Minutes January 02, 1990331
CITY OF DENTON CITY COUNCIL MINUTES
January 2, 1990
The Council convened into the Work Session at 5:30 p.m. in the
Civil Defense Room.
PRESENT:
ABSENT:
Mayor Stephens; Mayor Pro Tem Ayer; Council
Members Alexander, Gorton, Hopkins and McAdams.
Council Member Boyd
5:15 p.m.
1. The Council convened into Executive Session to discuss
legal matters, real estate, personnel/board appointments.
Council Member Boyd joined the meeting.
The Council convened into open session.
5:30 p.m.
1. The Council received a briefing on and discussed-
proposed revisions to the contracts for hotel/motel occupancy
tax recipients and the hotel tax ordinance.
Debra Drayovitch, City Attorney, summarized her report from the
last meeting. The Council Committee was recommending that the
City have contracts with each of the entities that received
hotel tax revenue. Those contracts would include the Denton
Chamber of Commerce, 3% for convention/tourism; the North Texas
Fair ASSociation, 1% for convention/tourism; the Greater Denton
Arts Council, 1% for the arts; the Greater Denton Arts Council,
1% for renovation of City building; the Denton County
Historical Museum, .88% for historic purposes; and the Denton
County Historical Foundation, .12% for historical purposes. Of
the ten recommendations from the Council Committee, seven were
state mandated.. The recommendations mandated by the State
included (1) a definition of hotel tax revenue, excluding
expenses incurred by the City in enforcing collection of
revenues, the expense of necessary audits, and any collection
reimbursement costs paid to hotels as authorized by statute and
eliminated the provision allowing the City to receive 1% or
actual expense to cover administrative costs, (2) added a
statutory provision that hotel tax revenue may be spent for
administrative costs only if they are "incurred directly" in
performing authorized activities, (3) added a statutory
provision that if the recipient performed other activities for
which hotel tax revenue cannot be spent, the administrative
costs shall be allocated accordingly, (4) added a statutory
provision that revenue may not be spent for travel unrelated to
an authorized activity of job performance, (5) added a
statutory provision that the agency submit and Council approve
in advance the annual budget, (6) added a statutory provision
that approval of an agency's annual budget created a fiduciary
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City of Denton City Council Minutes
January 2, 1990
Page 2
duty with respect to the funds received, and (7)~~. added a
statutory provision requiring an agency to maintain a separate
account for the funds received and prohibited commingling with
other funds. Recommendations from the Committee included (1) a
cap on the amount of hotel tax revenue to be paid, (2) a
provision that the City Manager or his designee be given notice
of the meetings of the governing bodies of recipients, and that
those meetings be open to the City Manager or his designee, and
(3) that the agency would promptly respond to any request from
the City Manager for additional information relating to
activities performed under the agreement.
Council Member Boyd asked about provisions for the audit of
hotels.
Council Member Alexander replied that the best situation would
be to perform an audit at any time and charge the fee back to
the entity. However, there might be legal conditions that
would affect an audit of the hotel.
City Attorney Drayovitch confirmed that there were legal-
provisions for the auditing of hotels/motels.
Council Member McAdams inquired about how the "cap" would be
incorporated into the current contract.
Council Member Alexander replied that possible wording of the
contract would read "the recipient shall receive % or
dollars whichever was less". The "cap" would b-~set at a
figure above the current budget so there would not be an impact ~
on the entities budgets for several years.
Mayor Pro Tem Ayer asked if the "cap" would prohibit
renegotiating the contract.
Council Member Alexander replied no that the contract could
always be renegotiated.
Council Member McAdams was concerned that the "cap" might limit
certain groups too much as they were not able to combine
efforts with other groups receiving funds.
Council Member Alexander replied that new priorities could be
set based on the allocations. If a surplus developed, the
Council could grant special allocations for special projects.
Council Member Hopkins asked if the idea of using excess funds
for City work projects had been ruled out or was not legally
possible.
City of Denton City Council Minutes
January 2, 1990
Page 3
Council Member Gorton replied that that was still a possibility.
