Minutes May 17, 1994199
CITY OF DENTON CITY COUNCIL MINUTES
May 17, 1994
The Council convened into the Executive Session on Tuesday, May 17,
1994 at 5:15 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. The Council convened into Executive Session to discuss the
following:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered demand for settlement in the claim of
Sor, et al.
2. Considered settlement in Ervin and Gibson vs. City
of Denton.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
1. Discussion regarding property acquisition on Foster
Road and Mayhill Road.
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into the Work Session on Tuesday, May 17, 1994
at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. The Council received a report, held a discussion and gave
staff direction regarding the hiring and employment of the part-
time municipal judge.
Tom Klinck, Director for Human Resources, stated a survey had been
completed regarding the salary ranges for part-time municipal
judges. Based on that information, staff was suggesting a salary
range of a Grade 10 and indicated the regular benefits that a part-
time employee would receive.
Mayor Castleberry asked Klinck to list the recommendations.
Klinck replied that Grade 10 would be a minimum salary of $15.43
per hour, the midpoint salary would be $19.29 per hour and the
maximum salary would be $23.15 per hour. The benefits which a
2OO
City of Denton City Council Minutes
May 17, 1994
Page 2
part-time employee received included half of the group health
insurance rate, participation in TMRS, social security, life
insurance, a health risk assessment, 5 hours per month for
vacation, 4 hours per month for sick leave and 9 holidays paid at
half-time. The salary range would allow the Council to hire at the
$17 per hour which would be a good attractive salary.
Mayor Castleberry stated that the survey indicated that most of the
part-time judges were contracted with no benefits.
Klinck replied correct. If the Council chose to appoint this
position, it would be like the other Council employees.
Cott motioned, Smith seconded to follow the recommendation
suggested by Mr. Klinck assigning the position a Grade 10 with
similar benefits as other permanent part-time employees.
Counci~ Member Miller asked if this recommendation would be for the
present situation or when the Court of Record was implemented.
Klinck replied that it was budgeted for the Court of Record.
Council Member Miller stated that there were still other items to
consider for the Court of Record.
Council Member Perry felt as there was more work to do on this
issue, it might be better to wait until all the issues were
completed and consider them together.
Council Member Smith stated that Klinck had established the
parameters for the salary and other benefits. If Council approved
this recommendation, it would not affect the other issues to
consider.
Council Member Miller stated that other issues to be considered
included educational courses, attendance at seminars, etc.
Klinck stated that his staff had investigated those issues which
were related to the Human Resources area of salary and benefits.
Judge White did do some survey work on budgetary items for other
areas.
City Manager Harrell stated that the Human Resources staff was
directed to survey other competing cities to determine the salary
information for Council in order to set a compensation rate. Staff
was not investigating the other items Judge White discussed
concerning the part-time municipal judge.
201
City of Denton City Council Minutes
May 17, 1994
Page 3
Klinck stated that there was a certain amount of lead time
necessary to recruit for the position. Time would be needed to do
the advertising, receive and evaluate the applications. A job
offer could be made to an individual contingent upon the
implementation of the Court of Record.
Council Member Miller stated that there were a number of other
items which needed to be done before establishing the Court of
Record. There was a need to know all the details of what was
involved.
Mayor Castleberry stated that his understanding was that all items
would be completed but that this was the first step of those items.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
2. The Council received a report and held a discussion regarding
the implementation of a water utility community awards program.
Lee Allison, Director of Water Utilities, stated that one of the
major issues facing municipalities was unfunded mandates. Those
mandates included public education, enforcement programs, and
monitoring programs. Denton was not under any of those mandates at
this time. Staff felt it would be a good idea to try and stimulate
the community to help solve these problems in a positive manner
through a civic awards program. Recognition would be given in the
form of a certificate for advancing public education regarding
water environmental issues. For example, a bank might offer low
interest loans to homeowners who would replace older sanitary sewer
lines and the city could use its camera equipment to determine what
repairs needed to be made. Awards could be given to clubs
regarding water conservation programs. There would be no cost to
the City at this time for this program. Certificates would be
issued all year round for such programs. Between March and May
programs could be selected some for higher awards. If Council was
interested in the idea, staff would write a full program for
Council consideration.
Consensus of Council was to proceed with the development of the
program.
3. The Council received a report, held a discussion and gave
staff direction regarding an Infrastructure Financing Policy.
Lee Allison, Director of Water Utilities, stated that there were no
significant changes proposed to the policy. One difficulty had
202
City of Denton City Council Minutes
May 17, 1994
Page 4
been discovered when the program was used in the past. The way the
policy was written required the City to advertise for bids for the
project. Since this was the developers project, the developer had
the opportunity to award the contract to anyone he desired, not
necessarily one of the bidders. The revised language would allow
the City staff professional engineer to determine an estimate of
what the City cap in participation would be as opposed to using
actual bid items. Another clause had been added for a rewiew of
the program every five years.
Council Member Smith asked if the Legal Department had worked
through the issue.
Allison replied yes except for the sunset clause.
Council Member Cott suggested that there be enough funds added to
market this properly. The program needed presentation in order to
promote it.
Allison stated that the funding of the program was through the
economic development program.
Consensus of the Council was to proceed with the program.
4. The Council held a continuation of discussion regarding the
Community Development Advisory Committee and Human Services
Committee recommendations.
City Manager Harrell stated that the Council would need to take
formal action by resolution the first meeting in June regarding the
community Development Block Grant items and the HOME items. Human
services funding from the general fund would be made during budget
deliberations. If, following the discussion, Council was ready to
give direction to form the resolution on the block grant money,
staff would prepare the document. If not, the item could carry
over to the next meeting on the 24th of May.
Barbara Ross, Community Development Coordinator, stated that the
back-up materials included a rank ordering of the Council's
priorities and a list of every request which came to the Community
Development Advisory Committee.
Council Member Smith stated that it had been indicated that the
Legion Building could be used by senior citizens for their crafts.
She questioned if the building would be used for other activities.
Rich Dlugas, Director of Parks and Recreation, stated that the
Seniors had asked staff to look into the possibility of renovating
2O3
City of Denton City Council Minutes
May 17, 1994
Page 5
the Legion Building. Currently they were using one of multi-
purpose rooms for their crafts. They had not been able to leave
those crafts out for completion as the room was used for other
activities as well. The Seniors had requested an area in which
crafts could be kept out for completion. The proposal would be to
initially use the building primarily by the seniors. A building
attendant would open the building and senior volunteers woul4 be in
charge of the operation of the building. Eventually summer camps
at Fred Moore Park might be a use for the building as well.
