Minutes July 21-22, 1995 CITY OF DENTON CITY COUNCIL MINUTES
JULY 21, 1995
The Council convened into the Annual Planning Session on Friday,
July 21 at the Marriott Solana, Westlake, Texas.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
City Manager Harrell stated that staff would be presenting reports
to the Council and receiving direction when necessary. Most of the
presentations would be issues which the Council will need to make
a decision on during the next year. This would focus on major
items which would be considered later. Bob Saunders would be
facilitating the Saturday meeting. Staff had also posted the issue
of the hotel/motel occupancy tax funds and related issues.
The Council received reports, held discussions and gave staff
direction regarding the following:
Master Plan Update
Ed Hodney, Director of Parks and Recreation, stated that the
purpose of the Parks Master Plan was to define a mission and vision
which reflected Denton today 'and tomorrow; to establish service
priorities, levels and standards; to guide capital improvement
decisions; to guide annual budget decisions; to establish a road
map for citizens, staff and Policy makers alike to follow~ and to
convey a sense of purpose. Recommendations from the 1984 Master
Planincluded the construction of a community center on Denton's
east side, expand the Senior Center, develop a bikeway master plan,
"a~d~'ao~i~e and deVeloP 100 acres for neighborhood parks. Actions
· asSOCia2~d wi~h those recom~endationsincluded the CompletiOn of
the,' M~2i, Luther Ki,g, Jr. Recreation Center lin 1~89';' the
/:c0mpletion of the senior Center expansion i~ 1990; the completion
bi ewa¥ master plan draft; and.theacquisiti0n of So,dh.
Park in 19~3. 0therrecom~endationslnclUded"theren°vatl°n of'
existing parks which was not funded in the 1986 bond program;.the
devel°Pment of the North Lakes Soccer c0mpleX'WhichJ:was competed in
1995; the landscaping of highly visible public~reas'suchas--the
completion of the landscaping of Dallas Drive, Colorado Blvd., and
Lillian Miller Parkway; and expandedprogramming for seniors and
youth'which was on going~ A new strategic plan was necessary due
to an increase in population, the neWcapital improvements'p~0~ram,
the aging of s~me of the facilities, and the ohange~ .in
design/c°~struction standards. The Vision project would provide a
link between parks, landscaping and economic development with a
need to devise new funding strategies; The second step in the
Master Plan process was to review Where the Parks and Recreation
Department was going, to develop a vision, to define broad
strategic issues, and to develop goals; The third step in the
Ma~ter Plan was the development of tactical planning in which
specific yearly action plans would be developed. Step four would
involve the adoption of the Master Plan. The fifth step involved
the annual action plans and Step six would begin a new strategic
plan in the year 2000. His vision for the Denton's parks would be
to have characteristics which were effectively planned, financed
and managed in collaboration with others; emphasis on quality over
223
224
City of Denton City Council Minutes
July 21-22, 1995
Page 2
quantity; balanced care for existing facilities with the need to
grow; equal access to services and facilities; environmentally
responsible; and responsive to the diverse and ever-changing needs
of the consumer. He felt the parks and recreation services were a
vital component of Denton's image and economic development growth
strategies.
Council Member Cott suggested a botanical gardens as an extension
of the Campus Theater. He could see that this might be the next
piece in the development.
Hodney stated that Denton needed to find something which was
creative and innovative. Consumers were changing and were changing
rapidly.
Council Member Young felt that a water garden was the number one
item for Denton. Denton currently had nothing except for a
swimming pool. Many people from all over the County came to that
pool. Something like a water garden would be a big success and
could pick up the tourist trade in Denton. He felt it would be
worth a half cent sales tax.
Council Member Miller stated that one area to consider was
maintenance as it was necessary to maintain what the City currently
had. If not, citizens would be skeptical of new facilities.
Private sector cooperation was needed including the universities.
City Manager Harrell stated that iht he recommended CIPpro~r&~the·
vast majority of park money which would be initiatly~Program3med
would be to renovate and upgrade the existing parks. ~That bond
issue was needed in order to do those projects.
