Loading...
Minutes June 04, 1991CITY OF DENTON CITY COUNCIL MINUTES JUNE 4, 1991 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Perry, Smith and Trent. ABSENT: Council Member Chew 1. The Council convened into the Executive Session to discuss legal matters (considered action in Verhotz v. City), real estate, and personnel/board appointments (discussion regarding appointments to all City of Denton Boards and Commissions). Council Member Chew joined the meeting. 2. The Council received a report and held a discussion regarding the 1991-92 budget requests from the City Attorney and Municipal Judge. Sandra White, Municipal Judge, stated that it was difficult to foresee future needs for her department when the Legislature was in session. There might be legislation passed which the City would need to comply with and possibly might need to change her budget based on that compliance. Her current budget package was not requesting any additional funding but there might be a need to revise that depending on what laws went into effect. Current case law might also have an effect on the City such as with warrant procedures and insurance violations. She also stated that she was including mandatory training for the Assistant Municipal Judge in her budget. Debra Drayovitch, City Attorney, stated that she had three requests for funds above her budget from last year. Those included (1) $416 for a maintenance contract for a personal computer, (2) $185 for current editions of the building, plumbing, mechanical and fire codes adopted by the International Conference of Building Officials, and (3) $514 for a filing cabinet. Any other requests were the same as last year or lower than last year. 3. The Council received a report and held a discussion regarding the SPAN Transportation budget request for the 1991-92 program year. Catherine Tuck, Administrative Assistant, stated that SPAN's request would be from the transportation budget and was for HandiHop and ~ublic and elderly transportation services. SPAN had received $46,000 from the City for the past three years. This year, SPAN had requested an additional $10,000 for HandiHop to restore non-employment related rides that were discontinued this year due to lack of funds. Additionally, SPAN was requesting $6,000 for Senior and Public Transportation based on increased ridership. City of Denton City Council Minutes June 4, 1991 Page 2 A1 Murdock, SPAN, stated that SPAN was requesting two types of increases this year. One was for $6,000 to cover a rise in operation costs. Since the last request for an increase, there had been an increase in services of approximately 125%. The $10,000 was for HandiHop which served individuals below 65 years of age in the City of Denton who had handicapping conditions and who received transportation services in SPAN vehicles five days a week/twelve hours a day and also received services on evenings and weekends in a local taxi. Earlier in the year, it was discovered that the evening and weekend portion of the service was growing so much that there was anticipated a $10,000 loss for the remainder of the year. As the agency did not have reserves to fall back on, the evening and weekend service was discontinued and the number of rides were reduced. Services for employment-related rides were continued. The $10,000 would allow the agency to restore the non-employment related weekend and evening rides. SPAN was also asking the City of look at the agreement's provision which limited the amount which could be charged per ride. It was felt that it would be appropriate to remove that restriction. 4. The Council received presentations by. firms responding to the City's RFP for collection of delinquent tax collection. Berry, Boyd~ Coffe~ and Hayes - Randall Boyd stated that his firm represented the local alternative for collection of delinquent taxes. The most important point he wished to make was that he believed they could do a much better job. They proposed to take the delinquent tax accounts and to collect more money for the City of Denton. If they did not show a dramatic increase in the amount collected, they would offer a $10,000 rebate to the City. Richard Hayes stated that he felt the City would collect more money if it changed providers. His firm represented eight lawyers with over 10 years experience and represented major financial institutions. He stated that the current provider dealt with letters and lawsuits for collection purposes. He felt it was easier to collect when the dollar amount was smaller. The task did not require a large state-wide firm as often it did not provide enough attention to the local accounts. Boyd ~a~ed ~ha~ potential conflicts might arise with a local firm handling the City's accounts, but that they would not be allowed to harm the City's interest. His firm was the only firm that would have an impact on the minority hiring in Denton. City of Denton City Council Minutes June 4, 1991 Page 3 Heard, Gogqan, Blair & Williams - Mike Gregory stated that his firm had the City's contract since 1986. Since that time, they had collected $3.6 million in delinquent taxes for the City of Denton. The first year that was more than double the past collections. It had more than doubled every year and the third year it almost tripled compared to the base year. They had had a good effective working relationship with the City and had been productive. His firm combined the best of both worlds with a large state-wide firm with a superior specialized expertise combined with local sensitivity of local lawyers. There would be no conflict of interest on the local level as his firm dealt mostly with family law. Sydna Gordon stated that there were three reasons to use their firm. (1) Local involvement - local attorneys of Curtis Loveless and Mike Gregory who had a Denton office and spent $300,00 in Denton last year. (2) Technological superiority - computer technology, assistance in current and delinquent tax collection system, and reporting, forecasting abilities. (3) Performance - $3,623,323 collected since 1986, no risk of revenue loss and a leader in federal agency collections. She felt the most important reason to continue with their firm was the $3.6 million collected since 1986. She felt that changing firms could negatively impact the collection rate. McCreary, Veselka, Bragg & Allen, P.C. - Gil Bragg stated that his firm had the contract with the County of Denton since 1985 and with the Denton Independent School District since 1987. He maintained a local office in Denton. He listed his clients in the area. If his firm were awarded the City's contract, it would have the unique position of being able to cover all entities in the area with a single lawsuit if necessary. His firm did' their own research. His firm represented the assets of a large law firm without conflict of interest and had the flexibility to modify procedures if necessary. The firm's fee was 15% based on performance. Due to time constraints, the remaining firm presented its report during the regular session. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry: Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. The Council considered approval of a =esolution receiving an American flag in memory of Clifford Luster and expressing appreciation to Mrs. Luster for her gift of the flag. City of Denton City Council Minutes June 4, 1991 Page 4 The following resolution.was considered: NO. R91-034 A RESOLUTION OF APPRECIATION FOR CLIFFORD LUSTER Alexander motioned, Trent seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. Mayor Castleberry presented the proclamation to Mrs. Luster. Mrs. Luster and the Mayor presented the flag to the Denton High School ROTC Cadets. Mayor Castleberry stated that at a later date there would be a formal ceremony to raise the flag in front of City Hall. Mayor Castleberry presented a proclamation for Chrissy Bauder Day. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 3. The Council considered approval of the minutes of the special called meeting of March 30, 1991 and the regular meetings of May 7 and May 21, 1991. Trent motioned, Alexander seconded to approve the minutes. Mayor Pro Tem Hopkins noted a misspelling of a speaker's name and asked for a correction. Trent motioned, Alexander seconded to approve the Minutes as corrected. On roll vote, Trent 'aye," Alexander 'aye," Hopkins "aye,' Smith 'aye,' Chew "aye,' Perry "aye,' and Mayor Castleberry 'aye." Motion carried unanimously. Citizen Reports A. The Council received a citizen report from Linnie McAdam~ r~garding a signal problem on Carroll Blvd. Ms. McAdams stated that there were three problem signals she had observed at Carroll and Eagle, Oak and Carroll and Hickory and Carroll. In the late evenings, there was an insufficient time for a pedestrian or a bicyclist to cross the street. She felt there was a need to check the timing of those intersections to allow citizens to get safely across the street. City of Denton City Council Minutes June 4, 1991 Page 5 Mayor Pro Tem Hopkins stated that the problem would be checked and Ms. McAdams would receive a reply. B. The Council received a citizen report from Linnie McAdams regarding funding for HandiHop. Ms. McAdams presented her reasons why the funding should be increased to HandiHop. She felt transportation was a municipal service that a City provided and that was one which would always have to be subsidized. There were other people who wanted to be at the Council meeting but who were unable to attend as the service had been reduced. The City's budget was a matter of choice as to what to do with the available dollars. She felt the citizens would want to provide for those who could not do for themselves. Mayor Pro Tem Hopkins asked about the option of raising the $1 fee to $1.50. Could that be done before October 1 in the new budget year. McAdams replied that that was the last option available to them' and would like the Council to consider the extra funding before raising the fee. City Manager Harrell stated that if Council wished, he could have staff look at the current contract to determine if a change in the fee could be done. Consensus of Council was to proceed. 