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Minutes August 06, 1991232 CITY OF DENTON CITY COUNCIL MINUTES August 6, 1991 The Council convened into the Work Session at 4:00 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Perry, Smith and Trent. ABSENT: Council Member Chew The Council received budget presentations. Lloyd Harrell, City Manager, presented the Council with handouts which were responses to Council questions. Due to new numbers received from the Denton Appraisal District, he needed to update the Council on the budget process. The certified roll from the Appraisal District was down $92 million from the preliminary certified roll. That resulted in $670,000 of revenue that had been lost based on the preliminary roll. As the Finance Department put the budget together, it was anticipated that there would be a drop between the preliminary roll and the final certified roll. In the submitted budget, there was already an estimate of $360,000 lost due to the differences between the rolls. The problem was that the budget submitted to Council, funded with the proposed tax .levy, was $310,000 short of where it needed to be. During the budget process, that amount of money needed to be found in either new revenue or by cutting expenditures by that amount. All of the pay plan adjustments were factored to go into effect on January 1, 1992. If that were moved to October 1, 1991, it would take an additional $170,OOO. Council Member Chew joined the meeting. Options for dealing with the shortfall included: (1) roll supplement - $140,000 which was additional money received from property under protest as supplemental fundings, (2) health insurance adjustment - preliminary bids appeared that the City would save approximately $84,000 in insurance rates for the next year, (3) additional $.01 property tax which would raise $187,000, (4) a sales tax increase - keeping the rate current would be an increase of $80,000 as there was a larger base to begin calculations, an additional 1% of growth rate. would raise $52,000 (3% total growth rate) and an additional 2% of growth rate would raise $104,000 (4% total growth rate), (5) Flow Hospital Reserve - $22,000, (6) reduce contingency fund - $25,000 which would drop the fund to 50% as opposed to 75% in the proposed budget. Council~ Member Alexander asked for a comparison of where the City was at the present relative to the sales tax. John McGrane, Executive Director for Finance, stated that the City was $80,000 over projections. City of Denton City Council Minutes August 6, 1991 Page 2 Tax rates to be considered included the current rate at $.6551, the proposed rate which the budget was based on was $.6851 or $.6951, the effective tax rate was $.7038 and the rollback rate was $.7244. Catherine Tuck, Administrative Assistant, presented the General Government Budget. She stated that the budget included the City Manager's Office, the City Secretary's Office and the Mayor and Council. The budget did not add any additional personnel. There were some changes in line items. There had been a steady increase in supplies cost due to increased copying costs. This year the Manager's office added a legislative program which supplied bill information to directors and departments. This produced a tremendous amount of copying and greatly increased costs in that area. Also there were nine Council candidates this year which also increased copying costs. Election expenses next year would increase a small amount due to new County costs for the rental of equipment and the hiring of a temporary worker during the election. There were two new packages proposed in the budget. One was $5,000 for a citizen survey which had not been done since 1986 and the other was $5,900 for a new computer and printer. One of the major division goals was to increase the amount of information that the citizens receive from local government by increasing information in the Parks .brochures. Those brochures would include additional pages in front of the brochures with general information for the public. Jesus Nava, Assistant to the City Manager, presented the Code Enforcement budget. He stated that this was a status quo budget. The proposed budget included $23,000 for weed control expenses which previously was listed as a "bad debt" item and was the amount of money spent to hire contractors to mow weed violations. A supplemental package of $450 was being proposed for uniforms. Nava also presented the Beautification budget which was funded from recycling revenue or money made from recycled items dropped off at the Centers. It did not include any General Fund dollars. In the past, that money was used for beautification purposes. This year, a budget had been developed for it in order to plan ahead for future projects. It was projected that there would be $22,000 worth of revenue for the next year with the majority of that to be spent on landscaping projects and city-wide clean-ups. Council Member Trent asked if Code Enforcement had always been a part of General Government. City Manager Harrell replied that the Department had been changed to General Government approximately a year ago and was placed there on an interim basis to help with publicity for the Department in terms of enforcement and beautification. 233 234 City of Denton City Council Minutes August 6, 1991 Page 3 John McGrane, Executive Director for Finance, presented the Finance Administration budget. He stated that the budget was essentially the same as last year. There was one package proposed which was $3,800 for Capital Improvement and Operating Budget document publication. There were no new personnel in the Department. Mayor Castleberry asked about the internal auditor position. McGrane replied that the position would be funded with current dollars in the budget by rearranging duties in the Department. Council Member Alexander asked about the formula used to charge the various departments for electricity, etc.. McGrane replied that it was based on a study done by David M. Griffith and Associates who conducted nationwide studies. They looked at each department with various criteria for spending time on utility related services. Council Member Trent asked if the internal auditor would report directly to Council. McGrane replied that initially it was proposed that the position would report to the Finance Director. Typically, internal auditors report to the City Manager, the Finance Director or the Council. There was no set standard on where to report. There were enough projects to do major cost savings in the beginning so that there would not be a problem of that individual reporting to the Finance Director. Restructuring could be done in the future. The Municipal Judge budget was presented by Sandra White. She stated that there were no changes in the budget from last year. She informed the Council that new legislation would affect some