Council Member Smith asked if there other events at the building
now.
Dlugas replied that the building was unoccupied at this time and
was in a state of disrepair. He felt it would be good to reopen
the building for citizen use.
Mayor Castleberry asked about the number of Seniors who would use
the building.
Dlugas replied approximately 30-40 on a regular basis.
Mayor Castleberry asked if this would be a duplication of the
efforts at the Senior Center.
Dlugas replied that some of the events at the Senior Center would
be the type of activities which would occur at the Legion Building.
Mayor Castleberry felt that this would be duplicate uses of the
Senior Center and of the Martin Luther King, Jr. Center.
Dlugas replied that the Seniors were indicating that this would be
a location closer for the residents to use. Staff would use a
building attendant to open the building and no additional staff
would be used on a regular basis. The Seniors would monitor the
building.
Mayor Castleberry felt that this appeared to be a duplication of
efforts and did not encourage all seniors within the City to be a
part of the Senior Center on Bell Avenue. There were costs
involved with the proposal which may not be necessary to spend.
There was already a facility for the Seniors.
Council Member Chew did not feel that this would be a duplication
of efforts due to the fact that some Seniors in the area did not
have transportation to the Senior Center. The building would De
well used by the Seniors in the area. In regards to the cost of
operation and maintenance, it was estimated that $5-7000 per year
204
City of Denton City Council Minutes
May 17, 1994
Page 6
would be needed for utilities, etc. The City spent more than that
in other areas such as the Greater Denton Arts Council and Theater.
He felt that this would be a good situation which would stabilize
the community and would give a presence for the Police Department
in the area. There were many positive aspects for the project.
Council Member Perry stated that he had discussed the proposal with
Seniors and felt it would be a wise use of resources. The Seniors
would have a permanent place for their crafts where they would not
be disturbed. He felt that the Committee had thought through the
staffing and operation of the facility. The COPS program would be
able to be expanded in the area with this facility.
Mayor Pro Tem Brock stated that she was in favor of renovating the
Legion and making it a permanent part of the community. She was
concerned about a police substation in the building if it meant a
withdrawal from the Phoenix Apartments. A substation there would
help with some of the problems of loitering and other events at the
park. She was also concerned about designating the building as a
senior center. There might be a problem later designating other
activities. There were other groups who would like a place in the
community for a meeting place and the building might be available
for more than just the Police Department and the Seniors. It could
be a more informal meeting place for community groups.
Mayor Castleberry stated that the MLK Center was not being fully
utilized especially during mid-morning and mid-afternoon. There
were times when the full-time employees did not have anything to
do. MLK was a very expensive and extensive center and felt that
this would be a duplication of effort. He was concerned about what
the operation and maintenance costs might be in the future. He
felt this proposal was not stressing .the importance of meeting
together and did not want to promote separate facilities.
Council Member Cott suggested that older individuals did not have
the patience to be with younger people for a good part of the day.
This would be good for older citizens to know that they would have
a quiet place to go.
Mayor Pro Tem Brock stated if the funds were used for the
renovation, it would be block grant funds which were designed to be
used for low income projects. The MLK Center was also built
partially from low income funding. On the surface this might
appear to be resegregation but that was not really the point. The
point was access for individuals who did not have readily available
transportation. There was a difference between an individual
choosing to go to a facility in his neighborhood and being told
that he could not go to a different facility.
2O5
City of Denton City Council Minutes
May 17, 1994
Page 7
Mayor Castleberry stated that he was aware of what the block grant
funds were for and that they could be used for other projects. He
was not against the centers but did not want to duplicate services.
Council Member Miller stated that the idea came from the community
during the public hearing process. He asked the Chief of Police to
address the situation of the COPS program.
Mike Jez, Chief of Police, stated that community offices were
placed in locations at the request of the neighborhoods. Through
a process of consulting with neighborhood residents, it was
determined where the best location would be for the community
office. It was necessary to continually reevaluate the
effectiveness of the community centers. The dynamics and
characteristics of a neighborhood might change from time to time.
Where an office was creditable at one particular given time, it
might not be creditable in that same location five years later.
Staff would go back to the neighborhood and consult with them
regarding where they could best be served. There had been a number
of problems in prior years with rentals of the Legion facility due
to less than desirable groups renting the facility. This proposal
would ensure that that did not occur.
Council Member Perry asked if the residents desired to continue a
program at both locations, could that be done.
Jez replied that that would be an option to consider. It must be
kept in mind that the community offices were not staffed 24 hours
a day with police officers. The officers relied very heavily on
citizen involvement with those offices. Periodically an evaluation
must be done regarding the effectiveness of those offices and the
utilization of those offices. When it was found that an office was
not being effectively utilized by the police and/or the citizens,
then it should be considered to close that office. It was not
necessary to continue them indefinitely because they were effective
at one time.
Council Member Smith stated that if the building were renovated and
prepared for the two purposes indicated, it would be up to the
residents whether the police unit would move.
Jez replied that there had not been any commitment to move at this
time.
~Due to a time constraint, this item was continued during the
Regular Session under Miscellaneous Matters from the City Manager.
206
City of Denton City Council Minutes
May 17, 1994
Page 8
The Council convened into the Regular Meeting on Tuesday, May 17,
1994 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Session of March 19, 1994.
Perry motioned, Smith seconded to approve the minutes.
Council Member Cott stated that on page 19 there was a comment
which was not really what he intended to say. Me would like to
substitute wording for what was indicated in the minutes. The
minutes indicated "Most organizations going to a bank to grow did
not say that they would tell the bank over the next 10 years how
much they wanted to borrow" and he would like to substitute "Any
organization that wanted to grow had to tell the bank what its
plans were up front and how much money it would need. The bank
would then determine whether it had the assets to be able to borrow
as much as it wanted."
Mayor Castleberry asked if this was a correction of the minutes or
an addition to the minutes.
Council Member Cott stated that it would be a changing of the words
he used in the minutes.
City Attorney Drayovitch stated that if it were the desire of the
Council, a motion would be in order to add that clarification to
the minutes and to reflect such in the minutes. In that way, the
integrity of the minutes would not be disturbed but would be a
clarification.
Council Member Perry and Smith agreed to that clarification in
their motion and second.
Council Member Miller asked for a correction on page 20, third
paragraph to change the word "would" to "should".
207
City of Denton city Council Minutes
May 17, 1994
Page 9
Council Member Perry and Smith agreed to that correction in their
motion and second.
