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Minutes March 12, 1990 CITY OF DENTON CITY COUNCIL MINUTES ' MARCH 12, 1990 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens: Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None 1. The Council convened into Executive Session to discuss legal matters (considered action in In Re: Flow. considered settlement of Verhotz vs. City, Gladden vs. City, et al, and Patel vs. City, and considered claim of the estate of Larry Champion), real estate and board/personnel appointments (considered appointments to the Airport Advisory Board, Building Code Board, Cable T.V. Advisory, Citizens Traffic Safety Support Commission and Electrical Code Board). Council Member Hopkins left the meeting during the discussion of In Re: Flow. The Council then convened into Open Session at 5:45 p.m. 2. The Council held a discussion regarding changes to contracts with the hotel occupancy tax recipients. Debra Drayovitch, City Attorney, reported that the original contract was basically a 90 day contract - one with no term but one which could be terminated by either party with 90 day notice. The old contract had a reimbursement cap for expenses incurred because of termination of $250 and straight pass through of funds with a contract only with the Cultural Confederation which would disperse the monies to the appropriate entities. In an attempt to retain as much of the original contract as possible, the only changes made by the City legal staff were to incorporate changes resulting from the 1989 statute revision as discussed earlier, applying caps pursuant to authorization of the Council except for the contract with the Arts Council which was different because of the nature of the statute in that regard, and changed the $250 reimbursement limit to $1,000. Ms. Drayovitch stated that she and John McGrane, Executive Director for Finance, had met with representatives of the organizations over the last few weeks to negotiate the terms of the contracts and had been able to iron out all the problems. The two contracts for the Arts Council which would be considered at the regular meeting reflected these changes. Ms. Drayovitch stated that the major changes to the contract were: 1) allow the City to recover costs of collection of past due taxes and auditing delinquent taxpayers: 2) change the 10 day cure in case of default to 30 days; and 3) change the 90 day termination clause to a 6 month termination clause. 401 402 City of Denton City Council Minutes March 12, 1990 Page 2 The consensus of the Council was that they would like the contracts for the other three entities, Historical Foundation, North Texas Fair Association, and Denton Chamber of Commerce, to be considered on their agenda of March 20, 1990, provided these organizations would have had an opportunity to meet before this date to consider the contracts. 2. The Council received a report from Freese & Nichols on the wastewater treatment plant master plan. R. E. Nelson, Executive Director for Utilities, stated that the firm of Freese & Nichols had performed a master plan study for the City wastewater treatment plant as required by state law when a facility had reached 75% of capacity. The study took approximately a year and explored many areas. Mr. Nelson estimated that the first phase cost would be approximately $20 million. Bob Pence, Freese & Nichols, presented a handout highlighting the presentation to the Council. Mr. Pence outlined the driving forces which effected the study. These forces included permit changes, city growth, future permits, and sludge disposal. Some changes in permitting required by state statute needed to be met in a relatively short period of time which would impact cost. The study looked at several alternatives to evaluate, including expanding the existing plant on site, expanding the existing plant and utilizing flow equalization, building a new plant at an alternate site, and land application. When considering sludge disposal, the firm considered sludge landfilling or continuing with a greater program o4 sludge injection. Based on the evaluation of present worth cost basis, the selected plan was developed and divided into two phases. Phase I would take the plant expansion to 15 mgd and Phase II to 20 mgd. Phase I expansion would be broken into three separate phases. Phase IA would include liquid and solids handling to achieve permit compliance on ammonia levels and plant renovations. Phase IB would include liquid and solids handling and buildings necessary to get plant capacity to 15 mgd. Phase lC related to the sludge only landfill. Mr. Pence stated that the cost estimate for Phase lA and lB would be $15.5 million and Phase ICa little over $4.5 million making a combined total of a little over $20 million. Phase II would cost approximately $8 million. Lloyd Harrell, City Manager, asked if Mr. Pence could estimate ho~ muoh of that $20 million figure could be attributed to new State and Federal regulations as opposed to accommodating normal growth. Mr. Pence stated that without new regulations the upgrading of the present plant to accommodate growth