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Minutes June 23, 199227O CITY OF DENTON CITY COUNCIL MINUTES JUNE 23, 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 Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (considered settlement offer in R. C. Small & Associates, Inc. v. City of Denton, Texas, considered settlement offer in Winterrowd vs. Casteel. et al, considered authorization for settlement of David Amberson and Linda Amberson v. Todd Kidwell and City of Denton. Texas), real estate, and personnel/board appointments (considered appointments to all City of Denton Boards and Commissions and discussed personnel matters and duties of the City Manager, the City Attorney and the Municipal Judge as related to the .operation of the Municipal Court.) 2. The Council received a report and held a discussion on the Master Plan for the 200 acre South Park including the Parks and Recreation Advisory Board's recommendation for initial development. Dalton Gregory, chair-Parks and Recreation Board, stated that the Parks Board had recommended the Master Plan which was presented to Council. The first phase involved several community meetings with residents which gave the residents the opportunity to indicate what facilities they would like in the park. Those items were then categorized with regard to cost and priority. Most of those suggested items had been included in the Master Plan. One item substituted was the development of a lake and fishing area rather than undeveloped practice fields as the proposed lake would be considered more favorably in the grant application. The Parks Board recommended that staff proceed with a matching grant application to Texas Parks and Wildlife for initial development of basic park facilities. Due to the fact that the grant application was due on July 31, 1992, there was an urgency to develop an acceptable conceptual master plan that balanced the criteria for a favorable grantlapplication, the long range park development needs of the City, the reality of funding proper maintenance of the development, and the expressed desired of the adjacent neighborhood. Janet Simpson, Park Administrator, presented the details of the Master Plan. Residents had indicated the need for passive facilities. A community park, which was a more intensely developed park, and a neighborhood park were being planned. A future recreation center would be planned for an area near the community park. The proposal included a development adjacent to Hobson Lane 271 City of Denton City Council Minutes June 23, 1992 Page 2 with a picnic pavilion, picnic tables, playground, 2 tennis courts, basketball c~urts, sand volleyball, lake with fishing pier, open space, soft and hard surface trails, restroom and parking. A neighborhood park type of development near Jason Drive and Londonderry would include basic picnic and playground facilities only. Walking trails would be provided throughout the park. A proposed entrance off of Teasley Lane would provide residents of Southridge adequate access. Neighborhood meetings provided information on what facilities the residents would like to see in the park. Passive development was suggested as a first priority which included trails for walking and jogging, playgrounds, picnic facilities, and landscaping. Active development was a second priority which included tennis courts, basketball courts, sand volleyball, and unlighted ball fields. Support facilities included adequate parking, restrooms, and security lights. Simpson presented the grant criteria which included trails, swimming, playground areas, hiking trails. Phase one would included a neighborhood park developed on the north side of the development. A concrete trail was proposed to link the two parks with soft surface trails in other parts of the development. A lake would be developed to help with drainage and also be a positive factor in the grant application. Simpson presented the components of the grant application. She detailed the recreation facilities which would be included in the grant application which included concrete hike and bike trails, soft surface hiking, playground structures, 2 picnic pavilions and picnic units. Tennis courts, basketball courts volleyball and security lighting would also be included. Betty McKean, Executive Director for Economic Development and Municipal Services, stated that the original intent had been to open only 25 acres which was much less than the proposed plan. citizens had indicated that if the park were opened to trails, they would be satisfied if the rest of the park were left natural. Most of the park would not be mowed. She detailed the maintenance requirements w~ich would be throughout the park. Some areas would receive weekly maintenance in regards to mowing and liter control and other areas would only receive maintenance every two weeks or more. The decision to open the park and provide natural areas was predicated on being able to maintain these areas at Class D level (no mowing) and the continued support from the City Council if there were pressure from citizens to upgrade the maintenance at a later date. Four options were provided for Council consideration: (1) submit the grant proposal as recommended by the Parks and Recreation Advisory Board on July 31, 1992. (2) submit an alternate grant proposal on July 31, 1992, (3) delay the grant submission un%il ~anuary 31, 1992, or (4) do not submit a grant and construct a partial development with the available $500,000 in 1986 bond funds. 