Mayor Pro Tem Biles stated that ~he park grounds could:havecolor
withoutflowers which would require less maintenance. There was a
need to avoid high maintenance kinds of plants rather than
something which required a lot of maintenance.
Snace Master Plan Update
Bruce Hennington, Facilities Manager, stated that he' would be
presenting the Master Space Plan History, the objectives forCity
Hall Renovation and a strategic approach to space and facility
planning. He reviewed an overhead presentation which was inclUded
in the agenda back-up materials.
Mayor Castleberry asked if any outside space would be leased by the
City when the renovation of City Hall West was completed.
City Manager Harrell stated that when the City Hall renovation was
completed, the City would not be leasing any space. The Community
Development Office would office in City Hall when the renovation
was completed.
City of Denton City Council Minutes
July 21-22, 1995
Page 3
225
Council Member Cott suggested looking at the North Texas community
College for more than just the current space it was occupyingl The
College was considering closing its Lewisville location and perhaps
it could be consolidated in Denton.
City Manager Harrell stated that that volume could not be
accommodated in the Denton Municipal Complex. The City could help
the College move into the community but not into the Denton
Municipal Complex.
Council discussed the.pros and cons regarding the taping of the
work sessions and the informal and formal feelings of each type of
setting.
Brent Byers, Corgan and Associates, presented a videotape of city
council chambers from area cities for theCouncil to review. He
also reviewed the budget aspects of the renovation.
Betty McKean, Executive Director for Municipal ServiCes and
Economic Development, stated that the next step would be to seek
City Council approval for the Master P1an, bUdgetforlthe City Hali
renovation' and hirea project architect.
month
the
amount of disrupti°n
Mayor ProTem Bilesexpresseda
staff in
Byers replied that
area while renovation work took
City Manager Harrell stated that byl&w, the would
appropriated before a contract Was entered
would have to be designed and
bid for only~stage one work for ~ )O0.
year Council would have to return £or stage two,
there would be some problems with that type of cOntract~-
co .oil M.mb.r ru,g.r ask.d staff to loo at,om-,c.nari0-',?
construction taking place in two phases ~n two bUdget YearS'~'f0
cost control.
226
City of Denton City Council Minutes
July 21-22, 1995
Page 4
Council Member Brock stated that there should be at least one or
more public hearings for public input regarding the proposed
renovations for City Hall.
Rick Svehla, Deputy City Manager, stated that over the years the
Cityhad beenfairly aggressive with annexations. Large amounts of
building activity ~ere beginning to take place 'in the general area
to thenorth of the City between Sherman Drive and Locust and near
LakelRay Roberts. The City of'Aubrey had'also indicated that they
would like to' establish an agreement line between the two cities.
City Manager Harrell stated that a policy decision was needed from
the Council. In the past, the City had taken a policy that when
there was ~ubstantial development in' the extraterritorial
jurisdiction, especially com~ercial/industrial type development,
the City automatically brought that as an annexation issue to the
Council. The City had been fairly aggressive in annexation which
had resulted in an expansive extraterritorial jurisdiction. Staff
needed to know if Council wanted to change that policy and if so,
how to change that policy. There needed to.bean underlying policy
the City was working towards as any annexationWoUld be opposed by
the people in the area.
Svehla stated
that this issue was revived
start~ngin the northern part
hadreq~asted an agreement line.
City la~ge enough which could
reS~ent~ in~ the area. Sma]
.permiSSion of:.the residents which
Aubrey.wanted to extend its
TrinttYRiver~'bUt
Green Belt area in that !ocation.
protectionfor Lake Ray Roberts.
sue. was more
City Manager Harrell stated that this had been disCusSed-at the
lae~iPlan~ingsession. Currently, the Denton city limits we~t~all
the ~ay tothe Lake Ray Roberts dam.` As/ai~.res~lt~.De~t~n~had;a
~arge ~xtrate~ritorial jurisdiction. That mean~tha~',oothe~c~ty
C°uld~ncorPorate within that extraterritOriaI Jurisdiction. without
She 'approv~l of Denton. At the last plann~ng}~Ses~ion, it was
discussed whether to annex a strip of ~nd in ~he middle Of the
Lake. With another such annexation, Denton'scitylimit bOundarieS
would then go the northern side of LakeRay Roberts. It was felt
that perhaps there were five years in which~tO complete Such a
procedure. There would be other urban".pressUres wh'iCh would
develop around the Lake which would foreclose these kinds of
opportunities in the future. It was necessaryt0 vision what the
City would be in the future. Was it important to have lake
frontage on Ray Roberts. When the City startedthis process, there
would be only one chance to do it and there would be major
opposition from area cities. This proposal had major strategic
implications.
