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