Loading...
Minutes December 11, 1990CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 11o 1990 285 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: Mayor Pro Tem Boyd 1. The Council convened into the Executive Session to discuss legal matters (considered action in County vs. City), real estate, personnel/board appointments (considered appointments to the Zoning Task Force, the Sign Board of Appeals, the Animal Control Advisory Committee and the Historic Landmark Commission.) 2. The Council held a discussion and considered giving staff direction regarding the establishment of a standing Beautification Commission. Cecile Carson, Administrative Analyst, presented an overview of the "Keep America Beautiful" program. She stated that the Beautification Task Force was recommending a reorganization by becoming a standing commission established by ordinance. The members have expressed an interest in continuing to volunteer to beautify Denton and implement the litter reduction and recycling programs of Keep America Beautiful. The recommendation was to establish a twenty member commission appointed by the City Council. Each Commissioner would service for a two year term and would serve as an advisory board to the City Council on matters related to beautification, litter prevention, recycling, clean-ups, and other environmental issues. The organization would work to solicit funds from citizens, businesses, corporations, grants, etc. in order to fund landscape projects and programs. Council Member Gorton asked if a non-profit 501 (c) (3) group was organized, would it be possible to still receive grant funds. Carson replied yes. Council Member Alexander felt that the Commission was the best answer but was concerned with the size of the group. He felt that it might be too large to work effectively. A 501 (c) (3) organization might be considered at a later date but for the present, he was in favor of a City appointed Commission. Mayor Castleberry suggested ten members as opposed to twenty members. 286 City of Denton City Council Minutes December 11, 1990 Page 2 Consensus of the Council was to proceed with the formalization of the Commission but to narrow the number of members from twenty to between seven and eleven. Those members would be authorized to incorporate more individuals in subcommittees. 3. The Council received a report and held a discussion regarding the Employee Personal Computer Purchase Policy. Lloyd Harrell, City Manager, stated that in an effort to continue to deliver quality services and increase productivity, a proposed policy was being formulated concerning employee's purchasing personal computers and associated hardware. These computers would be used in the employee's home. It was felt that allowing the employees to use the computers for personal business would allow them to become more familiar and productive with the computer at work. The employee would be able to take advantage of the mass buying the City does for the computers and advantage of the borrowing rates the City uses. John McGrane, Executive Director for Finance, stated that the City annually bids out computer and software products. A draft survey would be sent out to every employee indicating the type of equipment they would be interested in. That would be incorporated into the annual bid as an alternate with the vendor bidding on the City equipment and then as an alternate, bid on the employee options. After those prices were determined, the employee would be contacted to determine if he was still interested in purchasing the equipment. The employee would have the option of purchasing the equipment from the vendor with his own funds or through a financing program with the City. The City would charge the employee the same rate the City was earning on its investment at the time of the purchase and pay back the amount over a two period. Council Member Gorton asked if the City would be liable for copyright's on the programs that were purchased. McGrane replied that they would not be purchased through the City. The employee would just have the option of getting the same benefit of price that the City had. Council Member Hopkins stated that the proposal was making the taxpayers front the money for the employeem and pay the interest. She asked how long the employees had to pay back the amount. McGrane replied that they had two years to repay the amount. The employees would pay back the same amount of interest that the City would have been earning on the money. City of Denton City Council Minutes December 11, 1990 Page 3 Council Member Hopkins asked what would happen if the employee's last check did not cover the amount due. McGrane replied that there was a $5,000 maximum financing limit. He stated that they were exploring options of encumbering the employee's TMRS benefits to repay the amount or returning the equipment to the City. Discussion by Council concerned the length of employment of individuals to be able to participate in the program and the possibility of the employee's last check not covering the balance of the equipment. Council Member Ayer felt that this should be seen as an employee benefit and that it was a reasonable benefit for employees. Council Member Gorton felt that the Data Processing Advisory Board should be involved in the determination of the purchases. He also felt that there should be solid safeguards when allowing individuals on the mainframe. Council Member Alexander felt that there should be a flexible approach for those who were eligible. Consensus of the Council was to present the policy to the Data Processing Advisory Board for their review and then return it to Council. 4. The Council held a discussion and set a a date for a mid-year review session regarding the City's Mission Statement and Work Plan. Lloyd Harrell, City Manager, stated that the Council had expressed a desire to spend some extended time on the proposed City mission statement and work plan. A four hour block of time was needed for such a session. He presented possible dates for that meeting. Council Member Hopkins suggested using the fifth Tuesday in January for such a meeting. They could meet on January 29 from 5:00 p.m. - 9:00 p.m. Consensus of the Council was to set the meeting date for January 29, 1991. 