Minutes May 15, 1990CITY OF DENTON CITY COUNCIL MINUTES
MAY 15, 1990
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Ayer; Council
Members Boyd, Gorton, Hopkins and McAdams.
ABSENT: Council Member Alexander
1. The Council convened into Executive Session to discuss
legal matters (considered action in In Re: Flow and discussed
County vs. City), real estate (considered acquisition of land
near the airport for right-of-way for a proposed road and
considered acquisition of land for a new fire station) and
personnel/board appointments.
Council Member Hopkins left the meeting during the discussion
of In Re: Flow.
2. The Council received and discussed preliminary Human
Services Committee budget recommendations.
Dorothy Damico, Chair-Human Services Committee, presented the
Committee's preliminary recommendation~ for funding. She
stated that the number of dollars that SPAN used for
transportation for the elderly and the number of dollars that
SPAN used for. transportation for the handicapped had-been
removed from the Human Services budget and put in another place
'in the budget materials. SPAN, Handi-Hop, Friends of the
Family, Fred Moore Child Care Center, Denton City-County Day
Nursery, and RSVP were agencies which had been funded for a
number of years. Damico wanted the Council to be aware that
when the fiscal year began in September, five of the six
agencies would have new directors and the sixth would have a
director who had been on the job just over a year. That was a
high rate of turnover for directors.
Council Member Gorton asked for the number of years those six
agencies had been funded. He stated that that information
could be presented at a later meeting.
Damico continued that the Community Food Room was being
transferred to Human Services from another area of the budget.
They were requesting an amount not to exceed $5,000 to cover
utilities. AIDenton, Parents Anonymous, Ann's Haven Hospice,
and Denton County Clinic Project for Prenatal Clinic were new
requests. Parents Anonymous was part of nation-wide support
effort to help parents who had a history of abusing children or
who. were at risk. Ann's Haven Hospice was health related.
Damico was very aware of the legal problems associated with
health related issues. The needs assessment showed that low
cost health care was a problem in the City and in the County.
She felt that tax dollars put into prevention and early
intervention would be fewer than might be necessary if waited
until a crisis. Ann's Haven Hospice would be using the money
for a bereavement program rather than direct health care.
01
02
City of Denton City Council Minutes
May 15, 1990
Page 2
Council Member Gorton wondered if contracts for these agencies
were going to have to be very specific in order to meet certain
spending requirements.
Council Member McAdams felt that the Council needed to have a
policy discussion about what kind of services the City intended
to fund. What should the City be doing for services. She did
not like having to reduce an agency in order to fund a new
agency.
Council Member Boyd stated that figures could be adjusted if
there were a no growth budget.
Council Member Gorton asked for the 1989 requests to be added
to the recommendation sheet for a comparison.
Council Member McAdams and Mayor Pro Tem Ayer left the meeting.
Damico stated that AIDenton and the Pre-natal Clinic were
health related items and in the past, were not funded for that
reason. The Pre-Natal Clinic came into being as a direct
result of Flow Hospital closing and was experiencing a large
demand for services. The Committee was asking the currently
funded agencies to take small cuts or not take any increases to
help fund new agencies with health related issues.
Council Member Hopkins asked about the CDBG proposed funding
for the pre-natal clinic. How was that different from the
Human Services recommendation for funding.
Damico stated that the money would be to help pay the salary
for an additional nurse.
Council Member McAdams and Mayor Pro Tem Ayer returned to the
meeting.
3. The Council held a discussion regarding the revision
of the Zoning Ordinance.
Frank Robbins, Executive Director of Planning, stated that some
of the reasons for rewriting the zoning ordinance included: (1)
the Denton Development Plan indicated that the ordinance should
be rewritten so that the plan and implementation measures would
be useful, (2) the current zoning ordinance had been adopted in
1969 and was outdated, (3) undesirable development which was
currently authorized by current standards, (4) over use of time
consuming, cumbersome problematic Planned Development, (5)
problematic districts not being used, and (6) user unfriendly.
Some suggestions for rewriting the ordinance included a
reorganization of standards for easier use, adding new
districts for commercial/retail and office uses which would
City of Denton City Council Minutes
May 15, 1990
Page 3
include a site plan permit by Planning and Zoning, adding a
mixed use directions with performance standards, allowing mixed
use buildings outside Central Business district, overlaying
districts, adding standards for Bed and Breakfasts, and using
the Planned Developments as the exception rather than as the
rule.
