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Minutes May 17, 1994199 CITY OF DENTON CITY COUNCIL MINUTES May 17, 1994 The Council convened into the Executive Session on Tuesday, May 17, 1994 at 5:15 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council convened into Executive Session to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered demand for settlement in the claim of Sor, et al. 2. Considered settlement in Ervin and Gibson vs. City of Denton. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 1. Discussion regarding property acquisition on Foster Road and Mayhill Road. C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into the Work Session on Tuesday, May 17, 1994 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the hiring and employment of the part- time municipal judge. Tom Klinck, Director for Human Resources, stated a survey had been completed regarding the salary ranges for part-time municipal judges. Based on that information, staff was suggesting a salary range of a Grade 10 and indicated the regular benefits that a part- time employee would receive. Mayor Castleberry asked Klinck to list the recommendations. Klinck replied that Grade 10 would be a minimum salary of $15.43 per hour, the midpoint salary would be $19.29 per hour and the maximum salary would be $23.15 per hour. The benefits which a 2OO City of Denton City Council Minutes May 17, 1994 Page 2 part-time employee received included half of the group health insurance rate, participation in TMRS, social security, life insurance, a health risk assessment, 5 hours per month for vacation, 4 hours per month for sick leave and 9 holidays paid at half-time. The salary range would allow the Council to hire at the $17 per hour which would be a good attractive salary. Mayor Castleberry stated that the survey indicated that most of the part-time judges were contracted with no benefits. Klinck replied correct. If the Council chose to appoint this position, it would be like the other Council employees. Cott motioned, Smith seconded to follow the recommendation suggested by Mr. Klinck assigning the position a Grade 10 with similar benefits as other permanent part-time employees. Counci~ Member Miller asked if this recommendation would be for the present situation or when the Court of Record was implemented. Klinck replied that it was budgeted for the Court of Record. Council Member Miller stated that there were still other items to consider for the Court of Record. Council Member Perry felt as there was more work to do on this issue, it might be better to wait until all the issues were completed and consider them together. Council Member Smith stated that Klinck had established the parameters for the salary and other benefits. If Council approved this recommendation, it would not affect the other issues to consider. Council Member Miller stated that other issues to be considered included educational courses, attendance at seminars, etc. Klinck stated that his staff had investigated those issues which were related to the Human Resources area of salary and benefits. Judge White did do some survey work on budgetary items for other areas. City Manager Harrell stated that the Human Resources staff was directed to survey other competing cities to determine the salary information for Council in order to set a compensation rate. Staff was not investigating the other items Judge White discussed concerning the part-time municipal judge. 201 City of Denton City Council Minutes May 17, 1994 Page 3 Klinck stated that there was a certain amount of lead time necessary to recruit for the position. Time would be needed to do the advertising, receive and evaluate the applications. A job offer could be made to an individual contingent upon the implementation of the Court of Record. Council Member Miller stated that there were a number of other items which needed to be done before establishing the Court of Record. There was a need to know all the details of what was involved. Mayor Castleberry stated that his understanding was that all items would be completed but that this was the first step of those items. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 2. The Council received a report and held a discussion regarding the implementation of a water utility community awards program. Lee Allison, Director of Water Utilities, stated that one of the major issues facing municipalities was unfunded mandates. Those mandates included public education, enforcement programs, and monitoring programs. Denton was not under any of those mandates at this time. Staff felt it would be a good idea to try and stimulate the community to help solve these problems in a positive manner through a civic awards program. Recognition would be given in the form of a certificate for advancing public education regarding water environmental issues. For example, a bank might offer low interest loans to homeowners who would replace older sanitary sewer lines and the city could use its camera equipment to determine what repairs needed to be made. Awards could be given to clubs regarding water conservation programs. There would be no cost to the City at this time for this program. Certificates would be issued all year round for such programs. Between March and May programs could be selected some for higher awards. If Council was interested in the idea, staff would write a full program for Council consideration. Consensus of Council was to proceed with the development of the program. 3. The Council received a report, held a discussion and gave staff direction regarding an Infrastructure Financing Policy. Lee Allison, Director of Water Utilities, stated that there were no significant changes proposed to the policy. One difficulty had 202 City of Denton City Council Minutes May 17, 1994 Page 4 been discovered when the program was used in the past. The way the policy was written required the City to advertise for bids for the project. Since this was the developers project, the developer had the opportunity to award the contract to anyone he desired, not necessarily one of the bidders. The revised language would allow the City staff professional engineer to determine an estimate of what the City cap in participation would be as opposed to using actual bid items. Another clause had been added for a rewiew of the program every five years. Council Member Smith asked if the Legal Department had worked through the issue. Allison replied yes except for the sunset clause. Council Member Cott suggested that there be enough funds added to market this properly. The program needed presentation in order to promote it. Allison stated that the funding of the program was through the economic development program. Consensus of the Council was to proceed with the program. 4. The Council held a continuation of discussion regarding the Community Development Advisory Committee and Human Services Committee recommendations. City Manager Harrell stated that the Council would need to take formal action by resolution the first meeting in June regarding the community Development Block Grant items and the HOME items. Human services funding from the general fund would be made during budget deliberations. If, following the discussion, Council was ready to give direction to form the resolution on the block grant money, staff would prepare the document. If not, the item could carry over to the next meeting on the 24th of May. Barbara Ross, Community Development Coordinator, stated that the back-up materials included a rank ordering of the Council's priorities and a list of every request which came to the Community Development Advisory Committee. Council Member Smith stated that it had been indicated that the Legion Building could be used by senior citizens for their crafts. She questioned if the building would be used for other activities. Rich Dlugas, Director of Parks and Recreation, stated that the Seniors had asked staff to look into the possibility of renovating 2O3 City of Denton City Council Minutes May 17, 1994 Page 5 the Legion