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Minutes June 09, 1998 MINUTES CITY OF DENTON CITY COUNCIL June 9, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting of the City of Denton City Council on Tuesday, June 9, 1998 at 5:15 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the following items were considered: 1. Closed Meeting: A. Consultation with Attorney–Under TEX. GOV’T. CODE Sec. 551.071 1. Met with City Attorney to consider strategy, discuss status, mediation and settlement of litigation styled Denton County Historical Museum, Inc. v. Denton County, et al., Cause No. GC-98-00098-C filed in the Probate Court of Denton County, including, but not limited to issues related to allegations of breach of contract and ownership of artifacts. 2. Met with City Attorney to consider strategy, hiring of outside counsel, and discuss possible conflict of interest matters in litigation styled Edward Soph, Carol Soph, Dale Branum, Citizens for Healthy Growth, and Joyce A. Poole v. City of Denton Zoning Board of th Adjustment, Cause No. 98-10388-16, filed in the 16 District Court of Denton County, a petition for writ of certiorari seeking a reversal of the Denton Zoning Board of Adjustment’s action in the United Copper Industries, Inc. appeal. B. Conference with Employees – Under TEX. GOV’T. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. Special Called Meeting of the City of Denton City Council on Tuesday, June 9, 1998 at 6:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the following items were considered: PRESENT: Mayor Miller, Mayor Pro Tem Beasley, Council Members Kristoferson, Burroughs, Cochran, Durrance, and Young ABSENT: None 1. The Council considered adoption of an ordinance authorizing the settlement of litigation styled Denton County Historical Museum, Inc. v. Denton County, Texas and the City of Denton, Texas, et al, Cause No. GC-98-00098-C filed in the probate Court of Denton County; authorizing and ratifying the Mayor’s execution of the Settlement Agreement dated June 4, 1998; authorizing the City Manager and the City Attorney to act on the City’s behalf in executing any and all documents and to take other actions necessary to finalize the settlement and release of claims. City Attorney, Herb Prouty, stated approval of this ordinance would give the City Manager and City Attorney the authority to execute a settlement in the lawsuit with Denton County Historical Museum. City of Denton City Council Minutes June 9, 1998 Page 2 The following ordinance was considered: 98-171 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF LITIGATION STYLED DENTON COUNTY HISTORICAL MUSEUM, INC. V. DENTON COUNTY, TEXAS AND CITY OF DENTON, TEXAS, ET AL, CAUSE NO. GC-98-00098-C FILED IN THE PROBATE COURT OF DENTON COUNTY; AUTHORIZING AND RATIFYING THE MAYOR’S EXECUTION OF THE SETTLEMENT AGREEMENT DATED JUNE 4, 1998; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY’S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS AND TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AND DECLARING AN EFFECTIVE DATE. Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. 2. The Council considered adoption of an ordinance authorizing the retention of Terry Morgan & Associates (Morgan) to provide a defense for the City of Denton Zoning Board of Adjustment (ZBA) and such other legal support required by the City of Denton in Cause No. 98-10388-16 in which the plaintiffs are Edward Soph, Carol Soph, Dale Branum, Citizens for Healthy Growth, and Joyce A. Poole. City Attorney, Herb Prouty, stated this would allow the City to retain Terry Morgan & Associates to provide legal services necessary to prepare a defense for the City for the lawsuit. The following ordinance was considered: 98-172 AN ORDINANCE AUTHORIZING THE RETENTION OF TERRY MORGAN & ASSOCIATES (MORGAN) TO PROVIDE A DEFENSE FOR THE CITY OF DENTON ZONING BOARD OF ADJUSTMENT (ZBA) AND SUCH OTHER LEGAL SUPPORT REQUIRED BY THE CITY OF DENTON IN CAUSE NO. 98- 10388-16 IN WHICH THE PLAINTIFFS ARE EDWARD SOPH, CAROL SOPH, DALE BRANUM, CITIZENS FOR HEALTHY GROWTH, AND JOYCE A. POOLE; AND DECLARING AN EFFECTIVE DATE. Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. 3. The Council considered adoption of an ordinance authorizing settlement of a roof damage City of Denton City Council Minutes June 9, 1998 Page 3 claim and authorizing the City Manager to accept the settlement and to execute a partial release of claims in return for payment of General Accident Insurance Company for roof damage by the contractor on the City Hall renovation contract. City Attorney, Herb Prouty, stated that this would be a partial release of the claim for roof damage outside the City Council Chambers. The following ordinance was considered: 98-173 AN ORDINANCE AUTHORIZING SETTLEMENT OF A CITY HALL ROOF DAMAGE CLAIM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE SETTLEMENT AND TO EXECUTE A PARTIAL RELEASE OF CLAIMS IN RETURN FOR PAYMENT BY GENERAL ACCIDENT INSURANCE COMPANY FOR ROOF DAMAGE BY THE CONTRACTOR ON THE CITY HALL RENOVATION CONTRACT; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. Following the completion of the Special Called Session, the Council convened into a Work Session at which the following items were considered: 1. Lee Hicks, Safety and Training Coordinator, presented the Denton Municipal Electric’s State Championship lineman rodeo teams. He introduced Craig Mankin, Brad Watts, Tim Kutas, Wes Gideon, J.R. Richardson, Matt Warschun and Kevin Strickland. 