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Minutes January 11, 1994491 CITY OF DENTON CITY COUNCIL MINUTES January ll, 1994 The Council convened into a Special Call Session on Tuesday, January 11, 1994 at 5:15 p.m. in the Civil Defense Room. 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: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered possible settlement offer in City of Denton vs. John and Marqaret Porter condemnation case. Considered release relative to the Estate of Ruth I. Anderson. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 Council considered Item #3. 3. The Council received a report, held a discussion and gave staff direction regarding the submission of 1995 Congestion Mitigation Air Quality projects and Section 9 Transit Allocation for the 1994 Transportation Improvement Plan. Council Member Chew left the meeting with a potential conflict of interest as he was a member of the SPAN Board. Catherine Tuck, Administrative Assistant, stated that the City was an urbanized area eligible for Section 9 transit funds which was how the City paid, along with state funds, for the current transportation system in Denton. Each year the Texas Department of Transportation allocated funds in the federal register and that amount for fiscal year 1995 was $417,037. In order to access that money, the City had to have the amounts programmed in the appropriate sections of the COG's transportation plan. This was not the time to submit an application which had detailed budget information. This proposal would be an indication of what the City would like for planning, the amount for operations, and the amount for capital. When the FTA looked at the grant application, they would look at the Transportation Improvement Plan to see if those funds were available in the amounts requested. The submission would include $40,187 for planning, $215,250 for operating, and 492 City of Denton City Council Minutes January 11, 1994 Page 2 $161,600 for capital funds. The capital funds included lift- equipped vehicles and replacement signs for the trolley routes. Council Member Cott asked what was the City's portion of the submission. Tuck replied that it would be $125,281. Council Member Cott asked if those funds were included in the current budget. Tuck replied that this request was for the 1994 TIP which was planning for the 1995 fiscal year. It was not in the current budget but would be in the upcoming fiscal year's budget. Council Member Perry stated that this was only a submission to COG what the City would be doing with the funds. There was no actual spending of funds at this time. Tuck replied that that was correct. Council would confirm the amounts during the upcoming budget discussions. Rick Svehla, Deputy City Manager, stated that in the Council's budget deliberations which would start in March/April of this year, the actual cash would be in that budget as well as the match hours for the program. The proposal, which would apply for the highest amount of dollars, would allow the City to have as much flexibility as was allowed under the federal program. The Council might decide to not reach those limits but it would allow the maximum flexibility for the City. Tuck stated that the second program requested money under the Congestion Mitigation Air Quality Program. During the summer of 1993, the City offered free rides on the trolley system on each Ozone Alert Day. The City would be requesting partial reimbursement for lost fare revenues on Ozone Alert Days. Instead of offering free rides next year, the rides would be a $.25 fare and the City would request reimbursement for lost fare revenue. DART, the "T" in Fort Worth and the Denton systems would all have the same reduced fare and would be marketed in a coordinated manner. Denton would benefit greatly from this combined marketing since it would likely be covered in the Dallas and Fort Worth media. The program would allow the City to recoup 54% of the lost fare revenues on Ozone Alert Days in 1994, 1995, and 1996. The lost fare revenues for Ozone Alert Days in the summe~ of 1993 were completely absorbed by the City. The CMAQ request committed the City financially to a local match of $4,388 over a three year period if the project were accepted. 493 City of Denton City Council Minutes January 11, 1994 Page 3 Council Member Perry stated that there would be no increases in the fare rides. Tuck replied correct. The normal fare was $.75 and the ozone alert fee would be $.25. Council Member Cott asked how the City could continue to increase ridership on the system. Tuck replied that they were continually working to encourage ridership and increase the numbers. One of the routes at times had standing room only. All of the routes had increased dramatically. The amount also had programmed in an extra 16% to encourage individuals to ride more. Consensus of the Council was to proceed with the programs. Council Member Chew returned to the meeting. Rick Svehla, Deputy City Manager, stated that he was dealing with projects for the Congestion Mitigation/ Air Quality Program for the 1995 fiscal year. The City had been very successful in the past when recommending projects. The backup materials indicated the list of projects in rank order. COG received many project requests and had the ultimate decision on the use of these monies. From that standpoint, COG devised a system on how to rank projects. COG stated that part of the ranking system now included how much the local government would be matching the program. If the local government matched at 46% or more, the maximum number of points would be