Minutes November 16, 1993407
CITY OF DENTON CITY COUNCIL MINUTES
November 16, 1993
The Council convened into the Work Session of the City of Denton
City Council on Tuesday, November 16, 1993 at 5:15 p.m.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
1. The Council convened into the Executive Session to discuss the
following:
ae
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered action in Scott v. City.
Considered action in the matter of the application
of Bolivar Water Supply Corporation for an
amendment to CCN No. 11257; Docket Nos. 9824-C and
9447-C of the Public Utilities Commission.
3. Considered settlement in Roebuck v. city of Denton.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
Discussion regarding the hiring of a Second
Assistant Municipal Judge.
2. The Council received a report and held a discussion regarding
ADA requirements for public transportation and gave staff
direction.
Due to a time constraint, this item was considered during the
Regular Session under Miscellaneous Matters from the City Manager.
3. The Council received a report and held a discussion regarding
an interim power supply study.
Due to a time constraint, this item was considered during the
Regular Session under Miscellaneous Matters from the City Manager.
The Council convened into the Regular Meeting on Tuesday, November
16, 1993 at 7:00 p.m.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
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Page 2
1. Pledge of Allegiance
The ~ouncil and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Joint
Meeting of October 20, 1993 and the Special Call Session of October
26, 1993.
Perry motioned, Brock seconded to approve the minutes. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor Castleberry received a presentation from the Church of Jesus
Christ of the Latter Day Saints for Family Week.
3. Citizen Reports
A. The Council received a citizen report from Donald Cox
regarding the COPS Program on the west side of Denton.
Mr. Cox was not present at the meeting.
B. The Council received a citizen report from Bob Stalder
regarding the insurance policy as it related to smokers and non-
smokers. ..
Mr. Stalder stated that he had some concerns about the proposed
insurance and wellness programs for the City employees. He
questioned what criteria was used for the selection process for the
insurance program. The request for bids listed one set of criteria
while a memo from the City Manager to the Council had a different
set of criteria. There was no mention in that memo of the proposed
penalties on tobacco users or individuals who did not choose to
participate in the City's health risk appraisal. The request for
bid for a health insurance program contained no specifics and was
written more in the form of a request for proposal than a request
for bid. It was his understanding that the Employee Insurance
Committee was given only two health plans to consider out of the
several bids submitted. ThrOugh some research he had done he had
learned that Tom Klinck, Director of Human Resources, had come from
Ft. Worth. When the City of Denton changed insurance to New York
Life, Ft. Worth also changed. When the City of Denton changed to
Palico, Ft. Worth changed to Palico also. This year it was
recommended to change to Harris Methodist and Ft. Worth was also
changing to Harris Methodist. He asked who was really doing the
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Page 3
City's insurance. He felt that the insurance should be taken from
Human Resources which was the personnel section and put it with the
Risk ~anager. The city had hired a Risk Manager who was qualified
to do this type of work. The City also paid approximately $45,000
a year to Coopers and Lybrand for insurance consulting and he felt
this was wasted money as the Risk Manager and Legal staff could do
the work. That money could be put back into the insurance.
Council had budgeted $1.5 million for insurance for the coming
year. Harris Methodist was going to cost $1.3 million. That was
approximately a $200,000 difference and he questioned where that
money would be used. He suggested it could be used to help the
wellness costs or for insurance premiums for retired employees. It
appeared that the Wellness Committee was comprised primarily of
employees who were under Betty McKean's supervision and so it would
be no surprise that the Committee would agree with her suggestions.
The employees felt that the proposals for penalties for tobacco use
and for not participating in the health risk assessment was a way
for the city to save money at the expense of the employees. If the
city wanted to establish a wellness program, it should be budgeted
for. There were concerns from the employees that they were not
informed regarding these proposals.
4. Public Hearings
A. The Council held a public hearing and considered an
ordinance for historic landmark zoning for the Campus Theater, 200
West Hickory. H-93-002 (The Historic Landmark Commission and the -
Planning and zoning Commission recommended approval.)
