Minutes September 26, 1995432
CITY OF DENTON CITY COUNCIL MINUTES
September 26, 1995
The Council convened into a Closed Meeting on Tuesday, September
26, 1995 at 5:00 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT:
1.
None
The Council considered the following in a Closed Meeting:
ae
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Discussed contemplated litigation concerning the
denial to rezone 3.753 acres from SF-7 to 0 zoning
on the south side of I35-E and Lindsey Street.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into a Work Session on Tuesday, September 26,
1995 at 5:30 p.m. in the City Council Chambers.
The Council considered Agenda Item ~4 from the Special Call
Session.
4. The Council received a resolution of appreciation from the
Blue Ribbon Sales Tax Advisory Committee.
Tom Harpool, chair, stated that the Committee would like to present
a resolution to the city Council in appreciation for the Council's
actions to reduce the property tax again this year as per the sales
tax process. The resolution was unanimously approved by the
Committee on September 8th.
The Council returned to the regular agenda order.
1. The Council received a report and held a discussion regarding
the establishment of a Racial Diversity Task Force.
city Manager Harrell stated that this was an item which came out of
the Council's planning session and was a Council priority to
establish this task force. This Council was an ambitious Council
and wanted to get things done and accomplished. One problem which
staff was beginning to experience, however, was that staff liaisons
had to staff all of these committees and tasks. That support on
special projects was in addition to their daily tasks. Currently
the CIP election was underway; staff was working on the drainage
utility item which had been revised and included more staff
responsibility for the tasks; the vision Project was nearing a
major activity; an Economic Development Corporation had just been
appointed with staff being asked to assist that group to gather
information; and the Planning and Zoning Commission would be
city of Denton City Council Minutes
September 26, 1995
Page 2
update of the Denton Development Plan. Staff was nearing the stage
where some projects needed to be completed before more projects
were added and he asked for Council support in this area.
Tom Klinck, Director of Human Resources, stated that per Council
direction at the August 31, 1995 Council meeting, staff prepared
information on the background, purpose, scope and committee
membership for such a task force. The purposes would be to examine
the awarding of contracts to outside vendors for services, to study
city personnel policies and practices in recruitment hiring and
promotion activities, pay practices and pay raises and State law on
the civil Service system of police officers and firefighters. It
was decided that each Council Member would appoint three members
and the City Manager would appoint four members to the Committee.
The Committee could hold two initial meetings, one to have the
Committee members learn of Council's desires concerning the
Committee and a second meeting to appoint a chair and receive
training in cultural awareness, group process techniques and assign
sub-committees. The sub-committees could deal with recruitment,
hiring, and promotional practices; pay and pay raises; civil
Service; and the awarding of contracts. The Committee would
develop a final report and recommendations for the city Council.
Staff support was estimated to be one and a half clerical support,
one professional support and associated costs for copying and
supplies.
Council Member Young asked if the Committee would be charged with
studying whether or not a police review board was needed.
Klinck stated a civil Service sub-committee could be assigned that
activity.
Council Member Cott stated that the need for this task force had
not been proven in the last few years and felt that this inferred
that current staff was doing something wrong. He felt that this
was not needed and was divisive. There were not enough incidents
which called for this committee and there was no reason to have
someone defend himself over this issue. He recommended not to
proceed with this committee.
Mayor Castleberry stated that initially he was interested in
proceeding with this committee in order to bring to light what a
good job was already being done. He felt that the establishment of
a task force would imply that things were not being done correctly
and also that the cost for the committee was great. There were
many projects going on at this time. He felt there was no reason
to spend time on this committee.
Council Member Young stated that one of his issues in his seven
point plan was to increase awareness of the need for minority
hiring and promotion within the City of Denton. The history of
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City of Denton City Council Minutes
September 26, 1995
Page 3
hiring and promotion within the City of Denton. The history of
minority employment in the City was poor and an increased awareness
would help promote minority staffing and help understand the
problems in the City. The Committee would come back with a
solution which had not been done before in Denton and which was
needed. People in his district wanted this and he was in favor of
this task force.
Young motioned, Krueger seconded to adopt the Racial Diversity Task
Force.
Council Member Krueger stated that everyone would be naive if they
thought that Denton had no problems in this area. He did not know
if there was a problem in Denton but felt that this task force
would help focus on this area. There might be minor problems which
could turn into big problems later on.
Council Member Miller stated that in principle he was in support of
looking at diversity. He was concerned that the way the proposal
was being constructed and comments he had heard that there was a
preconceived notion that there was a problem. This was being done
to look for problems, not to look at what was being done right.
Looking to promote diversity was one thing as opposed to being more
divisive. The Denton Intercultural Association was working to
promote opportunities for individuals in Denton. He had an uneasy
feeling about this Committee at this time as he felt it was born
out of accusations rather than looking at the practices of the
City. He did not see anything at this point that the Committee
would be a constructive endeavor.