City of Denton City Council Minutes
JUly 21-22, 1995
Page 5
227
Council Member Miller stated that the City was 54 square miles and
asked how much was in the extraterritorial jurisdiction.
Svehla replied that was probably three times that much.
Council Member Miller asked if the City would be responsible for
lake protection and fire protection in the area if it were annexed.
Svehla replied that Denton would probably be requested to help.
However, he felt that the Parks and Wildlife Department would
probably take control.
Mayor Castleberry stated that the Game Warden was responsible for
Lake Ray Roberts.
Council Member Cott felt that this would be beneficial for the
City. He felt it was a most important item for the future city. He
suggested developing a budget first to see how much this wOuld
cost.
City Manager Harrell stated that annexing a 1000 foot strip would
not be the same as annexing open land. This would not be dealing
with individual property owners.
Mayor Pro Tem Biles asked what advantage this would be to have the
city limits in the middle of the Lake and the'city's
extraterritorial jurisdiction in Cooke County. WhY~would the City
want to do that. The Lake seemed to be a natural barrier and if
Denton's city limits were to the dam and was only bordered .by
smaller cities, why would Denton want to go higher',into Cooke
county.
City Manager Harrell stated that the City limits was alreadyat the
Lake. A policy decision the Council needed to make was.diditmake
sense for Denton to be the controlling voice as urban deve!opment
occurred on the north side of Lake Ray Roberts.
Mayor Castleberry stated that equally important was the protection
of Lake Ray Roberts and the prevention of pollution in the Lake.
Mayor Pro Tem Biles felt that the issue was why the City wou!dwant
its extraterritorial jurisdiction in the Lake.
Mayor Castleberry stated that the City had a large investment in
the Lake and should control it. The County was very antiquated on
sewer systems, etc. and had no mechanism in placeto handle such.
Council Me, er Young felt that the City should annex the area to
control what was developed in the area.
Council Member Krueger felt that the City did not have the type of
control it thought it had. If the City moved its city limits there
but had no infrastructure, the control could not be done properly.
Lake Ray Roberts Planning and Zoning Commission could control the
City of Denton City Council Minutes
July 21-22, 1995
Page 6
area as it should be.
Svehla replied that the larger tracts of property were being
subdivided and that was when the City had control. There was more
and more activity in the area. The Council would have to decide
where the boundaries of the City wouldbe.
Bob Nelson, Executive Director for U~ilities, stated that just by
having the prOPerty in theextraterrit°rial ~urisdiotion thelCit~
would have the ability to exercise septic tank rules and
regulations,' Currently an acre of area was needed in the
extraterritorial jurisdiction before a septic tank was required.
The public water system, required a quarter acre for subdivision..
Herb Prouty, City Attorney, stated that if the City did not extend
the ex~raterritorial jurisdiction there might be problems with
enforcement. Systems would develop but not develop in a form
~compatible with the City's system.
Council Member Brock asked what would be the immediate cost to the
~ .'( City ~if'the area was annexed.
Svehla,replied that costs would be minimal,"if any. at ail." There
might be calls fOr police or fire but thosewould ~every small.
Nelson felt.:that these' were issues
.With, i.The County now was requiring
staf~review. Ifthe area was annexed,
review. .
~ asked
~. S eh19 replied ~t would .do,better
-'~works::Depar't~ent was cOlleCting allO£
~'the area Was being subdiVided.
asked for an explanation from Denton.
Svehlareplied that that was done bythe request.of the
who wanted to go into Sanger's ET-J r&th~r than'.be in
Aubrey did the same thing. They annexed a strip
was illegal and then annexed bypetition..: A decision'
the Aubrey issue and Whether the east side of the
be a good dividing line. The staff's-positi°n wa
east Side of the river/green belt.