5. The Council received an Economic Development Activity/Financial Quarterly Report from Ken Burdick, Vice-President of Economic Development for the Denton Chamber of Commerce. Mr. Burdick presented a review of the last six months of activity. He stated that he first reviewed the resource materials available in the City which included sites, buildings, and factbooks. The sites and buildings were inventoried, cataloged and data sheets made for each. The factbooks were updated and the City and Chamber now each use the same factbook with a similar format. He had been working on promotional materials and had printed an industrial brochure with the help of Lone Star Gas. Contacts had been made with a mailing to the electronics, plastics and aircraft industries. Group contacts had been done in the area to promote I35W plus contacts with the Texas Department of Commerce. His office was working with the City and the Texas Air Control Board for non-attainment status. A questionnaire was being prepared for existing industries in the City to determine their needs. In the next six months, he wanted to continue with a direct mail City of Denton City Council Minutes June 4, 1991 Page 6 campaign in the plastics and electronics area and marketing trips. Long term plans included working with the Airport Board for a marketing plan for the Airport, a possible foreign trade zone in Denton and international marketing possibilities. Burdick presented a budget handout reflecting the first six months of the year for the Chamber and a summary of activities. Consent Agenda Hopkins motioned, Chew seconded to approve the Consent Agenda as presented. On roll vote, Trent #aye," Alexander "aye," Hopkins "aye," Smith "ayev" Chew "ayev" Perry "ayes" and Mayor Castleberry "aye." Motion carried unanimously. A. Bids and Purchase Orders: Bo 1. Bid #1191 - Fleet Vehicles 2. Bid #1252 - Cement, Concrete and Aggregate 3. Bid #1259 - Furnish and Install Modula~ Carpet System/Library Plats and Replats 1. Considered a preliminary plat of the Bonnie Brae Medical Park Addition; Lot 1, Block A. The 5.165 acre site fronted on Bonnie Brae, approximately 600 feet south of its intersection with University Drive. (Planning and Zoning Commission recommended approval.) C. Tax Refunds Considered approval of a tax refund to Air Denton. 7. 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. (6.A.1. - Bid #1191, 6.A.2. - Bid #1252) The following ordinance was considered: NO. 9i~-084 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR TH~ PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes June 4, 1991 Page 7, Alexander motioned, Smit.h seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (6.A.3. - Bid #1259) The following ordinance was considered: NO. 91-085 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. Trent motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye,~ Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 8. Resolutions A. The Council considered approval of a resolution temporarily closing North Lakes Trail, between Bowling Green Street to Auburn Street, on June 9, 1991 for a block party. Catherine Tuck, Administrative Assistant, stated that this was a request from the North Lakes Neighborhood Association, to hold a block party on June 9 from 1:00 p.m. - 4:00 p.m. This was their fifth annual event. All required signatures had been obtained from the homeowners. The Fire and Police Departments did not.have any problem with the safety of the location. The following resolution was considered: NO. R91-035 A RESOLUTION TEMPORARILY CLOSING NORTH LAKE TRAIL BETWEEN BOWLING GREEN STREET AND AUBURN STREET ON SUNDAY, JUNE 9, 1991; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Chew seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," ~Chew "aye," Perry "aye," and Mayor Ca~tleberry "aye." Motion carried unanimously. City of Denton City Council Minutes June 4, 1991 Page 8 B. The Council considered approval of a resolution authorizing the City Manager to execute a license agreement between the City of Denton and the United States of America, Department of Commerce for land at the Denton Municipal Airport for the Automated Surface Observing System. Rick Svehla, Deputy City Manager, stated that this would allow the City to provide for the construction of an automated weather reporting system to be used by anyone flying in or out of the airport as well as people contemplating flying in or out of the airport. It would use the same tower and equipment presently at the airport. The following resolution was considered:. NO. R91-036 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNITED STATES OF AMERICA, DEPARTMENT OF COMMERCE FOR LAND AT THE DENTON MUNICIPAL