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Minutes September 04, 1990144 CITY OF DENTON CITY COUNCIL MINUTES SEPTEMBER 4, 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 Pep Boys vs. City, considered action in claim of Mike Wilson, and considered action regarding construction problems at MLK Recreation Center), real estate, and personnel/board appointments (considered appointment of a voting and alternate voting delegate to the Annual Congress of Cities, considered appointments to the Zoning Task Force and considered an appointment to the Public Utilities Board.) 2. The Council received a presentation and held a discussion regarding proposed water, wastewater and solid waste rates. Bob Nelson, Executive Director of Utilities, presented the steps on rate making which included revenue requirements, functionalization of costs, classification of costs and allocation of costs among customer classes. Allocation of the water costs determined that a 9.35% increase was needed for residential customers, a 12% increase for commercial customers, a 10% increase for raw water customers, and a 3% increase for wholesale customers. A smaller water customer (7500 gallons' per month) with present rates of $20.63 would pay a monthly increase of $1.78 or a rate of $22.40 per month. A larger customer (10,000 gallons per month) currently paid $26.26 and with the proposed increase would pay $27.40, a $2.15 increase. A large customer (40,000 gallons per month) whose current rate was $98.75 would have an increase of $7.65 which was a monthly rate of $106.40. A commercial customer would go from a rate of $95.50 to $105.25 which was a $9.75 increase. The analysis of the existing wastewater rates indicated 1991 revenues of $6,597,482 and expenses of $7,103,691, for a loss of $506,209. With rates as proposed, wastewater revenue would be increased by 9.46%, resulting in a net gain of $106,907. The rate design indicated a 13% increase in residential service, a 5.75% increase in commercial service. The restaurant rate was in the second year of a three year program. The car wash rate was still in a phase-in process. There would still be an exemption for companies with low discharges of pollutants. Council Member Trent asked about water expenditures which had an increase in services and administrative transfers. City of Denton City Council Minutes September 4, 1990 Page 2 Nelson replied that services included purchased water from Dallas which in the budget document had been entered twice resulting in two line items to correct the error. Administrative Transfer was the amount which was figured after all the numbers were in. Bill Angelo, Director of Community Services, stated that a 6% increase across-the-board was being proposed in solid waste service. That would be equal to a $.56 increase for a residential customer. Landfill disposal rates would be raised from $2.81 to $3.00 a cubic yard for all material going into the landfill except for residents depositing items. The increase would raise approximately $200,000 in additional revenue which would be used to maintain the current level of service, accomplish several tasks needed at the landfill requested by the Texas Department of Health and expand the recycling programs. 3. The Council was to hold a discussion regarding a proposed ordinance amending fencing and gate requirements for swimming pools. This item was held for the Regular Session for discussion. 4. The Council held a discussion and gave staff appropriate direction regarding budget issues for the 1990/91 budget year. Lloyd Harrell, City Manager, reviewed information in response to additional questions from Council. (1) Ambulance Fees - Mayor Pro Tem Boyd had asked for more information regarding what other communities were doing and what the effect was when the fees were raised a few years ago. Staff presented statistics regarding those concerns. (2) Savings which would be realized if the positions targeted for delayed hiring were held opened for a full year - Harrell stated that the savings would be $32,000. (3) Number of employees at top of the range and for length of time - Personnel presented a detail of the seven pay plans indicating the number of employees at the top of the range and for how long. (4) Effect, if any, on employee take home pay resulting in the lump sum payment in Alternative ~3 - Personnel presented the detail in each pay plan for an average employee in each pay plan. 1 '4 5 146 City of Denton City Council Minutes September 4, 1990 Page 3 (5) Administrative costs for recreation activities - A recap of a previous survey was included indicating how surrounding cities offset the administrative costs. (6) Equity with regard to sewer rates - The Utility Department would be reviewing that issue with the Public Utility Board. (7) Alternative ~3 pay plan proposal - Clarification regarding Alternative ~3 which did include an adjustment for 100% of the City's employees. (8) City costs for mowing at the Airport - Upon further analysis, staff felt that for the amount of money which was provided in the budget, a Parks employee would be able to mow the Airport on an overtime basis five time per year. Harrell stated that SPAN had submitted a letter to Council indicating the impact that would occur if the funding reduction as proposed in the budget was