Jane Biles, Main Street Manager, stated that Greater Denton Arts
Council had petitioned for historic zoning for the Campus Theater.
The property was purchased in 1990 to be used as a performing
center.
The Mayor opened the public hearing.
Veronica Beasley stated that she was in favor of the designation.
During the Arts Council capital campaign it was found that many
individuals had fond memories of the location and felt that it
needed to be a landmark in Denton. She requested Council approve
the request for historic landmark designation.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
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Page 4
NO. 93-208
,AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE
PROPERTY LOCATED AT 200 WEST HICKORY AS A HISTORIC LANDMARK
~UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE OF
ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council held a public hearing to receive input as to
whether the Trinity Addition escrow should be called.
Jerry Clark, City Engineer, stated that the site was located at ~he
intersection of Hobson and Teasley Lane. The issue was one of
development as it related to perimeter street paving. The
improvements needed would include stabilization of the subgrade
plus a 5" asphalt pavement according to the Subdivision
Regulations. The original ordinance which addressed this issue was
83-70 and indicated that the City needed to hold a public hearing
to show clear intent to improve the road within one year in the
ninth year. This agreement was not in the ninth year so the
Council needed to only do a consideration of the escrow. It was
planned to undertake the work in December providing weather would
allow. The current ordinance was part of the imPact fee ordinance.
The development was done in 1987. The current ordinance indicated
that postponement was only if the road would be part of a CIP
program and to be built within 2 years. It was recommended to call
the bond and to refund the cost of curb and gutter. Staff was
ready to begin the work if Council agreed to call the bond.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
city Manager Harrell stated that in this particular case, there
would be no further action on the part of the Council after the
closing of the public hearing. The Council would not have to take
any formal action because the time period was less than the 9 year
period of time. Staff would be proceeding automatically unless
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Council did not desire to do so. With the next agenda item, the
time period was in the ninth year and would require formal action
on t~e next agenda to formally consider a motion to call the bond
if so desired by Council.
Council Member Miller stated that the bond value was $9,598 and
that total cost of the project was $57,600. This indicated a much
larger project.
Clark replied that the street had been repaved from Highway 1830 to
the bridge and was waiting for the utility relocation to be
completed.
C. The Council held a public hearing to receive input as to
whether to the Cushman Addition escrow should be called.
Jerry Clark, City Engineer, stated that the site was located at the
intersection of Spencer Road and Loop 288. This was a January 6,
1984 bond with the improvement to be completed including' a
stabilization of the subgrade and 5" of asphalt paving. He
recommended that the Council consider calling the bond. The old
ordinance regulations were in effect and required a 10 year escrow.
This plat was in the 9th year of the escrow which required a public
hearing. If Council agreed to call the bond, there' would be an
action item regarding the bond on the November 23rd Council
meeting.
Council Member Cott stated that Mrs. Cushman made a claim against
the escrow on several occasions and asked if this was normal
procedure.
Clark replied yes that Mrs. Cushman had requested the money several
times. After each request, staff had asked the Legal Department if
she had grounds for that request and there were none.
Council Member Miller asked about a refund to the Cushmans.
Clark replied that there would be an $800 refund to the Cushmans as
no curb and gutter would be installed.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
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5. Consent Agenda
Mayo~ Pro Tem Smith stated that she had questions concerning Bid
#1550 and that staff had answered them to her satisfaction.
