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Minutes November 27, 1990CITY COUNCIL MINUTES November 27, 1990 The City Council conducted an on-site tour of the Animal Control/Environmental Health facility and Fire Station #5 beginning at 4:00 p.m. The City 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 City Council received a report and held a discussion regarding the Resource Team Report, restructure of Main Street Task Force and pavers project for the Square. Jane Biles, Main Street Manager, highlighted the Main Street Resource Team Report written after a visit of the Resource Team in May 1990. This report can be found on file with the agenda backup in the City Secretary's office. Many of the recommendations made by the Resource Team had already been accomplished while other recommendations were either in progress or in the planning stages. At its October meeting, the Main Street Task Force adopted this report as a guideline for developing a program of work for 1991. The Main Street Task Force revised its Mission Statement. Ms. Biles reviewed the main points outlined in the Resource report. Biles highlighted marketing efforts for the Square, apartments created, efforts to have more university involvement, and combining Jazz Fest and Spring Fling and expanding it into a two-day event in April. The Main Street program had served as a communication vehicle between several community groups and encouraged cooperation on community events. The Square had over a ninety percent occupancy at the storefront level. More was being done to promote the historical aspects of the Square. To increase visibility, signs would be erected to direct visitors to the downtown area. Main Street was also advertising more in the papers as well as working with reporters from the North Texas Daily. New traffic controllers on the Square were going to be installed and painted green to match the existing trash cans. The light standards would also be replaced with period lighting fixtures. As a part of this project, pedestrian pavers would be installed with the aid of private sector donations. Bricks could be purchased at the Main Street Office. Completion of the project was expected within the next eight to ten months. City of Denton City Council Minutes November 27, 1990 Page 2 Rick Svehla, Deputy City Manager, drew a diagram of the traffic islands, the pedestrian paving sections, handicap access ramps, and possible parking configurations. This project would encompass twelve corners, which did not include the inside Courthouse corners. The project would increase total parking by fifteen spaces. The staff would come back to Council with the technical aspects 'of this project. Any excess money made from this project would be designated to beautification projects in this area. A parking study had just been completed in the downtown area and a .written needs assessment survey would be forthcoming with the results being combined in a parking management plan. Main Street received four state awards from the Texas Downtown Association in San Antonio. The holiday lighting event was also very successful. Since the Main Street program had grown, the Main Street Task Force was requesting a restructuring. Herbert Holl and Bob Woodin, two members of the Main Street Task Force, recommended that the organizational structure be changed on the task force. They requested that the group be changed to the Downtown Development Advisory Board made up of eleven members with two of these members from the Central Business District Association. Woodin also requested that the terms be two year, staggered terms. All eleven currently active members had agreed to continue to serve. Council Member Ayer asked if the eleven currently active members represented a broad base. Mr. Woodin responded yes. Ms. Biles requested that eleven people be appointed by the City Council and the Central Business District Association appoint two members in an ex officio capacity. Council Member Alexander noted that comments had been made that the City was anti-business. However, this program was an example of what could be done when a positive attitude was taken by both the City and the private sector in a joint venture. He was very proud of the excellent cooperative efforts that had occurred during the three years of this program's existence. The Mayor inserted an item concerning the street closing associated with the film, "Mittelmann's Hardware." City of Denton City Council Minutes November 27, 1990 Page 3 Betty McKean, Executive Director for Municipal Services and Economic Development, updated the Council on the shooting schedule of the film. Lead actor, George C. Scott had heart problems and had been in a Dallas hospital recovering from an angioplasty. This caused the film to be behind schedule according to the previously approved resolution closing the intersection of Dallas and Eagle Drive. The streets had been closed for five full days and for part of a sixth day. If the Council wished to extend the time period to allow the film to be completed, it would require.a special meeting to pass such a resolution. A meeting had been set for Friday, November 30, at 4:45 p.m. if the Council wished to vote on extending the street closing. The Mayor asked City Attorney Debra that the Council followed the law, published. Drayovitch to make sure since this item was not Ms. Drayovitch advised the Council that there should be no discussion of the item since it was not posted on the agenda, but merely presentation from the staff and responding to questions that Council members might have. The movie company had asked that the street closing be extended until December 10. Council Member Trent asked that additional information be provided as backup with an update on Mr. Scott's condition. Council Member Boyd asked for information on complaints received concerning this street closing. An additional two police officers were hired by the film company to ensure that the area was fully manned. The Council directed staff to present a resolution to extend the street closure at a special meeting on Friday, November 30. 