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Minutes August 20, 1991CITY OF DENTON CITY COUNCIL MINUTES August 20, 1991 275 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 the Executive Session to discuss legal matters (held a discussion regarding the collection of Judgment in Martin v. City of Denton and considered litigation against 'the State of Texas regarding redistricting), real estate and personnel/board appointments (considered appointment of alternates to the Sign Board of Appeals, and considered appointments to the Zoning Task Force.) 2. The Council held a discussion and identified potential 1991-92 budget additions or reductions for further analysis. Lloyd Harrell, City Manager, presented the proposed schedule for the budget discussions. The current meeting would review major policy issues and solicit potential pluses or minuses for the 1991-92 budget. Following the public hearing on the budget at the August 27 meeting, Council would continue -with discussion and possibly make tentative decisions regarding certain items. September 10 meeting would be devoted entirely to budget discussion with a review of deferred items and a reconsideration of other options. Final budget approval would be on September 17. Harrell listed the major policy matters for the 1991-92 budget: Major budget issues (23) Cover the $310,000 shortfall - supplement increases - health insurance adjustment - $.01 tax increase - Sales Tax - current +1% (3% total) +2% (4% total) - Flow Hospital - Reduce Contingency Reserve $140 000 84 000 187 000 80 000 52 000 104 000 22 000 25 000 Water tower painting (one color) Remove Utility vacant positions No rate increase in utilities 30,000 6. Salary adjustments effective 10/1/91 169,190 276 City of Denton City Council Minutes August 20. 1991 Page 2 Harrell asked the Council for other additions they would like to discuse regarding the budget. Council Member Chew suggested a reduction in the demolition expense. Remove the extra $15,000 from the budget. Council Member Alexander suggested other alternatives for maintaining City facilities. He would like to attack the problem more aggressively than already listed. Council Member Perry wanted to see a reduction in demolition, a policy regarding public safety and high-tech computer equipment for the Fire and Police Departments, and the possibility of expanding the computerization of the library specifically the card catalog. Council Member Smith questioned if the reserve fund could be reduced further rather than a tax increase. Mayor Pro Tem Hopkins stated that most of her items of concern were in the major budget issues. She also wanted to look at departments affected by non-growth in Denton such as building related positions. She did not want those vacant-staff positions added or kept in the budget. Council Member Trent suggested looking at the hiring of temporaries during the year. He suggested cutting down on the number of temporaries hired. Mayor Pro Tem Hopkins asked that staff look at overtime figures. Mayor Castleberry asked staff to look at the any possible surplus from the current budget which could be carried over to the next year's budget and the travel/seminar policy as it specifically related to parking at the DFW Airport. Council Member Trent asked that staff look at the recreation programs. He would like to see the programs more self-supporting in the range of 60%. He suggested the tennis program be more on a free enterprise system as other cities had. Council Membe= Pe==y stated that he would like to keep in mind that while the issue of balancing the budget was important. other policy issues such as quality, safety, and fairness remained and needed to be addressed. Council Member Smith asked for the rationalization between the proposed budget' summary revenue figure and the total budget expenditures. City of Denton City Council Minutes August 20, 1991 Page 3 3. The Council received a report, held a discussion and gave staff direction regarding the Utility Department's sponsorship of an APPA deed scholarship application for Claudia Heinrich of the University of North Texas. Bob Nelson, Executive Director for Utilities, stated that as a member of APPA's Deed Program, Denton Municipal Utilities was eligible to submit and sponsor scholarships for students working on projects that had implications for public utilities. Claudia Heinrich's project involved research and development of a submicron pyramid antenna which would convert solar energy directly to electrical energy. The project did not involve the use of utility department funds. The City would be involved with the distribution of funds to Ms. Heinrich and monitor her progress. Consensus of the Council was to proceed with the program. 