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Minutes October 01, 1991376 CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 1, 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, Smith and Trent. ABSENT: Council Member Perry 1. The Council convened into the Executive Session to discuss legal matters (discussed subrogation claim in Boydston v. Chrysler Corp.), real estate and personnel/board appointments. 2. The Council received a report and held a discussion regarding an ordinance prohibiting certain contracts with former councilmembers for one year from the date they leave office. Debra Drayovitch, city Attorney, stated that the proposed ordinance had been prepared at the request of the Mayor. It included exceptions for contracts which came under the state bidding law but otherwise prohibited a councilmember, from one year from the date of leaving office, from entering into a contract with the City. Council Member Alexander stated that the proposed ordinance was within the prerogative of the City of Denton and that there was nothing in the state law regulating cities which required such an ordinance. The process of letting contracts and engaging in business was an open process. The more he looked at the proposed ordinance, the more he felt it was a waste of time and something the Council should pass by. Council Member Smith stated that with the exceptions involved what was prohibited. city Attorney Drayovitch stated that professional services and consulting services would be prohibited. Council Member Smith agreed with Council Member Alexander and did not see any real need for the ordinance with all the exceptions which were included. Council Member Trent asked for an example of a contract being awarded to the lowest bidder through competitive sealed bids. City Attorney Drayovitch replied the purchase of paper due to the volume purchased. Council, Member Trent asked for an example of a contract to purchase items available from only one source. 377 City of Denton City Council Minutes October 1, 1991 Page 2 City Attorney Drayovitch replied such items as the communications equipment. Council Member Trent stated that he felt it was important to avoid a perception that while on Council, a Council Member was not making sure that he would receive a certain bid. Mayor Castleberry stated that one of the purposes of the proposed ordinance was to protect the existing Council from any reflection of any wrong doing or making some kind of an agreement while council members were in office. Council Member Alexander stated that the way the proposed ordinance was worded, it only restricted the activity for people who were professionals working for fees. It did not, in any way, restrict the Council from doing business with businessmen who were former Council Members. It was totally unfair. Council Member Trent asked who it restricted. Council Member Alexander replied it restricted people who were attorneys, real estate agents or people who were engaging in some kind of consulting activity. All business transactions, including bidding, would be exempt from the ordinance. There was more likely to be a problem in a major business transaction than in a professional service area as of that type of business had to be done in an open session. The City Council in Denton was not paid and its members made a significant financial sacrifice in order to serve. While on the Council, a member had to give up any opportunities to work with the City and all the proposed ordinance would do would be to add another year of down time for that individual. That was the same problem that the Electrical Code Board and similar boards experienced. Council Member Chew stated that originally he felt the proposed ordinance was a good idea but the further he looked into it, he decided it was not a good idea. The burden would be on a select few and the majority of individuals would still be able to deal with the City. He felt that perhaps an ethics situation would be appropriate but the proposed ordinance was not the solution. Mayor Pro Tem Hopkins stated she had a built in bias against even the perception of wrongdoing. The Council could not always rely on all seven members always being honorable, reasonable individuals. Some day,there might be an individual who would take advantage of a situation. 378 City of Denton City Council Minutes October l, 1991 Page 3 Council Member Alexander replied that he had a problem with the fact that the exemptions were for business people and did not apply to people who were professional people who worked for fees. If the ordinance needed to be done, then it needed to be done in a different way. Council debated the pros and cons of an ethics code and whether an ethics code would be binding enough to require members to adhere to the provisions of such a code. Consensus of the Council was to have staff prepare a report regarding the issue and how other cities were dealing with that issue. The report would be discussed at a future work session. 