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Minutes December 03, 1991473 CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 3 , 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 the Executive Session to discuss legal matters (considered action in Wriaht v. City of Denton and regarding in re: Flow), real estate and personnel/board appointments (considered appointments to the Airport Zoning Commission and the Zoning Task Force). Mayor Pro Tem Hopkins left the meeting during the discussion of In re: Flow. 2. The Council received a report, held a discussion and gave staff direction regarding options for the greenbelt corridor. Howard Martin, Director of Environmental Services/Financial Administration, reported that as part of water development on Lake Ray Roberts, the city was required to fund recreational facilities on both Lake Ray Roberts and Lewisville Lake. In lieu of conventional facilities, the city developed a greenbelt concept with the Federal government paying 37.5% of the cost, the sponsors (Denton and Dallas) paying 37.5% of the cost, and the State participating in 25% of the cost in the form of up front money with the total cost of development of the greenbelt being $9.2 million. As a result of a meeting with the Texas Parks and Wildlife Department, the Army Corps of Engineers, and the sponsors to discuss contract revisions required to continue with the development, Texas Parks and Wildlife informed the city that they would not be participating in their 25% share of the project which amounted to about $2.3 million. After discussing several options with the Army Corps of Engineers, the conclusion was that the best option would be to continue with the development of the greenbelt in lieu of conventional facilities with the Army~Corps of Engineers picking up the up front cost associated with the $2.3 million and allowing the sponsors to repay over a 50 year time period. At their last meeting, the Public Utilities Board recommended to the Council to continue with the development of the greenbelt with the city picking up 26% of the State's $2.3 million which would amount to approximately $600,000. The additional cost increased the total overall cost of the project for the city from $897,000 to $1.5 million. 4'74 City of Denton City Council Minutes December 3, 1991 Page 2 Council Member Smith inquired as to how many years the city would be making payments of $111,000. Mr. Martin replied that the term would be 50 years at 7.21% interest out of the utility budget. Lloyd Harrell, City Manager, stated that under the terms of the contract with the Army Corps of Engineers to build Lake Ray Roberts the city was obligated to repay the Corps for a percentage of the project over a 50 year period and was obligated to make recreational improvements at both Ray Roberts and Lewisville according to a formula used on all Corps projects. The greenbelt was the better option for Denton residents. Mr. Martin reported that the Texas Parks and Wildlife Department would continue to operate and maintain the greenbelt so the city would not be obligated for the costs. Council Member Alexander stated that an important part of the negotiations with the Corps was their agreement to pay the up front money which resulted in some short term cost savings. Council Member Trent questioned if the Corps would follow through on their commitment. Mr. Martin stated that there was a contractual agreement with the Corps, but that the State never had a contract or an agreement with anyone. Council Member Trent suggested an attempt be made to get additional funding through Congress. Mr. Martin reported 'that it was difficult to get the re- authorization for the increase in the original greenbelt for land costs and funds from Congress could not be guaranteed. The city would continue to explore with the Army Corps of Engineers the option of going to Congress for more funding. Council Member Perry recommended that the city continue to work with the state for additional funding. The consensus of the Council was to recommend Option #3 which continued the greenbelt development with the city picking up their portion of the state's funding and continuing to explore all possibilities of funding with the Congress and the State. 3. The Council reviewed and authorized a letter of response to the Legal Defense Fund of the Texas Hotel/Motel Association. City of Denton City Council Minutes December 3, 1991 Page 3 475 John McGrane, Executive Director for Finance, reported that the city had received a letter from Donald Hansen, Secretary-Treasurer of the Legal Defense Fund of the Texas Hotel/Motel Association, questioning the use of some of the hotel/motel funds the city received from renting rooms within the city limits. The draft response letter stated the city had contractual arrangements with all of the organizations, in particular in the area of the arts because of Mr. Hansen's concern that the city was over the State's legislative limit on how much could be provided for the arts. The letter outlined that the city had two contracts with the arts, one actually for the arts and one for the building fund which expires in the Spring of 1992. The response letter had been reviewed by the City Attorney. Council Member Smith suggested that the letter from the city should include the purpose of the contract for the building fund which was the renovation of the old steam plant to make it an auditorium for the performing arts. Council Member Trent questioned if the contract outlined a commencement and completion date. City Attorney Debra Drayovitch stated that the contract did not provide for a commencement or completion date. The funds were tax funds and could only be spent as authorized by the legislature. Even though there was no specific time line in the contract, the funds could not be spent for any other purpose. The consensus of the Council was to send the letter with the suggested change. 4. The Council received a report and gave staff direction regarding paying a refund to electric utility customers in the City of Denton from surplus funds resulting from lower gas costs in 1991. Howard Martin, Director of Environmental Services/Financial Administration, reported that in Fiscal Year 90/91 the city had an energy cost adjustment for city fuel charges budgeted at 1.9¢. At the end of the fiscal year, the city's average annual gas cost was actually 1.6¢. The overcharge amounted to an approximate $2.3 million. The Public Utilities Board recommended a refund by check of .3¢ per kwh to all city electric customers. The recommendation would be to issue checks to all active electric customers that received service from October 1990 through September of 1991. The city would also advertise in the Dallas/Fort Worth metroplex for inactive customers that had left the system but had service during the refund time 4'76 city of Denton City Council Minutes December 3, 1991 Page 4 period. The customers would be allowed to make application for refund. Rebates of $5 or less would be credited to the account. Those customers with past due accounts would have their rebates automatically applied to their account. Mayor Pro Tem Hopkins questioned if there were any special legal problems involved with the refund. Debra Drayovitch, City Attorney, stated that she was still looking at the offset on the past due/delinquents and what obligations would apply to notifying people that were not currently active accounts. The City Attorney stated that checks issued to persons not currently active would have to go the State's unclaimed money fund if the checks were not claimed . John McGrane, Executive Director'of Finance, stated that the Public Utilities Board had agreed to the option of application for those. that were not current customers because of the State requirement that the check would have to be held for two years if it were not claimed. Mayor Pro Tem Hopkins questioned what the expense would be in cutting and mailing the checks and thought there would be more to rebate if the customers would have their accounts credited. Mr. Martin stated that the maximum cost in rebating by check would be less than $15,000 and would be covered by the excess funds. Council Member Alexander stated that the rebate would generate an enormous amount of goodwill with our utility customers. The consensus of the Council was to work out the legal issues and proceed with the necessary ordinance for the refund to be presented to Council on December 17th. 5. The Council received a report and held a discussion regarding alternatives to the existing structure of the Plumbing and Mechanical Code Board, the Electrical Code Board and the Building Code Board of Appeals and gave staff direction. Frank Robbins, Executive Director for Planning and Community Development, stated that currently members of two of the city's appeals boards were in violation of Article 14.04, Personal Interest of the City Charter because they are engaged in the sale of products or services to the city. The board members would not be illegal or in violation of the Charter to bid on city contracts or sales. The violation occurred when the person remained a member of a board that made a final decision on appeals. Several options City of Denton City Council Minutes December 3, 1991 .... Page 5 477 were outlined in the agenda information provided to the Council and discussed by Mr. Robbins. Discussion of the of pros and cons of the options was held. Council Member Alexander recommended that Council direct staff to find a mechanism to develop a pool of names for board and commission appointments especially those which required technical qualifications. The city needed to aggressively seek a list of names that would be eligible for service and make the list available to the Council when appointments were necessary. Mayor Pro Tem Hopkins recommended that an effort should be made to speak to the major Denton employers who had people on their staff with the expertise needed. The consensus of the Council was for Option #7 which was to follow the City Charter. 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 1. 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 session of November 5, 1991. Perry motioned, Chew seconded to approve the minutes of November 5, 1991. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Reports A. The Council received a citizens report from Carl Young regarding a Police Review Board. Mr. Young distributed materials to the City Council and stated that he would like the City Council to consider formation of a police review board. Mr. Young stated that the information outlined several incidences in which harassment by the Denton city Police had occurred. Mr. Young indicated that a review board allowed a 478 City of Denton City Council Minutes December 3, 1991 Page 6 check and balance system and created a spirit of cooperation between the police and citizens. Mr. Young stated that the problems with the police resulted from the city's budgeting process and the necessity to collect monies from fines. B. The Council received a citizen report from Artist Thornton regarding a Police Review Board. Mr. Thornton did not appear. Council Member Alexander stated that City Council was concerned about the quality of police service in Denton. He stated that the consensus of those he knew who had studied criminal justice and law enforcement was that a police review board was not something that a community like Denton would want. Mr. Alexander pledged that the City Council would be vigilant in protecting the interests of the citizens of Denton. Mr. Alexander also stated that the City 'Council demanded that complaints filed with the Police Department be thoroughly reviewed and reported as appropriate. Mr. Young stated that Joyce Young had filed a complaint with the Police Department and was unable to obtain a copy of the complaint from them. Council Member Alexander stated that a process for filing and handling complaints with the Police Department in Denton was in place. Council Member Trent stated that the City Council would look at the possibility of a police review board. He stated that the issue of budget pressures being a part of the police problem was not true, and fines would not be used to increase revenues. B. The Council received a report from Artist Thornton regarding a Police Review Board. Mr. Thornton arrived and was allowed to address the City Council. Mr. Thornton presented a petition with 1,068 signatures from citizens requesting a police review board. The petition stated that the board was needed for the City of Denton Police Department as a check and balance system and felt the city should not feel threatened by the establishment of the board. Mr. Thornton felt that the City Council was not living up the expectations of their constituents. He stated that a board provided a comfort zone for citizens filing a complaint. Council Member Chew stated that a meeting had been held several weeks ago with Mr. Young, students from the universities, the Mayor ', j 479 City of Denton City Council Minutes December 3, 1991 .. Page 7 and the Police Chief in which the group had been encouraged to have complaints processed through the system that was in place for handling complaints. Mr. Chew asked if any of the problems discussed at the meeting had been processed through the proper channels either with the Chief of Police, the City Manager, or the Mayor's Office. Mr. Thornton stated that many people were afraid to come forward and file their complaints. Council Member Chew questioned how the group could state that the system did not work if they had not tried it. Mr. Thornton stated that they could not try the system because they were too afraid to approach the system. Council Member Chew responded that until the system in place had been tried and proved that it did not work, he could not support the need for a review board. The problems presented needed to be taken care of through the system. If it were proven that the- system did not work, then there would be a reason to pursue the possibility of a review board. Lloyd Harrell, City Manager, stated that the current procedure for review of alleged violations concerning the Police Department placed responsibility for investigations with the City Manager with the assistance of the Police Chief. He stated that the message the city was sending was that the police officers were misbehaving to a point that the Police Chief could not adequately investigate misbehavior when those allegations were brought forth. Mr. Harrell stated that was not the case. The Police Chief and the Internal Affairs Division conducted thorough and complete investigations and would continue to do so with each complaint. Mayor Castleberry stated that a meeting with Mr. Thornton and Mr. Young including the Police Chief would be scheduled in the future. 4. The Council held a public hearing and considered adoption of an ordinance rezoning a 13,460 square foot tract of land located at the southwest corner of Fannin and Bernard Streets from the SF-7 (single family) to the 2F (two family) district. Z-91-016 (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning and Community Development, stated that the recommendation of the ordinance would be to rezone the tract of land at Fannin and Bernard Streets from single family to two familY. The Planning Department had received only two verbal replies in approval and no replies in opposition from the 32 reply forms sent. The potential platting and 48'0 City of Denton City Council Minutes December 3, 1991 Page 8 development would change from single family to two family in accordance with the zoning ordinance for the 2F district. The Mayor opened the public hearing. John C. Johnson, owner of the two lots, stated that he was requesting rezoning in accordance with the Development Guide. He also stated that approval of the zoning request contributed in a small way to a solution of the growing problem of persons unable'to own their own homes in Denton. The rezoning request would assist in providing decent, affordable rental housing for four families. No one spoke in opposition. Mayor Castleberry closed the public hearing. The following ordinance was considered: 91-183A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE.FROM ONE-FAMILY DWELLING (SF-7) TO TWO-FAMILY DWELLING (2F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 13,460 SQUARE FEET OF LAND LOCATED AT THE SOUTHWEST CORNER OF FANNIN AND BERNARD STREETS IN THE HILLSIDE ADDITION TO THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. vote, Trent "aye", Alexander "aye", Chew "aye", Perry "aye", and Mayor carried unanimously. 