4. The Council received a report, held a discussion and gave staff direction regarding the Utility Department's sponsorship of an APPA deed grant application for Dr. A. G. Parlos and Dr. A. D. Patton of Texas A & M University. Utility Director Nelson stated that this was a similar program except that this was a grant instead of a scholarship. The City of Bryan had been working with the program and wanted to sponsor it but found out that they had not been contributing to the Deed Program. The City would not have any obligations with the grant. Consensus of the Council was to proceed with the program. Bob Nelson, Executive Director for Utilities, updated the Council on TMPA. He stated that the TMPA Board had not made a decision on whether to retain the excess funds or to rebate them back to the cities. The theory behind the TMPA organization was that rates would be established in order to cover the annual system cost such as debt service and operating costs. If there were excess revenue, that would be programmed into the next year's revenues for the agency or rebate back to ~he cities. As TMPA developed, there were years when additional expenditures were expected and years when there were no additional expenditures so that a rate stabilization program was established. Rates were developed at one level, collected rates for a couple years and when an additional expenditure was necessary, money was taken out of the reserve instead of having to raise rates. The fund had grown over the years to approximately $14 million. The main issue was did TMPA need reserves or should that money be returned to the cities. TMPA felt it needed the reserve for possible catastrophic failure. The cities felt that TMPA did not need reserve for that reason as there was $12 million in a construction fund for any reserves. 277 278 City of Denton City Council Minutes August 20, 1991 Page 4 Council Member Alexander asked if there would be a need to keep a minimum amount of money in reserve in order to maintain bond ratings. Nelson replied that TMPA had the full faith and credit of the four cities and a guaranteed payment from four cities. Mayor Pro Tem Hopkins asked how TMPA justified the reserve fund. Nelson replied that TMPA would like to set aside the money as a cash reserve for emergencies. Once the fund was approximately $8 million, anything over that $8 million would be refunded to the cities. Council Member Perry asked if the agency could operate without any reserve. Nelson replied that they did not need a lot of working capital. Discussion of the issue continued during the Regular Session with the City's TMPA Board members. 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. 2. The Council considered approval of the minutes of the regular meeting of July 16, 1991. Trent motioned, Hopkins seconded to approve the minutes as presented. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 3. The Council presented Yard of the Month/Xeriscape Yards Awards from the Beautification Commission and the Texas Agricultural Extension Service-Denton County. The Mayor~presented the following awards: The Church of Jesus Christ of Latter Day Saints Robert Sandlin John and Betty Andrews Susan and Budd Mitchell City of Denton City Council Minutes August 20, 1991 Page 5 o Citizen Reports A. The Council was to have received a citizen report from Carl Young regarding problems with Fred Moore Park and problems within the neighborhood. This item was not considered at the request of the citizen. B. The Council received an update from Tom Harpool and Ray Stephens regarding TMPA matters. Ray Stephens stated that the Agency had several different funds. The self-insurance fund was for indemnity, liability, and property loss. The construction reserve fund was for future projects, the emergency fund was for unexpected events that were not covered in the budget. The rate stabilization fund varied depending on outstanding expenditures. At the end of the fiscal year last year, the fund had $8.8 million. On February 1991, the figure was $10.5 million and presently was at $9.7 million. The fund, made up of excess money, was to be used to avoid spikes in the bills to the cities. It was to be used in case of some outstanding emergency. The question was how much was enough or too much. Reserves were needed but how · much reserve was the right amount. A final decision had not been made yet. The Board members had asked the General Manager for various scenarios for refunding a portion of the money to the cities and leaving the remainder in the fund. Tom Harpool stated that he would respond to any questions the Council had regarding the issue. There was the issue of whether it would be in the overall best interest of the Agency to refund all of the money at one time or on a divided program. Council Member Chew stated that he was comfortable returning the money to the cities. He would like the City Board members to reflect this sentiment to the other TMPA Board members. He asked if the insurance fund could be used as a reserve fund. Stephens replied that that fund was for property loss and not for replacement items. If all the money were returned now and a disaster occurred, a bond sale