Minutes April 18, 1989CITY OF DENTON CITY COUNCIL MINUTES
APRIL 18, 1989
477
The Council convened into the Work Session at 5:30 p.m. in the
Civil Defense Room.
PRESENT:
Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Ayer, Boyd, Gorton and McAdams.
ABSENT: None
Prior to the start of the Work Session, Council participated in
a demonstration of the Automatic Sprinkler System - Texas A & M
University Extension System - Fire Training School Division.
1. Council held a joint meeting with the Airport Advisory
Board to discuss various matters at the Municipal Airport.
Dave Arno, Chairman-Airport Advisory Board, 'stated that the
Board needed a good understanding of what Council wanted the
Board to do. The Board considered the airport a major recourse
for Denton. He presented an overview of what the airport was
doing and where it was going. He stated that the airport had a
direct and indirect value to the City of Denton. Arno also
presented operating costs for the airport, revenues vs.
expenditures and a comparison survey of area airports.
Discussion was held in regards to debt service for the airPOrt,
the figures used in the report, and the inclusion of
school/county taxes in the reported figures.
Arno concluded with letters from Denton Health Services and
Hulcher Services, Inc., regarding the value of the airport to
their businesses.
2. Council considered a Complete Count Committee for the
1990 Census.
Frank Robbins, Executive Director for Planning, presented an
overview of the census program and introduced Beverly Childs
from the U. S. Census Bureau.
Beverly Childs, U. $. Census Bureau, presented an overview of
the program which included an awareness campaign which focused
on those individuals who had not returned a census
questionnaire in the past. Childs was asking the City to
appoint a committee and a staff liaison to work with the census
people.
Consensus of the Council was to designate Harry Persuad as
staff liaison and to begin work on appointment of a broad-based
neighborhood committee.
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City of Denton City Council Minutes
April 18, 1989
Page 2
The Council considered Item ~4.
4. The Council reviewed the rules and procedures utilized
in the City of Denton recreation centers.
Carl Anderson, Chairman - Parks and Recreation Board, stated
that the Board had studied the rules and procedures for the
recreation centers and recommended that the deposit requirement
be dropped for non-profit groups and to also make sure that
groups were aware of the co-sponsorship available with the City
to help pay for the rent of the facility. Groups trying to
rent meeting rooms at the Martin Luther Kings, Jr. Recreation
Center had encountered difficulty with some of the
regulations. The MLK Advisory Board had reviewed the criteria
for deposits and rate of rent.
Council Member Boyd asked if a formally organized non-profit
status would be too restrictive.
Anderson replied that the status would not be restricted only
to 501C3 groups.
Council Member McAdams stated that the Council needed to .look
at what to do with the Center and what to do with future
Centers. Most neighborhood groups were not legally organized
non-profit groups. The paperwork involved to rent the facility
was too long with time restraints on when the paperwork could
be done. Work needed to be done on the wording regarding
regulations such as advanced reser'vations and clean-up.
Mayor Pro Tem Hopkins stated that new rules, adjustments, had
been made to the regulations and felt that it would be helpful
to wait 6 weeks and see if the new adjustments were adequate.
Council returned to the regular agenda order.
3. The Council considered a proposal from the Domino Club
regarding a lease proposal of a facility.
Lloyd Harrell, City Manager, stated that the Domino Club and
the Food Bank had been located in the Razor Building as a
cooperative effort between the City of Denton and Denton
County. With the renovation of the Razor Building, those
~roup~ had to relocate. The County had provided space for the
groups in another location, however, the Domino Club felt it
did not have enough room for their operation. The Club had
located space at Mack Center and the First State Bank had
agreed to lease the space at a reasonable rate. The Club was
asking the City. to pay the rent and the utilities at the
location until the Senior Center renovations were complete.
The County would assume the utility expenses for the Food Bank.
City of Denton City Council Minutes
April 18, 1989
Page 3
Carl Anderson, Chairman - Parks and Recreation Board, stated
that the Board agreed with the Domino Club for a one year lease
with the Club then moving to the Senior Center.