On roll vote of the motion with the addition and correction, Brock
"aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
3. Citizen Reports
A. The Council was to receive a citizen report from Mike
Udell regarding pet overpopulation.
Mr. Udell was not present at the meeting.
Mayor Castleberry presented Keep Denton Beautiful Awards to
Blockbuster Video, Bob and Gay Pugh, and Carol and Martha Goen for
May 1994.
4. citizen Requests
A. The Council considered approval of a resolution
temporarily closing North Lake Trail between Auburn Street and
Bowling Green Street for a neighborhood block party on June 5, 1994
from 1:30 p.m.- 6:30 p.m.
Joseph Portugal, Assistant to the City Manager, stated that this
was a request from the Homeowners Association for the street
closure for a block party. This was the fourth year for the event
and it had unanimous approval of the residents.
The following resolution was considered:
NO. R94-018
A RESOLUTION TEMPORARILY CLOSING NORTH LAKE TRAIL BETWEEN
BOWLING GREEN STREET AND AUBURN STREET ON SUNDAY, JUNE 5,
1994; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance rezoning 3.633 acres from Planned Development
District 12 to Commercial (C) District. The site was located on
208
city of Denton City Council Minutes
May 17, 1994
Page 10
District 12 to Commercial (C) District. The site was located on
the west side of Interstate Highway 35 approximately 1800 feet
south of State School Road. (The Planning and Zoning Commission
recommended approval 7-0.) Z94-008
Debra Goodwin, Urban Planner, stated that this was a request for a
rezoning of 3.633 acres of an existing 6 acre site. The dual
zoning on the property developed as property sales were done
without proper platting. The property was in PD12, originally
approved in 1972, and had several changes and amendments since
approval. The most recent consideration of this property was in
1987 for a concept plan for commercial uses. The applicant was
proposing to rezone this piece of property to commercial and was
asking for no restrictions on the zoning. Platting would be
considered at a later date.
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. 94-088
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT (PD) NO. 12 TO COMMERCIAL (C)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.633
ACRES OF LAND LOCATED ON THE WEST SIDE OF INTERSTATE HIGHWAY
35 APPROXIMATELY 1800 FEET SOUTH OF STATE SCHOOL ROAD;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council held a public hearing with regard to the
proposed annexation and zoning of 79.69 acres located along FM2164
and extending approximately 3,482 feet north of Bobcat Road. (A-65)
Frank Robbins, Executive Director for Planning and Development,
stated that this was the second public hearing for this annexation
and required no action on the part of the Council. This was a
209
City of Denton City Council Minutes
May 17, 1994
Page 11
public hearing to provide input into the process.
The Mayor opened the public hearing.
No one spoke in favor.
Gloria Delaney asked when was the last time the City annexed out in
this direction.
Robbins replied that he would research that information for Ms.
Delaney.
Delaney wanted to know the last time the city limits signs were
moved in that area. She also asked when fire hydrants would be
available for fire protection in the area.
Robbins replied that those issues were not directly addressed with
this annexation. The City's policies regarding those types of
capita~ improvements were applicable and were listed in the back-up
materials. When development occurred in that area, the hydrants
would be placed.
Delaney stated that she was not talking about any building that
might happen but rather the current residents.
Mayor Castleberry stated that as Ms. Delaney was not making a
statement but rather was asking questions, she needed to give those
questions to Mr. Robbins who would research the answers.
Delaney stated that the nearest fire hydrant was at Evers Park
which was approximately 4 miles away from the proposed ~nnexation.
The residents in the area were individuals with farms and animals
and they did not wish to be in the Denton city limits.
The Mayor closed the public hearing.
CoUncil Member Smith clarified that this annexation had no homes
involved.
Robbins replied correct that there were no structures involved.
Council Member Perry indicated that there was an individual in the
audience who seemed to have a different opinion.
Robbins replied that he had an aerial photograph indicating no
structures in the area.
Ms. Delaney indicated that there was a mobile home in the area.
210
City of Denton City Council Minutes
May 17, 1994
Page 12
Robbins replied that that mobile home was not in the area. He
offered to speak with Ms. Delaney about her issues before the
annexation process ended.
C. The Council held a public hearing and considered a
variance to Section 34-114, paragraph 17 of the Subdivision and
Land Development Ordinance concerning the construction of sidewalks
at Browne Industrial Park. (The Planning and Zoning Commission
recommended approval 7-0).
Frank Robbins, Executive Director for Planning, stated that this
was a simple variance. The property was located at what would be
the dead end of Jim christal Road when completed. The unique
situation that justified the variance was that it was the last
property on a dead end street. The Planning and Zoning Commission
granted a variance to the requirement for sidewalks which would go
no where.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Brock motioned, Perry seconded to approve the variance request. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council held a public hearing to consider the
preliminary and final replats of Lot 1, Block 1, Bethel Temple
Parsonage Addition, plus approximately .464 acre of unplatted land;
into Lot iR. The 2.00 acre site was located on the south side of
Highway 380, near the Marshall Road intersection. (The Planning
and Zoning Commission recommended approval 7-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a residential replat which required a public
hearing. This property was being added to a currently platted
lot.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
211
City of Denton City Council Minutes
May 17, 1994
Page 13
The Mayor closed the public hearing.
Chew motioned, Smith seconded to approve the preliminary and final
replats. On roll vote, Brock "aye.", Cott "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
E. The Council held a public hearing and considered approval
of the preliminary and final replat of Lot 4-R, Block 4, Snider
Addition, Section II. The site was located on Brooke Street north
of Casie Court. (The Planning and Zoning Commission recommended
approval, 5-0).
Frank Robbins, Executive Director for Planning and Development,
stated this was again a residential replat situation.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Perry moved, Brock seconded to approve the preliminary and final
replat. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
F. The Council held a public hearing and considered a motion
to call the street escrow for 2901 Fladger from Melvin and Lane
Herr.
Jerry Clark, Director of Engineering, stated that this was a
request on whether or not to call a street escrow agreement located
at the intersection of Fladger and Westgate. This was the 10th
year of the l0 year bond. In the last several months Westgate had
deteriorated and needed serious work. If the bond were used, the
expense to the citizens would lessen. Mr. Herr was required to put
up the bond because of frontage on Westgate Drive. Staff was
asking that Council consider refunding the curb and gutter portion
of the bond as the construction would be a standard city street
without curb and gutter. The amount to be refunded would be
approximately $1,500 and staff was recommending to call the bond.
The Mayor opened the public hearing.
No one spoke in favor.