Council Member McAdams stated that she was not at all
comfortable with a "cap" on the funds and felt that it would
severely limit some entities in a few years.
Council then held a lengthy discussion involving whether to set
a "cap", the possible amount of the "cap" and whether the "cap"
should be set on an individual basis or set for.all entities.
Mayor Stephens stated that the purpose of the "cap" as he saw
it was that there might be other places that needed funding
with the Laylor funds but there were none available as they
were all allocated. A "cap" could be placed so. extra funds
might one day be possible.
Consensus of the Council was to visit with each recipient to
discuss contract revisions, the-impact of a possible "cap" and
what the agency might do if a shortfall or a windfall occurred.
2. The Council received a report
waste charges and commercial/industrial
license fee.
and considered solid
solid waste haulers
Lloyd Harrell, City Manager, stated that before a permanent
decision was made on the commercial solid waste service, the
Council had requested specifications and bids for exclusive and
non-exclusive arrangements with private haulers. That process
would take approximately 4-5 months. An interim problem was
that the solid waste budget would be $106,000 out of balance.
The Council had suggested a reasonable license fee for all
commercial haulers in the City and a small rate increase to
off-set the budget problem. The City currently allocated funds
from the solid waste budget for such projects as
beautification, mosquito control, and recycling. Upon
analysis, an 8% license fee would generate approximately
$54,000 for the rest of the budget year, and a small rate
increase would provide the rest of the shortfall.
Mayor stephens asked about the reaction of the private haulers.
City Manager Harrell replied that the two major haulers had
been contacted and that the 8% figure was high. They would be
more comfortable with a lower number but that they recognized
the budget problem and felt that the 8% was a reasonable charge.
Mayor Stephens asked how the increased rate would compare with
the rates of the private haulers.
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City of Denton City Council Minutes
January 2, 1990
Page 4
Bill Angelo, Director-Community Services, replied that it was
difficult to answer in that they did not have the exact figures
of the two haulers. He felt that Waste Management .would be a
bit higher than the new City rates.
Item #6 was considered.
6. The Council received
sweeping alternatives.
a report and considered street
Bill Angelo, Director-Community Services, Stated that the
original intent was to purchase a new sweeper and hire a new
sweeper employee. After investigating the possibility of
contracting out for the City's street sweeping services, it was
determined that the City would enhance its service with a
private contractor while reducing costs. Staff was
recommending a dual approach by utilizing the funding of the
new sweeper and sweeper operator which was included in the
1989-90 budget to contract out for the sweeping of the major
streets and arterials. Additionally, the City would maintain
its existing sweeper and operator to cover special requests,-
complaints, residential street sweeping, and the increase
sweeping activities for areas like the Square.
Council Member McAdams asked about the frequency of the
contracted sweeping.
Angelo replied that 100% of the major streets would be done on
a monthly basis while the present City crew could only do 74%.
Mayor Pro Tem Ayer asked why a private company could do the
same sweeping for less than the City.
Angelo replied that that was the only business the company
did. It had many other cities it did the sweeping for and
could spread the cost over all those cities. It also had more
equipment and could do the job quicker than the City.
Council Member Boyd asked if a new sweeper were bought, would
the City be able to do a better job than an outside source.
Angelo replied that the City could do 800 curb miles while a
private company could be 1080 curb miles for less money.
City Manager Harrell stated that with the service contracted
out, more streets could be swept on a more regular basis.
Consensus of the Council was to proceed with the bid process.
City of Denton City Council Minutes
January 2, 1990
Page 5
Agenda items #3, #4, and #5 were not considered 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 Ayer; Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams.
ABSENT: None
Mayor Stephens informed the Council that Consent Agenda items
1.A.3. and 1.A.5. had been pulled by staff. Ordinance 2.B.
would also be pulled as it would have implemented one of the
pulled Consent Agenda items.
Consent Agenda
Gorton motioned, McAdams seconded to approve the Consent Agenda_
as amended. Motion carried unanimously.
