Minutes August 03, 1993152
CITY OF DENTON CITY COUNCIL MINUTES
August 3, 1993
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, and Miller
ABSENT: Council Member Perry
Budget Presentations
Introduction
Lloyd Harrell, City Manager, outlined the budget discussion
schedule. City departments began budget presentations that evening
with the next week's meeting devoted entirely to the remainder of
the departmental presentations. The presentations were designed
for departments to explain their budgets, any significant changes,
and respond to any questions. Three meetings devoted to further
discussion by the Council and dealing with policy issues plus other
major issues put on the table by the Council were scheduled for
August 24, August 31, and September 7. Major policy issues needed
to be decided by September 7th so that the budget and tax rate were
formally adopted on September 14.
John McGrane, Executive Director for Finance, distributed
information concerning changes from the major budget issue report
or the budget document. The first two changes were reflected in
budget document, but were different from the major budget issues
report. Since the major issues report was distributed the sales
tax number was updated which reflected the current actual numbers.
The second item was an update on the effective tax rate based on
the certified assessed property values for Denton. The new
effective tax rate to fund the proposed budget was 74.90¢ per $100
valuation. In the major budget issues, the rate was based on the
preliminary roll and was 73.20¢ per $100.
Council Member Cott questioned how much of the tax roll was still
a dispute. ~
Mr. McGrane stated that the city was not supplied with that number.
Council Member Cott asked if the number was going to be available
before September'budget decisions.
Mr. McGrane stated that depended on whether the cases were heard
before then or not. He was aware of one large business personal
property under dispute which might be heard before September 1.
By law, the Appraisal District was only required to supply the
certified roll which they certified at 95%.
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Mr. McGrane stated that Item C. which discussed transferring a
position from the Planning Department to Solid Waste as part of the
recycling efforts reflected the personnel dollars transferred but
not the other money for travel, office supplies, etc. There was
$3,673 in the Planning Department budget which could be
redistributed by the Council.
Mr. McGrane explained that Item D. referred to page 427 of the
proposed budget where percentages were in error. The proposed
document was not corrected, but when approved, the budget document
was to reflect the corrections.
One other item which came to light after preparation of the
proposed document was Flow Hospital escrow fees which the city was
responsible for estimated at $700 a year. Since the escrow
agreement was for several years, the fees were a separate line
item. The item was not reflected in the proposed budget, but was
to be inserted and reduced the unreserved fund balance by that
amount.
Mr. McGrane provided an overview of the budget. The general fund
was the primary general service budget. Ad valorem tax made up
32.3% of the general fund revenues. The proposed budget was based
on the effective rate of 74.9¢ which brought in the same amount of
dollars as last year. The 74.9¢ included the debt service'portion
which paid for general debt service which increased because of
activities done in the last year. What that meant was that if the
city got the same amount of dollars as last year, the amount of
dollars for operation and maintenance decreased. Therefore, the
general fund budget reflected somewhat of a decrease.
Mr. McGrane stated that ad valorem percentage last year was
approximately 34% of the operation and maintenance budget as
compared to a projected 32.3% for the next budget year.
Mr. McGrane stated that sales tax receipts were up 10.9% through
June. A portion of the increase was based on actions in last
year's budget which eliminated the exemption of sales tax on
residential gas and electric sales as of January 1.
Council Member C°tt asked how much the new outlet mall affected
sales tax receipts.
Mr. McGrane stated that the state had not provided the statistical
information but he estimated the effect of the outlet mall
attributed to about 3% of the 5% increase. Sales tax was 22.1% of
the general fund revenue.
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City of Denton City Council Minutes
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Another large portion of the general fund revenues was from
transfers from both utilities and bond funds. There were two
transfers for the utility fund. One transfer was the city's 6%
return on investment which was under charter, and the second was
the transfer administrative costs which were set by a cost
allocation plan by David M. Griffith, a private consultant. Also
charged back to the capital improvement bond fund and the utility
bond fund was work done by city engineers on projects. The
transfers made up 28% of the budget. Total revenue for the general
fund was $29,021,97. General fund expenditures totalled
$29,549,408. The difference between the amount of expenditures and
the amount of revenues was supplemented by fund balance. Council
had set a policy that kept the fund balance between 8-10% and the
action brought the fund balance closer to 10%.
Mr. McGrane stated that electric utility expenditures were
$68,982,000. Of the amount, 69.2% was for purchase power. Water
expenditures were $13,458,000 and wastewater expenditures were
$8,067,000. Mr. McGrane pointed out that the utilities budgets
were presented and reviewed extensively by the Public Utilities
Board and were sent to City Council through the City Manager who,
by charter, could not make any changes. The utilities budgets were
based on an overall rate increase in the electric department of
3.2%. Overall water rates increased 4% and overall wastewater
rates increased 13%.
Mr. McGrane stated that the sanitation fund included total solid
waste expenditures of $5,087,000. Of that amount, residential
expenditures were $1,382,000, commercial expenditures $1,305,000,
landfill $876,000 and miscellaneous expenses of $915,000. A major
recycling effort accounted for 17% of budget increase in the
sanitation fund. The rate increases in the sanitation fund were
50¢ per month for residential, an 8% commercial increase and 50¢
per cubic yard at the landfill.
Police
Police Chief Mike Jez reported that the Police Department budget
reflected that supplies stayed the same as the prior year. There
was a $13,500 increase in maintenance attributable to the delayed
replacement of some vehicles and increased maintenance for the
vehicles. The services budget showed a $52,000 reduction from
money saved for delaying replacement of vehicles. The sundry
account showed an approximate $20,000 increase as a result in
increased cost the city incurred from grant programs. DARE, the
Occupant Protection Grant, and Selected Traffic Enforcement Grant
had increased city costs as the state funds decreased. Under fixed
assets was $12,800 to be used for portable handsets and
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City of Denton City Council Minutes
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communication equipment for police officers for field assignments.
The Police Department had only 30 handsets currently.
The 93/94 budget included $24,060 to add one additional civilian
jailer to the department. Chief Jez stated that currently the
Police Department had two jailers which made it impossible to staff
the jail 24 hours a day, 7 days a week, 365 days a year. The city
incurred a tremendous amount of liability in connection with the
maintenance and operation of the jail. With the move to the new
building in the next fiscal year, the jailer positions became more
important because the jail increased in size. The ultimate goal
was staffing the jail with a jailer around the clock. Currently,
the duty officer made routine and periodic inspections of jail at
times when there was no jailer and that one of the supervisors be
present to oversee and supervise any time an inmate was booked into
the jail.
Council Member Miller stated that he recalled that crime statistics
were down this year and lead the state.
Chief Jez responded thatDenton lead the state with a 21% reduction
in crime.
Council Member Miller stated that all the numbers budgeted showed
an increase. He questioned whether the numbers were increased
because of growth or had the department reached the point of
diminishing return.
Chief Jez stated that it was a combination of a variety of reasons.
Denton had at least a single digit reduction in crime in each year
following 1988, and in some instances, a double digit reduction.
The 21% rate referred to was for 92/93. Last month, the rate was
down some 15%. The apprehension on the part of the Police
Department was because of the long trend of reduction, that in time
the numbers began shifting up. The budget numbers were a
combination of both intuition and tracking offenses in Denton and
making reasonable assumptions about the next year.
Council Member Miller asked if the computer system that was being
discussed would help some of the situations.
Chief Jez reported that the computer system impacted in a variety
of ways. The computer system assisted in reducing costs in some
areas as it related to purchasing forms and paperwork that clerks
were doing that no longer were necessary. The computer improved
response time because of the automated dispatch function. The
computer enhanced investigative possibilities.
