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Minutes April 11, 1995459 CITY OF DENTON CITY COUNCIL MINUTES APRIL 11, 1995 The Council convened into a Closed Meeting on Tuesday, April 11, 1995 at 5:15 p.m. in the civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and smith. ABSENT: None 1. The Council considered the following in a Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered adoption of an ordinance retaining a law firm to represent the city in negotiations or litigation with GTE over its failure to produce records required by a city audit and failure to remit delinquent franchise fees. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 1. Considered exchange of certain property along the abandoned Dallas line owned by the city of Denton and Missouri Pacific Railroad Company between Prairie and Hickory Streets and lease of certain railroad right-of-way for parking lot purposes. C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 1. Discussed city Attorney applicants and selection process. 2. Considered adoption of an ordinance retaining Katherine Thoms to provide part-time municipal court prosecutorial services on certain dates between April 12 - September 29, 1995. The Council convened into a Work Session on Tuesday, April 11, 1995 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and smith. · ABSENT: None 1. The Council received a report and held a discussion regarding the Strategic Power Supply Assessment. Jim Harder, Director of Electric Utilities, stated that the process of developing this assessment had taken almost a year. The first part of the study was an assessment of the utility operation. The 460 City of Denton City Council Minutes April 11, 1995 Page 2 assessment had been presented to the Public Utilities Board and the City Council. The second part of presentation would be an analysis of the information gathered on how the present system worked and would make a determination from that information on where to go in the future. John Moore, Resource Management International, stated that the purpose of the assessment was to do a complete focused evaluation of the City's utility system considering the existing TMPA contract and alternatives not currently available within the terms of the TMPA contract. It was also to establish a perspective of Denton's power costs within today's competitive electric utility market. The electric utility industry was an ever changing marketplace. Some of the changes included restructuring, which was creating new power supply opportunities; market-based pricing versus cost-based pricing; access to a wider range of power supplies; and pressure on utilities with long-term high fixed-cost resources. There were two components of the assessment - a retrospective review which compared current costs under the TMPA contract with arrangements excluding a TMPA relationship and a 15 year power supply option assessment which compared forecasts of 15 year costs of TMPA supply with other regional power supply. The study included native generation only, Brazos purchase only, TU wholesale rate purchase only, native plus Brazos purchase, native plus TU purchase, native plus local NUG purchase and native plus Gulf Coast NUG purchase. Findings from the retrospective review found that almost all options were at a lower cost than the TMPA supply; cost differences ranged up to 25-30%; and combinations involving native generation offered the lowest costs. The 15 year power supply option assessment included the findings that the same options were available as were in the retrospective review plus a TU competitive rate and Gibbons Creek with western coal; varying levels of TMPA debt from the sale of the Gibbons Creek plant; varying levels of proceeds from the sale of Denton's Spencer plant. Findings from the 15 year assessment included (1) assuming continuation of Gibbons Creek/native ownership, TMPA with western coal was the lowest cost option; (2) only TU with a competitive rate offered lower cost projections which assumed a longer than 5 year term and a "native with TU purchase" equivalent to a "TU purchase only" with the sale of the Spencer plant; and (3) the "TMPA with western coal" option was typically 20-30% higher than options assuming no TMPA participation. Conclusions of the strategic assessment included (1) the TMPA power cost placed Denton at a disadvantage in the competitive market, (2) future competitive problems could worsen with increased introduction of market-based pricing, (3) the value of the Spencer Plant under the TMPA contract was a power cost liability and without TMPA contract provisions the value was greater as a generating resource than the value of any sale 461 City of Denton city Council Minutes'~ ~:~~% April 11, 1995 Page 3 proceeds, (4) future competitive problems, could contribute to TMPA debt repayment problems, and (5) all actions should be taken to reduce future power costs within the TMPA arrangement. TMPA strategic initiatives included modifying the TMPA contract to allow greater flexibility with native generation, taking immediate steps to reduce TMPA operation, maintenance and administrative costs and exploring options for Gibbons Creek which included the conversion to western coal, contract plant operations, sale opportunities, and new relationships with power suppliers. The assessment recommended the following Denton strategic initiatives (1) actively contribute to TMPA contract revisions by participating in actions being considered and evaluating the impact of the proposed actions; (2) actively participate in the assessment of Gibbons Creek options by insisting on a consideration of a wide range of options such as fuel supply conversion, contract operating and maintenance services, and the sale of generation assets; (3) evaluate the impact of these proposed actions; (4) continue an assessment of alternatives to improve the Spencer Plant performance and increase capability by additional detail repowering reviews and investigating developer participation in repowering; (5) continuing an evaluation of potential purchase power opportunities developing in a competitive marketplace; and (6) considering demand-side options within a revised TMPA framework. The assessment recommended an approach to the Denton power supply planning which assumed a greater flexibility in the TMPA contract and developed a power supply plan considering a revised plan for the Gibbons Creek unit, additional evaluation of the Spencer unit repowering and upgrades, revised opportunities with TMPA members and power purchase opportunities. Council Member Cott asked what would be the investment cost for the Spencer Plant in order to use it. Moore replied that currently the Spencer Plant was very operable. It would be best to find a higher efficiency in its