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Minutes August 15, 1989CITY OF DENTON CITY COUNCIL MINUTES AUGUST 15, 1989 The Council convened into the Work Session at 4:00 p.m. in the Civil Defense Room. PRESENT: ABSENT: Mayor Stephens; Council Members Gorton, Hopkins and McAdams. Mayor Pro Tem Ayer; Council Member Boyd Alexander, the Services/ Economic Processing, Word Insurance, Library, Building Operations. Lloyd Harrell, 1989-90 budget. budget due to situation with insurance costs. The Council held preliminary budget discussions with following departments: General Government, Municipal Development, Operations Analysis, Data Processing, Personnel/Pay Plan/Health Parks & Recreation, Recreation Fund, and City Manager, presented an overview of the He stated that this budget was a difficult inflation increases, the current economic a lag time in property taxes and health He stated that the budget would be balanced within the current tax revenues of the city with only a three cent tax increase. One cent was needed to keep even and two cents would be for public safety related expenses. City Manager Harrell then presented the General Government Administration Budget. He stated that funding was for the City Manager's Office staff, the City Secretary, the City Council expenses plus an Internal Auditor. The budget reflected a 2.3% increase which included a citizen survey for the next year. Changes in the City Manager's Office budget included a reduction of $2,000 out of Council meals, a ~5,400 reduction in copying costs and a reduction of all line items. City Manager Harrell also presented an update regarding Certificates of Obligation. He stated that there were four categories of Certificates anticipated for the next year (1) vehicle maintenance building, (2) lease/purchase capital items, (3) geographic information system, and (4) telephone system. Staff recommended that the vehicle maintenance building could wait if necessary if Council was concerned that too many Certificates were out. Betty McKean, Executive Director of Municipal Services/Economic Development, presented the Municipal Services/ Economic Development budget. She stated that there was a 6% increase in her budget from last year, one half of which was a desk top computer. Personal services were increase due to satisfactory performance increases, TMRS, and a 50% insurance rate increase. She reviewed the line items of her budget. Fixed Assets included a desk top computer for use by her Administrative Assistant. The North Texas Commission membership was not included in the budget and would be looked at the following year. 91 City of Denton City Council Minutes August 15, 1989 Page 2 Council Member Alexander expressed concern about not funding that membership. He felt the focus of the Commission was changing and that Denton may need to continue membership in that organization. Mayor Stephens suggested that perhaps as the Chamber was changing, the Council might want to see if part contributions could be used for membership. revenue of the Council Member Hopkins asked that City Manger Harrell and Council Member Alexander provide the Council with pluses and minuses for membership in the North Texas Commission. The Operations Analysis budget was presented by Paulette Owens-Holmes. She stated that the budget presented a 48% decrease from last year. The Program Administrator position would be moved from Operations Analysis to the City Manager's Office as an Internal Auditor position. She reviewed the line items for the budget. Gary Collins, Data Processing Director, presented the Data Processing Administration budget. He stated that the budget was status quo except for a position for a Data Base Administrator with the GIS system and one remote controller for the Service Center. His budget was up 7.7% from last year due to those two items. Collins also presented the Word Processing budget which was 2.8% below last years budget due to no equipment purchases for next year. The maintenance vendor was also being changed which was a lesser cost. He stated that the department was working with old equipment and technology but due to budget limits, could not afford more advanced equipment. Tom Klinck, Personnel Director, presented the Personnel budget. He stated that personal services were $7,000 higher due to merit increases, a 50% increase in insurance rates plus staff turn over requiring the hiring of temporary employees. He reviewed the line items of his budget and stated that they would spend under or right at the dollar figure requested by the City Manager. The Council then recessed at 5:00 p.m. for dinner The Council reconvened at 5:30 p.m. Tom Klinck then presented the compensation and benefits proposal. He stated that salaries were compared to actual market averages and the City's were maintained at a midpoint to those averages. Salary increases were recommended in the following categories: Executives, Management/Supervision, Office/Support at 2.5% and Technical/Paraprofessional, City of Denton City Council Minutes August 15, 1989 Page 3 Professional, Police, Fire, and Service Maintenance at 4%. Mayor Stephens asked why Office/Support was so low. Klinck replied that those salaries were close to market value and the midpoint of those salaries. City Manager Harrell stated that in a normal budget year, the salaries for Office/Support and