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Minutes August 24, 1993232 CITY OF DENTON CITY COUNCIL MINUTES August 24, 1993 The Council convened into the Work Session of the city Council on Tuesday, August 24, 1993. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. The Council convened into the Executive Session to discuss the following: '~ A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Considered litigation against the design architects of the Martin Luther King, Jr. Recreation Center. 2. Considered claim of Charlotte Summers. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S. Personnel/Board Appointments -- Under Sec. 2(g), Art. 6252-17 V.A.T.S. 2. The Council received a report and held a discussion regarding the City's solicitation ordinance and gave staff direction. Lloyd Harrell, City Manager, stated that State law prohibited solicitation in the roadway. There was a provision that a local governing authority could grant an exception to charitable organizations. The important point to remember was that if Council decided to grant the exception to one organization, then the exception would have to be applied uniformly to all charitable organizations meeting the requirements. The criteria would be uniformly applied to all charitable organizations. Catherine Tuck, Administrative Assistant, stated that the Council's background information indicated four ordinances from other cities regarding this issue, options which other cities had included liability insurance, proof, of charitability, and time and place regulations. Some cities required proof of insurance for the organizations and some required a liability waiver. Some cities required some proof of charitability with IRS documents or an indication of where the money was spent. Time and place regulations and hours were included in some ordinances. Some ordinances limited the solicitation to daylight or not on a Sunday. Length of time was also addressed in some of the ordinances. Miscellaneous provisions included the wearing of safety vests, specific intersections where the activity would occur, and no walking on the roadway. State law would allow the City to repeal the existing ordinance but would be subject to each individual 233 City of Denton City Council Minutes August 24, 1993 Page 2 group requesting permission to solicit. If the ordinance were repealed, staff felt that some type of permitting process would be best in order to treat each organization in the same manner. Council Member Miller stated that an organization would have to meet all requirements. Council Member Brock stated that she would like to see the ordinance changed to allow, under carefully controlled situations, some solicitation of the type suggested for the MDA campaign. Minimal requirements such as obtaining a permit well ahead of time, showing proof of tax exempt status, showing proof of contributions going to charity, wearing safety vests, where to stand and solicit would have to be addressed. Council Member Chew agreed and liked the Lewisville ordinance. Council Member Miller felt that the following options were important: proof of insurance, proof of charitability, time and place such as 7:00 a.m.- 7:00 p.m., restriction of days to Monday through Saturday, 3 days of solicitation per request with 2 requests per year, specific intersections within the City where solicitation would be allowed, a required 30 day time frame to obtain the permit, a contact person, a description of solicitation methods, and each person on the solicitation drive providing certification of not having been convicted of a crime. Council Member Perry stated that he was not in favor of rewriting the ordinance. Permitting charitable organizations to solicit on the roadways was too much of a liability to citizens and to the City. Council Member Cott stated that he was not in favor of a 30 day permit period as the fire fighters would need a permit sooner than that. Mayor Pro Tem Smith felt that it would not be possible to do anything by Labor Day and agreed with Council Member Perry that she was not sure she wanted to reopen this issue. Council Member Miller stated that this was the reason he had asked for the information. The surveyed cities did not have many requests for the past year. University Drive had students soliciting for car washes practically every weekend. He did not want to rush through the process but wanted at least to see an ordinance for consideration. 234 City of Denton City Council Minutes August 24, 1993 Page 3 Council Member Chew felt that the current ordinance was only stopping the fire fighters and not students on car washes. Council Member Perry indicated that he was not clear on how the City would get around State law but was not willing to undertake the project. Council Member Brock stated that all charitable organizations would be eligible but most would not want to go through the conditions of the ordinance. The restrictions would lower the numbers without discriminating against any organization. Mayor Pro Tem Smith stated that the current ordinance needed to be enforced stricter. Last year the Council had discussed contacting the high schools, churches and other organizations to explain that this type of activity could not be