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Minutes November 20, 1990CITY OF DENTON'CITY COUNCIL MINUTES November 20, 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, real estate, and personnel/board appointments (considered an appointment to the Electrical Code Board). 2. The Council received a status report from the '2499 Task Force regarding the work of the Task Force and considered additional funding for the environmental impact statement for Highway 2499 from FM407 to FM2181. Rick Svehla, Deputy City Manager, stated that the Task Force Members from Denton, Bill Utter, Jerry Cott, and Ann Houston, were in attendance to update the Council on the latest developments. Bill Utter reviewed the history of the project. He stated that at the last meeting, the five entities had agreed to urge the Highway Department to adopt proposed Route 4. The five entities in the project included the County of Denton, the City of Denton, the City of Cornith, the City of Highland Village and the City of Copper Canyon. The consultant on the project had stated that additional money was needed for archeological and historical data and water quality and biotic information for the study. The cost would be between $20,000-~30,000. All of the other entities had stated that they did not have any additional funding available to help with the additional costs. The Denton members of the Task Force were recommending the Council authorize the Task Force to proceed with a firm estimate from the consultant on the same funding basis as before. This would mean funding would be provided by the County at 50%, the City of Highland Village at 25% and the City of Denton at 25%. Council Member Gorton stated that in the future the City may need to look at the funding agreement and may contribute more as it would impact the City more than 25%. There may be volunteer funds available from the residents of the City. Utter expressed a concern that the route was ending at FM2181. He felt it needed to continue to the proposed Loop 288 extension. City of Denton City Council Minutes November 20, 1990 Page 2 Council Member Trent asked what was the time frame for the completing the environmental impact study. Utter replied March of 1991 would be when they went to the Highway Department. Council discussed the proposal to continue the project to Loop 288, whether extending the project would hasten the Loop 288 project and funding arrangements. Consensus of the Council was to agreed to continue with the Task Force recommendations. 3. The Council received a report regarding roof conditions on various City buildings and considered giving staff appropriate direction. Steve Brinkman, Director of Parks and Recreation, stated that there were 20 buildings in the City complex. Last year, a roof consultant was hired to look at those buildings and determine the condition of the roofs and a time frame for re-doing the roofs. The study allowed the City of take a methodical approach to repair roofs and also allowed the City to plan and budget for long-term funding obligations. Bruce Hennington, Superintendent of ~uilding Operations, stated that the City needed a preventative maintenance program and the roof area was a good place to begin. Staff performed an in-house study in 1989 but it was missing information in some areas: (1) there were only building plans for 8 of the 20 buildings, (2) knowledge of materials and kind of roof deck, (3) age of roofs and estimate if worth repairing, (4) visual aids on the conditions of roofs, and (5) how to budget for the repairs. Armko Industries performed a roof study in October of 1989 which included (1) a total inspection of every roof including measurements and drawings of the roofs, (2) determination of existing conditions of the roofs, (3) building and/or roof designation on shop drawing as required, (4) project cost estimate, (5) photographs of the roofs and (6) establishment of roof priorities if applicable. The roofs on the Municipal Building and Central Fire Station were in need of immediate attention. The Municipal Building roof had a cement deck with another roof over it. There was water between the two roofs. When the roof was previously repaired, the wrong materials were used. It was proposed to tear the roof off completely and install a new roof. The total cost of this roof would be $131,868. This cost included $137,372 for the repair, $16,995 to remove outdated unused electrical panels, and $5,000 for deck replacement if needed. In addition, ~27,499 would be reimbursed from the Federal Government due to damage occurred in the 1990 rains. City of Denton City Council Minutes November 20, 1990 Page 3 The project would take 35-40 days to complete with a new roof guaranteed by the material manufacturer for 15 years. The Central Fire Station was scheduled for major repair in 1990 and replacement in 1998. However, last winter's cold