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Minutes February 09, 1993224 CITY OF DENTON CITY COUNCIL MINUTES February 9, 1993 The Council convened into the Work Session 1993 at 5:15 p.m. Civil Defense Room. in the 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 action in the condemnation cases of City of Denton v. Cole Trust No. 1, City of Denton v. John Porter, et ux and City of Denton v. Frvman & Wolski, considered action in Dallas County Park cities Municipal Utility District v. City of Dallas and city of Grapevine, real estate (considered acquisition of an easement for a water transmission line to proposed Lake Ray Roberts Water Plant) and personnel/board appointments. 2. The Council received a report and held a discussion regarding the Capital Improvement Program budgeting process. Kathy DuBose, Director of Accounting and Budget Operations, presented a budget calendar for the capital improvement program budget. She presented written requests from several organizations for funding and reviewed the Council budget questionnaire which the Council would be completing. The questionnaires were due Friday, February 12, 1993 for staff review on February 17, 1993. She reviewed a work sheet which staff would complete for the proposed CIP projects. Following the completion of those work sheets, the Executive Staff would do a ranking of the projects using the criteria of public safety, health/life, legal requirements, impact on liability, quality of current service, economic development and growth, and recreation/cultural/aesthetic value. A discussion would then be held regarding the rankings with a recommendation to the Planning and Zoning Commission. The Commission would discuss the proposed CIP, hold a public hearing with a recommendation forwarded to the City Council. In September the Council would adopt the first year of the CIP. John McGrane, Executive Director of Finance, stated that the City had two separate processes, the CIP and the operation/maintenance budget. In past years those processes had proceeded separately. Staff was trying to merge those two processes together as they might have an impact on each other. Lloyd Harrell, City Manager, stated that the preparation of the CIP would be very critical this year as it would be the foundation for a bond package for the voters. Mayor Pro Tem Hopkins stated with the last bond election, Council had some decisions already made regarding the CIP but when the 225 City of Denton City Council Minutes February 9, 1993 Page 2 citizens group was formed, they had a very different view point than the Council. She questioned the process of the Council determining the CIP projects before a citizens committee would be formed. City Manager Harrell replied that ground work needed to be done to investigate all the possible CIP projects in terms of cost and operating expenses in order to form the foundation for a citizen committee. The Charter required the Planning and Zoning Commission present the CIP to Council. The CIP could be used as a starting point for the citizen committee so that the City would be in compliance with the Charter. Mayor Pro Tem Hopkins felt it was important to inform citizens that a committee would be formed and that the CIP might change during the entire process so that there was no perception that the City was not doing what the citizens originally thought. Council Member Brock felt that communication was very important. Records would be kept of individuals who presented ideas at the public hearing and those who sent letters. Those individuals could be informed directly and others indirectly by a general publicity project. There needed to be a data gathering process to track items which might be on a CIP and those which would not be on a CIP. Council Member Chew stated that he would be holding his questionnaire until after he had heard what the general public wanted. Mayor Pro Tem Hopkins stated that she had a problem completing her questionnaire as she could not run again on Council and her responses would be deleted as soon as a new member was elected. Council Member Perry stated that he would like to have her comments on the questionnaire. Council Member Smith stated that the Council would have an opportunity to express its feelings on current issues. 3. The Council received a report and held a discussion regarding Sammons Communication's basic service tier restructuring. Bill Angelo, Director of Community Services, stated that the Cable Television Act reinstituted rate regulation for communities such as Denton. The City would file for certification through the FCC for the ability to regulate basic service rates. That Act also had encouraged cable operators to restructure basic service tiers to 226 City of Denton City Council Minutes February 9, 199~ Page 3 provide a lower level of service at the lowest possible cost. This action combined with the fact that Sammons Communications was in the process of a rebuild in the Denton area created a situation whereby in order to comply with the Act, Sammons would have to split the services into two different levels. In order to accommodate those levels, converter boxes would have to be used. A possible option would be to delay City certification until Sammons had completed the rebuild and Sammons would