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Minutes March 1, 199454 CITY OF DENTON CITY COUNCIL MINUTES ~ · March 1, 1994 The Council convened into the Work Session on Tues~day, March 1, 1994 at 5:15 p.m. in the civil Defense Room. ~ PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Cott, Perry, and Miller. ABSENT: Council Member Chew 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 action in Iwuchukwu v. City. 2. 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. Bo Ce Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 1. Discussion regarding property acquisition on Foster Road and Mayhill Road. Personnel/Board Appointments Sec. 551.074 Council Member discussion. -- Under TEX. GOV'T CODE Chew arrived during the Executive Session 2. The Council received a report and held a discussion regarding the results of the City Council 1994-95 Budget Priorities Questionnaire and gave staff direction. Lloyd Harrell, city Manager, stated that the budget questionnaire was given to staff as the budget process was started and was used when ranking budget packages. Kathy Dubose, Acting Executive Director for Finance, reviewed the results of the questionnaire which were included in the agenda backup. Two different scores were obtained, one dealing with the service level and the other dealing with council priority. Council Member Cott stated that the police patrol area did not stand out. It appeared that the City had moved away from a hard policing patrol concept. He asked if the o~her council members felt that same way regarding the police patrol issue. 55 City of Denton Cit~ouncil Minutes Ma~ch 1, 1994 ~ · Page 2 Council Member Brock replied that of the top three service areas listed, two dealt with policing. She felt that these were important items for the City to be doing. City Manager Harrell stated that in the past the questionnaire was two dimensional with either a ranking to increase or decrease service in an area. It was felt that that was not adequate information for the staff and the questionnaire should tell staff what were the top priorities for Council as well as which direction to proceed with in that category. The questionnaire had since been changed to reflect those two areas. Council Member Miller stated that if any area were given a high priority, such as police patrols, that was an indication that the City was doing an adequate job in that area but in the future the City might have to increase the amount of money for that area. City Manager Harrell stated that another item of importance related to the four Council comments regarding the restraining of property tax as much as possible. With those kinds of comments, staff would be conscious on how the budget were put together. 3. The Council received a report and held a discussion regarding federal funding for transit operations and gave staff direction. Council Member Chew left the meeting with a potential conflict of interest. Catherine Tuck, Administrative Assistant, stated that President Clinton had proposed massive cuts in federal assistance for transit operations. The proposal was to phase out all operational funding over a three year period with a 25% reduction the first and second year and a 50% reduction in the third year. Local transit operations relied heavily on federal and state subsidies in the operations areas. With a President and Congressional majority from the same party, this type of proposal might pass more easily. If this funding were not available from the federal government, there would most likely be fare increases, service reduction, and more City funds allocated for transit. The City would be asking for Community Development Block Grant funds for the fiscal year 1995. This was the only federal funding that could be used as local match for transit dollars. Seventy percent of the trolley stops were in CDBG target areas and those not in the CDBG area were businesses or places of employment. Denton's funding for fiscal year 1995 would not be adversely affected by any federal budget decision. The City's funds to operate for fiscal year 1995 were funded by the FTA out of fiscal year 1994 and thus Denton's operations would not be in jeopardy until fiscal year 1996. City of Denton City COuncil Minutes March 1, 1994 . Page 3 Council Member Cott felt that many approaches could be used regarding this issue and felt that perhaps private investment or an economic development group needed to be brought into the picture. City Manager Harrell stated that this was an important issue to look at in the next budget year as it would be a major policy issue for the Council. Council Member Miller felt that it would be a good idea to express Council's concerns to Denton's Congressional representatives during the upcoming National League of Cities Conference in Washington, D.C. This item also dealt with air quality issues and should be a priority item to discuss with the city's Congressional delegation. Tuck continued that the City had- submitted programs for consideration in the Transportation Improvement Plan to be evaluated by the Regional Transportation Commission of the North Central Texas Council of Governments. The amount of Section 9 federal funding available to be programmed was $417,037. She reviewed the funding request which included $40,187 for planning, $215,250 for operation, and $161,600 for capital funds. If Council did not have any additional comments or concerns regarding the proposal, it would be listed on the March 22nd agenda for Council consideration. Council Member Chew returned to the meeting. 