Minutes August 20, 1991CITY OF DENTON CITY COUNCIL MINUTES
August 20, 1991
275
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, Chew, Perry, Smith and Trent.
ABSENT: None
1. The Council convened into the Executive Session to
discuss legal matters (held a discussion regarding the
collection of Judgment in Martin v. City of Denton and
considered litigation against 'the State of Texas regarding
redistricting), real estate and personnel/board appointments
(considered appointment of alternates to the Sign Board of
Appeals, and considered appointments to the Zoning Task Force.)
2. The Council held a discussion and identified potential
1991-92 budget additions or reductions for further analysis.
Lloyd Harrell, City Manager, presented the proposed schedule
for the budget discussions. The current meeting would review
major policy issues and solicit potential pluses or minuses for
the 1991-92 budget. Following the public hearing on the budget
at the August 27 meeting, Council would continue -with
discussion and possibly make tentative decisions regarding
certain items. September 10 meeting would be devoted entirely
to budget discussion with a review of deferred items and a
reconsideration of other options. Final budget approval would
be on September 17.
Harrell listed the major policy matters for the 1991-92 budget:
Major budget issues (23)
Cover the $310,000 shortfall
- supplement increases
- health insurance adjustment
- $.01 tax increase
- Sales Tax - current
+1% (3% total)
+2% (4% total)
- Flow Hospital
- Reduce Contingency Reserve
$140 000
84 000
187 000
80 000
52 000
104 000
22 000
25 000
Water tower painting (one color)
Remove Utility vacant positions
No rate increase in utilities
30,000
6. Salary adjustments effective 10/1/91 169,190
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City of Denton City Council Minutes
August 20. 1991
Page 2
Harrell asked the Council for other additions they would like
to discuse regarding the budget.
Council Member Chew suggested a reduction in the demolition
expense. Remove the extra $15,000 from the budget.
Council Member Alexander suggested other alternatives for
maintaining City facilities. He would like to attack the
problem more aggressively than already listed.
Council Member Perry wanted to see a reduction in demolition, a
policy regarding public safety and high-tech computer equipment
for the Fire and Police Departments, and the possibility of
expanding the computerization of the library specifically the
card catalog.
Council Member Smith questioned if the reserve fund could be
reduced further rather than a tax increase.
Mayor Pro Tem Hopkins stated that most of her items of concern
were in the major budget issues. She also wanted to look at
departments affected by non-growth in Denton such as building
related positions. She did not want those vacant-staff
positions added or kept in the budget.
Council Member Trent suggested looking at the hiring of
temporaries during the year. He suggested cutting down on the
number of temporaries hired.
Mayor Pro Tem Hopkins asked that staff look at overtime figures.
Mayor Castleberry asked staff to look at the any possible
surplus from the current budget which could be carried over to
the next year's budget and the travel/seminar policy as it
specifically related to parking at the DFW Airport.
Council Member Trent asked that staff look at the recreation
programs. He would like to see the programs more
self-supporting in the range of 60%. He suggested the tennis
program be more on a free enterprise system as other cities had.
Council Membe= Pe==y stated that he would like to keep in mind
that while the issue of balancing the budget was important.
other policy issues such as quality, safety, and fairness
remained and needed to be addressed.
Council Member Smith asked for the rationalization between the
proposed budget' summary revenue figure and the total budget
expenditures.
City of Denton City Council Minutes
August 20, 1991
Page 3
3. The Council received a report, held a discussion and
gave staff direction regarding the Utility Department's
sponsorship of an APPA deed scholarship application for Claudia
Heinrich of the University of North Texas.
Bob Nelson, Executive Director for Utilities, stated that as a
member of APPA's Deed Program, Denton Municipal Utilities was
eligible to submit and sponsor scholarships for students
working on projects that had implications for public
utilities. Claudia Heinrich's project involved research and
development of a submicron pyramid antenna which would convert
solar energy directly to electrical energy. The project did
not involve the use of utility department funds. The City
would be involved with the distribution of funds to Ms.
Heinrich and monitor her progress.
Consensus of the Council was to proceed with the program.
4. The Council received a report, held a discussion and
gave staff direction regarding the Utility Department's
sponsorship of an APPA deed grant application for Dr. A. G.
Parlos and Dr. A. D. Patton of Texas A & M University.
