Minutes January 07, 199219
CITY OF DENTON CITY COUNCIL MINUTES
JANUARY 7, 1992
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
personnel/board appointments (considered whether Joe Mulroy had
forfeited his position as a member of the Plumbing and Mechanical
Board of Appeals under Section 14.04 of the Charter), legal matters
(considered action in City of Denton v. Washinqton National
Insurance Company, discussed litigation in City of Denton v. Tri-
Steel Structures, Inc., considered action in Fritz v. City,
considered action in Texas Waste Manaqement v. City of Denton), and
real estate.
Mayor Pro Tem Hopkins left the meeting during a portion of the
Executive Session.
2. The Council received a report and held a discussion regarding
GTE Optional Extended Area Service for citizens of the City of
Denton.
Mel Willis, GTE, stated that several years ago the City had asked
GTE to research the feasibility of expanding the local Denton
telephone service area to include the Metroplex. The hope was that
the City's residents and businesses would be able to call other
cities without having to use long distance. The following
information related to the Extended Area Service options: (1) the
EAS would be optional to all telephone customers; (2) the area
would include Lake Dallas, Lewisville, Carrollton, Coppell, Argyle,
Irving, DFW Airport, Grapevine, Garland, Plano, Justin and
Bartonville. Pilot Point and Tioga would be added in 1993; (3) the
monthly cost would be $30 for residential customers and $75 for
business customers which would replace the local service charge;
(4) the City would not lose franchise revenue as the franchise tax
applied only to local service and not to long distance; (5) Denton
customers would be required to change their phone numbers if they
coincided with numbers included in the proposed EAS; (6) Dallas and
Fort Worth were not included in the area as an agreement had not
been reached with Southwestern Bell; and (7) the City would be able
to add the service to its economic development location advantages.
The proposal was subject to the Public Utility Commission's
approval. Staff recommended that Council direct staff to Drepare a
resolution approving the optional extended area service concept and
authorize GTE to offer it to the citizens of Denton.
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City of Denton City Council Minutes
January 7, 1992
Page 2
Council Member Trent asked about companies which provided a similar
service such as Denton Metro. Was this in direct competition with
those companies and had GTE gotten any feedback regarding such a
proposal.
Willis replied that he had not contacted those companies but felt
that the GTE service would not be in competition as the same area
would not be covered.
A representative of Denton Metro stated that he felt the service
would be somewhat in competition with his service.
Council Member Trent asked if there would be an initial hook-up
fee.
Willis replied that there would probably be a period of time when
there would be no hook-up fee.
Council Member Chew stated that there was a representative from DFW
Direct present and asked if he felt the service would be in
competition with his business.
The representative from DFW Direct felt that the service might
actually help his business.
Consensus of the Council was to have staff prepare a resolution for
consideration at the next Council meeting.
3. The Council received a report and held a discussion concerning
the results of the City of Denton Affirmative Action program and
proposed Workforce Diversity Program.
Tom Klinck, Personnel Director, stated that in 1989 the Council
approved an Affirmative Action Program which included the following
objectives: commitment to Affirmative Action Program, internal
communication of EEO philosophy, external communication of EEO
philosophy, special/focused recruitment and selection, supervisory
and employee training, monitoring Equal Opportunity/Affirmative
Action accomplishments, and hiring and professional development of
targeted individuals.
Mary Ann Stout, Personnel Specialist, presented a summary of
accomplishments of the Affirmative Action Program and statistics
relating to the breakdown of employees relative to race.
Consensus of the Council was to direct staff to prepare a
resolution for consideration of implementation of the Workforce
Diversity Program.
City of Denton City Council Minutes
January 7, 1992
Page 3
2¸1
Work Session Items #4, #5, #6, and #7 were considered under
Miscellaneous Matters from the City Manager.
The Council then convened into the Regular Session at 7:00 p.m. in
the Council Chambers.
PRESENT: Mayor Castleberry; Council Members Alexander, Chew,
Perry, Smith and Trent.
ABSENT: Mayor Pro Tem Hopkins
Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Pro Tem Hopkins joined the meeting.
2. The Council considered approval of the minutes of the Regular
Sessions of November 19, 1991, December 3, 1991, and December 17,
1991; the Planning Seminar Update of December 10, 1991; and the
Joint Session of December 11, 1991 with the Denton Independent
School District.
Perry motioned, Trent 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 considered a resolution of appreciation for Ernie
Tullos.
Mayor Castleberry presented the resolution to Mr. Tullos.
