Loading...
Minutes May 21, 1991122 CZTY OF DENTON CITY COUNCIL MINUTES MAY 21, 1991 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. The Council convened into Executive Session to discuss legal matters (considered action in re: Flow), real estate, and personnel/board appointments (considered appointments to the Citizens Traffic Safety Support Commission, the Zoning Ordinance Task Force, and the Public Utilities Board.) 2. The Council received a report and held a discussion regarding the Human Services Committee preliminary budget recommendations for the 1991-92 program year. Dorothy Damico, Chair-Human Services Committee, stated that last year funding cuts were done to three agencies in order to give money to Parents Anonymous. The money received from the City and from other funding sources was not enough to keep the agency going. The money received by the City was not used and the Committee was requesting that that money be given back to the three agencies it was originally taken from. Originally, the Human Services Committee was seen by the Council as a Very cost effective way of providing human services to people who needed them as the City did not provide the entire service but did contract with non-profit agencies which could provide the service. Services from last year included child care, family protective services, social services, low cost housing and food. All of the agencies pursue money from other sources and Damico presented a handout indicating where and the amounts of additional funding these agencies received. This was funding which came into the community through these agencies from an outside source and were not City dollars. Some of the funds were matching funds and some were two for one matching funds. Damico stated the three years ago, the Committee did a needs assessment survey in the City. The number one problem identified was access to affordable health care. At that time, the City was not able to discuss funding health care agencies due to a pending lawsuit. Those legal problems had been resolved and as the need still existed, it needed to be discussed. She felt it was not the total responsibility of the City for health care but it did need to assist. The City needed to do something to support the access to affordable health care for people who could not afford it. Two agencies recommended for funding dealt with this issue. The Prenatal Clinic dealt with health care and AIDenton was a health related agency. The Committee also wanted to discuss the transportation issue. Last year Handihop and SPAN were moved out of the human services area and into a separate transportation category. The Committee felt that there would be City of Denton City Council Minutes May 21, 1991 Page 2 adequate public transportation for the elderly at that time. That had not materialized and the Committee was asking that Handihop be returned to the human services area. Mayor Pro Tem Hopkins stated that last year the Committee wanted the Council to remove transportation from their budget. Now the Committee was asking to have it returned. Could Damico explain that request. Damico replied that public transportation had not developed as the Committee hoped it would. The Committee was anxious to have back just that portion of the transportation area dealing with rides for the elderly such as Handihop. Lloyd Harrell, City Manager, stated that there would be a separate budget item which would deal strictly with transportation in the upcoming budget discussions. It would be a stand alone budget. That would evolve next year as the City was moving from rural transportation to urban transportation. City government would have a much more direct involvement through SPAN in making contracts for public transportation. In that transportation budget, there would be not only an allocation for the elderly and the handicapped but also the contract with an urban transportation program. There would be no separate advisory committee which would look at transportation funding and recommend back to Council how to allocate funding. Damico replied that the Committee was concerned that transportation for the elderly and handicapped did not have a place in the budget. Mayor Pro Tem Hopkins felt that the transportation issues needed to remain in one area. There was no need for a transportation budget and then pull certain areas out and place in another budget area. That was an area of consideration which would be brought up during budget discussions. City Manager Harrell stated that when a community was under 50,000 population, the funding was Section 18 and a community over 50,000 population received funding from Section 9. SPAN had been receiving federal support from the rural transportation fund due to the City's 1980 census being under 50,000. SPAN could directly apply for those funds as it was a non-profit organization. With the 1990 census, the City was over 50,000 population and would be in the urban Section 9 program. With the Section 9 program, SPAN could not directly receive the federal subsidy for running a transportation system. A city government had to apply for the funds and then allocate tho~e fund~ to the appropriate agency. 