Loading...
Minutes August 04, 1992352 CITY OF DENTON CITY COUNCIL MINUTES AUGUST 4, 1992 The Council convened into the Work Session at 4:00 p.m. in the Civil Defense Room. PRESENT: ABSENT: Mayor Castleberry; Council Members Brock, Smith and Miller. Mayor Pro Tem Hopkins; Council Members Chew and Perry. 1. Budget Presentations Introduction John McGrane, Executive Director for Finance, stated that page 3 and 4 of the budget had a Council calendar for review. The August 11 meeting would have budget presentations. On the August 25th agenda, the Council would be considering the hotel/motel tax recipients budgets with an additional budget study. The September 1 meeting had a public hearing on the budget and a possible public hearing on the tax rate. The September 8 meeting was a final Council budget study for the major budget issues with additional Council information if needed. Approval of the budget was scheduled for September 15. Council could wait until September 20 for approval of the budget but if it was not done by that time, the budget as presented by the City Manager would go into effect. McGrane reviewed definitions which were used in the proposed budget. The target number was the prior year budget with personal services and fixed assets taken out. The target number was made up of supplies, maintenance, services and sundry. If a department could not meet its target number, the department would provide restoration packages which it was willing to give up to meet the number. A department might also have new packages which it was requesting. The target number was calculated with the packages to balance the budget. The baseline budget was personal services, the target number and packages. The current budget was $28,376,920 and the proposed budget was $28,064,160,000. Looking at inflation being 3.5%, the budget was decreasing approximately 4.6% from last year. The decrease also. included the 15% increase built in for insurance increases. Revenues were dropping primarily due to the drop in the certified tax roll which over five years was approximately 11.37%. General Government Catherine Tuck, Administrative Assistant, stated that this budget included the City Manager's office, the city Secretary's office, and Mayor and Council expenses. No new packages and no new personnel were proposed in this budget which had a decrease of approximately 1% over last year's budget. No salary increases were 35,3. City of Denton city Council Minutes August 4, 1992 Page 2 included but there was an increase in insurance of 15%. Supplies had increased slightly due to office supply increases and copy increases. Maintenance increased due to increases in maintenance contracts. The increase in sundry reflected what was actually spent in that area. No fixed assets were in the budget for the next year. Council Member Smith asked what was included in sundry. Tuck replied Council meals, elections, delivery of council packets, etc. Jesus Nava, Assistan~ to the City Manager, stated that the department had taken a $3000 cut in travel. He reminded Council that there would be no money for a "Welcome to Denton" sign for next year. Council Member Miller expressed a concern that the department could not provide services with this budget. Tuck replied that there was no decrease in services t° the community with this proposed budget. She also stated that there would not be a citizen survey in theproposed budget. Community Improvement Cecile Carson, Keep Denton Beautiful Coordinator, stated that the budget for the coming year had a reduction in the overall target number. One of the main reasons for this was the open position in the office and the new employee who would be hired in at a lower salary..~his was reflected as a $6000 decrease in personal services. The department had made cuts but still maintained services to the community. There had been a reduction in travel and a reduction in the advertising budget due to the new ordinance passed by Council relative to the posting of notices. Carson also presented the Keep Denton Beautiful budget. This budget included a transfer from the Solid Waste'fund of $10,000 for operating expenses for the next year. The budget had no personal services as her salary was in the Community Improvement budget. Council Member Miller asked if the positions listed in personal services were filled positions or open positions. McGrane replied that the City budgeted at 100% filled positions for the entire year. It was anticipated that there would be some turn over and some positions held vacant. It was then estimated what that figure would be for the full year. City of Denton City Council Minutes August 4, 1992 Page 3 Council Member Miller asked for the estimate. McGrane replied that it was the estimate for the end of the year. Rick Svehla, Deputy City Manager, stated t~hat Human Resources also looked at trends in the work force and how mobile positions would be in the proposed budget. McGrane stated that during the budget year, departments could not take from the Personal Services accounts. If the funds accumulated during the year and were greater than expected, the funds rolled into the fund balance. Leqal Debra Drayovitch, City Attorney, presented the legal department budget. There had been an increase of 1% due to litigation costs and reclass%fications due to the Mercer study. The travel budget had been cut from the target number as well as a cut in court costs. One package had been proposed for overtime which added $800 for overtime. After their budget had been submitted, they were asked to make additional cuts which they made in special services, phone costs and office supplies. The department did not anticipate any decrease in service levels due to the proposed budget. Council Member Perry joined the meeting. Council Member Miller asked where court costs appeared in the budget. Drayovitch replied it was in sundry. It fluctuated due to the type of court suits. Council Member Miller asked if other departments included court costs in their budgets. Drayovitch replied no it was a collective effort to meet the costs. Council Member Smith asked that if court costs were cut from $2000 to $1000 was the Attorney assuming there would not be as many court costs. Drayovitch replied that it was a gamble to see what types of suits and the number of suits which would be presented to the City. Council Member Brock asked about'outside attorneys in the budget. Drayovitch replied it was in the services category of the budget. 355 City of Denton City Council Minutes Augq/st 4, 1992 Page 4 McGrane stated that the City Manager's contingency fund could be used for an extraordinary case as could Personal Services if necessary for a legal case. Municipal Judge SandraWhite, Municipal Judge, stated that her budget included one full-time judge, one part-time judge and a full-time secretary. She was requesting a computer terminal and laser printer for her office and the necessary hook up to the main frame. This was the second time she had requested that equipment. The addition of the equipment would make her office more efficient. Her budget would be over in the phone category due to the debt service for the new phone system. Dues and publications had been cut but in reality the costs would be increasing in the next year. The largest cut in the 2% reduction would come in the part-time judge's salary. It appeared that the juvenile cases would be returning to the City and that would require more time for the part-time judge. White presented a list detailing the amounts of money she had returned to the budget during the past several years. She did not feel that she could handle a 2% cut in her budget. Planninq & DeveloDment Frank Robbins, Executive Director for Planning, stated that he would be presenting the budgets for Planning and Development, Building Inspections and Main Street. In the Planning and Development budget there was an increase in personal services due to Mercer, supplies were up due to GIS supplies, maintenance had no change, and services and sundry were decreased. The target number also did not include grants such as the certified local government grant. There was no decrease in the target number. The amount of money requested for next year was $1680 less for certified local government grants than the last year. Building Inspections - there was no decrease in service level but a decrease in~ the target figure from miscellaneous cuts in supplies, maintenance for radio equipment and dues and publications plus a decrease in the motor pool.fund. Main Street - there was a decrease in the target number which was reflected in a 2% decrease from th,~ special services area. There would be no decrease in level of services in the Main Street department. Mayor Castleberry asked about the part-time personnel working in the Main Street office. 