Minutes August 07, 1990CITY OF DENTON CITY COUNCIL MINUTES
AUGUST 7, 1990
The Council convened into the work session in the Civil Defense
Room at 4:00 p.m.
PRESENT:
Mayor Castleberry; Council Members Alexander,
Ayer, Gorton, Hopkins and Trent.
ABSENT:
1.
Mayor Pro Tem Boyd
The Council received staff budget presentations
A. Introduction
Lloyd Harrell, City Manager, stated that the department
directors would be making the budget presentations and would
concentrate on changes from last year's budget and other
significant items. In almost every case, there were no ma~or
increases in any budget. The following was the proposed
calendar for future Council meetings: August 28 - budget
discussions, September 4 - public hearing on the budget, and
September 11 - study session for the budget.
John McGrane, Executive Director for Finance, stated that in
the proposed budget the divisional personal services totals
included a merit increase, insurance increase and no salary
savings deduction. Staff had prepared a new listing for
personal services which adjusted those figures.
B. City Services
General Government - Catherine Tuck, Administrative Assistant,
presented the General Government budget. She stated that the
General Government budget included expenditures related to the
City Manager's Offices, City Secretary, Mayor and City
Council. There were no new programs and no new positions
requested in the 1990-91 budget.
Council Member Hopkins asked if the salary figure was $386,000
or $381,000.
McGrane replied that if the budget were passed as proposed or
without any merit or without any additional increase over 17%
in the health insurance, the figure would be the $364,821.
Council Member
dues/publications.
Trent questioned the figures on
City Manager Harrell replied that the figure represented
membership in organizations such as the National League of
Cities, the Texas Municipal League and other staff professional
organizations.
NOTE: THERE IS NO PAGE 89 OR PAGE 90.
City of Denton City Council Minutes
August 7, 1990
Page 2
91
Code Enforcement - Cecile Carson, Administrative Analyst,
presented this budget. She stated that there was a significant
difference in personal services in her budget. Under the
1989-90 budget, the salary for the Administrative Analyst was
in the residential solid waste budget and there was no
clerk/typist. The current clerk/typist who was hired when the
department was reorganized and placed under General Government
was currently being paid by the animal control budget.
City Manager Harrell stated that this was merely a bookkeeping
item as there would be a similar decline in the residential
solid waste budget and the animal control budget.
Carson continued that special services had changed because in
previous years, the amount of money used for mowing liens had
been taken out of an accounts receivable account which was set
up to handle that administrative fee. To clean up that
bookkeeping item, $800 was added to the special services
account to cover the filing of those liens in County court.
Council Member Trent asked about the telephone expense.
Carson replied that the figure represented the cost of the new
phone system being installed as well as the actual use of the
system.
McGrane replied that under the new phone system, certificates
of obligation were sold to fund the system. What was budgeted
for telephone costs would help pay off the debt service.
Council Member Trent stated that then there was really no way
to reduce the cost of phone expense in department budgets.
McGrane replied yes.
Leqal - Debra Drayovitch - City Attorney, presented this
budget. She stated that there were no major changes to current
service levels proposed. She stated that salaries were up some
due to insurance cost increases, supplies were up some due to
the increase in fax charges, and maintenance was up due to
increases in maintenance contracts on the PC's in her office.
Council Member Trent asked about the department's coffee fund.
Drayovitch replied that that expense came out of special
services and was approximately $250 per year.
Municipal Court - This budget was presented by Municipal Judge
Sandra White. She stated that there were no major changes in
her budget. She was proposing one supplemental package which
was evening court for juveniles which she would like reviewed.
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August 7, 1990
Page 3
Council Member Gorton asked the number of cases per month the
evening court might handle.
White replied approximately 50 cases per month.
Planning and Development - Frank Robbins, Executive Director
for Planning, stated that between the Planning Department,
Building Inspections Department and Main Street which was a
separate budget for the first time this year, there would be an
approximate $17,000 savings from last year's budget. All
overtime had been cut, major cuts in publications and cuts in
travel/training. The previous organization of the Department
included a Director, Planning Administrator, Senior Planner,
two Urban Planners, Planning Technician, Administrative
Secretary, -Secretary and a Clerk/Typist. The new organization
of the department would include a Director, Urban Planner,
Senior Planning Technician, Planning Technician, Administrative
Secretary, and Secretary. The Planning Administrator and
Clerk/Typist positions had been eliminated with the personnel
being shifted to different categories in the organization.
Mayor Castleberry stated that costs went up due to the
reorganization.
Robbins replied yes the cost went up but that there were cuts
in other places to make up the difference.
Building Inspection - Robbins continued with the Building
Inspection budget. A plumbing inspector was being cut this
year with an increase in vehicle maintenance due to the age of
the vehicles. There was an increase in travel/training as the
loss of the plumbing inspector required others to have more
training to do that job.
Council Member Gorton stated that mobile home parks were listed
under the goals section. Was that to verify that they complied
with current regulations.
Robbins replied yes mainly regarding hook-ups with gas, water,
wastewater, and electricity.