AIRPORT FOR THE AUTOMATEB SURFACE OBSERVING SYSTEM. Trent motioned, Alexander seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 9. The Council considered a motion directing staff to prepare the necessary legal documents to award a contract for the collection of delinquent taxes in the City of Denton. The Council heard the presentation from the Work Session. Perdue, Brandon~ Fielder, Collins & Mott - John Horn stated that the firm had been in existence since 1970 and represented 500 entities. The firm had an Arlington office with eight attorneys. If the contract were awarded to his firm, they would open an office in Denton. The firm did not file duplicate lawsuits on a single individual. They had a computer program which combined multiple accounts into a single account. This was done when the roll was received and not when a lawsuit was filed. The firm also emphasized contact with the lien holder prior to the filing of a lawsuit. Mayor Pro Tem Hopkins asked the firm of Berry, Boyd, Coffey and Hayes how the firm would deal with a conflict of clients as the firm did a lot of litigation. City of Denton City Council Minutes June 4, 1991 .Page 9 Hayes responded that the firm had primarily been built on the commercial creditor side of the docket. If such a conflict arose, the firm would have the individual address the tax issue or the firm would not represent the client. The firm had submitted to the City Attorney a letter stating that the firm would address the issue as each individual situation arose. John McGrane, Executive Director for Finance, reviewed the history of the contract. At a previous work session, the staff had reviewed the current contract and recommended that there was a benefit with continuing with the same provider. Council directed staff to return at the next meeting with an ordinance awarding the contract to the current firm. At that Council meeting, Council tabled the contract and asked that an RFP be prepared. There were five responses to the RPF which were reviewed by a panel consisting of the City Treasurer, the City Attorney, the Director of Information Services and himself. The positives and negatives of each proposal were presented to Council. Smith motioned, Perry seconded to direct staff to prepare the necessary legal documents to award a contract for the collection of delinquent taxes in the City of Denton to the Heard, Goggan, Blair & Williams firm. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 10. Miscellaneous matters from the City Manager. A. The Council received a report and held a discussion on comparison study of city expenditures and levels of service. Catherine Tuck, Administrative Assistant, stated that Denton was frequently compared to other cities such as Carrollton, Richardson, and Lewisville, The objective of the study was to look at staffing levels, services, and cost of services provided by cities comparable in size to Denton. The cities included Bryan, College Station, Carrollton, Lewisville, Richardson and Tyler. The intent of the study was to present the findings and offer some reasonable conclusion to show why there were, if any, significant differences in the staffing levels and the cost associated in providing those services. Results of the study indicated that Denton was greatly affected by the large amount of tax-exempt property in the City. Denton was the largest in square miles, yet ranked fifth in total assessed value. This forced the City to raise its tax rate to get the same amount of r~v~nu~. Citi~ ~hat had a larger assessed value could generate an equal amount of revenue with a lower tax rate. Secondly, because Denton owned and operated all its utilities, the number of employees was skewed when making comparisons. When the number of general fund employees City of Denton City Council Minutes June 4, 1991 Page 10 was compared in all seven cities, Denton ranked in the middle. When looking at specific departments, Denton ranked low in staffing levels. This was particularly true of police and fire where Denton ranked below the middle in several categories. Denton provided as many or more services than any city studied in this comparison. Denton was the only city compared that owned and operated all its utilities including residential and commercial solid waste and a municipal landfill. Denton provided residents with a municipal airport, three recreation centers, a senior center, literacy and genealogy programs, after school programs for children, and historic preservation endeavors. Denton's unique programs included Community Oriented Policing, Main Street, Keep Denton Beautiful, recycling efforts, and worked closely with neighborhood groups. The City also helped fund handicapped and elderly transportation and a public trolley system, and many social service agencies. Denton also administered CDBG funds. Council Member Trent asked if a comparison could be made among the cities regarding the number of police vehicles, the number of