Management/Supervision would not be recommended for an increase as they were so close to the midpoint. Council Member McAdams was concerned that the pay increase for the majority of the Office/Support staff would not cover the probable insurance increases for next year. Klinck stated that other benefits proposed were an update of the TMRS Service Credits, funding the remainder of the compensation/classification study, and fire pension increases. The Health Insurance situation was then presented by Klinck. He reviewed the background of the situation and the alternatives of the two proposed plans for the employees. (See Exhibit A). City Manager Harrell asked Council permission to proceed with both alternatives so as to negotiate the best deal with the area doctors and hospitals and present Council with an update in two to three weeks. Consensus of the Council was to proceed with staff recommendation. Joella Orr, Library Director, presented the budget for the Library staff. Of major concern was the fact that the County was reducing its contribution for next year. The preliminary County budget was for $93,000 worth of funding. The Library Board was recommending that if the County would only come up with the $93,000, the funding should not be accepted. The board recommended unanimously that an annual fee of $30.00 plus a $2.00 per transaction fee, be charged County patrons. Council Member McAdams stated that the City underfunded by free library service to County that a fee should be charged. was already residents and Consensus of the Council was to proceed with the Library Board recommendations. 93 City of Denton City Council Minutes August 15, 1989 Page 4 The Parks and Recreation budget was presented by Steve Brinkman, Director of Parks and Recreation. He stated that the budget would be a status quo budget. Several new positions were being requested including a full-time secretary, a half-time recreation leader and a two position median maintenance crew. Council held a discussion regarding the time schedules for median mowing, right-of-way mowing, and park mowing. Council Member Alexander asked if the equipment were sufficient for all the necessary mowing. Brinkman replied for the next budget year, yes. However, the following year some additional equipment might be necessary. Brinkman included cleaning cleaning. then presented the Building Operations budget which changes in insect/rodent control, Senior Center and the Martin Luther King, Jr. Recreation Center The Recreation Fund budget was also presented by Brinkman. He stated that the basic budget was the same as last year. A philosophical issue of administrative fees was being dealt with by the Park Board. Some modifications were being looked at. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: ABSENT: Mayor Stephens; Council Members Gorton, Hopkins and McAdams. Alexander, Mayor Pro Tem Ayer; Council Member Boyd. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for the approval of a first amended concept plan for Planned Development District No. 132, as the District applies to the 414 acres of land described in Ordinance No. 88-166; approving a detailed plan for 184.2 acres of the District, as more particularly described herein. Z-89-0003 (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. City of Denton City Council Minutes August 15, 1989 Page 5 Alexander Bascom, RMB Realty, stated that since receiving zoning last October, the team had worked closely with staff to develop the proposed concept plan. The objective for the past 10 months had been to present an application well supported by the Planning Commissioners and staff as well as neighborhood/ citizens groups. Important considerations were (1) the density had been reduced from 3.7 dwelling units per acre to 2.8, (2) the reduction in the number of lots was 126 or 24%, (3) the school/park tract 13 was increased by 9.1 acres, (4) although the Landscape Ordinance allowed for removal of trees in right- of-way and utility easements without permit, Lakeview Blvd. had been moved eastward to protect an important clump of trees, (5) three different landscape buffers were included and were reflected on the documents along Upper Swisher and Pockrus Page and Lower Swisher across from Chapperal Estates in the form of six foot fences and specified plant materials acceptable to the various neighborhoods, (6) channelization in-between the school/park tract 13 and tract 14 was deleted upon staff request, (7) tracts 11, 12 and 15 (neighborhood service/ multifamily/school-park) were not being detailed at that time, (8) utilities had been designed to satisfactorily service the project. Molly Hyde, a resident of Hidden Valley Airpark, spoke in opposition. Her property was adjacent to the RMB development. She stated that residents of the Hidden Valley Airpark did not realize that the development would extend to their boundaries. She asked the Council to consider their concerns (t) the cul- de-sac on the southern end of Creek Crossing Drive be replatted as a permanent cul-de-sac and not extend the road in the future (2) the homeowners and the City of Shady Shores were in opposition to the extension of Creek Crossing Drive to Meadowlark Lane. Nita Watkins, Hidden Valley Airpark, asked that the neighborhood service site, Tract 15, be relocated due to a three year old residence only 50' away from the adjoining