Loading...
Minutes May 2, 19950O9 CITY OF DENTON CITY COUNCIL MINUTES May 2, 1995 The Council convened into a Regular Meeting on Tuesday, May 2, 1995 in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented Yard of the Month Awards to: Dan and Susan Martin Braum's Nikie Brandon Ruth Watson Mayor Castleberry presented a proclamation for Arson Awareness Week. Mayor Castleberry stated that a representative from "Up With People" had asked to address the Council. Andy Hogle stated that "Up With People" was an international student program which strove to build leadership skills among youth and encourage understanding among people with different cultures. The group would be in Denton on the weekend for several performances. 2. citizen Reports A. The Council received a citizen report from Dessie Goodson relating to the sign ordinance and SPAN. Ms. Goodson was unable to attend the meeting. 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning 72.016 acres from the Agricultural (A) zoning district to the single Family 7 (SF-7) Conditioned zoning district and the single Family 10 (SF-10) zoning district. The subject property was located between and adjacent to Kings Row and Loop 288. (The Planning ~nd zoning Commission r~commended approval, 5-0.) City of Denton City Council Minutes May 2, 1995 Page 2 Frank Robbins, Director for Planning and Development, stated that this zoning case was located south of I35, near Kings Row. The SF- 7 zoning had a condition that it would not have an access to Loop 288. This was a decrease in the allocation of intensity in the area. The property owner had worked very closely with the neighbors and had modified his plans to accommodate the neighborhood concerns. The Mayor opened the public hearing. Fred Williams stated that the developer had worked very closely with the neighbors regarding the project. The proposal had been changed in order to be compatible with the current neighborhood and he recommended approval of the project. Brian Burke stated that development would start soon and he would answer any questions from the Council. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-089 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 CONDITIONED (SF-7(C)) AND SINGLE FAMILY 10 (SF-10) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR 72.016 ACRES OF LAND LOCATED BETWEEN KINGS ROW AND LOOP 288; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. Chew 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 4. Consent Agenda Council Member Cott asked that Item #1754 be pulled for discussion. Council Member Cott felt that the City was spending $130,000 on a product which not everyone received and he felt that the City should reduce the solid waste rates or give the money back to the taxpayer. City of Denton City Council<Minutes ~,~ ~<~ ~. May 2, 1995 Page 3 011 City Manager Harrell stated that this was a traditional program sponsored by the City whereby residents, as part of their solid waste charge, were supplied plastic bags to use in disposing of their refuse. From time to time, the Public Utilities Board did look at this issue and had considered discontinuing this program which would slightly lower the monthly charge for solid waste customers. The Board determined that this was a service the residents appreciated and expected, and there would be major concern if the City discontinued this program. The program also provided uniform bags for the trash collectors. Bob Nelson, Executive Director for Utilities, stated that this program cost approximately $.75 per month per customer. The solid waste rate could be reduced by $.75 per month but the customers would have to purchase their own bags. Council Member Miller felt that the system worked very well. Mayor Pro Tem Brock felt that the old system with trash cans was slow and inefficient. The uniform bags allowed for less breakage for the trash collectors. Mayor Castleberry stated that the Council would vote on all items except for Bid #1754. Perry motioned, Chew seconded to approve the Consent Agenda except for Item #1754. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Smith motioned, Chew seconded to approve Item #1754. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6- 1 vote. A. Bids and Purchase Orders: 2. 3. 4. Se Bid #1732 - Self Propelled Power Dolly Bid #1746 - Distribution Transformers Bid #1754 - Refuse Bags Bid #1729 - HVAC Renovation for Recreation Centers (North Lakes and Denia) Check Requisition - Texas Natural Resource Conservation Commission 5. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 5.A. - 5.C. Brock 012 City of Denton City Council Minutes May 2, 1995 Page 4 motioned, Smith seconded to adopt the Consent Agenda ordinances 5.A. - 5.C. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 95-090 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. (5.A.1. - Bid #1732, 5.A.2. - Bid #1746, 5.A.3. - Bid #1754) B. NO. 95-091 AN ORDINANCE AMENDING ORDINANCE NO. 95-045 RELATING TO THE AWARD OF BID NUMBER 1729 FOR THE PURCHASE OF HVAC RENOVATION FOR RECREATION CENTERS FROM DRT MECHANICAL AND TO PROVIDE FOR THE PURCHASE OF HVAC RENOVATION FOR RECREATION CENTERS FROM ABLE SHEET METAL AND AIR CONDITIONING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.4. - Bid #1729) C. NO. 95-092 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR WATER QUALITY ASSESSMENT FEES FOR THE TEXAS NATURAL RESOURCES CONSERVATION COMMISSION (TNRCC) AS PER SENATE BILL 818 EFFECTIVE JUNE 1991; AND PROVIDING AN EFFECTIVE DATE. (5.A.5.) 