35,6 City of Denton City Council Minutes August 4, 1992 Page 5 Robbins replied that one position was paid for by the private sector and one was paid for by the certified local government grant. He noted an error on page 151 of the proposed budget document in personnel/worker years which had 0 and should have been one in professional and one in Main Street. Council Member Chew joined the meeting. Human Services Barbara Ross, Community Development Coordinator, stated that the Human Services Committee wanted the opportunity to revisit its preliminary recommendations. The Committee had requested that any direction for the budget would be helpful and they would return to the Council with final recommendations for the budget. Council Member Smith asked what the Committee was requesting. Ross replied that if the budget were to be cut, the Committee would like to recommend where the cuts should be made and which agency would receive the funds. Mayor Castleberry asked if there would be new programs added in this budget. McGrane replied that the recommendation of the Committee was that if the dollar amount was kept at $114,444, the Committee would like to reallocate that amount. If the amount was left at the current level of $115,000, the Committee would also like to reallocate the funds. If the Council kept the recommendation of the Committee, then there would be two new programs. Mayor Castleberry asked the Council for their feelings on the addition of new programs. Council Member Smith felt that no new programs should be added at this time. Council Member Miller felt that a look could be made at the total funding and let the Committee determine the allocation of the money. Mayor Castleberry stated that when two new programs were added with an allotted amount of money, the following year the two programs would be funded again. Ross replied that current policy adopted by the Council was to provide seed money for three years and after three years the 357 City of Denton city Council Minutes August 4, 1992 Page 6 organization would no longer receive any money. Mayor Castleberry asked if any organization had ever been dropped from receiving money. Ross replied no that each of the current agencies had been funded prior to that policy. Council Member Perry asked how a decrease in funding would affect grant funding for the agencies. Ross replied that she would provide information to the Council on how a 1% decrease would affect the agencies in terms of grant allocations. Consensus of the Council was to follow the recommendation of the City Manager and reduce the agencies budget by 1%. Questions were raised as to whether to use funding allocations based on the current allocations or reduce the allocations by 1%. Ross indicated that the Committee could present two recommendations to the Council. One would be based on a 1% reduction and one based on the current budget. Council took a short recess for dinner. Finance - Administration John McGrane, Executive Director for Finance, stated that the Finance Administration budget would be reduced by $2000. This would be accomplished by changing the budget production. The color graphics would be reduced and the number of copies distributed would be limited. Other than the increases in personal costs due to insurance, the budget remained the same. Except for the cut in the budget production line item, the same level of service would be provided. McGrane pointed out the salary savings figure under Miscellaneous Expenses and Contributions to Other Agencies which was the number anticipated for normal turnover or vacant positions which offset the 100% budgeting done in personal services. He also pointed out the TMRS figure, which reflected an increase for employees in lieu of a salary increase, was half of the funding required to bring the 1% pension increase. That money would be set aside and if available for the next year, the second half would be increased. McGrane called attention to the figure listed under the line item for the County Tax District~ The amount was $169,812 which was the Denton Central Appraisal's District budget. The District had proposed an additional position and a 3% salary increase. The Council would be considering a resolution during the 358 City of Denton City Council Minutes August 4, 1992 Page 7 regular meeting concerning the District's budget. If the Council did no action on the District's budget, the budget would be approved. If the Council and a majority of the other districts disapproved the budget, the District would have to present a different budget. McGrane stated that part of Finance Administration was the Risk Management program. The City was primarily self-insured for workman's compensation. An actuarial study projected that the City needed $3.25 million fund balance for the program. A five year plan had been initiated to fund that program and that amount had been reached. The liability insurance had increased due to increased accidents. The Council was also considering at the regular sessiOn a recommendation from the Audit Committee regarding hiring a firm for next year. The annual costs had been reduced which would be a five year savings of $47,500. Purchasinq/Warehous~ Tom Shaw, Purchasing Agent, presented the budget for Purchasing and Warehouse. He stated that there had been a decrease in services and supplies for the proposed budget. There were no new packages or capital expenditures and no expectation of decrease in level of service. The Warehouse budget had no changes in service levels. One new package had been requested which was a new copy machine for use in the office area of the Service Center. As this would be a working capital fund, the money spent for the machine would be reimbursed through charges for individual copies. Treasury Operations Harlan Jefferson, Director of Treasury Operations, stated that the Treasury budget would remain at the same level of service. The total budget for that department represented an increase of $1,411 due to the projected increase in health insurance premiums as well as telephone increases. There was a restoration package for armored courier~service for cashiering. The Tax Department budget would have the .same level of service as the current year. There was an increase in supplies due to postage increases with an additional maiiing for delinquent tax notices. The additional mailing had resulted in an increase in delinquent tax collection. Municipal Court would reflect the same level of service. There was an increase in personal services and postage. There was an estimated revenue shortfall of $300,000 in Municipal Court for the current year and an estimate of $100,000 short of this year's budgeted amount. Customer Service would operate at the same level of service. The internal auditor position would remain in the proposed budget. 