awarded for that category. Staff was suggesting that based on that ranking system and the amount of interest money available from the U.S. 380 funds, that the City could match the first four projects in the 46% range. The projects included (1) a traffic signal at Loop 288 and Kings Row, (2) a Texas u-turn at U.S.377 & I35E, (3) a traffic signal at F.M. 426 and Mayhill Road, (4) a traffic signal at 1-35E and McCormick, (5) left turn capacities on U.S. 380, (6) replacement of controller boxes and wiring at six signals, (7) acceleration and deceleration lanes at Loop 288 and Kings Row, (8) south bound right turn connection at 1- 35 & U.S. 380, and (9) a metered south bound ramp signal at Loop 288 and U.S. 380. The best projects, in terms of rating, were the first four projects. Staff was requesting permission to move ahead with submission of those projects. Council Member Perry noted that the left turn lane on Fulton was a very difficult intersection and suggested there might be a need to move that project higher on the list. 494 City of Denton City Council Minutes January 11, 1994 Page 4 Council Member Cott stated that there would be no attempt to reduce the use of the individual automobile. Svehla replied that that was not in this part of the program. This program was only to help move vehicles more effectively. Council Member Chew stated that it might help to make the turn procedure on Carroll and Fulton on an arrow only instead of with the green light. Council Member Brock stated that the recommendation was to request the maximum matching proposal for the first four projects. Svehla replied that the timing of the projects would have to be known. It was suggested to propose a match of 46% on the first four projects. If the City had to prove to COG that the money was available immediately at this time, the 46% match would not be feasible. One project would have to be matched at 41%. Since these were 1995 projects, the interest would still be accumulating and there would be enough money to match at the 46% level. Council Member Brock asked about the other projects listed (5)-(9). Svehla replied that those would be submitted at a reduced rate. The City probably would not receive funding for all of the projects. If Council approved the funding at 46% for the first four projects and the projects (5)-(7) were approved, it might be possible to also match those projects. Council Member Cott asked where the money was coming from for the projects. Svehla replied that the money was interest money from the existing 1977 bond issue for University Drive. Council Member Cott stated that University Drive would not be done. Svehla replied no that the money for this proposal was the interest money from the bonds. The other funds would remain in place ready for use when the Highway Department was ready to do the University Drive project. Consensus of the Council was to proceed with the proposal. 4. The Council received an update and held a discussion regarding the progress of the renovation of the Denton Municipal Complex and gave staff direction. 495 city of Denton City Council Minutes January 11, 1994 Page 5 Betty McKean, Executive Director of Municipal Services and Economic Development, stated that the focus of the update would be on the plaza area. The feeling was to create this area as a meeting place or a gathering place. Another goal of the plaza was the issue of beautification and enhancement and to have public art available at that location. Mickey Ohland, Park Planner, stated that the design would provide an opportunity to showcase a piece of art in the future but in the meantime would be a gathering place. The design would relate the plaza to the building. Brick pavers would be added which would match the building and there were be a flexible arrangement of the plaza in order to be able to showcase one piece of art work or have as many as 10 smaller pieces to display. City Manager Harrell stated that staff wanted to bring this to Council was it was different from what the architect had brought to Council at a previous meeting. The price would be the same and staff wanted Council to be aware of the changes. Council Member Brock asked if these would be external changes only. McKean replied correct. Consensus of the Council was to proceed with the proposal. Bruce Hennington, Facilities Manager, stated that the demolition had been completed and all the walls in Human Resources and Data Processing had been constructed. All outside windows had been cut and bricking was being done in the area. The plumbing was completed with the air conditioning in place. All the brick work had started in the police area and they were starting the walls in the other areas of the building. Council Member Cott asked how a person going to trial would be brought in the building so that he would be away from the rest of the population in the building. Hennington replied that he would be brought in through the jail and then through a door which the judge had control over. The bailiff would then escort the individual into the courtroom. Council Member Miller asked about parking in front of the entrance to the police section of the building and suggested leaving the direct entrance open of parking. Hennington stated that currently there was planned to have parallel parking in that area but a change could be studied. 496 City of Denton City Council Minutes January 11, 1994 Page 6 Council Member Miller asked about the estimated date of completion of the project. Hennington stated that May 1 was the anticipated date for Human Resources and Information Services. The cooler/chiller ran a large area of the building and there was a need to make sure it worked properly before accepting that portion of the building. He stated that the contractor was excellent and was communicating very well with the City staff. 