272 City of Denton City Council Minutes June 23, 1992 Page 3 Mayor Pro TemHopkins expressed appreciation to the Parks Board and staff for all of the work involved with the project. She felt the project should move ahead in order to proceed with the grant application. Council Member Perry suggested the lake be could be termed a wildlife refuge and could be included in the grant application. He suggested rerouting traffic off of Teasley as that street was extremely busy. Consensus of the Council was to proceed with Phase I and the grant application. 3. The Council was to receive a presentation and discussion of the Capital Improvement Program. (Recommended by the Planning and Zoning Commission and the Public Utilities Board.) This item was considered during the Regular Meeting under Miscellaneous Matters from the City Manager. 4. The Council was to receive a report and hold a discussion regarding the City's new automated attendant phone service. This item was considered during the Regular Meeting under Miscellaneous Matters from the City Manager. 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 Brock, Perry, Smith and Miller. ABSENT: Council Member Chew 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. Resolutions of Appreciation A. The Council considered approval of a resolution of appreciation for Tillman Uland. The Mayor presented the resolution of appreciation to Tillman Uland. 273 City of Denton City Council Minutes June 23, 1992 Page 4 The following resolution was considered: RA92-007 RESOLUTION OF APPRECIATION OF TILLMAN E. ULAND Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Reports A. The Council received a citizen report from Mike Reynolds, Grubbs and Ellis, regarding the City's cooperation in development projects. Mr. Reynolds stated that he had been before the Council on a number of occasions on zoning cases and as a developer. He had stated in the past that the City was anti-growth. Recently he had been involved in the sale of property in Denton and had received excellent cooperation from City staff especially the Planning Department and the Economic Development Department. He thanked the City for all of the help he had received. B. The Council received a citizen report from Joe Dodd regarding proposed amendments to the sexually oriented business ordinance. Mr. Dodd felt that during the year of hearings held on the sexually oriented business ordinance, three findings had been made: (1) explicit depictions of actual sexual activity was legal material in the City of Denton and in the United States, (2) the material should never be available to minors, and (3) the community would be better served if a limited amount of the material were available to the public through general interest stores as opposed to large super stores. He felt that one of the priorities should be that the material should not be available to minors. Perhaps an age limit should b~ included in the ordinance. A larger problem with the ordinance was the wording in terms of definitions. If the Motion Pictures Association rating had been used, a building inspector would be able to look at the outside of a box and count the number of tapes which would be excluded. The current wording was very confusing. The present definition might suit a lawyer but it was of no aid to a store owner or an inspector. Mayor Pro Tem Hopkins stated that she had advocated that the movie ratings be used. She had asked the attorney previously if those rating could be used and questioned if any changes had been made 274 City of Denton City Council Minutes June 23, 1992 Page 5 which would.now allow use of those ratings. Debra Drayovitch, City Attorney, replied that the use of the Motion Picture Board ratings standing had not changed. She would forward the Council the legal option which had previously been rendered in regards to using those ratings. She stated that she would review those ratings and would report back to Council. C. The Council received a citizen report from Fred Connell regarding addition of a proposed drainage project to the capital improvement program. Mr. Connell stated that he was concerned with a drainage ditch at Good Samaritan Village. He was concerned with the danger of the ditch to the residents of the Health Center of Good Samaritan Village who walk in the area, to the older drivers in the area who had to negotiate the ditch through the area and to the children who played in the ditch. He asked the Council to inspect the area to see what the ditch looked like and the condition it was in. The Resident Council of Good Samaritan had taken on the issue and asked that the ditch be taken care of instead of the occasional work which was done on the ditch. Mayor Castleberry asked staff to present a cost analysis and plan for possible inclusion in the CIP. 4. Public Hearings A. The Council held a public hearing and considered approval of the preliminary and final replats of portions of Lots 7 and 8; into Lot 11, Block 7, of the Alex Robertson Addition. The 5,040 square foot lot was located on the north side of Mill Street between Cook and Allen Streets. (The Planning and Zoning Commission recommended approval 5-0 at its June 10 meeting.) Frank Robbins, Executive Director for Planning, stated that this was a one lot replat which was a replat of split lots. Before a building permit could be issued, the plat needed to be plotted. Since the lot existed in its current configuration prior to the adoption of the zoning ordinance, there was no violation of. the area requirements. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. 275 city of Denton City Council Minutes June 23, 1992 Page 6 The Mayor closed the public hearing. Hopkins motioned, Perry seconded to approve the preliminary and final replats. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing on and considered approval of the preliminary and final replat of Lots 1, 2 and 3, block 1, Janke Addition, being a replat of the Dale Brown Addition, Lots 1-7, Block 1, on property located on the east side of Bonnie Brae, approximately 800 feet south of University Drive. (The Planning and Zoning Commission recommended approval 4-0 at their meeting of May 27, 1992.) Frank Robbins, Executive Director for Planning, stated that this was a. residential replat of a prior subdivision planned development. The replat conformed to the minimum requirements for the Subdivision and Land Development Regulations. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Perry motioned, Smith seconded to approve the preliminary and final replats. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council held a public hearing on and considered adoption of an~ordinance approving an amendment to Specific Use Permit No. 200 (Kern Personal Care Center), enlarging the area from 4.82 acres to 4.857 acres. (The Planning and Zoning Commission recommended approval 5-0 at their meeting of May 13, 1992.) Frank Robbins, Executive Director for Planning, stated that this ordinance was to correct the mets and bounds description of the site. The site plan was not changed and this amendment would conform the permit with the proposed plat. The Mayor opened the public hearing. No one spoke in favor. 276 City of Denton City Council Minutes June 23, 1992 Page 7 No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: 92-099 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 92-012 TO CORRECT THE ACREAGE COVERED BY SPECIFIC PERMIT NO. 200; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Hopkins seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Consent Agenda Brock motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 2. 3. 4. 5. 6. 7. Bid #1365 - 300 KVA Padmounted Transformers Bid #1370 - Lease of Scraper Bid #1366 - Wilson Street Sidewalk Improvements Bid ~1374 - Demolition and Clearing #19 Bid #1388 - Cooke County College Construction P.O. #25029 - IBM P.O. #25030 - IBM B. Plats and Replats 6. Ordinances Considered approving a preliminary replat of Lot 1, Block 1, plus approximately .588 acres of unplatted land into Lots 1R and 2R, Block 1, of the Alvin & Charlotte Whaley Addition. (The Planning and Zoning Commission recommended approval 5-0 at their meeting of June 10, 1992.) A. The Council considered adoption of an ordinance acceDting a ~ompetitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1365, 5.A.2. - Bid ~1370) 277 City of Denton City Council Minutes June 23, 1992 Page 8 The following ordinance was considered: No. 92-100 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. Smith motioned, Hopkins seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.3. - Bid #1366, 5.A.4. - Bid ~1374,-5.A.5. - Bid #1388) The following ordinance was considered: No. 92-101 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provision~ of state law exempting such purchases from requirements of competitive bids. (5.A.6. - P.O. ~25059, 5.A.7. - P.O. #25030) The following ordinance was considered: No. 92-102 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 STATELAW EXF~MPTING SUCH P~-RC~L~SES FROM REQUIRF/~ENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. 278 City of Denton City Council Minutes June 23, 1992 Page 9 Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with Corgan Associates Architects for professional consulting services in connection with the Martin Luther King, Jr. Recreation Center and anticipated future litigation. Bruce Hennington, Superintendent of Building Operations, stated that the contract concerned the building at the Martin Luther King, Jr. Recreation Center. There continued to be problems with the building. The contract would determine what was wrong with the building and what could be done to correct the problems. The first phase would take water samples and ground samples to monitor water in the building and under the building to determine where the water was coming from. The second phasewould have the civil engineers look at the plat drawings and determine what would be needed to the grounds outside to repair and fix the