Loading...
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. 20 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. 28 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