done. She felt that greater enforcement was needed. Tuck replied that she had met with the high school, the junior high schools, sent letters to churches and the university students. Enforcement was done as a list of priorities. The ordinance was enforced as best as possible. Mayor Castleberry asked if, under the current ordinance, a citizen would step off a median into the path of a car, would the City have any liability. Debra Drayovitch, City Attorney, stated that the City would have no liability at this time. Council Member Cott stated that the ordinance needed to be strong but that this was also a unique situation. He asked for the possibility of having the ordinance ready by the next meeting for consideration. city Attorney Drayovitch replied that their research had indicated that it would be better not to impose requirements such as liability and insurance requirements as a condition for a permit. The Supreme Court upheld that that was a prior restraint where a city or county tried to impose such a condition on granting a parade permit. She would recommend not including such a provision. Council Member Miller felt that this was a different set of circumstances as a parade permit. City Attorney Drayovitch stated that State law did not authorize a city to impose any other conditions. It merely stated that a 'person may not stand on the roadway for charitable contributions 235 City of Denton City Council Minutes August 24, 1993 Page 4 unless a city authorized him to do so. Council Member Miller felt that it would be a good idea to try and impose those restrictions. Council Member Perry felt that such solicitation impeded the smooth flow of traffic and created hazardous situations in the city. He felt it was an issue of public safety and public access to the streets. Mayor Pro Tem Smith asked if a permit could not require insurance and an individual were allowed to solicit, what would that do to the city's liability if an accident happened. City Attorney Drayovitch replied that she would ask the Council to allow her to defend strongly against such a suit. She felt that it was very unlikely that the City would be held liable in such a situation. She had visited with attorneys from the State and had looked at the statute and federal cases regarding the issue. Council would need to word very carefully any ordinance regarding the issue. If the ordinance would allow ~haritable organizations to solicit on the roadway, it had to be a blanket waiver. If an organization represented itself as charitable it would have to be allowed to solicit. Council Member Cott suggested preparing a draft ordinance with the provisions indicated earlier by Council Member Miller. Mayor Pro Tem smith and Council Member Perry were not in favor of preparing such an ordinance. ' Council Member Chew and Brock agreed to proceed with a draft ordinance with liability and insurance as suggested. City Attorney Drayovitch stated that State law did not require an ordinance. Council could repeal the existing ordinance and could grant on a voice vote to allow the event to occur. Consensus of the Council was to proceed with a draft ordinance but to not rush the process. 3. The Council held a discussion and gave staff direction regarding budget issues and budget questions for the 1993-94 fiscal year. Due to time constraints, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. 236 City of Denton City Council Minutes August 24, 1993 Page 5 The Council convened into a Special Call Session on Tuesday, August 24, 1993 in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning a 3.463 acre tract of land from the Agriculture District to the Office or Office with conditions district. The tract was located adjacent to IH-35N at the northern end of Colonial Drive. Z-93-013 (The Planning and Zoning Commission recommended denial of Office and approval of Office with conditions 4-1.) Frank Robbins, Executive Director for Planning and Development, stated that this was an amended petition since the Planning and Zoning Commission made a recommendation to Council. The Planning and Zoning Commission recommended denial of straight office and recommended office with conditions. The amended petition was consistent with the Planning and Zoning Commission's recommendation without the bufferyards. The Council had four options to consider with the proposal - (1) deny the zoning outright, (2) approve the p~titioner's request which was office with conditions without the bufferyard and would take 6 votes as the 20% rule was in effect, (3) approve the zoning as recommended by the Planning and Zoning Commission which the proposed ordinance reflected which would also take 6 votes, or (4) change the conditions and approve office with conditions which would also take 6 votes. Denial of the proposal would only take a majority vote with any other action requiring 6 votes. The proposal could also be postponed if the Council needed additional information. Robbins indicated the uses which were allowed by the Planning and Zoning Commission,s recommendation. The only use allowed would be a professional or administrative office. The office front yard set back requirement was 25' with a recommended set back from the Planning and Zoning Commission and approved by