not restructure at this time. If the City could not delay application for certification, a second option would be to have the City proceed with the application and then allow Sammons to restructure at a later date. An agreement had been developed which the Cable T.V. Advisory Board and Sammons had agreed with. Council Member Perry asked if this agreement could be perceived as the City allowing Sammons to raise the rates. John Enlow, Sammons Communications, stated that the agreement stated that Sammons would not raise rates during the rebuilding process. Council Member Perry asked if the new basic cable would become a combination of cable channels. Enlow replied that the new basic service would be a lifeline service. The other channels would be optional. Angelo stated that one downside of the agreement was that if the restructuring was done as proposed, a small amount of customers would need a converter box for service. 4. The Council received a report and held a discussion regarding a recommendation for preparation of a power supply study. Bob Nelson, Executive Director for Utilities, stated that there was a need to perform a power supply study for options for long range electrical systems. There might be some opportunities to repower units within the City and gain substantial efficiencies. Jim Harder, Director of Electric Utilities, stated that the study would help determine where the City should go from here. Should the City depend on TMPA for future power supply source or build another unit or buy from the outside. After reviewing the request for proposal, staff was recommending that the firm of Resource Management International perform the study. Tasks for the study included data request and review, review load forecast and demand side management program, review power supply contracts and dispatch, accounting procedures of TMPP, review existing generation 227 City of Denton City Council Minutes February 9, 19933 Page 4 facilities, prepare interim report, analyze technical feasibility of TWUco-generation facility, identify options, economic analysis, prepare report and preparation of results. An approximate cost of the study tasks was $118,900. Some possible power supply options included purchase power, repower present generation to establish a combined cycle unit, addition of another unit, participate in the next units of TMPA, participate in generation units owned by others, participate in co-generation at TWU, waste-to-energy facility and modifying existing generating units. An interim report should be completed in approximately 3 months with a final report in approximately 6 months. The study would determine the City's long term future energy supply. Council Member Brock asked if the project had gone out for bid. Harder replied that formal bidding was prohibited on professional projects. City Manager Harrell stated that a number of firms were interviewed before the selection of Resource Management International and that formal contracts would be considered at the next Council meeting. The Council convened into a Special Call 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 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. The Mayor presented the following proclamations: National vocational Education Week American Heart Month 2. The Council considered approval of the minutes of the Regular Session of January 5, 1993. Perry motioned, Chew 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. 228 City of Denton City Council Minutes February 9, 199~! Page 5 3. Public Hearings There were no public hearings to consider at this meeting. 4. Consent Agenda Perry 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: Be 1. Bid #1443 - Medical Supplies 2. Bid #1449 - Fleet Vehicles 3. Bid ~1452 - Collection Services 4. Bid #1454 - Data Multiplexer Channel Bank Equipment 5. Bid #1457 - 12 CY Dump Truck 6. Bid #1458 - Rear Load Refuse Truck 7. Bid #1459 - Circuit Breaker Conversion 8. Bid #1448 - Reroof Service Center 9. P.O. #32132 - A. I. S Continental 10. P.O. #97167 and #97168 - Change Order #8 - Martin K. Eby Plats and Replats Considered the preliminary replat of Lots 1 and 2, into Lot iR, Block 1 of the Santa Fe Addition. (The Planning and Zoning Commission recommended approval by a vote of 7-0.) Tax Refunds Considered approval of a tax refund to Robert Croissant for $774.95. Considered approval of a tax refund to Republic Title Co./Albert Herron for $642.37. Considered approval of a tax refund to Teresa Hayes for $884.51. 229 City of Denton City Council Minutes February 9, 1993 Page 6 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid #1443, 4.A.2. - Bid #1449, 4.A.3. - Bid #1452, 4.A.4. - Bid #1454, 4.A.5. - Bid #1457, 4.A.6. - Bid #1458, 4.A.7. - Bid #1459) The following ordinance was considered: No. 93-015 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 competitive bids and providing for the award of contracts for public works or improvements. (4.A.8. - Bid #1448) The following ordinance was considered: No. 93-016 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. 