Utility Director Nelson stated that this was a similar program
except that this was a grant instead of a scholarship. The
City of Bryan had been working with the program and wanted to
sponsor it but found out that they had not been contributing to
the Deed Program. The City would not have any obligations with
the grant.
Consensus of the Council was to proceed with the program.
Bob Nelson, Executive Director for Utilities, updated the
Council on TMPA. He stated that the TMPA Board had not made a
decision on whether to retain the excess funds or to rebate
them back to the cities. The theory behind the TMPA
organization was that rates would be established in order to
cover the annual system cost such as debt service and operating
costs. If there were excess revenue, that would be programmed
into the next year's revenues for the agency or rebate back to
~he cities. As TMPA developed, there were years when
additional expenditures were expected and years when there were
no additional expenditures so that a rate stabilization program
was established. Rates were developed at one level, collected
rates for a couple years and when an additional expenditure was
necessary, money was taken out of the reserve instead of having
to raise rates. The fund had grown over the years to
approximately $14 million. The main issue was did TMPA need
reserves or should that money be returned to the cities. TMPA
felt it needed the reserve for possible catastrophic failure.
The cities felt that TMPA did not need reserve for that reason
as there was $12 million in a construction fund for any
reserves.
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278
City of Denton City Council Minutes
August 20, 1991
Page 4
Council Member Alexander asked if there would be a need to keep
a minimum amount of money in reserve in order to maintain bond
ratings.
Nelson replied that TMPA had the full faith and credit of the
four cities and a guaranteed payment from four cities.
Mayor Pro Tem Hopkins asked how TMPA justified the reserve fund.
Nelson replied that TMPA would like to set aside the money as a
cash reserve for emergencies. Once the fund was approximately
$8 million, anything over that $8 million would be refunded to
the cities.
Council Member Perry asked if the agency could operate without
any reserve.
Nelson replied that they did not need a lot of working capital.
Discussion of the issue continued during the Regular Session
with the City's TMPA Board members.
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
Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the
regular meeting of July 16, 1991.
Trent motioned, Hopkins seconded to approve the minutes as
presented. On roll vote, Trent "aye," Alexander "aye," Hopkins
"aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye." Motion carried unanimously.
3. The Council presented Yard of the Month/Xeriscape
Yards Awards from the Beautification Commission and the Texas
Agricultural Extension Service-Denton County.
The Mayor~presented the following awards:
The Church of Jesus Christ of Latter Day Saints
Robert Sandlin
John and Betty Andrews
Susan and Budd Mitchell
City of Denton City Council Minutes
August 20, 1991
Page 5
o
Citizen Reports
A. The Council was to have received a citizen report
from Carl Young regarding problems with Fred Moore Park and
problems within the neighborhood.
This item was not considered at the request of the citizen.
B. The Council received an update from Tom Harpool
and Ray Stephens regarding TMPA matters.
Ray Stephens stated that the Agency had several different
funds. The self-insurance fund was for indemnity, liability,
and property loss. The construction reserve fund was for
future projects, the emergency fund was for unexpected events
that were not covered in the budget. The rate stabilization
fund varied depending on outstanding expenditures. At the end
of the fiscal year last year, the fund had $8.8 million. On
February 1991, the figure was $10.5 million and presently was
at $9.7 million. The fund, made up of excess money, was to be
used to avoid spikes in the bills to the cities. It was to be
used in case of some outstanding emergency. The question was
how much was enough or too much. Reserves were needed but how
· much reserve was the right amount. A final decision had not
been made yet. The Board members had asked the General Manager
for various scenarios for refunding a portion of the money to
the cities and leaving the remainder in the fund.
Tom Harpool stated that he would respond to any questions the
Council had regarding the issue. There was the issue of
whether it would be in the overall best interest of the Agency
to refund all of the money at one time or on a divided program.
Council Member Chew stated that he was comfortable returning
the money to the cities. He would like the City Board members
to reflect this sentiment to the other TMPA Board members. He
asked if the insurance fund could be used as a reserve fund.
Stephens replied that that fund was for property loss and not
for replacement items. If all the money were returned now and
a disaster occurred, a bond sale might have to be done which
would take time and sometimes money was needed immediately. If
all the money were returned now, inflation and ordinary demands
might require a raise in rates sooner than if there was a
reserve fund.
27.9
Council Member Trent agreed with Council Member Chew to refund
the money now.
