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Minutes February 11, 1992CITY OF DENTON CITY COUNCIL MINUTES FEBRUARY 11, 1992 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. The Council received a report and held a discussion regarding proposed amendments to the sidewalk ordinance and gave staff direction. Rick Svehla, Deputy City Manager, stated that at the last meeting, Council had requested staff to gather information on the existing system and its condition. The City currently had approximately 100 miles of sidewalks. Of those 100 miles, approximately 16 miles did not meet the criteria in the existing ordinance. The cost to replace this amount of sidewalk ranged between $1 and $1.25 million. A survey was done on how other area cities handled sidewalks and the results indicated that approximately half of the cities required the land owner to be responsible for the maintenance of the walk and half did not. There were a number of alternatives available to the Council: (1) a bond sale of between $1 and $1.25 million which would allow a comprehensive replacement program; (2) use the existing ordinance as it currently was written; (3) combine the alternatives and develop the ordinance and policies in such a manner that income levels could be taken into account and perhaps use CDBG funds as a source of some of the funds; and (4) continue the program as it was spending between $5,000'and $10,000 a year repairing the most severe problems and face the liability issues as they arose. Mayor Pro Tem Hopkins felt that there were no serious problems at the current time and that the City needed to continue as it currently was doing. It was not the time to change the ordinance. The amount of money needed was a budget decision and needed to be done at budget time. Council Member Alexander stated that it was never the intention of the Council to push the costs back on the homeowners. He agreed that it was not the time to pursue the issue. He would like to explore the CDBG alternatives and perhaps in the next budget process increase the amount of dollars allocated for sidewalk maintenance. Council Member Smith felt that the idea of assisting homeowners with the cost of the repairs should be explored further. Lloyd Harrell, City Manager, stated that there was an ordinance provision which provided for such assistance. For a number of 8O City of Denton City Council Minutes February 11, 1992 Page 2 years, the City had not utilized that procedure as it as very cumbersome. The City had been repairing sidewalks on a limited priority basis. Council Member Perry felt that the procedure should remain as it currently was and to make budget provisions for the future. Council Member Alexander felt that the citizens needed to understand that if the procedure were left as it currently was, it left a liability question for all. Council Member Trent felt that the sidewalks could be repaired for less money than what was quoted. There were 52 employees in departments which could do the work, the City had the equipment to do the work and felt that all 16 miles of sidewalks could be repaired for $125,000. He did not feel all 16 miles needed to be done immediately. He felt the City had the resources to do the work with what would be a minimal outlay from the budget. Mayor Castleberry summarized that the consensus of the Council appeared to be that there would be no change in the current policy, the staff would investigate the possibility of using CDBG funds for sidewalk repair and a possible increase in the allocation for sidewalk repair would be discussed during the next budget discussions. City Manager Harrell stated that earlier Council had suggested holdin~ a public hearing on this item. Based on the consensus of the Council at this meeting, did the Council wish to hold the public hearing. Consensus of the Council was to not hold the public hearing. 2. The Council received a report and held a discussion regarding the Denton Convention and Visitors Bureau's projects for 1992. Jo Ann Ballentine presented plans and projects for 1991-92. The mission statement for the Bureau stated that it existed for the purpose of soliciting conventions, tour groups, visitors and television/film projects to the City of Denton to increase occupancy in the hotel/motel properties. Plans and projects for 1991-92 included convention solicitation and servicing; coordination of public relations division for the Summer Games of Texas Special Olympics scheduled for May 12-15; serve as liaison between Denton and the TSO staff; assist local Games Director Derrell Dulls; conduct hospitality training seminars for Denton employees in preparation for the Summer Games; planning and assistance for the Denton County Amphitheater Association; open a City of Denton City Council Minutes February 11, 1992 Page 3 Visitors Center on the interstate for travelers along the 1-35 corridor and create a volunteer group to staff the Center and serve as tour guides; reproduce the Denton brochure with appropriate changes; create a new concept for Denton billboard south of the Oklahoma border; and continue maintenance and operation of an information center in the Chamber office. 