2. The Council received a report, held a discussion and gave staff direction regarding Phase I Impact Fees and 10-year Capital Improvement Plan from the consultant, Duncan Associates. Howard Martin, Assistant City Manager of Utilities, introduced Lee Head from Alan Plummer and Associates who went over the 10-year Capital Improvement Plan relating to impact fees. Head stated the improvements spread out over the next ten years throughout the City of Denton were a new water plant at Lake Ray Roberts, a wastewater treatment plant improvement, elevated storage tanks, and booster pump stations. He stated an estimated cost was determined for each project. An applicable cost to use towards the impact fee was then determined. Council Member Durrance asked if the study by TRNCC was taken into account. Head stated yes. James Duncan with Duncan Associates presented the preliminary results of the first phase of the water and wastewater impact fee study. The first phase covered only the cost associated with supplies, centralized water storage, production and treatment facilities and wastewater treatment facilities. The second phase covered water transmission and distribution and wastewater collection City of Denton City Council Minutes June 9, 1998 Page 4 facilities, and will be based on the preferred development scenario resulting from the comprehensive planning effort. Mayor Pro Tem Beasley asked if existing platted property had a one-year grace period and any land platted after would be subject to the impact fee. Duncan stated that any existing platted lot had a one-year grace period to get a permit and get started. If they did not get a permit and get started, then they would be subject to a fee after 12 months. Brenda McDonald, legal consultant, stated the phase 1 fee was based on monies collected and could only be spent on certain improvements. Once a property was charged an impact fee, that would be the only fee collected. The City could not go back and charge a fee for a subsequent phase. McDonald stated that platting might not be the trigger for collection of fees. Some property might plat between phase 1 and phase 2, would be subject to phase 1, but might have a grace period for phase 2. Mayor Pro Tem Beasley asked what would happen if projected population increases were incorrect and there was no need for the new facilities, and the impact fees had already been collected. Duncan stated if the population figures were wrong and there were no new developments, there would not be any impact fees collected. Mayor Pro Tem Beasley asked what would happen if more property were annexed. Duncan stated it would not matter. The collected monies would be spent on improvements. Council Member Young asked for the exemptions to be explained. How would they be implemented and how would they be figured into Denton’s plan for impact fees. Duncan stated the Council could decide what they would allow and general fund monies could be used to reimburse the water department. McDonald stated that if existing residential development that was not currently hooked to the water and wastewater system, purchased a meter when the lines were extended, the City could decide if they wanted to define that as a new development or whether there was a health, safety and welfare issue that they would require them to hook on when the lines were extended. Because they were an existing single family development they would probably be older and smaller type homes. The Council would have to decide if they wanted to include those types of folks as new development and subject to the impact fee. McDonald stated that some cities collected the fee at platting. If the property were platted but did not develop within 12 months, then the fee would be collected. She stated defining development would need to be discussed in order to draft the ordinance. Council Member Burroughs asked if there had been a plat and it was expanded, could impact fees be assessed only on the expansion. City of Denton City Council Minutes June 9, 1998 Page 5 Duncan stated yes. Council Member Burroughs asked if there was an existing group meter like at a mobile home park and they wanted to go to single metering, did that have any impact. Duncan stated determining what was new development would need to be considered. The demand on the system would still be the same. It would depend on how the retail cost was allocated on the system. Council Member Cochran asked if there were any examples anywhere where distinctions were made between profit making and non-profit making. Duncan stated not that he was aware of. If a development could show that they would not use water or generate the wastewater, then the fee could be reduced accordingly. There were ways the fees could be reduced but they would be based on the demand for the service and not on how much money they were making or not making. Mayor Miller stated that the purpose of this was to reallocate costs from current users paying for new development coming in and letting new development pay for itself. He asked what impact this would have on current ratepayers if the City did not implement impact fees. Duncan stated that any new developments would encumber this cost. Council Member Young asked how a current user doing an update would be handled. Duncan stated that if they had an investment in the system, it would be a replacement issue. The Council instructed staff to proceed with the Impact Fee Schedule as shown in the agenda packet. 