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Minutes September 1, 1987CITY OF DENTON CITY COUNCIL ~MINUTES SEPTEMBER 1, 1987 The Council convened into the Work Session at 5:15 p.m. in the Civil DefenseRoom. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Gorton and Hopkins. ABSENT: Council Member Boyd. 1. The Council held a discussion regarding the 1987 water rate study and ordinance. Bob Nelson, Executive Director of Utilities, stated that a rate increase was necessary because of an additional charge needed for Lake Ray Roberts. The increase would amount to 8.23%. Without the rate increase and with the Lake Ray Roberts charges, the net loss to the City would be $800,000. With the increase and with the Lake Ray Roberts charges, the loss would be $112,000. Nelson then discussed the rate schedule comparing current levels with proposed levels. There would be a 7% increase in residential service and a 10% increase in commercial service. The ordinance would be presented to council on September 15th and would be effective October 1, 1987. Council Member Boyd joined the meeting. 2. The Council reviewed the proposed annexations required to reach Lake Ray Roberts. Cecil Carson, Urban Planner, reviewed the process with the Council on aerial maps of the area. Consensus of the Council was to continue with the annexations as presented. 3. The Council reviewed the 1986 estimated population by Districts and County Precincts. Harry Persaud, Urban Planner, reviewed the population in each of the City's four election districts. District four was below the minimum number of voters and District two was above the minimum number. The requirements were for the number of voters to be 5% plus/minus the total population. Consensus of the Council was to look at options available to follow the County precinct lines as much as possible. Three members of the single member districts would work with staff on the options. 245 246 City of Denton City Council Minutes September 1',~1987 Page 2 4. The Council received a presentation of the long range Fire Department equipment funding plan. John Cook, Fire Chief, stated that the plan was designed to meet future needs, replace old units and maintain the motor pool. Because of economic and budget conditions, it was not plausible to do that through normal means. New apparatus might be funded through CIP projects. An inflation factor was needed to be implemented into the motor pool. By the year 2000, the motor pool would be solvent and then replacements could be made with no negative impact on the motor pool. He suggested replacing apparatus by three means; (1) the CIP project, (2) the motor pool, and (3) a lease/purchase agreement. The lease/purchase would be a one time agreement with the first payment starting in FY'89. Lloyd Harrell, City Manager, stated that the '88-'89. budget would be affected by $40,000 and the following year, '89-'90 would also be affect by $40,000. He saw two alternatives to not proceeding with the plan: (1) replacement of equipment through CIP funds or (2) not keeping the equipment as current with the possibility of more down time as the equipment aged. Consensus of the Council was to compare specs and receive bids for three engines but to report back to Council ~'on that information before the bids were let. 5. The Council held a discussion regarding the City policy for naming park land and facilities. This item was not discussed in the work session. 6. The Council received a report regardihg the "Standards of Service for the Emily Fowler Public Library". Dr. Jean Glasgow, Chairman of the Library Board, presented the standards to the Council. She stated that the standards were quantitative and qualitative goals for the Library. She asked the Council to adopt the Standards as official City policy. The Library Board had unanimously approved the Standards. 7. The Council held a discussion regarding consulting services for determining space needs at the Emily Fowler Library. Dr. Jean Glasgow, Chairman of the Library Board, stated that a contract was requested with HBS Associates for consultation services. The short term project would be to look at a library expansion project. Should the existing building be expanded or City of Denton City Council Minutes September 1~,-~1987 Page 3 should a branch building be built. The long term project would involve a detailed long range plan for the Emily Fowler Library. Consensus of the Council was to bring the contract back at the appropriate time. 8. The Council held a discussion regarding FM 2499 from FM 2181 to FM 407. Kay Stephens, Mayor Plo Tem of Highland Village, presented the proposed route and indicated to the Council the property which had been dedicated for the project. She asked the Council for support of the proposed road from the Denton area to the Dallas-Fort Worth Airport. A resolution was scheduled for a vote later in the meeting. She asked the Council to pass that resolution to show support for the road. The Council convened into the regular meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None 1. The Council considered approval of the minutes of the regular meeting of August 4, 1987 and the emergency meeting of August 10, 1987. McAdams motion, Gorton second to approve the minutes as presented. Motion carried unanimously. '2. The Council received a presentation '~f Beautification Awards. This item was not considered. 