3. The Council received a report and held a discussion regarding housing and human service programs. Barbara Ross, Community Development Coordinator, stated that the allocation the department had received from HUD was $675,000 which was the largest budget for community development block grant that the City had ever had. They were projecting $20,000 in program income which was loan repayments on the housing rehabilitation program. The department had completed a Comprehensive Housing Affordability Strategy which was a new requirement by HUD in order to receive home funding. Ross reviewed the programs/strategies of the document which detailed affordable housing priorities and goals for the next five years and indicated a source of funding for each new initiative. A detailed presentation of those goals and priorities were included in the agenda back-up. She also detailed a list of projects for the 1992 year which was also included in the agenda back-up. Council Member Chew stated that Ross had indicated that there was a waiting list of 329 families for rental subsidies or residence in public housing. What was being done to reduce that list. Ross replied that the department was offering as much support as possible. There were elderly persons on the list so that the work on the Crawford Hotel project might take some of those people off the list. They were attempting to give out rental rehabilitation funds in order to complete more standard rental units. Council Member Trent felt that the City should not relinquish restrictions and not do the same thing for people not in the program. He asked about the guidelines for the homebuyer assistance program. Ross replied that first there was a list of eligible income levels for the program. The staff would help complete the necessary paperwork, evaluate the qualifications of the homebuyer to see if they would meet the criteria for a home loan and then send them to a bank with paperwork and to a realtor to begin looking for a home. 4. The Council received a report and held a discussion regarding a public hearing to be conducted by the Texas Department of City of Denton City Council Minutes February 11, 1992 Page 4 Transportation regarding improvements of U. S. 377 from I. H. 35E to F. M. 1830 in the City of Denton and gave staff direction. Rick Svehla, Deputy City Manager, stated staff wanted to reconfirm the Council's position on the median design. Previously, Council had approved raised medians to the railroad tracks and south of the tracks would be a continuous left turn lane. Much of the previous discussion had centered on the Highway Department's idea to regain their right-of-way and build an "outside in" construction. This meant that the road would be very wide and would infringe on parking lots and some entrances particularly for the businesses on the west or southwest side of U.S. 377 from I35E south to the railroad tracks. Previously Council was very concerned about that design and asked staff to indicate to the Highway Department that it should be built narrower. Staff wanted to reconfirm the Council's position so tha~ it could be presented at the March 16 public hearing with the Highway Department. City Manager Harrell indicated that staff had previously visited with the property owners in the area. If the Highway Department proceeded with their plan to build "outside in", it would have detrimental effects on the abutting property owners as some of them had been using Highway right-of-way for parking and access for a number of years. Council Member Trent asked if any type of notices had been sent to property owners recently as some of the property might have changed hands. Mayor Pro Tem Hopkins stated that that had been done previously. She felt that the Council needed to be committed to the project and could not waiver with the State. The City should do what it could to keep the road narrow but the road was needed. 5. The Council received a report and held a discussion regarding the Denton Main Street Program of Work for 1992. Jane Biles, Main Street Manager, stated that the Central Business District Association had begun a membership drive. The Central Business District Association was the private partner with the Downtown Development Enterprise. She outlined the accomplishments for 1991 and the goals for 1992 of the Design Committee, the Development Committee, the Parking Committee, the Promotions Committee and the Administrative Functions. Details of those accomplishments and goals were included in the agenda back-up. Council Member Trent asked about parking enforcement on the Square. City of Denton City Council Minutes February 11, 1992 Page 5 83 Biles replied that at times it was a matter more of management rather than one of enforcement. There were two police officers who addressed parking enforcement for the entire City. Mayor Castleberry asked that the buildings be kept consistent with the downtown area. He noted one particular metal building which was an addition to an existing building which was not consistent with the design of the area. Biles replied that there were no regulations or enforcement available to force property owners to conform to the design of the area. It was strictly voluntary although there were architectural services available to those renovating their buildings. 6. The Council received a report and held a discussion regarding alternatives to the existing structure of the Plumbing and Mechanical Code Board, the Electrical Code Board and the Building Code Board of Appeals and gave staff direction. Frank Robbins, Executive Director for Planning, stated two draft ordinances had been prepared' per Council direction. One made Council the appeals board, the other made the Building Code Board the appeals board. Staff was recommending that the Council did not take action with either of the ordinances. City Manager Harrell stated that the ordinances were available for Council consideration if they wished to change the current procedUre. Mayor Pro Tem Hopkins stated that more names would be needed for possible board candidates. Individuals were needed who would not have a conflict of interest. Robbins replied that staff was continuing with that effort. Consensus of the Council was to keep the process as it currently was to provide more names to Council for candidate selection. Debra Drayovitch, City Attorney, stated that the procedure to be followed would include: if a member of the Plumbing and Mechanical Code Board, the Electrical Code Board or the Building Code Board bid on a city contract and was the low bidder, the Attorney's office would advise that member that before the bid appeared on the City Council agenda for Council consideration, the member would have to resign from that particular board. 