3. The Council received a report and held a discussion regarding voting district boundary adjustments. Lloyd Harrell, City Manager, stated that this issue was being divided into two subjects. One was the district boundary adjustments which did not involve any kind of charter change and one was charter adjustments. Staff was taking the current configuration of the Council seats, as provided by the current Charter, and was using the current census figures to update the population within those four boundaries to make sure the City was following the guidelines as issued by the Federal Government. Harry Persuad, Senior Planner, stated that staff was requesting Council approve the criteria and schedule for adjusting voting district boundaries. The criteria for adjusting district boundaries included (1) the proposed districts would contain approximately equal population, (2) the proposed district would have the voting strength of minority groups, (3) the proposed district boundaries would be drawn as far as possible following the county precinct boundaries, and (4) the proposed districts would be as compact as practical to facilitate campaigning and voting. Persuad presented a proposed schedule of activities which included consulting with leaders of the minority community with regards to their specific concerns and inputs in the process of adjusting district boundaries, developing alternative boundaries based on the criteria approved by Council, holding a public hearing to consider alternative district plans and receive comments from residents and preparing final submittal to be sent to the Justice Department. Final submission date was proposed to be December 30, 1991 in order to facilitate the 1992 election. 379 City of Denton City Council Minutes October l, 1991 Page 4 Council expressed a concern regarding the final date for submission as the filing for Council began in middle February. If the Justice Department had a concern regarding the boundaries, it could possibly affect whether a candidate lived in the appropriate area as provided by the City Charter. After discussion, consensus of the Council was to have staff adjust the dates of the schedule in order to allow for more time for the Justice Department submission. That revised schedule would be looked at during the regular session item as listed on the agenda. 4. The Council received a report and held a discussion regarding the video taping of City Council meetings. Bill Angelo, Director of Community Services, showed the Council a video tape of a mock Council meeting. The video demonstrated various conditions of lighting for the Council Chambers. Angelo stated that the capital expenses for the cameras would be from grant money from Sammons and the reoccurring expenses would come from different sources. Council Member Trent stated that he would like to see the Council meetings taped for the citizens of Denton. Council debated whether to broadcast the Council meetings and if so, when to begin. Consensus of the Council was to delay starting to process until after the Citizen Survey had been completed as there was a question relative to the broadcasting of the Council meetings. That survey would provide good feedback as to whether there would be any citizen interest in such a venture. It was also suggested that staff contact Sammons to see if they would be willing to loan the City the equipment on a trial basis to determine if there would be any audience for such a broadcast. 5. Council received a report and held a discussion regarding the questionnaire for the Citizen Survey. Jesus Nava, Assistant to the City Manager, stated that the last survey, which had been a telephone survey, had been done in 1986. The 1991 survey, a mail-out survey, would ask questions included in the 1986 survey which would allow the City to make comparisons and note changes .in perceptions and attitudes. Dr. Gopala Ganesh of the University of North Texas Marketing Department had offered to do the survey. The costs associated with the survey would be limited to stationary, postage and duplication. The questionnaires would be printed and duplicated on UNT stationary by the 38'0 City of Denton City Council Minutes October 1, 1991 Page 5 University. The City would reimburse UNT for the cost of the materials and service. Dr. Ganseh and his staff had volunteered their labor for research and analysis. The questionnaire would be sent to a random sample of 2000 residential utility customers taken from a population of 21,700 residential accounts. Commercial customers were not included because of potential duplication of respondents in the sample. It was hoped that the survey would be mailed out at the end of October, the data would be analyzed during the month of November and a final report would be presented either in late December or early January. The 1991-92 adopted budget contained $5,000 to undertake the survey, however the arrangement with Dr. Ganseh would save a portion of that amount. Consensus of the Council was to proceed with the survey. 6. The Council was to have received a report and hold a discussion regarding the City of Corinth's request to amend their water contract with Denton. .This item was considered during the Regular Session. The Council then 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, Smith and Trent. ABSENT: Council Member Perry 1. Pledge of Allegiance The Mayor presented the following proclamations: National Fire Prevention Week and Month Public Power Week Kids Month - Take Time For Kids National Dental Hygiene Month 2. The Council considered approval of the minutes of the Regular Session of August 13, 1991, the Special Call Sessions of August 20 and August 27, 1991, and the Regular Sessions of September 3 and 17, 1991. Mayor Pro Tem Hopkins stated that there was an error on page 9 of the minutes of September 17, 1991. The section where Trent withdrew his motion, should read that Hopkins withdrew her second. She asked for that correction. 