Minutes January 10, 1989374
City of Denton City Council Minutes
January 10, 1989
The Council convened into the Work Session at 5:30 p.m. in the
Civil Defense Room.
PRESENT:
Mayo[ Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Ayer, Boyd, Gorton and McAdams.
ABSENT: None
1. The Council held a discussion concerning the funding
criteria to be utilized by the Human Resources Committee.
Barbara Ross, Community Development Coordinator, presented the
changes in the criteria for funding as suggested by Council.
Council reviewed the criteria changes and suggested a joint
meeting with the Human Resources Committee be scheduled for the
next Council meeting.
2. The Council received a presentation of the results of
the financial audit from Deloitte, Haskins & Sells.
Wayne Stephens, Deloitte, Haskins & Sells stated that the firm
had given the City a "clean opinion", everything was in order
and the City had a good financial condition. He stated that
the report to management indicated improvements from a
management and fiscal standpoint. He stated that the audit
operated on the "management by exception" principal which
stated specifics that could be improved on and did not mention
all of the good points.
Council reviewed the comments by the firm and thanked Mr.
Stephens for his presentation.
3. The Council considered legislation to create a
Regional Water and Wastewater System and considered giving
direction to the staff.
Lloyd Harrell, City Manager, stated that there were now two
main areas of suggestions needed from the Council (1) issues
that could easily be incorporated into the legislation;, and
(2) issues that represented substantial changes. He suggested
that the Council look at the remaining issues and divide them
into (1) critical issues that needed to be in the legislation
before the Council could support the legislation or (2)
strongly recommended issues to be placed in the legislation.
He felt that the main concern of the Council was that the City
of Denton be adequately represented in the body of the
committee. He had worked with Tom Taylor and had changed the
language of the legislation to read that the contributing
members would be one city, one vote but the assessment would be
limited to 50~/capita.
City of Denton City Council Minutes
January 10, 1989
Page 2
Mayor Pro Tem Hopkins asked that a contributing member
regardless of what. was said or done, would still be limited to
one vote.
City Manager Harrell replied yes, but that there would be a
limit on the funds to be spent and to change the per capita
contribution would require a 75% vote from the members.
Council Member Boyd expressed concern with smaller towns having
equal vote in the planning issues. If a plan of the City of
Denton went against a regional plan, there might be staff
opposition. He could see a 49-51% vote regarding a plant and a
possible problem.
Tom Taylor stated that they had attempted to address that
problem. All other agencies did not get a vote and this was a
substantial way from other agencies. He may not be able to go
any further on that issue. He stated that once the agency got
into a project, there would be a weighted vote and that if
there were no sponsors for a project, there would be no project.
Council Member Ayer felt that if there were a conflict between
what Denton wanted to do and neighboring communities, in the
final analysis, it would be based on economics of the situation
and the availability of the situation.
Council Member McAdams stated that some kind of organizational
effort would be preferable to doing nothing. Denton needed to
do all it could to protect itself as a city. She suggested
Paul Horton write a memo with further suggestions to insure
Denton was well protected.
Council Member Boyd stated that Denton needed to become a part
of the agency to preserve its water rights to remain the same.
If Denton did not participate, it might be conceivable that
Denton would have to take others as customers and would then
need to look for more raw water. There was a need for a
regional authority and that could be Denton but there were many
problems being the regional authority.
Council reviewed the issues that required a substantial changes
from the direction previously received from the Steering
Committee. Consensus of the Council on those issues were as
followed: Weighted vote for participating members - essential;
removal of the prohibition on elected officials being appointed
to the Board - strongly desired' at-large (rural) Board members
- strongly desired; establish qualifications for Board members
- strongly desired; prohibit compensation to Board members -
essential.
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City of Denton City Council Minutes
January 10, 1989
Page 3
4. The Council did not meet in Executive Session during
the Work Session.
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
PRESENT:
Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Ayer, Boyd, Gorton and McAdams.
ABSENT: None
1. The Council considered approval of the minutes of the
Regular Meetings of December 13 and 20, 1988.
Alexander motioned, McAdams seconded to approve the minutes as
presented. Motion carried unanimously.
Consent Agenda
Hopkins motioned, Gorton seconded to approve the Consent Agenda
as presented. Motion carried unanimously.
1. Bid ~9893 - Change Order ~ 1 - Woodrow
Lane/Burning Tree Lane
2. Bid ~9893 - Change Order ~2 - Woodrow
Lane/Burning Tree Lane
3. Bid ~9912 - Padmounted Switchgear
Bid 99920 - Denton Municipal Lab Expansion/
Building (The Public Utilities Board
recommends approval)
B. Tax Refunds
Consider approval of a tax refund for First
Quality Foods Inc. for $1,803.20. ~
2. Consider approval of a tax refund for Selwyn
School for $2,216.13.
3. Consider approval of a tax refund for Glen
W. Justice for $1,549.80.
3. 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.
City of Denton City Council Minutes
January 10, 1989
Page 4
The following ordinance was considered:
NO. 89-002
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 motioned, Gorton seconded 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.
B. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements.
The following ordinance was considered:
NO. 89-003
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.
McAdams motioned, Ayer seconded 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
authorizing the execution of Change Order #1 to a contract
between the City of Denton and Sunmount Corporation and
providing for an increase in the contract price.
The following ordinance was considered:
NO. 89-004
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER
NO. 1 TO A CONTRACT BETWEEN THE CITY OF DENTON AND
SUNMOUNT CORPORATION; PROVIDING FOR AN INCREASE IN THE
CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
January 10, 1989
Page 5
Lloyd Harrell, City Manager, stated that items C. and D.
implemented items that were on the Consent Agenda.
Council Member Ayer noted that there was an incorrect amount in
the first paragraph of the ordinance and requested a change, in
the amount.
Alexander motioned, Hopkins seconded to adopt the ordinance
with the correction as noted. 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
authorizing the execution of Change Order ~2 to a contract
between the City of Denton and Sunmount Corporation and
providing for an increase in the contract price.
The following ordinance was considered:
NO. 89-005
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER
NO. 2 TO A CONTRACT BETWEEN THE CITY OF DENTON AND
SUNMOUNT CORPORATION; PROVIDING FOR AN INCREASE IN THE
CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance with
the correction noted. 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 of an ordinance
approving a lease between the City of Denton and Bert E. Mahon
and Mary L. Mahon for property located at the City of Denton
Municipal Airport, Denton, Texas. (The Airport Advisory Board
recommended approval).
The following ordinance was considered:
ORDINANCE NO. 89-006
AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF
DENTON AND BERT E. MAHON AND MARY L. MAHON FOR
PROPERTY LOCATED AT THE CITY OF DENTON MUNICIPAL
AIRPORT, DENTON, TEXAS AND PROVIDING FOR AN EFFECTIVE
DATE.
Rick Svehla, Deputy City Manager, stated that Council had
previously had three concerns regarding the lease (1) how the
escalating clause would be calculated, (2) if the rate of
8C/foot was consistent with the Master Plan, (3) where the CIP
improvements would be at the airport.
City of Denton City Council Minutes
January 10, 1989
Page 6
Council Member Ayer asked what was the proposed use for the
land.
Svehla stated that it was for personal use only, not for
commercial use.
Council Member McAdams stated that it would be helpful if there
were indicators of what fell in the categories of improvements
which were "none, some, minor, major" improvements.
Council Member Ayer stated that his concern had not been
addressed. The lease was a low price for an extended period of
time. He was reluctant to enter a contract for that figure
without the option for renegotiation..
City Manager Harrell stated that this 8~ rate would represent
the highest rate at the Airport for a marginal edge. He stated
that there was a small protection with the escalator clause.
David Arno, Airport Board Chairman, stated that this lease was
different because it was with a private individual without
profit - no business opportunity.
Council Member Boyd asked
with the same conditions.
all.
if the lease was transferable but
There would be no commercial use at
Svehla replied that was correct.
Council Member McAdams requested a work session dealing with
information on the airport without the pressure of a proposed
lease at hand.
McAdams motioned, Boyd seconded to adopt the ordinance.~ On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "nay," Ayer "nay," Boyd "aye," and Mayor Stephens
"aye." Motion carried with a 5-2 vote.
F. The Council considered adoption of an ordinance
approving a contract with Freese and Nichols, Inc. for
professional engineering services in connection with the
development of a twenty year master plan for improvements to
the Wastewater Treatment System. (The Public Utilities Board
recommended approval.)
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The following ordinance was considered:
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City of Denton City Council Minutes
January 10, 1989
Page 7
NO. 89-007
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND FREESE AND NICHOLS, INC. FOR
PROFESSIONAL ENGINEERING SERVICES; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Bob Nelson, Executive Director for Utilities, stated that it
had been 15 years since the previous Master Plan had been done
at the wastewater treatment plant. State law required that
once a plant reached a 75% leading capacity, plans needed to be
initiated to determine what was to be done with the next phase
of the plant. This year the plant reached a 77% loading, so it
was time to update the Master Plan and determine what the needs
were and how to need those needs.