would be approximately $9 million. City of Denton City Council Minutes March 12, 19'90 Page 3 M£, Nelson stated that if expenditures held at the estimated $20.4 million the City would be looking at a 50-55% increase in rates over the next three yea£s. Because of the 1992 time const£aints on the ammonia portion of the permit, the City would need to be into construction no later than March of 1991. Mr. Pence .repo£ted that the proposed schedule plans to begin in the next few months on the preliminary engineering for Phase IA and IB, complete design and advertise for construction around July of 1991 with Phase IA requirements on line by July of 1992, and completion of entire construction schedule by September 1993. The sludge only landfill requirement would take quite a while and estimated time to be on line would be July 1994. Mr. Nelson stated that the report had been presented for informational purposes and no action was required. The Utility staff would now go back to the Public Utility Board and recommend that an engineering firm be selected, develop a contract for the firm and bring the contract back to the Board and Council for signature. The Council then reconvened into the Executive Session to discuss items previously listed. 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 403 The Mayor presented a proclamation concerning "Professional Social Worker" month to Eileen Short. 1. The Council conside£ed approval of the minutes of the regular session of February 6 and 10, 1990. Council Membe£ Alexander noted a typographical error on page 19 of the February 6, 1990 minutes stating the word "included" needed to read "include." Hopkins motioned, Gorton seconded to approve the minutes as amended. Motion carried unanimously. 2. The Council was to receive a citizen's report from Buddy Cole, Wayne Docke~y and Ray McFarlane regarding the booster pump station and water storage complex on Hartlee Field Road. This item was pulled at the request of the citizens. 4'04 City of Denton City Council Minutes March 12, 1990 Page 4 Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Article 4.15 of Chapter IV, Article III, Appendix A to provide for amended drainage requirements and amending Section 10 1/2 - 17 relating to finished floor elevations. The Mayor opened the public hearing asking for a brief overview of this ordinance. Jerry Clark, City Engineer, stated that the process of review of this article started in the summer of 1987. There had been a great deal of public involvement. The proposed changes in the ordinance were meant to expand and clarify by adding definitions. The major change would make floodways natural and keep them that way to promote the greenbelt and aesthetics and slower, less erosive drainage flows. Design standards had been upgraded in a few areas to become consistent with the rest of the Metroplex and to protect lots from lot flooding. Some changes had allowed computerization of some of the drainage processes which allowed calculation of the flows. The developer had been allowed some leeway by lowering the crowns on streets which would allow more water to be carried in the streets prior to storm sewer installation. The ordinance included more pipe systems on water flows, established regulations for detention facilities, defined easements, and upgraded flood damage prevention ordinance so that finished floors would propose to be 18" above base flood elevation as opposed to 12" Council Member Alexander asked that Mr. Clark define base flood elevation. Mr. Clark stated that the base flood elevation were based on a 100 year storm which was one which had a 1% chance of happening every year or pretty sure would happen once every 100 years. Council Member Gorton asked that by raising finished floors 6" what extent would this impact the future development of park sites and improvements. Mr. Clark stated that he did not feel it would be a problem. Most park structures that are down in the floodway would be gazebos or tennis courts which were designed with open fences and methods that allowed water to pass through. Recreation centers and similar type of structures would not be located in the floodway. The major benefit would be the increased subsidization of rates by FEMA because the level would be raised above base flood elevation. Jerry Cott, Chairman of the Government Relations Committee of the Chamber of Commerce, stated that he would like to commend Jerry Clark and Frank Robbins for their work on this ordinance and the Chamber endorsed its passage. No one spoke in opposition. City of Denton City Council Minutes March 12, i99D Page 5 The Mayor closed the public hearing. The following ordinance was considered: NO. 90-029A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 4.15 OF CHAPTER IV OF ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES TO PROVIDE FOR AMENDED DRAINAGE REQUIREMENTS AND DESIGN STANDARDS; AMENDING SECTION 10 1/2-17 (FLOOD DAMAGE PREVENTION) OF THE CODE OF ORDINANCES RELATING TO FLOOR ELEVATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREOF OCCURRING WITHIN THE CITY OF DENTON; 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. 