of the Court procedures such as Defensive Driving. An individual could take Defensive Driving every year instead of every two years to settle a traffic ticket. This would probably cause a decline in revenues from traffic tickets as the City could only charge a certain amount for Defensive Driving. There was other legislation passed but that could be discussed in another work session. Frank Robbins presented the Planning and Development budget. That Department included Administration, Main Street and Building Inspection. In the Administrative areas, the proposed budget included $4,880 for grant related projects and $3,272 for conferences. There were no major changes to the current level of services in the Building Inspection budget and in the Main Street budget. The Main Street budget had a package for $200 for travel. City of Denton city Council Minutes August 6, 1991 Page 4 Mike Jez, Chief of Police, presented the Police budget. In personal services there was proposed an increase of $159,000 which was attributed to normal step increases and relative adjustments with those. Supplies was increased by $3,658 which would allow them to continue to purchase the Code of Criminal Procedures and Penal Codes for each police officer. Maintenance had a reduction with an increase in the services category. This increase was due to $12,000 for narcotic "buy" money purchases and investigation, $5,790 which would allow Capt. Matheson to attend the Southern Police Institute, and $4,700 for travel and training. Sundry indicated an increase of $15,457 due to the increase in the City's portion of the grants for the child abuse officer and the D.A.R.E. officers. This increase would also allow the D.A.R.E. program to be expanded from the elementary schools to the elementary and secondary schools. There were no new personnel proposed for the Police budget. Council and the chief had a discussion regarding the take home vehicle policy and how it related to liability, particularly how the City might be liable if an officer and/or his family had an accident in a City vehicle. Discussion also included whether to continue the take home policy or return to a fleet program. Mayor Castleberry asked the City Manager to prepare a report regarding the take home vehicle policy. Council Member Perry asked if the Chief felt the Department was able to keep up-to-date, to his satisfaction, with current technology. Jez replied that if he were asking whether or not he felt the Department was currently up-to-date, his answer would be no. However, that was understandable considering the economic situation. He was working with the Deputy City Manager and City Manager to plan updating of equipment. He felt the computer system was grossly inadequate. Most of the equipment needed was very expensive. A plan was being worked on which would combine a computer system with the Fire Department in order to save money. The Fire Department's budget was presented by Chief John Cook. He stated that the llne items in the budget were pretty straight forward except for the number of personnel. That number would be affected by the options the Council chose. There were two major budget issues to be dealt with. One was the funding for the upgrade of emergency medical equipment. Last year an ambulance was not replaced. Normally an ambulance was replaced each year. The money to replace the ambulance was not in the line items. It would take Council's approval of Major Budget Issue %3 in order to replace the ambulance. The second issue dealt with the options for opening Station Six. Cook presented a fourth option regarding staffing options for proposed Fire Station Six. 235 236 City of Denton City Council Minutes August 6. 1991 Page 5 A detailed presentation of that option was located in the agenda back-up. Some of the points included (1) Station Six would be built as planned, (2) when Station Six was completed, Station One would be closed, (3) existing personnel would be distributed among Stations Two, Three, Four, Five and Six, (4) nine new fire fighters would be employed and distributed three to each shift, (5) a Quint would be purchased which allowed a snorkel to be placed in reserve and redistributed three personnel per shift, (6) five fire companies would operate with a minimum staffing of four personnel each, (7) two personnel would be assigned to an ambulance to handle out-of-town EMS calls and in-town calls as needed with the remaining two new personnel divided to drive an ambulance, a booster or other unit as needed, (8) EMS calls would be handled by a response of a four-member, paramedic engine/ambulance company on each medical call, (9) fire calls would receive the three engine companies and a one-man ambulance or if a working fire was in progress, an additional unit would be dispatched using the other "5th man" as needed and/or available. Advantages of Option Four included (1) annual costs were approximately the same as Option III - $400,000, (2) the overlap of Stations One and Three was eliminated and overall response was improved by opening Station Six, (3) new apparatus allowed four-man companies which were safer and more efficient, (4) provided for remodeling and repair of existing stations by delaying hiring by a few months, (5) not building a combination station allowed debt service to be used for Opticom equipment, a 9th fire fighter, and debt service for new administration offices, (6) improved EMS services due to a paramedic engine responding on every call, (7) greater flexibility in use of personnel and equipment, (8) $200,000 allocated for relocation of administration at a later date without the need to incur any debt. Disadvantages included (1) implication which resulted from closing Station One, (2) separation of administrative offices from a fire.station, (3) a minimum number of additional personnel during peak hours, (4) possible future "Key Rate" penalties due to non-traditional approach. City Manger Harrell stated that as Option Four was developed, there were two items which the staff was concerned about. One was to try and hold the yearly operating costs to the $400,00 level. The second was to provide EMS service out of all of the fire stations. The fire fighters had two ma~or concerns dealing with the moving away from the 24 hour shifts and the second, a concern of two man engine companies. Option Four seemed to work on all of those concerns. City of Denton City Council Minutes August 6, 1991 Page 6 237 Linda Ratliff, Economic Development Coordinator, presented the Municipal Services/Economic Development budget. She stated that there were no major changes to current service levels proposed for the 1991-92 budget. In the economic development area, a site inventory and business retention program had been initiated along with a quarterly Mayor's breakfast. There were no changes in staffing levels. Joella Orr, Library Director, presented