3. The Council considered a request from the Central Business District Association to place banners over N. Locust and N. Elm for "County Seat Saturday." Banners to be installed September 2, 1.987 until September 21, 1987. Geneva Berg, President of the Central Business District, asked that the Council grant permission for the District to place banners on N. Elm and N. Locust. Hopkins moved, Alexander second to approve the request. Motion carried unanimously. 248 City of Denton City Council Minutes September 1, 1987 Page 4 ? 4. Public Hearings A. The Council considered a petition of Harold Easley requesting a variance of Article III, 4.03 (H)(2), of the City of Denton Subdivision and Land Development Regulations for a 25.7 acre tract located on the north side of Luginbyhl Road approximately one mile east of FM 2450. The property was further described as a tract in the J.C.P. Melton Survey, Abstract No. 802. Article 4.03 required the improvement of 'an 859.21 foot section of Luginbyhl Road. V-37 The Mayor opened the public hearing. Brian Burke, Burke Engineering, stated that Mr. Easley owned only 2 of the 4 lots in the subdivision which were currently being platted. Platting had been required after the subdivision had been in existence for many years. The Subdivision Regulations had a very specific set of requirements which must all be met before a variance was granted. He had gone through each of those items individually with the Planning and Zoning Commission. Luginbyhl Road, which ran in front of the property that was being platted, was approximately 6 miles northwest of Ranch Estates, the nearest City streets. The property was not in the City limits but was in the ETJ. Because it was not in the City limits, it was not indicted in the master thoroughfare plan which was one of the eight test items. The estimated construction cost of the road improvements for the 860' was $35,000 - $40,000. Two occupied houses were in the area. He felt that under the circumstances perimeter street paving was not appropriate. He felt that by the time the rest of Luginbyhl road was improved the proposed improvements would have deteriorated. ' Harold Easley spoke in favor of the petition. He stated that as far back as 1973 parts of his farm had been sold in tracts, the largest which was 15 acres. Previous tracts had been sold but the County required him to plat this particular tract. He did not have control over three of the tracts in the area, only two tracts. He felt it was not fair to make him conform with only a 5 acre tract out of 144 acres. Kenneth Stout spoke in opposition. He stated that he objected to the City going in that area and having any control at all. There was a similar problem out on Mayhill Road in which neither the City nor County claimed responsibility for the road. He was in opposition to the City going out in areas, putting controls in the areas and then not following through. 249 City of Denton City Council Minutes' September i;~;1987 Page 5 The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that Mr. Easley was requesting a variance of the City's subdivision regulations in regard to perimeter street improvements. The regulations required the improvements of perimeter streets that front along property being platted. In this case, the specific improvement required was the improvement of an 859' section of Luginbyhl Road to an estate type state which was a 24' section of pavement with no curb or gutter. The regulations stated that in the variation process neither the Planning and Zoning Commission nor the City Council may grant a variance until all eight of the conditions listed were satisfied. The Development Review Committee reviewed the petition and determined that only 4 of the 8 conditions were met. The Attorney General's office had stated that subdivision regulations applied equally to property in the City limits and in the ETJ. Staff recognized that it was a problem with lots being sold for single family housing in the ETJ. The Planning and Zoning CommissiOn had denied the petition with a 3-3 vote on August 12, 1987. Options available were to grant the variance, defer the improvements into an escrow account Or deny the variance. Council Member Gorton asked how long the bond/escrow amount was held anQ was the amount the estimate amount of construction. Spivey replied that the escrow was the pro rata share of the property owner for the pavement along the frontage of the property. The interest in the account would be payable to the City to offset inflation. If the