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Minutes January 17, 19893 CITY OF DENTON CITY COUNCIL MINUTES JANUARY 17, 1989 The Council convened into the Work Session in the Service Center Training Room at 5:30 p.m. PRESENT: Mayo~ Stephens; Mayor Pro Tem Hopkins; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. ABSENT: None 1. The Council held a joint discussion with the Human Resources Committee to discuss funding criteria to be utilized by the Committee. Members of the Committee present were Chair Dorothy Damico; Members Linda Ashmore, Irene Price, Jim Bezdek, Don Harper, Dick Enos, and Barbara Atkins. Dorothy Damico, Chair-Human Resources Committee, presented an overview of the Committee. She stated that human resources were social service agencies and services, not just city services. The Committee felt that the services should be basic services rather than social services. The Committee felt that social services should be involved and would like to see social welfare services mentioned. The Committee had concern over the funding of new agencies for only three years, the absence of health care, and the funding criteria with no social welfare services allowed. Mayor Stephens replied that the new agencies may only need funding for a short period of time before they could get outside funding and that provisions could be made on an as needed basis. The City did not want to infringe on the County health care services and the social welfare services needed to be looked at as a function of the United Way - community wide by community volunteers rather than city funding. Mayor Pro Tem Hopkins stated that social welfare services could not be addressed until the pending litigation had been taken care of. Council Member McAdams stated that budget was also a concern. There were many needs that were not being met in the City. The City needed to spend the money in the fairest way possible. Council Member Ayer stated that there were many dedicated people on the Committee but that conditions such as budget constraints and legal complications confronted the Council. Consensus of the Council was to place the item on the study session for the February 7th Council meeting for proposed ordinance wording with possible adoption at a following meeting. City of Denton City Council Minutes January 17, 1989 Page 2 2. The Council received a response from the Finance Department regarding the Report to Management of Deliotte, Haskins & Sells. John McGrane, Executive Director for Finance, reviewed staff's response to the report from Deloitte, Haskins & Sells. Areas of response included cash and investment activities, accounting procedures and issues, employee benefits, tax information reporting evaluation, municipal court, and hotel/motel occupancy tax. 3. The Council considered a draft ordinance dealing with drawing on City sidewalks and provided staff with direction. Joe Morris, Assistant City Attorney, stated that a draft ordinance had been revised to correct the situation the Council was concerned about. Council Member Gorton suggested included wording regarding posting notice of advertisement and to include the name, address and permit number on the advertising for painting house numbers on curbs. Assistant City Attorney Morris stated that the sign ordinance addressed the issue of posting notice of advertisement. Council Member Alexander was concerned that the revised ordinance may be creating more potential problems than the old ordinance had. He felt it might be best to leave it alone. Consensus of the Council was to place the ordinance on the next Council meeting with a change to include the name, address and permit number to be required on advertising for curb number painting. Item 4 was not discussed during the Work Session. 5. 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 The Mayor presented a proclamation for "The Best of America Say NO" Week. 385 3 8 6 City of Denton City Council Minutes January 17, 1989 Page 3 1. The Council considered approval of a resolution of appreciation for David Ellison. The following resolution was considered: RESOLUTION NO. R89-002 A RESOLUTION IN APPRECIATION OF DAVID ELLISON AND PROVIDING AN EFFECTIVE DATE. Gorton motioned, Ayer seconded 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. 2. The Council was to hear a presentation from Mr. Tom Van regarding raising the basic meter fee for taxicabs from $1.20 to $1.30. Mr. Van did not attend the meeting. 