the applicant of 40'. There would be no parking within 20' feet of IH35. The sideyard was 10' in straight office zoning and the recommendation was 25'. The rear yard set back next to a 237 City of Denton City Council Minutes August 24, 1993 Page 6 residential use was 10' and it was recommended at 25'. In the straight office zoning there was no height limit but this recommendation was for a 2 story height limit. One of the major issues dealt with the bufferyard. The bufferyard was a recommendation from the Planning and Zoning Commission as they followed the Denton Development Plan's policies for a zoning case. The proposal violated two major policies of the Denton Development Plan. When the general proportionate share of intensity was violated, there were three options for deciding that case. Disappropriate share allocation was not applicable as the study area was already over allocated. There was an option to amend the plan and change standards within the plan. The next step would be to follow the least intense, most logical use in the application of the other policies. The Planning and Zoning Commission's recommendation, in this district with the conditions proposed, was the least intense most logical land use for that area. The Planning and zoning Commission recommended a bufferyard with 16 trees in a 20' wide area with a fence. The DENCO 911 took exception to that bufferyard. Robbins felt that the cost estimate might be high but he could not disagree that that might be the cost for the entire site. It probably would not be the cost to DENCO 911 or any smaller development which would go in the area. One of the proposed conditions recommended no access to Colonial so that there would be no additional traffic on the residential streets but more on the frontage road. The Mayor opened the public hearing. Jim Ferguson, Vice-Chair of the DENCO Area 911 Board of Managers, stated that the Board had discussed how to better utilize the money it received for the 911 area. Currently DENCO leased office space but the Board decided to purchase a building or build one rather than lease. A location on IH35 was preferred in order to be accessible. There was not any existing structure or blank piece of property which would beat the price which was asked for the proposed property. Staff had been very helpful with this development. At no time did the Board say that they were not going to do what was required of them. They had met with the neighbors and listened to their concerns. He felt that the neighbors were not opposed to 911 but were concerned with what would be done with the rest of the property. At no time did 911 indicate that they would not comply with any ordinance of the city and they were willing to do what was required. In regards to the recommendation of a bufferyard, 911 was willing to do a fence but felt that the requirement of a bufferyard was too costly. They were asking consideration to come to Denton and would be a good neighbor. 238 City of Denton City Council Minutes August 24, 1993 page 7 Olive Stephens, Secretary of the DENCO Area 911 Board of Managers, stated that she had been with the 911 Board since its beginning. She spoke in favor because 911 needed a home and wanted to come to Denton as it was centrally located in the County. It was felt that if 911 had a facility of its own, there would be more money for development of a better system for Denton County. She requested consideration of the request. John Porter, owner of the property, stated that he was in favor of the request. He had cleaned up the property and could not understand why the neighbors and 911 could not get together and end up with a beautiful building which would be an asset to Denton. Randy Corbin, Chair of the DENCO 911 Board of Managers, stated that they had been located in Lewisville since the beginning of the District. The proposal was a very good sound request. They had compromised the zoning from general retail to straight office on the tract. It might be that they would need the whole tract. The proposal did not ask for any exception from the Planning and Zoning Commission recommendation except for the bufferyard. A fence was required because of the transition between the zoning districts which they would install. The plan was for a professional attractive building which would represent the District to the community as a professional organization. He believed that this was the best use of the property. He felt the property would not remain vacant and would not become residential property. Russell Bates stated that this was a zoning issue and a bufferyard issue. On January 20, 1993 Mike Pedigo met with City staff and it was determined to request General Retail zoning with conditions from the MXD approach. On March 16, 1993 911 met with the neighbors for feedback and input. On May 3, he was hired by 911 to assist with the platting process and preparing engineering data. There was another neighborhood meeting on June 3, 1993. After that meeting 911 changed the request to office zoning. The full Board met on June 9 to discuss the local meeting and sent a letter to City staff indicating that a bufferyard would be a burden. The Planning and Zoning Commission included the bufferyard restriction in the zoning