Perry motioned, Brock seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Bids and Purchase Orders:
1. Bid #1550 - Janitorial
2. Bid #1551 - Distribution Transformers
3. Bid #1561 - Tree Trimming
4. Bid #1557 - Jim Christal Road Paving and Drainage
5. P.O. #32204 - Corgan Associates
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. (6.A.1. - Bid #1550, 6.A.2. - Bid
#1551, 6.A.3. - Bid #15~1)
The following ordinance was considered:
NO. 93-209
AN ORDINANCE ACCEPTING A COMPETITIVE BID 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.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "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. (6.A.4. - Bid #1557)
The following ordinance was considered:
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Page 7
NO. 93-210
,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, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance
authorizing the Purchasing Agent to execute a purchase, order with
Corgan Associates, for professional services relating to
geotechnical and architectural analysis at the Martin Luther King,
Jr. Recreation Center. (6.A.5. - P.O. #32204)
The following ordinance was considered:
NO. 93-211
AN ORDINANCE AUTHORIZING THE PURCHASING AGENT TO EXECUTE A
PURCHASE ORDER WITH CORGAN ASSOCIATES, FOR PROFESSIONAL
SERVICES RELATING TO GEOTECHNICAL AND ARCHITECTURAL ANALYSIS
AT THE MARTIN LUTHER KING RECREATIONAL CENTER; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR THE EFFECTIVE
DATE.
Chew motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance amending
Chapter 2 of the Code of Ordinance of the city of Denton relating
to "Administration" by revising Article III entitled "Boards,
Commissions and Committees" by amending Section 2-65 entitled "Term
of Office" to provide for a waiting period for reappointment.
City Attorney Drayovitch stated that per Council direction, there
were two ordinances for Council to consider. The first was drafted
to provide that a board or commission member who had served three
consecutive terms would not be eligible for reappointment to that
same board or commission for a period of one year. The second
ordinance provided that a board or commission member who had served
three consecutive terms would not be eligible for reappointment to
any board or commission for a period of one year.
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The following ordinance was considered:
NO. 93-212
.AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON RELATING TO "ADMINISTRATION" BY REVISING
ARTICLE III ENTITLED BOARDS, COMMISSIONS AND COMMITTEES BY
AMENDING SECTION 2-65 ENTITLED "TERM OF OFFICE" TO PROVIDE FOR
A WAITING PERIOD FOR REAPPOINTMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
Miller motioned, Cott seconded to adopt the ordinance which
indicated that an individual who had served three consecutive terms
could not serve on the same board or commission for one year.
Council Member Perry felt that that ordinance more nearly
represented what he had in mind when he requested an ordinance.
Council Member Smith felt that there were numerous individuals who
were willing to serve on the City's various boards and commissions.
When the Council appointed individuals again and again, it
eliminated those individuals who would be pleased to participate in
city government. A waiting period for any board or commission was
desired because she wanted to have an inclusive city government and
this was one way to do it.
Council Member Miller agreed that there should be an inclusive
government. Out'of the many appointments which the Council made,
there were only one or two individuals who were appointed to a
different board after serving three terms. Council used good
judgement when making appointments.
Mayor Castleberry felt that there were so many talented individuals
that more should be given the opportunity to participate. He
agreed with the second ordinance.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "nay",
Chew "aye", Perry "aye", and Mayor Castleberry "nay". Motion
carried with a 5-2 vote.
E. The Council considered adoption of an ordinance approving
the 1993 tax rolls.
Harlan Jefferson, Director of Treasury Operations, stated that to
complete the taxation process, State law required the Council to
approve the tax roll. The tax roll was identical to the appraisal
roll presented in August with the exception that it contained, in
addition to the appraised value of all of the accounts, the taxes
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due on all of the accounts.
The ~ollowing ordinance was considered:
NO,. 93-213
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1993
TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to execute an interlocal cooperation
agreement with Denton County for shared roadway maintenance for
City of Denton and Denton County Roads; and repealing Resolution
R93-058.
Jerry Clark, City Engineer, stated that this was presented at an
earlier meeting. The County had amended the City's recommendation
relative to Jim Christal Road, Robinson Road and a few other
smaller roads. One of the major issues was where there were short
sections of a road both in the City and County. That was changed
so that there would be a long linear section belonging to one
entity or the other. The amended agreement leveled those areas out
for maintenance purposes and added 7000 linear feet for each
entity. This was a more comprehensive agreement and had been
adopted by the Commissioners Court. He recommended approval and
felt it was an excellent example of cooperation with the County to
benefit the citizens of Denton.