359 'i City of Denton City Council Minutes August 4, 1992 Page 8 Accounting and Budqet Operations Kathy DeBose, Director of Accounting and Budget Operations, stated that there were some minor changes in her budget. The proposed budget reflected a position which would be funded out of the Electric Division to assist in implementing Federal Energy Regulatory Commission accounting. The following year that position would be funded out of her budget. A new ambulance billing system was being discussed and Council would be considering it during the regular session. Information Services Gary Collins, Director of Information Services, stated that Information Services provided data processing, word processing, telephone services and administrative services to the other departments throughout the organization. Overall the department was looking at a 2.5% increase mainly due to personal service areas. In Administrative Services two part-time positions would be changed to two full-time positions to meet the needs of the court system demands on Administrative Services. The Data Processing budget reflected a small increase due to insurance increases. Parks & Recreation Administration Division Janet Simpson, Park Planning Coordinator, stated that the Administration Division made up approximately 10% of the overall Parks and ReCreation Department. There was a slight decrease in the proposed budget which was reflected in personal services due to the vacancy of the Director's position. A critical issue was the Civic Center swimming pool improvements. She stated that although the department budget as a whole had decreased this year, it did not mean that the needs had decreased. Leisure Services Alicia Mentell,~Superintendent of Leisure Services, stated that her department operated out of the general fund and the recreation fund. General fund dollars were derived from property taxes while recreation fund dollars were derived from class fees. The philosophy of full funding included recreation centers, the Senior Center, and the Civic Center which paid for the management and supervision of those facilities for items such as utilities and basic services. It provided for full funding for community-wide special events and approved funding for special populations such as seniors, youth, and the disabled. It also provided for approved funding for non-subsidized programs which would be too expensive for the public. The Recreation fund was intended to be 100% self- 36O City of Denton City Council Minutes August 4, 1992 Page 9 supporting and funded programs, classes, and events for specific recreational interests. The fees would cover instruction, equipment, supplies, service costs, and some administrative costs. An administrative fee would be reimbursed to the general fund for each class participant. A proposed reduction in services which affected both the general fund budget and the recreation budget was the elimination of an athletic supervisor position which currently managed adult athletics, aquatics, and golf. The impact would be to restructure the adult athletic programs to provide for self- management through the associations; to place aquatics under the direct supervision of a leisure service manager; and to close down the driving range or explore the possibility of a lease option arrangement with a private entity for its management. The athletic supervisor position was paid half from the general fund and half from the recreation fund. Mentell displayed how the leisure services division proposed budget reduction would be impacted. Mayor Castleberry asked about the personnel reduction in the proposed budget. Mentell replied that that position was the athletic supervisor position and that half of the reduction came from the general fund budget and half from the recreation fund budget. Parks Division Bob Tickner, Superintendent of Parks, presented the parks division budget. That division provided maintenance and development for parks and recreation and was responsible for the parks, medians, cemeteries, right-of-ways, etc. The proposed budget was the same as last year with no major changes. The department would be receiving one new truck for litter removal at the parks. Major budget issues included increased mowing with the addition of the new park and Loop 288 mowing. The City would no longer lease 13 acres from the DISD and would substitute the mowing at the new park site. In order to accommodate the mowing of the Loop 288 area, there would be 30 acres at North Lakes Park which would go under construction for ball fields. An additional 30 acres at North Lakes would move from a class level D and would no longer be mowed. Tickner indicated that residents in the area might express concern that those areas would no longer be mowed. Council Member Chew asked about the cost to maintain the 30 acres at North Lakes. Tickner replied that it would cost approximately $3000 per year to continue to mow the area. 361 City of Denton City Council Minutes August 4, 1992 Page 10 Council Member Brock asked about provisions to use the maintenance staff time when they were not able to be out mowing. Tickner replied that those employees would shift to indoor work or continue to mow during a light rain. They would also weed, do construction repair work in the parks, or paint signs. Council Member Mil~er asked if it would be possible to make a path for the walkers in the areas that would no longer be mowed. Ticker replied that he would try to do that. Library Joella Orr, Librarian, presented the budget for the library. She indicated that the grant had been formally approved for construction of the branch library. She detailed how the budget was changed in order to me6t the target number. In order to reach the 2% decrease from target number there would be no staff development money, materials had been cut but not in the area of the childrens department, and special services area was als0 cut. Council Member Chew asked for the total dollar amount of cuts in that department. Orr replied that it was approximately $19,060. Council Member Perry indicated that he was interested in moving toward automation of the library as soon as possible. Council Member Chew expressed concern about the quality of service which would be available to patrons if the proposed cuts were initiated. Betty McKean,.EXecutive Director for Economic Development/Municipal Services, indicated that another issue was county funding. There continued to be a problem in operating the library due to the degree to which county residents had to be subsidized. Council MemberiMiller asked about the option of not building a branch library and using that money in the present facility. Orr replied that the current building was located in a flood plain so anything built would be more expensive and would have to go into theparking lot. Land across the street would have to probably be purchased for a parking lot if the current building were expanded. 362 City of Denton City Council Minutes August 4, 1992 Page 11 Environmental Health/Animal Control Nonie Kull, Manager of Environmental Health Services, presented the budgets for environmental health and animal control. The environmental health expenditures would be less than they had been previously. It was anticipated that there would be a shortfall in revenues due to the decrease in applications for restaurants and food handler permits. There was a proposal for an increase in food establishment fees in which each additional $10 fee increment would generate an additional $2,820 in revenue. Reinspection revenues generated were not based on incremental percentage increases due to expected compliance by food establishment owners. The animal control expenditures would be less than the current year. Revenue would be slightly higher. The proposed budget included a position reduction of a seasonal animal control officer position. This elimination would require the discontinuing of an officer on duty from 5:.00 p.m. to 8:00 a.m. Monday through Friday from April 1 through September 31. Municipal Services/Economic Development Linda Ratliff, Economic Development Coordinator, presented the budget for municipal services and economic development. She indicated that there would be an increase in the personal services category due to the Mercer study. In order to reach the target number, supplies and maintenance were lowered. A supplemental package to attend the.-Basic Industrial Development Seminar had been included in the proposed budget but had not been funded. There were no major changes in the proposed budget from the previous year. Facilities Manaqement Bruce Hennington, Superintendent of Facilities Management, presented the facilities management budget. He detailed the responsibilities of his department. The proposed budget had been reduced in two areas. One area was for insect control which had been reduced to every other month as opposed to monthly and a reduction in electric and utility costs. There were no other major changes in the proposed budget. Due to time constraints, the Human Resources budget was not discussed and would be considered at the next Council meeting. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chamber~. 363 City of Denton City Council Minutes August 4, 1992 Page 12 PRESENT: Mayor Castleberry; Council Members Brock, Chew, Perry, Smith and Miller. ABSENT: Mayor Pro Tem Hopkins 1. Pledge of Allegiance The Mayor and members of the audience recited the Pledge of Allegiance. 