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Minutes June 17, 1994
3 0'8 CITY OF DENTON CITY COUNCIL MINUTES June 17, 1994 The Council convened into the Annual Planning Session on Friday, June 17, 1994 at the Marriott Solana, Westlake, Texas. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Miller, Perry and Smith. ABSENT: None FY 1994-1995 BudHet Overview Lloyd Harrell, city Manager, presented the budget calendar for Council review. Major budget issues would be presented on July 5th~ instead of June 2$th as previously listed. Harrell stated that the budget this year should not be a difficult budget. He stated that the general fund balance generally was maintained at an 8-10% balance. During the last few years that figure had been at 10% and anything above that 10% had been used to help balance the current year budget. This year had been a good year and it was projected that there would be a fund balance of approximately 15% which would provide a good amount of funds to help balance the budget. Staff was suggesting that one of two alternatives be considered for the fund balance. In the past, the additional fund balance had been used to help fund operational expenses. One suggestion was to not use all of the funds for operatf~.but to look at the requests of some departments to use the funds for one time expenditures. Approximately 55% of the fund balance would be used to fund these one time expenditure items and 45% percent would be used for operations. The proposed budget would use the $710,606 for deferred repairs and maintenance, capital improvements (new roofs for four City facilities of which three would be paid out of the general fund for $177,300 and the fourth would use the reserve fund of the hotel/motel funds for the civic Center), and new or replacement vehicles and equipment. Council Member Cott felt it was needed to discuss what was promised with the half-cent sales tax. Harrell discussed the sales tax/property tax proposal. It had been indicated to the voters that property taxes would be reduced by at least 20%. Preliminary figures indicated that it would be possible to lower the taxes by 22.35% which would reduce the tax rate to $.5807. The effective tax rate would be $.5818 which was the amount needed to bring in the same dollar amount as last year. This was dependent on the assessed value as determined by the Denton Central Appraisal District. Staff was suggesting that the actual tax rate be set $.11/$100 evaluation lower than the effective rate. Council Member Chew stated that there appeared to be more protests this year. He asked what percentage was added in last year. 309 city of Denton city Council Minutes June 17, 1994 Page 2 DuBose replied that 2% was figured in for this year. Harrell indicated even though this would be a good budget, there was a substantial amount of operational costs which had to be incorporated into the budget due to new facilities. The three major facilities were the Denton Municipal Complex with the associated jail facilities, the Denton Public Library-South and South Lakes Park. The proposed pay plan had an average increase of 4.6% with a pay for performance increase from 0-5% and civil service compensation at 4.6%. Mayor Castleberry asked if the full Mercer program would be implemented with this budget. Harrell replied that it would not quite be at a full program but progress was being made to the full program. There were no benefit increases included in the proposed budget. CIP fundinq and approval of CIP schedule, and potential bond issues City Manager Harrell stated that in 1985 the voters approved a five year CIP program and in 1994, the City was still working on that program. That had been.done as there was a no tax increase pledge made to the voters regarding that bond sale. $21,637,000 was authorized in 1986, $16,380,000 had ~been issued to date and $5,257,000 remained authorized but unissued. In the street and transportation area there was approximately $3 million left and unissued. Most of that money represented funds which were discussed with the voters as being earmarked for various State Highway Department improvements. It was felt that those bonds would not be issued. In 1987-88 the State picked up some of the projects which the city thought it would have to do. There was a small amount of money left in the drainage category ~and all projects had been done as indicated to the voters. The category for athletic fields, neighborhood and senior citizen centers had dollars remaining. A decision had been made by Council to not build two new recreational centers but rather to purchase property in the south and northeast and do minimal park improvements. At a future date, recreational centers would be considered at those parks. All of the funds in that category would not be used and it was suggested that, they not be issued. The 1995-99 CIP plan was reViewed. Alternatives associated with the 1995-99 CIP included (1) hold a CIP election this fall or winter in order to fund the 1994-95 CIP; (2) cancel the unauthorized projects contained within the 1994-95 CIP and hold a CIP election in the future, or (3) complete the 1994-95 CIP by utilizing authorized but unissued street bonds. After approval 310 City of Denton city Council Minutes June 17, 1994 Page 3 from the '91 Committee, $134,750 would be used for the reconstruction of College and Second Streets between Locust and Bolivar Streets. The completion of the roofing projects would be used with funds from the General Fund balance and the Hotel Occupancy Reserve Fund. One item which would have to be delayed if no bond issue was done would be $300,000 to upgrade the existing park system. Staff felt that this would be a responsible delay. The $140,000 for the airport would not be from bond funds but rather from the General Fund. If the above delays were done, approximately $1 million worth of projects could still be done. There were some projects which really needed to be done such as the drainage projects. If Council approved a sale of a portion of the $3 million authorized but not issued street bonds, it was suggested that $700,750 be used for sidewalks on one side of the roads being redone by the State Highway