28O
City of Denton City Council Minutes
August 20, 1991
Page 6
Public Hearing
A. The Council held a public hearing and considered
adoption of an ordinance rezoning a .413 acre tract of land
from "2F" Two Family District to "PD" Planned Development
District and approved a detailed plan on property located on
the east side of Carroll Boulevard between Maple and Pacific
Streets for the purpose of a professional office building.
Z-91-011 (The Planning and Zoning Commission recommended
approval 7-0 at its July 24, 1991 meeting.)
Frank Robbins, Executive Director for Planning, stated that the
request was to rezone .413 acres from two family to planned
development and to approve a detailed site plan for the
building of an office building. The site was located in the
Downtown Urban Center. In 1986 a similar zoning application
was made to change the zoning from two family to planned
development. That plan was denied. A major difference between
the plan presented in 1986 and the current plan, was that there
was a landscape ordinance which must be followed. There would
be a three foot high living screen along the property lines of
Pacific and Maple to screen the cars in the parking lot. There
would be thicker screening on the Carroll Blvd. side and large
trees on the southern end of the tract which would further
screen the building. The applicant was not proposing any curb
cuts on Carroll, All ingress and egress would occur on one
approach on Maple. The applicant had visited with the
residents in the immediate vicinity and it appeared that the
applicant had designed the site in such a manner as to provide
sensitivity to the neighbors. The request complied with the
policies of the Denton Development Plan.
The Mayor opened the public hearing.
Dale Irwin, the applicant, requested the zoning change from two
family to planned development. A two story office building
would be built on the site. The building would meet all
set-back requirements with entrance/exit on Maple Street. The
lot was currently vacant. Possible uses for the property
included duplexes or offices. He felt duplexes would not be
viable for the property and that the office use would be better
for the property. He had talked with the property owners in
the area and all were in favor of the development.
No one spoke in opposition.
The Mayor closed the public hearing.
The foll'oWing ordinance was considered:
City of Denton City Council Minutes
August 20. 1991
Page 7
NO. 91-126
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR A CHANGE FORM TWO FAMILY DWELLING (2-F) TO PLANNED
DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 0.413 ACRES OF LAND LOCATED AT THE
SOUTHEAST CORNER OF CARROLL BOULEVARD AND MAPLE
STREET; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR
THE DISTRICT: PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; 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.
Council Member Chew left the meeting.
B. The Council held a public hearing and considered
adoption of an ordinance amending the boundaries of the
Oak/Hickory Historic District to include three properties
adjacent to the district: 305 Mounts, 311 Mounts, and 403
Mounts Street. H-91-002 (The Planning and Zoning Commission
recommended approval 7-0 at its July 25, 1991 meeting.)
Jane Biles, Main Street Manager, stated that the City had been
petitioned to consider annexing into the Oak/Hickory Historic
District three properties adjacent to the District. The
ordinance provided for the expansion of the Distract boundaries
if one or more conditions were met. The Historic Landmark
Commission recommended acceptance of these properties into the
District. The architecture was compatible with that in the
District, and inclusion of these properties provided the
necessary linkage with future areas to be considered for
historic designation. The Planning and Zoning Commission held
a public hearing on July 25, 1991 and also voted unanimously to
extend the boundaries of the District to include these
properties.
The Mayor opened the public hearing.
Brian Morrison stated that the properties were built between
1889 and 1918 and were all evident of being worthy of historic
preservation. The properties would provide a link to other
areas for historic preservation. He asked the Council for
favorable consideration of the request.
No one spoke in opposition.
The Mayor closed the public hearing.
281
The following ordinance was considered:
282
City of Denton City Council Minutes
August 20, 1991
Page 8
NO. 91-127
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE BOUNDARY OF THE OAK-HICKORY HISTORIC DISTRICT BY
ADDING THE THREE PROPERTIES LOCATED AT 305,311, and
403 MOUNTS STREET TO THE DISTRICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
Alexander motioned, Smith seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
"aye," Perry "aye," and Mayor Castleberry "aye." Motion
carried unanimously.
Consent Agenda
Mayor Castleberry asked that Item 6.A.3. - Bid ~1273 -
Commercial Refuse Trucks be pulled for special consideration.
Council Member Trent stated that he too was going to ask that
that item be pulled for special consideration.
Mayor Castleberry stated that there had been some discussion
with private haulers who wanted to make a presentation at the
meeting. However, it was too late for them to be on this
agenda. They would like to be on the agenda for next week.