7. The Council received a report and held a discussion regarding the "Plan for Public Improvement of Entranceways" and gave staff City of Denton City Council Minutes February 11, 1992 Page 6 direction. Frank Robbins, Executive Director for Planning, stated staff would like to use a document "Plan for Public Improvement of Entranceways" as a framework to follow when developing entranceways. This guideline would allow staff, boards and citizens to maximize the time and the funds available, resulting in less wasted time, and more rapid realization of an entranceway's potential. Council Member Perry asked if this would be a general guideline. Robbins replied yes that it was not regulatory. Council Member Trent asked how effective the Adopt-A-Spot program was. Robbins replied that it was effective and had the potential to involve others in the program. Council Member Trent felt that there were areas of the City which had a lot of trash particularly at I35N on Loop 288. He asked if litter barrels could be placed there. City Manager Harrell stated that there were two City employees responsible for picking up litter in the City. There was a need for an Adopt-A-Spot program to help with that type of problem. Mayor Castleberry asked if the plan was a recommendation. Robbins replied yes and that staff would like to be able to use it if requested. Consensus of the Council was to proceed with the staff recommendation. 8. The Council received a report, held a discussion and gave staff direction regarding a possible amendment to the proposal to the State regarding a landscape cost sharing project on FM 2181 (Tea~ley Lane) between Interstate 35E and Bent Oaks Drive. (The Beautification Commission recommended approval.) Frank Robbins, Executive Director for Planning, stated that on February 2, 1990, the City Council authorized the City Manager to enter into a cost-sharing agreement with the State Highway Department to share in the cost of the landscaping project. This was subsequently modified by a memorandum dated April 9, 1990. The total project cost was estimated at $248,560 as compared to the City of Denton City Council Minutes February 11, 1992 Page 7 85 previously proposed total cost of $314,978. The City's share of this cost was $125,572. Much of the City's share would be in-kind expense, involving city personnel. The out-of-pocket expenses included installing and purchasing the irrigation hardware, and purchasing and planting all the trees. If Council approved the amendment, a letter would be sent to the State Highway Department. Following Highway Department review, this proposal would be placed on the agenda of the Texas Highway Commission which would approve a minute order and issue an unsigned cost-sharing agreement. At that point, the City Council would have the opportunity to review the unsigned agreement and authorize the City Manager to sign it. Once that was done, the Highway Department would sign the agreement. Consensus of the Council was to proceed with the amendment. 9. The Council received ~ report and held a discussion regarding issues to consider for a possible Charter amendment and gave staff direction. City Manager Harrell stated that at the end of last year, Council had a discussion regarding a possible Charter amendment. At that time staff was asked to identify potential issues which could be looked at if charter amendments were proposed either directly by the City Council or by a charter review committee. Three items were presented to Council for consideration. One was a model city charter adopted by the National Civic League, one was a list of Council/Mayor suggestions on possible items, and one was a list of staff recommendations for possible amendments. Finance, Planning and Legal had presented items for consideration. Possible actions included doing nothing for the present time in regards to the Charter, doing only critical amendments which the Council would present to the voters or appointing a charter study committee to review the Charter in detail for amendments presented to the Council for consideration and then to the voters for approval. Council Member Trent suggested that if a charter committee were formed, the Council might want to hear from the public first rather than just a recommendation from a committee. He felt the public should have an opportunity to speak and then go to a committee which would present.a recommendation to the Council. Mayor Pro Tem Hopkins felt that that process was not correct as there were many details to look at such as bond issues which the public would not have enough specific information. She felt a charter committee could hold public hearings on each chaDter or group of chapters. A committee needed to be formed first. If a committee were going to be formed, it needed to be done quickly as City of Denton City Council Minutes February 11, 1992 Page 8 the process would take a number of months. Council Member Alexander felt that the proposed suggestions appeared to be house cleaning proposals and minor word changes. He had not had any resounding requests from citizens wanting to have a major charter review and revision process. Much time and effort was involved in such an undertaking and also an associated cost. A full-time person from the Legal Department would need to be assigned to work on a charter review process. He was not in favor of such a process at this time. Council Member Trent suggested looking at a charter amendment especially in the area of a 6-1 Council makeup. Perhaps certain segments could be looked at rather than the entire charter. Council Member Alexander felt that if part of it were being done, then the entire charter needed to be done. Council Member Smith felt that there was nothing in the proposed changes which were necessary at this point. Mayor Pro Tem Hopkins felt that there were two major areas which needed to be addressed. One was the utility