4. The Council received a report and held a discussion regarding the City's Comprehensive Driving and Vehicle Use Policy. Max Blackburn, Risk Manager, stated that the primary purpose of the policy was to standardize vehicle accident review boards throughout the City. A secondary consideration was to update three existing policies which were for the most part, obsolete or inadequate. It would institute five new policies for driving record checks, employee self-disclosure, defensive driving course attendance, use of city vehicles by volunteers, and use of personal vehicles for city business. The Council convened into the Regular Session on Tuesday, March 1, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 57 City of Denton City Council Minutes March 1, 19~94 Page 4 1. Pledge of Allegiance The Council and me~bers of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of February 15, 1994. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Public Requests A. The Council considered a requeSt from the Denton FeStival Foundation for a noise exemption at the Civic Center Park on Sunday, April 24 from noon to 10:00 p.m. Catherine Tuck, Administrative Assistant, stated that this was the third year for this request from the Festival Foundation. The Foundation did not anticipate the bands to be playing any later than 8:30 p.m. or 9:00 p.m. but wanted enough time to complete all presentations. The City had not received any complaints in the past regarding this event and any associated noise. Smith motioned, Brock seconded to approve the request. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council considered approval of a resolution temporarily closing Congress Street between Alice Street and Denton Street on Friday, April 29, 1994 for Cougar Day at Calhoun Middle School. Catherine Tuck, Administrative Assistant, stated that this was an annual event for Calhoun Middle School and the only property owner affected was the DISD. The following resolution was considered: NO. R94-006 A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, APRIL 29, 1994; AND PROVIDING AN EFFECTIVE DATE. 58 City of Denton City Council Minutes March 1, 1994 · Page 5 Brock motioned, Cott 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. C. The Council considered approval of a resolution temporarily closing Fry Street between Oak Street to Hickory Street on Saturday, April 16, 1994 for the Fry Street Fair. Catherine Tuck, Administrative Assistant, stated this request was from the Delta Lodge for the Fry Street Fair. The Council backup materials reflected the history of the event. In prior years, the event was not held on Fry Street as a landowner was not in favor of the street closure. This year the Lodge had received approval of all landowners and tenants for the closure. This event would be on a Saturday. University of North Texas police as well as Denton police would be working with the Lodge to ensure adequate parking and security in the area. Both FEMA and Grace Temple Baptist Church were included in the provisions of the resolution for parking security and cleanup. The City Manager's Office had received only one call from a citizen regarding this event who felt that the hours were too long and preferred a shorter time frame for the event. Robert Bone stated that closing Fry Street was essential for the growth and prosperity of the Fry Street Fair. Bringing the Fair back to Fry Street would benefit the local businesses and local charities. All proceeds from booth sales benefited local charities. The Lodge had made extensive preparations for a successful and trouble free Fair. Paul Card indicated that he was available to answer any questions. Council Member Brock indicated that the preliminary plans showed that one band would be playing in the back yard of the Delta Lodge. As that yard was not very large, she asked where the audience would be located. Card replied that the band Dlaying in that area was not a very well known band and thus there would not be a large audience there. Council Member Miller stated that part of the plan from the Lodge dealt with crowd control. Was there a contingency plan if the band in the Lodge back yard drew a large crowd. Card replied that he would be contacting Lt. Abbott from the Police Department to help him work on a plan to control crowds in that area. 59 City of Denton City Council Minutes Mar~h 1, 1994 - - Page 6 Council Member Brock suggested that the Delta Lodge work on an adopt a spot in that area. Card replied that one resident of area was already working on adopting a spot for that area. Council Member Perry asked about the anticipated size of the crowd. Card replied that the size could vary depending on weather, etc. The capacity last year was under 2500 and there was no problem with that capacity. The area for this year was much larger. Mayor Castleberry stated that the Delta Lodge had prepared for adequate police protection, portable restrooms, and other preparations. Card replied that two Lodge representatives and one police officer would be present to keep the parking lots clear for FEMA and the Church. The following resolution was considered: NO. R94-007 A RESOLUTION TEMPORARILY CLOSING FRY STREET BETWEEN OAK STREET AND HICKORY STREET ON. SATURDAY, APRIL 16, 1994; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Miller seconded to approve the resolution. Mayor Pro Tem Smith stated that she had had negative feeling regarding the Fair for several years but was impressed bythe good work which was done last year and would be in favor of this event this year. Council Member Miller stated that the way the Lodge had cooperated and coordinated with the City and police was great. Council had never been opposed to the Fry Street Fair but was opposed to unrestraint for an event. Council Member Cott thanked the students for organizing such a musical event. Council Member Perry stated that even the concern of the one person in opposition to the event had been considered. 