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Minutes March 1, 19880i CITY OF DENTON CITY COUNCIL MINUTES MARCH 1, 1988 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: Mayor StePhens-attended out-of-town seminar 1. The Council received an update from the Beautification Task Force. Elizabeth Evans, Planning Administrator, reviewed the proposals and recommendations of the Beautification Task Force. The proposals included: (1) appoint a standing Beautification Committee, (2) identify the major entranceways and corridors of the City, (3) commission an entranceway plan, (4) adopt a landscape/tree preservation ordinance, (5) support code enforcement activities, (6) consider free dump days at the landfill, (7) evaluate the use of trash dumpsters in the City, (8) consider amendments to the sign ordinance, (9) consider adoption of a parking lot ordinance, (10) eliminate parking of vehicles in front yards of residences, (11) use CIP or bond programs for landscape of all future road improvements, (12) establish underground electric service, and (13) implement a wildflower planting schedule. Council and staff held a lengthy discussion regarding the above proposals. Consensus of Council was to have staff proceed with the final development of all the proposals taking into account the discussion and suggestions made at the work session and present those proposals to Council. The Council considered approval of procedures for the final adoption of the Denton Development Plan. Harry Persuad, Urban Planner, presented the proposed schedule of neighborhood meetings to be held at the elementary schools. Team captains would be responsible for the meetings. Persuad presented three options for advertising of the meetings: (1) send a flyer through the schools, post notices in the neighborhoods, and place notices in the newspaper (approximately $500), (2) include a mailer with utility bills (approximately $800), (3) send a separate mailer (approximately' $3,500). Consensus of the Council was to proceed with option (1) and to include the radio stations, cable TV, churches and libraries to help notify the public. City of Denton City Council Minutes March 1, 1988 Page 2 3. The Council held a discussion regardin~ disposal rates for autos and pick-up trucks at the City's Sanitary Landfill site. Mayor Stephens joined the meeting. Charlie Watkins, Superintendent of Solid Waste, presented the staff recommendations with regards to auto and pick-up truck rates at the landfill. He recommended keeping the rates for autos the same at ~3.00 and recommended a pick-up truck rate of 1o.oo Consensus of the Council was to proceed with the recommended rates. 4. The Council was to receive City-School District swimming pool. This item was held for later discussion. a report regarding a 5. The Council was to receive a presentation regarding a draft solicitation ordinance. This item was held for later discussion. 6. The Council was to receive a report regarding contracts of obligations for various vehicles included in the 1987-88 budget. This item was held for later discussion. 0 The Council did not meet in Executive Session. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None The Mayor presented a proclamation for "Professional Social Work Month". Eileen Short accepted the proclamation. 1. The Council considered approval of the minutes of the regular session of February 2, 1988, the work session of February 9, 1988 and the regular session of February 16, 1988. City of Denton City Council Minutes March 1, 1988 Page 3 Alexander motion, Hopkins second to approve the minutes as presented. Motion carried unanimously. 2. The Council considered a request from Doug Gray and Lori Franzke representing the NTSU Greek System to solicit funds from City streets. Lori Franzke, representing the Greeks of North Texas, requested permission to hold their annual stoplight blitz on selected City corners. Money raised this year would go to the Denton Y .M .C .A. Mayor Stephens stated that the students had been informed about not going into the streets and staying on the curbs. Hopkins motion, McAdams second to approve the request. Motion carried with a 5-2 vote with Ayer and Gorton casting the "nay" votes. Mayor Pro Tem McAdams emphasized to the students that the Council felt very strongly that they were not to go into the streets. That would be enforced by the Police Department and if they were found to be in the street, the solicitation would end. Doug Gray stated he understood that and that they would also have monitors out to be sure the students did not go into the streets. 3. Consent Agenda Hopkins motion, McAdams second to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: Bid #9828 - 12 yd. Dump Truck Bid 998'29 - Side Loading Refuse Truck Bid ~9830 - Panel Furniture Addition 4. Bid #9837 - Tractor & Implements 5. P.O. #82231 - Eli Meyers Pump Service - ~11,900.00 City of Denton City Council Minutes March 1, 1988 Page 4 B. Plats and Replats Consider approval of preliminary plat of the Chamberlain Addition, Lots 1-5, Block A. Consider approval of preliminary plat of the Denton High School No. 2 Addition, Lots 1, 2 and 3, Block 1. Consider approval of preliminary plat of the Fire Station Addition, Lots 1, Block 1. C. Tax Refunds Consider approval of a tax refund for Robert Hankins - ~1,271.64 Consider approval of a tax refund for Connell Development - ~526.76 3. Consider approval of a tax refund to Home Savings of America for Leon Kimes - ~971.09 4. Consider approval of a tax refund to G.L. Mitchell - ~974.14 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: NO. 88-042 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. vote, McAdams "aye," Alexander "aye," Hopkins "aye," "aye," Ayer "aye," Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton "aye." City of Denton City Council Minutes March 1, 1988 Page 5 B. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was considered: NO. 88-043 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefor; and providing for an effective date. (Martin Luther King, Jr. Recreation Center) The following ordinance was considered: NO. 88-044 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Lloyd Harrell, City Manager, presented the background on the bids for the Center. Eight bids had been received with all the bids being very close together and a very reasonable bid coming from the low bidder. The low bid was within ~14,000 of the budget for the Center. In order to keep the project within budget, two alternatives were recommended by the architect and the Park and Recreation Board. These alternatives would not change the quality of the project. One was to use an alternative pavement material for the parking lot and driveway. Asphalt would be used instead of concrete. The second alternative was to use concrete on the sidewalks instead of brick pavers. The pavers could possibly be used at a later date if the budget allowed as could the concrete materials for parking. 05 City of Denton City Council Minutes March 1, 1988 Page 6 Ayer motion, Boyd second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefor; and providing for an effective date. (Westgate Hills North Phase I Street Participation) The following ordinance was considered: NO. 88-045 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption an ordinance and service plan annexing approximately 51.3085 acres of land being part of the J. Clayton Survey, Abstract No. 221; J. Lamar Survey, Abstract No. 754; and M. McBride Survey, Abstract No. 804. (A-51) The following ordinance was considered: NO. 88-046 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 51.3085 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE J. CLAYTON SURVEY, ABSTRACT NO. 221, J. LAMAR SURVEY, ABSTRACT NO. 754, AND M. MCBRIDE SURVEY, ABSTRACT NO. 804, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. David Ellison, Assistant to the City Manager, stated that this was the final ordinance and service plan for a 100' strip to Lake Ray Roberts. City of Denton City Council Minutes March 1, 1988 Page 7 McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for one-way traffic from west to east on Third Street from its intersection with Locust Street to its intersection with Austin Street; and providing for a penalty of a fine not to exceed five hundred dollars (~500.00). The following ordinance was considered: NO. 88-047 AN ORDINANCE OF THE CITY-OF DENTON, TEXAS, PROVIDING FOR ONE-WAY TRAFFIC FROM WEST TO EAST ON THIRD STREET FROM ITS INTERSECTION WITH LOCUST STREET TO ITS INTERSECTION WITH AUSTIN STREET; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance prohibiting the parking of vehicles on both sides of Third Street from its intersection with Locust Street to its intersection with Austin Street; providing a severability clause; and providing a penalty not to exceed five hundred dollars. The following ordinance was considered: NO. 88-048 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF THIRD STREET FROM ITS INTERSECTION WITH LOCUST STREET TO ITS INTERSECTION WITH AUSTIN STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Alexander motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 07 City of Denton City Council Minutes March 1, 1988 Page 8 H. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for one-way traffic from east to west on Oak Street from its intersection with Bonnie Brae Street, to a point 456 feet west of Bonnie Brae, and for one-way traff'ic from west to east on Hickory Street from a point 456 feet west of Bonnie Brae to its intersection with Bonnie Brae Street; and providing for a penalty of a fine not to exceed five hundred dollars (~500.00). The following ordinance was considered: NO. 88-049 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE-WAY TRAFFIC FROM EAST TO WEST ON OAK STREET FROM ITS INTERSECTION WITH BONNIE BRAE STREET, TO A POINT 456 FEET WEST OF BONNIE BRAE, AND FOR ONE-WAY TRAFFIC FROM WEST TO EAST ON HICKORY STREET FROM A POINT 456 FEET WEST OF BONNIE BRAE TO ITS INTERSECTION WITH BONNIE BRAE STREET; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS (~500.00); AND DECLARING AN EFFECTIVE DATE. Gorton motion, Ayer second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance establishing rates for the use of the City's Sanitary Landfill site. The following ordinance was considered: NO. 88-050 AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. vote, McAdams "aye," Alexander "aye," Hopkins "aye," "aye," Ayer "aye," Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton "aye." City of Denton City Council Minutes March 1, 1988 Page 9 09 J. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, making certain findings relating to and involving the project of the Texas Municipal Power Agency known as the Comanche Peak Steam Electric Station and-associated facilities; authorizing the execution and delivery of a release and covenant not to sue with respect to said project and the joint ownership agreement to which said agency is a party; consenting to, approving, authorizing and ratifying two agreements between said agency and Texas Utilities Electric Company concerning said project and joint ownership agreement and the electric power and energy generated at said project; releasing any claim against said agency on account of its execution of each of said two agreements between said agency and Texas Utilities Electric Company; approving the withdrawal, under certain condition, of said City's approval of said project; making certain representations and warranties; agreeing to be bound by, and to comply with, the notice and other requirements set forth in an assumption and indemnity agreement executed by Texas Utilities Electric Company; authorizing the delivery of certain certificates of the City Secretary; and providing for an effective date of this ordinance. The following ordinance was considered: ORDINANCE NO. 88-051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, MAKING CERTAIN FINDINGS RELATING TO AND INVOLVING THE PROJECT OF THE TEXAS MUNICIPAL POWER AGENCY KNOWN AS THE COMANCHE PEAK STEAM ELECTRIC STATION AND ASSOCIATED FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A RELEASE AND COVENANT NOT TO SUE WITH RESPECT TO SAID PROJECT AND THE JOINT OWNERSHIP AGREEMENT TO WHICH SAID AGENCY IS A PARTY; CONSENTING TO, APPROVING, AUTHORIZING AND RATIFYING TWO AGREEMENTS BETWEEN SAID AGENCY AND TEXAS UTILITIES ELECTRIC COMPANY CONCERNING SAID PROJECT AND JOINT OWNERSHIP AGREEMENT AND THE ELECTRIC POWER AND ENERGY GENERATED AT SAID PROJECT; RELEASING ANY CLAIM AGAINST SAID AGENCY ON ACCOUNT OF ITS EXECUTION OF EACH OF SAID TWO AGREEMENTS BETWEEN SAID AGENCY AND TEXAS UTILITIES ELECTRIC COMPANY; APPROVING THE WITHDRAWAL, UNDER CERTAIN CONDITIONS, OF SAID CITY'S APPROVAL OF SAID PROJECT; MAKING CERTAIN REPRESENTATIONS AND WARRANTIES; AGREEING TO BE BOUND BY, AND TO COMPLY WITH, THE NOTICE AND OTHER REQUIREMENTS SET FORTH IN AN ASSUMPTION AND INDEMNITY AGREEMENT EXECUTED BY TEXAS UTILITIES ELECTRIC COMPANY; AUTHORIZING THE DELIVERY OF CERTAIN CERTIFICATES OF THE CITY SECRETARY; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. City of Denton City Council Minutes March 1, 1988 Page 10 Alexander motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. K. The Coun'cil considered adoption of an ordinance calling and ordering an election to be held in the City of Denton, Texas, on May 7, 1988, for the purpose of electing Council Members to the City Council of the City of Denton, Texas to Places 5 and 6 and electing a Mayor to Place 7; ordering that the punch card electronic voting system adopted by Denton County be used in said election; designating voting places and appointing election officials; providing for election supplies; providing for notice of said election; and providing of an effective date. The following ordinance was considered: NO. 88-052 AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 7, 1988, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY BE USED IN SAID ELECTION; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR ELECTION SUPPLIES; PROVIDING FOR NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. Resolutions A. The Council considered approval of a resolution approving an interlocal agreement between the City of Denton and the Town of Ponder for the impoundment and disposition of dogs and cats. The following resolution was considered: NO. R88-016 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE TOWN OF PONDER FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS; AND DECLARING AN EFFECTIVE DATE. City o£ Denton City Council Minutes March 1, 1988 Page 11 McAdams motion, Gorton second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council was to consider approval of a resolution appointing members to the Main Street Committee. This item was held for later discussion. Item 5.D. was moved ahead in the order. D. The Council considered approval of a resolution authorizing the transfer of funds from the Utility System Fund to the Parks and Recreation Department. The following resolution was considered: RESOLUTION NO. R88-019 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE UTILITY SYSTEM FUND TO THE PARKS AND RECREATION DEPARTMENT AND PROVIDING AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, stated that this resolution would provide assistance to the Parks Department for installing a heating system in the Martin Luther King, Jr. Recreation Center. A five year $12,000 loan would be made from the Utility Department fund to the Parks Department with 7 1/2 % interest. The Public Utilities Board recommended approval. Council Member Hopkins stated that she felt this was a bad pfecedent to set. She felt another way should be found to fund the heating system. Lloyd Harrell, City Manager, reviewed the history of the request. During the process of putting together the specs for the Martin Luther