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Minutes February 18, 199290 CITY OF DENTON CITY COUNCIL MINUTES FEBRUARY 18, 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 legal matters (considered action in Texas Waste Manaqement vs. City of Denton and considered action in GillisDie vs. City), real estate (discussed acquisition of land for recreational facilities) and personnel/board appointments (considered appointments to the Building Code Board, Cable T. V. Advisory Board, the Plumbing and Mechanical Code Board and the Airport Advisory Board). Following the conclusion of the Executive Session, the Council convened in open session in the Council Chambers. 1. The Council received a report and held a discussion regarding the City's Capital Improvement Plan and budgeting process. Corrie Gil, Management Services Administrator, presented the background on the CIP process in relation to the budget process. She presented the process for the CIP details. There would be better identification and better tie of operation and maintenance costs related to each capital project - annual information rates by expenditure category. Additional projects were added to the five year plan based on information received from a recent public hearing. The recommendations received by the Planning and Zoning Commission were based on the following criteria: (1) public safety, health and life, (2) legal requirements, liability or mandate, (3) quality and reliability of current service level, (4) economic growth and development (5) recreational, cultural and aesthetic value. Mayor Pro Tem Hopkins stated that there was an error in the backup materials. There was a statement attributed to the Denton State School regarding a project and it should have a project concerning State School Road. Council Member Trent asked how citizen recommendations were handled regarding specific problems. Gil replied that each of those items would be listed as a project, analyzed by cost information and if they pertained to a utility area, would be forwarded to the Public Utilities Board or if a general government area, would be forwarded to the Executive Staff City of Denton City Council Minutes February 18, 1992 Page 2 for analysis and recommendations. Ail would then be forwarded to the Planning and Zoning Commission which would give their recommendations to the City Council. 2. The Council received a report and held a discussion regarding the establishment of a University Students Advisory Committee and gave staff direction. Jesus Nava, Assistant to the City Manager, reported that there had been two meetings with the students thus far. The students had given the idea a great deal of thought and were well prepared with several ideas on how the committee should work. They had ideas on representation and how it should be balanced between UNT and TWU. The proposed board would have seven members, three from UNT and three from TWU. Terms would be for a year starting July 1 which coincided with the terms of the City's boards and commissions. The Student Government Associations from each of the universities would be responsible for providing three names plus one alternate name to the Council. In even numbered years, UNT would provide the chair and in odd numbered years, TWU would provide ~the chair. A suggestion was made to have an ex-officio seat or seats be available for high school representation. The universities would select their representatives in spring when they had their election of officers in the Student Government Associations. Those names would be submitted to the Council for the appointment process. The body would be advisory to the Council and would be responsible for deliberating issues affecting students and the student community. They would be allowed to appoint working committees to assist them in getting their work done. They would meet regularly and especially once a semester with the Council in a joint work session. The first annual meeting would be during the summer after the Council appointments. Starting with the fall semester, the board meetings would be in September, October and November. During the spring, the board would meet in February, March and April. Lloyd Harrell, City Manager, stated that this was a suggestion from the university students from UNT and TWU. It was their proposal to the Council which the Council could discuss and make adjustments to before it was returned in an ordinance or resolution form. Council Member Alexander stated that he had a concern regarding the status of the high schools. He did not like ex-officio positions and was not sure that the high school students would respond favorably to that proposal. There might be a need for a separate board for the high school students or to make them a part of the grouD that came to the table in the student advisory board. He did not feel the high school students should be in an ex-officio capacity. 91 9¸2 City of Denton City Council Minutes February 18, 1992 Page 3 Nava replied that the discussion was more of one in which the university students wanted to include the high school students. This was just one of the suggestions. Council Member Perry felt that the creation of an advisory board by the Council was a serious matter in that once created, it had the ability to directly participate in the government of the City. He had several questions concerning the formation of such a board - would the student committee be interposed between the Council and the Administration on student issues and would it be interposed between the Council and the Board of Regents of the universities on student issues. He felt the questions were important as once created, the board would have the power to give advise, discuss, consult with and to recommend to the Council. The Council did have relationships with all of the bodies at the universities. He felt that it should be a committee with a name such as Student Intergovernmental Committee rather than an advisory board. He had a concern with placing that type of committee on the same level with such boards as the Public Utilities Board or the Board of Adjustment. He felt the formation of such a committee