381 City of Denton city Council Minutes October 1, 1991 Page 6 Hopkins motioned, Alexander seconded to approve the minutes as corrected. Motion carried unanimously. 3. Citizen Reports A. The Council was to receive a citizen report from Mary Roberts regarding the SPAN Handi-Hop program. Ms. Roberts withdrew her request to speak before the Council. B. The Council was to receive a citizen report from a representative of the Chamber of Commerce Government Relations Committee regarding a tree cut down at 329 East Hickory. No representative from the Government Relations Committee was present at the Council meeting to speak on the item. C. The Council received a citizen report from Leta Koch regarding ambulance care and Medicare assignments. Ms. Koch stated that in July her mother needed to be transported from Denton to Dallas in an ambulance. The ambulance service used for the transportation did not accept Medicare as an assignment. Senior citizens on Medicare could not afford the cost of an ambulance and not be able to have Medicare assignments. There was no other ambulance service with the necessary equipment which could have transported her mother. She felt that there were citizens in Denton who could not afford the cost of an ambulance and who needed to have Medicare assignments for that type of service. She requested the City do a survey or whatever it took to find out if it would not be more feasible to take Medicare assignments as opposed to not paying the bill. If that were not possible, perhaps another ambulance service could provide those trips and take Medicare as an assignment. Mayor Pro Tem Hopkins suggested staff investigate the problem and report back to Council. A response would be sent to Ms. Koch. Consensus of Council was to proceed with Mayor Pro Tem Hopkins' suggestion. 4. Consent Agenda Mayor Castleberry read the agenda item through the bids and purchase orders. 382 City of Denton City Council Minutes October 1, 1991 Page 7 council Member Trent asked if it were a normal procedure to put so many monitoring devices in an area where these were going to be located. Were all of the devices going to be used or were some of them being bought as spares. Bob Nelson, Executive Director for Utilities, stated that all of the devices would be installed and would be operated at the same time. This was an item which had been put off for a number of years. There were problems with inflow and infiltration into the wastewater pipeline systems. That came in through either open manhole covers, from open clean-outs, cracks in the clay pipe. To find out where that was happening required a series of monitors at distinct locations along a trunk collecting system. During a rainfall event, that flow could be measured and then a determination could be made where the inflow and infiltration was greatest. It was a comprehensive drainage system plan. Council Member Trent asked if these had not been used before - where there none on hand which could be used. Nelson replied that the City currently had one flow tote in the system. One of the old ways of monitoring the system was to send a crew out after a hard rain and open the manhole covers and measured how deep it was. Council Member Trent asked if the system were becoming too sophisticated. Nelson replied that the current method was not satisfactory in order to identify where to go in to correct the problem. There was a risk of making a major error on where to replace a line or where a line had a problem. The cost of the meters did not compare to the cost of opening a line in an incorrect location. Smith motioned, Chew seconded to approve the Consent Agenda. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid ~1270 - sanitary Sewer Flow Meter 2. Bid #1282 - Padmount Switchgear 3. 'Bid #1284 - Janitorial Service for Recreation Center 4. P.O. $13560 - Magneteck 5. Bid #1068 - P.O. ~97167-97168 - Eby Construction 383 City of Denton City Council Minutes October 1, 1991 Page 8 The Mayor read the remaining portion of the Consent Agenda. Alexander motioned, Chew seconded to approve the remaining portion of the Consent Agenda. Motion carried unanimously. B. Tax Refunds me Consider approval of a tax refund to Payless Cashways, Inc. for $5,358.55. Consider approval of a tax refund to Payless Cashways, Inc. for $4,079.89. 5. Ordinances A. 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. (4.A.1. - Bid #1270, 4.A.2. - Bid $1282, 4.A.3. - Bid #1284) The following ordinance was considered: 91-150 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 "aye", Alexander "aye", Hopkins "aye", Smith "aye,, Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Magnetek; and providing for an increase in the contract price. (4.A.4. - P.O. #13560) The following ordinance was considered: 91-151 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND MAGNETEK ELECTRIC INC. FOR A REDUCTION IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. 