123 124 City of Denton City Council Minutes May 21, 1991 Page 3 Council Member Trent asked for the percentage of dollars which was used for direct support as opposed to administrative costs for the various agencies. Damico replied that she would be able to put those figures together for the Council. She did know that with FEMA, all of the money went to City utilities or to landlords for rent. 3. The Council received a report and held a discussion regarding: ae Conditioned Zoning Sidewalk exceptions, and Preliminary Zoning Ordinance Recommendations Task Force Frank Robbins, Executive Director for Planning, stated that conditioned use zoning would attach special or more strict conditions which were not spelled out in the "straight zoning' district standards to an ordinance zoning or rezoning land. The standards or conditions would not be less strict than those in the zoning district being conditioned. Uses which were shown as permitted for a 'straight zoning district" may be disallowed with a conditioned rezoning. It was felt that this technique would become a common practice due to the flexibility it offered the regulatory process. The proposed sidewalk amendment would exempt sidewalk construction in residential replats where the previous plat did not require sidewalks. Preliminary Zoning Ordinance Task Force recommendations included (1) create a 'user friendly' document, (2) add standards and narrow the list of uses in some zoning districts - the new standards would more precisely regulate the character of development, (3) create new, less intense commercial and industrial districts with varying scales of development intensity, (4) adopt conditioned zoning to enable specific, easy, fine tuning of development to the specific site, (5) develop performance standard based, intensity sensitive, mixed use districts that would enable a more direct relationship between comprehensive plan policy and zoning district standards, (6) develop overlay standards for special places, such as around the airport,.along arterial corridors, for flood plains and forests, and in the central business district, (7) amend the PD article to enable a closer relationship between the public review process and the private development process. Procedural recommendations included (1) review drafts with Planning and Zoning and Council before holding public hearings, and (2) make notice by mail to affected landowners and enable their comments before changing standards or processes of the zoning districts that they owned. City of Denton City Council Minutes May 21, 1991 Page 4 4. The Council received a report and held a discussion regarding a plan and replacement of word processing equipment. Lloyd Harrell, City Manager, stated that this issue had been in several budget discussions. The equipment was old and there was some difficulty in obtaining replacement parts for the equipment. Until now, there was always a high cost associated with the replacement of the equipment and the decision to do so had been put off from year to year because of that. A proposal was before Council to replace the word processing equipment in the City and keep the same yearly costs for maintenance and other items. Gary Collins, Director-Information Services, stated that the City's equipment was about 15 years old. He detailed present equipment in various locations throughout the City. A comparison of the current system versus the proposed system was presented. The proposed system would contain 22 PC's, 10 laser printers, Wordperfect, Harvard graphics, Ventura, office services, list processing and connectivity to the IBM mainframe. Collins stated that there were four bids in response to the City's request for proposal - Wang, BTTech, IBM and GTE. Only the two low bids from Wang and BTTech were considered for comparison. Collins presented a comparison of office services available with the two systems. Staff was recommending the Wang proposal as it had more features than the other system. Council Member Trent asked what was the recommendation of the Data Processing Board. Collins replied that the Board had a meeting scheduled but did not have a quorum. The two members of the Board present were briefed on the two systems and they indicated they were in favor of the Wang proposal. 5. The Council was to have received a report and held a discussion regarding curbside recycling. This item was not considered during the Work Session but was considered under Miscellaneous Matters from the City Manager. 6. The Council received a report and held a discussion regarding the updated City Council Budget Questionnaire. Lloyd Harrell, City Manager, stated that a questionnaire had been submitted to the three new Council Members and their answers had been included with the other rankings. Street construction and maintenance remained a priority. Demolition of substandard buildings moved up a bit in the rankings. Harrell indicated that there was a large gap between revenue estimates and baseline budget requests. Without a substantial 125 126 City of Denton City Council Minutes May 21, 1991 Page 5 tax increase, it might be necessary to have a number of lay-offs and reduction in services. There would have to be a minimum of a 2~ tax increase due to the Freeport Amendment. Council would have to determine where to go from that point. 7. The Council was to have received a report and held a discussion regarding the 1991-92 budget requests from the City Attorney and Municipal Judge. This item was not considered. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Presentation of Yard of the Month Awards Mayor Castleberry presented the awards to the following: W. C. Herring Anna Laura Hansel Larry Lee Arnett Mr. and Mrs. Curtis Erwin Sonic Drive-In Mayor Castleberry presented a proclamation to Rev. William C. Crouch for William C. Crouch Appreciation Day. 3. The Council considered approval of the minutes of the Regular Session of April 16, 1991 and the Special Call Session of April 23, 1991. Hopkins motioned, Alexander seconded to approve the minutes as presented. Motion carried unanimously with Smith and Chew abstaining as they were not'present for the meetings. Citizen Reports A. The Council received a citizen report from Barbara Russell regarding the structure of the Chamber of Commerce and its relationship to the City of Denton. City of Denton City Council Minutes May 21, 1991 Page 6 127 Ms. Russell, Chairman-Board of Directors-Denton Chamber of Commerce, presented the make-up of the organization. The organization was founded in 1909 to protect, support and promote the local business community. It was primarily a volunteer organization with only three full-time staff who maintained a year-round program structure consisting of 16 standing committees, task forces and advisory