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Minutes June 05, 199020 CITY OF DENTON CITY COUNCIL MINUTES JUNE 5, 1990 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (considered action in In Re: Flow, considered action on claim of John Hawley, considered action in Conover vs. City, considered action in Kelsoe et. al, considered action in Champion vs. City), real estate, and personnel/board appointments (held a discussion and considered appointments to all City of D~nton Boards and Commissions). Council Member Hopkins left the meeting during the discussion of In Re: Flow. 2. The Council received and discussed from the Planning and Zoning Commission formation of a Zoning Ordinance Task Force. a recommendation concerning the Frank Robbins, Executive Director for Planning, stated that this was the recommendation from the Planning and Zoning Commission. The Commission was suggesting a task force of not more than 20 members, with a broad geographic and area of interest representation. Council Member Hopkins stated that she would not have a problem if the Commission could find a way to be representative and yet have a smaller group. Council Member Ayer asked Robbins how long this project might take. Robbins replied a year or two. Parts of the ordinance could be done one at a time such as the Planned Development section. Council Member Alexander was not in favor of doing the ordinance in parts but rather would do it as a whole. After discussion regarding the suggestion of names from the Planning and Zoning Commission, consensus of Council was that the Planning and Zoning Commission would make suggestions for individuals to serve on the task force and the Council would add individuals if desired. The ultimate decision for members on the task force would be by the City Council. City of Denton City Council Minutes June 5, 1990 Page 2 3. The Council received and discussed a submittal to the Department of Housing and Urban Development regarding a final statement of objectives and projected use of funds with appropriate certifications. Curtis Ramsey, Chair-Human Services Committee, stated that suggestions for the projected use of funds had been included in the Council backup. (Exhibit A). As the material had been discussed at an earlier meeting, Ramsey asked if there were any questions from the Council Members. Council Member Alexander asked for an update on the proposed MLK after school action site. Ramsey stated that some of the suggestions such as decentralization of the scholarships to other sites were not feasible due to several reasons, two of which were: (1) some of the action sites were already at maximum in terms of registration and waiting list and this would displace youngsters already signed up to pay the full tuition and (2) transportation problems. Council Member Trent asked if block grant funds were HUD funds and that no City of Denton dollars were involved. Ramsey replied yes. Council Member Alexander stated that he felt the consensus of the Council from the previous meeting was to attempt t© expand the after school action site program scholarship availability. Council wanted to see more money put into scholarships to make certain that low/moderate income children in all of the school sites had an increased access to the program. He felt that perhaps the expansion of the scholarships might be a budget issue for the next fiscal year. 4. The Council was to receive and discuss the revised City Council budget priorities questionnaire. This item was not considered during the Work Session but was held for the regular session under the City Manager's items. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. 21 ABSENT: None City of Denton City Council Minutes June 5, 1990 Page 3 Item #2 was considered. 2. Presentation of the Texas Water Commission Operation and Maintenance Excellence Award. Bob Nelson, Executive Director for Utilities, presented the award to the members of the Utilities Department from the Wastewater Treatment Plant. He stated that the award was for quality operation and maintenance of the Pecan Creek Reclamation Plant. The City had been in competition with all the plants in Texas and was selected as the best operated and maintained plant for plants over 10 million gallons a day of capacity. Presentation of Yard of the Month Awards. Mayor Castleberry presented the following Yard of the Month awards for June: Leon Bingman James McReynolds Donald and Carmen Howard Gene and Rebecca Meyer Andrea and Neal Slater 4. The Council received a citizen report from Becky Kroll regarding the Parkway Children's Memorial Greenspace. Ms. Kroll stated that the greenspace project was a memorial for five children of the England family who were killed in a car accident. The children lived on Parkway in a house on the proposed site. She stated that there were four objectives they were working for: (1) to raise money to purchase the property of the house where the children lived, donate the property to the City and create a memorial greenspace, (2) improve public safety on a corner where many accidents occurred, (3) beautification of the City, and (4) create a permanent fund in the name of the children to help battered and abused children. She asked for a resolution of support from the Council regarding their project. 