the Library budget. She stated that the budget was much the same as last year. A literacy program was being funded for next year. This year the program was funded without dollars with volunteers and tutors. The maintenance fund was increased because the money for binding books was carried over from this year. She had checked with the County to try and determine the level of funding which would be received from them. To date, that amount had not been determined. Council Member Trent asked what was included in the personal services line item of the Library budget. Orr replied that it included salaries, insurance, FICA, TMRS, etc. for the library employees. Everything that it cost to have a position filled. Council Member Trent stated that that amount was for 29 1/2 people. Orr replied yes. Council Member Trent asked how many of those people were full-time employees. Orr replied all but three employees were full-time. Council Member Perry asked if the Library were keeping up with technological advances. Orr replied no. There were some technological advances in the Library but not enough to keep ahead of the advances. She hoped to visit area libraries which had automation during the next year. Council Member Trent made the observation that the librarians were very well paid employees as the average salary was in excess of $32,000. Orr repiied that the salaries at the library were competitive with area libraries. The page position at the library was the lowest paid position in the entire City. She had additional materials that she could forward to Council Member Trent regarding area salaries. 238 City of Denton City Council Minutes August 6, 1991 Page 7 Council Member Trent stated that he had. made that observation because in Denton there were many individuals who were not making $32,000 a year. City Manger Harrell stated that to be fair in using that number, it should be remembered the percentage of the salary which went for benefits which was approximately 30%. When "salary" was used most individuals thought of take-home pay and not of salary and benefits. Orr listed several of the which were $24,211, $19,673, out of line. library salaries without benefits $17,388. Those salaries were not Environmental Health Services/Animal Control was presented by Nonie Kull, Environmental Health Services Manager. Her budget was essentially the same as last year with the exception of a new kennel truck for $1,453. The current truck was 11 years old with 250,000 miles on it. Steve Brinkman, Director of Parks and Recreation, presented the budget for Parks and Recreation. He stated that the budget was a continuation of the same budget from last year. There were no staff increases proposed. The budget was based on a $.25 increase in pool admission charge. Several packages were proposed for next year: (1) a rate increase in building operations, (2) replacement of two rigs, (3) tennis court resurfacing, (4) restore funding for brochures for recreation, (5) building operations needs, and (6) repairs for the Moore Building. One of the major budget issues included money for building operation needs for repair of City facilities. Council Member Trent asked Brinkman why the children's programs such as the After School Action Sites were supported 108%, golf was supported 92% while athletics was 42% and the tennis center was 49%. Why was there such a disparity among the programs. Why did the children's program and the golf program carry its own weight while other programs fell so far short. Brinkman replied that there were some programs such as the children's programs where it had always been a situation where the program had to be entirely self-supporting. Those programs included the children's camps and the after school programs. Council Member Trent asked why then did those programs have to subsidize the tennis center. Brinkman stated that the children's programs did not subsidize the tennis program. City of Denton City Council Minutes August 6, 1991 Page 8 Council Member Trent maintained that if there were two golf pros who worked 8:00 a.m. - 5:00 p.m. and it cost the City $80,000 to keep those people there and then did not charge on the weekend, as it was not available, all that was being done was pouring out wasted money. The tennis center should be open on the weekends and revenues needed to be collected so that the tennis center was self-sufficient. Trent stated that the Plano tennis program contributed $30,000 to the City last year after it paid for all the pros, maintenance, etc. He did not see why the City of Denton could not do the same. Brinkman replied that Plano was a different situation. It was a more affluent community and the facilities were much better. It was hoped that Denton would reach that point in the future. Council Member Trent recommended that the recreation programs needed to be on a self-supporting basis which would create a large difference in deficit in the current programs. Brinkman replied that there was a consideration on how much the citizens would be able to bear the cost. For example, to make the pool self-supporting would require a substantial fee increase which would place it out of the market due to the other pools in the City. Mayor Pro Tem Hopkins stated that it was her understanding that when some of the fees were lust raised, that it would not be a break even situation. She did not feel it should be done in some areas such as the pool as it would be out of the reach of what parents could afford. Council Member Alexander stated that a question to be answered would be what would be the purpose of having the programs operated by the City if those programs could be done through private enterprise. Part of what was trying to be done was to make available facilities for recreation for the broad range of the community. If the user fees were too high, it would work against that objective. city Manager Harrell stated that the programs which were subsidized the most were the Senior Center and the recreation centers because past policy was that the primary cost of the recreation centers and the Senior Center were not. paid by the users but were paid by the general taxpayers. If the Council wanted to change that policy, the burden could be shifted to the users which might include admission charges to the recreation centers, etc. to try and recover those costs. 