and its dealings needed to be on a serious level. Additional concerns included the jurisdiction of the committee and what issues it would address. Issues which affected students would affect everyone. He questioned the need for such a committee in view of the fact that every student had access to the Council, had access to the floor of the Council and had access to every board and commission of the City as did any citizen. He asked for a clarification on needs, purposes, interposition with other bodies at the universities, functions, and areas of jurisdiction. He suggested having the student body form a committee and enter into a relationship with the Council on an informal basis for a year and run it on a trial basis. Problems could then be worked out before the Council formally established such a committee. He urged the Council to take time to look at the issue and give it a trial basis test so that if the Council decided to carry it forward it would be on a sound basis. Nava replied that the draft of the committee followed the draft of other Council committees particularly the Beautification Commission. Council Member Smith stated that there needed to be a statement of purpose of the committee, particularly if the committee could create additional committees to carry out the purpose of the board. She needed to know what that purpose would be in a distinct statement. City of Denton City Council Minutes February 18, 1992 Page 4 93 Mayor Pro Tem Hopkins stated that she had a concern with the high school students. There might be a good rational for bringing in the high school students in one manner or another but the Council had not discussed that with staff and was not a step she was prepared to take without more information and a rational for including the high school students. Council Member Trent stated that he appreciated the comments from the university students when they spoke to Council and that they were serious students. In response to one of the concerns which Council Member Perry had, there were some current boards and commissions which did very little and the Council was not upset about that. He felt that there might be boards in which the members did not know they were members of that board. He did not have a problem with constituting a student advisory committee and felt that if the students on the committee did a good job, it would make everyone look good. If they did a bad job, the committee would not exist. He was in favor of proceeding. Council Member Smith stated that if an ordinance were prepared, she wanted a statement of purpose included which would give a clear idea of the purpose of the committee. She questioned having the first meeting in July as many of the students were not in town in July. She also questioned whether students would run for these positions as they would for positions on the student government or would they be chosen by the individuals who would be elected. Nava replied that the election of the officers occurred in the spring and felt that after the new incoming officers were elected, names could be solicited and submitted to Council. Council Member Chew stated that a definite statement of purpose was needed and that the name of the committee needed to be discussed. That needed to be very clearly determined. Council Member Perry stated that whatever plan was presented needed to be clear in regards to whether or not the body would be interposed between the Council and any other governing body at either university. He wanted that clear to begin with so that there would not be any jurisdictional problems. He could not see it as being interposed but wanted it clear and a matter of record to begin with that the committee would in no way be interposed between the Council and other governing bodies. He did not know if that would be possible. This body would not be a quasi-governing body, it would be a real governing body. He again urged the Council to take some time to run the committee on an informal basis to see how well it worked before it was given a full standing with the Council. He had seen the Council Chambers full of students on City of Denton City Council Minutes February 18, 1992 Page 5 issues which they were concerned about which was to the point that they had their rights to ~come before the Council. They did not need a special committee or group on anything which concerned their needs. They already had every opportunity to participate in a government as it affected them. There needed to be demonstrated the need for such a committee. Council Member Alexander felt that there were a number of viable points raised by Council. Nava had mentioned that the model used to draft some of the proposed language was from the Beautification Commission model and he noted that that Commission was originally established as an ad hoc committee and worked in that capacity for a number'of years before the Council made it a formal commission. A critical question was to be careful on where the sovereignty was in the Denton city government. The sovereignty needed to reside with all of the people of the City including the students. The only way to exercise that sovereignty was at the ballot box on a referendum or electing council members. He felt it was important to maintain the opportunity for students to come to Council and be heard. The Council needed to be careful that by establishing some kind of advisory committee that rights of students to speak to the Council were not disenfranchised. Mayor Castleberry felt it was a good idea for a committee. He stated that there were a number of items which needed to be clarified and brought back to Council at the next meeting, if possible. Nava listed those items as: - high school representation - statement of purpose of the board - name of the board Council Member Perry stated additional items were: - needs - interposition with other university bodies Mayor Castleberry stated that it might not be possible to bring the issue back to Council within one week but if not, to bring it back at the first meeting in March. Council Member Perry stated that he saw no reason why the alternative of a trial basis for the committee should not thoroughly discussed with the ~tudent~. He was very serious about such a trial basis and wanted a serious response as to why a trial period would not be in order. City of Denton City Council Minutes February 18, 1992 Page 6 Mayor Pro Tem Hopkins felt it was not necessary to have the item on the table by the first meeting in March. She felt that there needed to be a work session on the item before an ordinance or resolution were presented to Council. Consensus of Council was that another work session on the item was in order but not to wait until May or final exam time. 