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Minutes September 15, 19921 CITY OF DENTON CITY COUNCIL MINUTES SEPTEMBER 15, 1992 The Council convened into the Work Session at 5:15 p.m. Civil Defense Room. in the PRESENT: ABSENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brock, Perry, Smith and Miller. Council Member Chew 1. The Council convened into the Executive Session to discuss legal matters (considered intervention in Dallas County Park Cities MuniciPal Utility District v. City of Dallas and City of Grapevine), real estate, and personnel/board appointments (considered appointments to the Downtown Advisory Board, the Electrical Code Board, and the Animal Shelter Advisory Committee). Council Member Chew joined the meeting during the Executive Session. 2. The Council received a report and held a discussion regarding the Ray Roberts Greenbelt and gave staff direction. Howard Martin, Director of Environmental Operations/Financial Administration, stated that staff was requesting Council input regarding the greenbelt project and consensus to continue with the project. The City was contractually obligated to provide recreational facilities for the Ray Roberts water supply project. These obligations required recreational facility development at Lewisville because of the pool raise authorized by the Ray Roberts project. The Greenbelt Corridor was an alternative to additional recreation facility development at Lewisville. If approved by Council, a letter of intent would be sent to the Army Corps of Engineers which would initiate the necessary contract negotiations required for the Greenbelt Corridor development. Mayor Pro Tem Hopkins asked if these were the.funds promised in the development of the lake to fund for Ray Roberts and if not used for this purpose, the funds would go to Lewisville Park. Martin replied that the City had additional conventional facility development requirements on Lewis¥ille. The greenbelt was an alternative to additional conventional facility development at Lake Lewisville. Funding for the Greenbelt project was initially established at 25% Texas Park and Wildlife, 37.5% Federal Government, 27.5% City of Dallas and 9.75% City of Denton. In October 1992, the Texas Park and Wildlife Department notified the cities of Denton and Dallas that they would no longer participate in their share of the up-front capital cost of the project. That left the sponsors with the responsibility of all of the non-federal ~h~re of the money. Th~ three major i~u~ affecting the Greenbelt Corridor project were (1) the cost sharing arrangement for the project was established by the Water Resource Development Act of City of Denton City Council Minutes September 15, 1992 Page 2 1990 at the 62.5% non-federal share and 37.5% federal share, (2) the issues with the Texas Park and Wildlife Department would not finance the capital or the operation and maintenance of the Greenbelt Corridor project, and (3) the Office of Management and Budgets indicated that the federal government would not provide up- front funding. The City of Dallas had already committed to the project but Denton had not as it was trying to influence legislation which would reverse the cost share from 62.5%/37.5% to a 50%/50% cost share. Legislation had been introduced and the bill was out of committee but not yet approved by the Legislature. Another issue was the up-front funding. Martin had received some verbal confirmation from the Army Corps of Engineers indicating that they agreed with the City's position that the greenbelt was a modification to an existing recreational contract and should follow the funding mechanism of all the other recreational facilities which the Federal Government had required of the sponsors. The Army Corps of Engineers felt that they had a very strong case to convince the Office of Management and Budget to follow that same funding mechanism. The City had received verbal indication that the Corps would support that position to the Office of Management and Budget. They indicated that they would not support the cost share position. If the Corps would support the up-front funding issue, two of the three issues were dealt with. The third issue had nothing to do with the Corps. The Texas Park and Wildlife Department agreed to operate and maintain the greenbelt at the City's expense. Council Member Perry asked if with operation and maintenance the City would be allowed to use revenue from other sources and use it in the greenbelt. Martin replied that the City had received verbal approval for that. Rick Svehla, Deputy City Manager, stated that if the City had to go to Lewisville, it would have to spend some up-front money. By the time the City finished the operation and maintenance costs'over the length of the life of the project, more money would have been spent than the up-front money on the greenbelt. Martin ~ta~d that o~iginally DentQn'~ ~hure under the cost share percentages was approximately $890,000 of up-front costs. When the State backed out, that left $2.3 million