implemented. Council Member Trent indicated that he had asked the Controller earlier in the day to run some numbers from the budget based on a 10% reduction of some items in the General Fund. Those items included books/magazines, small tools, gas-oil-diesel, uniforms, vehicle maintenance, telephone, special services, travel, dues/publications, Motor ~ Pool replacement, and schools/seminars. (Copy included in the back-up agenda information.) City Manager Harrell stated that staff was now looking to Council on how to proceed. There were two logical ways to look at line item details. One was to go back and compare a detailed listing of all the expenditures which had been approved under those categories. As managers of the departments, it was felt that only legitimate expenditures had been included. The second alternative was to go back to each of the line item categories and present to Council a description of what was included, the policy that the City was operating under and then present alternatives about changes in City policy. He felt that either of those approaches were better than an arbitrary percentage reduction. Council Member Alexander stated that eoutine percentage decreases in any category without careful thinking of the policy and the results was a poor policy and poor planning. He was against that type of reduction. If something was going to be cut, a specific item needed to be cut that the Council and the citizens could see and know what service was cut. City of Denton City Council Minutes September 4, 1990 Page 4 Mayor Pro Tem Boyd asked if cuts were implemented in the electric, fund, water/wastewater fund, that would not be automatically available without an increase in the administrative transfer or allocation to the general budget items. City Manager Harrell replied correct. Mayor Pro Tem Boyd stated that to make the funds available that Council Member Trent was suggesting, the cuts would have to be made plus significantly increase the administrative transfers to those funds. City Manager Harrell replied that legally it could not be done. There was no way to get money from the electric fund back into the general fund. Mayor Castleberry asked how much time was involved in preparing materials for Council consideration of the second alternative. City Manager Harrell replied that if staff worked through the weekend, perhaps it would be available on Monday. Council Members Ayer, Gorton and Hopkins stated that they agreed with the statements of Council Member Alexander. Mayor Pro Tem Boyd agreed with Council Member Gorton in that the Council was proposing a tax decrease or perhaps keeping the current tax rate. He felt it was inappropriate to cut services here and there so that taxes could be cut even more than what was proposed. There was a responsibility to provide services and not to lust cut taxes. A specific item needed to be examined if it were to be cut - why was it being cut, what would be lost, what would be gained and not just cut a line item. Council Member Trent stated that he felt that the budget had not been cut enough where it could still provide services but that the "fat" had been eliminated. Council Member Gorton stated that he did not think it was economically feasible, at this point in time, to bring staff in on overtime to create the kind of numbers asked for in such a short period of time. Council Member Alexander stated that he had received an enormous amount of information from staff regarding the budget. He suggested that if anyone wanted to propose a cut, let that individual suggest such a cut rather than staff trying to prepare such information. He was not in favor of staff, at this point in time, going back and effectively resubmitting a new budget. It was not good policy and not good use of staff time. It was the Council's responsibility now to propose a cut if anyone had one to propose. 147 145 City of Denton City Council Minutes September 4, 1990 Page 5 Council Member Trent proposed a 10% cut in the items he previously presented to Council. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers_, PRESENT: Mayor CaB-tleberry; Mayor Pro Tem Boyd: Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: None 1. The Council considered approval of the minutes of the work session of July 31, 1990. Gorton motioned, Trent seconded to approve the minutes as presented. Motion carried unanimously. The Mayor presented a proclamation for D.A.R.E. Day. 2. The Council received a citizen report from Jo Montague regarding denial of a claim for a lost bicycle. Ms. Montague stated that she was making an appeal for payment for the cost of a lost bicycle. She stated that her claim had been denied by the City's insurance company as the City was not negligent for the loss of her bicycle. Ms. Montague stated the Police Department had picked up her bike after it was reported abandoned. It had since been stolen from the impound yard and she was requesting Council make a motion to have the bicycle replaced. Mayor Pro Tem Boyd stated that the item was not on the agenda as an action item and the Council could only receive Ms. Montague's report. Debra Drayovitch, City Attorney, stated that the City was self-insured and based on the claim representative's investigation, the claim was denied. Public Hearings A. The Council held a public hearing and considered approval of a resolution modifying the Denton Development Plan to change the boundaries of Study Areas No. 23 and 24. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. City of Denton City Council Minutes September 4, 1990 Page 6 No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins, Executive Director for Planning, stated this item and the next were very closely related. He would be speaking for both items. This was a City-initiated zoning case in which the Planning and Zoning Commission directed staff to consider rezoning an area. The resolution would move the 21-acre Fairgrounds site from a low intensity study area to a moderate intensity study area and enable review of the zoning case under the "least intense, most logical" standard of the Denton Development Plan. Council Member Gorton stated that only the Fairgrounds boundaries would be changed. Robbins replied correct. Only the Fairgrounds area would be moved into the moderate activity center. Council Member Trent stated that he understood at two neighborhood meetings, the residents were in favor of commercial zoning rather than general retail. Robbins replied that at the two neighborhood meetings and the public hearings, there was clearly a consensus to prefer straight commercial zoning. A fairgrounds was a use permitted by right in the commercial district. It was not a use that was permitted by right in a general retail district but instead required a specific use permit. The commercial zoning would allow the Fairgrounds to expand and change the site without any other limitations. The concern by staff was some of the uses, by right, in the commercial zoning. The following resolution was considered: NO.~90-047 A RESOLUTION AMENDING THE BOUNDARIES OF INTENSITY AREAS 23 AND 24 OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Gorton seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 149 150 City of Denton City Council Minutes September 4, 1990 Page 7 B. The Council held public hearing and considered adoption of an ordinance changing the zoning classification from single-family (SF-10) to general retail (GR) on a tract of 21 acres immediately west of Carroll Boulevard. (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. The following ordinance was considered: NO. 90-123 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE-FAMILY (SF-10) TO GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR TWENTY-ONE (21) ACRES OF LAND LOCATED ON NORTH CARROLL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; 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." C. The Council held a public hearing and considered amending the Zoning Ordinance to exempt a certain area within the Central Business (CB) zoning district from regulations relating to on-premise consumption of alcoholic beverages and separation between such establishments, and churches, schools, hospitals and residences. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. David Biles, volunteer attorney for the Central Business District, stated that recently there had been a concern about the downtown economic development. The proposed ordinance had to do with on-premise consumption of alcoholic beverages. The current ordinance specifically prohibited the consumption or sale of alcoholic beverages within 300' of a church or 100' of a ~esidence. Recently, a church moved into the Fine Arts Theater on the Square. Also there was currently a move to rent apartments on the second floor of the buildings on the Square. There was concern that economic development in the future might be hampered due to the distance regulation. City of Denton City Council Minutes September 4, 1990 Page 8 No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins, Executive Director for Planning, stated that the Planning and Zoning Commission had recommended approval of the proposed ordinance. The business, church, school or residence all had to be within the proposed area in order for the exemption to be effective. The following ordinance was considered: NO. 90-124 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING A SPECIAL EXEMPTION AREA IN THE CENTRAL BUSINESS DISTRICT: AMENDING THE PROVISIONS OF APPENDIX B - ZONING OF THE CODE OF ORDINANCES TO EXEMPT BUSINESSES SERVING ALCOHOLIC BEVERAGES IN THE SPECIAL EXEMPTION AREA FROM THE REQUIREMENT FOR SPACING FROM HOSPITALS, SCHOOLS, CHURCHES, AND RESIDENTIAL DWELLINGS LOCATED IN THE SPECIAL EXEMPTION AREA; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Gorton seconded ~6 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 held a public hearing and considered adoption of an ordinance amending the development phasing schedule for Planned Development District PD 126 (Lakeview) and providing for an effective date. (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning, stated that this was a second extension for Lakeview which extended the development schedule for five years. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. Illeana Fernandez, RMB Realty, requested an extension of the development schedule for five years. The Planning Commission had recommended approval. Mayor Pro Tem Boyd asked if the first year would be moved back five years or would the last year be extended five years. 