5. The Council was to receive a citizen report from Barbara Tolleson regarding high weeds and grass in the Emerson Street area and the mowing of lots. Ms. Tolleson withdrew her request to speak before Council. The Council returned to the regular agenda order. City of Denton City Council Minutes June 5, 1990 Page 4 1. The Council considered approval of the minutes of the regular meeting of April 17 and May 1, 1990; the special call meeting of May 8, 1990; the regular meeting of May 15, 1990; and the special call meeting of May 22, 1990. Hopkins motioned, Gorton seconded to approve the minutes as presented. Motion carried unanimously. 6. The Council received a citizen report from Warren Hoffpauir regarding high weeds and grass in the Emerson Street area. Mr. Hoffpauir stated that there was a problem in the area with high weeds and getting the weeds mowed. The neighbors understood the procedure but the problem was with the property owner. The property owner was out-of-state and the procedure took several weeks from beginning to end. At the end of the procedure, the weeds could be several feet high. He was requesting a consideration of a change of the code regarding out-of-state property ~owners or those who lived out of the City so that the lots would be mowed regularly. They were not asking for a manicured lot but to have it mowed on a regular basis. The area had many rats, mice, snakes and mosquitoes due to the high grass. There were twelve lots in question. Council Member Alexander questioned if the ordinance could not be structured so that repeated violations would be dealt with quicker. Mayor Pro Tem Boyd suggested fines for repeated violations. Lloyd Harrell, City Manager, stated that most cases received never reach an actual violation. The weeds would be reported and due process would follow with a 10 day notice to abate the nuisance prior to the time the City was authorized to mow. The problem was the 10 day waiting period in which the weeds continue to grow and by the time the grass was mowed, it could be three feet high. Council Member Ayer suggested tightening the code enforcement ordinance. After a certain number of violations, something should be able to be done to discourage repetition of the same violation. 7. The Council received a citizen report from Evelyn Cosby regarding high weeds and grass in the Foxcroft Street area. City of Denton City Council Minutes June 5, 1990 Page 5 Ms. Cosby stated that there was a constant battle with the weeds in the area. There was a large delay at times due to the process involved. She suggested that the code be changed so that citizens would not have to call all the time. The vacant lots should be cut on a monthly basis during the spring/summer months. She also stated that mowing easements in the area was also a problem. The residents should be required to keep the easements mowed. 8. The Council received a citizen report from Roland Vela regarding an update on TMPA. Dr. Vela stated that the operation budget for TMPA would be lower again this year. The decrease was due to the refinancing of bonds and the stringent cost controls throughout the Agency. The Agency was still in the process of selling its participation in the Texas Utilities nuclear plant at Comanche Peak. To date, the Agency had received $267 million and still had $268 million to receive. Council Member Gorton asked of the funds still outstanding, were any of those funds earmarked for early retirement of debt service. Vela replied that all of the funds were earmarked for early debt retirement. 9. The Council received a citizen report from Carl Young concerning a flag pole in Fred Moore Park, the C.O.P.S. Program, redistricting District 1, and the general attitude of Black people to the City. Mr. Young stated that to increase voter participation, to generate more citizen participation in government, and to increase minority participation in City government, he was requesting the City Council appoint a citizen commission. The commission would consider adopting a six-one city council election plan. The plan would decrease the expense of running for city council and would increase the probability of minority representation. He asked for a citizen police review board with subpoena power. He would like a change in the alcohol rule in Fred Moore Park. He felt that C.O.P.S. program was a duplication of Parks and Recreation programs. A jobs program was needed. He had evidence of police brutality where he and his son were beaten by the police which he took to court and won acquittal of the case. He was speaking for the majority of the people and was speaking as an elected official. He also wanted a flag pole in Fred Moore Park. He wanted an answer to his statements by June 19, 1990. City of Denton City Council