to split between Dallas and Denton. That upped Denton,s share to $1.4 million. It was felt that the legislation which had been introduced would revert back to a 50%-50% cost share and make City's cost $1.2 million. Council Member Miller asked for the time frame for conitment. ] 3 City of Denton City Council Minutes September'15, 1992 Page 3 Martin replied that the Corps would have liked a commitment in February of 1992. Council Member.Miller asked which fund the capital investment came from. Martin replied that it would come from utility funds, specifically water. Council Member Miller asked what Dallas had done relative to this issue. Martin replied that Dallas was already committed to 74% of the project. Mayor Pro Tem Hopkins indicated that the City would be acquiring property rights when the project was started. The citizens along creek were promised that the City would not take their property. She expressed concern over taking property in the area. Martin replied that there would be a narrow band of property to acquire and in some places would only be 500' wide. The property which the City would buy was a very small amount and would contain facilities such as trails and camping. Some areas would be a buffer zone which only restricted building structures and was an ecological easement. Mayor Pro Tem Hopkins asked for the size of the buffer zone. Homes would not be disturbed for camp grounds or similar facilities. Martin replied no that in some cases the zone would be only 500 feet wide. Consensus of the Council was to proceed with the plan and send a letter of intent to Army Corps of Engineers to participate in the project. 3. The Council received a report and held a discussion regarding a petition to release the Bridges-Hemphill Escrow Agreement for perimeter paving and gave staff direction. Jerry Clark, City Engineer, indicated that a request had been made to be released from a perimeter paving escrow account prior to the time that it was originally agreed to be released. The 220 feet of frontage was required to be perimeter paved and could have been done either when the d~v~lopm~nt wa~ done ~ could have been postponed if a CIP program had been planned. At that time Masch Branch Road was in the CIP. Five years ago when the property was City of Denton City Council Minutes September 15, 1992 Page 4 platted, the participants were required to sign an escrow agreement for $10,000. They agreed what when the road was completed, they would participate in their share of the cost. The participants were now requesting to be released from the escrow account. Since the time that the escrow was originally signed, the ordinance had been revised to indicate a five year time frame as opposed to a ten year time frame. Staff felt that it was a Council decision on whether or not to release the escrow agreement. Masch Branch Road had been in the CIP but had since been removed and was not in any planned improvements for the next five years. It did not appear that Masch Branch Road would be improved without a special assessment. Current ordinance requirements indicated that if after five years the City did not do the perimeter paving and used the escrow money, the money should be released. The prior ordinance had a ten year time period. Staff did not know if Council wished to refer the matter to the Planning and Zoning Commission and then back to Council or to handle the matter on the Council level. Council Member Chew asked if the escrow agreement had been done under the old ordinance which required a 10 year limit. Clark replied correct. Mayor Pro Tem Hopkins indicated that the City did not have the project in any five year plans. Deputy City Manager Svehla stated that unless City came into a lot of money in the next years, Masch Branch Road would not be done. Mayor Pro Tem Hopkins felt that the escrow should be released. Council Member Smith agreed. Council Member Chew agreed but questioned if it should go through proper channels and first go to the Planning and Zoning Commission. Deputy City Manger Svehla stated that an ordinance voiding the contract would be the quickest way to proceed. Consensus of the Council was %o proceed with an ordinance to release the escrow agreement. The Council convened into the regular session at 7:00 p.m. in the Council Chambers. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of City of Denton City Council Minutes September 15, 1992 Page 5 5 The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Session of August 4, 1992, the Work Session of August 11, 1992, the Regular Session of August 18, 1992, and the Work Session of August 25, 1992. Miller motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Reports A. The Council received a citizen report from Mrs. Cecil Baugus regarding a Neptune Street Neighborhood Thank-you. Mrs. Baugus stated that she would like to say thank-you to the Council and staff for all the work done with the neighbors and the Texas Department of Transportation regarding construction on the new Loop 288. The neighborhood had found out that Loop 288 would be close to their homes without warning. After many meetings and much paperwork, they had received their end results. A sound wall would be built for noise and traffic safety. She read a letter, which was added to the agenda back-up materials, from the Neptune Street residents thanking all for their help to resolve their problems. 4. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance approving an amendment to Planned Development No. 65 and adopt a new Detailed Plan, changing the primary land use designation within the existing subdivision from duplex/zero-lot- line to single-family residential. The 15.27 acre site was located south and east of Sam Houston School, approximately 100 feet west of F.M. 2181. (The Planning and Zoning Commission recommended approval.) Z92-021 Rick Svehla, Deputy City Manager, stated that staff briefing would include Items 4A and 4B. Frank Robbins, Executive Director for Planning, stated that the site would remain a planned development district. The change within that plannQd dQv~lopm~nt di~t~i~ w~uld b~ ~ ~han~e a number of duplex and zero-lot line lots to single-family detached residential houses. The density and intensity were being greatly City of Denton City Council Minutes September 15, 1992 Page 6 reduced. This was a mixed-use development and some of the lots would not be changed. The Planning staff and the Planning and Zoning Commission had waived showing the detailed foot prints of the houses which was the normal procedure. The envelope of those buildings were laid out as shown by different setbacks from the front and rear sides. The plat would create the lots for the uses requested. The Planning and Zoning Commission recommended approval of the plan and the plat to Council. The Mayor opened the public hearing. Harry Phillips, one of the petitioners, spoke in favor of the proposal. He stated that the property was originally designed as duplexes. It was decided that this type of home would not work in Denton as the market seemed to lean toward single family homes. He was comfortable that this project would be completed and asked Council for approval. Edmond Bri, petitioner, stated that the replatting would enhance the property and would cut the density in half. He asked for Council approval. William Sims had completed a card to address the Council but decided not to speak. No one spoke in opposition. The Mayor closed the public hearing. Council Member Perry asked to have the recreational area described. Robbins indicated on a location map the area which would be developed as a recreational area. The following ordinance was considered: No. 92-150 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE ADPROVAL OF AN AMENDED DETAILED PLAN FOR 15.271 ACRES OF THE 16.6 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 87-054 (PD-65); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 7 City of Denton City Council Minutes September 15, 1992 Page 7 Brock 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. B. The Council held a public hearing to consider approval of the preliminary and final replats into Lots 2-7, 12-27, and 30-36, Block 1, plus Lots 38-42, 45, 47, 48, 50 and 51, Block 2, of the Bent Oaks Addition. The 12.4 acre site was south and east of Sam Houston School, approximately 100 feet west of F. M. 2181. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Hopkins motioned, Smith seconded to approve the preliminary and final replats. 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 held a public hearing to consider approval of the final replat of Lot 3, Block A, Canyon Bluff Addition into Lots 3A, 3B, 3C, and 3D, Block A. The 14.249 acre site was in Denton's extraterritorial jurisdiction, fronting on Orchid Hill Lane. (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning, stated this was the final plat which Council had approved the preliminary plat on August 18, 1992. The Council had also granted a variance to the internal sidewalks. With that variance, the Planning and Zoning Commission found that all the other elements of Chapter 34 had been met and recommended the plat for Council approval. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. 8 City of Denton City Council Minutes September 15, 1992 Page 8 Smith motioned, Hopkins seconded to approve the final replat. 