Building. Currently they were using one of multi- purpose rooms for their crafts. They had not been able to leave those crafts out for completion as the room was used for other activities as well. The Seniors had requested an area in which crafts could be kept out for completion. The proposal would be to initially use the building primarily by the seniors. A building attendant would open the building and senior volunteers woul4 be in charge of the operation of the building. Eventually summer camps at Fred Moore Park might be a use for the building as well. Council Member Smith asked if there other events at the building now. Dlugas replied that the building was unoccupied at this time and was in a state of disrepair. He felt it would be good to reopen the building for citizen use. Mayor Castleberry asked about the number of Seniors who would use the building. Dlugas replied approximately 30-40 on a regular basis. Mayor Castleberry asked if this would be a duplication of the efforts at the Senior Center. Dlugas replied that some of the events at the Senior Center would be the type of activities which would occur at the Legion Building. Mayor Castleberry felt that this would be duplicate uses of the Senior Center and of the Martin Luther King, Jr. Center. Dlugas replied that the Seniors were indicating that this would be a location closer for the residents to use. Staff would use a building attendant to open the building and no additional staff would be used on a regular basis. The Seniors would monitor the building. Mayor Castleberry felt that this appeared to be a duplication of efforts and did not encourage all seniors within the City to be a part of the Senior Center on Bell Avenue. There were costs involved with the proposal which may not be necessary to spend. There was already a facility for the Seniors. Council Member Chew did not feel that this would be a duplication of efforts due to the fact that some Seniors in the area did not have transportation to the Senior Center. The building would De well used by the Seniors in the area. In regards to the cost of operation and maintenance, it was estimated that $5-7000 per year 204 City of Denton City Council Minutes May 17, 1994 Page 6 would be needed for utilities, etc. The City spent more than that in other areas such as the Greater Denton Arts Council and Theater. He felt that this would be a good situation which would stabilize the community and would give a presence for the Police Department in the area. There were many positive aspects for the project. Council Member Perry stated that he had discussed the proposal with Seniors and felt it would be a wise use of resources. The Seniors would have a permanent place for their crafts where they would not be disturbed. He felt that the Committee had thought through the staffing and operation of the facility. The COPS program would be able to be expanded in the area with this facility. Mayor Pro Tem Brock stated that she was in favor of renovating the Legion and making it a permanent part of the community. She was concerned about a police substation in the building if it meant a withdrawal from the Phoenix Apartments. A substation there would help with some of the problems of loitering and other events at the park. She was also concerned about designating the building as a senior center. There might be a problem later designating other activities. There were other groups who would like a place in the community for a meeting place and the building might be available for more than just the Police Department and the Seniors. It could be a more informal meeting place for community groups. Mayor Castleberry stated that the MLK Center was not being fully utilized especially during mid-morning and mid-afternoon. There were times when the full-time employees did not have anything to do. MLK was a very expensive and extensive center and felt that this would be a duplication of effort. He was concerned about what the operation and maintenance costs might be in the future. He felt this proposal was not stressing .the importance of meeting together and did not want to promote separate facilities. Council Member Cott suggested that older individuals did not have the patience to be with younger people for a good part of the day. This would be good for older citizens to know that they would have a quiet place to go. Mayor Pro Tem Brock stated if the funds were used for the renovation, it would be block grant funds which were designed to be used for low income projects. The MLK Center was also built partially from low income funding. On the surface this might appear to be resegregation but that was not really the point. The point was access for individuals who did not have readily available transportation. There was a difference between an individual choosing to go to a facility in his neighborhood and being told that he could not go to a different facility. 2O5 City of Denton City Council Minutes May 17, 1994 Page 7 Mayor Castleberry stated that he was aware of what the block grant funds were for and that they could be used for other projects. He was not against the centers but did not want to duplicate services. Council Member Miller stated that the idea came from the community during the public hearing process. He asked the Chief of Police to address the situation of the COPS program. Mike Jez, Chief of Police, stated that community offices were placed in locations at the request of the neighborhoods. Through a process of consulting with neighborhood residents, it was determined where the best location would be for the community office. It was necessary to continually reevaluate the effectiveness of the community centers. The dynamics and characteristics of a neighborhood might change from time to time. Where an office was creditable at one particular given time, it might not be creditable in that same location five years later. Staff would go back to the neighborhood and consult with them regarding where they could best be served. There had been a number of problems in prior years with rentals of the Legion facility due to less than desirable groups renting the facility. This proposal would ensure that that did not occur. Council Member Perry asked if the residents desired to continue a program at both locations, could that be done. Jez replied that that would be an option to consider. It must be kept in mind that the community offices were not staffed 24 hours a day with police officers. The officers relied very heavily on citizen involvement with those offices. Periodically an evaluation must be done regarding the effectiveness of those offices and the utilization of those offices. When it was found that an office was not being effectively utilized by the police and/or the citizens, then it should be considered to close that office. It was not necessary to continue them indefinitely because they were effective at one time. Council Member Smith stated that if the building were renovated and prepared for the two purposes indicated, it would be up to the residents whether the police unit would move. Jez replied that there had not been any commitment to move at this time. ~Due to a time constraint, this item was continued during the Regular Session under Miscellaneous Matters from the City Manager. 206 City of Denton City Council Minutes May 17, 1994 Page 8 The Council convened into the Regular Meeting on Tuesday, May 17, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Session of March 19, 1994. Perry motioned, Smith seconded to approve the minutes. Council Member Cott stated that on page 19 there was a comment which was not really what he intended to say. Me would like to substitute wording for what was indicated in the minutes. The minutes indicated "Most organizations going to a bank to grow did not say that they would tell the bank over the next 10 years how much they wanted to borrow" and he would like to substitute "Any organization that wanted to grow had to tell the bank what its plans were up front and how much money it would need. The bank would then determine whether it had the assets to be able to borrow as much as it wanted." Mayor Castleberry asked if this was a correction of the minutes or an addition to the minutes. Council Member Cott stated that it would be a changing of the words he used in the minutes. City Attorney Drayovitch stated that if it were the desire of the Council, a motion would be in order to add that clarification to the minutes and to reflect such in the minutes. In that way, the integrity of the minutes would not be disturbed but would be a clarification. Council Member Perry and Smith agreed to that clarification in their motion and second. Council Member Miller asked for a correction on page 20, third paragraph to change the word "would" to "should". 