Minutes February 19, 1991413
CITY OF DENTON CITY COUNCIL MINUTES
FEBRUARY 19, 1991
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 Executive Session to discuss
legal matters (considered action in County vs. City and
considered action in Kelsoe vs. City), real estate (considered
authorization for acquisition of utility easements relating to
the transmission line from the Hartley Field Booster Station to
the Ray Roberts Water Plant), and personnel/board appointments
(considered appointments to the Building Code Board, Community
Development Block Grant Committee, the Electrical Code Board,
the Historic Landmark Commission, the Human Services Committee,
the Animal Shelter Advisory Committee, the Blue. Ribbon
Committee for Storm Water Utility and the Sign Board of
Appeals).
2. The Council received a report and held a discussion
regarding the long range transportation plan for the City of
Denton. (Transplan modeling project)
Jerry Clark, City Engineer, stated that the key reason for
doing modeling was to predict transportation/CIP needs, what
type road would be needed and how many dollars would be
needed. The modeling years selected were 1969 to validate
which also calibrated to the COG model. 2010 was selected as
the future year because it tied in with the Denton Development
Plan and gave a 20 year forecast. The first modeling project
which considered 90% of the thoroughfare plan was completed and
in place. Levels of service for all but the three major
arterials were at A or B which meant all roadways would operate
all the time almost congestion free. The 2010 Phasing Plan was
developed which scaled back to what was felt to be achievable
levels of capacity considering tax impact. The modeling
procedure identified corridors that Denton must provide
transportation solutions for by 2010. These specific corridors
were listed in order of importance - Loop 288, Teasley Lane,
Lillian Miller, Dallas Drive, Bell/Eagle Intersection, and
Eagle Drive. The following roads were shown to have adequate
capacity at this time and would not need additional CIP funding
other than resurfacing or urban section upgrades: Bonnie Brae -
I35 to US77, Woodrow Lane - Paisley to McKinney to Colorado
Blvd., Windsor Drive - Bonnie Brae to Old North Road, Stuart
Road - Sherman to Loop 288, Willowwood - I35E to Bonnie Brae
and Avenue A - I35 E to Eagle.
414
City of Denton City Council Minutes
February 19, 1991
Page 2
The following projects were listed as critical for Denton to
meet its transportation network needs for 2010: (1) the Loop
288 spur, South Loop 288 (I35E to 2181) and 2499 network of
arterials; (2) develop a reliever road like Collins from Dallas
Drive to US 377; (3) all the State Department of Highway and
Public Transportation projects currently listed on the 5 year
letting plan which included Teastey Lane - I35E to 2 miles
south, US377 from I35E to 1830, US380 from US77 to US377, and
I35E; (4) US77 from US380 to I35 to establish a north/south
transportation corridor; (5) the southbound service road of
I35E should be connected under I35E to San Jacinto. This would
be done when I35E was reconstructed. Benefits identified by
the Transplan study were that (1) Loop 288 - I35 to US380 would
relieve most of the growth expected locally on the western
section of US 380 from US77 to I35. Regional effects from
McKinney, Decatur, and Dallas were still very heavy with major
growth possible; (2) the Loop 288 spur was essential to keep
the Golden Triangle mall area from being gridlocked at 50,000
vehicles per day; (3) the west portion of Loop 288 from 2499 to
US380 would not generate enough traffic to warrant
consideration by the State for funding. Western Blvd. through
the Rayzor property and the west airport blvd. provided-more
than adequate capacity with four lanes e~ch. The study also
showed that signals would continue to be a major transportation
issue requiring funding. The final positive benefit of the
findings seemed to be that a significant portion of street
funds could be directed to correcting deficiencies on
residential streets.
3. The Council continued a discussion regarding the
potential sale of the City's commercial solid waste system,
consider possible alternatives, and gave staff direction.
Lloyd Harrell, City Manager, stated that as staff analyzed the
possibility of selling the commercial solid waste system of the
City, various scenarios were developed. From that analysis,
the scenarios were narrowed to three which were practicable.
Scenario 1AAA involved a $1.9 million sale of the system and
$1.7 million at the closing of the City landfill and dumping at
the City's landfill at a rate of $1.25/yard. This would
involved dumping all the solid waste possible into the landfill
to try to close it before the start of Subtitle D. In
approximately 18 months the City would be out of the landfill
business and would have a transfer station located in the
City. Scenario 2 involved $1.9 million sale of the system and
directing the current solid waste at the same level that was
now going to the landfill at a rate of $3.45 per yard dumping
charge. This would cause the landfill space to be used up in
approximately 6 years. Scenario 8 involved a City exclusive
provision which was the SWAC recommendation. The back-up
material provided with the agenda stated that staff was
recommending.Scenario 2 or Scenario 8. Scenario 2 involved
about $1.5 million more to the City to the year 2000 than did
City of Denton City Council Minutes
February 19, 1991
Page 3
415
Scenario iAAA. Waste Management, who was the best bidder,
expressed concerns about dumping at the City's landfill at
$3.45 rate. Although the contract the City had with all
providers stated that the City could direct the waste stream,
Waste Management, in its $1.9 million bid, assumed that they
could take more of the trash to their landfill in Lewisville.