temperatures destroyed the roof's integrity and was now unrepairable. The cost of this project would be $48,369. Both of these projects would qualify for Certificate of Obligation funding due to the fact that these would not be maintenance projects but rather a total tear-off and new installation. Staff was recommending that both roofs be replaced in the 1990-91 budget year. Total cost would be $180,236. Staff was investigating the advantages of combining this Certificate of Obligation sale with others that would come later in the year. Lloyd Harrell, City Manager, stated that staff was seeking authorization to proceed with the project which would include bringing to Council a proposal to issue Certificates of Obligation in the amount of approximately $200,000 to do both of the roofs. At the same time, bring formal bids.for the projects in order to begin the project. Consensus of the Council was to proceed with staff recommendation. 4. The Council received an update regarding the GIS System. Gary Collins, Director of Information Services, presented the milestones of the GIS System. He stated that the remaining tasks were to evaluate conversion RFP's, recommend a conversion vendor, complete the pilot project, complete conversion of land base and parcel maps, complete building of overall data base with existing automated files and start implementation of analytical applications. Members of the GIS Task Force (Roger Rose, Mike Keeton, Paul Lehrer, and Scott Sires) presented aspects of the GIS system including AML Program structures, future projects, the use of the GIS system and a demonstration of the capabilities of the system. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. City of Denton City Council Minutes November 20, 1990 Page 4 PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: None Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Special Call Sessions of October 23, 1990 and October 30, 1990. Gorton motioned, Alexander seconded to approve the minutes as presented. Motion carried unanimously. The Mayor presented a proclamation for "United Way Week". Yard of the Month Presentations The Mayor presented Yard of the Month presentations for November to: George and Peggy Roach Chris Lathem First State Bank Mayor Castleberry presented the Texas Downtown Association Award for best public/private venture - Center for the Visual Arts. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance approving an increase in the current taxicab rates. John McGrane, Executive Director for Finance, stated that the public hearing and proposed ordinance was in response to the current fluctuation in the oil prices which had an affect on gas prices in the area. The local taxi companies approached the City about increasing the rate. The prior ordinance was written so that every rate change had to be approved by Council. The proposed ordinance set a sliding scale for the rate and gave the City Manager the authority to set the rate in accordance with the price of gas the companies were paying. council Member Gorton asked if it would be po~i~e that one company would be charging one rate and another company charging a different rate· City of Denton City Council Minutes November 20, 1990 Page 5 McGrane replied that the rate was a maximum and any amount below that could be charged. Mayor Pro Tem Boyd asked if periodic checks would be made for lowering the rates. McGrane replied yes that the Risk Manager would determine whether an increase or decrease was warranted based on the records of the companies. Mayor Pro Tem Boyd stated that fuel was not the only basis for expense for the cab companies. McGrane replied that at this point, only the fluctuation of oil prices was a deciding factor. Other factors should come before the City Council. 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. 90-180 AN ORDINANCE OF THE CITY OF DENTONt TEXASt AMENDING SECTION 26-52 (a) OF THE CODE OF ORDINANCES TO PROVIDE FOR THE AUTOMATIC ADJUSTMENT OF TAXI RATES BASED UPON FUEL COSTS; REQUIRING OWNERS TO KEEP RECORDS OF FUEL COSTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF ~500.00 FOR THE VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Trent seconded to adopt the ordinance. On roll voter Trent "ayes" Alexander "ayet" Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "nays" and Mayor Castleberry "aye." Motion carried with a 6-1 vote. B. The Council held a public hearing and considered adoption of an ordinance rezoning Lot 1, Block 1, Shelly Addition located on the south side of Highway 380 (University Drive) approximately 350 feet west of its intersection with Loop 288 from WAr Agricultural District to "GR" General Retail Service District. (The Planning and Zoning Commission recommended approval.) City of Denton City Council Minutes November 20, 1990 Page 6 Frank Robbins, Executive Director for Planning, stated that ~ ? ~is was a request