Department such as Teasley Lane. Mayor Pro Tem Brock felt that there was a need to be careful regarding this first year of making the shift in the property tax. Council Member Smith felt that there was a need to use the initial bonds as already approved by the voters. Council Member Perry asked that if option (2) were done, what would that do to the debt service. Harrell replied that it would be at about the same level. Kathy DuBose, Acting Executive Director for Finance, stated that of the $3 million for streets, Council had approved last year to use $1,400,000 for Fort Worth Drive which was built into the CIP in the 1996-97 time frame. City Manager Harrell stated that this would be the last year which this could be done. Next year the Council would have to go to the Voters for more bond funds. If Council agreed to this option, staff would work with the '91 Committee and the Planning and Zoning Commission for priorities. Chew motioned, Smith seconded to approve Option Two. Option Two included no bond election this year, utilize authorized/unissued street bonds of $134,000 for the reconstruction of College and Second Streets between Locust and Bolivar Streets, complete $399,000 in roofing projects with funds from the General Fund balance and the Hotel Occupancy Reserve Fund (civic Center), delay ~i~ing park upgrades of $300,000 for another year, utilize $300,000 of accumulated bond interest earnings to fund the South Lakes Park development, and appropriate a General Fund balance for 311 City of Denton City Council Minutes June 17, 1994 Page 4 the $140,493 for the Airport 1,000' runway construction and lighting system grant if the federal grant was obtained. This option would delay the need for a CIP election for one year and relieve debt service to allow approximately $1,000,000 in other projects to be added to the 1994-95 CIP. Those additions could include $300,000 of authorized/unissued drainage projects and $750,000 for sidewalk construction along highway projects approved in the 1986 bond election (including Highways 380 and 77, Teasley Lane and Fort Worth Drive). The individual projects would be selected by the Pl~anning and zoning Commission, recommended by the '91 Committee and approved by Council. Council Member Perry asked where the sidewalks would be on Highway 380 and Highway 77. Svehla replied that the exact location was not known at this time but they would be on one side of the roadway and near existing development. 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. COPS Internal Review Mike Jez, Police chief, stated that the original COPS project started in southeast Denton in 1989 and went city-wide in 1990. It appeared that the program had reached a plateau regarding where the program was and what types of internal programs could be done in order to continue forward with the program. An assessment was done looking at successes and failures and internal blockages regarding the program. The assessment report looked at the future of the program and relooked at the mission of the program, making sure it was still consistent with the desires of the community. It also looked at the future vision of the department in the community. A comprehensive organizational assessment was performed which looked at a number of organizational areas. The assessment discovered several opportunities for internal changes in the definition of COPS roles, new initiatives in the area of community involvement, and organizational pride. Communication was an area which continually challenged the project with both internal and external communication. Managing resources was another area identified by the assessment. This area would deal with a change in the form of officer evaluation which would center more on the quality of life in the districts of officer involvement. Training was an important issue for the community oriented policing efforts. The end result of the planning initiative was the development of 32 areas which would be worked on in the future. 312 City of Denton City Council Minutes June 17, 1994 Page 5 Impact Fees Lloyd Harrell, city Manager, stated that several months ago, Council had discussed impact fees and a park dedication ordinance. At that time, Council authorized the Park Board to begin a dialog with developers regarding a park dedication ordinance. It was discussed that if Council desired to begin the process regarding impact fees, a consultant would be necessary to work through the process and develop the necessary formulas. That would be a budget item for Council consideration. Prior to doing that, Council wanted a report from Utilities regarding what effect impact fees would have on utility rates. Bob Nelson, Executive Director for Utilities, stated that the purpose of an impact fee was to equitably appropriate the cost of today's expanded service to tomorrow's customers. The current practice was to finance capacity expansions with bonds. Future customers participated in future debt service with deflated dollars. He detailed impact fee considerations which were listed in the agenda back-up materials as well as comparisons of area cities which had impact water and wastewater fees. city Manager Harrell stated that one area city had increased their impact fee and had anticipated a decrease in development but that did not materialize. Nelson continued with an impact fee comparison for the years 1995- 2004 as noted in the agenda back-up materials and the cash flow effect on future residential customers which would be approximately $9 per month. He felt that if the City was going to have impact fees, now would be a good time to do so. An outside consultant would be needed to work with staff. Utility Issues Howard Martin, Director of Environmental Operations, presented the landfill expansion issues and existing landfill issues as noted in the agenda back-up materials. He also detailed the Solid Waste Ma~ter Plan i~ue~ a~ listed in the agenda back-up materials. Council Member Miller asked if the Task Force was looking at the timing of the issues. Martin replied that those issues had been presented to the Committee for consideration. Bob Nelson, Executive Director of Utilities, presented issues dealing with the