3. The Council received a report, held a discussion and gave staff direction concerning Residential Solid Waste automated collection and a public/private partnership to develop a Materials Recovery Facility (MRF). Howard Martin, Assistant City Manager of Utilities, stated there were baseline budget issues to be addressed. He recommended a no rate increase budget–a baseline budget. He stated that there were two options available. Option 1a included a residential automated route and Option 1b included a residential manual route. Both options included a roll-off route addition, alternative daily cover and an after hours drop-off site. The Public Utilities Board also recommended a supplemental package for a public/private partnership to develop a Materials Recovery Facility (MRF). Charlie Watkins, Director of Solid Waste, stated there was a need to look at these issues due to an increase in population. He went over the residential routes and pointed out that they were at maximum and changes needed to be made for the benefit of the employees. Residential routes averaged a little over 1400 households per day. The industry standard was between 1100-1200 households per day. This computed to 1750 pounds an hour or 25-30 pounds per minute. The Public Utilities Board agreed that something should be changed. City of Denton City Council Minutes June 9, 1998 Page 6 Martin stated a decision needed to be made whether to continue with manual routes or switch to automated routes. Manual collection was labor intensive and prone to injury. He stated the department had an excellent safety record; worker compensation claims were low. Watkins stated a lot of localities had gone to automated collection–one man and one truck with a special container at the household. An optimal route would be 1000 households per day. The automated system was not quite as productive as manual collection. He stated the turnover rate of personnel was high and wages at entry level were low compared to market. He stated it was difficult to attract personnel and keep them. Council Member Cochran asked what was the size of the container on automated collection, what the frequency of collection would be, and the ease of use for the elderly. Watkins stated that 90-gallon containers or 60-gallon containers could be used. He stated that the department had always maintained a list of shut-ins or elderly who could not handle their containers and arrangements were made to assist them and would continue to do so. He stated they anticipated maintaining twice a week service if the automated system was started. Some areas of town would be virtually impossible to use automated collection; probably 40% of the town could not be automated. Council Member Cochran asked if the container would be placed in the street or in the right-of-way. Watkins stated container would be placed curbside. Council Member Young asked how many three-man crews there were now. Watkins stated there were six three-man crews. Council Member Young asked how many jobs would be lost if the automated collection was put in use. Watkins stated they would not lay off anyone. He stated a route would be added and one full time and one part time person would be added. Council Member Young asked if there would be a rate increase. Martin stated that there would not be a rate increase. Mayor Miller asked if the automated route was more expensive than a manual route. Martin stated the automated route would be more expensive. Council Member Young asked if existing trucks could be modified. Martin stated they had looked at modifying existing trucks and it was not cost effective. Council Member Burroughs asked if the life of a vehicle was figured at five years. City of Denton City Council Minutes June 9, 1998 Page 7 Martin stated they hoped to get seven years out of them. Council Member Burroughs suggested increasing the base rate of pay of entry-level personnel and fund another route with the difference between the manual and automated route. He asked about loss of damage of containers on the automated system–would the homeowner be responsible for the container if it was lost. Watkins stated the homeowner would be responsible for the container. Mayor Pro Tem Beasley stated that she had received a lot of compliments on the City’s solid waste collection. She asked how bulky items would be picked up. Watkins stated they would have to send another truck to pick up those items. Mayor Pro Tem Beasley stated it was best to stay with manual routes and not jeopardize the level of