Loading...
Minutes July 23, 1996CITY OF DENTON CITY COUNCIL MINUTES July 23, 1996 The Council convened into a Closed Meeting on Tuesday, July 23, 1996 at 5:15 p.m. in the civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Discussed the acquisition of property for expansion of the City's wastewater treatment plant. 2e Discussed possible purchase of vacant Texas Instruments facility at 3940 N. Elm Street by a 4B non-profit economic development corporation to be fo~med by Dell Computer Corporation and the City and discussed possible terms of a lease between the 4B and entities that might consider leasing of such facility from the 4B. Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Work Session on Tuesday, July 23, 1996 at 6:00 p.m. in the City Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None 1. The Council received a report and held a discussion regarding the Denton Central Appraisal District's proposed budget. Joe Rogers, Chief Appraiser - Denton Central Appraisal District, reviewed the proposed budget as presented in the agenda back-up materials. There would be a public hearing on July 25th for public comment. The budget was approximately 4.2% over the previous budget. Primary changes in the proposed budget were the addition of an appraiser for personal property which was the only addition of employees for the proposed budget, an increase in the reserve for legal expenses, an increase in data processing related expenses, an increase in the printing and postage accounts, and an increase in the contingency account. Mayor Pro Tem B~ock stated that the City really did not have a choice about approving the budget. Rogers replied that the amount which the City paid was set based on the total tax levy for the city. City of Denton City Council Minutes July 23, 1996 Page 2 Council Member Krueger asked if there was a reserve which the District had and were there ways to use that reserve rather than have an increase. Rogers replied that this year he reviewed the 1994-95 budget expenditures for each account and the budget was proposed on what was done over the last several years. His budget was driven by what they were required to do, Council Member Krueger stated that last year the District budgeted $30,000 for the contingency fund and this year $50,000 was proposed. Had the District gone over the $30,000 this year? Rogers replied no but that the fiscal year was not over and the last several years the District ended with a reasonable balance. If there were funds remaining in the account at the end of the fiscal year, it had to be returned to the taxing jurisdictions. 2. The Council received presentations, held a discussion and gave staff direction regarding the hotel occupancy tax funding to various organizations including: A. Chamber of Commerce Convention and Visitors Bureau B. North Texas State Fair Association C. Denton County Historical Foundation D. Denton County Historical Museum E. Greater Denton Arts Council F. Denton Main Street Association G. Denton County Amphitheater Association H. Denton Festival Foundation I. Denton Black Chamber of Commerce J. Denton Historic Landmark Com~ission K. Denton Hispanic Chamber of Commerce Mayor Miller stated that the first five organizations had ongoing funding under a two year program. The other organizations received funding for only one year. A. Chamber of Commerce - Convention and visitors Bureau - Greg Sawko stated that there was an existing contract which set the amount of money the Bureau was provided and which went through 1997. The purpose of the Bureau was to attract conventions and visitors to Denton. Council Member Beasley stated that the Bureau would be concentrating less on convention solicitation because of the lack of a conference center and would be focusing more on tourism e=peclally with the new Texas Motor Speedway. She felt that that was a good marketing plan as the City did not have any type of convention facility. Council Member Young expressed a concern regarding transportation inside the City when the Speedway opened as he felt the City's present cab service would not be adequate. city of Denton City Council Minutes July 23, 1996 Page 3 Mayor Pro Tem Brock asked about the funding for'the billboard on 1- 35. There was no funding listed in that account. Sawko stated that the Bureau would continue to use the billboard but that the criteria had been changed to not include commercial messages. Very little funds had been received for outside commercial messages and it was felt that the billboard would be best used for other purposes. The money in that account was deleted as it was anticipated that there would be no funds received for the use of the billboard. Mayor Pro Tem Brock stated that when various events were discussed by the Chamber along with points of interest, there were no sports events related to either of the two universities and there were no concerts or other events listed. She asked if the Bureau was going to promote those types of items. Sawko stated that the Bureau had entered into an agreement to do advertising for the university of North Texas. Mayor Miller stated that a proposed budget had been submitted to each of the organizations. In each case, based on the formula developed, there was some carry-over from the 1995-96 fiscal year. Those numbers were included in the budgets from the organizations and indicated how the organizations were going to use the funds from the City. B. North Texas State Fair Association - James Roden stated that his proposed budget did not increase any salaries but that other allowable areas were increased. Council Member Young asked how much the Fair attendance had increased last year. Roden replied that the attendance had not increased much but that the number of exhibitors had increased. Mayor Pro Tem Brock asked about the Fair's practice of allowing political signs on the fence around the Fairgrounds. Roden replied that the Fair was not putting those signs