boundary line of Tract 15. She also requested that RMB Realty, Inc. establish a buffer along all their boundaries that adjoin Hidden Valley Airpark, Inc. properties, retaining buffers of large trees along the east side of Section 2, retaining an existing grove of large trees in the TR-15 site and adding trees in areas that were bare. Mayor Stephens asked Ms. Watkins if this were new information or if that information had been communicated to the Planning and Zoning Commission. City of Denton City Council Minutes August 15, 1989 Page 6 Watkins stated that she had attended the June 21, 1989 Planning and Zoning meeting to become informed. The Association had had meetings with Mr. Bascom plus a neighborhood meeting. Mayor Stephens asked if the buffer plan had been presented to the Planning and Zoning Commission. Watkins replied no, that the idea had not been formulated at that time. Wendy Singleton, property owner at Hidden Valley stated that her property would be adjacent to the neighborhood/service center. She expressed concern the service center and possible associated noise. Airpark, proposed regarding Dan Holtman, Hidden Valley Airpark resident, requested that RMB be required to prior notify future residents of the FAA approved, privately owned and operated runway. His concern was that once people moved in and if they did not realize that an airport was operating there, the noise or the presence of aircraft might upset them. The current approach required from the FAA required flying over potential homes. Robert Sanderson, property owner adjacent to PD-132, expressed concern regarding the neighborhood service area. He preferred that it be located within the new development rather than affect the property already there. Charles Auten, resident of Hidden Valley Airpark, stated that he would like to see the road immediately behind his house be a cul-de-sac. The proposed road would go straight toward his home and then make a turn close to his home. The lights from the traffic plus the possibility of accidents associated with the turn were of concern to him. Helen Auten reiterated that fact that the road would be very close to their home and would be very disturbing. The petitioner was allowed a five minute rebuttal. Alexander Bascom stated that the neighborhood/service center tract was not a part of the process but had met with the citizens of Hidden Valley after the Planning and Zoning meeting. A plan had been entered to move the neighborhood/ service center from tract 15 to the intersection of Shady Shores and Meadowlark. They had contacted the City of Shady Shores to begin that movement and would continue to meet with the citizens to work through the process. The second issue dealing with blending of Creek Crossing and Meadowlark as it related to the temporary cul-de-sac. The cul-de-sac and the configuration of four lanes was suggested by the Denton Transportation Department and in response to that suggestion, City of Denton City Council Minutes August 15, 1989 Page 7 they designed it as such. The traffic numbers that were projected were very nominal and were much more relative to two lane traffic patterns. With the new configuration of the feeder roads as well as how Lakeview Blvd. tied into 1-35, there would be very little motivation for people to go down Creek Crossing into Meadowlark. In regards to the yard and the proximity to Creek Crossing, there was a 10-15% lower grade differential between their yard and RMB's property, which would take care of the safety point of view. The final issue brought up was the landing and take-offs of planes from Hidden Valley Airpark. In the meeting with the residents of Hidden Valley, it was determined that the landing pattern was established in 1966 due to a proposed seaport on Lake Lewisville. The residents indicated to RMB that they would have no problem in applying to the FAA to have the flight pattern altered to take off and land to the east. The Mayor closed the public hearing. Elizabeth Evans, Planning Administrator, stated that the application was for an amended concept plan on property currently zoned PD-132. The following land uses were proposed: (1) SF-10, 43.7 acres with a density of 3.2 units per acre, (2) SF-7, 119.9 acres with a density of 4.3 units per acre, (3) Multi-family, 80 acres with a density of 25 units per acre, (4) neighborhood service, 6 acres, (5) school/park, 19.1 acres, and (6)right-of-way, 20.6 acres. The detail plan was for the single-family zoned acres both SF-10 and SF-7 and the right-of-way. The proposed amended concept plan relocated the southern portion of Lakeview Blvd. The detailed plan did not include the neighborhood/service property, the multi-family property or the school/park section. In regards to questions raised by residents, Tract 15, the neighborhood/service center, was not in this detailed plan. It was scheduled for a 1995 development. Mayor Stephens asked how residents would be notified if the petitioner decided to develop the tract sooner. Evans stated that it would have to be in a detailed plan and a public hearing process would be done. At the minimum, it would go to the Planning and Zoning Commission. There was also a file which contained names for a courtesy notice to be sent on this development. The Creek Crossing Drive in the Denton city limits would serve as a collector street with a temporary cul- de-sac at Tract 15. The proposal was that as the project developed, it would be connected to the existing Meadowlark Lane in the City of Shady Shores. 