~City Manager Harrell stated that six votes on
neededtobegin the annexation to the middle of the Lake,
woUld have to be willing to proceed or the
would proceed ahead of Denton.
City of Denton City Council Minutes
July 21~22, 1995
Page 7
229
Mayor' Castleberry stated that he would be in favor of the
annexations.butWas not willing to go through what happened'With
theother annexations proposed last year. Last year the Council
agreed to prooeedwith some annexations within the City and then
did nothave the votes when necessary.
Council Member Brock stated that last s-mmer the annexations were
presentedas possibilities. Council did notreceiVe any cons with
,.thOse a~exa~i~.s and whencounCil became aware of those!¢O,s, it
cOUld not[: proCeed. -- '
This',itemWas considered later in the meeting.
Fire Station Location
John Cook, Fire'Chief,-presented maps indicating fire zones~ithin
The State Board of Insurance used a 1.5 mil. ~ zone
key rate ISO
up
did not
areas on the south side
City Manager Harrell stated that when' the Council was faO~dWith
the pr°po~.t~o,ilof building a new station, the' citY~iwa'Si~n
eoonom~period~o£'~i~ime which could noti ~uPplY the°~e~a~io~-.and
maintenan~e',oOsts!~o open the station. ~e P'~lic~- debate-i!the
CoUncil Went through at the timewas whether there a way'ito~!~se
existing resources and open the station. CounCil looke~
response circles to provide coverage. The problem was that---with
Central there was amajor overlap with the other stations.
made a decisiOn at that point in time, frOm a CoSt-.effaot~~',
City of Denton City Council Minutes
July 21-22, 1995
Page 8
to transfer that manpower to the new station and toclose Central.
Now Council'would b~ discussing whether or not t° reoPen'ce"traI~'
If central Was reopened and Put back on line, there w°u~d be an
overlap even with the new standard. Relocating Central would be
possible as opposed to the current Central which would spread the
coverage factor out and allow the shifting of the overlap to ~the
next station.
Cook stated that now that Denton had grown to its
station in the downtown area might not be 2
a good building, excellent location and could be used
options.
Mayor Castleberry asked if 85-90% of the'cal[swere EMS calls.
Cook replied that there was an increase volume of calls ~n the EMS
side which was greater than fire calls. Fire calls were influenced
by the weather.
Council Me~ber Cott asked if the out-of-Denton calls were cost
separated.
MaYor Pro Tem Biles asked if the IOOF site Was big
through the median at Carroll.
Cook replied that there was already a median cut
The downside of that lot was that it was
it would beneoessary to do some
to b~ stopped when there was a call.
Council Ne~_ber Krueger asked for the funding scenario
station.
Cook stated that the latest estimates were
square foot and a new station could be
City of Denton City Council Minutes
July 21-22, 1995
Page 9
half million dollars. The utilities werealreadyOnsite ~nd.the
City/owned the PrOpertY; There Currently was~$200,O00'~inl''the
res~rve~fund as a down~ayment for the elation. There hadbeen '
discussion regarding the Electric Utility Departmentusing Central
for a communications department.
City Manager Harrell stated that staff was not
forf ane~i'stati~n.at this point i~ timebut,
underetand~.theimP!ications of opening Central
permanent b&sis, ~here would be implications on future
andma~tenance oostson fire coverage.
Mayor Pro Tern Biles a~Sekreed t~.at ifa new station was opened, hOw
many 'stations would th r be ~
Svehla replied there would be 6 stations.
City ManagerHarrell stated that there would k~
station~3as'the.new Station woUld provide
at:¸
231
C°unCil Member Krueger stated that heWal
,StatiOn but Was~nOt ln ~a~Or of~issui.o ~ :i~iicat~' o~; ~
Mayor castle~r~Osked ~f a new station
~Cook~ state~ that Sta~on 5 was us~ for ~
e~ipment. A new station WOUld ~ closer ,~
of Denton City Council Minutes
21-22, 1995
10
Mayor Castleberry felt that it was not right for fire f~ghters to
~e'worki~g on their own vehicles while on du~y. Hefelt i%Was'bad
Publicrelations for the City.