As of Friday afternoon, Waste Management expressed another
alternative which would take care of the $1.5 million and made
Scenario 1AAA and Scenario 2 comparable.
Bob Nelson, Executive Director for Utilities, presented the
major points of the sale of the commercial system: (1) Waste
Management would buy the commercial system at $1.9 million on
April 1, 1991, (2) Waste Management would not raise immediately
the commercial rates provided the City agreed to a landfill
contract and the City did not institute a solid waste volume
flow control, (3) the City would assist in transferring
customers, (4) City equipment would be delivered in good order
and (5) the City would not compete for five years and (6)
present employees would be given the option for employment with
Waste Management.
Mayor Pro Tem Boyd questioned when Waste Management could raise
the rates.
Nelson replied he did not know but that there was open
competition there. All Waste Management was saying was that
the day they took on the City's customers, they would not raise
the rates~
Mayor Pro Tem Boyd stated that the following day they could
raise the rates.
Nelson replied that there was a 30 day contract with most of
the customers. At any rate, there was open competition. Part
of the contract included a transfer station/long term disposal
contract which had the following points: (1) Waste Management
would dispose 650,000 cubic years of solid waste in the City's
landfill in the next 18 months; (2) Waste Management would pay
$1.25 per cubic yard for this volume. The current rate was
$3.00 which would drop to $1.25 while the proposed rate, if the
City retained the system would be $3.45; (3) Waste Management
would construct a transfer station in or near Denton; (4)
Denton would direct all solid waste generated in Denton to
Waste Management transfer station when completed; (5) Waste
Management would pay Denton $1.7 million as consideration for
transfer station contract and as consideration for difference
between $1.Z5 and $3.45 per cubic yards on the previously
listed 650,000 cubic yards; (6) the payment schedule would be
$1 million on opening of the transfer station and ~175,000 per
year for the next four years.
416
City of Denton City Council Minutes
February 19, 1991
Page 4
Mayor Pro Tem Boyd asked what the City's tipping fee would be
at the transfer station.
Nelson replied that the City's tipping fee would be tied down
at $5.20 per cubic yard for residential volumes; (7) the rate
would have a CPI and a Regulator Escalator from 1991 onward.
Nelson stated that staff anticipated it would take from two
years to 28 months in order to complete a transfer station.
There would be one or two possible CIP escalators tied to that
$5.20. This would be approximately $5.75 at the time the
transfer station would open; (8) The City's $5.20 rate would
not be assignable; (9) Waste Management would pay Denton an
additional $1.5 million with payment terms of $.40 per cubic
yard surcharge on the first 3,750,000 cubic yards of volume
brought into the transfer station.
Lloyd Harrell, City Manager stated that the surcharge would not
apply to City residential service.
Due to the lateness of the hour, it was decided that this item
would be held until later in the regular session for completion.
4. The Council was to receive a report and hold a
discussion regarding the City's Capital Improvement Plan and
the budgeting process.
This item was considered later in the regular session.
5. The Council was to receive a report and hold
discussion regarding support and funding of the I35E corridor.
This item was considered later in the regular session.
The Council the convened into Regular Session at 7:00 p.m.
the Council Chambers.
in
PRESENT:
Mayor Castleberry; Mayor
Members Alexander, Ayer,
Trent.
Pro Tem Boyd; Council
Gorton, Hopkins and
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
City of Denton City Council Minutes
February 19, 1991
Page 5
417
The Mayor presented a proclamation honoring Eagle Escapades.
2. Public Hearings
A. The Council continued a public hearing and
considered rezoning from Agricultural (A) District to
Neighborhood (NS) District a 5.165 acre tract of land located
about 600 feet south of University Drive on the west side of
Bonnie Brae. (The Planning and Zoning Commission made no
recommendation.) Z90-015
The Mayor opened the public hearing.
Bob LeMond, presenting both the property seller and the
purchasers of the property, stated that the doctors who bought
the property wished to construct a medical office park with
ancillary uses such as a pharmacy and optician's shop. LeMond
stated that the site was chosen due to its midway location to
the two current hospitals. The difficulty in the zoning was
with the disposition of an approximately 1500 square foot
pharmacy located within the approximately 35000-40000 foot
gross area of usage. The proposal was in the Neighborhood
Service district because the requirement of the pharmacy placed
the development into the retail store/4000 square feet or less
category on the zoning schedule. Otherwise, the proposal would
be in the office district. LeMond stated that part of the
staff report indicated that a Planned Development might be
better zoning rather than straight zoning. He felt that a
Planned Development would be too restrictive. He requested the
Council to grant the zoning which would provide a quality
facility in Denton.
Mayor Pro Tem Boyd stated that one opposition to the proposal
was under the assumption that this would be a "spec" office
development.
LeMond replied that that was not the case. A letter had been
received from NCNB in regards to their approval of the proposal.
Mayor Pro Tem Boyd asked for the reasoning for not proceeding
with a Planned Development.
LeMond replied that there was a problem with working with
multiple owners in a Planned Development. There would be a
great time factor in trying to get the exact office size, etc.
plus the time factor with the presentations to Planning and
Zoning and City Council.
Council Member Trent asked if the pharmacy was a problem with
the proposal, was there a consideration to relocate or drop the
pharmacy from the proposal.