5. The Council held a discussion regarding a possible joint briefing session by the Denton Independent School District and the City for potential candidates for City Council and School Board of Trustees. 288 City of Denton City Council Minutes December 11. 1990 Page 4 Lloyd Harrel~. City Manager. stated that he had been approached by School Board Trustee Carolyn Coward regarding the possibility of the City and School District jointly sponsoring an orientation session for potential candidates for the School Board and the City Council. Coward felt that such a session would provide information about public service and answer questions which individuals might have about School Board or Council service. She also felt it would give individuals a better idea of what to expect from one of the offices and might encourage more people to run for public office. Council Member Gorton stressed the importance of not having any sitting elected official involved in the process. Discussion of the Council centered on support of the concept but not having the Council involved in process. A suggestion was made to have an outside agency sponsor such an event such as the League of Women Voters, Leadership Denton or Sammons Communications. Consensus of the Council was to support the idea but not to sponsor the event and suggest a non-partisan group consider sponsoring the session. The Council then convened into th~ Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: Mayor Pro Tem Boyd Pledge of Allegiance The Council and audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Sessions of November 6 and 20, 1990 and the Special Call Meeting of November 30, 1990. Council Member Gorton motioned. Ayer seconded to approve the minutes of the Regular Sessions of November $ and 20, 1990 and consider the minutes of the Special Call Meeting on a separate vote. Motion carried unanimously. Alexander motioned, Ayer seconded to approve the minutes of the Special Call Meeting of Novembe~ 30, 1990. Mo~ion oac~ied unanimously with Council Members Gorton and Hopkins abstaining as they were not present, for the meeting. City of Denton City Council Minutes December 11, 1990 Page 5 289 3, The Council received an update from Ray Stephens regarding TMPA matters. Ray Stephens stated that Tom Harpool was scheduled to speak with him but was not able to attend the meeting. They did feel, however, that it was in the best interest of the Council to provide a periodic update of TMPA activities. A current project was a contract with natural gas suppliers to bring them on-line to use as a supplement boiler fuel. Those contracts should be ready by January 1991. TMPA had set a continuing record for safety in the industrial workplace with 4.9 million safe work hours. Off-system sales by member cities included centracts with Farmersville, College Station and Bowie. A new contract with the mining company for savings had been negotiated. The contract along with the off-system sales heXped to keep the costs down and extended the time to increase the rate to cities. The semi-annual payment for Comanche Peak was due in February which meant that the remaining ownership with TMPA would be cut from 6,2 to 2.4% with no associated liability. Council Member Gorton asked if those funds were applied to early debt retirement. Stephens replied that he and ,former Board Member Vela had raised that question several times and had been assured that the money would be used for early retirement of debt. Council Member Trent asked if Denton was carrying its fair share for the burden for TMPA as the other cities. Stephens stated that there was a formula that all the member cities were subject to. If Denton could control its peak during the summer, money would be saved during the year. The challenge was to reduce the peak demand to keep the City's costs down. Five votes would be required to change the formula which would be difficult to get. Council Member Ayer stated that the City's summer peak in relation to the other three cities, was higher than it should be and asked for an explanation. Stephens replied that part of the explanation was due to the large amount of apartment dwellers plus industry. Council Member Trent asked if there was an inequity in the formula. Stephens replied that the City would have to work through the formula to keep Denton's cost down. It was not likely that the formula would change as it would cause an increase in the other member city's costs. 29O City of Denton City Council Minutes December 11, 1990 Page 6 City Manager Harrell stated that Denton's peak usage was not necessarily hit during the summer as compared when the other cities peaked. He stated that Bob Nelson, Executive Director for Utilities, felt that the formula was unfair to Denton as it was now structured. If would be fair if TMPA were in a position of having to build a new power plant but that was not the case now. 4. The Council received a citizen report from Joe Dodd regarding the Cable Subscriber's Bill of Rights. Mr. Dodd presented a resolution to Council regarding pledging support of federal legislation returning local control for regulation of cable television. He suggested changing the present Cable Board to a Video Services Board. He felt there was inequity in the City when some material was treated differently depending on what medium it was delivered by. Specifically, he felt it was inappropriate for the cable company to show "x" rated movies when it was illegal to purchase that type of written material. He felt that the same type of material should be treated the same way no matter how it got into the homes. Mayor Castleberry thanked Mr. Dodd and stated that the information would be passed on to the Cable-T.V. Advisory Board. 5. Consent Agenda Council Member Trent asked that item 5.A.2. be pulled for special consideration. Hopkins motioned, Gorton seconded to approve the Consent Agenda excluding Item 5.A.2. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid ~1174 - Refuse Bags 3. Bid ~1173 - ~vers Park Backstop Item 5.A.2. was considered. Council Member Trent questioned the amount of money being spent for uniforms. John Cook, Fire Chief, stated that in the past the uniforms were separated from the protective envelope the firefighters wore in structural firefighting. With advances in technology, the uniforms are now considered part of the protective envelope as an inner barrier for structural firefighting. In order to provide for the increase flamibility resistance of the fabric, it was necessary to spend more for the uniforms. A cotton City of Denton City Council Minutes December 11, 1990 Page 7 fabric had been used over the last two years but the material did not hold up well. These uniforms were constructed out of the best current flame retardant material on the market. Council Member Trent asked if these uniforms were street worn. Cook replied yes. Council Member Trent stated that the uniforms would be sewn with name and rank. That tended to individualize the uniform so that it would not be worn by'anyone else. Cook replied that the primary reason for that was that name badges, etc. tended to be heat magnets and could possibly cause an injury. It might be possible to alter a uniform if someone left the Department if the uniform were in good enough shape. Council Member Trent asked if this were a one year budget item. Eddie Woodruff, Captain-Denton Fire Department, stated that the Department was in the process of initiating a rotation system for the uniforms. It was hoped that the new uniforms with the better construction material would hold up for four to five years, Trent motioned, Gorton seconded to approve Consent Agenda Item 5.A.2. A. Bids and Purchase Orders: 2. Bid ~1177 - Fire Department Uniforms Council Member Alexander left the meeting. 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. The following ordinance was considered: NO. 90-190 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. 291 292 City of Denton City Council Minutes December 11, 1990 Page 8 Gorton motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. Council Member Alexander returned to the meeting. B. The Council considered adoption of accepting competitive bids and providing for contracts for public works or improvements. an ordinance the award of The following ordinance was considered: NO. 90-191 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, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing and allowing under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are in the employment of the City of Denton and providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. The following ordinance was considered: NO. 90-192 AN ORDINANCE AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF DENTON; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to adopt the ordinance. On roll vote, Trent "aye," Alexando: "ayo," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. City of Denton City Council Minutes December 11, 1990 Page 9 .~D- .... The Council considered adoption of an ordinance approving the 1990 tax rolls. Lloyd Harrell, City Manager, stated that this was an annual item which was required after receiving the finalized tax roll. The following ordinance was considered: NO. 90-193 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1990 TAX ROLLS: AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Gorton motioned. Hopkins seconded to adopt the ordinance. Council Member Gorton asked about City liability due to possible incorrect numbers. Debra Drayovitch, City Attorney, stated that she did not see how the City would be liable as the numbers had been certified by the Appraisal District. On roll vote, Trent "aye," Alexander "aye," Hopkins Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." carried unanimously. "aye," Motion 7. Resolutions A. The Council considered approval of a resolution postponing the regular Council meeting of January 1, 1991 to January 8, 1991. The following resolution was considered: NO. R90-063 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JANUARY 1, 1991 TO JANUARY 8, 1991; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Alexander seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye." Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. B. The council considered approval of a resolution adopting the In3ury Bene£it Policy for the City of Denton. City of Denton City Council Minutes December 11, 1990 Page 10 Max Blackburn, Risk Manager, stated that the new worker's compensation law would go into effect January 1, 1991. There was an injunction filed to keep the law from going into effect He was proceeding as though the new law would go into effect on January 1, 1991. In con]unction with that, it was necessary for the City to write a new occupational injury benefit policy as the new law made the City's old policy obsolete. Council Member Gorton felt that all employees should be briefed on the policy with a sign-off that they received it. Blackburn replied that it would be a requirement for all employees to be briefed on the policy and that meeting would be taking place in the near future. The following resolution was considered: NO. R90-064 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING AN OCCUPATIONAL INJURY BENEFIT POLICY; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. C. The Council considered approval of a resolution adopting the Confined Space Entry Policy. Max Blackburn, Risk Manager, stated that this policy would standardize a policy for confined space entry. Different Departments would doing various types of procedures but a standardized set of guidelines was needed. The following resolution was considered: NO. R90-065 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A CONFINED ~PACE ENTRY POLICY; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion car~ie4 unanimously. City of Denton City Council Minutes December 11, 1990 Page 11 D. The Council considered approval of a resolution rescinding Policy Number 102.09, Fingerprinting. Tom Klinck, Personnel Director, stated that the resolution would eliminate the fingerprinting of new employees as part of the selection process. New legislation had limited the use of fingerprinting information and the current policy was really outdated. The following resolution was considered: NO. R90-066 A RESOLUTION RESCINDING POLICY NO. 102.09, FINGERPRINTING, FROM THE CITY OF DENTON POLICIES AND PROCEDURES MANUAL; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. E. The Council considered approval of a resolution of the Denton County FM2499 Task Force requesting consideration by the State Department of Highways and Pdblic Transportation, to authorize construction and dedicate funds for an interchange on Farm-to-Market Highway 2499. Rick Svehla, Deputy City Manager, stated that the 2499 Task Force had referred to a possible resolution for improvements on F.M. 2499 further south at S.H. 121. The City of Grapevine was organizing an appearance in January at the Highway Commission asking consideration for grade separated connections between F.M. 2499 and S.H. 121 at the north end of DFW airport. The construction would greatly enhance the traffic carrying capability and the ease of access for anyone using F.M. 2499 as an access to the airport or points further south. City Attorney Drayovitch noted a typographical error in the resolution caption and requested a correction. The following resolution was considered: NO. R90-067 A RESOLUTION REQUESTING THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO CONSIDER AUTHORIZING CONSTRUCTION AND DEDICATION OF FUNDS FOR AN INTERCHANGE ON FARM-TO-MARKET HIGHWAY 2499; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes December 11, 1990 Page 12 Alexander motioned, Hopkins seconded to approve the resolution with the noted correction. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. F. The Council considered approval of a resolution consenting to the formation of Denton County Emergency Service District ~1 and its boundaries. Frank Robbins, Executive Director for Planning, stated that the City had received notification of formation of the District in November. At a work session on November 27, 1990, 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 Commissioner's Court. The Commissioner's Court conducted a public hearing December 11, 1990 regarding that issue. The proponents hoped that the public hearing would be held and the Court direct that the election be held in January, 1991 for the formation of the District. It was determined that the election could not be held in January as the Commissioners had a number of answered questions which required further information and the election had not been precleared by the Justice Department. The election may be held in May or November. Staff had indicated to the Commissioners that the boundaries had been worked out and everyone involved was in agreement. Robbins stated that there was an error in Exhibit A in which a "Note" was inadvertently included. He stated that that "Note" needed to be deleted. The following resolution was considered: NO. R90-068 A RESOLUTION OF THE CITY OF DENTON, TEXAS, CONSENTING TO THE INCLUSION OF TERRITORY IN THE CITY'S EXTRATERRITORIAL JURISDICTION WITHIN DENTON COUNTY EMERGENCY SERVICE DISTRICT NO. 1; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to approve the resolution as amended. Council Member Hopkins asked aware that the City did not boundaries. if the Commissioners Court was agree with the originally drawn City of Denton City Council Minutes December 11, 1990 Page 13 Robbins replied yes. At the public hearing, staff informed the Commissoners that Council had directed them to inform the Court of the City's intent and that the City would act on the proposal this evening. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. 8. The Council considered instituting annexation proceedings and adopted an ordinance with regards to the annexation of 1367.12 acres of land located north of Crawford Road at the intersection of Allred Road and the I35W (A-59). Planning and Zoning Commission recommended adoption.) (First Reading) The following ordinance was considered: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 1,367 ACRES OF LAND LOCATED NORTH OF CRAWFORD ROAD AT THE INTERSECTION OF ALLRED ROAD AND I35W; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; TEMPORARILY PLACING THE PROPERTY IN AN AGRICULTURAL ZONING DISTRICT; AND DECLARING AN EFFECTIVE DATE. Gorton motioned, Trent seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. Force. The Council considered appointments to the Zoning Task This item was not considered. 10. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. As the Council had been invited to a joint meeting of the Economic Development Advisory Board and the Economic Development Private Investors Group next Tuesday, the work session for the next Council meeting would begin at 6:00 p.m. with dinner at 5:30 p.m. to allow Council members the opportunity to attend the meeting. B. The Mayor formally accepted the keys to the Moore Building today. City of Denton City Council Minutes December 11, 1990 Page 14 11. There was no official action taken during the work session Executive Session. 12. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Gorton requested a work session item regarding redistriciting and Charter revision needs. B. Council Member Hopkins suggesting changing the second meeting in January to the fourth Tuesday to allow staff more time for preparation. That would set the January meetings for the 8th and the 22nd of January. 13. The Council convened into the Executive Session to discuss legal matters (considered action in County vs. City), real estate, personnel/board appointments (considered appointments to the Zoning Task Force, the Sign Board of Appeals, the Animal Control Advisory Committee and the Historic Landmark Commission.) The Council reconvened into open session and took the following action: A. Ayer motioned, Gorton seconded to appoint Jim Englebrecht to the Zoning Task Force. Council Member Alexander stated that he wished the minutes to reflect that the Council thought that Mr. Englebrecht had been appointed, on behalf of the Planning and Zoning Commission, from the beginning. Motion carried unanimously. With no further business, the meeting was adjourned. CPT~ SECHETARY CITY OF DENTON, TEXAS CITY OF DENTON, T~AS 3326C ~