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City of Denton City Council Minutes
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Council Member Miller questioned whether the budgeted purchase of
handsets gave the department the number of handsets needed for all
officers in the field and what was the expense to get enough.
Chief Jez stated that the proposed budgeted expenditure was not
enough. The number or cost figures were not available but would be
provided for Council.
Rick Svehla, Deputy City Manager stated that the handsets cost
$3,000 each and the proposed budget got the department four new
ones.
Council Member Chew questioned that with the increased space at new
facility would four jailers be needed instead of three jailers.
Chief Jez stated that ultimately 6.5 civilian jailers were needed
and the department was working gradually to build to that number.
City Manager Harrell that very few new positions were proposed in
the general fund. Staff ranking looked at the need of the Police
Department for a civilian jailer and that even with a tight budget
progress needed to be made.
Council Member Chew stated that this was one area that really
needed to be looked at.
Council Member Cott stated that when the Police Chief and the Fire
Chief discussed with Council approximately $2 million of management
information systems, neither seemed to follow through on the
discussions. Cott asked that of the $300,000 increase in personal
services was that part of the $2 million or did that include two
new COPS neighborhoods.
Chief Jez stated that personal services was to be addressed by Tom
Klinck when he made his presentation to the Council. The
management information systems had not yet been addressed for the
Council and was not a part of the budget.
Council Member Cott asked if the Police Department planned to
implement the MIS system this year.
Deputy City Manager Svehla stated that it was to be implemented in
the next fiscal year about the time of the move to the new
building.
Mr. McGrane stated that the management information system was also
looking at the possibility of issuing C.O.'s which related back
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City of Denton City Council Minutes
August 3, 1993
Page 6
into general debt service payment that came up the following year
and took away from operation and maintenance.
Fire
Fire Chief James Thomason stated that the fire budget was broke
into divisions with the overall budget increasing $24,000 excluding
personal services. Fire administration showed an increase in
services of $29,781 and fixed assets of $3,000. The fixed assets
increase was for radio equipment. The hand held radios in the Fire
Department were four to five years old and showed considerable wear
and tear. Also included in the package were two outdated and
nonserviceable pagers to be replaced.
Chief Thomason stated that the fire operations budget remained the
same except for a $1,000 increase in supplies. In fire prevention,
Chief Thomason stated that there was some increase in services
primarily due to the fact that the Fire Marshal's division picked
up three automobiles during the current fiscal year which required
payment of debt service. Fixed assets in Fire Marshal's office
included a package for equipment for the fire investigator.
In the emergency medical services budget, Chief Thomason reported
two small areas of increase in the budget offset by a decrease in
services of $28,000 due to retirement of the debt on ambulances.
The next fiscal year was the first year to begin a program of
refurbishing ambulances. Approximately six years ago, the fire
department had told Council that once a fleet was developed with
self contained units with generators and supplies, the Fire
Department no longer looked at purchasing new ambulances but at
refurbishing units. The cost to refurbish one unit was $17,500.
Chief Thomason reported that the emergency management budget was
eliminated and was absorbed by administration.
Council Member Cott suggested as new state art equipment was
acquired that the billing of $200 for services be reconsidered to
fully billing for cost of services.
Chief Thomason stated that the proposed $200 fee was within the
average of the north Texas area. Staff was evaluating the cost of
supplies and procedures rendered on the ambulance for an additional
charge to the base fee.
Council Member Cott asked what the collection percentage was on
what the city billed.
Chief Thomason stated that the collection rate was under 50%.
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Council Member Cott asked what could be done to improve the
collection rate.
Kathy DuBose, Director of Accounting & Budget Ope~¥.~ ~? stated
that a collection agency assisted in the collection p~ The
city sent second and third notices to customers befc:~9 tn ~ount
went to collection. The city was electronically filing ~.~ ~e
payments which assisted expediting payment.
City Manager Harrell stated that Finance was working with the F~
Department trying to increase the collection rate. The collectio~
rate was not a unique problem to Denton and that ambulance charges
were notorious for running up bad debt, especially in communities
like Denton which were influenced by the Interstate.
Council Member Brock questioned if the line entitled "subscription
to ambulance" referred to the kind of insurance that was introduced
for subscribers for an annual fee.
Chief Thomason stated that the "subscription to ambulance" line
referred to the Denton Emergency Medical Services Membership
Program. It was not an insurance program but a subscription
membership program. In the next fiscal year, full color brochures
were to be sent to every resident in the city's EMS service
district including the small cities served and an aggressive
advertising campaign launched.
Council Member Brock questioned what was the charge per household.
Chief Thomason responded that the charge was $36. People who lived
outside of the city also paid a $36 one time fee. If the
subscriber were a City of Denton utility customer, they could pay
out the $36 on their utility bill.
Council Member Miller questioned if the move to Fire Station #6 was
reflected in the budget. He also questioned if as part of the move
to Station #6, that during day there were people in Station #1.
Miller also asked if there were any comparable numbers to reflect
the Fire Department's record in Denton in terms of response to
fires and emergencies like the Police Department so numbers could
be compared on a statistical basis.
Chief Thomason stated that the annual report from the Fire
Department reflected what had been done the past year compared to
what was done in years past. For the last 12-13 years, the number
of fire runs increased, but fire losses remained relatively
constant. Ambulance service had steadily increased.
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City of Denton City Council Minutes
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Council Member Miller stated he had received a report from the
Firefighters Association relative to the number of firefighters at
a fire scene and stating that seven were necessary to fight the
fire safely. Miller wondered what the city's response was and
asked that with the proposed budget does the city have sufficient
people to respond and safely fight fires.
Deputy City Manager Svehla stated that the city responded just as
those documents indicated in terms of number of personnel. The
city went to a fire differently in terms of how many vehicles were
taken to the fire because the Fire Department was spread thinner
than the national push for manning. A formal reply the Firefighter
Association's report was coming which responded to how the Denton
responded to fires and personnel used.
City Manager Harrell stated that the kind of manning suggested by
the firefighters was better, but it was a matter of very scarce
resources.
Council Member Miller wanted to be assured that with certain
minimum standards to fight fires in the community and for the
protection of the employees that Denton does not go below that
number. Miller asked if it were an accepted procedure that seven
firefighters were needed to safely fight a fire where people were
going into a building.
Chief Thomason stated that he was not certain that seven was the
magic number. The Denton Fire Department tried to have as many
people on the scene as possible. The paging system allowed direct
call back of firefighters whenever there was a situation where more
staff was needed.
Council Member Miller asked if the staff felt comfortable that
there was enough communication equipment to provide good
communication for the staff from a safety standpoint; or if more
were needed, how many would that be and what was the cost.
Deputy City Manager stated that the number of radios needed and
cost of those would be provided.
Council Member Miller stated that in some preliminary data one less
person was shown in fire operations and one more in fire
administration. He questioned what was the effect in terms of
folks out fighting fires.
Deputy City Manager Svehla stated that the fire operations
reduction was the phasing out of the battalion chief position.
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When the last battalion chief retired, two new firefighters were to
be hired.
Council Member Cott asked for clarification that the number seven
was up to the Chief and not based on a national standard.
Deputy City Manager Svehla stated that the city strived to have
fourteen firefighters at a fire.
Chief Thomason stated that a typical run included three engine
companies with three men each, a truck company which had three men,
and an ambulance which had two men which was 14 people with an
option for the Captains to call for additional personnel whenever
necessary. The Fire Department strived for the optimum safety of
personnel at all times.
Deputy City Manager Svehla reported that the first meeting with
small cities concerning Emergency Medical Services went well. Five
of the eight cities served were represented' and agreeable to
getting to parity preferably using a three year time frame. Mr.