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. C. The Council considered adoption of an ordinance authorizing the execution of Change Order No. 8 to a contract between the City of Denton and Martin K. Eby Construction Co., Inc.; and providing for an increase in the contract price. (4.A.10. - P.O. #97167 and #97168) The following ordinance was considered: 23O City of Denton City Council Minutes February 9, 1993 Page 7 No. 93-017 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 8 TO A CONTRACT BETWEEN THE CITY OF DENTON AND MARTIN K. EBY CONSTRUCTION CO., INC.; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN 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. D. The Council considered adoption of an ordinance providing 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. (4.A.9. - P.O. #32132) The following ordinance was considered: No. 93-018 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, 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. E. The Council considered adoption of an ordinance approving the purchase of a utility easement from Charles Betzel (Ray Roberts Transmission Water Line Project.) The following ordinance was considered: No. 93-019 AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM CHARLES BETZEL; AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. city Manager Harrell stated that this ordinance continued the staff process of obtaining the easements necessary to build the transmission line from the new water plant. 231 City of Denton City Council Minutes February 9, 199~ Page 8 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. F. There was no ordinance Item F. for this agenda. G. The Council considered adoption of an ordinance directing the publication of notice of intention to issue City of Denton Utility System Revenue Bonds, and directing the issuance and publication of notice of sale of said bonds. John McGrane, Executive Director for Finance, stated that the city was required by law to publish notification of intent to issue revenue bonds. The bonds would be opened and issued on March 16. The bonds would be for $6,575,000 which would fund two years of CIP projects for the utility system. The following ordinance was considered: No. 93-020 ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS. 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. H. The Council considered adoption of an ordinance directing the issuance and publication of notice of sale of City of Denton General Obligation Bonds. John McGrane, Executive Director for Finance, stated that a publication notification for General Obligation bonds needed to be published once in a national financial newspaper at least 30 days before issuance. The bonds would sell on March 16 for a total of $2,975,000 which would be used for the law enforcement center and for the library. The following ordinance was considered: 232 City of Denton City Council Minutes February 9, 1993 Page 9 No. 93-021 ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS. 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. 6. Resolutions A. The Council considered approval of a resolution approving an interlocal ambulance agreement between the City of Denton and Denton County for ambulance services. City Manager Harrell stated that this was an annual contract with the County for ambulance service. The item had been discussed at budget time and it was noted that there had been a reduction in the amount from the previous year. The following resolution was considered: No. R93-008 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. Hopkins 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. 7. Miscellaneous matters from the City Manager. Lloyd Harrell, city Manager, presented the following items: A. The selling of the revenue bonds and the general obligation bonds would require the City to make a bond rating trip to New York to present the case to bond officials. The trip was scheduled for February 26 with the Mayor, the City Manager, the Executive Director of Finance, and the Executive Director of Utilities attending. There was also a spot available for one Council Member to attend if the Council desired to send an additional member. 233 City of Denton City Council Minutes February 9, 199~ Page 10 Council Member Miller felt it would be a g~d idea to send an additional member if someone was interested in ~ttending. Council Member smith felt that it was an educatienal experience to attend such a meeting. It was beneficial and encc'~iv~ed someone else to attend. Council Member Chew stated that Council Member Perry was not able to attend last year and suggested he attend this year. Consensus of the Council was to have Council Member Perry attend along with the others so indicated. 8. There was no official action taken on items discussed during the Work Session Executive Session. 9. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Miller asked for an update on the status of the study on the use of civic Center and revenue from those rentals. City Manager Harrell stated that staff was in the process of preparing the study and suggested reviewing it as a major budget issue. B. Council Member Smith asked for an update on committee meetings with the University students. C. Council Member Chew noted the students present in audience. 10. There was no Executive Session held during the Regular Session. JENN~FER-~ALTERS CITY-3OF D~NTON, TEXAS With no further business, the meeting was adjourned at 7:22 p.m. BOB CAST~~~"'~~ CITY OF DENTON, TE~S / ACC000E0