Minutes June 5, 1990 Page 6 10. The Council received citizen report from Ruby Cole regarding the N.I.C.E. program and the C.O.P.S. program. Ms. Cole, Chair - N.I.C.E. and C.O.P.S., stated that reports that the C.O.P.S. program was not wanted were~ not true. She presented a petition with 484 names in support of the two programs. The Chief of Police did not select east Denton to experiment with. The citizens were tired of the things that were going on in southeast Denton and especially in Fred Moore Park. Her understanding was that a park was for the enjoyment of children and their families which was not the case in Fred Moore Park. Some of the residents wanted to so something about the situation and went directly to the City Manager's office. The program began in April of 1988 with the help of Chief Jez and was implemented in December of 1988. There were goals and objectives with the program. The committee had met every second Monday since 1988. The main purpose of the group was to make sure that activities happening in Fred Moore Park did not happen at the Martin Luther King, Jr. Recreation Center. She felt t~at today the neighborhood was a much nicer neighborhood and was much cleaner. Besides the C.O.P.S. program, a program was implemented to clean up the neighborhoods. The residents did not want drinking in the park under any circumstances. 11. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Appendix B - Zoning of the Code of Ordinances by adding a new use, Correctional Facilities, to the schedule of uses. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins, stated that the ordinance defined correctional facilities and added it to the table of permitted uses in the zoning ordinance. The proposed ordinance would authorize by specific use permit, correctional facilities, in the agricultural, light industrial, heavy industrial district and in planned development districts. Because they were authorized by specific use permits in three districts and also by a planned development, every correctional facility whether an expansion of an existing facility or a new facility, would have to be approved by the City Council after review of the detailed site plan. City of Denton City Council June 5, 1990 Page 7 Council Member Gorton asked a different course of action Robbins replied that any ty~ would have to follow the same The following ordinance was ¢ NO AN ORDINANCE OF TH] APPENDIX B - ZONI5 ADDING A NEW USE TO PENALTY IN THE M~ VIOLATIONS THEREOF; Hopkins motioned, Gorton sec roll vote, Trent "aye," Alex "aye," Ayer "aye," Boyd "ay Motion carried unanimously. 12. Consent Agenda Council Member Trent reque: special consideration. Hopkins motioned, Ayer secon with the exception of Item 12 A. Bids and Purcha 2. Bid #1106 3. Bid ~1103 4. Bid #110~ Miscellane Item 12.A.1. was considered. Council Member Trent asked uniforms so that they were officer receive more than he Mike Jez, Chief of Police, ~ five summer shirts, five wint additional equipment needed s point, every time they had required requesting that th~ form was approved by the s basis - the old item had to b inures if a private enterprise would have to follow. ~e of facility, private or public, conditions. onsidered: 90-078 CITY OF DENTON, TEXAS, AMENDING G OF THE CODE OF ORDINANCES BY THE SCHEDULE OF USES; PROVIDING A %XIMUM AMOUNT OF $2,000.00 FOR AN PROVIDING AN EFFECTIVE DATE. onded to adopt the ordinance. On ~nder "aye," Hopkins "aye," Gorton and Mayor Castleberry "aye." ~ed Item 12.A.1. be pulled for ~ed to approve the Consent Agenda .A.1. Motion carried unanimously. se Orders: Water Meters Westview Trail - 1989 CIP Replacement of us Water and Sewer Lines about the procedure for issuing not given out incorrectly and an ~as entitled to receive. ;tated that new employees received er shirts, five pairs of pants and uch as rain coats, etc. From that a replacement item, a form was uniform item be replaced. The ]pervisor and was on an exchange exchanged for the new item. City of Denton City Council Minutes June 5, 1990 Page 8 Council Member Trent asked if the amount estimated to be spent on the uniforms was not used, was the amount carried over to the next budget year. Jez replied that there was no carry over from one year to the next. The budget figures for the current year were low and would be higher next year. New employees still were not outfitted with uniforms and the Department was not able to purchase uniforms because of the bidding process they were currently involved with. City Manager Harrell stated that the bid was on the unit price basis and would be for a year period of time. Council Member Trent stated that he was looking for some confidence in the fact that this was not something that was distributed without some sort of scrutiny. Alexander motioned, Hopkins seconded to approve Consent Agenda Item 12.A.1. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #1111 - Police Uniforms 13. 