electric power supply study which were included in 313 City of Denton city Council Minutes June 17, 1994 Page 6 the agenda back-up materials. The Power Supply Study would identify the options for future power supplies for Denton with options identified by sensitivity and cost analysis. Council Member Chew asked if anything had been done with the State legislature regarding this issue. Nelson stated that the issue was in the hands of the State and anticipated bills in the next session of the legislature which would need to be addressed. He detailed a Power options Decision Tree which indicated options the city could go regarding remaining a TMPA member. This chart was included in the agenda back-up materials as were the TMPA issues. Council Member Miller expressed concern regarding the fact that TMPA was not considering its customer cities. He felt caught in the middle as Denton had to be very sensitive to its customers. Update on Buildinq Projects Betty McKean, Executive Director for Economic Development and Municipal Services, stated that there were many ongoing projects at this time. She reviewed the parking facilities at the Denton Municipal Complex and indicated that there was the possibility of negotiating for property for overflow parking at the site. One lot would be restricted from students until 6:00 p.m. so that it could be used for City business. Council Member Cott questioned where the ever increasing student population would be placed at the building. McKean replied that the existing space was maximized with evening and weekend classes Plus classes were being held in facilities in the City. More would be known after the move to the building by the police department. Mayor Castleberry asked if the south plaza entrance would have parking. McKean replied that the plan was to sign that area as no parking but parking would be allowed until an ordinance for no parking was approved by Council. Council Member Miller felt it might be best to do the parking in steps as once the students were used to parking in an area, there might be more problems when the parking was restricted. 314 city of Denton City Council Minutes June 17, 1994 Page 7 Bruce Hennington, Facilities Manager, presented a schedule of time lines for the move to the Denton Municipal Complex which was provided as a handout to Council and included in the agenda back-up materials. A tentative date of September 20th was selected for an Open House for the facility. He also reviewed the departments which would be located in City Hall West and the time line for construction/renovation of City Hall. This information was also included as a handout to Council and included in the agenda back-up materials. Consider'approval of South Lakes Park Plan DesiGn Rich Dlugas, Director of Park and Recreation, reviewed the background information regarding South Lakes Park. Carl Bieberstein, consultant for the project, reviewed the schematic design prepared for the overall park site including Phase I. They had reevaluated the basic elements of the design and concurred with the overall original design of land uses in the park. That design had an access off of Hobson, an active use area in the southern portion of the property, another active use area in the northern portion of the property, a native plant museum in the western portion of the park which would be left in its natural state. Their refinements included altering the entrance roadway by curving the road to maximize a view of one of the lakes and maintaining a natural stand of trees. The long linear parking areas were eliminated and replaced with curved parking areas. In one of the active use areas, there would be two picnic areas, a multi-use court, two tennis courts with room for expansion, restrooms, and a playground. The parking area in the active use area was larger than required so as to accommodate users of the Eureka! playground. Phase I would end past the entrance/exit to the parking areas. Construction of Lake II would be in Phase I as well as the walk systems and fishing platform while Lake I and Lake III would be developed later. Parking off Teasley Lane would be in Phase I and it was suggested that a smaller playground in the northern section of the park also be developed in Phase I. He presented various elements for the park including entry design, pavilion design, restrooms, lighting, paving, etc. Mayor Pro Tem Brock stated that the major part of the population was in Southridge and that it would be difficult for children from that area to get into the park and to the playground. She felt that there needed to be better access for those children and was concerned ~hat there was no major access £or those children off Teasley Lane. 315 City of Denton City Council Minutes June 17, 1994 Page 8 Bieberstein stated that there was a parking area off Longridge with immediate access to the trail system which would allow for access to that area. They had looked at the feasibility of routing access off Teasley but it was a flood plain area which would prohibit that type of development and would increase maintenance by having a road in the flood plain. It was felt that the best overall access to the park was off Hobson. Mayor Castleberry stated that the children in Southridge should not cross Teasley Lane and that it was safer to have the access off Teasley Lane on Hobson. Council Member Cott stated that there were several stop lights in the area which might be tied in with an entrance. He asked for a description of the safety features throughout the park. Bieberstein stated that that was a broad topic from security lighting to the width of the trails. All of the facilities would be barrier free and handicapped accessible. Security lighting would be built into the restrooms and pavilions. Phase I did not have funds for lighting the trails but would be included in later phases. Council Member Miller asked if there was a stand of trees in the location of the Leathers playground. Bieberstein replied that there were existing trees nearby but not right next to it. Council Member Miller asked if it would be possible to locate the playground in an existing stand of trees and strongly recommended that it be built in existing