workings. To determine what level to repower might cost approximately $20 million to provide 50 megawatts of combined cycle capacity at a much lower power cost than currently was available. Council Member Cott asked if this could be done while the City still had a large debt with TMPA. Moore replied that that appeared to be.one of the viable options because it was necessary to be sure to provide cost competitive power for the community. Council Member Miller stated that Moore mentioned the up front payment of debt in order to keep from the large end payment. Was 462 City of Denton City Council Minutes April 11, 1995 Page 4 that something which could be done unilaterally or did it have to be followed by all four members of TMPA. Bob Nelson, Executive Director for Utilities, stated that that was something which all four members would have to handle and do at the TMPA structure itself. That would be a major issue which the four cities would have to work on in the next several months. Council Member Miller asked if the regulators would allow some of this to be phased in or would there be an automatic disadvantage to some of the older utilities. Moore felt that the process would help phase it in. Regulatory change took a long time and that should help with the adjustments. Competition would be introduced but would not be a sudden change. Council Member Miller asked if there was a state where this had been deregulated to the point where utilities which had made investments had suffered at this point. Moore stated that there had been some deregulation on the generation side which had placed pressures on the utilities. Some utilities continued to find a strategy to supply power at perhaps a higher cost. The most significant shift was the actual merging or transition of assets in an ownership arrangement. Council Member Perry asked for the advantages to Denton for native generation. Moore replied that the advantage of the Spencer Units was that there was a fair amount of installed capacity at a very low cost with a small amount of debt. That capacity should be leveraged into a more cost effective power supply program. Cogeneration and repowering was done around the country and was desirable as it did not cost as much. 2. The Council received a report, held a discussion and gave staff direction on the acceptance of Mastercard, Visa, and the Discover Card. Kathy DuBose, Executive Director for Finance, stated that the City had credit card proposals from Mastercard, Visa and Discover. The City started accepting Mastercard and Visa for payments for municipal court fines and fees, taxes, and utilities in 1989. In 1990 Visa stopped their acceptance by municipalities which required the payment of a surcharge. In working through the issue with the Legal Department, it was determined that the City could not pay the surcharge on behalf of the City's customers as that constituted 463 City of Denton city Council Minutes~';~':~'~;~ ~ April 11, 1995 Page 5 providing free service to those customers. The City received an extension from Visa in order to work through options which allowed the City to pass though the service charge. The current proposals incorporated a surcharge which was less than the current surcharge. The proposal also included telepay to pay through the telephone. This was considered a customer service enhancement for the citizens of Denton. Council Member Cott asked if there was an additional charge to use the Discover card. DuBose replied that if a payment were charged on a Discover card, there would be a 1% surcharge on the payment. For Mastercard and Visa there would a 2 1/4% surcharge. Mayor Pro Tem Brock stated that the State law did not allow the City to pay the surcharge on the customers behalf. DuBose replied correct. Mike Bucek, Acting city Attorney, stated that the customers were now paying the surcharge where before the city was paying that surcharge. Brock motioned, Smith seconded to allow the use of the three credit cards. On roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. The Council received an update on the Denton Together activities. Due to a time constraint, this item was considered under Miscellaneous Matters from the City Manager. The Council convened into a Regular Meeting on Tuesday, April 11, 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Perry, Miller and Smith. ABSENT: Council Member Cott 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 464 City of Denton city Council Minutes April 11, 1995 Page 6 2. The Council considered approval of the minutes of March 7, 21, 22, and 28, 1995. Perry motioned, Brock seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Requests A. The Council considered a request from the REZ Week Planning Committee for an exception to the noise ordinance for the use of amplified sound Thursday, April 20, 1995, until 12:30 a.m. Council Member Cott joined the meeting. Veronica Rolen, Administrative Assistant, stated that the Cross Road Campus Ministries requested an exception to the noise ordinance for April 20th at the intersection of Hickory and Fry Streets. The organization was also requesting a portion of Avenue A be closed for the concert. The portion of street to be closed was 50' of the public street and included 8 parking spaces. The adjoining property owners had signed a request and there appeared to be no opposition to the request. Anthony Mauzy stated that this was a two day Christian concert series. The concept of the concert was to showcase different styles of Christian music. He was requesting an extension of the noise ordinance until 12:30 a.m., but would be willing change it to midnight if necessary. Smith motioned, Chew seconded to approve the exception until 12:30 a.m. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the Yard of the Month Awards to: Henry Shoopman - State Farm Insurance Ms. Lain Erwin Wayne Mitchell/Marcia Staff Steve and Janice Spurgin Pat Cramer Mayor Castleberry presented the following proclamations: Professional Secretaries Week Fair Housing Month 465 City of Denton City Council Minutes~,, ~ April 11, 1995 Page 7 National Community Development Block Grant Week Week of the Young Child Keep America Beautiful Month and Earth Day 4. citizen Reports A. The Council received a citizen report from Dessie Goodson regarding various issues with the city. Ms. Goodson stated that for the past three years she had spoken to the Council regarding violations of SPAN. She detailed violations she noted regarding the SPAN drivers and violations on the route. She indicated that she would keep reminding SPAN and the Council of the violations. B. The Council received a citizen report from Valeree Clegg regarding parking fines on the Square. Ms. Clegg stated that when the increased parking fines went into effect, the Denton Record-Chronicle