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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. 478 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. 479 480 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. 481 482 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. 483 484 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