384 City of Denton City Council Minutes October 1, 1991 Page 9 Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the execution of Change Order No. 6 to a contract between the City of Denton and Martin K. Eby Construction Co., Inc., providing for a decrease in the.contract price. (The Public Utilities Board recommends approval.) (4.A.5. - Bid #1068-P.O. #97167-97168) The following ordinance was considered: 91-152 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 6 TO A CONTRACT BETWEEN THE CITY OF DENTON ANDMARTIN K. EBY CONSTRUCTION CO., INC.; PROVIDING FOR A DECREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE, Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution authorizing the Mayor to execute a mutual use agreement between the City and the County for backup on 800 mhz trunked communications system. Bob Nelson, Executive Director for Utilities, stated that the City and the County both operated an 800 mhz communications system for their patrol cars. This resolution would allow one of the entities to reprogram the other member system and still maintain communications with the original fleet. The following resolution was considered: R91-059 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL USE AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR BACKUP ON 800 MHZ TRUNKED COMMUNICATIONS SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. 385 City of Denton City Council Minutes October 1, 1991 Page 10 Alexander motioned, Smith seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution appointing members to the North Texas Higher Education Authority. City Manager Harrell stated that this was the point in time where appointments were required to the North Texas Higher Education Authority. The three incumbents who were currently serving and who were the appointments of the City were willing to continue to serve pending action on the part of the Council. Hopkins motioned, Smith seconded to approve the resolution. Council Member Trent stated that he did not know one of the individuals and was not sure he could comfortably vote for the resolution. Council discussed the qualifications of the proposed members. The following resolution was considered: R91-060 - A RESOLUTION APPOINTING MEMBERS TO THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. On roll vote, Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously with Trent abstaining. C. The Council considered approval of a resolution nominating candidates for membership to the Board of Directors of the Denton Central Appraisal District. City Manager Harrell stated that all of the taxing entities within Denton County were given the right to submit nominees for someone to serve on the Denton Central Appraisal District. That deadline was the 16th of October. Once all of those names were assembled, then the Council would be asked to cast votes for one or a combination of candidates. The City had a certain number of votes which could be split among candidates if the Council desired. Normally-in the past the City had tried to do close coordination with the Denton Independent School District regarding this matter to ensure that at least one member of the Board came from the City of Denton. The City could not do this independently as it did not 386 City of Denton City Council Minutes October 1, 1991 Page 11 have enough votes to ensure that any of the members would come from Denton. The DISD had formally submitted Horace Brock as a nominee to the Board. Dr. Brock was currently serving on the Board and was the candidate the School District and the City cooperatively nominated. It was not mandatory that the City submit a name. The following resolution was considered: R91-061 A RESOLUTION NOMINATING CANDIDATES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARINGAN EFFECTIVE DATE. Hopkins motioned, Smith seconded to nominate Dr. Horace Brock. Council Member Trent asked if this were an open nominating forum and did the City only have one person elected to serve on the Board to fill one of the five slots. City Manager Harrell stated that all taxing jurisdictions Within Denton County had until October 16 to submit names that Would go on the ballot for consideration by all the taxing jurisdictions for a later vote. The proposed resolution would allow the Council, on behalf of the City of Denton, t° place a name on that ballot. Council Member Trent asked if only one name could be submitted. City Manager Harrell replied that he thought the City had the right to only submit only one nominee. Once those names had been complied, after the 16th of October, the names would be submitted again to the Council for consideration of distribution of votes. If the vote were split and if the City did not combine with the School District and cast a ballot for a single individual, there were not enough votes for the City of Denton to guarantee that the City's nominee would get elected to the Board. Council Member Trent stated that he understood that the City was trying to maintain a degree of effectiveness byputting strength in one candidate. He felt that was essential. His concern was that the individual needed to have a strong sense of what was right and not let some of the runaway things happen which he saw happening in the past budgets. He did not approve with a lot of what he saw in their budgets.. He asked for Dr. Brock's background. Council replied that he was a retired accountant, a businessman and wrote several books on oil and gas accounting. 