for rezoning which the Planning and Zoning Commission had unanimously approved as it was in accordance with the Denton Development Plan policies. In 1973 the City Council approved the rezoning of the site from Agricultural district to Commercial district, however, no ordinance was passed or approved, thus making an invalid rezoning. The Planning and Zoning Commission recommended approval of the rezoning to the General Retail Service District in order to accommodate the use of an auto parts store. The Mayor opened the public hearing. Rob Raynor, representing Tom Fours Realtors, stated that they were working with the developer to build a Parts Plus Automotive Center on the site. He requested Council approve a General Retail zoning for the property. Council Member Gorton asked if the detailed site plan and plat would come before Council. Robbins replied that the property had been recently platted and had been before the Planning and Zoning Commission. The Council would not see a detailed plan for the site. Council Member Gorton expressed concern about repairs being done on the site. He wanted to be sure that any repairs were not done on the street side nor would there be temporary storing of vehicles on site. Reynor replied that this was strictly a parts store and that no repair work would be done on-site. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 90-181 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) TO GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR LOT 1, BLOCK 1 OF THE SHELLY ADDITION LOCATED ON THE SOUTH SIDE OF HIGHWAY 380 (UNIVERSITY DRIVE), AS IS 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. City of Denton City Council Minutes November 20, 1990 Page 7 Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander 'aye," Hopkins "aye,' Gorton 'ayet' Ayer 'aye,' Boyd 'ayet' and Mayor Castleberry 'aye." Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance amending Article 17 of Appendix B-Zoning of the Code of Ordinances relating to signs; providing for the creation of a Sign Board of Appeals to hear appeals, variances, and special exceptions; providing for an alternative method of measuring sign height; amending provisions for special exceptions; amending Article 23 of Appendix B-Zoning to delete authority of Board of Adjustment to hear cases involving signs. (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning, stated that the proposed ordinance changed (1) measuring the height of a sign, (2) created a Sign Board of Appeals, (3) added "ground' as a possible view obstruction, and (4) repealed the Board of Adjustments' powers pertaining to Article 17. He stated that the current method of measuring the height of a sign was from the curb line. The sign may be in a valley below the curb but would still be measured from the curb. If the sign were on a slope, the height of the sign would still be measured from the curb line. The proposed way to measure the height of the sign would be either the higher of measuring from the curb or measuring from the ground to the tallest part of the sign. If the sign were on a hill, it would be measured, under the proposed ordinance, by measuring from the ground as opposed to the going down to the curb. The second part of the ordinance dealt with appeals, variances, and the Sign Board. The Board would consist of five members appointed by the City Council. Robbins detailed the powers and duties of the Sign Board. He stated that the application fee for a variance would be $100 and all others would be ~50. Council Member Ayer questioned the language "hear and decide" in relation to the powers of the Board. Debra Drayovitch, City Attorney, stated that that wording tracked the language for the Board of Adjustment from the state legislature. Council Member Ayer questioned the language on page three relating to variances in which it stated "application provided by the City". He assumed the City would not be completing an application for a variance, it would merely be supplying the form. City of Denton City Council Minutes November 20, 1990 Page~8 City Attorney Drayovitch replied that the wording could be clearer if the words "on a form" were inserted. Council Member Trent asked if a definition of "natural" ground were in the ordinance. Robbins replied that it was not in language of the special exception section. Council Member Trent stated that if that was the interpretation meant by the ordinance, he would suggest including it in the ordinance for clarity. He asked if the wording of the ordinance had been presented to members of the business community who might be in a position to use the ordinance in the future. Robbins replied that approximately 30-40 people had reviewed the ordinance and perhaps more. The Mayor opened the public hearing. Jerry Cott, Chair-Government Relations Committee-Denton Chamber of Commerce, stated that they endorsed this part of the