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. (9.A.1. - Bid #1111, 9.A.2. - Bid ~1106) The following ordinance was considered: NO. 90-079 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. Boyd motioned, Gorton seconded to adopt the ordinance. vote, Trent "aye," Alexander "aye," Hopkins "aye," "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry Motion carried unanimously. On roll Gorton "aye." B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (9.A.3. - Bid #1103, 9.A.4. - Bid ~1104) 28 City of Denton City Council Minutes June 5, 1990 Page 9 NO. 90-080 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. Gorton motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins 'aye," Gorton "aye," Ayer "aye," Boyd "aye,' and Mayor Castleberry "aye.' Motion carried unanimously. Item 14.A. was considered. 14. Resolutions A. The Council considered approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a final statement of objectives and projected use of funds with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended. (The Community Development Block Grant Committee recommended approval.) Council Member Alexander stated that he was getting clarification that the recommendation from the CDBG Committee was that the Martin Luther King, Jr. Recreation Center program be funded at the level recommended and that a decision relating to additional scholarships for the other action sites be delayed until a later point in the budget process. Lloyd Harrell, City Manager, stated that the Block Grant Committee and the Parks and Recreation Board had considered three different alternatives in response to the Council's request. The alternatives were (1) continue with the original recommendation, (2) offer a number of scholarships to some of the outlying school sites and then reduce the number of children who could be accommodated at the MLK Center, and (3) not open the MLK site and distribute scholarships. The third alternative was rejected simply because it would not qualify for Block Grant funding since it did not offer any new city services. Both groups recommended that 34 slots at MLK be authorized primarily because that was the desire of the neighborhood. Council Member Alexander stated that this type of program was a wonderful program for children in low/moderate income levels where there might not be adequate supervision after school. City of Denton City Council Minutes June 5, 1990 Page 10 Council Member Gorton stated that he was concerned that this type of program might generate "equal but separate" programming. Ramsey replied that that was not the intent of the program. It was a reflection of the reality of the demographics of the area. The need was overwhelming at the location. In regards to having scholarships for such youngsters at other school sites, the transportation problem came into play. Council Member Gorton also questioned the liability of the child walking from the bus stop to the Center and who had responsibility for liability between the bus stop and the Center. Ramsey replied that if the School District had responsibility to return the children to their residential stop-off point and those children were identified as part of the action site program, then instead of the children being left off at an intermediate point, they would be delivered to the action site. The School District was reluctant to make those exceptions for fear of multiplying requests for alternate stops. Mayor Pro Tem Boyd asked if the Fred Moore Day Care Center were to close, could some of the CDBG money be spent to improve the Center so it would not close. Barbara Ross replied that an amendment would have to be done to the ordinance to substitute that project for an approved project. The following resolution was considered: R90-025 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974t AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Alexander seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "ayet" Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. The Council returned to the regular agenda order. 30 City of Denton City Council Minutes June 5, 1990 Page 11 13. Ordinances C. The Council considered adoption of an ordinance establishing classified positions in the Fire Department of the City of Denton, Texas; providing for the number of persons authorized for each classified position; and repealing all ordinances and resolutions in conflict herewith. Lloyd Harrell, City Manager, stated that this item fulfilled civil service requirements and eliminated one authorized battalion chief position from the list of positions within the Fire Department. This followed the Chief's philosophy of trying to reduce the number of top management people within the department and push the decision making process down within the department. Council Member Gorton stated that a position was not being eliminated nor an individual. John Cook, Fire Chief, stated that there had been a retirement and a promotion in the department which resulted in the vacancy. The following ordinance was considered: NO. 90-081 AN ORDINANCE ESTABLISHING CLASSIFIED POSITIONS IN THE FIRE DEPARTMENT OF THE CITY OF