Mayor Pro Tem Hopkins stated that she did not want this to be a
permanent solution.
City Manager Harrell stated that the City would be responsible
only for the rent and utilities and not for any modifications
to the property.
Debra Drayovitch, City Attorney, stated that her department was
determining the legal status for the City to pay the rent on
the building.
Mayor Pro Tem Hopkins stated that she would like a legal
opinion before making any commitment.
Les Holland, representing the Domino Club, stated that he did
not know how long the Bank would hold the property for them to
lease without a firm commitment.
Consensus of the Council was to proceed provided it was legally
correct to do so. Council Member McAdams stated that she was
opposed to proceeding until some type of. policy was
determined. Mayor Pro Tem Hopkins did not want to proceed
until a legal opinion was determined.
5. The Council considered a report concerning budget
priorities as determined by the City Council questionnaire.
This item was not considered during the Work Session.
6. 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 Council considered Item #2.
2. The Council considered approval of a resolution of
appreciation to Clifford Luster.
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City of Denton City Council Minutes
April 18, 1989
Page 4
The following resolution was considered:
NO. R89-030
RESOLUTION IN APPRECIATION TO CLIFFORD LUSTER
Gorton motioned, Hopkins 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.
The Mayor then presented a proclamation for Fair Housing Month.
The Council returned to the regular agenda order.
1. The Council considered approval of the minutes of the
regular meetings of February 21, 1989 and March 7, 1989; the
special called meeting of March 16, 1989; the regular meeting
of March 21, 1989; and the work session of March 28, 1989.
Council Member Ayer noted a wording correction in the minutes
of March 7, 1989.
Hopkins motioned, Gorton seconded to approve the minutes as
corrected. Motion carried unanimously.
3. Consent Agenda
Ayer motioned, Gorton seconded to approve the Consent Agenda as
presented. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid ~9969 - Electrical Wire and PVC Conduit
2. Bid #9965 - Capacitors & Racks
3. P.O. #89802 - Environmental Improvements Inc.
B. Tax Refunds
1. Considered approval of a tax refund for
Colonial Savings - $537.11
2. Considered approval of a tax refund for
Gifford-Hill & Co. Inc. - $697.22
City of Denton City Council Minutes
April 18, 1989
Page 5
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. 89-050
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, Hopkins 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
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. 89-051
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.
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.
C. The Council considered adoption of an ordinance
annexing 134.9097 acres along the Elm Fork of the Trinity River
(A-58).
Cecile Carson, Urban Planner, stated that this was a final
annexation for this area. All of the reply forms for the
individual property owners had been received but had received
nothing from the Corps of Engineers. The Corps property would
remain at 1000' while the individual property would be at
100' This annexation would complete the process to the dam at
Lake Ray Roberts.
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City of Denton City Council Minutes
April 18, 1989
Page 6
The following ordinance was considered:
NO. 89-052
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 134.9097 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE M. MCBRIDE SURVEY, ABSTRACT NO. 804,
W. TANZY SURVEY, ABSTRACT NO. 1253, DENTON COUNTY,
TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A"
DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE.
Hopkins 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.
D. The Council considered adoption of an ordinance
awarding a contract to Mercer, Meidinger, Hansen to conduct a
comprehensive study and re-evaluation of the City of Denton's
Compensation/Classification Program.
Lloyd Harrell, City Manager, stated that this was a
comprehensive review of the compensation/classification
program. This ordinance would begin the process.
Tom Klinck, Personnel Director, reviewed the history of the
proposal and the bids. He was projecting a completion date of
May 1990 to be used for the 1990-91 budget.
Council Member Ayer asked why this contractor was selected over
Arthur Young which had submitted a lower bid.
Klinck stated that there were three basic reasons; (1)
experience with the specific positions and functions within the
City of Denton, (2) the people working on the project had been
with the firm for a long time while some of the original people
the City had worked with from Arthur Young had since left, and
(3) the expenses would be less with this firm than with Arthur
Young since the Young people would have to fly back and forth
from Tulsa while the others were locally based.
Council Member Boyd asked how severable Phases III and IV were.