building. Phase three would be a report with exact recommendations as to how to fix the problems and the cost of those repairs. Council Member Miller indicated that the total amount of the contract was not listed in the body of the contract. Hennington stated that the contract referred to a letter by Corgan and Associates which indicated that the fee would be $12,900. If it were determined early that there was a water problem and exactly where it was coming from, the cost would not be as great. The following ordinance was considered: No. 92-103 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT HIRING CORGANASSOCIATESARCHITECTS FOR PROFESSIONAL CONSULTINGiSERVICES IN CONNECTION WITH THE MARTIN LUTHER KING, JR. RECREATION CENTER AND ANTICIPATED FUTURE LITIGATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Chew returned to the meeting. 279 City of Denton City Council Minutes June 23, 1992 Page 10 E. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas State Department of Highways and Public Transportation for installation of traffic signal controllers on FM 2181 at its intersection with Interstate Highway 35E, Oak Meadow Drive, and Londonderry Lane in Denton; and authorizing the expenditure of funds therefore. Jerry Clark, City Engineer, stated that this was a contract amendment. The original contract would have paid the City for installing two temporary signals at Teasley Lane. Original payment would have included both of the temporary signals and the City would keep the controllers. The State revised the contract to include additional time for installation of the signals and would reduce the amount paid to the City to 20%. The following ordinance was considered: No. 92-104 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR INSTALLATION OF TRAFFIC SIGNAL CONTROLLERS ON FM 2181 AT ITS INTERSECTION WITH INTERSTATE HIGHWAY 35E, OAK MEADOW DRIVE, AND LONDONDERRY LANE IN DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance providing for one-way traffic from south to north on Malone Street from its intersection with Scripture Street to a point two hundred feet (200') north of said intersection with scripture Street; and providing for a penalty in the maximum amount of $200.00 for violations thereof. Jerry Clark, City Engineer, stated that the ordinance would establish one-way traffic from south to north on Malone Street from its intersection with Scripture to a point two hundred feet north of Scripture. This would make the section of Malone from Scripture to Jagoe one-way northbound and would eliminate the yield signs which would provide better safety for the general area. smith asked about the head-in parking in the area. Individuals 28'0 City of Denton City Council Minutes June 23, 1992 Page 11 wanting to park in those spaces would need to cross traffic. Clark indicated that that was an overflow parking area. The following ordinance was considered: No. 92-105 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE- WAY TRAFFIC FROM SOUTH TO NORTH ON MALONE STREET FROM ITS INTERSECTION WITH SCRIPTURE STREET TO A POINT TWO HUNDRED FEET (200') NORTH OF SAID INTERSECTION WITH SCRIPTURE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Hopkins seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance revising Ordinance 90-150 providing rules of procedure for the city Council of Denton, Texas; amending presentations by citizens and time limits of business for City Council meetings. Catherine Tuck, Administrative Assistant, stated that per Council's direction, staff had revised the City Council's rules and procedures to allow for citizens to voice their concerns on agenda items without one week prior notification. The proposed ordinance provided for a citizen to address the Council for up to three minutes regarding any agenda item during a regular Council meeting. Public hearings would still be five minutes. The ordinance would still provide for notification by 5:00 p.m. on Wednesday prior to the Tuesday meeting in order for a citizen to address the Council for five minutes on any non-agenda item. Council Member Chew questioned paragraph B of the ordinance which required "unanimous consent of the Council for those not filling out a card." He felt that that was too restrictive. Council Member Smith agreed that that provision was not needed. She suggested a revision that the speaker card be given to the City Secretary during the meeting rather than before the meeting. She also felt that it might be too confusing to have same card for public hearing speaking and for agenda speaking. She suggested two differed cards to keep the items separate. Council Member Brock felt that the ordinance made the public 281 City of Denton City Council Minutes June 23, 1992 Page 12 hearing speaking more difficult. Mayor Pro Tem Hopkins agreed that those portions should be amended. She felt that with a public hearing, the individuals should only have to complete a card with their name and not so much information as some one speaking to an agenda item. Tuck indicated that the cards were implemented to make the records more accurate. One card was used as some speakers might not know if their item was a public hearing