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 held a public hearing to consider approval of variances to Sections 37-7 (c) and 34-114 (llb) of the Subdivision Regulations. The site was at the terminus of Chiquita Lane, approximately 1000 feet east of Carmel Road. (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning, stated that there were two variances for Council to consider. He requested that Council vote separately on each. The first variance was a procedural variance which pertained to the requirement to submit a variance application concurrent with a preliminary plat of the same property. There was a request for a variance to that procedure. The second variance concerned the construction of an 80 foot cul- de-sac at the end of Chiquita. In regards to the first variance, the Planning and Zoning Commission found that all three elements of the variances had been met. The three variances and responses by the Commission were: (1) granting this request would not violate any master plans as defined by Chapter 34 of the Subdivision and Land Regulations. The Commission found that no master plan was violated; (2) the special or peculiar conditions upon which the request was based related to the topography, shape or other unique physical feature of the property. The Commission found that the uniqueness of the request was the divided ownership of the land and the fact that a plat of the land would vary depending on the granting of a variance to Chapter 34 l14(llb) pertaining to the construction of a cul-de-sac; (3) the special or peculiar conditions upon which the request was based did not result from or was not created by the owner's or any prior owners' action or omission. Neither Dr. and Mrs. Kernek, nor a prior owner of the land, created the need for this request. The Planning and Zoning Commission found that Council should grant the procedure variance. In regard to the second variance, the Commission felt that no master plans would be violated and that the need for the request was not created by the applicant. The Commission also felt. that the l~ation of ~everal large trees and the large lot residential character of the land created the uniqueness to the land. The Planning and Zoning Commission recommended to approve the variance with one condition which was to extend Chiquita 30 ~eet or provide 30 feet of frontage to be made to the existing lot The Mayor ~pened the public hearing. City of Denton City Council Minutes September 15, 1992 Page 9 William Kernek was a resident of Chiquita. He was proposing to build a home on a portion of the property he currently owned. He was willing to extend Chiquita as far as necessary but was concerned with the trees which might have to be cut down. The cul- de-sac might be temporary as the other plans of the other land owners were not known. The owner of the adjoining property had agreed to sell part of his lot in order to complete the project. No one spoke in opposition. The Mayor closed the public hearing. Mayor Pro Tem Hopkins stated that she did not have a question regarding the variances. She wanted to address a statement in the Planning and Zoning Commission minutes which was made by David Salmon. Mr. Salmon had responded to a question regarding access to the property at the north other than by cul-de-sac. He had responded that the property owner lived in the Southmont Subdivision and his lot abutted the property. Hopkins indicated that Mr. Grant had just completed his home in Southmont and lived at the end of Destin. Staff had suggested that he could have access to his property through that and that this was not important. Destin could not be extended and that was not a public street which would be extended into Mr. Grant's property. She cautioned that when Mr. Grant sold the property that he maintained the right of ingress and egress and an easement on the property. Council voted on the procedural variance. Miller motioned, Chew seconded to approve the procedural variance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council voted on the variance associated with the cul-de-sac requirement. Miller motioned, Chew seconded to approve the variance with the condition outlined by the Planning and Zoning Commission. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10 City of Denton City Council Minutes September 15, 1992 Page 10 5. Consent Agenda Smith motioned, Hopkins seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 4. 5. 6. 7. 6. Ordinances Bid #1414 - Janitorial Service Bid #1403 - Cast-In-Place-Concrete Platform and Chain Link Fence Bid #1412 - Payne & Peak Street Water and Sewer Bid #1420 - Distribution Transformers PO #26070 - North Texas Cement PO #26724 - Temple PO #26073 - American Management System A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1414) The following ordinance was considered: No.92-151 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, 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. B. The council considered adoption of an ordinance accepting oomp~titive bid~ and providing for the award of contracts for public works or improvements. (5.A.2. - Bid #1403, 5.A.3. - Bid #1412, 5.A.4.- Bid #1420) The following ordinance was considered: 11 City of Denton City Council Minutes September 15, 1992 Page 11 NO. 92-152 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. Brock motioned, Smith 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. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A.5. - PO #26070, 5.A.6. - PO #26724) The following ordinance was considered: NO. 92-153 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; 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", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. 