2. The City Council received a report and held a discussion regarding the Beautification Commission's recommendations for sites for the Governor's Community Achievement Award. Jeane Morrison, Chairperson of the Beautification Commission, stated that the Commission had received a ~1000 check from Wal-Mart for beautification efforts in Denton. The Beautification Commission had been meeting with members of City staff and Pat Haigh, Landscape Architect with the State Highway Department, concerning possible sites for using the ~100,000 state landscape grant money. The land must be on State right-of-way. All State/City joint projects currently underway were ellmina~ed. The Commission recommended the three sites in the following order: 1) 1-35E at the intersection of Lillian City of Denton City Council Minutes November 27, 1990 Page 4 271 Miller Parkway and Loop 288; 2) Dallas Drive north of Rio Grande; 3) and the 1-35E and 1-35W merge. The 1-35E site at Loop 288 and Lillian Miller was given priority because of its visibility to Denton and non-Denton residents. This site would also allow the most amount of money to be used for landscape instead of concrete improvements. The Dallas Drive site would require a substantial amount of money to be used for curbing and drainage improvements instead of landscaping. The City also recently received a matching grant to do a median pro)ect on Dallas Drive from the 1-35E service road to Rio Grande. Future Beautification monies might help expand this median project further along Dallas Drive. If the award money were used on the interstate area, the State would maintain the area for three years instead of one year. This was also a consideration in the Commission's decision making. Council Member Trent asked if businesses had been encouraged to landscape the areas near their businesses. Ms. Morrison said that the Commission had investigated ways to accomplish beautification efforts through business voluntarily contributing money or time for landscape projects. These efforts were currently underway. Council Member Hopkins asked that this item be brought back at the December 11 City Council meeting. Council Member Alexander asked if all three sites went to the State for their final consideration. Ms. Morrison answered that the State asked recommendations, but made the final decision. for three Council Member Alexander noted that he understood why the Commission recommended the Loop 288 site, but would like to see the City pursue ways to complete the Dallas Drive project. Ms. Morrison said that the Commission had originally wanted Dallas Drive to be the first choice. However, the State generally did not tie two grant sites together because it caused administrative and budgeting problems as it was funded through the Keep Texas Beautiful project. A tentative schedule for completion of the project was as follows: Site Selection - January 1991 Design - March 1991 Bids - Summer 1991 Planting - October 1991 272 City of Denton City Council Minutes November 27, 1990 Page 5 3. The City Council received a report and held a discussion regarding the landfill operation status and issues relating to the possible sale of the commercial solid waste operations. Bill Angelo, Director of Community Services, presented a history of the Edwards Lane landfill from 1982 until the present. The landfill started receiving garbage in 1985. After tracking the first five months of operation, it was discovered that the volumes received were over double what was anticipated. This had partially led to the problem of a premature closing of the landfill. In 1987, a new closure date was estimated to be October 1994. This was considerably less than the original forecast date of 2010. In 1987, the City Council increased rates at the landfill and residential and commercial rates, to reduce volumes and set aside money to pay for premature closure costs. In July 1988, the Solid Waste Advisory Committee studied the issues involved and presented recommendations to City Council in August 1989. The State had placed the City on several compliance schedules, the most recent being in October 1990. The Solid Waste Advisory Committee recommendations included several major recommendations. The first being to make no changes in the residential service. The second recommendation was that the City become the sole provider of commercial solid waste service. The third recommendation was that the City continue to operate the landfill facility. The fourth recommendation was for the City to pursue the recycling programs. The other major course of action recommended was for the City to replace the landfill when it reached capacity. Based on all the options available, the Committee recommended that the City acquire property for a new landfill. Angelo discussed some of the possible regulations to be contained in the Environmental Protection Agency Subtitle D regulations scheduled to be published in January 