Main Street - Robbins stated that this was the first year the
Main Street was a separate item. Last year it was all in the
Planning budget. There were no ma]or changes in the Main
Street budget.
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August 7, 1990
Page 4
C. Public Safety
Police Department - Mike Jez, Police Chief, presented' the
Police Department budget. He stated that two years ago there
were four divisions in the Police Department. Last year that
was trimmed to three divisions and this year they were
consolidated to one central budget. The programs would remain
the same as last year with a major effort being placed on the
continuation and expansion of the COPS program. The sundry
category had the largest increase due to increase in local cash
contributions for grants for the D.A.R.E. officer and the child
abuse investigator.
City Manager Harrell stated that that was a grant program where
the Federal Government initially paid 100% of the cost for the
first year and each year after that, the City was responsible
for 20% of the cost of the programs.
Council Member Alexander asked about the status of approval of
those grants for the coming year.
Jez replied that no information had been received yet.
Council Member Gorton asked what the full dollar amount would
be if the grants were not approved.
Jez replied that a decision would have to be made whether to
continue the programs and would have to fund 100% of the
programs if not approved.
Council Member Gorton asked how training for new officers was
charged out.
Jez replied that if came out of 8503 (travel) and 8522
(school/seminars).
Fire Department - John Cook, Fire Chief, presented the budget
for the Fire Department. He stated that his budget was a
fairly conservative budget. It represented one major change
from prior budgets in the area of overtime costs.
Council Member Gorton asked if the supplies category included
uniforms.
Cook replied no that it would be in another area. Supplies
included books, freight, janitorial services, laundry, etc.
City of Denton City Council Minutes
August 7. 1990
Page 5
The Operations Division had only one major increase in the
category of 8042 - sworn personnel overtime. This was due to
correcting overtime and taking up the slack for a new person
when an individual retired.
City Manager Harrell stated that the only way to impact the
overtime budget, in this scenario, would be to take a piece of
equipment out of service. No one was brought back unless at
minimum manning level. Therefore, someone was needed to
maintain the minimum manning. Traditionally, that was
underbudgeted and when it went over budget, the slack was taken
up by some other city budget so that all the units remained in
service. This year a more realistic job of estimating the time
was reflected in the budget.
Cook continued with the Fire Prevention budget. There was a
slight increase in personal services due to the employment of a
fire protection engineer. This was a reclassification of an
existing position at a higher salary. Those funds were made
available through a reduction of the MS Coordinator position.
There was a new category added "city testing', which represented
tests from the arson lab. In the past, those tests had been
donated but the lab could no longer afford to do that. The
Emergency Medical Services budget represented an increase in
sworn personal overtime for the same reason as stated earlier.
There was an increase in schools/seminars because the
Department was going to contract with HCA to provide a
paramedic school in Denton at the Flow Campus. Normally an
ambulance was purchased each year, but due to the budget
shortfall, one was not proposed in the next fiscal year.
D.' Municipal Services
Municipal Services/Economic Development - Linda Ratliff,
Economic Development Coordinator, stated that their budget
represented a 4.8% 'decrease from the budget last year. The
supplies category was increased due an increase in office
supplies, fax charges, xerox copies, and freight. These
charges were used for the preparation of proposals and
presentations for industrial prospects. There was a decrease
in the maintenance category. Total proposed budget was
$163,846.
Quest - The Quest budget was presented by Betty Wilkins,
Program Coordinator. She stated that comparing the 1988-89
budget to the 1989-90 budget, the program had been severely
cut. This year it would be cut down to her position only.
Customer service and productivity would be the two key areas
which she would be focusing on in the coming year.
NOTE: PAGES 95-96 REMOVED DUE TO MACHINE ERROR.
City of Denton City Council Minutes
August 7. 1990
Page 6
Library - Joella Orr, Librarian, stated that there were two
unknowns in her budget at this point. One was County funding
.which a meeting was being planned for the following week. The
other was the status of the literacy grant which possibly would
be decided about mid-September. Her budget for next year was
slightly less than for this year. In order to meet the target
figure, book binding money had been eliminated. More
information would be available next week.
Environmental Services - Nonie Kull, Environmental Health
Services Manager, stated that her budget included animal
control and environmental health. There were no ma]or
increases in the environmental health budget. The ma]or aspect
of the animal control budget was the elimination of the animal
control supervisor. This required the rescheduling of
operations and the curtailment of evening hours of operation.
Only emergency situations would be handled after 5 p.m.
Council Member Gorton asked who would get the calls for a
nuisance complaint or an emergency.
Kull replied the dispatcher would get the call and forward the
call to the animal control officer who would call the citizen
and make the determination if the call was an emergency. A
seasonal employee would be hired during the summer months as
there usually was a large increase in calls during those months.
