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Minutes November 17, 1992CITY OF DENTON CITY COUNCIL MINUTES NOVEMBER 17, 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, real estate (considered sale of real property along Carroll Blvd. to Dale Irwin), and personnel/board appointments (considered an appointment to the Electrical Code Board). 2. The Council received a report and held a discussion regarding nominating a candidate for possible appointment to the Appraisal Review Board for the Denton Central Appraisal District and gave staff direction. City Manager Lloyd Harrell stated that the Denton Central Appraisal District had asked for nominations for the Appraisal Review Board which needed to be submitted prior to December 1, 1992. He asked for instructions for names to file with the District. The individual needed to be available during the months of May and June. Council Member Brock asked if the individuals previously mentioned been contacted. Mayor Castleberry indicated that John Marshall would he available if nominated. Council Member Perry indicated that he had talked to Hugh Ayer who was pleased to be asked but had graciously declined. Mayor Pro Tem Hopkins felt that John Marshall had been a great City employee and would be a great nominee. Consensus of the Council was to nominate John Marshall. 3. The Council received a report and held a discussion regarding a Council Adopt~a-Spot. City Manager Harrell stated that this item was on the agenda at Council request. Cecile Carson, Keep Denton Beautiful Coordinator, stated that the program originated with the Keep Denton Beautiful Board in conjunction with the Highway Adopt-A-Spot program. The original program was a litter collection program to clean city streets and en~ranceways at least four times a year. Additional conditions could be imposed by the particular group doing the spot such as 109 110 City of Denton City Council Minutes November 17, 1992 Page 2 weedeating, landscaping, etc. The Keep Denton Board had done a combination project at Carroll and Eagle by the IOOF Cemetery. They cleaned up the litter and maintained the landscaping. Options for adopt-a-spot locations were listed in the agenda backup. The size of the locations varied depending on the group, their ambition and their interest. Council Member Brock stated that a spot not suggested might be the bird sanctuary in southeast Denton. Council Member Miller asked if there were a list of spots available to the public. Carson replied yes there was a list available and staff had one-on- one contact with the groups. She presented a slide presentation of some of the areas available and gave Council a copy of the adopt-a- spot agreement. Mayor Castleberry indicated that he liked the area on Bell Avenue by the railroad tracks. Council Member Smith indicated that she was in agreement to beautify with flowers but her chief concern was with trash and that the Bell Avenue location was the best spot for this. Council Member Chew felt that Council Member Smith should be the chairperson for the group. Mayor Castleberry stated the site on Bell Avenue between Robertson and Eagle would be a litter control site rather than a beautification site. Mayor Pro Tem Hopkins nominated Council Member Smith as the supervisor of the crew. Consensus of the Council was to adopt the spot on Bell Avenue on both sides oft he street and that Council Member Smith would be the chairperson. The chairperson would handle the agreement and it would come back' to Council for a formal vote. 4. The Council received a report and held a discussion regarding an update on the Intermodal Surface Transportation Efficiency Act of 1991. Deputy City Manager Rick Svehla stated that a memo had been passed out to the Council that discussed recent information regarding the Act. Staff was still attempting to get final answers on several projects. A meeting was scheduled in the near future with COG, the City of Denton City Council Minutes November 17, 1992 Page 3 111 Highway Department and staff to confirm the listings. The report was favorable due to a new federal law and funding which was available for a number of issues not received before. There was approximately $28 million worth of projects on the list. The City's share was approximately $300,000. A negative side of the report was that a number of projects had been delayed including a number of projects in the City's 1986 bond issue. None of those projects had been built and had been pushed back. Fort Worth Drive was not included in the 9 year plan. Because all of the City's projects had been included in the plan, it was a better plan than the prior PDP plan because the new law required that only 30% more projects in dollars could be added to the list than they had money which meant more projects would be funded. COG had been recognized as one of the few in the nation who had completed this project. Mayor Castleberry and Council Member Miller had worked very diligently on this project as had the Chamber of Commerce. The Minute Orders for some of the projects had helped get these projects on the list. Svehla discussed the projects on the list as presented in the agenda backup. U.S. 77 was not on the list. Highway officials had always indicated to staff that the project would be a special funding category. Svehla had spoken with John Blain of the Texas Department of Transportation and had been assured that it was an active project that was being worked on which would probably be in the out years. Staff would be visiting with COG and TXDOT to verify numbers, info~mation and corridor improvements. Council Member Miller complimented Rick Svehla, Jerry Clark and Catherine Tuck on the number hours they had worked on this project and on the positive relationship they had with COG and TXDOT. The City was very well represented on this project. The bond money which was available helped because local funds were available to do projects which proved to be important. Mayor Pro Tem Hopkins suggested a letter be sent to those individuals who worked on the project expressing the Council's appreciation. 