239 240 City of Denton City Council Minutes August 6, 1991 Page 9 Council Member Chew felt that if user.fees were instituted, people that the City was trying to reach would be excluded from the programs. A basic question was what did the City have to offer people for their tax dollars. Mayor Castleberry asked for an update on the fee structure in the recreation programs for further comparisons, Tom Klinck, Personnel Director, presented the budget for the Personnel Department. He reviewed the programs/projects that the Personnel Department provided the City and its employees. The proposed budget was 1.5% under the 1990-91 budget. One additional package requested was continued funding for the QUEST program. Also in the proposed budget was an additional $1,400 for civil service exams, $4,000 for tuition reimbursements and $5,000 reduction for the elimination of sensitivity training. Through a reorganization, the QUEST position had been incorporated into the Personnel Department. Next year, the position was placed as a package. One position in the Department had been split into two lesser paid positions in order to handle the new salary program. This was an increase in one position which was not an addition in the terms of dollars. Klinck continued with the wage/salary recommendations. In the non-civil service area, it was recommended that a new pay plan structure be implemented. The structure would consist of 13 grades and the competitive rate of the grades would be tied to the composite market rate as determined by Mercer. The next fiscal year would be a transition year for the program. The implementation for non-civil service employees would bring those employees whose current pay was below the minimum for the new assigned pay grade to the minimum or a 3% group performance for all other employees. This would be for either a January 1, 1992 or October 1, 1991 implementation. For the 1992-93 budget year, a pay for performance cost would be proposed. There would not be an increase in .long term compensation costs but rather a reallocation of those dollars which would provide better incentives for employees. In the Civil Service area, a new structure would be implemented for both police and fire and a 3% market adjustment to that plan. Pay for performance could not be done for Civil Service employees. A January 1, 1992 general fund cost estimate was $68,000 to bring those employees whose current pay was below the minimum of the new salary grade assignment. The group performance cost estimate was $199,375. Mayor Castleberry stated that employees were below the minimum. in the lower grade of 1 or 2. approximately 12% of the Were most of those employees City of Denton City Council Minutes August 6, 1991 Page 10 Klinck replied no that they were spread throughout the grades. Civil Service January 1, 1992 cost would be approximately $75,000 and the 3% market adjustment would be $164,000. Total cost for a January 1, 1992 implementation was $507,572 and for October 1, 1991 implementation was $676,000. The October 1 implementation was favored by the Personnel Department as it would provide a smoother transition for the new program and would provide consistent treatment for all employees. City Manager Harrell pointed out that all of the merit dollars had been taken out of the proposed budget. Joe Thompson, Airport Manager, presented the Airport budget. He stated that the proposed budget included $1,500 for a Unicom radio and the rest of the budget was a hold the line budget from last year. The Engineering, Transportation and Streets budget was held for the next meeting. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry: Mayor Pro Tem Hopkins: Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council received a presentation of the Governor's Community Achievement Award - 2nd Place. Jeane Morrison, Chair-Beautification Commission, presented the award to the Mayor and Council. Mayor Castleberry presented, a proclamation for united Way Month. Citizen Reports A. The Council was to have received a citizen report from Carl Young regarding problems with Fred Moore Park and problems within the neighborhood. 241 Mr. Young~ requested that his item not be considered at this 'time. 2 42 City of Denton City Council Minutes August 6, 1991 Page 11 B. The Council received a citizen report from Arthur Almore regarding symbols and monuments in the City of Denton. Mr. Almore stated that society placed importance on the symbols it chose to represent its values, ideologies and attitudes. He asked the citizens of Denton and the Council to take some time and reflect on some of the symbols and monuments that Denton had chosen to reflect its values, ideologies and attitudes. Do those symbols and monuments still reflect the City's values, ideologies, and attitudes. The citizens in the Soviet Union had torn down symbols and monuments which no longer reflected their values and ideologies. Some symbols and monuments in Denton reflected white supremacy, racism and segregation. If the Council felt that was true, he asked the Council to consider removing them. Council Member Chew asked Mr. Almore to specifically point out such monuments. Almore replied that some symbols reflected hate crimes or a lost cause such as a burning cross, hooded figures and Confederate symbols. He felt that the statue of the Confederate soldier on the Square was such a symbol. Council Member Trent asked Almore if the statue of a Confederate soldier on the Courthouse Square represented racism to Almore. Almore replied yes. Council Member Trent felt that it represented a conflict that the nation went through back in the 1860's and in no way, in his mind, represented racism or white supremacy. Almore replied that the proponents of the Confederate theory upheld the value of white supremacy. He felt that it was symbolic of the location of the monument. If it were a monument to war dead, it should be placed in a cemetery. Why was it on the Courthouse lawn, a place known for segregation. He felt that the location of the monument was symbolic and that the monument did not represent a tribute to fallen soldiers rather represented a tribute to the ideals of the Confederacy and the hope that one day those ideals would once again manifest themselves in society. C. The Council received citizen report from Bill Dennison regarding signs. City of Denton City Council Minutes August 6, 1991 Page 12 Mr. Dennison, owner of Carpets Plus, spoke on the sign ordinance. He recently moved to the' location where the previous Abby Floors had been located. He wanted to change out the letters on the sign without changing the structure of the sign. He understood that he was not able to do that based on the current sign ordinance. A recent sign of similar size was just erected at the new Arby's. Council Member Chew asked for only requesting to change the nothing else to the sign. a clarification. lettering on the Dennison was sign and do Dennison replied yes that he did not want to alter the sign in any other way. Council Member Alexander asked for a clarification regarding the Arby's sign. Dennison relied that the Arby's sign was above six feet in height and was on the same street as he was. Council Member Trent asked Dennison if he knew why Arby's could have that size of a sign and he could not. Dennison replied that the Sign Board stated that the Arby's sign was in the original planning of the site. Frank Robbins, Executive Director for Planning, stated that the sign was viewed as having frontage on Loop 288 which allowed for a larger sign. Mayor Pro Tem Hopkins pointed out that the entrance to Arby's was on Colorado and not on Loop 288. Council Member Trent stated that Dennison's sign was built in 1985 and he just wanted to change out the letters and could not understand why he was not permitted to do that. Robbins replied that the standards in the new ordinance were different than the standards of 1985. Council Member Trent felt that a wrong message was being sent to potential businesses. City Manager Harrell suggested that if the Council desired, the issue could be reexamined by the Planning and Zoning Commission. Council Member Smith stated that if that option was exercised, would there be a moratorium on such situations until it had been discussed at the Planning and Zoning Commission. 