Parks and Recreation - Director of Parks and Recreation Steve
Brinkman stated that the Department was made up of four
different budget areas. The Administration area handled most
of the daily management and operations. For the Department as
a whole, there were no new full-time positions. There were
some part-time dollars added back in to Leisure Services to add
back recreation center hours. There were three open positions,
the Park Planner, the Therapeutic Recreation Specialist, and
the Civic Center Supervisor which would cause some reduction of
services in certain areas. In the administrative area, the
reduced services would involve the six month delay of filling
the Park Planner position. In the leisure services area, in
addition to the two open positions, the reduced services
include elimination of the payment to the youth sports
leagues. In the park maintenance area and the building
operations area, the level of services would remain the same.
Council Member Alexander asked how many people were working in
the Senior Citizens Center.
Brinkman replied there were three full-time people and some
building attendants which worked on a part-time basis. There
were also volunteers from RSVP and SPAN which helped with the
reception desk.
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City of Denton City Council Minutes
August 7. 1990
Page 7
Council Member Ayer requested a breakdown of income and
expenses for the Goldfield Tennis Center and the golf driving
range.
Council Member Gorton asked for the number of days open and the
number of actual hours open for the driving range.
Personnel - Tom Klinck, Director of Personnel, stated that he
would be presenting a brief overview of the 1990-91
compensation and benefits program followed by the
Personnel/Employee Relations Department proposed budget. As
the preliminary 1990-91 budget was looked at with revenue
projections significantly down, the focus was quality delivery
of citizen programs and services. To maintain that and to keep
them in place plus minimize the potential for layoffs, it was
proposed to maintain the staffing primarily to support the
delivery of programs and services to the citizens. Thus there
were no salary adjustments or market adjustments and no merit
increases in the budget. It was important for Council to
understand the consequence of no increases as it related to the
competitive job market. No changes in compensation or no
increases in compensation affected the City's ability to
attract and retain quality employees. This year it was also
compounded by an increase in the health insurance premium. The
dependent health insurance increases currently proposed by
Sanus was at 21% with the cap being at 22%. That was currently
under negotiation. For those employees on the HMO only, it
appeared that the increase would be a 1%-2% equivalent salary
increase to make up the difference. For the employees on Sanus
Plus, it would be a 2%-4% increase in order to make up the
difference. There were no additional new programs recommended
in the budget. There was a planned on-going update of TMR$ and
a fire pension increase to 14% which was state mandated.
Klinck continued with the Personnel budget which was 1.03%
under the current budget. Additional funding was being
requested in personal services which would fund two/thirds of
the salary of the personnel representative for benefits which
was formally funded in the previous health insurance fund.
City Manager Harrell stated that formally, when the City was
self-insured, 2/3's of the position was paid out of those
funds. Now the entire amount was needed to be picked up by the
General Fund.
E. Engineering, Transportation and Airport
Engineerinq - Jerry Clark, City Engineer, stated that he had
four budgets to present. The Engineering budget had no new
personnel with a slight increase in maintenance and supplies.
A supplemental package was being requested to upgrade a
computer which allow them to receive more information on
programs for floodplain studies.
City of Denton City Council Minutes
August 7, 1990
Page 8
Council Member Ayer asked how personal services could remain
the same when the amount budgeted was going up.
Clark replied no new people were being added and that part of
the cost was due to the rise in the health insurance. Also two
positions were reclassified this year.
The Traffic budget reflected a change in overtime policy where
a lower salaried employee was responding to sign complaints.
Uniforms were added to the budget and there was a decrease in
the maintenance area of this budget.
Street Patching had no new people in the proposed budget and a
similar level of service. Street Construction added uniforms
to the budget and had the same personnel as last year. Clark
stated that the figures for Street Lighting came directly from
the Utility Department based on average monthly charges. The
estimate was down for next year as some of the expansions
estimated were not done.
Airport - Joe Thompson, Airport Manager, stated that the
airport budget would remain the same except for the loss of one
employee. There was' a proposal to eliminate the airport
maintenance worker position. Special services was increased to
cover the expense of contracting to mow the airport.
City Manager Harrell stated that it was an offset in that part
of the savings due to the elimination of the position would be
used to contract out to mow the airport.
Council Member Trent asked if that would be a real savings.
Thompson replied that with the cost of fuel rising, it might
balance out and not be a true savings.
Council Member Trent asked how many acres were being mowed.
Thompson replied approximately 200 acres.
Deputy City Manager Svehla stated that
contract was derived from estimating
$14-$15 per acre for four to five times.
Concern was expressed by the Council
need more mowing than what was proposed.
the amount of the
mowing 200 acres at
that the
airport might
Council Member Ayer asked how many times it was being mowed now.
Thompson replied every five weeks.
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City of Denton City Council Minutes
August 7, 1990
Page 9
Council Member Ayer asked if that had been a traditional figure.
Thompson replied yes.
F. Sanitation/Equipment Services
Community Services - Bill Angelo, Director of Community
Services, presented this item. The Drainage budget did not
have many changes for the proposed budget. There was a $12,000
cut in what was requested to maintain services. That amount
would be made up by either purchase or lease of equipment or
the street sweeping area.
