Minutes September 01, 1992446
CITY OF DENTON CITY COUNCIL MINUTES
September 1, 1992
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT:
ABSENT:
Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Brock, Perry, and Miller.
Council Members Smith and Chew
1. The Council convened into the Executive Session to discuss
legal matters, real estate and personnel/board .appointments
(considered appointments to the Downtown Advisory Board, the
Electrical Code Board and the Animal Shelter Advisory Committee.)'
2. The Council held a discussion and gave staff direction
regarding the 1992-93 fiscal year budget.
Lloyd Harrell, City Manager reviewed the second set of Summary of
Responses to Questions for Council.
(1) Pay plan alternatives - another pay plan alternative was
presented with a 2% increase on the Mercer matrix with staggered
implementation dates. The General Fund cost would be $333,000 and
included steps in command ranks for police and fire. For each
month the implementation was delayed, $31,000 would be realized.
Mayor Pro Tem Hopkins asked what the other percentages were.
City Manager Harrell indicated that the previous percentages were
1%, 2.6%, and a 3.4% proposal. This proposal would be an average
· 2% adjustment ranging from 3.5% to 0% depending on where an
employee fell in the matrix.
(2) Park and Recreation temporary/seasonal personal services
analysis - this had been a request from Council regarding temporary
salaries in the recreation area and staff had provided the
information.
(3) Human Services Proposed Budgets - this was information
requested by Council regarding any proposed salary increases in the
Social Service agencies which the City funded. The information was
provided to Council in the agenda back-up.
(4) Analysis of Appraisal Value Cateqorie~ - staff provided
information showing five years of appraisal classifications for the
City of Denton. The schedule indicated a general trend of lower
values in all categories over the five year period. Single family
residential remained the same and multifamily went up in value.
Large decreases were in vacant property~ real estate acreage, real
property commercial and industrial.
(5) Proposed Library Budget Reductions - staff had provided a
city of Denton City Council Minutes
September 1, 1992
Page 2
detailed breakdown of the $18,000 reduction in the Library budget.
Council Member Perry asked if this was the same amount as all the
other departments had to reduce.
City Manager Harrell replied that all baseline numbers were reduced
another 2% to balance the budget. Originally to balance the
budget, the Library had proposed to reduce hours and eliminate
positions in order to reach that number. Mrs. Orr reconsidered
that position and reduced line items rather than reduced hours and
employees.
Mayor Castleberry indicated that it was stated that the only
alternative to these cuts was to deduct them from the Children's
book budget.
Joella Orr, Librarian, stated that the adult circulating materials
had been cut $5000, $5000 had been cut from binding for adult
materials and $3000 out of audio-visual materials from adult
materials to reach the base line number.
Mayor Pro Tem Hopkins felt that the COuncil was committed to
replace the dues for the organizations and to put that money back
in the budget.
(6) Cable Television Expenditures - money needed for the
televising of Council meetings had been included in the Community
Services Administration budget. Even though the money was included
in that budget it did not commit the Council to use that money. A
final decision could be made by Council when all of the information
had been received.
(7) Revised Major Budqet Issues Analysis
1) Fund Balance - $298,000 to balance the budget which was
included in the budget. This would bring the level to 10% for the
fund balance.
2) Revenues
A. Property taxes
1. Effective tax rate - if Council did not raise
the tax level to the effective rate but held it at the current rate
which was $.6850, $59,166 plus $544,539 would have to be found.
2. Truth in Taxation - if Council set the rate
over the effective rate by 3%, $394,000 would be realized. There
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City of Denton City Council Minutes
September 1, 1992
Page 3
would be no need for any further legal action at the 3% rate.
3. Additional increases - any additional increases
of $.01 would increase the amount by $183,500.
B. Sales tax
1. $216,000 was already included with a 4%
projected growth rate.
2. Additional increases - for every additional 1%
increase, $54,000 would be realized.
realized.
Utility Sales Tax - if repealed, $198,000 would be
Council Member Chew joined meeting.