243 244 City of Denton City Council Minutes August 6, 1991 Page 13 City Manger Harrell replied that there had been two comprehensive rewrites of the sign ordinance trying to gain community objectives. He knew that on this particular issue, the last time the sign ordinance was amended, the Sign Committee talked about the face change issue and certain trade-offs. He knew that the internal debate centered on a trade-off for allowing higher and bigger signs in return for making it necessary for high signs to conform when the business changed hands. Consensus of the Council was to send the issue back to the Planning and Zoning Commission. Council Member Perry stated that the issue was not being sent back to the Planning and Zoning Commission to make an exception for a single instance. Council Member Alexander stated that he had no problem asking the Planning and Zoning Commission to look at the ordinance but stressed that there were a number of people who liked the concept of the sign ordinance and wanted to keep the ordinance in place. D. The Council received a citizen report from Carl M. Williams regarding State Representative redistricting. Irene Price, speaking for Carl Williams, stated that the current redistricting plan impaired the basic civil rights of minorities. The current plan divided Denton into three different districts and divided minorities into three different districts. The net effect was to split any minority representation currently in Denton. The plan was unconstitutional and violated the Voting Rights Act. The NAACP urged the Council to join with them in a legal challenge against the new districting plan. E. The Council received a citizen report from Richard M. Salazar regarding State Representative redistricting. Mr. Salazar stated that he was representing the League of Latin American Citizens-Denton County Chapter. He expressed a concern for fair representation for all citizens of Denton and not just the Hispanics. The present plan for redistricting the State House of Representatives for 1993 was not equitable and did not clearly represent the residents of Denton. He joined with the spokesperson from the NAACP in protesting the inequitable redistricting plan. He was concerned that large numbers of Hispanics lived in areas divided by the new districts. The effect of the redistricting diluted and diminished the voting strength of Hispanics in Denton by placing them in three separate representational districts. In their viewpoint, it was unconstitutional and discriminated against minorities. The Denton County LULAC urged the Council to join suit to challenge the law in support of the rights of all of its citizens who were denied fair representation to the State by the plan. City of Denton City Council Minutes August 6, 1991 Page 14 F. The Council received a citizen report from Derrell Bulls regarding State Representative redistricting. Dr. Bulls stated that he wanted to discuss with Council one aspect of economic development as it related to redistricting. Denton needed to mobilize its forces to influence the Legislature in regards to funding. He felt that the University of North Texas and Texas Woman's University were two of the most significant economic bases in Denton and Denton flourished because of the two universities. Without the Denton State School, University of North Texas and Texas Woman's University, the labor force in Denton would be reduced by approximately one-half. University-related business generated by these three State institutions included faculty and staff salaries, expenditures by both residential and commuting students, money spent by the steady stream of visitors to Denton on university-related business, goods and services purchased locally by the institutions and monies on temporary deposit and in checking accounts from university faculty and students. The terms of HB150 split the City into three different districts. The NAACP and LULAC had strong constitutional grounds under the Voting Rights Act of 1965 to appeal for judicial relief. But only the City Council could speak for and defend the rights of all of its citizens in this matter. Denton should have the strength of one political entity in the Texas House of Representatives redistricting plan. He urged the City Council to enter into a suit to challenge the current plan. G. The Council received a citizen report from Charles W. Carpenter regarding State Representative redistricting. Mr. Carpenter stated that the Denton Chamber of Commerce was involved in reviewing the redistricting issue for several months. He stated the position of the Board of Directors taken on June 10, 1991 - "The Board of Directors of the Denton Chamber of Commerce stands by its original position and respectfully requests that local existing spears of influence be honored as it pertains to the redrawing of district lines for the State Senate and State House of Representatives in Denton County and especially within the boundaries of the City 6f Denton. The redistricting plan recently passed by the Texas Legislature illogically dissects our community, effectively destroying any political voice its citizens choose to raise. Furthermore, in the event that the opportunity arises for any further adjustments to the State Senate and State House of Representative districts within the city limits of Denton, we call on officials of the City and County as well as the County's elected State Representatives, to take whatever steps necessary to protect the voting rights of citizens of Denton and Denton County by including the entire City of Denton in a single Senatorial and House of Representative District." 