trees. Bieberstein replied that the playground would have to be moved to a different location closer to the road near a cedar elm stand of trees. By the time the area and trees were cleared up for the playground equipment and access, the stand would be destroyed. There was no good stand of trees in the area. Bob Leathers felt that it would be better to place new trees as part of the design of the playground. Council Member Miller felt that location had a big impact on the playground. If there were no trees anywhere in the area, people could understand building the playground where there were no trees. Perception was reality in this case. If trees were in reasonable proximity, people would question why the equipment was not placed in those trees. He recommended building the playground where there were current trees and consider altering the overall plan to place 316 City of Denton City council Minutes June 17, 1994 Page 9 the playground in the trees. Bieberstein stated that they could evaluate additional sites if desired. Mayor Castleberry stated that there were large trees in the City nursery. The playground could stay where it was but put some of those larger trees in and around the playground. Dlugas stated that there was money in the budget for landscaping and some of the City's trees from the nursery could be used. Council Member Cott encouraged added safety in the development. Mayor Castleberry stated that South Lakes Park was a city-wide park and did not belong to any one section of the city. Everyone throughout the City should be encouraged to use the park. ~Mayor Pro Tem Brock hoped that the park would be heavily used by people all over the City. As children from other parts of the city would have to be driven into the area, she was suggesting that there be a safe and real access for the children from Southridge who would probably not use the Hobson entrance but rather go across Teasley Lane. City Manager Harrell stated that the Parks and Recreation Board had looked at the design and recommended this design to Council. If Council was comfortable with the design, it was ready to go to bid. If Council wanted to look at other alternatives, staff needed those directions. Council Member Cott asked for the cost of project. Dlugas stated that Phase I would be approximately $1 million and $1.5 million with land acquisition and development. Council Member Cott asked for the cost of the other phases. Dlugas replied that Phase II would require additional bond funds of $1.3 million. Chew motioned, Perry seconded to approve the concept of Phase I and to encourage people to use the Hobson Lane entrance. Council Member Miller expressed a ~n~ern regarding not looking further at the location of the playground. He felt that it would not take a long time to look at another site. 317 city of Denton City Council Minutes June 17, 1994 Page 10 Council Member Cott agreed and expressed concern about more specific safety features. On roll vote, Brock "nay", Cott "nay", Miller "nay", Smith "aye", Chew "aye", Perry "aye", and Mayor .Castleberry "aye". Motion carried with a 4-3 vote. Library Computer Eva Poole, Library Director, gave a presentation of the automated system which would be used in the library and a time line for the project which was included in the agenda back-up materials. Police/Fire Computer Rick Svehla, Deputy City Manager, stated that the computer system for police/fire was still in the request for proposal mode due to several factors. One factor was the move of the police department to the Denton Municipal Complex. It was felt that it would be better to have the move completed before installing phases of the new computer system. The second factor was a joint dispatch study being done by Denco 9-1-1 which was investigating the possibility of saving money by diverting costs to a consolidated dispatch system. Results of the study was that there were some scenarios which might save money in the long term by diverting costs. The overall consensus of the group dealing with the study was that the County was still too rural to make such a system work. The RFP process would last several months. The computer would be installed in phases with the computer aided dispatch being the first phase, followed by the management information system. The mobile phase would be installed last with a variety of equipment from mobile data computers to notepads to ticket writers, etc. Technology was changing very rapidly for these types of equipment and it would be necessary to remain as up to date as possible. Fire Department Issues city Manager Harrell stated that no decision was needed today regarding Fire Station 1 as it would be a budget process decision. If other alternatives were selected there would be some major financial implications which would affect other programs and would have to be discussed in context of the budget. The discussion regarding Fire Station 1 began when the voters approved a bond issue in 1986 which provided the funding for Station 6. At the same time, the City had a pledge to the voters that the bond issue would be done with no tax increase. Shortly after selling the bonds in 1986, the economy went down with declining assessed values. During the budget discussion in 1991-92, there was a major 318 City of Denton City Council Minutes June 17, 1994 Page 11 budget issue regarding how to proceed. An alternative suggested was that if Fire Station 6 went on line in the traditional manner, 12 additional firefighters would have had to be hired for that station. That would have been a major cost to the City. The proposed budget for 1991-92 had funds proposed for 12 new firefighters as a major budget issue. During that budget time period, staff and Council focused on that issue with concern regarding the magnitude of dollars it would cost to bring that station on line. Current newspaper articles were unfairly focusing on the Fire Chief's role in the decision to close Station 1. He had challenged the Chief to try and find alternatives rather than add those 12 additional firefighters. There were many Council meetings focusing on response circles and response times in the City. After a series of budget sessions and open meetings, the