A discussion was held regarding future drainage needs of the
City and work needed.
The Sanitation budget included several new packages designed to
meet new Federal regulations. Some of these included a scraper
rental for the landfill, a tire cutter for the landfill, a
replacement pickup, parts for the scale at the landfill, and
front load dumpsters. These packages were proposed in the
budget assuming that commercial would not be sold. These
expenditures would not be made until some type of decision had
been made about the commercial business. Another proposed
program was a curbside recycling pilot program. The Commercial
budget assumed that the City would stay in the business. No
new personnel would be required for the solid waste
department. Community Services budget would remain the same.
Fleet services would be unchanged.
The Council convened into the Regular Session at 7:00 p.m. in
the Council Chambers.
PRESENT:
Mayor Castleberry;
Members Alexander,
Trent.
Mayor Pro Tem Boyd; Council
Ayer, Gorton, Hopkins and
ABSENT: None
1. The Council considered approval approval of the
minutes of the regular sessions of June 5, 1990 and June 19,
1990 and the special call session of June 26, 1990.
Alexander motioned, Ayer seconded to approve the minutes.
Council Member Ayer asked to be allowed to abstain from voting
on those items he had not participated in the discussion of and
those items he had not had a chance to study. Motion on the
minutes carried unanimously.
City of Denton City City Council Minutes
August 7. 1990
Page 10
101
2. The Council received an update from Dr. Roland Vela
regarding the Texas Municipal Power Agency.
Dr. Vela presented information on the overall condition of the
plant and the financial conditions of the plant.
3. The Council received a citizen report from Donald Cox
regarding the Outreach Library program at the Martin Luther
King, Jr. Recreation Center.
Mr. Cox stated that the service was too significant to be
closed at this time. He understood that the library services
were "never intended to be permanent" The people who used
that service wanted it to be permanent. He asked that the
Council not use the rational that the service was never
intended to be permanent as a basis for justifying a decision
to discontinue the service. He presented a petition of support
for the continuation of the Outreach Program.
4. The Council received a citizen report from Reginald
Jackson regarding the Outreach Library program at the Martin
Luther King, Jr. Recreation Center.
Mr. Jackson stated that after a meeting this morning with Steve
Brinkman, Joella Orr and Betty McKean, that there were many
misconceptions about what the project was suppose to do. His
organization and the community felt the goal was to provide
library service for the purpose of eliminating illiteracy. He
also presented a petition of support for the program. He
presented suggestions for continuing the library services at
the MLK Center as suggested by the Collins Youth College
Council: (1) a commitment be made by City officials to operate
the library project until illiteracy was eliminated from the
area the project served, (2) all City officials consider
Denton's budgetary shortfall as a temporary financial condition
which should reflect any cuts in library services, (3) as an
alternative to complete termination of the King library
project, operation of the project as a City operated reading
room until adequate funding allowed the project to be restored
to its present status, (4) MLk Advisory Committee would be
responsible and have the authority to assure the continued
operation and success of the King library and answer the to
Library Director, (5) City officials continue to review the
option to provide children from lower income families
transportation from the King Center to the Fowler Library, (6)
retain all current reading materials currently housed in the
King Library, maintain the courier service currently in
operation between the two libraries, recruit interns working
for Information Science degrees at both Universities, obtain
assistance from local, well-organized volunteer services
establishing a volunteer board specifically for the reading
room and continue the facility use agreement under which the
library project had operated since moving to the King Center.
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City of Denton ~.ity Council Minutes
August 7, 1990
Page 11
Any decisions being made
community include community
who were properly equipped,
the community.
concerning the southeast Denton
input, collected from individuals
informed and willing to represent
Mayor Pro Tem Boyd stated that it was his understanding that
the program was intended as an outreach program to encourage
use of.the library. He felt that the City would never be able
to provide an adequate library in the sense that the community
deserved. The emphasis ought not be to provide a separate but
unequal library in the Black community but rather to provide a
way to encourage children to begin using library facilities.
Jackson replied that the primary goal for the community of
southeast Denton was to invoke a wider interest and that it was
not communicated well enough to the community in the two years
the program had existed. He felt that right now, at this time,
there was no use for the Fowler Library because there was no
awareness being invoked in the community about the small
library. A better communication process at the King Center
would possibly increase awareness of the Fowler Library.
Council Member Alexander stated that the response of the
community indicated that the project might have been more
successful than they realized.
Council Member Hopkins stated that no decisions had been made
at this time. It was in the nature of the job of the library
staff to bring the item to Council.
Consent Agenda
Council Member Gorton requested that item 5.A.1. be pulled for
special consideration.
Gorton motioned, Boyd seconded to approve the Consent Agenda
except for Item 5.A.1. Motion carried unanimously with Council
Member Ayer abstaining for lack of information.
A. Bids and Purchase Orders:
2. P.O. 998902 - J & S Equipment
3. P.O. ~98905 - Kone ~ngineers
4. Bid %1014 - White Glove
B. Tax Refunds
Considered approval of a tax refund for
Harold R. Gore.
