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Minutes January 16, 1990CITY OF DENTON CITY COUNCIL MINUTES JANUARY 16, 1990 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. ~? PRESENT: ABSENT: Mayor Stephens; Mayor Pro Tem Ayef} Council Members Boyd, Gorton, Hopkins and McAdams. Council Member Alexander 5:15 p.m. 1. The Council convened into the Executive Session to discuss legal matters (considered action in Denton County vs. City and In re: Flow Regional Medical Center), real estate, and personnel/board appointments (considered an appointment to the Cable T.V. Advisory Board). 5:45 p.m. The Council then convened into open session. 1. The Council received a presentation of the Management_ Letter by the firm of Deloitte & Touche for the year ending September 30, 1989. George Scott, Deloitte & Touche, stated that all records requested had been made available. There were no material weaknesses in the internal control structure of the City. Certain administrative and operating matters were noted with recommendations for implementation of corrective procedures. Those included (1) Return On Investment - the City should obtain a legal opinion interpreting the intent of the City -- ~charter in regards to the proper application of the return on investment in the Utility Fund; (2) Utility Billing System - an error was noted in the 'dusk to dawn" rate computation logic while immaterial, identified a potential weakness in the review process of the utility rate programs; (3) Audits of the FBO's - the Finance Department should conduct periodic audits of the fixed base operators to provide assurance relating to revenues generated and compliance with contractual agreements; (4) Interdepartmental Coordination - communications and coordination between the Engineering Department and Airport should be stressed by administration with proposed project status meetings or use of project memos; (5) Investment policy - all changes made in policy and procedures should be documented through upaated and approved policy and procedures statements and incorporated into the City's investment policy; (6) Internal Audit - consider establishing an internal audit function; and (7) Accounting Procedures and Issues - perform a complete City-wide fixed asset physical inventory. 345 346 City of Denton City Council Minutes January 16, 1990 Page 2 2. The Council received a Comprehensive Annual Financial Report ending September 30, 1989. presentation ~ of the (audit) for the year John McGrane, Executive Director for Finance, reviewed the various sections of the document. He stated that this was the earliest the audit had been completed and that it Was a very timely and accurate document. 3. The Council held a discussion and considered staff direction concerning proposed amendments to the Building Code regarding energy conservation. Lloyd Harrell, City Manager, stated that members of the Building Code Board were present for discussion. He stated the proposed amendments dealt with energy efficiency as it related to resistance heating. Alfred Green, Chair-Building Code Advisory Board, reviewed the proposed changes to the current ordinance. The proposed changes did not do away with resistance heating but rather- upgraded the quality of new buildings. Isabell Miller, Building Code Board, stated that if the new buildings were built better, there would be no need to do away with resistance heating. Council Member Gorton asked if higher utility bills would be headed off by keeping resistance heating along with implementing the proposed new standards. Bob Nelson, Executive Director for Utilities, replied that in one aspect it would be worse. It would be creating a larger demand for those types of heating units. Gas heat was the more efficient heat with a heat pump being second. Resistance heating was the last resort for heating. Council Member Gorton suggested implementing the standards but keeping track of bills to see how the standards were working. A discussion followed concerning the merits of heat pumps versus resistance heating, whether to require posted notices of average utility bills and the legality of such a requirement and the difficulty of tracking the proposed standards as apartment building was currently so depressed. Consensus of the Council was to have staff amend the proposed ordinance to include wording regarding the posting of average utility bills for apartments. City of Denton City Council Minutes January 16, 1990 Page 3 4. The Council received a report on the Sanus/New ~ork Life Health Insurance Program including results from open enrollment, status of self-funded prescription drug program, and projections of former self-funded health insurance fund. Tom Klinck, Director of Personnel, reviewed the procedure used during open enrollment. He stated that there -were some transition problems but that those had been corrected. Klinck stated that several new doctors had been added to the program and one doctor had been dropped. Upon investigation, it was decided that a prescription drug program for employees would be too costly. The former health insurance program was currently under projected expenses and that the next few months would require very close monitoring to ensure the fund had sufficient fund to handle final 'run-off" activity. Council Member Gorton felt that the numbers listed dealing with doctors contacted was very misleading. He stated that he had personal knowledge that the figures were incorrect. Ken DiBella, Sanus, replied that the figures represented the number of doctors contacted and not the number actually signed up for the program. Council