had quoted her in the paper and she felt that there were some items which needed to be brought to the City Council's attention. Shop owners and business owners on the Square were the primary violators of the parking problem. They parked on the Square every day and moved their cars every two hours to avoid the parking limitation. She felt that the solution would be to install parking meters. Currently violators would not receive tickets as they moved their cars every two hours. The meters would make them park somewhere else. Local patrons and out- of-town patrons suffered the consequences with the higher parking fines. Parking meters would make shoppers aware that they would be paying for their parking. High fines gave a message that Denton was not customer/business friendly. It was difficult to shop all of the businesses on the Square in two hours. She asked for a solution to the problem as the high fine was not a solution. Mayor Castleberry stated that her suggestion would be passed on to the Downtown Association. C. The Council received a report from Frenchy Rheault regarding the lack of accessible transportation for people in wheelchairs in the City of Denton to outside the City of Denton. Mr. Rheault stated that this was a serious problem in Denton. If a handicapped individual was going to or from Denton from the DFW Airport, there was no one to call to transport that individual. He had a van with a wheelchair lift but others in the City were not in that same situation. He cited two examples of individuals in wheelchairs who were unable to get to Denton because no public 466 City of Denton City Council Minutes April 11, 1995 Page 8 transportation was available for handicapped individuals. He asked Council to look into this issue to help with the situation. Mayor Castleberry asked staff to look into this situation. D. The Council received a report from Joel Bessire regarding a change in City ordinance 6.13 - 6.13A to allow residents to keep pot bellied pigs in the City limits. Mr. Bessire stated that other cities had addressed this issue with ordinances. Irving indicated no problems since establishing their ordinance, Arlington had had no rush for permits, Carrollton had passed an ordinance in September 1991 with no problems, Garland currently had a policy in effect which allowed one pig per family and was in the process of establishing an ordinance to allow pigs in the city. Lewisville indicated a problem with individuals giving up the pigs and odor complaints. Lewisville had recently revamped their animal control ordinance with a citizens task force and the new ordinance would permit an honest responsible owner to have pigs in city limits. Possible restrictions for allowing pot bellied pigs might include no more than 2 pigs per household, pigs would be kept indoors except for limited times, and an vaccination. On application fee and the pigs had to meet the standards of the North American Pot Bellied Pig Association. He had collected 100 signatures on petitions requesting a change in the ordinance. He asked the Council to reconsider its previous decision and to change the ordinance. Surrounding communities had done so with little or no problems. Karen Cason King stated that she was aware of the swine laws in most city ordinances. She knew that no one wanted to live next to a swine operation. She appealed to the Council to change the ordinance. Pot bellied pigs were not the same as regular swine. Pot bellied pigs were imported to the United States for the sole purpose of being pets. They did not meet the definition of livestock but did meet the definition of pets. Pot bellied pigs did not howl at night, did not have an odor, and did not dig. Valorie Tynes stated that she was a veterinarian who provided care to pot bellied pigs. It was well known that swine were very intelligent and these animals made good pets. Pot bellied pigs were small, could be litter trained, and did not transmit disease. They were not considered an exotic pet and had to see a veterinarian twice a year due to limited length of vaccinations. Allowing these animals in the City limits would not cause a large increase in the numbers such as with dogs and cats. She urged the Council to amend the ordinance as long as the animals conformed to the standards of the North American Pot Bellied Association. 467 City of Denton City Council Minut~!~ ..... !~!~ :!i< April 11, 1995 Page 9 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Planned Development No. 18, and adopting a detailed plan. The 21.1566 acre site, known as the Safety-Kleen Recycling Center, was located on the east side of Cooper Creek Road, between Mingo Road and University Drive. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Executive Director for Planning and Development, stated that this was an amendment to a planned development which was originally adopted in 1974 and had since had a number of amendments as the business expanded. Two significant changes included a 100' tall stack to use for distillation on the facility and a treatment facility on the site. The addition would take all of the emissions and pipe them into the treatment building before being released into the atmosphere. The Mayor opened the public hearing. Larry Eisenhower stated that he would answer any questions of the Council. He asked for Council approval of the proposal. Council Member Miller asked if the improvements would take care of environmental issues. Eisenhower stated that one section would install emission controls and that they had contacted the State for a new air emiSsion permit. Joy Powell stated that she had been in opposition to Safety Kleen for 10 years. Ten years ago it was indicated that scrubbers would take care of the fumes and at this point they had not been installed. The chemicals she had to breath were extremely hazardous. The facility might be beautiful but the smells were not. She knew that Safety Kleen intended to bring its Oklahoma plant to Denton which had not been mentioned. Safety Kleen had installed a railroad spur which was 160 feet from her house. The noise from the plant kept her awake now and it was hard to imagine what a railroad spur would do. Council Member Chew asked if Ms. Powell was aware this proposal might eliminate some of these problems. Powell indicated that the scrubber was still not connected after 10 years. A chemical plant had recently exploded in Houston. If this happened here and the wind was just right, all of Denton would be destroyed. 