or an agenda item before the meeting. Debra Drayovitch, City Attorney, stated that the passage of the ordinance would require additional information on the Consent Agenda so that an item could be considered from the audience. Council Member Chew asked again about the speaker who had not completed a card. He wording be removed. language regarding a suggested that that City Attorney Drayovitch stated that that language was taken from the Council's current rules of procedures. Mayor Pro Tem Hopkins suggested that the first part of paragraph B be changed to reflect the wording that the card could be presented before the item began. city Attorney Drayovitch suggested that the changes be made and the ordinance considered at the next meeting. Smith motioned, Chew seconded to postpone the ordinance until the next meeting for consideration to be placed on the work session as well as the regular session for consideration. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance authorizing thelCity Manager to execute a contract between the City of Denton and C.H. Guernsey relating consulting services for the 1992 electric utility rate study. Bob Nelson, Executive Director for Utilities, stated that the outside consulting firm would perform a study to assure that the utility rates met all state of the art rate making principles and that such principles were compatible with neighboring utility systems. R~quests for proposals were sent out with five response~ received. It was recommended that the firm of C. H. Guernsey be awarded the contract. 282 City of Denton City Council Minutes June 23, 1992 Page 13 The following ordinance was considered: No. 92-106 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND C. H. GUERNSEY & COMPANY, RELATING TO CONSULTING SERVICES FOR THE DESIGN OF ELECTRIC RATES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to submit an amendment to the 1990 Final Statement of Community Development Objectives and Projected Use of Funds submitted to the Department of Housing and Urban Development. Barbara Ross, Community Development Coordinator, presented information on the first two resolutions. The first resolution would reallocate $25,000 to be used in conjunction with an elderly housing program grant application. Council Member smith asked if the building would be sprinkled. Ross replied yes. City Manager Harrell indicated that overtures had been made to the Denton County Housing Development Corporation to provide funding to help with the :project. Formal action had not been taken but informal discussions indicated that it would be forthcoming. The following ~esolution was considered: No. R92-028 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE 1990 FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 22, 1990 TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIAT~ C~RTIPICATION~, AS AUTHORIZED AND REQUIRED BY THE HOUSINGAND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. 283 City of Denton city Council Minutes June 23, 1992 Page 14 smith motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the city Manager to execute all necessary documents to provide that $25,000 in 1990 Community Development Block Grant funds be designated to be used in conjunction with a Section 202 Elderly Housing Program Grant application by the National Development Council. The following resolution was considered: No. R92-029 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO PROVIDE THAT $25,000 IN 1990 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BE DESIGNATED TO BE USED IN CONJUNCTION WITH A SECTION 202 ELDERLY HOUSING PROGRAM GRANT APPLICATION BY THE NATIONAL DEVELOPMENT COUNCIL; ~ND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution complying with the order for information by Region 6 of the United States Environmental Protection Agency, as contained in Docket No. VI-91- 2641. Bob Nelson, Executive Director for Utilities, stated that the EPA had developed a program known as the Municipal Water Pollution Prevention Program to assure that municipal wastewater facilities provided sufficient resources for compliance maintenance prior to becoming non-compliant. Jim Coulter, Environmental Services Administrator, stated that this was a pilot program whichdivided the wastewater treatment program into 9 areas of evaluation. The audit process generated points that were based on the facility's answer to the questions. The EPA required the submission of a resolution from the City Council concerning the acknowledgement of the information provided in the environmental audi% and actionm that the Council had taken to ensure permit compliance. 