Member McAdams also felt that those figures were misleading. A doctor had been replaced for one that had been dropped not a new doctor addea. She was concerned that the City could not help employees with prescription drugs and felt that the program was adequate but probably could do better. Klinck replied that of the options and alternatives presented, the Sanus program was the best of what the City could get. Council Member Hopkins asked· if an employee had chosen the HMO Only option, could he switch to the Sanus Plus option. Klinck replied only at the next open enrollment. Work Session Item #5 was held for discussion during the Regular 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 Boyd, Gorton, Hopkins and McAdams. ABSENT: Council Member Alexander 347 1. The Council considered approval of a resolution of appreciation for Howard Frank. 348 City of Denton City Council Minutes January 16, 1990 Page 4 The following resolution was considered: NO. R90-001 RESOLUTION OF APPRECIATION FOR HOWARD FRANK Gorton motioned, Ayer seconded to approve the resolution. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance providing for a zoning change from Agricultural (A) to Planned Development District (PD) with respect to 2.468 acres located east of and abutting the 1-35E between Pockrus Page Road and Shady Shores Road. Z-88-023 (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. A1 Lissberger, petitioner, stated his first request had. been for straight commercial zoning. Council had indicated a concern with that type of zoning due to beautification of a City entranceway. Multiple changes had been made and the planned development would be none of the nicest and pre-test developments in a commercial aspect. No one spoke in opposition. The Mayor closed the public hearing. Harry Persuad, Senior Planner, stated that the case first came to Council on August 16, 1989 with straight commercial zoning. The Council had expressed concern with beautification along a City entranceway and had requested the petitioner consider a planned development. Persuad showed slides of the area and reviewed the recommendations from the Planning and Zoning Commission which recommended approval with a 6-0 vote. The following ordinance was considered: City of Denton City Council Minutes January 16, 1990 Page 5 3'4 9 NO. 90-007 AN ORDINANCE OF THE CITY OF DENTONt TEXAS~ PROVIDING FOR A CHANGE FROM AGRICULTURAL "A" TO PLANNED DEVELOPMENT "PD" ZONING DISTRICT CLASSIFICATION FOR 2.473 ACRES OF LAND LOCATED EAST OF AND ABUTTING I35E AND WEST OF THE MKT RAILROAD, BETWEEN POCKRUS PAGE ROAD AND SHADY SHORES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE APPROVAL OF A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. HoPkins motioned, Gorton seconded to adopt the ordinance with the conditions from the Planning and Zoning Commission. Council Member McAdams stated that the conditions from the Planning and Zoning Commission did not list a screening fence. Persuad replied that the screening fence was shown on the planned development detailed plan as a requirement. Council voted on the motion. On roll vote, McAdams ~aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. e Consent Agenda Mayor Stephens requested Item 3.A.7. be held for special consideration. Council Member Gorton asked that 3.A.2. and 3.A.4. be held for special consideration. McAdams motioned, Hopkins seconded to approve the Consent Agenda with the exception of the above items. Motion carried unanimously. A. Bids and Purchase Orders: e Bid #1057 - Personal Computers (The Data Processing Advisory Board recommended approval.) Bid #1045 - Reroof McCormick St. Fire Station 5. RFP #1034 - Medical Director Service 350 City of Denton City Council Minutes January 16, 1990 Page 6 Be 10. RFP #1035 - Engineering/Architectural Service for Fleet Service -: Bid #1042 - Avenue A and Avenue .E paving & Drainage P.O. #94407 - IBM - Software Maintenance (The Data Processing Advisory Board recommended approval.) P.O. #94344 - Computer Associates - Software Maintenance (The Data Processing Advisory Board recommended approval.) Consent Agenda Item 3.A.2. was considered. Council MemDer Gorton was concerned that the bid had previously been awarded and that now the City was going to a different bidder. Tom Shaw, Assistant Purchasing Agent, stated that the original bids had been approved by the Council on December 19, 1989. When the order was placed with the low bidder, the bidder realized that they had not included on their bid the exception that they were bidding yellow pine rather than Douglas fir. At their request, their bid was withdrawn because they did not meet specifications. Gorton motioned, Hopkins seconded to approve Consent Agenda Item 3.A.2. Motion carried unanimously. 2. Bid #1047 - Wooden Transmission Poles Consent Agenda Item 3.A.4. was considered. Council Member Gorton asked why the low bid had not been accepted. Tom Shaw, Assistant Purchasing Agent, stated that the bid was for a hand held meter reading system. The lowest price failed to meet specifications on several items. The lowest price did not fit into the existing system. Gorton motioned, McAdams seconded to approve Consent Agenda Item 3.A.4. Motion carried unanimously. 