418
City of Denton City Council Minutes
February 19, 1991
Page 6
LeMond replied that the pharmacist was an original partner in
the project and the doctors wished him to stay with the project.
Council Member Ayer asked if the pharmacy could be done with a
specific use permit.
LeMond replied that he would not have a problem with a specific
use permit if it included ancillary uses for medical zoning so
that there could be an optical shop or medical supply shop on
the location if desired. He stated that the size of those
shops would be very small.
Council Member Ayer replied that in his perspective, decisions
should always be made in terms of what could be built under the
zoning and not what was promised would be built as conditions
might change in the future.
Brian Robinson, Administrator and Chief Executive Officer of
Denton Community Hospital, spoke in favor of the project. He
felt it would be a good project for the community. Space that
many of the doctors occupy was inadequate as was
accessibility. More office space was needed for doctors in the
community and the proposed project would fill that need.
Joyce Pool was opposed to the loc~ion of the project. She
suggested reconsidering the site to the University side of the
roadway. Bonne Brae was too congested. She felt that this
project might be the start of strip commercial zoning.
Mr. LeMond was allowed a five minute rebuttal..
LeMond stated that the project was not strip zoning.
small facility. There was no place in the City
infrastructure was better supplied.
It was a
where the
The Mayor closed the public hearing.
Frank Robbins, Executive Director for Planning, stated that the
proposed rezoning was for the purpose of constructing
professional medical offices and possibly a pharmacy. The
property was located in a low intensity area. The proposed
neighborhood service development would be allocated 3,357
intensity trips. As per the Denton Development Plan, the total
number of allocated trips for this site was 310. Therefore,
this site violated the general policy of proportionate share.
There were unallocated trips in the study area which would be
available. A disproportionate share analysis was required and
included the following items: (1) adequate infrastructure -
the infrastructure was in place to support the development, or
would be required during platting of the property to be
adequately constructed; (2) unusual topography - there was no
noticeable unusual topographic features to this site or within
City of Denton City Council Minutes
February 19, 1991
Page 7
419
the study area which would provide intensity trips for
allocation elsewhere; (3) compatibility - the site abuts an
existing strip shopping center which was located in a moderate
activity center; (4) other policies - strict compliance with
the sign ordinance, landscape, and screening ordinances would
be required on this site, if approved. The site also violated
both the concentration and separation policies of the Denton
Development Plan. The Plan stated that Neighborhood Service
Centers should be located at least a half mile from other
non-residential retail centers. The proposed development
adjoined an. existing strip shopping center. Neighborhood
Service Districts allowed many types of retail type uses. If
there could be a guarantee that medical offices and ancillary
type uses were the only uses of this site, then there would be
no violation of this policy of the Denton Development Plan;
however, with straight zoning there was no guarantee of the
specific use. The staff report indicated that the 20% rule was
in effect, however, since that time, major opposition had been
withdrawn and the 20% rule was no longer in effect. The
Planning and Zoning Commission had reviewed the proposal and a
motion to approve the proposal failed with a 2-3 vote. Motion
to deny did not receive a second. Therefore, the Planning and
Zoning Commission did not make a recommendation.
Council Member Hopkins asked how the numbers looked for office
zoning.
Robbins replied that for straight office the intensity numbers
were significantly less and almost equaled the number of trips
available for allocation.
Council Member Hopkins felt that the proposal was not a strip
center but rather a buffer between the residences and the
shopping center. It certainly would never be zoned SF-10 or
SF-16. She felt it was a good land use and that the pharmacy
was incidental to the development.
Council Member Ayer stated that if it were zoned as requested,
then other categories in the Neighborhood Service uses would be
permitted. Anything could be build there. He asked how
difficult and what would be the procedure to obtain a specific
use permit for a pharmacy and/or ancillary medical services if
the zoning were changed to office. He was not willing to
rezone as requested.
Robbins stated retail uses whether more or less than 4000
square feet were not authorized within a SUP in that district.
The ordinance would not allow such a zoning. The property
would have to be rezoned.
420
City of Denton City Council Minutes
February 19, 1991
Page 8
Council Member Ayer asked if there were any way to accomplish
the proposal but to guarantee what would be built.
Debra Drayovitch, City Attorney, stated that the Council could
reconsider the SUP ordinance and revise the table of permitted
uses.
Mayor Pro Tem Boyd stated that if the proposal was approved as
proposed, it would be using a good proportion of the intensity
trips and would be overallocated. The rest of the area would
have to be developed in low intensity manner and felt that that
probably would not be the case.
Mayor Castleberry asked if there could be a SUP on the
requested zoning.
Robbins replied that there could not be retail uses in an
office district under the current ordinance. That was not
authorized.
Council Member Alexander asked how far along was the review
process of the zoning ordinance and what would be a possible
time line before modifications could be made to allow the
requested zoning.
Robbins replied it might be possible by the end of March or the
first part of April if the Zoning Task Force and the Planning
and Zoning Commission approve. Once that zoning was in place,
it would be approximately 60 days.
Council discussed possible solutions for the proposal which
included straight office zoning, planned development zoning and
changing the table of permitted uses.
City Manager Harrell stated that an alternative might be to
rezone the proposal to all office and when the space was
decided for the pharmacy, rezone from office to retail business.