207 City of Denton city Council Minutes May 17, 1994 Page 9 Council Member Perry and Smith agreed to that correction in their motion and second. On roll vote of the motion with the addition and correction, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Reports A. The Council was to receive a citizen report from Mike Udell regarding pet overpopulation. Mr. Udell was not present at the meeting. Mayor Castleberry presented Keep Denton Beautiful Awards to Blockbuster Video, Bob and Gay Pugh, and Carol and Martha Goen for May 1994. 4. citizen Requests A. The Council considered approval of a resolution temporarily closing North Lake Trail between Auburn Street and Bowling Green Street for a neighborhood block party on June 5, 1994 from 1:30 p.m.- 6:30 p.m. Joseph Portugal, Assistant to the City Manager, stated that this was a request from the Homeowners Association for the street closure for a block party. This was the fourth year for the event and it had unanimous approval of the residents. The following resolution was considered: NO. R94-018 A RESOLUTION TEMPORARILY CLOSING NORTH LAKE TRAIL BETWEEN BOWLING GREEN STREET AND AUBURN STREET ON SUNDAY, JUNE 5, 1994; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Chew 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. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning 3.633 acres from Planned Development District 12 to Commercial (C) District. The site was located on 208 city of Denton City Council Minutes May 17, 1994 Page 10 District 12 to Commercial (C) District. The site was located on the west side of Interstate Highway 35 approximately 1800 feet south of State School Road. (The Planning and Zoning Commission recommended approval 7-0.) Z94-008 Debra Goodwin, Urban Planner, stated that this was a request for a rezoning of 3.633 acres of an existing 6 acre site. The dual zoning on the property developed as property sales were done without proper platting. The property was in PD12, originally approved in 1972, and had several changes and amendments since approval. The most recent consideration of this property was in 1987 for a concept plan for commercial uses. The applicant was proposing to rezone this piece of property to commercial and was asking for no restrictions on the zoning. Platting would be considered at a later date. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 94-088 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD) NO. 12 TO COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.633 ACRES OF LAND LOCATED ON THE WEST SIDE OF INTERSTATE HIGHWAY 35 APPROXIMATELY 1800 FEET SOUTH OF STATE SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING 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. B. The Council held a public hearing with regard to the proposed annexation and zoning of 79.69 acres located along FM2164 and extending approximately 3,482 feet north of Bobcat Road. (A-65) Frank Robbins, Executive Director for Planning and Development, stated that this was the second public hearing for this annexation and required no action on the part of the Council. This was a 209 City of Denton City Council Minutes May 17, 1994 Page 11 public hearing to provide input into the process. The Mayor opened the public hearing. No one spoke in favor. Gloria Delaney asked when was the last time the City annexed out in this direction. Robbins replied that he would research that information for Ms. Delaney. Delaney wanted to know the last time the city limits signs were moved in that area. She also asked when fire hydrants would be available for fire protection in the area. Robbins replied that those issues were not directly addressed with this annexation. The City's policies regarding those types of capita~ improvements were applicable and were listed in the back-up materials. When development occurred in that area, the hydrants would be placed. Delaney stated that she was not talking about any building that might happen but rather the current residents. Mayor Castleberry stated that as Ms. Delaney was not making a statement but rather was asking questions, she needed to give those questions to Mr. Robbins who would research the answers. Delaney stated that the nearest fire hydrant was at Evers Park which was approximately 4 miles away from the proposed ~nnexation. The residents in the area were individuals with farms and animals and they did not wish to be in the Denton city limits. The Mayor closed the public hearing. CoUncil Member Smith clarified that this annexation had no homes involved. Robbins replied correct that there were no structures involved. Council Member Perry indicated that there was an individual in the audience who seemed to have a different opinion. Robbins replied that he had an aerial photograph indicating no structures in the area. Ms. Delaney indicated that there was a mobile home in the area. 210 City of Denton City Council Minutes May 17, 1994 Page 12 Robbins replied that that mobile home was not in the area. He offered to speak with Ms. Delaney about her issues before the annexation process ended. C. The Council held a public hearing and considered a variance to Section 34-114, paragraph 17 of the Subdivision and Land Development Ordinance concerning the construction of sidewalks at Browne Industrial Park. (The Planning and Zoning Commission recommended approval 7-0). Frank Robbins, Executive Director for Planning, stated that this was a simple variance. The property was located at what would be the dead end of Jim christal Road when completed. The unique situation that justified the variance was that it was the last property on a dead end street. The Planning and Zoning Commission granted a variance to the requirement for sidewalks which would go no where. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Brock motioned, Perry seconded to approve the variance request. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council held a public hearing to consider the preliminary and final replats of Lot 1, Block 1, Bethel Temple Parsonage Addition, plus approximately .464 acre of unplatted land; into Lot iR. The 2.00 acre site was located on the south side of Highway 380, near the Marshall Road intersection. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Executive Director for Planning and Development, stated that this was a residential replat which required a public hearing. This property was being added to a currently platted lot. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. 211 City of Denton City Council Minutes May 17, 1994 Page 13 The Mayor closed the public hearing. Chew motioned, Smith seconded to approve the preliminary and final replats. On roll vote, Brock "aye.", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council held a public hearing and considered approval of the preliminary and final replat of Lot 4-R, Block 4, Snider Addition, Section II. The site was located on Brooke Street north of Casie Court. (The Planning and Zoning Commission recommended approval, 5-0). Frank Robbins, Executive Director for Planning and Development, stated this was again a residential replat situation. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Perry moved, Brock seconded to approve the preliminary and final replat. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council held a public hearing and considered a motion to call the street escrow for 2901 Fladger from Melvin and Lane Herr. Jerry Clark, Director of Engineering, stated that this was a request on whether or not to call a street escrow agreement located at the intersection of Fladger and Westgate. This was the 10th year of the l0 year bond. In the last several months Westgate had deteriorated and needed serious work. If the bond were used, the expense to the citizens would lessen. Mr. Herr was required to put up the bond because of frontage on Westgate Drive. Staff was asking that Council consider refunding the curb and gutter portion of the bond as the construction would be a standard city street without curb and gutter. The amount to be refunded would be approximately $1,500 and staff was recommending to call the bond. The Mayor opened the public hearing. No one spoke in favor. 212 City of Denton City Council Minutes May 17, 1994 Page 14 Melvin Herr stated that he was the owner of the property at 2901 Fladger. They bought the property in 1984 and obtained a building permit in 1985. At that time in order to obtain a building permit, they had to have the property platted and put up an escrow account. This agreement was to fund one-half of the paving and installation of curb, gutter and drainage facilities. They were told last year that this could be requested this year since there were no plans to do any major paving for the next five years. There was another residence south of his residence and he asked if those individuals would be assessed for their portion of the paving. He asked that these funds be released and returned to them. The Mayor closed the public hearing. City Manager Harrell reminded the Council that there had been a similar case about 6 months ago. For the funds to be spent in the final year a public hearing was required. In the previous case, this occurred and positive public improvements were made. If this had not been the final year, a public hearing would not have been necessary. Council Member Smith stated that the money for curb and gutter would be refunded. Clark replied yes approximately $1500. Elaine Herr stated that she needed clarification regarding the agreement. When they had applied for their building permit, they agreed to go along with what the City requested, indicating that the money would be for paving, gutter, and drainage. The City did not indicate that they could take part of the money and only do part of the project. That was not what was agreed on. Clark replied that the issue was whether the street should be left in a rural or urban state. The Legal Department had researched the issue and determined that it was legal to do the street improvements which was a major part of the agreement. City Attorney Drayovitch stated that Mr. Clark consulted with one of the Assistant City Attorney's regarding the matter and she felt Mr. Clark's representation was consistent with what the Council had done with other cases. Ms. Herr asked if anyone else in the neighborhood would be required to pay for any improvements. Clark replied that this was the only bond being called and this was the only house putting up money. City of Denton City Council Minutes May 17, 1994 Page 15 213 Ms. Herr stated that she had a problem with the other land owners not having to pay for the improvements. She did not agree with the procedure because the City was not doing what was agreed. Why should they be the only ones to put up the money for the improvements as they were not the only ones using the road. Trucks from a construction project damaged the road and brought this issue forward. City Attorney Drayovitch stated that the agreement by the City was to utilize the money for the paving, installation of curb and gutter and drainage according to City specifications. In order to obtain a building permit at the time the Herr's built their home, adjacent property owners had to either pave the street or execute this agreement. The City was going to construct part of the improvements and the part which they were not going to construct would be refunded to the Herr's. Ms. Herr asked about all the other property owners on the street. City Attorney Drayovitch replied that she was not familiar with the specifics of the project. City Manager Harrell stated that this was not a street assessment program to pave the street. Because none of the other property along that street during the past 10 years had platted their property and filed with the City an escrow amount, the City had no other escrow amount to call except for the Herr property. If any other property along the street had platted and obtained a permit, they would have had to file an escrow agreement which would be called when improvements were made. Ms. Herr stated that in 1984 and 1985 they should have fought putting up the money as their neighbors did and not put any money in the escrow account. Chew moved, Perry seconded to keep $6,200 of the escrow account and refund the Herr's $1,500. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented a Keep Denton Beautiful award to Carrol & Martha Goen. 6. Consent Agenda ' Smith motioned, Perry seconded to aDDrove the Consent Agenda a~ presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". 214 City of Denton City Council Minutes May 17, 1994 Page 16 Motion carried unanimously. A. Bids and Purchase Orders: Bid #1625 - Forklifts Bid #1628 - Drainage Channel Vegetation Management B. Plats and Replats Preliminary replat of Wimbleton Village replat and McNatt Addition replat of a 54.538 acre tract located on Interstate Highway 35 at State School Road. (The Planning and Zoning Commission recommended approval 7-0.) Preliminary plat of Lots 1-7, Block A; Lots 3-34, Block B, Lots 1-22, Block C; and Lots 1-13, Block D; of the Crown Oaks Addition. The 24.43 acre site was located north and east of Teasley Lane, at Hobson Lane. (The Planning and Zoning Commission recommended approval 6-0.) Preliminary plat for Lot 1, Bock 1, Browne Industrial Park of a 9.6781 acre tract located on Jim Christal Road at the G. C. & S.F. Railroad. (The Planning and Zoning Commission recommended approval 7-0.) 7. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid #1625, 6.B.1. - Bid #1628). The following ordinance was considered: NO. 94-089 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. Brock 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· 215 City of Denton City Council Minutes May 17, 1994 Page 17 B. The Council considered adoption of an ordinance amending Ordinance 93-161, establishing the schedule of rates for water service, by the revision of the rates for the sale of water for resale to municipal corporations, water districts and other governmental entities by agreements prior to June 1, 1986; by repealing Schedule WW2 for water sales for resale to municipal corporations, water districts and other governmental entities by agreements after June 1, 1986; by deleting Schedule WW2. Bob Nelson, Executive Director for Utilities, stated that the City presently sold wholesale water to Corinth and Lake cities Municipal Utility Authority. On June 1, 1994 those two entities would begin purchasing their water from the Upper Trinity Regional Water District. In July of 1992 the City entered into an agreement with the UTRWD to provide them with an interim wholesale water contract to provide water for the UTRWD so that they could take over the responsibilities of providing water to those two entities. Within that contract of July 1992 there was a provision on how those rates would be developed. This ordinance enacted the actual cost which would be approximately $1.22 per thousand gallons which would take effect June 1, 1994. Council Member Cott asked if this was just a unit shift. Nelson replied yes. The City had revenues of approximately $700,000 with the present contract and that would continue as it moved to the UTRWD. Council Member Cott asked if this was just a unit shift regarding the amount of water. Nelson stated that the City would be selling a great deal more water than before because the UTRWD would be providing more water to other entities. Joe Dodd stated that he was not particularly for or against this item but would like the Council to consider something else that was going to be coming up and was part of the City's overall utility package. The people owned the utilities in Denton and paid for the utilities in Denton. The City managed that service for them. Last year the City managed it so well that there were overcharges in the range of $4 million. Denton was a poor city in many places and the overcharges hurt. While considering utilities, he asked the Council to consider what $3 million put back into the Denton economy would do for this city. He asked that the Council let the people decide how the money was spent and consider this as Council considered the rest of the utility package. 