A discussion was then held regarding the appointment of a
citizen committee to work on the rewriting of the ordinance.
Staff had recommended that the Planning and Zoning Commission
appoint the members. Consensus of the Council was that the
committee members should be appointed by the City Council and
should be a broad-based cross section of the community.
Consensus of the Council was to proceed with the rewriting of
the zoning ordinance with a citizen committee appointed by
Council with input from the Planning and Zoning Commission.
4. The Council received and discussed a report regarding
purchase of a portion of the raw water obtained from the
Sulphur River Basin from the Upper Trinity Regional District by
contract with the City of Commerce.
Bob Nelson, Executive Director for Utilities, presented
background information concerning the item. The proposed
resolution dealt with a raw water supply from Cooper Reservoir
via a contract with the City of Commerce which also involved a
proposed contract between the Upper Trinity Regional Water
District and the City of Commerce. The City of Commerce was
prepared to enter into the agreement with the Upper Trinity
Regional Water District but prior to doing so, the UTRWD needed
assurances that there were member cities of water purveyors
that were willing or would guarantee the fixed costs of this
project until such time that the UTRWD had operating funds.
Although the water was being made available to the UTRWD, the
UTRWD did not have funds at the present to fund the estimated
$250,000 cost for 1991. Since Denton, Lewisville, Highland
Village and the Denton County Fresh Water District No. 1 had
been the only entities indicating a willingness or ability to
consider funding the project, it had been proposed that these
entities be guaranteed 6 MGD of the 11.72 MGD available. Under
such an arrangement, Denton would be guaranteed two MGD in
exchange for funding 33% of the initial costs, Lewisville - two
MGD for 33%, Highland Village - one MGD for 16.5% and FWD #1 -
one MGD for 16.5%. Later, when the UTRWD had water contracts
with other Denton County cities, Denton would be reimbursed for
fifty percent of the 33%, but would still retain the rights to
two MGD. The proposals were still in preliminary stages and
there was a possibility that other area cities might be able to
fund a DroDortionate share.
03
0¸4
City of Denton City Council Minutes
May 15, 1990
Page 4
The estimated UTRWD budget for the Cooper Reservoir Water
Project would be $250,000 having the following components:
Payment to City of Commerce for their legal fees etc,
for the past several years - $50,000
Legal and regulatory fees to get water transferred
from Commerce to UTRWD - $50,000
Payment to Corps of Engineers for debt service on
reservoir - $63,241
Engineering study to determine most feasible method of
transporting water from Sulphur River Basin to Trinity
River Basin - $86,759
Denton's share would be 33% of the estimated 1991
budget - $83,500
Nelson continued that there were uncertainties about the
political and regulatory feasibility of securing this water for
Denton and the Denton County area. However, similar
uncertainties and difficult political and regulatory issues
would be encountered with any future water supply that Denton
and Denton County attempted to secure since any future water
would have to come from either reuse of wastewater or as water
transferred from some other river basin into the Upper Trinity
River Basin. Because of the timeliness of this potential water
supply and apparent regional and statewide support with the
Cooper Reservoir water, staff would recommend the resolution
with the City of Commerce.
Council Member Gorton questioned paying the legal fees Commerce
had accumulated over the last several years stating that that
was a risk Commerce had taken. If those fees were removed, the
City of Denton would still be gambling with ~200,000 on a 50-50
bet.
Nelson replied that he was the one giving it a 50-50 chance.
Other individuals were saying it was a 95% chance. The
proposal had already been presented to the Executive Director
and Chairman of the Texas Water Commission and they had
responded favorably.
Council Member Gorton asked if the Upper Trinity Water District
did not go after the water, that Lewisville would do so. Was
that the status of the market for water rights.
Nelson replied yes that there were no water rights left in the
Trinity River Basin. Nothing except for reused water from Lake
Lavone to the Elm Fork to the West Fork Reservoirs. The only
water left was Red River Water which could be cheap but might
need salt removed or the Sulpher River Basin.
City of Denton City Council Minutes
May 15, 1990
Page 5
Council Member Hopkins stated that she had problems with first,
the $50,000 fee. Second, the fee for legal services was not
realistic. She felt it was a large risk to take for something
that would not give the City enough water to really help it.