request. Chuck Carpenter, Denton Chamber of Commerce, stated that he was speaking on behalf of the Chamber of Commerce. He felt this proposal fit into the key element of the I35-W joint promotion. This was headquarters relocation material. The Chamber had worked hard to get headquarters of various organizations in the area. He felt this would be good use of the land. The Chamber considered the request as it applied to the removal of the bufferyard. He had not heard anything that was not reasonable as far as the proposal was 239 City of Denton City Council Minutes August 24, 1993 page 8 concerned. He was comfortable that 911 would be a good neighbor and would use good judgement when they sold the unused portion of the property. Mike Pedigo, Executive Director of 911, presented the organization and the duties of 911. The Board had set some parameters for the type of property they needed which included being easily accessible and in a good location for all cities, flexibility with the proposal as they would not build on the property until 1996 and good fiscal responsibility in regards to price of the property. They had looked at property all over the County and this was the best that fit those parameters. The office zoning was favorable to them and if they did not use all of the property, any other proposal would have to fit into those guidelines. The restrictions proposed by the Planning and Zoning Commission were agreeable with the Board except for the bufferyard requirements which did not fall within their financial needs. The Board could not pay the additional 56% cost for the bufferyard. John Scott spoke in opposition. He stated that 911 had worked with the neighbors in a very professional manner. The neighbors felt that it would be wonderful to have 911 in Denton but objected to the selection of this site. It was not an appropriate zoning change near a stable neighborhood. Several residents in the area were working on improvements to their homes and there was a great concern over the long range consequences for zoning change. George Smith stated that he was impressed with the dedication of the Council. As a long time resident of Denton, he was not in any way against progress or against 911. He felt 911 would be an asset to any community. He moved into his home 20 years ago and had seen the neighborhood change over the years. He had lived with a change in property values which were going down and traffic increasing. There were not many sale signs in the neighborhood as it was a very stable neighborhood. There was much commercial property in Denton and he asked the Council to protect the integrity of the residential neighborhood. The Council had the opportunity to show that citizens counted and that the goal was not to bring business to Denton at any cost. Michele Winsor stated that no one speaking in favor of the request lived in the area of the tract in question. In 1973 the Denton Community Development Department recommended that a reclassification be disapproved due to the already zoned acreage south of Thunderbird and any further encroachment would be detrimental to the existing single family homes. As o~ today the neighborhood had expanded to a much greater degree of stability. 'This was a low density area and the proposed spot rezoning would 240 City of Denton City Council Minutes August 24, 1993 Page 9 exceed by an extreme amount the current intensity trips. The separation policy was also violated. She felt that the tract should remain as it was which was the least intense most logical use for the property. As the proposal was stated there was too much ambiguity and flexibility for the remaining portions of the acreage. Barbara Vance stated that when they bought their lot in 1965 the zoning was such that they knew that the apartments would be built and that the current office zoning would be retail for their protection to buffer them from businesses. Her husband had been one of the members of the committee which worked on the Denton Development Guild indicating that Payne Drive would be the dividing line between residential and commercial development. She had a problem with citizens giving their time to the community and then disregarding the plans suggested. She favored leaving the property as it was. Barry Walters stated that he lived adjacent to the property in question. He had nothing against 911 but was not in favor of the location for their office. If 911 was not going to build until 1996 or 1997, there would be plenty of office space available with the hospital moving out across the street. He indicated that he was concerned about the integrity of the neighborhood. There would be three houses trapped between commercial zoning. The property values in the area had already devaluated with the building of homes of lesser value in the area. The neighbors were also concerned about what 911 would do with the property it was not going to use. John Cooper spoke in opposition stating that he wanted to protect the value of his home. He had heard that this was the best deal which 911 could find and raised the question that it really was just the cheapest property which would suit their needs. Only 1000 yards north of this property was a planned development already zoned for