5. Consent Agenda On roll Hopkins "aye", Smith "aye", Castleberry "aye". Motion Council Member Trent asked that Item 5.A.2. be pulled for discussion. Hopkins motioned, Chew seconded to approve the Consent Agenda with the exception of item ~.A.2. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders 1. Bid ~1294 - Tree Trim~ing 3. Bid #1300 - Concrete Contai~ent Ta~ ' City of Denton City Council Minutes December 3, 1991 Page 9 481 4. Bid #1305 - Nottingham Drainage Improvements Council Member Trent questioned that the agenda back up indicated that Caterpillar was the only manufacturer and if other manufacturers of landfill compactors had been contacted and their response. Tom Shaw, Purchasing Agent, stated that distributors for landfill compactors were researched after receiving only one response to the Request for Bid. Rex and Bomag distributors were solicited for bid and chose not to reply. Caterpillar was the only manufacturer of a four-wheel compactor. Council Member Trent questioned how the decision was made to purchase the 816 instead of the 826. Charles Watkins, Superintendent/Solid Waste, stated the decision was based on the fact that the machine was adequate to handle the volume of solid waste received at the landfill. The current machine was adequate, but unreliable. The larger unit would cost an additional $100,000. Alexander motioned, Chew seconded to approve Consent Agenda Item 5.A.2. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Ordinances A. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1294, 5.A.2. - Bid #1298, 5.A.3. - Bid #1300) The following ordinance was considered: 91-184 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; 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~ 482 City of Denton City Council Minutes December 3, 1991 Page 10 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.4. - Bid #1305) The following ordinance was considered: 91-185 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance. On rol1 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 authorizing and allowing, under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in the system on an annual basis for service performed by qualifying members of such system who, at the effective date of the allowance, in the employment of the City of D~nton; and providing for ~reased prior and current service annuities for retirees of the City. Ike Obi, Personnel Specialist, stated that the ordinance implemented service credit updates for 1992 calendar year and would take effect January 1, 1992. Funding was approved in the 91/92 fiscal year budgeting process. One of the advantages of the program ensured employee benefits were updated using their most recent three year salary and authorized the city on an annual basis to implement the program on a repetitive basis and eliminated the necessity to acquire annual City Council approval. The ordinance also brought current retirees monthly benefits to 70% in line with cost of living increases. 483 City of Denton City Council Minutes December 3, 1991 Page 11 The following ordinance was considered: 91-186 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN THE SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO, AT THE EFFECTIVE DATE OF THE ALLOWANCE, ARE IN THE EMPLOYMENT OF THE CITY OF DENTON; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE. Alexander motioned, Smith 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. D. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment No. 1 to the agreement between the City of Denton and Alan Plummer and Associates, Inc. relating toprofessional engineering services for the design of the Pecan Creek Wastewater Treatment Plant; and authorizing the expenditure of funds. (The Public Utilities Board recommended approval.) Howard Martin, Director of Environmental Services/Financial Administration, stated that Alan Plummer and Associates, Inc. was designing improvements to bring the Pecan Creek Wastewater Treatment Plant into compliance and for plant expansion. In May, 1991, the city entered into the agreement for the detailed design engineering services. At the time, the city did not have enough information to proceed with detailed designs so items M through Q were identified as needing preliminary designs. Items M through Q of the contract dealt with electric power to the plant, plant instrumentation, and renovation of some of the buildings. The preliminary designs were completed for the items and approval of the ordinance would allow Alan Pl-mmer and Associates to proceed with detailed designs. The cost to complete the detailed design would be $96,100. Mayor Pro Tem Hopkins questioned whether the monies for this contract were all ready in house or would additional bonds need to be sold. Mr. Mart'in stated that the money for the detailed design was in the 1992 CIP. However, the monies for the actual improvement to the items were budgeted in the 1996 CIP and bonds would need to be sold. 484 City of Denton City Council Minutes December 3, 1991 Page 12 The following ordinance was considered: 91-187 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER AND ASSOCIATES, INC. RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF THE PECAN CREEK WASTEWATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. Alexander 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. E. The Council considered adoption of an ordinance approving an agreement between the City of Denton and the Police Athletic League; and authorizing the Mayor to execute an agreement approving- the expenditure of Community Development Block Grant Funds therefore. Barbara Ross, Community Development Coordinator, stated that during the summer of 1990 the Council approved the CDBG Final Statement of Objective Use of Funds for the program year which included a Police Athletic League Program. The program was designed for the police to reach low income children and work with them prior to the onset of any negative influence in their lives. During the last year, the Police Athletic League formed a 501-C3, and thus it was appropriate to have a contract with the League for the expenditure of the funds. Funds have been used for equipment and participation in baseball, basketball, etc. The following ordinance was considered: 91-188 AN ORDINANCEAPPROVINGANAGREEMENT BETWEEN THE CITY OF DENTON AND THE POLICE ATHLETIC LEAGUE; AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith 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. city of Denton City Council Minutes December 3, 1991 Page 13 485 F. The Council considered adoption of an ordinance amending Article II of Chapter 28 of the Code of Ordinances ("Building Code") to provide for amendments and deletions to the Uniform Building Code, 1985 Edition, previously adopted as the Building Code for the City of Denton, repealing all ordinances in conflict herewith; and providing for a penalty in the amount of $2,000 for violations thereof. (The Building Code Board recommended approval.) Frank Robbins, Executive Director for Planning and Community Development, stated that the Building Code Board recommended an increase in the fees including a 20% plan review fee for one and two family development, a 50% plan review fee for other building permits, a $20 reroofing permit fee, and a $10 certificate of occupancy fee. Denton's fees were substantially lower than most other in the Metroplex, and the Major Budget Issues item had proposed a 50% across the board fee increase which would have been charged as a plan review fee. The Building Code Board worked on the ordinance from August through October and established an actual cost of service. The result of the analysis established that 50% would not cover the total cost for most kinds of non-residential building permits, but that a 50% increase for single and two-family development was more than what it actually cost to do the review. Council Member Trent stated his concern that no one from the Home and Apartment Builders organization or the Chamber had reviewed the ordinance. Mr. Trent also stated that through the month of September Denton had seen an increase in single family permitting. He expressed concern that the fee increase would discourage development. Mr. Robbins stated that the Chairman of the Building Code Board was an active member of the Chamber. Mayor Pro Tem Hopkins questioned how the fee for a building permit was determined. Mr. Robbins stated the building permit fee used a multiplier of the square footage of a residential building. Mayor Castleberry requested that the item be brought back at a later time with additional information. Council Member Perry questioned how long the ordinance had been under consideration by the Building Code Board and unanimously approved by the board. Mr. Robbins stated that the Building Code Board began consideration at approximately the same time the Major Budget Issue document was City of Denton City Council Minutes December 3, 1991 Page 14 prepared toward the end of May with more discussion in August and September. The following ordinance was considered: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ("BUILDING CODE") TO PROVIDE FOR AMENDMENTS AND DELETIONS TO THE UNIFORM BUILDING CODE, 1985 EDITION, PREVIOUSLY ADOPTED AS THE BUILDING CODE FOR THE CITY OF DENTON, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Trent moved that the ordinance be postponed to date certain, Hopkins seconded the motion. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. G. The Council considered adoption of an ordinance amending Sections 28-121 (8) and 28-210 of Chapter 28 (Building and Building Regulations) of the Code of Ordinance, by amending the minimum fees for permits; amending Section 28-297 (3) providing for fees for the inspection of swimming pools, hot tubs and spas; and providing for a severability clause. (The Plumbing and Mechanical Code Board and the Electrical Code Board recommended approval.) Frank Robbins, Executive Director for Planning and Community Development, stated that the ordinance increased the minimal electrical and plumbing permit fees from $7.50 and $10.00 to $15.00 and increased swimming pool permit fees from $20 to $30 and from $50 to $75 depending on whether the pool were public or private. The Plumbing and Mechanical Code Board and Electrical Code Board unanimously recommended approval of the fees. The following ordinance was considered: 91-189 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTIONS 28-121 (8) AND 28-210 OF CHAPTER 28 (BUILDING AND BUILDING REGULATIONS) OF THE CODE OF ORDINANCES, BY AMENDING THE MINIMUM FEES FOR PERMITS; AMENDING SECTION 28-297 (3) PROVIDING FOR FEES FOR THE INSPECTION OF SWIMMING POOLS, HOT TUBS AND SPAS; PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On rQll vote, Trent "aye", Alexander "aye" Hopkins "aye", Smith "aye" City of Denton City Council MinUtes December 3, 1991 Page 15 Chew "aye", Perry "aye", and Mayor Castleberry "aye". carried unanimously. Motion H. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Albertson's Inc. for participation in the construction of a sixteen (16") inch water main to serve the City's utility system; and providing for the expenditure of funds. Lee Allison, Director of Water Operations and Engineering, stated that the ordinance was for a basic oversize agreement for a 16" line as outlined in the Master Plan instead of the 8" line Albertson's had requested. Albertson's indicated that they preferred to work on a competitive bid basis in which case the city would establish a maximum participation amount of $14,743. 487 The following ordinance was considered: 91-189A AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ALBERTSON'S INC. FOR PARTICIPATION IN THE CONSTRUCTION OF A SIXTEEN (16") INCH WATER MAIN TO SERVE THE CITY'S UTILITY SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING 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 "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution opposing a proposed change in the Texas Administrative Code which would allow potable water used by heat exchangers to be returned to the potable water supply. (The Public Utilities Board recommended approval.) Lee Allison, Director of Water Operations and Engineering, stated that the heat pump industry had a system that worked off of a water distribution system for heating and air conditioning. Many problems were associated with the systems in regards to environmental, health and regulatory issues. New rules and regulations coming from the Environmental Protection Agency and the Texas Water Co~mission regarding lead and copper which are very common in heat pump systems could put more copper and lead into the 488 City of Denton City Council Minutes December 3, 1991 Page 16 city's system. The proposal was that these systems be unmetered. The Texas Municipal League had taken similar action. The following resolution was considered: R91-072A A RESOLUTION OPPOSING A PROPOSED CHANGE IN THE TEXAS ADMINISTRATIVE CODE WHICH WOULD ALLOW POTABLE WATER USED BY HEAT EXCHANGERS TO BE RETURNED TO THE POTABLE WATER SUPPLY, AND DECLARING AN EFFECTIVE DATE. Trent motioned, Alexander 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. B. The Council considered approval of a resolution authorizing the Deputy City Manager to execute, in the City' Manager's absence, documents on behalf of the City and authorizing the Right-Of-Way Agent to accept easements, deeds and other conveyance of real property on behalf of the City of Denton as may be reasonably related to maintenance and improvement of utility services, drainage and traffic control. Debra Drayovitch City Attorney, · , . stated that the. resolution was a housekeeping matter whlch would serve to ratify the existing procedure followed by the cit~ staff and allowing the Right-Of-Way Agent to accept deeds and dedications that were either donated to the city in the course of road or other project construction and also to formally recognize the Deputy City Manager's authority to execute contracts and other legal documents on behalf of the city when the City Manager was absent and would forestall any legal challenges to the actions. The following resolution was considered: R91-073 A RESOLUTION AUTHORIZING THE DEPUTY CITY MANAGER TO EXECUTE, IN THE CITY MANAGERtSABSENCE, DOCUMENTS ON BEHALF OF THE CITY AND AUTHORIZING THE RIGHT-OF-WAY AGENT TO ACCEPT EASEMENTS, DEEDS AND OTHER ~' '~-~v%NCE OF REAL PROPERTY ON BEHALF OF THE CITY OF DENTON ~. ~ REASONABLY RELATED TO MAINTENANCEAND IMPROVEMENT OF .~ SERVICES, DRAINAGE AND TRAFFIC CONTROL. Alexander motione~ ~W ~e~onded to approve the resolution, on roll vote, Tren~ ~e", Alexander "aye", Hopkins "aye", Smith City of Denton City Council Minutes December 3, 1991 Page 17 489 "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, reminded Council that the Mid Year Planning Session would be held next week and begin at 4:00 p.m. in the Civil Defense Room. 9. Official Action on Executive Session items: D. Board Appointments Hopkins motioned, Trent seconded to appoint Rob Rayner as a member of the Zoning Task Force. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Trent moved, Perry seconded to accept the recommendation of the Planning and Zoning Commission and the Airport Advisory Board to name three members from each of the respective commissions to serve on the Airport Zoning Commission which were, from the Planning and Zoning Commission, Roy Appleton III, Ivan Glasscock, and William Kamman; and, from the Airport Advisory Board, Allie Miller, George Gilkison, and Rick Woolfolk and included as an alternate John Dulemba. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. New Business The following items were suggested by Council Members for future agendas: A. Council Member Hopkins stated concern over allowing banners to fly over a city street and would like the issue addressed during the next revision of the sign ordinance. 11. The Council did not meet in Executive Session during the Regular Session. 490 City of Denton city Council Minutes December 3, 1991 Page 18 With no further business, the meeting was adjourned at 8:52 p.m. BETTY WFLLIAMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS AMM0008C