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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 4 '4-7 4,48 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 449 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 450 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 451 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 452 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 454 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: 45'6 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. 457 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~. 458 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: 459 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 462 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. 463 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 4'64 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: 465 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 ACC00OB4