Svehla requested Council direction.
Council Member Chew stated that he supported a two year time frame
for reaching parity.
Council Member Miller stated that with the tight budgets for the
small cities and Denton changing the rules on such short notice,
three years was a fairer way to reach parity.
Deputy City Manager Svehla stated that the disparity was presently
$4.00. If the new ambulance fee of $200 was~ implemented, the
disparity was only $3. The small cities proposed a 75¢ increase
for fiscal year 93/94 to be collected by Denton in fiscal year
93/94. An additional increase of $1.00 for fiscal year 94/95 and
an increase of $1.25 for fiscal year 95/96 which brought the small
cities to parity.
Further discussion concerning ambulance fees ensued and the impact
that the per capita increase had on the small cities' budgets.
Council Member Chew stated his approval for a $200 ambulance fee
for everyone and bringing the small cities to parity in two years.
Mayor Castleberry asked if the new ambulance fee was to be
increased prior to the new budget year. If so, it should be
considered soon.
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Council Member Miller supported the three year process for the
small cities to reach parity.
City Manager Harrell stated that for many of the small communities
the per capita charge was a sizeable sum in their total budget.
The small cities agreed to the need to reach parity, but all cities
were in the budget process and requested the first year to be a
modest increase.
The Mayor asked for the opinion of the Council on the length of
time for small cities to reach parity. Council Member Smith
supported three years to reach parity. Council Member Cott gave
Council Member Chew is proxy. Council Member Miller supported
three years. Council Member Brock supported three years. Council
Member Chew supported two years to reach parity. Council directed
staff to allow the small cities three years to reach parity.
Engineerinq & Transportation
Jerry Clark, Director of Engineering/Transportation, stated that
the majority of the department's work was with the Utility
Department. In the next fiscal year, the department planned to
work on Fort Worth Drive from 1-35 to Collins and the CIP. The
Engineering budget remained the same with no personnel changes.
Two supplemental packages included a Wang Computer for the clerical
staff and replacement of a 1985 pickup.
The Transportation division continued to expand the closed loop
system and continued to work on adding two or three new signals.
The line items showed a slight increase in supplies, uniforms, and
gas, oil, and diesel. The maintenance line decreased and services
remained the same. There were no changes in personnel planned.
Streets
Mr. Clark stated that street patching was the crews which repaired
utility cuts and potholes. Supplies in the proposed budget
remained same, but maintenance was going up approximately $7,000.
Services showed a slight decrease which was involved with vehicle
replacements. The division worked with Motor Pool on replacing
equipment by keeping the beds and replacing just the chassis. The
division was also working with the garage and refurbishing some
equipment.
The street construction division does major street rebuilds.
Supplies remained same. Maintenance increased and services
decreased which was offsetting adjustments for refurbishing
vehicles and using money efficiently.
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City of Denton City Council Minutes
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The street lighting division was for the cost of funding lighting
for streetlights and traffic signals. Because the State paid for
traffic signals on 1-35, this offset the increase in number of
streetlights
Airport
Rick Svehla, Deputy City Manager stated that the budget basically
remained the same with no supplemental requests because of the
runway extension. The contract for the engineering for the
extension was on the agenda to be considered later in the evening.
The extension's cost was estimated to be between $1.2 and $1.5
million and was a 90/10 project with the FAA. The contract to be
considered tonight was in two phases. The first phase was funded
with interest money left from '85 C.O. issue. Mr. Svehla stated
that if the Council pursued the grant application for the extension
and it was approved, an additional $60,000 - $80,000 request from
the unreserved fund balance for our local match was to be made.
City Manager Harrell stated that as part of the major budget issues
there was proposal for an additional $125,000 in funds for
additional street construction which was not reflected in any of
the budgets presented.
Mr. Clark stated that if the $125,000 were approved after projects
for 93/94 fiscal year were completed, the 94/95 fiscal year
projects were to be started. Approximately, 37 blocks of streets
were to be repaved.
The Council convened into the Regular Meeting at 7:00 p.m. in the
Council Chambers of City Hall.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, and Miller
ABSENT: Council Member Perry
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Planning
Session of June 25, 1993, the Special Call Session of June 29,
1993, the Regular Session of July 6, 1993 and the Special Call
Session of July 13, 1993.
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Smith motioned, Miller seconded approval of the minutes. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
3. Presentation of a Resolution by Senator Jane Nelson
designating Denton as the "Redbud Capitol of Texas".
Senator Jane Nelson presented the following resolution to the City
Council declaring Denton the Redbud Capital of Texas:
By: Nelsont Carriker
S.C.R. No. 71
SENATE CONCURRENT RESOLUTION
WHEREAS~ The Legislature of the State of Texas takes great
pleasure in recognizing Denton as the Redbud Capital of Texas for
its magnificent redbud trees that herald the arrival of spring each
year; and
WHEREAS~ The lovely City of Denton has a long and
distinguished history and part of that history is associated with
the redbud tree; and
WHEREAS~ In 1937, L. H. Hubbard, president of the College of
Industrial Arts, now Texas Woman's University, started an extensive
program to make Denton a redbud city; and
WHEREAS~ President Hubbard established a plan in the 1930s to
plant hundreds of redbuds on the college campus and encouraged
residents to do the same to their lawns and yards throughout the
city; and
WHEREAS~ Through the years Denton citizens have held annual
Redbud Festivals, crowned a Redbud Queen, and identified trails
lined with redbud trees; and
WHEREAS~ Designated by the National Arbor Day Foundation as a
Tree City USA, Denton encourages the planting and maintenance of
the beautiful trees; programs that promote redbud plantings include
the landscaping of the future Performing Arts Building provided by
the Greater Denton Arts Council, plantings from private donations
along Carroll Boulevard, and tree plantings in the landscape
medians on University Drive with funds from a grant from the Texas
Department of Transportation; and
WHEREAS~ During the Christmas Treecycle program held on
January 2, 1993, the Denton Rotary Club donated a redbud tree to
each citizen who dropped off a Christmas tree for recycling;
approximately 300 redbud trees were donated to Denton schools; and
WHEREAS~ The Treeline program sponsored by the city utilities
department replaces trees under electric lines with low-growlng
trees including the redbud; and
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City of Denton City Council Minutes
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WHEREAS~ The citizens of Denton are to be commended for their
magnificent efforts to beautify their city through planting and
maintaining redbuds and other native trees throughout their
community; now, therefore, be it
RESOLVED~ That the 73rd Legislature of the State of Texas
hereby designate the City of Denton as the Redbud Capital of Texas
and extend best wishes to its residents for continued success in
the years to come; and, be it further
RESOLVED~ That a copy of this Resolution be prepared for the
City of Denton as an expression of the admiration and esteem of the
Texas Legislature.
Bob Bullock
President of the Senate
(SEAL)
Peter Laney
Speaker of the House
I hereby certify that
S.C.R. No. 71 was adopted by
the Senate on April 13, 1993.
Betty Kinq
Secretary of the Senate
I hereby certify that
S.C.R. No. 71 was adopted by
the House on May 26, 1993.
Betty Murray
Chief Clerk of the House
Senator Nelson was presented with a Keep Denton Beautiful pin.
4. Presentation of the Keep Texas Beautiful, Inc. Awards.
Dick Engle, Chairman of Keep Denton Beautiful, presented the
Governor's Community Achievement award along with $100,000 from the
State of Texas, the Proud Community Award, and the Sustained
Excellence Award which was received by scoring 90 or above for
three consecutive years.
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First Place in the Youth Leadership Award was presented to the
Panther Paw Pickups from Lee Elementary School.
Zan Austin was presented with the Sadie Ray Graff Education
Citation Winner.