2. Presentation of Keep Texas Beautiful Awards. Mayor Castleberry and John Cooper, Chair-Keep Denton Beautiful Board, presented the Keep Denton Beautiful Awards. The City of Denton received the Sustained Excellence Award of 1992. The Winners Circle Award and the Keep Texas Beautiful Proud Community Award were also presented to the City. The Ruthe Jackson Youth Award was given to the Denton High School Ecology Club, Woodrow Wilson Elementary School and Hodge Elementary School. Gertrude Gibson received a Certificate of Merit for the O.P. Schnable Award. The Denton Record-Chronicle received a Certificate of Merit for media. Cindy Bickhause received a Certificate of Merit for Sadie Ray Graff Educator award and Cecile Carson received a Certificate of Recognition Presenter Award for training in the Waste in Place Program. The Mayor presented a proclamation for Roberta Donsbach Day. 3. Public Hearings A. The Council held a public hearing to consider the preliminary and final replats of portions of Lot 2, 3, 4, 5, and 6, Block B; into Lot 6R, Block B of the Schmitz & Ripy's Addition. The .4128 acre site was at the southeast corner of Bell Avenue and Schmitz Street. (The Planning and Zoning Commission recommended approval, 5-0, at its July $ meeting. The preliminary replat was recommended conditionally.) Frank Robbins, Executive Director for Planning, stated that this was a replat of four lots into a single lot. The property was cqrrently zoned MF-1. The Planning and Zoning Commission had recommended approval of the preliminary and final replats. The preliminary replat was recommended with the condition that an additional five feet of right-of-way be dedicated along the Schmitz Street frontage. The Mayor opened the public hearing. 364 City of Denton City Council Minutes August 4, 1992 Page 13 No one spoke in favor. No one spoke in oppositioh. The Mayor closed the public hearing. Chew motioned, Smith seconded to approve the plats. On roll vote, Brock "aye" Miller "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 rezoning .4128 acres from Multifamily (MF-1) to General Retail, (GR-C). The land was located on the southeast corner of Bell Avenue and Schmitz Street. (The Planning and Zoning Commission recommended approval, 5-0 at its July 8, 1992 meeting.) Z92-015 Frank Robbins, Executive Director for Planning, stated that this was a rezoning of property the Council had just given approval of for the preliminary and final replats. The property was in a moderate activity area. Due to the rezoning of the property to general retail and the fact that it was in a moderate activity area, this would be a disproportionate allocation of intensity trips. According to the Denton Development Plan, if a proposal violated the policy of proportionate share, a determination needed to be made of any planning consideration that might warrant approval of a disproportionate allocation of intensity trips. The following items needed to be considered: (1) the location of the proposed development in reference to existing or proposed public facilities such as streets, water or sewer lines, and drainage facilities - the property would only have access to Schmitz Street and none to Bell. Water and sewer lines along Schmitz and Bell were. adequate for the proposed use, and existing drainage facilities would handle water runoff from the site. Thus this policy was complied with. (2) the topography of the land in the planning area and in the proposed development - the site .had a large amount of protected trees. These trees helped create the character of the area. No major modification of the natural drainage patterns was warranted. In keeping with these statements, the applicant had agreed to conditions which would preserve a large portion of the trees. (3) the land use in the planning area and in the surrounding area - the surrounding land uses were mainly multi- family. To the west was a T. W. U. classroom building and student parking lot. A commercial parking lot or other small retail business would not have a negative impact on the character of the area. (4) the allocation of trip generation intensity in reference to other policies of the plan - all of the allowed uses in GR zoning included many that were incompatible with t~e character of 365 City of Denton City Council Minutes August 4, 1992 Page 14 the neighborhood. These incompatible uses were excluded from the proposal, leaving a list of uses that would not negatively impact the area and would blend with the existing neighborhood. Based on the four criteria, the Planning and Zoning Commission found that the allocation of the intensity should be allowed. The Planning and Zoning Commission included the following conditions: (1) the floor to area ratio of any structure would not exceed .3 to 1; (2) the height of any structure would be limited to two stories; (3) existing vegetation of 2-inch caliper or greater located within 20 feet of the Bell Avenue right-of-way, within 14 feet of the Schmitz Street right-of-way, within 15 feet of the southern property line, and within 10 feet of all other property lines, would be preserved in a healthy condition; (4) the building line paralleling the southern property line would be 15 feet and (5) allowed uses would be limited, along with three uses with an approved specific use permit. The Mayor opened the public-hearing. Doyle Conine, representing Conine Capitol Corporation, spoke in favor of the proposal. He requested the Council approve the request. The intent of the development was to build a parking lot on the property. The existing landsc~ping would be used. plus additional landscaping according to the landscape ordinance. This would be an asset to the City and to the University. It was hoped with the zoning that the parking facility would help relieve some of the parking on the streets in the area. Council Member Smith asked if there would be a parking building. Conine replied no that it would be a surface lot. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 92-124 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY ONE (MF-1) TO GENERAL RETAIL (GR) DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 0.4128 ACRES OF LAND LOCATED NEAR THE TEXAS WOMAN'S UNIVERSITY CAMPUS, ON THE SOUTHEAST CORNER OF BELL AVENUE AND SCHMITZ STREET; PROVIDING FOR A PENALTY IN THE MAXI~EUMAMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 366 City of Denton City Council Minutes August 4, 1992 Page 15 Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance amending Specific Use Permit No. 201 on property zoned Light Industrial for the purpose of expanding the Denton County Jail Facility by constructing four dormitory type detention housing units. The property contained 21.97 acres and was located on the west side of Woodrow Lane, approximately 350 feet south of McKinney Street. (The Planning and Zoning Commission recommended approval, 4-1, at its July 22, 1992 meeting.) Z-92-016 Frank Robbins, Executive Director for Planning, stated that building permits would be issued shortly for the permanent jail facility. The Development Plan policy did' not apply to the analysis but the "rule of reasonableness" did apply to this case. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 92-125 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC USE PERMIT FOR THE COUNTY OF DENTON, TEXAS, ON 21.97 ACRES OF LAND LOCATED ON THE WEST SIDE OF WOODROW LANE, APPROXIMATELY 350 FEET SOUTH OF MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Consent Agenda Smith motioned, Perry seconded to approve the Consen% Agenda as presented. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 367 city of Denton City Council Minutes August 4, 1992 Page 16 A. Bids and Purchase Orders: 1. P.O. #23767 - Alan Nelson Architect 5. Ordinances A. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement hiring Alan Nelson Architects for professional consulting services in connection with listed building maintenance and construction projects. (4.A.1. - P.O. #23767) The following ordinance was considered: No. 92-126 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT HIRING ALAN NELSON ARCHITECTS FOR PROFESSIONAL CONSULTING SERVICES IN CONNECTION WITH LISTED BUILDING MAINTENANCE AND CONSTRUCTION PROJECTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Item ~9 was considered. 