Minutes February 13, 1996203
CITY OF DENTON CITY COUNCIL MINUTES
February 13, 1996
The Council convened into a Closed Meeting on Tuesday, February 13,
1996 at 5:15 p.m. in the civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and'Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate -- Under TEX. GOV'T.CODE Sec. 551.072
1. Discussed the acquisition of property for expansion
of the City's landfill.
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
1. Considered and deliberated the appointment of an
Assistant Municipal Judge for the Denton Municipal
Court of Record.
2. Discussed and deliberated the duties and evaluation
of members of the Municipal Court staff and the
employment agreement of the Municipal Judge.
The Council convened into a Work Session on Tuesday, February 13,
1996 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. Presentation of the Comprehensive Annual Financial Report for
the year ended September 30, 1995.
Kathy DuBose, Executive Director for Finance, stated that George
Scott, Deloitte and Touche, was present to review the report for
Council.
George Scott, Deloitte and Touche, stated that the firm's opinion
of the financial status of the City was unqualified and was a clean
opinion. The opinion held that the financial statements, as of
September 30, 1995, were a fair representation of the financial
position of the City. The audit was performed in accordance with
general accepted auditing standards and with government auditing
standards. During the course of the audit, the firm received
excellent cooperation from City staff. All requested documents
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February 13, 1996
Page 2
were made available to them. There was no disagreement with
management as to the proper application of accounting principles
and methods. The Single Audit Report was a series of reports
addressing various applications of Federal law and State
regulations as well as internal control areas. Those reports
indicated that no situations were identified in the internal
control environment which might have been a material weakness nor
was there any instance of noncompliance. The Report to Management
addressed ways and ideas from the firm to enhance the control
environment.
Kristin Newman, Controller, presented an overview of the report as
presented in the agenda back-up materials.
Mayor Castleberry stated that this was a very good financial
report.
2. The Council received a report and held a discussion regarding
the results of the 1996-97 City Council budget priority
questionnaire.
Jon Fortune, Chief Finance officer, stated that Council had
completed the questionnaire several weeks ago and this was the
results of the Council's responses.
council Member Miller stated that he was surprised to see street
construction and street maintenance higher on the ranking than
police protection and fire prevention/EMS.
Mayor Pro Tem Biles stated that the 6.71 on street construction and
street maintenance indicated that Council had indicated that those
were to have a new effort.
Fortune replied that it was opposite of that ranking.
Council Member Krueger felt that it was difficult to rank these
items on any type of ranking system.
Mayor Castleberry stated that this was the sixth time for him to
see this questionnaire and streets and drainage had always been
Number 1. This was essentially the same priorities as the citizens
had.
Council Member Miller felt that safety and crime prevention was
important.
Mayor Castleberry stated that he had heard more about pot holes and
streets.
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Acting City Manager Svehla stated that!<the ranking depended on
whether or not there would be excess fUnding in July when the
budget was first discussed. If he understood the Council's
priorities, street maintenance and construction would be a priority
before any improvement in fire prevention.
Council Member Brock stated that she had expressed a concern a few
weeks ago about the Council viewing the questionnaire in the same
manner. She felt it was important to agree on what the different
rankings meant.
Acting City Manager Svehla stated that ~Until there was a bad
financial report, staff would continue on the same program. The
ranking would be used to work on the programs for Council
consideration.
3. The Council receive a report and held a discussion regarding
the use of South Lakes Park for a new D.I.S.D. middle school site.
Ed Hodney, Director of Parks and Recreation, stated that this was
a concept of a joint project between the City and DISD.
Discussions were held over the past several months on the needs of
the DISD for a new middle school. The decision and funding was not
in place at this point in time to purchase a new middle school.
This was a merely a concept for the Council to consider. The DISD
had suggested that a piece of South Lakes Park would be an ideal
location for a new middle school.
Mayor Pro Tem Biles left the meeting.
Hodney continued that there were many details which still needed to
be worked out. A proposed location was near the Londonderry Street
area. The DISD owned a twelve acre site across Teasley Lane but
they needed more acres for a middle school than the 12 acres. The
proposed site encompassed six acres for a school building serving
approximately 1000 students, access to the site and p~rking for 250
vehicles. The site did not include the other facilities which the
district would construct if it had to buy a site for a middle
school. Other facilities would be built on land which would remain
park land. South Lakes Park was purchased with 1986 bond funds.
Because State funding was included in the purchase of South Lakes
Park, the State of Texas would be another party to include in this
arrangement.
council Member Cott questioned that if the bonds were paid off, how
were State funds involved.
