Minutes November 17, 1992CITY OF DENTON CITY COUNCIL MINUTES
NOVEMBER 17, 1992
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
Brock, Chew, Perry, Smith and Miller.
ABSENT: None
1. The Council convened into the Executive Session to discuss
legal matters, real estate (considered sale of real property along
Carroll Blvd. to Dale Irwin), and personnel/board appointments
(considered an appointment to the Electrical Code Board).
2. The Council received a report and held a discussion regarding
nominating a candidate for possible appointment to the Appraisal
Review Board for the Denton Central Appraisal District and gave
staff direction.
City Manager Lloyd Harrell stated that the Denton Central Appraisal
District had asked for nominations for the Appraisal Review Board
which needed to be submitted prior to December 1, 1992. He asked
for instructions for names to file with the District. The
individual needed to be available during the months of May and
June.
Council Member Brock asked if the individuals previously mentioned
been contacted.
Mayor Castleberry indicated that John Marshall would he available
if nominated.
Council Member Perry indicated that he had talked to Hugh Ayer who
was pleased to be asked but had graciously declined.
Mayor Pro Tem Hopkins felt that John Marshall had been a great City
employee and would be a great nominee.
Consensus of the Council was to nominate John Marshall.
3. The Council received a report and held a discussion regarding
a Council Adopt~a-Spot.
City Manager Harrell stated that this item was on the agenda at
Council request.
Cecile Carson, Keep Denton Beautiful Coordinator, stated that the
program originated with the Keep Denton Beautiful Board in
conjunction with the Highway Adopt-A-Spot program. The original
program was a litter collection program to clean city streets and
en~ranceways at least four times a year. Additional conditions
could be imposed by the particular group doing the spot such as
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weedeating, landscaping, etc. The Keep Denton Board had done a
combination project at Carroll and Eagle by the IOOF Cemetery.
They cleaned up the litter and maintained the landscaping. Options
for adopt-a-spot locations were listed in the agenda backup. The
size of the locations varied depending on the group, their
ambition and their interest.
Council Member Brock stated that a spot not suggested might be the
bird sanctuary in southeast Denton.
Council Member Miller asked if there were a list of spots available
to the public.
Carson replied yes there was a list available and staff had one-on-
one contact with the groups. She presented a slide presentation of
some of the areas available and gave Council a copy of the adopt-a-
spot agreement.
Mayor Castleberry indicated that he liked the area on Bell Avenue
by the railroad tracks.
Council Member Smith indicated that she was in agreement to
beautify with flowers but her chief concern was with trash and that
the Bell Avenue location was the best spot for this.
Council Member Chew felt that Council Member Smith should be the
chairperson for the group.
Mayor Castleberry stated the site on Bell Avenue between Robertson
and Eagle would be a litter control site rather than a
beautification site.
Mayor Pro Tem Hopkins nominated Council Member Smith as the
supervisor of the crew.
Consensus of the Council was to adopt the spot on Bell Avenue on
both sides oft he street and that Council Member Smith would be the
chairperson. The chairperson would handle the agreement and it
would come back' to Council for a formal vote.
4. The Council received a report and held a discussion regarding
an update on the Intermodal Surface Transportation Efficiency Act
of 1991.
Deputy City Manager Rick Svehla stated that a memo had been passed
out to the Council that discussed recent information regarding the
Act. Staff was still attempting to get final answers on several
projects. A meeting was scheduled in the near future with COG, the
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November 17, 1992
Page 3
111
Highway Department and staff to confirm the listings. The report
was favorable due to a new federal law and funding which was
available for a number of issues not received before. There was
approximately $28 million worth of projects on the list. The
City's share was approximately $300,000. A negative side of the
report was that a number of projects had been delayed including a
number of projects in the City's 1986 bond issue. None of those
projects had been built and had been pushed back. Fort Worth Drive
was not included in the 9 year plan. Because all of the City's
projects had been included in the plan, it was a better plan than
the prior PDP plan because the new law required that only 30% more
projects in dollars could be added to the list than they had money
which meant more projects would be funded. COG had been recognized
as one of the few in the nation who had completed this project.
Mayor Castleberry and Council Member Miller had worked very
diligently on this project as had the Chamber of Commerce. The
Minute Orders for some of the projects had helped get these
projects on the list. Svehla discussed the projects on the list as
presented in the agenda backup. U.S. 77 was not on the list.
Highway officials had always indicated to staff that the project
would be a special funding category. Svehla had spoken with John
Blain of the Texas Department of Transportation and had been
assured that it was an active project that was being worked on
which would probably be in the out years. Staff would be visiting
with COG and TXDOT to verify numbers, info~mation and corridor
improvements.
Council Member Miller complimented Rick Svehla, Jerry Clark and
Catherine Tuck on the number hours they had worked on this project
and on the positive relationship they had with COG and TXDOT. The
City was very well represented on this project. The bond money
which was available helped because local funds were available to do
projects which proved to be important.