212
City of Denton City Council Minutes
May 17, 1994
Page 14
Melvin Herr stated that he was the owner of the property at 2901
Fladger. They bought the property in 1984 and obtained a building
permit in 1985. At that time in order to obtain a building permit,
they had to have the property platted and put up an escrow account.
This agreement was to fund one-half of the paving and installation
of curb, gutter and drainage facilities. They were told last year
that this could be requested this year since there were no plans to
do any major paving for the next five years. There was another
residence south of his residence and he asked if those individuals
would be assessed for their portion of the paving. He asked that
these funds be released and returned to them.
The Mayor closed the public hearing.
City Manager Harrell reminded the Council that there had been a
similar case about 6 months ago. For the funds to be spent in the
final year a public hearing was required. In the previous case,
this occurred and positive public improvements were made. If this
had not been the final year, a public hearing would not have been
necessary.
Council Member Smith stated that the money for curb and gutter
would be refunded.
Clark replied yes approximately $1500.
Elaine Herr stated that she needed clarification regarding the
agreement. When they had applied for their building permit, they
agreed to go along with what the City requested, indicating that
the money would be for paving, gutter, and drainage. The City did
not indicate that they could take part of the money and only do
part of the project. That was not what was agreed on.
Clark replied that the issue was whether the street should be left
in a rural or urban state. The Legal Department had researched the
issue and determined that it was legal to do the street
improvements which was a major part of the agreement.
City Attorney Drayovitch stated that Mr. Clark consulted with one
of the Assistant City Attorney's regarding the matter and she felt
Mr. Clark's representation was consistent with what the Council had
done with other cases.
Ms. Herr asked if anyone else in the neighborhood would be required
to pay for any improvements.
Clark replied that this was the only bond being called and this was
the only house putting up money.
City of Denton City Council Minutes
May 17, 1994
Page 15
213
Ms. Herr stated that she had a problem with the other land owners
not having to pay for the improvements. She did not agree with the
procedure because the City was not doing what was agreed. Why
should they be the only ones to put up the money for the
improvements as they were not the only ones using the road. Trucks
from a construction project damaged the road and brought this issue
forward.
City Attorney Drayovitch stated that the agreement by the City was
to utilize the money for the paving, installation of curb and
gutter and drainage according to City specifications. In order to
obtain a building permit at the time the Herr's built their home,
adjacent property owners had to either pave the street or execute
this agreement. The City was going to construct part of the
improvements and the part which they were not going to construct
would be refunded to the Herr's.
Ms. Herr asked about all the other property owners on the street.
City Attorney Drayovitch replied that she was not familiar with the
specifics of the project.
City Manager Harrell stated that this was not a street assessment
program to pave the street. Because none of the other property
along that street during the past 10 years had platted their
property and filed with the City an escrow amount, the City had no
other escrow amount to call except for the Herr property. If any
other property along the street had platted and obtained a permit,
they would have had to file an escrow agreement which would be
called when improvements were made.
Ms. Herr stated that in 1984 and 1985 they should have fought
putting up the money as their neighbors did and not put any money
in the escrow account.
Chew moved, Perry seconded to keep $6,200 of the escrow account and
refund the Herr's $1,500. On roll vote, Brock "aye", Cott "aye",
Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
Mayor Castleberry presented a Keep Denton Beautiful award to Carrol
& Martha Goen.
6. Consent Agenda
' Smith motioned, Perry seconded to aDDrove the Consent Agenda a~
presented. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
214
City of Denton City Council Minutes
May 17, 1994
Page 16
Motion carried unanimously.
A. Bids and Purchase Orders:
Bid #1625 - Forklifts
Bid #1628 - Drainage Channel Vegetation Management
B. Plats and Replats
Preliminary replat of Wimbleton Village replat and
McNatt Addition replat of a 54.538 acre tract
located on Interstate Highway 35 at State School
Road. (The Planning and Zoning Commission
recommended approval 7-0.)
Preliminary plat of Lots 1-7, Block A; Lots 3-34,
Block B, Lots 1-22, Block C; and Lots 1-13, Block
D; of the Crown Oaks Addition. The 24.43 acre site
was located north and east of Teasley Lane, at
Hobson Lane. (The Planning and Zoning Commission
recommended approval 6-0.)
Preliminary plat for Lot 1, Bock 1, Browne
Industrial Park of a 9.6781 acre tract located on
Jim Christal Road at the G. C. & S.F. Railroad.
(The Planning and Zoning Commission recommended
approval 7-0.)
7. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (6.A.1. - Bid #1625, 6.B.1. - Bid
#1628).
The following ordinance was considered:
NO. 94-089
AN ORDINANCE ACCEPTING 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.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously·
215
City of Denton City Council Minutes
May 17, 1994
Page 17
B. The Council considered adoption of an ordinance amending
Ordinance 93-161, establishing the schedule of rates for water
service, by the revision of the rates for the sale of water for
resale to municipal corporations, water districts and other
governmental entities by agreements prior to June 1, 1986; by
repealing Schedule WW2 for water sales for resale to municipal
corporations, water districts and other governmental entities by
agreements after June 1, 1986; by deleting Schedule WW2.
Bob Nelson, Executive Director for Utilities, stated that the City
presently sold wholesale water to Corinth and Lake cities Municipal
Utility Authority. On June 1, 1994 those two entities would begin
purchasing their water from the Upper Trinity Regional Water
District. In July of 1992 the City entered into an agreement with
the UTRWD to provide them with an interim wholesale water contract
to provide water for the UTRWD so that they could take over the
responsibilities of providing water to those two entities. Within
that contract of July 1992 there was a provision on how those rates
would be developed. This ordinance enacted the actual cost which
would be approximately $1.22 per thousand gallons which would take
effect June 1, 1994.
Council Member Cott asked if this was just a unit shift.
Nelson replied yes. The City had revenues of approximately
$700,000 with the present contract and that would continue as it
moved to the UTRWD.
Council Member Cott asked if this was just a unit shift regarding
the amount of water.
Nelson stated that the City would be selling a great deal more
water than before because the UTRWD would be providing more water
to other entities.
Joe Dodd stated that he was not particularly for or against this
item but would like the Council to consider something else that was
going to be coming up and was part of the City's overall utility
package. The people owned the utilities in Denton and paid for the
utilities in Denton. The City managed that service for them. Last
year the City managed it so well that there were overcharges in the
range of $4 million. Denton was a poor city in many places and the
overcharges hurt. While considering utilities, he asked the
Council to consider what $3 million put back into the Denton
economy would do for this city. He asked that the Council let the
people decide how the money was spent and consider this as Council
considered the rest of the utility package.
