Minutes June 15, 1993CITY OF DENTON CITY COUNCIL MINUTES
June 15, 1993
The Council convened into the Work Session at 5:15 p.m.
Civil Defense Room.
PRESENT:
ABSENT:
in the
Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Cott, and Miller.
Council Members Chew and Perry
1. The Council convened into the Executive Session to discuss the
following:
A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S.
Considered offer of settlement in the matter of the
application of Bolivar Water Supply Corporation for
an amendment to CCN No. 11257; Docket Nos. 9824-C
and 9447-C of the Public Utilities Commission.
B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S.
Considered negotiation of line sale agreement
between the City of Denton and Missouri Pacific
Railroad.
Ce
Personnel/Board Appointments -- Under Sec. 2 (g), Art.
6252-17 V.A.T.S.
2. The Council received a report and held a discussion regarding
the future of the North Lakes Driving Range and gave staff
direction.
Rich Dlugas, Superintendent of Parks, stated that the driving range
was constructed in 1985 with money from the Recreation Fund. The
purpose of the range was to provide a service which was not being
provided to the citizens at that time as there was no driving range
in the city. In 1990 an irrigation system was added to the entire
range but dollars continued to be tight in regards to operation of
the facility. Last year the driving range came to Council as a
budget issue for Council consideration. There had been complaints
regarding irregular hours, quality of operation and staff
recommended to close the range. Council agreed to look at
privatization of the driving range. A request for proposal went
out to 10 prospective bidders asking for their input and proposals
on how they would run the facility. Individuals experienced in
golf operations, financial background, management qualifications
and experience were some of the considerations in the request for
proposal. There was a required $5,000 minimum payment to the City
which would cover ground maintenance costs, mowing costs, etc.
There were no proposals received after the first request. Staff
met with three individuals who had received proposals and discussed
City of Denton City Council Minutes
June 15, 1993
Page 2
with them how to improve the proposal. The request for proposal was
then resubmitted and sent out to 13 people with no proposals being
received. Staff contacted four of the individuals who had received
proposals after the second request for feedback on the proposal.
Two underlying factors were that there was no ability to derive a
profit at the facility and two, the new range going in at Loop 288.
It was felt that the City's facility would not be able to compete
with that range. When the City was operating the range, it was not
able to meet costs and had lost approximately $12-15,000 per year
for the last four years. Direct costs for salaries were met out of
the recreation fund but not for other costs. If the range were to
be reopened for the rest of the fiscal year, it would require
approximately $15,000 to restart the facility. Revenue statements
from the last two years indicated approximately $13,000 was
received for that time period which would be a loss of revenue for
the reminder of the fiscal year. Staff recommendation was to not
reopen the City facility as there was a similar facility at the
University of North Texas and the new facility to be opened on Loop
288.
Mayor Castleberry asked if the area could be kept mowed and if an
individual wanted to use the area could do so and retrieve their
balls as they desired.
Dlugas replied that it was mowed on a regular basis and individuals
were using the area on an individual basis. Staff had not received
any complaints regarding the range being closed. They had received
inquiries as to the status of the range.
Council Member Cott asked about the liability to the City if
individuals were allowed to use the area.
Dlugas stated that if the people using the range were using the T-
box area and it was something that the City wanted to promote, it
would be in the best interest to put signs up. The Park and
Recreation Ordinance indicated that people could hit golf balls in
designated areas.
Council Member Brock asked for the cost of keeping the area mowed.
Dlugas replied that it would be mowed anyway as it was park
property and would cost approximately $3,000 per year. To irrigate
the area would cost approximately $1,000.
Council Member Cott recommended to close the range completely and
not allow anyone to use it at all.
Mayor Pro Tem Smith asked how many people used it per week. --
City of Denton City Council Minutes
June 15, 1993
Page 3
Dlugas replied that some days there were a few individuals and some
days no one was there at all.
Consensus of Council was to allow the range to remain open and
minimally maintained but not run it as a full facility.
3. The Council received a report and held a discussion regarding
the Rails to Trails Program and gave staff direction.
Lloyd Harrell, City Manager, stated that this was a project which
had been in negotiation for the past two years. This was an
exciting project for Denton as a railroad corridor which otherwise
would be abandoned and lost would be railbanked so that at a future
date, it could be used for mass transportation. Before those
events, the property right-of-way, could be used for recreational
purposes. The contractual provisions had been changed which were
more favorable to the City. This project kept open long range
options and long range planning for the City.
Rich Dlugas, Superintendent of Parks, indicated that railbanking
was a method by which rail lines proposed for abandonment would be
preserved through interim conversion into recreation trails for
citizens use. If the line was railbanked, the corridor was treated
as if it were not abandoned. As a result, the integrity of the
corridor was maintained and any reversions which could break it up
into small pieces were prevented. The abandoning railroad company
needed to agree to negotiate a railbanking agreement. The tracks
and ties on the railbanked line could be removed, however, bridges
and trestles would remain in place, and no permanent structures
would be built on the right-of-way. Under railbanking there would
be a sale of the property at $5,000 up front and $1,000 a year for
the first five years. The term of the agreement would be for 30
years beginning at the closing. The railroad would retain the
right to reactive the right-of-way for rail service and could
repurchase the line for a sum not to exceed the total purchase
price. The railroad would give 90 days prior written notice of its
intent. Upon approval of the abandonment, the railroad would
remove the rail and cross ties, but leave bridges, culverts and
ballast for the City to use in their trail. If the railroad
exercised their option to repurchase the right-of-way before ten
years had passed, they would reimburse the city for trail
development expenses up to a maximum of $125,000. Changes in the
contract included a purchase rather than a lease, the prior price
$13,000 and the amount of revenue coming in with the initial
a~reement was to divide th~ revenue by half and the new contract
would give the City all of the proceeds.
City of Denton City Council Minutes
June 15, 1993
Page 4
Council Member Brock asked for the total cost for development of
the area.
Dlugas replied that it would depend on who completed the work. The
first area to be repaired would be the trussels which would require
approximately $25,000 worth of materials. Rock for the trails
would be approximately $50,000. If the work were done in-house the
cost would be approximately $100,000 and if contracted out would be
approximately $250,000.
Council Member Brock asked if there were the possibility of any
federal funding.
Rick Svehla, Deputy City Manager, stated that enhancements had been
submitted and projects would be chosen later in the year. Money
would be awarded state-wide so Denton would be competing with other
entities for dollars.
Consensus of the Council was to proceed with the project.
4. The Council received a report and held a discussion regarding
the release of ETJ area to Argyle and Bartonville and gave staff
direction.
Harry Persuad, Senior Planner, stated that in 1990 Denton had
received a request from Bartonville and Argyle for release of
property in the City's extraterritorial jurisdiction. The
approximately 300 acres was situated southwest of Highway 407 and
Highway 1830. Council considered the request and as the land was
surrounded by Bartonville and Argyle and as the City did not have
a long term interest in development of that tract of land so far
from the City limits, direction was given that if the two
municipalities would agree how to divide the area, Denton would
release the property. Since then Bartonville and Argyle had been
working on the division of the property. There was a proposal by
Bartonville to annex Mr. Leesley's property which included the
Double L Store. The City of Argyle was concerned about splitting
the Stoneridge neighborhood. At a meeting held May 25, 1993 at the
Argyle City Hall, Ba~tonville reiterated their earlier proposal to
apportion the area along the rear property line, east of and
parallel to Stoneridge Road. Residents west of the line had a
consensus to not be annexed into a specific city and preferred to
be in Denton's ETJ. After discussion, Argyle indicated that it
would place the item on its July agenda for consideration. Staff's
recommendation was to maintain the City's current position that the
area would be released subject to both municipalities agreeing on
division of the property.
City of Denton City Council Minutes
June 15, 1993
Page 5
Council Member Cott asked why the City would want to release the
property.
Persaud replied that since the City did not have a strong interest
in development of the tract and due to the fact that it was
surrounded by two other municipalities, it would consider releasing
the property.
Council Member Cott suggested keeping the property as the City
might want to develop it in the future.
Persaud replied that there were other areas in the ETJ which the
City was doing for that reason.
Mayor Castleberry stated that there were residents who did not want
to be in either city. He felt that that should be kept in mind.
Persaud replied yes.
Council Member Miller stated that retaining the property would be
a change in the Council's position and was the City prepared to
communicate to Argyle and Bartonville that the Council had changed
its position. If Council wanted to change its position, that
needed to be communicated to the two municipalities.
Council Member Brock stated that if the City decided to annex the
property, the cost to provide utilities would be enormous. There
was not enough potential in the area to cover the cost of
development.
City Manager Harrell stated that the property owner on the east
side of tract had petitioned to Bartonville to be annexed into that
city.
Mayor Pro Tem Smith asked if there would be access from the rest of
the ETJ into the property if the Leesley property were annexed by
Bartonville.
Persaud replied that access would close off completely. If any land
were released that land would no longer be in Denton's ETJ as State
law stated that the land had to be contiguous. There were many
areas is Denton's ETJ which had better development potential than
this area.