this type of use. There were other properties which were available to meet 911's needs. This was also the first time he had heard from 911 that they would possibly not sell any of the acreage. Mayor CastleberrY indicated that there were two speaker cards from John Upchurch and Phil Winsor noting their objections but not wanting to speak. Mike Pedigo was allowed a five minute rebuttal. He stated that the zoning case was not about speculation and other parcels available. He did not feel that the valuation of property was the market's fault and was not 911's fault and that 911 would not devaluate the 241 City of Denton city Council Minutes August 24, 1993 Page 10 surrounding property. The Mayor closed the public hearing. Council Member Miller asked where the building would be placed for 911. Pedigo replied that at this point there was no site planning or platting completed. They did not want to invest in that until they had purchased the property. Council Member Miller asked what the normal landscaping would require. Robbins replied that assuming that the property was already zoned, only a 6' wooden or masonry fence would be required. Council Member Miller indicated that someone had stated that 911 might use the whole piece of property for 911. Pedigo replied that 911 did not need the entire parcel and could not buy only a portion of the property. The maximum need at this time would be 10,000 square feet. Council Member Miller asked about 911's position regarding the bufferyard. Was there a position somewhere between the fence and a Class D bufferyard which would be acceptable. Pedigo replied that he was not in a position to make a change without Board approval but felt that there was no middle ground at this time due to finances. Council Member Cott stated that the MDX and the associated bufferyards had not been assigned by Council and was therefore still theoretical. Robbins replied true but that there had been a number of bufferyards added to other cases. There had been additional bufferyard requirements in other conditioned zoning districts such as Hunter's Ridge. Council Member Cott stated that that concept of a bufferyard was not yet approved as an acceptable transition between types of zoning. It had been used in certain cases but was not mandatory. Robbins replied correct. 242 City of Denton City Council Minutes August 24, 1993 Page 11 Council Member Perry asked what the proposed zoning would do to density and intensity of the tract. Robbins replied that density was not affected. There was an intensity violation of significant proportions with the proposal. Actual trips would only be on the frontage road as no access was allowed on Colonial. Mayor Castleberry stated that all traffic would be from the service road. Robbins replied correct. Mayor Castleberry stated that this property might not be developed as residential property. Robbins replied that this property could be developed as other than single family use. Mayor Castleberry asked if the recommendation received by Council had been suggested by staff to the Planning and Zoning Commission or was it Planning and Zoning's recommendation. Robbins replied that it was a staff recommendation and had been part of the recommendation since the beginning off the proposal. Mayor Castleberry asked for the difference between the proposed bufferyard and the current ordinance. Robbins replied that the proposed bufferyard would have 16 trees per 100' in a 20' wide area plus a fence. Assuming the property was zoned, the current standard was only a 6' fence. Council Member Miller stated that there was a landscaping ordinance. Would there not be requirements for other trees besides a fence as part of that ordinance. Robbins replied correct. Council Member Miller asked where those trees would be planted Robbins replied they would only be in the front of the building. Council Member Perry stated that residents in the area had been taxpayers in the City from 7-40 years. The 20% rule was not just barely over the rule as almost all of single family homes voted against the proposal. The proposal exceeded intensity and he was uneasy of what would be done with the property as one Council could 243 City of Denton City Council Minutes August 24, 1993 Page 12 not bind another Council. Maintaining the integrity of the neighborhood was very important. Mayor Pro Tem Smith stated that someone had indicated that 911 would be paying ad valorem taxes. Pedigo replied that they would not be paying ad valorem taxes as they were a governmental entity. Council Member Miller stated that if 911 sold the other pieces of property they would be subject to ad valorem taxes if they were not a governmental entity. Pedigo replied yes. Miller motioned, Cott seconded to adopt the ordinance as recommended by the Planning and Zoning Commission without the requirement of the bufferyard. On roll vote, Brock "nay", Cott "aye",' Miller "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote. 3. The Council considered a motion to approve the 1993-94 Denton Convention and Visitors Bureau budget as presented and submitted to the City Council. City Manager Harrell stated that Items 3-7 were approval of the budgets whi.ch had been previously reviewed with Council by the recipients of the hotel/motel tax. Smith motioned, Chew seconded to approve the budget of the Denton Convention and Visitors Bureau. On roll vote, Brock "aye", Cott, "aye'', Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The Council considered a motion to approve the 1993-94 Denton County Historical Museum budget as presented and submitted to the City Council. Cott motioned, Brock seconded to approve the budget of the Denton County Historical Museum. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 5. The council considered a motion to approve the 1993-94Denton County Historical Foundation budget as presented and submitted to the City Council. 244 City of Denton City Council Minutes August 24, 1993 Page 13 Brock motioned, Cott seconded to approve the budget of the Denton County Historical Foundation. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 6. The Council considered a motion to approve the 1993-94 Greater Denton Arts Council budget as presented and submitted to the City Council. Perry motioned, Smith seconded to approve the budget of the Greater Denton Arts Council. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered a motion to approve the 1993-94 North Texas State Fair Association budget as presented and submitted to the City Council. Cott motioned, Miller seconded to approve the budget of the North Texas State Fair Association. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. 8. Ordinances A. The Council considered adoption of an ordinance approving the 1993 appraisal roll for the Denton Central Appraisal District. John McGrane, Executive Director for Finance, stated that this was the roll from the District which indicated the values of the properties located in the City. Under State law, the City was required to have the governing body approved that roll. The following ordinance was considered: NO. 93-149 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1993 APPRAISAL ROLL AND PROVIDINC FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 245 city of Denton city Council Minutes August 24, 1993 Page 14 B. The Council considered adoption of an ordinance authorizing the Mayor to execute a contract between the City and William and Elizabeth Holland for the purchase of real property. (The Planning and Zoning Commission recommended approval.) Bob Nelson, ~xecutive Director for Utilities, stated that the property was located near the current landfill on Foster Road. The following ordinance was considered: NO. 93-150 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY AND WILLIAM AND ELIZABETH HOLLAND FOR THE PURCHASE OF REAL PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance establishing fees to be charged for emergency ambulance services in the City as provided for in Sec. 27-102 of Article IV of Chapter 27 "Vehicles for Hire" of the Code of ordinances of the City of Denton, Texas; and repealing all ordinances in conflict herewith. Rick Svehla, Deputy City Manager, stated that this ordinance had been discussed at a prior Council meeting and would raise the fees from $120 to $200. Several area cities had been surveyed and this was a middle increase in comparison with those cities. The increase also included costs of non-recyclable drugs, etc. Council Member Chew reiterated his position as discussed at a prior meeting concerning the other entities not paying their fair share. The following ordinance was considered: NO. 93-151 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE CHARGED FOR EMERGENCY AMBULANCE SERVICES IN THE CITY AS PROVIDED FOR IN SEC. 27-102 OF ARTICLE IV OF CHAPTER 27 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 246 City of Denton City Council Minutes August 24, 1993 Page 15 Miller motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. 9. Resolutions A. The Council considered approval of a resolution regarding the 1993-94 budget of the Central Appraisal District. City Manager Harrell stated that State law required the City's approval of this budget. The following resolution was considered: NO. R93-048 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE 1993- 1994 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Cott seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Miscellaneous matters from the City Manager. The Council considered Item #3 from the Work Session. 3. The Council held a discussion and gave staff direction regarding budget issues and budget questions for the 1993-94 fiscal year. City Manager Harrell stated staff would be reviewing the answers to all of the questions posed by Council during budget deliberations. Next week there would be a formal public hearing concerning the budget during the regular Council meeting and the following week would be a review of th~ r~maining major budget i~ues needing to be resolved. John McGrane, Executive Director for Finance, reviewed the Council's questions and answers. 1. Legal Services - Zoning Ordinance Council Member Cott asked about the amount in the budget for this item. 247 City of Denton City Council Minutes August 24, 1993 Page 16 Frank Robbins, Executive Director for Planning, stated that there were two costs associated with this item. The $121,950 was a value or cost of what had been done since 1990. That was done without any packages in the budget so it had no fiscal impact. The $10,600 was a value cost for what it would take to complete the project. 