D. Health inspection fees - an increase in the fees
would realize $9,140 and each additional $10 fee increment would
realize $2,820.
E. Storm Drainage Utility - tabled by Council.
3) Pay plan adjustments - all alternatives had been listed
with the savings per month indicated for each month the
implementation was delayed.
4) Benefits adjustment - included in budget -were a 15%
increase in health insurance costs and a 1/2 of 1% increase in
TMRS.
Mayor Pro Tem Hopkins asked if the City could remain at the same
level or if it had to go to 6%.
City Manager Harrell indicated that the options were 5%, 6% or 7%.
The City could remain at the same level and move the money to
possible salaryincreases.
5) Position reductions - these reductions were included in
the budget. If Council wanted to included any of these in the
budget, they would have to find money for those positions.
Council Member Perry asked if the cost for an adult athletics
supervisor, $22,900, could come from overtime in the recreation
fund.
City Manager Harrell replied probably not as the position was a
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City of Denton City Council Minutes
September 1, 1992
Page 4
supervisory position which was responsible for the swimming pool,
adult athletic programs and the driving range.
Ali¢ia Mentell, Superintendent of Leisure Services, stated that the
adult athletics supervisor position was responsible for the
aquatics program, the adult athletic programs and the driving
range. Money for that position came 50% from the General Fund and
50% from the Recreation Fund.
City Manager Harrell detailed what would be done with those duties.
Staff could see how programming would be affected if the salary for
that position were taken out of overtime or temporary/seasonal
categories.
Mentell stated that most of the temporary/seasonal salaries were
for building attendants at the recreation centers and would have a
negative impact on the operational hours of the centers.
Council Member Perry requested taking another look at eliminating
this position.
Mentell stated that there would be no reduction in service to the
community with the elimination of this position and no increase in
fees for that change.
6) Service reductions - these reductions were listed for
Council consideration.
7) Reducing Human Services Funding - this was reduced
another 1% over holding the line and was included in the budget.
If the Council wanted to bring the funding back to the current
level, they would need to find $1,100.
Council Member Miller stated that the Council also had a request
from the Poison Control Center for $6000.
8) Reduce Transportation Funding - the proposed figure was a
1% reduction from last year.
9) County Funding for Library
that it would reduce City funding by
would need to find in the budget.
- the County had indicated
$12,806 which the Council
10) Split Tax Payments - $20,000 would have to be put back
in the budget if the Council wanted to return to split tax
payments.
ll) Over 65 Tax Exemption- the proposed budget added another
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City of Denton City Council Minutes
September 1, 1992
Page 5
$1000 exemption.
12) Cable Television Funding - this amount was included in
the budget for Community Services.
13) Swimming Pool Improvement - figures were included for
full costs and for debt issuance.
14) Public Safety Officer Staffing - this would change one
uniformed officer position in the police department to a non-
uniformed position.
15) Fire Reserve Fund - no change in this category from the
first set of summary questions.
16) Mowing - additional figures had been included for mowing
the 30 acres at North Lakes three times per year and six times per
year.
17) Library Automation - these figures were not included in
the budget.
18) Recycling - the Household Hazardous Waste, Paint Swap
Program, and Waste Minimization and Recycling programs were
included in the budget. City-wide curbside recycling program was
not included in the budget. A mandatory program would be a $1.24
per month charge on the customer bill and the voluntary program
would be $3.25 per month.
Council Member Perry asked if the paint swap program was for
residential or commercial customers.
Bob Nelson, Executive Director for Utilities, stated that it was
directed to residential programs as opposed to commercial programs.
(8) Advertising costs for the Denton Record Chronicle - Council
would have to find the money for any of these programs.