4. Consent Agenda McAdams motioned, Alexander seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid ~1060 - Paging System 2. Bid ~1062 - ~2 Diesel Fuel 3. Bid ~1064 - Diesel Replacement Parts 4. Bid ~1071 - SCBA Equipment 5. Bid ~1066 - Insulation 6. Bid ~1069 - Hickory/Oak Paving and Drainage 7. P.O. 995603 - Physio Control B. Tax Refunds 1. Consider approval of a tax refund for Gene G. Morris. 2. Consider approval of a tax refund for Sunbelt Savings for ~6,716.74. 3. Consider approval of a tax refund for Sunbelt Savings for $22,737.94. 405 4O6 City of Denton City Council Minutes March 12, 1990 Page 6 . 5. Ordinances The following ordinances were considered out of order. E. The C'ouncil considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue for the renovation of the old City steam plant. Debra Drayovitch, City Attorney, stated the issues concerning the contracts had been discussed on several occasions, and she was ready to respond to questions. Mayor Stephens commended the Subcommittee, and the recipients finalizing the contracts. attorneys, the Council for their efforts in The following ordinance was considered: NO. 90-034 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE FOR THE RENOVATION OF THE OLD CITY STEAM PLANT; AND PROVIDING 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. F. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue for the arts. The following ordinance was considered: NO. 90-035 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE FOR THE ARTS; AND PROVIDING 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. City of Denton City Council Minutes March 12, 1990 Page 7 Robert Estes, 3600 Montecito Drive, President of the Greater Denton Arts Council, commended Council Member Gorton, Council Member Alexander, and the City Attorney for their hard work and cooperation. The Council resumed agenda order. A. The Council considered an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services (4.A.1. - Bid #1060, 4.A.2. - Bid ~1062, 4.A.3. - Bid ~1064, 4.A.4. - Bid ~1071) The following ordinance was considered: NO. 90-030 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES AND 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," Bo~d "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. (4.A.5. - Bid ~1066, 4.A.6. - Bid ~1069) The following ordinance was considered: NO. 90-031 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. 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. 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 ~urchases from requirements of comPetitive bids. (4.A.7. - P.O. 95603) 407 408 City of Denton City Council Minutes March 12, 1990 Page 8 The following ordinance was considered: NO. 90-032 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. D. 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 ~1070 - Rear Loading Refuse Trucks) Lloyd Harrell, City Manager, stated that the comprehensive back up materials outlined the reasons that the vendor had been chosen for the recommendation on the item. Council Member Hopkins questioned what would be done with the two new trucks if in six months the Council chose not to continue in the solid waste collection business. Harrell stated that the purchase was for residential trucks. If the City would proceed with any proposal to sell the solid waste collection, it would be for commercial service and the proposal would contain a provision that the successful bidder would purchase the existing City equipment. Mayor Pro Tem Ayer requested that because the selection of the successful bidder had been based in large part on delivery time of 30 to 60 days that the delivery be monitored and reported to Council. Council Member Alexander stated that the initial discussions of waste disposal dealt with commercial, but in the course of development of that issue, the whole question of residential had come into consideration. The consensus of the Council was for an overall review of the waste disposal process within the City. The emphasis had been on commercial. However, residential had been discussed. Mr. Harrell recommended that the issue of waste disposal be put on a future Work session in order to clarify Staff's direction. Staff had been preparing specifications to go out for bid based upon someone taking over the commercial portion of our solid waste disposal. City of Denton City Council Minutes March 12, 1990 Page 9 Mr. Alexander stated that for the short term the direction Staff was taking had been accurate. However, for the longer term, Council would still look at all possibilities and would keep all options open. The following ordinance was considered: NO. 90-033 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. vote, McAdams "aye," Alexander "aye," Hopkins "aye," "aye," Ayer "aye," Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton "aye." This item was considered earlier in the meeting. This item was considered earlier in the meeting. The Council considered adoption of an ordinance Ge awarding a contract for the purchase of spot gas from Enserch Gas Company. Ernie Tullos, Director of Electric Utilities, stated that the contract was for Spot Gas from Enserch .delivered to various points on the system. The other contracts considered at a previous meeting were for gas delivered to the Spencer Road plant. The difference between the contracts were that the City could pay a transportation fee to ~Lone Star if it were necessary to have gas delivered to points on the system which could be advantageous in the future if the City purchased more gas than it did presently. The following ordinance was considered: NO. 90-036 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SPOT GAS FROM ENSERCH GAS COMPANY; 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. 