2. Recycling Coordinator Position - Zoning Cases - Planning Revenues/Fees - Code Enforcement/cost containment - Main Street/ downtown investment. Council Member Perry asked for a clarification of the $500,000 for Main Street. Robbins replied that that investment to be made to the Street Program. was the 1993-1994 estimate of the private fiscal year for the Main 3. Copy Equipment Analysis 4. Laylor Fund Recipients - projected use of fund balance 5. Purchasing - Use of Bar Codes 6. Parking Meter Receipts - enforcement 7. Athletic Fields/total operation cost - Alcohol sale at Parks - Recreation fields - alternative turf methods - MLK staffing Council Member Chew asked for consideration of placing a full-time staff person at the Martin Luther King, Jr. Recreation Center to address some ethnic needs as well as other concerns of the neighborhood. He felt more information was needed in regards to having a full-time staff person at that Center. City Manager Harrell stated that this would be an additional major issue and he would develop more information. 8. ADA Compliance Council Member Miller asked if the Library problem was addressed as a budget issue. Bruce Hennington, Facilities Manager, stated that they were in the process of detailing options for the Council and felt that it could be done in this budget year and would not lose the historic doors. Council Member Cott asked if the ADA work had to be this year or was there a time frame to do the work. 248 City of Denton City Council Minutes August 24, 1993 Page 17 Hennington stated that by law if there was a yearly plan to do the projects, they did not have to be done all at once. City Manager Harrell stated that the $19,000 which was included in this budget was the portion of the plan coming due next year. Council Member Perry stated that the Library had suffered considerable cuts in the past several years. He would like to see Council consider restoring the previous cuts in such areas as the children/adult books. City Manager Harrell referred to pages 78-79 of proposed budget which indicated the packages which were included in the proposed budget. There were a number of library packages which were designated as restoration packages. Those would be coming back into the budget such as adult library books. Pages 80-82 were packages which were not included in the proposed budget. There were no library restoration packages in that area but were some new packages which were requested but not funded. 9. Denton Municipal Complex - cost analysis Council Member Cott asked if it were intended that any expenditures in the Complex would be funded with a certificate of obligation or bonds. City Manager Harrell stated that all capital items would be funded with a combination of certificates of obligation and bonds. All operation and maintenance expenses would come out of the general operating budget. The budget included operation and maintenance expenses to activate the Center when completed. Council Member Brock asked how long it was anticipated to pay off the certificates of obligation with the associated rental of the Center. McGrane replied approximately 10 years. 10. City Hall West - cost analysis. 11. Facilities Management - maintenance budget 12. Tuition Reimbursement - Pay Plan - Incentive Award Program City Manager Harrell stated that these items would be included in the major budget issues. 13.' Response to Memo from Fire Fighters 249 City of Denton City Council Minutes August 24, 1993 Page 18 Mayor Castleberry indicated that there was a citizen request to speak card on this item. Ken Gold presented Council with a handout regarding a prior memo which was included in the agenda backup materials. He stated that very few fire fighters would receive step raises for a second year with the proposed budget. He questioned the benefit statement that the City paid 14% of the firefighters pension. He felt that the benefits adjustment was pay, not a pension pick-up or a payment to a pension fund. His last issue related to staffing at the fire stations indicating that staffing at the stations was too low. City Manager Harrell stated that the discussion regarding the contribution to pension was one of semantics. If it were said that the City did not contribute 15% to the fire fighters, then it had to be said that the city did not contribute 10% to the other employees. There was an inequity in the amount in either case. 14 15 16 Utility rate comparisons Wastewater budget - revenues over expenditures Sanitation ROI 17 Water Tower - CIP 18 Visioning 19 Recycling long range planning/costs Council Member Miller stated that the numbers on Table I included in the back-up did not add up. Bill Angelo, Director of Community Services, stated that there was a typographical error in the Table. Council Member Miller asked if the City did not have a grant with the waste oil collection program. Angelo replied yes but there would be no income from that program. With the $20,0000 grant received from the Texas Water Commission, $6,000 would be designated for a contingency fund for contaminated oil. 20. Fire - communication needs 21. Fire - fire loss comparisons 250 City of Denton City Council Minutes August 24, 1993. Page 19 Council Member Perry asked about the Opticom particular on the corner of Carroll and Hickory. 