might have to be done which would take time and sometimes money was needed immediately. If all the money were returned now, inflation and ordinary demands might require a raise in rates sooner than if there was a reserve fund. 27.9 Council Member Trent agreed with Council Member Chew to refund the money now. 28O City of Denton City Council Minutes August 20, 1991 Page 6 Public Hearing A. The Council held a public hearing and considered adoption of an ordinance rezoning a .413 acre tract of land from "2F" Two Family District to "PD" Planned Development District and approved a detailed plan on property located on the east side of Carroll Boulevard between Maple and Pacific Streets for the purpose of a professional office building. Z-91-011 (The Planning and Zoning Commission recommended approval 7-0 at its July 24, 1991 meeting.) Frank Robbins, Executive Director for Planning, stated that the request was to rezone .413 acres from two family to planned development and to approve a detailed site plan for the building of an office building. The site was located in the Downtown Urban Center. In 1986 a similar zoning application was made to change the zoning from two family to planned development. That plan was denied. A major difference between the plan presented in 1986 and the current plan, was that there was a landscape ordinance which must be followed. There would be a three foot high living screen along the property lines of Pacific and Maple to screen the cars in the parking lot. There would be thicker screening on the Carroll Blvd. side and large trees on the southern end of the tract which would further screen the building. The applicant was not proposing any curb cuts on Carroll, All ingress and egress would occur on one approach on Maple. The applicant had visited with the residents in the immediate vicinity and it appeared that the applicant had designed the site in such a manner as to provide sensitivity to the neighbors. The request complied with the policies of the Denton Development Plan. The Mayor opened the public hearing. Dale Irwin, the applicant, requested the zoning change from two family to planned development. A two story office building would be built on the site. The building would meet all set-back requirements with entrance/exit on Maple Street. The lot was currently vacant. Possible uses for the property included duplexes or offices. He felt duplexes would not be viable for the property and that the office use would be better for the property. He had talked with the property owners in the area and all were in favor of the development. No one spoke in opposition. The Mayor closed the public hearing. The foll'oWing ordinance was considered: City of Denton City Council Minutes August 20. 1991 Page 7 NO. 91-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FORM TWO FAMILY DWELLING (2-F) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.413 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF CARROLL BOULEVARD AND MAPLE STREET; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR THE DISTRICT: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND 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. Council Member Chew left the meeting. B. The Council held a public hearing and considered adoption of an ordinance amending the boundaries of the Oak/Hickory Historic District to include three properties adjacent to the district: 305 Mounts, 311 Mounts, and 403 Mounts Street. H-91-002 (The Planning and Zoning Commission recommended approval 7-0 at its July 25, 1991 meeting.) Jane Biles, Main Street Manager, stated that the City had been petitioned to consider annexing into the Oak/Hickory Historic District three properties adjacent to the District. The ordinance provided for the expansion of the Distract boundaries if one or more conditions were met. The Historic Landmark Commission recommended acceptance of these properties into the District. The architecture was compatible with that in the District, and inclusion of these properties provided the necessary linkage with future areas to be considered for historic designation. The Planning and Zoning Commission held a public hearing on July 25, 1991 and also voted unanimously to extend the boundaries of the District to include these properties. The Mayor opened the public hearing. Brian Morrison stated that the properties were built between 1889 and 1918 and were all evident of being worthy of historic preservation. The properties would provide a link to other areas for historic preservation. He asked the Council for favorable consideration of the request. No one spoke in opposition. The Mayor closed the public hearing. 