468 City of Denton City Council Minutes April 11, 1995 Page 10 Council Member Chew asked about the scrubbers. Eisenhower replied that the State typically took six months to approve a revised air permit. He expected approval in the October/November time frame and planned to ask the State for permission to begin construction ahead of time. Council Member Perry asked if the process removed particulate matter and eliminated any further hazard or just-cleaned it. Eisenhower stated that emission would be collected from the total site. The process would destroy any of the organics with the scrubber taking out any final chemicals. This process would eliminate emissions in the 90-95% range. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-066 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 18 (PD-18) AS SHOWN IN THE ATTACHED DETAIL PLAN FOR 21.1566 ACRES OF LAND IDENTIFIED AS LOT lA OF THE MARG-SAM ADDITION SITUATED THEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Miller seconded to adopt the ordinance. Council Member Miller stated that he understood the concern of the neighbors. This proposal would help improve the situation rather than detracting from the situation. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Council Members Miller and Cott the left meeting at 8:15 p.m. Brock motioned, Chew seconded to approve the Consent Agenda. On roll voted Brock "aye", Smith "aye", Chew "aye", Perry "aye"~ and Mayor Castleberry "aye". Motion carried unanimously. 469 City of Denton City Council Minutes-~'~:~':~ ~ April 11, 1995 Page 11 A. Bids and Purchase Orders: 3. 4. 5. Bid #1727 - Self-Contained Breathing Apparatus (SCBA) Bid #1740 - Sale of Fire Trucks Bid #1741 - Polymere For Water Production Bid #1745 - Wire and Cable Bid #1752 - Trailer Mounted Power Rodder & 3 Reel Trailer B. Tax Refund 1. Don E. Hickey - $1,309.71 7. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 7.A. - 7.B. Council Member Miller returned to the meeting at 8:17 p.m. A. NO. 95-067 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. (6.A.1. - Bid #1727, 6.A.3. - Bid #1741, 6.A.4. - Bid #1745, 6.A.5. - Bid #1752) B. NO. 95-068 AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE SALE OF CERTAIN EQUIPMENT OWNED BY THE CITY OF DENTON. (6.A.2. - Bid #1740) Perry motioned, Chew seconded to adopt the ordinances. 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 at 8:18 p.m. 8. Ordinances A. The Council consider adoption of an ordinance amending Ordinance No. 95-054 relating to the award of Bid Number 1733 for the purchase of service bodies and crane to provide for the purchase of one crane/service body, Bid Item #3. (Bid #1733) Tom Shaw, Purchasing Agent, stated that the original award was not in compliance with the specifications of the bid. The award was 470 City of Denton City Council Minutes April 11, 1995 Page 12 for a crane body and not for the standard reinforced body which was bid. He recommended that the original award be rescinded and to award the low bid meeting specifications. The following ordinance was considered: NO. 95-069 AN ORDINANCE AMENDING ORDINANCE NO. 95-054 RELATING TO THE AWARD OF BID NUMBER 1733 FOR THE PURCHASE OF SERVICE BODIES AND CRANE TO PROVIDE FOR THE PURCHASE OF ONE CRANE/SERVICE BODY, BID ITEM #3; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; 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 considered adoption of an ordinance authorizing the Mayor to execute an Amendment No. 1 to agreement between the City of Denton and Morrison Milling Company for lease of warehouse space at 601 East Hickory Street. City Manager Harrell stated that this item had been discussed at the last work session and extended the lease on the space at the Denton Municipal Complex for an additional five year period. The following ordinance was considered: NO. 95-070 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY FOR LEASE OF WAREHOUSE SPACE AT 601 EAST HICKORY STREET; AND PROVIDING 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. C. The Council considered adoption of an ordinance repealing Section 28-63(b) of Chapter 28, Article III of the Code of Ordinances relating to the required use of metal raceways for interior electrical work in certain types of structures; providing that Section 28-61 of Chapter 28, Article III of the Code of 471 City of Denton City Council Minutes~ .... ~ ~; April 11, 1995 Page 13 Ordinances adopting the National Electric Code shall remain in full force and effect; and providing for publication. (The Electrical Code Board recommended approval.) Frank Robbins, Executive Director for Planning, stated that the proposed ordinance would amend the conduit provision of the Electrical Code for wiring installation. The local amendment which had been adopted by Denton was more strict than the National Code and it was recommended that it be deleted and the National Electrical Code standards be adopted. Mayor Pro Tem Brock asked how conditions had changed since the local amendment was adopted. Robbins replied that the quality of wiring had improved as had technology during the years. The following ordinance was considered: NO. 95-071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS REPEALING SECTION 28-63 (B) OF CHAPTER 28, ARTICLE III OF THE CODE OF ORDINANCES RELATING TO THE REQUIRED USE OF METAL RACEWAYS FOR INTERIOR ELECTRICAL WORK IN CERTAIN TYPES OF STRUCTURES; PROVIDING THAT SECTION 28-61 OF CHAPTER 28, ARTICLE III OF THE CODE OF ORDINANCES ADOPTING THE NATIONAL ELECTRIC CODE SHALL REMAIN IN FULL FORCEAND EFFECT; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Brock 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. D. The Council considered adoption of an ordinance authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended. Council Member Chew left the meeting with potential conflict of interest. Joseph Portugal, Assistant to the City Manager, stated that approval of the o~dinance would authorize the City Manager to aDDlY and receive Section 9 funds to support public transportation in Denton. 472 City of Denton City Council Minutes April 11, 1995 Page 14 Mayor Pro Tem Brock asked if there was any indication of changes in federal funding. Portugal replied no and that the National League of cities was monitoring the situation. There was an expectation that there might be cuts in Section 9 funds and when this might occur was not known at this point in time. Mayor Pro Tem Brock stated that the project would move ahead with the assumption that the funding would be the same. Portugal replied correct. The following ordinance was considered: NO. 95-072 AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Chew returned to the meeting. E. The Council considered adoption of an ordinance approving Amendment No. 3 to an agreement between the City of Denton and the Denton Independent School District relating to holding their elections jointly in the election districts that can be served by common polling places. Jennifer Walters, City Secretary, stated that the DISD had requested an additional polling location in Corinth so that the residents in the southern portion