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 provisions of state law exempting such purchases from requirements of competitive bids. (5.A.7. - PO #26073) The following ordinance was considered: 12 City of Denton City Council Minutes September 15, 1992 Page 12 NO. 92-154 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 EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. Smith 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. E. The Council considered adoption of an ordinance adopting the budget for the City of Denton, Texas, for the fiscal year beginning on October 1, 1992, and ending on September 30, 1993. Mayor Pro Tem Hopkins motioned to reconsider the vote taken at the work session last Tuesday, September 8 that denied a pay raise to the police and fire departments men and women who were at the top of their pay range and steps. Council Member Miller seconded her motion. She read a statement regarding her motion which was filed in the agenda back-up materials following the meeting. Mayor Castleberry stated that six speaker cards had been received but the individuals did not wish to address the Council. Comments on the cards indicated that the individuals were opposed to the proposed budget which did not allow for a pay increase for police and fire employees at the top of their salary range. Council Member Perry stated that he saw an inequity in the proposed budget as he saw a reduction in pay due to the increase in health benefits and he did not want to see that happen. He would support Mayor Pro Tem Hopkins' motion. Council Member Smith stated that she had previously voted to not grant the increase. She understood the needs of the upper ranks and that they needed an increase. The problem she believed was that personnel matters for ranks and pay steps should come through the usual channels where they hud been studied and worked on. She wished this had been done through the usual orderly fashion with study and figures. She believed Council was one of policy making and not to set ranks and steps. She questioned the procedure of how the increase was being proposed. Council Member Miller felt that this was a diffioult procedure. The Council was not going over management's authority but rather the process was one related to the budget process. Management had City of Denton City Council Minutes September 15, 1992 Page 13 13 recommended no increases due to the present financial conditions. Much information had been received during the budget process. Because this was associated with the budget process he could agree with the process. Policy was the work of the management staff but budget was a part of the Council's work. On roll vote of the motion to reconsider, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The following ordinance ~was considered: NO. 92-155 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER l, 1992, AND ENDING ON SEPTEMBER 30, 1993; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance adopting the budget as presented reflecting a change adding $30,573 to the fire and police budgets and reflecting the appropriate withdrawal from the reserve balance. John McGrane, Executive Director for Finance, suggested wording the motion to amend Section II - General Fund appropriation to read $28,321,592 which would reflect the change and to amend the Annual Program of Services. Hopkins revised her motion to reflect McGrane's suggestion as did Chew for his second. Council Member Miller stated that there were still employees in the Civil Service ranks who were on a two year schedule and who were not covered. To provide an increase for those employees would have changed the whole Civil Service structure. Those individuals would receive an increase at a later date. 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 levying the ad valorem tax of the City of Denton, Texas, for the year 1992, on all taxable property within the corporate limits of the City on January 1, 1992, not exempt by law; providing revenues for payment of current municipal ~p~n~, and for int~r~t and ~inkin~ fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; 14 City of Denton City Council Minutes September'15, 1992 Page 14 and providing for a severability clause. John McGrane, Executive Director for Finance, stated that the ordinance had been revised to remove the section for an elderly exemption increase. Section V would need to be eliminated. The following ordinance was considered: NO. 92-156 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 1992, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1992, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance with the change as indicated. 