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
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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.
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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.
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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
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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
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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.
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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-
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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.
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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.
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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~.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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:
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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