409 410 City of Denton City Council Minutes March 12, 1990 Page 10 H. The Council considered adoption of an ordinance calling and ordering an election to be held in the City of Denton, Texas, on May 5, 1990, for the purpose of electing council members to the City Council of the City of Denton, Texas to Places 5 and 6 and electing a Mayor to Place 7; ordering that the punch card electronic voting system adopted by Denton County be used in said election; designating voting places and appointing election officials; providing for election supplies; and providing for notice of said election. The following ordinance was considered: No. AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTONt TEXAS, ON MAY 5, 1990, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO PLACES 5 & 6 AND ELECTING A MAYOR TO PLACE 7; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY BE USED IN SAID ELECTION ; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR ELECTION SUPPLIES; PROVIDING FOR NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, McAdams seconded to adopt ordinance. Council Member Gorton questioned that the ordinance caption did not address that the election would be a joint election with the school district. Debra ' Drayovitch, City Attorney, stated that the standard ordinance was used and a revised contract with the School District would be prepared addressing the precinct changes by the county. Each respective governing body followed the practice of calling its own election. City Attorney Debra Drayovitch requested that the ordinance be postponed for consideration to allow her to verify information in the ordinance. Boyd motioned, Alexander seconded to table consideration to adopt the ordinance until Council had consultation with Attorney and convened into open session following the consultation. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance retaining the lawfirm of Henderson Bryant & Wolfe to represent the City of Denton in claims and litigation pending against the City. City of Denton City Council Minutes March 12, 1990 Page 11 Debra Drayovitch, City Attorney, stated that the item had been previously discussed in Executive Session. The following ordinance was considered: NO. 90-038 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF HENDERSON BRYANT & WOLFE TO REPRESENT THE CITY OF DENTON IN CLAIMS AND LITIGATION PENDING AGAINST THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Gorton seconded to adopt the ordinance. vote, McAdams "aye," Alexander "aye," Hopkins "aye," "aye," Ayer "aye," Boyd "aye," and Mayor Stephens Motion carried unanimously. 6. Resolutions On roll Gorton "aye." A. The Council considered approval of a resolution of the City of Denton, Texas, authorizing the submission of an application to the Texas Criminal Justice Division requesting funding for a special law enforcement unit to investigate child abuse violations. Lloyd Harrell, City Manager, stated that Items 6.A., 6.B. and 6.C. were all related. Items 6.A. and 6.B. were continuation grants that the City had received first year funding last year for the Child Abuse program and the DARE program. Item 6.C. was an initial grant request to help support the City's narcotics unit authorized in the current year's budget. Captain Gary Matheson,the Police Department, stated that the first two grants were for continuation funding. The third grant would be used for narcotics equipment to be used in the new narcotics unit. The total grant was for $94,000-$95,000 of which the City's cost would be approximately $35,000. The following resolution was considered: NO. R90-009 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A SPECIAL ALW ENFORCEMENT UNIT TO INVESTIGATE CHILD ABUSE VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Co~kon "ayo," Aye~ naye,' Boyd "ay~,m and Mayor "aye." Motion carried unanimously. 