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 City Council recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Sessions of January 21, 1992 and February 4, 1992 and the Special Call Session of January 26, 1992. Perry motioned, Chew seconded to approve the minutes as presented. Mayor Pro Tem Hopkins asked that the minutes be separated as she was not present for two of the meetings. Perry amended his motion, Chew amended his second to approve the minutes of the January 21, 1992 and January 26, 1992 meetings. On roll vote, Trent "aye", Alexander "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously with Mayor Pro Tem Hopkins abstaining as she was not present for the meetings. Smith motioned, Chew seconded to approve the minutes of February 4, 1992 as presented. On roll vote, Trent "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously with Council Member Alexander abstaining as he was not present for the meeting. 3. Resolution of Appreciation for Raymond Short. 95 City of Denton City Council Minutes February 18, 1992 Page 7 The following resolution was considered: RA92-004 RESOLUTION OF APPRECIATION FOR RAYMOND SHORT Perry motioned, Chew 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. 4. The Council received a citizen report from J. Quinn Brisben regarding federal/city revenue sharing. Mr. Brisben stated that he was the socialist candidate for President. He stated that municipal government was the government closest to the citizen. He was well aware that municipal government was being starved for revenue and revenue at that level was primarily raised through property tax. Property tax no longer reflected the real wealth of a city. A new form of government was needed. He proposed a metroplex government and a municipal income tax for people who worked in Denton but lived outside the City limits. He also felt that there needed to be more revenue sharing from the federal government. Mayor Castleberry acknowledged Leadership Denton in attendance at the meeting. 5. Public Hearings A. The Council held a public hearing with regards to the proposed annexation of 23.059 acres located on Forrestridge Drive, north of Ryan Road. Frank Robbins, Executive Director for Planning, stated that this was the second public hearing on the proposed annexation. At the first public hearing the petition was amended to annex 23 acres instead of 69 acres. The schedule for annexation had been amended which required a special meeting on March 11, at 4:00 p.m. The purpose of the public hearing was to receive input about the annexation and the service plan associated with the annexation. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. City of Denton City Council Minutes February 18, 1992 Page 8 The Mayor close the public hearing. Council Member Perry asked if the City would be installing the utilities in the area, etc. Robbins replied that the utilities would be provided by the City but the cost of the utilities and much of the construction would be done by the developer as they were required to support the subdivision. B. The Council held a public hearing and considered the preliminary replat of 4.082 acres, being Lot i-R, Block 9 of the Alex Robertson Addition from Lot 1, .289 acres of Jennette Street right-of-way and approximately 3.538 acres of unplatted land. The site was at the northeast corner of Crosstimbers and Mill Streets, adjacent to the Union Pacific Railroad. (The Planning and Zoning Commission recommended approval 5-0 at its February 12, 1992 meeting.) Frank Robbins, Executive Director for Planning, stated that the site encompassed the Fred Moore Day Care Center and a large brick building which formerly housed a high school. Public improvements included approximately 960 feet of concrete sidewalk along Mill and Cross Timber, and a fire hydrant next to Mill Street. The building was proposed to be used by the D.I.S.D. for a school. Currently the land was zoned for multi-family use in which a public school was allowed by right. Some parking would take place on the to be abandoned portion of Jennette Street. The recommendation from the Planning and Zoning Commission included the conditions of final abandonment of Jennette Street, and the showing of an adequate easement on the side of the property. Approximately .289 acres of right-of-way would be considered for abandonment at the Council meeting of March 3, 1992. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Hopkins motioned, Alexander seconded to approve the preliminary replat. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 98 City of Denton City Council Minutes February 18, 1992 Page 9 6. Consent Agenda Council Member Trent asked that Items 6.A.1. and 6.A.2. be pulled for separate consideration. Smith motioned, Chew seconded to approve the Consent Agenda excluding Items 6.A.1. and 6.