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Minutes September 17, 1996CITY OF DENTON CITY COUNCIL MINUTES September 17, 1996 The Council convened into a Closed Meeting on Tuesday, September 17, 1996 at 5:45 p.m. in the civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: 1. None The Council considered the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Consulted with attorney regarding status and strategies regarding RPS/Weber & Barnes v. City, and considered mediation or settlement. Be Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 Considered salary adjustments for the City Manager, city Attorney and Municipal Judge. The Council convened into a Regular Meeting on Tuesday, September 17, 1996 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of August 6, 1996. Biles motioned, Brock seconded to approve the minutes as presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Mayor Miller presented a proclamation for Quality Month. 3. The Council considered approval of a resolution of appreciation for Joyce Erwin. The following resolution was considered: RESOLUTION OF APPRECIATION FOR JOYCE ERWIN 117 118 city of Denton City Council Minutes September 17, 1996 Page 2 Brock motioned, Cott seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 4. Citizen Reports A. The Council received a citizen report from Lesa Kimbrough regarding the need for day cares for special needs children particularly those children with behavior problems. Ms. Kimbrough stated that she was a single parent with a child with a behavior disorder. She had had a struggle with day cares for her child and their knowing how to handle a child with his type of disorder. She needed help finding day care services for her child. Council Member Young stated that there was a proposal for something like this with a Community Block grant. The proposal was looking into building an indigent day care center. B. The Council received a citizen report from David Zoltner on the Open Meetings Act, secret gatherings of the Dell Fan Club, and rebuttal to opinions given the Council by City Attorney. Dr. Zoltner stated that he had concerns about certain misinformation he had heard in the Council Chambers on September 3, 1996. His intent was not to berate an individual or staff members but to invoke Council Members to appreciate the fact that the lack of citizen input from Closed Session abuse was probably the root cause of every faulty decision made by local governments. The Council needed to become its own authority on the Open Meetings law. Staff would not be accountable but rather Council if there was a problem with the Open Meeting Act. Nothing under the law prevented any elected official from publicly commenting on topics covered during Executive Sessions. The Open Meetings Act had never overridden the First Amendment. An individual was only prohibited publicly releasing the actual tape recording, transcript or certified agenda of a meeting legally closed to the public. He protested the City's refusal to provide certain documents recently requested by Mr. Jerry Drake and Mr. Coil. He was disgusted that the City Council was more eager to protect phoney trade secrets for Arthur Anderson than acting in good faith to provide citizens at least summary information about future taxes in Denton. One exception to the requirement that all meetings should be open to the public was the real property exception. The word "lease" was in the wording of the Act in discussing the purchase, lease, exchange or value of real property. There was, however, an important distinction there. Under the Act, the term "lease" applied in the general context of acquiring public property. Negotiating public leases as a lessee would have explicit provisions under the Act but secretly negotiating leases as a lessor would have not basis under the Act. Before any 4B City of Denton City counc~'hU~~s~:!! September 17, 1996 Page 3 corporation was formed, he asked the city Attorney to be willing to stake his reputation by declaring publicly that all State and municipal guidelines had been reviewed and he was still certain that the City could legally participate in both a buy/sell lease agreement, acting through Closed Sessions. Denton County had earned a state-wide reputation as the place to be for shady inside deals, closed government and a total lack of respect for the public's right to know. C. The Council received a citizen report from Jeff Shephard regarding employee issues. Mr. Shephard stated that he would be speaking on safety, compensation and the Municipal Accreditation Safety Program. The Accreditation program required 144 hours per year of documented training on various phases of the job requirements on underground and overhead construction, maintenance and equipment. These training costs were approximately $5,000 per person and would be incurred for new hires in the Electric Department from now on. The benefits from this program were increased response and restoration time, quality of service and reduction in workers compensation. Over the last 3 years the Electric Distribution Department had saved over $100,000 on medical claims and workers compensation. The