The following resolution was considered:
NO. R93-071
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR SHARED
ROADWAY MAINTENANCE FOR CITY OF DENTON AND DENTON COUNTY
ROADS; REPEALING RESOLUTION 93-058; AND PROVIDING AN EFFECTIVE
DATE.
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Perry motioned, Brock seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye'~, Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered approval of a resolution
expressing support of the Ad Hoc Citizens' Sales Tax Advisory
Committee's recommendation to adopt an additional one half of one
percent sales and use tax within the City to be used to reduce the
property tax rate at an election to be held on January 15, 1994,
and urging all citizens to vote in this election.
City Manager Harrell stated that at the Council meeting of November
2nd, Council took action to call an election for January 15, 1994
to consider whether to impose an additional one-half of 1% sales
and use tax. The proceeds would be used to reduce the property
tax. At the same time Council instructed staff to prepare a
resolution regarding critical issues from Council. The proposed
resolution carried out those issues as presented by Council.
Section one expressed the Council's support for the work of the ad
hoc sales tax advisory committee and urged the citizens to express
their preference on the issue by voting. Section two dealt with
the question of the Lifeline electric rate. In that section, the
Council, by approving this resolution, would pledge that as part of
the 1994-95 budget process, they would study and consider potential
reductions to the Lifeline rate or consider other programs designed
to benefit low income citizens of Denton. Section three included
two tasks for the citizens advisory committee. One was to help
with the citizen education process and the second was to appear
publicly each year as part of the budget process to report the fact
that the sales tax proceeds were being used to reduce property
taxes and the amount.
Council Member Cott stated that it was not his understanding that
Section one would be presented as it was proposed. Section one
stated that Council supported the Sales Tax Advisory Committee's
recommendation for passage of the additional sales tax. What the
Council did, as it was the only alternative, was to recommend that
the citizens vote. The only way to do this, based on the way it
was presented, was to vote for the sales tax. District Four wanted
to make their own decision. He would not make the decision for
them and saw no reason to present it this way.
Council Member Miller stated that the wording urged citizens to
vote. -
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Council Member Cott replied that the first sentence stated that the
City Council of the City of Denton expressed its support of the
Sales ~Tax Committee recommendation for the passage of the
additional sales tax. Council could support voting on the issue
but not support the recommendation.
Council Member Miller felt that it was appropriate for the Council
to take a position on whether or not this was a good idea. He had
talked with a council member from Mesquite and had learned good
things which happened with their increased sales tax. He would not
object to supporting the issue and to encourage citizens to vote on
the issue.
Council Member Brock asked for a clarification on what steps had
been taken up to this point. Had the election been called and was
this resolution simply urging voters to participate.
City Attorney Drayovitch stated that the election had been called.
The resolution did urge voters to participate and also invited the
committee to serve as an education committee to inform citizens on
the issue and to later to serve as a "watch dog" committee.
Council Member Brock stated that the Council would also be pledging
to consider reductions in the Lifeline rate.
Mayor Pro Tem Smith felt that-Section one indicated that Council
did support the recommendation of the citizens sales tax advisory
committee. The Committee agreed that an election should be held
and agreed that the sales tax for the reduction of ad valorem taxes
was the way to go. If Council agreed with that, then the rest of
the resolution expressed that the Council urged the citizens to
express his or her preference by voting. Council was not telling
them how to vote but were asking them to vote and were stating that
Council supported the recommendation of the Committee.
council Member Perry stated that he was in favor of placing the
issue before the voters. He was in favor of Section Two and was in
support of Section 3A but Section 3B needed to be eliminated. The
proceeds of the tax were mandated by State law to reduce property
taxes. The money went to the State and the State refunded that
exact amount. Council'had just passed the tax roll and knew the
exact amount of ad valorem tax. The amount of the exact funds to
be used and the exact amount to levy to each property owner was
known. There were internal and external audits of all funds,
expenditures and income. The City also had a City Manager and
Finance Manager who were distinguished in the budget process.
There was no need for a committee to pass on the appropriate use of
that tax and suggested striking Section 3B from the resolution.