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Hodney replied that the State funds were in the development phase
of the project. The State funds accounted for approximately 50% of
the development costs. The rest of the money was city money.
Mayor Pro Tem Biles returned to the meeting.
Council Member Miller stated that the proposal would include 12
acres which would be devoted to outside recreational facilities
adjacent to the school which would still be park land.
Hodney stated that anything outside the six acres required by the
DISD would be on park land.
Council Member Miller questioned whether the improvements scheduled
in the CIP for South Lakes Parks would be effected by the proposal.
Hodney stated that they would compliment each other and would not
be duplicating anything which the DISD would build for its use.
The sequence of events for the proposal would be to (1) receive
Council approval of the concept; (2) finalize the site and
facilities design; (3) determine the land requirements for the
school and related facilities; (4) determine mitigation for the
land; (5) establish an appraised value for the park land; (6)
approval of the proposal by the Texas Parks and Wildlife for the
conversion plan; (7) hold a public hearing on the proposed use of
park land; and (8) final conveyance of the land.
Council Member Young left the meeting.
Council Member Krueger asked what advantage this proposal would
have for the DISD.
Dr. Dean Anthony, DISD, stated that the first advantage was that
the location was exactly where the school needed to be located.
Another advantage was that the District would only have to buy 6
acres of land as opposed to fifteen acres. There was a plan to
build two gymnasiums, one with outside access with a location for
a city office and City storage.
council Member Krueger asked why the building would have such a
design.
Council Member Young returned to the meeting.
Hodney reDlied that the Park Board was not making that requirement.
The 1986 bond program had a recreation center a~ pa~t of the
original program. The concept was that one day a gymnasium would be
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February 13, 1996
Page 5
needed and related programming space. This came as a suggestion
from the DISD.
Acting City Manager Svehla stated that the proposal was appealing
to the City for more dual use of the facilities. If that was not
done, at some point in time there might be duplicate gymnasium
facilities in that area.
Consensus of the Council was that it appeared to be a good concept.
4. The Council receiVed a report and held a discussion regarding
the amendment of ordinance 95-180 changing the SR and SRW rates for
residential wastewater service to establish a new rate schedule.
Council Member Krueger left the meeting.
Bob Nelson, Executive Director for Utilities, stated that
wastewater rates were established by looking at the average water
usage of December, January and February. That established the
usage for the wastewater rates for March through to the next
November. The actual usage was used for December. This year had
been very dry with a minimal amount of rainfall.
Council Member Krueger returned to the meeting.
Nelson continued that due to the dry weather people had to water
more in December which resulted in a higher actual usage and a
higher wastewater bill. Staff was proposing to make a correction
to the wastewater formula. For December of 1995, the average which
was already established would be used unless it was lower. If a
customer paid more, a credit would be given on the next bill. To
fix the problem, staff was recommending, except for the 1996 year,
to use January and February as average. In the future either the
actual or not to exceed 50% of those months or 50% below those
months would be used. That would be used for the average and would
be extended through to March of 1997. If a customer was above or
below 50% of that average, the old established average would be
used for that particular month and to set the average for the
future months. He felt this would be a fair formula for the
customers.
Council Member Cott stated that the City would be using the rate
payer's money for approximately 11-12 months without paying them
interest. He felt that that was wrong and that the City needed to
pay interest on that money.
Nelson stated that for the December 1995 bill, where a customer
exceeded the average that they were paying prior to December, a
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February 13, 1996
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credit would be given starting in the first week of March.
Mayor Pro Tem Biles stated that the wastewater billing was being
considered a function of water consumption. The City was billing
customers on wastewater based on their winter water consumption and
therefore not on the high summer rates.
Nelson stated that even in normal domestic uses, the assumption was
used that 98% of the water going into a home went back out as
wastewater.
Mayor Pro Tem Biles stated that January and February would be left
in the formula. What would happen if that same circumstance
happened in January.
Nelson replied that for this year the volumes in January were not
excessive nor did February appear to be high. For the future
years, the formula would be altered so as to not have such large
fluctuations.
Consensus of the Council was to proceed with the proposed
ordinance.
5. The Council received a report and held a discussion regarding
the City Council and City Manager appointments to a Diversity Task
Force and the process for the work of'the Task Force.
Tom Klinck, Director of Human Resources, stated that at the
Council's January 16th meeting, Council approved a resolution
outlining the mission of the Diversity Task Force and established
the criteria for forming an 18 member task force to study diversity
issues. The Council would appoint two members each for a total of
fourteen and four members, employees of the city, would be
appointed by the City Manager.
