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
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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
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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
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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.
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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.
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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:
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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.
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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:
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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.
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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
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ACC000E0