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
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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.
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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.
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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.
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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