Bob Nelson, Executive Director for Utilities, presented a
wastewater proforma comparison which compared scenarios for a
10%/15% increase, a 12.5%/15% increase, a 15%/15% increase and a
10%/25% increase for the next two years. When the budget process
began, staff was looking at a 15% increase this year and a 15%
increase next year. After the budget had been submitted, the
Public Utilities Board indicated that that amount woul~~ not be
a~eptable. It preferred a 10% increase for this year and a 25%
increase next year. That would mean a $500,000 deficit for this
year. After discussion the Board felt that was not acceptable and
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City of Denton City Council Minutes
September 1, 1992
Page 6
suggested a 10%/15% increase which would be negative for the next
two years. Staff felt that some cuts needed to be made but none
which would cause any violations. Nine positions would come out of
the budget, three were summer seasonal pg~itions and six would be
full-time positions. Nelson reviewed the figures associated with
a 12.5%/15% increase. He reviewed residential utilities with
current rates and proposed rates of 10%, 12.5%, and 15% increases.
A 10% increase would be an overall increase of $3.99 per customer,
a 12.5% increase would be an increase of $4.53 and a 15% increase
would be a $5.07 increase in the total utility bill of a
residential customer.
Howard Martin, Director of Environmental Operations/Financial
Administration, detailed the position cuts in the wastewater
department. Out of the Wastewater Treatment Division, one shift
operator I would be cut. In the Field Services Division, 4
maintenance workers I would be cut. Three temporary/seasonal
employees would be cut in the Engineering Division and one
technical assistant would be cut in the Pretreatment Division.
Four of these positions were temporaries and five were full-time.
Mayor Pro Tem Hopkins asked if only four positions needed to be
cut, which ones would they be.
Martin replied that there would be some flexibility of which
positions to keep. $75,000 worth of salaries could be looked at as
to which positions not to cut.
Council Member Chew asked about the duties of a shift operator.
Martin replied that currently two shift operators were on a shift
at all times. If one of those positions were cut, there would be
a shift operator I and shift operator II on second and third shift
and no operator I working during the day. After hours there would
be two employees working.
council Member Chew asked about the safety factor with only one
worker on duty..
Martin replied that during the day the shift operator would be on
the plant grounds with other workers.
Council Member Miller asked if efficiency would be lost over time.
Nelson replied that the shift maintenance work would be taken over
by malntenance workers during the day.
Martin indicated that there might be long term implications for the
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City of Denton City Council Minutes
September 1, 1992
Page 7
maintenance of the equipment. Some of the employees might be hired
back in the 1993 budget.
Mayor Pro Tem Hopkins asked if it were decided to do without the 9
positions, would there be increased overtime where the overtime and
extra pay would come close to the payroll positions which had been
eliminated.
Martin replied that that was certainly a possibility. Overtime
could be cut with a flex schedule. $32,000 would be removed from
the overtime account and crews would work on a flex schedule.
Nothing was eliminated which would have an effect on the regulatory
aspect of the program.
Council Member Chew indicated that a 15% increase would keep all
programs and positions in the budget.
Nelson replied correct if t~e increase were 15%/15%.
The Council convened into the Regular Session at 7:00 p.m. in the
Council Chambers.
PRESENT:
Brock, Chew, Perry, and Miller.
Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
ABSENT: Council Member Smith
1. Pledge of Allegiance
A. The Council received a citizen report from Alan Hempstead
regarding the "Fill-the-Boot,, Campaign for MDA.
Mr. Hempstead requested a variance to Ordinance88-061 which dealt
with solicitation on street corners. The civil statue governing
roadways had been amended to include solicitation from the street.
The fire fighters would like one weekend in the year to participate
in the "Fill the Boot Campaign". He had discussed this request
with several of the Council Members and requested permission to
solicit from the streets for this worthy cause.
Mayor Pro Tem Hopkins stated tha% Council had studied this issue
over a long period of time because of possible liability due to
accidents and in an effort to try and protect citizens in cars and
2. Citizen Reports
The Council and members of the audience recited the Pledge of
Allegiance.
City of Denton City Council Minutes
September 1, 1992
Page 8
453
those on the streets. There were many legal problems associated
with this request. The Council could not give permission to one
group to solicit from the streets and not allow others. She
suggested a review of the ordinance and why the Council originally
passed the ordinance. The Council could not exclude other groups
from soliciting from the streets and allow the fire fighters to
solicit from the streets.