of its district would not have to come all the way to Denton to vote for school district trustees. The polling loca%ion would be only for those voters residing outside the City limits but inside the DISD boundaries. The following ordinance was considered: NO. 95-073 AN ORDINANCE APPROVING AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT RELATING TO HOLDING THEIR ELECTIONS JOINTLY IN THE ELECTION 473 City of Denton City Council MinUt~~ ..... ~ April 11, 1995 Page 15 DISTRICTS THAT CAN BE SERVED BY COMMON POLLING PLACES; AND PROVIDING FOR AN EFFECTIVE DATE. Perry 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. F. The Council considered adoption of an ordinance ratifying the action of the City Manager to executing a Takeover Agreement between the City of Denton and International Fidelity Insurance Company relating to completion of the construction of the branch library. Mike Bucek, Acting City Attorney, stated that this item related to the branch library. The City had had trouble with the contractor and there was much conflict with the subcontractors with a general deterioration of the quality of the work. Several months ago, the Council authorized the termination of the contract with the original contractor. The Insurance Company agreed to take over and complete the project. He stated that there had been good documentation of the work which allowed the Insurance Company to detail, fault of the contractor and allow take over of the work. The following ordinance was considered: NO. 95-074 AN ORDINANCE OF THE CITY OF DENTON, TEXAS RATIFYING THE ACTION OF THE CITY MANAGER IN EXECUTING A TAKEOVER AGREEMENT BETWEEN THE CITY OF DENTON AND INTERNATIONAL FIDELITY INSURANCE COMPANY RELATING TO COMPLETION OF THE CONSTRUCTION OF THE BRANCH LIBRARY; AND PROVIDING AN EFFECTIVE DATE. Smith 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. G. The Council considered adoption of an ordinance authorizing the Mayor to execute an interlocal agreement with the County of Denton for the reconstruction of West Shady Shores Road. City Manager Harrell indicated that Council had discussed this item at an earlier work session. Council Member Cott felt that there would be a drainage issue here similar to the one on Ryan Road. 474 City of Denton City Council Minutes April 11, 1995 Page 16 Svehla replied that the drainage structure was in place with this project and would only be a paving project. This was not an overall rebuilding project. The following ordinance was considered: NO. 95-075 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF DENTON FOR THE RECONSTRUCTION OF WEST SHADY SHORES ROAD; AUTHORIZING THE EXPENDITURES OF FUNDS THEREFOR; 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 authorizing the Mayor to execute a right-of-entry permit between the City of Denton and the U.S. Army Corps of Engineers, Ft. Worth District, in order to construct a drainage ditch and maintenance road and to perform other construction work as necessary in accordance with the approved plans and specifications for the Ray Roberts Lake Seepage and Drainage Control Project. Bob Nelson, Executive Director for Utilities, stated that this ordinance would grant a construction easement to the Corps of Engineers to build a drainage channel across City property at the new Ray Roberts Water Plant. The Corps had seepage problem at the Lake Ray Roberts Dam and the utility work was needed to correct the problem. The following ordinance was considered: NO. 95-076 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A RIGHT-OF-ENTRY PERMIT BETWEEN THE CITY OF DENTON AND THE US ARMY CORPS OF ENGINEERS, FT. WORTH DISTRICT, IN ORDER TO CONSTRUCT A DRAINAGE DITCH AND MAINTENANCE ROAD AND TO PERFORM OTHER CONSTRUCTION WORK AS NECESSARY IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS FOR THE RAY ROBERTS LAKE SEEPAGE AND DRAINAGE CONTROL PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Chew 475 City of Denton city Council MinUteS'~ April 11, 1995 Page 17 "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimous ly. I. The Council considered adoption of an ordinance amending Ordinances 86-172, 88-003 and 88-126 by amending the detailed plan for Planned Development No. 119 (PD-119), located on the northeast corner of U. S. Highway 380 and Old North Road, with respect to 0.494 acres of the 18.24 acres therein contained, as shown in the detail plan amendment attached as Exhibit B. (The Planning and Zoning Commission recommended approval 4-0.) City Manager Harrell indicated that this was a housekeeping item as the ordinance caption had not been published in the newspaper as was required by law. Council had previously approved the case and this item would again ratify the ordinance for publication purposes. The following ordinance was considered: NO. 95-077 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 86-172, 88-003 AND 88-126 BY AMENDING THE DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 119 (PD-119), LOCATED ON THE NORTHEAST CORNER OF U.S. HIGHWAY 380 AND OLD NORTH ROAD, WITH RESPECT TO 0.494 ACRES OF THE 18.24 ACRES THEREIN CONTAINED, AS SHOWN IN THE DETAIL PLAN AMENDMENT ATTACHED AS EXHIBIT B; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Cott 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. J. The Council considered adoption of an ordinance retaining Katherine Thoms to provide part-time municipal court prosecutorial services on certain dates between April 12 - September 29, 1995. Mike Bucek, Acting City Attorney, stated that one of the City's prosecutors would be out of the office on his honeymoon and the other prosecutor would be on maternity leave. This individual would be used for both evening cases and day cases where needed. The following ordinance was considered: 476 City of Denton City Council Minutes April 11, 1995 Page 18 NO. 95-078 AN ORDINANCE OF THE CITY OF DENTON, TEXAS RETAINING KATHERINE THOMS TO PROVIDE PART-TIME MUNICIPAL COURT PROSECUTORIAL SERVICES ON CERTAIN DATES BETWEEN APRIL 12, 1995 AND SEPTEMBER 29, 1995; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Cott 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. K. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Missouri Pacific Railroad Company regarding the exchange of certain property along the abandoned Dallas line between Prairie and Hickory Streets and the conveyance of a freight depot and certain railroad right-of-way for public parking and Rails-To Trails purposes. Mike Bucek, Acting City Attorney, stated that this item had been discussed with Council at a number of meetings. With the movement of the Human Resources Department and the Denton Municipal Complex there was a need for more parking spaces. The City had been negotiating with the Railroad to use its surplus property in the area and to move the old depot located in the area. The negotiations had been completed and were a benefit to both organizations. The following ordinance was considered: NO. 95-079 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND MISSOURI PACIFIC RAILROAD COMPANY REGARDING THE EXCHANGE OF CERTAIN PROPERTY ALONG THE ABANDONED DALLAS LINE BETWEEN PRAIRIE AND HICEORY STREETS AND THE CONVEYA/~CE OF A FREIGHT DEPOT AND CERTAIN RAILROAD RIGHT-OF-WAY FOR PUBLIC PARKING AND RAILS-TO-TRAILS PURPOSES; 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. 