1991 with an effective date of July 1, 1992. Double liners and a leachate collection system may be required for cities that have an average annual rainfall of over 43 inches in these new regulations. Denton's average rainfall has been 27 inches up until last year. Groundwater monitoring systems would also be required which Denton currently had. The City might have to test for more constituents than currently done. Gas monitoring systems and daily cover requirements were also part of these regulations which the City had in place. Postclosure requirements were expected to be increased to 30 years for City of Denton City Council Minutes November 27, 1990 Page 6 landfills closing. This had been estimated at a cost of $5,000-10,000 per year. Financial assurance requirements had been omitted from the regulations. Final cover requirements may change in the new regulations. Hazardous waste screening programs would be required which the City already had in place. Council Member Hopkins commented that the recommendations from the Solid Waste Advisory Committee came before the news that additional work would be required on the landfill and the new proposed regulations. Council Member Trent corrected the date that the City was placed on a compliance schedule for the Edwards Landfill site. It should be December 1989. City Manager Lloyd Harrell pointed out that meeting compliance schedules had incurred cost to the City and fairly major unanticipated expenditures out at the landfill to keep in compliance and avoid some State fines. Angelo stated that the Mo$1ey Road erosion problem cost about $89,000 that year instead of the anticipated $10,000. Council Member Trent asked if the commercial landfill operators were subject to the same requirements as cities. Angelo answered yes. Bob Nelson, Executive Director for Utilities, pointed out that because Denton's landfill was located next to the wastewater treatment plant, the City could collect some of the leachate and bring it back to the wastewater treatment plant. He also pointed out that this proximity to the wastewater treatment plant might also make the postclosure requirements less burdensome than if the landfill were further away. Council Member Boyd asked if the hazardous waste requirements included household waste. Angelo answered that household hazardous waste was not currently being addressed specifically but that these requirements would be forthcoming. This might necessitate some special collection activities in the future. An informational brochure was being prepared to send to the public as to where this waste could be disposed. 273 274 City of Denton City Council Minutes November 27, 1990 Page 7 Charlie Watkins, Superintendent of Solid Waste, said that the City sent out the Request for Proposals for the commercial solid waste system early in November. The bid was for the sale of the trucks and equipment and also sent out a Request for Proposals for the sale of the trucks, equipment, accounts and in return the City would grant an exclusive franchise to the successful proponent. The RFP included a five year rate structure. Because two vendors called today to participate in the bidding, the City extended the length of time to receive bids until December 11. Qualified bidders would be selected by December 22, selection and approval of the successful bidder would take place by January 15, and the successful bidder would begin providing service March 1, 1991. Both the bid and the RFP provide for the hiring of the City's current commercial solid waste system employees. The City would also have the authority to direct the waste to the landfill or restrict the commercial provider's use of the City's landfill. City Manager Harrell interjected that after the City Council received the Solid Waste Advisory Report, the Council decided that it needed to collect more information about the worth of the solid waste system before making a final decision. The City took competitive bids for the two alternatives of either selling the equipment and accounts and let them begin to operate in competition with other commercial haulers or sell the equipment and accounts as well ~s to grant that hauler an exclusive commercial franchise. Both these options as well as continuing with the status quo would be presented after all the information had been collected. Council Member Randall Boyd noted that would be to follow the Solid Waste recommendation. a fourth alternative Advisory Committee Council Member Trent commented that another alternative would be not to sell the equipment. He asked why sell the equipment if the City later would have to buy more equipment to pick up recyclables. City Manager Harrell answered that it was something to think about but that generally specially designed equipment was needed to pick up recyclables. Council Member Ayer commented that the City of Austin was going to a one time per week collection. Austin was also issuing residential customers different sized containers and customers would be charged based on the volume of waste which was also to encourage recycling. City of Denton City Council Minutes November 27, 1990 Page 8 Nelson stated that both of these ideas were under investigation. Nelson reviewed some of the financial elements of the three parts of the solid waste system which included the residential system, the commercial system, and the landfill system. He reviewed the number of customers, rates, annual revenue, and annual volume in each of the three systems. City Manager Harrell pointed out that