Considered approval of a tax refund for
Penders Music Store.
City of Denton City Council Minutes
August 7, 1990
Page 12
103
Item 5.A.1. was considered.
Council Member Gorton stated that names of all of the companies
were essentially the same except for one or two letters. He
wanted to be assured that this was not one parent company that
had three subsidiaries place bids.
Tom Shaw, Purchasing Agent, replied that that appeared to be
the case. There was an option to bring this purchase to
Council as a single source because to the best of their
knowledge, it was a single source. However, since they were
not sure, they chose to go through the formal bid process in
hopes that something else would be developed. The request was
sent to numerous other people they assumed to be in this type
of business. No one else replied. The quotes were from the
factory, the northeast representative and the southwest
representative.
Council Member Gorton stated that essentially the difference
was shipping.
Shaw replied yes.
Gorton motioned, Hopkins seconded to approve Consent
Item 5.A.1. Motion carried unanimously with Council
Ayer abstaining for lack of information.
Agenda
Member
A. Bids and Purchase Orders:
1. Bid %1125 - Hydraulic Torque Machine
6. ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services. (4.A.1. - Bid %1125)
The following ordinance was considered:
NO. 90-105
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE.
Gorton motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously with Council Member Ayer abstaining for lack of
information.
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City of Denton City Council Minutes
August 7, 1990
Page 13
B. The Council considered adoption of 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. (4.A.2 - P.O. ~98902, 4.A.3.
- P.O. ~98905)
The following ordinance was considered:
NO. 90-106
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.
Gorton motioned, Alexander seconded to adopt the ordinance. On
roll vote, Trent "aye,', Alexander "aye," Hopkins "aye," Gorton
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously with Council Member Ayer abstaining for lack of
information.
C. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract
between the City of Denton and White Glove; and providing for
an increase in the contract price. (4.A.4 - Bid ~1014)
The following ordinance was considered:
NO. 90-107
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND
WHITE GLOVE; PROVIDING FOR AN INCREASE IN THE CONTRACT
PRICE; AND PROVIDING AN EFFECTIVE DATE.
Gorton motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
D. The Council considered adoption of an ordinance
amending Section II of the franchise granted to Lone Star Gas
Company by Ordinance No. 82-56 to provide for an amended
franchise fee to be paid by Lone Star Gas Company for the use
of the public streets. (Third Reading)
City of Denton City Council Minutes
August 7, 1990
Page 14
Lloyd Harrell, City Manager, stated that the increase in the
gas franchise was part of last year's budget discussion. At
that time, the fee was included ($50,000) in last year's
budget. Since that time, John McGrane had been working with
Lone Star Gas to negotiate the contract to win other
concessions regarding the frequency of payment. Lone Star was
unwilling to do anything except change the amount from 2% to
3%. The concerns expressed by Mayor Pro Tem Boyd regarding the
wording of the ordinance had been worked through by the Legal
Department and Mayor Pro Tem Boyd and had improved the document.
The following ordinance was considered:
NO. 90-108
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SECTION II OF THE FRANCHISE GRANTED TO LONE STAR GAS
COMPANY BY ORDINANCE NO. 82-56 TO PROVIDE FOR AN
AMENDED FRANCHISE FEE TO BE PAID BY LONE STAR GAS
COMPANY FOR THE USE OF THE PUBLIC STREETS; AND
DECLARING AN EFFECTIVE DATE.
Boyd motioned, Gorton seconded to adopt the ordinance.
vote. Trent "aye," Alexander "aye," Hopkins "aye,"
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
Motion carried unanimously.
on roll
Gorton
"aye."
Item 7.A. was considered.
7. Resolutions
A. The Council considered approval of a resolution
temporarily closing the 100 block of North Elm Street, the 100
block of West Oak Street, the 100 block of North Locust Street
and the 100 block of West Hickory Street on September 15, 1990.
Jane Biles, Main Street Director, stated that the street
closing was for County Seat Saturday. In the back-up material,
petitions were circulated to the businesses on the Square and
the area affected by the closure. There were signatures of all
of the businesses represented with the exception of two. Two
businesses would not sign the petition and would not oppose the
street closing. All of the property owners who were not
represented as business owners on the Square had been contacted
by phone and told of the date of the meeting so that they could
be present to oppose the closing if they desired. She did not
receive any opposition on the phone.
Council Member Trent expressed a desire to confirm that there
was no one in the audience who opposed the street closing.
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City of Denton City Council Minutes
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Page 15
No one in the audience expressed opposition to the street
closing.
The following resolution was considered:
NO. R90-038
A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF
NORTH ELM STREET, THE 100 BLOCK OF WEST OAK STREET,
THE 100 BLOCK OF NORTH LOCUST STREET AND THE 100 BLOCK
OF WEST HICKORY STREET ON SEPTEMBER 15, 1990; AND
PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Ayer seconded to approve the resolution.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
"aye." Motion carried unanimously.
Council returned to the regular agenda order.