Council Member Brock felt that it would be worthwhile to have a
study of this sort but was concerned with the many different
committees in progress at this point in time. Staff and citizens
were working on many issues. She suggested postponing the
Committee for a while in order to get citizens to work on the
issues without taxing them too much.
Mayor Pro Tem Biles hoped that such a report would show that the
City was doing a good job in this area. He felt that currently the
City was diverse in many areas such as race and gender. He shared
the concern of making more appointments to yet another City
committee at this point in time. He did not feel the suggestion to
form this committee came from a preconceived conclusion. He was
also concerned about the cost of such a task force at this point in
time. Because of the financial burden and the overuse of
volunteers, he suggested a delay in forming the Committee for a
time in order to get some of the other committee's work completed
and perhaps look at the issue after the first of the year.
Council Member Young stated that he wanted staff and Council to
understand that this was not his own idea. This was a minority
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September 26, 1995
Page 4
435
that it was not fair to them. He was elected by the citizens and
they wanted him to find out if they had been treated fairly. He
could understand that there were many committees going on at this
time and could understand to wait until the first of the year. His
mission was to find out the answers to this issue. This was from
all of the minority population in the City of Denton. People would
not accept the fact that there was no problem.
Brock suggested a friendly amendment to postpone the issue until
the first meeting in January. Biles seconded the amendment.
Young and Krueger accepted the friendly amendment to the motion and
second. On roll vote, Miller "aye", Young "aye", Cott "nay",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"nay". Motion carried with a 5-2 vote.
2. The Council received a report and held a discussion regarding
a proposed interlocal cooperation agreement to establish a Lake
Safety Council.
Rick Svehla, Deputy city Manager, stated that the City had received
a letter from the County asking for an agreement to coordinate law
enforcement on Ray Roberts. The city of Lewisville felt that the
proposal made sense to have cohesiveness for a Lake Safety Council
and an idea of how to channelize the law enforcement. Lewisville
did express a concern about collection of fees. Their staff and
committee reviewed the proposal and recommended to their Council
that if and when fees were considered, that it be a separate issue.
city Manager Harrell stated that there was also a similar agreement
with Lake Lewisville. The County was proposing to enter into both
of these agreements.
Council Member Cott asked about the city's position on liability.
Svehla stated that the proposal held any law enforcement officials
and their agency responsible for acts done by them.
Herb Prouty, city Attorney, stated that there was a provision in
the agreement where all public entities waived claims against one
another. The city would assume a slight risk of liability if it
entered into such an agreement.
Council Member Krueger stated that he had spoken with Judge Moseley
and others who were trying to create an safer environment at Lake
Lewisville. The Council would be remiss to not get in on the
ground floor on this issue. There was a slight risk for liability.
Krueger motioned, Brock seconded to join in the agreement.
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City of Denton City Council Minutes
September 26, 1995
Page 5
Council Member Young felt that the idea of law enforcement with
each other was the most important item of the proposal.
Mayor Castleberry asked why it was necessary to have a formal
resolution. Part of Lake Ray Roberts was in the City's ETJ and
could not some type of agreement be made without a resolution.
Svehla stated that the resolution would formalize the agreement.
The agreement made the Sheriff's office the point of contact rather
than the local entities. Texas Parks and Wildlife was also
involved and a resolution would formalize an agreement among all of
the entities.
Mayor Castleberry asked if the City would be committing to
expenditures.
Svehla replied not at this time.
Council Member Miller expressed support for the proposal because
coordination and communication was important. He felt that at some
point the City would receive a request for funding.
On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
3. The Council received a report, held a discussion and gave
staff direction regarding nomination(s) to the Board of Directors
of the Denton Central Appraisal District.
Jon Fortune, Chief Finance Officer, stated that there were five
members to the Board of Directors of the Denton Central Appraisal
District. Each taxing jurisdiction was responsible for making
nominations and ultimately voting on members to that Board. The
purpose of the action at this meeting was to receive Council's
nominations for a candidate which would be voted on at a later
meeting. Each appraisal district was allotted 5,000 votes which
were allocated to each taxing jurisdiction within that appraisal
district. Currently the City would have 256 votes with 1,000 votes
needed to be elected to the Board. Historically the City had
coordinated with the School District to be assured of having a
m~mber representing the city of Denton.
Council Member Brock indicated that the allocation had changed for
the City which now had fewer votes than in the past.
Fortune replied that the allocation was distributed based on prior
year tax levy. The City's property tax had been reduced so the
allocation had been reduced.
Young nominated, Cott seconded Mary Horn.
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September 26, 1995
Page 6
Miller nominated, Brock seconded Bill Giese.
Mayor Castleberry stated that as the City only had 256 votes it
needed to work with the DISD.
Council Member Krueger stated that Mary Horn would be the DISD
nomination.
City Manager Harrell stated that the item could be postponed for a
week in order to determine any action on the part of the DISD.
Biles motioned, Brock seconded to postpone the issue until the
October 3, 1995 meeting. On roll vote, Miller "aye", Young "aye",
Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried with a 6-1 vote.