3. The Council received a request from the Cross Timbers Girl Scout Council to hang a banner at Locust Street and McKinney Street. Gorton motioned, Ayer seconded to approve the request. Motion carried unanimously. Item 6.A. was moved ahead in the agenda order. e Public Hearings A. The Council was to hold a public hearing public hearing on a detailed plan in an existing Planned Development District (PD-6). Petitioner was Pep Boys of California, Inc. The property was located on 1-35E in San Jacinto Plaza Shopping Center adjacent to Wolfe's Nursery. If approved, the property may be utilized for an automobile service center and automobile parts store. Z-88-016. (The Planning and Zoning Commission recommended denial). Mayor Stephens stated that the petitioner had requested an additional postponement until February 7 due to the progress made with the neighborhood. Council Member Ayer felt that if changes were done, the item should return to the Planning and Zoning Commission before consideration by Council. City of Denton City Council Minutes January 17, 1989 Page 4 Alexander motioned, Gorton seconded for postponement until February 7, 1989 unless significant changes were done and if so, return the item to the Planning and Zoning Commission for consideration before returning to the Council. Motion carried unanimously. 4. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Certificates of Obligation, Series 1989, and approving and authorizing instruments and procedures relating thereto. and 5. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton General Obligation Bonds, Series 1989, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. Mayor Pro Tem Hopkins left the meeting. John McGrane, Executive Director for Finance, stated that representatives from First Southwest would first open the bids and tabulate them before voting on the ordinance. Frank Medanich, First Southwest, stated that there were 6 bids for the Certificates of Obligation and 9 bids for the General Obligation Bonds. He would read the net interest cost for each. The bids received for the bonds were as followed: NCNB Bank of Texas - 7.29506; Kemper Financial Companies - 7.3674; Bear Stearns - 7.3002; Merrill Lynch Capital Markets - 7.368; First Southwest - 7.2994; Underwood Neuhaus and Co. - 7.4120; Prudential Bache - 7.4216; Shearson American Express Inc. - 7.31208; and MBank Capital Markets of Dallas - 7.25107. Medanich then read the bids for the certificates as followed: MBank - 7.018579; Underwood Neuhaus - 7.35619; Shearson American Express - 7.0866; First Southwest - 7.0717; Bear Stearns - 7.1674; NCNB Bank of Texas - 7.1477. Medanich stated that they would return as soon as the Dids had been tabulated. Mayor Pro Tem Hopkins returned to the meeting. 387 388 City of Denton City Council Minutes January 17, 1989 Page 5 Item 6 was considered earlier in the meeting. Consent Agenda Mayor Pro Tem Hopkins requested Item 7.A.5. be pulled for special consideration. McAdams motioned, Gorton seconded to approve the Consent Agenda with the exception of Item 7.A.5. Motion carried unanimously. A. Bids and Purchase Orders: 1. RFP #9902 - HVAC Design and Renovation 2. Bid #9923 - Tree Spade/Transplanter 3. Bid ~9924 - Vans, Pick-ups & Trucks 4. Bid ~9925 - Police & 4-Door Sedans 0 P.O. #88272 - Data Processing Equipment and Software. Item 7.A.5. was considered. Mayor Pro Hopkins stated that she felt Data Processing had some serious questions about the bid and that it was an issue that the Council had repeatedly asked to have more information on. From the minutes of the Data Processing Advisory Committee, she felt that the Committee was trying to say something regarding the purpose. Gary Collins, Director of Data Processing, stated that when the bid went out, the Data Processing Department had solicited from different departments, their needs and what they wanted. The Department wrote up a number of specifications for the various machines. Nine or ten vendors responded with bids. The bids and tally sheets went to the Data Processing Advisory Board for discussion. Some of the bids were lower than the recommended bid because they did not meet specifications for the type of mother board requested, the microchannel architecture, and the speed required. The Board actively questioned different departments regarding their requests. There were some questions regarding the capabilities of the -machines to network. Other low bids were rejected because the vendors could not provide in-house service and one vendor could not deliver for at least 9 weeks. City of Denton City Council Minutes January 17, 1989 Page 6 Mayor Pro Tem Hopkins did not like getting the bids without totals displayed and felt that the minutes reflected bids only for IBM machines. Other companies might have been ruled out. Collins replied that no one else who had the microchannel architecture placed a bid. Council Member Hopkins stated that the Data Processing Advisory Board did not say anything about the individual department requests. It was not clear if something was really needed or not. Tom Shaw, Assistant Purchasing Agent, stated that the bids were divided by sections - A was the computer itself, B - the options suggested by the Advisory Board to allow each department to select which options they would like to have. Some of the bids were impossible to total as suggested due to the nature of the bid. Some of the vendors did not bid everything, some of the vendors included options in the general package while with other vendors those options were an additional charge. Council Member McAdams felt that in spite of all that the-Data Processing Advisory Board was saying, ultimately they took the position that they couldn't say anything about the individual department requests. Council had talked at length about the role of that Board and the role that the Board was playing was not the one that she saw it playing. If all the Board was going to do was to look at a request and assume if a department asked for it, that it was legitimate and that it was the best thing for that department, then she was not sure there was any need for them to be reviewing it at all. There were outside people with computer, software and hardware knowledge and she thought that she wanted them to be able to look at the department, look at the function of that department and determine what it is that department needed. 