6. Ordinances A. The Council considered adoption of an ordinance, amending Resolution No. R93-026; and authorizing the City Manager to sign and submit an amendment to the 1993 Final Statement of Community Development Objectives and Projected Use of Funds submitted June 14, 1993. Barbara Ross, Community Development Administrator, stated that the ordinance would amend the 1993 Final Statement of Community Development Objectives and Projected Use of Funds. That Statement indicated $13,700 for sidewal~ repair near Audra Lane. From the time the application was submitted in early June to the end of June, new income figures indicated that the neighborhood no longer qualified in the targeted area. The money would be reallocated for sidewalks on the west side of Bell Avenue between Withers and Texas 013 City of Denton City Council Minutes~ -~ May 2, 1995 Page 5 Streets. Mayor Pro Tem Brock asked for a review of the income standard. Ross stated that the income level for a family of four was $37,600. Fifty one percent of the families living in an area had to be below that figure. There had been new construction in the area which raised the income level. The following ordinance was considered: NO. 95-093 AN ORDINANCE ADOPTED BY THE CITY OF DENTON, TEXAS, AMENDING RESOLUTION NO. R93-026; AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1993 FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 14, 1993 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the City Manager to execute an Electric Reliability Council of Texas, Inc. Membership Application between the City of Denton and Electric Reliability Council of Texas, Inc. Bob Nelson, Executive Director for Utilities, stated that City had been a member of ERCOT since late 1960. Within the last year, ERCOT had amended its by-laws and invited some independent power producers to become members of the organization. Because of that, all current members had to resubmit their applications. The following ordinance was considered: NO. 95-094 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANGER TO EXECUTE AN ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. MEMBERSHIP APPLICATION BETWEEN THE CITY OF DENTON AND ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC.; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes May 2, 1995 Page 6 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 authorizing the Mayor to execute an agreement with Haynes & Boone, L. L. P. for professional legal services. Mike Bucek, Acting City Attorney, stated that the firm would be dealing with the case Ervin v. City which was an employment matter. This firm had a particular expertise in that area. The following ordinance was considered: NO. 95-095 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HAYNES AN~ BOONE, L.L.P FOR PROFESSIONAL LEGAL SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Brock 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. D. The Council considered adoption of an ordinance amending Ordinance 93-164 insofar as it relates to credit card service fees; and authorizing the City Manager to execute an agreement with Discover Card services. Harlan Jefferson, Director of Fiscal Operations, stated that in April 1995 the City discontinued accepting Mastercard and Visa for the payment of fees and fines because Visa had indicated that the City had to stop passing the surcharge on the customers or stop accepting their cards. The City could not pay the surcharge on behalf of the customers and had to stop accepting the cards for payment. Several other options were exDlored such as contracting With Discover, Telepay which would allow customers to phone in their payment to their account or contract with Card Establishment Services, Inc. which would allow the acceptance of Mastercard and Visa. The Discover agreement would be a lower surcharge than what was currently being charged. The following ordinance was considered: City of Denton City Council Minutes May 2, 1995 Page 7 0!5 NO. 96-096 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE 93-164 INSOFAR AS IT RELATES TO CREDIT CARD SERVICE FEES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DISCOVER CARD SERVICES, INC,; 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. E. The Council considered adoption of an ordinance prescribing the number of positions in each classification of police officer; authorizing, pursuant to Section 143.014 of the Texas Local Government Code, the appointment of an Assistant Chief of Police; and repealing all prior inconsistent ordinances and resolutions to the extent of any such conflict. Gary Matheson, Police Department, stated that this ordinance would authorize the position of Assistant Chief of Police which would accommodate the realignment of the Department. There was no effect on the number of staff in the Department. NO. 95-097 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; AUTHORIZING, PURSUANT TO SECTION 143.014 OF THE TEXAS LOCAL GOVERNMENT CODE, THE APPOINTMENT OF AN ASSISTANT CHIEF OF POLICE; REPEALING ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS TO THE EXTENT OFANY SUCH CONFLICT; AND DECLARING 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 