That was the purpose in his request to pull the item, to give
them an opportunity to discuss it at the next meeting. He
asked if one week would make a difference.
City Manager Harrell stated that the bids were good until
October 6, 1991 so that as far as holding the bids open and
making the bids good, that would not be a problem. From the
staff's standpoint, he had two comments to offer· One was of a
concern that the previous decision made by the City Council for
the City to become the exclusive provider did call for a
February 1, 1992 start-up date. If there was any
reconsideration of that particular decision previously made by
the Council, it needed to be made fairly early if they were
going to meet that deadline. Secondarily, it had budget
implications which would have to be dealt with by the Council.
Those were factors to consider. Certainly, a short delay would
work to decide these items but not only were trucks needed to
be ordered but bid specifications were in progress for all of
the containers that the City would need. All of that was
on-going in various staff processes. He suggested that if it
were the wish of the whole Council to hold this item over and
reopen the issue and rediscuss the whole issue, it might be
better to discuss it in two weeks as opposed to the next
meeting. The nex~ meeting had been scheduled for ~he public
hearing on the budget and detailed discussion on the 1991-92
proposed budget.
City of Denton City Council Minutes
August 20. 1991
Page 9
Mayor Castleberry stated that if it were voted tonight and
should there be any change, they would have until October 6.
City Manager Harrell replied no. The bids that were taken were
guaranteed bids through October 6. If it were the Council's
wish not to proceed with the awarding of the bid tonight but to
do it at some later date, the Council could do that up until
the 6th of October and still be assured the prices that were
quoted in the back-up. He stated that if the Council, as a
group, expected staff to be ready by February 1, as previous
Council indicated, staff could not wait too much longer before
the decision was made whether to proceed or not.
Mayor Castleberry stated that if Council voted to let the bid
and should there be any change, then that time frame was
available.
City Manager Harrell replied that the price was good through
October 6. If Council voted tonight to award the contract, the
contract would be awarded and the City would be entering into
agreements with the low bidder to make the purchase of that
vehicle. If it was the majority of the Council's wish not to
proceed with the bid, to reopen the whole issue, Council should
strike the item from the ordinance and not consider it. A vote
at the current meeting, effectively moved the City closer to
being the exclusive provider.
Council Member Smith asked if the reason to withdraw the item
tonight would be to reopen the entire discussion.
Mayor Castleberry replied that several had expressed a request
to appear before the Council for that reason. If that were the
Council's decision to reopen, it would be strictly up to the
Council.
Mayor Pro Tem Hopkins asked if there was a time period in
which, if the Council chose to reopen the whole issue, that it
could be canceled.
city Manager Harrell replied that the procedure would be that
once the Council took action and the ordinance was passed, that
provided authorization to actually place the order and staff
would do that. If it were the wish of the Council as a group
that that not be done, he would advise the Council to not take
action and postpone the item. That would be much cleaner than
accepting the bid and then asking staff to not sign the
contract.
Council Member Trent stated that another factor in the issue
was that $278,400 was going to be funded from a third party
purchase agreement and with the falling interest rates and the
possibility of another drop, it would be to the City's benefit,
ever so slight, to delay it for that reason. That was his
rational for requesting special consideration.
283
284
City of Denton City Council Minutes
August 20, 1991
Page 10
Council Member Perry stated that this issue had been around, to
his knowledge, since last May. The City had gone through the
formal bidding process and had bids in hand. The Council's
consideration was whether to let the bids or not. What was
being proposed was that the Council discard that work and take
a step backward and revive an issue that had been decided. He
was concerned whether the City's bidding process would be
considered in good faith. He was not in favor of pulling the
item from the agenda.
Council Member Alexander stated that he was one who was
generally very much in favor of having dialog on an issue. But
this was an issue on which the Coundil had dialog over and over
again in a very formal way before the Council over a period of
the last two to two and a half years. The Council made a
decision several months ago that the City would become the
exclusive contractor for solid waste in the City of Denton. He
did not think it was good Council policy, at that point, to
delay a proper item that was pending before the Council based
on speculation that the Council might change its mind two weeks
from now. That was not the way to make public policy. He
would vote against any effort to remove the item from the
consideration.
Council Member Smith agreed with Council Member Alexander and
stated that she agreed entirely that the Council had a great
deal of dialog and although she was not on the Council at the
time, she did attend the meetings and heard the discussion.