281 The following ordinance was considered: 282 City of Denton City Council Minutes August 20, 1991 Page 8 NO. 91-127 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE BOUNDARY OF THE OAK-HICKORY HISTORIC DISTRICT BY ADDING THE THREE PROPERTIES LOCATED AT 305,311, and 403 MOUNTS STREET TO THE DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. Consent Agenda Mayor Castleberry asked that Item 6.A.3. - Bid ~1273 - Commercial Refuse Trucks be pulled for special consideration. Council Member Trent stated that he too was going to ask that that item be pulled for special consideration. Mayor Castleberry stated that there had been some discussion with private haulers who wanted to make a presentation at the meeting. However, it was too late for them to be on this agenda. They would like to be on the agenda for next week. That was the purpose in his request to pull the item, to give them an opportunity to discuss it at the next meeting. He asked if one week would make a difference. City Manager Harrell stated that the bids were good until October 6, 1991 so that as far as holding the bids open and making the bids good, that would not be a problem. From the staff's standpoint, he had two comments to offer· One was of a concern that the previous decision made by the City Council for the City to become the exclusive provider did call for a February 1, 1992 start-up date. If there was any reconsideration of that particular decision previously made by the Council, it needed to be made fairly early if they were going to meet that deadline. Secondarily, it had budget implications which would have to be dealt with by the Council. Those were factors to consider. Certainly, a short delay would work to decide these items but not only were trucks needed to be ordered but bid specifications were in progress for all of the containers that the City would need. All of that was on-going in various staff processes. He suggested that if it were the wish of the whole Council to hold this item over and reopen the issue and rediscuss the whole issue, it might be better to discuss it in two weeks as opposed to the next meeting. The nex~ meeting had been scheduled for ~he public hearing on the budget and detailed discussion on the 1991-92 proposed budget. City of Denton City Council Minutes August 20. 1991 Page 9 Mayor Castleberry stated that if it were voted tonight and should there be any change, they would have until October 6. City Manager Harrell replied no. The bids that were taken were guaranteed bids through October 6. If it were the Council's wish not to proceed with the awarding of the bid tonight but to do it at some later date, the Council could do that up until the 6th of October and still be assured the prices that were quoted in the back-up. He stated that if the Council, as a group, expected staff to be ready by February 1, as previous Council indicated, staff could not wait too much longer before the decision was made whether to proceed or not. Mayor Castleberry stated that if Council voted to let the bid and should there be any change, then that time frame was available. City Manager Harrell replied that the price was good through October 6. If Council voted tonight to award the contract, the contract would be awarded and the City would be entering into agreements with the low bidder to make the purchase of that vehicle. If it was the majority of the Council's wish not to proceed with the bid, to reopen the whole issue, Council should strike the item from the ordinance and not consider it. A vote at the current meeting, effectively moved the City closer to being the exclusive provider. Council Member Smith asked if the reason to withdraw the item tonight would be to reopen the entire discussion. Mayor Castleberry replied that several had expressed a request to appear before the Council for that reason. If that were the Council's decision to reopen, it would be strictly up to the Council. Mayor Pro Tem Hopkins asked if there was a time period in which, if the Council chose to reopen the whole issue, that it could be canceled. city Manager Harrell replied that the procedure would be that once the Council took action and the ordinance was passed, that provided authorization to actually place the order and staff would do that. If it were the wish of the Council as a group that that not be done, he would advise the Council to not take action and postpone the item. That would be much cleaner than accepting the bid and then asking staff to not sign the contract. Council Member Trent stated that another factor in the issue was that $278,400 was going to be funded from a third party purchase agreement and with the falling interest rates and the possibility of another drop, it would be to the City's benefit, ever so slight, to delay it for that reason. That was his rational for requesting special consideration. 