Donna Schroeder was presented with the Sadie Ray Graff Education
Certificate of Merit.
The Ryan High School Ecology Club was voted the number one high
school in the State of Texas.
Jeanne Morrison received the Proud Community Individual Award, and
Judy Smith received the Proud Community Business Award.
5. Presentation of Yard of the Month Awards for August.
This item was pulled to be presented at a later date.
6. Citizen Report
A. The Council received a citizen report from Joe Dodd
regarding sales tax increases.
Joe Dodd, 1107 Greenlee, discussed the proposed 1/2¢ sales tax to
offset property taxes. Mr. Dodd stated that he did not believe
that any business would make a decision for a sales tax increase.
Mr. Dodd stated that with or without the sales tax increase the
city would eliminate unneeded services and outdated programs, stop
the practice of having slush funds by using unfilled staff
positions to provide a little extra money and that the Council
would not waste a single taxpayer dollar. Mr. Dodd said most of
people he spoke with did not feel the 1/2¢ sales tax would offset
real property tax over a period of time. Mr. Dodd felt voters
would not approve the increase in sales tax. Mr. Dodd stated that
the City of Denton had no economic development board but had an
increase in electric charges to fund a small program out of the
Chamber. He stated that no amount of retail growth and no amount
of retail taxation solved any of Denton's current or long term
financial problems. Mr. Dodd supported an Economic Board free of
staff control with a clear and simple mission of finding clean,
light industry for Denton.
Council Member Miller stated that the Council was not approving the
1/2¢ sales tax increase but was appointing an advisory task force
of citlzens to study the idea. If the task force found it to be a
viable idea, the decision was up to the voters of City of Denton.
Miller stated that Denton's Economic Development program was more
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City of Denton City Council Minutes
August 3, 1993
Page 15
than token and was a partnership between the private and public
sector.
B. The Council received a citizen report from Julie West
regarding the City's Comprehensive Housing Affordability Strategy.
Julie West, 3908 Atlas, stated that she was a seven month resident
of Denton and addressed the comprehensive housing strategy. Ms.
West applauded the city on its perspective of assessing
homelessness as an integral part of the comprehensive housing
affordability strategy. Homelessness affected everyone both
directly and indirectly. Numbers of homeless had risen to the
highest numbers since the Great Depression. The estimated number
of homeless ranged from 250,000 to 1,000,000. The General
Accounting Office estimated an annual growth rate between ten and
thirty percent. Denton was not immune to homelessness. Available
affordable housing had diminished. Ms. West stated it was
imperative that the Planning Department continued strides to assess
and impact the housing of the homeless. She requested that Denton
consider all aspects that affect the homeless person and family
including physical and mental health, chemical dependency, social
isolation, inadequate government assistance, nutrition, disability
and job training. She requested a long term comprehensive approach
to curb homelessness in Denton.
C. The Council received a citizen report from Willie
Hudspeth regarding the city allowing water to be diverted on his
property.
Willie Hudspeth, 316 N.Bonnie Brae, stated that his concern was
twofold. He had spoken to the Council previously of the situation
in southeast Denton and asked for Council's help. Mr. Hudspeth had
purchased property in southeast Denton to build a home and allowed
the Denton Independent School District to purchase a portion of
property from him to build a new elementary school. After the sale
of the property, Mr. Hudspeth discovered that the DISD planned to
put a driveway in a location that destroyed many trees which had
made the property so attractive. Mr. Hudspeth felt that no
beautification efforts took place in southeast Denton. Mr.
Hudspeth continued to try to save the pecan tree located near the
driveway the DISD was constructing. He stated that his efforts had
included a plea to the Council to stop the destruction of the
trees. Mr. Hudspeth stated that Council's reply was that they had
no jurisdiction. Mr. Hudspeth stated that most of the trees were
destroyed. Mr. Hudspeth stated that he was having a difficult time
building his home in southeast Denton and could not get the city to
help. Mr. Hudspeth played a video of a previous Council meeting in
which Council stated that Mr. Hudspeth and the DISD should work
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together to find a solution to the problem. Mr. Hudspeth
distributed pictures of his property and contended that the city
had allowed the DISD to have their way. He contended that every
tree along the fence row would be dead in two years as a result of
the ditch that had been built.
Mr. Hudspeth's second concern was his request of Council at a
previous meeting concerning a concrete plant dumping pollutants
into an area where children play. He stated that Council agreed it
should be corrected and nothing had been done. Mr. Hudspeth stated
that he had gotten a copy from the Charter looking to see if there
was an exclusion for southeast Denton. Mr. Hudspeth also stated he
had obtained a copy of the city's mission statement because he felt
there was an exclusionary provision that said everyone but those in
southeast Denton. Mr. Hudspeth felt the Council discriminated
against people of the lower economic class. Mr. Hudspeth showed a
video of the area of his property that was allowed to have water
drained on it which he asked the city to help him with, the pecan
tree he was trying to save, the area of the concrete plant, and the
area at the back of his property where there was a large amount of
trash including the carcass of a dead animal. Mr. Hudspeth
contended that none of the concerns were being addressed.
Council Member Brock commented that she had received a list of
recent code enforcement actions in southeast Denton, many as a
result of NICE meetings. Council Members Miller and Brock attended
the NICE meetings along with staff where reports were given on
citizen concerns from the previous meetings. Brock stated that the
city does not discriminate against southeast Denton and the NICE
meeting provided a regular interchange between city staff and
residents with complaints handled as quickly as possible. Council
Member Brock stated that Mr. Hudspeth's concern about drainage on
his property, which was located in a flood plain, had been listed
on the weekly list of citizen complaints provided to Council. She
also stated that a piece of equipment had been rented to work on
Mr. Hudspeth's drainage problem while the city equipment was being
repaired. Brock felt Mr. Hudspeth was accusing the Council of
racism which she felt was not based on fact. She also felt that
when he referred to discrimination being based on economics that
Mr. Hudspeth was implying that everyone in southeast Denton was
really poor which was not true. Brock stated that she had worked
with southeast Denton for many years for improvement to that part
of the community.
City Manager Harrell responded that equipment was rented to get
work done on the drainage problem which was on the work 1£~ w£~h
completion estimated at an approximate date. Concerning the
concrete plant, staff had worked with the company and received a
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pledge for plans to move the location that was causing the problem
noted by Mr. Hudspeth.
Frank Robbins, Executive Director for Planning & Community
Development, showed an overhead on the preliminary drainage study
submitted when the Tomas Rivera School development was started.
The drainage shed around the larger outside edge of the area was
the drainage shed where most of the water reached th~ area in
question where Mr. Hudspeth had his concern and was now building
his house. That was a 22 acre drainage shed. The magnitude of
runoff which flowed through the drainage shed and then into the
Wilson/Newton area was 58 cubic feet per second in a 10-year storm.
With the Tomas Rivera improvement on this property which included
catching most of the water in the drainage shed and piping it
underground around the school and then back into Pecan Creek to the
east, there was only three cubic feet per second going through the
area. The city felt the DISD had taken reasonable efforts based on
the projection of runoff.
Mr. Robbins stated he had talked with Mr. Hudspeth about tree
removal in the past. Mr. Robbins showed an overhead with the
driveway alternative outlined. Water collected in a cul de sac and
went down both sides of the street. There were three protected
trees removed with the plan for the alternate driveway. The pecan
tree was still in place and the driveway rerouted to avoid the
tree. The driveway was close, which was not good for the tree, but
the tree was still there.
Council Member Miller questioned whether it had been a challenge to
build the school in the area given all the issues discussed but the
intent of the DISD was to have the school in that area.