216
City of Denton City Council Minutes
May 17, 1994
Page 18
The following ordinance was considered:
NO. 94-090
AN ORDINANCE AMENDING ORDINANCE 93-161, ESTABLISHING THE
SCHEDULE OF RATES FOR WATER SERVICE BY THE REVISION OF THE
RATES FOR THE SALE OF WATER FOR RESALE TO MUNICIPAL
CORPORATIONS, WATER DISTRICTS AND OTHER GOVERNMENTAL ENTITIES
BY AGREEMENTS PRIOR TO JUNE 1, 1986; BY REPEALING SCHEDULE WW2
FOR WATER SALES FOR RESALE TO MUNICIPAL CORPORATIONS, WATER
DISTRICTS AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENTS AFTER
JUNE 1, 1986; BY DELETING SCHEDULE W-W2; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIV~ DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance vacating
a certain public easement recorded in Cabinet C, Page 381 of the
plat records of Denton County, Texas. (The Planning and Zoning
Commission recommended approval.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a vacation of an easement for a pool permit.
The pool permit would encroach on the easement and the owner asked
for abandonment of only that portion of the easement. There would
be no utilities in the easement because the utilities were located
in the front of the property. The value of the easement had been
deposited with the City.
The following ordinance was considered:
NO. 94-091
AN ORDINANCE VACATING A CERTAIN PUBLIC EASEMENT RECORDED IN
CABINET C, PAGE 381 OF THE PLAT RECORDS OF DENTON COUNTY,
TEXAS; 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", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on the east side of Bernard
Street from its intersection with Sycamore Street to its
217
city of Denton city Council Minutes
May 17, 1994
Page 19
intersection with Highland Street when signs were posted.
Traffic Safety Commission recommended approval.)
(The
Jerry Clark, Director for Engineering/Transportation, stated that
Bernard Street was located to the east of the University of North
Texas. The Oaks Apartments were located between Sycamore and
Highland in that area. This was a citizen request for assistance
due to safety reasons. Due to the lack of parking in the area the
street was very congested with parked cars and it was difficult
getting out of the driveway safely. All intersections had to be
painted yellow to keep parking away from corners. This request
would only be for the east side of the street and was originally
for eight hours only. Traffic Safety recommended no parking for 24
hours.
Council Member Cott asked if the City had checked with Mr. Irwin
who was developing land in the area.
Clark replied that that property was closer to IOOF and not on
Bernard Street.
Council Member Smith stated that there was adequate parking at the
Oaks Apartments.
Clark replied yes that there was adequate parking.
Council Member smith asked if there were mainly houses on the west
side of street and would they have a place to park.
Clark replied yes.
The following ordinance was considered:
NO. 94-092
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE EAST
SIDE OF BERNARD STREET FROM ITS INTERSECTION WITH SYCAMORE
STREET TO ITS INTERSECTION WITH HIGHLAND STREET WHEN SIGNS ARE
POSTED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
218
City of Denton City Council Minutes
May 17, 1994
Page 20
E. The Council considered adoption of an ordinance
designating and establishing a school safety speed zone on portions
of Congress Street, Denton Street and Mounts Street near the
Calhoun Middle School; and reducing the maximum prima facie speed
limit for such portions of said street from thirty miles per hour
to twenty miles per hour during certain hours. (The Traffic Safety
Commission recommended approval.)
Jerry Clark, Director of Engineering/Transportation, stated that
Calhoun Middle School was located south of Congress between Mounts
and Denton. Although the streets around the school were currently
posted "no parking", there were numerous violations in order to
load and unload students. The bus loading had been moved from
Mounts Street to Denton Street. It was assumed that the no parking
in the area was started by policy in the early 1960'$ or 1970's as
there was no ordinance to validate the no parking in the area. The
lack of an ordinance was discovered when the DISD asked that the
time for the school zone be changed. The majority of activity at
Calhoun was on Congress Street. The ordinance would establish a
zone which would protect the crosswalk and protect the proposed
loading zones plus give adequate warning.
The following ordinance was considered:
NO. 94-093
AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY
SPEED ZONE ON PORTIONS OF CONGRESS STREET, DENTON STREET AND
MOUNTS STREET NEAR THE CALHOUN MIDDLE SCHOOL; REDUCING THE
MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID
STREETS FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES
PER HOUR DURING CERTAIN HOURS; PROVIDING A PENALTY OF A FINE
NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A
SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN
EFFECTIVE DATE.
Perry motioned, Chew seconded. On roll vote, Brock "aye", Cott
"aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance
establishing no parking and loading zones on portions of Congress
Street, Alice Street, Denton Street, and Mounts Street near Calhoun
Middle School. (The Traffic Safety Commission recommended
approval.)
219
City of Denton City Council Minutes
May 17, 1994
Page 21
Jerry Clark, Director of Engineering/Transportation, stated that
this ordinance would establish a loading zone and no parking zones
at the Calhoun Middle School.
Mayor Pro Tem Brock asked if the residents on Mounts Street had
been involved in the discussions.
Clark replied'that there were no residents in the area except for
the apartment complex and it fronted on Anderson Street with access
on that street. Staff did meet with Dennis cox to make sure that
the driveway for the apartment would not be negatively affected.
He was assured that that area would be protected from parked
vehicles.
The following Ordinance was considered:
NO. 94-094
AN ORDINANCE ESTABLISHING NO PARKING AND LOADING ZONES ON
PORTIONS OF CONGRESS STREET, ALICE STREET, DENTON STREET, AND
MOUNTS STREET NEAR CALHOUN MIDDLE SCHOOL; PROVIDING FOR A
PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00);
PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING
AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
G. The Council~' considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Robin G. and Patty S. Wilson to purchase
property.
Bob Nelson, Executive Director for Utilities, stated that the next
three items represented the final pieces of property needed for the
expansion of the new landfill.
Council Member Cott asked what would be the cost to guarantee EPA
compliance.
Nelson stated that Council Member Cott was referring to the
environmental assessment of the property. As the City purchased
these pieces of property, provisions were included in the agreement
that the current owner would be responsible until the time of
transfer of title of the property. The City would be responsible
220
City of Denton City Council Minutes
May 17, 1994
Page 22
for anything put on the property after the city purchased the
property.
Council Member Chew left the meeting.
The following ordinance was considered:
NO. 94-095
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND ROBIN G. AND PATTY S.
WILSON TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
H. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Joe A. and Ella M. Mays to purchase property.