477 City of Denton city Council Minutes April 11, 1995 Page 19 L. The Council considered adoption of an ordinance retaining a law firm to represent the city in negotiations or litigation with General Telephone Company of the Southwest ("GTE") over its failure to produce records required by a city audit and failure to remit delinquent franchise fees. Kathy Harless, GTE Regional President, stated that this action would escalate this issue especially in light of the fact that Southwestern Bell and several other Texas cities had come to a tentative agreement with right-of-way issues. Not all of the details of that agreement were known at this time and she believed that more time was needed in order for the City of Denton and GTE to reach an agreement. She again offered a non-binding mediation to the city. GTE had not hired any outside attorney as they believed they could settle the matter between the City and GTE. She asked the Council to table the issue until GTE had the details of the Southwestern Bell settlement. Council Member Chew asked how long Harless felt it would be before those details were known. Harless replied about 30 days. Council Member Cott asked Harless if GTE would be willing to waive any of the monies GTE might owe the City if legislation changed. Harless asked if Council Member Cott was referring from the past. Council Member Cott stated from today. If the city waited 30 days would GTE waive that. Harless stated that GTE was willing to work with the City and willing to do what was best for both entities. Mike Bucek, Acting City Attorney, stated that the question was whether to retain a lawfirm to assist the city in the negotiations and if the negotiations failed, that firm would take legal action on the City's behalf. The City had a certain responsibility to evaluate the franchise and the Charter provisions and were they being violated. One of the problems encountered during negotiations was that the Charter preempted the franchise and indicated that 2% of the gross revenues~which GTE received in the City of Denton had to be remitted to the City for franchise fees. Non-binding arbitration could not be utilized by the City as the Charter required the City to seek tho~ fundm. If a m~diator indicated that GTE did owe the money, the mediator had no way to bind GTE and had no way to comply with the Charter provision. Denton was one of a few cities which had a Charter provision which 478 City of Denton City Council Minutes April 11, 1995 Page 20 preempted the franchise. He was not sure why GTE would need an additional 30 days as the City had been communicating with them for at least 2 weeks. GTE had indicated that the new franchises of Southwestern Bell cities would be a lump sum figure franchise and would not be a percentage of gross receipts. Talking with Southwestern Bell would not help as the Charter provision prevented the City from entering into such a franchise. It was known that the settlement with Southwestern Bell and the 57 cities was in excess of $25 million. It was also known that the City proceeded knowing about that case and knowing that it might be entitled to 2% gross receipts on which GTE had not paid. The City had been requesting records and the Council had passed two resolutions informing GTE of its failure to allow the City access to records in order to perform an audit. This was a breach of the City's Charter and a breach of the franchise. Ever since the Council had passed those two resolutions, the City had not received one additional document relating to that audit from GTE. The issue with the Southwestern case was that when a long distance carrier such as MCI or ATT paid GTE money to use the local exchange lines, that was compensation which should be figured into the gross receipts. GTE had failed to admit to that. Southwestern Bell differed in that position and eventually settled the case. The City's Charter provisions had to be complied with. Whenever there was the possibility of a shortage of funds being paid to the City by anyone who had a contract with the city, the city would take them to task. The city's figures indicated that approximately $4-5 million in delinquent franchise fees were due to the City. Under the State constitution, the city could not give a gift to anyone the City had a contract with. The City could only comply with the contract or had to get something for the money which was being waived. In this situation, there was $4-5 million that if the City had received, would be in the general fund which could be used to underwrite projects. The failure to do so resulted in the taxpayers having to pay higher taxes for the reason that GTE had not properly paid the funds due to the City. The ordinance indicated that the blanks for the name of the lawfirm would be Casstevens and Casstevens if so desired by the Council. Between this date and noon of April 25, if GTE failed to produce records or remit delinquent fees, Casstevens and Casstevens would concern of the Council that funds which GTE failed to pay was a decision made by GTE. Their failure to pay should result in their stockholders equity being reduced or through some source other than the ratepayer in Denton. Presently GTE had a tariff which indicated that any delinquent fees assessed to them would be charged to the ratepayers. Based on that, the Council would be authorizing Casstevens and Casstevens to file an appropriate plea to the Public Utility Commission to have that automatic pass through voided. The ordinance also stated that as Casstevens and 479 City of Denton City Council MinUtes April 11, 1995 Page 21 Casstevens went to the Public Utilities Commission with these issues, they should ask the Public Utilities Commission to consider the pass throughs. There was a need to look at the conditions which the monopoly GTE was using to determine whether there should be a pass through. Those three items were: if the monopoly had excess profits, if there were legal prohibitions against retroactive rate making, and if there was an issue of allocation of cost among classes of users. If people were not using long distance service in Denton, why should they be subject to a pass through. The pass through needed to be allocated to the user of the service. The ordinance retained the firm of Casstevens