Electric Utility was striving to be the first in the nation to achieve this accreditation. On the average employees in this department were under paid approximately $3.50 to $4.00 per hour below competitors. The Electric Distribution Department had lost 15 employees over the last seven years, six employees left in the last three years. In order for the city to cease being a training ground, the salary needed to be increased to industry standards. D. The Council received a citizen report from Joe Dodd regarding the "TI Shuffle". Mr. Dodd stated that this Council was trying to promote the "TI Shuffle". He felt there was a need for the Council to look at ethical conduct rules for city employees. According to a letter written by Mike Bucek to the Attorney General, Attorney Drake was acting as a private citizen in the TI matter. If that was true, it would appear that he personally profited by free rent. There should be a rule against that if there currently was none. The Denton Record-Chronicle had articles about disharmony and disorder in the ranks about the 4A corporation. There was only a ½ cent left in the sales tax. The Council was meeting behind closed doors about another economic development group. Dodd noted a highlighted portion of the Council meeting of July 23rd indicating that if Council met on that subject, it was an illegal meeting. If the council was not meeting on the subjeot which he had highlighted, then the agenda was a lie. He dared anyone to indicate that the agenda accurately reflected what the Council was doing at that meeting. 119 120 City of Denton city Council Minutes September 17, 1996 Page 4 Council Member Cott stated that 1996 showed needs for more up-to- date techniques for economic development. Dell computer employed 6,000 employees in Austin, Texas and all went to the University of Texas. The objective was put students in Denton to work. Every law used was still an operating, working law. This Council was trying to find work for its citizens and trying to keep the largest taxpayer from going down in dollars. Dodd stated that nothing, no matter how valuable to the community, was worthy of illegal meetings and behind closed doors secret decisions. That was an inappropriate way to accomplish a worthy goal. Council Member Young stated that when the city Attorney told him that if he discussed things in Closed Meeting, he would go to jail, he would believe him. E. The Council received a citizen report from Dessie Goodson regarding City government. Ms. Goodson stated that on September 3rd the Council honored two ladies who aided an individual who was choking. On December 6th she wished she had that aid when she was having an epileptic seizure on the floor of the Denton City jail after she had asked three times for medical assistance from a relation of Council Member Young. She was jailed that day for using indecent, abusive, profane language in a public place which constituted a breach of peace. That same abusive, indecent, profane language constituted her breach of peace on September 3rd outside the Council Chambers by Police Chief Jez and Council Member Biles. She asked for a citizen's arrest and was told to file a complaint instead. If the City was concerned about its citizens, why was she still complaining about her leg and foot from being hurt on a City trolley. The City had done nothing toward her medical bills from that accident. It was time she and the City Attorney had a conversation. On July 12th she called his office and he never returned her call regarding her utilities. She still did not have any utilities as the City could not answer her question how one person could use more utilities than three people. She asked who authorized her utilities to be turned off. She had not signed an authorization to turn off her utilities. She needed to get this issue settled. F. The Council received a citizen report from Ross Melton, Jr. regarding two law suits against the City and Open Records violations. Mr. Melton =rated that the trash and rubbish ordinance wa~ vague and broad. The City Attorney's office was a black hole for legal objections. He had filed two lawsuits against the City and one against employees for civil rights violations. The City did not answer those lawsuits. He suggested that the City look at the city of Denton City Council Minutes September 17, 1996 Page 5 121 ordinance on trash and rubbish and start following the Texas Open Records Act. 5. citizen Requests A. The Council considered a request for exception to the noise ordinance for a music festival on Sunday, October 6, 1996, from 12:00 noon until 12:00 midnight on the Texas Woman's University Campus. Veronica Rolen, Administrative Assistant, stated that this was a request for a variance to the noise ordinance for a music festival. Krueger motioned, Young seconded to approve the request. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. B. The Council considered a request for an exception to the noise ordinance for a memorial rodeo in memory of Codi Smith on October 2, 1996 from 7:00 p.m. to 12:00 midnight and on Sunday October 27, 1996 from 2:00 p.m. to 10:00 p.m. at the North Texas State Fairgrounds. Veronica Rolen, Administrative Assistant, stated that this was a request for a variance to the noise ordinance~ The requestor would like to make this an annual event for this memorial. Young motioned, Krueger seconded to approve the request. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 6. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Divisions 2 and 4 of Article III of Chapter 28 of the Code of ordinances. (The Electrical Code Board recommended approval.) Frank Robbins, Director for Planning and Development, stated that the Electrical Code Board was recommending standardized electrical licensing testing administered by the Southern Building Code Congress International. Most of the State was moving to standardized testing with an associated number of benefits. Before an electrical license was issued, the individual doing the work had to have an electrical license. Before the license could be issued, a te~t had to b~ pa~ed. The Mayor opened the public hearing. No one spoke during the public hearing. 122 city of Denton city Council Minutes September 17, 1996 Page 6 The Mayor closed the public hearing. The following ordinance was considered: NO. 96-192 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING DIVISIONS 2 AND 4 OF ARTICLE III OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance to rezone 2.3549 acres from the Agricultural (A) zoning district to the Office (0) zoning district. The subject property was located on the south side of 1-35E, approximately 500 feet west of Teasley Lane. (The Planning and Zoning Commission recommended approval 6-1.) Frank Robbins, Director for Planning and Development, stated that this was a rezoning from an agricultural district to office. It was anticipated that a four story motel would be built on this location. This was a moderate activity area and the Planning and Zoning Commission found that the proposal was consistent with the Denton Development Plan. The Mayor opened the public hearing. Kent Bell, representing the owners of the property, stated that the owners wanted to build a motel on the site. Staff indicated on their first visit that they were concerned with saving as many trees as possible. The proposed plan saved 60 trees in the street yard area and 58 trees in the remaining area. The development did require the removal of some trees but many would be saved. One of the primary constraints for design of the site was the driveway location. They only had frontage on 1-35E and a driveway access was needed. A highway ramp restricted the area with a State requirement of a 300' separation from a driveway. The City required a 300' ~eparation from other driveway~. Other ~oncern~ were topography for drainage in the area. He felt the plan worked with the spirit of the tree preservation ordinance. There was a comment at the Planning and Zoning Commission regarding the proposal for four stories as it was felt that it might be imposing in this area. The building would be set 10' from the property line and much of the existing topography at the front of the site would be retained. He felt the use was appropriate for the location on 1-35 and asked for support from Council. Mayor Pro Tem Brock asked about access to the property. City of Denton City Council~,Minutes September 17, 1996 Page 7 123 Bell stated that the property would have two driveway accesses. The primary access would be on 1-35E and the second access would be off Teasley through the service station in the area. It was felt that there was a need for two accesses. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-193 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.3549 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF 1-35E, APPROXIMATELY 500 FEET WEST OF TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 7. Consent Agenda Mayor Miller asked if there were any items to be pulled for separate consideration. Council Member Krueger asked why Main Street was not included. Jon Fortune, chief Finance Officer, indicated that this year Main Street would be funded under the General Fund the same as the Civic Center. Young motioned, Beasley seconded to approve the Consent Agenda. Council Member Cott asked that the contract for the Hispanic Chamber of Commerce be pulled for consideration. He felt that there was not enough money budgeted for that organization. Council Member Krueger stated that this was seed money for start-up aCtivities for the organization. Council Member Cott felt that the organization should receive more money. on roll vote for approval of the Consent Agenda Ordinances, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 124 City of Denton City Council Minutes September 17, 1996 Page 8 A. Bids and Purchase Orders: 2. 3. 4. 5. 6. 7. e 10. 11. 12. 13. Bid #1923 - Police Uniforms Bid #1932 - Janitorial Services Bid ~1937 - Capacitors Bid #1946 - Steel Distribution Poles Bid #1931 - Replace Waterline - Yorkshire Bid #1936 - Intake Structure Dredging Project Bid #1940 - Chisholm Trail Sanitary Sewer (Moncayo) Houston Place Bid #1941 - Houston Place Sanitary Sewer and Waterline Replacement Bid #1942 - Community sidewalks - East side of Bolivar Street RFSP #1907 - Integrated Distribution Management System P.O. #67657 - Integrated Computer System P.O. #67658 - American Management Systems RFSP #1914 - Customer Information and Utility Billing Needs Study B. Contracts 2. 