97 9,8 City of Denton City Council Minutes August 15, 1989 Page 8 Council Member Alexander stated that the extension of the road would have to be with the approval of Shady Shores. He asked if there was anything in the rez0ning that would make a change in the phase-in and construction of Lakeview Blvd. Evans replied that the residential tract of 10, 14, 16, 17, and 18 would start construction November 1989. Tracts 11, 12 and 15 which were the neighborhood/service and the multi-family would start construction in January of 1997. The road would have to be built as the residential lots were along that road. The following ordinance was considered: NO. 89-101 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF A FIRST AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 132, AS THE DISTRICT APPLIES TO THE 414 ACRES OF LAND DESCRIBED IN ORDINANCE NO. 88-166; APPROVING A DETAILED PLAN FOR 184.2 ACRES OF THE DISTRICT, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, McAdams seconded to approve the request including the Planning and Zoning conditions. On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins "aye,' Gorton "aye," and Mayor Stephens "aye.' Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas amending various sections of Chapter 26 (Vehicles for Hire) of the Code of Ordinances; amending the definition of waiting time; amending the requirements for liability insurance; and amending the maximum rates authorized to be charged. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Ha~lan Jefferson, Risk Manager, detailed the rate changes and stated Denton Taxi had requested a rate increase due to property tax appraisal, an increase in fuel costs, an increase in auto insurance premiums and that fact that there had not been an increase in at least 9 years. City of Denton City Council Minutes August 15, 1989 Page 9 99 The following ordinance was considered: NO. 89-102 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING VARIOUS SECTIONS OF CHAPTER 26 (VEHICLES FOR HIRE) OF THE CODE OF ORDINANCES; AMENDING THE DEFINITION OF WAITING TIME: AMENDING THE REQUIREMENTS FOR LIABILITY INSURANCE; AND AMENDING THE MAXIMUM RATES AUTHORIZED TO BE CHARGED: PROVIDING FOR A MAXIMUM PENALTY IN THE AMOUNT OF $500.00 THEREFORE; AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for a change from Agricultural (A) to Commercial (C) zoning district classification and use designation for 2.473 acres of land, located east of and abutting 1-35E and west of the MKT Railroad, between Pockrus-Page Road and Shady Shores Road, as more particularly described herein. Z-88-023 (The Planning Commission recommended approval.) The Mayor opened the public hearing. A1 Lissberger, petitioner, stated that the property was being planned for automotive service use. The property had the TPL power lines on it and the railroad behind it. The proposed use would be for general service and retail, perhaps warehousing or possible office. The property was not usable for residential use. Paul Bensu, owner of the Sherwood Mobile Home Park, spoke in opposition. He was concerned about the auto paint/body shop being built on the property due to the paint fumes and noise from the shop. Jeanne Morrison, Beautification Task Force, stated that this property was located at a ma~or entranceway for the City. The commercial uses being proposed might detract from the major entrance appearance. The petitioner was allowed a five minute rebuttal. City of Denton City Council Minutes August 15, 1989 Page 10 Lissberger stated that there was a railroad within 100' of the mobile home park and that certainly was much noiser that the shop would be. A paint booth and filter system would be installed for the painting of the cars. Parking would be in back and not in front of the shop. The type of cars to be painted would not be wrecked cars. The Mayor closed the public hearing. Frank Robbins, Executive Director of Planning, stated that this would be a moderate activity center with direct access to 1-35 service road. Only one driveway would be allowed and the existing driveway which served a home would be removed at a later date. The Planning and Zoning Commission had recommended approval by a vote of 6-0. Council Member McAdams stated that she had no problem with the use but had a problem on how the property would look in regards to the City's beautification plan. She asked why there was no mention of a planned development instead of straight commercial zoning. Robbins replied that a planned development was started but that it couldn't be pulled together. He felt that the Planning and Zoning Commission for this case felt that the landscape/tree preservation and curb cut ordinance would be effective to keep the property attractive. Council Member Hopkins asked that since the zoning was not a planned development, could the Council put restrictions on the zoning such as parking in the back, shrubs, etc. Was their only option to approve or not approve the zoning. She had no problem with the commercial zoning but wanted to know if Council had any legal rights to put specific requirements on the zoning beyond what ordinances were in effect. Robbins stated that additional restrictions would not be added at this time. The