funds were not used in ten years, the money would be returned to the property owner. Gorton asked that since there were four lots ~nd as Mr. Easley controlled only two of the lots, would the other property owners be required to pay into the escrow. Spivey replied that the property owners for each particular lot would be responsible for the paving of the frontage or the improvements of the frontage along that particular lot. Council Member Alexander asked if each property owner, even through he was not attempting to replat his particular property, be required to put money in escrow at that point. Spivey replied that either each of the property owners or if they had reached an agreement with Mr. Easley since he was submitting the plat, would be required to submit the money for the escrow. City of Denton City CoUncil Minutes September i;~1987 Page 6 Dudley Doyle, property owner, stated that the variance was only a small part of the whole road. There would not be much benefit if only half of the road were paved. Many others would have to be involved to do the whole road. Debra Drayovitch, City Attorney, stated that the Attorney General had stated the City was required to enforce the subdivision regulations uniformly both inside the city limits and throughout the ETJ. Mayor Stephens felt that it was practical to grant the variance. Council Member Hopkins stated that it was unfair to require the road and motioned to grant the variance. Council Member Alexander second the motion. Boyd motioned, Gorton second to table the variance until a consideration could be made in regards.to a possible amendment to the subdivision ordinance. On roll vote, McAdams "aye," Alexander "ayes" Hopkins "nayv" Gorton "ayes" Ayer "ayes" Boyd "aye," and Mayor Stephens "aye." Motion carried with a 6-1 vote. Be 1987-88 Annual Program of Services. The Council held a public hearing on the proposed The Mayor opened the public hearing. Eddie Woodruff, President of the Denton Fire Fighters Association, discussed the possibility of the fire fighters loosing holiday pay which equated to an almost 5% pay cut. This was not a new issue and they had relied on the Council to restore the benefit in 1984, 1985, and almo~st in 1986. He strongly urged the Council to consider option #3 presented to the Council (See attached Exhibit "A") to solve the problem forever. Ken Gold, Fire Fighters Association, reviewed a handout presented to the Council which provided three options regarding the holiday pay. Fay Nations felt that the fire fighters stood to be punished for being solid members of the City's work force. Kenneth Stout stated that the budget seemed very tight. He understood that there might be an increase in the tax rate to 11.5%. As a tax payer of the City of Denton, he was inclined to let the Council know that if the tax rate exceeded the 8% rate, there would be a rollback done in Denton. City of. Denton City Council Minutes~ September.~,~ 1987 Page 7 Charles Farmer stated that he wanted to correct several incorrect statements that were in the paper. The City Manager was quoted as saying that only one-third of the fire fighters were on duty on any holiday. That was not correct. Any holiday, two-thirds of the firemen were on duty on any single holiday. On a double holiday such as Christmas, all shift personnel were on duty during that holiday period. He felt that if money was tight and a wage freeze was necessary, everyone in the City should bite the bullet to hold the budget down. But when all ~he other departments were eligible for step raises and the fire fighters were the only ones singled out for a pay cut, he took it very personally. M. C. Burch stated that with all the ETJ territory the City had taken in, there were no extra firemen or policemen put on for that area yet the City was considering cutting their pay while giving them extra area to go over. Bill Smith asked how the fire insurance rates would be affected if the number of personnel on duty was reduced. Mayor Stephens referred Mr. Smith to John Cook, Fire Chief, for a response to that question. The Mayor closed the public hearing. Lloyd Harrell, City Manager, stated his appreciation to the members of the Fire Department for offering some alternatives that could be examined in regards to this issue. He clarified some of the issues that were raised during the public hearing. His research indicated that in both 1984 and 1985 the issue of holiday pay was raised but in an internal environment within ~the City administration as formal policies were developed for the City Council. As those policies were being developed, a draft policy was submitted to all employees for input. Problems were raised by the Fire Department as far as the proposed policy being incorrect as it spoke to fire fighter holiday pay. In both cases, the language was clarified before reaching the Council level. Some comment was made toward the management/supervisory pay plan which he wanted to clarify was part of the 1986-87 budget, not the current budget. In regard to the insurance rates, Harrell stated that it was the City's policy to never fall below the minimum staffing level that had been established as a community for fire department protection. The Mayor thanked the public for their comments regarding the budget. 