3. 4. 5. Denton County Amphitheater Association Denton Festival Foundation Denton Black Chamber of Commerce Denton Hispanic Chamber of Commerce Denton Historic Landmark Commission C. Budgets 2. 3. 4. 5. Chamber of Commerce, Convention and Visitors Bureau Denton County Historical Museum Denton County Historical Foundation North Texas State Fair Association Greater Denton Arts Council 8. Consent Agenda Ordinances Brock motioned, Beasley seconded to adopt the Consent Agenda ordinances 8.A. - 8.I. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. A. NO. 96-194 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MAT~RIAL$, ~QUIPMENT, SUPPLIE~ OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.1. - Bid #1923, 7.A.2. - Bid #1932, 7.A.3. - Bid ~1937, 7.A.4. - Bid #1946) city of Denton city Council Minutes September 17, 1996 Page 9 125 B. NO. 96-195 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A. lO - RFSP #1907, 7.A.13. - RFSP #1914) C. NO. 96-196 AN ORDINANCE ACCEPTING COMPETITIVE BIDSAND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.5. - Bid #1931, 7.A.6. - Bid #1936, 7.A.7. - Bid #1940, 7.A.8. - Bid #1941, 7.A.9. - Bid #1942) D. NO. 96-197 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (7.A.11 - P.O. #67657, 7.A.12. - P.O. ~67658) E. NO. 96-198 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY AMPHITHEATER ASSOCIATION FOR THE PAYMENTAND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. (7.B.1.) F. NO. 96-199 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTONAND THE DENTON FESTIVAL FOUNDATION FOR THE PAYMENTAND USE OF HOTEL TAX REVENUE; AND PROVIDINGAN EFFECTIVE DATE. (7.B.2.) G. NO. 96-200 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. (7.B.3.) H. ~O. 96-201 AN ORDINANCE AUTHORIZING THE MJkYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTONAND THE DENTON HISPANIC CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. (7.B.4.) 126 City of Denton City Council Minutes September 17, 1996 Page 10 I. NO. 96-202 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON HISTORIC LANDMARK COMMISSION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. (7.B.5.) 9. Consent Agenda Resolutions Beasley motioned, Brock seconded to approve Consent Agenda Resolutions 9.A. - 9.E. Council Member Cott asked if the Museum and the Historic Foundation were city of Denton organizations. Council Member Biles stated that both were separate non-profit corporations which received Lalor funds. Council Member Cott asked why the City was funding those organizations. Mayor Miller stated that those organizations qualified under the Lalor funds for historic/tourism funding On roll vote, Beasley "aye", Brock "aye", Cott "aye", "aye", Young "aye", Biles "aye", and Mayor Miller "aye". carried unanimously. Krueger Motion A. NO. R96-043 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE CHAMBER OF COMMERCE CONVENTION AND VISITOR BUREAU FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (7.C.1.) B. NO. R96-044 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON COUNTY HISTORICAL MUSEUMFOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (7.C.2.) C. NO. R96-045 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON COUNTY HISTORICAL FOUNDATION, INC. FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (7.C.3.) city of Denton city Council,Minutes September 17, 1996 Page 11 127 D. NO. R96-046 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE NORTH TEXAS STATE FAIR ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (7.C.4.) E. NO. R96-047 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE GREATER DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (7.C.5.) 10. Ordinances A. The Council considered adoption of an ordinance adopting the budget for the City of Denton for the fiscal year beginning on October 1, 1996, and ending on September 30, 1997. Young motioned, Krueger seconded to adopt the budget with an amendment to eliminate the 4% pay bonus and adopt a 3% pay increase for the employee's base pay. Council Member Beasley stated that she would vote against the motion as the budget presented by the city Manager was fiscally responsible based on current finances. There was a need to be responsible for future years which at this time was not possible. Mayor Pro Tem Brock indicated that she would vote against the motion as last year some on-going expenses were funded from one- time funds to expand fire coverage. The Council took on those on- going expenses as circumstances justified it at that point in time. It was not prudent to do that again this year. She was not in favor of funding any on-going obligations with one-time funds. The Council needed to be responsible and fund on-going expenses from on-going sources. Council Member Cott stated that the Council needed to be fiscally responsible. Council Member Biles stated that he was torn between the fact that the City was behind in the pay area and the need to be fiscally responsible. If a 4% lump sum payment