Minutes September 09, 1997CITY OF DENTON CITY COUNCIL M1NUTES
September 9, 1997
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a closed meeting Tuesday, September 9, 1997 at 5:15 p.m. in the Police Conference
Room of the Denton Municipal Complex.
PRESENT:
Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Durrance and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Consultation with Attorney -- Under TEX. GOV'T CODE Sec. 551.071
Discussed and considered approval of an ordinance authorizing the City
Manager to execute a real estate contract wherein the City of Denton,
Texas purchased a certain one acre tract of land situated adjacent to
Mayhill Road, being part of a 19.969 acre tract in the David Hough
Survey, Abstract Number 646, for the future widening of Mayhill Road,
and establishing options for the acquisition of additional real property as
may be required.
Conference with Employees -- Under TEX. GOV'T CODE Sec. 551.075. The
Council received information from employees or questioned employees during a
staff conference or briefing, but did not deliberate during the conference.
The Council convened into a Work Session on Tuesday, September 9, 1997 at 6:00 p.m. in the
Central Jury Room of the Denton Municipal Complex.
PRESENT:
Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Durrance and Young.
ABSENT: None
1. The Council received a report, held a discussion and gave staff direction regarding an early
warning system.
Ross Chadwick, Fire Chief, stated that at the June 10th City Council meeting the Council gave
him the direction to develop immediate short-range solutions to the City's warning system
shortcomings, look at long-range warning system enhancement possibilities, consider an
incremental approach to expand the City's emergency warning system, and return with further
information on a survey done with area cities. He felt that the citizens expected the government
to alert the citizens in advance of a disaster and properly keep citizens informed of a disaster. Key
elements involved detecting the problem, evaluating the threat, deciding on what had to be done,
and deciding on what action to do. A warning was only effective if the people hearing it
understood the warning and were willing to respond. The public had to be educated on how the
system worked. A system must be specific about the danger, about what to do, who was being
warned, should be issued by all possible sources and be based on previous education. The most
critical aspect of a warning system was that the people must be educated about what to do in a
disaster. A partnership needed to be formed with every level of community being involved, as this
City of Denton City Council Minutes
September 9, 1997
Page 2
was a community wide system. Staff recommendations included installing an AM radio station,
developing a community partnership with FEMA, the State, the County, DISD, the two
universities, the Red Cross/other support groups, large corporations, neighborhood associations,
the hospital, media, and the Chamber of Commerce. The cost of the radio station would be
approximately $25,000.
Council Member Beasley stated that initially the station would be used as an early warning system
and later, with other programming, there would be associated costs.
Chadwick replied that it depended on how much the Council wanted to do on it.
Council Member Cochran suggested that the station broadcast board and commission meetings or
City Council meetings.
Ross stated that the cost of developing community partnerships was approximately $5,000. Other
short term solutions included developing and implementing a public education program with
public education materials for $6,000 and a UNT dual internship for $4,000; enhanced cable TV
override and EAS; and improved city emergency management team call-back. Long term
enhancements, as part of the community partnerships, were to develop an emergency warning
plan, identify necessary warning enhancements such as sirens. Possible funding included the use
of one-time resources as available or the issuance of certificates of obligation.
Council Member Beasley suggested that Council follow the proposed plan as submitted by Chief
Chadwick
Consensus of the Council was to proceed as submitted by Chief Chadwick.
2. The Council received a report, held a discussion and gave staff direction regarding
residency requirements for Airport Advisory Board.
Linda Ratliff, Director of Economic Development, stated that a question was raised about
residency requirements of the Airport Advisory Board. There were seven members on the Board
with two members allowed to reside outside the City limits. There were three reasons for the
difference in residency requirements: the Airport served a wider area than the City of Denton; it
would draw applicants from a wider area of expertise; and a prior active board member moved
outside the City and in order to allow him to continue to serve, the requirement was changed.
Council Member Cochran stated that he had requested the information, as this was the only board
that allowed non-resident members. He felt that two reasons were not really valid and that the
reason for the change was that one individual moved outside the City. He agreed that current
non-resident board members should be grandfathered until the end of their terms.
Rick Woolfolk, Chair-Airport Advisory Board, stated that he had suggested allowing two non-
voting members, one from Lewisville and one from the County.
Council Member Cochran felt that only citizens of Denton should serve on this Board. He
requested an ordinance to limit the members to citizens of Denton.
Council Member Beasley suggested allowing current members to complete their terms and
City of Denton City Council Minutes
September 9, 1997
Page 3
perhaps have an advisory board from other areas of Denton County to participate with this Board.
Cochran motioned, Kristoferson seconded to direct staff to draft an ordinance grandfathering the
current outside members and incorporating future membership for residents only. On roll vote,
Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and
Mayor Miller "aye". Motion carried with a 6-1 vote.