9. The Council considered a request from the North Texas State Fair Association to allow the use of loudspeakers, amplifiers and musical instruments August 24 through August 27, 1992 until 11:00 p.m.; on Friday, August 21 and August 28, 1992 until 12 midnight; on Saturday, August 22 and 29, 1992 until 12 midnight; on Sunday, August 23 from 1:00 p.m. to 11:00 p.m.; and on Sunday, August 30 from 8:00 a.m. to 4:00 p.m. for the purpose of the North Texas State Fair and Rodeo. Mayor Castlebe~ry indicated that there were speaker cards from individuals who did not wish to speak. There were two cards in opposition and five in favor of the request. Gene Truss spoke in opposition to the request. He had lived near the Fairgrounds for 16 years. A petition of 250 signatures had been presented to Council in April regarding the Fairgrounds which had expressed the widespread concern the neighbors had about numerous nuisances associated with events as the Fairgrounds. Since that time, the neighbors had formed the North Denton Center 368 City of Denton City Council Minutes August 4, 1992 Page 17 Neighborhood Association. The Association had adopted the COPS program and had meetings relative to security in the neighborhood. They were requesting that the Council not grant the variance. The neighbors were not in opposition to the concept of the fair or the rodeo but rather the nuisance it presented. Denton had grown since the early days of the facility and the facility was now too small to handle the large crowds. There were problems of traffic, noise, parking, obscene behavior and other related events. Litter was a problem and there was a noise problem even after the facility closed with people leaving the area. Mayor Castleberry asked for staff presentation. Catherine Tuck, Administrative Assistant, stated that the request was for an exemption of the noise ordinance for the time period after 10 p.m. and the use of loudspeakers on Sunday. The exemption was requested so that the Fair would continue operation and so that a noise complaint would not result in a citation. The Police Department received complaints in the area during events and without an exemption, the Fair would receive a citation. Council Member Smith asked what were the hours of the Fair in the past. Tuck replied that the hours requested were the hours used in the past. Council Member Perry asked that Lt. Welborne's memo be read for the benefit of the audience who might not have the memo. Tuck read the memo which was included in the agenda back-up materials. Russell Trap stated that he was against the Fry Street Fair being held on the Fairgrounds due to the churches in the area and the Easter holiday. The Fair Association had never caused him a problem in all the years he had lived in the area. He knew the Fairgrounds was in the location when he built his house in the area. The Association helped youth and charities and he was in favor of the Association,s request. Dorothy Yarbrough stated that she knew the Fairgrounds was present when they bought their house but the loudspeakers were now unbearable and she could not go to church on Sunday due to all of the traffic in the area. The parking was very bad and came all the way down to her house which was three blocks from the Fairgrounds. The noise took at least an hour to settle after the grounds closed. 369 City of Denton City Council Minutes August 4, 1992 Page 18 Laurence McClendon stated that if the variance was not granted, then the City should enforce the noise at the football games at the High School and the University of North Texas. There was noise from the entertainment and not just from bands. Carol Ganzer spoke in favor of the request. The Fair brought in money for the City through increased participation of its citizens and increased hotel/motel occupancy. Parking was a problem and perhaps no parking signs could be .placed on Carroll Blvd. to help with the parking in the area. Burl Bourland spoke in favor of the request. There would be a large amount of animals shown at the Fair. He read the criteria which the youth must meet in order to show their animals at the Fair. With the amount of animals which had to be shown, there was no way those animals could be shown in the day'time. Council Member Perry asked about the excessive heat for the animals. Might it be easier on the animals to hold the event later in the fall. Bourland replied that the current time was better suited for the Fair as the children were not in school at this time of the year. There would still be a time factor involved with the amount of animals which had to be shown. Stephanie McKnight stated that she was a member of the North Texas State Fairgrounders. Her group carried the flags and set the pivots for the grand entries at the rodeo. She asked the Council to grant the variance. Jerry Burger stated that some of the problems in the neighborhood might be due to the cook-offs held on the grounds. Those tended to run later at night. The bands played for entertainment but were not all night. Some of the money raised went to charities and if the hours were not allowed, the money could not be raised. Bob Powers stated that this would be the 44th year the Fair would be held at this location. Many civic organizations participated in the Fair as fund raisers for their groups. He detailed the events held at the Fair. In order for the Fair to be a success, the hours requested must be granted. The funds generated by the Fair helped update the Fair and renew the grounds. He asked the Council to grant the variance request. Council Member Chew asked if this was the first time a variance had been requested. 370 City of Denton City Council Minutes August 4, 1992 Page 19 Powers stated this was the first time for the request as the Fair had_not been aware of the ordinance in prior years. Council Member Smith asked if the Fair had started at 8:00 a.m. on Sunday in the past. Powers replied that a goat show was on Sunday morning. Council Member Perry asked if there was any imposition on the neighbors by the Fair. Powers replied that he was not aware of any during the Fair itself. The Fair tried to keep the area as clean as possible. He had never had any complaints during the Fair itself. The Fair was primarily a family affair. Council Member Perry asked if he had been aware of the problems associated with the Fair. Powers replied no. Council Member Perry asked if after being made aware of the problems, had the Fair attempted to meet with the neighbors regarding those problems. Powers replied no that he was not aware of any problems. He had attended the neighborhood meeting but it dealt with the crime in the area. Council Member Perry asked Powers if he was aware of the noise ordinance. Powers replied no he had never been aware of any noise ordinance. Council Member Brock asked if the exhibits would be open at 8:00 a.m. or would there be any use of loudspeakers on Sunday. Powers stated no that the Fair closed officially at twelve p.m. on Saturday night except for the goat show. Council Member Brock asked approximately what percentage of the crowd would be present for the goat show. Powers replied that only approximately 1% of the people at the Fair on Saturday would be present on Sunday. Council Member Miller asked if there were items which could be done this year to help with the noise this year. 371 City of Denton City Council Minutes August 4, 1992 Page 20 Powers replied that one area would be the noise after the Fair closed each night and to clear the area quicker. Mayor Castleberry asked how many events the Fair had on the grounds each year. Powers replied that there was an event at the Fair almost every weekend of the year. Mayor Castleberry asked if the Fairgrounds were a draw for people out of the City. Powers replied that it was a large draw for people outside the City. Council Member Perry asked if some of the events at the Fairground had a lease arrangement with the Fair such as the carnivals. Powers replied that the facility was leased for many of the events. Council Member Perry stated that some of the merchants in the area had problems with the Fair as their parking was taken away during the Fair. Powers stated that they had talked with some of the merchants in the area and they decided that the Fair helped with their business. Bobby Jones stated that he had objected to the Fair in the past and the Fair had complied with his complaints. He asked