was done, it would be the same dollars in the employee's pocket as if they had received a pay increase. That would make them even for the next fiscal year. From a budget planning standpoint, a permanent pay increase would have to be dealt with again in the next fiscal year. Council Member Young stated that this subject was the only thing in the budget which he had a problem with. If a 3% increase to the base pay was not given, the gap between Denton and other cities 128 City of Denton City Council Minutes September 17, 1996 Page 12 would increase. Many City employees were topped out which would not help with retirement. All signs indicated that there would be an increase in Denton's economy during the next year. He had had many calls regarding this issue and the employees indicated that they needed a 3% increase in base pay. Council Member Krueger felt that this budget was twice as conservative as last year. He was optimistic on the growth of Denton for the next year. The City had paid a consultant to provide a salary range study and now the Council would ignore that. The Council needed to continue to work with the employees to keep working for the City of Denton. Mayor Miller stated that a one-time pay would be larger than a 3% on-going increase. An employee was better off with a 4% lump sum pay this year than a 3% on-going increase. Mayor Pro Tem Brock called the question. The following ordinance was considered: NO. 96-203 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1996, AND ENDING ON SEPTEMBER 30, 1997; AND DECLARING AN EFFECTIVE DATE. On roll vote, Beasley "nay", Brock "nay", Cott "nay", Krueger "aye", Young "aye", Biles "nay", and Mayor Miller "nay". Motion failed with a 2-5 vote. Beasley motioned, Brock seconded to adopt the ordinance as presented. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "nay", Young "nay", Biles "aye", and Mayor Miller "aye". Motion carried with a 4-3 vote. B. The Council considered adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the 1996, on all taxable property within the corporate limits of the City of January 1, 1996, not exempt by law; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; and providing for enforcement of collections. The following ordinance was considered: NO. 96-204 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 1996, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1996, NOT EXEMPT BY city of Denton City Council Minutes September 17, 1996 ? Page 13 129 LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUNDS ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. C. The Council considered adoption of an ordinance approving the 1996 tax rolls for the city of Denton. The following ordinance was considered: NO. 96-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1996 TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. D. The Council considered adoption of an ordinance amending Ordinance No. 91-055 relating to facility and program fees of the Department of Parks and Recreation; and establishing user fees for certain parks and recreation facilities. The following ordinance was considered: NO. 96-206 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 91-055 OF THE CITY OF DENTON RELATING TO FACILITY AND PROGRAM FEES OF THE DEPARTMENT OF PARKS AND RECREATION; ESTABLISHING USER FEES FOR CERTAIN PARK AND RECREATION FACILITIES; PROVIDING A REPEALER AND A SAVINGS CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. E. The Council considered adoption of an ordinance amending the schedule of electric rates contained in Ordinance 95-178; amending the weekend rate (WK); amending the street lighting (LS) rate; amending the dusk to dawn rate (DD); and amending the energy 130 City of Denton City Council Minutes September 17, 1996 Page 14 cost adjustment rate (ECA). The following ordinance was considered: NO. 96-207 AN ORDINANCEAMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN ORDINANCE 95-178; AMENDING THE WEEKEND RATE (WK); AMENDING THE STREET LIGHTING (LS) RATE; AMENDING THE DUSK TO DAWNRATE (DD); AMENDING THE ENERGY COST ADJUSTMENT RATE (ECA); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Beasley seconded to adopt the ordinance. Joe Dodd stated that recently the Council asked the State to give the City 5% of the lottery which the schools would not have if the legislation was successful. The Council was considering a proposal which might remove the TI property from the tax base of the school district which did not represent everyone. The tax placed on customers when electricity was sold affected everyone. A 1% pole fee was instituted several years ago. The 1% had now gone to a 4% and was a straight surcharge which went into the General Fund. He felt this was similar to 15% of the property tax bill. On roll vote, Beasley "aye" Brock "aye", Cott "aye" "aye", Young "aye", Biles "aye", and Mayor Miller "aye". carried unanimously. Krueger Motion F. The Council considered adoption of an ordinance amending the schedule of water rates contained in Ordinance 95-179 for water service; and amending the Upper Trinity Regional Water District Rate (WW1) per the contract. The following ordinance was considered: NO. 