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: Bid #1318 - Aerial Bucket Device Bid #1319 - Medical Supplies Bid #1328 - Pavement Patching Machine B. Tax Refunds Considered approval of a tax refund to First State Bank of Denton for $1,585.29. Considered approval of a tax refund to United Title Company for $508.57. Considered approval of a tax refund to Wise County Title Company for $614.01. Item 6.A.1. was considered. Council Member Trent expressed a concern that a second bid had not been received on this item and suggested that an additional bid was needed before it was approved. He had done some checking on the item and had received information that the bid might be excessive. There had been a second bid received but it was for a used piece of equipment. He had asked if a used piece of equipment was less efficient than a new piece of equipment. The answer he received was that as long as the warranty was there, a used piece of equipment was sometimes as good as a new piece and would cost about half the cost of new equipment. City Manager Harrell replied that the actual cost of the equipment was $104,990 on a 60 month lease/purchase arrangement with Xerox. Other materials and maintenance costs were included in the package. There was one other proposal received on the equipment for a used piece of equipment. The Data Processing Advisory Board had recommended the new equipment as opposed to the used equipment. Back-up information also provided the detailed budget information reviewed during the budget process and the ranking of the various City of Denton City Council Minutes February 18, 1992 Page 10 packages which went to Council when the Council approved this as part of the annual budget~ The actual net cost to the City would be about $16,000 per year because some of the other expenditures would be off-set by not having forms printed out-of-house. Gary Collins, Director of Information Services, stated that bids were sent out to four bidders. Two did not bid on the project. The actual cost of the equipment over five years would be $104,990 compared to the used equipment of $76,470. The bid for the used equipment was good only until February 14 which did not coincide with a Council meeting and the maintenance cost, which was part of the package, could not be guaranteed by Xerox over the 60 month period. The maintenance cost from Xerox was locked in for a 60 month period. There was a liability with used equipment which was not present with new equipment. The original time for the bid process had been extended for the bidders of the used equipn~en~o '~ther bids could be sought but Collins felt that the results~w~u!d_~ hot be different. There was a $20,000 trade-in offer which e~p~e~ at the end of the month. council Member Trent felt that with a purchase of $104,000 there needed to be more than one bid. In looking at the totals, the equipment would not be leased/purchased without the maintenance program and could not be gotten without the usage charge. That put the price at $231,000. It did not come through the budget at $231,000. It came through the budget as $54,977. Collins replied that during the budget discussion it was explained that the figure represented the first year of cost of a five year lease purchase. Discussion continued as to what other cities with main frame printers used and what response they received from bidders. City Manager Harrell stated that if the Council desired, the purchase could go back for another bid. He stated that part of the proposal included a $20,000 trade-in for a piece of outdated equipment. He was doubtful that the equipment was worth that much and there was a deadline on the proposed trade-in. John McGrane, Executive Director for Finance, stated that Xerox had a promotional program through February. They were allowing $20,000 for an old Wang printer which would be honored through February. Mayor Pro Tem Hopkins asked to hear from the Chair of the Data Processing Advisory Board. 100 City of Denton City Council Minutes February 18, 1992 Page 11 Jim Kuykendall, Chair-Data Processing Advisory Board, stated that this was an excellent opportunity for the City to save money. He did not know what else could be done to get more bidders. Four were contacted. Only two submitted a bid. There had been much discussion regarding the new equipment versus the used equipment. There were technical issues associated with older equipment. The equipment must be reliable. Trent motioned to hold the bid until a second bid could be received. The motion died for lack of a second. Chew motioned, Alexander seconded to approve 6.A.1. 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 Purchases 1. RFSP #1317 - Laser Printer Item 6.A.2. was considered. Council Member Trent stated that he did not see the need for a survey crew to have a suburban. Perhaps a used vehicle could be purchased instead of a new vehicle. He did not see any reasons why the vehicle would need power windows, etc. Tom Shaw, Purchasing Agent, stated that the vehicle was a very plain unit. It had only power steering and power brakes and no air conditioning was included. It was a white vehicle with a four speed transmission. The problem with bidding a used vehicle was that it could be gone by the time it went through the bidding process. A suburban was requested for security reasons. There was not enough room for three men in a cab of a truck together with all of the expensive equipment that the survey crew needed. Alexander motioned, Chew seconded to approve 6.A.2. 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 Purchases 2. Bid #1311 - Pickup Truck, Van (Item #5 only) City of Denton City Council Minutes February 18, 1992 Page 12 101 7. 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. - RFSP #1317) The following ordinance was considered: No. 92-028 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FORAN EFFECTIVE DATE. Hopkins 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. B. The Council considered adoption of an ordinance accepting a competitive bid and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.2. - Bid #1311, 5.A.3. - Bid #1318, 5.A.4. - Bid #1319, 5.A.5. - Bid #1328) The following ordinance was considered: No. 92-029 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins 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. C. The Council considered adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 2, 1992, and, if a runoff election was required, on May 30, 1992, for the purpose of electing council members to the City Council of the City of Denton, Texas to Places 5 and 6 and electing a Mayor to Place 7; ordering that the punch card electronic voting system be used; designating voting places and appointing election officials; and providing for notice of-the election. 