boards. Currently there were over 850 different businesses and professionals on the membership rolls. The Chamber was governed by a 29 member Board of Directors elected by and from within the membership. Of these 29 Directors, all presently owned and managed a local business as well as resided in the City of Denton. Standing committees were reviewed and approved annually by the Board of Directors based on what they collectively perceived to be the current needs and issues. One of these standing committees was the Government Relations Committee. The Government Relations Committee primarily focused on issues which affected the local level which in most cases involved the activities of city government. All current members were invited to participate on all of the standing committees of the Chamber. In the Chamber's opinion, the Government Relations Committee served a very useful purpose in that it provided the City and the Chamber Board an ongoing "pulse feel" of the diverse cross section of individuals who managed a business in Denton. Special task forces might be assigned for certain issues. The Board of Directors would take a formal position on some issues from time to time on behalf of the Chamber but that did not preclude individual members from expressing their own personal views. Since 1976, the Chamber had contracted with the City to run a Convention and Visitors Bureau. The Chamber and City also had a joint office of economic development. The Chamber also appreciated the City's support of its Leadership Denton Program which was designed to identify and motivate local individuals who aspired to leadership positions in all levels of government as well as the local community organizations. The Board was proud of the partnership it had with the City. B. The Council received a citizen report from Carole Harp regarding the closing of an easement and the unauthorized overuse of the property by the City of Denton. Ms. Harp stated that she and her husband would like to discuss the City's easement next to' their home. There were four points she wanted to bring before Council: (1) it was a health hazard with raw sewage seeping in the area, (2) it was dangerous to children, (3) it was impeding the egress to the property, and (4) the width of the easement. She presented Council with a petition from area residents regarding the sewage line. 125 City of Denton City Council Minutes May 21, 1991 Page 7 C. The Council received a citizen report from Truman Harp regarding the closing of an easement and the unauthorized overuse of the property by the City of Denton. Mr. Harp indicated stated that the City had closed an easement next to his property and he could not get to the backside of his property. The City had used a 14'easement instead of the 10' easement for thirty five years and then closed the easement. He had spoken with two staff people and they were not concerned with the overuse of the property. This was the third time he had been before the Council asking for help with this issue. A driveway approach had been offered but it would have taken out too many trees and most of his front yard. Mayor Pro Tem Hopkins stated that she would like this issue scheduled for an executive session discussion or a work session discussion item for review. Mayor Castleberry stated that Mr. Harp would be receiving a reply to his question. Se Public Hearings A. The Council was to have held a public hearing and considered adoption of an ordinance rezoning a 14.06 acre tract of land from Planned Development district to Agricultural District on property located on the southeast corner of US Hwy. 77 and Riney Road, north of Windsor Drive. Z-91-003 (Planning and Zoning Commission recommended approval). Mayor Castleberry indicated that this item had been pulled. City Manager Harrell stated that the item had been pulled due to a problem with notification. One property owner adjacent to the property had not received proper notification. The item would be presented to Council at a later date. B. The Council held a public hearing and considered adoption of an ordinance rezoning a 16.5 acre tract of land from Agricultural District to Planned Development District on property located south of the intersection of US Hwy. 380 and Mingo Road, east of Mockingbird Lane for the purpose of a regional distribution center for commercial air conditioning and heating parts. Z-91-005 (Planning and Zoning Commission recommended approval). The Mayor opened the public hearing. City of Denton City Council Minutes May 21, 1991 Page 8 129 Rick Salazar stated that he had founded the business in 1977. The business in Denton had evolved into a regional distribution center. The site had a buffer which would allow it to fit into a residential area. There were three phases expected for the expansion. The business employed 93 people with 45 employees in Denton. Council Member Trent asked for the value of the project. Salazar estimated the first phase of the project would cost approximately $1.8 million. No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins, Executive Director for Planning, stated that the property was located within a low intensity area. He stated that although low intensity areas were designed primarily to protect and preserve residential uses, the Denton Development Plan had provisions for encouraging economic development projects by providing development incentives. He felt that the project was a well planned development due to the layout of the property. Over 50% of the area would be left open. Some of the neighbors to the west and south of the project had expressed concerns regarding the project and Mr. Salazar had met with them to address their concerns. The following ordinance was considered: NO. 91-075 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 16.5 ACRES OF LAND LOCATED SOUTH OF THE INTERSECTION OF U.S. HIGHWAY 380 AND MINGO ROAD; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AN PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 