Council Member Miller stated that the purpose of the ETJ was for
protection in development, etc. Not everything was for the benefit
of the city.
City of Denton City Council Minu~es
June 15, 1993
Page 6
Council Member Cott suggested keeping the property for future use
or get a benefit from releasing it.
Mayor Pro Tem Smith asked how the residents felt about annexation
into the two cities.
Persaud replied that not everyone wanted to be in Bartonville. The
consensus of the residents was that they did not want to be in any
city. Comments from the residents indicated that if they had to be
annexed they wanted to be with Argyle.
After discussion, Miller suggested to continue with the City's
present position which was agreed on by Mayor Pro Tem Smith and
Council Member Brock.
Consensus of the Council was to continue with the staff
recommendation indicating a minority opinion to not continue with
the release of the property.
5. The Council received a report and held a discussion regarding
proposed ordinance requirements for board and commission members;
a date for the board/commission reception; procedures for
nominating appointments to the boards/commissions; and gave staff
direction.
Debra Drayovitch, City Attorney, stated that in the Council back-up
were the requirements for members to the City's boards/commissions.
These were the conditions which the Council had imposed across the
board for all members. There were specific requirements for
certain boards such as the Electrical Code Board, Historic Landmark
Commission, etc. Notice was given to board/commission members when
they took office as they signed an affirmation of qualifications.
As this provision was in the Charter, it could not be changed
unless a charter amendment were done.
Council Member Miller asked if this provision was only for action
boards/commission.
Drayovitch reDlied yes. She suggested that the application form
include a statement regarding contractual agreements with the City.
Council discussed the conflict of interest provision, a possible
"cure" period, and application of the provision to board/commission
members.
Council Member Cott suggested a reporting procedure to the City
Manager for members who were 3 months delinquent to the City.
City of Denton City Council Minutes
June 15, 1993
Page 7
Consensus of the Council was to continue with the current process
and not institute a reporting procedure to the City Manager.
Drayovitch suggested that the Council add the provision to the Code
of Ordinances.
Due to a time constraint, the remainder of this item was considered
under Miscellaneous Matters from the City Manager.
The Council convened into the Regular.Meeting at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, and Cott
ABSENT: Council Members Chew, Perry and Miller
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Council Member Miller joined the meeting.
2. The Council considered approval of the minutes of the Special
Call Session of May 11, 1993.
Smith motioned, Brock seconded to approve as presented. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
The Council considered Item 6.C.
6. Resolutions
C. The Council considered approval of a resolution
temporarily closing a portion of Rolling Hills Circle On June 26,
1993 for a block party.
City Manager Harrell stated that this was a normal petition to
close the street.
Catherine tuck, Administrative Assistant, stated that the neighbors
on Forr~tridg~ had p~tition~d to hav~ the street closed in order
to have a block party.
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City of Denton City Council Minutes
June 15, 1993
Page 8
Dick Fulton, representative of the neighborhood, asked that the
street be closed from 5:00 p.m. until 9:30 p.m.
The following resolution was considered:
NO. R93-038
A RESOLUTION TEMPORARILY CLOSING A PORTION OF ROLLING HILLS
CIRCLE ON JUNE 26, 1993; AND PROVIDING AN EFFECTIVE DATE.
Cott motioned, Brock second to approve the resolution changing the
time to 5:00 p.m. - 9:30 p.m. On roll vote, Brock "aye", Cott,
"aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
The Council returned to the regular agenda order.
3. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance rezoning a 6.427 acre tract and detailed plan from
the Agricultural District to the Planned Development District on
property located west of the intersection of Pennsylvania and
Southmont Drives, immediately south of St. Marks Catholic Church
for the purpose of two (2) one family dwelling detached,
agricultural uses, and a private cul-de-sac. (The Planning and
Zoning Commission recommended approval.) (The applicant had
requested this item be postponed until July 6, 1993.)
City Manager Harrell stated that a motion from Council was needed
to postpone the item until the July 6 meeting.
Miller motioned, Brock seconded to postpone the item until July 6,
1993. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council held a public hearing and considered
adoption of an ordinance designating 120 W. Oak as an historic
landmark. (The Histori~ Landmark Commission and th~ Planning and
Zoning Commission recommended approval.)
Frank Robbins, Executive Director for Planning, stated that this
was a request for historical designation for a building on the
Square. There were a number of criteria which could be used to
evaluate whether this structure should be approved for historical
designation and the structure did meet a number of those criteria.
The Planning and Zoning Commission recommended approval as did the
Historic Landmark Commission.
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City of Denton City Council Minutes
June 15, 1993
Page 9
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. 93-104
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE
PROPERTY LOCATED AT 120 WEST OAK STREET AS A HISTORIC LANDMARK
UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE OF
ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
C. The Council held a public hearing to consider the
preliminary and final replats of Lot 4, Block A of the Minter
Addition, plus approximately 3.36 acres of unplatted land; into Lot
4R, Block A. The 3.589 acre site was located at the northern
terminus of Newton Street, approximately 450 feet north of its
intersection with Wilson Street. (The Planning and Zoning
Commission recommended approval.)
Frank Robbins, Executive Director for Planning, stated that after
the Planning and Zoning Commission public hearing regarding this
proposal, a reply form had been received from the Denton
Independent School District. The reply form indicated that the
DISD owned Lot 4 and Willie Hudspeth had indicated that he wanted
to purchase that lot. As the purchase had not closed, the DISD did
not feel it was appropriate to replat Lot 4 until the deal was
finalized. Generally, it had been the practice that if one or more
land owners indicated that they did not want property platted, the
process was not continued. Staff would recommend to table the item
until such time as all owners were prepared to plat. This
situation had never occurred after the Planning and Zoning meeting.
Had it occurred before the Planning and Zoning meeting, staff would
have ~topped the process.
City of Denton City Council Minutes
June 15, 1993
Page 10
Council Member Miller asked if the case would come back through the
Planning and Zoning Commission or would the Council postpone until
such time as the sale was completed.
Robbins replied that it would return to Council.
Miller motioned, Smith seconded to postpone the item until such
time as the property had been sold. On roll vote, Brock "aye",
Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
4. Consent Agenda
Council Member Brock asked to pull Item A.5. for consideration.
Council Member Cott asked to pull Item A.1. for consideration.
The Council considered Item A.5.
Council Member Brock asked if the medical director position was a
State requirement for certification of the City's emergency
technicians.
Tom Shaw, Purchasing Agent, stated that this was a requirement by
the State to have a licensed doctor oversee actions of the medical
emergency personnel and also to certify the training and technical
capabilities of the technicians. Dr. Parks also certified that
these individuals had proper training and could administer drugs.
Council Member Brock stated that the medical director would oversee
any ongoing training.
Shaw replied correct and that there was a slight difference in this
contract over the last year's contract and next year as new
legislation required additional hours to be spent with the
emergency medical personnel.
Council Member Brock asked how many proposals were sent out.
Shaw replied four were sent out - one to each of the hospitals and
one to two other contacts. Only one response was returned.
Council Member Brock give stated that a provision was that the
medical doctor was to give an annual report to City Council
Shaw replied that this was a new item to be done in future.
Council discussed Item A.1.
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City of Denton City Council Minutes
June 15, 1993
Page 11
Council Member Cott indicated that this was an expensive vehicle.
Due to the fact that there were similar vehicles in the area, he
questioned the need for the City to have such a vehicle.
Shaw replied that the City had a wildland truck mounted on a
forward chassis which was less expensive than the proposal
purchase.
Rick Svehla, Deputy City Manager, stated that the proposed truck
had a lower center of gravity which pro.vided more access and better
ground clearance. The bigger unit also had more water capability
with a better weps system. The amount of open ground in the City
was also a concern and felt that there was not a lot of equipment
present to fight this kind of fire. Cooper Creek had a unit but
even with their equipment it would not be enough.
Council Member Cott suggested reconsidering this piece of
equipment. Perhaps a smaller unit could be purchased for less
money or possibly purchase more smaller units.
City Manager Harrell asked if the time frame for the bid would
allow postponing the award of the contract.
Shaw replied that the Council could wait 60 days if it desired.
Mayor Pro Tem smith stated that the truck would be replacing a 1966
model.
Mayor Castleberry asked Council if they wanted to pull this item
for consideration on the July 6 meeting.
Smith motioned, Brock seconded to approve the Consent Agenda as
presented.
Council Member Miller stated that when he had questions of this
nature regarding agenda items, he had asked staff for information
prior to the meeting. If the Council had questions regarding the
Consent Agenda items, it might be well to get that information in
advance. If Council waited until the meeting to get such
information, it defeated the purpose of the Consent Agenda. He
asked if the Hummer was quoted to all bidders so that all bid on
the same vehicle.
Shaw replied that the bids were put together where the chassis was
the Hummer. All those responding were quoting the Hummer chassis.
Different parts were bid but not the chassis. This proposal was
bid once before and the bids came in over the dollar limit.
Changes were made to bid and the proposal was rebid.
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City of Denton City Council Minutes
June 15, 1993
Page 12
On roll vote Brock "aye", Cott, "nay" Miller "aye", Smith "aye"
and Mayor Castleberry "aye". Motion carried with a 4-1 vote.