Hempstead stated that workers would be covered under MDA liability
insurance. Oklahoma City and Tulsa had similar ordinances and did
have exclusionary clauses for the fire fighters only. The effect
of the current ordinance was to only keep City employees off the
streets. Most any-Saturday had individuals on the medians of
University Drive advertising for car washes. The Kiwanis Club did
this on the Fourth of July on the service roads during the fire
works display.
Council Member Perry asked if the fire fighters had tried any other
system to raise the donations.
Hempstead replied that last year was they were at two intersections
for 4 hours and raised $1600. After they found out that they could
not legally be out on the street corners, they went to the mall and
with help of the City Manager went to entrances of the mall. They
were out there all day on a Saturday and raised only $395 as
opposed to the $1600 in four hours on the street.
Lloyd Harrell, City Manager, stated that prior to the adoption of
the ordinance, there was a provision in which the practice was
allowed only by permission of the Council. As a result, the
Council had many organizations requesting permission to raise money
for their cause on City streets. There was a provision in the
State law whic~ allowed specific permission for certain groups.
But Council had!decided that in order to be consistent, it would
not allow any of that type of activity.
3. Public Hearings
A. The COuncil held a public hearing and considered adoption
of an ordinance~rezoning a 1.64 acre tract of land from the Multi-
Family 1 (MF-1) district to the General Retail District, with
conditions, (GR[c]) on property located at the southeast corner of
Bonnie Brae and Scripture. Z92-019 (The Planning and Zoning
Commission recommended approval).
Frank Robblns, Executive Director for Planning, stated that this
was zoning to allow offices on the site. The zoning was designed
to meet the needs of the petitioners and conditions included a list
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City of Denton City Council Minutes
September 1, 1992
Page 9
of permitted uses and permitted accessory uses. Conditions limited
the maximum gross floor area and floor to area ratio. The Planning
and Zoning Commission recommended the approval of the ordinance as
it was in accordance with the Denton Development Plan. A later
item on Consent Agenda dealt with the plat of the property. The
infrastructure support for the property was either in place or
would be dedicated or built by the applicant.
The Mayor opened the public hearing.
Bud Hauptmann, representing the petitioner, stated that the
facility would be a doctors office. He asked the Council for
approval of the request.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 92-139
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM MULTIFAMILY-ONE (MF-1) TO GENERAL RETAIL (GR[c])
DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS
FOR 1.64 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF
SCRIPTURE STREET AND BONNIE BRAE STREET; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE ..
Hopkins motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council held a public hearing regarding the adoption
of the proposed 1992-93 City of Denton Annual Program of Services.
Lloyd Harrell, City Manager, stated that this was the time for
public input regarding the budget. The Council would be making
decisions for formal adoption of the budget in the next few weeks.
The Mayor opened the public hearing.
Dorothy Damico, Chair-Human Services Committee, stated that because
the Committee was advisory, she felt it was appropriate to come
before Council during the public hearing on the budget. The Human
Services budget had requests for more money than would be able to
be given. This was a difficult situation as the City contracted
City of Denton City Council Minutes
September 1, 1992
Page 10
455
with agencies to provide services for citizen needs and when the
money available was cut, cuts were made to services to the
citizens. She stated that another need for the community included
the Poison Control Center at Parkland Hospital. The Center needed
a contribution in order to continue its functions and was
requesting approximately $6000. This was a one time request as the
Center was working on receiving State funding.
Gayle Lieban, Director - Denton City-County Day Nursery, stated
that the original request for funding was $20,000. It appeared
that the alternate budget would be $13,700. The request for
funding included a change from meeting the needs of kindergartners
to meeting the needs of toddlers which required more staff. The
nursery could take more children but it did not want to do that as
that would reduce the quality of the experience.
The Mayor closed the public.hearing.