2. The Council considered approval of a resolution authorizing the Mayor to execute a release relative to the estate of Ruth I. Anderson. Debra Drayovitch, City Attorney, stated that she would recommend Council consider a substitute release which she was handing out for the one in the agenda packet. The substitute release revised, to some degree, the proposed release in that the City was merely waving any right to the organ and not directing the disposition of the property to any particular organization. The release was limited only to the disposition of this particular piece of property. Council Member Cott questioned the wording "effectiveness of the gift." He felt it would be the effectiveness of the transfer. City Attorney Drayovitch stated that the question was whether or not the gift was effective. The following resolution was considered: NO. R94-003 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RELEASE RELATIVE TO THE ESTATE OF RUTH I. ANDERSON; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye". Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 5. The Council considered nominations and appointments to the Solid Waste Master Plan Committee. Council Member Chew stated that he had a problem with this appointment process. This was the first time he knew of where a distinction was made between places on the Council. Members at- 497 City of Denton City Council Minutes January 11, 1994 Page 7 large were listed for two appointments and the single member districts were listed for only one appointment. In the past there had always been the same number of appointments from each member of the Council. The other problem he had was with the process in which the single member districts would only appoint from the residential areas and had no appointments from the business area. Each member on the Council represented some type of business entity in the City. He wanted the process to be equitable and as it was proposed, it was not equitable. Mayor Castleberry indicated that the Council had had a lengthy discussion at the last meeting regarding the appointments. It was decided that the appointment process did not restrict appointments to a particular district. Council Member Chew indicated that he was not referring to the fact of whether the appointment was from a particular district or not. He was referring to the way the document was laid out. Council Member Perry indicated that he had made the distinction between the three at-large members having six nominees and the four district members having four nominees which was not in accord with the way the Council had previously operated. He also expressed a concern regarding the third goal for the Committee which was to "encourage the development of business engaged in recycling materials" which he felt touched on policy making. He felt that was a policy statement and was not sure that should be a charge of such a committee. Council Member Cott also expressed a reservation about number of appointees and moved to equalize those appointments and have only one each for the Council. Mayor Castleberry asked the City Attorney for a ruling on procedure for the item. After a short recess, Mayor Castleberry indicated that it would be possible to vote to suspend the rules. Any Council Member could make the motion and it would require four votes of the Council. City Attorney Drayovitch stated that the procedure for reconsideration provided that a motion for reconsideration should be made at the next meeting. Since this item was considered two meetings ago, the proper procedure would be to vote to suspend the rules requiring the motion to be made at the next meeting. 498 city of Denton City Council Minutes January 11, 1994 Page 8 Mayor Castleberry asked the City Secretary to read the minutes of the meeting of January 4, 1994 as a review of the Council's previous action. Council Member Miller felt that rather than having concern about an unequal number of nominations, the item could be reconsidered as no formal motions had been made. The suggested number would have to be divisible by seven which would require looking at the whole construction of the task force. Council Member Chew felt that there needed to be seven appointments, one from each Council member or have two appointments from each council member. He did not want the single member districts pitted against the at-large districts. Council Member Brock pointed out a difficulty with the suggestion of reducing the number of at-large appointments. She had already called two people to ask to serve on the Committee in the category when it was assigned. It would be very awkward for her to not include those individuals. She would be willing to turn over one of her places to a single member Council Member. Council Member Chew stated that he was offended with the structure of the committee. Mayor Pro Tem Smith responded to the issue of fairness in the way the Council currently appointed the board and commission members. The procedure, as currently in place, would never allow District Two to have an appointment to the Public Utilities Board. It was not possible to always make a process fair to all. She did not feel that the process had anything to do with equal appointments. Council Member Perry stated that two to one was not fair. Three members had twice the number of appointments as the others. He was satisfied with the rest of the proposal but not that portion. Mayor Pro Tem smith stated that this was the same format as before and the one which the Council reached a consensus on. She felt that the Council needed to follow the city Attorney's legal advice to reconsider this item. City Attorney Drayovitch stated that no motions had been made at the prior meeting so no formal action was needed. Mayor Castleberry stated that the item was open for discussion. The consensus received at the last meeting was not binding and did not represent a formal action. 