landscape ordinance did require that 20% of the front yard be landscaped. If there were a parking lot in front, the parking lot would have to have a four foot shrub or berming combination. Council Member Alexander stated that there was an existing house on the property and that as straight commercial zoning, there could be no requirement placed to have it demolished. Robbins stated that was correct. City of Denton City Council Minutes August 15, 1989 Page 11 Council Member Alexander stated that he had very strong reservations for a straight commercial zoning for the property considering the commitment the Council had for the beautification program. Council Member Gorton asked if a specific use permit would be substituted for the commercial zoning. Robbins replied that the kind of proposed use would not be authorized by a specific use permit. Mayor Stephens asked if the proposal could be referred back to the Planning and Zoning Commission for a planned development. McAdams motioned, Stephens seconded to refer the proposal back to the Planning and Zoning Commission for a planned development with the petitioner's consent. Debra Drayovitch, City Attorney, stated that the issue was the usage of land and that should be the first and foremost consideration. The petitioner should be in agreement with the planned development concept in order to refer the proposal back to the Planning and Zoning Commission. Lissberger stated that originally a planned development had been worked on but due to the small amount of area and the restrictions already in place with various ordinances, a planned development was not really necessary. After discussion concerning charges for the submission of a planned development and a time frame for the submittal of the planned development, Mr. Lissberger stated that he would not be opposed to referring the matter back to the Planning and Zoning Commission for a planned development. On roll vote to refer the petition back to the Planning and Zoning Commission for a planned development with the petitioner's consent, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "nay," and Mayor Stephens "aye." Motion carried with a 4-1 vote. D. Council held a public hearing and considered approval of a preliminary replat and replat of the Forrestridge Addition, Section III, Lots 29, 30 and 31, Block F; into 29R and 31R, Block F. P-89-018 (The Planning and Zoning Commission recommended approval.) Council Member Gorton left the meeting. 101 The Mayor opened the public hearing. 102 City of Denton City Council Minutes August 15, 1989 Page 12 No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Owen Yost, Urban Planner, stated that the property was zoned SF-16. The developer desired to divide three lots into two lots. McAdams motioned, Hopkins seconded to approve the request. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council held a public hearing and considered approval of a replat of the W. W. Wright Subdivision, Lot 2, Block 6 into Lots 2A, 2B, 2C, and 2D, Block 6. P-89-011 (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Owen Yost, Urban Planner, stated that there were four homes located on one large lot. The replat would divide the lot into four smaller lots which would allow for easier eventual resale of the homes. Council Member Gorton returned to the meeting. McAdams motioned, Alexander seconded to approve On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," and Mayor Stephens "aye." unanimously. 2. The Council received a citizen's Jim Chisolm regarding access to his property. the request. Hopkins "aye," Motion carried report from Wade Lilly stated that in about 1971-72 there was a 20 acre development built on East McKinney Street. There were 7 specific lots to be developed and one existing lot. At that time, the County required that the owner of the existing lot widen the road to allow appropriate proper access to the homes to be built. A land swap took place along with a deed transfer Jim Chisolm requested that Wade Lilly be allowed to speak first regarding the item. City of Denton City Council Minutes August 15, 1989 Page 13 103 to allow for access to the property. Unfortunately, the deed was never filed with the County Courthouse. It had since been filed. John McDonald, who owns .721 acres, had decided that he had ownership of the property in question and filed for a fence permit. He had since erected an iron fence down what had been the middle of a road used by the residents in the area and by the School District. He was not sure what the City of Denton and the City Council could do for them but would like to work out some type of compromise. Jim Chisolm stated that he had lived on the road since 1964. He stated that the fence restricted his livelihood and business, endangered the lives of his children and grandchildren and his customers. It was the only access road to the property. The City graded the road in May as he could no longer afford to maintain the road himself. Nothing was said to any of the residents what was about to happen. Mr. McDonald stated that he was fencing only his property but there was no fence anywhere else on his property. He stated that it was in violation of state law to close or restrict traffic on any public or private thoroughfare. He was concerned that someone might get killed due to this situation. Mayor Stephens questioned