Mr. Robbins stated that it had been a challenge. He also stated
that when Council passed rezoning in the area it included an
amendment to the ordinance which stated that in the event any
protected trees were removed from the property they were to be
replaced with four canopy trees two inches in calliper to be
planted as approved by the Planning Department. The plan to
replant the trees had not been submitted by the DISD, but it was
anticipated that twelve more trees were to be planted to replace
the trees removed which he anticipated were to be on the side of
the school between Mr. Hudspeth's property and the school.
7. Public Requests
A. The Council considered approval of a resolution
temporarily closing Sherwood Street from its intersection with
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Mistywood Street to its intersection with Shadywood Street on
August 7, 1993.
Catherine Tuck, Administrative Assistant, stated that David Biles,
representing the neighborhood, had requested a street closing for
Sherwood Street from 12 noon to $ p.m. for an event from 1 p.m. to
6 p.m. on August 7. Council was provided a copy of signatures of
property owners in the area. Opposition had been resolved and the
barricades were to be manned so no property owner was denied
access.
The following resolution was considered:
No. R93-045
A RESOLUTION TEMPORARILY CLOSING SHERWOOD STREET FROM ITS
INTERSECTION WITH MISTYWOOD STREET TO ITS INTERSECTION WITH
SHADYWOOD STREET ON AUGUST 7, 1993; AND PROVIDING FOR AN
EFFECTIVE DATE.
Brock motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered an exemption to the noise
ordinance at 1207 W. Hickory for Vision Ministries until midnight
on August 12-14, 1993.
Catherine Tuck, Administrative Assistant, stated that Steve Johnson
from Vision Ministries was requesting the exemption to the noise
ordinance for three days in August for an outdoor concert. The
event was a benefit concert and an outreach effort in the Fry
Street area. Mr. Johnson was working with the Police Department
for security plans for the event but the plans were not finalized.
Mr. Johnson was unable to attend the meeting but had sent a
representative. Staff had received one call in opposition.
Mr. William Johnson, 424 Stroud Street, stated that there was a
change to the exemption request which was until midnight on
Thursday and only until 10:30 p.m. on Friday and Saturday. The
benefit was for 'food for Vision Ministries which was an outreach
organization in the community which assisted with food, education
and finances for Denton residents.
Council Member Miller questioned whether the event had all ready
been scheduled with the performers.
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Mr. Johnson stated that the performers had all ready planned to
perform on the three nights mentioned.
Council Member Miller questioned what the main purpose of holding
the function.
Mr. Johnson said the event was twofold purpose was to collect food
for Vision Ministries and to reach people in the Fry Street area
with alternative christian music which had a different message from
the normal bands on Fry Street.
Council Member Miller stated that he had received a call from a
citizen concerned that the event was a combination of booze and
religion. He questioned what the alcohol policy was or what was
anticipated.
Mr. Johnson stated he anticipated some drinking on Thursday night
and was not sure Friday and Saturday night once the Christian
message was established.
Council Member Miller questioned how many folks were anticipated to
be in attendance and was that what was being worked on with the
Police Department.
Ms. Tuck stated that one of the pieces of information that the
Police Department was interested in obtaining was an approximation
of number of people anticipated to attend. Vision Ministries was
instructed to speak with the Fire Marshal's office because of crowd
control issues and entrances and exits on some of the businesses to
make sure the area was kept clear.
Council Member Miller questioned how loud was Christian music.
Mr. Johnson stated that the music was the same as other bands only
with different lyrics and a different message.
Council Member Miller stated that the neighborhood was very
concerned about the amount of music in the area and disruption of
their peace and tranquility. He questioned if there was any way to
regulate the sound.
Mr. Johnson stated that the music was pretty loud. Since one band
was unable to start until 10 p.m. on Thursday, the request was made
for exemption until midnight. If Council was inclined to grant the
exemption only until 10:30 on Thursday, Vision Ministries was
appreciative.
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Council Member Smith stated she had spoken with a gentleman with
adult ministries at Denton Bible Church who explained the mission
of the Vision Ministries group. Smith questioned if they realized
that the Saturday requested was commencement.
Mr. Johnson stated that the people they were trying to reach were
from Denton and hung out on Fry Street.
Council Member Cott asked Mr. Johnson to describe the nature of the
relationship of Vision Ministries to the community.
Mr. Johnson stated that Vision Ministries was an outreach
organization for people down and out and was affiliated with Denton
Bible Church with an office located on the Square.
Council Member Cott stated that he had several calls from the
neighbors suggesting that the fewer interruptions to their life the
better.
Mr. Johnson stated that the event was not a Fry Street Fair but had
a goal to have a positive effect on the folks in the area and not
a rowdy affair.
Mayor Castleberry questioned if an exemption to 10:30 on all three
night was satisfactory.
Mr. Johnson stated that the request was still for midnight on
Thursday but an exemption to 10:30 was all right.
Council Member Smith asked if 10 p.m. was any more of a problem
than 10:30 p.m.
Mr. Johnson stated that the bands had specific 45 minute sets to
perform and was not sure what problems were encountered.
Margaret Johnston, 1115 W. Hickory, had filled out card stating she
was in opposition to the request for the noise exemption.
Council Member Miller motioned for approval of exemption to the
noise ordinance for August 12, 13, and 14 until 10:30 p.m., Chew
seconded.
Margaret Johnston, 115 W.Hickory, stated that she worked hard and
liked to rest in the evening which loud music does not allow. She
was not sure Mr. Johnson was too familiar with the Fry Street area.
It was in the best on condition it had been in the last 17 years
thanks to city officials and the Police Department. Ms. Johnston
stated she was not against preaching but loud music was loud music.
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She stated she thought that the meeting place was inappropriate,
and their ministry work could be done at their own facility. She
stated that no way the event occurred without more beer sales
because it was in the backyard of four taverns. An extension until
10 p.m. was more acceptable than midnight. Ms. Johnston stated
that she thought an ordinance which prohibited loud music on vacant
lots or parking lots was needed. She also stated a concern of
where patrons parked when the concert was on the parking lot.
Mayor Castleberry questioned if the motion for the extension until
10:30 p.m. was acceptable.
Ms. Johnston stated that she accepted a 10:30 p.m. extension if the
music stopped then and the crowd dispersed.
Mayor Castleberry called for a vote on the motion for an exemption
to the noise ordinance until 10:30 p.m. on August 12, 13, and 14.
On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "nay",
Chew "aye", and Mayor Castleberry "aye". Motion carried on a vote
of 4-2.
8. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance rezoning a 1.419 acre tract from Single Family - 7
to the Planned Development Zoning district and approving a detailed
plan with designated uses for duplex and single-family uses. The
1.419 acre lot is located at the northeast corner of Frame and
Uland Streets. Z-93-012 (The Planning and Zoning Commission
recommends approval with a condition.)
Frank Robbins, Executive Director for Planning, stated that the
request was for zoning from $F7 to PD for four single family units
and six duplex units for a total of twelve duplexes. There was a
fairly substantial area of common open space in the north and
northeast side of the property as shown on the detailed plan.
There was a substantial intensity violation with the proposal. The
D~nton D~v~lopm~nt Plan allocated six units per acre. The proposal
was for 11.97 units per acre. The Denton Development Plan study
area that the property was located in was 111% over allocated.
There was a tremendous amount of contact with the neighborhood by
staff and the proposed developer to see how the neighbors felt
about the proposed plan. The Council back up provided a positive
~eeling from the neighborhood for the proposal. The Planning &
Zoning Commission recommended approval based on the housing
diversity policy and the provision of low and moderate income
housing in the area.
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The Mayor opened the public hearing.