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, Chew, Perry, Smith and Miller. ABSENT: None 112 City of Denton City Council Minutes November 17, 1992 Page 4 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Meeting of November 3, 1992. Perry 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 Herman Wesley regarding a City Charter review. Mr. Wesley was not present at the meeting. Mayor Castleberry announced that a "Request to Address Council" had been received from Carl Young on this item. Carl Young stated that he wanted Council to consider putting together a charter review committee to look at the possibility of changing to a 6-2-1 council format. The current system was unfair to minorities and students and there was an unbalance of power. Several of the Council Members were living in same area of town. He asked Council to consider a 6-2-1 plan for Council representation. 4. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Specific Use Permit No. 150 modifying the requirement pertaining to a proposed buffer, and allowing a storage/mechanical room. The 8.590 acre site, under the control of the Young Mens''Christian Association, was at the northwest corner of Windsor and Riney Roads. (The Planning and Zoning Com-ission recommended approval 6-0 at its October 14, 1992 meeting.) Frank Robbins, Executive Director for Planning, stated that this was an amendment for the specific use permit for the YMCA. The effect of the recommended amendment would be that the planting buffer on the northern end of the property would be extended from 1991 to 1994. The amendment would define what had to be planted and when. A small storage room would be added to the plan. City of Denton City Council Minutes November 17, 1992 Page 5 The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 92-196 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SPECIFIC USE PERMIT GRANTED BY ORDINANCE NO. 89-027 FOR A YMCA FACILITY LOCATED AT THE NORTHWEST CORNER OF WINDSOR DRIVE AND RINEY ROAD; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock 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. Mayor acknowledged the Leadership Denton class in attendance at the Council meeting. 5. Consent Agenda Mayor Pro Tem Hopkins asked that 5.A.2. be pulled for separate consideration. She noted a large difference in the bids which raised a question whether it was cost effective to prepare the brochure as presented. Could it be done for a lower price with a different type of brochure. Lloyd Harrell, City Manager, stated that staff had analyzed the situation and had two concerns regarding the low bid. The alternate bid, althaugh substantially less expensive, did not meet the specifications the City had requested. To reject all the bids and develop alternatives would go past the deadline for registration of the programs. There might be good ideas which the alternate bid proposed and before the next year's printing of the brochure, staff would explore those ideas further. Mayor Pro Tem Hopkins asked if there were a possibility of going forward with the more expensive brochure for one printing and not for the other three brochures. 113 114 City of Denton City Council Minutes November 17, 1992 Page 6 City Manager Harrell replied that the bid was for a certain number of brochures to be done throughout the year. Staff agreed that for a substantial price differential, the idea needed to be explored to make sure that it would be feasible to do for the next year. One goal was to make sure the document would retain a shelf life for the period of class registration. Council Member Miller questioned why only four bidders responded to the bid proposal. Tom Shaw, Purchasing Agent, replied that this had been a concern for a number of years. Part of the bid specification included a combination of the printing of the brochures and the sale of the advertisements in the brochures. The revenues received from the advertising helped offset the cost of printing the brochures. An option would be to reduce the quality of the brochure or to do without the advertising. Council Member Brock indicated that last year the brochure had a glossy cover. She questioned what was the cost of the brochures last year. Shaw replied that last year the brochure was four pages less and that there was a per page decrease over last year's price. Council Member Brock asked about total circulation. Shaw replied that were approximately 100,000 all together. Rick Dlugas, Director of Parks and Recreation indicated that $38,000 had been budgeted and the bid was for $37,000 which was under cost. Eight years ago the brochure was of a different type with less shelf life and when the brochure was changed, registration increased. Hopkins motioned, Chew 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: 2. 3. 4. Bid #1425 - Wire, Cable, Conduit and Connectors Bid #1427 - Brochures for Parks and Recreation Bid #1418 - General Liability - Third Adm. P.O. #30390 - Darr Equipment City of Denton City Council Minutes November 17, 1992 Page 7 115 6. Ordinances 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 #1425; 5.A.2. - Bid 1427) The following ordinance was considered: No. 92-197 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew 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. B. The Council considered adoption of an ordinance approving an administrative service agreement between the City of Denton and Frontier Adjustments of Denton. (5.A.3. - Bid #1418) The following ordinance was considered: No. 92-198 AN ORDINANCE ACCEPTING THE PROPOSAL OF FRONTIER ADJUSTERS OF DENTON FORADMINISTRATION OF GENERAL LIABILITY CLAIMS AGAINST THE CITY OF DENTON; AUTHORIZING THE CITY MANAGERTO EXECUTE A CONTRACT FOR SUCH SERVICES; AND AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING 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.4. - P.O. #30390) 116 City of Denton City Council Minutes November 17, 1992 Page 8 The following ordinance was considered: No. 92-199 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. 