jurisdiction by the City. Debra Drayovitch, City Attorney, stated that the deed documents and plats provided by Roger Wilkinson, Right-of-Way Agent, indicated that the road was described as a private road or private access easement. There was no expressed dedication of the road and it was very difficult to determine any implied dedication. The City would be open to legal action if it decided to treat the road as a public road at this point in time. There were several alternatives to pursue if the Council so desired but the evidence presented at this time did not reveal that the road was a public road. The County had never accepted the road or took any action in that respect either. Council Member Alexander inquired about state law that would prohibit someone from closing either a public or private road. City Attorney Drayovitch stated that there were specific references to blocking or barricading a public road but that she had not examined the statutes regarding private roads or access easements. Council Member Alexander requested that she check into that matter further. Council Member McAdams did not see any reason for the City to be involved in the question as it was all on private property. She did not believe the law would allow the City to go onto private property without.the owner's permission. 104 City of Denton City Council Minutes August 15, 1989 Page 14 Consensus of the Council was to refer the matter to the Legal Department to determine whether or not the City had any legal jurisdiction in the matter. 3. The Council received a citizen's Cliff Reding regarding the city sign ordinance. report from Cliff Reding stated that he recently was given a ticket for a portable sign he had on his property. A recent wind storm had damaged one of his portable signs which he took into a shop to have repaired. One of the City's Code Enforcement Officers saw him moving the sign and told him that he could not put the sign back even though he had taken it in to be repaired nor could he replace the damaged sign with a new sign. He felt that it was not the intent of the ordinance not to be able to repair the sign and return it to the site repaired. He asked the Council to consider an amendment to the sign ordinance to allow the signs to be taken off-site, repaired and then returned. He felt that if signs could not be taken off-site to be repaired, then sign owners would just leave them in place damaged rather than risk loosing the site for the sign. Lloyd Harrell, City Manager, stated that the ordinance read that the sign shall not be removed to make repairs. It was the City's staff intention regarding enforcement of the sign ordinance, that the provisions of the sign ordinance be followed but not to take unnecessary punitive action against the sign owners. Cecile Carson, Administrative Analyst, stated that with the sign ordinance, non-conforming signs were treated the same as non-conforming buildings. The sign owners were required to maintain the sign but the work had to be done on-site. It was a practical problem because a repaired sign could be replaced with a new sign. Consensus of the Council was to review this issue along with other questions dealing with the sign ordinance at the yearly evaluation of the ordinance. 4. The Council was to receive a citizen's report from Norma Gamble and others relating to the N. Bonnie Brae project, drainage, health hazards to citizens, and the City tree ordinance. The Gamble's withdrew their request to address the Council. (Exhibit B) City of Denton City Council Minutes August 15, 1989 Page 15 Consent Agenda McAdams motioned, Hopkins seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid ~1001 - #2 Triplex Cable 2. P.O. #91737 - WESCO 3. P.O. 990805 - J&S Equipment 4. P.O. ~91695 - Motorola B. Tax Refund: Consider approval of a tax refund for Rita L. Glasscock for ~967.95. C. Plats and Replats: Consideration of a preliminary plat of the Lissberger Addition, Lots 1 Block A. (The Planning and Zoning Commission recommended approval). Consideration of the preliminary replat of the Marg-Sam Subdivision, Tract 1, part of Tract 2, and adjacent unplatted land into Tract lA and lB. (The Planning and Zoning Commission recommended approval.) e Consider a preliminary plat of the Southview Addition; Section 1 and 2, being Phase iA and Tract 10 and 15 of Phase lB. (The Planning and Zoning Commission recommended approval.) Council Member Gorton asked for a reconsideration of the Consent Agenda in regards to the preliminary plat of the Lissberger Addition. Gorton motioned, Alexander seconded for reconsideration of the Consent Agenda. Motion carried unanimously. Council Member Gorton asked if the preliminary plat should be referred back to the Planning and Zoning Commission as the original zoning request had been referred back. 105 10 6 City of Denton City Council Minutes August 15, 1989 Page 16 Frank Robbins, Executive Director for Planning, stated that the plat could be approved as presented but it might be cleaner to refer the plat back. Council Member Gorton asked that 5.C.1. be pulled from the Consent Agenda. McAdams motioned, Alexander seconded to approve the Consent Agenda with the exception of item 5.C.1. Motion carried unanimously. McAdams motioned, Hopkins seconded to refer item 5.C.1. back to the Planning and Zoning Commission along with the zoning request. Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to execute a contract between the City of Denton, Texas and the Texas Department of Community Affairs for the City's Administration of an Emergency Shelter Grants Program. Barbara Ross, Community Development Coordinator, stated that the resolution would approve the contract with the Texas Department of Community Affairs under the emergency shelter grants program. The following resolution was considered: RESOLUTION NO. R89-052 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR THE CITY'S ADMINISTRATION OF AN EMERGENCY SHELTER GRANTS PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," and Mayor Stephens "aye." Motion carried unanimously. 7. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. City of Denton City Council Minutes August 15, 1989 Page 17 The following ordinance was considered: NO. 89-103 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. Gorton motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was considered: NO. 89-104 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," and Mayor' Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was considered: NO. 89-105 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. 107 108 City of Denton City Council Minutes August 15, 1989 Page 18 McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton, Texas and H.O.P.E., INC. to provide assistance for the homeless; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 89-106 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND H.O.P.E., INC. TO PROVIDE ASSISTANCE FOR THE HOMELESS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye,~ Hopkins "aye," Gorton "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Freese and Nichols, Inc. relating to professional engineering services for the design of modifications to the City's raw water pipelines and cleaning thereof; and authorizing the expenditure of funds therefore. (PUB recommended approval.) Bob Nelson, Executive Director of Utilities, stated that the water lines from Lake Lewisville had never been cleaned which decreased the water capacity. Freese and Nichols would design major input devices along the way to clean the scale off the pipes. The following ordinance was considered: NO. 89-107 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FREESE AND NICHOLS, INC. RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF MODIFICATIONS TO THE CITY'S RAW WATER PIPELINES AND CLEANING THEREOF; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 15, 1989 Page 19 Alexander motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance approving an agreement between the City of Denton and the Denton Chamber of Commerce providing for a program to promote economic development; and authorizing the expenditure of funds therefor. Betty McKean, Executive Director of Municipal Services and Economic Development, stated that the original payment structure was a 2-1 private sector/public sector match for funds. As the months went by, the Chamber submitted their monthly revenue report and the Finance Department would issue a check based on the 2-1 match. This however, created a cash reserve problem for the Chamber. The ordinance would smooth out the administration of the money with lump sum payments. The following ordinance was considered: NO. 89-108 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," and Mayor Stephens "aye." Motion carried unanimously. 8. The Council received a report on the status of the Keep America Beautiful certification process and discussed the goals of the Keep Denton Beautiful program. Jeane Morrison, Chair-Beautification Committee, stated that the Committee was in place and presented some of the goals/accomplishments of the Committee: a program was being started in the schools for "Waste in Place", sponsors were being sought for more trash receptacles around Denton, recycling of newspaper, cans and glass was being worked on, October was to be designated "Clean Denton Month", an "Adopt-a-Spot" and "Adopt-A-Street" program, the "Yard of the Month" program and the Committee had been speaking to various clubs and organizations regarding City beautification. 109 110 City of Denton City Council Minutes August 15, 1989 Page 20 Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. There would be a formal groundbreaking ceremony Tuesday, August 22 at 4:30 p.m. for the new fire station. B. The Customer Service extending its hours until 6:00 p.m. 10:00 a.m. - noon on Saturday for services to new residents. Department would be during the week and from the month of August for C. A public recognition to Barbara Ross for all of her work in the homeless grant project. 10. New Business The following items of New Business were suggested by Council Members for a future agenda: A. Council Member Gorton suggested neighborhood meetings to receive citizen input on issues they are concerned about. B. Council Member McAdams requested information regarding alarm companies and weather related triggered alarms. C. Council Member McAdams requested concerning the replat change in procedure. information City Manager Harrell stated that the ordinance could be change regarding replats. The current ordinance read that the Council must approve replats. The Council could require the Planning and Zoning Commission to approve replats rather than the Council, then the Council would not have to go through the public hearing situation. 