The following ordinance was considered:
NO. 94-096
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND JOE A. AND ELLA M.
MAYS TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Cott motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
I. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
city of Denton and Melvin and Dorothy Hartline to purchase
property.
The following ordinance was considered:
NO. 94-097
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND MELVIN AND DOROTHY
HARTLINE TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
221
City of Denton City Council Minutes
May 17, 1994
Page 23
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry
"aye" and Mayor Castleberry "aye" Motion carried unanimously.
J. The Council considered adoption of an ordinance amending
the schedule of electric rates adopted with the enactment of
Ordinance No. 93-160; providing for a premium-efficient motor
rebate; amending the general service time of use schedule; amending
the thermal storage incentive schedule; repealing the voluntary
load reduction schedule; and authorizing the expenditure of funds
for the rebate program.
Jim Harder, Director of Electric Utilities, stated that the
proposed ordinance was a modification of the existing demand side
program. The original program had been very effective over the~
last several years. The program was in constant need to be
reviewed so that the program fit with the changes of the City in
order to be competitive with the area. The ordinance added one new
program, a motor loading program, and would delete the voluntary
load reduction program. Demand side management reduced the peak
and reduced the need in the future to add capacity.
Council Member Chew returned to the meeting.
In the past, the demand side management concentrated on trying to
reduce the peak to avoid adding additional capacity in the future.
The other incentive was that since Denton was a partner in TMPA the
city was paying demand charges from the energy received from the
Gibbons Creek Power Plant. In the past, the City was almost in
competition with the other cities to reduce demand. Last year, the
rate configuration had changed. The demand side management program
was no longer cost effective due to the change in TMPA pricing.
The ordinance in61uded a base appliance rebate program for high
efficiency heat pumps or air conditioners. Summer Sense was an
ongoing program which had been marginally effective as it had a
high cost and changes were being considered in that program. All
programs with the exception of Summer Sense were rebate programs
where a rebate was given for a type of appliance or motor which was
purchased in exchange for a less efficient item.
Council Member Cott asked about more efficient TMPA production.
Harder replied that Council Member Cott was indicating improving
efficiency at TMPA. The City's demand side management program was
independent of the TMPA operation. The cities had installed the
rate structure to encourage member cities to participate in demand
side management programs. If they did not, they were penalized in
222
City of Dento~ City Council Minutes
May 17, 1994
Page 24
the rate. Since TMPA sold all of its energy to the four member
cities, there was no incentive for demand side efficiency.
The following ordinance was considered:
NO. 94-098
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES ADOPTED
WITH THE ENACTMENT OF ORDINANCE NO. 93-160; PROVIDING FOR A
PREMIUM-EFFICIENT MOTOR RATE; AMENDING THE GENERAL SERVICE
TIME OF USE SCHEDULE; AMENDING THE THERMAL STORAGE INCENTIVE
SCHEDULE; REPEALING THE VOLUNTARY LOAD REDUCTION SCHEDULE;
AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE REBATE PROGRAM;
PROVIDING FOR A SEVERABILITY CLAUSE; 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", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
8. Resolutions
A. The Council considered approval of a resolution providing
for the regulation of basic service tier rates and related
equipment, installation and service charges of any cable television
system operating in the City of Denton, Texas; and authorizing the
City Manager to execute and file documents on behalf of the City of
Denton to enable it to regulate basic service rates and charges.
Richard Foster, Public Information Officer, stated that the 1992
Cable TV Act provided for franchising authorities such as the city
to become certified to regulate rates for basic cable TV services.
In January of t~is year, the city applied for certification to the
FCC to regulate those rates. The certification was effective 30
days after the application and this was the next step in the
process. The City had to pass a resolution indicating when the
City exercised its regulatory authority, it would follow the rules
and regulations of the FCC.
Council Member Cott asked why the City would want to do this.
Foster replied that the resolution only applied to the regulation
of rates for basic cable services and equipment rental charges. If
the city did not do the regulation, no one would and there would be
no regulatory authority presiding over these issues and the cable
subscribers would have no one to oversee the rates charged.
City of Denton City Council Minutes
May 17, 1994
Page 25
223
The following resolution was considered:
NO. R94-019
A RESOLUTION OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT,
INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION
SYSTEM OPERATING IN THE CITY OF DENTON, TEXAS; AUTHORIZING THE
CITY MANAGER TO EXECUTE AND FILE DOCUMENTS ON BEHALF OF THE
CITY OF DENTON TO ENABLE IT TO REGULATE BASIC SERVICE RATES
AND CHARGES; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
9. The Council considered nominations to the Traffic Safety
Commission and the Board of Adjustment.
Mayor Pro Tem Brock stated that she would like to postpone a
nomination on the Traffic Safety Commission until after the
Boards/Commission orientation on May 31st as there might be
citizens interested in that position.
Council Member Miller stated that he had talked with the alternate
on the Board of Adjustment and she agreed to become a full member.
He would return later in the meeting with the name.
10. Receive a Vision update.
Mayor Pro Tem Brock stated that the City Manager, as Project
Manager of the Vision project, had met with the co-chairs of all
groups. There had been a concern that too many of the groups were
focusing on current goals or needs instead of long term goals.
There was a need to not look at immediate actions but actions for
the future. The Transportation Committee had A1 Murdock from SPAN
speak to them and would be having Paul Geisel from UT-Arlington at
an upcoming meeting. The Cultural City Committee would be having
Herbert Holl speak to them in the future and the Education
Committee would be having four different speakers regarding
education in the City. The consultant for the project, Joe
Lanford, would be in Denton on June 6-7 to meet with the impact
groups. All Council and interested citizens were invited to attend
· any of these meetings.
224
City of Denton City Council Minutes
May 17, 1994
Page 26
11. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. Assessed value for City of Denton - The City had received
preliminary numbers from the Appraisal District with final numbers
to be received in July/August. The preliminary numbers for the
City were up slightly. It appeared that the figures for Denton
County were up due to the growth in the southern part of the
County. For budget purposes, staff would be projecting a growth of
approximately 1% in assessed value.
B. Cecile Carson had received word that Keep Denton
Beautiful Inc. for Texas had announced the winners for two major
awards - the Ebby Holiday/Maurice Acres Business Award and the Ruth
Jackson Youth Award. Denton received top awards for both
categories. Gene Gumfory/Sonic Drive-In was awarded the local
business award and the youth award was awarded to the Ryan Campus
Ecology Club which was named the number one program in secondary
schools in Texas. As a community, Denton had filed application for
the sustained excellence award.