283 284 City of Denton City Council Minutes August 20, 1991 Page 10 Council Member Perry stated that this issue had been around, to his knowledge, since last May. The City had gone through the formal bidding process and had bids in hand. The Council's consideration was whether to let the bids or not. What was being proposed was that the Council discard that work and take a step backward and revive an issue that had been decided. He was concerned whether the City's bidding process would be considered in good faith. He was not in favor of pulling the item from the agenda. Council Member Alexander stated that he was one who was generally very much in favor of having dialog on an issue. But this was an issue on which the Coundil had dialog over and over again in a very formal way before the Council over a period of the last two to two and a half years. The Council made a decision several months ago that the City would become the exclusive contractor for solid waste in the City of Denton. He did not think it was good Council policy, at that point, to delay a proper item that was pending before the Council based on speculation that the Council might change its mind two weeks from now. That was not the way to make public policy. He would vote against any effort to remove the item from the consideration. Council Member Smith agreed with Council Member Alexander and stated that she agreed entirely that the Council had a great deal of dialog and although she was not on the Council at the time, she did attend the meetings and heard the discussion. She felt that the decision had been made and it should be behind the Council. She felt the Council needed to move on and would not vote in favor of a delay. Council Member Trent stated that he was not indicating the Council should relook at the entire issue and go through the months of pros and cons again. There were times when a decision was made and then that decision was refined. He felt that if there were any information available to the Council, whether it be in terms of what kinds of trucks to buy or when to buy the trucks, he was in favor of investigating that. Mayor Pro Tem Hopkins stated that she had voted with the majority on one of the issues. She had asked for new figures in September and that motion failed. She had been on a lot of passed motions and been on a number of failed motions. She felt that the majority had spoken and felt that the only way she would make a change would be if one of the new Council Members elected in May expressed reservations or questions that showed that there was a shift in the majority. There had not been that indication by any one of the three new members. The vote would be no different than it was in April. Without the shift of one of those votes, she did not see any reason to hold City of Denton City Council Minutes August 20, 1991 Page 11 the vote back. If two weeks from now something happened, that the Council had to change it, the Council could always go back and renegotiate the trucks. Without a shift in the majority all that was being done was putting the Council through two or four more weeks of agony. There was not that shift. Council Member Chew being gone from the meeting would not make one bit of difference. She felt that the new Council Members felt that the majority of Denton citizens spoke at the polls in May. Council Member Trent asked if the vote needed to be postponed until Council Member Chew could vote on the issue. Mayor Pro Tem Hopkins stated that each one of the Council Members knew how Council Member Chew would vote. She did not think it would make any difference. If there were a shift by something the speakers would say next week or the next, then the Council could do something about the trucks at that point. Without that, she did not see that there was anything the Council would gain. Perry motioned, Smith seconded to adopt the Consent Agenda as presented. On roll vote, Trent "nay," Alexander "aye," Hopkins "aye," Smith "aye,"Perry "aye," and Mayor Castleberry "aye." 'Motion carried with a 5-1 vote. A. Bids and Purchase Orders: Bid ~1255 - Hydraulic Tools and Accessories Bid ~1274 - 500 MCM Unishield and Concentric 3 Phase Cable 3. Bid ~1273 - Commercial Refuse Trucks 4. Bid ~1268 - Oils and Greases Be 5. Bid ~1267 - Loma Del Rey Drainage Plats Consideration of the preliminary plat of Lot 1, Block A of the City Booster Pump Addition. The 15.951 acre site was located on the north side of Hartlee Field Road, approximately one-half mile east of Sherman Drive. (The Planning and Zoning Commission recommended approval at their 8/14/91 meeting). 285 286 City of Denton city Council Minutes August 20, 1991 Page 12 7. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (5.A.1. - Bid 01255, 5.A.2. - Bid 01274, 5.A.3. - Bid 01273, 5.A.4.