She felt that the decision had been made and it should be
behind the Council. She felt the Council needed to move on and
would not vote in favor of a delay.
Council Member Trent stated that he was not indicating the
Council should relook at the entire issue and go through the
months of pros and cons again. There were times when a
decision was made and then that decision was refined. He felt
that if there were any information available to the Council,
whether it be in terms of what kinds of trucks to buy or when
to buy the trucks, he was in favor of investigating that.
Mayor Pro Tem Hopkins stated that she had voted with the
majority on one of the issues. She had asked for new figures
in September and that motion failed. She had been on a lot of
passed motions and been on a number of failed motions. She
felt that the majority had spoken and felt that the only way
she would make a change would be if one of the new Council
Members elected in May expressed reservations or questions that
showed that there was a shift in the majority. There had not
been that indication by any one of the three new members. The
vote would be no different than it was in April. Without the
shift of one of those votes, she did not see any reason to hold
City of Denton City Council Minutes
August 20, 1991
Page 11
the vote back. If two weeks from now something happened, that
the Council had to change it, the Council could always go back
and renegotiate the trucks. Without a shift in the majority
all that was being done was putting the Council through two or
four more weeks of agony. There was not that shift. Council
Member Chew being gone from the meeting would not make one bit
of difference. She felt that the new Council Members felt that
the majority of Denton citizens spoke at the polls in May.
Council Member Trent asked if the vote needed to be postponed
until Council Member Chew could vote on the issue.
Mayor Pro Tem Hopkins stated that each one of the Council
Members knew how Council Member Chew would vote. She did not
think it would make any difference. If there were a shift by
something the speakers would say next week or the next, then
the Council could do something about the trucks at that point.
Without that, she did not see that there was anything the
Council would gain.
Perry motioned, Smith seconded to adopt the Consent Agenda as
presented. On roll vote, Trent "nay," Alexander "aye," Hopkins
"aye," Smith "aye,"Perry "aye," and Mayor Castleberry "aye."
'Motion carried with a 5-1 vote.
A. Bids and Purchase Orders:
Bid ~1255 - Hydraulic Tools and Accessories
Bid ~1274 - 500 MCM Unishield and
Concentric 3 Phase Cable
3. Bid ~1273 - Commercial Refuse Trucks
4. Bid ~1268 - Oils and Greases
Be
5. Bid ~1267 - Loma Del Rey Drainage
Plats
Consideration of the preliminary plat of Lot
1, Block A of the City Booster Pump
Addition. The 15.951 acre site was located
on the north side of Hartlee Field Road,
approximately one-half mile east of Sherman
Drive. (The Planning and Zoning Commission
recommended approval at their 8/14/91
meeting).
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City of Denton city Council Minutes
August 20, 1991
Page 12
7. 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. (5.A.1. - Bid 01255, 5.A.2. - Bid 01274, 5.A.3. - Bid
01273, 5.A.4.- Bid 01268)
The following ordinance was considered:
NO. 91-128
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL
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.
Alexander motioned, Smith seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
"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. (5.A.5. - Bid
The following ordinance was considered:
NO. 91-129
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.
Smith motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
"aye," Perry "aye," and Mayor Castleberry "aye." Motion
carried unanimously.
C. The Council considered adoption of an ordinance
approving the 1991 certified appraisal roll.
Harlan Jefferson, Treasurer, stated that the City was required
by law to present the certified tax roll for Council approval.
The appraisal roll had the total assessed appraised as well as
taxable'value of every proDerty in the City o~ Denton.
City of Denton City Council Minutes
August 20, 1991
Page 13
The following ordinance was considered:
NO. 91~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING
THE 1991 APPRAISAL ROLL AND PROVIDING FOR AN EFFECTIVE
DATE.
Alexander motioned, Hopkins seconded to adopt the ordinance.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,"
Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion
carried unanimously.
D. The Council considered adoption of an ordinance
approving no parking on the north side of Edwards Street from
Avenue D to Avenue E. (The Citizens Traffic Safety Support
Commission recommended approval.)
The following ordinance was considered:
NO. 91-131
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON THE NORTH SIDE OF EDWARDS
STREET, FROM AVENUE E TO AVENUE D; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye,"
Perry "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
E. The Council considered adoption of an ordinance
approving no parking on the north side of Chestnut Street from
Avenue D to Avenue E. (The Citizens Traffic Safety Support
Commission recommended approval.)