and Casstevens to proceed on those two points. Section five would note the date of April 5 for the bid date of Casstevens and Casstevens. Council Member Perry felt that there was a consideration of honoring the contract between the city and GTE. The City had done so but not GTE. He felt that it was reasonable for City, after such a long period of time, to move on to other means to obtain the records. The following ordinance was considered: NO. 95-080 AN ORDINANCE OF THE CITY OF DENTON, TEXAS RETAINING A LAW FIRM TO REPRESENT THE CITY IN NEGOTIATIONS OR LITIGATION WITH GENERAL TELEPHONE COMPANY OF THE SOUTHWEST ("GTE") OVER ITS FAILURE TO PRODUCE RECORDS REQUIRED BY A CITY AUDIT AND FAILURE TO REMIT DELINQUENT FRANCHISE FEES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. Council Member Miller stated that there was no question that there was a dispute between the City and GTE. He did not defend the actions of GTE but did not feel that the City had exhausted all of the negotiation process. Writing letters was not negotiation and he felt there should have been more negotiations on both sides. He was concerned about the process and not being able to meet face to face regarding the issue. The proposed process was not appropriate at this time and felt it made sense to defer the process for another 30-40 days instructing staff to participate in personal negotiations. If an impasse was then reached, proceed with the ordinance. It was easy to take the action but, once started might be hard to stop. He felt that not enough had been done to take this action at this time. 480 City of Denton City Council Minutes April 11, 1995 Page 22 Council Member Cott agreed that writing letters was not the appropriate way to proceed. He recommend delaying the ordinance. Mike Bucek, Acting city Attorney, stated that one problem was that parties could not agree unless the legislation provided for such a waiver. The problem was that the Legislature was in session and an amendment might be made to the Public Utilities Act to waive delinquent fees owed by GTE or Southwestern Bell to cities. There was no direction to file suit for two weeks. If the firm was able to work out the issue within that time frame, the door for negotiation would not be closed. Mayor Castleberry stated that the City had been going over this with GTE for a long time. GTE had not been responsive and kept indicating a mediator. He saw no reason not to pass the ordinance. On roll vote, Brock "aye", Cott "nay", Miller "nay", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. 9. The Council considered an appointment to the Denton County Ray Roberts Lake Planning and Zoning Commission. City Manager Harrell stated that the State statute specified the Mayor to serve as a member of the Denton County Ray Roberts Lake Planning and Zoning Commission. The Mayor's term had expired and a motion was needed by the Council to reappoint the Mayor to the Commission. Smith motioned, Brock seconded to appoint the Mayor to the Denton County Ray Roberts Lake Planning and Zoning Commission. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. The Council considered a nomination to the North Central Texas Council of Government's 1995-96 Executive Board. City Manager Harrell stated that Council Member Miller was current representative to the NCTCOG Executive Board. The term of office on the Board was normally two years. It was recommended that Council Member Miller be renominated to the Board. Perry motioned, Brock seconded to nominate Jack Miller to the North Central Texas Council of Government's Executive Board. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 481 City of Denton City Council MinUt~es' ~ '~ ~' April 11, 1995 Page 23 11. The Council considered a nomination to the Cable T.V. Advisory Board. Council Member Miller nominated Mark Burroughs. 12. The Council reconsidered the motion not to amend the animal control ordinance pertaining to pot bellied pigs in the Denton city limits. City Manager Harrell stated that at the last study session of the Council, Council Member Cott, after discussion, made a motion to not to amend the animal control ordinance relating to pot bellied pigs. That motion passed on 6-1 vote. In accordance with the Council's rules, one of the Council Members who voted on the prevailing side had to ask that this item be reconsidered. Mayor Pro Tem Brock, a member of the prevailing side, could make a motion to reconsider Council Member Cott's original motion. If such a motion was made, seconded and approved, it would be back on the floor as the original motion to not amend the ordinance. That motion would be available for discussion. Council Member Chew indicated that Section 7.11 of the Council's rules indicated that a reconsideration would be at the "next meeting". Mike Bucek, Acting City Attorney, indicated that this was the first official meeting as the last meeting was a work session. Council Member Perry asked if a work session was an official meeting of the Council. The Council's rules stated that a motion to reconsider could be made not later than the next official meeting. Bucek stated that the City's Charter indicated that the Council would meet the first and' third Tuesday of the month which were interpreted to be the Council's official meetings. The Council's new rules had not looked at that issue. Council Member Perry felt that there was a need to suspend the rules to be procedurally correct. Perry motioned, Brock seconded to suspend the rules to reconsider the motion. On roll vote, Brock "aye", Cott "nay", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "nay". Motion carried with a 5-2 vote. Brock motioned, Miller seconded to reconsider the motion to not amend the animal control ordinance. 482 City of Denton City Council Minutes April 11, 1995 Page 24 Mayor Pro Tem Brock felt that it was wrong calling pot bellied pigs swine or livestock. She previously had a concern that amending the ordinance might open the door to different kinds of animals being requested to be allowed in the city. There were two issues in determining whether people had the freedom to keep certain animals as pets. One was danger to other citizens and the second was a nuisance. Dogs and cats created nuisances for neighbors. She felt there would be no danger with these animals and there might be fewer nuisances than with dogs and cats. She thought that the Council needed to be more open to the issue and requested Council reconsider the motion. Council Member Miller stated that he would vote for the reconsideration for three reasons. One was that the issue was considered at a work session at the request of Council due to a citizen report. Council asked staff to contact other cities to determine procedures. Most of the area cities had ordinances allowing pot bellied