'When the auditors looked at this before, they suggested that the City had more capability in some places than it needed, that part of what the City had, it was not using because it was too complex. She wanted the Board to look at requests and determined if the request was valid. City Manager Harrell felt that some discussion needed to take place on the appropriate role of the Data Processing Advisory Board. From the staff's standpoint and from what he understood what the Board's feeling, at least up until this time, was that the Board had dealt, after the auditors had made their report back to the City, with that very issue. The Board had worked with Gary Collins to come up with a standard set of specifications on items that the City should ask various vendors to included as the City put computer purchases together. He felt that it would be unrealistic for the Council to expect the Advisory Board to be able to go into individual departments and to make a determination if indeed the computer 389 City of Denton City Council Minutes January 17, 1989 Page 7 capabilities that that department was asking for, were needed or not. Staff tried to do that two different ways. First, any computer item that was justified during the budget process, went through a stringent review by the Executive Staff and the appropriate department head involved to make sure that use was needed in that particular function. Only after that review, was that item ranked with all the other items in determining what the recommendation would be to the City Council. He respectfully felt that if the Council charged the Board to make a determination as the the actual need for each one of the individual PC computers that were being requested, they would become very frustrated simply because they did not understand the function of that department, what it was charged to carry out and what the management and policy level priorities were. His reading of the minutes was that the Board could not make a judgment call on every simple PC that was being recommended to the Council but on the other hand, they had no objection because the items they had told staff should be in those specifications were followed. He felt that the Board felt that that was a management function to determine the necessity of the computers and not an advisory function. Alexander motioned, Ayer seconded to approve Consent Agenda Item 7.A.5. Motion carried unanimously. 5. Bid ~9918 - Personal Computers & Software 8. 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. 89-010 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. Gorton motioned, Ayer seconded to adopt the ordinance. On roll votew McAdams "ayew" Alexander "ayes" Hopkins "aye," Gorton "aye," Ayer 'aye," Boyd 'aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes January 17, 1989 Page 8 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. 89-011 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. Boyd 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. C. The Council considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from only one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was considered: NO. 89-012 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING 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. The Council returned to Items 4. and 5. Mayor Pro Tem Hopkins left the meeting. 4. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Certificates of Obligation, Series 1989, and approving and authorizing instruments and procedures relating thereto. 391 City of Denton City Council Minutes January 17, 1989 Page 9 The following ordinance was considered: NO. 89-008 AN ORDINANCE AUTHORIZING THE ISSUANCEt SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1989, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. Frank Medanich, First Southwest, stated that the bid of MBank-Capital Markets for both the bonds at 7.251070 and the certificates at 7.018579 were correct as reported. Those bids were the highest and best received. Paul Horton, McCall Parkhurst & Horton, stated that in accordance with Section 9.02 and 9.04 of the Charter, as Bond Counsel, he recommended passage of the ordinance authorizing the Certificates of Obligation to MBank-Capital Markets. Ayer motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye, "Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton General Obligation Bonds, Series 1989, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. The following ordinance was considered: NO. 89-009 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1989, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. Paul Horton, McCall, Parkhurst and Horton, recommended the bid from MBank-Capital Markets and passage of the ordinance. Alexander motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes January 17, 1989 Page 10 Mayor Pro Tem Hopkins returned to the meeting. D. The Council considered adoption of an ordinance amending Chapter 15 "Parks and Recreation" of the Code o~ Ordinances of the City of Denton as amended, amending Section 15-6 by prohibiting certain motorized vessels on City park bodies of water. (The Park Board recommended approval). The following ordinance was considered: NO. 89-013 AN ORDINANCE AMENDING CHAPTER 15 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON AS AMENDED, AMENDING SECTION 15-6 BY PROHIBITING THE TAKING OF AQUATIC LIFE FROM PARK WATERS BY CERTAIN MEANS; PROHIBITING CERTAIN MOTORIZED VESSELS ON CITY PARK BODIES OF WATER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A MAXIMUM PENALTY IN THE AMOUNT OF $500.00 THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Tickner, Superintendent of Parks, stated that there was a growing problem with motorized vehicles on City lakes, especially at North Lakes. People were using jet skis on the lake as well as model boats. This caused a problem with the area fishermen and posed a potential safety hazard. The ordinance would prohibit internal combustion engines. Hopkins motioned, McAdams 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. E. The Council considered adoption of an ordinance awarding a contract to Coopers and Lybrand to conduct a managerial study and actuarial audit for the City of Denton Health Insurance Fund. The following ordinance was considered: NO. 89-014 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH COOPERS & LYBRAND TO CONDUCT A COMPREHENSIVE STUDY OF THE CITY'S EMPLOYEE INSURANCE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 393 394 City of Denton City Council Minutes January 17, 1989 Page 11 Mayor Stephens left the meeting. McAdams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye.." Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the execution of a contract between the City of Denton and the United States Army Corps of Engineers for access and site activities on the hydropower project at Lewisville Lake. (The Public Utilities Board recommended approval). The following ordinance was considered: NO. 89-015 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF DENTON AND THE UNITED STATES ARMY CORPS OF ENGINEERS FOR ACCESS AND SITE ACTIVITIES ON THE HYDROPOWER PROJECT AT LEWISVILLE LAKE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Boyd left the meeting. Bob Nelson, Executive Director for Utilities, stated the Corps needed to review all plans and drawings prior to the actual construction of the hydroelectric plant on Lake Lewisville so that all of the work done conforms to federal regulations. Ayer motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,' and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving supplemental agreement No. 2 between the cities of Dallas and Denton; authorizing the mayor to execute the agreement; approving the expenditure of funds therefor. The following ordinance was considered: NO. 89-016 AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO. 2 BETWEEN THE CITIES OF DALLAS AND DENTON; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes January 17, 1989 Page 12 Bob Nelson, Executive Director for Utilities, stated that this agreement was for the Ray Roberts project. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye, "Gorton "aye," Ayer "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. 9. Resolutions A. The Council considered approval of a supporting legislation to create a regional wastewater system for Denton County. (The Public Board recommended approval). resolution water and Utilities Lloyd Harrell, City Manager, stated that the resolution as drafted followed the Council's instructions in that previous amendments desired by the Council had been incorporated into the legislation. The resolution was drafted giving the City of Denton endorsement to the legislation contingent upon certain essential amendments being incorporated into the legislation. There were three other items that the Council strongly recommended be included in the legislation. The resolution does not join the City into the agency at this point but merely put the City on record as to its stance regarding the proposed legislation. Council Member Alexander stated that approval would be contingent upon that language being acceptable to Council and Council would still have the opportunity to review at even a later point, that particular language. Mayor Pro Tem Hopkins asked if the legislation would come back to the Council. Bob Nelson, Executive Director for Utilities, stated that the .legislation could come back to the Council to be certain that the wording was clarified as Council desired. Council Member McAdams felt that it was important to recognize that because the resolution might be passed, it did not mean automatic participation by the City of Denton. Mayor Pro Tem Hopkins asked if anyone on the state level had talked to the Texas Water Commission. Nelson replied that officials on the Water Development Board had been contacted but not the Commission itself. He was sure that the Commission would review the legislation. 