The following ordinance was considered:
NO. 91-132
AN ORDINANCE OF THE CITY OF DENTON, TEXAS,. PROHIBITING
THE PARKING OF VEHICLES ON THE NORTH SIDE OF CHESTNUT
STREET, FROM AVENUE E TO AVENUE D: 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," Smith
"aye," Perry "aye," and Mayor Castleberry "aye." Motion
carried unanimously.
287
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City of Denton City Council Minutes
August 20, 1991
Page 14
F. The Council considered adoption of an ordinance
amending Section 18-152 of the Code of Ordinances of the City
of Denton to include additional portions of City streets
adjacent to property ,controlled by the University of North
Texas to be subject to the authority of the University for
regulation of parking. (The Citizens Traffic Safety Support
Commission recommended approval.)
The following ordinance was considered:
NO. 91-133
AN ORDINANCE AMENDING SEC. 18-152 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON TO INCLUDE ADDITIONAL
PORTIONS OF CITY STREETS ADJACENT TO PROPERTY
CONTROLLED BY THE UNIVERSITY OF NORTH TEXAS TO BE
SUBJECT TO THE AUTHORITY OF THE UNIVERSITY FOR
REGULATION OF PARKING; AND PROVIDING FOR AN EFFECTIVE
DATE.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye,"
Perry "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
G. The Council considered adoption of an ordinance
approving an amendment to an agreement between the City of
Denton and the Greater Denton Arts Council.
Catherine Tuck, Administrative Assistant, stated that the
ordinance amended the original agreement between the City and
the Greater Denton Arts Council for the Campus Theater. Part
of the agreement stated that the City would pay for utilities
based on consumption levels. The ordinance would revise
Schedule A which would reflect the spirit and intent of the
agreement. Under electricity, the original Schedule A had
"kwh" which should have read' "kw" which signified demand.
Wastewater had been broken out as it was formally under water
and sewer. Wastewater was based on 80% of water consumption
and those figures were outlined. The unit of measurement for
~atural gas had been omitted in the original agreement. The
original figure was too low due to a miscalculation and needed
to be revised. No additional dollars we~ reflected in the
change.
Council Member Trent stated that the spirit and intent was the
same as the original agreement. Yet the amendment went from
750ccf to 4,000ccf.
City of Denton City Council Minutes
August 20, 1991
Page 15
Tuck replied that the original figure was a mistake. The
original figure quoted in notes was on a monthly consumption.
That figure was 62.5 and did not signify hundreds of cubic
feet. That number should not have been that low and should
have signified ccf.
Council Member Trent felt that as the number had been
increased, it would signify a new agreement as opposed to a
revision.
City Manager Harrell stated that when the agreement was put
together, the total utility charges calculated at that time was
approximately $21,000 for a yearly utility payment. That was
reflected in all of the back-up and all the discussion which
occurred with the City Council. In preparing the budget for
this year, the original document was used to help calculate how
much monthly payment the City would be paying to the Greater
Denton Arts Council for the Campus Theater, and it became
apparent that somehow the gas usage was simply misstated. It
did not in any way approximate the usage dollar number that was
considered 12 months prior. The new amended schedule was a
clarifying amendment which resulted in the same dollar number
discussed with the Denton Greater Arts Council fifteen months
ago. If the Council maintained the original agreement signed
fifteen months ago, substantially less revenue would be given
to the Arts Council than what had been agreed.
Council Member Trent felt that 4,000ccf was too large a numberl
City Manager Harrell replied that estimates were used based on
past usage figures to arrive at the number. The prior
discussions were that the City did not want to just pay the
utility bills because the City wanted to build a schedule in
which would give a certain amount of money to the Arts Council
and would have an inducement for them to use a lower amount and
try to conserve utilities. The usage figure was included to
show that the amount would generate $21,000 for the Arts
Council to apply towards utility bills.
Council Member Trent felt that the Council had agreed to cap
the figure at $21,000 and not give automatically the $21,000.
City Manager Harrell replied that that was not the way the
agreement was written. The agreement was written that there
were maximum usage numbers that the Council agreed to pay on
the basis of those usage numbers. If the usage was more than
that, the Arts Council would be responsible.
289
Council Member Alexander stated that he remembered the
'agreement to be dollar amounts only.