A. Bids and Purchase Orders:
2.
3.
4.
5.
5. Ordinances
Bid #1502 - Wildland Fire Truck
Bid #1506 - Warrant Collection
Bid #1509 - Transformers
Bid #1511 - SCADA Software
RFP #1485 - Medical Director
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (4.A.1. - Bid #1502, 4.A.2. - Bid
#1506, 4.A.3. - Bid #1509, 4.A.4. - Bid #1511)
The following ordinance was considered:
NO. 93-105
AN ORDINANCE ACCEPTING A COMPETITIVE BID 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.
Smith motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried with a 4-1 vote.
B. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement with Randy Parks,
M.D. for professional services relating to the duties of a medical
director. (4.A.5. - RFP #1485)
The following ordinance was considered:
NO. 93-106
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH DR. RANDY L. PARK, M.D., FOR PROFESSIONAL SERVICES
RELATING TO MEDICAL DIRECTOR OF EMS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING THE EFFECTIVE
DATE.
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City of Denton City Council Minutes
June 15, 1993
Page 13
Smith motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance approving
a settlement in litigation styled Hunter v. City of Denton.
City Attorney Drayovitch stated that she had received a call from
the attorney for the plaintiff requesting the wording in the
settlement be amended to include that the City Manager could
approve the health care provider selected by the plaintiff. There
was no legal objection to including that amendment as it did not
affect the City's liability or total monies involved in any way.
The following ordinance was considered:
NO. 93-107
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE
SETTLEMENT RELEASE OF ALL CLAIMS IN THE MATTER OF HUNTER V.
CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance with the
amendment as stated by the City Attorney. On roll vote, Brock
"aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance providing
for the indefinite closing of Westgate Drive north of Barrow
Street. (The Citizens Traffic Safety Support Commission and the
Planning and Zoning Commission recommended approval.)
Jerry Clark, City Engineer, stated that this request would close
Westgate Drive north of Barrow Street. The neighborhood had been
protected from construction traffic during the Mall construction
with a temporary closure. If the road were reopened, it was felt
that the rural, low volume characteristics of Westgate would be
changed due to people trying to access the outlet mall and other
associated Hunt developments or short cut around US 380. This
issue had been before the neighborhood, citizens Traffic Safety
Support Commission and the Planning and Zoning Commission with all
recommending approval. In a related matter, the owners of
Exposition Mills had asked to keep the short section of Westgate
south of their property closed. This piece of Westgate would
eventually curve back to Loop 288. It was not needed for access to
the Mall. Since it was concrete and the owner had agreed to extend
the maintenance and warranties on the road, it would be a benefit
City of Denton City Council Minutes
June 15, 1993
Page 14
to leave the road closed.
Council Member Brock agreed that Westgate would not be appropriate
as a collector or arterial street and that it would cost a great
deal to upgrade the street. She asked how staff planned to design
the permanent closure. There was one house beyond Barrow Street
and was concerned that that driveway would be used as a turnaround.
Clark replied that with the Brown property, there would have to be
an angular configuration to provide access to Bonnie Brae. A cul-
de-sac was of interest to the neighborhood. The location of the
cul-de-sac could be determined later based on cost, design needs,
and citizen input.
The following ordinance was considered:
NO. 93-108
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
INDEFINITE CLOSING OF WESTGATE DRIVE NORTH OF BARROW STREET;
AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance providing
for designation of parking spaces for exclusive use of compact cars
on portions of Elm Street and Locust Street; providing for a
penalty not to exceed $200 for violation thereof; and providing for
a saving clause. (The Citizens Traffic Safety Support Commission
recommended approval.)
Jerry Clark, City Engineer, stated that approximately 50 spaces had
been added to the Square from the original parking configuration.
Angle parking was done only when there was a need to coexist with
a different type of structure such as the Square. When the angle
parking was added, line of sight problems were noted on Elm and
Locust/Pecan where larger vehicles obstructed the line of site for
traffic. Staff had received many comments and complaints regarding
these obstructions from citizens. Two options were to correct the
line of sight or remove the parking. By changing to compact cars,
the line of sight problem would be solved.
Council Member Miller asked if the signs at the spaces would
indicate the type of vehicle to park in those spaces.
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city of Denton City Council Minutes
June 15, 1993
Page 15
Clark replied that the signs would indicate compact cars but that
a designation such as no trucks or vans could be added.
The following ordinance was considered:
NO. 93-109
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR
DESIGNATION OF PARKING SPACES FOR EXCLUSIVE USE OF COMPACT
CARS ON PORTIONS OF ELM STREET AND LOCUST STREET; PROVIDING
FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATION THEREOF;
PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Smith seconded to adopt the ordinance. On roll
, "aye" Miller "aye", Smith "aye" and
vote, Brock "aye" Cott, , ,
Mayor Castleberry "aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with the Texas
Department of Health to provide full cost grant funding in the
amount of $20,000 for upgrading the fluoridation system at the City
of Denton Water Treatment Plant. (The Public Utilities Board
recommended approval.)
Howard Martin, Director of Environmental Operations and Financial
Administration, stated that the City had applied and received
favorable consideration for a $20,000 grant to upgrade the current
fluoridation system at the Water Treatment Plant. This would
involve a change from a dry to a liquid fluoridation system. There
would be approximately $3700 savings in chemical costs and would
eliminate lifting requirements for employees.
Council Member Brock asked if there would be any cost to the City.
Martin replied no that matching funds were not required.
The following ordinance was considered:
NO. 93-110
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF HEALTH TO PARTICIPATE
IN A GRANT PROGRAM ADMINISTERED BY THE TEXAS DEPARTMENT OF
HEALTH FOR THE PURPOSE OF UPGRADING THE CITY'S WATER TREATMENT
PLANT FLUORIDATION SYSTEM; AUTHORIZING THE EXPENDITURE OF
FUNDS PURSUANT TO SAID AGREEMENT; AND DECLARING AN EFFECTIVE
DATE.
38
City of Denton City Council Minutes
June 15, 1993
Page 16
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
G. The Council considered adoption of an ordinance
authorizing the City Manager to act on the City's behalf in paying
settlements in an amount not to exceed $5,000 and in executing
compromise settlement agreements and releases approved as to form
by the City Attorney in lawsuits filed by or against the City.
City Manager Harrell stated that this ordinance would streamline
operations for these types of agreements.
Council Member Cott indicated that he would be more comfortable
with a sum total limitation.
City Manager Harrell replied that the policy stated that the limit
to be approved by the City Manager would be $5,000.
Council Member Cott asked how many agreements could the City
Manager sign off on.
City Attorney Drayovitch replied that if the expenditure involved
to settle the lawsuit was $5,000 or greater, it would have to be
approved by Council.
Council Member Cott stated that per item, the City Manager could
authorize $5,000. He asked how many different items could the City
Manager approve without coming to Council.
City Manager Harrell replied that it would depend on how many
lawsuits would be filed against city and how many of those would be
under the $5,000 amount.
Mayor Pro Tem Smith asked if some type of reporting procedure could
be devised to inform Council of the type of suit and the
settlement.
City Attorney Drayovitch stated that that wording could be written
into the resolution or could be done informally.
Mayor Pro Tem Smith felt that it was important for the Council to
be informed of any suit settled in that' fashion.
Council Member Brock stated that it was not so much the money as it
was the types of issues settled against the City.
39
City of Denton City Council Minutes
June 15, 1993
Page 17
City Attorney Drayovitch stated that there might be some suits
under $5,000 which would be brought to the Council for approval.
The following ordinance was considered:
NO. 93-111
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING SETTLEMENTS
IN AN AMOUNT NOT TO EXCEED $5,000 AND IN EXECUTING COMPROMISE
SETTLEMENT AGREEMENTS AND RELEASES APPROVED AS TO FORM BY THE
CITY ATTORNEY IN LAWSUITS FILED BY OR AGAINST THE CITY; AND
DECLARING AN EFFECTIVE DATE.
smith motioned, Cott seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
H. The Council considered adoption of an ordinance approving
the city of Denton Sewer Use Ordinance that revises the existing
Denton Sewer Use Ordinance to include technically based local
limits and pretreatment program modifications. (The Public
Utilities Board recommended approval.)
Howard Martin, Director of Environmental Operations and Financial
Administration, stated that since the last review of the document
by Council, the Public Utilities Board had held a public hearing
regarding the ordinance. Industry and commercial representatives
provided input and staff had also solicited informal comments
regarding the changes. Changes to Section 26.157 clarified how to
determine the characteristics and concentration of wastewater.
Council Member Cott felt that in Section 26.155 termination of
services needed to be a Council decision.
Martin replied if it were found that an industry were in violation
and staff had worked with the industry to try and eliminate the
discharge but were unable to do so, a "notice in order" would be
sent. That notice would outline the number of days in which the
industry had to abate the violation. If the industry disagreed
with the "notice in order", they had an opportunity to file an
appeal and the appeal would be heard by an Environmental Appeals
Committee which was made up of members designated by the City
Manager. Staff would follow the outcome of the Appeals Committee.