11. The Council convened into the Executive Session to discuss legal matters (considered action in In re: Flow and Denton County vs. City), real estate, and personnel/board appointments (considered appointments to the Board of Adjustments, Building Code, Cable TV Advisory Board, Citizens Traffic Safety Support Commission, Electrical Code Board and Human Services Committee, and consider an appointment to the North Texas Higher Education Authority). The Council reconvened into open session and took the following action: City of Denton City Council Minutes August 15, 1989 Page 21 A. Hopkins motioned, Alexander Jay Anderson to the North Texas Higher Motion carried 5-0. seconded to appoint Education Authority. With no further business, the meeting was adjourned at 11:18 p.m. 1 11 RAY ST~.~S, M~OR CITY O~DENTON, TEXAS COY SEORETARY CITY OF DENTON, TEXAS 3148C 112 EXHIBIT "A" ATTACHMENT 4 FJWPLOYEE HEALTH INSURANCE PROGRAM ALTBRNATI VBB COMPARISON OF ADVANTAGES/DISADVANTAGES GOOPBRS & LYBRAND SELF-iNSURANCE PLAN RE-STRUGTURB VS. SANUS/NEN YORK LIFE HMO/FULLY-INSURED PLAN CITY PLAN RE-STRUCTURE ,SANUS/NEM YORK LIFE PLAN DESIGN Three Employee Options: I. Catastrophic Ouly -80%/20%; $250 Indv Deduct/S2000 Out-of-pocket Maximum -Covers Hospitalization, Emergencies and Out-patient Surgery ONLY -NO DOCTOR GOVRRAGE II. Exclusive Provider Organisation -$15 Co-pay Doctors; $100/day Hospital $100 Surgical procedure -All other medical services - 80%/20% $250 Indv Deduct/S5000 Out-of-pocket Maximum -Current Prescription Drug and Vision Benefits -MUST USE PROVIDER NETWORK III. Gomprehenslve Plau -80%/20%; $250 Indv Deduct/S2000 Out-of-pocket Maximum -Current Prescription Drug and Vision Two Employee Options: I. HMO Only -$15 Co-pay Doctors; $400 Co-pay Hospital -Covers most medical care; NO Prescription Drugs, Vision or Counseling (Use only designated Doctors and Hospitals ) II. SANUS PLUS -Indemnity Plan - 80%/20%; $400 Indv Deduct/S5000 Out-of-pocket Maximum (Use ANY Doctor or Hospital) Prescription Drugs-S50 Deduct AND/OR -HMO Plan $7 Co-pay Doctors; $275 Co-pay Hospitals (Use only designated Doctors and Hospitals) 113 CITY PLAN RE-STRUCTURE { 9ANUS/NEW YORK LIFE PROVIDERS DOCTORS/HOSPITALS Denton Area Doctors and Hospitals - ????? - to be negotiated Dallas/Ft. Worth Doctors -Non-network Dallas/Ft. Worth Hospitals - ???? -to be negotiated Limited Denton/Lewisville Doctors - currently 10 Denton Community Hospital Dallas/Ft. Worth Doctors -Extensive Network Dallas/Ft. Worth Hospitals - All HCA Facilities CITY CONTROL Full Control within Financial { I'. Contractual provisions Limits; flexibility PER CENT COST/RATE CHANGE FROM CURRENT RATER (see Attachmeltts 2 and 3) I. Catastrophic Only I. ~MO Only* 0% +26% +30% +27% Employee Only Employee & Spouse Employee & Children Employee & Family II. Exclusive Provider Organization Employee Only +$ 4 Employee & Spouse +69% Employee & Children +80% Employee a Family +61% I[I. Comprehensive Plan Employee Only +$ 75 Employee & Spouse +212% Employee & Children +272% Employee & Family +178% Other Costs: City "At-Risk"; protected by Individual/Aggregate Stop-loss Insurance; potential plan deficit No insulation future rate increases; may face same financial dilemma next year Employee Only Employee & Spouse Employee & Children Employee & Family II. SANUS PLUS* 0% +11% -13% + 7% Indemnity Plan and/or HMO Employee Only +$ 18 Employee & Spouse +85% Employee & Children +52% Employee & Family +86% s$20 Ins. Suppl. to "off-set" prem increase or "~ocketed" Other Costs: City "out" of risk business Possibility of "capping" next year's rate increase 114 CITY PLAN RE-STRUCTURE SANUS/NEW YORK LIFE OTHER CONSIDERATIONS Must negotiate contracts with Doctors and Hospitals; no guarantees Catastrophic Plan lacks Doctor Coverage Rates do not build surplus above claim reserve Not affordable to rank and file, lower paid employees ElK) cheaper than SANUS PLUS, except in Employee & Children Category Catastrophic Only - increased rates, reduced benefits Provides three options Convenience of local Doctors and Hospital employees are familiar with City employees continue to "fight" the need for education and importance of "managed care"; re: conclude that we will be in same "crisis" next year Provides "some" doctor coverage for City's proposed Catastrophic Plan Ready to proceed; can initiate open enrollment much sooner HMO - negative image Limited Doctors in local area and questionable ability to deliver more Favorable rates that would allow more employees a rate reduction and there for ~ higher net pay increase Affordability; rate reduction for basic employee and dependent health care needs Preventative Health Care provided SANUS experience and references - outstanding Employees mu~ learn and practice "managed care" or pay additional vremium Degree of inconvenience to' ensure cost effectiveness Control mechanisms and procedures established and enforced insalt2.prn 8/10/89 5:lOp 3 EXHIBIT "B" 115 August 15, 1989 TO: FROM: SUBJECT: DENTON CITY COUNCIL, DENTON, TEXAS NORMA LYNN GAMBLE AND GENE GAMBLE P. O. BOX 1441, Denton, Texas 76202 SHOWN AS ITEM NUMBER 4 ON THE CITY COUNCIL AGENDA. We respectfully withdraw our request to address the City Council, tonight, August 15, 1989, in order to continue to show good faith in working with both the City Officials and members of the City Council.