Bids and Purchase Orders:
1. Bid #1021 - Padmount Switchgear
Bid #1052 - Printing of Parks and Recreation
Brochures
Be
4. Bid #1050 - Ball Field Lighting-Denia Park
Plats
2. Ordinances
Preliminary plat of the Hartlee Field
Addition, LOtS 1-6, Block A; LOtS 1-4, Block
B; LOtS 1-5, Block C; LOt 1, Block D and LOt
1, Block E. (The Planning and Zoning
Commission recommended approval)
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:
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City of Denton city Council Minutes
January 2, 1990
Page 6
NO. 90-001
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. Item B. was pulled by staff.
C. 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. (Bid #1036 - Fire Department Uniforms)
Lloyd Harrell, City Manager, stated that this item was not on
the Consent Agenda as it was not the low bid. There had been
quality problems with the low bidder and staff was recommending
approval of the second low bidder.
The following ordinance was considered:
NO. 90-002
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.
D. The Council considered adoption of an ordinance
establishing a license requirement and fee for private
commercial solid waste haulers.
Bill Angelo, Director-Community Services, stated that there
were three errors in the ordinance which had been corrected.
They dealt with a change from an indicated Chapter 15 to
Chapter 12 and a fee of $50 per year for temporary hauling
instead of $50 per time.
City of Denton City Council Minutes
January 2, 1990
Page 7
The following ordinance was considered:
NO. 90-003
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING
SECTIONS 12-23 (PERMIT REQUIRED FOR PRIVATE HAULERS OF
GARBAGE, TRASH OR RUBBISH) AND 12-24 (VEHICLES USED BY
PRIVATE HAULERS, REQUIREMENTS; CLASSES) OF THE CODE OF
ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF FIVE HUNDRED DOLLARS ($500.00); AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance as
amended. On roi1 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
establishing rates for residential and commercial sanitation
collection services as authorized by Chapter 12 of the Code of
Ordinances of the City of Denton.
Bill Angelo, Director-Community Services, stated that there was
one minor change in the ordinance which was to add to the rate
per 30 days 'per cubic yard per week".
The following ordinance was considered:
NO. 90-004
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES
FOR RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION
SERVICES AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR
AN EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to adopt the ordinance as
amended. On roll vote, McAdams 'aye,' Alexander "aye," Hopkins
"ayev' Gorton 'ayev" Ayer "ayes" Boyd 'ayes" and Mayor Stephens
'aye.' Motion carried unanimously.
F. The Council considered adoption of an ordinance
repealing Ordinance 89-188 to provide for rescission of the
taxation of property otherwise exempt under Article VIII,
Section l-j, Texas Constitution beginning with the 1991 tax
year.
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City of Denton City Council Minutes
January 2, 1990
Page 8
The following ordinance was considered:
NO. 90-005
AN ORDINANCE REPEALING ORDINANCE NO. 89-188t TO
PROVIDE FOR RESCISSION OF THE TAXATION OF PROPERTY
OTHERWISE EXEMPT UNDER ARTICLE VIII, SECTION l-j,
TEXAS CONSTITUTION, BEGINNING WITH THE 1991 TAX YEAR;
AND DECLARING 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.
G. The Council considered approval of an ordinance
authorizing the Mayor to execute Amendment Number One to the
agreement with the City of Denton and Freese and Nichols, Inc.
for professional engineering services for improvements to the
Denton Municipal Airport. (The Airport Board recommended
approval).
The following ordinance was considered:
NO. 90-006
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NUMBER ONE TO THE AGREEMENT WITH THE CITY OF
DENTON AND FREESE AND NICHOLS, INC. FOR PROFESSIONAL
ENGINEERING SERVICES FOR IMPROVEMENTS TO DENTON
MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Alexander 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.
®
Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, did not have any items for Council.
4. There was no official action taken during the. Work
Session Executive Session.
5. New Business
There were no new items of business suggested by Council
Members for future agendas.
City of Denton City Council Minutes
January 2, 1990
Page 9
6. The Council did not meet in Executive Session during
the Regular Session.
The Council returned to the Civil Defense Room to continue the
Work Session items.