4. Consent Agenda
Perry motioned, Brock seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
ao
Bids and Purchase Orders:
1. Bid #1405 - Resurface Gym Floor - Denia Rec. Center
2. Bid #1407 - 69KVA Circuit Breaker
3. RFP #1389 - Global Positioning System
4. Bid #1370A - Scraper
5. Change Order #1 - Bid #1381 - TaxiW~y and Apron
Improvements
Be
Plats and Replats
1. Considered the preliminary replat of Lot 10R, Block
A, Bonnie Brae Addition, being a replat of Lots 9
and 10 and part of Lots 8, Block 8, Bonnie Brae
Addition. (The' Planning~' and Zoning Commission
recommended approval).
5. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (4.A.1. - Bid #1405, 4.A.2. - Bid
~1407, 4.A.4. - Bid #1370A)
The following ordinance was considered:
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City of Denton City Council Minutes
September 1, 1992
Page 11
92-140
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance accepting
a competitive sealed proposal and awarding a contract for the
purchase of materials, equipment, supplies or services; providing
for the expenditure of funds therefore; and providing for an
effective date. (4.A.3. - RFP #1389)
The f611owing ordinance was considered:
No. 92-141
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract between
the City of Denton and APAC-Texas, Inc.; and providing for a
decrease in the contract price. (4.A.5. - Bid #1381)
The following ordinance was considered:
No. 92-142
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND APAC OF TEXAS INC. FOR
A REDUCTION IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE
DATE.
Chew motioned, Brock seconded to adopt the ordinance. On roll
vote, Brook "aye", Miller "ayeI', Hopkins "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
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City of Denton City Council Minutes
September 1, 1992
Page 12
D. The Council considered adoption of an ordinance
abandoning and vacating a portion of the public street right-of-way
known as Hicks Lane, as more particularly described herein. (The
Planning and Zoning Commission recommended approval.)
Frank Robbins, Executive Director for Planning, stated that this
was to abandon a driveway for Ms. Hicks. This was a public way at
this time but was not in the interest of the City to maintain this
driveway. Ms. Hicks would have access on Kendolph Street. The
other property owners had agreed with.the abandonment.
The following ordinance was considered:
No. 92-143
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND
VACATING A PORTION OF THE PUBLIC STREET RIGHT-OF-WAY KNOWN AS
HICKS LANE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND
DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement withthe Texas
Department of Transportation for installation of a traffic signal
controller on Loop 288 at its intersection with the entrance of
Golden Triangle Mall in Denton; and authorizing the expenditure of
funds therefore.
Rick Svehla, Deputy City Manager, stated that this was an agreement
with the State to construct the signal. The City would buy the
controller and install it with the State repaying the City for the
controller and for the cost of labor for the installation.
The following ordinance was considered:
No. 92-144
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
INSTALLATION OF A TRAFFIC SIGNAL CONTROLLER ON LOOP 288 AT ITS
INTERSECTION WITH THE ENTRANCE OF GOLDEN TRIANGLE MALL IN
DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
DECLARING AN EFFECTIVE DAT~.
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City of Denton City Council Minutes
September 1, 1992
Page 13
Brock motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with the Texas
State Department of Highways and Public Transportation for
installation of traffic signal controllers on FM 2181 at its
intersection with Interstate Highway 35E, Oak Meadow Drive, and
Londonderry Lane in Denton; and authorizing the expenditure of
funds therefore.
Lloyd Harrell, City Manager, stated that this was the fourth time
the Council had seen this contract, each time coming back from the
State Highway Department with minor changes. This change was a
change in the title of the departments.
The following ordinance was considered:
No. 92-145
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION FOR INSTALLATION OF TRAFFIC SIGNAL
CONTROLLERS ON FM 2181 AT ITS INTERSECTION WITH INTERSTATE
HIGHWAY 35E, OAK MEADOW DRIVE, AND LONDONDERRY LANE IN DENTON;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING
AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
G. The Council considered adoption of an ordinance
authorizing the'Mayor to execute a cost participation agreement
between the City of Denton and Exposition Mills of Texas, Inc. (The
Public Utilities Board recommended approval) ......