60 City of Denton City Council Minutes Marbh 1, 1994 ' Page 7 On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending the detailed plan of Planned Development No. 65, changing the use of Lots 7 and 8A from green space to single-family detached. The 16.6 acre site was located south and east of Sam Houston Elementary School, and fronted on Teasley Lane (FM 2181). (The Planning and zoning Commission recommended approval at its February 9, 1994 meeting, 3-1.) Council Member Cott left the meeting with a potential conflict of interest. Frank Robbins, Executive Director for Planning and Development, stated that the two lots on the existing detailed plan were open space and were designed for a private pool or playground. This proposal changed the use to single family detached home sites. The Mayor opened the public hearing. Edmond Bright stated that in September of 1992, the subdivision had been replated from 192 duplexes into 51 single family, lots. Two lots were set aside for parking and for a swimming pool and clubhouse. The owners and people living in the development had been polled to determine if they would be in favor of supporting the cost of the pool and clubhouse. No one wanted to support the .~.clubhouse or pool and he asked the Council to change the lots into single family home sites. No one spoke in opposition. The Mayor closed the public hearing. Council Member Brock indicated that the Planning and Zoning minutes ~efle~ted that one member had voted against the proposal and ~he asked for the reason for that negative vote. Robbins replied that Commissioner Cochran had voted against the proposal for drainage reasons. He expressed concern that if there were drainage problems in area more impervious surface should not be added to the area. He wa~ particularly ~on~e~ned about one alley behind a lot which was used as a drainage structure. It was felt that the drainage structure would adequately handle the runoff in the area as it was designed in that manner. 61 City of Denton City Council Minutes March 1, 1994 ~ . Page 8 Council Member Brock stated that one individual' in the area had expressed concern about the drainage problems in the area. Robbins replied that that individual's point was that there was too ' much water coming on his property from the south. Much of that water did not come from that subdivision. The following ordinance was considered: NO. 94-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED PLAN FOR PLANNED DEVELOPMENT (PD) NO. 65 BY CHANGING THE USE OF LOTS 7 AND 8A IN THE BENT OAKS SUBDIVISION FROM "GREEN SPACE" TO "SINGLE FAMILY DETACHED", SUCH SUBDIVISION BEING LOCATED SOUTH ANDEAST OF SAM HOUSTON.ELEMENTARY SCHOOL, AND FRONTING ON FM2181; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Chew seconded to adopt the ordinance. Council Member Brock stated that people sometimes criticized the City, saying that it said "no" to too many proposed developments. When problems resulted from development it was always considered the City's fault. Sometimes development created problems and the taxpayers had to correct that problem. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Cott'returned to the meeting. 5. Consent Agenda Mayor Castleberry indicated Bi~ ~1590 would consideration. be pulled from Brock motioned, Perry seconded to approve the Consent Agenda with the exception of Bid #1590. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #1580 - 12 Cubic Yard Dump Trucks z. Bid ~1584 - Refuse Containers 3. Bid ~158§ - Fleet Vehicles 4. Bid #1589 - Precast Manholes City of Denton city Council Minutes March 1, 1994 . Page 9 Be Ce P.O. ~41491R - Darr Equipment RFSP #1565 - Telephone Switches RFSP #1596 - Computer Room Relocation Plats and Replats Preliminary replat of Denton High School West, Lot 1, Block A. The 16.418 acre tract was located on Bryan Street, Crescent Street and Fulton Street. (The Planning and Zoning Commission recommended approval at its meeting of February 9, 1994, 4-0.) Tax Refunds The Southland Corporation - $759.26. Clothestime ~490 - $572.17 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1580, 5.A.2. - Bid #1584, 5.A.3. - Bid #1585, 5.A.4. - Bid #1589) The following ordinance was considered: NO. 94-030 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. Perry motioned, Miller seconded to adopt the ordinance deleting item 5.A.5. Bid #1590 from 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 ordinanc~ accepting a competitive sealed proposal and awarding a contract for the purchase of materials, equipment, supplies or services. (5.A.7. - RFSP #1565, 5.A.8. - RFSP #1596) The following ordinance was considered: City of Denton City Council Minutes Ma~ch 1, 1994 . Page 10 NO. 94-031 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL 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. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A.6 - P.O. #41491R) The following ordinance was considered: NO. 94-032 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, 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. D. The Council considered adoption of an ordinance authorizing the City Attorney to approve the proposed judgement in City of Denton v. John W. Porter and wife, Margaret G. Porter relating to the extension of the runway at the Denton Municipal Airport. City Attorney Debra Drayovitch recommended adoption of the ordinance in accordance with prior memoranda and discussion with Council. The following ordinance was considered: City of Denton City Council Minutes Ma~ch 1, 1994 · Page 11 NO. 94-033 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY ATTORNEY TO APPROVE THE PROPOSED JUDGEMENT IN CITY OF DENTON VS. JOHN W. PORTER AND WIFE, MARGARET G. PORTER RELATING TO THE EXTENSION OF THE RUNWAY AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS; 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. E. The Council considered adoption of an ordinance designating and establishing speed zones on Windsor Drive from Hinkle Street to Bonnie Brae Street; providing for a penalty of a fine not exceeding two hundred dollars; providing a severability clause; and repealing any other ordinance in conflict herewith. (The Parks and Recreation Board and the Traffic Safety Commission recommended approval.) Rick Svehla, DePuty City Manager, stated that the Traffic Safety Commission and the Parks and Recreation Board had recommended approval of the ordinance. This was the section of Windsor in North Lakes. Park which was currently signed 20 mph due to pedestrian activities and organized activities on the field near Windsor. With the improvements along Windsor for a new pedestrian walk and with the pending completion of the new fields in the northern area of the park, the slower speed limit was no longer necessary. The North Lakes Homeowners Association had requested the change. Council Member Brock asked how a child playing in the park on the south side of windsor would get across the street to the north side of the park. Svehla replied that three cross walks would be installed with cautionary signs indicating that this was a Dark area with pedestrians present. The road was designed for sight distances and any pedestrian should be viewed adequately. The following ordinance was considered: City of Denton City Council Minutes March 1, 1R94 . . . Page 12 NO. 94-034 AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES ON WINDSOR DRIVE FROM HINKLE STREET TO BONNIE BRAE STREET; PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ANY OTHER ORDINANCE IN CONFLICT HEREWITH; 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. F. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Baker-Shiflett/EMCON, Inc. relating to professional engineering services for soil testing and boring services for the Denton landfill. Howard Martin, Director of Environmental Operations, stated that the City was currently proceeding with the permitting and design of a new landfill site. As part of the process, the City had to complete a geotechnical investigation of the site. The Utility staff had recommended approval of a contract between Baker- Shiflett/EMCON, Inc. to provide those geotechnical services. The following ordinance was considered: NO. 94-035 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND BAKER-SHIFLETT/EMCON, INC. RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR SOIL TESTING AND BORING SERVICES FOR THE DENTON LANDFILL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING 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. G. The Council considered adoption of an ordinance approving Amendment No. 1 to an agreement for professional engineering services between the City of Denton and HDR Engineering, Inc. for the sanitary landfill development. City of Denton City Council Minutes Ma~h 1, 1994 Page 13 Howard Martin, Director of Environmental Operations, stated that HDR was under contract with the City to provide the engineering services for the design and permitting of the landfill site. As part of the regulatory requirements, three borings into the soil were required. Those borings had a risk of contamination and HDR had no part in the regulatory requirement or actual boring and were requesting an amendment to the contract to reflect no liability on their part as associated with the boring. The following ordinance was considered: NO. 94-036 AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR THE SANITARY LANDFILL DEVELOPMENT; 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. H. The Council considered adoption of an ordinance ordering an election to be held in the City of Denton, Texas on May 7, 1994, and if a runoff election is required, on June 4, 1994, for the purpose of electing Council Members to the City Council of the City of Denton, Texas, to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton; designating voting places; appointing election officials; providing for early voting; providing for bilingual notice of the election; and ordering that the punch card electronic voting system be used. Lloyd Harrell, City Manager, stated that this was the standard election ordinance which the Council had considered for past elections. The following ordinance was considered: NO. 94-037 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 7, 1994, AND IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 4, 1994, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING EARLY VOTING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR EARLY VOTING; PROVIDING FOR BILINGUAL NOTICE OF THE City of Denton City Council Minutes Ma~ch 1, 1994 - ~ · Page 14 ELECTION; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew 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 postponing the regular CounCil meeting of March 15, 1994 to March 22, 1994; and providing for an effective date. City Manager Harrell stated' that several members of the Council would be out of the city on March 15th thus necessitating the change of the Council's formal meeting from March 15th to March 22nd. The following resolution was considered: NO. R94-008 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF MARCH 15, 1994 TO MARCH 22, 1994; AND PROVIDING FOR'AN EFFECTIVE DATE. 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 appointing a member to the Board of Directors Retirement and Nursing Center Finance Authority. a resolution of the Denton City Manager Harrell stated that the next two items on the agenda would be appointing Kathy DuBose, Acting Executive Director for Finance, to membership on the designated boards replacing John McGrane. The following resolution was considered: NO. R94-009 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE. 68 City of Denton City Council Minutes Mar~h 1, 1994 Page 15 Cott motioned, Smith 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. C. The Council considered approval of a resolution appointing a member to the Board of Directors of the Industrial Development Authority Board. The following resolution was considered: NO. R94-010 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Chew 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. D. The Council considered approval of a resolution regarding support of the Denton Public Library's position on County funding. Eva Poole, Director for Library Services, stated that the City was again in a dilemma of how much money, if any, the City would receive from the County. She was also faced with the problem of providing library service to anyone who entered the library but realizing that the City could not continue financially to do so. For a total of 25 of the past 26 years, the Denton Public Library had served the County on a contractual basis. While the level of funding had never allowed the City to recover the cost of providing library services to out-of-city library users, the City had continued to do so with very limited resources. For the past two years, the City had pleaded for more money but to no avail from the County Commissioners, the Citizens Budget Advisory Committee and the Denton County Library Advisory Board. The County Commissioners had continually ~ide stepped the issue of equitable funding for all Denton COuntY libraries. Last year when the Commissioners were again pressed to allocate County funds equally among all Denton County libraries, they formed the Citizens Budget Advisory Committee to direct the issue Of County funding. They discussed mandated and non-mandated services as well. The Citizens Budget Advisory ¢ommi~e~ ~h~n ~harg~d ~h~ D~n~on ¢oun~yLibrary Advisory Board to determine an equitable funding formula for all Denton County libraries. All three entities continually failed to recommend a funding formula which paid for actual library service City of Denton City Council Minutes Marzh 1, 1994 ~ · Page 16 given to out-of-city users. They failed to compensate the Denton Public Library for the comprehensive services provided including the now 14,251 registered borrowers who lived outside the City of Denton who were able to check out 23%, this year, of all the 'materials from the library. They failed to recognize the number of operating hours, the professional librarians on staff or the total number of materials which the library owned. They continually recommended funding formulas that provided 9.9% of Dentonfs Operating budget while serving 23% of out-of-city users. It cost the library $1.85 per transaction to serve out-of-city users when receiving only $1.17 from the County. The net result of this inequity was that City of Denton taxpayers were subsidizing County residents. The fact that surrounding cities received up to 89% of their operating budget further illustrated the unfair burden on Denton taxpayers who would also be asked to absorb additional operating and maintenance costsfor the new branch library. The Denton Public Library could not continue to serve out-of-city library users and deliver quality service without additional funding from the County. She was very frustrated with the process regarding adequate funding and needed Council support with the issue. Council Member Miller stated that it was not a question of not serving County residents as the City had to serve those individuals if it received any funding from the County. In the past, the City had continued to serve those out-of-city residents but also kept trying to get more funding from the County. Council Member Perry stated with the new automation systemthe City was planning to install in the library, the City would be able to offer a quality of service far above other area cities. The City was eager to provide the same quality of service to all but it was fair and reasonable to ask the County'to support that cost. City Manager Harrell stated that this year when the task was given back to the Denton County Library Association to develop a new formula for consideration by the Budget Advisory Committee and the County Commissioners, the suggestion was one which would worsen the City's position. The Denton County Library Association was made up of the library directors from all of the libraries in Denton County with each library having the same vote. By definition it was dominated by the smaller libraries in the County. Every library was currently provided with a $7500 grant plus a per capita allocation. The recommendation was that the grant be dropped for the three large libraries of Carrollton, Lewisville, and Denton but be retained by the small libraries and then apply the per capita allocation. The City was frustrated in trying to communicate to the Citizens Advisory Board that there was a major difference 70 