96-208 AN ORDINANCEAMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE 95-179 FOR WATER SERVICE; AMENDING THE UPPER TRINITY REGIONAL WATER DISTRICT RATE (WW1) FOR THE CONTRACT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. G. The Council considered adoption of an ordinance amending the schedule of wastewater rates contained in Ordinances 95-180, 96-043, and 96-124 for wastewater service; amending the residential city of Denton City Council Minutes September 17, 1996 Page 15 ~i~ ~ ~ ~ 131 wastewater service schedules (SR/SRW); and amending the wholesale wastewater treatment rate (SSC). The following ordinance was considered: NO. 96-209 AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCES 95-180, 96-043, AND 96-124 FOR WASTEWATER SERVICE; AMENDING THE RESIDENTIAL WASTEWATER SERVICE SCHEDULES (SR/SRW); AMENDING THE WHOLESALE WASTEWATER TREATMENTRATE (SSC); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. H. The Council considered adoption of an ordinance amending the schedule of rates for solid waste service contained in Ordinance 95-181, as authorized by Chapter 24 of the Code of ordinances of the City of Denton, Texas; amending the rates for recycling service; adding a charge for brush brought directly to the landfill; and amending the charges for use of the landfill. The following ordinance was considered: NO. 96-210 AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE 95-181, AS AUTHORIZING BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AMENDING THE RATES FOR RECYCLING SERVICE; ADDING A CHARGE FOR BRUSH BROUGHT DIRECTLY TO THE LANDFILL; AMENDING THE CHARGES FOR USE OF THE LANDFILL; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "nay", Biles "aye", and Mayor Miller "aye". Motion carried with a 5-2 vote. I. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services agreement with Resource Management International ("RMI"). Sharon Mays, Director of Electric Utilities, stated that this contract would cover two items. One was an independent assessment of the costs projections of the Gibbons Creek plant and an analysis on whether those projections remained correct in the face of a new competitive environment. The second part of the contract would 132 City of Denton City Council Minutes September 17, 1996 Page 16 cover a position paper on the history of the Gibbons Creek plant. The following ordinance was considered: NO. 96-211 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL ("RMI"); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance authorizing the City Manager to execute an employment contract for professional legal services with the law offices of Jim Boyle. Bob Nelson, Executive Director for Utilities, stated that the deregulation of the electric utilities would be a major issue in the upcoming legislative session. It was not sure which type of legislation would be introduced and it was necessary to watch the legislation very closely. The Public Utilities Board and staff felt the representation was needed in Austin for this issue. The following ordinance was considered: NO. 96-212 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. K. The Council considered adoption of an ordinance approving and authorizing the Mayor of the City of Denton to execute an amendment to the Power Sales Contract dated September 1, 1976, between the Texas Municipal Power Agency and the cities of Bryan, Denton, Garland and Greenville; and resolving other matters incidental and related thereto. Bob Nelson, Executive Director for Utilities, stated that this was the amendment to the power sales contract. It would free Denton from the full requirements contract and changed the percentage from 22% to 21.3% and limited the amount of reserves the Agency could City of Denton city Council Minutes September 17, 1996 Page 17 133 keep in the organization. It required any overage of reserves to be returned to the cities. The following ordinance was considered: NO. 96-213 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE AN AMENDMENT TO THE POWER SALES CONTRACT DATED SEPTEMBER 1, 1976, BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF BRYAN, DENTON, GARLAND AND GREENVILLE, TEXAS, AND RESOLVING OTHER MATTERS INCIDENTAL AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 11. Resolutions A. The Council considered approval of a resolution approving budget adjustments for fiscal year 1995-96. The fOllowing resolution was considered: NO. R96-048 A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1995-96; AND DECLARING AN EFFECTIVE DATE. Young motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. B. The Council considered approval of a resolution adopting the Capital Improvement Plan proposed by the Planning and Zoning Commission. Jon Fortune, chief Finance officer, stated that this was the first year of a five year CIP as recommended by the Planning and Zoning cOmmission. The following resolution was considered: NO. R96-049 A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. 