In the case of an emergency termination, the Director of Utilities
would have the authority to immediately terminate services but upon
termination, the industry had the right to file an appeal which
would go back to the Appeals Committee. The members and number of
City of Denton City Council Minutes
June 15, 1993
Page 18
members would be determined by the City Manager. This was what was
outlined in the current ordinance.
Council Member Cott stated that he did not have a problem with the
Director of Utilities dealing with an emergency suspension or
emergency discontinuance but an emergency termination was very
final and felt that that was a Council decision.
Martin replied that an emergency termination would take place
immediately but would be subject to the outcome of the appeal. If
the Appeals Committee determined that the industry should be
reinstated, that would be done.
Council Member Cott felt that a final decision needed to be done by
Council.
Mayor Pro Tem Smith felt that the termination or discussion of
whether or not the company was fulfilling their part of the
contract was a managerial decision. If it went all the way through
the appeal procedure it might come to Council but the Council did
not have a place in the management of that particular company which
had contracted with the City. That should be left to the
management team.
Council Member Miller stated that if a company were terminated,
they could be reinstated. The termination was not forever.
Martin stated that if the company abated the violation, they would
be reinstated.
Council Member Miller stated that with that condition, it was a
management decision and not one to come to Council.
Council Member Cott stated that once all of the discussion between
all levels of staff had been completed and if they could not agree
and the company was asked to close operations, then that should be
a Council decision.
Mayor Castleberry asked Council Member Cott if what he was saying
was with the appeal process, the Council should be the ultimate
decision maker.
Council Member Cott replied correct.
Martin replied that council members could be placed on the Appeals
Committee.
41
City of Denton City Council Minutes
June 15, 1993
Page 19
Mayor Castleberry asked Council if they were interested in being a
part of the final appeal process.
Mayor Pro Tem smith and Council Member Brock both felt that they
did not want to be part of the final decision making process.
Council Member Brock felt that the conditions were very clearly
defined and the standards very well defined. She could see kinds
of political pressures placed on the Council to not close an
industry whereas if a routine were followed there would be a more
objective basis.
Council Member Miller felt that the nature of Council-Manager form
of government allowed for a built-in appeal process.
Martin continued with the proposed changes in the ordinance.
Section 26.160 addressed the issue of confidentiality and outlined
those procedures. Revisions in Section 26.202 changed the amount
of time from 180 to 60 days. Section 26.202 clarified what items
and issues would be addressed in a complaint schedule. Changes in
Section 26.187 deal with changing the heading from "metals" to
"pollutants" to include cyanide and the footnote which indicated
that the total values were for pollutants. Section 6 eliminated
some of the requirements and left the concentration of limits.
Council Member Cott questioned the granting of a permit to a
"person" and where would a corporate entity fall in that
definition.
Martin replied that in the definition section of the ordinance the
term "person" was defined to address that issue.
The following ordinance was considered:
NO. 93-112
AN ORDINANCE AMENDING ARTICLE V ENTITLED "DIRECT AND INDIRECT
DISCHARGE INTO SANITARY WASTEWATER SYSTEM" OF CHAPTER 26 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING
TO "UTILITIES" BY REPEALING SECTIONS 26-151 THROUGH 26-208 AND
ADOPTING NEW SECTIONS 26-151 THROUGH 26-209' PROVIDING FOR THE
REGULATION AND CONTROL OF WASTEWATER DISPOSAL FACILITIES AND
PRACTICES INCLUDING FEDERAL GENERAL PRETREATMENT REGULATIONS
AND CATEGORICAL PRETREATMENT REGULATIONS; PROVIDING THE
PURPOSE AND SCOPE OF THE ORDINANCE; PROVIDING DEFINITIONS;
PROVIDING PROCEDURES FOR ABATING VIOLATIONS; PROVIDING A MEANS
FOR DETERMINI¥~] THE CHARACTER AND CONCENTRATION OF WASTEWATER;
City of Denton City Council Minutes
June 15, 1993
Page 20
P~0~IDING~ FOR THE APPROVAL OF PLANS, ISSUA/~CE OF PERMITS AND
INSPECTION OF FACILITIES AND RECORDS OF APPLICANTS RECEIVING
CERTIFICATIONS; REQUIRING CONNECTION TO SANITARY FACILITIES;
PROHIBITING THE DISPOSAL OF CERTAIN WASTEWATER INTO THE POTW;
DISTINGUISHING BETWEEN SIGNIFICANT INDUSTRIAL USERS AND OTHER
USERS AND PROVIDING PROCEDURES FOR SIGNIFICANT INDUSTRIAL
USERS TO OBTAIN PERMITS; PROVIDING PROCEDURES FOR MONITORING
COMPLIANCE WITH PERMITS AND REVOCATION AND SUSPENSION OF
PERMITS; PROVIDING FOR CIVIL AND CRIMINAL ENFORCEMENT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM
PENALTY OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
Cott motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
I. The Council considered adoption of an ordinance
establishing fees to be paid in relation to an application for or
renewal of a loading zone. (The Citizens Traffic Safety Support
Commission recommended approval.)
Rick Svehla, Deputy City Manager, stated that with the prior
loading zone ordinance the costs of the zones were not set. This
ordinance would set those costs. Prior cost for a loading zone was
$120 initially and $75 for renewal. The Citizens Traffic Safety
Support Commission felt that the fee should remain the same each
year.
The following ordinance was considered:
AN ORDINANCE ESTABLISHING FEES TO BE PAID IN RELATION TO AN
APPLICATION FOR OR RENEWAL OF A LOADING ZONE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Miller mOtioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "nay", Cott, "nay", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried with a 3-2 vote.
(NOTE: DURING THE DISCUSSION OF ITEM 5.L. IT WAS DETERMINED THAT
A PASSING VOTE OF THE COUNCIL CONSISTED OF AN AFFIRMATIVE MAJORITY
OF THE TOTAL COUNCIL MEMBERS AND NOT AN AFFIRMATIVE MAJORITY OF A
QUORUM OF COUNCIL MEMBERS AS NOTED IN SECTION 7.5 OF THE CITY
COUNCIL RULES AND PROCEDURES. THUS THE VOTE ON THIS ORDINANCE WAS
NULL AND VOID.)
City of Denton City Council Minutes
June 15, 1993
Page 21
J. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and HDR Engineering, Inc. for professional
engineering services for the sanitary landfill development. (The
Public Utilities Board recommended approval.)
Lee Allison, Director of Engineering and Operations, stated that
the Public Utilities Board and staff recommended approval of the
agreement. Negotiations for some of the non-operating arrangements
of the contract were continued through this afternoon and were
included in a draft given to Council. Even with approval of the
ordinance, it was recommended at the City Attorney review the
options to make sure the changes were made correctly. The contract
did not include the scope of services for a master plan but did
include Phase II to address Subtitle D regulations and the
expansion of the existing landfill and Phase III which was the
analysis and permitting for the expansion of the landfill. Phases
IV, V and VI were optional.
Mayor Castleberry asked what changes were made during the day.
Allison replied that they were in the indemnity sections of the
ordinance. The hazardous waste provision indicated that HDR would
not be liable for hazardous wastes already on the site which might
be buried and not known to them. It did not exclude or eliminate
any negligence, error or omission conditions.
Council Member Cott stated that in the absence of an overall plan,
he felt that he had determined the total of taking the system
private. Exhibit 5 indicated that between now and 1998, the CIP
would be $8,800,000 with approximately $1.5 million spent so far.
The capital costs would be approximately $10 million.
Allison replied correct according to the current estimates.
Council Member Cott stated that it appeared that the solid waste
revenue per the 1992 annual report was approximately $3,900,000 and
the expenses were approximately $3,900,000. That appeared to be
holding for the next four to five years.
Allison replied correct.
The following ordinance was considered:
City of Denton City Council Minutes
June 15, 1993
Page 22
NO. 93-113
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC.
FOR PROFESSIONAL ENGINEERING SERVICES FOR THE SANITARY
LANDFILL DEVELOPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried with a 4-1 vote.
K. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and American Appraisal Associates, Inc. for
professional services to conduct an inventory of City assets.
Kathy DuBose, Director of Accounting and Budget Operations, stated
that in response to a recommendation made by the independent
auditors in their management report to Council in January and as
discussed at the last meeting, this ordinance would authorize an
agreement with American Appraisal Associates to perform a fixed
asset inventory including valuation of assets and installation of
an asset management system. Total cost of the project would be
$76,975.
The following ordinance was considered:
NO. 93-114
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND AMERICAN APPRAISAL
ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO CONDUCT AN
INVENTORY OF CITY ASSETS; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Miller seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
L. The Council considered adoption of an ordinance
authorizing the Mayor to execute a contract for the collection of
delinquent taxes.