Council developed the most cost effective method to move forward which was to close Station 1 and open Station 6 with an ambulance at Station 1 during the daytime. The decision was made in open session and was well covered in the newspaper. The debate regarding the pros and cons of that alternative was held in open session but the decision was made to avoid a tax increase. Now since Station 6 was open, residents were starting to have concerns. Council. Member Smith stated that the Council made the decision regarding Station 1, not Chief Cook. John Cook, Fire Chief, stated that soon after he had started working for the City, he recognized some deficiencies in the City. Through four years of dialog with the Chamber of Commerce, it was repeatedly indicated that a city the size of Denton should have 7 engine companies and 2 ladder companies. The City had 5 engine companies and one ladder truck. The City had 18 firefighters on duty every day and should have 27 on duty. The issue not addressed was the element of response time. The most critical element of response time was from the point from origin to the point of when the fire was detected'and reported. That was why sprinklers were so vital. The greatest success at a recent fire at the Benchmark was due to a sprinkler system which put the fire out. The fire indicated in a recent article was one which burned for hours before it was detected. If there had not been adequate detection and sprinkler systems, the outcome would have been the same. Mayor Castleberry asked if there were any questions regarding the computer model of the City response time. Cook stated that a oomputer model was used based on a static model of the fire station which meant that the fire station would always be occupied when an alarm went off. That model indicated areas in the city which were beyond nationally accepted standards of five 319 city of Denton City Council Minutes June 17, 1994 Page 12 minutes. The issue had been raised concerning three minute response time. city Manager Harrell~'stated that the Public Technology Institute was an agency created by the International city Management Association~ the National League of Cities and a county organization to do technology research for the public sector. Most cities use this computer model to determine placing of new fire stations. Cook stated that the study was done before he came to the City but that he had revisited'the study in July of 1991 before any decision regarding Station 6. Even if the City had the required number of firefighters, there still would not be enough firefighters on duty for a worse case scenario. The only way to control a major fire was through the use of sprinklers. He presented options for the Central Fire Station: (1) Abandon the building and move the offices to other facilities. The building could be used by someone else or be leveled as a parking lot. (2) Keep as is with offices in place. Convert the south side of the building for Fire offices and move other offices to the north side. (2a) Do nothing but only repair the roof. One reason to close Station 1 was the physical condition of the building. (3) Total use of the building by others and move the fire offices to another building. (4a) Reactivate Station i and hire the additional fire fighters. at a cost of $489,000 in salaries. Twelve additional firefighters would be distributed four to each three shifts which would only allow for 3 people on duty at a time for each station. (4b) Reactivate Station 1 and move a truck crew there or purchase a Quint with full repairs. This would take a Station 3 crew and move to Central. While response times would marginally improve, they would not be any better fire protection as there would be the same number of people. If Station 1 were not reactivated, some concern would have to be given to what would happen later on because at some point with the community expanding, there would be a need to build an additional station. If that were done on the east side of the Airport which was the most logical place to build a new station, there would be a tremendous amount of overlap in coverages. At that point it would make sense to consider building 32O City of Denton City Council Minutes June 17, 1994 Page 13 a station at Carroll and Eagle and move Station 3 to the Airport. Council Member Cott felt that the information given to the people in the downtown area was confusing and there was a need to get the information out in a logical concept. There were differing concepts on how many men to have on a truck and on response time. Cook stated that staff had met several times with the downtown business community at Central Fire Station. The Historical Commission was going to purchase a sprinkler system for the Courthouse with a grant. Staff had met privately with individuals on the Square and did an extensive publicity job regarding the issue. He would be glad to meet with anyone regarding the issue. Staff was exploring the possibilities of economic incentives for sprinkler systems. There were other areas in the City besides the Square which did not have sprinkler systems which needed them as much as the Square. Council Member Miller recommended that Council not make a decision regarding Station 1 at this meeting but place it on a future agenda for a complete discussion. There currently was a major issue of public perception on this item and a decision made at this meeting would not be a good perception. He suggested that the item be included on an agenda as soon as possible~ Council Member Chew stated that the decision was made and.any further discussion would be reconfirming the issue. After the initial decision was made no one addressed the issue until now. He felt there was a need to discuss the issue and give out the facts but not try to make a new decision. Mayor Castleberry felt that fire inspections should continue on the Square. Through the Main Street program and others, there should be a push to sprinkle the downtown area. Council Member smith asked if the City's insurance rate had gone up or the key rate gone up since the closing of Station 1. Cook replied no but that they were overdue for an inspection. The rates would probably increase due to recent annexations and increased population plus the fact that the city did not have the number of recommended companies and personnel. City Manager Harrell stated that staff needed a decision on some immediate expenditures which could be made to the opticom system on the travel routes from Station 3 to downtown. 