245 246 City of Denton City Council Minutes August 6, 1991 Page 15 Efforts and plans had been made to advise and initiate State Senator Steve Carriker to Denton on September 26, 1991. A similar orientation on October 10, 1991 would be for Representative Campbell. Council Member Trent asked if the Chamber was proposing that the City enter into a suit. Carpenter replied that the Chamber was not opposing that position but was not advocating it. Public Hearings A. The Council held a public hearing and considered an ordinance approving the rezoning of a 17.419 acre tract of land zoned Commercial and Light Industrial to the Agricultural district on property located at the northeast corner of Mayhill Road and IH-35E, north of Pockrus-Page Road. Z-91-007 (The Planning and Zoning Commission recommended approval 5-0 at its July 10, 1991 meeting.) Frank Robbins, Executiv~ Director for Planning, stated that this was a request to downzone the property from the Commercial and Light Industrial district to the Agricultural district. The downzoning complied with the policies of a low intensity area as set out in the Denton Development Plan. The owners of more than 20% of the property within the 200 foot radius had protested this request; therefore, in order for the City Council to approve the request, at least six members would have to vote in favor of the petition. The Mayor opened the public hearing. Tom Niederauer, representing the owner, stated that a change in zoning was being requested from Commercial and Light Industrial to Agricultural. His firm had been retained by the owner to evaluate the property from a planning perspective. There were five factors which impacted the property: (1) the odd shape of the tract with three different frontages, (2) the existing land uses on the property and nearby property which could degrade the property value for other uses, (3) Southern Hills PD to the north was in the hands of the FDIC who was attempting to sell the Property at a considerable decrease ~n price. (4) the current Denton Development Plan indicated low intensity development in the area, and (5) much of this area of Denton was overzoned for current market tolerance· There were two parcels of land in the proposal which would be subdivided into several parcels prior to development· No one spoke in opposition. City of Denton City Council Minutes August 6. 1991 Page 16 Mr. Niederauer was allowed five minutes for rebuttal. He addressed the letters of opposition received by the Planning Department. In response to those letters, additional setbacks were proposed. The FDIC was dumping the surrounding property which would have an impact on the tax base in Denton. The Mayor closed the public hearing. The following ordinance was considered: NO. 91-111 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) AND LIGHT INDUSTRIAL (LI) TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 17.419 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF I35E AND MAYHILL ROAD, NORTH OF POCKRUS PAGE ROAD: AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." .Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit for a private school located on property on the north side of Scripture, approximately 100 feet west of Ector, also known as 2046 Scripture, for the purpose of a Private School. Z-91-O10 (The Planning and Zoning Commission recommended approval 4-0 at its July 10, 1991 meeting.) Frank Robbins, Executive Director for Planning, stated that this request was for a specific use permit for property located at 2046 Scripture to allow for a private school. Currently the property was zoned SF-IO and in order to authorize a private school in a SF district, a specific use permit had to be approved. There were two sets of policies the Planning and Zoning Commission used to assess whether the specific use permit should be authorized. One was the Denton Development Plan which addressed the following policies: (1) detailed site design within close proximity of a neighborhood - the design of the site worked well with the existing neighborhood, (2) traffic should use collector or larger streets and not residential streets - Ector and Scripture were collector streets, (3) intensity - the proposed development conformed to the intensity policy of the plan, and (4) open space - the property was heavily landscaped with 88% of the site landscaped space. The other set of criteria was in the zoning ordinance with respect to conditions to be met in order to approve the specific use permit. Those conditions included (1) the site had to be compatible with adjoining property - Planning and 247 248 City of Denton City Council Minutes August 6, 1991 Page 17 Zoning Commission felt this would be the case, (2) orderly development would not be impeded - the Planning and Zoning Commission felt that the proposed use would not impede orderly development, (3) infrastructure - there was adequate infrastructure for the site, (4) parking lots and access ro the streets - the circular drive located on Scripture would be used for emergency access only and some type of gate would be erected on both ends of the driveway so as to not enc6urage normal drop-offs and pick-ups at that location, (5) adequate vegetative buffers - this was found to be adequate, (6) directional lighting - there would be no lighting, other than what was normal in a residential area, (7) landscaping - approximately 88% of the property was landscaped. The Planning and Zoning Commission approved the plan with the following conditions: (1) the enrollment at any given time should not exceed fifty students, (2) school hours would be 7:30 a.m. - 6:00 p.m., Monday through Friday, (3) parent traffi'c would'be routed from Ector Street to St. David's church parking lot for child drop-off and pick-up, and (4) the circular driveway would not be used by parents or faculty. The Mayor opened the public hearing. Linda Lavender was one of the founding teachers of the Community School. The purpose of the proposal was to create a small home-like environment for fifty children. There was a neighborhood meeting in May and received very favorable response. She asked the Council to vote for the proposal~ Klm Meyers spoke in favor of the proposal. She had a child who would be attending the school and hoped the Council would approve the request. Carolyn Cunningham stated that she had already seen an improvement in the area from when the house was a fraternity house and asked the Council to approve the request. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 91-112 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE SCHOOL LOCATED ON THE NORTH SIDE OF SCRIPTURE STREET APPROXIMATELY 100 FEET WEST OF ECTOR STREET: PROVIDING FOR A PENALTY IN THE MAXIM-OM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes August 6, 1991 Page 18 Alexander motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. COnsent Agenda Hopkins motioned, Chew seconded to approve the Consent Agenda as presented. Bids and Purchase Orders: 1. Bid %1253 - Construction of Fire Station ~6 B. Tax Refunds Considered approval of a tax refund to Dentex Title Co. for $558.07. 