DENTON, TEXAS; PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED FOR EACH CLASSIFIED POSITION: REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Boyd seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye,~ and Mayor Castleberry "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing assignment pay for Fire Department employees who are also assigned to perform the duties of data entry clerk, shift training officer, and who are all assigned to perform the duties necessary to maintain the arson task force. The following ordinance was considered: NO. 90-082 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF DATA ENTRY CLERK, SHIFT TRAINING OFFICER, AND WHO ARE ALL ASSIGNED TO PERFORM THE DUTIES NECESSARY TO MAINTAIN THE ARSON TASK FORCE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes June 5, 1990 Page 12 Boyd motioned, Gorton seconded to adopt the ordinance. vote, Trent "aye," Alexander "aye," Hopkins "aye," "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry Motion carried unanimously. On roll Gorton "aye." E. The Council considered adoption of an ordinance amending Chapter 9 1/2 ("Fair Housing") of the Code of Ordinances by providing that discriminatory housing practices based on handicap or familial status, as defined herein, were unlawful; and providing for a maximum fine of ~500.00 for violations thereof. Barbara Ross, Community Development Coordinator, stated that this ordinance amended Chapter 9 1/2 of the Code of Ordinances and would include families and the handicapped in the protected classes in the fair housing ordinance. It would also provide guidelines for developers and builders on how to provide handicapped accessibility for the covered multifamily dwelling units. Council Member Gorton asked who did the inspections and where were the specifications written. Ross replied that there were federal guidelines detailing the specifications. Council Member Gorton asked if the fines were for denying an applicant or for not following the specifications. Ross replied for not following the construction guidelines. Council Member Gorton asked if the fine was per violation. Debra Drayovitch, City Attorney, replied that a fine could be assessed per violation. Council Member Trent asked if the fine would be for a willful violation or for someone who' unknowingly made a violation due to the fault of a subcontractor or who did not know of the regulations. Ross replied that the ordinance would apply to all new construction which would be ready for occupancy on or after March 13, 1991. It would be up to the City's Building Code Department to make sure that individuals who applied for that type of permit would know the regulations. City Manager Harrell stated that the standards were already adopted as part of the building code of the City. When the inspector went out to inspect the properties, he would treat it as any other inspection. The fines would apply only if the contractor refused to comply with the building code after a red tag. 31 City of Denton City Council Minutes June 5, 1990 Page 13 Council Member Ayer stated that during the inspection, the builder could correct any error before the issuance of a certificate of occupancy. If the builder did not make the correction, then he would be in willful violation and a fine could be assessed. The following ordinance was considered: NO. 90-083 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 9 1/2 ("FAIR HOUSING") OF THE CODE OF ORDINANCES BY PROVIDING THAT DISCRIMINATORY HOUSING PRACTICES BASED ON HANDICAP OR FAMILIAL STATUSt AS DEFINED HEREIN, ARE .UNLAWFUL; PROVIDING FOR A MAXIMUM FINE OF $500.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,' Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance amending Section II of the franchise granted to Lone Star Gas Company by Ordinance No. 82-56 to provide for an amended franchise fee to be paid by Lone Star Gas Company for the use of the public streets. John McGrane, Executive Director for Finance, stated that the proposal had been put in the 1989-90 budget. The City had been negotiating with Lone Star Gas Company. Because the franchise agreement ran through the year 2002, any amendment had to be mutually agreed upon. There were two points the City was trying to negotiate with Lone Star - (1) changing the franchise fee from 2% to 3% and (2) changing from an annual payment to a quarterly payment. After months of negotiations, it was agreed that the payment would remain an annual payment and the fee would be increased to 3%. This was the first of three readings in order for the ordinance to become effective. The following ordinance was considered: AN ORDINANCE AMENDING SECTION II OF THE FRANCHISE GRANTED TO LONE STAR GAS COMPANY BY ORDINANCE NO. 82-56 TO PROVIDE FOR AN AMENDED FRANCHISE FEE TO BE PAID BY LONE STAR GAS COMPANY FOR THE USE OF THE PUBLIC STREETS. City of Denton City Council Minutes June 5, 1990 Page 14 Hopkins motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance altering speed zones on Bonnie Brae Street from Scripture