321 City of Denton City Council Minutes June 17, 1994 Page 14 Council Member Smith felt that the City's position on the issue needed to be known and suggested an article in the newspaper or purchase space in the newspaper. Mayor Castleberry suggested a guest editorial on the issue. Mayor Pr© Tem Brock suggested getting an article in the newspaper which would deal with all the issues. If the article was not favorable, then do a guest editorial. Council Member Cott stated that the decision was made three years ago and it may need to be updated. Rick Svehla, Deputy City Manager, stated that nine new intersections would be fitted with the opticom system including Bernard and Eagle. The opticom system allowed the engines and ambulances to change the traffic signals to green lights. The nine controllers would cost approximately $70,000 and if approved by Council, could be out for specifications and bids soon. In a short period of time positive steps could be taken to reduce running time to the Square and other parts of the City. Perry motioned, Smith seconded to authorize staff to proceed with the opticom project. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. City Manager Harrell stated that the consensus of the Council was to have staff develop a news release to submit to the paper regarding the issue of Station 1 which would correct some of the information concerning the issue. A public discussion would be held soon regarding the issue before the budget discussions. Mayor Castleberry stated that he wanted to make sure that all council members wanted to do that. Council Member Perry stated that the decision was made and in relooking at the issue it must be very clear that the Council was not ready to change that decision. The Council would be looking at the issue and considering all of the possibilities but not making a new decision. Mayor Castleberry suggested that the issue be handled as part of a Council meeting for public information but not to reconsider the issue. Council Member Chew felt that was a good idea. 322 City of Denton City Council Minutes June 17, 1994 Page 15 Council Member Miller stated that there was a summary of options for Station 1 which went from no cost to a large cost. He felt that any agenda item could look at those options. That would be public discussion regarding that aspect of the issue. Council needed to select one of the options and that should be done in an open meeting with public input. A decision had been made but Council might want to reconsider that decision. He did not accept the premise that once a decision had been made, that it could never be changed. Council Member Chew stated that the previous Council knew what they were doing when the decision was made. If Council decided to reopen Station 1 all citizens of Denton would be impacted, not just the downtown merchants. A discussion should be done in an open meeting in which all could understand how that decision was made. If the discussion was opened up with the expectation of revisiting and reopening the issue, there would be problems. Council Member Perry felt that there were better solutions to the problem than reactivating Station 1. Council Member Cott stated that the merchants on the Square were concerned about fire protection. He felt that it was right to revisit the concept and question those impacted. Mayor Castleberry stated that the Council had already voted on the opticom which meant that Station 1 would remain as is. If Council decided to revisit the issue with the idea of reactivating Station 1, opticom would not be needed for that reason. Council Member Miller stated that the opticom system was independent of other decisions as there were other benefits for the opticom rather than getting downtown. Svehla stated that there would be a benefit to having Carroll opticomed as well as other intersections. This could be viewed as a separate issue. Council Member Smith suggested that Ms. McKean, Chief Cook and Ms. Biles look into alternate funding measures for sprinkling the buildings on the Square. She suggested that Council make a report to the public by one means or another indicating that staff was looking into other possibilities and would inform the public as soon as alternatives were developed. She felt that Council needed to know what oould be done before there was a public hearing. Mayor Castleberry asked if that should be a work session item. 323 City of DentOn City Council Minutes June 17, 1994 Page 16 Council Member Smith suggested that the staff should do their research and return with a report to Council before having a public hearing. Smith motioned, Chew seconded to have staff members look at optional ways in which the City might help with sprinkling the businesses on the Square. After that study was completed, a report would be made to Council and 'then Council would consider alternatives for Station 1. Council Member Perry asked if the motion would include proceeding with the opticom sYstem. Council Member Smith replied yes and that that would be a piece of the report. It would be a factual part of the report. Council Member Miller asked what that motion would do with the status of Station 1. Would the current operation continue until the report was completed. Council Member Smith stated that a deadline could be set for gathering the requested information. Mayor Castleberry stated that there would be no change in Station 1. Council Member Miller felt that it might take several months to gather that information. He questioned what would be the status of the rest of the issue relative to Station 1. Council Member Chew stated that his second indicated that Station 1 would stay the same until the data was collected which would be available at budget decision time. Council Member Cott felt that there was a need to make a press statement regarding the issue. Mayor Castleberry asked if the motion and second would include a press statement. Council Members Smith and Chew agreed to include a press statement in their motion and second. Council Member Smith felt that the statement should include a press statement with opticom and committee studying possible alternatives to help with safety around the Square. Cook felt that it would not take long to gather the information regarding whether or not incentives could be provided but the "how 324 city of Denton City Council Minutes June 17, 1994 Page 17 to" would take longer. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry stated that the County Judge had been discussing the sprinkling of the Courthouse for the past year and the Denton County Historical Commission had appropriated $1500 toward the cost of a proposal for the sprinkling. It was his opinion that the Courthouse would be sprinkled. Council Member Smith asked how many calls the Council had received regarding this issue since the recent newspaper articles. Council indicated three calls had been received. Cook stated that his other issue was mutual aid contracts which would formalize the current practice of calling area cities for help when needed. City Manager Harrell stated that there would be a few additional risks taken with these agreements but that they would be balanced with the help received if needed. It was better to have a written agreement for such services. Council Member Smith asked about the liabilities involved if someone were hurt during such a procedure. Cook stated that as long as the individual was on duty and had been ordered to participate, he would be covered as long as he did not act outside the scope and authority of his position. City Manager Harrell stated that a major concern was the possibility of having an accident in another jurisdiction without a written agreement. Road Projects Rick Svehla, Deputy City Manager, presented an update on Ryan Road, Jim Christal Road, Teasley Lane, and Highway 2499 as noted in the agenda back-up materials. Potential Annexations Frank Robbins, Executive Director for Planning and Development, presented potential areas for annexation. Area 1 included an area north of McKinney and west of the Trinity in which residents were 325 city of Denton city Council Minutes June 17, 1994 Page 18 located and had potential negative fiscal impacts. Details regarding this annexation were listed in the agenda back-up materials. Council Member Cott asked why the city would want to annex Area 1. Robbins replied that one purpose for annexation was fiscal impact and that there was the potential of a $50,000 increase in revenue from all of these proposed annexations. City Manager Harrell stated' that there were two compelling arguments for this type of annexation. One was that if the area was already surrounded by the City, it was perceived that that area was in the City limits. The second argument was from an economic service standpoint. It did not make sense to drive by areas with a police car or maintenance of areas of streets which were not in the City limits. Robbins'stated that Area 2 was the southeast corner of Mayhill and McKinney and Area 3 was east of Mayhill in the vicinity of the City landfill. Area 4 was located east of 1-35 and north of US 377. Area 5 was north of Jim Christal Road in the vicinity of Egan Road. City Manager Harrell stated that staff would like some direction from Council on the possibility of annexing some of these areas. The best two candidates were Areas 5 and 6 as those were areas already surrounded by the City and the City might already be providing city services. Council Member Cott stated that he would like a trip around the possible annexations. After Council discussion, Chew motioned, Perry seconded to proceed with the annexation process for Areas 5 and 6. Council Member Cott offered an amendment to the motion that in Area 6, the water was properly taken care of while the developer was still there so as to not stop the repaving of Ryan Road. Svehla explained the drainage concerns in the area and indicated that the problem had been corrected. On vote on the motion without the amendment, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Cast~eberry "aye". Motion carried unanimously. Mayor Castleberry asked about annexation of the other areas. 326 City of Denton City Council Minutes June 17, 1994 Page 19 Robbins stated that the Council might want to continue with the existing policy whiCh was to consider those areas for annexation when development occurred. Consensus of Council was to not consider the other areas at this time. Robbins presented information concerning a possible Lake Ray Roberts annexation. Option one would propose to annex approximately 1.42 miles of Lake Ray Roberts comprising two strips 1,000 feet wideand extending 3.5 miles into the lake from the Elm Fork of the Trinity River and FM 455. This would extend the city limits out the maximum distance in the Lake and would have no fiscal impact other than a perceived impact. City Manager Harrell stated that if this annexation occurred, the second phase would continue further up into the lake which would take over most of the County. A decision had to be made whether or not in 20-30 years it would be important to have all of the property surrounding the lake within Denton's City limits. There were pros and cons regarding embarking on that strategic decision. Council Member Miller asked what was the window of opportunity for this annexation. Robbins replied that other cities could begin finger annexations. Mayor Castleberry stated that it was important for Denton to have control of Lake Ray Roberts as it had the largest investment in it of all of the cities and needed to control what happened on the shore line. One area of concern was pollution of the Lake. City Manager Harrell stated that if the first phase were done, most of the shore line would be included. Other cities in the area would not like what Denton was trying to do as they felt those areas should be in their cities. Council Member Perry stated that protection of the watershed into the Lake was another reason for the City to extend control in the area. This could control the quality of water in the area and he felt that it was a good strategic move to do Option One. Council Member Miller felt that there was a need to know the cost implication of the annexation and what services would the City be expected to provide. There was the possibility that it could be quite expensive and the City might not be prepared to handle that expense. 