151 152 City of Denton City Council Minutes September 4, 1990 Page 9 Fernandez replied that all of the time periods would be extended back five years. She stated it would not take that long but they wanted the option without having to come back and continually extend the time period. M. C. Birch spoke in opposition. He stated that RMB had made a promise of a road connecting Highway 380 and I35. There was a need for that road and the company needed to continue with its promise and build the road on time. The Mayor closed the public hearing. Mayor Pro Tem Boyd asked if the time period could be shortened without having to readvertise. Council Member Hopkins asked why he would want the time shortened. Mayor Pro Tem Boyd replied that much intensity/density had been assigned to that area which would inhibit the development of the area near it. If the property was not going to be developed, it was inappropriate not to allow others who wanted to develop in the area. Council Member Hopkins stated that there was a lot of intensity on Loop 288 and Teasley. In this economic time, there was a lot of difficulty in developing property. She felt that no one else would be able to develop the property. Mayor Pro Tem Boyd stated that five years might be too long of a delay. The last proposal from the group on extending was for one year and now it was up to five years. The economic climate now might require a delay but maybe not a five year delay. The following ordinance was considered: NO. 90-125 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DEVELOPMENT SCHEDULE FOR PLANNED DEVELOPMENT DISTRICT NO 126 (LAKEVIEW); AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Trent seconded to adopt the ordinance. Boyd motioned, Alexander seconded to amend the main motion to change five years to three years. The dates in Attachment I would reflect three year dates instead of five year dates. On roll vote, Trent "nay," Alexander "aye," Hopkins "nay," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "nay." Motion carried with a 4-3 vote. City of Denton City Council Minutes September 4, 1990 Page 10 The main motion, as amended, was then considered. On roll vote, Trent "aye," Alexander "aye," Hopkins "nay," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "nay." Motion battled with a 5-2 vote, E. The Council held a public hearing and considered adoption of an ordinance amending the development phasing schedule for Planned' Development District PD 132 (Southview) and providing for an effective date. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. Illeana Fernandez, RMB Realty, extension of time as it was present time. again asked for an five year not possible to build at the No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 90-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DEVELOPMENT SCHEDULE FOR PLANNED DEVELOPMENT DISTRICT NO. 132 (SOUTHVIEW); AND PROVIDING AN EFFECTIVE DATE. Boyd motioned, Alexander seconded to amend the ordinance to change the five year time frame to three years. On roll vote, Trent "nay," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "nay." Motion carried with a 5-2 vote. adoption of Services. The Council held a public hearing regarding the the proposed 1990-91 City of Denton Program of The Mayor opened the public hearing. Steve Pickett, speaking for SPAN, stated that SPAN was a vital link to Denton and other Denton County communities offering mobility to those who would otherwise be left stranded or homebound or dependent on others for the provision of basic needs which were currently assessable through SPAN transportation. A cut in funding would seriously affect those who could least afford it. A funding cut would result in a decrease in SPAN services and a decrease in quality of life for those who were SPAN riders. 153 154 City of Denton City Council Minutes September 4, 1990 Page 11 A1 Murdock, Executive Director of SPAN, felt that SPAN had improved the quality in life in Denton. He stated that more than half of the money received from the City was in the transportation area. Approximately 28,000 door-to-doo~ trips in Denton were provided each year for older persons. The Handihop program was for persons below 65 years of age with disabilities and provided 11,300 trips during the working hours.' The taxi subcontract was used for weekends and evenings. The money received from the City was used for local matching funds for money from the State. As a result of a cut, SPAN would loose $13,143 in transportation money if the City imposed a 10% cut. That would result in a decrease in services. He requested the Council to fund the full amount requested by SPAN. Marlina Oliveria, a Handihop rider, stated that she depended on SPAN to take her to and from work. If there were a cut in funds, there would be a cut in contracted services which would prohibit her going to work, the grocery store, the library, etc. SPAN services provide independence to the handicapped and she asked that the funds not be cut. Linnie McAdams spoke on behalf of SPAN. She stated that the Board and staff of SPAN had already looked at the budget and were always looking for more ways to get money. Besides taking away transportation, the proposed cuts would lower the quality of life for the elderly and handicapped. Visiting executives to the City would consider such quality of life when considering Denton for a new business location. She asked that