130 City of Denton City Council Minutes May 21, 1991 Page 9 C. The Council held a public hearing and considered approval of a resolution authorizing the closing of portions of Woodland Street and Bell Avenue on May 24 and May 25, 1991. Linda Ratliff, Economic Development Coordinator, stated that Paramount Pictures had notified her late in the afternoon that there would be a change in shooting schedule. The new times would be from 7:00 p.m. on Thursday, May 23 until 12 midnight on Friday, May 24, 1991. Ratliff presented a barricade plan and indicated that off-duty police officers would be present the entire time the barricades were in place. The streets needed to be closed as they were very narrow and parking was prohibited on one side of the street. The movie trucks did not want to damage the trees in the area with their large trucks and thus requested closing the streets so as to be able to park in the middle of the street and not damage the trees. The neighbors had been contacted three different times. A letter was left at those homes the movie company was not able to contact. The company also left a flyer at each home notifying them of the public hearing tonight. The movie company would be returning to the neighborhood to inform the residents of the proposed time changes. Council Member Trent asked what would happen if the weather turned bad and the movie company could not film on those days. Ratliff replied that the filming was being done inside and the weather would not be a factor. Ellen Sandalowski, Director - Irving Film Commission, stated that she had been contacted by the producers of the movie last January looking for a campus location to film the project. Several university locations were discussed and the decision to film in Denton was based on the fact that the University of North Texas welcomed them and offered them the type of cooperation that they needed to do the job. The production company would spend quite lot of money in the area which was good for benton's economy plus the fact that Denton would be receiving good publicity and image awareness. Council Member Trent asked for the number of homes in area which would be affected by the street closing. Ratliff replied there were' 46 homes. One was vacant and one was a church. Forty signatures had been obtained on the petitions in favor of closing the street. No one had indicated any opposition to the closing. The Mayor opened the public hearing. City of Denton City Council Minutes May 21, 1991 Page 10 No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following resolution was considered: NO. R91-029 A RESOLUTION AUTHORIZING THE TEMPORARY CLOSING OF A PORTION OF BELL AVENUE AND WOODLAND STREET ON MAY 24 and MAY 25, 1991.. Hopkins motioned, Chew seconded to approve the resolution with the following changes: (1) the second paragraph would be deleted, (2) the times and days would be 7:00 p.m. on May 23, 1991 and extending to 12 midnight on May 24, 1991. On roll vote, Trent 'aye,' Alexander 'aye,' Hopkins 'aye,' Smith 'aye," Chew 'aye," Perry 'aye,' and Mayor Castleberry 'aye." Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending the general zoning ordinance to allow accessory uses within specified non-residential districts. (Planning and Zoning Commission recommended approval). The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins, Executive Director for Planning, stated that the proposed ordinance would amend the definition of accessory use to include 'customarily incidental to the principal use and located on the same lot or tract and within the same zoning district as the principal use." The Council had directed staff to expedite conditioned use and incidential mixed use provisions due to a zoning case heard in February. The accessory use could not exceed 20% of the gross floor area of a building or buildings service the principal use. The following ordinance was considered: 131 i32 City of Denton City Council Minutes May 21, 1991 Page 11 NO. 91-076 AN ORDINANCE OF THE CITY OF DENTON, TEXASt AMENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES TO ALLOW ACCESSORY USES WITHIN SPECIFIED NON-RESIDENTIAL DISTRICTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AN PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance amending the Denton Development Code by adding an exception to sidewalk requirements. (Planning and Zoning Commission recommended approval). The Mayor opened the public hearing. Mitchell Turner stated that he would like to know exceptions so that he could determine if he was in favor opposition of the ordinance. the or Frank Robbins, Executive Director for Planning, stated that a site which was replated would not be required to construct a sidewalk it the preceding plat did not require a sidewalk. Mitchell Turner stated that he was in opposition to that proposal. He felt sidewalks were needed in the City. Sidewalks provided safety and neighborliness in the City. The Denton Development Plan suggested more walking and sidewalks were needed to do so. Marion Hamilton stated that the City needed as many sidewalks as possible. She felt that if one sidewalk were required in an area, then others might install sidewalks to connect to that original sidewalk. Council Member Trent stated that the City needed sidewalks but questioned putting in a sidewalk in a 20 year old subdivision where that one site would have the only sidewalk in the area. That particular sidewalk would start no where and go no where. Hamilton replied that if there were a short sidewalk on a block that others might build into that sidewalk. The City should encourage people to put in sidewalks. The Mayor closed the public hearing. - City of Denton City Council Minutes May 21, 1991 Page 12 City Manager Harrell stated that efforts made by both the Land Use Planning Committee and the Denton Development Plan had been successful in the area of sidewalks. The subdivision regulations had been amended to require sidewalks on both