411 City of Denton City Council Minutes March 12, 1990 Page 12 B. The Council considered approval of a resolution of the Council of the City of Denton, Texas authorizing the submission of an application to the Texas Criminal Justice Division requesting continued funding for a drug abuse resistance education officer. The following resolution was considered: NO. R90-010 A RESOLUTION BY THE COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING CONTINUED FUNDING FOR A DRUG ABUSE RESISTANCE EDUCATION OFFICER AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Gorton 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. C. The Council considered approval of a resolution of the City of Denton, Texas, authorizing the submission of an application to the Texas Criminal Justice Division requesting funding for a special law enforcement unit to investigate and combat the distribution of controlled substances. The following resolution was considered: NO. Rg0-011 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION. TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A SPECIAL LAW ENFORCEMENT UNIT TO INVESTIGATE AND COMBAT THE DISTRIBUTION OF CONTROLLED SUBSTANCES; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Boyd sec0nded approval of 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· Lloyd Harrell, City Manager, stated that the current month's sales tax receipts were up slightly over budget projections. He stated that the sales tax revenue was still down from .budget projections. Council Member McAdams questioned if it would be possible to determine where the sales tax dollars were coming from. City of Denton City Council Minutes Ma£ch 12. 19'90 Paqe 13 M£. Ha££ell stated that the State Department of Revenue would not make available a listing of £eceipts by particular firms. Howeve£, they would provide a g£oss estimate by gene£al catego£y. Council Membe£ McAdams £equested staff to t£ack sales receipts fo£ £etail sales now that the Vista Ridge Mall had opened. M£. Ha££ell stated that the State Depa£tment of Revenue did b£eakdown figures into sub-categories, but that it would be difficult to identify the Mall merchants from all City merchants. 8. The£e was no official action taken du£ing the Wo£k Session Executive Session. 9. New Business The following items of New Business we£e suggested by Council Membe£s fo£ future agendas: Council Member Gorton stated that he wanted to be certain that the remaining contracts for the distribution of Lalo£ funds would appea£ on the next agenda. 10. The Council convened into Executive Session to discuss legal matte£s (conside£ed action in In Re.; Flow, conside£ed settlement of Ve~hotz vs. City, Gladden vs. City, et al, and Patel vs. City, and considered claim of the estate of La£ry Champion), £eal estate and board/personnel appointments (considered appointments to the Airport Advisory Board, Building Code Board, Cable T.V. Adviso£y, Citizens Traffic Safety Suppo£t Commission and Electrical. Code Boa£d). The Council convened into open session and took the following action: 5. H. The Council conside£ed adoption of an ordinance calling and o£de£ing an election to be held in the City of Denton, Texas, on May 5, 1990, for the purpose of electing council members to the City Council of the City of Denton, Texas to Places 5 and 6 and electing a Mayor to Place 7; ordering that the punch card electronic voting system adopted by Denton County be used in said election; designating voting places and appointing election officials; providinq fo£ election supplies; and p£ovidinq fo£ notice of said election. McAdams motioned, Alexande£ seconded to £emove item from the table. Motion ca££ied unanimously. 413 414 City of Denton City Council Minutes March 12, 1990 Page 14 Mayor Stephens stated that the City Attorney had briefed the Council on her concern in the election ordinance. Debra Drayovitch, City Attorney, stated that she had been concerned that a change in polling place in District No. 1 from the American Legion on Lakey Street to the Martin Luther King, Jr. Recreation Center on Morse Street had not been submitted to the Justice Department. All changes in polling places must be approved by the Attorney General's office. Ms. Drayovitch stated that the appropriate paperwork had been located and had been submitted and her concerns had been abated. The following ordinance was considered: NO. 90-037 AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 5, 1990v FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO PLACES 5 & 6 AND ELECTING A MAYOR TO PLACE 7; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON' COUNTY BE USED IN SAID ELECTION ; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR ELECTION SUPPLIES; PROVIDING FOR NOTICE OF SAID ELECTION; 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. The Council reconvened into Executive Session. The Council convened into open session and took the following action: A. Ayer motioned, Hopkins seconded to appoint Allie Miller to Airport Advisory Board, C.C. Sexton to Cable Television Advisory Board, and Carl Guess to Citizens Traffic Safety Support Commission. Motion carried unanimously. B. The Council visited with the City Manager about the upcoming Council Update Planning Seminar. The consensus was to hold the seminar June 1 -2, 1990 at a place to be determined. The Council authorized the manager to contact Bob Saunders to lead discussion regarding long range planning of Council goals at the seminar. City of Denton City Council Minutes March 12, 1990 Page 15 415 With no further business, McAdams motioned, Boyd seconded for adjournment. Motion carried unanimously. The meeting adjourned at 8:56 p.m. BETTY- WI~SIAMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS 4939M