499 City of Denton city Council Minutes January 11, 1994 Page 9 Council Member Chew stated that this item was not the same as the process for nominating individuals to the boards/commissions. He did not like the way it was presented. Council Member Miller stated that in the past these issues could be discussed in executive session. He recalled the discussion from the prior meeting being based on the representation from the entire city. He did not remember the major issue being the number of appointments. Mayor Castleberry stated that there was no attempt to have more nominations over another Council Member. The concern was to get individuals with expertise in certain areas and trying to not get the committee too big. Council Member Brock stated that the structure was suggested to the Council by the Public Utilities Board and did not come from the Council. Council Member Cott suggested that the single member district nominations be increased to two each which would put the committee number at 30. Mayor Pro Tem Smith cautioned from getting the group too large and had no problem with the way it was set up. Council Member Perry stated that this was an important committee and felt that in order to get the committee off to a good start, the number of appointments should be equalized for each council member and make a minor adjustment to the number of the committee. Mayor Castleberry stated that the proposal came from the Public Utilities Board and Council might want them to review the proposal. Council Members Miller and Perry agreed with that suggestion. Council Member Brock stated that there was no need to return the item to the Public Utilities Board unless Council was going to tell them exactly what to do. If all the Council wanted was to be sure that all members had the same number of appointments, Council could make those changes. Mayor Castleberry stated that if each member had two appointments, there would be an additional four members to the committee. If each member had only one appointment, the number on the committee would be reduced by six. 5OO City of Denton City Council Minutes January 11, 1994 Page 10 Chew motioned, Cott seconded to add four places to the single member district. On roll vote, Brock "nay", Cott "aye", Miller "nay", Smith "nay", Chew "aye", Perry "aye", and Mayor Castleberry "nay". Motion failed with a 3-4 vote. Miller motioned, Perry seconded to select three nominations from the business community which would reduce the size of the committee by three members. Mayor Pro Tem Smith asked which of the businesses would be cut from the list. Did the Public Utilities Board have some reason for listing the particular businesses. Bob Nelson, Executive Director for Utilities, stated that the suggested industries dealt with products which had recycling aspects associated with their waste. Council Member Miller stated that if there was no representation from certain industries, the committee could get input from them at public hearings, etc. Those aspects of the business community would not be ignored even though there was no direct representation on the committee. Council voted on Council Member Miller's motions. On roll vote, Brock "nay", Cott "aye", Miller "aye", Smith "nay", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5- 2 vote. Mayor Castleberry indicated that nominations would be needed at the next Council meeting. Council Member Miller suggested suspending the rules to nominate and appoint at the same meeting. Mayor Pro Tem Smith nominated Joyce Pool. Council Member Brock nominated Allen McMillan Council Member Miller nominated Dale Branum. Mayor Pro Tem Smith expressed a concern regarding nominating and voting at the same time as there might be a need to check out possible nominations. 6. The Council considered an appointment to the Airport Advisory Board. 501 city of Denton City Council Minutes January 11, 1994 Page 11 Mayor Castleberry indicated that Council Member Cott had nominated James Jamieson at a prior meeting. On roll vote, Brock "aye", Cott, "aye", Miller "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. Unless Council desired a meeting, staff did not see a need for a meeting on the 25th of January. B. Early voting for the sales tax amendment had ended with a total of 861 votes cast compared to 1461 votes cast at the last City Council election. C. The Planning Department was compiling t~e final year-end figures for building activity. Single family building permits were up 56% from 1992 to 1993. There was a 47% increase in the value of new permits for businesses from 1992 and the overall permitted value report increase of $81 million between 1992 to 1993 which was a 21.7% increase over the increase between 1991-92. 8. There was no official action taken on Executive Session items discussed during the Work Session Executive Session. 9. New Business There were no items of New Business suggested by Council Members for future agendas. With no further business, the meeting was adjourned at 7:45 p.m. ~I/f Y SECRETARY CITY OF DENTON, TEXAS B'OB CITY OF DENTON, T~XAS / ACC0018B