Bob Nelson, Executive Director for Utilities, stated that thi~
document authorized the City's participation in the water and sewer
lines with Exposition Mills. The Public Utilities Board
recommended approval.
The following ordinance was considered:
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City of Denton City Council Minutes
September 1, 1992
Page 14
No. 92-146
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
EXPOSITION MILLS OF TEXAS, INC.; AND DECLARING AN EFFECTIVE
DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
H. The Council considered adoption of an ordinance amending
the Uniform Plumbing Code as adopted by Chapter 28, of the Code of
Ordinances to prohibit the connection of heat exchangers to public
or private water systems; and providing for a penalty in the amount
of $500 for violation thereof. (The Public Utilities Board
recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that there was
a proposal at the State level to allow the air conditioning cooling
systems to be tied into the water pipeline systems. The Water
Utility Board was very concerned about this proposal because if
there ever were a leak in the heat exchanger system, chemicals
could end up in the drinking water system. It appeared that the
State was not going to take any action to prevent this practice.
The Public Utilities Board had recommended approval.
The following ordinance was considered:
No. 92-147
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
UNIFORM PLUMBING CODE AS ADOPTED BY CHAPTER 28 OF THE CODE OF
ORDINANCES TO PROHIBIT THE CONNECTION OF HEAT EXCHANGERS TO
PUBLIC OR PRIVATE WATER SYSTEMS; PROVIDING FOR A PENALTY IN
THEAMOUNT OF $500.00 FOR VIOLATION THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
Council Member Miller stated that the State might not have agreed
with the position but there were many other agencies and
organizations which agreed with this position.
Brock motioned, Chew seconded to adopt the ordinance. On roll vote,
Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
I. The Council considered adoption of an ordinance
abandoning and vacating a sanitary sewer easement recorded in
460.
City of Denton City Council Minutes
September 1, 1992
Page 15
Volume 548, Page 395 of the Deed Records of Denton County, Texas,
and abandoning and vacating the rights to operate and maintain the
east/west sewer line (Carriage Square Shopping Center) as shown on
the Golden Triangle Subdivision Plat recorded on Volume 4, Page 28
of the Plat Records of Denton County, Texas. (The Planning and
Zoning Commission recommended approval.)
Frank Robbins, Executive Director for Planning, stated that there
was no active sewer line in the property being abandoned. The City
had an easement on the property and this was merely paper work to
facilitate the potential sale of the property.
The following ordinance'was considered:
No. 92-148
AN ORDINANCE VACATING PUBLIC UTILITY EASEMENTS IN THE EUGENE
PUCHALSKI SURVEY, ABSTRACT NO. 996, AND BEING A PART OF BLOCK
NO. 1 OF THE GOLDEN TRIANGLE SUBDIVISION TO THE CITY OF
DENTON, TEXAS, DENTON COUNTY, TEXAS; AND DECLARING AN
EFFECTIVE DATE.
Hopkins motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
6. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to execute a public transportation
contract with the Texas Department of Transportation for funding
public transportation.
Council Member Chew left the meeting as he was a member of the
Board of Directors for SPAN.
Catherine Tuck, Administrative Assistant, stated that the
resolution authorized the City Manager to execute an agreement with
the Texas Department of Transportation for state grant funds which
would go toward the City's local match with the Federal government
to provide transportation in Denton. The City Attorney had made
note of several changes to make sure Denton's interests were
represented properly and the State had agreed to those changes.
The following resolution was considered:
City of Denton City Council Minutes
September 1, 1992
Page 16
R92-046
A RESOLUTION AUTHORIZING THE cITY MANAGER TO EXECUTE A PUBLIC
TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND
PROVIDING AN EFFECTIVE DATE.