City of Denton City Council Minutes Mar=h 1, 1994 ' Page 17 between a library in Denton, Lewisville or Carrollton and the type of services provided than a library in Krum or Pilot Point as they did not provide the comprehensive array of functions as the larger libraries did. Mayor Castleberry stated that it was important to emphasize that the citizens of Denton could not always subsidize out-of-city residents. The following resolution was considered: NO. R94'011 A RESOLUTION REGARDING THE SUPPORT OF THE DENTON PUBLIC LIBRARY'S POSITION ON COUNTY FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to approve the resolution. Council Member Miller suggested that the Denton citizens put pressure on the Commissioners Court regardin~ this issue. On roll vote, Brock "aye" Cott "a,,~'' 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 Plumbing and Mechanical Code Board, the Keep Denton Beautiful Board and the Downtown Advisory Board. Mayor Castleberry indicated that Council Member Perry had nominated Geneva Berg to the Downtown Advisory Board at the previous meeting. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry stated that the other board vacancies were not ready for nomination. 9. Vision Update Council Member Brock stated that April 10 was scheduled for the open house for the Vision Room~ The first meetings of the impact groups were scheduled for the next few days. There had been some discussion regarding the use of the Vision logo regarding copyrighting issues. Volunteers for the Vision Room would be provided by RSVP and the Benefit League. It was hoped that at the April meeting a plan would ready for volunteer staffing of that 71 City of Denton City Council Minutes Mai'ch 1, 1994 ~ ' Page 18 room. Dr. Bulls presented a list of a number of staff members Who would be providing secretarial support for the impact groups. The United Way and Texas Instruments had agreed to provide equipment for the Vision Room and for various projects. The project had received much donated materials and services for the Vision Room. 10. Miscellaneous matters from the City Manager. A. Update on the Teasley Lane construction project. Rick Svehla, Deputy City Manager, stated that last Thursday the Highway Department had awarded the bid for Teasley Lane. Two meetings were planned to brief individuals living in the area regarding the construction project. One meeting would focus more on groups and/or individuals who had main entrances/exits on Teasley to determine how they would be affected. Mayor Pro Tem Smith asked for an estimated time 'frame for the project. Svehla replied that the project would take approximately 2 years. The longest.portion of the construction would be the construction of the overpasses on I35. B. Harrell stated that the reconstruction of the Denton Municipal Complex was moving ahead well on schedule and it was anticipated that the first phase move would be done by May of this year. C. Catherine Tuck, Administrative Assistant, would be leaving the City for a job in Washington D.C. with ICMA. 11. There was no official action taken on Executive Session items discussed during the Work Session Executive Session. 12. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Brock asked that the policy of solicitation on City streets be placed on a work session agenda for reconsideration. Mayor Castleberry stated in order to place that item on a future agenda as the Council had already voted on this item, it would be necessary to bring the item back for consideration. City of Denton City Council Minutes Mar~h 1, 1994 Page 19 Council Member ~iller stated that Council Member Brock was not asking for a revote on the issue but merely to place it as a study session item. At that time, take a vote to determine whether or not to continue to pursue the matter. City Attorney Drayovitch stated that the effect of the 3-3 vote was denial of the issue. Therefore, the Council voted against that. In the past, Council had reconsidered items which had failed without a vote. Reconsideration was not applicable as it only applied to the next meeting after issue. There was no formal rule about what it took to put an item on an agenda. She had suggested a vote as then there would be no question regarding the issue. Brock motioned, Cott seconded to place the item on a work session for discussion. Council Member Perry stated that the intent of the 3-3 vote was to deny consideration of the issue and the Council should stay within those rules. Mayor Castleberry asked if Council would like to hold the item until the City Attorney had a chance to research the issue. On roll vote of Council Member Brock's motion, Brock "aye", Cott, "aye", Miller "aye", Smith "nay", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 4-3 vote. B. Council Member Miller suggested another study session item regarding the speed bumps policy relative to requests from other parts of the City and at what point would the City do the tests in other areas. 13. The Council convened into the Executive Session to discuss the following: Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered action in Iwuchukwu 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. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Discussion regarding property acquisition on Foster Road and Mayhill Road. 73 City of Denton City Council Minutes Ma~ch 1, 1994 ~ · Page 20 Co Personnel/Board Appointments -- Under TEX. GOV'T CODE SeC. 551.074 No official action was taken during this Executive Session. CIT~ SECRETARY CITY OF DENTON, TEXAS With no further business, the meeting was adjourned. BOB~B~~ CITY OF DENTON, TEXAS/ / ACC001A6