She questioned if it were worth a five-ten year fight in
Austin. She also had numerous problems with the contract such
as on page 2 which stated "it was anticipated that the Federal
Government would honor the interest rates upon completion of
the project" and on page 4 which stated that Commerce could
"terminate or curtail partially or wholly the sale of such
water".
Nelson replied that the curtailment would be only if Commerce
experienced a problem with its physical facilities.
Mayor Castleberry stated that this was an introduction to the
item and would be brought back at a later date.
Council Member Gorton asked if the item could be brought back
later at the end of the meeting as he had additional concerns
and suggested the possibility of a subcommittee to look into
the issue.
The Council convened into the Regular Session at 7:00 p.m.
the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Ayer; Council
Members Boyd, Gorton, Hopkins and McAdams.
ABSENT:
Council Member Alexander
Mayor Castleberry presented a proclamation for Historic
Preservation Week.
1. The Council received a citizen's report from Amy
Plumadore regarding parking restrictions on the bridges east of
Denton on Highway 380.
Ms. Plumadore stated that she had been involved in a traffic
accident on the bridges last summer. Due to the recent raihs,
the lake bottom was filled and people were parking along the
bridge to fish. She felt that was a dangerous condition. She
had called the Police Department, Sheriff's Department, the
Highway Department and Highway Patrol and had been told to talk
to the Highway Department for signs to be put up in the area.
A representative from the Highway Department told her that he
would order signs if the City of Denton agreed. She suggested
lowering the speed limit to 45 on the bridge and signs posted
"no fishing from bridge" or "emergency stopping only".
05
06
City of Denton City Council Minutes
May 15, 1990
Page 6
Lloyd Harrell, City Manager, stated that Rick Svehla, Deputy
City Manager, had contacted Ms. Plumadore and indicated to her
that the item would be scheduled on the next agenda of the
Citizens Traffic Support Commission. A formal recommendation
would be made from the Commission to the Council in the near
future.
2. The Council received a citizen's
Young regarding changing Fred Moore Park
neighborhood park to a community park.
report from Carl
designation from a
Mr. Young requested the Council consider changing the
designation of Fred Moore Park from a neighborhood park to a
community park. He was going to request the Historical
Commission consider the park as an historical site. He
requested a repeal of the ordinance on liquor and time as it
was not right. He went on to state that the neighbors in the
area were not in favor of the new police program and wanted it
stopped.
Council Member Boyd asked how the designation was made and was
that not a category not a name for parks.
City Manager Harrell stated that that was correct and that Mr.
Young was scheduled to speak at the next Park Board meeting on
~he issue.
3. The Council received and opened bids regarding the
awarding of Texas Public property Contractual Obligations,
Series 1990.
Frank Medanich, First Southwest, stated that 13 proposals had
been received. He would read the net effective interest rate
for each bid.
Shearson American Express Company - 6.41143
Griffin Kubik Stevens & Thompson - 6.551123
Prudential Bache Securities - 6.7085
Bank One - Texas - 6.58323
Donaldson Lufkin Jeanrette - 6.6417
NCNB . Texas - 6.63643
Smith Barney & Co. - 6.7002
First City Texas Bank - 6.4345
Clayton Brown & Associates - 6.3679
First Southwest Co. - 6.6086
Merrill Lynch Capital Markets - 6.6793
Blunt Ellis & Loewi - 6.44000
Payne Weber - 6.6907
City of Denton City Council Minutes
May 15, 1990
Page 7
Medanich stated that he and his associates would retire and
check the bids for accuracy.
Public Hearings
A. The Council held a public hearing to consider'a
petition by A. Lissberger and considered adoption of an
ordinance amending the detail plan authorizing planned
development #134. (The Planning and Zoning Commission
recommended approval.)
The Mayor opened the public hearing.
A1 Lissberger, petitioner, stated that the amendment would
modify the on-site sewage disposal system in accordance with
the existing disposal permit.
No one spoke in opposition.
The Mayor closed the public hearing.
Frank Robbins, Executive Director of Planning, stated that the
Planning and Zoning Commission agreed with the amendments. The -
amendments would modify the on-site sewage disposal system area
and modify a condition concerning connection to City
utilities. The requirement that the applicant would connect to
Denton's sewer system when development exceeded 8,000 square
feel would be eliminated. In addition, the on-site sewage
disposal system would be modified, in order to concur with the
disposal permit. The adopted plans show an area of 940 square
feet for a drain field improvement area. The amendment would
increase the size of that area to 1,204 square feet.