up. someone put up a sign, they were not going to take it down. If C. Denton County Historical Foundation/D. D e n t o n C o u n t y Historical Museum - Norma Jean Gamble stated that these organizations were about giving people something to come to Denton to see. Without the Historical Museum and the Historical Foundation, she was not sure there would be things for people to come and see. She detailed several of the projects they were working on including microfilming old newspapers for public viewing. E. Greater Denton Arts Council - Sara Harvey stated that the allocation of the Labor funds had been simplified this year in City of Denton City Council Minutes July 23, 1996 Page 4 their budget. The majority of the disbursements would be going towards salaries. Staff was involved with the promotion and programming of the Greater Denton Arts Council and the supervision of the Center for the Visual Arts. Mayor Miller stated that the following organizations were ones which were funded on a one year basis and the proposal was to consider them for another year of funding in the upcoming budget. F. Denton Main Street Association - Jane Jenkins stated that the funding the Association had received during the past year enabled them to considerably increase their program. The Main Street Program was now actually serving as a community revitalization program providing services to other business districts in the community which required assistance in getting organized for revitalization. The allocation which they received was spent on promoting the Main Street events. G. Denton County Amphitheater Association - Diane Edmondson stated that the Association viewed the allocation of funds as an investment in Denton. The feasibility study for the amphitheater had been completed and would be presented to Council in the near future. The script was being revised and updated for presentation. H. Denton Festival Foundation - Carol Short stated that the funds given to the Foundation were spent on advertising, tourism and promotional materials. They had many plans for the future and wanted to implement them with the help of the City. More stages were needed for performers as well as for well-known headliners and large tents. I. Denton Black Chamber of Commerce - John Baines stated the Black Chamber of Commerce had seven objectives that it was currently focused on. Several of those included helping emerging and small businesses connect with the available services within the community, preparing an information directory of minority businesses, focusing on special events, focusing on membership, networking among the businesses, and encouraging youth to become involved in business. The money granted to the organization in the prior year was slated to be used in a September production. J. Denton Historic Landmark Commission - Jane Jenkins, Preservation officer, stated that the Commission was allocated $1,000 which was used for a subject marker for the City of Denton. It was planned to purchase another marker for the City if Council allocated funds to the Commission for next year. K. Denton Hispanic Chamber of Commerce - There wa~ no representative present from the Denton Hispanic Chamber of Commerce. Jon Fortune, Chief Finance Officer, stated that Council would be considering the budgets presented from the first five organizations on August 6th. If there was no further direction from Council, 28 city of Denton City Council Minutes July 23, 1996 Page 5 staff would proceed with the proposal as presented in the agenda back-up for the other organizations. They would be presenting a budget to Council at a later date. Consensus of Council was to proceed with the first five organizations as presented. Council Member Krueger suggested exploring the possibility of establishing certain percentages for two year terms for some of the organizations. 3. The Council received a report, held a discussion and gave staff direction regarding the employee group health insurance program for the plan year beginning January 1, 1997. Tom Klinck, Director of Human Resources, stated that the health insurance program was rebid every three years to ensure that the city was receiving the best cost for the services provided. A comprehensive rebid had been done regarding the service. The bid specifications were developed by Foster and Higgins with input from the Human Resources staff, the Legal Department and Purchasing. Council reviewed the specifications in November 1995. The bids were released in early February and bids opened on April 18, 1996. Specifications included addressing the employee access to one or both local hospitals with a minimum bid requirement of at least one local hospital in the network, providing an IPA model as opposed to a staff model, active and retiree quotes for rates, plan design with a choice for employees of HMO or point of service. A one year contract was bid with the option to renew for two consecutive years with a second and third year not to exceed rate guarantee. Qualitative issues associated with the bids included provider access, contracting and reimbursement methods, the financial stability of the carrier, utilization management, medical management, member services, and the length and experience in north Texas. The bids were distributed to 16 prospective carriers, six carriers did not respond, four declined to respond and six submitted bids. Foster and Higgins with the concurrence with the Legal Department and the Purchasing Department, evaluated the bids and determined that two carriers fully met the bid specifications - Harris Methodist and Signa. On an analysis of cost basis, the Signa bid had the lower first year cost. However, when looking at second and third year rate guarantees, the Harris bid represented the lower overall three year cost to the organization for both the City and covered dependents. Accepting the Harris bid would eliminate any transition period to a new carrier or disruption