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 repealing Ordinance No. 78-043 which provided for the repeal of the 1% City sales tax on residential gas and electric services; and reimposing previously adopted tax on residential use of gas and electricity. John McGrane stated that in order to balance the 1992-93 budget, the exemption of sales tax on residential gas and electric use would need to be repealed and that revenue would then go into the General Fund. The following ordinance was considered: NO. 92-157 AN ORDINANCE OP THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE. NO. 78-43 WHICH PROVIDED FOR THE REPEAL OF THE ONE (1%) PERCENT CITY SALES TAX ON RESIDENTIAL GAS AND ELECTRIC SERVICES; REIMPOSING PREVIOUSLY ADOPTED TAX ON RESIDENTIAL USE OF GAS AND ELECTRICITY; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes September 15, 1992 Page 15 15 Hopkins 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. H. The Council considered adoption of an ordinance approving guidelines for operation of the City of Denton Housing Rehabilitation Program and eligibility criteria, and authorizing expenditures in excess of $10,000 for projects meeting guidelines and criteria. Barbara Ross, Community Development Coordinator, stated that the next two ordinances would allow the City to continue administering the housing and rental rehabilitation program in the same way they had always been run. Council approval was needed for projects in excess of $10,000. This ordinance would allow the projects to proceed without Council approval for each and every project. Council Member Perry asked if there was an upper dollar limit on the projects. Ross replied that the maximum limit was $15,000 for housing rehabilitation and $8500 for rental rehabilitation. Council Member Perry asked who set those limits. Ross replied that HUD set the limits for rental rehabilitation and the City set the limits for the housing rehabilitation. The following ordinance was considered: NO. 92-158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOUSING REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA, AUTHORIZING EXPENDITURES IN EXCESS OF $10,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FORAN EFFECTIVE DATE. Perry motioned, Smith 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. I. ThQ Council ~on~id~rQd adoption of an ordinan~ approving the guidelines for the Rental Rehabilitation Program and eligibility criteria, and authorizing expenditures in excess of 16 City of Denton City Council Minutes September 15, 1992 Page 16 $10,000 for projects meeting program guidelines and criteria. The following ordinance was considered: NO. 92-159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING THE EXPENDITURE IN EXCESS OF $10,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; 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", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance accepting the proposal of Arkwright Mutual Insurance Company for property/casualty, boiler/machinery, commercial crime and vehicle collision insurance coverage; and authorizing the expenditure of funds therefor. (Bid #1404) Max Blackburn, Rick Manager, stated that Arkwright provided the current coverage and had provided excellent service. The cost of the insurance had decreased from the previous year. The following ordinance was considered: NO. 92-160 AN ORDINANCE ACCEPTING THE PROPOSAL OF ARKWRIGHT INSURANCE COMPANY FOR PROPERTY/CASUALTY, BOILER/MACHINERY, COMMERCIAL CRIME AND VEHICLE COLLISION INSURANCE COVERAGE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew tlay~tl, P~y Itaye", and Mayor Ca~l~berry "aye". Motion carried unanimously. K. The Council considered adoption of an ordinance amending the 1991-92 budget of the City of Denton, Texas by appropriating the sum of $92,949.00 from the unappropriated balance of the General Fund to various account funds; and approving budget adjustments for fiscal year 1991-92. 17 City of Denton City Council Minutes September'15, 1992 Page 17 The following ordinance was considered: NO. 92-161 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE 1992-92 BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUM OF NINETY-TWO THOUSAND NINE HUNDRED FORTY-NINE DOLLARS ($92,949.00) FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO VARIOUS ACCOUNT FUNDS; APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1992-92; AND DECLARING AND 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. L. The .Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton, Texas and Denton County Electric Cooperative, Inc., an electric cooperative corporation organized under Article 1528b, Revised Civil Statutes of Texas for the joint use of wood poles near Lake Ray Roberts, Texas. (The Public Utilities Board recommended approval.) Howard Martin, Director of Environmental Operations/Financial Administration, requested approval of an agreement for joint use of poles owned by Denton County Electric Cooperative for the transmission of power from the Ray Roberts Hydroelectric unit. In order to get power from the Ray Roberts hydroelectric unit back into the Denton grid system it was necessary to construct electric feed through the Denton County Electric Cooperative territory and as a result, the Cooperative redesigned and reconstructed a double circuit for the City. The following ordinance was considered: NO. 92-162 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ELECTRIC COOPERATIVE, INC., AN ELECTRIC COOPERATIVE ORGANIZED UNDER ARTICLE 1528b, REVISED CIVIL STATUTES OF TEXAS FOR THE JOINT USE OF WOOD POLES NEAR LAKE RAY ROBERTS, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. 