C. The mid-June annual planning session was coming up and he
felt it would be helpful to have one or two council members assist
in formulating the agenda for that meeting.
Council Members Perry and Cott volunteered to assist with the
agenda planning.
D. Council had asked for an exclusive work session regarding
the Zoning Task Force recommendations for the zoning rewrite. The
next study session had several items on it and did Council want to
include that item on the next work session.
Mayor Pro Tem Brock indicated that she would not be present at the
next session.
Consensus of the Council was to hold the zoning item for a separate
meeting night.
Council returned to the nomination by Council Member Miller for the
Board of Adjustment.
Council Member Miller nominated Rebecca King for the Board of
Adjustment.
The Council returned to Work Session Item #4. ~
225
city of Denton city Council Minutes
May 17, 1994
Page 27
4. The Council held a continuation of discussion regarding the
Community Development Advisory Committee and Human Services
Committee recommendations.
Harold Williams stated that he was concerned about the Legion
Building proposal. He was in favor of the City remodeling the
building and taking charge of it to make it into a senior center
and police-center. This would be helpful to the community and felt
that it would be a shame to not remodel the building.
Barbara Ross, Community Development Administrator, stated that in
the human services area there were CDBG funds and general fund
dollars in that grouping. There was a need to be careful when
allocating funding so as to not mix the two types of funding.
Mayor Castleberry asked if the Council had any item from the
original recommendation from the Committee that it wished to pull
or discuss.
Council Member Cott questioned Item 7 - ADA compliance. He
recommended putting that project on a several year basis.
City Manager Harrell stated that the city had been doing that over
the past several years. Those projects recommended were the
projects needed to keep the city in compliance for the next year.
Council Member Cott asked for an idea of what projects would be
necessary for the next several years.
City Manager Harrell stated that the City had been in the program
for several years and had several years left to complete. This was
a continuation of a program done for the pa~t several years.
Council Member Miller stated that last year the Denton ISD TRIPS
program had received funding and that was not the case this year.
Ross replied that the Committee had to make choices and some
programs funded in the past were left out and TRIPS was not
considered for core funding.
Council Member Miller asked if that had been communicated to the
DISD.
Ross replied that it had been communicated to the DISD that the
city would not be funding the program next year.
Mayor Pro Tem Brock asked why the funding for the North Texas
Community Clinics was not being taken from Block grant funds.
226
city of Denton City Council Minutes
May 17, 1994
Page 28
Ross replied that there were several activities such as the Parks
program and the funding for SPAN operations which were specific
requests for CDBG funds. In order to fund those activities, the
Committee switched some of the other programs to general funds.
Council Member Cott asked why the funding for Friends of the Family
was decreased.
Ross replied that the memorandum of the Committee indicated that
consideration for funding included funding that the agencies
currently were receiving. Friends of the Family had a large budget
and the Committee had some increases to programs plus new programs
funded. The Committee supported the work of the Friends of the
Family but had to make choices for new programs versus continued
funding of others.
Council Member Cott suggested that next year the Committee
anticipate in the future a decrease in funding as opposed to a
complete cut-off without warning,
Ross replied that the Committee would be looking at an alternate
method of allocating the funds.
Council Member Miller asked why the North Texas Community Clinics
was changed to general fund dollars.
Ross replied because of the request for $41,500 for transportation
and the request for the four parks programs were specifically from
CDBG dollars.
Council Member Miller asked if the $41,500 were taken out of the
CDBG request, would the funding change.
Ross replied that the Committee would have looked at the requests
differently if that $41,500 had not been there.
Council Member Miller asked about the splitting of funding of an
agency between the two funds.
Ross replied that it was more difficult to administer the funding
of an agency if it were split between the two types of funds.
Council Member Miller asked how difficult it would be to monitor
the Owsley project.
Ross replied that that would be one of the easier ones to split.
Marion Hamilton stated that there were flaws in the process which
227
City of Denton city Council Minutes
May 17, 1994
Page 29
were long standing. The ranking of the requests of the agencies
was random and subjective. This ranking did not take into account
the unmet needs of the community. Health needs were ranked last.
In Denton there was a number of low income individuals who could
not understand that. There was an indication that TWU Cares had
money and did not need any more. TWU had received grants for
education and personnel but not for supplies. In order to keep the
clinic going and provide dental care to citizens, they were asking
for $30,000. She urged the committee to reevaluate the process and
the way in which dollars were allocated and the way needs were
ranked.
Martha Guerra stated that she was a resident of the Phoenix
Apartments and at one time did not have insurance. She personally
knew many individuals who found TWU Cares a great help for dental,
vision and screening for women. The City would not be wasting
money if it were given to TWU Cares. The individuals who used the
clinic were not looking for a handout but needed help on a
temporary basis. This was a program which was in great need for
the community.
Eugenia Gramojo, speaking through an interpreter, stated that there
were individuals in the Phoenix Apartments who were low income
individuals and most were hispanic. They were hard working people
with low wages and sometimes could not afford insurance for their
families. She expressed thanks to the TWU clinic as a facility to
help with health care. She had benefited from the Clinic and had
received treatment and medicine at low cost. She felt that it was
a great benefit to Denton citizens.
Sara Carey felt that this issue was very important to Denton either
as a user of the services or a supporter of the services. As the
budget for TWU Cares grew, so did the uncompensated care burden.
There were always expenses which were not covered. TWU Cares
needed City funding to meet their shortfall. This would be a good
investment of the city's tax dollars.
Mayor Castleberry indicated that the following speaker cards had
been received from individuals who did not wish to speak but who
wanted their opinions known:
Judy Spauling indicated a support for the DISD TRIPS program
and the fact that they would not be able to meet their minimal
demands if not funded.
Karen Connor indicated that she was opposed to funding cuts to
Denton County Friends of the Family.
228
city of Denton City Council Minutes
May 17, 1994
Page 30
Ann Reban indicated that Adult Day Care of North Texas was not
recommended for funding and felt that this was an important program
missing from a full range of services needed in the community.
Alta Mae Reber indicated that funding for the Adult Day Care
Center was not approved and that it was a need in Denton for
elderly citizens.
Sharon Coutryer indicated that the Committee failed to
recommend funding for the Adult Day Care program which would
provide needed services for the elderly.
Sylvia Michryo indicated that funding was not provided for the
Adult Day Care of North Texas and that this was a needed service in
Denton.
Libby Day indicated that the Committee had failed to support
the Adult Day Care Services and that was a needed service.