Council Member Young felt that it was bad for fire fighters to be
out playing tennis while on duty.
Cook replied that playing tennis was part of their physicalfitneSs
sChedule~
~ity Manager Harre11 stated that work schedules had beenmodified
in Order to be aware of public perception. Those activities Were
doneafter the normal work shift for regular employees.
Police/Fire Computer
CounCil Member Young left the meeting.
'Mike Jez, Chief of Police, stated that in 1994 certificates of
obligat~on were approved for the purchase of a combined fire/police
which had beenincreased
'the .needs of the Municipal
In addition
care. This was an
sO that
',was=eceiVing
' he 'officers
nfor a OnwOuld p
:inthe pOl~cevehiOles. Such
GIs SYstem.
process of looking
lookingat the two systems and
final pricing information.
Council Member Cott asked how the Court of
Jez stated that Municipal Court and
working well. The paper work involved was causing
Department was looking for these kinds of .app]
these processes more efficient.
Council Member Young returned to the meeting.
City of Denton City Council Minutes
July 21-22, 1995
Page 11
Mayor Pro Tem Biles asked if the emergency vehicle on the street
would'have a terminal to access' the informa%ion °rW0uldtheye-still
have to make a request from the dispatcher.
Jez replied that that would depend on the availability of funds-for
the'system.
City Manager Harrell stated that initially it would.no~beP0ssible
to put a terminal in all of the cars.
Jez replied correct and that he was concerned about the0osting of
the system and the way the process was developing~
Cook stated that a fire vehicle wouldbeable toac0eSs'information
as to what might be on the premises.
Mayor Pro Tem Biles stated that the Court:system'would not be able
to access background information from the police .side/and' visa
versa.
Jez stated that
this ~
every
variousstatutesand
the same respect', an
possible.
Council Member
in
of the
City Nanaqer Harrell stated that.
and indicate what could bePurchased
Lona'Ranae Comnuter Study
Greg Gal~
233
Numerous users had stand alone
and retrieval lacked
printed information into other
information to diskette
copy _
Strengths o£ the current system included-the
a showcase system which
computing, DYNIX was a recent
technology 'and a public safety
consideration. Numerous islands
City as funding had been secured for~
purchases. The user commun~tywas
currently in place. The current
the technology curve. -'In some cases
July 21-22, 199§
Page 12
and ~
' ut ' the
or'fixes no longer occurring~
consultants and
the
Director for
;federal were of ~
-':'Onewas ':Act of
assesslthe-n~turg:of unmanaged runoffa.d to
~rOgram~to'~ad~$s any identified problems
mUnicipalities of 100,000 'or
industrial activities to obtain federal
.~!:-~qumlitY.of'tbeir storm water
· City of Denton City Council Minutes
July 21-22~ 1995
Page 13
Pollutant Discharge Elimination System. The Texas Water Code
reqUired all cities with 5,000 Population or greaterto establish
water pollution control and abatement programs. The Storm Water
Utility' Advisory Committee was formed in 1990 and Was ohargedtO
establishing Water
review and evaluate the nece~sity of a storm
management Utility for the City and submit an evalUatiOn'to: the
Public Utilities Board which would include a rec°mmendati°~ of
whetherthe City should pursue the establishmentofsuch a uti~'}t¥;
ShoUld theCommittee recommend theestablishmentof said~utiii~Y,~
the Committee'.woUld providerecommendations tothe publiCUt~lities
Board" on the best meth°d fo= implementing said UtilitY~- The
committee felt that the Council Sh~ld Pursue'theestabl!S~entof
a storm'water utility and thatthebest-methodfo~..aSse~sme~'wa~
t° aS'~ess a 'fee based on impervious acreage. COuno~l::~0n~idere
the recommendations ofthe committee inCluding arec°mmendationto
reduce Property tax at the time the storm water-utility was
impl~ente~. The issue was tabledafter considerabledeba~e'.The
Pl.a~m~,g and Zoning Commission and V~Sloning-~ W°u!d-~.be/'maktng
recommendations re~arding this issue Pi.us ~he ~l~oming'bond
electiOn was anoth~r issue to consider in connec~ Wi~h-this
item. It was felt that this ite~ should be constdered:'b~:f~e the
>:::bond .election.
stated that~
235
from a
.be
: stated if the
base and charged $2 per
improvements could be done.