Perry motioned, Hopkins seconded to approve the resolution. On
roll vote, Brock "aye", Miller "aye", Hopkins "aye", Perry "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
7. The Council considered a motion to approve the 1992-93 Greater
Denton Arts Council budget as presented and submitted to the City
Council.
Lloyd Harrell, City Manager, stated that Agenda Items #7-#11
represented a request from Council. Two weeks ago, the Council had
deferred action on the items and asked staff to contact the
agencies to resubmit budgets for consideration which reflected no
salary increases. Responses had been received from all of the
agencies and were included in the agenda back-up. Many of the
agencies were present at the meeting.
Herbert Holl, representing the Arts Council, stated that the letter
sent to the Council expressed a clarification in the budget. All
of the budget increases whether administrative or program or
facility, were funded by money which the Council raised. No Laylor
revenue was used for those purposes. Laylor revenue covered
approximately 56% of administrative expenses and 28% of the total
operational budget. The staff salary increase was for the
Executive Director due to increased responsibilities and duties.
The Arts Council had a budget which addressed the organizational
needs and its accountability to all of its funding sources. He
asked the Council to reconsider approval of the budget submitted.
Miller motioned, Brock seconded to approve the budget for the
Greater Denton Arts Council. On roll vote, Brock "aye", Miller
"aye", Hopkins. "aye", Chew "nay", Perry "aye", and Mayor
Castleberry "aye". Motion carried with a 5-1 vote.
8. The Council considered a motion to approve the 1992-93 Denton
Convention and Visitors Bureau budget as presented and submitted to
the City Council.
Richard Hayes, Treasurer - Denton Chamber of Commerce, stated that
the Tax Code allowed the City to level a hotel/motel occupancy tax
the purpose of which was to promote tourism, convention business
and conduct, solicit and promote tourists, convention delegates and
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City of Denton City Council Minutes
September 1, 1992
Page 17
hotel/motel registrants. The City levied that tax and authorized
the delegation of that work to the Denton Convention and Visitors
Bureau, specifically through the Denton Chamber of Commerce. That
was done by specific written contract and the City provided in that
contract that the Chamber was an independent contractor. The
contract between the City and the Chamber provided that the Chamber
would have exclusive control of operation, performance and
services. The Chamber worked diligently to promote tourism'in
Denton. All money was kept in a separate checking account. The
administration line item last year had a typographical error-.which
inaccurately reflected the salary amounts. The correct amount was
$80,168 while the information showed $77,699. The total increase
which was being asked for in the salary area was $8,656. $7000 was
a realignment of the budget process which had been shifted from
convention promotion and tourism. In actuality the salary request
was a $1656 increase for two employees.
Council Member Miller asked about a reduction in benefits shown in
the proposed budget.
Hayes replied that there would be a reduction.
Council Member Miller asked if that reduction would be to the same
people who would receive the increases.
Hayes replied that that covered a number of various categories.
Training and equipment had also been reduced.
JoAnn Ballantine, Vice-President-Denton Convention and Visitors
Bureau, presented information to the Council regarding the
activities of the Bureau. The Bureau was a promoter, organizer,
solicitor, recruiter, facilitator, and achiever for the .City of
Denton. She asked for the Council,s support so that the Bureau
could do the best job for the City of Denton.
Council Member Perry stated that the original budget had salary
increases. Did this budget not have those increases.
Ballantine replied that it did have those increases.
Council Member Perry indicated that that was very important as it
had serious implications as City employees were facing no
increases. The Council was in the process of budget deliberations
and Perry asked why were there budgets pulled out for separate
consideration.
City Manager Harrell stated that Council had traditionally
considered these budgets before the final City budget process.
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City of Denton City Council Minutes
September 1, 1992
Page 18
There was no requirement that it had to be done in that manner. It
could be postponed and formally considered at the next meeting.
Before staff could make any payments to the agencies, the Council
had to approved the budgets.
Council Member Perry asked Ballantine if a slight delay in the
accepting of the budget would interfere, in any way, with the
operations of the Chamber.
Ballantine asked what kind of delay.
interfere with any operations.