the Council look at the choices available. Was everything else in the budget more important than the $4,600 cut in SPAN. She asked the Council not to make cuts to SPAN and to find the $4,600 to restore to SPAN. John Thornton, Denton County Friends of the Family, stated that the shelter was for battered women and children. The shelter was located in Denton and had 22 beds and a 24 hour hotline for crisis intervention. Currently, the shelter received $33°000 from the City which was critical for grant applications from the state and federal government. If funds were cut back in Denton, it would result in cutbacks in grant money available. They already had two grants cut this year and requested the Council provide them with the same amount of money as last year. Mayor Pro Tem Boyd asked if City money was used for matching grants for Friends of the Family. Thornton replied no that the grants they received from the state and federal government were specific to particular programs but very often those grants asked them to pick up part of the additional cost through local funding. City of Denton City Council Minutes September 4, 1990 Page 12 Mayor Pro Tem Boyd stated that if the City were to reduce funding, the reduction would 'not affect the contribution from other agencies. Thornton replied that it would not directly affect the contribution but might affect the shelter's ability to accept certain grants if the grant did not fully fund the requirements necessary to accept the grant. Council Member Hopkins asked if the budget were separate from other places other than Denton or did the budget serve Lewisville and other communities. Thornton replied that it also served Denton County Friends of the Family. from Lewisville and Flower Mound. Lewisville as it was Some support was given Kay Russell spoke for Friends of the Family. She stated that the shelter was given by a private donation and had a very dedicated staff. The funding was essential to make it all work. The services were essential and growing in Denton and Denton County. Ken Gold, Denton Firefighters Association, stated that the group was concerned with the proposals for pay plans. The group would receive the lowest pay raises by all employees. This was due to the fact that only seven or eight of the firefighters were eligible for step raises while most civilian employees in the City would be eligible for up to 5%. Whatever was given across the board was what 90% of the Civil Service firefighters would be eligible to get for the budget year. The Association felt that the only feasible option was Option ~4. They suggested looking at the size of the reserve fund for funding options. Rather than targeting 9.75%, the Association suggested the Council strongly consider a target of 9% in order to finance badly needed salary adjustments in the Fire Department. Council Member Gorton asked for further information concerning the firefighters who would not be eligible for an increase under Option ~4 and if they were the same employees who would not be eligible under Option ~3. Dorothy Damico urged the Council to accept the highest possible amount for funding the human services agencies. In these hard economic times, the need was more for human services. The Human Services Committee was recommending that the Council not institute the budget that would give a 10% cut across the board as many of the agencies would be hurt. Low cost health care was still a number one need in the community. 155 156 City of Denton City Council Minutes September 4, 1990 Page 13 Adrian Anderson, Ann's Haven Hospice, stated that the Hospice had not received City funding for the last two years as they provided health care. They were asking, as that was no longer a restriction, to consider funding as the level requested. The request was determined on the basis of population and would be used for City of Denton residents only. The funding received from the City of Denton was used for matching funding for foundation grants. Jerri Sams spoke for AIDSDenton. She stated that the organization provided a number of services for persons with AIDS. Currently the program was run out of the executive director's home and they were asking for start up funds. She was asking for support of the Council. Future grant money depended on the amount of money received from the communities in Denton County. The Mayor closed the public hearing. G. The Council held a public adoption of the proposed 1990-91 tax rate. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. hearing regarding the Consent Agenda Mayor Pro Tem Boyd left the meeting. Ayer motioned, Hopkins seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #1126 - Microfiche Service 2. Bid #1135 - Crawler Dozier Tractor Bid #1137 - Office Supplies Bid #1127 - C.I.P. Sidewalk 5. P.O. #95641 - Total Abatement 6. P.O. #98811 - CTC City of Denton City Council Agenda September 4, 1990 Page 14 7. Bid ~1069 - Change Order #2 - Jagoe Public 8. Bid ~1104 - Change Order #1 - Atkins Brothers B. Plats and Replats Consideration and approval of the preliminary replat of Green Valley Ranch, Lots 23R and 24R, Block A. (The Planning and Zoning Commission recommended approval.) Mayor Pro Tem Boyd returned to the meeting. 5. 