The Council reviewed Council rules and procedures.
city Attorney Debra Drayovitch, presented the draft document
and stated that there were three main categories of changes -
policy issues such as proclamations and work shops, statutory
changes made by changes in state law and terminology for
council members.
Council then reviewed the proposed changes with the following
comments.
(1) It was decided that the terminology should be changed to
"presiding officer" and "council member" throughout the
document.
(2) Council Member McAdams requested the section on code of
conduct be rewritten regarding refusing to obey the ordess of
the Mayor or presiding officer.
(3) In a discussion regarding work sessions, City Attorney
Drayovitch stated that the document had been written with the
wording of "informational and no formal action shall be
taken". Council debated the definition of "formal action",
"final action" and "take action on".
Council Member McAdams felt that the wording should be such
that if formal action was necessary during a work session, the
Council would be able to take such action.
Council took a brief recess from the agenda to recognize Boy
Scout Troop 468 attending the meeting.
Continuing with the City Attorney's briefing, the Council
reviewed sections dealing with proclamations, voting, and rules
of procedures for board/commission members.
Council Member Alexander requested a report on recommending
policy for board/commissions and the possibility of relaxing
requirements for some of the boards/commissions.
The Council received an update on Council goals.
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City of Denton City Council Minutes
January 2, 1990
Page 10
City Manager Harrell stated that this was a mid-yea~, briefing
on Council goals.
Jesus Nava, Assistant to the City Manager, presented the major
highlights from selected goal areas. (1) Analyze Development
Process - institute a Development Review Committee case
follow-up program; (2) Downtown Development - establish a Main
Street executive committee and additional committees' to address
specific issues of promotions, economic development, design,
parking and consumer traffic; (3) Energy Issues - efficient
lighting systems, utilization of offices,
weatherization/insulation, monitoring energy use, heating/air
conditioning, building codes, traffic pattern/street designs;
(4) City Beautification - apply for "Governor's Achievement
Award", prepare landscape or improvement plans for entranceways
and other right-of-way areas, (5) Financing Operations -
present budget calendar as working document; (6) Improve City
Image - examine the establishment of more convenient hours for
Customer Service, ensure City employees are sensitive to
citizen's perceptions, counseling/professional development_
sessions; (7) Interlocal/Intergovernmental Relations - joint
surplus auctions; (8) Economic Development - serve as advisory
board member for the Small Business Development Center, analyze
and prepare information for freeport exemption,prepare/develop
application for Federal Economic Development Grant, implement
business retention for assistance to local business and
industry, organize and coordinate presentation on Alliance
Airport. Nava then reviewed the objectives and tasks to be
deleted.
Council Member Boyd requested a report on the sensitivity
training program recently completed by the Police and Fire
Departments. He also stated that in the charge for the
Neighborhood Identity goal it should be remembered to improve
the quality of life but to do it according to the
neighborhood's priorities.
Mayor Stephens requested that the Sister City Program be
continued and not deleted from the Economic Development goal.
5. The Council received a report and gave direction
concerning the suggestion to hold neighborhood Council meetings.
Jesus Nava, Assistant to the City Manager, stated that there
were three alternatives to consider: (1) hold quarterly
meetings within each of the four election districts, (2) hold
bimonthly meetings within each of the four election districts
plus the two at-large districts, and (3) hold informal
meetings at various locations as opposed to formal Council
meetings.
City of Denton City Council Minutes
January 2, 1990
Page 11
Council Member Gorton stated that he
informal events in the neighborhoods,
council meetings.
had suggested holding
not necessarily formal
Mayor Pro Tem Ayer stated that he would be in favor of informal
meetings outside the Council Chambers but not formal Council
meetings.
Council Member Hopkins stated that she did not want to change
the formal meeting place. The neighborhood meetings were fine
but that there needed to be definite issues to discuss at the
meetings.
Mayor Stephens invited the Council to attend the PTA meeting at
Sam Houston School, January 18th. The format would be an
informational meeting on current City projects.
With no further business, the meeting was adjourned at 9:57 p.m.
341
C~Y SECRETARY
CITY OF DENTON, TEXAS
3225C