service. Mayor Miller stated now was not the time to change the level of service provided. Council Member Cochran stated it was best to wait on the automated system and look at raising some salaries. Council Member Young stated the level of service should be maintained and suggested raising the entry level salaries. Consensus of the Council was to stay with the manual collection trucks. Martin briefed the Council on the Materials Recovery Facility (MRF). He stated a baseline scenario would be bringing the MRF online with no rate increase anticipated for the first four years. He proposed using the asset of the landfill to consider collection of trash outside the Denton community. Materials Recovery Facility (MRF) was a processing facility to which solid waste would be brought, dumped on the floor, ran through a sort line, recyclable materials removed, and the solid waste baled. He stated this use of the landfill could produce some revenue for the City. Council Member Cochran asked if the MRF could pay for itself if solid waste collections remained in Denton. Martin stated no. He stated the break-even point would be 35-40,000 tons. Council Member Young asked how much could be made from recycling and how much could be made bringing solid waste in from other cities. Martin went over the revenue potential. Council Member Burroughs asked if the issue of compaction and baling techniques were tied to MRF. City of Denton City Council Minutes June 9, 1998 Page 8 Martin stated yes. Council Member Burroughs stated that the City should do whatever it could to expand the site life. Mayor Pro Tem Beasley stated this would extend the life of the landfill for about 20 years. She stated that more and more people were asking about curbside recycling and asked how the price on recyclables would affect this. Martin stated if the City processed more through the facility, it would make more money. If the price on recyclables went up, the City would make more money. Council Member Cochran asked what the length of the contract would be. Martin stated 10 years. Consensus of the Council was to proceed with the Materials Recovery Facility. 4. The Council received a report, held a discussion and gave staff direction regarding an update of the City of Denton Workforce Diversity Plan (FY 1997/98 to 2001/02). Paulette Owens-Holmes, Director of Human Resources, provided the Council an update on the Workforce Diversity Plan. Council Member Young asked her to explain the off-site pilot-testing program. Holmes stated that presently all fire fighter testing was done at the City of Denton. Through this program, the City could go to the University of Houston where there was a high minority rate and conduct the test on-site so as to be able to enhance our minority eligibility list. Mayor Pro Tem Beasley stated she was pleased to see how much diversity some of the departments had. Mayor Miller stated it was an excellent report and hoped everyone understood that the City was committed to workforce diversity. Council Member Kristoferson stated she was pleased to see the male/female diversity. Council Member Young stated that there were twice as many minorities working at the City since City Manager Benavides came to work for the City. He said he wanted to thank everybody for working on this. 5. The Council received a report, held a discussion, and gave staff direction regarding the 1998- 2003 Capital Improvement Program as recommended by the Planning and Zoning Commission. Jon Fortune, Director of Budget, stated that year 1998-99 of the proposed 1998-2003 CIP City of Denton City Council Minutes June 9, 1998 Page 9 represented the last year of the five-year CIP approved by voters in 1996. He stated the five-year proposal would help facilitate the process to develop the next bond program. He stated that the Council might wish to appoint another citizen advisory committee to look at the next bond program. The Capital Improvement Program had two main components. First was the General Government CIP which were projects that were non-utility related such as streets, drainage, parks, airport, and General Government facilities. These projects would be funded through general obligation bonds, certificate of obligation funds, or other financing methods. Second was the Utility CIP, which were projects that benefited the City’s enterprise funds such as the Electric, Water, Wastewater, Solid Waste, and Fleet Service departments. These projects would be funded through revenue bonds or other methods. 