Hopkins motioned, Ayer seconded 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.
4. Resolutions
A. The Council considered approval of a resolution
adopting the boundaries of moderate activity center ~40 as a
part of Appendix A and amending the Intensity Planning Area
Boundary Map. (The Planning and Zoning Commission recommended
approval).
The following resolution was considered:
RESOLUTION NO. R89-001
A RESOLUTION ADOPTING THE BOUNDARIES OF MODERATE
ACTIVITY CENTER NUMBER 40 AS PART OF APPENDIX A OF THE
DENTON DEVELOPMENT PLAN; AMENDING THE INTENSITY
PLANNING AREA BOUNDARY MAP; AND PROVIDING FOR AN
EFFECTIVE DATE.
Harry Persaud, Urban Planner, presented the background
information on the Task Force considerations and the criteria
used in defining the intensity area.
Council Member Boyd felt that doubling the size of the proposed
node would be creating problems. He asked if the land north of
the moderate node was fully developed. Would it be likely that
the Council would see a proposal in a short period of time, to
expand the node north.
City of Denton City Council Minutes
January 10, 1989
Page 8
Persaud replied that he felt it was quite unlikely that the
City would receive such a request in 5 years time. The north
side had a good quality housing development. If there were
pressure to expand the node, it would be in 10-20 years time.
City Manager Harrell stated that the debate was to expend the
node just slightly and take in the single family houses and
square off the area.
Persaud replied that if the 10 single family homes were
excluded, then those people would have been in a situation.
Were the land south of their area zoned industrial, they would
be abutting a thoroughfare and in a low intensity area.
Council Member McAdams stated that she had a great deal of
concern with the size of the node. The node was too large.
Alexander motioned, Gorton seconded to approve the resolution.
On roll vote, McAdams "nay," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"nay." Motion carried with a 5-2 vote.
5. The Council received a report from Gene Douglas and
Mr. and Mrs. Tillman Uland regarding the City of Benton
operating defensive driving classes in free competition with
their programs.
Gene Douglas presented additional reasons why the City of
Denton should not operating defensive driving classes which
included (1) there was a law against a city operating a school
outside the city limits, (2) the city could not operate a
school unless it had a school district for the purpose of a
school, (3) the City was in violation of the Texas Constitution
in mingling its own resources with that of another association,
(4) if the city operated a school, it must be free, (5) the
City was damaging the economy of its competitors.
Council Member Gorton requested that the City Attorney address
the matter as to whether to continue discussion as Mr. Dougles
had been to an attorney.
Joe Morris, Assistant City Attorney, stated that there were no
significant legal problems with the City's defensive driving
program.
Tillman Uland felt that the ad placed in the phone book was
unfair and improper.
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Mayor Stephens felt that it could be a potential case for
litigation and should not continue discussion.
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City of Denton City Council Minutes
January 10, 1989
Page 9
City Manager Harrell stated that this item would be looked at
during the next budget process.
Consensus of the council was to take up the item as budget time
unless there was a legal opinion that the City was in violation
of the law.
6. Miscellaneous matters from the City Manager.
City Manager Harrell presented the following items:
A. The formal dedication of the Texas Instruments
plant would be February 25.
B. The formal dedication of the Martin Luther King,
Jr. Recreation Center was set for the same day, February 25 at
2:00 p.m.
C. Harrell had distributed financial statements from
the 911 Board for use by the Task Force. The Task Force
represented people from the various municipalities within the
County where staff had agreed to serve on an oversight
committee to examine all aspects of the 911 plan and report
back to the Board by March 1. John McGrane, Executive Director
for Finance, had been asked to be temporary chairman of the
group.
There was no Executive Session during the Work Session.
e
8. The following items of New Business were suggested by
Council Members for future agendas:
ae
Council Member Alexander requested information on
problems regarding the mowing of the
right-of-ways within the City and the ability to
accomplish that task.
Council then returned to the Work Session item to continue
discussion on Item 3. Minutes on that discussion are
incorporated into the discussion found under Item 3.
9. The Council convened into the Executive Session to
discuss legal matters (Ali A1-Khafaji vs. City of Denton, Flow
Memorial Hospital bankruptcy), real estate, and personnel and
board appointments (appointments to the Airport Board,
Community Development Block Grant committee and the Low Income
Housing Task Force). No official action was taken.
With no further business, the meeting was adjourned at 9:21 p.m.
City of Denton City Council Minutes
January 10, 1989
Page 10
CITY O~ DENTON, TEXAS
NNIF~ WALTERS
TY SECRETARY
CITY OF DENTONv TEXAS
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