134 City of Denton City Council Minutes September 17, 1996 Page 18 Young motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. C. The Council considered approval of a resolution approving the 1997 financial plan of the DENCO Area 9-1-1 District, pursuant to the Texas Health and Safety Code, Chapter 772, as amended. Mike Pedigo, Executive Director of the DENCO Area 9-1-1, stated that part of the legislation creating the District required the District to present its annual budget to participating cities and Commissioners Court. There was a requirement that a majority of cities approve the proposed budget as well as the Commissioners Court. The following resolution was considered: NO. R96-050 A RESOLUTION APPROVING THE FISCAL YEAR 1997 FINANCIAL PLAN OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. Krueger motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. D. The Council considered approval of a resolution authorizing the City Manager to execute an agreement with the U.S. Department of Transportation Federal Transit Administration for an urbanized area formula grant authorized by 49 U.S.C. Section 5307. Joseph Portugal, Assistant to the City Manager, stated that approval of this resolution would authorize an agreement for $353, 000 to support public transportation in Denton. The grant period was from October 1, 1996 to September 30, 1997 and included funding for a congestion mitigation program. The following resolution was oonsidered: NO. R96-051 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR AN URBANIZED AREA FORMULA GRANT AUTHORIZED BY 49 U.S.C. SECTION 5307; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes September 17, 1996 Page 19 135 Brock motioned, Biles seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. E. The Council considered approval of a resolution nominating individuals to Places 2 and 4 on the North Texas Higher Education Authority Board of Directors for the October 1, 1996 through September 30, 1998 term. Kathy DuBose, Executive Director for Finance, stated that the resolution approved the nomination of Governor Jackson and Nita Stallings who were incumbents on the Board. The following resolution was considered: NO. R96-052 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. F. The Council considered approval of a resolution supporting legislation to require the Texas Lottery Commission to return five cents of every lottery sales dollar to the City of Denton. The following resolution was considered: NO. R96-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, SUPPORTING LEGISLATION TO REQUIRE THE TEXAS LOTTERY COMMISSION TO RETURN FIVE CENTS OF EVERY LOTTERY SALES DOLLAR TO THE CITY OF DENTON, AND PROVIDING FORAN EFFECTIVE DATE. Beasley motioned, Biles seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. G. The Council considered approval of a resolution appointing a person to the Economic Development Sales and Use Tax Task Force to replace a resigning member. Council Member Biles appointed Randall McDonnell. 136 City of Denton City Council Minutes September 17, 1996 Page 20 The following resolution was considered: NO. R96-054 A RESOLUTION APPOINTING A PERSON TO THE ECONOMIC DEVELOPMENT SALES AND USE TAX TASK FORCE TO REPLACE A RESIGNING MEMBER; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Beasley seconded to approve the nomination. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 12. The Council considered approval of a schedule for future City Council meeting dates. City Manager Benavides stated that staff was requesting four City Council meetings be cancelled. Brock motioned, Krueger seconded to approve the schedule. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 13. The Council considered nominations/appointments to the City's Board and Commissions. Council Member Young had nominated David Johnson to the Plumbing and Mechanical Code Board. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 14. Vision Update There was no Vision Report at this meeting. 15. Miscellaneous matters from the City Manager. The City Manager did not have any items for the Council. 16. Official Action on Closed Meeting Items Biles motioned, Brock seconded that Council make an award to its three contracted employees of the City Manager, the City Attorney and the Municipal Judge a 4% lump sum merit award to be paid in the same manner as other employees. Counoil Member Krueger stated that he was opposed to the concept but not to the employees. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "nay", Young "aye", Biles "aye", and Mayor Miller "aye". Motion city of Denton City Council Minutes September 17, 1996 Page 21 carried with a 6-1 vote. 17. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Krueger read a statement which served as his resignation from the City Council. Council Member Biles stated that given the interpretation of State law, he asked the City Attorney to continue with the Attorney General for an opinion on a special election date. Mayor Miller stated that under State law Council Member Krueger would continue to serve until either his successor was elected or he was sworn into another office. 18. There was no continuation of the Closed Meeting during the Regular Meeting. With no further business, the meeting was adjourned at 9:40 p.m. CITY OF DENTON, TEXAS iNNI~ER WALTERS TY ~ECRETARY CITY OF DENTON, TEXAS 137 ACC00341