216 City of Denton City Council Minutes May 17, 1994 Page 18 The following ordinance was considered: NO. 94-090 AN ORDINANCE AMENDING ORDINANCE 93-161, ESTABLISHING THE SCHEDULE OF RATES FOR WATER SERVICE BY THE REVISION OF THE RATES FOR THE SALE OF WATER FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENTS PRIOR TO JUNE 1, 1986; BY REPEALING SCHEDULE WW2 FOR WATER SALES FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENTS AFTER JUNE 1, 1986; BY DELETING SCHEDULE W-W2; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIV~ DATE. Perry 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 vacating a certain public easement recorded in Cabinet C, Page 381 of the plat records of Denton County, Texas. (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning and Development, stated that this was a vacation of an easement for a pool permit. The pool permit would encroach on the easement and the owner asked for abandonment of only that portion of the easement. There would be no utilities in the easement because the utilities were located in the front of the property. The value of the easement had been deposited with the City. The following ordinance was considered: NO. 94-091 AN ORDINANCE VACATING A CERTAIN PUBLIC EASEMENT RECORDED IN CABINET C, PAGE 381 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Brock 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. D. The Council considered adoption of an ordinance prohibiting the parking of vehicles on the east side of Bernard Street from its intersection with Sycamore Street to its 217 city of Denton city Council Minutes May 17, 1994 Page 19 intersection with Highland Street when signs were posted. Traffic Safety Commission recommended approval.) (The Jerry Clark, Director for Engineering/Transportation, stated that Bernard Street was located to the east of the University of North Texas. The Oaks Apartments were located between Sycamore and Highland in that area. This was a citizen request for assistance due to safety reasons. Due to the lack of parking in the area the street was very congested with parked cars and it was difficult getting out of the driveway safely. All intersections had to be painted yellow to keep parking away from corners. This request would only be for the east side of the street and was originally for eight hours only. Traffic Safety recommended no parking for 24 hours. Council Member Cott asked if the City had checked with Mr. Irwin who was developing land in the area. Clark replied that that property was closer to IOOF and not on Bernard Street. Council Member Smith stated that there was adequate parking at the Oaks Apartments. Clark replied yes that there was adequate parking. Council Member smith asked if there were mainly houses on the west side of street and would they have a place to park. Clark replied yes. The following ordinance was considered: NO. 94-092 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE EAST SIDE OF BERNARD STREET FROM ITS INTERSECTION WITH SYCAMORE STREET TO ITS INTERSECTION WITH HIGHLAND STREET WHEN SIGNS ARE POSTED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 218 City of Denton City Council Minutes May 17, 1994 Page 20 E. The Council considered adoption of an ordinance designating and establishing a school safety speed zone on portions of Congress Street, Denton Street and Mounts Street near the Calhoun Middle School; and reducing the maximum prima facie speed limit for such portions of said street from thirty miles per hour to twenty miles per hour during certain hours. (The Traffic Safety Commission recommended approval.) Jerry Clark, Director of Engineering/Transportation, stated that Calhoun Middle School was located south of Congress between Mounts and Denton. Although the streets around the school were currently posted "no parking", there were numerous violations in order to load and unload students. The bus loading had been moved from Mounts Street to Denton Street. It was assumed that the no parking in the area was started by policy in the early 1960'$ or 1970's as there was no ordinance to validate the no parking in the area. The lack of an ordinance was discovered when the DISD asked that the time for the school zone be changed. The majority of activity at Calhoun was on Congress Street. The ordinance would establish a zone which would protect the crosswalk and protect the proposed loading zones plus give adequate warning. The following ordinance was considered: NO. 94-093 AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON PORTIONS OF CONGRESS STREET, DENTON STREET AND MOUNTS STREET NEAR THE CALHOUN MIDDLE SCHOOL; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREETS FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Chew seconded. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance establishing no parking and loading zones on portions of Congress Street, Alice Street, Denton Street, and Mounts Street near Calhoun Middle School. (The Traffic Safety Commission recommended approval.) 219 City of Denton City Council Minutes May 17, 1994 Page 21 Jerry Clark, Director of Engineering/Transportation, stated that this ordinance would establish a loading zone and no parking zones at the Calhoun Middle School. Mayor Pro Tem Brock asked if the residents on Mounts Street had been involved in the discussions. Clark replied'that there were no residents in the area except for the apartment complex and it fronted on Anderson Street with access on that street. Staff did meet with Dennis cox to make sure that the driveway for the apartment would not be negatively affected. He was assured that that area would be protected from parked vehicles. The following Ordinance was considered: NO. 94-094 AN ORDINANCE ESTABLISHING NO PARKING AND LOADING ZONES ON PORTIONS OF CONGRESS STREET, ALICE STREET, DENTON STREET, AND MOUNTS STREET NEAR CALHOUN MIDDLE SCHOOL; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Brock 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. G. The Council~' considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Robin G. and Patty S. Wilson to purchase property. Bob Nelson, Executive Director for Utilities, stated that the next three items represented the final pieces of property needed for the expansion of the new landfill. Council Member Cott asked what would be the cost to guarantee EPA compliance. Nelson stated that Council Member Cott was referring to the environmental assessment of the property. As the City purchased these pieces of property, provisions were included in the agreement that the current owner would be responsible until the time of transfer of title of the property. The City would be responsible 220 City of Denton City Council Minutes May 17, 1994 Page 22 for anything put on the property after the city purchased the property. Council Member Chew left the meeting. The following ordinance was considered: NO. 94-095 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ROBIN G. AND PATTY S. WILSON TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Joe A. and Ella M. Mays to purchase property. The following ordinance was considered: NO. 94-096 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND JOE A. AND ELLA M. MAYS TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Cott motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the city of Denton and Melvin and Dorothy Hartline to purchase property. The following ordinance was considered: NO. 94-097 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND MELVIN AND DOROTHY HARTLINE TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 221 City of Denton City Council Minutes May 17, 1994 Page 23 Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "aye" and Mayor Castleberry "aye" Motion carried unanimously. J. The Council considered adoption of an ordinance amending the schedule of electric rates adopted with the enactment of Ordinance No. 93-160; providing for a premium-efficient motor rebate; amending the general service time of use schedule; amending the thermal storage incentive schedule; repealing the voluntary load reduction schedule; and authorizing the expenditure of funds for the rebate program. Jim Harder, Director of Electric Utilities, stated that the proposed ordinance was a modification of the existing demand side program. The original program had been very effective over the~ last several years. The program was in constant need to be reviewed so that the program fit with the changes of the City in order to be competitive with the area. The ordinance added one new program, a motor loading program, and would delete the voluntary load reduction program. Demand side management reduced the peak and reduced the need in the future to add capacity. Council Member Chew returned to the meeting. In the past, the demand side management concentrated on trying to reduce the peak to avoid adding additional capacity in the future. The other incentive was that since Denton was a partner in TMPA the city was paying demand charges from the energy received from the Gibbons Creek Power Plant. In the past, the City was almost in competition with the other cities to reduce demand. Last year, the rate configuration had changed. The demand side management program was no longer cost effective due to the change in TMPA pricing. The ordinance in61uded a base appliance rebate program for high efficiency heat pumps or air conditioners. Summer Sense was an ongoing program which had been marginally effective as it had a high cost and changes were being considered in that program. All programs with the exception of Summer Sense were rebate programs where a rebate was given for a type of appliance or motor which was purchased in exchange for a less efficient item. Council Member Cott asked about more efficient TMPA production. Harder replied that Council Member Cott was indicating improving efficiency at TMPA. The City's demand side management program was independent of the TMPA operation. The cities had installed the rate structure to encourage member cities to participate in demand side management programs. If they did not, they were penalized in 222 City of Dento~ City Council Minutes May 17, 1994 Page 24 the rate. Since TMPA sold all of its energy to the four member cities, there was no incentive for demand side efficiency. The following ordinance was considered: NO. 94-098 AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES ADOPTED WITH THE ENACTMENT OF ORDINANCE NO. 93-160; PROVIDING FOR A PREMIUM-EFFICIENT MOTOR RATE; AMENDING THE GENERAL SERVICE TIME OF USE SCHEDULE; AMENDING THE THERMAL STORAGE INCENTIVE SCHEDULE; REPEALING THE VOLUNTARY LOAD REDUCTION SCHEDULE; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE REBATE PROGRAM; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Brock 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. 8. Resolutions A. The Council considered approval of a resolution providing for the regulation of basic service tier rates and related equipment, installation and service charges of any cable television system operating in the City of Denton, Texas; and authorizing the City Manager to execute and file documents on behalf of the City of Denton to enable it to regulate basic service rates and charges. Richard Foster, Public Information Officer, stated that the 1992 Cable TV Act provided for franchising authorities such as the city to become certified to regulate rates for basic cable TV services. In January of t~is year, the city applied for certification to the FCC to regulate those rates. The certification was effective 30 days after the application and this was the next step in the process. The City had to pass a resolution indicating when the City exercised its regulatory authority, it would follow the rules and regulations of the FCC. Council Member Cott asked why the City would want to do this. Foster replied that the resolution only applied to the regulation of rates for basic cable services and equipment rental charges. If the city did not do the regulation, no one would and there would be no regulatory authority presiding over these issues and the cable subscribers would have no one to oversee the rates charged. City of Denton City Council Minutes May 17, 1994 Page 25 223 The following resolution was considered: NO. R94-019 A RESOLUTION OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE DOCUMENTS ON BEHALF OF THE CITY OF DENTON TO ENABLE IT TO REGULATE BASIC SERVICE RATES AND CHARGES; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith 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. 9. The Council considered nominations to the Traffic Safety Commission and the Board of Adjustment. Mayor Pro Tem Brock stated that she would like to postpone a nomination on the Traffic Safety Commission until after the Boards/Commission orientation on May 31st as there might be citizens interested in that position. Council Member Miller stated that he had talked with the alternate on the Board of Adjustment and she agreed to become a full member. He would return later in the meeting with the name. 10. Receive a Vision update. Mayor Pro Tem Brock stated that the City Manager, as Project Manager of the Vision project, had met with the co-chairs of all groups. There had been a concern that too many of the groups were focusing on current goals or needs instead of long term goals. There was a need to not look at immediate actions but actions for the future. The Transportation Committee had A1 Murdock from SPAN speak to them and would be having Paul Geisel from UT-Arlington at an upcoming meeting. The Cultural City Committee would be having Herbert Holl speak to them in the future and the Education Committee would be having four different speakers regarding education in the City. The consultant for the project, Joe Lanford, would be in Denton on June 6-7 to meet with the impact groups. All Council and interested citizens were invited to attend · any of these meetings. 224 City of Denton City Council Minutes May 17, 1994 Page 26 11. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. Assessed value for City of Denton - The City had received preliminary numbers from the Appraisal District with final numbers to be received in July/August. The preliminary numbers for the City were up slightly. It appeared that the figures for Denton County were up due to the growth in the southern part of the County. For budget purposes, staff would be projecting a growth of approximately 1% in assessed value. B. Cecile Carson had received word that Keep Denton Beautiful Inc. for Texas had announced the winners for two major awards - the Ebby Holiday/Maurice Acres Business Award and the Ruth Jackson Youth Award. Denton received top awards for both categories. Gene Gumfory/Sonic Drive-In was awarded the local business award and the youth award was awarded to the Ryan Campus Ecology Club which was named the number one program in secondary schools in Texas. As a community, Denton had filed application for the sustained excellence award. C. The mid-June annual planning session was coming up and he felt it would be helpful to have one or two council members assist in formulating the agenda for that meeting. Council Members Perry and Cott volunteered to assist with the agenda planning. D. Council had asked for an