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Minutes December 12, 1995CITY OF DENTON CITY COUNCIL MINUTES December 12, 1995 The Council convened into a Closed Meeting on Tuesday, December 12, 1995 at 5:15 p.m. in the civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Krueger, Miller and Young. ABSENT: Council Member Cott The Council considered the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered the annual evaluations and salary adjustments for the City Attorney and Alternate Municipal Judge. Considered payment of .award of special commissioners into the Registry of the Probate Court relating to City of Denton v. John Karvouniaris. 3. Considered settlement demand in the claim of Cox. 4. Considered settlement demand in the claim of Lanzi. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Work Session on Tuesday, December 12, 1995 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Miller and Young. ABSENT: Council Members Cott and Krueger 1. The Council received a report, held a discussion and gave staff direction regarding a public safety computer system. Mike Jez, Executive Director for Emergency Services, stated that the recommendation was to award the contract to IBM for the hardware and software for the public safety system. The system was divided into Phase I and II. The discussion at this meeting would center on Phase I of the system which included computer assisted dispatching and a record management system for police and fire. Council Member Brock asked how long the new system would last and when would it need to be upgraded. 100 City of Denton City Council Minutes December 12, 1995 Page 2 Gary Collins, Director of Information Services, stated that some work stations would be leased for three years so that every three years the technology could be updated. Rick Svehla, Acting City Manager, stated that certificates of obligation were issued for ten years and could be renewed in ten years. Mayor Pro Tem Biles stated that there was nothing in the CIP which would address this same funding. Jez replied correct that the CIP items would be Phase II. Mayor Pro Tem Biles stated that Phase I would be the initial equipment and Phase II would integrate the system into the moving vehicles. Jez stated that Phase associated with Phase I. vehicles. II was the completion of the hardware Phase II placed units in the emergency Acting City Manager Svehla stated that the court system was also in Phase II. Mayor Pro Tem Biles stated that the current system was outdated in terms of dispatching and correlating information for the officers. This system would update the dispatch system with computer assistance. Council Member Young stated that this computer system would bring a modern system to the Police Department and save many manhours of work. Young motioned, Biles seconded to approve the system. Council Member Miller asked if the motion was to proceed with Phase I. Council Member Young replied correct. Acting City Manager Svehla stated that the request for proposal would be awarded to IBM at the next Council meeting. On roll vote, Miller "aye", Young "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 101 City of Denton City Council Minutes December 12, 1995 Page 3 2. The Council received a report and held a discussion regarding the legality of parents signing away rights of a minor child. Herb Prouty, City Attorney, stated that this item developed as a result of a citizen's objection to signing a release for his child to participate in a City athletic program. The citizen wanted the Council to discontinue the policy of requiring a minor child to sign a release before he could participate in athletic programs. The reason for the release was that it was a risk management policy to transfer the risk. The release released the right of the minor, if hurt during the event, to claim any loss or hold the City liable as a result of any injuries. It also indemnified the city against any damage which might happen as a result of the minor being hurt or the minor hurting others as a result of participating in an event. Staff looked at the policies of other cities which had a policy of requiring, in consideration of participation in a city program, a release and assumption of the risk. There were two policy considerations for the Council. One was if the Council wanted to continue a policy of having a minor or parents assume the risk of loss and release all responsibility of any injury based on the individual's own negligence. The second was if the city wanted to extend the policy to cover not just the minor or third party negligence but have the minor or parent indemnify the City for the City's negligence. Mayor Pro Tem Biles motioned to direct the City Attorney to further address the issue on the release of the City's negligence and also the issue of parental consent on waiving minors rights. Mayor Castleberry stated that the Council could not vote on this item at this time but could have a request. 