2. Considered approval of a waiver of Penalty/Interest for Dennis T. Riney (Account ~39239) C. Plats and Replats Considered the preliminary replat of Lot 1, Block 1 of the Eagle Point subdivision, into Lots lA and lB. The 3.729 acre site was located on the east side of Fort Worth Drive, opposite LindSey Street. (The Planning and Zoning Commission recommended approval, 7-0, at its July 24, 1991 meeting). 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.1. - Bid ~1253) The following ordinance was considered: NO. 91-113 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 249 25O City of Denton City Council Minutes August 6, 1991 Page 19 Chew motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (RFP ~1258 - Telephone Equipment Maintenance) Lloyd Harrell, City Manager, stated that per Council policy, this item was listed separately on the agenda as it was the best bid but not the lowest bid. Gary Collins, Information Services Director, stated that the bid would cover the maintenance on the new telephone equipment and the cabling installed for that equipment. The RFP was in two sections. The first section requested quotations for providing maintenance service on the various switches and ancillary equipment and the second section requested the cost for providing maintenance service on the interbuilding cabling both fiber optic and copper. Three vendors bid the proposal - Southwestern Bell, GTE and Wiltell. Southwestern Bell's bid did not cover a key set at the Martin Luther King Recreation Center and at the Water Reclamation Plant. GTE originally installed the telephone equipment and instruments as well as wiring the various buildings. They were the only vendor that had trained service personnel located within the City of Denton. For those reasons, it was felt that the GTE bid was the best bid. The following ordinance was considered: NO. 91-114 AN ORDINANCE AWARDING A CONTRACT FOR A MAINTENANCE AGREEMENT WITH GTE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Deloitte & Touche to provide auditing services as auditors for the fiscal year ending September 30, 1991. City of Denton City Council Minutes August 6, 1991 Page 20 John McGrane, Executive Director for Finance, stated that this was the City's annual audit required by City Charter to be done. This year the City was entering into a formal contract with the firm. If approved, the auditors would begin next week. The Audit Committee had recommended approval of the agreement. The following ordinance was considered: NO. 91-115 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE & TOUCHE TO PROVIDE AUDITING SERVICES AS AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1991; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance approving an amendment to an agreement between the City of Denton and Services Program for Aging Needs. Council Member Chew left the meeting. Catherine Tuck, Administrative Assistant, stated that this was an amended contract with SPAN for transportation. The 1990-91 Human Services budget included $2700 to be allocated to Parents Anonymous. This agency had ceased to provide services which allowed the money to be reallocated. Council had recommended that the money be reallocated to SPAN for transportation. A second change in the contract related to the amount SPAN charged for its HandiHop riders. Currently, SPAN charged $1 for each ride. This program had increased in demand for services and SPAN would like to increase the rate to $1.50. The amendment still required that SPAN notify the City Council regarding a rate change and allowed the City to. protest and refuse approval for the rate change if it desired. The following ordinance was considered: NO. 91-116 AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS: AND PROVIDING FOR AN EFFECTIVE DATE. 251 252 City of Denton City Council Minutes August 6, 1991 Page'21 Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. Council Member Chew returned to the meeting. E. The Council considered adoption of an ordinance vacating a public utility easement recorded in volume 928, page 602, Denton County, Texas. (Public Utilities Board and Planning and Zoning Commission recommended approval.) Howard Martin, Director of Environmental Operations and Financial Administration, stated that the easement was on a tract of land currently owned by NCNB Texas National Bank on the southwest corner of Teasley and Lillian Miller. The old easement followed the curve of FM2181 and was no longer needed. The property owner agreed to provide an easement along the perimeter of the property. The following ordinance was considered: NO. 91-117 AN ORDINANCE VACATING A PUBLIC UTILITY RECORDED IN VOLUME 928, PAGE 602, DENTON TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. EASEMENT COUNTY, Perry motioned, Trent seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. Council recessed for a short break. Council Members Alexander and Chew were not present after the break. F. The Council considered adoption of an ordinance vacating an easement for electric transmission and distribution lines situated in the Alexander Hill Survey, Abstract Number 623, Denton County, Texas. (Public Utilities Board and Planning and Zoning Commission recommended approval.) Howard Martin, Director of Environmental Operations and Financial Administration, stated that the easement was located north of I35 between the railroad tracks and Fort Worth Drive. The property owner had requested abandonment of the down guy easement in exchange for an easement on their trac~. O~¢e th~ electric lines were replaced in the newly acquired easement, the old electric facilities would be removed, thus eliminating the need for the down guy easement. City of Denton City Council Minutes August 6, 1991 Page 22 253 Council Members Alexander and Chew returned to the meeting. The following ordinance was considered: NO. 91-118 AN ORDINANCE VACATING AN EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES SITUATED IN THE ALEXANDER HILL SURVEY, ABSTRACT NUMBER 623, DENTON COUNTY, TEXAS: AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance prohibiting U turns on Lillian Miller Parkway at the first median opening south of Interstate 35E southbound service road. (Citizens Traffic Safety Support Commission recommended approval.) Jerry Clark, City Engineer, stated that the median opening south of the I35 service road on Lillian Miller was experiencing a large increase in traffic with the Red Lobster opening and many businesses opening in the shopping centers on both sides of Lillian Miller. This action was an attempt to keep the intersection as safe as possible so signalization could be prevented or delayed. Council Member Trent asked where a motorist could make a u-turn on that road. Clark replied that they were encouraging motorists to use the parking lots in the area to make their turns. The following ordinance was considered: NO. 91-119 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING U TURNS ON LILLIAN MILLER PARKWAY AT THE FIRST MEDIAN OPENING SOUTH OF THE INTERSTATE 35E SOUTHBOUND SERVICE ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; PROVIDING FOR PUBLICATION: AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Alexander seconded to adopt the ordinance. On rolI :vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," a~d Mayor Castleberry "aye." Motion carried unanimously. 