A month or so would not
Council Member Miller stated that the item had been on a previous
agenda and had been delayed. He felt it was appropriate to
continue to listen to the discussions but not to delay any longer.
Chuck Carpenter stated that the Board of Directors had studied the
budget very thoroughly and did approve the slight salary
adjustments. There was no pension plan, overtime, and there was a
salary ceiling to deal with in the organization. The only
compensation was to increase salaries. There had been an increase
in occupancy collection in the past five years due to efforts of
Bureau. He asked Council to consider the request to grant the
increases.
Carl Anderson stated that the Board had studied the figures and
staff had done an excellent job. The Board felt the numbers were
justifiable. He asked the Council to approve the budget to
continue its work.
Mayor Castleberry stated that he had voted to delay action on these
items, but~ it now appeared that there might be some type of
increase for City of Denton employees. He did not want to delay
any budgets.
Miller motioned, Brock seconded to approve the budget for the
Denton Convention and Visitors Bureau. On roll vote, Brock "aye",
Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
9. The Council considered a motion to approve the 1992-93 Denton
County Historical Museum budget as presented and submitted to the
City Council.
Norma Gamble, Director-Denton County Historical Museum, stated that
the Board of Trustees had worked many months on the budget. The
line items for staff salaries had been reduced in comparison to
last year. There were no anticipated increases or amendments to
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City of Denton City Council Minutes
September 1, 1992
Page 19
the budget. A delay in approval of the budget would delay four
grant proposals which they were working on. The grants were
predicated on the funds received by the City.
Perry motioned, Chew seconded to approve the budget of the Denton
County Historical Museum. On roll vote, Brock "aye", Miller "aye",
Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carriedunanimously.
10. The Council considered a motion to approve the 1992-93 Denton
County Historical Foundation budget as presented and submitted to
the City Council.
Leon Callihan, Denton Council Historical Foundation, stated that
the Foundation did not have any paid employees as all the workers
were volunteers.
Hopkins motioned, Chew seconded to approve the budget of the Denton
County Historical Foundation. On roll vote, Brock "aye", Miller
"aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
11. The Council considered a motion to approve the 1992-93 North
Texas Fair Association budget as presented and submitted to the
City Council.
Mayor Castleberry indicated that this budget contained no salary
increases.
Hopkins motioned, Brock seconded to approve the North Texas Fair
Association budget. On roll vote, Brock "aye", Miller "aye",
Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
12. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. It would be necessary to hold a special call meeting on
the 29th of September to consider the Peterbilt industrial
expansion agreement. There would also be discussions regarding
utility rates on that meeting. There would be no meeting on the
22nd of September.
Consensus of Council was to proceed with the proDosed schedule.
13. The following action was taken on Executive Session items
discussed during the Work Session:
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City of Denton City Council Minutes
September 1, 1992
Page 20
A. Perry motioned, Hopkins seconded to appoint Mary McKay to
the Animal Shelter Advisory Board. On roll vote, Brock "aye",
Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
14. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Chew asked for information on the "Fill
the Boot" campaign and soliciting from streets.
City Attorney Drayovitch stated that she could present information
on the legal aspects and the history of the current ordinance at an
upcoming work session.
B. Council Member Br6ck asked for information on the cities
which allow exclusions to solicitation on city streets.
C. Council Member Miller asked that staff and Council begin
looking at its position on the Fry Street Fair relative to future
requests. He felt it would be beneficial to begin arrangements now
rather than wait till Spring.
City Manger Harrell pointed out the change order regarding the
airport which had been placed on the Council's desks. There were
two major additions made to the change order to accommodate those
who used the airport. One was to restrict the operations from 9:00
p.m.-6:00 a.m. and the other was to limit the operation on the
runway to 21 working days.
15. The Council did not convene into the Executive Session during
the Regular SesSion.
With no further'business, the meeting was adjourned at 8:13 p.m.
TNI PE-~WALTERS
Y S E~RETARY
Y OF "DENTON, TEXAS
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