102 City of Denton City Council Minutes February 18, 1992 Page 13 Mayor Pro Tem Hopkins asked about the date for the runoff election. Jennifer Walters, City Secretary, stated that the State Legislature had changed the dates for municipalities to hold a runoff. The previous dates had been either the last or the second to the last Saturday in May. The new date was no earlier than 20 days or later than 30 days from the final canvas of the main election. In order to have the runoff on a Saturday, the date would have to be May 30. Discussion was held on possible ways to hold the runoff earlier. The following ordinance was considered: No. 92-030 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 2, 1992 AND, IF A RUNOFF ELECTION IS REQUIRED, ON MAY 30, 1992, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, TO PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR NOTICE OF THE ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Perry 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 approving a settlement agreement and release between the City of Denton and Washington National Insurance Company. Council Member Trent asked that the agreement be made public. City Attorney Drayovitch stated that the agreement was public. It was an ordinance which settled a lawsuit between the City of Denton and Washington National Insurance Company. The lawsuit was filed alleging a claim of approximately $200,000 and the approved settlement was for $175,000. Council Member Trent stated that he was against the settlement. Of the $175,000 which would be recovered, the attorneys fees would be $58,579. Thus the City would be receiving only $116,000. He felt that the fees were too high. The following ordinance was considered: City of Denton City Council Minutes February 18, 1992 Page 14 103 No. 92-031 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY OF DENTON AND WASHINGTON NATIONAL CASUALTY AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Chew 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. E~ The Council considered adoption of an ordinance authorizing the Mayor to execute an amendment to a wholesale water supply agreement between the City of Denton and the Town of Corinth, Texas. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that Corinth requested an amendment to their water contract in order to reduce their annual water demand from Denton. They wanted to install a well for peak times and use Denton for their base water needs. A task force of the Public Utilities Board reviewed this issue and responded affirmatively with certain criteria. Mayor Pro Tem Hopkins asked if the wells had been dug yet and if all the previous questions raised had been considered. Nelson replied that the wells were not done yet. Corinth was waiting for Denton to act on the amendment before they began the wells. They would proceed with the well in early fall. The following ordinance was considered: No. 92-032 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO A WHOLESALE WATER SUPPLY AGREEMENT BETWEEN THE CITY OF DENTON AND THE TOWN OF CORINTH, TEXAS; AND PROVIDING AN EFFECTIVE DATE. Trent motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 104 City of Denton City Council Minutes February 18, 1992 Page 15 8. Resolutions A. The Council considered approval of a resolution approving revised City policies regulating smoking and the use of smokeless tobacco products by City employees. The following resolution was considered: No. R92-010 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING SMOKING AND THE USE OF SMOKELESS TOBACCO PRODUCTS BY CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. Trent motioned, Perry seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council considered approval of a resolution approving the GTE Southwest Extended Area Service for the Denton exchange and authorizing the Mayor to sign all necessary documents. Jesus Nava, Assistant to the City Manager, stated that this item was present to Council in early January. The proposed resolution would approve extended area service for the Denton exchange. The following resolution was considered: No. R92-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON APPROVING THE GTE SOUTHWEST EXTENDED AREA SERVICE FOR THE DENTON EXCHANGE AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY DOCUMENTS. 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. 9. Miscellaneous matters from the City Manager. City Manager Harrell did not have any items for the Council. 10. There was no official action on Executive Session items discussed during the Work Session. City of Denton City Council Minutes February 18, 1992 Page 16 105' 11. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Trent felt that the access roads along I35 were extremely dirty and suggested the City street sweeper clean the area. B. Council Member Trent stated that there were still barricades on Dallas Drive from the beautification project and asked that they be removed. Lloyd Harrell, City Manager, stated that the Dallas Drive project was a State Highway project and their contractor. They would be contacted to remove the barricades. He also stated that the access roads were the responsibility of the State and suggested first trying to get the State to clean the area instead of the City doing it. In the past, whenever the City did a State responsibility, it seemed that the State would not do it again. He suggested contacting the State first and if nothing was done, then have the City do the work. 12. The Council convened into the Work Session to discuss legal matters (considered action in Texas Waste Manaqement vs. city of Denton and considered action in Gillispie vs. City), real estate (discussed potential acquisition of land for recreational facilities) and personnel/board appointments (considered appointments to the Building Code Board, Cable T. V. Advisory Board, the Plumbing and Mechanical Code Board and the Airport Advisory Board and consulted with the Municipal Judge regarding goals and objectives for 1992. The Council reconvened into open session and took the following action: A. Hopkins motioned, Perry seconded to appoint Jim Risser to the Airport Advisory Board. 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. ~NNI~E~ALTERS, CItY ~EC-RETARY ~ITY OFOgENTON, TEXAS ACC00045