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
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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
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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