6. Ordinances
E. The Council considered adoption of an ordinance
amending Article I of Chapter 9 of the Code of Ordinances of
the City of Denton, Texas ("Electrical Code") to provide for
adoption of the 1990 National Electrical Code and adoption of
amendments to the National Electrical Code; to provide for
additions thereto; repealing all ordinances in conflict
herewith: and providing for a penalty in the amount of
$2,000.00 for violations therefor. (The Electrical Code Board
recommended approval.)
The following ordinance was considered:
NO. 90-109
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 9 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS
("ELECTRICAL CODE") TO PROVIDE FOR ADOPTION OF THE
1990 NATIONAL ELECTRICAL CODE AND ADOPTION OF
AMENDMENTS TO THE NATIONAL ELECTRICAL CODE; TO PROVIDE
FOR ADDITIONS THERETO: REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH: PROVIDING FOR A PENALTY IN THE
AMOUNT OF Sz,o00.OO FOR VIOLATIONS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 7, 1990
Page 16
107
Hopkins motioned, Alexander seconded to
On roll vote, Trent '"aye," Alexander
Gorton "aye," Ayer "aye," Boyd "aye,"
"aye.". Motion carried unanimously.
adopt the ordinance.
"aye," Hopkins "aye,"
and Mayor Castleberry
F. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on both sides of Ponder
Street from its intersection with Panhandle Street to a point
200 feet north of said intersection; providing a severability
clause; providing a penalty not to exceed two hundred dollars.
(The Citizens Traffic Safety Support Commission recommended
approval.)
Rick Svehla, Deputy City Manager, stated that Ponder Street
narrowed between Egan and the bridge between Panhandle and
Broadway. Initially the resident at 1122 Panhandle had asked
for removal of parking. Staff tried to remove the parking for
the whole block and a half, however, the residents in the block
between Panhandle and Egan thought that would prohibit some of
their activities.
Council Member Ayer asked about removing the parking on Ponder
between Panhandle and Egan.
Svehla replied that residents on that block would not agree to
the removal of the parking.
The following ordinance was considered:
NO. 90-110
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON BOTH SIDES OF PONDER STREET
FROM ITS INTERSECTION WITH PANHANDLE STREET TO A POINT
200 FEET NORTH OF SAID INTERSECTION; PROVIDING A
SEVERABILITY CLAUSE: PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Trent motioned, Alexander seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
G. The Council considered adoption, of an ordinance
amending the fees for sign permits to provide for an annual fee
for signs required by the State to be permitted.
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City of Denton City Council Minutes
August 7, 1990
Page 17
Frank Robbins, Executive Director for Planning, stated that the
ordinance would repeal the immediate past sign fee ordinance.
This was not part of the zoning ordinance. The ordinance added
a fee for off-premise signs on Highway 380, Highway 77 and
Interstate 35 east and west. These areas were regulated by the
State alone and for which the City would be certified to
regulate. State law required that there be an annual permit
and the fee would be for the first annual permit and a fee for
a subsequent annual permit.
Council Member Hopkins asked if this ordinance had anything to
do with the other sign ordinance.
Robbins replied no it did not.
Council Member Trent stated that there was no change in the
fee. Instead of going to the State, it now went to the City of
Denton.
Robbins replied correct.
The following ordinance was considered:
NO. 90-111
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE FEES FOR SIGN PERMITS TO PROVIDE FOR AN ANNUAL FEE
FOR SIGNS REQUIRED BY THE STATE TO BE PERMITTED: AN
PROVIDING FOR AN EFFECTIVE DATE.
Trent motioned, Alexander seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
H. The Council considered adoption of an ordinance
of the City of Denton, Texas, approving the 1990 tax rolls.
This item was pulled from the agenda.
I. The Council considered adoption of an ordinance
approving a compromise settlement release and dismissal of all
pending and future claims for pending litigation between the
city of Denton and Lary Morris, et al.
The following ordinance was considered:
City of Denton City Council Minutes
August 7, 1990
Page 18
109
NO. 90-112
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
COMPROMISE SETTLEMENT RELEASE AND DISMISSAL OF ALL
PENDING AND FUTURE CLAIMS FOR PENDING LITIGATION
BETWEEN THE CITY OF DENTON AND LARY MORRIS, ET AL; AND
DECLARING AN EFFECTIVE DATE.
Alexander motioned, Hopkins seconded to adopt the ordinance.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Boyd "aye," and Mayor Castleberry "aye." Motion
carried unanimously with Council Member Ayer abstaining for
lack of information.
J. The Council considered adoption of an ordinance
approving a compromise settlement release and dismissal with
prejudice of all pending and future claims for pending
litigation between the City of Denton and Laura Richardson et
al.
The following ordinance was considered:
NO. 90-113
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
COMPROMISE SETTLEMENT RELEASE AND DISMISSAL WITH
PREJUDICE OF ALL PENDING AND FUTURE CLAIMS FOR PENDING
LITIGATION BETWEEN THE CITY OF DENTON AND LAURA
RICHARDSON, ET AL; AND DECLARING AN EFFECTIVE DATE.