The following ordinance was considered:
NO. 90-069
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE DETAILED PLAN FOR THE PLANNED DEVELOPMENT DISTRICT
ESTABLISHED BY ORDINANCE NO. 90-007 AND AMENDING A
CONDITION THEREOF RELATING TO WASTEWATER SERVICE FOR
THE PROPERTY; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
07
City of Denton City Council Minutes
May 15, 1990
Page 8
Consent Agenda
McAdams motioned, Hopkins seconded to approve the Consent
Agenda as presented. Motion carried unanimously.
A. Bids and Purchase Orders:
Bid #1068 - Lake Lewisville and Ray Roberts
Hydroelectric Projects
2. Bid #1094 - Fiberglass Roadway Lighting
Bid #1101 - Friends of the Family
Rehabilitation
4. Bid #1102 - Chemical and Herbicides
5. Bid #1107 - Bonnie Brae 12" Water Line
6. Bid #1108 - Diesel Repair Parts
7. Bid #1109 - Heater Repair
8. P.O. #95617 - Hatch & Kirk
.6. 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. (4.A.2. - Bid #1094, 4.A.4. - Bid #1102, 4.A.6. -
Bid #1108, 4.A.7. - Bid #1109)
The following ordinance was considered:
NO. 90-070
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," Hopkins 'aye," Gorton "aye," Ayer
"aye,' Boyd "aye," and Mayor Castleberry '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 improvement~. (4.A.1. - Bid
#1068, 4.A.3 - Bid #t101, 4.A.5. - Bid #1107)
City of Denton City Council Minutes
May 15, 1990
Page 9
The following ordinance was considered:
NO. 90-071
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," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
C. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract
between the City of Denton and Hatch & Kirk; and providing for
an increase in the contract price. (4.A.10 - P.O. #95617)
The following ordinance was considered:
NO. 90-072
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND
HATCH & KIRK, INC.; PROVIDING FOR AN INCREASE IN THE
CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
D. The Council considered adoption of an ordinance
approving the issuance of contractual obligations for the City
of Denton.
Council Member Hopkins left the meeting with a potential
conflict of interest.
Frank Medanich stated that all of the bids had been checked and
found the bids as submitted to be correct. On that basis, the
bid submitted by Clayton Brown and Associates, at the effective
interest rate of 6.3679, was the best bid submitted and
recommended acceptance of that bid.
09
City of Denton City Council Minutes
May 15, 1990
Page 10
The following ordinance was considered:
NO. 90-073
AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC
PROPERTY FINANCE CONTRACTUAL OBLIGATIONS
McAdams motioned, Ayer seconded to adopt the ordinance. On
roll vote, McAdams "aye," Gorton "aye," Ayer "aye," Boyd "aye,"
and Mayor Castleberry "aye." Motion carried unanimously.
Council Member Hopkins returned to the meeting.
D. The Council considered adoption of an ordinance
authorizing the City Manager to enter into an agreement with
the State Department of Highways and Public Transportation
concerning the landscaping of a portion of University Drive.
(The Beautification Commission recommended approval.)
Jeanne Morrison, Chair-Beautification Commission, stated that
the Commission had discussed two major entranceways that they
felt were in need of help. Their first choice was University
Drive which was probably the most traveled street in Denton.
She felt this was an opportunity to make something develop in
that area that all could be proud of.
Frank Robbins, Executive Director for Planning, stated that the
first time the item had been acted on by Council, the budget
for the project was $120,700 in cash. Staff determined ways to
leverage cash with in-kind services. Therefore, the City's
estimate was $92,500. The Highway Department's estimate for
cash needed was $55,460. If there were over-runs for the
project, the State would pick up 99.28% of the cost.
Lloyd Harrell, City Manager, stated that the design of the
project would be within the area which would eventually be
taken to expand University Drive from four to six lanes. As
the City was currently in its heavy construction season, the
work would be delayed until the late fall when crews could be
used.
Sheila Becker, President-North Lakes Neighborhood Association,
spoke in favor of the project and urged the Council to approve
the ordinance.
Jerry Cott, Chairman-Government Relations Committee of the
Denton Chamber of Commerce, cautioned that the project not
become the financial burden of the property owners in the area
and that they not be asked to pay for the project including
maintenance.