personnel and the budgets. Mayor Pro Tem Hopkins asked that the information be shared with the Chamber of Commerce. Council Member Perry asked for information showing positive aspects of the two universities. B. The Council received a report and held a discussion regarding demand side load reduction strategies. Bob Nelson, Executive Director for Utilities, stated that the City had been involved for several years in lead side electrical demand reduction programs. The concept of each of these programs was to work with the customers in reducing their peak electrical demands during the summer peak in an effort to avoid the cost of constructing additional electric generation, transmission and distribution facilities. The purpose of the programs was to reduce peak electrical demands and invest in programs to save customers money by reducing their electric load. The City's peak load normally occurred in late August/early September between 4:00 p.m and 6:00 p.m. One of the major driving forces behind the City's demand side management program8 wa~ the very high demand rate charged by TMPA and the somewhat unconventional method of allocating the TMPA fixed costs among the four participating cities. Nelson stated that a typical commercial customer had sharp peaks in its demand. The 1990 peak load was 181,000 kw and the 1990 load reduction reduced the demand by over 10,000 kw. City of Denton City Council Minutes June 4, 1991 Page 11 157 Richard Foster, Public Information Coordinator, presented the various demand side programs that the city of Denton offered citizens. Those programs included an appliance rebate program, an energy audit program, "summer Sense" air conditioner cycling program, voluntary load reduction program, time-of-use rate, and thermal storage incentive program. C. The Council received a report, held a discussion and gave staff direction regarding Denton County's use of the Williams Trade Square parking facility and related matters. Lloyd Harrell, City Manager, stated that he appeared at Commissioner's Court today to discuss the parking matter. The Court voted 4-0 to authorize the resigning of the lease for the 15 parking spaces at the Williams Square Lot and it appeared that the matter was settled. The Court did encourage the City to try and provide additional parking in the downtown area. With the pledge that this was a temporary solution and that a more permanent solution would be devised, the Court voted to renew the lease. It was staff's recommendation that the lease be presented to Council for consideration after the Court had approved it. The sticker program would continue with the County Judge and County Commissioners. Consensus of the Council was to proceed. D. Denton had received second place Texas Beautiful Award". As the City won the second place was the best it could do. in the "Keep award in 1990, E. A Minute Order had been received from the State regarding the Loop 288 and Highway 2499 extension. This allowed the City to proceed with study work for those projects. F. Denton had been volunteered to host the July or August TML Region 8 meeting. Was Council agreeable. Consensus of the Council was to proceed. G. A tentative date had been discussed for the Boards/Commissions Banquet or Reception. Was Council interested in holding this in conjunction with a retiring Council reception. Discussion was held regarding a recent opinion dealing with the City paying for spouse expenses. Debra Drayovitch, City Attorney, stated that in order to legally fund the expense of a spouse at a City event, the Council would have to make an affirmative finding that it would benefit and further the City goals. It would have to accomplish some City goal or transact some City business. She felt those situations were very few. City of Denton City Council Minutes June 4, 1991 Page 12 Mayor Castleberry asked about a reception instead of a dinner. Drayovitch replied that funds which were expended, if on a per person basis, would have the same problem. Staff could explore those options further in regards to a reception if the Council desired. Council Member Alexander suggested a reception for the Council members and Boards done at a Council meeting and not a separate event. City Manager Harrell suggested appointing several Council members to assist with alternatives. Mayor Castleberry appointed Council Members Smith and Alexander to assist staff. 11. There was no official action taken on Executive Session items discussed during the Work Session, 12. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Perry suggested a discussion regarding an agenda committee for a future work session. B. Council Member Chew requested the drafting of an ordinance restricting parking by the park and cemetery on East Prairie. Mayor Castleberry stated that a schedule of meetings had been in Council packets. 13. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned at 9:33 p.m. CI~ SECR]~TARY CITY OF DENTON, TEXAS 3399C