Council Member Miller asked if it was known how often the task
force would meet, when it would meet, and how long the meetings
would be.
Klinck stated that initially the Task Force would have a ha3f day
of diversity awareness training and a half day of strategic
planning. After that there would be 6-9 monthly meetings to study
the specific issues and to develop solutions and recommendations.
There would be periodic reports to the Council. Objectives of the
Task Force would be to study selected issues, provide
recommendations, and coordinate with the internal Work Force
Diversity Task Force. Issues to consider would include workforce
issues, hiring and promotion issues, diversity hiring issues,
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February 13, 1996
Page 7
relationship between police and communitY, language issues, race
relations in the community and city, university student issues, pay
and pay increase issues, and contract and bidding policies.
Consensus on the Council was to place the item on the next agenda
for appointment consideration.
6. The Council received a report and held a discussion regarding
the addition of the Pledge to the Texas flag to the city Council
meetings.
Consensus of the Council was to return wi~h ordinance for Council
consideration.
7. The Council received a report and held a discussion regarding
an amendment to the Council's Rules of Procedure relating to
"calling the question".
City Attorney Prouty stated that Council had a proposed ordinance
which amended two sections of the Council's Rules of Procedure -
"Demand for a roll call" and "Previous question". The changes
would allow every Council Member at least one opportunity to speak
on each item before debate was ended by either demanding a roll
call vote or calling the previous question. Another matter was the
procedure for calling the previous questions. The Council had not
been following the procedure set out in the rules. It required a
motion, a second and a 3/5ths vote. This ordinance would make sure
that every Council Member had the right to speak before the ending
of debate.
Mayor Pro Tem Biles stated that each Council Member should be
entitled to speak but the problem was when one or more council
Members went on and on.
Consensus of the Council was to return with the proposed ordinance.
8. The Council received a report, held a discussion and gave
staff direction regarding a possible meeting and/or dinner with
Bruton Smith for a report on the Texas Speedway.
Council Member Young felt that the Cityneeded to capitalize on the
speedway to better Denton's economics. He suggested the Council
host a dinner for Mr. smith and members of his team. The speedway
would be an economic boost to the area and Denton should make sure
that its economics was increased.
Mayor Castleberry suggested a luncheon rather than a dinner.
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Council Member Cott stated that the Council need to be careful of
spending the taxpayers money. If Betty McKean and Ken Burdick, who
were both in charge of economic development, hosted a coffee, he
would not have a problem at this point in time. He was not sure of
having a dinner or lunch.
Council Member Krueger stated that once every three months the
Council had a lunch with the DISD to discuss future projects. This
might not be a Council project as much as an economic development
project. He had talked with Mr. Smith who indicated that he had
not been contacted by any City officials and had expressed an
interest in becoming a good neighbor with Denton. He did not feel
this would be a wasteful expense of the taxpayer's money. The
Council could have a presentation from the Speedway and then have
a tour of Denton.
Mayor Pro Tem Biles suggested that Betty McKean and Ken Burdick
meet with the Economic Development Board as well as with Council
and jointly explore either a luncheon or a trip to the speedway.
The Economic Development Corporation could be the host rather than
the Council but have the Council there also.
Mayor Castleberry felt that a tour of the City would be
appropriate.
Following the completion of the Work Session, the Council convened
into a Special Call Session in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council considered and accepted the resignation of the
Assistant Municipal Judge and appointed an Assistant Municipal
Judge for the Denton Municipal Court of Record.
Mayor Castleberry stated that the Council had received a
resignation from Nancy Jessee.
Miller motioned, Brock seconded to accept the resignation. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
2. The Council took the following official action from the Closed
Meeting Items:
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A. Miller motioned, Young secondedlto extend the contract of
Tanya Cooper as Alternate Municipal Judge until July 31, 1996. On
roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
B. Miller motioned, Krueger seconded that in order to handle
weekend arraignments, weekend arraignments would be authorized with
a per diem payment of $104 per day and that be incorporated into
Judge Ramsay's contract and any subsequent Alternate Judge's
contracts. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye",i~ and Mayor Castleberry
"aye". Motion carried unanimously.
C. Miller motioned, Krueger seconded to authorize Judge
Ramsay to work with the Human Resources Department to proceed with
the recruitment and screening for two alternate judges and make a
recommendation to the City Council of one finalist judge for each
of the alternate judge positions. On roll vote, Miller "aye", Young
"aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 7:55 p.m.
NNI-~R WALTERS
TY SECRETARY
CITY OF DENTON, TEXAS
BOB CASTLEBERRY, TE~A
CITY OF DENTON,
ACCO02EB