284 City of Denton City Council Minutes June 23, 1992 Page 15 Hopkins questioned the substitute resolution which indicated a change in the rate increase wording. Nelson indicated that the Public Utilities Board had requested the change in wording in order to accurately reflect the rate. The new wording stated that rates would be charged appropriately. The following resolution was considered: No. R92-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, COMPLYING WITH THE ORDER FOR INFORMATION BY REGION 6 OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AS CONTAINED IN DOCKET NO. VI-91-2641; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution designating certain officials as being responsible for, acting for, and on behalf of the City of Denton in dealing with the Texas Parks & Wildlife Department, for the purpose of participating in certain grant programs for 200 acres of park land located at Teasley and Hobson. (The Parks and Recreation Advisory Board recommended approval.) The following resolution was considered: No. R92-031 A RESOLUTION OF THE CITY OF DENTON, TEXAS DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY OF DENTON IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, FOR THE PURPOSE OF PARTICIPATING IN CERTAIN GRANT PROGRAMS; CERTIFYING THAT THE CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAMS, AND DEDICATING THE PROPOSED SITE FOR OUTDOOR RECREATION USES. Mayor Pro Tem Hopkins motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Miscellaneous matters from the City Manager. 285 City of Denton City Council Minutes June 23, 1992 Page 16 City Manager Harrell indicated that he did not have any items for consideration but would like to return to the work session items which were not considered earlier. 3. Presentation and discussion of the Capital Improvement Program. (Recommended by the Planning and Zoning Commission and the Public Utilities Board.) John McGrane, Executive Director for Finance, stated that this was a five year plan' with five annual plans. One section was the utility section and one section was a general government section. Items were reviewed by staff, the executive staff, a number of public hearings were held and then the Planning and Zoning Commission considered the items. McGrane stated that Council Member Miller had asked about the assumptions which went into the CIP. He listed the assumptions which included the CIP would be financed by long term debt, level of debt service, 1/3-2/3 tax rate split, slight or no value growth, voter approval of non-approved projects. Mayor Pro Tem Hopkins stated that the last bond package had promised no tax increases. Were these recommendations also based on no tax increase or would bonds have to be sold. McGrane replied that to the question if there would be any anticipated tax increase with the program as presented, the amount of debt would tried to be held at the same level which would keep the tax level the same. The 1986 issue was based on a five year plan that anticipated a growth in the ad valorem tax base and anticipated a certain interest rate. It also anticipated arbitrage earnings because at that point in time, the federal government had not passed the 1986 tax law which no longer allowed the City to use those interest funds. City Manager Harrell indicated that when the Council felt it was the appropriate time to approach the voters with a new five year capital improvement program, it would be a major policy issue which the Council would have to debate. Council Member Brock stated that before the public hearings at the Planning and Zoning Commission, there were additional opportunities for citizen input. McGrane indicated that letters were sent out in the first round asking for input on proposed projects. 286 City of Denton City Council Minutes June 23, 1992 Page 17 McGrane continued with the criteria for placement of CIP projects. The first round included staff priority; the second round included executive committee rankings based on the ranking factors of public safety, health, life (25%), legal requirements, liability (22.5%), quality of current service (20%) and economic growth and development (17.5%). The third round included staff recommendations and public hearing input at the Planning and Zoning Commission and the fourth round was recommendations to the City Council. Kathy DuBose, Treasurer, presented the general government projects. The proposed projects for 1992-93 included a Wilson-Morse-Alexander area drainage project, a 1000 foot runway extension-south for the Airport, park development in the south part of the City, park acquisition in the northeast part of the City and a law enforcement center/complex. City Manager Harrell indicated that when the Council looked at the 1992-93 proposed budget, it would be in two parts. One part would be the operating budget and the second part would be the first year of the CIP program. When the Council approved the 1992-93 budget, it would be approving the operating budget and approving the first year of the CIP program. DuBose continued with the 1993-94 proposed projects which included Lillian Miller sidewalks, Willowwood bikeway/sidewalks, intersection control signals, turn lanes for arterials, pedestrian signals, University Drive I35 to Elm right-of-way purchase, Payne Drive paving and sidewalk, landscape Teasley Lane I35 to Miller, library computerized system, pool renovation and fire/police computer. City Manager Harrell indicated that the pool authorization had been prepared prior to the decisions by Council at the Planning Seminar. The decisions made by Council at the Planning Session would be substituted for the current proposal. DuBose stated l that the 1994-95 projects included street