38 7 City of Denton City Council Minutes October 1, 1991 Page 12 Council Member Chew stated that Dr. Brock was an excellent choice. City Attorney Drayovitch stated that the City was able to nominate more than one individual to the Board. John McGrane, Executive Director for Finance, stated that each voting unit could nominate one person for each position. There were five positions to be filled so the City could nominate one candidate for each of those five positions. Council Member Alexander stated that the establishment of the County-wide education fund might have an effect on the process. The equations might be different and this might be a year where the City needed to be especially careful and needed to concentrate its effort to get a candidate elected. He felt Dr. Brock was highly qualified to hold the position. Mayor Castleberry asked if there were any further nominations. Council Member Trent motioned to nominate George Kay. Motion died for lack of a second. On roll vote, Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously with Trent abstaining. D. The Council considered approval of a resolution by the City Council of the City of Denton, Texas, authorizing an application for a grant to participate in the National Tree Planting Program and committing in-kind services to match the amount of the grant. Bob Tickner, Superintendent of Parks, stated that the program would add more trees to the City of Denton. They had been advised in July by the Texas Forest Service that the Federal Small Business Administration had this grant program. Staff had submitted a proposal on the number of trees and the locations where they might be planted. Due to the number of requests, staff had to scale down its request. There would be not local money involved. In-kind services would be provided by staff in the way of planting and maintaining the trees over the next three years. The following resolution was considered: 388 City of Denton City Council Minutes October 1, 1991 Page 13 R91-062 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN APPLICATION FOR A GRANT TO PARTICIPATE IN THE NATIONAL TREE PLANTING PROGRAM; COMMITTING IN-KIND SERVICES TO MATCH THE AMOUNT OF THE GRANT; AND PROVIDING FORAN EFFECTIVE DATE. Smith motioned, Chew seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered a motion directing staff to adjust Council district boundaries according to a schedule of activities and according to certain criteria. Harry Persuad presented a revised schedule in which staff had adjusted the proposed dates taking into consideration the filing dates for City Council candidates. If there were questions from the Justice Department, the timing would fall back another 60 days. If that happened, the current boundaries would be used for filing purposes. Chew motioned, Smith seconded to approve the revised schedule of activities and the criteria for the boundaries. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council considered an appointment of a voting and alternate voting delegate to the Annual Congress of Cities Conference. After Council discussion regarding who would be attending the Conference and who would be able to stay for the Conference business meeting, Trent motioned, Smith seconded to'appoint Mayor Pro Tem Hopkins as the voting delegate and Council Member Alexander as the alternate voting delegate. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Miscellaneous matters from the City Manager. City Manager Harrell presented the following items: A. Work Session item #6 was considered. 389 City of Denton City Council Minutes October 1, 1991 .... Page 14 Bob Nelson, Executive Director for Utilities, stated that the City entered into a wholesale water contract with the City of Corinth on May 14, 1985, that extended to June 1, 2006. This contract required that by February 1st of each year, Corinth had to notify Denton of the maximum daily demand that Corinth would need for the subsequent water year. Presently, Corinth's requested demand was 1,250,000 gallons per day with an average daily flow of 550,000 gallons per day. The Mayor of Corinth recently contacted Denton indicating that Corinth would like to consider drilling two wells to be utilized for system peaking. By utilizing these wells, Corinth's maximum demand from Denton would be reduced by approximately 500,000 gallons per day. The Corinth system represented approximately 5% of Denton's peak day requirements. For this Corinth paid 5% of all fixed costs and a return on investment for this 5% of the asset value of the system. Currently this represented approximately $300,000 per year. There was a provision in the contract for a five year backout clause. Corinth had indicated in writing that they would like to establish the proposed well system prior to the beginning of the June 1, 1992 .water year. They were requesting that Denton waive the five year notice of intent requirements and that they be able to lower demand volumes for the water year beginning June 1, 1992. The Public Utilities Board reviewed this issue at their meeting of September 18, 1991 and acknowledged that such a reduction was in keeping with the Board and City Council's policy to encourage Denton's wholesale water customers to reduce their dependence on Denton. They were concerned about the effect this amendment would have on the 1992 budget, plus a concern about the full reduction being allowed at one time. The Board appointed a task force to