Mayor Pro Tem Hopkins suggested a letter be sent to those
individuals who worked on the project expressing the Council's
appreciation.
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
Brock, Chew, Perry, Smith and Miller.
ABSENT: None
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1. 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 November 3, 1992.
Perry motioned, Smith seconded to approve the minutes as presented.
On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
3. Citizen Reports
A. The Council received a citizen report from Herman Wesley
regarding a City Charter review.
Mr. Wesley was not present at the meeting.
Mayor Castleberry announced that a "Request to Address Council" had
been received from Carl Young on this item.
Carl Young stated that he wanted Council to consider putting
together a charter review committee to look at the possibility of
changing to a 6-2-1 council format. The current system was unfair
to minorities and students and there was an unbalance of power.
Several of the Council Members were living in same area of town.
He asked Council to consider a 6-2-1 plan for Council
representation.
4. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance amending Specific Use Permit No. 150 modifying the
requirement pertaining to a proposed buffer, and allowing a
storage/mechanical room. The 8.590 acre site, under the control of
the Young Mens''Christian Association, was at the northwest corner
of Windsor and Riney Roads. (The Planning and Zoning Com-ission
recommended approval 6-0 at its October 14, 1992 meeting.)
Frank Robbins, Executive Director for Planning, stated that this
was an amendment for the specific use permit for the YMCA. The
effect of the recommended amendment would be that the planting
buffer on the northern end of the property would be extended from
1991 to 1994. The amendment would define what had to be planted
and when. A small storage room would be added to the plan.
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November 17, 1992
Page 5
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 92-196
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
SPECIFIC USE PERMIT GRANTED BY ORDINANCE NO. 89-027 FOR A YMCA
FACILITY LOCATED AT THE NORTHWEST CORNER OF WINDSOR DRIVE AND
RINEY ROAD; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor acknowledged the Leadership Denton class in attendance at the
Council meeting.
5. Consent Agenda
Mayor Pro Tem Hopkins asked that 5.A.2. be pulled for separate
consideration. She noted a large difference in the bids which
raised a question whether it was cost effective to prepare the
brochure as presented. Could it be done for a lower price with a
different type of brochure.
Lloyd Harrell, City Manager, stated that staff had analyzed the
situation and had two concerns regarding the low bid. The alternate
bid, althaugh substantially less expensive, did not meet the
specifications the City had requested. To reject all the bids and
develop alternatives would go past the deadline for registration of
the programs. There might be good ideas which the alternate bid
proposed and before the next year's printing of the brochure, staff
would explore those ideas further.
Mayor Pro Tem Hopkins asked if there were a possibility of going
forward with the more expensive brochure for one printing and not
for the other three brochures.
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City Manager Harrell replied that the bid was for a certain number
of brochures to be done throughout the year. Staff agreed that for
a substantial price differential, the idea needed to be explored to
make sure that it would be feasible to do for the next year. One
goal was to make sure the document would retain a shelf life for
the period of class registration.
Council Member Miller questioned why only four bidders responded to
the bid proposal.
Tom Shaw, Purchasing Agent, replied that this had been a concern
for a number of years. Part of the bid specification included a
combination of the printing of the brochures and the sale of the
advertisements in the brochures. The revenues received from the
advertising helped offset the cost of printing the brochures. An
option would be to reduce the quality of the brochure or to do
without the advertising.
Council Member Brock indicated that last year the brochure had a
glossy cover. She questioned what was the cost of the brochures
last year.
Shaw replied that last year the brochure was four pages less and
that there was a per page decrease over last year's price.
Council Member Brock asked about total circulation.
Shaw replied that were approximately 100,000 all together.
Rick Dlugas, Director of Parks and Recreation indicated that
$38,000 had been budgeted and the bid was for $37,000 which was
under cost. Eight years ago the brochure was of a different type
with less shelf life and when the brochure was changed,
registration increased.
Hopkins motioned, Chew seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried.unanimously.
A. Bids and Purchase orders:
2.
3.
4.
Bid #1425 - Wire, Cable, Conduit and Connectors
Bid #1427 - Brochures for Parks and Recreation
Bid #1418 - General Liability - Third Adm.