allowing certain employees of the City who have terminated previous memberships in the Texas Municipal Retirement System, to deposit the sums so withdrawn, plus annual withdrawal charges, and allowing and undertaking the cost of allowing any such employee credit in such system for all service to which such employee had been entitled at date of such withdrawal, with like effect as if all such service had been performed as an employee of this city. City of Denton City Council Minutes May 2, 1995 Page 8 Tom Klinck, Director of Human Resources, stated that the ordinance would amend the prior service buyback ordinance under the Texas Municipal Retirement System. The provision was first adopted in December of 1993. The provision allowed employees to buy back credit in the TMRS if they had previously withdrawn their money from the System. Council Member Cott asked for the monthly cost of this provision. Klinck replied that the projected one year cost was $3,000. That would result in a slight increase in contriDution rate. The following ordinance was considered: NO. 95-098 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIP IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. Miller 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. 7. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to sign and submit the City of Denton's 1995 Consolidated Plan for housing and community development to the Department of Housing and Urban Development. Louisa Rodriguez-Garcia, Program Assistant, stated that the resolution would adopt the 1995 Consolidated Plan for Housing and Community Development. There had been no changes in the Plan since it had been presented to the Council in a previous work session. Council Member Cott asked about the audit of the North Texas Community Clinics. Barbara Ross, Community Development Administrator, stated that the audit of the North Texas Community Clinic was included in the ~ j City of Denton City Council Minutes May 2, 1995 Page 9 0t7 packet along with the responses to the audit. Staff intended to monitor the clinic throughout the summer and provide Council with a status report before adopting the contract for use of nhe funds. The following resolution was considered: NO. R95-028 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; 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. 8. The Council considered appointments to the 1996 city of Denton Denton County Sesquicentennial Celebration Committee. City Manager Harrell stated that Council had requested this item be placed on the agenda. Council had been asked to appoint a City of Denton Committee to work with the County Committee in planning the sesquicentennial activities. The Council needed to appointment members to the Committee and a chair for the City Committee. Council Member Chew nominated Kenneth Davis, Beverly Williams, and Sarah Parker. Council Member Miller nominated Mary Evelyn Huey, Peggy Caps, and Mike Cochran. Mayor Pro Tem Brock nominated Margaret smith, Evelyn Miller, Troy LaGrone, Fred Patterson, and Will May. Mayor Castleberry nominated Carol Surles, Vice-President and Mrs. Bob Benningfield, Chancellor and Mrs. A1 Hurley, vice-President and Mrs. Fred Pole, Mrs. Dean Hulsey, Mrs. Louise Massey, Mr. and Mrs. Verson Hall, and Mrs. and Mrs. Gene Gamble. city Manager Harrell indicated that staff representatives would include Ed Hodney, Myra Anderson, Cecile Carson, Jane Jenkins, Richard Foster, and Paul Abbott. City of Denton City Council Minutes May 2, 1995 Page 10 9. The Council considered an appointment of a Chair for the city of Denton Denton County Sesquicentennial Celebration Committee. Council Member Chew nominated Margaret Smith as chair person. Council Member Cott nominated Frank Martino as chair person. 10. Vision date Mayor Pro Tem Brock stated that the Cabinet had recently received reports from the four action teams. The teams were meeting weekly to work on their recommendations. Clear goals and purposes had been established for the teams and they would be bringing recommendations to the Cabinet at the end of June and the beginning of July. Council Member Miller stated that the Play Action Team would be meeting on Wednesday at the Campus Theater which would be the first official use of the Theater since the renovation. 11. Miscellaneous matters from the City Manager. City Manager Harrell presented the following items: A. The meeting next week was scheduled to begin at 7:00 p.m. B. The recent issue of the Main Street newsletter featured the renovation of the Texas Building. 12. New Business There were no items of New Business suggested by Council Members for future agendas. 13. The Council convened into a Closed Meeting to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered action in Dawson v. city of Denton. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Be Personnel/Board Appointments Sec. 551.074 1. Discussed City Attorney offer of employment. -- Under TEX. GOV'T CODE finalists and consider 019 city of Denton City Council Minutes May 2, 1995 Page 11 Discussed conditions of employment relating to the Acting City Attorney. 14. There was no official action taken on items discussed in the Closed Meeting. With no further business, the meeting was adjourned. NNIF~WALTERS TY SF~CRETARY CITY OF DENTON, TEXAS BOB CASTLEBERR ACC00273