18 City of Denton City Council Minutes September 15, 1992 Page 18 Hopkins motioned, Miller 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. M. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Baker-Shiflett/Emcon, Inc. relating to professional engineering services for soils and concrete testing laboratory services of the Pecan Creek Wastewater Treatment Plant; and authorizing the expenditure of funds therefore. (The Public Utilities Board recommended approval.) Howard Martin, Director of Environmental Operations/Financial Administration, requested approval for this contract with Baker- Shiflett in the amount not to exceed $51,100 relating to soils and concrete testing and laboratory services for the wastewater treatment plant expansion. The contract included $15,000 of retesting which would be reimbursed to the City. The following ordinance was considered: NO. 92-163 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND BAKER-SHIFLETT/EMCON, INC. RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR SOILS AND CONCRETE TESTING LABORATORY SERVICES OF THE PECAN CREEK WASTEWATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Smith 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. N. The Council considered adoption of an ordinance prohibiting the parking of vehicles on both sides of Withers Street, from its intersection with Bell Avenue to its intersection with Mingo Road; providing a ~ev~rability clause; and providing a penalty not to exceed two hundred dollars. (The Citizens Traffic Safety Support Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that due to recent construction on Withers and increased traffic, neighbors and staff determined ~hat Wi~hers as too narrow for parking. The matter was taken to the Citizens Traffic Safety Support Commission and all of the property owners along the street had been contacted. No one City of Denton City Council Minutes September 15, 1992 Page 19 19 indicated a problem with the ordinance. The following ordinance was considered: NO. 92-164 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF WITHERS STREET, FROM ITS INTERSECTION WITH BELL AVENUE TO ITS INTERSECTION WITH MINGO ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Smith 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 approving the 1992-93 fiscal year budget of the Denton County Emergency Communication District, pursuant to Article 1432e V.A.T.S. John McGrane, Executive Director for Finance, stated that State law required the DENCO Area 9-1-1 District to submit to the County and all the jurisdictions within the County their budget for approval by a majority of those jurisdictions. He understood that the District had already received a majority approval. The following resolution was considered: NO. R92-047 A RESOLUTION APPROVING THE 1992-93 FISCAL YEAR BUDGET OF THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT, PURSUANT TO ARTICLE 1432e V.A.T.S.; AND PROVIDING AN EFFECTIVE DATE. Brock 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. B. The Council considered approval of a resolution authorizing the City Manager to sign and submit an application to the Texas Department of Housing and Community Affai~ an application for "HOME" program funding with appropriate certifications, as authorized and required bythe Cranston-Gonzalez 20 City of Denton City Council Minutes September 15, 1992 Page 20 National Affordable Housing Act. Barbara Ross, Community Development Coordinator, stated that the resolution would complete the application for home funding which would request $1 million which would help approximately 80 structures in the City. The limits would be between $25,000- $33,000 and would allow more extensive reconstruction than before. The following resolution was considered: NO. R92-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ANAPPLICATION FOR "HOME" PROGRAM FUNDING WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT; AND PROVIDING AN EFFECTIVE DATE. Perry 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. C. The Council considered approval of a resolution supporting the application of the Denton Housing Authority to the Texas Department of Housing and Community Affairs for HOME Program funding in order to rehabilitate the Crawford Building located at 306 S. Locust and provide rental subsidies for low income elderly tenants. The following resolution was considered: NO. R92-049 A RESOLUTION BY THE CITY OF DENTON, TEXAS, SUPPORTING THE APPLICATION OF THE DENTON HOUSING AUTHORITY TO THE TEXAS DEPARTMENT. OF HOUSING AND COMMUNITY AFFAIRS FOR HOME PROGRAM FUNDING IN ORDER TO REHABILITATE THE CRAWFORD BUILDING LOCATED AT 306 ~. LOCUST AND PROVIDE RENTAL SUBSIDIES FOR LOW INCOME ELDERLY TENANTS; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Hopkins 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. 