the annual revenue generated from franchise fees from the commercial system turned out to be much less than what was originally anticipated. The City received an estimate from the commercial haulers about how much business they were conducting in Denton and calculated with the eight percent franchise fee. However, the receipts received were not nearly that high. Harrell stated that it appeared that the original estimates received from the private haulers were too high. At some point in the future there would be an audit conducted to ensure that the City was receiving the correct amount of money from the commercial haulers. The proformas of the landfill were set up to break even on a cash basis without accounting for depreciation and equipment costs. Nelson outlined various landfill options. If the City continued at the present landfill site with--both commercial and residential, the landfill would fill by July 1996. If the existing site were expanded in 1996, it would fill by 2003. The cost would be approximately $3.5 million and the rates would increase from $3.50/cubic yard to $5.00/cubic yard. Council Member Hopkins expressed concern about spending a lot more money and expanding the landfill at the existing site when the site was originally forecasted to last much longer than it had. Nelson discussed where the landfill site could be expanded to 3.5 million cubic yards. The rates would go up for commercial and residential customers to approximately $5.00 to $5.50 per cubic yards based on financing the expansion over seven years. Nelson also discussed reducing the total volume by selling the commercial system, which represented 50% of landfill volume, and reducing the contract haulers, which represent 19% of volume. This option would substantially lengthen the existing site to last until 2005. Some of the capital costs would remain and some annual volume costs would go up. A new landfill site would cost approximately $6 million. Joining with the Upper Trinity Regional Water District after 1992 to develop a regional landfill would be another option. Another option would be to haul to the existing Dallas-Fort Worth regional landfill. The rates were presently reasonable. 275 276 City of Denton City Council Minutes November 27, 1990 Page 9 Council Member Alexander noted that the DFW landfill rates may not be reasonable in the future and could not be guaranteed without a long term contractual arrangement. Nelson reviewed the volumes at the landfill based on the different options discussed earlier. Council Member Gorton asked the effect of a major residential development on these forecasts. Nelson replied that some hauling might be diverted to another landfill if necessary. Council Member Boyd asked how soon rate increases would go into effect in the different scenarios. Nelson answered that this would be increased over time, but would happen fairly soon to cover costs. Regulation costs had also been plugged into the forecasts. Money would also be set aside annually to pay for the principal on the debt and to fund closure costs. Landfill expansion costs would be amortized over seven years, the estimated life of the expansion. The proposals that were out for the sale of the commercial system include a provision that would allow the City to either direct the waste to the City's landfill or direct the waste to another landfill. This would be at the City's discretion. There was discussion of the terms of the contract language. The remaining debt on the landfill to date was approximately $1.3 million. The sale of the commercial system would eliminate the transfer to the general fund currently being made. Nelson discussed the effect of the different options on the customer's rates. There was some discussion of one pickup per week and the possible effects. Nelson concluded by saying that the existing landfill should last until 1996 unless volumes skyrocketed. It may also be expanded and handle commercial and residential waste until 2003. Council Member Ayer asked what the impact of increased participation in the Don't Bag It program on the life of the landfill. Nelson commented that if all of yard waste were eliminated, it would reduce landfill waste by approximately eight percent. There was some discussion about different alternatives concerning composting and recycling. City of Denton City Council Minutes November 27, 1990 Page 10 Council Member Alexander spoke about the regional capacity to store solid waste. Council Member Boyd discussed how economies of scale affected Denton's landfill. 4. The City Council received a report and held a discussion regarding tennis/golf driving range fees. Steve Brinkman, Director of Parks and Recreation, stated that the three revenue generating facilities were the tennis center, golf driving range and swimming pool. The revenue objectives were based on a percentage of the cost of the operation. At the tennis center and swimming pool about fifty percent was generated through the general fund and the other half through fees. The golf driving range operation was funded entirely through fees. City Manager Harrell stated that the golf driving range program that began in 1986, was started with the idea that it would be self-supporting without general tax money to operate it. Brinkman reviewed the survey of metroplex golf driving range and tennis fees. There was discussion concerning the manner in which the survey results were rounded. Council Member Ayer stated that his main concern was that tennis was being subsidized at 60 percent, when the survey showed that Denton's fees were the lowest in several categories compared to other metroplex cities. At the same time golf fees had to support the operations 100 percent. Council Member Trent echoed this concern. Brinkman said that the golf fee structure was set up this way when the golf program began. The tennis and swimming programs were much older and had been subsidized at a percentage of the cost. Council Member Boyd noted that at some fee level, people would stop using the swimming facilities and the City might make less money than under the current fees. Council Member Gorton stated that the golf driving range was substandard and could be subsidized to bring it up to an acceptable condition. 