Alexander motioned, Hopkins seconded to adopt the ordinance.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Boyd "aye," and Mayor Castleberry "aye." Motion
carried unanimously with Council Member Ayer abstaining for
lack of information.
K. The Council considered adoption of an ordinance
providing for the purchase of real property from Lillian Irene
Quesenberry.
Bob Nelson, Executive Director for Utilities, stated that this
was a 1 3/4 acre tract located at the northeast corner of the
Service Center. The property owner expressed an interest in
selling the property to the City. The appraised value of the
property was $46,000 with a negotiated price of $35,000. Funds
were available in the Electric Department Building CIP program
to purchase the property. This would provide some badly needed
storage area at the Service Center.
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City of Denton City Council Minutes
August 7. 1990
Page 19
The following ordinance was considered:
NO. 90-114
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE
PURCHASE OF REAL PROPERTY FROM LILLIAN IRENE
QUESENBERRY; AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Gorton seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
L. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton and Alan Plummet and Associates, Inc. for
professional engineering services; and approving the
expenditure of funds therefor. (The Public Utilities Board
recommended approval.)
Bob Nelson, Executive Director' for Utilities, stated that
according to State law and the Texas Water Commission
requirements, once a wastewater treatment plant reached a
volume of 75% capacity, a master plan study must begin to.look
at the next phase of construction for the facility. Denton had
passed that 75% stage about two years ago. At that time,
Council had entered into an agreement with Freese and Nichols
to do a master plan. That plan called for a phased
construction which first upgraded the existing facility to meet
the newest standards and then to add a three million gallon a
day capacity to that plant. The next stage was at 90% of the
rated capacity, construction must be underway. Denton was
anticipated to be at that stage in about three years.
Proposals were received from four different engineering firms.
The Public Utilities Board recommended the bid from Alan
Plummet and Associates for its innovative presentation and
suggested ways to save money. The contract was in two phases
with an operational phase and a design phase.
Council Member Gorton asked for an estimate for the final
phases.
Nelson replied approximately $700,000.
Council Member Hopkins asked if the proposed engineer was from
the area.
Nelson replied yes that they were located in the Arlington area.
City of Denton City Council Minutes
August 7, 1990
Page 20
111
Council Member Trent asked if the money for the project was
coming from the wastewater fund.
Nelson replied that it would be paid for by bond funds and
those bonds were sold and the interest was being paid for by
the sewer revenue bonds.
Council Member Trent asked where the study money was coming
from.
Nelson replied that the study money was also bond funds.
The following ordinance was considered:
NO. 90-115
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER
AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING
SERVICES; APPROVING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING FOR AN EFFECTIVE DATE.
Trent motioned, Hopk. ins seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
7. Resolutions
A. Item A. was considered earlier in the meeting.
B. The Council considered approval of a resolution
appointing Tom Harpool to the Board of Directors of the Texas
Municipal Power Agency.
The following resolution was considered:
NO. R90-039
A RESOLUTION APPOINTING TOM HARPOOL TO THE BOARD OF
DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY AND
DECLARING AN EFFECTIVE DATE.
Gorton motioned, Alexander seconded to approve the resolution.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
"aye." Motion carried unanimously.
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City of Denton City Council Minutes
August 7, 1990
Page 21
C. The Council considered approval of a resolution
assigning a portion of its authority to issue single family
housing bonds to Denton County, Texas and resolving other
matters in connection therewith.
The following resolution was considered:
NO. R90-040
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, ASSIGNING A PORTION OF ITS AUTHORITY TO
ISSUE SINGLE FAMILY HOUSING BONDS TO DENTON COUNTY,
TEXAS AND RESOLVING OTHER MATTERS IN CONNECTION
HEREWITH.
Ayer motioned, Gorton seconded to approve the resolution. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
D. The Council considered approval of a resolution
of the City of Denton, Texas, expressing its intent to contract
to purchase from the Upper Trinity Regional Water District a
portion of the raw water obtained from the Sulphur River Basin
by the District by contract with the City of Commerce. (The
Public Utilities Board recommended approval.)
The following resolution was considered:
NO. R90-041
A RESOLUTION OF THE CITY OF DENTON, TEXAS, EXPRESSING
ITS INTENT TO CONTRACT TO PURCHASE FROM THE UPPER
TRINITY REGIONAL WATER DISTRICT A PORTION OF THE RAW
WATER OBTAINED FROM THE SULPHUR RIVER BASIN BY THE
DISTRICT BY CONTRACT WITH THE CITY OF COMMERCE; AND
PROVIDING AN EFFECTIVE DATE.
Alexander motioned, Ayer seconded to approve the resolution.
On roll vote, Trent "aye," Alexander "aye," Hopkins "nay,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
"aye." Motion carried with a 6-1 vote.
E. The Council considered approval of a resolution
authorizing the City Manager to execute an agreement between
the City of Denton and the University of North Texas for solid
waste disposal service. (The Public Utilities Board
recommended approval.)