The following resolution was considered:
RA92-001
RESOLUTION OF APPRECIATION FOR ERNIE TULLOS
Perry motioned, Hopkins 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.
City of Denton City Council Minutes
January 7, 1992
Page 4
4. Citizen Reports
A. The Council received a citizen report from Bill Thomas
regarding the Main Street Program.
Mr. Thomas indicated that his presentation was a "thank you" for
the Main Street Program. He felt the downtown area had been
revived due to the fine efforts of the City staff and the Council.
He appreciated the joint venture the City had with private
enterprise.
B. The Council received a citizen report from Fred Gossett
regarding the plan review fees.
Mr. Gossett stated that he was representing the Denton division of
the Home and Apartment Builders. He felt that the wrong message
would be sent with the passage of the plan review fee. That
message was did Denton want affordable housing. The builders were
not asked for input regarding the plan review fee. They were
vitally interested in the welfare of Denton and requested the
Council vote down the residential fee and rescind the vote on the
commercial fee. He presented standards for comparisons with other
cities such as Plano, Lewisville, etc. There was a need to bring
house building back to Denton.
Council Member Trent asked Gossett what he felt kept Denton from
growing.
Gossett replied jobs, many area cities were closer to the jobs in
the Metroplex and had the same amenities as Denton at a lower
price, and Denton needed to create jobs to provide an affordable
base for customers for houses.
Council Member Trent agreed with Gossett that the wrong message was
being sent with the plan review fee.
Mayor Castleberry asked if the builders were experiencing a problem
in obtaining financing.
Gossett replied that if a good development plan were presented to
a banker, there should be no problem receiving financing.
Council Member Trent had the impression while reading the Building
Code Board minutes that the Board did not want to approve the
review fee but was forced to do so. He felt it was no~ a
legitimate recommendation.
City of Denton City Council Minutes
January 7, 1992
Page 5
5. Consent Agenda
Council Member Trent asked that Items 5.A.4. and 5.A.6. be Pulled
for special consideration.
Hopkins motioned, Perry seconded to approve the Consent Agenda
excluding Items 5.A.4. and 5.A.6. Motion carried unanimously.
Bo
A. Bids and Purchase Orders:
2.
3.
5.
Bid #1307 - Uniform Rental
Bid #1309 - Dump Trucks
Bid #1310 - Skid Steer Loader
P.O. #21290A - EIS Support Services
Tax Refunds
Considered approval of a tax refund to Voertman's
for $956.50
Item 5.A.4. was considered.
Council Member Trent did not see the justification for the purchase
of the vehicles other than changing from gas to diesel. He felt
the vehicles should be replaced when they were worn out not just to
change fuel types.
City Manager Harrell replied that all of the items were listed as
part of the 1991-92 annual budget. As the budget process
proceeded, the auto replacements were included in the individual
budgets. The questions which Council Member Trent was asking were
normally reviewed during the budget deliberations. It was correct
that in this packet there was not a complete justification process
again as was done during the budget process. More detailed
information was presented regarding the diesel bid versus the
gasoline bid as the gasoline powered equipment bid was lower but it
was felt that there would be lower operating costs in association
with the diesel equipment.
Council Member Trent replied that just because these were items
looked at in the budget and agreed on, that did not mean those
vehicles were now worn out and needed to be replaced. He asked why
two short wide-bed pickups were being purchased for the Utility
Department.
Tom Shaw, Purchasing Agent, replied that those units would be
assigned to the Meter Reading Division and the short wheel base was
City of Denton City Council Minutes
January 7, 1992
Page 6
easier to maneuver while still being able to haul the proper
equipment needed for the meter reading.
Council Member Trent asked about the new vehicle for the Parks
Department.
Shaw replied that that was a twelve passenger van which was
designated for the Electric Utility Administration Department.
Council Member Trent asked which vehicle was for the Parks
Department. He was not sure the Parks Department needed to drive
1992 vehicles as it was not a life and death situation for that
Department. He felt that money was being spent simply because the
money had been budgeted.
Shaw replied that the unit for Parks was one of the three-quarter
ton pickups. The new vehicle would replace a 1978 van which
required over $2000 of repairs during the previous year and a life
time maintenance cost of $8,272. The vehicle was in need of an
engine overhaul with a potential of total vehicle failure at any
time. This was the third year that the request had been submitted.
Council Member Trent asked if there was a possibility that the City
had a vehicle which could replace the older vehicle and not need to
buy a new vehicle.