- Bid 01268) The following ordinance was considered: NO. 91-128 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. Alexander motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.5. - Bid The following ordinance was considered: NO. 91-129 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. Smith motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance approving the 1991 certified appraisal roll. Harlan Jefferson, Treasurer, stated that the City was required by law to present the certified tax roll for Council approval. The appraisal roll had the total assessed appraised as well as taxable'value of every proDerty in the City o~ Denton. City of Denton City Council Minutes August 20, 1991 Page 13 The following ordinance was considered: NO. 91~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1991 APPRAISAL ROLL 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," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance approving no parking on the north side of Edwards Street from Avenue D to Avenue E. (The Citizens Traffic Safety Support Commission recommended approval.) The following ordinance was considered: NO. 91-131 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON THE NORTH SIDE OF EDWARDS STREET, FROM AVENUE E TO AVENUE D; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance approving no parking on the north side of Chestnut Street from Avenue D to Avenue E. (The Citizens Traffic Safety Support Commission recommended approval.) The following ordinance was considered: NO. 91-132 AN ORDINANCE OF THE CITY OF DENTON, TEXAS,. PROHIBITING THE PARKING OF VEHICLES ON THE NORTH SIDE OF CHESTNUT STREET, FROM AVENUE E TO AVENUE D: PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Trent motioned, Alexander seconded to .adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 287 2 8'8' City of Denton City Council Minutes August 20, 1991 Page 14 F. The Council considered adoption of an ordinance amending Section 18-152 of the Code of Ordinances of the City of Denton to include additional portions of City streets adjacent to property ,controlled by the University of North Texas to be subject to the authority of the University for regulation of parking. (The Citizens Traffic Safety Support Commission recommended approval.) The following ordinance was considered: NO. 91-133 AN ORDINANCE AMENDING SEC. 18-152 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO INCLUDE ADDITIONAL PORTIONS OF CITY STREETS ADJACENT TO PROPERTY CONTROLLED BY THE UNIVERSITY OF NORTH TEXAS TO BE SUBJECT TO THE AUTHORITY OF THE UNIVERSITY FOR REGULATION OF PARKING; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving an amendment to an agreement between the City of Denton and the Greater Denton Arts Council. Catherine Tuck, Administrative Assistant, stated that the ordinance amended the original agreement between the City and the Greater Denton Arts Council for the Campus Theater. Part of the agreement stated that the City would pay for utilities based on consumption levels. The ordinance would revise Schedule A which would reflect the spirit and intent of the agreement. Under electricity, the original Schedule A had "kwh" which should have read' "kw" which signified demand. Wastewater had been broken out as it was formally under water and sewer. Wastewater was based on 80% of water consumption and those figures were outlined. The unit of measurement for ~atural gas had been omitted in the original agreement. The original figure was too low due to a miscalculation and needed to be revised. No additional dollars we~ reflected in the change. Council Member Trent stated that the spirit and intent was the same as the original agreement. Yet the amendment went from 750ccf to 4,000ccf. City of Denton City Council Minutes August 20, 1991 Page 15 Tuck replied that the original figure was a mistake. The original figure quoted in notes was on a monthly consumption. That figure was 62.5 and did not signify hundreds of cubic feet. That number should not have been that low and should have signified ccf. Council Member Trent felt that as the number had been increased, it would signify a new agreement as opposed to a revision. City Manager Harrell stated that when the agreement was put together, the total utility charges calculated at that time was approximately $21,000 for a yearly utility payment. That was reflected in all of the back-up and all the discussion which occurred with the City Council. In preparing the budget for this year, the original document was used to help calculate how much monthly payment the City would be paying to the Greater Denton Arts Council for the Campus Theater, and it became apparent that somehow the gas usage was simply misstated. It did not in any way approximate the usage dollar number that was considered 12 months prior. The new amended schedule was a clarifying amendment which resulted in the same dollar number discussed with the Denton Greater Arts Council fifteen months ago. If the Council maintained the original agreement signed fifteen months ago, substantially less revenue would be given to the Arts Council than what had been agreed. Council Member Trent felt that 4,000ccf was too large a numberl City Manager Harrell replied that estimates were used based on past usage figures to arrive at the number. The prior discussions were that the City did not want to just pay the utility bills because the City wanted to build a schedule in which would give a certain amount of money to the Arts Council and would have an inducement for them to use a lower amount and try to conserve utilities. The usage figure was included to show that the amount would generate $21,000 for the Arts Council to apply towards utility bills. Council Member Trent felt that the Council had agreed to cap the figure at $21,000 and not give automatically the $21,000. City Manager Harrell replied that that was not the way the agreement was written. The agreement was written that there were maximum usage numbers that the Council agreed to pay on the basis of those usage numbers. If the usage was more than that, the Arts Council would be responsible. 