277 278 City of Denton City Council Minutes November 27, 1990 Page 11 Executive Director McKean stated that this was a philosophical question for the Parks Board and the City Council. The golf program began as a seed program since it did not have an attraction to the masses and therefore needed to pay for itself in its inception. She said that the program may have now evolved past that point into a core program. City Manager Harrell said that perhaps this should be a budget question in terms of looking at fees to see if Denton was at the metroplex average. This could be taken to the Park Board to implement that philosophy. Council Member Boyd asked that the staff also include the University of North Texas and other area driving ranges in the survey. 5. The City Council received discussion regarding the Legislative 72nd Texas State Legislative Session. a report and held a Review Process for the Catherine Tuck, Administrative Assistant, stated that the 72nd Texas State Legislative Session began January 8, 1991. To monitor important bills, the City Manager's office had subscribed to an electronic computer service from Capitol Information Service, Inc. The information available included committee calendars, governor and lieutenant governor appointments, agendas, and daily House and Senate actions. The Texas Municipal League Legislative Update was a publication written bimonthly before the session began and once a week after the session began. A copy of this information would be sent to City Council members each Friday. Executive Directors and directors will be closely monitoring legislation. Council Member Boyd asked that the City Manager's Office highlight the most important pieces of legislation since so many bills were presented each session. Council Member Gorton asked if the Council would receive a legislative handbook with committee information. Tuck answered that the legislative handbooks for City Council, Executive Staff, and Directors would arrive in late January and then handbooks with updated committee information would arrive in late February. City of Denton City Council Minutes November 27, 1990 Page 12 City Manager Harrell commented that the first organized effort to track legislation occurred last session. The City hoped to become more effective in influencing legislation this session. Periodically, the staff would come to Council with summaries of bills with a proposed position. Most of these bills would be TML bills and the staff would be asking for Council approval of the stated position so that later in the session legislators may be contacted quickly with Council consensus. Council Member Alexander asked included texts of the bills or Austin. if the electronic service if they were obtained from Tuck answered that the bills would be ordered by phone from Capitol Information Service. 6. The City Council received a report and held a discussion regarding the television broadcast of City Council meetings on the Sammons Cable Television system. Jesus Nava, Assistant to the City Manager, said that Council Member Boyd asked staff to investigate the possibility of broadcasting meetings. Nava outlined three possibilities. The first was to request Sammons Cable to broadcast the meetings as they had in the past. It was a o~e camera program from the back of the Council chambers. The ~roblem with that option was that Sammon$ had committed the public access channel and would have to break some of those commitments in order to broadcast Tuesday Council meetings. There was discussion concerning the cost of lighting. The second option was the City developing a government access channel. The current cable franchise grants the City its own channel as part of the system upgrade agreements adopted in November 1988. This was to be in place no later than November 1, 1993. A cable would be run to City Hall and any other City facility. This option would require filming and lighting equipment. Studio costs were unknown at this time. A third option was to arrange for time on the public access channel and purchase some equipment and obtain student interns to film the meetings. Council Member Boyd said that the E1 Paso City Council meetings were on cable television and were widely viewed. It distressed Boyd how little the public was aware of what the Council did and this would be a way for more citizens to have knowledge of what was happening in the City as well as a better understanding of the decision making process. 279 280 City of Denton City Council Minutes November 27, 1990 Page 13 The City Council discussed the viewership of a cable broadcast of the meetings. There was concern that the cost of equipment might be expensive and should be investigated and budgeted. The consensus was for the staff to pursue the possibility of broadcasting City Council meetings and gather further information concerning cost and feasibility. This information would be included in next year's budget proposal for further discussion and Council consideration. 