to the employees. Council Member cott asked why ten carriers did not bid. Klinck stated that four of the carriers did not bid as they felt they could not be competitive in terms of the rates. Cities did not always represent an attractive risk as a private sector corporation did to some carriers. City of Denton City Council Minutes July 23, 1996 Page 6 Council Member Beasley asked about the hospital situation. Klinck stated that ColumBia had discontinued service with Harris Methodist. Only 25% of last year's claims dollars were spent on in-patient care with 119 admits in 1994 and 139 in 1995. That represented 4-7% of the 2000 individuals insured. Approximately 64% of the City workforce lived within the City limits and would have access to Denton Regional Medical Center. Council Member Beasley stated that Harris would have to still guarantee one hospital in Denton with its bid. Klinck replied correct. Denise Blain, Harris Methodist Health Plan, understood and was very aware of the situation with the divestiture of one of the facilities by Columbia. It was their commitment to the City to provide a comprehensive provider network and once the divestiture took place, they would aggressively pursue the continuation of the current contract. Council Member Young asked about the rates for retirees. Klinck stated that a blended rate was being recommended which would lower the cost for retirees. Mayor Miller asked about the hospital privileges of the network doctors. Klinck replied that an analysis had been done on those doctors in Denton. There was only one doctor in the Denton/Lewisville area who did not have admitting privileges at both hospitals. Blain stated a "disruption of hospital services" analysis was done to look at all of the participating physicians in Denton and the primary care physicians who the employees used. The analysis showed that there was one Lewisville pediatrician who did not have admitting privileges at both hospitals. That doctor provided services for four City of Denton dependents. Mayor Miller stated that there were instances where one hospital did not have the equipment necessary for certain types of surgeries which the other hospital did have. Where would those patients be served in those cases? Blain replied that they would initially look within their participating facilities to determine if that type of equipment was available. Arrangements would be made to receive services at those facilities. The physician would not have to change, only the facility. Council Member Beasley suggested proceeding with the contract with Harris Methodist. Conditions included having at least one hospital in the Harris network and that as soon as possible to have both 30 City of Denton city Council Minutes July 23, 1996 Page 7 hospitals · Council Member Biles stated that he would be in favor of the contract if it stipulated that Harris maintain at least one Denton hospital, at a minimum. Klinck stated that a letter of understanding was executed with that provision. It also included that Harris would pursue discussions in an attempt to include both hospitals. Consensus of the Council was to proceed. 4. The Council received a report, held a discussion and gave staff direction regarding a proposed extraterritorial jurisdiction agreement line between the city of Denton and the City of Aubrey. Frank Robbins, Director for Planning and Development, stated that in 1988 there was an agreement line conceptually approved by the Denton City Council and Aubrey. Staff was requesting Council · ' direction to finalize the release of Denton's extraterrltorla jurisdiction on the east side of the Elm Fork. It was felt that this was an appropriate line to draw as it was the current regulatory line. Denton was not certified to provide utilities in the area and the provision of City services, from the west across the Elm Fork, would be difficult. Staff was recommending the release of the extraterritorial jurisdiction. Council Member Krueger asked for the reasoning for the northern line around Aubrey. Robbins replied that that was out of the area which Aubrey was asking for. Mayor Pro Tem Brock stated that the extraterritorial jurisdiction was determined by State law. The extraterritorial jurisdiction was automatically three and one half miles from the city limits line. Robbins replied that that was the ETJ line in 1988 and currently was further north due to the annexation of the Elm Fork. Mayor Pro Tem Brock asked if Denton had the ability to release extraterrltor£al ju~i~diction- Robbins repled yes that there was a specific provision in the Local Government Code which enabled cities to do that. Council Member Biles asked why the area south of Highway 380 was being considered. Robbins replied that that was where the City's ETJ currently was located. Denton could unilaterally release that area and whoever had that ETJ or could get it, would not need Denton's permission. City of Denton City Council Minutes July 23, 1996 Page 8 31 Council Member Biles asked if Kruegerville or Cross Roads had expressed an interest in the area. Robbins replied no. Council Member Young felt that Denton should honor the 1988 agreement. Mayor Miller stated that he understood that there was an agreement drawn up between the City of Denton and the City of Aubrey in 1988. According to Denton, that agreement was never signed and returned to the City of Denton. Mayor King of Aubrey stated that he disagreed with the agreement line from 1988. The City of Denton in 1988 approached Aubrey with the agreement. The agreement line went from St. John's Road to Highway 455 to Elm Creek, down Elm Creek past orbin Hill Road. Aubrey's attorney had documentation of letters from the city Manager of Denton which later requested that the line be lowered to Highway 380. The City of Denton encouraged Aubrey to pass an ordinance to regulate the extraterritorial jurisdiction in the area. That was done and sent to Denton's Council. As requested, Aubrey