City Manager Harrell stated that that wOuldbe for .a residential'
base. The larger amount of dollars would cOme
base Which would address the impervious
advantage to Denton was the tax exemptproperty
to the problembut:did not contribute tosolvingthe~prob~m'w°uld
be included.
Council Member Brock stated that at first she opposed ~othesto~
water utility as she felt it was premature as cities thes~ze of
Denton would not h~ve to compl~ plus she had ~°me:-;oOn~erns
City of Denton city Council Minutes
July 21-22, 1995
Page 14
regarding the proposed rate structure. Several things had happened
since then to perhaps change her mind.
Mayor Pro Tem Biles asked how much time would be needed to
implement this utility.
DuBose stated that the Council could take as much time as
necessary. Public hearings and public education would take the
most time.
Mayor Castleberry stated that had this passed before the City would
be further ahead in drainage. In the past he had been in favor of
the utility but now was in favor of lowering taxes and was not sure
if he was still in favor of the utility. He was for lowering taxes
and was not ready to raise fees.
Nelson stated that the rate looked at before was $1.43 per month
per home and $14 per acre for parking lots.
DuBose stated that that was for status quo with no provision for
any future projects.
Council Member Miller suggested bringing the issue back as soon as
possible before the CIP for consideration.
Mayor Pro Tem Biles felt that this was a fabulous approach and
citizens probably would have no problem with this type of utility
issue. He was concerned about the rates and would like more
accurate numbers to reflect current operation and maintenance and
debt issue.
Council Member Krueger felt that citizens would be willing to pay
the extra fee in order to not have the drainage problems currently
in the City.
Council Member Cott stated that the fee would be for all homes and
businesses including tax exempt.
DuBose replied correct. The fees would have to be looked at again
to update the figures.
council Member Miller stated that the utility could be set up
without any fee structure. If Council had gone ahead and done that
a fee could be imposed at any time. Council needed to decide if it
wanted the utility and then determine the fee structure.
Solid Waste Master Plan
Bob Nelson, Executive Director for Utilities, stated that the solid
waste master plan had been studied for a long time. Major issues
of the plan dealt with the landfill expansion and some form of
recycling activity.
City of Denton City Council Minutes
July 21-22, 1995
Page 15
Howard Martin, Director of Environmental Services, stated that in
January 1994 a citizen committee representing a cross section of
the community started to develop a solid waste management plan to
address waste disposal issues. A variety of alternatives were
looked at from doing nothing, to maintaining what was currently
done, to a high tech operation. A goal for the Committee was to
look at recycling which would provide 50% waste diversion over a 20
year period. The Committee established expenses for each
alternative, program revenue, assessed the worth of the landfill
which would not be used over the 20 year period and established a
net worth of each alternative. The Committee recommended a phased
approach. A long range solid waste management plan was recommended
which included a public education program, a recycling progran,
composting, expansion of the landfill and economic development.
The recommendation supported the development of an intermediate
processing center which would receive recycling materials only and
exclude solid waste materials. Key components of the plan included
the successful expansion of the landfill, the development of an
intermediate processing center by the year 1998 and the expansion
of the IPC to a material recovery facility by the year 2005.
Continuing the composting program to complete a composting facility
by 1996 and continue the once a week pickup for yard waste was also
recommended. Economic development activities would provide
opportunities to develop resource recovery industries which would
be located near the IPC. Research and educational program
cooperatives as well as regionalization opportunities were explored
by the Committee. Staff would continue to refine the costs
associated with the report.
city Manager Harrell stated that Phase One costs associated with
implementing the recommendations were included in the proposed
budget.
Martin stated that there was approximately $312,000 which was
associated with the recommendations in the Master Plan.
Mayor Pro Tem Biles asked for the elements of the plan.
Martin replied that the Committee had established a time line for
when specific recommendations were to take place.