After discussion regarding the change in request from
Neighborhood Service to Office, LeMond made a formal request to
change the DroDosed zoning.
Hopkins motioned, Ayer seconded to instruct staff to prepare
the proper instruments changing the zoning request to office.
She also urged the Planning staff and the Zoning Task Force to
consider the amendments to the zoning ordinance as quickly as
possible. On roll vote, Trent "ayes" Alexander "aye," Hopkins
"aye," Gorton "aye," Ayer "aye," Boyd "ayes" and Mayor
Castleberry "aye." Motion carried unanimously.
City of Denton City Council Minutes
February 19, 1991
Page 9
421
B. The Council held a public hearing and considered
adoption of an ordinance rezoning a 4.844 acre tract of land
from "PD" Planned Development District (PD 106) to "O" Office
District on property located on the west side of Bonnie Brae
approximately 500 feet north of W. Oak St., locally known as
the Denton Community Hospital. (The Planning and Zoning
Commission recommended approval) Z-90-017
The Mayor opened the public hearing.
Brian Robinson, Administrator and Chief Executive Office-Denton
Community Hospital, stated that the hospital had reached
capacity and needed to expand to a third floor. Original plans
had indicated a third floor which would house forty eight
additional rooms. It was thought that the third floor was
allowed and had been granted under previous zoning but learned
that that was not the case.
No one spoke in opposition.
The Mayor closed the public hearing.
Karen Feshari, Urban Planner, stated that staff had encouraged
the applicant to request a rezoning to office district instead
of amending the Planned Development as a hospital was an
allowed use in an office district. In the event the hospital
would relocate, another medical facility or related use would
be able to obtain a certificate of occupancy without having to
amend the planned development district. Another reason to
rezone to office was that by applying for and obtaining an
office zoning district, it allowed flexibility for the hospital
to expand their facility without the additional time and money
incurred in amending the planned development each time.
The following ordinance was considered:
NO. 91-024
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR A CHANGE FROM PLANNED DEVELOPMENT "PD" DISTRICT TO
OFFICE "O" ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 4.844 ACRES OF LAND LOCATED ON THE
WEST SIDE OF BONNIE BRAE STREET APPROXIMATELY 500 FEET
NORTH OF WEST OAK STREET, AS IS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
422
City of Denton City Council Minutes
February 19, 1991
Page 10
Ayer motioned, Gorton seconded to adopt the ordinance.
vote, Trent "aye," Alexander "aye," Hopkins "aye,"
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
Motion carried unanimously.
On roll
Gorton
"aye."
Consent Agenda
Mayor Castleberry stated that staff requested Items 3.A.6. and
3.A.8. be pulled for special consideration.
Hopkins motioned, Alexander seconded to
Agenda with the exception of Items 3.A.6.
carried unanimously.
approve the Consent
and 3.A.8. Motion
A. Bids and Purchase Orders:
1. Bid #1216 - Four Door Sedan
2. Bid #1217 - Utility Truck Bodies
3. Bid #1219 - Traffic Signal Luminaire Poles
and Ornamental Bases
4. Bid #1221 - Gasoline and Diesel
5. Bid #1213 - Wood Utility Poles
7. Bid #1215 - Scripture Street Paving and
Improvements
Item 3.A.6. was considered.
Lloyd Harrell, City Manager, stated that a new ordinance was
before Council reflecting a change in the dollar amount of the
ordinance. The new amount was $11382.50 rather than the
$11382.00 as was in the back-up material.
Jerry Clark, City Engineer, stated that page 7 of the contract
with GEONEX had been changed to reflect the following wording
in section #23 "calendar day of delay resulting from actions
of GEONEX". This change would mean that G~ONEX would not pay
liquidating damages if the City held the documents for a
lengthy period of time.
Boyd motioned, Gorton seconded to approve Consent Agenda Items
3.A.6. and 3.A.8. with the noted changes. Motion carried
unanimously.
A. Bids and Purchase Orders:
6. P.O. #11979 - Rone Engineering
RFP #1160 - GIS System
City of Denton City Council Minutes
February 19, 1991
Page 11
423
4. 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. (3.A.1. - Bid #1216, 3.A.2. - Bid #1217, 3.A.3. -
Bid #1219, 3.A.4. - Bid #1221, 3.A.5. - Bid #1213)
The following ordinance was considered:
NO. 91-025
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.
Ayer motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
B. ~he Council considered adoption of an ordinance
accepting competitive bids and prgviding for the award of
contracts for public works or improvements. (3.A.7. - Bid
#1215)
The following ordinance was considered:
NO. 91-026
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, 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.
C. The Council considered adoption of an ordinance
providing for the expenditure of funds for professional
engineering and testing services relating to the City's
landfill. (3.A.6. - P.O. #11979)
424
City of Denton City Council Minutes
February 19, 1991
Page 12
The following ordinance was considered:
NO. 91-027
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT BETWEEN THE CITY OF DENTON AND RONE ENGINEERS
FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES
RELATING TO THE CITY'S LANDFILL; AND PROVIDING FOR AN
EFFECTIVE DATE.
Boyd 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.