Street to U. S. Highway 77 for a distance of 2.5 miles; providing for a penalty of a fine not exceeding two hundred dollars ($200.00); and providing a severability clause. (The Citizens Traffic Safety Support Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that the Citizens Traffic Safety Support Commission had reviewed the item at their February meeting. It was before the Council in early April. At that time, Council instructed the Commission to review the item again after notification of the residents in the area of the proposed change. The Commission held a public hearing on April 30, 1990 with the appearance of one property owner. The Commission confirmed their original recommendation. The following ordinance was considered: NO. 90-084 AN ORDINANCE ALTERING SPEED ZONES ON BONNIE BRAE STREET FROM SCRIPTURE STREET TO U.S. HIGHWAY 77 FOR A DISTANCE OF 2.5 MILES; PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Gorton seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance authorizing the City Manager to execute a supplemental agreement between the City of Denton and Alan Plummer and Associates for consulting services. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that this was the third supplemental agreement with Plummer and Associates in order to obtain a wastewater treatment permit approved through the Texas Water Commission. When the latest copy of the permit was submitted to the Water Commission, the Commission changed the time frame from 180 days to 60 days for the submission of a complete plan for the sludge management program. This shortened time frame was too much for staff to complete alone. 33 3¸4 City of Denton City Council Minutes June 5, 1990 Page 15 Boyd motioned, Gorton seconded to adopt the ordinance. Council Member Ayer asked if the time frame had remained at 180 days, could the City staff had completed the work. Nelson replied yes. Council Member Trent asked what the original $9800 was spent for. Nelson replied the permit had expired in July of 1988 at which time the City was in the process of looking at the possibility of making sales of effluent wastewater from the treatment plant to the two universities for use on their golf courses and to the City for its park system. The Texas Water Commission had held the City's renewal of the permit and were working with the City during that period of time. Alan Plummer was initially hired to assist staff in developing and researching alternatives to the proposed permit renewal draft. Council Member Trent asked what the $6100 would do for the City. Nelson replied that after reviewing the plant expansion schedule, the decision was made to terminate the 12 MGD permit application and to permit for a 15 MGD plant. During that time, the Water Commission had stated that the City had 180 days to complete a sludge disposal plan. However on May 7, 1990, the Commission changed the time frame and the plan must be submitted in 60 days to accommodate the permit review process. While City staff could complete the process in 180 days, it was not able to complete the process in only 60 days. The proposed agreement would complete the process for the City. The following ordinance was considered: NO. 90-085 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ALAN PLUMMER AND ASSOCIATES, INC. FOR CONSULTING SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Boyd motioned, Gorton seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 14. Resolutions A. Item A. was considered earlier in the meeting. City of Denton City Council Minutes June 5, 1990 Page 16 authorizing electrical agreement facilities. The Council considered approval of a resolution the execution of a right-of-way easement for power transmission facilities and a license for a temporary construction area for these (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that the easement was for a 24' wide strip from the entrance gate below the Lake Lewisville Dam down to the outlet works where the hydroelectric turbin would be placed. Along that easement, a 1400 volt transmission line would be built. The easement would be for 50 years which would be the life of the project. The following resolution was considered: NO. R90-026 A RESOLUTION AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY EASEMENT FOR ELECTRIC POWER TRANSMISSION FACILITIES AND A LICENSE AGREEMENT FOR A TEMPORARY CONSTRUCTION AREA FOR THESE FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 15. The Council received a resolution from the Public Utilities Board requesting the City Council to initiate proceedings to affect a change in the Charter of the City of Denton to allow for Executive Sessions for purposes allowed by the Open Meetings Act of the State of Texas. Lloyd Harrell, City Manager, stated that the Public Utilities Board requested that resolution be transmitted to the Council. Council Member Ayer stated the present charter did not have a provision for the Public Utilities Board to have executive sessions. Mayor Pro Tem Boyd stated that it was stronger than that and that the Public Utilities Board shall not have executive sessions. He also stated that three-four months ago he had suggested that a commission be appointed to begin studying charter revisions. 