Mayor Miller presented a proclamation for "Good Neighbor Day".
3. The Council received a report, held a discussion and gave staff direction regarding
initiatives and referendums.
Council Member Cochran stated that he was interested in seeing that any appearance to
impediments to citizen's rights be removed. He suggested that the City Secretary develop a
generic form for petitions so as to easily resolve these issues and not have to involve the City
Attorney. There was a perception in the public that the Council had been less than responsive to
citizens.
Council Member Beasley stated that she had spoken with the City Secretary regarding the issue.
There was a summary chart of information already available for citizen use and felt that that was
sufficient for citizen use.
Council Member Cochran stated that his idea was to give a form for citizen use so that they
would not have to make it up. He was worried that some citizens might go to the trouble of
developing a petition and felt they were following the letter of the law only to have it rejected for
a small inconsistency. He was proposing a small effort on the City's part to eliminate a problem
down the line.
City Attorney Prouty stated that he could review the summary chart and add any additional
qualifications or correct misleading statements.
Kristoferson motioned, Beasley seconded to direct staff to review the City Secretary's chart for
suggestions to make it more user friendly if needed and return to Council for consideration. On
roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock
"aye", and Mayor Miller "aye". Motion carried unanimously.
The Council convened into a Special Called Meeting on Tuesday, September 9, 1997 at 7:00 p.m.
in the Central Jury Room of the Denton Municipal Complex.
CON~qENT AGENDA
Brock motioned, Kristoferson seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
1. NO. 97-265
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
City of Denton City Council Minutes
September 9, 1997
Page 4
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (Bid
#2085 - Refuse Containers)
NO. 97-266
AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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 (Bid
#2094 - Child Care Program for Low-Income Families)
NO. 97-267
AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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 (Bid
#2095 - Congregate & Home Delivered Meal)
NO. 97-268
AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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 (Bid
#2097 - Infant & Child Care Program for Low-Income Families)
NO. 97-269
AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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 (Bid
#2096 - Domestic Violence, Sexual Assault, Crisis Intervention & Prevention)
NO. 97-270
AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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 (Bid
#2098 - Self Sufficiency Program)
NO. 97-271
AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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 (Bid
City of Denton City Council Minutes
September 9, 1997
Page 5
#2099 - Health Care Program for the Medically Underserved)
NO. 97-272
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2092 -
Re-roofing Denton Municipal Complex)
NO. 97-273
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE TOWN OF FLOWER MOUND
RELATING TO PARTICIPATION IN THE CITY OF DENTON CONTRACT
WHICH PROVIDES FOR THE PURCHASE OF OFFICE SUPPLIES AND
SIMILAR MATERIAL; AND DECLARING AN EFFECTIVE DATE.
10.
NO. 97-274
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (PC
#77507 - BCI Mechanical, Inc.)
11.
NO. 97-275
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (PC
#77185 - American Management System - financial software)
12.
NO. 97-276
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
REAL ESTATE CONTRACT WHEREIN THE CITY OF DENTON, TEXAS
PURCHASES A CERTAIN ONE ACRE TRACT OF LAND SITUATED
ADJACENT TO MAYHILL ROAD, BEING PART OF A 19.969 ACRE TRACT
IN THE DAVID HOUGH SURVEY, ABSTRACT NUMBER 646, FOR THE
FUTURE WIDENING OF MAYHILL ROAD, AND ESTABLISHING
OPTIONS FOR THE ACQUISITION OF ADDITIONAL REAL PROPERTY
AS MAY BE REQUIRED; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO
CONSUMMATE THE PURCHASE OF REAL PROPERTY IN ACCORDANCE
WITH SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS
City of Denton City Council Minutes
September 9, 1997
Page 6
THEREFOR; AUTHORIZING THE ESTABLISHMENT OF A SiNKiNG
FUND THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
ITEM~ FOR INDIVIDIIAI~ C,{}N~IDERATII}N
13. The Council considered adoption of an ordinance authorizing the Mayor to execute a
second amendment to the existing agreement between the City of Denton and Texas Utilities
Electric Company extending the term therefor for an additional one year period; finding and
determining that the two meetings at which this ordinance was passed was open to the public as
required by law; providing for acceptance of the agreement by Texas Utilities Electric Company
and publication of notice of passage of this ordinance.
The following ordinance was considered:
NO. 97-277
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SECOND
AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF
DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING
THE TERM THEREFOR FOR AN ADDITIONAL ONE YEAR PERIOD;
FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH
THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED
BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC
COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS
ORDINANCE.
Brock motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
14. The Council considered adoption of an ordinance authorizing the City Manager to execute
an agreement for professional legal services with the law offices of Jim Boyle.