Mayor Pro Tem Biles suggested staff research any action by the
County and DISD.
Following the completion of the Work Session Items, the Council
convened into a Special Call Session on Tuesday, September 29, 1995
in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. Consent Agenda
Biles motioned, Krueger seconded to approve the Consent Agenda as
presented. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid ~1793 - Pecan Creek Interceptor Cleaning and
Training
2. Bid ~1768 - Bank Depository Services
2. Consent Agenda Ordinances
Krueger motioned, Brock seconded to adopt Consent Agenda ordinance
2A. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger
"aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
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City of Denton City Council Minutes
September 26, 1995
Page 7
A. NO. 95-192
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. (1.a.1. - Bid #1793; 1.A.2. - Bid
#1768)
3. Ordinances
A. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and Freese and Nichols, Inc. in association with Barton-
Aschman Associates, Inc. for professional engineering services
relating to establishing impact fees for water and wastewater
facilities; and streets.
City Manager Harrell stated that during the discussion of the 1994-
95 City budget, Council included funds in both the utility and
general funds to hire professional help to analyze whether or not
the City should impose impact fees. This was the last meeting
before the start of the next fiscal year. If Council did not take
action tonight to encumber the money which was set aside in the
1994-95 budget, the funds would lapse into the fund balance and it
would be a year before this kind of analysis could be done. The
arrangement had been structured so that initially there would be a
thorough analysis by the consulting firm of the whole subject of
impact fees for a very modest amount of money and the Council could
then decide on whether to take the next step towards dealing with
impact fees. Staff felt that this was an area which deserved
careful consideration by Council. A vast majority of the larger
cities within the area had already adopted impact fees. Staff felt
Council should debate this issue as the growth wave was coming
towards Denton with a substantial amount of growth and development
in the future. The debate was whether new residents would be
responsible and help participate in the needs for growth of the
utility systems. Lacking impact fees, there was no recourse except
to have revenue sources such as utility rates and property taxes be
the funding for those utility needs.
Frank Robbins, Director for Planning and Development, stated that
the cost of the first Dhase of the study was approximately $3,400.
At any point in time Council would be able to stop the process and
the City would not have to pay for any of the projects not started.
Council Member Young stated that more than $94,000 would be spent
for consultants to study impact fees. Impact fees were anti-
business and he was totally against this. Just because other
cities had impact fees did not make it right. He felt a committee
could do this work rather than have an outside consultant. He felt
this was anti-business and anti-growth.
city of Denton city Council Minutes
September 26, 1995
Page 8
439
The following ordinance was considered:
NO. 95-193
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ENGINEERING
SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND
NICHOLS, INC. FOR ASSISTANCE WITH DEVELOPMENT OF IMPACT FEES;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
Miller motioned, Brock seconded to adopt the ordinance.
Council Member Cott stated that most revenue to the City was in the
form of a tax. The attempt here was to shift the tax to pay the
bills for development expansion from the homeowner to the
developer. He felt that adopting a fee during the year lied to the
people of the City of Denton.
Mayor Pro Tem Biles stated that the vote on this issue at this
meeting was not for or against impact fees. The vote was to
encumber funds so that Council could make a decision on whether or
not to spend any of the money. The contract only authorized the
spending of $3,400 at this point.
Robbins stated that Council was not authorizing that. There would
be another step in which a written document would be passed on the
consultant indicating the authority to begin work.
Mayor Pro Tem Biles stated that Council would be voting to encumber
the funds but would not be authorizing the expenditure of money.
Herb Prouty, City Attorney, stated that Article III indicated that
before beginning work on any task, written authorization to proceed
from the owners was necessary.
Mayor Pro Tem Biles stated that the process at this meeting was
merely a budgetary decision to allow the Council to take up the
issue during the next fiscal year. Council was not voting on
impact fees but preserving the opportunity to do so.
Council Member Young felt that $94,000 was too much to spend on
consultants. Any kind of vote on this issue was a vote for impact
fees. This would be anti-business and was just another tax. This
was not necessary nor needed at this point in time.
Council Member Miller stated that the whole idea of impact fees was
to look at up-front costs. These were very complicated issues and
there was a need for professional advice in this area. Engineers
could be put on staff to help with this issue but it would be
costly. Council needed this kind of input to make these decisions.
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City of Denton City Council Minutes
September 26, 1995
Page 9
City Manager Harrell felt that there were many things the City did
which were appropriate for citizen committees to be involved with.
If Council decided to proceed with the establishment of impact
fees, the area of engineering calculations and designing programs
was very complex and might be needed to be defended in Court.. In
some cases technical expertise was needed to make workable
programs.
On roll vote, Miller "aye", Young "nay", Cott "nay", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 5-2 vote.
With no further business, the meeting was adjourned at 7:20 p.m.
Y S~CRETARY
CITY OF DENTON, TEXAS
ACC002C0