City Manager Harrell stated that when the Council received a
recommendation in the budget process, it had already been through
a staff review process. That process would determine if there were
a possibility of shifting another vehicle from a different
department rather than buy a new vehicle. The vehicles were not
being bought simply because the money was in the budget.
Item 5.A.6. was considered.
Council Member Trent had asked earlier how much money was spent to
maintain computer software/hardware. The Manager had provided him
with information regarding contracts for computer maintenance.
City Manger Harrell replied that the information was contract for
both hardware and software for computer operation.
Council Member Trent replied that some of the contracts were on-
going and some were short term contracts.
City Manager Harrell replied correct. Many of the contracts dealt
with one particular software system.
City of Denton City Council Minutes
January 7, 1992
Page 7
Council Member Trent stated that when the cumulative dollars were
added, the figure was $420,000 annually. Did not the City have
employees with that type of expertise to maintain those programs.
City Manger Harrell replied that the City had a limited staff who
had general skills and general knowledge. Many of the programs
involved complex technical computer program software operation
which was essential to keep running.
Council Member Trent replied that the hardware and software was not
old as the Council had just voted to update that equipment.
Gary Collins, Director-Information Services, stated that the
utility billing system was a package purchased ten years ago. The
City did most of the general maintenance. The proposed contract
was for items outside the City's expertise or because of a timing
of a request, outside expertise was needed.
Mayor Pro Tem Hopkins and Council Member Alexander thanked the Data
Processing Advisory Board for their review and recommendation to
the Council.
Hopkins motioned, Chew seconded to approve 5.A.4. and 5.A.6. on the
Consent Agenda. 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.
A.~ Bids and Purchase Orders:
o
6. Ordinances
Bid #1311 - Pickups, Trucks & Van
P.O. #21292 - D. B. Microware
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 #1307,
5.A.2. - Bid #1309, 5.A.3. - Bid #1310, 5.A.4. - Bid #1311)
The following ordinance was considered:
NO. 92-001
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITUR~ OP PUND~
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
January 7, 1992
Page 8
Smith 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.
B. The Council considered adoption of an ordinance providing
for the expenditure of funds for purchases of materials or
equipment which are a~ailable from only one source in accordance
with the provisions of State law exempting such purchases from
requirements of competitive bids. (5.A.5. - P.O. #21290A)
The following ordinance was considered:
No. 92-0O2
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE.
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.
C. The Council considered adoption of an ordinance providing
for th~ expenditure of funds for purchases of materials or
equipment which are available from only one source in accordance
with the provisions of State law exempting such purchases from
requirements of competitive bids. (5.A.6. - P.O. #21292)
The following ordinance was considered:
No. 92-003
AN OPJ)INANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATELAW
~X~PTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
City of Denton City Council Minutes
January 7, 1992
Page 9
D. The Council considered adoption of an ordinance vacating
a portion of a public utility easement recorded in Volume 8, Page
9 of the Plat Records of Denton County, Texas. (The Planning and
Zoning Commission and the Public Utilities Board recommended
approval.)
Bob Nelson, Executive Director for Utilities, stated that the
original 16' easement was quite old. A driveway was unknowingly
built over the easement. Recent repaving and drainage improvements
discovered the error. The owner had agreed to give a new easement
in return for the four feet that was covered by the driveway.
The following ordinance was considered:
No. 92-004
AN ORDINANCE VACATING A PORTION OF A PUBLIC UTILITY EASEMENT
RECORDED IN VOLUME 8, PAGE 9 OF THE PLAT RECORDS OF DENTON
COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Alexander seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
E. The Council considered adoption of an ordinance
authorizing assignment pay for Fire Department employees in the
classification Driver who were also assigned to perform the duties
of Maintenance/Logistics Officer.
Rick Svehla, Deputy City Manager, stated that the proposed
ordinance should have been included in the ordinance approving the
Mercer implementation. Fire Chief Cook had advised him that these
were Civil Service requirements.
The following ordinance was considered:
No. 92-005
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT
EMPLOYEES IN THE CLASSIFICATION DRIVER WHO ARE ALSO ASSIGNED
TO PERFORM THE DUTIES OF MAINTENANCE/LOGISTICS OFFICER; 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.
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City of Denton City Council Minutes
January 7, 1992
Page 10
F. The Council considered adoption of an ordinance 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; and providing for a penalty in the maximum amount of $2,000
for violations thereof. (Z-91-016)
The following ordinance was considered:
No. 92-006
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM ONE-FAMILY DWELLING (SF-7) TO TWO-FAMILY (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. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
G. The Council considered adoption of an ordinance retaining
the lawfirm of Henderson Bryant & Wolfe to represent the City of
Denton in pending litigation.
Mayor Pro Tem Hopkins left the meeting with a potential conflict of
interest.
The following ordinance was considered:
No. 92-007
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF
HENDERSON BRYANT & WOLFE TO REPRESENT THE CITY OF DENTON IN
PENDING LITIGATION; AND PROVIDING AN EFFECTIVE DATE.
Alexander motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Mayor Pro Tem Hopkins returned to the meeting.
City of Denton City Council Minutes
January 7, 1992
Page 11
· ~. The Council considered adoption of an ordinance approving
a release and settlement agreement for pending litigation between
the City of Denton and Michael L. Gorder.
The following ordinance was considered:
No. 92-008
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A RELEASE
AND SETTLEMENT AGREEMENT FOR PENDING LITIGATION BETWEEN THE
CITY OF DENTON AND MICHAEL L. GORDER; AND DECLARING 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.
I. The Council considered adoption of an ordinance providing
for amendments to Chapter 28 ("Building Code") of the Code of
Ordinances establishing a plan review fee for one and two family
building permits. (The Building Code recommended approval.)
Frank Robbins, Executive Director for Planning, stated that the
last time the building permit fees had been revised was in 1981.
At the last Council meeting, Council approved a plan review fee for
non-residential development of 50% which equalled a little less
than average of what was paid in the Metroplex. This reflected
less than what the actual cost of service was to do a plan review
fee for those kinds of building permits. The proposed ordinance
contained a blank in the space for the percentage which the Council
needed to complete. A 20% increase had been proposed. A 10%
increase was more equivalent to providing the service than a 20%
increase. A 10% increase would almost equal the average of the
other Metroplex cities.
Council Member Alexander asked for the cost of a 2,000 square foot
house with the 10% and 20% increase.
Robbins replied that a 10% increase would be approximately $31 and
the 20% increase would be approximately $62.
The following ordinance was considered:
30
City of Denton City Council Minutes
January 7, 1992
Page 12
No. 92-009
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 $2,000.00
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance with a 10%
increase. On roll vote, Trent "nay", Alexander "aye", Hopkins
"aye", Smith "aye", Chew "aye", Perry "aye",. and Mayor Castleberry
"nay". Motion carried with a 5-2 vote.
7. Resolutions
A. The Council considered approval of a resolution assigning
the City of Denton's authority to issue single family housing bonds
to Denton County Housing Finance Corporation and resolving other
matters in connection therewith.
Council Member Chew left the meeting with a potential conflict of
interest as he was a member of the Denton County Housing Fiance
Corporation Board.
Lloyd Harrell, City Manager, stated that the City jointly with the
County made up the membership of the Denton County Housing Finance
Corporation. Each year the Corporation had to apply to the State
for authority to issue bonds which could be made available to first
time home buyers. The proposed resolution put the City on record
as being supportive of the Housing Finance Corporation filing such
an application and gave them the right to file on the City's behalf
for such reservation. Last year the Corporation received an
allocation. Because of the State cap, it was very unlikely that
the Corporation would receive an allocation for 1992 but in order
to receive priority status for 1993, an application had to be filed
in 1992.
The following resolution was considered:
No. R92-001
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
ASSIGNING ITS AUTHORITY TO ISSUE SINGLE FAMILY HOUSING BONDS
TO DENTON COUNTY HOUSING FINANCE CORPORATION AND RESOLVING
OTHER MATTERS IN CONNECTION THEREWITH.
City of Denton City Council Minutes
January 7, 1992
Page 13
31
Perry motioned, Alexander seconded to approve the resolution. On
roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Council Member Chew returned to the meeting.
B. The Council considered approval of a resolution
authorizing the Mayor to execute an Escrow Agreement with Flow
Regional Medical Center, Inc.
Mayor Pro Tem Hopkins left the meeting with a potential conflict of
interest.
Debra Drayovitch, City Attorney, stated that Exhibit A to the
resolution provided that the arbitrator found that the City should
submit the agreement to the bankruptcy court and in order to do so,
the Council needed to approve the resolution.
Council Member Perry asked how the agreement would bear on the use
of any interest on the principle.
Drayovitch replied that the City had no right to the interest or on
the principle of the note or other assets held by Flow.
Council Member Trent asked if the City would have access or use of
those monies if the City were involved in litigation over health
care in the past.