290
City of Denton City Council Minutes
August 20, 1991
Page 16
The following ordinance was considered:
NO. 91-134
AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS
COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye,"
Perry "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
8. Resolutions
A. The Council considered approval of a resolution
appointing Ray Stephens to the Board of Directors of the Texas
Municipal Power Agency.
The following resolution was considered:
NO. R91-049
A RESOLUTION APPOINTING RAY STEPHENS TO THE BOARD OF
DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY AND
DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Smith seconded to approve the resolution. On
roll vote, Trent "nay," Alexander "aye," Hopkins "aye," Smith
"aye," Perry "aye," and Mayor Castleberry "nay." Motion
carried with a 4-2 vote.
B. The Council considered approval of a resolution
approving the 1991-92 fiscal year budget of the Denton County
Emergency Communications District, pursuant to Article 1432e
V.A.T.S.
Mike Pedigo, Executive Director, stated that he would be happy
to answer any questions the Council had concerning the proposed
budget.
Council Member Trent asked Pedigo to explain the travel/auto
expenses.
Pedigo stated that no more than two individuals would travel at
one time. The travel budget was broken down into two sections.
one for travel and one for auto allowance. There was an
allowance for the Director. the Public Education Manager and
the Data Base Manager. The other travel was for board members
and staff at the national conference in Orlando. Two staff
members and two board members had been budgeted to attend that
meeting. It was also budgeted for the Board President and two
staff members to attend a national conference in Seattle.
City of Denton City Council Minutes
August 20, 1991
Page 17
Council Member Trent stated that that was over $1,000 per month
for travel and asked if it was justifiable. That amount did
not include the approximately $1000 a month for auto allowance.
Pedigo replied that the travel was broken down into the two
conferences he mentioned. Both conferences were week long
conferences.
Council Member Trent questioned a $200,000 contingency fund.
Pedigo replied that the Board had adopted a policy to keep a
$200,000 contingency fund for emergency situations, for adding
answering points or to use to maintain general interest.
John McGrane, Executive Director for Finance, stated that there
was a legal opinion on whether the District could reduce its
rate charged. Because the way the election was held, the
District could not change the rate. Rather than just utilizing
those funds, the Board felt an emergency reserve fund would be
a better way to utilize the money.
Council Member Chew returned to the meeting.
The following resolution was considered:
NO. R91-050
A RESOLUTION APPROVING THE 1991-92 FISCAL YEAR BUDGET
OF THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT,
PURSUANT TO ARTICLE 1432e V.A.T.S.; AND PROVIDING AN
EFFECTIVE DATE.
Hopkins motioned, Alexander seconded to approve the
resolution. On roll vote, Trent "nay," Alexander "aye,"
Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye." Motion carried with a 6-1 vote
C. The Council considered approval of a resolution
requesting that municipalities be allowed to regulate
possession of open alcoholic beverage containers within certain
designated areas of the municipality.
Rick Svehla, Deputy City Manager, stated that Dallas was
spearheading this move. They were asking the Legislature to
consider passing legislation which would allow home-rule cities
to have jurisdiction and decision making power over this
issue. It stemmed from a decision from the Texas Alcohol and
Beverage Commission recently that exempted cities from making
those kinds of rulings.
291
292
City of Denton city Council Minutes
August 20, 1991
Page 18
The following resolution was considered:
NO. R91-051
A RESOLUTION REQUESTING THAT MUNICIPALITIES BE ALLOWED
TO REGULATE POSSESSION OF OPEN ALCOHOLIC BEVERAGE
CONTAINERS WITHIN CERTAIN DESIGNATED AREAS OF THE
MUNICIPALITY; AND DECLARING AN EFFECTIVE DATE.
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.
D. The Council considered approval of a resolution
authorizing Amendment No. 2 to the Airport Commercial Operator
Lease Agreement between the City of Denton and Fox-51 Limited.
(The Airport Advisory Board recommended approval.)
Rick Svehla, Deputy City Manager, stated that this was an
agreement which would allow Fox-51 to lease more land at the
Airport. This was consistent with the plans of the Master Plan
and with the terms of their original lease and would provide
more revenue for the City.
The following resolution was considered:
NO. R91-052
A RESOLUTION AUTHORIZING AMENDMENT NO. 2 TO THE
AIRPORT COMMERCIAL OPERATOR LEASE AGREEMENT BETWEEN
THE CITY OF DENTON AND FOX-51 LIMITED; AND PROVIDING
FOR AN EFFECTIVE DATE.