reconstruction, library phase I, park development in the northeast and a new roof on 5 general fund buildings. The proposed projects for 1995-96 were Fort Worth Drive paving and drainage (Phase I), arterial turn lanes, sidewalks/bikeways, Avenue B paving, traffic signals, arterial turn lanes, street construction, Westway paving and drainage, Fort Worth Drive paving and drainage (Phase II), Collin Street paving and drainage (Phase I), city park water facility study, landscape Loop 288 and Landscape Fort Worth Drive - I. Proposed projects for 1996-97 included miscellaneous street construction/reconstruction, intersection control signals, sidewalk 287 City of Denton City Council Minutes June 23, 1992 Page 18 construction, turn lanes for arterials, Mingo Road shoulder, Cooper Creek Channel-Phase I, Avenue G, landscape Fort Worth Drive-Phase I, pool expansion and replacement of snorkel. Council Member Smith asked for the total package costs. DuBose replied the total was approximately $10 million. Bob Nelson, Executive Director for Utilities, presented the utilities CIP. The utilities CIP projects were developed around the needs of the City. Major projects for electric utilities included an addition to the power production plant in about 1995- 96; gas pipeline for next year, and a central dispatch and building. Water utilities major projects included new water plant/transmission lines, booster station at Hartlee Field, distribution system improvements and an elevated storage tank. Wastewater major projects included major renovation of the plant and collection system upgrades. Community Services major projects included mobile equipment and drainage projects. Harrell indicated that there was a difference between utility bonds and general government bonds. Utility bonds were revenue bonds which were supported by the rates and were issued by the Council. General obligation bonds funded general government and required voter approval. Nelson indicated the types of bonds which would be needed and the amounts which were included in the handout he presented to Council. It was predicted that the rates would increase approximately 3% in 1994, a 4-5% increase in 1995 and a 6% increase in 1996 and 1997. Water increases would be approximately 6%. Wastewater increases were estimated at 10% for the current year and approximately 7% in future years. 4. The Council received a report and held a discussion regarding the city's new automated attendant phone service. Catherine Tuck, Administrative Assistant, stated that as part of the new phone system, a pre-recorded message system could be installed. The system would involve calling a basic number and receiving a number of menus to choose from. A two phase approach would be used. The first phase set of numbers would include four numbers - library main information number, personnel job line, municipal court system, and parks information. The departments were working on the reoordings and would be available for the July switchover. The second phase would begin a month later which would implement all of the other lines. Public information would be 288 City of Denton City Council Minutes June 23, 1992 Page 19 provided such as notices in the newspaper prior to the implementation of the phases. Utility billing inserts would explain the system as would the citizen newsletter. The system would be monitored for information such as the number of calls, the time of the calls, which information was accessed more frequently. Council Member Perry asked if everyone could access the system. Tuck indicated that if an individual did not have a touch tone phone, the call would automatically be transferred to an attendant. 9. Official Action on Executive Session Items: There was no official action taken on Executive Session items discussed during the Work Session Executive Session. 10. New Business The following item of New Business was suggested by a Council Member for a future agenda: A. Council Member Brock suggested a work session discussion on the sexually oriented business ordinance. B. Mayor Castleberry indicated that the contracts with Moore building working well. It was now time to make a decision as to the names of the various buildings. He asked Council Member Smith and Mayor Pro Tem Hopkins work with City Manager and he on names for the buildings. 11. The Council convened into the Executive Session to discuss legal matters (considered settlement offer in R. C. Small & Associates, Inc. v. City of Denton, Texas, considered settlement offer in Winterrowd vs. Casteel, et al, considered authorization for settlement of David Amberson and LindaAmberson v. Todd Kidwel] and City of Denton, Texas), real estate, and personnel/board appointments (considered appointments to all City of Denton Boards and Commissions. and discussed personnel matters and duties of the City Manager, the City Attorney and the Municipal Judge as related to the operation of the Municipal Court.) No official action was taken. With no further business, the meeting was adjourned. 289 City of Denton City Council Minutes June 23, 1992 Page 20 ~NN I F~R WALTERS TY ECRETARY ~TTy~o~ DENTON, TEXAS CITY OF DENTON, TTS ~ ACC00098