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.1. - Bid #1126, 4.A.2. - Bid ~1135, 4.A.3. - Bid #1137) The following ordinance was considered: NO. 90-127 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. Gorton motioned, Hopkins 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. 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.4. - Bid ~1127) The following ordinance was considered: NO. 90-128 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, Hopkinm m~eond~d 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. 157 158 City of Denton City Council Minutes September 4, 1990 Page 15 C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.6. - P.O. ~98811) The following ordinanCe~was considered: NO. 90-129 AN ORDINANCE PROVIDING, FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; 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. D. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Total Abatement System: and providing for an increase in the contract price. (4.A.5. - P.O. ~95641) The following ordinance was considered: NO. 90-130 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND TOTAL ABATEMENT SYSTEM; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Gorton motioned, Hopkins 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. E. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Atkins Brothers; and providing for a reduction in the contract price. (4.A.8. - Bid %1104) City of Denton City Council Minutes September 4, 1990 Page 16 The following ordinance was considered: NO. 90-131 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND ATKIN$ BROTHERS EQUIPMENT COMPANY: FOR A REDUCTION IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Gorton motioned, Ayer 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." F. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Jagoe-Public; and providing for an increase in the contract price. (4.A.7. - Bid 91069) The following ordinance was considered: NO. 90-132 159 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND JAGOE PUBLIC CONSTRUCTION; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Gorton motioned, Ayer 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." G. The Council considered adoption of an ordinance amending Section 5-176 of Chapter 5, Article V (Building Code) of the Code of Ordinances of the City of Denton relating to fencing and gate requirements for swimming pools; providing for a penalty in the maximum amount of $500.00 for violations thereof; providing for a severability clause; and providing a repealing clause. (The Building Code Board recommended approval.) Lloyd Harrell, City Manager, stated that the firefighters had suggested taking a comprehensive look at the swimming pool ordinance governing private pools to see if changes needed to be implemented to improve the safety of those pools. At the same time, several outside agencies had contacted the City with suGGestions for imDrovinG the City's pool ordinance. 160 City of Denton City Council Minutes September 4, 1990 page 17 Jackie Doyle, Chief Building Official, stated that one of the individuals who had contacted the City was the Director of the Pediatric Intensive Care Unit at Children's Medical Center - Dallas. He asked that the City review the fencing requirements for pools and if necessary, amend the requirements in order to reduce the number of injuries and drownings of small children. With that in mind, the Building Code reviewed the current ordinance as well as several other ordinances from other cities in the area. The current ordinance was very brief and did need to be updated. The current ordinance stated that all private pools needed to be fenced by a five foot fence not easily climbable by small children. The Building Code Board recommended that requirements for self-closing, self-latching gates be added plus a minimum 60" tall fence. Doyle stated that gates should be 4' tall with a latch 40" above exterior grade if located on the pool side of the fence. A latch on the non-pool side of the fence should be 54" above grade and that all gates be self-closing and self-latching. Doors that opened directly to the pool area with only one latching device provided must have the latching device at least 40" above floor and not to exceed 48" above floor. Any accessory building which was part of the pool enclosure could have a door on the pool side or a door on the non-pool side but not on both sides. New pools would have to comply with the ordinance as soon as it was adopted and existing pools would have to comply before May 30, 1991. A list was being complied so as to contact pool owners as soon as the ordinance was adopted. Council Member Hopkins asked for self-closing, self-latching device. a definition of a Doyle replied that it was a spring loading, spring latching device. Discussion was held concerning the definition of a self-latching device, the requirements of only one door available to the pool on an accessory building, possible definitions of accessory buildings and accessibility to a pool through a dwelling. Alexander motioned, Hopkins seconded to postpone action on the ordinance until the next regular meeting to allow additional time for consideration of th~ o~dinan~. 