289 Council Member Alexander stated that he remembered the 'agreement to be dollar amounts only. 290 City of Denton City Council Minutes August 20, 1991 Page 16 The following ordinance was considered: NO. 91-134 AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 8. Resolutions A. The Council considered approval of a resolution appointing Ray Stephens to the Board of Directors of the Texas Municipal Power Agency. The following resolution was considered: NO. R91-049 A RESOLUTION APPOINTING RAY STEPHENS TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to approve the resolution. On roll vote, Trent "nay," Alexander "aye," Hopkins "aye," Smith "aye," Perry "aye," and Mayor Castleberry "nay." Motion carried with a 4-2 vote. B. The Council considered approval of a resolution approving the 1991-92 fiscal year budget of the Denton County Emergency Communications District, pursuant to Article 1432e V.A.T.S. Mike Pedigo, Executive Director, stated that he would be happy to answer any questions the Council had concerning the proposed budget. Council Member Trent asked Pedigo to explain the travel/auto expenses. Pedigo stated that no more than two individuals would travel at one time. The travel budget was broken down into two sections. one for travel and one for auto allowance. There was an allowance for the Director. the Public Education Manager and the Data Base Manager. The other travel was for board members and staff at the national conference in Orlando. Two staff members and two board members had been budgeted to attend that meeting. It was also budgeted for the Board President and two staff members to attend a national conference in Seattle. City of Denton City Council Minutes August 20, 1991 Page 17 Council Member Trent stated that that was over $1,000 per month for travel and asked if it was justifiable. That amount did not include the approximately $1000 a month for auto allowance. Pedigo replied that the travel was broken down into the two conferences he mentioned. Both conferences were week long conferences. Council Member Trent questioned a $200,000 contingency fund. Pedigo replied that the Board had adopted a policy to keep a $200,000 contingency fund for emergency situations, for adding answering points or to use to maintain general interest. John McGrane, Executive Director for Finance, stated that there was a legal opinion on whether the District could reduce its rate charged. Because the way the election was held, the District could not change the rate. Rather than just utilizing those funds, the Board felt an emergency reserve fund would be a better way to utilize the money. Council Member Chew returned to the meeting. The following resolution was considered: NO. R91-050 A RESOLUTION APPROVING THE 1991-92 FISCAL YEAR BUDGET OF THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT, PURSUANT TO ARTICLE 1432e V.A.T.S.; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Alexander seconded to approve the resolution. 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 C. The Council considered approval of a resolution requesting that municipalities be allowed to regulate possession of open alcoholic beverage containers within certain designated areas of the municipality. Rick Svehla, Deputy City Manager, stated that Dallas was spearheading this move. They were asking the Legislature to consider passing legislation which would allow home-rule cities to have jurisdiction and decision making power over this issue. It stemmed from a decision from the Texas Alcohol and Beverage Commission recently that exempted cities from making those kinds of rulings. 291 292 City of Denton city Council Minutes August 20, 1991 Page 18 The following resolution was considered: NO. R91-051 A RESOLUTION REQUESTING THAT MUNICIPALITIES BE ALLOWED TO REGULATE POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS WITHIN CERTAIN DESIGNATED AREAS OF THE MUNICIPALITY; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Trent seconded to approve the resolution. 