Mayor Pro Tem Biles stated that he understood that curbside
recycling did not pay for itself and was not economical.
Martin replied correct. The Committee recognized that it might not
pay for itself but that residents were willing to pay an extra
charge to have that service provided.
City Manager Harrell stated that there had been some change in the
past months as prices for recycling had increased.
Martin stated that the plan was to maintain a drop box program for
everything except for those items which would be picked up at the
237
238
City of Denton City Council Minutes
July 21-22, 1995
Page 16
Mayor Pro Tem Biles questioned going to a dirty MRF if the City was
not going to recycle those materials.
Martin stated that that was some of the flexibility which was
available. A problem with plastics was their weight and
transportation. A materials recovery center could be re-evaluated
every three - five years and keep that flexibility to change
direction on what to recycle.
Council Member Young stated that recycled newspaper was $5 a ton
and going up. The feasibility of recycling plastic was down.
Recycling was done to save place in the landfill and to slow down
the pace of cutting trees down. He asked if the City would be able
to recover methane gas from the landfill and would the City be
competing with private business with this venture.
Martin replied that the City could recycle methane off the landfill
but the issue was one of the volume of gas produced. With the size
of Denton's landfill, unless the City was forced to do so, it would
not be cost effective. As far as competing with private business
in recycling, the City would have to compete for recycled products
with other private businesses. Private businesses would be after
the commercial waste stream the same as the City.
City Manager Harrell stated that if the Council made a decision to
go forward with the intermediate processing center, the City would
evaluate the possibility of partnering with a private provider to
make that facility possible as opposed to doing it only by the
City.
Council Member Brock stated that one reason for acquiring land
around the current landfill was not just for expansion but for the
possibility of having private industries which would be
manufacturing from the recycled materials. If Denton was a
regional center other cities would find it to their advantage to
bring materials to the City's center.
Council Member Miller asked if the budget assumed curbside
recycling for newspaper.
Martin replied correct.
Council Member Miller stated that the tipping fees for outsiders
had been increased and asked if there had been a drop-off in
service.
Martin replied that that had worked well and the people targeted
had left which had allowed for a drop in ¢u~i¢ yards.
City Manager Harrell stated that another factor for the
intermediate processing center was the ready work force to work in
the center.
City of Denton City Council Minutes
July 21-22, 1995
Page 17
Council Member Young asked for the number of new jobs associated
with the center.
Nelson replied that there would be three contract people for
maintenance and fifteen people for contract labor.
Bolivar Water
Bob Nelson, Executive Director for Utilities, stated that large lot
subdivision activity, some with platting and some without platting,
had increased considerably in Denton's ETJ and in Denton County in
general over the last year. Denton County had recently stepped up
its review activity concerning subdivisions that had not been
platted. A good deal of subdivision activity was taking place in
the area between IH35 and Sherman Drive. Development in this area
raised a major and immediate issue regarding water service. In
1976 Denton was issued a Certificate of Convenience and Necessity
by the State to be the single provider of water and sewer service
in much of the area north of Denton. Denton's subdivision
regulations allowed the use of wells and septic tanks in the ETJ as
an alternative to extending water and sewer lines so development
could take place without the extension of Denton water and sewer
lines. Bolivar Water Supply Corporation had started extending
small lines into the area without a Certificate of Convenience and
Necessity (CCN) in the late 1970's. Last year the Texas Natural
Resource Conversation Commission awarded the Corporation a single
CCN status along and within 200 feet of the Corporation's existing
water lines which had been installed along most roads in the area.
Denton had proposed duel CCN status in the area but the
Corporation's financial supporter would not loan money to the
Corporation if its service area was not single certified.
Thereafter, Denton adopted the policy to strictly adhere to state
law wherein the Corporation would serve the water in their single
certified area and Denton would enforce the subdivision rules and
regulations, particularly as it related to water service, in the
ETJ where Denton was singly certified. This meant that any lots
platted in Denton's single certified CCN, which was any lot more
than 200 feet from an existing road, would need to drill a well and
get appropriate approval for a septic tank. The reason for this
policy was to prevent expansion of substandard development,
including water systems, that Denton would later be required to
upgrade. These upgrades were very expensive and were paid with
Denton citizen tax or utility revenues when the area was annexed.