D. The Council considered adoption of an ordinance
awarding a contract for database conversion services to Geonex
Martel, Inc. (3.A.8. - RFP #1160)
The following ordinance was considered:
NO. 91-028
AN ORDINANCE AWARDING A CONTRACT FOR DATABASE
CONVERSION SERVICES TO GEONEX MARTEL, INC.; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Alexander motioned, Hopkins motioned with the noted changes.
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
calling and ordering an election to be held in the City of
Denton, Texas, on May 4, 1991, and, in the event a runoff
election is required, on May 18, 1991, for the purpose of
electing Council members to the City Council of the City of
Denton, Texas to Places 1, 2, 3 and 4; ordering that the punch
card electronic voting system adopted by Denton County be used
in said election; designating voting Dlac~s and appointing
election officials; providing for election supplies; and
providing for notice of said election.
The following ordinance was considered:
City of Denton City Council Minutes
February 19, 1991
Page 13
425
NO. 91-029
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE
CITY OF DENTON, TEXAS, ON MAY 4, 1991, AND, IF A
RUNOFF ELECTION IS REQUIRED, ON MAY 18, 1991, FOR THE
PURPOSE OF ELECTING COUNCILMEMBERS TO PLACES 1, 2, 3,
AND 4 OF THE CITY OF DENTON, TEXAS; ORDERING THAT THE
PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED;
DESIGNATING VOTING PLACES AND APPOINTING ELECTION
OFFICIALS; PROVIDING FOR NOTICE OF THE ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Ayer 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.
F. The Council considered adoption of an ordinance
amending Chapter 27 ('Wreckers") of the Code of Ordinances to
require vehicles towed under the rotation list be stored in a
licensed vehicle storage facility located within the City of
Denton.
Rick Svehla, Deputy City Manager, stated that the ordinance
would require wrecker companies to have a storage facility
within the City of Denton if they wanted to be on the rotation
list.
The following ordinance was considered:
NO. 91-030
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
CHAPTER 27 ("WRECKERS") OF THE CODE OF ORDINANCES TO
REQUIRE VEHICLES TOWED UNDER THE ROTATION LIST BE
STORED IN A LICENSED VEHICLE STORAGE FACILITY LOCATED
WITHIN THE CITY OF DENTON; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
Trent 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.
G. The Council considered adoption of an ordinance
amending Chapter 2 of the Code of Ordinances by adding Article
vii; establishing and creating the Beautification Advisory
Commission. (The Beautification Commission recommended
approval.)
426:
City of Denton City Council Minutes
February 19, 1991
Page 14
The following ordinance was considered:
NO. 91-031
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON BY ADDING ARTICLE
VII; ESTABLISHING AND CREATING THE BEAUTIFICATION
ADVISORY COMMISSION; PROVIDING FOR THE ADOPTION OF
POWERS AND DUTIES OF THE COMMISSION: PROVIDING FOR A
REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Boyd motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
5. Resolutions
A. The Council considered approval of a resolution
delegating to the Treasurer of the State of Texas the authority
to invest City funds and to act as custodian of investments
purchased with City funds.
Harlan Jefferson, Treasurer, stated that in 1989, the Texas
Legislature amended the Interlocal Cooperation Act to
facilitate the creation of local government investment pools.
The pools were used for short term investments. The benefits
of the pools were that they were more flexible than any other
investment instrument, they had no minimum balance requirement
and no penalties for early withdrawals. This was an
improvement over the two short-term investment instruments
currently utilized. The pools also tended to lag behind the
market place and react slowly to sharp increases or decreases
in rates.
The following resolution was considered:
NO. R91-004
A RESOLUTION DELEGATING TO THE TREASURER OF THE STATE
OF TEXAS THE AUTHORITY TO INVES~ CITY PUNDS AND TO ACT
AS CUSTODIAN OF INVESTMENTS PURCHASED WITH CITY FUNDS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Ayer seconded to approve the resolution.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye~m and Mayor Castleberry
"aye." Motion carried unanimously.
City of Denton City Council Minutes
February 19, 1991
Page 15
427
B. The Council considered approval of a resolution
approving an agreement for participation in the Local
Government Investment Fund for Texas; authorizing the Mayor to
execute the common investment contract for participation in the
fund; approving of the investment objectives and purposes of
the fund; and authorizing the transfer for investment of public
funds to the fund.
Harlan Jefferson, Treasurer, stated the the Texas Local
Government Investment Fund for Texas offered the City the same
three benefits as Texpool - flexibility, lag in interest rates,
and higher interest rates. This Fund was primarily for the
north Texas area.
The following resolution was considered:
NO. R91-005
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING
AN AGREEMENT FOR PARTICIPATION IN THE LOCAL GOVERNMENT
INVESTMENT FUND FOR TEXAS; AUTHORIZING THE MAYOR TO
EXECUTE THE COMMON INVESTMENT CONTRACT FOR
PARTICIPATION IN THE FUND; APPROVING OF THE INVESTMENT
OBJECTIVES AND PURPOSES OF THE FUND; AUTHORIZING THE
TRANSFER FOR INVESTMENT OF PUBLIC FUNDS TO THE FUND;
AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Boyd 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.
C. The Council considered approval of a resolution
approving the placement of a local historic site marker in the
Civic Center Park to commemorate the history of Quakertown.
(The Historic Landmark Commission recommended approval.)