system and the franchise fee and the other was the 4-2-1 makeup of the Council. Probably a majority of the citizens were happy with 4-2-1 and she felt it was working but she had heard from a number of citizens who did not feel it was fair. She would like to see a charter committee address those issues. Council Member Perry felt that the current charter was very clear in the protection of the public utility system. He had looked at the at-large representation and felt that it worked effectively and was not willing to take on a revision at this time. Council Member Chew did not see a need for a charter revision at this time. He felt that the 4-2-1 system was working well and should not be changed. Council Member Perry stated that he had heard the term "disenfranchised,, used which meant "deprived of". There was nothing in the Charter which deprived any citizens especially voting privileges. Mayor Castleberry stated that the consensus of the Council appeared to be to have no full charter revision committee at this time. Council Member Alexander felt that a review process should be done only if very necessary. He felt that the only issue where he had City of Denton City Council Minutes February ll, 1992 Page 9 heard very many people in the community talking about the need for a possible charter revision was on the question of council allocation. Under the present circumstances, a great majority of the people of Denton were comfortable with the 4-2-1. Council Member Trent stated that during the past redistricting discussions, there was a great deal heard about a 6-1 plan. He had heard during the redistricting discussions, comments which caused him to do some reevaluation. He would like to hear publicly what people had to say about a 6-1 plan versus a 4-2-1. Mayor Castleberry asked if Council wanted to have a committee look at specific possible amendments. Mayor Pro Tem Hopkins stated 'that if that were done then a committee would have to go on to other issues. She felt that the Council needed to decide to either review the Charter or to not review the Charter. Council Member Alexander felt that there were several levels of the process- (1) to do nothing and leave the Charter as it was, (2) to direct staff to identify all of the housekeeping issues for possible amendments for Council to initiate those changes and to submit to the electors, (3) to do substantial changes which a committee would review, present to Council and then submit to the voters, and (4) to do specific amendments to be considered by a committee, presented to Council and submitted to the voters. council Member Perry felt that there was not wide call to do a charter review. Council Members Alexander, Chew, Smith and Perry felt that there should be no charter review at this time. Mayor Pro Tem Hopkins and Council Member Trent felt that a charter revision should be done. Mayor Castleberry felt that specific amendments should be done. Consensus of the Council was to not proceed with a charter review at this time. 10. The Council received a report and held a discussion regarding proposed "Smoke Free Workplace" and proposed "Use of Smokeless Tobacco Products" policies and gave staff direction. Tom Klinck, Director of Personnel, stated that the first draft of the policy prohibited smoking in all facilities and vehicles. Some '88 City of Denton City Council Minutes February 11, 1992 Page 10 concern was expressed in the Police Department that this would be too strict. As a result of this concern, the City Manager requested the Policy Committee to review the proposed policy and make a recommendation. Discussion focused on trying to find a middle-ground that was not as strict. Thus, the Committee recommended smoking be allowed in vehicles with the following guidelines: (1) employees who were assigned a take-home vehicle could smoke in that vehicle if permission was expressly obtained in advance from all other passengers, (2) smoking would be allowed in department "pool vehicles" provided that non-smoking "pool vehicles" were designated and available and provided that permission was expressly obtained in advance from all other passengers, and (3) smoking would be allowed in open air vehicles such as heavy equipment. Council Member Trent felt that there was no difference between smoking in a vehicle and in a building. City Manager Harrell stated that the rational for reviewing the smoking policy was the basic concern of secondary smoke. The proposed policy wasa compromise policy. Mayor Pro Tem Hopkins felt that there might be a problem in the future in regards to needing more vehicles for non-smokers and for smokers. She felt either all should smoke or no one should smoke. The proposed policy was not fair. She suggested that the policy allow smoking in all vehicles unless someone objected. Klinck suggested amending the policy Section B. to state that "the use of tobacco products is prohibited in the City of Denton vehicles unless permission is expressly obtained in advance from all other passengers." Consensus of the Council was to proceed with that amendment. City Manager Harrell stated that a special call meeting was necessary to consider an annexation request on either March 11, 12, or 13. The meeting would be very short with only one item for consideration. Consensus of the Council was to hold the meeting on March 11 at 4:00 p.m. 11. The Council convened into the Executive Session to discuss legal matters (considered action in Texas Waste Manaqement vs. City of Denton), real estate and personnel/board app~intment~ (received and considered a report from the City Council Municipal Court Subcommittee regarding City Council employees and goals and City of Denton City Council Minutes February 11, 1992 Page 11 objectives related thereto for 1992-92. No official action was taken. With no further business, the meeting was adjourned. BOB~B~~ CITY OF DENTON, TEXAS/ ! yyiFER-~LTERS SEC~TARY OF ~ENTON, TEXAS 89 ACC00044