John McGrane, Executive Director for Finance, stated that at the
last meeting, Council directed him to begin negotiations to secure
a contract with McCreary, Veselka, Bragg and Allen and Hayes,
Coffey and Berry for the collection of outstanding delinquent
City of Denton City Council Minutes
June 15, 1993
Page 23
taxes. The contract which was negotiated included what was
basically in the prior contract but also included a provision for
the providing of rental space to the firm at a monthly fee of $750
per month. It included a section which prohibited the firm from
representing any client who had an adversary position With the City
of Denton during the duration of the contract. Another difference
was that the contract provided for a month to month extension of
the contract at the end of contract if so desired. Due to the
short time frame to present this to Council, the City Attorney had
not reviewed the contract prior to delivery of the agenda back-up.
Since that time, it had been reviewed and had negotiated other
changes. One of the changes provided for a termination for cause
under the contract which was similar wording to the prior contract.
It also stated that the reports to be furnished on a monthly and
quarterly basis would be determined by the Executive Director for
Finance.
Mayor Pro Tem Smith asked what was to be gained by the firm having
office space in City offices.
McGrane replied that it would allow them to do work in updating the
files. The City would provide them a work area and a terminal to
do that. This would relieve City staff from having to do those
updates plus the $750 rental fee.
Mayor Pro Tem Smith asked if the City staff had been doing those
updates.
McGrane replied yes.
Mayor Pro Tem Smith asked if the $750 would cover the expense of
providing the space and the cost involved.
McGrane replied that at the present time, it was felt that it would
adequately cover the costs.
Council Member Brock stated that one change was for a month to
month extension of the contract unless there was written notice by
either party to terminate the contract. This essentially would be
an open ended contract. Currently there was automatic review
because the contract had a definite ending date. This would not be
an automatic review.
McGrane replied that the City would have to give written
notification at that time. The reason that language was included
was that selection of tax collection attorneys was a difficult
process and if it were desired to extend a contract for a period of
time, the option would be available. Under the current contract,
City of Denton City Council Minutes
June 15, 1993
Page 24
that option was not available and extension would be required for
the same amount of time that the contract originally stated which
was two years.
Council Member Brock asked the City Attorney if the City could not
provide for a 30 day extension of present contract.
City Attorney Drayovitch replied that it could be done under a
separate agreement. An agreement to extend a contract on terms
other than what was included in the contract would be a new
agreement.
Council Member Miller stated that he had voted for approval to
prepare the contract and he was still behind that vote but there
was some information which had come to light that based upon the
whole scenario of how the process proceeded, he felt a need to do
further investigation to do justice to making a decision on the
contract.
Miller motioned to postpone the decision on the ordinance for two
weeks to be considered at the June 29th meeting to be able to clear
up some information. With most of the Council's decisions, Council
received information at one time and made decisions from that.
Because of the way this proposal had unfolded, Council was
receiving information, acting on that information, receiving
additional information and acting on that second information. He
felt that the information process on this item was still under way.
Council Member Cott asked if Council Member Miller had new
information.
Council Member Miller replied correct and that he would like to
explore that information further.
Council Member Cott seconded the motion for the purpose of
discussion.
Council Member Cott stated that if there were new information, then
the Council needed to know that information and if not, the Council
might be putting themselves in a position of a prosecutor. Did
Council Member Miller have information which was not available last
week and not information about how information was received last
week.
Council Member Miller stated that he had received information today
addressed to the Mayor and Council. Apparently not everyone
received that information. That information should be made
available to all members between now and the next meeting.
City of Denton City Council Minutes
June 15, 1993
Page 25
Mayor Castleberry indicated that he had not received the
information.
Mayor Pro Tem Smith indicated that she had also received the
information. She agreed with Council Member Miller that this had
snowballed in effect. She did not agree that the Council was the
prosecutor but they were the judges and they had to make the
decisions. She felt that the Council owed it to both firms and to
the Council and to the citizens to know as much about the process
as possible.
Council Member Cott stated that the Council should have had this
information last week.
Mayor Pro Tem Smith stated that had the Council known what they had
since learned .......
Council Member Cott replied that that was the nature of deciding on
the Council.
Council Member Miller stated that the problem was the way the whole
situation had developed. The information received last week should
have been received before that meeting. Each step generated more
information. His reasons for arriving at his prior decision still
stood subject to clarification of these issues. There was not time
to consider that information prior to the meeting. Apparently not
everyone had access to the information. It had been a very unusual
information flow process but it was information which he felt
deserved consideration.
Council Member Brock felt that this process needed to be started
earlier. She felt that the Council had been rushed to make a
decision due to the time frame. She had voted last week on the
basis of performance. Her question then had been was the current
firm done a good job for the City which ultimately meant had the
firm collected the most money for the taxpayers. Had this been a
cost effective contract for the City. Her answer to that was yes
unless there was something which was an immediate problem which
applied to Denton. Several people chose to change the firm on the
basis of information which was given to some members Of the Council
rather late in the process. These were issues which involved
professional ethics. Since that was the justification which was
given by those who voted to change the firm, she felt it was
appropriate that the Council have an opportunity to evaluate
information in that direction.
Mayor Castleberry asked if anyone other than Council Member Miller
received the information.
City of Denton City Council Minutes
June 15, 1993
Page 26
Mayor Pro Tem smith and Council Member Brock indicated that they
had received the information.
Mayor Castleberry indicated that he and Council Member Cott had not
received the information. He felt it was unfortunate that
communication to the Council only went to some members. He
wondered why that was on the last day prior to final consideration
of the contact.
Council Member Brock stated that she felt the same way about the
accusations which were brought against the Heard firm. She did not
receive a copy of that information. She saw it only just before
the meeting. It had been apparently hand delivered over the
weekend when she was not available and she did not have an
opportunity to study that material or investigate the validity or
ask any questions about it. On the basis of that material which
was received by some members of the Council, people made their
decisions. She did not feel able to make a decision based on that
material of unethical legal behavior. She felt that that was the
same situation as with this new information.
Mayor Castteberry stated that Council Member Brock was out of town
on the weekend.
Council Member Brock replied correct but she had a mailbox and a
house and when she came home, that information was not available to
her.
Mayor Castleberry stated that it was very unfortunate that all
Council present at the meeting were available during the day but
not everyone received the information which made it difficult for
those who did not to be informed.
Council Member Cott indicated to Council Member Brock that he had
made a decision partially based on that, having discussed at length
what he had received from Mr. Hayes with Mr. Gregory. He knew that
Council Member Miller had just spent a great deal of time on the
phone with him. He suggested to Mr. Gregory that he bring the
individual so that Council could ask him about the information
received regarding the indictment from the State Bar Association.
He agreed with Council Member Miller that this was one of the most
agonizing decisions he had to make. He felt that there was an
integrity of the Council to uphold. A decision had been made.
Someone had some business, someone tried to get the business based
on many different aspects. Business people were in that position
all of the time. He felt that if there were new information on the
firm the Council had chosen, that needed to be considered for the
next contract. He felt it sent the wrong message if Council
City of Denton City Council Minutes
June 15, 1993
Page 27
changed its vote. A final vote had been made and he requested that
Council continue that vote.
Mayor Pro Tem Smith stated that the vote was a preference, not a
final vote. She had three problems with the contract. She felt
that there were several problems to work out. If the Council was
basing their votes on ethics, then Council needed to look at
everyone's ethics. She felt that was a very important step which
needed to be taken.
Council Member Miller stated that a final decision had not yet been
made and he was not at this point asking to reverse the decision.
He was asking to postpone a decision for two weeks to be able to
deal with the information which had come to light. He understood
what Council Member Cott and Mayor Castleberry were saying about
how the informat~?~a~'.bUt could not see any difference in how he
received information two weeks before. That information he was
told he received because of what had happened the week before that.
He agreed that it had to stop sometime.
Council Member Cott stated that both firms were present and
suggested that if the information was about one of the two firms or
about these two gentlemen, that perhaps Council should allow them
to address the issue.
Council Member Miller stated that that would be acceptable to him.
Mayor Castleberry stated that since the gentlemen were here, would
it be acceptable to the Council to hear from them at this time.
City Attorney Drayovitch asked Council Member Miller if he agreed
to amend his motion to ask that the Council be presented with
presentations from each firm.
Council Member Miller and Cott withdraw their original motion and
second and motioned and seconded to hear from the firms. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "nay", and
Mayor Castleberry "aye". Motion carried with a 4-1 vote.
Mayor Castleberry stated that Council would be willing to hear from
anyone present who would like to speak to this.
Council Member Cott asked what were they going to speak about.
Council Member Miller had some information .....
Council Member Miller asked the firm of Hayes, Coffey and Berry if
they were prepared to discuss the information. He stated that one
of the things from the very beginning, even at the study session,
'50
City of Denton City Council Minutes
June 15, 1993
Page 28
which he had been concerned about was the issue of conflict of
interest. If a law firm represented the City, it did not work both
sides of an issue. It was his understanding that there also was an
ethical issue with a lawfirm, that when they represented a client
that they represented the client and not cases in opposition to the
client. That was discussed last week and was put into the
contract. He received information which indicated that the lawfirm
of Hayes, Coffey, and Berry as attorneys for the Denton Independent
School District had also appeared as counsel for clients.as lien
holders which was in opposition of the position taken by the DISD.