Perry 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.
E. The Council considered approval of a resolution
authorizing the City Manager to execute an agreement between
the City of Denton, Texas, and the Department of the Army,
Corps of Engineers, establishing procedures for hydropower
operations at Lewisville Dam. (The Public Utilities Board
recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that Item
E and F were 'for the Lewisville and Ray Roberts facilities. It
was a memorandum of agreement which the Council had seen
before. Each time it appeared that the agreement was final, an
additional clause was added by the Corps. This change would
add in inspection fees and dam safety operation procedures.
City of Denton City Council Minutes
August 20, 1991
Page 19
293
The following resolution was considered:
NO. R91-054
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS,
ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATIONS AT
LAKE RAY ROBERTS DAM: AND PROVIDING FOR AN EFFECTIVE
DATE.
Hopkins motioned, Perry 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.
F. The Council considered approval of a resolution
authorizing the City Manager to execute an agreement between
the City of Denton, Texas, and the Department of the Army,
Corps of Engineers, establishing procedures for hydropower
operations at Lake Ray Roberts Dam. (The Public Utilities
Board recommended approval.)
The following resolution was considered:
NO. R91-053
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS,
ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATIONS AT
LEWISVILLE DAM; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith 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 received submission of the effective tax
rate and rollback tax rate.
Harlan Jefferson, Treasurer, stated that State law required
formal submission for the effective tax rate and the rollback
tax rate. The effective rate was $.7038 per $100 valuation and
the rollback rate-was $.7244 per $100 valuation.
2-9 4
City of Denton City Council Minutes
August 20, 1991
Page 20
10. The Council received submission of the certified
collection rate.
Harlan Jefferson, Treasurer, stated that State law also
required formal submission of the collection rate. The
anticipate collection rate for 1991-92 which was 100% included
delinquent taxes, rollback taxes, penalities, interest and the
additional penalty under section 33.07 of the Property Tax Code.
11. The Council considered authorizing the submittal of a
grant proposal to the Texas Department of Health for the
Municipal Solid Waste Composting Demonstration Grant.
Cecile Carson, Administrative Analyst, stated that the grant
would provide funding for the purchase of materials for ninety
backyard composting units. A citizen forum on composting would
be scheduled for November and the program would continue
through August 1992, if funded. The request was for $19,765.
The proposal required a 50% match which would be in-kind
contributions. The in-kind contribution included personnel
salary, utilities/phone and equipment costs. No expenditure of
cash was proposed as part of the match.
Perry motioned, Smith seconded to authorize the submission of
the grant. On roll vote, Trent "aye," Alexander "aye," Hopkins
"aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye." Motion carried unanimously.
12.
Miscellaneous matters from the City Manager.
A. Receipt of the nine-month City Financial Report
Lloyd Harrell, City Manager, stated that the report was
included in the agenda back-up.
B. Harrell reminded Council of the TMPA Annual Board
meeting September 12 in Bryan.
13. The following formal action was taken on Executive
Session items discussed during the Work Session Executive
Session:
A. Mayor Pro Tem Hopkins motioned, Chew seconded to
nominate Barbara Coe and Joe Alford as alternate members to the
Sign Board of Appeals. On roll vote, Trent "aye," Alexander
"aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and
Mayor Castleberry "aye." Motion carried unanimously.
City of Denton City Council Minutes
August 20, 1991
Page 21
295
14.
New Business
The following items of New Business were suggested by CoUncil
Members for future agendas:
A. Mayor Pro Tem Hopkins stated that on the
September 3 Council Meeting there would be a request by a
citizen to withdraw from the Historical District. She asked
that the ordinance be prepared and ready for Council
consideration by that meeting.
B. Mayor Pro Tem Hopkins asked for a report on the
road off Teasley Lane to McNair S~hool. Was that road in the
County or was it the responsibility of the City.
Rick Svehla, Deputy City Manager, replied that portions of
Hickory Creek Road were in the County and part of the road was
in the City.
Mayor Pro Tem Hopkins asked staff to work with the County to
get the road repaired.
15. The Council did not meet in Executive Session during
the Regular Session,
With no further business, the meeting was adjourned at 8:45 p.m.
BOB CASTLEBERRYo MAYOR
CITY OF DENTON, TEXAS /
/
/~NN I'FF~ W~ALTERS
/C~TY S/~CRETARY
'CITY OF DENTON, TEXAS
3437C