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Minutes September 26, 1995432 CITY OF DENTON CITY COUNCIL MINUTES September 26, 1995 The Council convened into a Closed Meeting on Tuesday, September 26, 1995 at 5:00 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: 1. None The Council considered the following in a Closed Meeting: ae Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Discussed contemplated litigation concerning the denial to rezone 3.753 acres from SF-7 to 0 zoning on the south side of I35-E and Lindsey Street. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Work Session on Tuesday, September 26, 1995 at 5:30 p.m. in the City Council Chambers. The Council considered Agenda Item ~4 from the Special Call Session. 4. The Council received a resolution of appreciation from the Blue Ribbon Sales Tax Advisory Committee. Tom Harpool, chair, stated that the Committee would like to present a resolution to the city Council in appreciation for the Council's actions to reduce the property tax again this year as per the sales tax process. The resolution was unanimously approved by the Committee on September 8th. The Council returned to the regular agenda order. 1. The Council received a report and held a discussion regarding the establishment of a Racial Diversity Task Force. city Manager Harrell stated that this was an item which came out of the Council's planning session and was a Council priority to establish this task force. This Council was an ambitious Council and wanted to get things done and accomplished. One problem which staff was beginning to experience, however, was that staff liaisons had to staff all of these committees and tasks. That support on special projects was in addition to their daily tasks. Currently the CIP election was underway; staff was working on the drainage utility item which had been revised and included more staff responsibility for the tasks; the vision Project was nearing a major activity; an Economic Development Corporation had just been appointed with staff being asked to assist that group to gather information; and the Planning and Zoning Commission would be city of Denton City Council Minutes September 26, 1995 Page 2 update of the Denton Development Plan. Staff was nearing the stage where some projects needed to be completed before more projects were added and he asked for Council support in this area. Tom Klinck, Director of Human Resources, stated that per Council direction at the August 31, 1995 Council meeting, staff prepared information on the background, purpose, scope and committee membership for such a task force. The purposes would be to examine the awarding of contracts to outside vendors for services, to study city personnel policies and practices in recruitment hiring and promotion activities, pay practices and pay raises and State law on the civil Service system of police officers and firefighters. It was decided that each Council Member would appoint three members and the City Manager would appoint four members to the Committee. The Committee could hold two initial meetings, one to have the Committee members learn of Council's desires concerning the Committee and a second meeting to appoint a chair and receive training in cultural awareness, group process techniques and assign sub-committees. The sub-committees could deal with recruitment, hiring, and promotional practices; pay and pay raises; civil Service; and the awarding of contracts. The Committee would develop a final report and recommendations for the city Council. Staff support was estimated to be one and a half clerical support, one professional support and associated costs for copying and supplies. Council Member Young asked if the Committee would be charged with studying whether or not a police review board was needed. Klinck stated a civil Service sub-committee could be assigned that activity. Council Member Cott stated that the need for this task force had not been proven in the last few years and felt that this inferred that current staff was doing something wrong. He felt that this was not needed and was divisive. There were not enough incidents which called for this committee and there was no reason to have someone defend himself over this issue. He recommended not to proceed with this committee. Mayor Castleberry stated that initially he was interested in proceeding with this committee in order to bring to light what a good job was already being done. He felt that the establishment of a task force would imply that things were not being done correctly and also that the cost for the committee was great. There were many projects going on at this time. He felt there was no reason to spend time on this committee. Council Member Young stated that one of his issues in his seven point plan was to increase awareness of the need for minority hiring and promotion within the City of Denton. The history of 433 434 City of Denton City Council Minutes September 26, 1995 Page 3 hiring and promotion within the City of Denton. The history of minority employment in the City was poor and an increased awareness would help promote minority staffing and help understand the problems in the City. The Committee would come back with a solution which had not been done before in Denton and which was needed. People in his district wanted this and he was in favor of this task force. Young motioned, Krueger seconded to adopt the Racial Diversity Task Force. Council Member Krueger stated that everyone would be naive if they thought that Denton had no problems in this area. He did not know if there was a problem in Denton but felt that this task force would help focus on this area. There might be minor problems which could turn into big problems later on. Council Member Miller stated that in principle he was in support of looking at diversity. He was concerned that the way the proposal was being constructed and comments he had heard that there was a preconceived notion that there was a problem. This was being done to look for problems, not to look at what was being done right. Looking to promote diversity was one thing as opposed to being more divisive. The Denton Intercultural Association was working to promote opportunities for individuals