254 City of Denton City Council Minutes August 6, 1991 Page 23 H. The Council considered adoption of an ordinance repealing Sections 18-51, 18-52, 18-53, 18-54, 18-55, and 18-56 of Chapter 18 of the Code of Ordinances of the City of Denton relating to regulation of trucks and truck routes; amending Division 2 (Trucks and Truck Routes) of Chapter 18 of the Code of Ordinances of the City of Denton; establishing definitions; establishing designated truck routes and regulating for departure therefrom; providing for exceptions: prohibiting certain use of residential streets: establishing requirements for the operation of concrete trucks: establishing a maximum vehicle load limit; providing for a maximum penalty of two hundred dollars for violation thereof; and providing for a severability clause. (The Citizens Traffic Safety Support Commission recommended approval.) City Manager Harrell stated that this ordinance had been postponed from the Council's last meeting in order to clarify wording regarding the driving of semicabs in residential neighborhoods. That wording had been clarified and was now ready for Council consideration. The following ordinance was considered: NO. 91-120 AN ORDINANCE REPEALING SECTIONS 18-51, 18-52, 18-53, 18-54, 18-55, and 18-56 OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO REGULATION OF TRUCKS AND TRUCK ROUTES: AMENDING DIVISION 2. (TRUCKS AND TRUCK ROUTES) OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON: ESTABLISHING DEFINITIONS: ESTABLISHING DESIGNATED TRUCK ROUTES AND REGULATING FOR DEPARTURE THEREFROM; PROVIDING FOR EXCEPTIONS; PROHIBITING CERTAIN USE OF RESIDENTIAL STREETS; ESTABLISHING REQUIREMENTS FOR THE OPERATION OF CONCRETE TRUCKS; ESTABLISHING A MAXIMUM VEHICLE LOAD LIMIT; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATION THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance approving a contract between the City of Denton and the State of Texas for the Texas Traffic Safety Program. City of Denton City Council Minutes August 6. 1991 Page 24 Rick Svehla, Deputy City Manager, provide the City $2500 to help within the City limits. stated that the State would enforce the seat belt laws The following ordinance was considered: NO. 91-121 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS FOR THE TEXAS TRAFFIC SAFETY PROGRAM: AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 7. Resolutions A. The Council considered a resolution authorizing the M~yor to execute an agreement between the City of Denton and the University of North Texas for the delegation of authority to regulate parking on additional portions of city streets adjacent to property controlled by the University. (Citizens Traffic Safety Support Commission recommended approval.) Jerry Clark, City Engineer, stated that the University of North Texas had requested control of parking on several additional portions of City streets. This agreement would add ten streets to the original agreement. The areas requested for no parking designation would require separate no parking ordinances prior to UNT implementing the new changes. Mayor Pro Tem Hopkins asked if there was any impact on streets which were needed for traffic lanes. Clark replied that the streets were mostly for student parking and no arterials were involved. UNT owned most of the property bn both sides of the streets. Council Member Alexander asked if the authority ever reverted back to the City. Eric Jackson. Chief - UNT Police, stated that the agreement was reviewed every year and could be amended if necessary. 255 2'56'. City of Denton City Council Minutes August 6, 1991 Page 25 The following, ordinance was considered: NO. R91-048 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS FOR THE DELEGATION OF AUTHORITY TO REGULATE PARKING ON ADDITIONAL PORTIONS OF CITY STREETS ADJACENT TO PROPERTY CONTROLLED BY THE UNIVERSITY; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Alexander seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberr¥ "aye." Motion carried unanimously. 8. The Council received a briefing and held a discussion regarding House Redistricting. Debra Drayovitch, City Attorney, stated that this item was an update as requested two. weeks ago by Council. She was in the process of researching previous lawsuits on this matter especially the lawsuit of the Republican Party of two years ago. She stated upon review of the information, Council might direct her to take further action or to have an Executive Session discussion regarding the issue. Council Member Alexander suggested placing the item on an Executive Session. Consensus of the Council was to place the item in Executive Session. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. Rick Svehla presented Council with a draft letter regarding Highway 2499. The Council had approved the Minute Orders from the State several weeks ago. The cities of Cornith and Highland Village had also approved the Orders. Copper Canyon was having a problem with some of the wording dealing with right-of-way. Mayor Kay Stephens, Highland Village, indicated that it might be helpful to receive encouragement from the other cities regarding the project which was the proposed letter from Mayor Castleberry. B. Harrell proposed the following budget schedule: 8/13 department presentations 8/27 discussion of the budget 9/3 public hearing on the budget 9/10 final work session on the budget 9/17 adoption of the budget City of Denton City Council Minutes August 6, 1991 Page 26 Harrell was concerned that there would not be enough time for the Council to discuss the budget after the 9/3 public hearing. He suggested moving the public hearing to the 8/27 meeting to allow for adequate discussion time. Council agreed with that schedule. C. Staff had received a letter from Albert Lissberger thanking them for their work on his development. 10. New Business The following item of New Business Was suggested by Council for future agendas: A. Mayor Castleberry asked that the utility sewer increase in the proposed budget be looked at with the intent of reducing the increase. 11. The Council convened into the Executive Session to discuss legal matters (considered subrogation claim in Boydston v. Chrysler Corporation), real estate, and personnel/board appointments (considered appointment of alternates to the Sign Board of Appeals). 12. There was no official action taken on Executive Session items. With no further business, the meeting was adjourned. 257 CITY OF DENTON, TEX~S CITY OF DENTON, TEX~S / 3428C NOTE: THIS PAGE LEFT BLANK INTENTIONALLY.