The following ordinance was considered:
NO. 97-278
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW
OFFICES OF JIM BOYLE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Brock seconded to adopt the ordinance.
Council Member Young stated that he would like to see a consultant hired from Denton County.
Mayor Miller indicated that these were specialized attorneys in the area of deregulation.
City of Denton City Council Minutes
September 9, 1997
Page 7
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay",
Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
15. The Council considered approval of a resolution supporting the existing boundary between
Denton County and Tarrant County and supporting Denton County in its dispute with Tarrant
County over approximately 5,500 acres of Denton County's southern-most boundary.
Mayor Miller stated that a motion was needed to suspend the rules to allow this item for
reconsideration at this time.
Kristoferson motioned, Young seconded to suspend the rules to allow Council to reconsider the
item. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "nay", Young
"aye", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
The following resolution was considered:
NO. R97-059
A RESOLUTION SUPPORTING THE EXISTING BOUNDARY BETWEEN
DENTON COUNTY AND TARRANT COUNTY AND SUPPORTING
DENTON COUNTY IN ITS DISPUTE WITH TARRANT COUNTY OVER
APPROXIMATELY 5,500 ACRES ON DENTON COUNTY'S SOUTHERN-
MOST BOUNDARY; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Young seconded to approve the resolution.
Council Member Durrance expressed several concerns regarding this resolution. He has not seen
any request directed to City Council for approval of this resolution. There was a letter from the
County Judge with a tone indicating that approval was already done. He had a concern about
reconsidering a matter previously voted on. He felt the Council should not suspend the rules for
conduct but rather for emergency needs or extraordinary reasons. Not to act under standing
general rules. He was concerned about the request for a reverse of position on a matter already
resolved. A request for a revote must state a specific, direct and unanticipated event not seen at
the time of the vote. There was no reason stated at this time. He felt outside influences must be
the reason. He also had concerns about the resolution. It had been stated that "all" cities except
Denton had passed a similar resolution. Council's back-up showed that Ponder, Argyle, Aubrey,
and Mustang had not passed such a resolution. It was bad policy to argue that everyone else was
doing it. It was not the duty of the City Council to decide what should be done by the County.
The City was not involved in this argument. He was being asked to support a position he was not
in favor of. The border dispute was in a court and it was improper to try and influence a legal
matter. The City should not meddle in the public policy of other governmental entities.
Durrance motioned to lay the item on the table. Motion died for lack of a second.
Mayor Miller stated that a suspension of the rules was not an emergency issue. The rules could
be suspended on any item unless the Charter or City code did not allow such.
City of Denton City Council Minutes
September 9, 1997
Page 8
Council Member Kristoferson stated that her request for reconsideration was direct and due to
unanticipated information. When the resolution first was considered, the Council did not have
much back-up information. At that point in time she voted against the resolution as she thought
the County was in settlement. She found out later that it was not settled at that time. Nineteen
cities supported the resolution and those two pieces of information would have influenced her
decision at the time of the first vote on the issue. Council had also received a letter from the
County Judge.
Council Member Young stated that the City should be interested in this dispute. That property
was worth a lot of money and generated many tax dollars. The resolution was indicating that the
City of Denton was supporting Denton County so as not to have to pay more taxes.
Council Member Durrance stated that the issue was not whether individuals could support the
County. The issue was whether the City should pass a resolution that did not effect it. The issue
was making policy issues that were outside the City's concern.
Mayor Miller indicated that he had voted against the resolution at the last consideration. He
would vote in favor at this consideration. There were many issues to consider. He felt issues
should deal with legislative issues and not legal issues. The City needed to support County on this
issue.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "nay", Young "aye",
Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
16. The Council considered approval of a resolution approving the mediated settlement
agreement between the City of Denton and the individuals protesting the City of Denton's landfill
permit application for the expansion of the existing landfill; and authorizing the City Manager to
execute said mediated settlement agreement.
The following resolution was considered:
NO. R97-060
A RESOLUTION APPROVING THE MEDIATED SETTLEMENT
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE
INDIVIDUALS PROTESTING THE CITY OF DENTON'S LANDFILL
PERMIT APPLICATION FOR THE EXPANSION OF THE EXISTING
LANDFILL; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
MEDIATED SETTLEMENT AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
Young motioned, Brock seconded to approve the resolution.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye",
Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
17. Consider nominations/appointments to City's Boards and Commissions.
City of Denton City Council Minutes
September 9, 1997
Page 9
Mayor Miller indicated that Alice Gore had been nominated by Council Member Cochran at a
previous meeting to the Keep Denton Beautiful Board. On roll vote, Beasley "aye", Kristoferson
"aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye".
Motion carried unanimously.
Council Member Beasley had nominated Bob Manning to the Board of Adjustment at a previous
meeting. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 8:30 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS