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Minutes April 25, 1995 CITY OF DENTON CITY COUNCIL MINUTES April 25, 1995 The Council convened into a Closed Meeting on Tuesday, April 25, 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 5:15 p.m. 1. The Council considered the following in a Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered settlement offer relating to delinquent franchise fees owed the City by GTE. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 1. Discussed City Attorney finalists and considered offer of employment. The Council convened into a Special Call Session on Tuesday, April 25, 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 presentation by John Hudson, President of the N.T.W.U.A., to the City of Denton Water Treatment Plant for Best Tasting Water in Texas. Bob Nelson, Executive Director for Utilities, stated that the City would again be receiving the award for the Best Tasting Water in Texas. Mr. Hudson presented a plaque to the Council for the Best Tasting Water in Texas. This was the second year in a row which Denton had received this award. He also presented a plaque to the City in appreciation for City personnel who presented programs for the North Texas Water Utility Association. Mayor Castleberry presented a proclamation for Tree Appreciation Week. 2. The Council considered the process of appointing individuals to serve on a 1996 Celebration Committee in conjunction with the sesquicentennial year for Denton County and give staff direction. 002 City of Denton City Council Minutes April 25, 1995 Page 2 City Manager Harrell stated that the Mayor had received a letter from the Denton County Historical Commission asking Council to participate in the sesquicentennial of Denton County. The Commission asked that the City form a 1996 Celebration Committee consisting of individuals who would like to plan and carry out special events for the celebration. The Council was also asked to name a chair for that committee who would represent Denton on the County Committee. The Committee would meet and develop a list of possible City events and suggested County events. The County Committee needed each committee list by May 1st and a list of events by May 15th. Mayor Pro Tem Brock asked about the structure of the committee. Was it a City Committee, a County Committee or a Historical Commission Committee. Council Member Smith stated that the Committee she was working on was a County committee as it had appeared before the Commissioners Court and they had approved a resolution establishing the Committee. Peggy Caps indicated that Martha Len Nelson and she would be the co-chair of the Denton County Historical Commission Committee. The Commissioners Court also passed a resolution approving a committee which would involve anyone in the County who would be willing to celebrate the event. It was hoped that every community and as many people as possible would be involved in the celebration events. Mayor Castleberry stated that this would be a large county-wide group. Caps replied that anyone who wished to participate would be welcome. Eight subcommittees would be developed to work on the plans. council Member Miller asked if the City needed to establish its own committee or appoint individuals to serve on the Commission's committee. Caps stated that it was hoped that the City would have events of its own and any event would incorporate County events to celebrate. Council Member Smith suggested having someone from the Parks and Recreation staff to serve on the Committee to assist with the handling of events. Mayor Castleberry stated that this item would be placed on the next Council agenda for consideration. 3. The Council received a report, held a discussion and gave staff direction regarding parking signs on the Square. City of Denton City Council Minutes April 25, 1995 Page 3 003 Rick Svehla, Deputy city Manager, stated that there were approximately 100 parking signs on the Square. Several alternatives were available to inform the public regarding the parking fines on the Square. One was to take down the existing signs and make new signs. That would cost approximately $25 per sign plus labor. A concern with this alternative was that the sign would have to be changed if the fines changed. The second alternative would be to add a smaller sign to the existing sign. This alternative would cost approximately $10 per sign. There were many no parking or parking for specific times in the City. If the signs were changed on the Square, it would probably be best to changed the signs at all other locations. Mayor Pro Tem Brock felt that the signs would be more effective if they were separate from the regular sign. Council Member Miller stated that he had' asked for this report as he had seen the signage in another city and felt it might be a good point for Denton. He was in favor of doing the signage around the Square but felt that it would be good to have input from the Downtown Association to see if they felt such signage would help. Mayor Castleberry stated that he would like to have input from the area merchants and from the Downtown Association. Miller motioned, Chew seconded to direct staff to take this issue to the appropriate committees, receive their recommendations and place it on a future work session. On roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The Council received a report, held a discussion and gave staff direction regarding changes to the sound system in the Council Chambers. Richard Foster, Public Information officer, stated that there continued to be difficulties with the sound system in the Council Chambers and with the sound system used by cable t.v. and KNTU radio. The existing system consisted of three components, the microphones, two amplifiers, and six speakers. At times it was difficult to hear speakers in the Chambers and if the input from the microphones was increased, there was a feedback problem. The problem with the radio reception was so bad that KNTU would probably discontinue broadcasting until the sound quality improved. The problems could be resolved by replacing some of the equipment. In addition to replacing the microphones and the speakers, a mixing board should be purchased in order to individually control each microphone and control the sound in the room separately from what was being carried out over radio and television. The cost of this equipment would cost approximately $5-7000. Not all of the problems would be solved with this equipment as the voting board, City of Denton City Council Minutes April 25, 1995 Page 4 light dimmer switches, and HVAC unit also produced some interference. If the Council waited until the Chambers was renovated, an architect could make recommendations regarding what should be done in the audio-visual area. If the council wanted to proceed sooner and depending on the amount of financial commitment, some differences in the quality of sound could be done. Council Member Perry stated that as the renovation committee was already working on this project, he suggested that any modifications to the system wait until their report was completed and then incorporate that report with whatever_was necessary to upgrade the sound system. This would result in a coordinated effort. Council Member Cott agreed that it would not be wise to do the room one piece at a time. He felt it would be best to wait until the price for all of the equipment was known. Council Member Miller stated that he understood that the expenditures were ones which would be used no matter how the room would be remodeled. He felt that if the project could.start now and the equipment could still be used after the remodeling, it would be a great advantage to the production of the meeting. Foster stated that options 4-6 would involve equipment which could be used after the Chambers was renovated. The final version of the Chambers could be different, which would impact the equipment purchased. Waiting until later would provide the benefits of a professional consultant to provide options. Aaron Brody, KNTU Radio, stated there were many options for different microphones. The engineer's opinion was that the system console was the primary component needed at this point in time. Mayor Pro Tem Brock asked if KNTU was currently broadcasting the City Council meetings. Brody replied that the Station was broadcasting the first and third Tuesdays from 7-9 p.m. After discussions with the Station Manager regarding the background hum, it was determined that if the hum could not be corrected the Station would have to discontinue broadcasting. Council Member Miller asked that if the microphones were not replaced would the speakers have to be replaced. Foster replied that part of the problem was that if the microphones were not changed, the volume on the microphones would have to be increased so much that there would be a feedback situation. Council Member Miller asked about the speaker replacement. City of Denton City Council Minutes April 25, 1995 Page 5 Foster stated that if the other equipment was purchased but not the microphones and speakers there would be an improvement in the sound quality. Council Member Perry stated again that he felt it would be better to do this project in connection with the total Chambers renovation. It would be better to wait and do the project with an expert who could provide assistance in connection with the renovations of the Chambers. Miller motioned, Brock seconded to authorize the purchase of a mixing console, transformer, distribution amplifier, compressor/limiter and cables for approximately $3-4 thousand. 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. 5. The council received a rDport and held a discussion regarding transit service to DFW Airport. Joseph Portugal, Assistant to the City Manager, stated that at a prior meeting, Council had received a citizen report regarding transit service to DFW Airport. Council asked staff to research this issue and return with a report. The City received Section 9 funding from the Federal Transit Administration to provide demand response/paratransit service as well as fixed route service. Under those Section 9 provisions, the city was prohibited from engaging in any charter activity of any sort and could not give the appearance of competing with a private provider. There was an airport shuttle service in Denton which went to and from the Airport. officials with the Texas Department of Transportation had indicated that that carrier was licensed by the Texas Railroad Commission. As part of their license the carrier was required to provide service to any citizen in Denton who wished to go to and from the Airport. The issue was the ability of that carrier to provide the