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Council Member Chew stated that Council would be endorsing the
recommendation of the Committee and would be encouraging all voters
to express their opinion regarding the issue. He could support all
sections of the resolution.
Mayor Pro Tem Smith stated that she agreed with Council Member
Chew. The Committee would report annually to the Council regarding
the progress of the tax. This was not an overseer position but a
way to keep communication with the citizens through a citizens
group.
Council Member Cott stated that District Four wanted to vote on the
sales tax and that the only way to do that was for him to vote for
the issue.
Mayor Castleberry stated that he was in full support of the
resolution.
The following resolution was considered:
NO. R93-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
EXPRESSING SUPPORT OF THE AD HOC CITIZENS, SALES TAX ADVISORY
COMMITTEE'S RECOMMENDATION TO ADOPT AN ADDITIONAL ONE HALF OF
ONE PERCENT SALES AND USE TAX WITHIN THE CITY TO BE USED TO
REDUCE THE PROPERTY TAX RATE AT AN ELECTION TO BE HELD ON
JANUARY 15, 1994; URGING ALL CITIZENS TO VOTE IN THIS
ELECTION; AND PROVIDING AN EFFECTIVE DATE.
Smith motioned, Brock seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
8. The Council considered nominations and/or appointments to the
Keep Denton Beautiful Board, the Electrical code Board and the
Juvenile Diversion Task Force.
C~unc£1 'Member Chew nominated Herman Wesley to the Keep Denton
Beautiful Board.
Council Member Perry nominated Kandice Gandel to the Keep Denton
Beautiful Board.
Council Member Chew nominated Robert L. Hicks to the Electrical
Code Board.
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Council Member Miller nominated Cindy Sill to the Juvenile
Diversion Task Force.
Mayo~ Castleberry indicated that these nominations would be voted
on at the next meeting.
9. Miscellaneous matters from the City Manager.
The Counci~ returned to the Work Session items.
2. The Council received a report and held a discussion regarding
ADA requirements for public transportation and gave staff
direction.
Council Member Chew left the meeting with a potential conflict of
interest.
Catherine Tuck, Administrative Assistant, stated that currently the
demand response services which served the elderly and handicapped
provided complimentary paratransit services to those who qualified
under ADA. The ADA requirements required complimentary paratransit
services to those who qualified under ADA which might be different
than a person who might be considered to have a disability. The
actual law was much stricter than Denton's interpretation. The
City also provided demand response service to all citizens 60 years
of age or older regardless of any disabilities. ADA requirements
were complimentary paratransit service to those who would qualify
and many of those currently served would not qualify. The City
provided demand response service for all those in the elderly and
disabled categories to anywhere within the City.
Council Member Cott left the meeting.
Tuck stated that ADA guidelines indicated a corridor three-quarters
of a mile on either side of existing routes for those who would
qualify. In the fare structure, the City had an elderly service
which was on a donation basis. This began as a meal fare to
provide service from an individual's home to a meal site. The
demand had grown but the donation system had remained in effect.
ADA required a half price fare for both the elderly and the
disabled on the fixed route system. Currently the City exceeded
ADA requirements. In the future with possible fiscal constraints
and continued growth of the system, the City needed to make sure
that persons with disabilities were always provided with
transportation. Proposals included (1) a public information
campaign meeting with neighborhood groups and the elderly about
what were ADA requirements, what currently was offered and how to
use the system. This would help ease those not eligible under ADA
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off the demand response system to the trolley system; (2) for a 6
month basis provide free rides for the elderly on the trolley which
provided a temporary program for input on how to adjust from one
system to another; (3) eliminate the donation based fees for
elderly on the demand response system and instituting the same fare
that the disabled were paying. The meal based services would
continue on a no cost basis. Staff would return with data
regarding the certification process to make sure all ADA guidelines
had been considered.
Mayor Pro Tem Smith asked if increased staff and expense Would be
needed to certify individuals for ADA.
Tuck indicated that SPAN was working on the certification process.