7. The City Council received a report and held a discussion regarding the formation of a proposed Emergency Services District south of the Denton City limits and gave staff direction. City Manager Harrell apologized that this information was not given to the Council at an earlier date. This process was fairly fast-paced and staff had just learned that a public hearing would be held regarding this issue on December 11. Frank Robbins, Executive Director for Planning, and John Cook, Fire Chief presented the item. Denton County had received a petition with the boundaries of a proposed Emergency Services District which included part of Denton's extraterritorial jurisdiction. This included the proposed annexation petition of the Perot Group and the Henry S. Miller, Grubb and Ellis. Robbins reviewed some of the statuatory requirements for developing an Emergency Services district. Fire Chief Cook stated that staff would like for the northern boundary of the district to be readjusted to conform with Hickory Hill Road and Crawford Lane over to the western boundary of the district. The lines would be drawn to coincide with the agreed upon future city limits lines of Denton. The Fire Chief in Argyle, who was leading this ·effort, readily agreed to this change and would redraw the boundaries. Cook said that in the future, he expected the unincoporated areas of Denton County would all be within some Emergency Services District. The far southeast corner which was in the City's ETJ but for the ease of legal description this very small portion had been included in the boundaries of the proposed Emergency Services District. This would save the expense of a surveying procedure. If the City annexed this small area at a later time, the City could have this area deannexed from the District. City of Denton City Council Minutes November 27, 1990 Page 14 The Council directed staff to consent to the formation of the District with a set of boundaries that matched city limit lines or agreement lines in the southern part of the ETJ between Copper Canyon and Argyle. Council directed staff to take that information to the public hearing December 11 at the Commissioner's Court. There was discussion of the boundaries of this proposed Emergency Services District. There was also concern expressed concerning the effect of serving this additional area upon the Fire Department. Chief Cook pointed out that the establishment of this District would force people to decide if they wanted to pay for fire protection and establish a tax in order to receive service. City Manager Harrell said that this was a question between a short or long range strategy. A short range decision would be to agree the District be formed in Denton's ETJ so that area would receive service from another agency. However, the long range payoff for the City was that this area was where most development would occur outside the city limits. Without the offer of fire and ambulance service it would be very difficult to annex this area in the future. Council Member Boyd stated that the rational decision to make was where should Denton's ultimate southern boundary be. He felt that the ETJ area needed to be protected and should not be included in the Emergency Services District. Council Member Alexander asked what would happen if the Commissioner's Court called for the election for the formation of the District without excluding Denton's ETJ. Robbins stated that the County could not fix boundaries for an area that a city had not consented to without an extensive petition campaign which was very unlikely. Council Member Boyd moved to direct staff to present a resolution to the City Council at the December 11 meeting that the City approve the formation of this Emergency Services District with a set of boundaries that matched city limit lines or agreement lines in the southern part of the ETJ between Copper Canyon and Argyle and the Council does not consent to the other area. The motion also instructed the staff to appear at the December 11 public hearing at the Commissioners' Court and to make the City's position known. Council Member Ayer seconded the motion. The vote was unanimous in favor of the motion. 281 282 City of Denton City Council Minutes November 27, 1990 Page 15 Miscellaneous matters form the City Manager. City Manager Harrell reminded the City Council of the ribbon cutting ceremony scheduled for the Oak/Hickory/Fry opening on Friday, November 30, at 3:00 p.m. 9. New Business This item provides a section for Council Members to suggest items for future agendas. Council Member Alexander asked that the City Attorney brief the City Council at the earliest possible time regarding the history and charter provisions related to boards and commission members conducting business with the City. He also asked board appointments be discussed in the next executive session for the Historic Landmark Commission, Zoning Task Force, and Sign Board of Adjustment. Council Member Trent asked for an updated copy of the boards and commissions at the next meeting. He also asked that the staff look at a way to make the City seal more readable for the public in the City Council chambers. With no further business, the meeting was adjourned at 9:20 p.m. BOB CASTLE~~ CITY OF DENTON, TEXAy CATHERINE TUCK DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS 3319C