the Council to approve the variance and give the Fair a chance to work out the problems. He felt compromise was in order. Burl Nuckles stated that he was in opposition to the variance as was previously stated. He felt that there might be some room for compromise in the request. The machinery noise was tremendous and that was possibly worse than the music. He suggested closing the Midway earlier as this was the source of the most noise. Dave Ham stated there were a lot of citizen complaints regarding the Fair and the ordinance should be enforced. It should be enforced by the Fair itself. Mayor Castleberry stated that if the ordinance was enforced as it was written, one phone complaint about a high school ball game past 10:00 p.m. closed that game. That was also true of a university game or any other event. That needed to be kept in mind. 372 City of Denton City Council Minutes August 4, 1992 Page 21 Council Member Chew stated that he would like the Fair Association and Neighborhood Association work out a compromise and suggested tabling the item. Powers indicated that the problem was that contracts had been signed before the Fair was aware of the ordinance. Council Member Perry asked if the problem was with the amplified music. Powers stated that they had vendors they had signed a contract with and the contract indicated hours of operation. If the variance was not granted, those contracts could not be honored. Council Member Chew stated that if the Fair talked with the neighbors, the hours might be able to be worked out. Powers replied that the F~ir needed to know the results of the variance so that they could proceed with the planning of the Fair. Council Member Smith stated that she understood the position of the neighborhood very well. She was impressed with the formation of the neighborhood association. The problem did not begin overnight and it would take a long time to resolve. She felt it was too late to begin working on this problem at this time. She felt communication and working together was the key. Council Member Miller felt that the Fair had operated in good faith for 44 years. He felt that the Fair previously had not known that they were in violation of a City ordinance. The Fair was not just a taker from the community, it was a giver as well. This issue needed to be looked at for the future. He felt the action of the Council with the Fry Street Fair situation had aggravated the situation. Council Member Perry stated that the nuisance aspect of the Fair was an old problem and certainly was not new. The Fair was aware of the problemsland he had not heard of any effort on the part of the Fair to help solve those problems. Powers stated that for the past ten years he had worked at the Fair and except for one year, he had not received any complaints at the Fair office. Mayor Castleberry felt that it was too late to deny the variance at this point in time. He knew that the Fair Association Board was interested in working with the neighborhood. He would be happy to attend the neighborhood meeting to help facilitate the problems in 37'3 City of Denton City Council Minutes August 4, 1992 Page 22 the area. Council Member Brock pointed out that she was a member of the Blue Ribbon Committee which supported the Fair. The Fair had grown during the years. There were problems which needed to be solved but which could not be solved tonight. She moved to grant the variance until midnight on Friday and Saturday, until 4:00 p.m. on Sunday and until 10:00 p.m. during the week. Council Member Chew seconded the motion. Debra Drayovitch, City Attorney, stated that there had been discussion regarding the discovery and enforcement of ordinance. It was not a violation to operate a loudspeaker during the prohibited hours. It would give it credence if the operation of such an amplifier or loudspeaker system would offend, annoy or disturb persons of ordinary sensibilities in the immediate vicinity. Council Member Miller stated that he would vote against the motion as it set a precedent of 10:00 p.m. The ordinance already set the limit at 10:00 p.m. Council Member Smith asked for a review of the motion and second. Council Member Brock reviewed her motion. Council Member Smith asked Powers if he had contracts~which would extend into those hours. Powers stated that they had commercial vendors contracted past those house along with the rodeo. The Council voted on Brock's motion. On roll vote, Brock "aye", Miller "nay", Smith "nay", Chew "aye", Perry "aye", and Mayor Castleberry "nay". Motion failed with a tie vote. Miller motioned, Smith seconded to grant the variance as requested. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4- 2 vote. Item 6.B. was considered. 6. Resolutions B. The Council oonsldered approval of a resolution temporarily closing the 100 block of West Oak, North Elm, West Hickory and North Locust Streets from 6:00 a.m. - 6:00 p.m. on 374 City of Denton City Council Minutes August 4, 1992 Page 23 Saturday, September 19, 1992 for "County Seat Saturday". Jane Biles, Main Street Coordinator, stated that this was an annual event for County Seat Saturday. There were three merchants who opposed the closing of the street and in all the cases, the businesses had access to their buildings from the rear. The following resolution was considered: No. R92-042 A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, 100 BLOCK OF WEST OAK STREET, 100 BLOCK OF NORTH LOCUST STREET AND 100 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 19, 1992; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council returned to the regular agenda order. B. The Council considered adoption of an ordinance approving the retainer of the law firm of Henderson Bryant & Wolfe to represent the City in pending litigation styled Paul Iwuchukwu v. City of Denton. The following ordinance was considered: No. 92-127 AN ORDINANCE OF THE CITY OF DENTON APPROVING THE RETAINER OF THE LAWFIRM OF HENDERSON BRYANT AND WOLFE TO REPRESENT THE CITY IN PENDING LITIGATION STYLED PAUL IWUCHUKWU V. CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "a~e", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving settlement and release in Winterrowd v. Casteel, et al. The following ordinance was considered: 375 city of Denton City Council Minutes August 4, 1992 Page 24 No. 92-128 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT IN THE MATTER OF WINTERROWD V. CASTEEL, ET AL; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance amending Chapter 27 of the Code of Ordinances by the addition of Article V thereto establishing an Emergency Medical Subscription Service; providing for procedures and authorizing charges therefore; and establishing membership fees. John Cook, Fire Chief, sta~ed that this was a budget issue in the current budget year. It was a type of insurance policy for ambulance service which would allow an individual through his utility bill to pay a fee of $36 per year at the rate of $3 per month in order to buy an insurance policy for ambulance service. If an individual were a subscriber, that would be the only bill he or a member of his family would receive for ambulance service for the entire year. Council Member Brock asked that if she subscribed and paid the fee, would city employees make claims directly to her insurance company. Cook replied yes that the ordinance would allow the City to direct bill the insurance company. The individual would not receive any additional bill. Council Member Perry asked how this applied to Medicare and Medicaid. Cook replied that the City currently did not accept Medicare and Medicaid assignments. It would apply to someone who was on Medicare and had paid the fee. There would be no additional bill for any individual who paid the fee. Council Member Brock if the fee was per person. Cook replied that it was per household but for a retirement home, it would be per individual. Rick Svehla, Deputy City Manager, stated that there was a blank for the effective date which would be September 1, 1992. 376 City of Denton City Council Minutes August 4, 1992 Page 25 The following ordinance was considered: No. 92-129 AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 27 OF THE CODE OF ORDINANCE BY THE ADDITION OF ARTICLE V THERETO ESTABLISHING AN EMERGENCY MEDICAL SUBSCRIPTION SERVICE; PROVIDING FOR PROCEDURES AND AUTHORIZING CHARGES THEREFORE; ESTABLISHING MEMBERSHIP FEES; AND PROVIDING FOR EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance with an effective date of September 1, 1992. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance contracting with an auditing firm for the City of Denton for the year ending September 30, 1992. John McGrane, Executive Director for Finance, stated that requests for proposals had been sent out with eight responses. The top three candidates were reviewed by the Audit Committee. The Committee recommended that the firm of Deloitte and Touche be retained. The contract amount was not to exceed $32,500. The following ordinance was considered: No. 92-130 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTEAND TOUCHE TO PROVIDE AUDITING SERVICES AS AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1992; AND PROVIDE AN EFFECTIVE DATE. Brock motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance naming a public park. (The Parks and Recreation Board recommended approval.) Janet Simpson, Park Planner, stated that on June 15, 1992 the Parks and Recreation Board selected a committee which was responsible for recommending a name for the new park. The Committee chose to submit the top two names for the Parks and Recreation Board consideration which were South Lake and Southern Trails Park. The City of Denton City Council Minutes August 4, 1992 Page 26 377 Park Board recommended to forward the two names to the Council for consideration. Tom Judd, Chair of the Committee, felt that the two names were close as far as voting from the Committee. Three of the members were in support of Southern Trails rather than South Park. Mayor Castleberry stated that the Committee had suggested South Lakes and not South Lake. The following ordinance was considered: No. 92-131 AN ORDINANCE NAMING A PUBLIC PARK; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Smith seconded to name the park South Lakes Park. Council Member Miller stated that the City had applied for a grant which showed lakes. If the grant were not received, would the strategy be to develop the lake rather than the trails. Simpson replied that the lakes were a critical part of the design. If there were no grant, she would guess that the trails would be built first rather than the lakes. Council Member Miller stated if there were no grant, would the priority be trails without regard to the name or would, as the name was Lakes, the priority be lakes over trails. Council Member Chew stated that the priority would be the trails if there were no grant no matter what the name was. Mayor Castleberry stated that there might be the possibility that Acme brick might want the clay from the area. Simpson indicated that staff was talking with Acme Brick and hoped that some agreement might be worked out that in exchange for the clay in the area, Acme Brick would do the excavation of the lakes. Council Member Brock indicated that she did not see this park as a southern extension of North Lakes Park. She felt it was important to make it a distinctive name over North Lakes and was in favor of Southern Trails. On roll vote, Brock "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5- i vote. 378 City of Denton City Council Minutes August 4, 1992 Page 27 6. Resolutions A. The Council consider approval of a resolution appointing Tom Harpool to the Board of Directors of the Texas Municipal Power Agency. Rick Svehla, Deputy City Manager, stated that this was a routine resolution needed after the Council had appointed a member to the Texas Municipal Power Agency. The following resolution was considered: No. R92-041 A RESOLUTION APPOINTING TOM HARPOOL TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; A_ND DECLARING AN EFFECTIVE DATE. Chew motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. Item B. was considered earlier in the meeting. C. The Council considered a resolution regarding the 1992-93 budget of the Denton Central Appraisal District. John McGrane, Executive Director for Finance, stated that there was a request from the Denton County Judge regarding input on the District's budget. The primary concern was the 3% increase for employees and the addition of a new position. If the majority of the entities disapproved the District's budget, it would have to submit a new budget. The following resolution was considered: No. R92-043 A RESOLUTION OF THE CITY OF DENTON, TEXAS DISAPPROVING THE 1992-93 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Council Member Chew stated.that he had a lot of problems with the budget due to the fact that City employees would not be receiving any increase. He motioned, Miller seconded to disapprove the budget. 379 City of Denton city Council Minutes August 4, 1992 Page 28 MaYor Castleberry indicated that David Biles wished to address this item. Mr. Biles stated that the DISD had disapproved the proposed budget as had several other entities. They all had the same concerns as Council Member Chew. He had a concern regarding what was a merit raise as well as the new position. He did not feel this was the time to add a new position. He urged the Council to disapprove the budget. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council received a presentation and held a discussion regarding affirmative action hiring for certain classes of City employees and gave staff direction. Rick Svehla, Deputy City Manager, stated that staff was requesting direction as to whether to hire from the.eligibility list. Tom Klinck, Director of Human Resources, stated that Human Resources, Police and Fire Departments had coordinated recruiting activities at universities with populations which were predominately protected class. Fifteen colleges and universities had been visited whose populations were predominately protected along with other special efforts including a minority job exposition, Cinco de Mayo, Hispanic and African-American radio spots. Other special efforts included the university job lines, MLKRecreation Center special recruiting night, recruiting display and brochure and orientation and study tutorial to help with the civil service exam. Results of those activities indicated that 711 people expressed interest from the university visits and 531 were protected class. The minority job expo received 141 contacts and 5 applications from Cinco de Mayo. As provided by the State Civil Service Law, the Civil Service Commission approved the posting of the date, time ~and location of the examination for June 6, 1992. There were 240! individuals who took the recent exam with 223 individuals passing the exam of which 31 were protected class. There had been an increased number of protected class individuals who took the examination and passed the examination since 1989. The City of Denton's police and fire departments were a closed system due to civil service law. An individual entered at the lowest level or at the top. That represented one of the difficulties in the selection process. Positions were only filled from an eligibility list which was created Dy exam. The examination had to be open, competitive and free to everyone who made proper application. The list was good for 6 months to a year 38'0 City of Denton City Council Minutes August 4, 1992 Page 29 as determined by the Civil Service Commission. In the past some lists had been for a period of six months for the Fire Department but more recently the list had been for a year due to the low turnover in the departments. The exam had to be given and graded in' the presence of all exam takers which required the use of a scanner device to grade the exams. The exams were graded on a 100 point basis with 70 as passing. Active military service of at least 6 months granted an additional 5 points on the exam. The Civil Service Commission approved the eligibility list and approved any tie breaking procedures. Once the eligibility list was established, the Civil Service Director certified the three persons with the highest grade to the Chief Executive, the City Manager, who appointed the person with highest grade unless there was a valid reason not to do so. Klinck presented a summary of the June 6, 1992 exam. Position 1 was a caucasian male who scored 100 points, position 2 was a caucasian male with a score of 99, position 3 had two people tied with a 97, position 4 had five people tied, position 5 had six people tied, position 6 had nine people tied and position 7 had