in Denton. He had an uneasy feeling about this Committee at this time as he felt it was born out of accusations rather than looking at the practices of the City. He did not see anything at this point that the Committee would be a constructive endeavor. Council Member Brock felt that it would be worthwhile to have a study of this sort but was concerned with the many different committees in progress at this point in time. Staff and citizens were working on many issues. She suggested postponing the Committee for a while in order to get citizens to work on the issues without taxing them too much. Mayor Pro Tem Biles hoped that such a report would show that the City was doing a good job in this area. He felt that currently the City was diverse in many areas such as race and gender. He shared the concern of making more appointments to yet another City committee at this point in time. He did not feel the suggestion to form this committee came from a preconceived conclusion. He was also concerned about the cost of such a task force at this point in time. Because of the financial burden and the overuse of volunteers, he suggested a delay in forming the Committee for a time in order to get some of the other committee's work completed and perhaps look at the issue after the first of the year. Council Member Young stated that he wanted staff and Council to understand that this was not his own idea. This was a minority city of Denton City Council Minutes September 26, 1995 Page 4 435 that it was not fair to them. He was elected by the citizens and they wanted him to find out if they had been treated fairly. He could understand that there were many committees going on at this time and could understand to wait until the first of the year. His mission was to find out the answers to this issue. This was from all of the minority population in the City of Denton. People would not accept the fact that there was no problem. Brock suggested a friendly amendment to postpone the issue until the first meeting in January. Biles seconded the amendment. Young and Krueger accepted the friendly amendment to the motion and second. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "nay". Motion carried with a 5-2 vote. 2. The Council received a report and held a discussion regarding a proposed interlocal cooperation agreement to establish a Lake Safety Council. Rick Svehla, Deputy city Manager, stated that the City had received a letter from the County asking for an agreement to coordinate law enforcement on Ray Roberts. The city of Lewisville felt that the proposal made sense to have cohesiveness for a Lake Safety Council and an idea of how to channelize the law enforcement. Lewisville did express a concern about collection of fees. Their staff and committee reviewed the proposal and recommended to their Council that if and when fees were considered, that it be a separate issue. city Manager Harrell stated that there was also a similar agreement with Lake Lewisville. The County was proposing to enter into both of these agreements. Council Member Cott asked about the city's position on liability. Svehla stated that the proposal held any law enforcement officials and their agency responsible for acts done by them. Herb Prouty, city Attorney, stated that there was a provision in the agreement where all public entities waived claims against one another. The city would assume a slight risk of liability if it entered into such an agreement. Council Member Krueger stated that he had spoken with Judge Moseley and others who were trying to create an safer environment at Lake Lewisville. The Council would be remiss to not get in on the ground floor on this issue. There was a slight risk for liability. Krueger motioned, Brock seconded to join in the agreement. 436 City of Denton City Council Minutes September 26, 1995 Page 5 Council Member Young felt that the idea of law enforcement with each other was the most important item of the proposal. Mayor Castleberry asked why it was necessary to have a formal resolution. Part of Lake Ray Roberts was in the City's ETJ and could not some type of agreement be made without a resolution. Svehla stated that the resolution would formalize the agreement. The agreement made the Sheriff's office the point of contact rather than the local entities. Texas Parks and Wildlife was also involved and a resolution would formalize an agreement among all of the entities. Mayor Castleberry asked if the City would be committing to expenditures. Svehla replied not at this time. Council Member Miller expressed support for the proposal because coordination and communication was important. He felt that at some point the City would receive a request for funding. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 3. The Council received a report, held a discussion and gave staff direction regarding nomination(s) to the Board of Directors of the Denton Central Appraisal District. Jon Fortune, Chief Finance Officer, stated that there were five members to the Board of Directors of the Denton Central Appraisal District. Each taxing jurisdiction was responsible for making nominations and ultimately voting on members to that Board. The purpose of the action at this meeting was to receive Council's nominations for a candidate which would be voted on at a later meeting. Each appraisal district was allotted 5,000 votes which were allocated to each taxing jurisdiction within that appraisal district. Currently the City would have 256 votes with 1,000 votes needed to be elected to the Board. Historically the City had coordinated with the School District to be assured of having a m~mber representing the city of Denton. Council Member Brock indicated that the allocation had changed for the City which now had fewer votes than in the past. Fortune replied that the allocation was distributed based on prior year tax levy. The City's property tax had been reduced so the allocation had been reduced. Young nominated, Cott seconded Mary Horn. city of Denton City Council Minutes September 26, 1995 Page 6 Miller nominated, Brock seconded Bill Giese. Mayor Castleberry stated that as the City only had 256 votes it needed to work with the DISD. Council Member Krueger stated that Mary Horn would be the DISD nomination. City Manager Harrell stated that the item could be postponed for a week in order to determine any action on the part of the DISD. Biles motioned, Brock seconded to postpone the issue until the October 3, 1995 meeting. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. Mayor Pro Tem Biles suggested staff research any action by the County and DISD. Following the completion of the Work Session Items, the Council convened into a Special Call Session on Tuesday, September 29, 1995 in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. Consent Agenda Biles motioned, Krueger seconded to approve the Consent Agenda as presented. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid ~1793 - Pecan Creek Interceptor Cleaning and Training 2. Bid ~1768 - Bank Depository Services 2. Consent Agenda Ordinances Krueger motioned, Brock seconded to adopt Consent Agenda ordinance 2A. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 437 City of Denton City Council Minutes September 26, 1995 Page 7 A. NO. 95-192 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. (1.a.1. - Bid #1793; 1.A.2. - Bid #1768) 3. Ordinances A. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Freese and Nichols, Inc. in association with Barton- Aschman Associates, Inc. for professional engineering services relating to establishing impact fees for water and wastewater facilities; and streets. City Manager Harrell stated that during the discussion of the 1994- 95 City budget, Council included funds in both the utility and general funds to hire professional help to analyze whether or not the City should impose impact fees. This was the last meeting before the start of the next fiscal year. If Council did not take action tonight to encumber the money which was set aside in the 1994-95 budget, the funds would lapse into the fund balance and it would be a year before this kind of analysis could be done. The arrangement had been structured so that initially there would be a thorough analysis by the consulting firm of the whole subject of impact fees for a very modest amount of money and the Council could then decide on whether to take the next step towards dealing with impact fees. Staff felt that this was an area which deserved careful consideration by Council. A vast majority of the larger cities within the area had already adopted impact fees. Staff felt Council should debate this issue as the growth wave was coming towards Denton with a substantial amount of growth and development in the future. The debate was whether new residents would be responsible and help participate in the needs for growth of the utility systems. Lacking impact fees, there was no recourse except to have revenue sources such as utility rates and property taxes be the funding for those utility needs. Frank Robbins, Director for Planning and Development, stated that the cost of the first Dhase of the study was approximately $3,400. At any point in time Council would be able to stop the process and the City would not have to pay for any of the projects not started. Council Member Young stated that more than $94,000 would be spent for consultants to study impact fees. Impact fees were anti- business and he was totally against this. Just because other cities had impact fees did not make it right. He felt a committee could do this work rather than have an outside consultant. He felt this was anti-business and anti-growth. city of Denton city Council Minutes September 26, 1995 Page 8 439 The following ordinance was considered: NO. 95-193 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR ASSISTANCE WITH DEVELOPMENT OF IMPACT FEES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. Council Member Cott stated that most revenue to the City was in the form of a tax. The attempt here was to shift the tax to pay the bills for development expansion from the homeowner to the developer. He felt that adopting a fee during the year lied to the people of the City of Denton. Mayor Pro Tem Biles stated that the vote on this issue at this meeting was not for or against impact fees. The vote was to encumber funds so that Council could make a decision on whether or not to spend any of the money. The contract only authorized the spending of $3,400 at this point. Robbins stated that Council was not authorizing that. There would be another step in which a written document would be passed on the consultant indicating the authority to begin work. Mayor Pro Tem Biles stated that Council would be voting to encumber the funds but would not be authorizing the expenditure of money. Herb Prouty, City Attorney, stated that Article III indicated that before beginning work on any task, written authorization to proceed from the owners was necessary. Mayor Pro Tem Biles stated that the process at this meeting was merely a budgetary decision to allow the Council to take up the issue during the next fiscal year. Council was not voting on impact fees but preserving the opportunity to do so. Council Member Young felt that $94,000 was too much to spend on consultants. Any kind of vote on this issue was a vote for impact fees. This would be anti-business and was just another tax. This was not necessary nor needed at this point in time. Council Member Miller stated that the whole idea of impact fees was to look at up-front costs. These were very complicated issues and there was a need for professional advice in this area. Engineers could be put on staff to help with this issue but it would be costly. Council needed this kind of input to make these decisions. 440 City of Denton City Council Minutes September 26, 1995 Page 9 City Manager Harrell felt that there were many things the City did which were appropriate for citizen committees to be involved with. If Council decided to proceed with the establishment of impact fees, the area of engineering calculations and designing programs was very complex and might be needed to be defended in Court.. In some cases technical expertise was needed to make workable programs. On roll vote, Miller "aye", Young "nay", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. With no further business, the meeting was adjourned at 7:20 p.m. Y S~CRETARY CITY OF DENTON, TEXAS ACC002C0