The forms needed to be completed by a qualified agency or
physician. Based on those forms, the City would know how many
individuals were qualified to be served.
Council Member Perry stated that he appreciated these efforts to
make the handicapped more mobile in the City and the help offered
to the elderly.
Council Member Miller asked if based on the certification surveys,
did it seem that individuals had difficulty understanding the
process.
Tuck stated that the individuals with disabilities seemed to
understand. The misunderstanding seemed to be with the elderly
population as that was where the system began. As the process
progressed, it may be that a large portion of the elderly
population would qualify with ADA.
Council Member Miller asked for the time frame for the
certification.
Tuck replied that as the City currently exceeded the guidelines,
there was no deadline. If the system were left as it currently
was, the demand would probably increase greatly and the system
would not be able to provide adequate services.
Consensus of the Council was to proceed as recommended by staff.
Council Members Cott and Chew returned to the meeting.
3. The Council received a report and held a discussion regarding
an interim power supply study.
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Bob Nelson, Executive Director for Utilities, stated that earlier
this year, the City had entered into a contract with Resource
Management International to review the power supply requirements of
the electric department. They were to look at the existing system,
the forecasting, the present facilities, some of the contractual
and partnership arrangements the City had, and some of the
opportunities which might exist for the future. Part of the
contract required an interim report to the Public Utilities Board
and Council which would be presented at this meeting.
John Moore, RMI, stated that his firm had provided an interim
report which was part of the long range power supply study. The
ten required tasks included (1) data request and review, (2) review
of the load forecast, (3) review of agency and pool considerations,
(4) review of the existing generation facilities, (5) prepare an
interim report, (6) analyze technical feasibility of TWU
cogeneration facility, (7) identify options, (8) provide an
economic analysis, (9) prepare a report and (10) present results.
The interim report summarized findings from the load forecast
review, TMPA/TMPP considerations review, existing generating
facilities review, and TWU cogeneration facility technical
feasibility review. In regards to the load forecast review, it was
found that past forecasts relied on trending, were representative
of past methodologies and had a low cost. It was felt that
significant economic decisions required a more sophisticated model.
Future forecast recommendations included more explanatory
variables, relevant economic considerations, weather normalizing,
and additional historic databases. There were two ways to look at
future requirements. One was to build more generation or buy more
power. The second was to look at the uses presently being made of
the power and address the capacity issue. The demand side
management program involved programs such as voluntary load
reduction, Summer Sense- A/C cycling and rate design with time of
use and thermal storage programs plus an appliance rebate program.
The report suggested the following demand side management program
recommendations: (1) review credits for voluntary load reduction;
(2) formalize the commercial/industrial audit program; (3) review
the air conditioning cycling program'to evaluate cost benefit,
devise a program to check switches and possibly add water heating
to the program; (4) review the building codes; (5) conduct an
appliance saturation survey; and (6) expand load research. Another
area looked at was power pool and sales contracts. The TMPP
Pool/InterchangeAgreement's latest revision was signed in February
of 1982 and included five members with a 10 year term/10 year
notice provision. The TMPA Power Sales Contract was signed in
September of 1976 with 4 members, had a term which was tied to the
expiration of the project debt and had four purchasing cities.
Provisions of the TMPP Power Pool Interchange Agreement included
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City of Denton City Council Minutes
November 16, 1993
Page 16
mutual assistance in emergencies, a coordinated operation, a
sharing of reserves, an economy power/energy exchange, economic
dispatch, generation/transmission planning and joint project
participation. Provisions of the TMPA Power Sales Contract
included a term until September 2017, all power in excess of native
(1976) generation included a 10% increase over a two year period,
allowed for generation from solid waste facilities, and allowed for
participation in small hydro units with annual rate setting. The
contract also provided for development project approval involving
repair/replacement and development work with city approval not
being required. The project approval portion of the contract
involved additional power generation, additional transmission,
power purchase contract with city approval required. A review of
the TMPA member cities for usage determined that the four cities
were somewhat equally balanced. An assessment of the Spencer
Station conditions indicated that the turbines were in good shape.