P.O. #30390 - Darr Equipment
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115
6. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid #1425; 5.A.2. - Bid
1427)
The following ordinance was considered:
No. 92-197
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance approving
an administrative service agreement between the City of Denton and
Frontier Adjustments of Denton. (5.A.3. - Bid #1418)
The following ordinance was considered:
No. 92-198
AN ORDINANCE ACCEPTING THE PROPOSAL OF FRONTIER ADJUSTERS OF
DENTON FORADMINISTRATION OF GENERAL LIABILITY CLAIMS AGAINST
THE CITY OF DENTON; AUTHORIZING THE CITY MANAGERTO EXECUTE A
CONTRACT FOR SUCH SERVICES; AND AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye,,, and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance providing
for the expenditure of funds for emergency purchases of materials,
equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of
competitive bids. (5.A.4. - P.O. #30390)
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City of Denton City Council Minutes
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The following ordinance was considered:
No. 92-199
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance retaining
the law firm of Lloyd, Gosselink, Fowler, Blevins and Mathews, P.C.
to represent the City in pending litigation styled ~
Municipal Utilities District v. Cities of Dallas and Grapevin...
The following ordinance was considered:
No. 92-200
AN ORDINANCE APPROVING THE RETAINER OF THE LAWFIRM OF LLOYD,
GOSSELINK, FOWLER, BLEVINSANDMATHEWS, P.C. TO REPRESENT THE
CITY IN PENDING LITIGATION STYLED PARK CITIES MUNICIPAL
UTILITIES DISTRICT V. CITIES OF DA?.T.AS AND GRAPEVINE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance
authorizing assignment pay for the Fire Department employee in the
classification of Captain who was also assigned to perform the EMS
Program Management duties.
Rick Svehla, Deputy City Manager, stated that this had been part of
the Council's budget discussions. This position would be in charge
of coordinating the continuing education and training for the
paramedics. It was felt that providing this service in-house would
be the most cost effective method.
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November 17, 1992
Page 9
117
The following ordinance was considered:
No. 92-201
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR THE FIRE
DEPARTMENT EMPLOYEE IN THE CLASSIFICATION OF CAPTAIN WHO IS
ALSO ASSIGNED TO PERFORM THE EMS PROGRAM MANAGEMENT DUTIES;
AND PROVIDING FORAN EFFECTIVE DATE.
Hopkins motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. Resolutions
A. The Council considered approval of a resolution in
support of a grant from the Texas Forest Service to Keep Denton
Beautiful.
Cecile Carson, Keep Denton Beautiful Coordinator, stated that the
Keep Denton Beautiful Board and Tree Board had reviewed a grant
application from the Texas Forest Service which would allow the
City to take a tree inventory on primary and secondary arterials in
the City. This would provide a document which could be used for
future maintenance and reference. The grant award would be $6000
with in-kind share from the City. Volunteers from Master Gardeners
would be doing the actual inventory of the trees.
Mayor Pro Tem Hopkins stated that the cost from the City appeared
to be more than the grant and was this budgeted.
Carson replied that there would be no additional budget costs. The
City's share would be 200 hours of her time to supervise the intern
and coordinate the project. It was a 50-50 match.
Council Member Brock asked Carson if she felt the grant would cover
the inventory and complete the project.
Carson replied yes.
Council Member Miller asked if the software would be able to be
used for other purposes.
Carson replied that it would have very specific uses. They were
considering software from the National Arbor Day Foundation which
might be. able to be used to inventory other areas such as city
parks and be entered into the GIS system.
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Council Member Perry asked if this would form a permanent record of
all trees on city property when completed.
Carson replied yes when it was totally completed. The first phase
would do arterials and secondary arterials.
The following resolution was considered:
No. R92-075
A RESOLUTION ACCEPTING A GRANT FROM THE TEXAS FOREST SERVICE;
AND PROVIDING AN EFFECTIVE DATE.
Miller motioned, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
8. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. Council, at a prior planning session, had indicated a
desire for a mid-year review. Last year at this time, Council had
appointed two members to design such a mid-year planning session.
He asked if Council would appoint two members to assist in the
planning of such a session.
Mayor Pro Tem Hopkins stated that the Mayor had appointed the
individuals last year and suggested he do the same this year.
B. Harrell reminded the Council of the special meeting next
week regarding Council employee evaluations. The meeting would
start at 5:15 p.m. in the City Manager,s Conference room.
9. The following official action was taken on Executive Session
items discussed, during the Work Session Executive Session:
Hopkins motioned, Smith seconded to nominate Fred G. Reed to the
Electrical Code Board. On roll vote, Brock "aye", Miller "aye",
Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
City Manager Harrell reminded the Council about the opening of the
extension of Loop 288. The Highway Department had scheduled a
formal ribbon, cutting for Dec. 3 at 2:00 p.m. J~sus Nava,
Assistant to the City Manager, had accepted a position as Assistant
City Manager in Larado.
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November 17, 1992
Page 11
119
10. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Mayor Pro Tem Hopkins stated that Council had received a
letter from John Miniter regarding the City's open house and had
questions' which the staff could not answer regarding the
hydroelectric projects. She asked staff to respond to his letter
and to give Council a copy of the response.
11. The Council did not meet in Executive Session during the
regular session.
CITY OF DENTON, TEXAS
With no further business, the meeting was adjourned at 7:40 p.m.
ACC000CE