Klinck stated that if it was determined not to go ahead with
those phases, the basic information would be available for the
future when funding was available. Continuity was needed for
each phase to maintain go~d
City of Denton City Council Minutes
April 18, 1989
Page 7
Council held a discussion regarding payment of Phases III and
IV. Concern was expressed as to why the ordinance reflected
the full amount of the study when at this time only a part of
the study had been budgeted.
The following ordinance was considered:
NO. 89-053
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND
MERCER MEIDINGER HANSEN FOR CONSULTING SERVICES FOR
THE REVISION OF THE CITY'S COMPENSATION PLAN;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Alexander to adopt the ordinance with the
following change: "the City Council authorized the expenditure
of funds not to exceed $55,700. 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
authorizing the execution of a contract between the City of
Denton and North American Life Assurance Company for long term
disability coverage
The following ordinance was considered:
NO. 89-054
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT
BETWEEN THE CITY OF DENTON AND NORTH AMERICAN LIFE
ASSURANCE COMPANY FOR LONG TERM DISABILITY COVERAGE;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Alexander 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.
5. Resolutions
A. The Council considered approval of a resolution
approving a lease agreement between the City of Denton and Dr.
J. R. Almand.
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City of Denton City Council Minutes
April 18, 1989
Page 8
The following resolution was considered:
NO. R89-031
A RESOLUTION APPROVING A LEASE BETWEEN THE CITY OF
DENTON AND J. R. ALMANDt M.D. FOR PROPERTY LOCATED AT
THE CITY OF DENTON MUNICIPAL AIRPORT, DENTON, TEXAS
AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Alexander 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.
Miscellaneous matters from the City Manager.
A. Council considered Work Session Item #5. City
Manager Harrell asked Council if there were any items listed on
the questionnaire that needed further clarification or that did
not adequately express priorities.
Council Member Gorton asked for true statistics ~in regards to
the actual number of programs published in the quarterly
bulletin versus the number of programs that actually made and a
time line in regards to park expansion.
City Manager Harrell asked for a clarification of the
transportation planning - mass transit item. There was a wide
variance in the scores. Staff was using the term "mass
transportation planning" to working closely with SPAN for
limited van/bus service for the City. The term was not meant
as a major mass transit operation with other cities.
B. The indigent health care bill would be in a
Senate hearing on Thursday, April 20.
7. The Council did not meet in Executive Session during
the Work Session.
8. New Business
The following items of new business were suggested by Council
Members:
A. Mayor Pro Tem Hopkins asked for a review of the
noise ordinance relative to the measuring of dB's for
loudness. She also asked for a report on when Willowood would
be receiving some type of road work.
City of Denton City Council Minutes
April 18, 1989
Page 9
B. Council Member McAdams asked for further
information concerning proposed annexation legislation
currently in progress in Austin and when work would be done on
the potholes on Mesa.
C. Council Member Boyd stated Ferguson Street was in
need of repair due to potholes.
D. Council Member Ayer asked to review the policy
relative to alcoholic beverages in City parks and requested a
survey of area communities in regards to this issue.
9. The Council convened into Executive Session to discuss
legal matters (considered settlement of Cause No. 88-2563-C;
David Wayne Hood and Patti Hood vs. James Lewis Barns~
Individually and Claude D. Fisher Distributing), real estate,
and personnel and board appointments (considered appointments
to the Main Street Advisory Board).
The Council reconvened into open session and took the following
action:
A. Boyd motioned, Ayer
settlement of ~24,000 in Cause No.
unanimously.
seconded to accept the
88-2563-C. Motion carried
B. Gorton motioned, Hopkins seconded to approve Jim
Alexander as Denton's voting representative to the NCTCOG
Board. Motion carried unanimously.
Co
Alexander to
unanimously.
Gorton motioned, Hopkins seconded to nominate Jim
the NCTCOG Executive Board. Motion carried
With no further business, the meeting was adjourned at 9:58 p.m.
485
~ITY SS'CRETARY
CITY OF DENTONv TEXAS
3078C