twenty two people tied with two protected class people in that position. The Civil Rights Act of 1991 stated that it was unlawful to adjust the scores of, use different cut offs scores for, or otherwise alter the results of employment related tests on the basis of race, color, religion, sex or national origin. It was also unlawful when race, color, religion, sex, or national origin was a motivating factor for any employment practice. Thus to bypass other than the higher ranked applicants for the sole purpose of placing a protected class individual in the Fire Department was clearly an unlawful practice. Klinck presented options and consequences for the Council to consider. (1) Invalidate the current list and give another exam. This would require a valid reason to pass over all the people on the list. Because the Civil Service Commission set the date, time and location for exam, there might be an opportunity to hold an examination at a protected class university. There would be no guarantee that a protected class would pass any of the other qualifications. (2) Pass over the individuals on the eligibility list and hire a protected class. The Civil Rights Act of 1991 clearly indicat.ed that this would be an unlawful practice and was also an unlawful practice in the state law. There would still be no guarantee that the highest ranked protected class individual would pass all portions of the selection process such as the physical ability test, medical examination and background check. (3) Allow the current eligibility list to expire but this would not allow the staffing of the new fire station and again there. would be no guarantee that a protected class individual would meet all the requirements. (4) Hire according to State Civil Service Law. (5) Hire only a few from the current list and then allow the current list to expire. (6) Create a different eligibility list City of Denton City Council Minutes August 4, 1992 Page 30 381 and rotate hiring from each list. This was clearly a violation of the State Civil Service Law and the Civil Rights Act as well. As an organization, he believed the City of Denton had made a significant and an effective outreach effort with a strong results in terms of recruitment. Council Member Chew stated that the Civil Rights Act of 1991 did not do any good in hiring minorities. The only way to challenge the act would be through a lawsuit. John Cook, Fire Chief, stated that the other alternative of filing a lawsuit would not be any positive effect on the law. The entrance and promotion exams were strictly written exams. It was very difficult to get any changes to the civil service law. Council Member Brock asked about the tutorial session. Cook replied that it was given at the Service Center. Council Member Brock asked if any minorities attended that session. Klinck stated that several females had attended but no minorities as far as ethnicity. Cook stated that this was not a Denton only issue but a universal issue with those cities who had civil service. Council Member Brock felt that there needed to be protected classes involved in the tutorial and possibly had a radio spot which broadcasted primarily to protected classes. Council Member Miller stated.that if 10-15% of the people taking the test were protected class, the probability was that the bulk of the people would not be in those classes. The City could spend lots of money to advertise for the test but the basic problem was not the tutorials and recruiting. Debra Drayovitch, City Attorney, stated that the City had two legal statutes which were perceived to be problems - the Civil Service Statue and Civil Rights Act of 1991. The City had been seeking information in the manner in which the Equal Employment Opportunity Commission interpreted parts of the section. If an affirmative action plan had been adopted in accordance with the Supreme Court requirement, the EEOC took the position that those were still legal and were not violative of the 1991 Civil Rights Act. She did not know if that had any effect on the City's current situation. 382 City of Denton City Council Minutes August 4, 1992 Page 31 Council Member Chew felt that the City's hands were tied unless someone filed a lawsuit. Drayovitch stated that at the present time the only way for the City to not violate statutory procedures and provision would be to have a court ordered affirmative action plan which would different than the requirements of the statues for Civil Service. Council Member Perry stated that he had looked at test which had content validity but other than that did not have any statistical differences. There was nothing wrong with the test and it did what it was suppose to do. Council Member Brock referred to a letter in the Denton Record- Chronicle and asked for a clarification in the eligibility list statement. Cook replied that the law ~as very strictly structured. He felt that every time the test was given, the percentile of protected class had increased. If the list were kept for a year, there would be the tendency to go further down the list but there would not be a correlation between test score and performance on the job. Klinck also replied about the number of terms in the Fire Department. The theory might work for longer lists if large number of individuals were being hired. Deputy City Manager Svehla stated that staff would continue to look at ways to implement programs which would make the City successful in hiring protected class. Direction was needed from Council regarding the current list. If the laws were followed, a certain amount of names would be needed. City Attorney Drayovitch stated that the Manager would follow the law unless the Council directed to him not to. Council Member Miller asked if the Civil Service Commission had certified the list. Klinck replied yes. Council Member Miller asked what would happen if the Council did not provide direction. Klinck replied that the law would be followed. Council Member Smith indicated that the Council had no choice but to follow the law. 383 City of Denton City Council Minutes August 4, 1992 Page~32 Consensus of the Council was to follow the civil service laws. 8. The Council considered a request to allow the Fred Douglas and Fred Moore Alumni Association to sell lunches in Fred Moore Park on August 8, 1992. (The Parks and Recreation Board recommended approval.) Bob Tickner, Superintendent of Parks, stated that the recommendation of the Parks and Recreation Board was to grant permission to hold the fund raiser at the park. The date would be August 15 and not August 8. Chew motioned, Perry seconded to approve the request for August 15. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Submission of the effective tax rate and rollback tax rate. Harlan Jefferson, Director of Treasury, indicated that the Truth in Taxation Law required official submission of the rates. No action was required by Council. The effective tax rate was $.718 per $100 valuation, notice in hearing limit was $.7395, and the rollback rate was $.7547 per $100 valuation. 11. Submission of the certified collection rate. Harlan Jefferson stated that again in compliance with the Truth in Taxation Law the rate would be 100%. ' ........ 12. Miscellaneous matters from the City Manager. Rick Svehla, Deputy City Manager indicated that he had no items for Council. 13. New Business The following-items of New Business were suggested by Council Members for future agendas: A. Council Member Miller suggested the Council consider a request from the firefighters to collect funds for MD from city streets. He asked for information on what other cities did and the possibility of an ordinance variance. 384 City of Denton City Council Minutes August 4, 1992 Page 33 14. Executive Session The Council convened into Executive Session to discuss legal matters, real estate, and personnel/board appointments (considered appointments to the Animal Shelter Advisory Committee, the Downtown Advisory Board, the Electrical Code Board, Library Board and the Planning and Zoning Commission.) The Council convened in open session and took the following action: A. Perry motioned, Brock seconded to appoint Mike Cochran to the Planning and Zoning Commission. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. With no further business, the meeting was adjourned. JE~IFER~WALTERS CI~ SECRETARY CITY OF DENTON, TEXAS ACC000AA