King, Jr. Recreation Center, the architect for the building had specified resistance heating as the type of heating that would be used in the building. That type of heating was recommended primarily because it was the lowest dollar cost option that could be used. Staff spoke to the architect about providing more efficient heating. The more efficient heating system would more than likely run over the 11 12 City of Denton City Council Minutes March 1, 1988 Page 12 budget for the Center. An option suggested rather than go over budget, was to have the Utility Department front end the cost for the more efficient heating with the funds to be paid back over a five year period. Enough money would be saved during those five years in electric costs to pay back the loan. Boyd motion, McAdams second to approve the resolution. vote, McAdams "aye," Alexander "aye," Hopkins "nay," "aye," Ayer "aye," Boyd "aye," and Mayor Stephens Motion carried with a 6-1 vote. On roll Gorton "aye." The Council returned to the regular agenda order. C. The Council considered approval of a resolution recommending the consideration of energy conservation building standards by the Building Code Board. The following resolution was considered: RESOLUTION NO. R88-018 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; RECOMMENDING THE CONSIDERATION OF ENERGY CONSERVATION BUILDING STANDARDS BY THE BUILDING CODE BOARD; AND PROVIDING AN EFFECTIVE DATE. The Council allowed Ms. Isabel Miller to speak to the Council. Isabel Miller read a statement to the Council dealing with energy use in buildings. See Exhibit "A". Council Member Boyd asked Ms. Miller if there were occasions when resistance heating might be an appropriate choice, such as a room addition. Miller replied possibly as a last resort. Expansion of the existing unit or window heat pumps should be considered first. Council Member Alexander thanked Ms. Miller for taking the time to prepare her document and for appearing before the Council with her ideas. Council Member Ayer also expressed his appreciation and stated that these were ideas that the Council needed to give careful consideration to. The resolution they were about to act on partially addressed Ms. Miller's item #3. A tree preservation ordinance was being finalized and he felt that the Council needed to consider an ordinance that would not allow the use of resistance heating in new construction. City of Denton City Council Minutes March 1, 1988 Page 13 Council Member Boyd stated that he would like the Building Code Board to not only consider the resolution that the Public Utility Board recommended but also the specific recommendations by Ms. Miller including the ruling out of electric resistance heating. Mayor Stephens suggested sending a copy of Ms. Miller's statement along with the resolution to the Building Code Board or she could present the item herself. Council Member Hopkins stated that she would like to discuss the possibility of ruling out resistance heating. Lloyd Harrell, City Manager, outlined the history of the resolution. The resolution was first taken to the Utility Board by the Utility staff as a recommendation that the City look at the possibility of not allowing future resistance heating as the primary heating source in new construction. That initiative was taken by the staff due to two concerns: (1) conservation of electricity and (2) many apartments used resistance heating as a primary heating source and each winter, many residents came to the City offices not understanding why their heating bill was so much greater than their air conditioning bill. The reason for that was the extreme inefficiency of resistance heating and the fact that major amounts of money had to be spent to fuel that heating source. That was presented to the Utility Board and they spent several meetings discussing the item. They heard statements from residents of apartments and the end result of those meetings, was that the Utility Board did not feel comfortable coming forth to the City Council with any recommendation that would have prohibited resistance heating but, on the other hand, did feel comfortable endorsing the idea of an energy envelope to the Council and referred on to the appropriate board. The administration had not changed its position that some body should take consideration of the proposal of eliminating resistance heating from new construction. Mayor Pro Tem McAdams expressed her appreciation to Ms. Miller for her concern. She felt that it was important that even if Ms. Miller were to appear before another board to talk about the issue, that it would be appropriate to send along her communication with the Council's endorsement of its principles. She felt that the Council needed to send a strong message that it planned to have a different direction about heating in Denton and that regardless of what some people might say in opposition, the Council did intend to come up with a different plan and approach. Whether the Utility Board determined that they were the appropriate body to make the 13 City of Denton City Council Minutes March 1, 1988 Page 14 recommendation or not, the Council would get the recommendations and would proceed on them. As with the Martin Luther King, Jr. Recreation Center, when the City obligated the tax payer to pay the 