21 City of Denton City Council Minutes September 15, 1992 Page 21 D. The Council considered approval of a resolution authorizing the City Manager to execute on behalf of the City of Denton an administrative service agreement with the International City Management Association Retirement Corporation (ICMA-RC). Ike Obi, Human Resources Specialist/Benefits, stated that this resolution would allow the City to formalize an agreement with the ICMA-RC to waive an $18 fee required for active accounts. This would be an opportunity for current employees and encourage other employees to get involved in the program. The following resolution was considered: NO. R92-050 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF DENTON, AN ADMINISTRATIVE SERVICES AGREEMENT WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Perry 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. E. The Council considered approval of a resolution accepting a grant from the office of the Governor in the amount of $38,185 for the Drug Abuse Resistance Education Program sponsored by the City. Rick Svehla, Deputy City Manager, stated that this was an ongoing program. The City had received notice that it was eligible for the grant for this year. The following resolution was considered: NO. R92-051 A RESOLUTION ACCEPTING A GRANT OFFER FROM THE OFFICE OF THE GOVERNOR IN THE AMOUNT OF $38,185 FOR THE DRUG ABUSE RESISTANCE EDUCATION PROGRAM SPONSORED BY THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry 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. City of Denton City Council Minutes September 15, 1992 Page 22 F. The Council considered approval of a resolution requesting the Texas Municipal League to adopt a resolution to amend TEX. GOV'T CODE ANN. Sec. 30.481 et seq. providing for the appointment of municipal court of record judges; and supporting creation of a Municipal Court of Record for the City of Denton. Jerry Drake, Assistant City Attorney, stated that the current statue provided that the City would hold an election to decide whether to appoint or elect the judge for municipal court of record. This resolution would urge the Texas Municipal League to support an amendment to allow the judges to be selected by appointment. The following resolution was considered: NO. R92-052 A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO ADOPT A RESOLUTION TO AMEND TEX. GOV'T CODE ANN. SEC. 30.481 ET SEQ. PROVIDING FOR THE APPOINTMENT OF MUNICIPAL COURT OF RECORD JUDGES; SUPPORTING CREATION OF A MUNICIPAL COURT OF RECORD FOR THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. 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. The Council considered an appointment of a voting and alternate voting delegate to the 1992 Congress of Cities. Hopkins motioned, Smith seconded to appoint Council Member Perry as delegate and Council Member Chew as alternate delegate. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Miscellaneous matters from the City Manager. Rick Svehla, Deputy City Manager presented the following items: A. Saturday was County Seat Saturday and he encouraged all' to attend. B. There had been a power outage yesterday when a tree fell on a major transmission line. Approximately 5,000 customers were out of power for approximately 20 minutes, 1500 customers were out of power for approximately 30-35 minutes and 500 customers were out City of Denton City Council Minutes September 15, 1992 Page 23 2¸3 for approximately 52 minutes. He commended the electrical staff for their work because under normal circumstances the outage would have been days and not minutes. 10. There was no official action taken on Executive Session items discussed during the Work Session. 11. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Brock recommend that a work session diScussion be scheduled when Council started discussing signs. B. Council Member Brock suggested working with the residents who lived on the Square in regards to parking on the Square. C. Council Member Miller suggested a report and work session discussion regarding the rental of the Civic Center and the associated percentage which the City received from the profits of the rental. The Council considered the Agenda Addendum. 1. The Council considered a request from the City of Denton to allow the use of loudspeakers, amplifiers and musical instruments on September 20, 1992 from 11:00 a.m. - 4:00 p.m. for the City of Denton Employee Picnic. Catherine Tuck, Administrative Assistant, stated that this was a similar request as those in the past to allow the use of loudspeakers, amplifiers and musical instruments on Sunday, September 20 for the City of Denton Employee Picnic. The music did not start until 1:00 p.m. but the loudspeakers might be tested before that time. Perry motioned,. Smith seconded to approve the request. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was'adjourned at 8:23 D.m. City of Denton City Council Minutes September 15, 1992 Page 24 C I TY~S ECR%TARY CITY OF DENTON, TEXAS ACC000B7