His first reaction to that was that it was the School District's
problem and not the City's. He had done some checking and found
out that even though it was not in the contract, that was what was
expected. The information was that the firm had represented
clients who had a legal issue with the DISD at the same time that
they represented the DISD. He felt that that was a question of
ethics and since the question of ethics had been raised all the way
through the process and even though it was not a part of his vote,
it had been a part of other's votes and should be addressed. He
wanted to sit down in private with the firm to discuss the
information. His vote was still the same but he wanted to hear
what the firm had to say about the information.
Bryan Berry - Hayes, Coffey and Berry - stated that they had no
conflicts with the City. They had checked with their computer and
had been to the Courthouse to verify that there were no potential
conflicts. He felt that there had been no more extensive
investigation by a firm than they had done. They had a different
contract with the DISD as they were legal counsel and not their tax
collector. They had a very close working relationship with the
DISD such that they were informed of every decision they made.
Representing a lien holder was not in opposition to the DISD. With
a piece of property and the taxes position, the DISD would be paid
prior to any lien. What they were doing was protecting their
client's interest for anything which was left over. However, they
had, at this time, no conflicts with the DISD even though in the
past when they had had them they had informed the DISD and had
worked closely with the people so that there was nothing hidden.
There were some old liens which had been dismissed. Neither the
McCreary firm nor the Hayes, Coffey and Berry firm nor the joint
venture had any conflict whatsoever in any way with the City on any
of its files at this time. They had never had a conflict regarding
delinquent taxes. The firm and joint venture from both sides had
been policed and there were no conflicts that they were aware of.
If there were, the City had an out clause and hoped that the firm,
if one did show up unknown for whatever reason, would be able to
divest of whatever was required.
City of Denton City Council Minutes
June 15, 1993
Page 29
Council Member Miller stated that the firm was the legal counsel
for the DISD.
Berry replied correct that they were not their tax collector.
Council Member Miller asked if they represented lien holders and in
effect, might prevent the DISD from collecting taxes they would
have otherwise collected because they were legal counsel.
Berry replied no that in fact, in certain instances, they found
money which had been lost in bankruptcy court because they were
following up on other leads. In bankruptcy court, taxes were a
priority along with administrative costs.
Council Member Miller stated that there were no legal services
which they provided that would deny the DISD any revenue they would
otherwise receive if it were not for legal services being rendered
by their firm.
Berry replied correct.
Council Member Miller stated that if Council voted on this based on
what Berry had said this evening and it turned out later that this
information was not correct, did Berry feel that the City would
have reasons to invalidate the contract with them.
Council Member Cott indicated that he would.
Berry replied that at that point, their only recourse would be to
ask for time to correct the problem.
Council Member Miller indicated that he was trying to clear up what
legal services they were providing and that if it did not involve
the collection of taxes, then what dispute there might be with the
DISD.
Richard Hayes - Hayes, Coffey and Berry - indicated that while
Council Member Miller had briefly discussed the information with
him, he did not have any cause numbers or numbers of lawsuits which
Miller had concern about. From the research they had done, their
records showed that of January 1, 1992 they had five tax suits
which involved Denton County , the DISD or the City of Denton. As
of today, there were two tax lawsuits which were still pending
where they were the attorneys of record for the First State Bank of
Denton where the Bank was a lienholder. In the two lawsuits
mentioned, the firm prepared motions to substitute counsel and were
signed off by the other firm and the Court had entered orders to do
so. Those were on City deals and not DISD deals. The firm had
City of Denton city Council Minutes
June 15, 1993
Page 30
never been in an adversarial position with the DISD. The State Bar
rules on conflict dealt with a conflict on the same subject matter.
There were many instances where a firm might represent one
individual on one matter and another individual on another matter
yet those two people might be adverse otherwise.
Council Member Miller asked if collection of taxes would be a
conflict.
Hayes replied that he could not recall a single instance when it
was not a case of getting the taxes paid as fast as possible and
had been a major financial institution such as the First State
Bank.
Council Member Miller stated that the firm's intervention at that
point triggered the paying of taxes and did not change their
position of priority in their lien.
Hayes stated that if there were any pending lawsuit which he was
not familiar with, it was only because the person collecting those
taxes was not pursuing the suit. Because if it had been pursued,
it would have been discovered.
Council Member Miller asked Hayes to address the other issue
they had discussed.
Hayes replied that there had been an entity by the name of Jett
Development which had some back taxes due at one time. That issue
had been brought up in 1991 when the firm had made a response to
the City's request for proposal. At that time, he remembered that
at that point there were no properties owned by Jett Development.
They had filed a final federal income tax return in 1991. The
Council had a proposal by a joint venture of McCreary, Veselka,
Bragg and Allen and Hayes, Coffey and Berry and that joint venture
owed no one any taxes. One of those joint ventures, Hayes, Coffey
and Berry, had an individual (Richard Hayes) who at one time was a
member in a partnership which had some back taxes which were due
for prior tax years. As of the time that the last request for
proposal had been sent, there were no real estate taxes owed by
that entity. Richard Hayes, the individual, had never owed any
back taxes to the City, County or DISD.
Council Member Miller stated that one of the reasons he voted as he
did was that there seemed to be more of a partnership between
Hayes' firm and the McCreary firm. Hayes had mentioned to him that
the firm would to provide local services. He asked Hayes to review
what the firm would do differently in terms of the partnership and
the kind of local services which would be performed under the contract.
53
City of Denton City Council Minutes
June 15, 1993
Page 31
Hayes replied that the firm was a litigation lawfirm with a
governmental section which did much governmental work. The firm
represented the DISD and a number of other small cities in the
County. There were six attorneys in the firm who went to the
Courthouse on a regular basis and who would continue to so. They
hoped that by adding the dimension of a local lawfirm which would
go to the Courthouse on a regular basis there would be an added
incremental boost of the tax collections. It was hoped that by
bringing in a local firm which would go to the Courthouse on a
regular basis, a total tax collection system would be given to the
City.
Mayor Pro Tem Smith asked when the arrangement with the McCreary
firm was formed.
Hayes replied it was in April during Denton County Days in Austin.
Council Member Brock stated that in the suit filed against Hayes as
a partner of Jett Development for collection of delinquent taxes,
was there a suit filed by the City, DISD and County in 1988-89.
Hayes replied that all of those taxes were paid and were styled
against the real estate partnership.
Council Member Brock stated that there was a judgement for the
three entities and an order of sheriff's sale announced and before
the sale, Hayes paid the amount for each of them.
Hayes stated that in 1983-85 Richard Hayes was a real estate
genius. Like many others, he bought high and the market turned
down. He was a member of a number of partnerships and corporations
that went out and bought real estate. Eventually all of the real
estate was sold. In that particular case, the taxes were paid,
maybe not on time but were paid. He stated that there were other
partners in the entities or other share holders in the entities and
all of those without exception fell by the wayside and that
everyone looked to a single individual in those entities to satisfy
those as best as he could individually.
Sydna Gordon - Heard, Goggin, Blair and Williams - stated that she
had tried to get the information to everyone but had run out of
time. There were two issues which she felt were important for the
Council to consider. As Council Members Miller and Cott had
indicated, the issue of ethics had been quite important in the
Council consideration. Which was why she was surDrised to hear an
attorney indicate that he could represent two clients on different
sides of an issue and it not be a conflict. It was true that in a
regular tax case in State Court, that the tax liens were superior
'54
city of Denton City Council Minutes
June 15, 1993
Page 32
to all other liens except for some situations in personal property.
In bankruptcy situations, all lien holders were competing for the
remaining assets. Tax liens, especially on real property, had a
special status but that special status could be eliminated. It was
her observation that one client or the other would not be fully
represented and felt that an attorney had a duty to wholeheartedly
represent a client and not have any conflict at all. She did not
see how an attorney could appropriately represent a client when
they had a client who had an opposite interest. She had asked
members of the DISD Board if the District had granted permission
for Hayes, Coffey and Berry to represent other clients who would be
on the other side of a tax case. She was told that no such request
had come to the Board. The second issue was the performance issue.
Mr. Hayes continued to talk about 101%. If the City of Denton's
year end audits were looked at, it would be discovered that the tax
collections for the year were also over 100%. What was being added
in that fiscal year was all of the current year taxes which were
collected plus prior year delinquent taxes which were collected.
That was a combination of collections which was done by staff and
by the delinquent tax firm. In order to take a good look at what
a delinquent tax firm was doing, there needed to be a look at what
was turned over and what was collected. When the Heard firm was
competing against the McCreary firm and others for the DISD
contract, they looked only at what was turned over to them for
collection and not a combination of what was collected by staff.
For each of the past five years, the Heard firm for the City of
Denton had outperformed the collections for the DISD. The Heard
firm had never represented a client on the other side and would
appreciate consideration now and in the future.
Council Member Cott stated that what Gordon was saying was that
there was a question of ethics in her mind as to what the Hayes
firm did in representing the DISD and First State Bank.
Gordon replied yes.
Council Member Cott stated that this was a public record and the
ethics writing association of her industry, whatever it might be,
did not bring any charges and ~hey knew about it at the time.
Gordon replied that it was up to the client to do so. It was her
understanding that the School Board had been unaware of that.