Geri Sams indicated that Adult Day Care was a needed service
in Denton for the elderly.
Curtis Ramsey, Chair - Community Development Advisory Committee,
stated that there had been concerns regarding the large number of
proposals from Engineering in regards to public works facilities.
He detailed a graph indicating the use of dollars over the past
several years. The current proposal for public works and
facilities represented 15% of the total allocation. The
engineering requests represented 128% of the total budget and the
Committee responded to 15% of that request. The Committee
attempted to correlate the Council questionnaire and the Committee
rankings. They were unable to do that as Council had responded in
terms of principle and the Committee responded to specific
proposals. He felt that the Committee had reflected the priorities
of the Council.
Council Member Cott stated that some agencies needed to keep the
same amount of funds.
City Manager Harrell stated that approximately the same amount of
dollars had been spent on public works projects for the past three
years. There was a frustration that when Council indicated to staff
that their first general need was to improve streets and drainage,
that the amount of money to put towards those project could not be
inGr~a~ aa ~h~ amount of money increased in the block grant
funds. There were many requests for street and drainage projects
in low and moderate income areas. Staff's prospective was that
this was the year to direct more dollars towards that area.
229
City of Denton City Council Minutes
May 17, 1994
Page 31 ~:
Council Member Miller felt that the block grant funds and general
funds could not be completely separate. One of the requests for
funding which impacted the allocation was the request for $41,500
for SPAN transportation. For the balance of the agencies there was
not more money, there was less money. He proposed to remove from
the human services funding source the SPAN allocation of $41,500
and reallocate those funds. He suggested Council follow the city
Manager's Option I in his memo dated 5/13/94 which would increase
funding out of the general fund for SPAN by $25,799. There would
also be $25,000 of in-kind services. Once there was a
transportation system, the City needed to make a commitment to
continue funding. He was concerned that the current proposal
leveraged federal funds with federal funds. He recommended
allocating the $41,500 by increasing the funding to the North Texas
Community Clinics to the level of last year which would add $5,000;
increasing the funding to Friends of the Family to the level of
last year which would add $13,000; adding funding for TWU Cares in
the amount of $20,000; and increasing the parks program by $3,500
to be allocated on an as needed basis for programs. In order to do
this proposal, the funding for the North Texas Community Clinics
would have to be switched from general funding to Block grant
funding and $17,000 from the United Way Owsley services would be
put in the general fund, $16,000 would remain in Community
Development Block Grant funding and $3,500 would be added for parks
in CDBG.
Council Member Chew felt this was a well thought out
recommendation.
Council Member Cott asked if this would be an increase in the
general fund and an increase in the block grant funding.
Council Member Miller replied that there would be an increase in
the general fund of $25,000 for SPAN transportation.
City Manager Harrell stated that Council Member Miller's proposal
took a current funding level from property tax ($56,000) to give to
SPAN, and if not cut SPAN services, it would add $25,000 more to
the property tax SPAN allocation.
Council Member Miller felt that federal dollars should not be
matched with federal dollars for these programs. The city needed
to make a decision that it would be willing to pay an incremental
tax increase for those services.
Council Member Perry stated that TWU Cares had $6,000 left from the
1991-92 budget session. He did not understand why money was left
in that account which was not expended for direct delivery of
23O
City of Denton City Council Minutes
May 17, 1994
Page 32
services.
Ross replied that many of the agencies had balances from one year
to the next although no other agency had a balance from the 1991-92
budget year except for TWU Cares. Most of the agencies had a
balance which carried over from one year to another due to
administrative difficulties and the possibility of needing to amend
budgets. TWU Cares was not the only agency with a balance but was
the only one with a budget from 1991-92. The funds had been spent
on a regular basis during that time period for supplies and
equipment.
Marion Hamilton stated that the agency was trying not to spend all
of the money as it was sure that it would not receive any funding
this year. There was also a long time period to receive
reimbursement through the system as the administrative procedures
slowed down the process for reimbursement.
Council Member Perry asked if the agency was held up by
administrative procedures of the City or procedures of other
agencies.
Hamilton replied that it was the city department which administered
those funds. This complaint was not specific to her as it had been
heard from other agencies as well. The Denton Housing Authority
kept good records and any allegations which indicated that they did
not keep good records were grossly incorrect.
City Manager Harrell stated that the Block Grant staff had been
commended by HUD officials in the way that they conducted their
business. A point to consider was that if HUD felt that an
expenditure by an agency was illegal, the city had to repay the
funds. That was why staff suggested keeping the n,~m~er of agencies
to a manageable level. The monitoring was necessary for city
reliability. If it were the general consensus of the Council to
act on Council Member Miller's recommendation, staff could put it
into resolution form as a starting point for Council consideration.
Mayor Castleberry asked that staff provide Council with the
recommendation from Council Member Miller so that Council would
have the figures as recommended.
Council Member Cott felt that the Council should have both
recommendations from Council Member Miller and from the Committee.
Mayor Pro Tem Brock suggested having both recommendations in
resolution form.
231
City of Denton City council Minutes
May 17, 1994
Page 33
Consensus of the Council was to have two resolutions, one from the
Committee and one from Council Member Miller.
12. The Council considered a motion approving a strategic plan for
self sufficiency and authorizing the Mayor to submit the plan with
an application for designation as an Enterprise Community through
the State of Texas to the Department of Housing and Urban
DeveloPment.
Frank Robbins, Executive Director for Planning and Development,
stated that staff was asking Council permission to amend the
application. The staff could amend the list of actions and
commitments as they developed which would enhance the plan and the
application. Council could approve the plan and authorize staff to
work with the Mayor to continue to amend the plan in order to get
as many commitments as possible.
Brock motioned, Miller seconded to select the second option which
would allow the Mayor and staff to continue to work on the
application in whatever way that would enhance it for the strongest
possible application. On roll vote, Brock "aye", Cott, "nay",
Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried with a 6-1 vote.
13. The following official action was taken on Executive Session
items discussed during the Work Session Executive Session:
Miller motioned, Perry seconded to approve the mediation settlement
for Ervin and Gibson and authorize the City Manager to execute
such. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
14. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Miller suggested placing the Court of
Record on a study session to bring all items together for
consideration.
15. There was no Executive Session held during the regular
session.
With no further business, the meeting was adjourned at ~0:33 p.m.
232
City of Denton City Council Minutes
May 17, 1994
Page 34
c~iNN'IF~ WALTERS
TY S~ECRETARY
TY OF DENTON, TEXAS
CITY OF DENTON, TEXAS/
/
ACC001D4