327 City of Denton City Council Minutes June 17, 1994 Page 20 City Manager Harrell stated that only a small portion would be in Denton's city limits with the rest only under ETJ control. Services would not have to be provided in the ETJ areas. Robbins stated if the City's limits were moved and the ETJ extended, there might be the feeling, that in the future that area would be included in the city limits of Denton. This annexation might also provide some leverage with Sanger regarding ETJ on IH35. Council Member Cott suggested hiring a consultant to look at this issue. He felt that the problem was to do the second annexation quickly and procedure on how to do it. Robbins stated that there were other alternatives but that they would be costly and would not give much for the annexation. Mayor Pro Tem Brock aSked that if the annexation item were placed on an agenda, how fast could other entities move on similar procedures. Council Member Miiler felt that a technicality was being used for annexation rather than really annexing land. It was different than annexing property and providing services. Mayor Pro Tem Brock stated.that the difference between Denton and other area cities was that Denton had an enormous investment in dollars in the Lake. Mayor Castleberry suggested having the item on an upcoming agenda. Council Member Perry suggested placing the item on the next Council agenda for discussion and staff direction. City Manager Harrell stated that another option was to place the item on the Council's mid-year retreat. Perry motioned, Chew seconded to place the item on the next Council agenda for discussion and tg~give staff direction. Council Member Cott suggested starting the process at this meeting. He asked how fast could the City move on Phase II after starting Phase I. Robbins replied that it took approximately 120 days to annex and the next phase could be started the day after the first annexation was completed. 328 City of Denton City Council Minutes June 17, 1994 Page 21 Council Member Cott asked if the two annexations could be done at the same time. Robbins replied no that State law prohibited two annexations at the same time. Perry withdrew his motion and Chew withdrew his second. Perry motioned, Chew seconded to give staff direction to proceed with Phase I. Council Member Miller stated that he was against the motion as the reasons were not valid. He felt the City was using a loop hole in the law to gain access. On roll vote, Brock "aye", Cott, "aye", .Miller "nay", Smith "nay", Chew ."aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. City Council Rules of Procedure Debra Drayovitch, City Attorney, reviewed the Council's Rules of Procedures and indicated that there were six issues for the Council to discuss at the next day's meeting. She felt that the Council's rules took on more importance since all the sessions were now televised. Issue 1 was a suggestion from the Legal Department that the Council add a provision that when a council member had a conflict of interest, that individual would leave the room. The current wording was that a member "shall excuse himself from any participation or discussion and deliberation of the matter" but did not say to leave the room. This was of concern as some of the boards and commissions did not follow that practice. Council rules provided that boards and commissions would follow the same rules as the Council. Issue 2 provided that agendas for council subcommittee meetings would be posted. This practice had been followed for the past year and it would be beneficial to have it incorporated into the Council's rules. Issue 3 dealt with how to place an item on an agenda which could include discussion of a matter, a report on a problem, presentation of an ordinance or resolution, etc. The present rules and the City Charter provided that the City Manager was the one who decided what went on an agenda. Section 6.3 of the Council rules addressed the issue but did not specifically indicate that an item requested by a council member would be automatically placed on an agenda. Staff was recommending that there needed to be written procedure~ for this procedure. Issue 4 dealt wi~h citizen presentations at work sessions and felt that it would be best to deal with the issue before the situation arose at a work session. The present rule was 6.4B and provided that a member of 329 City of Denton City Council Minutes June 17, 1994 Page 22 the public may address the Council at any regular or special meeting. It had been held that work sessions were special meetings and as those meetings were now televised, it would be best to have that rule clarified. Issue 5 dealt with reconsideration. Roberts Rules of Order dealt with reconsideration at the same session. Staff and members of the Council agreed that one council meeting was a legislative session. Council had amended Roberts Rules on reconsideration and provided for the next succeeding meeting by motion of someone voting with the majority and no question could be twice considered except by unanimous consent of the Council. It was being interpreted that if an item was to be reconsidered, unless a request was made that the item be placed on the next subsequent agenda, a vote of 4 council members were necessary to suspend the rules. Some cities had a time limit, some had a provision for reconsideration of a tie vote and these were all options to consider. Associated with this issue was current wording which indicated that a motion to reconsider must be made by someone who voted with the majority. Staff was recommending that the wording be changed to "the prevailing side". Issue 6 dealt With the appointment procedure for boards and commissions. With no ~urther business, the meeting was adjourned at 6:00 p.m. c~iNNiF~ WALTERS TY S~RETARY TY OF DENTON, TEXAS BOB CASTLEBERRY, MAYOR / CITY OF DENTON, TEXAS'/ / ACC001E8