Council Member Cott stated that unless it was something which had
been tried in the proper jurisdiction and he was not saying that it
did or did no happen nor that it was right or wrong, it seemed to
him that if the State Bar or the ethics committees in the industry
had done nothing about this, then it was her opinion and Richard's
z¸ 55
City of Denton City Council Minutes
June 15, 1993
Page 33
opinion and perhaps even his. His second question was on
performance and he wanted it known, especially to Council Member
Brock, that he made his first decision on performance and his
second decision on ethics. He believed that the request for
proposal was identical for everyone. He had read the request for
proposal and everyone had the chance to present statistics and it
was the Heard firm which used a different 12 month calendar.
Gordon replied that she did not recall that the request for
proposal indicated which calendar to use.
Council Member Cott stated that the way cash flowed, if January to
December were used versus February to January, there would be all
kinds of different figures depending on collections, etc. So
actually what was happening was that the numbers had to be backed
out, which he did, and on a twelve month basis, the figures were
identical if the same 12 months were used.
Gordon replied she did not know what numbers Council Member Cott
backed out but if the turn over were taken .....
Council Member Cott asked Gordon if he were right that there were
different twelve month periods.
Gordon replied that the other firm used the City's fiscal year and
combined the City's collections and their collections and gave a
100% ......
Council Member Cott asked what Heard that used.
Gordon continued a 100% total. The Heard firm used the amount
which the City turned over for collection and did not include in
what they had collected ........
Council Member Cott asked what fiscal year was used.
Gordon replied that they used from July to June which was the
period of time in which the delinquent tax collection contract ran.
The City turned over the uncollected current year taxes to them on
July 1.
Council Member Cott asked what was everyone asked to use. There was
an attempt to analyze cash in January versus cash in July.
Gordon replied that there was not a direction to use a particular
period of time but ....
city of Denton city Council Minutes
June 15, 1993
Page 34
Council Member Cott stated that the concept of performance had to
be analyzed by the monthly flow and in analyzing the monthly flow,
it was identical.
Gordon stated that she was not sure what Council Member Cott was
talking about in regards to monthly flow. If the discussion were
about the amount of collections which came in per month, it would
vary month to month. Sooner or later a look would have to be made
at how much had the firm collected of what was turned over to them
to collect.
Council Member Cott stated that that was one answered correctly but
the second equation was over time and the time had to equate as
well. In certain months of the year more would be turned over or
less to be collected.
Gordon replied that it was all turned over at same time. On July 1
all uncollected taxes would be turned over.
Council Member Cott stated that the method to judge how a firm
performed on what was turned over, in his opinion, was on a fiscal
year basis and that was the reason he made his decision. In
addition to which, he did not know that this was a kind of an issue
which was as strong ethically as they were being concerned about
and if so, the Heard firm should bring it before the State Bar
Association.
Gordon replied that they did not make it a habit to do that ....
Council Member Cott stated that in essence the Heard firm was doing
that at the Council.
Gordon replied that their ethics had been called into play and she
felt that if what the Council was going to look at was ethics, then
it should have all of the information concerning all of the firms
being looked at and .....
Council Member Cott replied that the council did and felt that the
Council wag not l~gally qualified to judg~ that. H~ f~lt that if
the Council saw a State Bar Association analysis of this, he would
agree with her.
Gordon replied that the State Bar, on its own, did not bring this
type of complaint. They were made by some third party such as
another lawyer depending on the situation but generally was a
former client. She thought that it would be useful for the Council
to have all of the information about all of the firms. They
believed that their performance was exemplary and she had yet to
57
City of Denton City Council Minutes
June 15, 1993
Page 35
see any figures brought to the Council from either the DISD when
McCreary represented them or the County which told the Council what
percent of the roll which was turned over was collected. That
could be as much as a 20% difference. She asked Council to
consider historical performance as a major reason to chose a tax
delinquent firm.
Council Member Miller stated that he had received information from
both firms and it was presented to him in terms of information
which was needed for the decision making process.
Mayor Castleberry stated that a motion was in order.
Council Member Cott moved to continue as they had last week to get
the contract signed.
City Attorney Drayovitch stated that there was an ordinance before
the Council and the contract which was attached to the ordinance
was changed slightly. The changes included a termination for cause
provision which was identical to the current contract wording. The
provision allowed the City the right to terminate the contract for
cause giving 30 days written notice with a statement of the reasons
for termination after giving the firm a reasonable opportunity to
rectify the same. It further provided that the City would be the
sole judge of the existence of what cause was. This was the
provision which was in the existing contract. On page 1 of the
contract, Articles III and IV previously read the firm "is to"
advise and the firm "is to intervene" had been changed to "shall"
in both places. On the top of page 2 Article V a provision had
been added which was very similar to the wording in the existing
contract that the report shall be furnished in a format dictated by
the Executive Director for Finance.
The following ordinance was considered:
NO. 93-115
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
THE COLLECTION OF DELINQUENT TAXES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
Council Member Cott motioned, Miller seconded to adopt the
ordinance as presented to Council and the contract as amended.
Council Member Miller asked if it were in the City's best interest
to have an individual working in the City's office.
58
City of Denton city Council Minutes
June 15, 1993
Page 36
McGrane replied that it would allow records to be updated on a
faster basis so that if there were a delinquent tax in the process
of collection and had been paid, the City would have that updated
in order to cease collection at that time. There would also be the
revenue from the rental of the space which would off set the cost
of various supplies.
City Manager Harrell stated that staff felt that this arrangement
was similar to one which the DISD and Denton County had negotiated
with these types of contracts. Staff felt that it would improve
the revenue stream and would not inconvenience the city.
Council Member Miller stated that currently the format of reports
were not similar. Would the new contract allow for a similar
comparison between reports.
McGrane replied yes that the comparison would be able to be made.
Council Member Miller stated that it would be possible to take a
two year period and compare it with any previous period.
McGrane replied that it could be compared with the lawfirm which
was collecting the taxes at the time or if it were a different firm
than in the past, it could be compared to that. It could not be
compared to County numbers or School District numbers.
Council Member Miller asked about the provision for the two year
contract with thirty day renewal extension. It was explained that
that provision would enable the City to continue with a firm in the
event that a new contract was not completed on time. It did not
look very clean to him because if there were going to be a request
for proposal every two years, there needed to be an assumption that
the contract would expire then and requests for proposal would be
out. He asked if a clause could be included that if the client
wished, the contract could be extended for 30 days and make it a
unilateral decision on the part of the City so that the contract
expired on June 30, 1995 but gave the client the option to extend
it for 30 day periods.
McGrane replied that under this language, the city had the option
to give written notice or not to give written notice.
Council Member Miller indicated that the City would have to take
action. Could the provision be written that action would be taken
if the City wanted to do it otherwise there would be a clear
presumption that the contract expired in two years.
City Attorney Drayovitch stated yes if the firms were agreeable.
City of Denton City Council Minutes
June 15, 1993
Page 37
Mayor Castleberry asked Council if they were agreeable to hear from
a representative of McCreary, Veselka, Bragg and Allen and Council
indicated approval.
Gilbert Bragg - McCreary, Veselka, Bragg and Allen - stated that he
had been involved in other situations when requests for proposal
had been delayed. With the 30 day increments, the City would
continue to have a delinquent tax collector. If a request for
proposal went out and was completed prior to June 30, 1995, there
would be no problem. But if there were a delay with the request
for proposal, the 30 day continuances would allow for no lapse in
representation. He would be agreeable to line out that provision
completely.
Council Member Miller recommended to change the provision to such
that it would be at the client's request.
Council Member Cott motioned, Miller seconded to amend the original
motion and original second to indicate that an affirmative act was
required on the part of the City to trigger the first 30 day
extension.
Bragg stated that the sentence in question would read "thereafter
this contract shall continue in full force in effect from month to
month at the option of the City of Denton." If that was the
agreement of the Council, it would be just a matter of redrafting
the paperwork.
Council Member Brock stated that she wanted to be sure that that'
required positive action.
City Attorney Drayovitch stated that wording could be inserted to
the effect that if the notice was given pursuant to the direction
of the City Council.
Mayor Pro Tem Smith asked if there had ever been a firm working in
the tax department within City Hall.
McGrane replied not in the nine years he had been here.
Mayor Pro Tem Smith asked if the firm would use their own terminals
which had the information or would they work off the City's.
McGrane stated that the firm would receive a listing as of July 1
of the City's tax records indicating those individuals who had not
paid their 1992 taxes. They would incorporate that into their
system. Payment came to the City of Denton and the payment would
be updated to the City files. Prior to any legal action, those
'6O
City of Denton City Council Minutes
June 15, 1993
Page 38
files would be crossed checked for payment.
Mayor Pro Tem smith stated that this would eliminate City staff
from having to do that work.
McGrane replied that in the updating of the payments or updating of
the disposition of the cases.
Council Member Miller stated that there was an underlying
assumption that in two years there would be a request for proposal
process. If this contract were approved, he would be watching
performance very closely.
Mayor Pro Tem Smith stated that in view of the original motion and
fact that Council had had this discussion with presentation by both
groups, she felt that it would be better to have the two absent
members included in the vote.