sides of the streets as property was subdivided. The City had been using CIP money to build sidewalks on major streets. Mayor Pro Tem Hopkins stated she was in favor of the ordinance as having one lot in the middle of a block required to build a sidewalk did not make sense. The following ordinance was considered: NO. 91-077 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DENTON DEVELOPMENT CODE BY ADDING AN EXCEPTION TO SIDEWALK REQUIREMENTS; PROVIDING FOR A PENALTY IN THE AMOUNT OF $500 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "nay," Hopkins "aye," Smith "aye," Chew "nay," Perry "nay," and Mayor Castleberry "aye." Motion carried with a 4-3 vote. F. The Council held a public hearing and considered adoption of an ordinance amending the general zoning ordinance by adding a new Article 10A to provide for conditioned zoning. (Planning and Zoning Commission recommended approval). Frank Robbins, Executive Director of Planning, stated that the conditioned use ordinance would allow the Planning and Zoning Commission to recommend and the Council to add conditions. The conditions could include limiting uses or adding conditions or other standards which might be more strict or in addition to the standards that applied to that district's standards. It did not allow any less strict standards. The Mayor opened the public hearing. No one spoke at the public hearing. The Mayor closed the public'hearing. The following ordinance was considered: 133 134 City of Denton City Council Minutes May 21, 1991 Page 13 NO. 91-078 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING APPENDIX - B ZONING OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE 10A TO PROVIDE FOR CONDITIONED ZONING; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2t000 FOR VIOLATIONS OF CONDITIONS OR RESTRICTIONS IMPOSED; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. Consent Agenda Council Member Trent asked that Item 6.A.3. be pulled for special consideration. Hopkins motioned, Chew seconded to approve the Consent Agenda with the exception of 6.A.3. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #1248 - Water Treatment Chemicals Bid #1242 - Disposal of PCB Equipment and Debris (The Public Utilities Board recommended approval.) P.O. # 13623 - Maintenance Agreement with IBM - Mainframe Computer Hardware 5. P.O. # 13622 - IBM - System Software 6. Bid #1251 - Remodel Denton Public Library B. Tax Refunds Considered approval of a tax refund for Cedar Ridge Properties - $3,012.69 Considered approval of a tax refund for Beneficial Standard Life Insurance Company - $961.37 Consent Agenda Item 6.A.3. was considered. City of Denton City Council Minutes May 21, 1991 Page 14 135 Council Member Trent stated that his question at the Work Session regarding the Data Processing Advisory Board recommendation had not been answered to his satisfaction. City Manager Harrell stated that the project had been evaluated not only by Gary Collins and his staff but the Executive Staff had received the same detailed presentation. A meeting was called by the Data Processing Advisory Board to brief them on the proposal and receive feedback to present to Council. Unfortunately, only two of the five members met for the meeting. Lacking a quorum, the two members who were present were briefed. Both of those members expressed concurrence with the staff's evaluation of the proposal and recommended that the City proceed. In staff's opinion, the proposal had been through a fairly detailed review at the staff level and by two of the members of the Data Processing Board including the Chairman. Council Member Trent stated that was two out of the five members. City Manager Harrell replied that was correct. Council Member Trent stated that'he had a concern as there was an advisory board that was in place to do this type of evaluation and provide feedback to the Council and yet there was not a quorum which looked at the proposal. He understood staff had looked at the proposal but that was what the Boards and Commissions of the City were for. He wanted to know why the Data Processing Board could not give the Council their full recommendation. Council Member Chew stated that the members had an opportunity to attend the meeting. The Council perhaps needed to look at why the other members were not present and not question the two members who were present. Council Member Trent stated that he would feel better about the recommendation if the Council had the recommendation of the full Data Processing Advisory Board. Council Member Chew asked if a motion was in order. Jim Kuykendall, Chair-Data' Processing Advisory Board, stated that the Board met last Monday. Two members were out of town and a third did not attend the meeting. There was little notice when the meeting would be held. The Council could have the entire Board meet and discuss the proposal if the Council desired. The two members present did review the proposal at great length. The staff recommendation was very, very sound. He told Council that if the entire Board would meet, the entire Board would unanimously approve the recommendation. He was surprised to learn that the City was finally considering 136' City of Denton City Council Minutes May 21, 1991 Page 15 replacing the Wang Word Processing System which was 13 years old and which the Board had discussed in previous meetings as to when was the City going to do something before the system crashed and could not be fixed. Mayor Pro Tem Hopkins stated that she remembered previous reports and recommendations from the Board that the City replace the system as soon as possible. She felt it was a cost effective way to proceed and receive a lot for the system. Kuykendall replied that it was very cost effective. Mayor Pro Tem Hopkins asked for the time frame for replacing the system. Collins replied within the next two months. Chew motioned, Alexander seconded to approve Item 6.A.3. Council Member Trent stated that the issue as to whether the equipment was needed