passed an extraterritorial jurisdiction ordinance. They had notarized documentation of the landowners requesting to be in Aubrey's extraterritorial jurisdiction. Aubrey wanted the city of Denton to acknowledge the 1988 agreement. They were on the verge of becoming a growing city and did not want to be boxed in. Several of the landowner's were disturbed that they might not be in Aubrey's extraterritorial jurisdiction as previously thought. Mayor Miller felt that there was a disagreement on what land area was being discussed. He felt that Denton's staff needed to work with Aubrey's staff in order to know exactly what area was being considered. He suggested that the item be postponed and have staff work with the staff from Aubrey to exactly determine the area. Council Member Biles felt that it was important to determine exactly where the City of Denton and the City of Aubrey each contended where the lines were drawn. Perhaps staff could develop colored maps in order to pinpoint the areas. Biles motioned, Beasley seconded to postpone the issue in order for Staff to work with Aubrey's staff to determine the exact location of the agreement lines. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 5. The Council received a report, held a discussion and gave staff direction regarding the City's support for the extension of the Clean Air Act. Joseph Portugal, Assistant to the City Manager, stated that the Council of Governments and the Regional Transportation Council had asked cities in the north central Texas area to pass resolution8 32¸ City of Denton City Council Minutes July 23, 1996 Page 9 supporting the extension of the Clean Air Act. The counties of Dallas, Denton, Collin and Tarrant comprised a moderate ozone non- attainment area. Failure to obtain an extension for this area would mean additional federal mandates which could potentially adversely affect economic stability in the area. Senator Kay Bailey Hutchison had introduced legislation which would extend the date for compliance for two years. Biles motioned, Krueger seconded to direct staff to prepare the appropriate resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Following the completion of the Work Session, the Council convened into a Special Call Session to consider the following: 1. The Council considered a request for an exemption to the noise ordinance from Marathon Builders to pour concrete on four occasions at U-Haul, 164 N. 1-35 East, starting at 5:00 a.m. Veronica Rolen, Administrative Assistant, stated that at the Council's June 16th meeting, Council considered a request from Marathon Builders for an exception to the noise ordinance to pour concrete at the U-Haul location. That request was denied with a 2- 4 vote. Following that meeting, staff met with Norm Jones, a consultant with Marathon Builders, to obtain additional information regarding the need for the request. There were four heavy pours remaining which included 300-350 yards of concrete per pour. Those pours would be done as close to the weekend as possible. Equipment which would be used at the site would be a 36 meter pump truck with generator powered overhead lighting. There were approximately 15 mobile homes near the site which could potentially be effected by the noise. Council Member Young stated that the start time of not mean that concrete would be poured at that time. they could start setting up at that time. 5:00 a.m. did It meant that Norm Jones, Marathon Builders, replied correct. The set-up time would include pulling the trucks on site and getting the temporary lighting set up. The extra hour would be for set-up time. COuncil Member Young stated that it would take approximately an hour for set-up. Jones replied correct. Council Member Young stated that starting earlier would help ~hu workers with the heat. Jones stated that the workers at the site were local workers. In order to get a good finish on the concrete it was necessary to begin before the heat of the day. City of Denton City CounC~'ilM~utes July 23, 1996 Page 10 Council Member Krueger stated that the company had received a citation for starting early one morning. Jones replied correct. Council Member Krueger asked if the neighbors had been contacted. Jones replied that he had contacted one individual before the work had started. The neighbor had a problem with a 25' dedication which did not relate to the concrete pour. Jim Inman stated that there were seven mobile homes approximately 35' from where the heavy equipment had been operating. The neighbors felt that the codes were in place to protect the residents and that those codes should be honored. Some of the residents had small children and there was one individual recovering from a hospital stay. He felt the current regulations should be honored. Council Member Young stated that he had talked with the residents in the area. Three residents were against the early start and three individuals did not mind. Council Member Cott suggested that the neighbors and the contractor talk together about the situation. Mayor Pro Tem Brock stated that she was against granting the exception as it was too great an imposition on the neighbors. The neighbors deserved the Council's consideration. The Council had already considered early construction by changing the ordinance to allow for a 6:00 a.m. start time in the summer months. Brock motioned, Krueger seconded to reject the request for an exception to the noise ordinance and adhere to the 6:00 a.m. starting time for construction. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "nay", Biles "nay", and Mayor Miller "aye". Motion carried with a 5-2 vote. 2. The Council considered nominations/appointments to the City's Boards and Commissions. The Council voted on prior nominations and presented nominations for future consideration. (See Attachment A) With no further business, the meeting was adjourned at 9:45 p.m.. Y SECRETARY CITY OF DENTON, TEXAS This page left intentionally blank.