3. The Council received a report, held a discussion and gave staff direction regarding benton's lump sum payment to the Upper Trinity Regional Water District of jointly owned Teasley Lane Pipeline. Bob Nelson, Executive Director for Utilities, stated that in 1993 the City entered into an agreement with the Upper Trinity Regional Water District to jointly build a pipeline that went from Lillian Miller and Teasley to Old Alton Road. There was approximately 9,500 feet of line with the City having 66% of the first 3,700 feet and 25% of the remaining 5,700 feet. The UTRWD purchased the right-of-way, did the design and construction management and issued bonds for the project. The City was in the process of making payments to the UTRWD to pay their debt service. The City had money available in bonds and felt it would be better to pay off the debt now rather than wait. The funds were earning approximately 102 City of Denton City Council Minutes December 12, 1995 Page 4 5.5% and were paying 6.34% plus they had a reserve amount. The procedure would provide closure of ownership of Denton's portion of the line in the event conditions in the UTRWD changed in the future. Young motioned, Brock seconded to proceed to pay the amount in full as per staff recommendation. Nelson stated that the Council's action would not automatically allow the City to make the payment. There was an amendment necessary to the contract to process the payment. On roll vote, Miller "aye", Young "aye", Brock "aye", Biles "aye"v and Mayor Castleberry "aye". Motion carried unanimously. 4. The Council received a report, held a discussion and gave staff direction regarding water and wastewater infrastructure extension to the Mayhill/Bridges/Gayla Road area. Howard Martin, Director of Environmental Services, stated that at Council Member Young's request, staff was asked to look at an extension of water and wastewater infrastructure into the Mayhill/Bridges/Gayla Road area. As there was already a 6" water line in that area, the extension of a 6" water line would be easy and cost approximately $73,000. Wastewater to this project would be more expensive as it would have to come from the interceptor along Pecan Creek, extending approximately 2,000 feet of 12" line to Mayhill and an 8" collector line to serve that particular area at a cost of approximately $317,000. Total project cost would be $391,540. Currently that particular project was not in the five year CIP plan. The existing policy in place for the extension of water and wastewater lines was to rely on development to extend the infrastructure needed for those particular developments. There had been some interest expressed by Council and the Public Utilities Board to develop an infill policy. There had been interest by citizens in other areas such as Carpenter Road and the Teasley Lane area for such a project. Council Member Brock asked how many connections would be made. Martin replied that he did not have a total but it would be quite a number depending on how far south the project went on Mayhill. Council Member Brock asked if the Public Utilities Board was developing a comprehensive list or map where utility infill was needed. Martin replied yes that that would be part of the project. 103 City of Denton City Council Minutes December 12, 1995 ~"'~ .... ....... Page 5 Council Member Krueger joined the meeting. Council Member Brock stated that there were many areas not served in Denton and that the overall project would be very large. Martin stated that the policy had several options for funding an infill project. One would be to use unused development plan line money available and another would be to use to up 2% of gross revenue from the Water and Wastewater Departments. That option would provide approximately $200,000 on the wastewater side and $300,000 on the water side to be used for infill projects. Council Member Brock stated that there would have to be some kind of system established where by different properties would qualify for the infill project. Council Member Miller recommended that the Council defer the item until after the Public Utilities Board completed their study. Council Member Young stated that there were people on Mayhill who were annexed and who did not want to be annexed. Those people were promised that they would receive water and wastewater but they had never received those services. These people were working individuals and the City was obligated to them and other people to provide those services. He recommended that the Public Utilities Board develop an infill policy with emphasis on Mayhill Road and in time, all similar situations. It was an obligation of the City to provide water and sewer services to its citizens. Miller motioned, Brock seconded that as the Public Utilities Board was reviewing this issue as a city-wide policy the next day, the Council should wait until it received a recommendation from the Board. Young motioned, Krueger seconded to amend the motionto place an emphasis on Mayhill Road. Mayor Pro Tem Biles asked if Council Member Miller would consider, as part of his motion, that the Public Utilities Board make the Mayhill area a specific part of the Board's consideration. Council Member Miller understood that the Board would identify a number of areas of which Mayhill would be one. Mayor Castleberry asked if Council Member Miller wanted to include that suggestion as part of his motion. 104 City of Denton City Council Minutes December 12, 1995 Page 6 Council Member Miller indicated no, not if it just identified that area. Mayor Castleberry stated that the original motion would include all infill areas which would include Council Member Young's suggestion. Council Member Young stated that he did not want Mayhill to be last on the list. He withdrew his motion. On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. The Council took the following official action on Closed Meeting items: City Attorney Prouty stated that a motion was needed on the condemnation to move to pay the award into the Registry of the Court subject to the conditions discussed in Closed Session. Biles motioned, Brock seconded as indicated by City Attorney Prouty. On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 7:40 p.m. CITY OF DENTON, TEXAS BOB CASTLEBERRY, ~AYO~ CITY OF DENTON, T~XAS / ACC002D9