395 396 City of Denton City Council Minutes January 17, 1989 Page 13 .RESOLUTION NO. R89-003 A RESOLUTION SUPPORTING LEGISLATION TO CREATE AN UPPER TRINITY REGIONAL WATER DISTRICT FOR DENTON COUNTY, AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," and Mayor Pro Tem Hopkins "nay." Motion carried with a 4-1 vote. B. The Council considered approval of a resolution designating certain city officials as being responsible for, acting for, and on behalf of the City of Denton in dealing with the Texas Parks and Wildlife Department for the purpose of participating in the Land and Water Conservation Fund Act of 1965; and certifying that the City of Denton is eligible to receive assistance under such program. (The Parks Board recommended approval). The following resolution was considered: RESOLUTION NO. R89-00~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY OF DENTON IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM: AND PROVIDING FOR AN EFFECTIVE DATE. Bob Tickner, Superintendent of Parks, stated that this was authorization for a request for a grant application for Denia Park. McAdams motioned, Gorton seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. C. The Council considered approval of a resolution setting a date, time and place for public hearings on the proposed annexation by the City of Denton, Texas of certain property located along the Elm Fork of the Trinity River. (A-58). City of Denton City Council Minutes January 17, 1989 Page 14 The following resolution was considered: RESOLUTION NO. R89-005 A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION BY THE CITY OF DENTON, TEXAS OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. Cecile Carson, Urban Planner, stated that this annexation would continue the 1000' strip of annexation to the dam. The annexation would start with a 1000' strip but staff had contacted property owners requesting a voluntary 100' strip annexation. The public hearings would be February 7 and 21, 1989 with institution on March 16. Ayer motioned, McAdams seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. D. The Council considered approval of a resolution endorsing the reinstitution of passenger rail service through Denton County. The following resolution was considered: RESOLUTION NO. R89-006 A RESOLUTION SUPPORTING THE REINSTITUTION OF PASSENGER RAIL SERVICE AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. Mayor Stephens returned to the meeting. E. The Council considered approval of a resolution supporting the extension and the Instrument Landing System (ILS) at the Fort Worth Alliance Airport. Rick Svehla, Deputy City Manager, stated that this was a request from the Perot Group for support for their extension of a runway. The Airport Board reviewed the request and was very concerned about Denton's airspace. Because of that the Board felt that it could not pass a resolution~ The Board could not pass a resolution until it received assurances from the F.A.A. that Denton's airspace would not be violated. The Perot Group asked staff to bring something, to the Council with conditional support. 397 398 City of Denton City Council Minutes January 17, 1989 Page 15 Council Member McAdams stated that she had a concern with the wording of the resolution as the conditional support for the resolution was not noted until the bottom of the resolution. She was not sure that a separate cover letter which might become separated from the resolution would be sufficient. Mayor Stephens asked Robyn White, Perot Group if a letter from the Group had been sent yet stating that it was not the intention of the airport extension to infringe on Denton's airspace. White replied not that she was aware of. David Arno, Chair-Airport Advisory Board, stated that an addition of a letter from Denton to the F.A.A. expressing Denton's concern was most appropriate. RESOLUTION NO. R89-007 A CONDITIONAL RESOLUTION OF THE CITY OF DENTON SUPPORTING THE EXTENSION AND THE INSTRUMENT LANDING SYSTEM (ILS) AT THE FORT WORTH ALLIANCE AIRPORT; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, McAdams seconded to approve the resolution but only if the resolution itself was stamped at the top in red "conditional" so that if the accompanying letter were removed, it would still be clear that the resolution was conditional. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered approval of a resolution supporting the establishment of a Jones Farm Living History Center. The following resolution was considered: RESOLUTION NO. R89-008 A RESOLUTION SUPPORTING THE ESTABLISHMENT OF A JONES FARM LIVING HISTORY CENTER AT JOHNSON BRANCH PARK ON RAY ROBERTS LAKE AND PROVIDING AN EFFECTIVE DATE. Mike Cochran, Historical Society of Denton, requested support from the Council for passage of the resolution. Lloyd Harrell, City Manager, stated that Bob Nelson, Executive Director of Utilities, had raised a concern that because the site was located within one of the boundaries of the parks on Lake Ray Roberts that the Cities of Dallas and Denton might become responsible for some of the capital expenditures of the park. City of Denton City Council Minutes January 17, 1989 Page 16 Cochran stated that it was his understanding that the group did not want to put any financial burden on the City of Denton. McAdams motioned, Alexander seconded to approve the resolution. Gorton motioned, Ayer seconded to amend the main motion to insert "moral" before support in the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council then voted on the main motion as amended. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered approval of a resolution approving an agreement between the City of Denton and the Denton Independent School District for a joint election. The following resolution was considered: RESOLUTION NO. R89-009 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR A JOINT ELECTION; AND PROVIDING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that this was the same contract as last year except that one voting place had been changed. The new Martin Luther King, Jr. Recreation Center would be used in District 1 this year. Hopkins motioned, Gorton seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. 10. The Council considered approval of a 43' tower extension for KJZY - FM 99.1 and direct staff to advise the F.A.A. (The Airport Advisory Board recommended denial). Rick Svehla, Deputy City Manager, stated that .the Airport Advisory Board received communications from the T.A.C suggesting that Denton opposed the extension because it would extend into Denton's ILS. The Board concurred with the T.A.C. and recommended denial. 399 400 City of Denton City Council Minutes January 17, 1989 Page 17 Hopkins motioned, McAdams seconded to deny the request. Motion carried unanimously. 11. Miscellaneous matters from the City Manager. City Manager Harrell presented the following items for Council: A. The December budget recap was presented in the agenda back-up. John McGrane stated that word had been received from the rating agencies that Denton had kept its same bond rating but that it was very close to being upgraded to a double A. The State of Texas economy had kept the City from receiving that rating. B. Update on Lone Star GaS Gate Rate Filing (Energy Partnership). McGrane stated that the City of Denton had been requested to intervene on a gate rate case that Lone Start Gas had applied for. It was their energy partnership program. Lone Star would like to raise $4.5 million by adding approximately 3.5C/million cubic feet of gas usage on all Lone Star Gas customers including the City itself. There were 15 cities who had intervened in the case. Staff was not recommending that the City intervene in the case at this time. The reason for not recommending intervention was that the City was in sensitive negotiations with Lone Star for long term contracts. Also the City did not want to appear to not be in support of energy conservation which the energy partnership program did. Consensus of the Council was agreement with no intervention at that time. 12. There was no Executive Session held during the Work Session. 13. New Business There were not items of New Business suggested by Council Members for future agendas. The Council returned to Item #4. on the Work Session. 4. The Council considered proposed revisions to Article 17, Signs, of Appendix B, Zoning, of the Code of Ordinances. Council Member Boyd returned to the meeting. Cecile Carson, Urban Planner, showed a slide presentation of the recommended changes. She reviewed the changes to the proposed ordinance since the last study session. Those changes included size of signs on all streets except for Loop 288 and I35, sign materials that could be used, suggested sizes of signs on I35 and wind devices. City of Denton City Council Minutes January 17, 1989 Page 18 Council held a discussion on portable signs that included life expectancy of portable signs, the tagging of the signs after the permit was approved, repair of the portable signs and power to enforce repairs. Council also discussed political signs regarding placement, compliance with the ordinance and the ability to enforce the ordinance. A discussion also took place regarding the percentage of plastic for the signs. Consensus of the Council was to place the ordinance on the February 7th agenda for consideration. 14. The Council did not meet in Executive Session. With no further business the meeting was adjourned at 10:44 p.m. RAY STE~E~NS, ~AYOR CITY OF~ DENTON, TEXAS ~TITY S ~.CRETARY CITY OF DENTON, TEXAS 401 3038C