252 City of Denton City Council Minutes September.l,.198~ Page 8 5. ConSent Agenda Gorton motion, Hopkins second to approve the consent agenda as presented. Motion carried unanimously. Consent Agenda ae Plats and Replats Con~ider approval of preliminary and final replat of all of Lot 1 and part of Lot 4, Block 5, of the Fry Addition. B. Tax Refunds 6. Ordinances Consider a tax refund for Merrill Lynch Relocation in the amount of $734.11. A. The Council considered approval of an ordinance approving three change orders to the contract between the City of Denton and Tonto Construction, Incorporated; approving payment in the amount of $25,055.42; and providing an effective date. The following ordinance was considered: NO. 87-145'- AN ORDINANCE APPROVING THREE CHANGE ORDERS TO THE CONTRACT BETWEEN THE CITY AND. TONTO CONSTRUCTION, INCORPORATED; APPROVING PAYMENT IN, THE AMOUNT OF $25,055.42; AND PROVIDING AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, stated that this was a change order for the water treatment plant. The Public Utility Board recommended approval. Hopkins motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "ayew" and Mayor Stephens "aye." Motion carried unanimously. 7. Resolutions A. The Council considered a resolution designating the week of October 4-10, 1987, Public Power Week. City of Denton City cOuncil Minutes September I'~;~ 1987 Page 9 The following resolution was considered: RESOLUTION NO. R87-051 A RESOLUTION DESIGNATING THE WEEK OF OCTOBER 4-10, 1987 AS PUBLIC POWER WEEK IN THE CITY OF DENTON. 253 Hopkins motion, Gorton second to approve the resolution. On roll .vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution supporting the planning and construction efforts of FM 2499. The following resolution was considered: RESOLUTION NO. R87-050 A RESOLUTION ENDORSING THE EFFORTS OF THE "2499 TASK FORCE" TO CONSTRUCT A FOUR LANE DIVIDED THOROUGHFARE FROM FM 2181 TO FM 407. McAdams motion, Boyd second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council returned to Item 2. 2. The Council received a presentation "of beautification awards. Ralph Lewis was on hand to receive his award. Unfortunately, the staff from the Parks Department had left the meeting. Council asked if Mr. Lewis could return at a later date and apologized for the inconvenience. Mr. Lewis addressed the Council. He stated that he had dealings with the Fire Department, Police Department and Sanitation Department and found them to exceed the quality of services he had ever had in any other community. Bo Miscellaneous matters from the City Manager. A. Lloyd Harrell, City Manager, presented the work session item which was not discussed earlier regarding the City policy for naming park land and facilities. 254 City of Denton City council Minutes September i,' 1987 Page 10 Steve Brinkman, Director of Parks and Recreation, presented the policy to the Council for review. B. The annual TMPA meeting would be held September 25, 1987 at Gibbons Creek. The PUB members would be attending and Bob Nelson invited the Council members to also attend. e There was no executive session during the work session. 10. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Gorton asked for a comparative analysis of itinerant merchant ordinances with other cities. B. Mayor Stephens asked what could legally be done about the distribution of handbills throughout the city. C. Council Member Ayer asked for a priority ordinance regarding soliciting money on street coiners. 11. The Council convened into the Executive discuss legal matters, real estate, personnel appointment. No official action was taken. With no further business, the meeting was adjourned. Session to and board CITY ~ DENTON, TEXAS JEnnIFER- ~ALTERS CIT~ SECRETARY CITY OF DENTON, TEXAS 2742C OPTIONS. Reserve Fund for %he ~laries of Future Fire Fi~h%ere. $1~000 SAVINC~: Needed to fund increased Recall Ovez~cime to meet and maintain ,~.mimum sta.ffing levels. $~0~000 SAVINGS: 5ack to the ~eneral Fund to help balance the 1987/1988 Budget. ADDIT~0NAL FUNDING OPTION 15 FULLY RESTORE FIRE FI(Zfl--:~R HOLIDAY ~AY FUNDS NOT C~TED NOT NEEDED $15,ooo SAVINGS NOT COM2LETEL¥ AVAILABLE. With savings of $15,000 in recall overtime, the net difference is $25,000 that will not be available. OPTION 25 PARTIALLY RF~TOP~ . FIRE FI C~'zm~ HOLIDAY PAY NOT CENERATED ROLL SAVINGS SALARY. NET SAVINGS5 $10,000 NOT COMPL~Y AVA/L%BLE. Voluntary Comp- Time will net $25,000 in savings. Plus the $10,000 savings in recall overtime totals $35.200. Net differential is $~,000 that will will not be available. ' NO FULL FUNDING FOR R~ALL 0VERTI~ STILL N-~DED COST: $15,000 NOT G~--N'~RATED , $15,000