4. Bid #1044 - Meter Reading System Consent Agenda Item 3.A.7. was considered. City of Denton City Council Minutes January 16, 1990 Page 7 Mayor Stephens stated that there were some questions concerning the capabilities of the proposed system. Did it meet the objectives required by the new system. Lloyd Harrell, City Manager, stated that the Mayor had generated a few more questions concerning the proposal. (1) Had the vendor/consultant verified that outbound call detail for local and long distance would be captured? Long distance only would be captured. (2) What was the monthly recurring charge for off-premise extension lines - City Hall to Denia, City Hall to Airport, outlying fire stations. $1.85 per quarter mile. (3) How many total off-premise lines? Twenty two. Mayor Stephens asked if these were adequate for the City's purposes. City Manager Harrell replied that GTE and the independent consultant who prepared the specifications had verified the accurateness. (4) What was the total monthly charge for offrpremise extension lines? $1.25 per quarter mile. (5) What were alternatives to off-premise extension lines? Putting ,kn own cable with a cost of $3.25 per foot or approximately $50,000. (6) Need clarification from GTE on service technicians in the Denton .area. There were 34 trained technicians in the Metroplex with access time of 45 minutes with 6 in Denton. (7) Would each PBX have D.I.D. and outbound trunking or would it be centrally located? The majority would be at City Hall with backup at each location. Four trunks at the Service Center and two at the Power Plant. (8) HOW long was the marketing agreement between GTE and Northern Telecom? A minimum of ten years, currently in effect since the late 1970's. (9) 1975 vintage architecture of SL-1 - did Northern Telecom have any changes planned that would render the system obsolete in the near future? No. (10) The wait to mid-1990 for I.S.D.N. may be worth it in the long run. An upgrade was planned for mid-1990. (11) If the system were purchased now, could it be upgraded to include enhancements planned for the mid-1990 release and at what cost? Yes, at a maximum of $30,000. (12) Fiber optics was very up-to-date technically and suggest the City have a person who worked with GTE from day one to learn the operation. This was included in the RFP and training was called for in the specifications. (13) What type of maintenance agreement was provided, i.e. from 8-5, etc. and would that be put in writing? GTE guaranteed a two hour response time for a major outage, four hours on a minor outage which was guaranteed in the contract. 351 3.52 City of Denton City Council Minutes January 16, 1990 Page 8 A discussion followed concerning whether to capt,.re local calls. Mayor Stephens felt it might be beneficial to capture such calls in order to prevent employee abuse. Council Members Gorton and McAdams felt that department heads should be able to keep track of calls and that it might place too much on employees with such tight surveillance. Debra Drayovitch, City Attorney, noted that page nine of the contract reflected a four hour response time for major outages. If GTE was going to guarantee a two hour response time, the contract needed to be changed to reflect that. Stephens motioned, Boyd seconded to approve Consent Agenda Item 3.A.7. with an amended page nine. Motion carried unanimously. 7. RFP #1003- Telephone System 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award contracts for the purchase of materials, equipment, supplies or services. (Bid #1044, Bid #1045, Bid #1047, Bid #1057) The following ordinance was considered: NO. 90-008 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. Ayer motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams '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. (Bid #1042) The following ordinance was considered: NO. 90-009 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTORS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes January 16, 1990 Page 9 McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "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 one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids.. (P.O. ~94344, P.O. #94407) The following ordinance was considered: NO. 90-010 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. Ayer motioned, Gorton seconded to adopt the ordinance. On roll voter McAdams "ayev" Hopkins Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Brown Reynolds Watford Company for professional architectural services relating to the design and construction of a Fleet Maintenance Center and authorizing the expenditure of funds therefor. (RFP #1035) The following ordinance was considered: NO. 90-011 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BROWN REYNOLDS WATFORD COMPANY FOR PROFESSIONAL ARCHITECTURAL SERVICES RELATING TO THE DESIGN AND CONSTRUCTION OF A FLEET MAINTENANCE CENTER; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 353 354 City of Denton City Council Minutes January 16, 1990 Page 10 E. The Council considered adoption of an ~ordinance authorizing the City Manager to execute an employment contract between the City of Denton and Randy Park, . M.D. for professional services relating to the City's emergency medical service program. (RFP #1034) The following ordinance was considered: NO. 90-012 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT CONTRACT BETWEEN THE CITY OF DENTON AND RANDY PARK, M.D. FOR PROFESSIONAL SERVICES RELATING TO THE CITY'S EMERGENCY MEDICAL SERVICE PROGRAM; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Hopkins "aye,' Gorton "aye," Ayer "aye,' Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Business Phone Systems, a division of GTE Southwest Incorporated for the purchase of telecommunications equipment. (RFP#1003) The following ordinance was considered: NO. 90-013 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND BUSINESS PHONE SYSTEMS, A DIVISION OF GTE SOUTHWEST INCORPORATED FOR THE PURCHASE OF TELECOMMUNICATIONS