or not was not the question he was concerned with. The issue was why, if the Council had a committee, why that committee was not functioning. Kuykendall had indicated that there was a very short notice regarding the meeting. Kuykendall replied that the meeting was called quickly so that it could be presented to Council as quickly as possible. Council Member Perry asked if Kuykendall felt the recommendation represented the consensus of the Advisory Board. Kuykendall replied definately. He could not imagine any of the members having any problems with the proposal at all. It was a very sound proposal. Council Member Trent stated that he was not contesting that. He was contesting the fact that the Council did not have the input of the Committee and that Kuykendall was speaking for the other three members of the Committee who were not at the meeting. Kuykendall replied that he felt very comfortable doing that. Council Member Trent asked why the meeting was so rushed that an agenda could not be gotten to the members. Kuykendall replied he imagined that the bids had been received and that staff was trying to get it before Council as soon as possible in order to get the process started. City of Denton City Council Minutes May 21, 1991 Page 16 137 Council Member Chew called the question. Council Member Trent stated that he was concerned that a bad precident was being started. There were committees and boards in place and yet the Council was not looking to them for the kind of advice that they were put in place for. Kuykendall replied that to his knowledge, this was the only time that the Board did not have a quorum to act on issues and to make their recommendations known to the Council. He knew this was an important issue and volunteered to come and speak to Council. On roll vote for Consent Agenda Item 6.A.3., Trent "nay," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried with a 6-1 vote. A. Bids and Purchase Orders: 3. RFP #1202 - Wang - Word Processing Upgrade 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. (6.A.1. - Bid #1248, 6.A.2. - Bid #1242, 6.A.6 - Bid #1251) The following ordinance was considered: NO. 91-079 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALSv EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "ayev" and Mayor Castleberry "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (6.A.4. - P.O. #13623, 6.A.5. - P.O. #13622) 138 City of Denton City Council Minutes May 21, 1991 Page 17 The following ordinance was considered: NO. 91-080 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for the purchase of materials, equipment, supplies, or services. (6.A.3. - RFP #1202) The following ordinance was considered: NO. 91-081 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL 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. Chew motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "nay," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried with a 6-1 vote. D. The Council considered adoption of an ordinance providing for the saving of established fees authorized to be collected pursuant to the Code of Ordinances of the City of Denton, Texas; providing that a schedule of fees shall be maintained on file in the office of the City Secretary. Debra Drayovitch, City Attorney, stated that the ordinance was a cost saving measure. The old Code of Ordinances contained various fees that required a new printing of pages whenever those fees were changed. The ordinance now indicated that the fee would be established from time to time by the City Council. As long as that fee were adopted by the Council and kept on file in the office of the City Secretary, there was no need to change the ordinance book. The new Code book left out all of the fees. Unless the ordinance were passed, the fees indicated in the ordinance would expire at midnight on May 31, 1991. City of denton City Council Minutes May 21, 1991 Page 18 The following ordinance was considered: NO. 91-082 AN ORDINANCE PROVIDING FOR THE SAVING OF ESTABLISHED FEES AUTHORIZED TO BE COLLECTED PURSUANT TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the Director of Utilities to execute contracts with electric utility customers to reduce electrical power demand-; and authorizing credits on utility bills for customers who execute such contracts. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that for the last three years, the City had a voluntary electrical load reduction program for the City's large commercial/industrial customers. Anyone who had a load larger than 100kw who would voluntarily on the City's peak days, reduce as much load as possible, would be paid $18 per kw. This ordinance would increase the amount to $24 per kw in order to encourage additional large commercial/industrial customers to participate in the program. An alternative contract was suggested for the Denton Independent School District which would pay $12 per kw and would not require the customer to shed load until 3:00 p.m. on those days that the program was implemented. The purpose of the voluntary load reduction program was to reduce the Utility's peak demand for power. By so doing, the system load factor was improved and the costs from TMPA were reduced provided Denton could interrupt more customers during peak summer loads than could other TMPA cities. The following ordinance was considered: NO. 91-083 AN ORDINANCE AUTHORIZING THE DIRECTOR OF UTILITIES TO EXECUTE CONTRACTS WITH ELECTRIC UTILITY CUSTOMERS TO REDUCE ELECTRICAL POWER DEMAND; AUTHORIZING CREDITS ON UTILITY BILLS FOR CUSTOMERS WHO EXECUTE SUCH CONTRACT~; AND PROVIDE AN EFFECTIVE DATE. 139 140 City of Denton City Council Minutes May 21, 1991 Page 19 Chew motioned, Perry seconded to adopt the ordinance. Council Member Trent asked what other cities in the north Texas area provided such contracts. Nelson replied that only Garland and Greenville needed to do this. Garland had one large industrial firm it worked with and Greenville had a smaller program. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," # Smith "aye, Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. The Council took a short recess. Council Member Chew was not present after the recess. 8. Resolutions A. The Council considered approval of a resolution supporting the Texas Library Association's request for the addition of $51,000 to the Legislative Budget Board recommendation for the Statewide Library Development Program for the fiscal year 1992-93, to meet the Maintenance-of-Effort Requirement preserving $4.9 million in Library Services and Construction Act Title I funding. (The Library Board recommended approval.) Joella Orr, Library Director, stated that the $51,000 cut from the Texas State Library appropriation due to the Legislative budget Board's recommendation had not been replaced for the Statewide Library Development Program for Fiscal Year 1992/93. The State must do so to meet the maintenance-of-effort requirement to preserve $4.9 million in library services and Construction Act Title I funding which were federal funds. The following resolution was considered: NO. R91-030 A RESOLUTION SUPPORTING THE TEXAS LIBRARY ASSOCIATION'S REQUEST FOR THE ADDITION OF $51,000 TO THE LEGISLATIVE BUDGET BOARD RECOMMENDATION FOR T~ STATEWIDE LIBRARY 'DEVELOPMENT PROGRAM FOR THE FISCAL YEAR 1992-93, TO MEET THE MAINTENANCE-OF-EFFORT REQUIREMENT PRESERVING $4.9 MILLION IN LIBRARY SERVICES AND CONSTRUCTION ACT TITLE I FUNDING; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes May 21, 1991 Page 20 Perry motioned, Alexander seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. B. The Council considered approval of a resolution authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a Final Statement of Objectives and Projected Use of Funds. Lloyd Harrell, City Manager, stated that this item would implement the recommendations by the Community Development Block Grant Committee. The following resolution was considered: NO. R91-031 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. Council Member Chew returned to the meeting. C. The Council considered approval of a resolution appointing a member to the Upper Trinity Regional Water Board of Directors. City Manager Harrell stated that by action the Council took two weeks ago concerning participating membership in the Upper Trinity Regional Water Board, Council had the right to have a permanent member appointed to the Board of Directors of that body. Although this was a Council appointment, staff was recommending Bob Nelson as he was originally involved in the development of the Upper Trinity Regional Water District and was very knowledgable of the issues. The following resolution was considered: NO. R91-032 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE DATE. 141 142 City of Denton City Council Minutes May 21, 1991 Page 21 Chew motioned, Perry seconded to approve the resolution with Bob Nelson being appointed to the Board. On roll vote, Trent "aye," Alexander "ayes" Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. D. The Council considered approval of a resolution changing the regular City Council meeting of June 1~, 1991 to June 25, 1991. The following resolution was considered: NO. R91-033 A RESOLUTION CHANGING THE REGULAR CITY COUNCIL MEETING OF JUNE 18, 1991 TO JUNE 25, 1991. Chew motioned, Alexander seconded to approve the resolution as several Council Members would be attending the APPA Conference and one other would be out of town. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 9. The Council considered an appointment of a voting delegate to the North Central Texas Council of Governments. Chew motioned, Hopkins seconded to appoint Jim Alexander as voting delegate to the North Central Texas Council of Governments. On roll vote, Trent "aye," Alexander "aye," " Smith "aye," Chew "aye, Hopkins "aye, " Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 10. The Council considered a motion to appoint Council Members to work with staff, County Commissioners Court and the public to define new voting districts. Frank Robbins, Executive Director for Planning, stated that at the direction of Council in March, staff worked with a Council appointed committee to develop a proposal for splitting county precincts into smaller blocks so as to provide greater flexibility in drawing voting district boundaries along precinct lines. The County indicated that splitting of county precincts would result in higher costs to the County. It was useful that the City's voting district boundaries be consistent with the county precinct lines. The issue as to how important and whose responsibility it was to ensure the the City's voting district boundaries coincide with county precinct lines had been forward to the Legal Department. In early April, City and County officials met, and ~h~ City wa~ advised to move forward with County precinct splitting. On April 21, the Council's committee delivered its recommendations. Council had not made a City of Denton City Council Minutes May 21, 1991 Page 22 decision on county precinct splitting, nor delivered an adopted plan to any county official. Robbins reminded Council that a redistricting plan could wait for a short time as single member representatives would not be up for reelection until 1993. Council Member Chew stated that he did not feel the Council would want to proceed with this matter until the County decided whether or not it wanted to work with the City. He felt that any way the City went with redistricting, some County precincts would be split. Mayor Castleberry asked if there was any urgency at this time. Robbins replied no that single member districts were not up until 1993. Council Member Alexander urged that it be done before the 1993 election. Mayor Pro Tem Hopkins stated that decisions needed to be made. She felt the Council needed to move on a Charter election. The issue needed to be dealt with. Chew motioned, Alexander seconded to table the item. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 11. The Council considered approval of a request from the Cable Television Advisory Board recommending the televising of City Council meetings. Bill Angelo, Director Community Services, stated that the Cable Advisory Board recommended that the Council televise future meetings in order to educate and inform the citizenry in the most prudent and economic manner. Given the potential of recurring operational and maintenance costs associated with the televising of Council meetings, staff recommended the issue be considered in conjunction with the 1991-92 budget process. Sammons had agreed to clear Channel 25 for the broadcasting of the meetings until a City channel was available sometime in 1993. Sammons had also agreed to install two video modulators which would send the signal from the Council Chambers to Sammons and would receive' the signal from Sammons in the Council Chambers. Sammons had two space units w~ich it had agreed to provide but was unsure if the units worked. The City would have to purchase a camera'and associated equipment at the cost of approximately $12,500. The money to fund this purchase could be spent from the $60,000 grant that was given to the City by Sammon~ for u~e regarding the City channel as the equipment would be used once the channel was in place. Staff had been working with the University of North Texas for the actual camera operation to be done by students. The University 143 1'4 4 City of Denton City Council Minutes May 21, 1991 Page 23 felt that these students should be compensated for their work and they would not offer college credit for the work except for perhaps an extra credit arrangement. Council Member Chew asked about special lighting. Angelo replied that with the proposed camera, only one set of portable lights would have to be purchased. Council Member Chew stated that he would not want the Council Members to have continued glare in their eyes and asked that the lighting situation be reviewed. Council Member Perry stated that he was not in favor of having students run the cameras. The Council was the governing body of the City of Denton and he wanted it portrayed the most effective way possible. He felt more attention needed to be given to the planning of the televising. Angelo stated that this proposal was the least expensive route and that staff could develop a more formal program if Council desired. Alexander motioned, Chew seconded to table the item until staff could develop other alternatives for levels of quality and that proposal be studied in a work session. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye, and Mayor Castleberry "aye." Motion carried unanimously. 12. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, requested the Council Work Session Item #5 for consideration. return to 5. The Council received a report and held a discussion regarding curbside recycling. Bill Angelo, Director of Community Services, stated that the residential division began curbside collection of tin, aluminum, glass, newspaper, and plastic on November 7, 1990, in an area consisting of 904 households located in north Denton, west of Sherman Drive. It was antieipat@d ~ha~ there would be a 30% participation rate ~nd a landfill volume reduction of 9-13%. It was expected that the data provided from the program would answer the question relative to public assessibility, participation rate, volume of recyclables, the type of recyclables, the manpower requirements, equipment requirements, etc. Angelo presented a ~ummary of collectables which indicated that newspaper was the highest poundage received in a weight category while the most cubic yards received was plastics. A survey was mailed to each participant in an attempt to assess satisfaction with the program as it was currently being provided, and to gain insight into possible City of Denton City Council Minutes May 21, 1991 Page 24 145 improvements that might be made. Responses on the survey indicated that stackable containers were the most favored, frequency of service was favor once every two weeks, 52.9% of those responding were willing to pay for the program and 61.9% of those who responded were very satisfied with the program. The response rate on the survey was 75%. Mayor Castleberry asked what the market was like for recyclables. Angelo replied the market was poor. For example, in 1988, paper was going for $35 per ton and the firm would pick up the materials. Now paper was going to $10 per ton and the City had to deliver the materials. Glass and plastic prices were dropping while aluminum and tin seemed to be remaining constant. The Public Utilities Board and staff had no formal recommendation regarding the project. It was felt that perhaps there needed to be a more comprehensive look at the alternatives. City Manager Harrell stated that staff .would be preparing for Council as a major budget issue, the question of whether the City should expand the curb recycling program to the entire community. Cost analysis would be included plus the alternative of continuing the first pilot plus move to another part of the city. Or a third option of discontinuing the program. A citizen's committee might be considered to discuss such items as a resource recovery unit, the co-generation option, landfill operations, and recycling for the future. 13. The following action was taken on items discussed in the Work Session Executive Session: A. Hopkins motioned, Perry seconded to direct the City Attorney to prepare the necessary legal documents regarding the Auburn Inn/Park Inn in the delinquent hotel tax revenues. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 14. New Business The following item was suggested by a Council Member for a future agenda: A. Council Member Alexander requested staff review the After School Action site program and the possibility of expanding the program. City of Denton City Council Minutes May 21, 1991 Page 25 15. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned. CIT~J OF ~ENTON, TEXAS 3392C