22. Disabled Persons Exemptions System and in 23. 1992-93/1993-94 Budget Comparisons Council Member Miller asked how many net people were propOsed to be added which would impact the budget. City Manager Harrell replied five full time equivalents in the general fund and seven in the solid waste department with three less positions in the rest of the utility department. Council Member Brock asked why prospects for income seemed better this year than last when the ad valorem tax rolls were down greater this year than last year. McGrane replied that it probably was the comparison from the preliminary roll to the certified roll as the certified roll did not indicate that. 24. Keeping tax rate City Manager Harrell stated that in order to keep the tax rate at $.7180 as opposed to the recommended effective rate of $.7490, it would be necessary to reduce the proposed tax rate by $.035 cents. This would translate to finding additional cuts or revenue enhancements totalling approximately $562,000. In order to share the cuts with all of the departments, all of the new packages would be eliminated from the proposed budget totalling approximately $342,000. To that amount, $75,000 could be added from an adjustment to the compensation program and $13,000 could be added from eliminating the additional Over 65 exemption. Even with those cuts, the budget would still be $112,000 short and Council would need to look at revenue estimates or the fund balance to make up the difference. The difference could be made up all from the fund balance but it would not be prudent to do so as the level would then fall below the 10% level. That was the type of eut~ which would be necessary to be able to achieve that goal. The reason the budget was proposed at the effective tax rate was due to the growth in sales tax. Council Member Cott stated that the effective tax rate allowed the same amount of money to be spent as last year. The difference was that there was not the same assets as last year. In most organizations, when the assets went down, the spending went down also. 251 city of Denton city Council Minutes August 24, 1993 Page 20 Council Member Miller asked how the city had less assets. Council Member Cott replied that there was less assessed valuation. Council Member Miller stated that that was the source of the City's revenue. The assets were parks, buildings, etc. Council Member Cott stated that the ad valorem tax was based on assessed valuation. If the City took from the retailer in the source of added sales tax, then other areas needed to be reduced as well. Council Member Miller felt that the City was adding assets on the basis of what to service and maintain. The new park was an asset with maintenance requirements which required revenue. Council Member Brock stated that the retailers would not be paying the additional sales tax. It would be the consumers. Council Member Miller also stated that there was a task force which had been appointed to study the sales tax issue and a decision had not been made yet. McGrane stated that the final questions dealt with issues which the Council had raised earlier. Mayor Castleberry asked how it was that Ft. Worth would not be increasing their health insurance. There were some areas in the specialist areas which had increased greatly under the new plan. He asked if any of those areas had increased again. Tom Klinck, Director of Personnel, stated that that would be part of the recommendation which would come before Council. Mayor Castleberry asked which specialist areas had increased the most. Klinck replied with Sanus and the gate keeping system, the claims were approximately $1.4 million. Because of concern of delivery of service and access of service, it was recommended to go with a fully-insured program with an expanded list of doctors and returned 70% of the dollars to the community. As a result of that, utilization did increase the first year with no gate keeping system, claims that year were approximately $2.1 million. This past January there was seen a reduction in claim costs and a better plan in terms of dollars spent. Part of the renewal would include a gate keeping system for referral to specialists. 252 City of Denton City Council Minutes August 24, 1993 Page 21 11. There was no official action on Executive Session items discussed during the Work Session Executive Session. 12. New Business The following items of New Business were suggested by Council Members for future agendas:. A. Council Member Perry asked for a discussion regarding the Opticom system. B. Mayor Pro Tem Smith stated that there had been some resignations from several boards/commissions and asked for the procedure to fill those positions. C. Council Member Miller reminded the Council of the meeting with Congressman Sarpalius. D. Mayor Castleberry asked for Council representatives to work with staff to work on the reception for September 11, 1993. Mayor Pro Tem Smith and Council Member Brock volunteered to work with staff. 13. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned 10:25 p.m. iTTI'P~wALTERS S~RETARY ~F DENTON, TEXAS ACC00143