exclusive work session regarding the Zoning Task Force recommendations for the zoning rewrite. The next study session had several items on it and did Council want to include that item on the next work session. Mayor Pro Tem Brock indicated that she would not be present at the next session. Consensus of the Council was to hold the zoning item for a separate meeting night. Council returned to the nomination by Council Member Miller for the Board of Adjustment. Council Member Miller nominated Rebecca King for the Board of Adjustment. The Council returned to Work Session Item #4. ~ 225 city of Denton city Council Minutes May 17, 1994 Page 27 4. The Council held a continuation of discussion regarding the Community Development Advisory Committee and Human Services Committee recommendations. Harold Williams stated that he was concerned about the Legion Building proposal. He was in favor of the City remodeling the building and taking charge of it to make it into a senior center and police-center. This would be helpful to the community and felt that it would be a shame to not remodel the building. Barbara Ross, Community Development Administrator, stated that in the human services area there were CDBG funds and general fund dollars in that grouping. There was a need to be careful when allocating funding so as to not mix the two types of funding. Mayor Castleberry asked if the Council had any item from the original recommendation from the Committee that it wished to pull or discuss. Council Member Cott questioned Item 7 - ADA compliance. He recommended putting that project on a several year basis. City Manager Harrell stated that the city had been doing that over the past several years. Those projects recommended were the projects needed to keep the city in compliance for the next year. Council Member Cott asked for an idea of what projects would be necessary for the next several years. City Manager Harrell stated that the City had been in the program for several years and had several years left to complete. This was a continuation of a program done for the pa~t several years. Council Member Miller stated that last year the Denton ISD TRIPS program had received funding and that was not the case this year. Ross replied that the Committee had to make choices and some programs funded in the past were left out and TRIPS was not considered for core funding. Council Member Miller asked if that had been communicated to the DISD. Ross replied that it had been communicated to the DISD that the city would not be funding the program next year. Mayor Pro Tem Brock asked why the funding for the North Texas Community Clinics was not being taken from Block grant funds. 226 city of Denton City Council Minutes May 17, 1994 Page 28 Ross replied that there were several activities such as the Parks program and the funding for SPAN operations which were specific requests for CDBG funds. In order to fund those activities, the Committee switched some of the other programs to general funds. Council Member Cott asked why the funding for Friends of the Family was decreased. Ross replied that the memorandum of the Committee indicated that consideration for funding included funding that the agencies currently were receiving. Friends of the Family had a large budget and the Committee had some increases to programs plus new programs funded. The Committee supported the work of the Friends of the Family but had to make choices for new programs versus continued funding of others. Council Member Cott suggested that next year the Committee anticipate in the future a decrease in funding as opposed to a complete cut-off without warning, Ross replied that the Committee would be looking at an alternate method of allocating the funds. Council Member Miller asked why the North Texas Community Clinics was changed to general fund dollars. Ross replied because of the request for $41,500 for transportation and the request for the four parks programs were specifically from CDBG dollars. Council Member Miller asked if the $41,500 were taken out of the CDBG request, would the funding change. Ross replied that the Committee would have looked at the requests differently if that $41,500 had not been there. Council Member Miller asked about the splitting of funding of an agency between the two funds. Ross replied that it was more difficult to administer the funding of an agency if it were split between the two types of funds. Council Member Miller asked how difficult it would be to monitor the Owsley project. Ross replied that that would be one of the easier ones to split. Marion Hamilton stated that there were flaws in the process which 227 City of Denton city Council Minutes May 17, 1994 Page 29 were long standing. The ranking of the requests of the agencies was random and subjective. This ranking did not take into account the unmet needs of the community. Health needs were ranked last. In Denton there was a number of low income individuals who could not understand that. There was an indication that TWU Cares had money and did not need any more. TWU had received grants for education and personnel but not for supplies. In order to keep the clinic going and provide dental care to citizens, they were asking for $30,000. She urged the committee to reevaluate the process and the way in which dollars were allocated and the way needs were ranked. Martha Guerra stated that she was a resident of the Phoenix Apartments and at one time did not have insurance. She personally knew many individuals who found TWU Cares a great help for dental, vision and screening for women. The City would not be wasting money if it were given to TWU Cares. The individuals who used the clinic were not looking for a handout but needed help on a temporary basis. This was a program which was in great need for the community. Eugenia Gramojo, speaking through an interpreter, stated that there were individuals in the Phoenix Apartments who were low income individuals and most were hispanic. They were hard working people with low wages and sometimes could not afford insurance for their families. She expressed thanks to the TWU clinic as a facility to help with health care. She had benefited from the Clinic and had received treatment and medicine at low cost. She felt that it was a great benefit to Denton citizens. Sara Carey felt that this issue was very important to Denton either as a user of the services or a supporter of the services. As the budget for TWU Cares grew, so did the uncompensated care burden. There were always expenses which were not covered. TWU Cares needed City funding to meet their shortfall. This would be a good investment of the city's tax dollars. Mayor Castleberry indicated that the following speaker cards had been received from individuals who did not wish to speak but who wanted their opinions known: Judy Spauling indicated a support for the DISD TRIPS program and the fact that they would not be able to meet their minimal demands if not funded. Karen Connor indicated that she was opposed to funding cuts to Denton County Friends of the Family. 