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 approving an agreement between the City of Denton and the Community Clinics for Denton County; and authorizing the Mayor to execute an agreement approving the expenditure of funds therefore. City of Denton City Council Minutes September 4, 1990 Page 18 Council Member Ayer left the meeting as he was a member of the Board of Directors of the organization. The following ordinance was considered: NO. 90-133 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COMMUNITY CLINICS FOR DENTON COUNTY: AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt On roll vote, Trent "aye," Alexander "aye," Hopkins Gorton "aye," Boyd "aye," and Mayor Castleberry "aye." carried unanimously. Council Member Ayer returned to the meeting. Miscellaneous matters from the City Manager. the ordinance. "aye," Motion Lloyd Harrell, City Manager, presented the following items: A. There would be a joint meeting with the School District on September 19 at the Sheraton. B. Frank Robbins presented census information. He stated that the precensus count was short from what the City was estimating. Analysis of the statistics presented by the Census Bureau indicated that the number of total housing units were very close but the major discrepancy was in vacant housing units. A number of data sources such as electricity connections, 911 phones, etc. would be used to indicate whether a unit was occupied. That information would be provided to the Census Bureau. Basically the problem was that there was an undercount in Denton in the occupancy rate. C. Harrell presented a Memo of Understanding between the City of Denton and the Greater Denton Arts Council. He felt this was a win-win situation for both sides. General provisions included: (1) this would be a separate contract that would only govern the Campus Theater; (2) the City would be responsible for the payment of the utility costs (electric, gas, water, wastewater and solid waste) and reimbursement would be made on the basis on a kw usage number for electricity which would encourage the Theater to be energy efficient and also placed a cap on the expenses, payments to begin October 1, 1991; (3) maintenance expenses would have an annual maximum of $5,000 for expenses and the City would check off the maintenance items prior to payment; (4) if GDAC invested a minimum of $75,000 of energy improvements/life cycle improvements into the building, the City would raise the annual maintenance cap to $7,500 per year: (5) GDAC had three years 161 162 City of Denton City Council Minutes September 4, 1990 Page 19 to raise $75,000 and perform the additional improvements; (6) the maintenance expenses would be assumed by the City as of March 1, 1992, however, payment for the expenses would be modified with the utility payments beginning October 1o 1991 and maintenance payments would begin March 1, 1992 - any amount paid for the utility expenses during the period October 1, 1991-March 1, 1992 would delay the start of the annual maintenance expenses; (7) janitorial expenses would not be paid by the City; (8) the GDAC would have title to the Campus Theater; (9) the 1% Laylor fund for the GDAC building fund would terminate in March 1, 1992; (10) the City would be given appropriate recognition on GDAC publicity; (11) in order for the City to grant public money to a private organization, there had to be some type of appropriate service given back to the service in recognition to the funds - in the formal agreement, it would be spelled out what the GDAC intended to do with the Campus Theater which would benefit the public, i.e. Main Street events, children workshops, etc.; and (12) the agreement would be for a 25 year period with yearly appropriation clause. Council Member Ayer stated a concern regarding the use of the Laylor funds. Paragraph III of the agreement stated "1% of the hotel/motel tax for the GDAC building fund would terminate..." That figure was really one-seventh of the tax. It might be wise to change the agreement to reflect the ~ctual figure. City Manager Harrell stated that the formal agreement would be ready for Council consideration at the next formal meeting. 7. There was no official action taken during the Executive Session on the Work Session. 8. New Business The following items were suggested by Council Members for future agendas: A. Mayor Pro Tem Boyd requested a list of what groups besides the Airport and SPAN used City appropriations for matching grants. B. Council Member Trent requested a discussion be placed on the agenda to consider opening the regular sessions with the pledge of allegiance. 9. The Council convened into the Executive Session to discuss legal matters (considered action in Pep Boys vs. City, considered action in claim of Mike Wilson, and considered action ~garding construction problems at MLK Recreation Center), real estate, and personnel/board appointments City of Denton City Council Minutes September 4, 1990 Page 20 (considered appointment of a voting and alternate voting delegate to the Annual Congress of Cities, considered appointments to the Zoning Task Force and considered an appointment to the Public Utilities Board.) The Council convened into open session and took the following action: A. Hopkins motioned, Gorton seconded to appoint Hugh Ayer as Delegate and John Trent as alternate to the Annual Congress of Cities. Motion carried unanimously. With no further business, the meeting was adjourned. 163 SECRETARY CITY OF DENTON 3301C BOB CASTLEBERRY. MAYO~/ /