Staff would continue to apply Denton's subdivision rules and
regulations in the ETJ and protest the Corporation's extension of
their water lines in Denton's single CCN area unless the Council
gave new directions.
city Manager Harrell stated that a policy issue was the concern
that if substandard systems were allowed to be established at some
point in time that area would be brought into the City and there
would be problems with that system.
239
City of Denton City Council Minutes
July 21-22, 1995
Page 18
Nelson stated that the problem was that to upgrade the system to an
urban system would be very costly. If it could have continued to
serve a rural type of system, it might have been reasonable.
Consensus of the Council was to not allow Bolivar to extend its
lines and to enforce subdivision regulations.
TMPA Issues
Bob Nelson, Executive Director for Utilities, stated that there
were several items connected with TMPA. (1) TMPA coal conversion
at the Gibbons Creek Plant. TMPA provided Denton with 65% of its
energy requirements. Through conversion to Powder River Basin low
sulfur coal and through streamlining operations with consequential
operating cost reductions, TMPA demand plus energy costs should be
reduced to below $.04/KWH. (2) Amendment to Power Sales Agreement
- TMPA's power sales contract prohibited upgrading of Spencer units
or purchasing a long-term power supply from other utilities.
Revision of the power sales contract that would give Denton the
flexibility to pursue these options was presently stalled at the
TMPA Board due to Greenville's disagreement on a fixed cost
allocation rate. (3) TMPA Rate Savings - under proposed burning
of Powder River Basin coal and streamlined plant operations, TMPA's
rate would drop to $.04/KWH in 1996. The TMPA Board would be
considering establishing a new rate structure reflecting the
decreased operating costs. A question to consider was should the
rate be dropped to its member cities or should the rate be kept as
it with cash income generated by TMPA placed in a funding source
for bond defeasance. (4) Future Relationship with TMPA cities -
As the TMPA cities brought costs under control at Gibbons Creek
with a definition on how Gibbons Creek was operated in order to
reduce costs to member cites, Denton's relationship with other TMPA
cities would be examined. Other issues dealt with the retail
wheeling, flexible rates to customers, and future power projects.
With no further business, the meeting was adjourned.
CITY OF DENTON CITY COUNCIL MINUTES
JULY 22, 1995
The Council convened into the Annual Planning Session of the City
of Denton City Council on Saturday, July 22, 1995 at the Marriott
Solana, Westlake, Texas at 8:45 a.m.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Krueger, Miller and Young.
ABSENT: Council Member Cott
1. The Council received a report, held a discussion and gave
staff direction regarding requests from various organizations to
receive hotel occupancy tax funding.
City of Denton City Council Minutes
July 21-22, 1995
Page 19
241
Mayor Castleberry stated that there was approximately $31,000
additional Lalor funds available for consideration, and that
Council should make an allocation for civic renovation and place
the funds in reserve.
Council Member Miller stated that Council should leverage the
funds, hold those in receipt of the funds accountable, and allow
the organizations one year to demonstrate their ability to manage
the funds effectively. Those organizations receiving the funds
should meet the legal test under the law and standards and
expectations should be established by the Council up front.
A discussion was held among the Council that funding should be
allotted to those organizations which worked actively to promote
and support tourism and development. An additional consideration
should be that the organizations be in Denton County and bring
tourism to Denton.
Young motioned, Brock seconded to increase the reserve by 1% to
$5,000. On roll vote, Miller "aye", Young "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Miller motioned, Young seconded to allocate the rest of the funding
as stated below in the form of one-year contracts. Additionally,
the Legal Department would ensure all recipients meet the
requirements for receipt of Lalor funds and insurance requirements
should be waived.
Main Street
Black Chamber of Commerce
Denton County Amphitheater
ArtsFestival
Historic Landmark Commission
$15,000
$ 5,000
$ 3,000
$ 2,000
$ 1,000
On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
iNNIF~R WAL~ERS
TY ~ECRETARY
CITY OF DENTON, TEXAS
With no further business, the meeting was adjourned at 10:00 a.m.
CITY OF DENTON, TEXAS/
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