228 city of Denton City Council Minutes May 17, 1994 Page 30 Ann Reban indicated that Adult Day Care of North Texas was not recommended for funding and felt that this was an important program missing from a full range of services needed in the community. Alta Mae Reber indicated that funding for the Adult Day Care Center was not approved and that it was a need in Denton for elderly citizens. Sharon Coutryer indicated that the Committee failed to recommend funding for the Adult Day Care program which would provide needed services for the elderly. Sylvia Michryo indicated that funding was not provided for the Adult Day Care of North Texas and that this was a needed service in Denton. Libby Day indicated that the Committee had failed to support the Adult Day Care Services and that was a needed service. Geri Sams indicated that Adult Day Care was a needed service in Denton for the elderly. Curtis Ramsey, Chair - Community Development Advisory Committee, stated that there had been concerns regarding the large number of proposals from Engineering in regards to public works facilities. He detailed a graph indicating the use of dollars over the past several years. The current proposal for public works and facilities represented 15% of the total allocation. The engineering requests represented 128% of the total budget and the Committee responded to 15% of that request. The Committee attempted to correlate the Council questionnaire and the Committee rankings. They were unable to do that as Council had responded in terms of principle and the Committee responded to specific proposals. He felt that the Committee had reflected the priorities of the Council. Council Member Cott stated that some agencies needed to keep the same amount of funds. City Manager Harrell stated that approximately the same amount of dollars had been spent on public works projects for the past three years. There was a frustration that when Council indicated to staff that their first general need was to improve streets and drainage, that the amount of money to put towards those project could not be inGr~a~ aa ~h~ amount of money increased in the block grant funds. There were many requests for street and drainage projects in low and moderate income areas. Staff's prospective was that this was the year to direct more dollars towards that area. 229 City of Denton City Council Minutes May 17, 1994 Page 31 ~: Council Member Miller felt that the block grant funds and general funds could not be completely separate. One of the requests for funding which impacted the allocation was the request for $41,500 for SPAN transportation. For the balance of the agencies there was not more money, there was less money. He proposed to remove from the human services funding source the SPAN allocation of $41,500 and reallocate those funds. He suggested Council follow the city Manager's Option I in his memo dated 5/13/94 which would increase funding out of the general fund for SPAN by $25,799. There would also be $25,000 of in-kind services. Once there was a transportation system, the City needed to make a commitment to continue funding. He was concerned that the current proposal leveraged federal funds with federal funds. He recommended allocating the $41,500 by increasing the funding to the North Texas Community Clinics to the level of last year which would add $5,000; increasing the funding to Friends of the Family to the level of last year which would add $13,000; adding funding for TWU Cares in the amount of $20,000; and increasing the parks program by $3,500 to be allocated on an as needed basis for programs. In order to do this proposal, the funding for the North Texas Community Clinics would have to be switched from general funding to Block grant funding and $17,000 from the United Way Owsley services would be put in the general fund, $16,000 would remain in Community Development Block Grant funding and $3,500 would be added for parks in CDBG. Council Member Chew felt this was a well thought out recommendation. Council Member Cott asked if this would be an increase in the general fund and an increase in the block grant funding. Council Member Miller replied that there would be an increase in the general fund of $25,000 for SPAN transportation. City Manager Harrell stated that Council Member Miller's proposal took a current funding level from property tax ($56,000) to give to SPAN, and if not cut SPAN services, it would add $25,000 more to the property tax SPAN allocation. Council Member Miller felt that federal dollars should not be matched with federal dollars for these programs. The city needed to make a decision that it would be willing to pay an incremental tax increase for those services. Council Member Perry stated that TWU Cares had $6,000 left from the 1991-92 budget session. He did not understand why money was left in that account which was not expended for direct delivery of 23O City of Denton City Council Minutes May 17, 1994 Page 32 services. Ross replied that many of the agencies had balances from one year to the next although no other agency had a balance from the 1991-92 budget year except for TWU Cares. Most of the agencies had a balance which carried over from one year to another due to administrative difficulties and the possibility of needing to amend budgets. TWU Cares was not the only agency with a balance but was the only one with a budget from 1991-92. The funds had been spent on a regular basis during that time period for supplies and equipment. Marion Hamilton stated that the agency was trying not to spend all of the money as it was sure that it would not receive any funding this year. There was also a long time period to receive reimbursement through the system as the administrative procedures slowed down the process for reimbursement. Council Member Perry asked if the agency was held up by administrative procedures of the City or procedures of other agencies. Hamilton replied that it was the city department which administered those funds. This complaint was not specific to her as it had been heard from other agencies as well. The Denton Housing Authority kept good records and any allegations which indicated that they did not keep good records were grossly incorrect. City Manager Harrell stated that the Block Grant staff had been commended by HUD officials in the way that they conducted their business. A point to consider was that if HUD felt that an expenditure by an agency was illegal, the city had to repay the funds. That was why staff suggested keeping the n,~m~er of agencies to a manageable level. The monitoring was necessary for city reliability. If it were the general consensus of the Council to act on Council Member Miller's recommendation, staff could put it into resolution form as a starting point for Council consideration. Mayor Castleberry asked that staff provide Council with the recommendation from Council Member Miller so that Council would have the figures as recommended. Council Member Cott felt that the Council should have both recommendations from Council Member Miller and from the Committee. Mayor Pro Tem Brock suggested having both recommendations in resolution form. 231 City of Denton City council Minutes May 17, 1994 Page 33 Consensus of the Council was to have two resolutions, one from the Committee and one from Council Member Miller. 12. The Council considered a motion approving a strategic plan for self sufficiency and authorizing the Mayor to submit the plan with an application for designation as an Enterprise Community through the State of Texas to the Department of Housing and Urban DeveloPment. Frank Robbins, Executive Director for Planning and Development, stated that staff was asking Council permission to amend the application. The staff could amend the list of actions and commitments as they developed which would enhance the plan and the application. Council could approve the plan and authorize staff to work with the Mayor to continue to amend the plan in order to get as many commitments as possible. Brock motioned, Miller seconded to select the second option which would allow the Mayor and staff to continue to work on the application in whatever way that would enhance it for the strongest possible application. On roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 13. The following official action was taken on Executive Session items discussed during the Work Session Executive Session: Miller motioned, Perry seconded to approve the mediation settlement for Ervin and Gibson and authorize the City Manager to execute such. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "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 Miller suggested placing the Court of Record on a study session to bring all items together for consideration. 15. There was no Executive Session held during the regular session. With no further business, the meeting was adjourned at ~0:33 p.m. 232 City of Denton City Council Minutes May 17, 1994 Page 34 c~iNN'IF~ WALTERS TY S~ECRETARY TY OF DENTON, TEXAS CITY OF DENTON, TEXAS/ / ACC001D4