John C. Johnson, 2905 Pennsylvania Drive, owner of the project,
stated that this was the first opportunity in over 100 years to do
something useful and productive with the land. Mr. Johnson was the
first buyer of the property from the original estate since 1889.
During the 100 years, only two small frame houses were built on the
front corners of the land and nothing else was done. The land was
level, had no drainage problems, and had utilities. Mr. Johnson
stated that he chose to use the land as productively as permitted
to help with the continuing shortage of moderate income housing
which was the market he continued to try to serve. Mr. Johnson
complimented city staff, Mr. Harrell, and Mr. Jefferson for their
assistance.
Council Member Smith complimented Mr. Johnson on his projects for
low to moderate income housing.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Brock commended Mr. Johnson's and staff's work with
neighbors which had been exemplary.
The following ordinance was considered:
No. 93-133
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM SINGLE FAMILY - 7 (SF-7) TO PLANNED DEVELOPMENT
(PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
1.419 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF FRAME
AND ULAND STREETS; PROVIDING FOR APPROVAL OF A DETAILED PLAN
FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council held a public hearing to consider the
preliminary and final replats of Lots 20 and 21, Block 35,
Southridge East (Phase One) Subdivision; into Lot 20R, Block 35,
The .459 acre tract is located on the south side of Gatewood Drive,
between Ticonderoga and Lafayette Drives. (The Planning and Zoning
Commission recommends approval.)
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Page 23
Frank Robbins, Executive Director for Planning, stated that the
public hearing was for a combination of two lots into one lot. The
city was required by state law to hold a public hearing for
residential replats. Utilities were in place, and the Planning and
Zoning Commission recommended approval.
The Mayor opened the public hearing.
No on spoke in favor.
No one spoke in opposition.
Brock motioned, Smith seconded approval of the replat. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council held a public hearing on the proposed
annexation of 23.25 acres located north of and abutting Ryan Road
on Forrestridge Drive. A-62
Frank Robbins, Executive Director for Planning, stated that the
annexation was the next step in the process started in July. The
purpose of the public hearing was to take input on the service plan
and the annexation. The petition for annexation was a continuation
of the Estates of Forrestridge Development.
The Mayor opened the public hearing.
Buddy Roberts, Daltech Engineering, Dallas, spoke representing the
owners of the property, Lodge Construction Company. The intention
of the owners was to move forward with the same type of quality
housing development as was all ready present in Forrestridge and
asked for favorable consideration to the annexation request.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Miller stated that the city had the right to annex
property without people's permission, but in the case being
considered, the city was petitioned by owner of the land in order
to avail themselves of city services.
9. Consent Agenda
Council Member Cott requested Bid #1522 pulled for further
consideration.
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Page 24
Council Member Cott stated that his principle concern was to assure
that the historic accuracy was addressed.
Tom Shaw, Purchasing Agent, stated that the bid was for renovation
of City Hall and Civic Center Park sidewalks. The project was
started approximately six years ago as far as trying to determine
what to do with the brick sidewalk. The sidewalk had been a
liability concern because the city was unable to keep it properly
maintained and accident free. After talking to several contractors
over a period of time, the city was lead to believe that the
reusing of existing brick was far more expensive than replacing
with a concrete paver. When funds became available for improvement
of the area, bids were sent out for concrete pavers. After bids
were circulated, a citizens' group expressed their concern for
aesthetic and historical value of the building and the area. An
addendum to the bid was sent out with an option to reuse the old
bricks and the purchasing of new brick pavers versus new concrete
pavers. The tabulation sheet indicated that the base bid for
concrete pavers was $26,700 with a deduct for city removal of old
brick. The alternate #2 to reuse the old bricks was $16,900 and
alternate #3 to use new brick pavers was $29,700. There was
considerable discussion between using the concrete paver and
utilization of the old brick. When taking into consideration the
first three factors which the initial bid was based on, liability,
maintenance, and cost, the city leaned toward the concrete pavers.
After discussions with the contractor concerning width of brick,
possible tilting of brick, the fact the brick was not designed to
be a sidewalk at the time, reuse of the old brick was the best
option. The low bidder assured that the plan and design the city
had in mind gave the city a satisfactory, low liability, low cost
sidewalk. The contractor's estimate was that there was 15-20%
damaged brick or unusable brick which needed to be replaced. A
representative from Acme Brick assured the city that a comparable
brick had been located in Oklahoma. The intent of the contractor
was to scatter the brick throughout the project so that a cut line
was not visible.
Council Member COtt commended staff for their efforts. With the
highlighting of the Ford Complex, the city needed to be cognizant
of every factor.
Council Member Cott agreed to return Bid #1522 to the consent
agenda.
Miller motioned, Smith seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
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City of Denton City Council Minutes
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Page 25
A. Bids and Purchase Orders:
4.
5.
6.
7.
Bid #1520 - Demolition
Bid #1522 - Civic Center Park-City Hall Sidewalk
Renovation
Bid #1512 - Water Meters
Bid #1519 - Automotive Filters
Bid #1524 - Asphalt Road Materials
Bid #1525 - Wire, Cable, Conduit
P.O. #35879 - J & M Equipment
B. Plats and Replats
1. The Council considered the preliminary replat of Lot
1, Block A of the Denton Square Shopping Center into Lots 1R and
2R, Block A. The 9.5079 acre tract is located at the northwest
corner of I35-E and Teasley Lane. (The Planning and Zoning
commission recommends approval.)
10. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (9.A.3. - Bid #1512, 9.A.4. - Bid
#1519, 9.A.5. - Bid #1524, 9.A.6. - Bid #1525)
The following ordinance was considered:
No. 93-134
AN ORDINANCE ACCEPTING A COMPETITIVE BIDS 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, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (9.A.1. - Bid #1520, 9.A.2. - Bid
#1522)
The following ordinance was considered:
NO. 93-135
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City of Denton City Council Minutes
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Page 26
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Brock motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance providing
for the expenditure of funds for emergency purchases of materials,
equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of
competitive bids. (9.A.7. - P.O. #35879)
The following ordinance was considered:
No. 93-136
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye,, Chew
"aye", and Mayor Castleberr¥ "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance
authorizing an amendment to the contract with Freese and Nichols
for preliminary design work on the southern extension of the runway
at the Denton Municipal Airport.
Deputy City Manager Svehla stated that the ordinance allowed for
the preliminary engineering design for the southern extension of
runway at the airport allowing the runway to be extended to 6000
feet. The city had been successful in purchasing most of the land
needed for the extension. Cost for a small additional piece of
land, staff time, as well as the cost of the engineering contracts
was eligible for reimbursement or for the city's portion of the FAA
grant for the extension. The total amendment to the contract was
some $71,000, and staff suggested the city spend $37,500 for the
actual preliminary design. After that was finished, the city
competed for the grant before continuing on with the final
engineering. Total cost of the extension was estimated at $1.2 to
$1.5 million with a 90/10 split with the FAA. The cost of the
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City of Denton City Council Minutes
August 3, 1993
Page 27
contract and the city's in-kind services applied to the city's 10%
match.
Council Member Brock questioned if in the initial expenditure was
there any cost sharing.
Mr. Svehla stated that the initial $37,000 was eligible for our 10%
match. The city was doing all of the surveying on the southern
area which also counted as part of the city's 10% match.
The following ordinance was considered:
No. 93-137
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER
THREE TO THE AGREEMENT WITH THE CITY OF DENTON AND FREESE AND
NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR
IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; 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", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance approving
an interruptable natural gas sales and purchase agreement between
the City of Denton and Taurus Corporation for the purchase of spot
market natural gas. (The Public Utilities Board recommends
approval.)