review the issue. The task force presented the following recommendations: (1) Denton and Corinth would honor the present 1.25 gallons per day demand request until October 1, 1992; (2) the requested demand would be reduced from 1.25 MGD to 1.0 MGD effective October 1, 1992; (3) the requested demand would be reduced down to .75 MGD effective October 1, 1993, pending Corinth advising Denton by September 1, 1993 of any reduction below 1 MGD that was desired; (4) the final maximum daily water demand request remaining after these reductions would represent the absolute maximum demand that Denton would provide, that Corinth would obtain any additional water from other sources, and that Denton would not, after October 1, 1992, carry any reserves for Corinth's future growth in water requirements; (5) the amendment for a reduction in demand was agreed to be based on Corinth's ultimate commitment to shift from being a Denton treated water customer to an Upper Trinity Regional Water District treated water customer. Council Member Trent questioned if Denton were shutting the door to sell excess if the situation arose. 390 City of Denton City Council Minutes October 1, 1991 Page 15 Nelson replied that unless Council changed the policy, Denton would not sell any excess. Council Member Alexander stated that he had a problem with Corinth relying on ground water rather than on surface water. Was that not in conflict with longer term conservation goals and objectives. Nelson stated that that was one of the disadvantages listed. Although from an economic standpoint, if they operated and coordinated those wells in the appropriate manner, they would be run only from June to August. He continued that advantages of allowing Corinth to reduce their requested volumes were: (1) 500,000 gallons per day of capacity could be returned to Denton; (2) this followed the general direction received from the Council and the Public Utilities Board over the 'past several years to encourage customer cities to seek water supplies elsewhere and discontinue receiving service from Denton; (3) it better utilized plant capacity in the region for base load usage and placed a good portion of Corinth's summer peak load onto a well system; (4) it placed Corinth in a more competitive position with other members of the UTRWD who had wells to handle some of their peaking requirements and who planned to utilize surface water for base load use; (5) it might help ease the concern Corinth had about the rates it paid Denton for water. Disadvantages of allowing Corinth to reduce their requested volumes were: (1) Denton stood to loose the following amounts of revenue with an earlier reduction - $60,000 in 1993, $120,000 in 1994 through 1996; (2) utilizing wells would further deplete the limited underground water supplies; (3) by Corinth installing a well, their requirements from UTRWD would be reduced which would mean less revenue for UTRWD to fund their proposed pipeline system. Mayor Pro Tem Hopkins stated that the amendment would work toward the goal of not having the cities Denton was currently serving be so dependent on Denton for their water. Council Member Smith asked if Corinth was receptive to the concept of a phased reduction. Nelson replied that the City Manager and the Mayor seemed receptive to the suggestion. Consensus of the Council was to proceed as suggested by the Task Force. B. Harrell stated that the Council was invited to attend the Hickory Creek park dedication sponsored by the Corps of Engineers. 391 City of Denton City Council MinUtes October 1, 1991 Page 16 C. A memo had been received from the Municipal Judge stating that she would be on vacation during October 9 - October 16. Originally a legislative overview had been planned for the October 15 Council meeting. Harrell requested that the item be postponed until the October 22 meeting. D. Harrell noted that the City of Denton was the only city which had the almost president of the APPA accept a proclamation for Public Power Week. 10. There was no official action taken on Executive Session items discussed during the Work Session. 11. New Business The following items of new business were suggested by Council Members for future agendas: A. Council Member Alexander requested a report regarding the ambulance situation as indicated by the citizen report received earlier in the meeting. B. Council Member Alexander requested a briefing regarding the status of SPAN. C. Council Member Trent asked for the travel/seminar policy to placed on a work session as was indicated during the budget process. 12. The Council convened into the Work Session to discuss legal matters (considered action in re: Flow), real estate and personnel/board appointments. Mayor Pro Tem Hopkins left the meeting. The Council then convened into open session and took the following action: A. Alexander motioned, Smith seconded to authorize the Subcommittee and the City Manager to send a letter to Sennett Kirk relative to the Flow Hospital bankruptcy and authorize the Mayor to sign papers necessary to submit to the Federal Court. On roll vote, Trent "nay", Alexander "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried with a 4-1 vote. 392 City of Denton City Council Minutes October 1, 1991 Page 17 With no further business, the meeting was adjourned. CITY'OF DEHTON, TEXAS BOB CASTLEBERRY, MAYpR~ CITY OF DENTON, TEX~S /