The following resolution was considered:
NO. R91-006
A RESOLUTION APPROVING THE PLACEMENT OF A LOCAL
HISTORIC SITE MARKER IN THE CIVIC CENTER PARK TO
COMMEMORATE THE HISTORY OF QUAKERTOWN.
Hopkins motioned, Ayer seconded to approve the resolution with
a correction in second "Whereas" indicating the "residents of
Quakertown were relocated". On roll vote, Trent "aye,"
Alexander "ay--~-w, Hopkins "aye," Gorton "aye," Ayer "aye," Boyd
"aye," and Mayor Castleberry "aye." Motion carried unanimously.
428
City of Denton City Council Minutes
February 19, 1991
Page 16
D. The Council considered approval of a resolution
adopting a policy regarding placement of advertising signs at
City athletic fields; and designating the Denton Youth Sports
Association as an organization permitted to erect said signs.
(The Parks and Recreation Board recommended approval.)
The following resolution was considered:
NO. R91-007
A RESOLUTION ADOPTING A POLICY REGARDING PLACEMENT OF
ADVERTISING SIGNS AT CITY ATHLETIC FIELDS; DESIGNATING
THE DENTON YOUTH SPORTS ASSOCIATION AS AN ORGANIZATION
PERMITTED TO ERECT SUCH SIGNS; 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," Boyd "aye,' and Mayor Castleberry
'aye." Motion carried unanimously.
E. The Council considered approval of a resolution
approving the infrastructure financing policy and repealing
R89-019. (The Public Utilities Board and the Planning and
Zoning Commission recommended approval.)
David Ham, Manager-Construction Projects, stated that the
Denton Development Plan had recommended an economic growth
incentive policy that promoted balanced growth through the
City. In response to that recommendation, the Public Utilities
Board and the Planning and Zoning Commission approved the
guidelines'which would set aside funds for water and sewer line
construction to encourage economic growth in selected areas of
the City. The Guidelines prescribed rating and ranking
criteria by which such lines would be selected for
construction. In March, 1989, the Guidelines were approved by
the City Council. Following that, the Public Utilities Board
expressed concern that several of the Guidelines' top-ranked
lines were in the southern part of the City where economic
growth was already sufficient. In January, 1990, the Board
proposed a r~vi~d poli~y ~ha~ would ~ollow, ra~h~r than lead,
economic growth. The new policy would also do away with the
rating and ranking of proposed lines and would make funds
available only for lines serving industrial prospects. City
Council expressed concern regarding the proposed revisions and
directed the Board and the Planning and Zoning Commission to
further examine the policy change. In addition, the Legal
Department requested the policy be revised to incorporate
language that would satisfy the requirements of the Texas Local
Government Code regarding the granting of public money to a
private concern for the purpose of stimulating business and
commercial activity.
City of Denton City Council Minutes
February 19, 1991
Page 17
429
Council Member Ayer expressed concern that the policy was
making changes in the recommendations of the Land Use Planning
Task Force. That Task Force had suggested the policy of
leading rather than following development. Now the policy was
proposed to be changed to follow rather than lead development.
The following resolution was considered:
NO. R91-008
A RESOLUTION APPROVING THE
POLICY; REPEALING R89-019;
EFFECTIVE DATE.
INFRASTRUCTURE FINANCING
AND PROVIDING FOR AN
Trent motioned, Hopkins 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.
F. The Council considered approval of a resolution
authorizing the submission of an application to the Texas
Criminal Justice Division requesting funding for a special law
enforcement unit to investigate child abuse~violations.
Rick Svehla, Deputy City Manager, stated that this was a grant
program from the Criminal Justice Division for child abuse
investigation. The grant was for 60% of the funding and would
allow the purchase of a computer which would help categorize
pictures and to alter facial features for identification. A
decision had not been made yet as to whether to include the
computer in the grant request.
Council Member Trent asked for the number of cases investigated
over the last two years of the program.
Svehla replied that he did not have exact figures but that
there had been an increase in the number of cases investigated.
Council Member Trent asked if there was duplication of efforts
among agencies such as Human Services.
Svehla replied that there might be some duplication but that
the Human Service agencies generally dealt with the
child/family members rather than the actual prosecution.
The following resolution was considered:
430
City of Denton City Council Minutes
February 19, 199.%
Page 18
NO. R91-009
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING
THE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL
JUSTICE DIVISION REQUESTING FUNDING FOR A SPECIAL LAW
ENFORCEMENT UNIT TO INVESTIGATE CHILD ABUSE
VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
Gorton 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.
Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. January Budget Recap - the recap was presented in
the agenda back-up.
B. Staff would like to continue with the work
session items that were not discussed earlier.
3. Continued a discussion regarding the potential sale of
the City's commercial solid waste system, considered possible
alternatives, and gave staff direction.
Bob Nelson, Executive Director for Utilities, continued with
the transfer station/long term disposal contract points: (9)
Waste Management would pay Denton $1.5 million with payment
terms of $.40 cubic yard surcharge on the first 3,750,000 cubic
yards of volume at the transfer station; (10) the transfer
station contract would be for 20 years with a five year renewal
provision thereafter and an op out clause after 15 years; (12)
the City would support Waste Management in getting the transfer
station permit; (13) the tipping fee at the D/FW landfill prior
to completion of the transfer station would be $2.00 per cubic
yard as opposed to $2.55 subject to CPI and Regulatory
Escalators; (14) if the transfer station was not built, Waste
Management would provide the City 1,272,800 cubic yards of
residential solid waste volume at D/FW landfill for 55 cents
cubic yard below the gate rate which had an estimated value of
$700,000.