16. Miscellaneous matters from the City Manager. 35 Lloyd Harrell, City Manager, presented the following items: City of Denton City Council Minutes June 5, 1990 Page 17 A. As the next Council meeting would be scheduled for July 3, did the Council wish to postpone until July 10. Consensus of the Council was to postpone until July 10, 1990. B. The Work Session item dealing with the revised City Council budget priorities questionnaire which was not considered during the Work Session included the budget ra.nkings of the new Council Members and deleted the rankings of the former Council Members. 17. There was no official action taken on items considered during the Work Session Executive Session. 18. New Business The following items were suggested by Council Members for future agendas: A. Mayor Pro Tem Boyd presented the Mayor and Council Member Trent with Council pins. B. Council Member Gorton stated that he was disappointed that registration occurred for the next school year prior to the consideration of the CDBG funding and the proposed MLK funding for the after school action site. He would like the report presented a year ago updated regarding the action sites. He would like Council to consider what would be proposed for the current after school action site programs and the funding of scholarships at those facilities. C. Council Member Trent proposed a change in the manner of appointing members to the Boards/Commissions. He suggested inviting the applicants to appear before the Council as a whole where the Council could ask questions of the applicants. 19. The Council convened into the Executive Session to discuss legal matters (considered action in In Re: Flow, considered action on claim of John Hawley, considered action in Conover vs. City, considered action in Kelsoe et. al, considered action in Champion vs. City), real estate, and personnel/board appointments (held a discussion and considered appointments to all City of Denton Boards and Commissions). Council Member Hopkins left the meeting during the discussion of In Re: Flow. City of Denton City Council Minutes June 5, 1990 Page 18 No official action was taken. With no further business, the meeting was adjourned. CIT~Y SECR~TARY CITY OF DENTON BO~~~--- CITY OF DENTON, T~ 3¸7 3271C 38 EXHIBIT A FINAL STATEMENT OF COMMUNITy DEVELOPMEI~ OBJECTIVRS AND PROJECTED USR OF FUNDS The objective of the City of Denton's Community Development Block Grant Program is to support activities which are directed toward the specific objective of development of viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunity, principally for persons of low and moderate income. The City anticipates receiving approximately ~553,134 for its 1990 program year. Proposed activities and objectives are as follows: 1. Housing Rehabilitation ~288,483.00 Continuation of the existing program to rehabilitate substandard houses inhabited by low or moderate income persons living in the City. Objective: To bring existing housing into compliance with housing code and arrest deteriorating neighborhoods in the target area. 2. The Urban Romeeteading Program ~100,000.00 Acquisition of VA and FHA foreclosures. CDBG funds will be used to supplement Section 810 Urban Homesteading Funds. Acquired properties will be conveyed to eligible homesteaders. They will be required to pay all rehabilitation and maintenance costs. Objective: To provide affordable housing for low and moderate income families. To arrest deterioration and promote stabilization of neighborhoods. NLK After School Program ~14,634.00 Subsidies will be provided to low and moderate income families in order to place children at the Martin Luther King, Jr. After School Program. Additional program costs will be paid as needed. Objective: Improvement of public services provided to low and moderate income residents. Denton Police Athletic League ~14,567.00 Payment of sports Participation fees and purchase of equipment for low and moderate income children. Objective: Improvement of public services provided to low and moderate income residents. ~inal Statement 39 Page 2 Denton County Prenatal Cllntc ~24,950.00 Provision of prenatal care for low income women from Denton County. will he used to pay a portion of the salary for an additional nurse-midwife. Funds Objective= Improvement of public services provided to iow and moderate income residents, Administration ~110,500.00 Program management, coordination, monitoring, and evaluation associated with carrying out eligible grant activities. Including= staff salaries; office equipment and supplies; office rent, maintenance, and utilities; administration of rental rehabilitation, emergency shelter grant and human services programs; administration of City's Fair Housing Ordinance and Programs; costs associated with development of an affordable housing program. 0547e