sign ordinance. He stated that the proposed ordinance had been widely thought through. It was only the first part. They, at the Chamber, believed that the sign ordinance that was being worked on was the most anti-business ordinance that the Council had ever produced and were trying to change it. They were responsible citizens who wanted to live in a beautiful community but at the same time, needed to do business. They were terribly restricted by the sign ordinance as it now existed. They endorsed this ordinance. They did not endorse it at Planning but with the help of the Mayor and City Attorney were pointed to parts of the City Charter which allowed the ordinance to work. They looked forward to the second part of the revisions. A1 Lissberger stated that the "natural" grade would be effective to stop abusers trying to get around the height restrictions. He stated that at times, fill may become the natural grade. He stated that foundation should be considered in some cases at "natural" grade. No one spoke in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes November 20, 1990 Page 9 Council Member Alexander questioned the process with the Board of Adjustment. Robbins replied that an appeal would be made at District Court regarding a decision of the Board of Adjustment. Council Member Alexander' asked if either party could appeal to the District Court. City Attorney Drayovitch state~ that three parties had the right to appeal: (1) the person making the appeal, (2) the neighbors affected by the decision, and (3) the City. Council Member Gorton asked if the Court of Record would displace the District Court. City Attorney Drayovitch replied that an appeal would still go to the District Court. Discussion continued with concerns regarding powers of the Board dealing with meeting days and times, compelling attendance at the meetings and the possibility of making changes at a later date when the second part was considered. Council Member Alexander asked why a separate Sign Board was needed and why the Board of Adjustment was not used. Robbins replied that this was a specialized issue while the Board of Adjustment dealt with a broad area of issues. This was a narrow interest subject with the need of people who had expertise in signs. The following ordinance was considered: NO. 90-182 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 17 OF APPENDIX B-ZONING OF THE CODE OF ORDINANCE RELATING TO SIGNS; PROVIDING FOR THE CREATION OF A SIGN BOARD OF APPEALS TO HEAR APPEALS, VARIANCES, AND SPECIAL EXCEPTIONS; PROVIDING FOR AN ALTERNATE METHOD OF MEASURING SIGN HEIGHT; AMENDING THE PROVISIONS FOR SPECIAL EXCEPTIONS; SETTING FEES FOR APPLICATIONS TO THE SIGN BOARD OF APPEALS; AMENDING ARTICLE 23 OF APPENDIX B-ZONING TO DELETE THE AUTHORITY OF THE BOARD OF ADJUSTMENT TO HEAR CASES INVOLVING SIGNS; PROVIDING FOR A MAXIMUM PENALTY IN THE AMOUNT OF ~2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes November 20, 1990 Page 10 Trent motioned, Hopkins seconded to approve the ordinance with the following amendments: (1) Page 3, 4.(a) "application on a form provided by the City", (2) adding the word "natural" to ground description. Jerry Cott stated that there needed to be a perception of fairness to the business person in getting a hearing if he/she felt that he/she had not been treated correctly. What was trying to be done was to make it very easy to get an appeal to the Board and very difficult to put one over on the Board. Council Member Alexander felt that it might be very difficult to fill a Sign Board with totally objective people on this topic. Whereas, a Board of Adjustment, with a whole range of subjects, might be easier to appoint and to get objective decisions relating to signs. He felt that a Sign Board might become too specialized. Cott replied that he hoped the Board would be made up of people who had no background in signs. That would be the best kind of Board to have. Council Member Hopkins stated that the Board could not be made up of sign people due to a conflict of interest. City Attorney Drayovitch replied that the potential conflict would come when that particular business person had a matter which would be coming before the Board. Council Member Trent asked if there would be a time limit on the Appeal Board. Would it cease to exist when the revisions of the ordinance were completed. Cott replied that the ordinance would be constantly changing. He felt that the first year, the Board would be very busy and would be slower in later years. Mayor Pro Tem Boyd felt that a definition of "natural ground" should be included and proposed the following wording: "natural ground level shall include fill necessary to return the site to level before acts of erosion or other natural acts". Mayor Castleberry asked if that would be an acceptable addition to the main motion. Council Member Trent replied yes. Council voted on the main motion. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "ayet" Boyd "aye,' and Mayor Castleberry "aye." Motion carried unanimously. City of Denton City Council Minutes November 20, 1990 Page 11 D. The Council held a public hearing and considered approval of a variance to Article 4.04, Section 3, Paragraph 1 of the Subdivision and Land Development Regulations relating to the dedication of thoroughfare right-of-way. (Property located at 1507 Mingo, northwest of Mingo's intersection with Ruddell - (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning, stated that this application was made by A & L Construction, Co. for a variance on the design standards for thoroughfares. The applicant was requesting not to be required to dedicate a 10' right-of-way but provide an easement for drainage, utilities and a sidewalk in its place. The applicant met all of the requirements for the variance which included (1) granting the request would not violate any master plans - Mingo Road could be constructed as a four-lane undivided street within the existing 50'right-of-way if a 10' sidewalk, drainage and utility easement were dedicated, (2) the special or peculiar condition upon which the request was based relate to the topography, shape or other unique physical features of the property which were not generally common to other properties - a 10' right-of-way would leave only 15' between the existing townhomes and the right-of-way which would be undesirable to the residents and cause monetary damage to the property, (3) the special or peculiar conditions upon which the request was based did not result from or was not created by the owner's or any prior owner's action - as a result of ordinance revisions made since 1983 when the townhomes were built, the condition had occurred. Council Member Gorton asked if adjacent property would be in a similar situation. Robbins replied it would be a similar situation if it needed to be platted at a later date. The Mayor opened the public hearing. A1 Lissberger stated the property had been started prior to the regulations regarding right-of-way. It would be detrimental to the rental of property in that area if the regulations were enforced. He felt that an easement would satisfy the needs of the City. No one spoke in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes November 20, 1990 Page 12 Boyd motioned, Ayer seconded to grant the variance based on the conditions presented by the Planning and Zoning Commission: (1) Since the proposed easement was equal in size to what the dedication would be, the granting of the request would not infringe on the City's ability to implement the Denton Development Plan, (2) the location of an existing structure and its front door very near the right-of-way, if dedicated, was a condition not common to other properties being platted, and (3) the owner began the development in 1983 prior to the requirement to plat and dedicate right-of-way, but was not affected by regulations enacted since that time. 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 held a public hearing on the proposed annexation of 1367.12 acres located east of and abutting I35W at the intersection of Allred Road, west of Bonnie Brae and abutting and south of Hickory Creek. (Second Hearing) The Mayor opened the public hearing. Mike Reynolds, H. S. Miller, stated that they were involved with 450 acres of the annexation and were in favor of the annexation. He expressed desire to.~ave annexation and zoning done at the same time. Ron White, Perot Group, stated that they were involved with the remainder of the annexation. He also asked for simultaneous annexation and zoning for active marketing of the property. No one spoke in opposition. The Mayor closed the public hearing. Consent Agenda Ayer motioned, Gorton seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #1154 - Brochures for Parks and Recreation 2. Bid #1166 - Electric Meters, Current Transformers, Meter Sockets 3. Bid #1172 - Vibrating Roller 4. Bid ~1153 - Bell, Mingo & Scripture Drainage City of Denton City Council Minutes November 20, 1990 Page 13 5. Bid #1159 - Heritage Oaks Roofing 6. Bid #1168 - Tree Trimming B. Plats and Replats Consider the preliminary plat of the Greenwich Village Townhomes Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommended approval.) 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. (5.A.1. - Bid #1154, 5.A.2. - Bid #1166, 5.A.3. - Bid ~1172) The following ordinance was considered: NO. 90-183 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, 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. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.4. - Bid #1153, 5.A.5. - Bid #1159, 5.A.6. - Bid #1168) The following ordinance was considered: NO. 90-184 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. Hopkins 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. City of Denton City Council Minutes November 20, 1990 Page 14 C. The Council considered adoption of an ordinance approving payment of the City of Denton's share of the annual administrative fee for participation in the Upper Trinity Regional Water District; and authorizing the expenditure of funds therefor. (The Public Utilities Board recommended approval.) The following ordinance was considered: NO. 9~-185 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING PAYMENT OF THE CITY OF DENTON"S SHARE OF THE ANNUAL ADMINISTRATIVE FEE FOR PARTICIPATION IN THE UPPER TRINITY REGIONAL WATER DISTRICT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; 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. D. The Council considered adoption of an ordinance approving an agreement between the City of Denton and the Upper Trinity Regional Water District providing for interim wastewater treatment services. (The Public Utilities Board recommended approval.) The following ordinance was considered: NO. 90-186 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT PROVIDING FOR INTERIM WASTEWATER TREATMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. Trent motioned, Alexander 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 approving an amendment to the interim wastewater disposal contract between the City of Denton and the City of Argyle extending the contract term to June 30, 1991. (The Public Utilities Board recommended approval.) City of Denton City Council Minutes November 20, 1990 Page 15 Bob Nelson, Executive Director for Utilities, stated that this ordinance would extend the time frame for the current contract with the City of Argyle. Council Member Ayer asked for the reason for the extension. Nelson replied that the progress of the project had not been as fast as they thought when Argyle first entered into the contract. Council Member Ayer asked how long the extension would be. Nelson replied that it would be extended to June 30, 1991 bringing seven trucks per week to Denton. Council Member Ayer expressed concern that the contract would be continued to be extended as Argyle initially did not want to sign a contract with the Upper Trinity Regional Water District. Nelson replied that the prior action taken by Council was a contract with the Upper Trinity Regional Water District which allowed Argyle to bring the waste into Denton's system. Argyle had already signed the contract with the Upper Trinity Regional Water District. The following ordinance was considered: NO. 90-187 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE PROVIDING FOR INTERIM WASTEWATER DISPOSAL SERVICES; AND PROVIDING AN EFFECTIVE DATE. Ayer motioned, Boyd seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "ayet" Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance amending Chapter 12 of the Code of Ordinances relating to notice, abatement, and the levying of the cost of abatement against property where the owner thereof fails to keep the property free-of garbage, trash, rubbish, high grass and weeds or fails to clear a migratory bird roost, as required by Chapter 12; providing for appeals from assessment; and providing a severability clause. City of Denton City Council Minutes November 20, 1990 Page 16 Cecile Carson, Administrative Analyst, stated the the proposed ordinance would enable the City to recover the costs associated with the removal of trash, debris or garbage when the owner failed to keep the property free of this material. Currently a trash and debris violation was only enforceable, after proper notice to the property owner, with a written citation. While the citation was being processed through the court system, the trash and debris violation remained on site. Information related to notice, recovery of costs, and assessment of an administrative fee had been combined into one section which covered grass and weeds, trash and debris, and migratory birds. The amendment placed all the related sections together since the procedure was the same in each case. Mayor Pro Tem asked if the cost included the $80 administrative fee plus the cost of clearing the property. Carson replied yes. Council Member Ayer stated that a lien would be placed on the property only if there was no compliance after the 10 day notice. That still did not solve the problem of a repeat offender. Carson replied that some community service groups were donating hours to clean up areas of repeated offenses and those who could not afford to clean up the property themselves. City Manager Harrell stated it was investigated for the possibility of some kind of shortened procedure for repeat offenders. The problem encountered was the necessity, by law, to give proper notice to abate a nuisance prior to the City having the authority to do so itself. Staff had been unable to come up with an alternative so as to handle these repeat offenders. Council Member Hopkins felt that it was not fair