Two of the boilers were in poor condition and the controls were
pneumatic while the modern controls were electronic. The cooling
towers were in poor condition and needed to be upgraded. Several
Clean Air Act impacts were also studied. Title I dealt with
national ambient air quality standards, Title IV dealt with acid
deposition control and Title V dealt with permits. These were some
environmental issues which would have an impact on the City. With
air quality standards, Denton County was in a moderate non-
attainment area for ozone and required a NOx Control on any new
units located in Denton County and required that the LAER (lowest
achievable emission rate) technology be applied. Units 4 and 5
needed LAER controls which would cost approximately $300,000 to
$400,000 per boiler. Phase I of Title IV, acid deposition control,
would begin in 1995. Phase II would begin in the year 2000 for
units larger than 25MW. Denton requirements (on units 4 &5) would
include installing continuous emissions monitoring by January 1995,
a permit/plan by January 1996, be operative within the plan by
January 2000 and new units would have to meet new levels. Title V,
dealing with permits, had an existing source submission deadline of
November 1995 and had to be submitted by a designated
representative. TACB fees would be $5/ton in 1993, $25/ton in 1994
and $26/ton in 1995. The study also looked at an analysis of a TWU
cogeneration Dlant. The previous study wa~ r~vi~w~d and updated.
The proposed project would be a joint project with TWU power and
steam and surplus power to Denton. It was found that TWU's
investment in the project would not have been offset by reduced
power and steam costs. A cogeneration project to specifically
address only TWU's requirements would not be economically feasible.
Further analysis was necessary to evaluate the feasibility of a
larger project. Future supply options included simple cycle
combustion turbines which were gas fired, a low heat rate, short
lead time, and provided a noise reduction. A combined cycle unit
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City of Denton City Council Minutes.
November 16, 1993
Page 17
or repowering existing units were also options plus waste-to-energy
units.
CounCil Member Miller asked if future supply options including TMPA
options.
Moore replied correct and that TMPA had considerations of a lignite
unit as well as gas turbines.
Council Member Perry asked about solar or wind projects.
Moore stated that they would continue to be apprised of those
strategies but to date they were not very viable options. With
fusion, a long range plan was not feasible and no options which
could be applied here.
Council Member Miller stated that there was a solid waste study
underway and was looking at refuse derived fuel. It seemed that
EPA and other possible mandates might not make that a viable
option. He suggested that the two studies be coordinated.
Nelson replied that the environmental issues posed a problem.
Staff was looking at materials recycling facility for the City.
Materials would be burned in a waste-to-energy unit.
10. There was no official action taken on Executive Session Items
discussed during the Work Session Executive Session.
11. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Miller asked for a report on the City's
policy relative to trimming trees for street work and the
notification process.
B. Council Member Cott asked for a reinstitution of the
Vision financial statement.
C. Council Member Brock stated that the Tree Board had
expressed concern over the way trees were being trimmed. In
conjunction with the tree trimming contract passed at the meeting,
she asked if that had been discussed with the contractor and how
the trees would be trimmed.
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November 16, 1993
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Bob Nelson, Executive Director for Utilities, stated that standard
procedure was to identify the areas to be trimmed and to send a
letter approximately two weeks before going into the neighborhood.
Crew~ were sent to make personal contact with the residents before
the actual trimming. The trimming was done to a two year trim
which was to cut 5-6 feet from the power line. Before the trees
were actually trimmed, the crews, including the contractor crews,
attended a course from the County Extension Agent to learn the
proper procedure to trim the trees.
D. Mayor Castleberry stated that it was time to begin the
annual reviews for the three Council employees. He recommended
Tuesday, Dec 14th for that review which would be the only agenda
item.
Consensus of the Council was to proceed with that date.
E. Council Member Perry asked the City Manager to look at a
date in February for the mid-year planning session.
12. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 9:30 p.m.
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Cit~ Se~etary
City of Denton, Texas
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City of Denton, Te7 ~ ~
ACC00174