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 considered approval of a resolution authorizing Amendment No. 2 to the Airport Commercial Operator Lease Agreement between the City of Denton and Fox-51 Limited. (The Airport Advisory Board recommended approval.) Rick Svehla, Deputy City Manager, stated that this was an agreement which would allow Fox-51 to lease more land at the Airport. This was consistent with the plans of the Master Plan and with the terms of their original lease and would provide more revenue for the City. The following resolution was considered: NO. R91-052 A RESOLUTION AUTHORIZING AMENDMENT NO. 2 TO THE AIRPORT COMMERCIAL OPERATOR LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND FOX-51 LIMITED; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Trent seconded to approve the resolution. 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 approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton, Texas, and the Department of the Army, Corps of Engineers, establishing procedures for hydropower operations at Lewisville Dam. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that Item E and F were 'for the Lewisville and Ray Roberts facilities. It was a memorandum of agreement which the Council had seen before. Each time it appeared that the agreement was final, an additional clause was added by the Corps. This change would add in inspection fees and dam safety operation procedures. City of Denton City Council Minutes August 20, 1991 Page 19 293 The following resolution was considered: NO. R91-054 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATIONS AT LAKE RAY ROBERTS DAM: AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. F. The Council considered approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton, Texas, and the Department of the Army, Corps of Engineers, establishing procedures for hydropower operations at Lake Ray Roberts Dam. (The Public Utilities Board recommended approval.) The following resolution was considered: NO. R91-053 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATIONS AT LEWISVILLE DAM; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to approve the resolution. 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 received submission of the effective tax rate and rollback tax rate. Harlan Jefferson, Treasurer, stated that State law required formal submission for the effective tax rate and the rollback tax rate. The effective rate was $.7038 per $100 valuation and the rollback rate-was $.7244 per $100 valuation. 2-9 4 City of Denton City Council Minutes August 20, 1991 Page 20 10. The Council received submission of the certified collection rate. Harlan Jefferson, Treasurer, stated that State law also required formal submission of the collection rate. The anticipate collection rate for 1991-92 which was 100% included delinquent taxes, rollback taxes, penalities, interest and the additional penalty under section 33.07 of the Property Tax Code. 11. The Council considered authorizing the submittal of a grant proposal to the Texas Department of Health for the Municipal Solid Waste Composting Demonstration Grant. Cecile Carson, Administrative Analyst, stated that the grant would provide funding for the purchase of materials for ninety backyard composting units. A citizen forum on composting would be scheduled for November and the program would continue through August 1992, if funded. The request was for $19,765. The proposal required a 50% match which would be in-kind contributions. The in-kind contribution included personnel salary, utilities/phone and equipment costs. No expenditure of cash was proposed as part of the match. Perry motioned, Smith seconded to authorize the submission of the grant. 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. A. Receipt of the nine-month City Financial Report Lloyd Harrell, City Manager, stated that the report was included in the agenda back-up. B. Harrell reminded Council of the TMPA Annual Board meeting September 12 in Bryan. 13. The following formal action was taken on Executive Session items discussed during the Work Session Executive Session: A. Mayor Pro Tem Hopkins motioned, Chew seconded to nominate Barbara Coe and Joe Alford as alternate members to the Sign Board of Appeals. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. City of Denton City Council Minutes August 20, 1991 Page 21 295 14. New Business The following items of New Business were suggested by CoUncil Members for future agendas: A. Mayor Pro Tem Hopkins stated that on the September 3 Council Meeting there would be a request by a citizen to withdraw from the Historical District. She asked that the ordinance be prepared and ready for Council consideration by that meeting. B. Mayor Pro Tem Hopkins asked for a report on the road off Teasley Lane to McNair S~hool. Was that road in the County or was it the responsibility of the City. Rick Svehla, Deputy City Manager, replied that portions of Hickory Creek Road were in the County and part of the road was in the City. Mayor Pro Tem Hopkins asked staff to work with the County to get the road repaired. 15. The Council did not meet in Executive Session during the Regular Session, With no further business, the meeting was adjourned at 8:45 p.m. BOB CASTLEBERRYo MAYOR CITY OF DENTON, TEXAS / / /~NN I'FF~ W~ALTERS /C~TY S/~CRETARY 'CITY OF DENTON, TEXAS 3437C