to place a lien on a property after only a 10 day notice. A property owner could be on vacation and not receive the notice in a timely manner and return 'to find a lien on his property. Council Member Ayer stated that there was a longer time frame than 10 days before the lien was actually placed on the property. City of Denton City Council Minutes November 20, 1990 Page 17 The following ordinance was considered: NO. 90-188 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES RELATING TO NOTICE, ABATEMENT, AND THE LEVYING OF THE COST OF ABATEMENT AGAINST PROPERTY WHERE THE OWNER THEREOF FAILS TO KEEP THE PROPERTY FREE OF GARBAGE, TRASH, RUBBISH, HIGH GRASS AND WEEDS OR FAILS TO CLEAR A MIGRATORY BIRD ROOST, AS REQUIRED BY CHAPTER 12; PROVIDING FOR APPEALS FROM THE ASSESSMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "nay," Gorton "aye," Ayer "aye,~ Boyd "aye,~ and Mayor Castleberry ~aye." Motion carried with a 6-1 vote. G. The Council considered adoption of an ordinance approving a contract between the City of Denton and the City of Bowie for the sale of power and energy. Bob Nelson, Executive Director for Utilities, stated that this contract was similar to the ones wi~h~ Farmersville, and College Station. It was a 10 year contract to begin in January of 1992. This was a full requirements contract and could provide Bowie the option to become a member of the Texas Municipal Power Agency of another joint action entity created by one or more of the Texas Municipal Power Agency Cities. Denton's share would be in the range of $156,000 to $286,000. Council Member Trent asked when the rates would go down as a result of these sales. Nelson replied that they were currently looking at that with a possibility of a slight reduction. Caution was needed with the cost of natural gas. If gas prices remained stable, there was a good possibility of a decrease. Council Member Ayer asked what impact the contracts would have on the timing of the next generating facility to be constructed by TMPA. Nelson replied that the smaller contracts did not have a large impact. Approximately 130 megawatts were being sold with the current contracts and the recent study completed stated that there was approximately 100 more megawatts that could be sold without any adverse impact on the rates. City of Denton City Council MinUtes November 20, 1990 Page 18 Council Member Ayer asked how far the City could go as a private organization in signing contracts to sell power to other cities without being accused of competing with the private sector. Nelson replied that the whole electric utility industry was going through a tremendous turmoil. He felt that in the future there would be energy companies, companies which would only build power plants, etc. The following ordinance was considered: NO. 90-189 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF BOWIE FOR THE PURCHASE OF FIRM POWER AND ENERGY; AND PROVIDING AN EFFECTIVE DATE. Gorton motioned, Boyd seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "ayet" and Mayor Castleberry "aye." Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and County of Denton for the provision of library services. The following resolution was considered: NO. R90-060 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE. Ayer motioned, Alexander 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. Be appointing Authority. The Council considered approval of a resolution members to the North Texas Higher Education 265 266 City of Denton City Council Minutes November 20, 1990 Page 19 John McGrane, Executive Director for Finance, stated that there was an error in the proposed resolution in that the Places indicated should be Place 2 and 4. The following resolution was considered: NO. R90-061 A RESOLUTION APPOINTING MEMBERS TO THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Alexander seconded to approve the resolution with the noted correction regarding Place numbers. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. Mark. McDaniel, Budget Officer, formally presented the Council with the 1990-91 budget. He reviewed the various sections of the budget. Those sections included the addition of a map in the document, major budget changes, a reader's guide, supplemental information such as CIP information, grant budget and a subject index and cross index. Controller. Harrell introduced Cathy DuBois, the City's new 9. There was no official action taken during the Work Session Executive Session. 10. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Trent. stated that the City Manager had formed a Transportation Task Force and felt that was a step in the right direction. 11. The Council did not meet in Executive Session during the regular meeting. With no further business, the meeting was adjourned at 9:17 p.m. City of Denton City Council Minutes November 20, 1990 Page 20 ci~ S~.C~TARY CITY OF DENTONt TEXAS 3318C