service to individuals who had mobility impairments. The private carrier did not provide that type of service as it did not have a lift equipped vehicle. The carrier asked SPAN to provide that type of service. SPAN could not under Section 9 guidelines provide such service. As the carrier was licensed by the RRC, SPAN would be in competition with a private carrier which was already licensed to provide such service. Staff had visited with the carrier and interested citizens to find a resolution to the matter. Under Section 9 provisions, the City could not engage in charter activities as it would be competing with a private carrier licensed to provide such a service. Council Member Perry asked if it would be beneficial to use the offices of the City Council to help individuals who needed assistance and to help the carrier. 0O5 City of Denton City Council Minutes April 25, 1995 Page 6 Portugal stated that staff was very sensitive to the issue. There was an opportunity for staff to visit with the involved individuals to try and resolve the issue. Council Member Smith asked why the carrier was not in violation of ADA compliance if it did not provide the service. Portugal stated that as part of the RRC license and the ADA guidelines, the carrier was required to provide that service. As the carrier did not have the proper equipment, it asked the City, through SPAN, to assist them in providing the service. Council Member Cott asked if bids had been requested from people outside the City. Portugal stated that the City was not trying to do so. The City's responsibility, as a Section 9 recipient, was to provide the City paratransit and fixed route service within the guidelines of the Federal Transit Administration. The issue involved a private for- profit carrier as opposed to a public non-profit recipient of federal funds. Council Member Miller asked if it would be possible to get a waiver if the private carrier indicated a willing to subcontract the service and they would be ones the City would be in competition with. Portugal stated that the Regional Office had indicated that it would not be possible to receive such a waiver. City Manager Harrell stated that the City had specifically talked about a waiver provision with the Federal agency and they gave the advice that an attempt to get such a waiver would be difficult under these circumstances. Portugal stated that the FTA indicated that this would be very difficult to do. Council Member Miller asked if the Agency knew that the carrier which the City would be in competition with was willing subcontract the service. Portugal replied that there was an RRC certified carrier which had the responsibility to provide this service as part of their license. Mayor Pro Tem Brock asked about the possibility that the carrier might subcontract with individuals who had private vehicles properly equipped for such service. City of Denton City Council Minutes April 25, 1995 Page 7 Portugal stated that that was an excellent suggestion. There might be other private opportunities for funding for a properly equipped vehicle. Council Member Chew recommended that staff work with citizens and the carrier to resolve this issue. Consensus of Council was to have staff pursue Council Member Chew's recommendation. 6. The Council received a report, held a discussion and gave staff direction regarding an amendment to the current ordinance regulating the keeping of livestock in the city limits. Mayor Castleberry indicated that a letter had been delivered to the Council asking the Council to postpone discussion of the issue and allow for further discussion. Cott motioned, Brock seconded to postpone the discussion. Council Member smith stated that she had asked for this item to be on the agenda. She was not opposed to having horses in the City limits but the current ordinance allowed for 109 horses on a single acre which she felt was too great a number. She felt that the number needed to be adjusted. On roll vote, Brock "aye" Cott "aye" Miller "aye", Smith "aye" Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered a nomination to the Cable T. V. Advisory Board. Mayor Castleberry indicated that Mark Burroughs was nominated at a previous meeting. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council returned to the Closed Meeting to discuss the following: Be Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered settlement offer relating to delinquent franchise fees owed the City by GTE. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 0O7 OO8 City of Denton City Council Minutes April 25, 1995 Page 8 Discussed City Attorney finalists and consider offer of employment. The Council returned to Open Session and took the following official action: Perry motioned, Smith seconded to approve the following resolution to hire Herbert L. Prouty as City Attorney: NO. R95-027 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPOINTING HERBERT L. PROUTY AS CITY ATTORNEY FOR THE CITY OF DENTON; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR HIS TERMS OF EMPLOYMENT; AND DECLARING AN EFFECTIVE DATE. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5- 1 vote with Council Member Chew abstaining as he was not present for interviews. With no further business, the meeting was adjourned at 9:10 p.m. E- r7 WZ .TE S ~I/~Y SEQRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAF~ / ACC00272