City of Denton City Council Minutes
August 7, 1990
Page 22
Bill Angelo, Director of Community Services, stated that
several weeks ago, staff had submitted a bid to the University
of North Texas to provide for solid waste collection service.
A few days ago, staff was notified that the city was awarded
the bid although it was not the low bidder. The University had
been with BFI for the last two years and with the City, three
years prior to that. The contract would be for $11,600 per
month. One additional employee would be needed in the solid
waste division to provide the service.
City Manager Harrell stated that there also was a provision in
the contract which acknowledges that the City was in the middle
of deciding what to do with its solid waste collection service
and that the City would be released from the contract should
the City decide to leave the solid waste business.
The following resolution was considered:
NO. R90-042
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE
UNIVERSITY OF NORTH TEXAS FOR SOLID WASTE DISPOSAL
SERVICE; AND PROVIDING AN EFFECTIVE DATE.
Alexander motioned, Gorton seconded to approve the resolution.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry '
"aye." Motion carried unanimously.
rate.
Submission of the effective tax rate and rollback tax
John McGrane, Executive Director for Finance, stated that the
effective rate and rollback rate needed to be submitted to
Council with no action required. The rates were calculated by
Joe Rogers, Denton Central Appraisal District. The effective
tax rate was $.65531 per $100 value and the rollback rate was
$.6689 per $100 of value.
Submission of the certified collection rate.
John McGrane, Executive Director for Finance, stated that it
was a requirement in the calculation of rates to certify what
the collection rate would be on next year's taxes. Because of
the way the law was written, it was better to estimate high
than low. Staff was estimating a 100% collection rate. No
action was needed to be taken.
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City of Denton City Council Minutes
August 7, 1990
Page 23
Council Member Hopkins asked what was a rule of thumb so far as
what was acceptable to Moody's and Standard and Poors for an
amount of debt reserve. What did the City need to have
considering the proposed budget.
McGrane replied that there was no definite set percentage. It
was done on an individual city basis. A number of factors went
into the bond rating such as local economy, the bond rating,
the state and national economy, tax rates and income per
capita. A general rule of thumb was about 8%-10% of total
expenditures which would give the City about a month and a half
to two months of operating revenues if something unexpected
would happen. The bond rating agencies did not look at the
percentage of reserve but rather within a five to ten year
period, how many times that reserve was drawn upon.
Mayor Castleberry recognized Jesse Coffey from the audience.
Jesse Coffey stated that in the proposed budget, the City
Manager stated that 8%-10% of the expenditures was for fair
reserve. If that was the case, there was an indication of a
cash reserve fund of $2,584,593. He asked the City Manager if
that was correct.
City Manager Harrell stated that he did not have a budget in
front of him to verify that figure.
Coffey continued with a question on page 92 of the proposed
budget. The general fund undesignated balance showed was, as
of 10-1-89, $3,159,593. Was that cash money in reserve.
City Manager Harrell replied that that was undesignated fund
balance.
Coffey replied money set back to use for unexpected
expenditures. He asked if the utility system fund had $43
million in cash for a reserve and if so, were they asking for a
12% increase in electric rates and a 9% increase in sewer rates
and 6% increase in solid waste rates.
City Manager replied that when the 8-10% rule of thumb of what
should be and what bond ratings look at, that was referred, as
a bond rating agency would when they look at a general
obligation bond, of p~operty tax generated reserves. Bond
agencies, when they rate a general obligation bond, do not look
at the revenue system. A revenue system was looked at by the
cash flows in electric, water, wastewater system to stand on
their own. Those two were completely different.
City of Denton City Council Minutes
August 7. 1990
Page 24
Coffey asked again if the City had $43 million in cash in
reserve in the utility system.
John McGrane, Executive Director for Finance, stated that it
was not purely cash. There were a number of bond covenants
which required a ratio coverage which the City had to maintain
in reserve which would be included in that number. There would
be CIP. funds that would be included in the number. That was
the fund balance which was required in both the electric, water
and wastewater sewer system to keep those coverage ratios. He
continued that a portion of that, $12 million, was made up for
bond covenants. $6 million was in interest in sinking fund.
Reserve fund requirements of $3.5 million, an emergency fund
requirement under bond covenants of $250,000 and an extension
and improvement fund requirement of of $2.3 million.
10.
Miscellaneous matters from the City Manager.
City Manager Harrell did not have any items to report.
11. There was no Executive Session held during the Work
Session.
12. New Business
No item of New Business was suggested by Council Members for
future agendas.
13. The Council convened into Executive Session to discuss
legal matters (considered action in In Re: Flow), real estate
and personnel/board appointments.
Council Member Hopkins left the meeting during the discussion
of In Re: Flow.
No official action was taken.
With no further business, the meeting was adjourned.
JEN~FER W)~TERS, CITY SECRETARY
CIT%~-DOF DENTON, TEXAS
BO~ CASTLEBERRY, MAYOR /
CITY OF DENTON, TEXAS/
/
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