Lloyd Harrell, City Manager, stated that this was the only
place in the proposal where the City had a certain element of
risk. The two other paym~nt~ after the $1.9 million which was
the $1.7 million and the $1.5 million, was tied to the opening
of the transfer station. There should not be a problem with
the transfer station but there was a remote possibility that
the permit could not be obtained for the transfer station. If
that happened, the $700,000 was Waste Management's share for
the risk.
City of Denton City Council Minutes
February 19, 1991
Page 19
431
Nelson continued with the transfer station/long term disposal
contract points: (15) Waste Management estimated value of the
proposal was $1.9 million for the commercial system, $1.7
million for the transfer station contract, ~1.5 million for
assistance of early closure of Denton's landfill, and $1
million savings on tipping fees over the next 10 years - $5.20
as opposed to $6.40 rate on 80,000 cubic yards per year.
Council Member Alexander asked about the difference between the
$2.55 tipping fee at the landfill and the $5.20 tipping fee at
the transfer station.
Nelson replied that that included the transportation between
Denton and the D/FW landfill.
Council Member Gorton asked what a citizen would do to take
items to the landfill if it were closed.
Nelson replied that it would be taken to the transfer station.
Council Member Gorton stated that the rates would be subject to
the market.
City Manager Harrell stated that if the contract were approved,
there might be six to nine months when the landfill would be
closed and the transfer station not completed. Citizens would
have to go to another landfill during that time.
Council Member Gorton expressed concern that if the landfill
were closed and the transfer station not complete, that people
might dump somewhere there were not suppose to.
Council Member Trent stated that of the $6.1 million of the
proposed contract, the City would be receiving some money up
front to retire a sizeable debt and debt service. This would
be a great infusion into the budget.
Council Member Trent asked if there were any other possible
risks other than not obtaining the transfer station permit.
Nelson replied there might be a problem obtaining the property
and proper zoning and permitting for the station. The $6.00
per yard charge might be a problem versus the $2.55 per yard at
the D/FW landfill.
City Manager Harrell replied that the only other risk was that
if the proposal were accepted, the City would loose any kind of
control over what would be charged for the commercial
customers. The Chamber of Commerce and others stated that that
could be controlled by competition as Waste Management would
not be an exclusive provider. However, the situation might be
that Waste Management would be the dominant provider and there
might not be adequate competition and rates would go up.
432
City of Denton City Council Minutes
February 19, 1991
Page 20
Council Member Trent stated that an individual could go to
another commercial waste hauler if Waste Management's rates
went up too high.
City Manager Harrell replied that if Waste Management kept
almost all of the City's customers and their current customers,
they could have 95-97% of the business. It could be argued
that other waste haulers would be reluctant to move into a
market which was so saturated by one company. That would be
the only time when the free market competition would not work
effectively.
Council Member Trent stated that he felt the City was receiving
a very good deal with the Waste Management proposal.
Council Member Ayer stated that the SWAC Committee had
recommended that the City of Denton become the sole provider
for commercial waste. That recommendation was reviewed and the
major argument for changing that recommendation was the unknown
costs involved in Subtitle D. The City needed to get out of
the landfill business because of the costs of the Subtitle D.
Staff's back-up material now stated that Subtitle D would not
have a serious impact on Denton's operational cost. That
eliminated a big argument for selling the system. In staff's
erformance analysis, the cumulative value to the City would be
543,000 for scenario 1AAA, $2,137,000 for Scenario 2. If
Denton were the exclusive provider, the cumulative value would
be $3,761,000. Those figures show that if the City accepted
the proposal, it would be only for political reasons and in
doing so, would cost the citizens, in the long run, a
considerable amount of money.
Nelson replied that the figures were how the analysis came
out. But in order to accomplish that, the City needed to be an
exclusive provider.
Council Member Ayer replied that all the discussion so far was
that this was a great economic deal for the City. He was
proposing that for the citizens of Denton, this was not a good
economic deal. It was going to cost them money.
Council Member Alexander stated that the proposal from Waste
Management would eliminate any risk factors relative to the
cost of closing the landfill. That was an unknown cost.
City Manager Harrell stated that it was important for the
Council to pick one way or the other to deal with the
situation. If the offer from Waste Management was not
accepted, then the Council needed to be prepared to grant the
City exclusive franchise. To continue to do what the City was
now doing put the City's residential customer in great risk.
City of Denton City Council Minutes
February~19, 1991
Page 21
433
A lengthy discussion continued with the following points:
The $3 million was not up front money - the $1.9
million was up front money.
Risks were pointed out regarding the proposal - all
the good was not on one side.
Residential customers would be protected for the next
10-12 years.
If solid waste not handled right, the City would be
responsible.
In a few years, Waste Management would have a monopoly
in the City and there would not be any competition.