EQUIPMENT; AND PROVIDING AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to adopt the ordinance as amended. On roll vote, McAdams "aye,' Hopkins 'aye,' Gorton "aye," Ayer 'aye," Boyd "aye,' and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance authorizing ~h~ Mayor to execute a contrac~ between the City of Denton and the North Texas Umpires Association for officiating softball games for City leagues. The following ordinance was considered: City of Denton City Council Minutes January 16, 1990 Page 11 NO. 90-014 AN ORDINANCE AUTHORIZING THE MAYOR TO - EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRES ASSOCIATION FOR OFFICIATING SOFTBALL GAMES FOR CITY LEAGUES; AND DECLARING AN EFFECTIVE DATE. Gorton motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye,' Hopkins "aye,' Gorton "aye,' Ayer "aye," Boyd "aye," and Mayor Stephens "aye.' Motion carried unanimously. H. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment NO. 1 to the agreement of February 16, 1988 between the City of Denton and Freese and Nichols, Inc., relating to professional engineering services for the detail design phase of the Lake Ray Roberts Water Treatment Plant and authorizing the expenditure of funds therefor. (The Public Utilities Board recommended approval.) Bob. Nelson, Executive Director for Utilities, stated that in February of 1988 the City had entered into a contract_ with Freese and Nichols to do the process design and detailed design of the water treatment plant. The first phase was process design, the second phase was detailed construction design and the last phase was residential project construction. The amended phase was the detailed construction design. Mayor Pro Tem Ayer asked if there was still a possibility that before the construction began, the facility would be expanded to 20 million gallons and how would that affect the design. Nelson replied that the engineers were aware of that possibility. Staff was continuing to work with the upper Trinity Regional Water District who was securing several cities who had expressed an interest to participate. If the major partners such as Lewisville do not commit to the project, a 10 million gallon plant would be satisfactory. The following ordinance was considered: 355 356 City of Denton City Council Minutes January 16, 1990 Page 12 NO. 90-015 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT OF FEBRUARY 16, 1988 BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC, RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR THE DETAIL DESIGN PHASE OF THE LAKE RAY ROBERTS WATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AN PROVIDING AN EFFECTIVE DATE. McAdams motioned, Ayer seconded to adopt the ordinance. On roll vote, McAdams "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 authorizing the Mayor to execute an agreement between the City of Denton and the County of Denton for the provision of library services. The following resolution was considered: NO. R90-002 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Gorton seconded to approve the resolution. "Hopkins "aye, On roll vote, McAdams "aye, " Gorton "ayes" Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. The budget recap showed that expenditures were on track for the budget. revenues and B. Texas utilities had filed for a rate increase of 10.2% which was served on the City along with supporting documents which were on file in the City Secretary's office. Work Session Item #5 was considered. City of Denton City Council Minutes January 16, 1990 Page 13 5. The Council discussed a preliminary assessment concerning annexation in the vicinity of Hartlee Field and gave staff direction about initiating formal annexation proceedings. Frank Robbins, Executive Director for Planning, stated that he would be pleased to answer any questions that Council might have concerning the detailed information in the agenda packet. Consensus of the Council was to not annex the area at the present time. Mayor Stephens presented a TMPA update to Council. He stated that the cities of College Station and Farmersville were requesting to enter long-term contracts for the purchase of electric service from TMPA member cities. Last year there had been an experiment of burning western coal and mixing it with Gibbons Creek coal. While the coal mixture was adequate, it was not cost efficient as it would require a dependancy on a transportation link between Montana/Wyoming and south Texas. The next experiment was to use lignite from the Calvert, Texas area. The plant had passed the four million safe man-hour mark as of December 31, 1989. 7. There was no official action taken during the Work Session Executive Session. 8. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Gorton asked that a particular road off of McKinney Street be looked at for naming purposes for the upcoming 911 system.. B. Mayor Stephens reported that the Deputy City Manager, the Airport Manager and he visited with the FAA regarding the Denton Airport. The FAA stated that it would be adding 1,000' to the runway in the near future which should help with industrial development and commuter traffic. 9. The Council convened into the Executive Session to discuss legal matters (considered action in Denton County vs. City and In re: Flow Regional Medical Center), real estate, and personnel/board appointments (considered an appointment to the Cable T.V. Advisory Board). NO official action was taken. 357 358 City of Denton City Council Minutes January 16, 1990 Page 14 With no further business, the meeting was adjourned at~8:47 p.m. i~TNIF~ WALTERS Y SECRETARY CITY OF DENTON, TEXAS 32.30C