'utility bill for the Center, the Council had to find a way to do that in the least expensive way possible. A very clear message needed to be sent to the Building Code Board and to the Utility Board that this was a serious project on the part of the Council. Council Member Boyd stated the utility bill savings from a more energy efficient heating system at the Martin Luther King, Jr. Recreation Center were not the only savings that would be realized by the citizens of Denton. Additionally the tax payers would save in the fact that an additional power plant would not have to be built. If the City was seriously interested in keeping utility rates down, then the Council must insist on energy efficient heating. McAdams motion, Alexander second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered approval of a resolution temporarily closing Fry Street between the intersection of Oak Street and Hickory Street on Sunday, April 17, 1988 with a rain date of April 24, 1988. The following resolution was considered: RESOLUTION NO. R88-020 A RESOLUTION TEMPORARILY CLOSING FRY STREET BETWEEN THE INTERSECTION OF OAK STREET AND HICKORY STREET ON SUNDAY, APRIL 17, 1988, AND PROVIDING AN EFFECTIVE DATE. Steven Nill, President of Delta Lodge, stated that the request was for the annual Fry Street Fair. This will be the 9th year of the Fair. Hopkins motion, MeAdam~ ~eeond to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "ayev" Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes March 1, 1988 Page 15 Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following items: A. John McGrane had provided the Council with the January budget recap report. B. The City of Garland was considering on its agenda for that evening the hydroelectric amendment and all indications were that it would pass. The City of Greenville would probably consider the amendment next week and indications were that it would pass there as well. e No Executive Session was held during the Work Session. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Gorton asked for a report from the Fire Inspector and the Fire Chief relative to safety activities surrounding child care facilities in relation to the City's responsibilities. The Council returned to the Work Session items not considered earlier. 4. The Council considered City-School District swimming pool. a report regarding a Council Member Gorton presented a report on the feasibility of a joint venture with the School District for an indoor swimming pool. When the study came back to the Parks Board, the basic problem was that the pool would not generate enough revenue to begin retiring a general obligation bond or a revenue bond. The Committee indicated to the School District that they did not feel that the Council would support that concept on the basis that the City would be carrying a debt service that would not pay for itself. The School District countered with the concept of the City entering into a long range commitment to lease the pool for services. That option was still being explored. Another consideration was a possibility of an athletic complex adjacent to the new high school site. Staff was prepared to hold discussions with North Texas State University and the School District on the feasibility of creating an athletic complex either immediately on the School District property or acquiring adjacent property so as to expand and make the facility an athletic center for the entire community. 15 16 City of Denton City Council Minutes March 1, 1988 Page 16 Consensus of the Council was to request the Committee to explore the possibilities of the athletic complex with the School District. 5. The Council- received a presentation of a draft solicitation ordinance. Debra Drayovitch, City Attorney, presented the two draft solicitation ordinances. One dealt with soliciting for money from City streets and one dealt with the actual solicitor permit. Consensus of the Council in regards to street solicitation was to proceed with a formal agenda item with the ordinance being applicable to all City streets. After a lengthy discussion involving who would be required to obtain a permit and what type of identification would be required, consensus of the Council in regards to the revised solicitors permit ordinance was to require all persons soliciting door-to-door to obtain a permit. Council directed staff to prepare the necessary ordinance for formal approval. 6. The Council received a report regarding contracts of obligations for various vehicles included in the 1987-88 budget. John McGrane, Executive Director of Finance, presented the background information regarding new legislation regarding lease purchase obligations which allows the City to be the financing agent. Consensus of the Council was to proceed with a formal ordinance. 9. The Council convened into the Executive Session to discuss legal matters (Maverick judgment proceedings and possible settlement in Sherrill v. City), real estate, personnel and board appointments (nominations to the Main Street Committee). The Council reconvened into open session to take the folloWing action: 5. Resolutions B. The Council considered approval of a resolution appointing members to the Main Street Committee. City of Denton City Council Minutes March 1, 1988 Page 17 The following resolution was considered: RESOLUTION NO. R88-017 A RESOLUTION"APPOINTING MEMBERS TO THE MAIN STREET COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. Alexander motion, Boyd second to amend the resolution to include two at-large representatives on the Committee. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Boyd motion, Alexander second approve the resolution with Jerry Cott and Alan Cole as at-large representatives and Bob Gorton as Council representative. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. With no further business, the meeting was adjourned at 10:44 p.m. 17 ~Nf~R~A~T~RS /C;TY SE ETA Y ~ITY OF DENTON, TEXAS CITY ~D/~ENTON, TEXAS 2879C 18 EXHIBIT "A" My name is Isabel Miller. I am an architect and a long-time resident of Denton. For three years I was the member of the state board of the League of Women Voters dealing with renewable energy; I was on the Governor's Solar Advisory Commission in 1980, and I was a member of the executive board of the Texa~ Solar Energy Society for six years. I am here to discuss energy use in buildings. Most buildings built in Denton are much less energy-efficient than they could be. This is partly because they are built to save on initial cost, but more universally because they are designed without regard for orientation, sun control, or environment. Energy use in buildings, disregarding the variations in life style of the occupants, depends principally on five factors: the quality of the envelope that is the barrier between inside and outside, mechanical equipment, orientation, environment, and means of lighting. The envelope of most new construction is pretty good, with wall and ceiling insulation, double-pane windows, weatherstrips, etc. Builders and buyers are reasonably aware of the importance of these things, but cratsmanship is sometime poor. More insulation, radiation barriers in attics, and tighter construction could be improvements. Mechanical-equipment efficiency is paramount. Heating and cooling equipment should have maximum efficiency requirements. Choice of energy is also important. Gas heat ahd electric cooling, or heatpump year-round systems, should be used, never electric-resistance heat except for back-up in heatpumps or~ emergencies. Orientation is perhaps the least considered and most painless way to save energy--it costs nothing but a decision. If you take a conventional 32-foot by 64-foot brick-veneer house, with seven windows on each long side and two on each end, and turn it to face south or north instead of east or West, you Save one-half ton of airconditioning. This is because no roof overhang will control east or west sun, which rises and sets at the horizon, while a two-to-three-foot overhan~ will prevent south summer sun from striking wall or windows. In the winter the sun is low and enters and warms the south rooms, in addition to the east and west ones. One is mistaken if he thinks inside shutters or draperies shut out the effect of low sun. Once tke sun's rays pass through glass and hit anything and warm it, the resultant heat is trapped as in a parked car because the wavelength of the heat cannot pass back through the glass. A building's environment affects its energy use. Besides the ob- vious benefit og deciduous trees which shade in summer and let sun through in winter, the cooling effect of transpiration from lawns, shrubs, and trees is beneficial. In larger buildings, where the ratio~ of w{%i to floor area is great, major airconditioning loads come from within. Use of daylighting from sky- lights not only cuts electricity use for lamps, but lessens airconditioning load. Isabel Miller Page Two 19 The first person to suffer hardsh~ in an energy-hog building is the occupant who has to pay excessive utility bills. But the city also suffers because of accelerated need for more generating capacity. Because of infla- tio~ill probably result in a rate increase, and we all suffer. Therefore, I.urge th~ council to take several simple energy-con- servation steps. 1. Rule out the use of electric-resistance heating as a basic whole-house heat source. 2. Enact an energy-conservation ordinance, preferably based on performance, which would take into account not only envelope and mechanical but also orientation aspects of a building. 3. Require that 80 percent of all streets in new subdivisions run east and west if topography allows, so that houses automatically face north or south, with major glass areas in these directions. Port Arthur has done this. 4. Pass the tree ordinance, complete with proper protection for preserved trees, so that they are not condemned to delayed deaths. Of course there would be protests to these measures--there always are to mandated change. But so long as the people who design or build most of the housing stock are not the ones who pay the utility bills, the market is go- lng to be very slow to change bad practices. These are not expensive changes. They are not additions; the~simply require that informed choices be made about planning and materials based on long-term consequences. They would require some study, but they need not be inflexible--there could be trade-offs. And since the results of these proposals would benefit the entire city, they deserve consideration in spite of special-interest opposition.