City of Denton City Council Minutes
May 15, 1990
Page 11
City Manager Harrell replied that the funding for the median
maintenance crew had been approved in last year's budget. This
would include maintenance and water for the project.
The following ordinance was considered:
NO. 90-074
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND
THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION, FOR PARTICIPATION IN A LANDSCAPE COST
SHARING PROGRAM PROJECT ALONG US 380, FROM 1-35 TO
MALONE STREET; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Ayer motioned, Gorton seconded to adopt the ordinance. On roll
vote, McAdams "ayev" Hopkins "aye," Gorton "aye," Ayer "ayev"
Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
F. The Council considered adoption of an ordinance
authorizing the City Manager to execute a joint cost sharing -
agreement with the Texas State Department of Highways and
Public Transportation for landscaping along U.S. Highway 77 at
.its intersection with Interstate Highway 35E in Denton. (The
Beautification Commission recommended approval.)
City Manager Harrell stated that this was a similar project as
University Drive but on a smaller scale.
Jerry Cott, Chairman-Government Relations Committee of the
Denton Chamber of Commerce, again voiced the same concerns as
the last item and stressed that maintenance and water for the
project should not fall on the property owners in the area.
The following ordinance was considered:
NO. 90-075
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
JOINT COST SHARING AGREEMENT WITH THE TEXAS STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR
LANDSCAPING ALONG U.S. HIGHWAY 77 AT ITS INTERSECTION
WITH INTERSTATE HIGHWAY 35E IN DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN
EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, M~Adams "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
11
12
City of Denton City Council Minutes
May 15, 1990
Page 12
G. The Council considered adoption of an ordinance
authorizing acceptance of dedication of Lot 14, Audra Estates
Addition for street right-of-way for East Oaks addition.
Frank Robbins, Executive Director for Planning, stated that
Council had approved the preliminary plat for the project which
included the road extension. There were two options to accept
the right-of-way. One by replat and one by instrument. The
owner chose the instrument which was the ordinance before them.
The following ordinance was considered:
NO. 90-076
AN ORDINANCE ACCEPTING THE DEDICATION OF LOT 14, AUDRA
ESTATES ADDITION, AS SHOWN IN THE DEDICATION DEED
EXECUTED BY SCHNIEDER & JUSTICE, INC. ATTACHED HERETO,
FOR STREET AND UTILITY PURPOSES; AND DECLARING AN
EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Hopkins "aye," Gorton 'aye," Ayer
"aye,' Boyd "aye,' and Mayor Castleberry "aye." Motion carried _
unanimously.
~7. Resolutions
A. The Council considered approval of a resolution
designating a Records Management Officer for the City of Denton.
The following resolution was considered:
NO. R90-020
A RESOLUTION DESIGNATING THE CITY SECRETARY
RECORDS MANAGEMENT OFFICER FOR THE CITY OF
TEXAS
AS THE
DENTON,
McAdams motioned, Ayer seconded to approve the resolution. On
roll vote, McAdams "aye," Hopkins 'aye," Gorton "aye," Ayer
"aye,' Boyd "aye," and Mayor Castleberry 'aye." Motion carried
unanimously.
B. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the City
of Denton and Denton County for ambulance service.
The following resolution was considered:
City of Denton City Council Minutes
May 15, 1990
Page 13
NO. R90-021
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY
FOR AMBULANCE SERVICE; AND PROVIDING FOR AN EFFECTIVE
DATE.
McAdams motioned, Gorton seconded to approve the resolution.
On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
C. The Council considered approval of a resolution
authorizing the closure of Congress Street for Cougar Day May
19, 1990.
Jesus Nava, Assistant to the City Manager, stated that
representatives from Calhoun Junior High School had asked that
the date for Cougar Day be reset due to rain on the last date.
The following resolution was considered:
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET _
BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY~ MAY
18, 1990; AND PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Boyd seconded to approve the resolution. On
roll vote, McAdams "aye," Hopkins "aye," Gorton "nay," Ayer
"aye,' Boyd "aye," and Mayor Castleberry "aye." Motion carried
with a 5-1 vote.
8. The Council held a discussion and considered an
appointment .to the Joint City of Denton/Denton Chamber of
Commerce Economic Development Board.