Jim Harder, Director of Electric Utilities, stated that the next
two ordinances were for the spot purchase program. Approximately
eighteen months ago, the city was searching for ways to avail
themselves of the spot market where gas was purchased on a spot
purchase which complied with state purchasing regulations.
Approximately one year ago, the city entered into a program
patterned after the city of Austin in which the city entered into
yearly contracts that were cancelable at any time. Five different
gas companies participated with the city at that time. The city
established a contract with the companies and then on a monthly
basis solicited spot purchases from them and selected the lowest
bid given to the city. The program had been very successful. A
couple of months ago, the city solicited additional gas companies
to participate in the spot market purchase contract program. The
two contracts presented were for two more companies willing to
participate in the program. Mr. Harder stated that several
thousand dollars had been saved on the spot market program.
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August 3, 1993 - r
Page 28 ~
Council Member Cott q~estioned whether the city must buy in Texas.
Mr. Harder stated that there was no limitation to where city could
buy. Presently, the city's limitation was who transported for the
city. In a future CIP, the city was looking at possibly building
a gas pipeline out to another interstate pipeline to allow the city
to avail itself of the interstate market.
The following ordinance was considered:
No. 93-138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE
AGREEMENT BETWEEN THE CITY OF DENTON AND TAURUS ENERGY
CORPORATION FOR THE PURCHASE OF SPOT MARKET NATURAL GAS;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Cott motioned, Chew seconded to adopt the ordinance. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", and
Mayor Castleberry "aye". Motion carried' unanimously.
F. The Council considered adoption of an ordinance approving
an interruptable natural gas sales and purchase agreement between
the City of Denton and Highland Corporation for the purchase of
spot market natural gas. (The Public Utilities Board recommends
approval.)
The following ordinance was considered:
NO. 93-139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE
AGREEMENT BETWEEN THE CITY OF DENTON AND HIGHLAND ENERGY
COMPANY FOR THE PURCHASE OF SPOT MARKET NATURAL GAS;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye'.', Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
G. The Council considered adoption of an ordinance amending
Chapter 2 of the Code of Ordinances of the City of Denton relating
tO "administration" by revising Article III entitled Boards,
Commissions and Committees by amending Section 2-61 entitled
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City of Denton City Council Minutes
August 3, 1993
Page 29
"requirements generally"; and adding Section 2-65 providing for a
limitation for terms of office for boards and commissions; and
amending Ordinance No. 93-073 concerning rules of procedure for the
City Council by revising Section 8.3 (d) relating to appointments
and length of service on committees, boards and commissions; and
providing for savings clause.
Debra Drayovitch, City Attorney, stated that the ordinance set
forth the intention of the Council. The ordinance provided for
deletion of the requirement that a board or commission member not
be in arrears to the city. The ordinance also provided for
limitation for terms of office for board and commission members
which was identical to that of the term limitations that the City
Charter contained for City Council members. The ordinance also
provided some clean up of rules of procedures.
Mayor Castleberry stated that the other things that applied to the
City Council concerning term limit, coming back to run again, etc.
were incorporated into the ordinance.
The following ordinance was considered:
NO. 93-140
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON RELATING TO "ADMINISTRATION" BY REVISING
ARTICLE III ENTITLED BOARDS, COMMISSIONS AND COMMITTEES BY
AMENDING SECTION 2-61 ENTITLED "REQUIREMENTS GENERALLY";
ADDING SECTION 2-65 PROVIDING FOR A LIMITATION OF TERMS OF
OFFICE FOR BOARDS AND COMMISSIONS; AND AMENDING ORDINANCE NO.
93-073 CONCERNING RULES OF PROCEDURE FOR THE CITY COUNCIL BY
REVISING SECTION 8.3 (d) RELATING TO APPOINTMENTS AND LENGTH
OF SERVICE ON COMMITTEES, BOARDS AND COMMISSIONS; PROVIDING
FOR A SAVINGS CLAUSE; 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", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
11. The Council received nominations for members and a chairperson
of a Special Citizens Advisory Committee to study a possible sales
tax to reduce property tax.
City Manager Harrell stated that the item followed the schedule
adopted by Council. The formal nomination by each Council Member
of two individuals to serve on the task force were made with the
actual appointment to be voted on next week at the formal Council
meeting.
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Council Member Smith nominated Barbara Philips and Bill Patterson.
Council Member Chew nominated Dr. William "Bill" Luker and the Rev.
Alton L. Donsbach.
Council Member Miller nominated Joe Alford and Byron Hart.
Council Member Cott nominated Bill Utter Sr. and Roy Metzler.
Council Member Brock nominated Dr John Ellis Price and Ellen
Schertz.
Mayor Castleberry nominated Tom Sass and Dr. Derrell Bulls.
Council Member Perry submitted his nomination of Nell Durrance and
Dorothy Damico in a memorandum.
Mayor Pro Tem Smith nominated Tom Harpool for chair of the
committee.
At 9:00 p.m. the Council had a short recess.
At 9:15 p.m. the meeting was called back to order. Council Members
Chew and Cott were absent.
12. The Council considered an appointment of an ex-officio member
to the Downtown Development Advisory Board.
City Manager Harrell stated that an ex-officio seat was provided
and that the person was recommended by the Downtown Development
Advisory Board and approved by the City Council. Mr. Mike Bates
was recommended by the Board for the seat.
Smith motioned, Miller seconded to approve the appointment of Mike
Bates as an ex-officio member of the Downtown Development Advisory
Board. On roll vote, Brock "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Council Members Chew and Cott rejoined the meeting.
13. The Council received submission of the effective tax rate and
rollback tax rate.
Harlan Jefferson, Director of Treasury Operations, stated that the
State Property Tax Code required that three tax rates be submitted
annually to Council. These tax rates were the effectiv~ r~t~, the
notice-and-hearing limit tax rate, and the rollback tax rate.
Additionally, the law required that the rates be published in the
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Page 31
local newspaper which was to be done in the Sunday edition. The
effective tax rate which was the tax which produced the same income
in the upcoming fiscal year as brought in during the current fiscal
year when applied to the same property. That tax rate was 74.9¢
per $100 valuation. The notice-and-hearing limit was the threshold
which if the city exceeded, the city was required to adhere to
several mandatory notices and a hearing on the tax rate. That rate
was 3% above the effective tax rate, 77.14¢ per $100 valuation.
The rollback tax rate was the highest rate the city could set the
tax rate without being subject to a rollback by the taxpayers.
That rate was 80.68¢ per $100 valuation.
14. The Council received submission of the certified collection
rate.
Mr. Jefferson stated that part of state property tax code required
staff to submit the collection rate which was used to calculate the
effective tax rate as well as the rollback rate. During the 91/92
fiscal year, the city collected 97.71% of the current year taxes.
During the current fiscal year of 92/93 through July, the city
collected 94.42% of the current year tax rate. The city also took
into consideration the delinquent tax rate, the rollback tax rate
and penalty and interest in calculating the collection rate, the
effective rate and the rollback rate.
15. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. The Council received a recommendation from the '91
Committee.
Rick Svehla, Deputy City Manager, stated that the '91 committee met
on July 26 to consider using presold or existing bond funds to
continue with CIP programs for the coming years. The city had
previously sold and had available approximately $1.3 million worth
of street bonds. The Council reviewed the approach of using those
bonds to continue on with the street portion of the Capital
Improvement Program for the next two years. The '91 Committee
reviewed that idea and recommended that the city use the existing,
available bonds to do all of the street projects in the 93/94 CIP
and use whatever portions were left to do street construction from
the 94/95 CIP. The '91 Committee discussed procedure. Staff was
to bring a list for each of the categories included such as
signals, reconstruction of street, etc. and the '91 Committee then
recommended to Council for the categories not all ready delineated.