pigs which seemed to work well. He felt there was a need to go to the next step and request staff to prepare a well drafted ordinance. This action would not approve pot bellied pigs in Denton but would allow an ordinance to be considered. Council Member Cott stated that Denton was one of the few communities in Denton County which would grow into a big city and cities did not have that kind of animal on its streets. Mayor Castleberry stated that pigs grew into hogs and were called swine. Mayor Pro Tem Brock stated that an ordinance could put restrictions on the animals. Ordinances in other cities restricted the size of the pigs and had a registration fee for the animals. Council Member Perry stated that pigs could make a fine pet but he was not willing to open the door and not willing to vote for keeping pot bellied swine in the City limits. Council Member Miller stated that larger cities allowed these animals and had controls to limit those anlmal~. The Council would not be passing an ordinance at this point but he was just asking to have an ordinance to consider. Mayor Castleberry stated that a motion and second had been made to reconsider the motion not to amend the animal control ordinance. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 2-5 vote. 483 City of Denton City Council Minutes April 11, 1995. Page 25 13. vision Update Council Member Miller stated that a report would be given to the cabinet at its next meeting from the "work" group. There was still an opportunity for citizens to participate in the Vision process. 14. Miscellaneous matters from the City Manager. The Council returned to the Work Session Item. 3. The Council received an update on the Denton Together activities. Joseph Portugal, Assistant to the City Manager, stated that clean- up, fix-up activities had been done by the students from UNT and TWU. Landscaping had been done at an area residence plus several adopt-a-spot locations. The railroad bridge over Robinson had been painted and an area church would monitor it for any new graffiti. Musical entertainment was provided to area nursing and retirement homes. The civic Leadership Day was a success with a joint meeting of the student leadership of the two universities. A Just for Kids field day was held for area youth. He felt the activities had been a positive success for Denton and the two universities. Lloyd Harrell, city Manager, presented the following items: A. The Council received a report concerning the latest honorees added to the Wall of Honor. City Manager Harrell indicated that another quarter had been completed for the Wall of Honor. Sixteen new letters had been added to the Wall and would remain displayed for the next three months. This program continued to be well received by the employees and spoke well of City employees. B. The next meeting of the TMPA Board of Directors would be April 20th with a van leaving for Gibbons Creek early that morning. Most of the cities, through their appropriate bodies with staff input, had concluded that the switch to western coal made sense. The Garland city Council had sent instructions for their two board members to abstain from a vote on a motion to change to western coal. The other three cities felt that the switch over should proceed. He had sent a communication regarding the percentage share of the Gibbons Creek cost to be assumed by each member to the other three city mangers after briefing the Council. He had not heard any response to that letter which was directed to Greenville. Today Greenville responded to the letter which rejected the suggested 9.9% share for Greenville and suggested an allocation of 484 City of Denton City Council Minutes April 11, 1995 Page 26 9.5%. After Denton sent the Greenville communication to the other cities, the other cities looked at the allocation of percentages. Denton had been told that at the Planning and Operating Committee meeting, the Garland City Council had sent specific instructions that they did not want an amendment passed which fixed the percentage of cost for each city. They wanted a floating percentage based on fixed energy load. This would hurt Greenville rather than the compromise fixed percentage. He understood that the City of Bryan would be supportive of that fixed energy load. He had instructed Bob Nelson to press for that same percentage at the Planning and Operating Committee meeting. He felt that two recommendations would come from the Planning and Operating Committee meeting. The first would be the proposed power sales contract amendment which contained the division of responsibilities for Gibbons Creek based on net energy load. That would be a floating number to be fixed each year based on the previous year's net energy load. The second recommendation from the Committee would be that the TMPA Board immediately take up the question of allocating costs to the various cities under the current contract and that that be changed to a net energy load number. It appeared that Greenville could kill the amendment as the amendment needed an agreement of all of the cities to pass. It also appeared that a recommendation would be made to the Board that the allocation and cost be changed to the fixed energy load of 11.05% for Greenville. 15. There was no official action taken on Closed Meeting Items discussed during the Work Session Closed Meeting. 16. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Chew requested staff to research wheelchair accessibility to Denton through SPAN. B. Council Member Smith asked for a discussion on a work session relating to the number of horses allowed per acre in the City limits. C. Mayor Pro Tem Brock asked for a work session relating to the parking problem on the Square. D. Council Member Miller asked that the City's policy for street sweeping be looked at in terms of process and equipment failure. 485 City of Denton City Council Minutes April 11, 1995 Page 27 E. Council Member Miller stated that the Council had approved a logo for the City but there were inconsistencies in the design such as the letterhead differing from business cards, etc. F. Council Member Miller suggested having a city-wide forum' once or twice a year. G. Council Member Miller stated that he would be testifying before the Texas Senate Natural Resources Committee regarding a bill which would allow tipping fees to be returned to the local communities. H. Mayor Castleberry stated that he had been asked to serve on the National League of cities Planning Committee for the upcoming November meeting in 1995. He asked the Council if they had any ideas for speakers, work sessions, etc. 17. The Council returned to the Closed Meeting to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 With no further business, the meeting was adjourned. Y O~ DENTON, TEXAS CITY OF DENTON, TE7 ACC00269