The transfer station was not ideal in any neighborhood
and there might be a problem for a location for it as there
there would be for a new landfill.
What would happen if the transfer station were built
and Waste Management defaulted.
If the City had exclusive '~ranchise, what assurances
would there be that the new landfill would not have the similar
problems as the old landfill.
There was a potential for unlimited liability on the
City's part.
Two citizen groups studied the problem in detail and
both recommended that the City go to exclusive service. Before
that was dismissed, it was important to look carefully at what
they said.
Was there a need to revisit with members of the SWAC
Committee and the ~Public Utilities Board to discuss their
recommendations.
Mickey Flood, Waste Management, spoke to Council regarding the
history of Waste Management and the history of the Project.
Consensus of the Council was to hold a public hearing regarding
the issue and discuss with members of the Public Utilities
Board their recommendation at the next Council meeting. Staff
was to begin preparing the necessary documents for Council
consideration of the proposal.
434
City of Denton City Council Minutes
February 19, 1991
Page 22
The Council returned to Agenda Item #7.
7. The Council took the following action from Executive
Session held during the Work Session:
A. Legal Matters
Debra Drayovitch, City Attorney, stated that this was reporting
out some of the actions the Council considered in Executive
Session regarding the lawsuit Count~ vs. City, specifically the
motion and i. ntervention filed by Flow Regional Medical Center,
Inc.
Mayor Pro Tem Boyd stated that Flow Regional Medical Center had
filed with District Court, a plea in intervention and a motion
requesting that the Center be designated as the recipient
organization to continue existence and administer assets in
lieu of dissolution of the former Flow Memorial Hospital. The
Center further advised the Court that they had assets, that
presently consist of cash in excess of $250,000 and a note
receivable for $1,900,000 and that the Center was the proper
recipient organization to administer these assets and carry out
the intention of the H.E. FLow Will and provide insofar as it
can for the health care needs of all the people of the City of
Denton and Denton County regardless of their ability to pay for
that care. The Council had also been advised that the Center
intended to request that it be designated as the recipient
organization of the assets of the Flow Foundation, which
presently consisted of approximately ~1 million. The City
received a number of requests every year from worthy
organizations in the City for health care related services.
The City had had inadequate tax dollars to fulfill those
requests. The Council, in Executive Session, wished to commend
the Center for taking steps in ensure that the above-mentioned
funds would be distributed to nonprofit agencies providing
health care services within the City and County and thus,
establishing a significant resource for agencies providing
those services to the citizens.
Boyd motioned, Gorton seconded that the Council expressed that
it did not wish to object to the Motion filed by the Center,
and indeed, viewed the requested designation as the
commencement of a new era in health care funding in Denton by
the Center's taking a lead role as the primary funding resource
for non-profit health care agencies and by not pursuing an
objection to the Center's Motion, the City was relinquishing
any right to claim a portion of the assets of the Hospital, and
that the City Council believed it appropriate to also
relinquish its role as a direct provider of funds for health
related services in the future. 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
February 19, 1991
Page 23
435
The intent of the motion was to instruct the City Attorney to
prepare a resolution to that effect and to make the Council's
intent known to the Judge in Court.
The Council returned to the Work Session Items not considered
during the Work Session.
4. The Council considered a report and held a discussion
regarding the City's Capital Improvement Plan and the budgeting
process.
Mark McDaniel, Budget Officer, stated that there had been some
improvements made to the budgeting process. The new plan would
include a capital and operating budget. That budget would
include better identification and better tie of operation and
maintenance costs related to each capital project - annual
inflation rates by expenditure category, a plan scope, items
having a useful life of more than 10 years, a budget scope
which would include all capital items, and a discontinuation of
criteria rating forms. Staff would recommend to Planning and
Zoning Commission based on project evaluation and impact on
various items.
discussion
5. The Council received a report and held a regarding
support and funding of the I35E corridor.
Rick Svehla, Deputy City Manager, stated that efforts were
being made to move additional construction projects on I35E
ahead in the Highway Department's funding and letting
schedules. Staff was requesting guidance from the Council
regarding entering into such an agreement assuming a number of
other cities would participate along with Denton and Dallas
Counties. The proposal would give all the cities in the
counties a proposed plan and strategy for trying to implement
more of the projects into the Highway Department's strategy.
At the same time, it would take into account each of the
individual entities work plans and make sure that this effort
did not conflict with those plan. Lewisville and Carrollton
were very interested as was Farmers Branch.
8. New Business
There were no items of New Business suggested by Council
Members for future Council agendas.
9. The Council convened into Executive Session to discuss
legal matters (considered action in County vs. City and
considered action in Kelsoe vs. City), real e~tate (considered
authorization for acquisition of utility easements relating to
the transmission line from the Hartley Field Booster Station to
the Ray Roberts Water Plant), and personnel/board appointments
4'36
City of Denton City Council Minutes
February 19, 1991
Page 24
(considered appointments to the Building Code Board, Community
Development Block Grant Committee, the Electrical Code Board,
the Historic Landmark Commission, the Human Services Committee,
the Animal Shelter Advisory Committee, the Blue Ribbon
Committee for Storm Water Utility and the Sign Board of
Appeals). No official action was taken.
With no further business, the meeting was adjourned.
3353C
CITY OF DENTON, 7XAS