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B. The Council received a report regarding the City's Anti-
substance Abuse and Rehabilitation Policy (#108.12), Drug and
Alcohol Free Workplace Policy (#108.11), and drug screening
procedures and practices.
Tom Klinck, Director of Human Resources, stated that the city's
Anti-Substance Abuse and Rehabilitation Policy, Drug and Alcohol
Free Workplace Policy and the drug screening procedures and
practices grew out of request from managers and supervisors in the
field who were concerned about the safety of other employees and
citizens. Approximately, ten to fifteen policies from all over the
nation and Texas were reviewed and studied. The first policy was
drafted in June of 1988. After extensive review and revisions
over two and one half years by employees, management and the Legal
Department, City Council conducted two study sessions on the whole
issue. Council authorized the resolutions and policies for July
1991 implementation.
Mr. Klinck stated that extensive training of managers and
supervisors was conducted. Policies and procedures were
communicated to all employees at staff meetings. He also stated a
great deal of time was spent communicating and advertising the
policy in the city's recruitment activities to ensure the public
was informed. Communication and advertising efforts were still in
place.
Mr. Klinck stated that the Drug and Alcohol Free Workplace Policy
provided employees a workplace free from problems of use and abuse
of drugs and alcohol. The policy stated that employees could have
no controlled substances in the work environment, no alcohol on
city property or while employees were performing their job duties,
and if an employee was convicted, the employee must notify the city
within five days. The policy primarily complied with federal law
to ensure the city continued to receive federal funds.
Mr Klinck stated that the Anti-Substance Abuse and Rehabilitation
Policy was named that to reflect policy of the organization that
substance and alcohol abuse was a serious problem in our society
and that termination of an employee without rehabilitation was not
solving the problem. The key policy statements were that employees
were prohibited from manufacturing, using, possessing, selling,
distributing, consuming and transporting any controlled substance
or alcoholic beverage on city property when conducting business or
performing a job duty or responsibility and could not be under the
influence while performing job duties. An applicant that was
shown to misuse drugs and alcohol or had that tendency was denied
employment. An employee who developed an abuse or dependency was
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assisted with rehabilitation but was not excused from disciplinary
action if warranted.
Mr. Klinck stated that the procedure part of the policies was the
drug screening program. The city followed the National Institute
of Drug Abuse recommendations that related to the collection using
a certified facility. The certified facility had very specific
procedures for collecting and sealing the sample which ensured the
integrity of the sample. Mr. Klinck stated the type of test used
by the city was an initial screening test that determined if there
was a detectable level of a substance and then a confirmatory test
if there was a detectable level to establish exactly what level for
various kinds of categories existed. The city used established
cutoff levels that were recommended by the NADA and the medical
profession. The city was not required under federal law to comply
with that guideline, but the city followed that guideline. Federal
law required that a medical review officer communicate positive
test results, but the city was not required to follow that standard
so the city communicated results on its own because of the expense
of a medical review officer.
Mr. Klinck stated that applicants had to pass a drug screen a~ a
condition of final employment; and if the applicant had a positive
result, they were denied employment. After six months, an
applicant could reapply. For employees, the procedure had three
levels for testing which were reasonable suspicion, post-accident
which resulted in property damage of $1,000 or more, or promotion
to a safety sensitive position. If the employee tested positive,
the employee was subject the disciplinary action and a mandatory
Employee Assistance Program referral.
Between July of 1991 and July 1993, the city had conducted
approximately 670 drug and alcohol screens with 97% negative
results and 3% positive which translated to about fifteen
applicants rejected for employment and nine employees who received
some form of disciplinary action and an EAP referral. Klinck
stated that there were number of success stories with employees who
were identified as users who had gone through a rehabilitation
program and transitioned back into productive roles in the
organization. Mr. Klinck stated that advertising the city as a
drug and alcohol free employer discouraged applicants which were
users.
Council Member Chew asked how the city addressed retesting.
Mr. Klinck stated that if an employee tested positive, the employee
was given an opportunity to explain the possible reason for
positive testing. An option for an employee included that they
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City of Denton City Council Minutes
August 3, 1993
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could request a retest of the original sample within 10 days and
they could provide a second specimen at the same time and have that
tested separately. When the employee tested positive on the first
test and negative second, the city procedures were to discuss that
with the employee and obtain an explanation. If there were no
explanation, the benefit of the doubt was given to the employee.
Mr. Klinck stated that toxicologist stated that there was a small
problem with poppy seeds. The problem was that if the applicant or
employee tested positive, the city had no way of knowing if it was
poppy seeds or something else so the city required some reasonable
explanation.
Council Member Chew questioned if our policy was no different than
that in Fort Worth and other cities.
Mr. Klinck stated that the Fort Worth policy had some minor
differences and they actually performed random testing on current
employees. Denton's procedure was the same as Fort Worth. Mr.
Klinck stated that his department had surveyed Fort Worth, Plano,
DeSoto, and Carrollton concerning the policies and procedures.
There were minor differences in the policies but basically the
approaches were identical and procedures were the same.
Council Member Miller asked if the retest procedure was the same
for applicants as for employees.
Mr. Klinck stated that the city does not provide a retest option
for applicants.
Council Member Miller asked that if in the case that was publicized
had we provided a retest.
Mr. Klinck stated that the city provided a retest as an
accommodation to the applicant.
Council Member Miller stated that because of confidentiality to the
applicant the tests could not be discussed with the media but the
applicant could.
Mr. Klinck stated that the news report was not accurate in terms of
what they reported.
C. Howard Martin reported that the elevation level of Lake
Ray Roberts was at the required point to complete repair of rip
rap. The level was to be maintained during the repair project.
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D. Mr. Svehla reported that the Teasley Lane utility
relocation portion of the project was essentially completed.
E. Firefighters were moving into Fire Station #6 shortly.
Mr. Harrell suggested Saturday, September 11, for a dedication date
which was to be a combination dedication of the fire station and
reception for retired Council Member Hopkins.
Council Member Brock requested that the time of the dedication be
late afternoon.
16. New Business
The following items of New Business were discussed:
A. Council Member Smith announced the Council was cleaning
their Adopt-A-Spot Saturday morning at 8:30.
B. Council Member Smith asked if any Council Member were
attending the TML quarterly meeting in Benbrook on August 26.
Council Member Miller stated that he was planning to attend.
C. Council Member Miller questioned if the Fair Association
Task Force had been deferred.
The Mayor stated that it had.
D. Council Member Miller stated that while in Washington
D.C. earlier in the week he had visited Representative Sarpalius'
office. Representative Sarpalius was looking forward to his visit
to Denton and asked about the picture.
E. Council Member Brock stated that at the O'Neil Ford
symposium a suggestion was made that it was appropriate for Denton
to have an annual conference on urban design named after O'Neil
Ford targeted for small cities possibly as part of our visioning
program.
F. Council Member Brock questioned what was the target date
for televising of Council meetings.
Mr. Harrell stated that bids were out and were soon coming to
Council for approval.
G. Council Member Brock stated that several Council Members
had asked to be notified of the sum of delinquent tax accounts
turned over to the firm for collection.
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H. Council Member Brock reiterated her request for a report
of the city's use recycled paper and double sided printing.
17. The Council convened into Executive Session to discuss legal
matters (considered action in Texas Waste Manaqement v. City), real
estate (considered acquisition of property for the city's
landfill), and personnel/board appointments.
No official action was taken.
With the further business, the meeting was adjourned.
BET~Y WIllIAMS
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
BOB CASTLEBERRY, MAYO/~ ~
CITY OF DENTON, TEXA~
/
ACC00137