Drayovitch replied that the only way the City would have a right to
draw on those assets were if a claim were made against the City or
the County for health care provided in the past or with respect to
environmental claims regarding the hospital premises.
The following resolution was considered:
No. R92-002
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ESCROW
AGREEMENT WITH FLOW REGIONAL MEDICAL CENTER, INC,; AND
PROVIDING AN EFFECTIVE DATE.
Perry motioned, Trent seconded to approve the resolution. On roll
vote, Trent "aye", Alexander "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Mayor Pro Tem Hopkins returned to the meeting.
32
City of Denton City Council Minutes
January 7, 1992
Page 14
C. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the Texas
Municipal Power Agency and the cities of Denton, Bryan, Garland and
Greenville for the administration of the contract for the sale of
power and energy to the City of College Station. (The Public
Utilities Board recommended approval.)
City Manager Harrell stated that Items 7.C., 7.D., and 7.D. would
have a joint presentation.
Bob Nelson, Executive Director for Finance, stated that the four
TMPA member cities had entered into power sales contracts with
College Station, Bowie and Bridgeport. The four cities had
requested that TMPA administer these contracts and finance and
oversee the construction of the necessary power lines to serve
these cities. The purpose of the agreements was to contract with
TMPA for the administration of these power sales contracts,
establish the construction responsibilities and the payment terms
for the power lines to serve these cities, to establish an
administration fee for TMPA, and to establish the agreement between
the four cities on how the proCeeds from these power sales would be
divided among the cities. These contracts were similar to the
Farmersville contract which the Council recently approved.
The following resolution was considered:
No. R92-003
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF
DENTON, BRYAN, GARLAND AND GREENVILLE FOR THE ADMINISTRATION
OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY TO THE CITY
OF COLLEGE STATION; AND PROVIDING AN EFFECTIVE DATE.
Trent 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.
D. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the Texas
Municipal Power Agency and the cities of Denton, Bryan, Garland and
Greenville for the administration of the contract for the sale of
power and energy to the City of Bowie. (The Public Utilities Board
recommended approval.)
City of Denton City Council Minutes
January 7, 1992
Page 15
33
The following resolution was considered:
No. R92-004
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF
DENTON, BRYAN, GARLAND AND GREENVILLE FOR THE ADMINISTRATION
OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY TO THE CITY
OF BOWIE; AND PROVIDING AN EFFECTIVE DATE.
Trent 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.
E. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the Texas
Municipal Power Agency and the cities of Denton, Bryan, Garland and
Greenville for the administration of the contract for the sale of
power and energy to the City of Bridgeport. (The Public Utilities
Board recommended approval.)
The following resolution was considered:
No. R92-005
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF
DENTON, BRYAN, GARLAND AND GREENVILLE FOR THE ADMINISTRATION
OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY TO THE CITY
OF BRIDGEPORT; AND PROVIDING AN EFFECTIVE DATE.
Trent 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 i considered, approval of a resolution
authorizing the Mayor t~iexecute anagreement between the City of
Denton and Denton CountY for ambulance service.
The following resolution was considered:
No. R92-006
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE
SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
January 7, 1992
Page 16
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.
8. The Council considered a motion on the proposed annexation of
67.92 acres located north of Ryan Road on Forrestridge Drive, and
adopt a schedule setting the date, time and place for public
hearings.
Frank Robbins, Executive Director of Planning, presented the
schedule for setting the date, time and place for public hearings.
Trent motioned, Smith seconded to approve the schedule. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
9. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, did not have any items for Council
other than the items not considered during the Work Session.
4. The Council received a report and held a discussion regarding
improvements to U. S. Highway 77, from Interstate Highway 35 north
of Denton southeast to U.S. Highway 380 and gave staff direction.
Rick Svehla, Deputy City Manager, stated that the Highway
Department had forwarded their latest schematic drawings to the
City for input. They had asked the City to review these as soon as
possible so that they could be forwarded to Austin. Staff felt
there were three major areas which would need significant changes.
Those areas included the intersection of Bonnie Brae, the
intersection of Terlingua/Riney Road, and the intersection of Riney
Road.
The existing alignment of Bonnie Brae came into Highway 77 at an
abrupt angle which caused turning movement problems in order to
gain access to Highway 77. Staff was proposing to change the
alignment of Bonnie Brae so that it entered Highway 77 at two
different points. This would allow for a 90 degree intersection
and would provide 500 feet of spacing. This design would eliminate
the need for a future signal at the intersection. It provided for
better flow. There had been discussion regarding the alignment of
old Bonnie Brae on the south. Both landowners in that area had an
interest on where the alignment should go.
City of Denton City Council Minutes
January 7, 1992
Page 17
For the intersection of Riney Road and Terlingua, staff was
proposing access using Terlingua and eliminate the access of Riney
Road. There currently was a bad angle at that intersection. There
were three homes with frontage on Riney Road at that point. The
new alignment would occur past those three homes which would still
allow them access.
The third area was another branch of Riney Road. Staff was
recommending eliminating access on both sides of Highway 77. A
cul-de-sac could be built on the south side. There were three
residents in that area which would provide them with no straight
access but it would be very close.
Consensus of the Council was to proceed with the staff
recommendation.
5. The Council received a report and held a discussion regarding
disannexation of 102.34 acres located north of Jim Christal Road
and west of Masch Branch Road and gave staff direction.
Frank Robbins, Executive Director for Planning, stated that staff
had received a disannexation petition. Staff was seeking a policy
consensus of the Council on which to base comments to the
petitioner. It was the recommendation of staff that the property
not be disannexed in order to maintain the availability of city
services and planning and development control. State law provided
for two procedures for disannexation. The petition received did
not meet the qualifications of the law as it did not have sworn
affidavits of any owner who signed the petition stating the places
and dates of posting a copy of the petition in three public places
in the area for 10 days and the publisher of a newspaper who
published notice of petition 15 days before the petition was
circulated was not attached and the petition also lacked voter
registration data. A second provision for disannexation would be
for the Council to adopt an ordinance disannexing the area.
Mayor Pro Tem Hopkins asked where the City limits were located in
the area.
Robbins replied that the property in question was surrounded by the
City limits.
Mayor Pro Tem Hopkins felt that the only reason to disannexation
would be if it were far from the current City limits.
City Manager Harrell stated that staff was looking for direction to
contact the petitioner and inform him of the proper procedure for
a disannexation request. A second alternative would be to
City of Denton City Council Minutes
January 7, 1992
Page 18
voluntary prepare an ordinance for disannexation.
Consensus of the Council was to contact the petitioner and inform
him of the proper procedure for a disannexation petition.
6. Item #6 was considered during the Regular Session Item #8.
7. The Council received a report and held a discussion regarding
a proposed exit ramp on Interstate Highway 35.
Rick Svehla, Deputy City Manager, stated that staff had been
working with Rancho Vista Development Company and the Highway
Department regarding an exit ramp near the Loop 288 construction
and the projected outlet mall. It was felt that the original ramp
design was close to the Rancho Vista Development and might cause a
future stacking problem with the development. The Highway
Department indicated that they would agree to move the ramp if
someone would pick up the extra cost of construction for the
frontage road. By moving the ramp further south, any kind of
stacking problems would be negated. Rancho Vista agreed to provide
$450,000 to construct approximately three thousand feet of frontage
road. The Highway Department would contract with the City for
relocation of the ramp approximately three thousand feet to the
south and to rebuild approximately three thousand feet of frontage
road. The City would sign the contract upon receipt of the
$450,000 from Rancho Vista.
Consensus of the Council was to proceed with the staff
recommendation.
The Council returned to the regular agenda order.
10. There was no official action taken on Executive Session items
discussed during the Work Session.
11. New Business
The following item of new business was suggested by a Council
Member for future consideration:
A. Council Member Smith requested the Council take another
look at the split payment options for City taxes.
12. The Council reconvened into the Executive Session to discuss
personnel/board appointments (considered whether Joe Mulroy had
forfeited hi~ po~iti~n as a member of the Plumbing and Mechanical
Board of Appeals under Section 14.04 of the Charter), legal matters
(considered action in City of Denton v. Washinqton National
City of Denton City Council Minutes
January 7, 1992
Page 19
Insurance Company, discussed litigation in City of Denton v. Tri-
Steel Structures, Inc., considered action in Fritz v. City,
considered action in Texas Waste Manaqement v. City of Denton), and
real estate.
The Council convened into open session and considered the
following:
A. Alexander motioned, Chew seconded that based on the
recommendation of the Legal Department, regarding the provisions of
the City Charter, he hereby regretfully moved to rescind the
appointment of Mr. Joe Mulroy to the Plumbing and Mechanical Code
Board of the City of Denton. On roll vote, Trent "aye", Alexander
"aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
With no further business, the meeting was adjourned.
JEN~FER WA~ERS
CITY~F DENT~, TEXAS
ACC0002E