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. D. The Council considered adoption of an ordinance retaining the law firm of Lloyd, Gosselink, Fowler, Blevins and Mathews, P.C. to represent the City in pending litigation styled ~ Municipal Utilities District v. Cities of Dallas and Grapevin... The following ordinance was considered: No. 92-200 AN ORDINANCE APPROVING THE RETAINER OF THE LAWFIRM OF LLOYD, GOSSELINK, FOWLER, BLEVINSANDMATHEWS, P.C. TO REPRESENT THE CITY IN PENDING LITIGATION STYLED PARK CITIES MUNICIPAL UTILITIES DISTRICT V. CITIES OF DA?.T.AS AND GRAPEVINE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew 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. E. The Council considered adoption of an ordinance authorizing assignment pay for the Fire Department employee in the classification of Captain who was also assigned to perform the EMS Program Management duties. Rick Svehla, Deputy City Manager, stated that this had been part of the Council's budget discussions. This position would be in charge of coordinating the continuing education and training for the paramedics. It was felt that providing this service in-house would be the most cost effective method. City of Denton City Council Minutes November 17, 1992 Page 9 117 The following ordinance was considered: No. 92-201 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR THE FIRE DEPARTMENT EMPLOYEE IN THE CLASSIFICATION OF CAPTAIN WHO IS ALSO ASSIGNED TO PERFORM THE EMS PROGRAM MANAGEMENT DUTIES; AND PROVIDING FORAN EFFECTIVE DATE. Hopkins 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. 7. Resolutions A. The Council considered approval of a resolution in support of a grant from the Texas Forest Service to Keep Denton Beautiful. Cecile Carson, Keep Denton Beautiful Coordinator, stated that the Keep Denton Beautiful Board and Tree Board had reviewed a grant application from the Texas Forest Service which would allow the City to take a tree inventory on primary and secondary arterials in the City. This would provide a document which could be used for future maintenance and reference. The grant award would be $6000 with in-kind share from the City. Volunteers from Master Gardeners would be doing the actual inventory of the trees. Mayor Pro Tem Hopkins stated that the cost from the City appeared to be more than the grant and was this budgeted. Carson replied that there would be no additional budget costs. The City's share would be 200 hours of her time to supervise the intern and coordinate the project. It was a 50-50 match. Council Member Brock asked Carson if she felt the grant would cover the inventory and complete the project. Carson replied yes. Council Member Miller asked if the software would be able to be used for other purposes. Carson replied that it would have very specific uses. They were considering software from the National Arbor Day Foundation which might be. able to be used to inventory other areas such as city parks and be entered into the GIS system. 118 City of Denton City Council Minutes November 17, 1992 Page 10 Council Member Perry asked if this would form a permanent record of all trees on city property when completed. Carson replied yes when it was totally completed. The first phase would do arterials and secondary arterials. The following resolution was considered: No. R92-075 A RESOLUTION ACCEPTING A GRANT FROM THE TEXAS FOREST SERVICE; AND PROVIDING AN EFFECTIVE DATE. Miller 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. Lloyd Harrell, City Manager, presented the following items: A. Council, at a prior planning session, had indicated a desire for a mid-year review. Last year at this time, Council had appointed two members to design such a mid-year planning session. He asked if Council would appoint two members to assist in the planning of such a session. Mayor Pro Tem Hopkins stated that the Mayor had appointed the individuals last year and suggested he do the same this year. B. Harrell reminded the Council of the special meeting next week regarding Council employee evaluations. The meeting would start at 5:15 p.m. in the City Manager,s Conference room. 9. The following official action was taken on Executive Session items discussed, during the Work Session Executive Session: Hopkins motioned, Smith seconded to nominate Fred G. Reed to the Electrical Code Board. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. City Manager Harrell reminded the Council about the opening of the extension of Loop 288. The Highway Department had scheduled a formal ribbon, cutting for Dec. 3 at 2:00 p.m. J~sus Nava, Assistant to the City Manager, had accepted a position as Assistant City Manager in Larado. City of Denton City Council Minutes November 17, 1992 Page 11 119 10. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Pro Tem Hopkins stated that Council had received a letter from John Miniter regarding the City's open house and had questions' which the staff could not answer regarding the hydroelectric projects. She asked staff to respond to his letter and to give Council a copy of the response. 11. The Council did not meet in Executive Session during the regular session. CITY OF DENTON, TEXAS With no further business, the meeting was adjourned at 7:40 p.m. ACC000CE