Lloyd Harrell, City Manager, stated that the ordinance passed
by the Council establishing City representation to the joint
City of Denton/Denton Chamber of Commerce Board called for the
appointment of five representatives from the City to include
one representative from the Public Utilities Board, two City
staff members and two members from the City Council. One of
the two members from the council was Ray Stephens. Therefore,
formal action was needed to take place Mr. Stephens.
McAdams motioned, Hopkins seconded to name Mayor Castleberry to
the Board. On roll vote, McAdams "aye," Hopkins "aye,' Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
13
14
City of Denton City Council Minutes
May 15, 1990
Page 14
9. Miscellaneous matters from the City Manager.
The following items were presented by Lloyd Harrell,
Manager,
City
packet.
The budget recap had been included in the agenda
B. The City's wastewater plant had received an award
from the State of Texas for the outstanding wastewater
treatment plant in the State of Texas for its size.
C. Bob Nelson, Executive Director for Utilities,
continued his discussion of the resolution regarding purchase
of a portion of the raw water obtained from the Sulphur River
Basin from the Upper Trinity Regional District by contract with
the City of Commerce.
Council Member Hopkins stated that she was concerned with page
20 of the contract which indicated that the City would have to
continue payments even if it did not receive any water.
Nelson replied that the City would be obligated for the next 50
years to pay its 26% share of the debt service on the reservoir
regardless whether there was any water in it or not. That was
the obligation that Commerce was under with the Corps of
Engineers. All the City of Denton was doing was stepping in
Commerce's position.
Council Member Hopkins stated that any reservations that Nelson
had about the contract, he was obligated to tell the Council.
So far, she did not see anything that would make her in favor
of the agreement.
Nelson replied that he had only a 50-50% professional opinion
that Denton would ever to finally accomplish getting the water
rights and the water transported into the City of Denton. What
it did for Denton was to put Denton in the arena as a player
for water rights in the north Texas area and an interbasin
transfer. It kept Denton's name in front of the Texas Water
Commission and before other water supply entities. That might
mean a $40,000 a year investment for such an opportunity.
Council Member Boyd stated that assuming Denton would get the
water, it would cost about 60% of what the water in Lake Ray
Roberts would cost.
Nelson replied that it was the cheapest water that was
available at the present time. Red River water was cheape£ but
there were difficult issues with the City of Dallas of ever
getting that water transferred.
City of Denton City Council Minutes
May 15, 1990
Page 15
Council Member Boyd stated that the City had an adequate water
supply Until the year 2010 and the contract would be for 50
years so that there was a potential use of the contract for the
final 30 years. He asked how much the contract would cost the
City.
Nelson replied approximately ~83,333 for the first year. Staff
was fully anticipating that the other entities would pick up
their 50% reducing the amount to ~41,000-$42,000.
Council Member Gorton asked if the other entities would have
the same conditionas as Denton.
Nelson replied yes.
Council Member McAdams asked what would happen at the end of
the 50 year contract and what were other options if the City
decided not to go ahead with the contract with Commerce.
Nelson replied that Commerce would have the right to take back
the water supply. Other options would include (1) buy water
from Dallas, (2) participate with Dallas in the Sulpher River
Basin, (3) water from Red River, and (4) rights to return flow.
Mayor Pro Tem Ayer stated that the item needed more discussion
and a full thorough study. An extensive written report with
options and costs was needed. Perhaps a consultant was needed
to work on the project.
Council Member Gorton suggested a subcommittee from the Council
to study the item further.
10. There was no official action taken on Executive
Session items during the Work Session.
11. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Mayor Pro Tem Ayer suggested a reception for the
two Council Members who were leaving the Council. He felt it
would be an appropriate way for the community to express
appreciation for all their dedication. He asked staff to
provide ideas for dates and arrangements.
12. The Council convened into the Executive Session to
discuss legal matters (considered action in In Re: Flow and
discussed County vs. City), real estate (considered acquisition
of land near the airport for right-of-way for a proposed road
and considered acquisition of land for a new fire station) and
personnel/board appointments. No official action was taken.
15
16
City of Denton City Council Minutes
May 15, 1990
Page 16
With no further business, the meeting was adjourned.
BOB CASTLE~~~,~
CITY OF DENTON /
DENTON, TEXAS /
~F~N~FE~ WALTERS
C~TY SECRETARY
CITY OF DENTON
3266C