Council Member Cott asked if Mayor Pro Tem Smith meant after the
vote by Council.
Mayor Pro Tem Smith replied no.
Council Member Cott stated that there was a quorum.
City Attorney Drayovitch referred the Council to Section 2.06A of
the City Charter which provided that a majority of members of the
Council shall constitute a quorum and the affirmative vote of the
majority of the Council shall be necessary to take any official
action in the name of the City except as otherwise provided in the
Charter or by the general laws of the State of Texas. She pointed
out that it took four votes unless two or more council members were
disqualified. In order to pass any ordinance of the City it took
a minimum of four votes no matter how many council members were
present.
Council Member Cott asked if this had been evoked before.
City Attorney Drayovitch replied yes to the affirmative vote of
four.
Council Member Cott asked under what circumstances.
Council Member Miller asked what difference it made.
Council Member Cott stated that it made a difference as it seemed
to him that the Council should revert back to the way the vote was.
If the discussion was never held and the Council could not vote on
City of Denton City Council Minutes
June 15, 1993
Page 39
the motion, then the motion voted on at the last meeting would
stand.
Mayor Pro Tem Smith stated that that was only a statement of
preference not an approval of a contract. The backup material
asked for a statement of preference, not a contract to be approved.
On roll vote of the main motion, Brock "aye", Cott, "aye", Miller
"aye", Smith "nay", and Mayor Castleberry "aye". Motion carried
with a 4-1 vote.
M. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with the State
of Texas for the installation of traffic signals at the
intersections of IH Highway 35 frontage roads with US Highway 77
and F.M. 1515.
Jerry Clark, City Engineer, stated that due to traffic volumes and
accident history there were two new signals which would be
installed at US 377 and I35 and Bonnie Brae at I35. The State
would reimburse the City for an effort to make the signals
compatible at the intersections and for the City's labor.
The following ordinance was considered:
NO. 93-116
AN ORDINA/~CE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE STATE OF TEXAS FOR THE INSTALLATION OF
TRAFFIC SIGNALS AT THE INTERSECTIONS OF IH HIGHWAY 35 FRONTAGE
ROADS WITH US HIGHWAY 77 AND F.M. 1515; AND PROVIDING AN
EFFECTIVE DATE.
Miller motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
6. Resolutions
A. The Council considered approval of a bond resolution by
Denton Health Facilities Development Corporation providing for the
issuance of bonds for the Evangelical Lutheran Good Samaritan
Society.
John McGrane, Executive Director for Finance, stated that the
Evangelical Good Samaritan Society had approached the Denton Health
Facilities Corporation in order to refinance $3.425 million worth
of outstanding bonds. These bonds had a letter of credit backed by
City of Denton City Council Minutes
June 15, 1993
Page 40
a Japanese bank. The bond rating on the letter of credit had
dropped where it was no longer beneficial so they were refinancing
that portion of the bond. The City's bond counsel had looked at
this proposal and had advised the Denton Health Facilities
Corporation and the Corporation had passed the resolution. Council
approval was also needed to pass the resolution. Section Two of
the resolution indicated that the City had no liability for the
payment of the bond.
City Manager Harrell stated that the members of the Denton Health
Facilities Development Corporation were McGrane, Svehla and
Harrell.
The following resolution was considered:
NO. R93-036
A RESOLUTION APPROVING A BOND RESOLUTION BY DENTON HEALTH
FACILITIES DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE
OF HEALTH FACILITIES REFUNDING REVENUE BONDS FOR THE
EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY.
Miller motioned, Cott seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing the City Manager to execute assignment of a contract
from Anthem Life Insurance ~ompany to Acordia Corporate Benefits,
Inc.
City Manager Harrell stated that this was a routine item associated
with a name change in one of the City's insurance administrators.
Council Member Cott stated that when this happened, there was some
recapitalization within the company.
Ike Obi, Human Resources Specialist, stated that staff had talked
with the company and had r~c~iv~d a l~tt~r of conformation
indicting that the changes made within the corporate office were
made in the best interest of their clients. There were no changes
which would impact the City's contract with the company.
Council Member Cott requested that staff look into the
capitalization of the two companies.
The following resolution was considered:
City of Denton City Council Minutes
June 15, 1993
Page 41
NO. R93-037
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSIGNMENT OF A CONTRACT FROM ANTHEM LIFE INSURANCE COMPANY TO
ACORDIA CORPORATE BENEFITS, INC.
Miller motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered approval of a resolution
temporarily closing a portion of Rolling Hills Circle On June 26,
1993 for a block party.
This item was considered earlier in the meeting.
D. The Council considered approval of a resolution leasing
parking spaces located on the Williams Trade Square.
John McGrane, Executive Director of Finance, stated that this was
the lease the City had with Denton County. The lease provided for
the leasing of 15 spaces at Williams Trade Square for $14 per
month. In exchange the City gave the County Commissioners a
parking sticker for their vehicles which allowed them to park on
the Square.
Mayor Castleberry indicated that there were only five such
stickers.
McGrane replied correct.
The following resolution was considered:
NO. R93-039
A RESOLUTION LEASING PARKING SPACES LOCATED ON THE WILLIAMS
TRADE SQUARE; AND DECLARING AN EFFECTIVE DATE.
Smith motioned, Cott seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered approval of a resolution
committing to the continuation of adequate funding for
implementation of the City of Denton Environmental Protection
Agency approved Pretreatment Program.
City of Denton City Council Minutes
June 15, 1993
Page 42
Howard Martin, Director of Environmental Operations and Financial
Administration, stated that as Denton was submitting its sewer use
ordinance revisions and pretreatment modifications to the EPA for
approval, it was required a commitment of continued funding to
carry out the provisions of the federal program be approved.
The following resolution was considered:
NO. R93-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
COMMITTING TO THE CONTINUATION OF ADEQUATE FUNDING FOR
IMPLEMENTATION OF THE CITY OF DENTON ENVIRONMENTAL PROTECTION
AGENCY APPROVED PRETREATMENT PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
Cott motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
7. The Council considered approval of a Deputy city Secretary for
the signing of beer and wine permits and applications.
City Manager Harrell stated that in accordance with the City
Charter he would like to appoint Rodney Patterson as Deputy City
Secretary for the purposes outlined in the back-up memo.
Smith motioned, Miller seconded to approve the appointment. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
8. The Council considered approval of the Annexation Policy Plan.
(The Planning and Zoning Commission recommended approval.)
Harry Persaud, Senior Planner, stated that staff felt that the ETJ
was an important resource of the city and needed to be protected.
In that vein, an Annexation Policy Plan was suggested in order to
have definite procedures to follow.
Cott motioned, Smith seconded to adopt the plan. On roll vote,
Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
9. Miscellaneous matters from the City Manager.
Work Session Item #5 was continued.
City of Denton City Council Minutes
June 15, 1993
Page 43
5. The Council received a report and held a discussion regarding
proposed ordinance requirements for board and commission members;
a date for the board/commission reception; procedures for
nominating appointments to the boards/commissions; and gave staff
direction.
City Manager Harrell stated that Council was considering a date for
the board/commission reception. This would be a time for swearing
in new members and presentations to retiring members.
Council decided that Tuesday July 27th would be appropriate for the
reception and to possibly hold it at the Visual Arts Center from 7-
9 p.m.
City Manager Harrell asked Council to consider procedures for
appointments to the boards/commissions. The decision was made at
the last Council meeting to schedule the receipt of nominations
from Council Members for the July 6 meeting. There was some
indication that Council might want to discuss how that process
would proceed.
Mayor Pro Tem Smith asked if it would be possible to make
nominations one week and vote on them the next week.
Council Member Miller suggested passing potential nominations on to
the City Manager in order to keep a master list so that an
individual would not be contacted for more than one board.
Mayor Castleberry felt that perhaps two nights would be required
for formal consideration.
Consensus of the Council was to nominate on July 6 and vote for
consideration on July 13.
10. There was no official action taken on Executive Session items
discussed during the Work Session Executive Session.
11. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Mayor Pro Tem Smith reminded Council of the Monday 5:30
p.m. clean up of their adopt-a-spot.
B. Mayor Pro Tem Smith stated that Representative Sarpolis
would be in Denton on Saturday for the Juneteenth celebration.
There was a Sunday 9:30 a.m. time slot on when the Council could
City of Denton City Council Minutes
June 15, 1993
Page 44
present its picture to him or they could wait until August.
Consensus of Council to wait until August.
C. Mayor Pro Tem Smith asked if the date of July 16 would be
appropriate for the reception for former Member Hopkins.
D. Council Member Cott asked staff if they could develop
labor and overhead costs for projects such as rails to trails or
the fluoridation program to determine whether internal costs would
be competitive with outside costs.
E. Council Member Miller asked for consideration of the
City's mowing contract as now the contracts were for the entire
season. He suggested studying the contract for a different system
and not have one contract for the whole season.
12. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 10:50 p.m.
BOB CASTLEBERRY,
CITY OF DENTON, DENTOn, TEXAS
ACC00126