6. The Council received a report, held a discussion, and gave staff direction regarding the interim Corridor Ordinance. Cecile Carson, Planner, gave the Council an update on the Corridor Ordinance and stated that changes had been made to the proposed ordinance as Council had requested at the first public hearing. She stated the revised schedule would depend on the Council’s determination on the notice. She stated that a notification process would have to be followed and there were two options for notification. The first option was to send a notice to each property owner within 200 feet of the property on which the change in classification was proposed. Research indicated the number of notices would be over 2400. The Planning and Zoning Commission would hold a public hearing on July 8 and the City Council would hold a public hearing on July 21. The second notification option was for the Council to hold a joint public hearing with the Planning and Zoning Commission. If this were the direction the Council wanted to take, the written notice to property owners would not be required. Council would take action on June 16 to prescribe the public notice and a joint public hearing with the Council and the Planning and Zoning Commission would be on July 21. The attorneys recommended option two. Mayor Miller asked if this applied to all property along the proposed corridor. Carson stated yes. Council Member Durrance suggested going with option two. Mayor Pro Tem Beasley expressed concern that actual property owners were not going to get notification. Council Member Cochran agreed with Council Member Durrance and Mayor Pro Tem Beasley. He felt both options were needed together. Mayor Miller stated property owners should be notified. Consensus of the council was to proceed with notifying property owners within the zone and holding a joint public hearing with the Planning and Zoning Commission. 7. The Council received a report, held a discussion and gave staff direction regarding public City of Denton City Council Minutes June 9, 1998 Page 10 comments received during the Alternative Development Scenarios public meetings. Nancy McBeth, Planner, reported approximately 150 people attended the six public meetings held. Twenty-one surveys were returned. Comments were delivered in Council’s packets. She presented two options to the Council. She stated option one was to proceed with the process as contracted with RUST/HOK. Limited public comments would be used to identify patterns consistent with the Denton Plan Policies. Option two included an alternate schedule and provided more public meetings in order to obtain more citizen input. This would delay the schedule one month. It also included a planning chart prepared by the consultant about the preferred scenarios. Council Member Cochran asked what reaction was received to the population forecast of 230,00. McBeth stated there were some negative and some neutral reactions. Council Member Cochran stated he favored option two. Council Member Young stated most people were interested in today and maybe five years down the road, not 20 years down the road. Mayor Miller stated the Council needed to decide whether to plan for this or just wait until the population reached 230,000. Council Member Durrance thought citizens were confused about different scenarios. He thought a plan should be developed and then let citizens know what was going on. He was in favor of option one. Mayor Pro Tem Beasley thought people were confused. She was in favor of option two. Council Member Kristoferson stated there would be other opportunities to get the public’s opinion. Council Member Young felt that 150 people was not indicative of the community’s opinion. He thought more citizens needed to be involved and felt one more attempt should be made. Council Member Burroughs stated that the best coalition of ideas should be developed and presented to the public. Svehla stated staff would visit with each Planning and Zoning Commission Member and Council Member, RUST/HOK and staff would incorporate Council’s suggestions into a scenario, public meetings would be held in each district, and then it would be brought back to council. 8. The Council received a report, held a discussion, and gave staff direction regarding cable television rates. (The Cable Television Advisory Board recommended approval of C2 Consulting’s recommended maximum permitted rates (6-0) on May 27, 1998) Richard Foster, Public Information Officer, stated the City was certified to regulate rates for basic cable service, associated equipment, and the hourly service charge. Marcus’ proposed rates went into City of Denton City Council Minutes June 9, 1998 Page 11 effect on June 1, 1998. Foster stated the Council had three options. The first option was to approve the rates proposed by Marcus. Option two was to take no official action and allow Marcus’ rates to stand as implemented. Option three was to reject or modify the proposed rates and issue a rate order adopting the rates as recommended by C2 Consulting. If the Council selected option three, Marcus could accept the modified rates and issue any overcharges to subscribers as a refund or appeal the Council’s decision to the FCC. Council directed staff to go with C2 Consulting’s recommendation. 9. The Council received a report, held a discussion, and gave staff direction regarding the results of the supplemental budget priority questionnaire with City Council. Jon Fortune, Director of Budget, presented Council with the results of the budget priority questionnaire. Results were ranked by priority and effort rating. With no further business, the meeting was adjourned at 10:50 p.m. ______________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ______________________________ JANE RICHARDSON DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS