Minutes September 3, 1996CITY OF DENTON CITY COUNCIL MINUTES
September 3, 1996
The Council convened into a Closed Meeting on Tuesday, September
1996 at 5:45 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
The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Consulted with'attorney regarding status and
strategies regarding RPS/Weber & Barnes v. City,
and considered mediation or settlement.
2. Discussed status and considered settlement of
litigation styled Johnson/McCoy v. City of Denton.
3. Discussed status' and considered settlement of
litigation styled Cohagen. et al. v. City of
Denton.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into a Regular Meeting on Tuesday, September
3, 1996 at 7=00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Miller~ Mayor Pro .Tem Brock~ Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT= None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance to the U.S. and Texas flags.
2. The .Council considered approval of the minutes of July 23,
1996.
Young motioned, Biles seconded to approve the minutes as presented.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
3. Recognition of Ms. Cynthia Wren and Ms. Joanne T. Hanna for
lifesaving efforts.
Deputy Chief Thomason stated that these individuals were
responsible for saving the life of an individual in a local.
restaurant.
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City of Denton City Council Minutes
September 3, 1996
Page 2
Mayor Miller presented Ms. Wren and Ms. Hanna with a letter of
recognition.
Mayor Miller presented Yard of the Month awards to:
Jeff and Amy Richard
Clara Lockhart
Sunburst Place II Apartments
James and Judith Solomon
C. L. Rodema
Business Award - Memories So Special
4. Citizen Reports
A. The Council received a citizen report from Roderick E.
Courtney regarding City Policies Section 109.01 and 109.03.
Mr. Courtney was not present at the meeting.
9: The Council ~eceiv~d a ci}izen report from Dan McBride
regaralng dangerous solIcitation during the F~reman's Fill-The-Boot
campaign.
Mr. McBride stated that two weeks ago as he was going to a High
Noon Lions meeting he saw a fire truck in the median at the
intersection of Lillian Miller and 1-35 and fire fighters running
back and forth. He started paying attention to what was going on
and was very distracted while driving. He later found out that the
fire fighters were collecting contributions for MS. He had
requested to speak to Council before an article came out in the
Record-Chronicle. These individuals could have been very safe
people working the intersection but they could not control the
actions of individuals driving the intersection. This was a very
congested intersection with many distractions. A great deal of
money was raised for the event but raising that amount of money in
traffic was not safe. The city Attorney knew that this was not
safe and there obviously were political actions involved in
allowing such activities. He suggested not allowing individuals to
cross lanes of traffic and requested that the Council reconsider
allowing individuals to work in the traffic.
Council Member Cott stated that it took almost six years of work
from the fire fighters and chief to allow the fire fighters to
solicit in the streets. The Council did not easily give that
permission. Twenty percent of the contributions to the muscular
dystrophy telethon came from firemen. The Council thought long and
hard to make sure no one was in traffic. People were working
understand that this was a very important fund raiser.
McBride stated that he was bringing to Council an unemotional
safety issue and Council Member Cott was entering emotional issues
about Jerry Lewis and his hard work. There were many ways to raise
money and having firemen dart in and out of traffic should not be
one of them.
September 3, 1996
Page 3
87
C. The Council received a citizen report from Joe Dodd
regarding a request for resignation of all sitting City CoUncil
Members.
Mr. Dodd stated that Counci{ was not listening to what he said and
what the Labor Party was sayln sever
by statements mad. ~ ...... g . al weeks ~go. He was troubled
Economic Dev.~A----~ council Members regarding the issue of the
~m~n~ corporation.
Member indicating that he was force~de.was c°~cerned about a Council
jobs were promised. He --estio ~u ~o_~o along with the issue as
qu nec wn~t~er the explanation of 4B
presented by Ms. McKean was the first time the Council had had such
an explanation and was that the f .
considered 4B. If so _~. ~ ..... irst time Council had re=~..
~pr April 16th, Ma= ~A-t~e--u°U~cl% were liars because th~
._ _- .... -~ufl or a 4B corporation to ~-~u~Tu~rulng regardin
~st there was a petitio- 6 ..... u~.~o_r~.e~ Dy the City. On
· . -u uae council filed by the D~ll la~
naming Mayor Miller and Council Member Biles to their board. There
were ClOsed Sessions on June 4, June 1
the possible lease and t ...... 1, June 18 and June 25
corporation to be fo~--~ ~t?~-°z %ease of the TI pronertv b,,a~°~
?ot. o. a r.so u i fTj%A- 3? . A{.o o. JUne
· .~ ~uun=y =~ form a. district. He asked
If the Council was talking about something behind closed doors and
then forgetting it when in open session. He felt those meetings
were invalid. ·
City Attorney Prouty stated that he provided information to Council
on 4B in his status reports dpting back to last Year. It was
obvious that this was not the first tim
M~.. Dodd had made a n,,-~-- -- __ e Council had heard of
aoout the Council havi~_~.%~c~tions.wn~ch w~r, mislead~
any illegal clos.d m..t n -ee= ngs. The council did not ha e
allowed to -o into "--lg-- the D~11 Computer.deal, Co '
m~ecu=lve Ses uncll was
~chan~., lease or value of oro-er~,~°n?~ ~iscu~, the purchase,
cflose Issues *-~ ~ ....... = ~ .-z. a-fl~ CO%~loil Was di ussi
_ -.--~..~ way =nose-ee=ings were noticed indic:~ed t~
exchange or purchase of the TI pro err
~elease of ~he property back to -i~ Y~ Dell Computer and the
.. Y concerning complex trans~.~___gh~.~° c~sult with its
a=torney-client privile-e. Th" _~'~~llKe this under the
· ~ ~ ~u~u~men=~ =nat these meetings were
illegal was not true. At one time Mr. D ·
could_go to jail. The Council w odd indl?ated that Council
u~un To the Council, the County
na~ closed meetings,, the DISD had close
he assumed that their att - . d meetings on this item and
In the event th . orneys advised them in the
· at he was wron . . -
Incorrect and the DISD's att~%~e..p~s~rmct At~orney,s Office was
r w=~ incorrect, Council acted On
good faith on.advice from its City Attorney. In each instance the
Council went ~nto Closed Sessions on ad
~9~ Open M%et~ngs Act could not be ,,.-~%t°? the. city Attorney.
o~sions unless it was knowingly don~ueu Dy going ~nto Closed
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City of Denton City Council Minutes
September 3, 1996
Page 4
Dodd stated that he did not say Council could go to jail for
violating the Open Meetings Act. He agreed with the City Attorney
that Prouty and most of the attorneys involved bore most of the
weight for what had gone wrong.
Mayor Miller stated that the City Attorney had been practicing law
for 25 years in city government and municipal district governments
and knew the law well. Mr. Dodd was using his opinion against the
Attorney's opinion.
Council Member Young indicated that he could not say anything about
the issue because it was the law. They had discussed the issue in
Executive Session and it was not legal to talk about items
discussed in Executive Session.
Council Member Krueger stated that he made a co~ent two weeks ago
to an individual that CDD stood for County Development District not
the City Development District. He asked why that individual had
not addressed the County. He asked Mr. Dodd why.he had not been to
the County to address the issue. He felt it was because the County
did not have T.V. and did not have radio.
Dodd indicated that he had not addressed the issues which the
County and DISD had done wrong. Only those issues which the City
had done wrong. Two mem~ers of the City Council were on the Board
and the only voter was from the City staff.
D. The Council received a citizen report from Nell Lights in
response to a staff report.
Ms. Lights was not present at the meeting.
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance to rezone 7.352 acres from the Agricultural (A)
zoning district to the Light Industrial conditioned (LI[c]) zoning
district. This tract was located on TeasleyLane, south of Hickory
Creek Mobile Home Community. (Z-96-029) (The Planning and Zoning
Commission recommended approval 7-0.)
Frank Robbins, Director of Planning and Development, stated that
this was a conditioned zoning district with two conditions. The
only use allowed for the property would be light industrial and
there would be a height limit of two stories. The Planning and
Zoning Com~ission,s evaluation of this project took into account
the Denton Development Plan's policy regarding economic development
which indicated that intensity policies could be waived for
economic development. The Planning and Zoning Com~ission granted
an intensity waiver due to the nature of the business.
The Mayor opened the public hearing.
No one spoke during the public hearing.
City of Denton city Council Minutes
September 3, 1996
Page 5
The Mayor closed the public hearing.
The following ordinance was considered=
NO. 96-185
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL
CONDITIONED (LI-C) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 7.352 ACRES OF'LAND LOCATED ON THE SOUTH SIDE
OF TEASLEY LANE, EAST OF HICKORY CREEK; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FORAN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Kr~eger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered adoption
of an ordinance amending a detailed plan of Good Samaritan Village.
The property consisted of 26.817 acres in Planned Development 21
and was located on the southeast corner of Hinkle Drive and Headlee
Lane. (The Planning and Zoning Co_~ission recommended approval 6-
0.)
Frank Robbins, Director of Planning and Development, stated that
this would bean expansion oft he existing use of Good Samaritan on
Hinkle Drive. The proposal would add ten duplex units, an.activity
area, chapel and two storage units. A great deal of property would
involve a drainage issue. The City's CIP would help with the
drainage in the area and Good Samaritan would provide the City
funds for their portion of the drainage improvements which were
needed to be made.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-186
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 21 (PD-21) AS SHOWN
IN THE ATTACHED DETAIL PLAN FOR 26.817 ACRES OF THE 27.437
ACRES THEREIN DEFINED; PROVIDING A SAVINGS CLAUSE; REPEALING
ORDINANCES 84-96 AND 94-149; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 3, 1996
Page 6
Young motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
C. The Council held a public hearing and considered adoption
of an ordinance to rezone 2.6662 acres from the Single Family 16
(SF-16) zoning district to the Office Conditioned (O[c]) zoning
district. The subject property was located on the west side of
Lillian Miller, approximately 500 feet south of I-3§E. (The
Planning and Zoning Commission recommended approval 7-0.)
Frank Robbins, Director of Planning and Development, stated that
the land owner and neighborhood had reached an agreement with
recommended conditions. The list of conditions was included in the
agenda back-up materials and dealt with a number of architectural
aspects.
Council Member Young asked if there were any provisions for Mr.
Franklin to have access from Conway to Lillian Miller and was he
notified about the process.'
Robbins stated that the issue had been discussed but there was no
formal element of access for another party. This was not part of
the zoning. There was no condition or specific requirement to
allow for access. That was not the kind of condition that could be
made part of the zoning ordinance.
Mayor Pro Tem Brock stated that .as the Planning and Zoning
Commission was technically the petitioner, would the Council's.
Rules and Procedures have to be suspended so that the proponent
would present the zoning case.
Mayor Miller stated that that had already been done.
The Mayor opened the public hearing.
Rob Rayner stated that originally the proposal started with ten
conditions and now there were thirteen conditions. That list
represented many hours of discussions with the neighbors. The list
of conditions were good and both parties were agreeable to those
conditions. The conditional zoning worked over a planned
development as it allowed for flexibility of the landowner and at
the same time did not prohibit prospective buyers from looking at
the property.
Council Member Young asked if Mr. Rayner had talked with Mr.
Franklin and did he under'stand the issue with access to Lillian
Miller.
Rayner stated that he had talked to Mr. Franklin several weeks ago
concerning access. He was not involved with those negotiations.
City of Denton City Council Minutes
September 3, 1996
Page 7
Council Member Young stated that he was afraid that Mr. Franklin
would be surrounded and not have access. Mr. Franklin wanted to
work it out with the Bank for access. As Mr. Franklin had not
returned to him with questions, everything must be acceptable.
Phil Gallvan thanked Council and the Planning and Zoning Commission
for working with them to reach an agreement with the neighborhood.
The Bank pledged to remain a good neighbor and to continue to work
with the neighborhood association as development occurred.
Vera Gershner stated that the time in negotiations had been well
spent and a result of the negotiations was the strengthening of the
neighborhood. Mr. Rayner indicated that much time had been spent
in meetings. He had only attended two meetings so he did not spend
much time with the neighbors. They had to come together as a
community in order to find the answers by themselves. The key
aspect was in the meeting in which they took a vote on the
alternatives presented. Those were compromises which the
individuals could accept. The last part of this would be what
would happen next. If this zoning was approved, the neighbors
would bewatching what wouid happen next.
Mayor Miller indicated that Chuck Carpenter supported the proposal
but did not wish to speak at the meeting.
The Mayor closed the public hearing.
The following ordinance was considered=
NO. 96-187
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A'
CHANGE FROM THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED
(O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
2.6662 ACRES OF LAND LOCATED ON THE WEST SIDE OF LILLIAN
MILLER PARKWAY APPROXIMATELY 500 FEET SOUTH OF 1-35E;
PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNTOF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, .Biles seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
6. Consent Agenda
Biles motioned, Young seconded to approve the Consent Agenda as
presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye",
Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye".
Motion carried unanimously.
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city of Denton City Council Minutes
September 3, 1996
Page 8
A. Bids and Purchase Orders:
1. P.O~ ~67375 - Paradigm
B. Agreements
1. City of Gainsville - Rental of Tub Grinder
7. Consent Agenda ordinances
The Council considered Consent Agenda Ordinance 7.A. - 7.B.
Biles motioned, Young seconded to approve the Consent Agenda
Ordinances 7.A. - 7.B. On roll vote, Beasley "aye", Brock "aye",
Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor
Miller "aye". Motion carried unanimously.
A. NO. 96-188
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM.
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE. (A.1. - P.O. ~67375)
B. NO. 96-189
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF GAINSVILLE, TEXAS FOR
THE PURCHASE OF VARIOUS GOODS AND SERVICES BY WAY OF A
PURCHASE ORDER TO THE CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE. (6. A. 2. )
8. Ordinances
A. The Council considered adoption of an ordinance amending
Ordinances 85-59 and 96-103 by approving a corrected legal
description of a 10 acre tract located east of Mayhill Road
approximately 1000' north of the intersection of Gayla and Mayhill
Roads.
Frank Robbins, Director for Planning and Development, stated that
this was a zoning ordinance in which a detail plan for a tower site
was adopted with an incorrect legal description. This ordinance
a~tached the correct legal description.
The following ordinance was considered:
NO. 96-190
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES
85-59 AND 96-103 BY APPROVING A CORRECTED LEGAL DESCRIPTION
APPLICABLE TO ORDINANCE 96-103; AND PROVIDING FORANEFFECTIVE
DATE.
City of Denton City Council Minutes
September 3, 1996
Page 9
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
9. Resolutions
A. The Council considered approval of a resolution
appointing certain persons to an Economic Development Sales and Use
Tax Task Force to evaluate, make recommendations and to promote a
sales and use tax election for economic development.
Betty McKean, Executive Director for Municipal Services/Economic
Development, stated that this resolution allowed for the
appointment of eleven named individuals and in addition, three
appointees each for each Council Member for a total of 32 members
of the committee. The committee would bring back a recommendation
to the Council by November 5, 1996 on the uses and recommendations
for calling an election for either a 4A or 4B or' combination sales
tax.
council Member Biles stated that Section 2 of the resolution stated
"evaluating the advantages of a 4A or 4B" and he suggested adding
a clause "4A, 4B, or a combination thereof".
Council Member Krueger stated that Council Member Biles' original
motion indicated that Mr. Hall was to chair the committee.
council Member Biles replied correct.
Councii Member Krueger stated that that was not in the wording of
the resolution. He asked if that would be conflict of interest.
Mayor Miller stated that Mr. Hall did not want to serve in that
capacity.
The following resolution was considered=
NO. R96-040
A RESOLUTION OF THE CITY COUNCIL APPOINTING CERTAIN PERSONS TO
AN ECONOMIC DEVELOPMENT SALES AND USE TAX TASK FORCE TO
EVALUATE, MAKE RECOMMENDATIONS, AND TO PROMOTE A SALES AND USE
TAX ELECTION FOR ECONOMIC DEVELOPMENT; AND PROVIDING AN
EFFECTIVE DATE.
Biles motioned, Young seconded to approve the resolution with the
added clause "or combination thereof".
Joe Dodd stated that at several points in the growth of this
economic development program, it was said that the'next group would
indicate what would be purchased with the money. When it was a
temporary group, they would tell; when it was a permanent group,
they would tell and now no one would tell what would be bought. At
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City of Denton City Council Minutes
September 3, 1996
Page 10
some point there was a need to know what was going to be purchased.
He asked the Council to consider a ballot which included the
possibility of voting against an economic development committee
altogether. Someone might want to vote against a sales tax but
want an economic development committee and others might not want
one altogether.
Council Me~ber Krueger suggested allowing the committee to decide
on a chair.
council Member Biles amended his mOtion to include a provision to
allow the committee to select its own chair.
On roll vote, Beasley "aye", Brock "aye", Cott "aye",
"aye", Young "aye", Biles "aye", and Mayor Miller "aye".
carried unanimously.
Krueger
Motion
Council Member Cott appointed Warren Searls, Shirley Krueger, and
Bob Powell.
Mayor Pro Tem Brock appointed Greg Sawko, Bette Sherman, and Rudy
Rodriguez.
Council Member Beasley appointed Joe Mulroy, Peggy Capps, and
Margaret Smith.
Council Me~ber Krueger appointed Mike McMillem, Tom Reece, and Bob
Schutte.
Council Member Young appointed Don White, Sr., Janice Parks, and
Ray Croff.
council Member Biles appointed Larry Collister, Bill Thomas, and
Lindsey Keffer.
Mayor Miller appointed Mark Burroughs, Priscilla Sanders, and Bill
Giese.
B. The Council considered approval of a resolution
appointing ex-officio members to the Board of Directors of the
Economic Development Corporation of Denton, Inc.
The following resolution was considered:
NO. R96-041
A RESOLUTION OF THE CITY COUNCIL APPOINTING EX-OFFICIO M~F~RS
TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT
CORPORATION OF DENTON, INC.; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Biles seconded to approve the resolution. On
roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye",
Young ,aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
City of Denton City Council Minutes
September 3, 1996
Page 11
10. The Council considered a voting and alternate voting delegate
to the National League of Cities, Annual Business Meeting.
Council M~mber Young nominated Mayor Miller as the voting delegate
and Councll Member Biles as alternate.
On roll vote, Beasley "aye,,, Brock "aye", Cott "aye,,, Krueger
"aye", Young "aye,,, Biles "aye-, and Mayor Miller "aye". Motion
carried unanimously.
11; The Council considered nominations/appointments to the City's
Boards and Commissions.
Code Board.
-~ Q~ · ao~ion carried unani'mou~ly~
~n~il_ Member Beasley nominat-~ -~
. - ~ Q m~ur mee=xng. On roll vote Be
Br~ck aye", Cott "ave,, ~--.-~-- ,, - , aslev ay
d Mayor Miller .~=,. .... Y. , Young ave
--- · Ho=ion carried unanimously[ ..... z~ '
12. Miscellaneous matters from the City Manager.
The City Manager did not haveany items for the Council.
13. There was. no official action taken on Closed Meeting Items
discussed earlier.
14. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council MemBer Young asked for an.agenda item for voting
on whether to have Mary Horn,s office collect City taxes.
Following the completion of the Regular Session the Council
convened into a Work Session to consider the following:
1. The Council received and considered information on the 1996-97
fiscal year budget and gave staff direction.
Kathy DuBose, Executive n~
Provided in t ~=~or rot Flnance, reviewed inform
. _ . he agenda baCk-u ....... ' ation
employee compensation; Ta~ $10 provided 1nformation regardin hot
°ccupapcy tax allocation Tab ...... g el
' ~ proviaeu information on grass
establishment at Sout~ Lakes Park; ~ab $17 provided information on
sales tax projections, Tab #13 provided xnformation on ad valorem
City of Denton City Council Minutes
September 3, 1996
Page 12
tax collections; Tab $14 provided information on responses to a
Fire Fighters Association request; Tab #15 dealt with designated
fund balance~ and Tab #16 listed the major issues to review at this
meeting for direction.
1. General Fund Reserve Level - Council had had a policy of
maintaining a General Fund unreserved balance for unforeseen
emergencies at 10%. It was anticipated that there would be some
funds available over that 10% for one-time expenditures.
Council Member Krueger stated that last year the process was
started with a $150,000 deficit due to lower sales tax projections.
This year the sales tax projections were above so why was the
process not starting with a positive.
DuBose replied that those additional sales tax projections were
used to balance the budget. Next Monday there would bea new sales
tax n-mher which might provide additional resources to use with the
budget.
Council Member Cott asked what was the $518,000.
DuBose replied that those were funds which were a previous
designation of the General Fund balance and for which no
designation was noted. That was a one time resource for one time
expenditures.
Council Member COtt suggested returning those funds to the
taxpayers.
DuBose replied that she would not know how to go about 'that.
Mayor Miller stated that there were years of projects which needed
funding. This money could be used for those projects.
DuBose stated that the recommendation was to take this as a
resource to use for projects which would help the citizens.
Council Member Biles suggested accepting the City Manager's
proposal on the fund balance.
2. Revenues
A. Sales Tax - % cent to reduce the property tax - the sales
tax this year did not generate enough for a property tax reduction
and would not generate a decrease in the city's property tax rate.
B. Sales ~ax - one percent general purpose tax - the
proposed budget included a 4 1/2% growth in the general purpose
sales tax. The overall receipts were over the current year's
estimate. Currently the figure was 6% over the prior year but
equal with the budget estimate.
City of Denton City Council Minutes
September 3, 1996
Page 13
Council Member Biles asked what types of information were used to
make the projections of growth.
DuBose replied that the projection was based on the City's
particular area for growth and the information was provided by the
State Comptroller,s Office. It was felt that 4 1/2% was achievable
and prudent.
Consensus of the Council was to have the 4 1/2% projection.
C. Property Tax - the proposa} for the property tax rate was
to reduce the rate by one cent. This rate would be $.5309.
Consensus of the Council was to keep the proposed rate.
t- _D.. ~w~m~ing Pool Fee - the recommendation was to in~rease
ne fee =o $1.25. Scholarships would bea~ailable for lower income
individuals.
Council Member Young indicated that the number of free
should be increased to 800. '
DuBose replied that currently 500 passes were available.
would have to locate an additional $375 in order to
passes.
passes
Staff
have 800
Mayor Miller asked if the demand was over the 500 passes.
Ed Hodney, Director of Parks and Recreation, stated that 500 was
the current demand. If there were requests over 500, they would be
granted,
Council Member Young feltthat there should be 800 passes available
for citizens.
Hodney stated that the demand had not indicated that 800 passes
were needed but it could be done if there was such a request.
Consensus of the Council was to proceed with the recommendation of
$1.25 for pool admission.
3. Pay Plan Adjustments - the proposed budget recommended a 3%
lump sum payment to every employee and an incentive program to
award employees. Other alternatives had been suggested such as
using the incentive plan as a one time source to increase the lump
sum payment to 3.35%.
Council Member Young asked how much a 3% increase in base pay would
cost.
DuBose replied that a 3.16% increase would cost $707,000 of on-
going costs.
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City of Denton City Council Minutes
September 3, 1996
Page 14
Council Member Young motioned to incorporate, the $81,000 with the
$690,000 to give the employees 3.16% increase in base pay.
Council Member Krueger stated that this was done last year and that
income came from the growth in the local economy.
DuBose replied no that the fund balance was used for that.
Council Member Krueger seconded the motion as he felt damage would
be done to the pay scale if an increase was not given in the base
pay. A one time lump sum payment did not provide for a continuous
pay plan.
Council Member Young stated that giving an increase to the
employee,s base pay would help maintain a wage structure against
inflation and avoided falling behind in area markets. It was not
fair to other employees as higher paid employees would receive more
money than lower paid employees.
Mayor Miller state~ that the one-time payment was being considered
because of the implication for next year. Last year pay
adjustments were increased by $640,000..
there was an additional ~nn ....... In this year's budget
- ~-vv,vvv as =ne increases were not all at
once~ If.the Council did what Council Mem~er Young had suggested,
the Implication for the tax rate next yea~ was also 4 or § cents~
Council Member Krueger stated that.that was not true. Mayor Miller
was saying that only $690,000 was budgeted for this. There would
be only a one time lump sum which was not in keeping with the
Mercer plan. The Council needed to prioritize what it wanted. He
wanted to keep with the pay plan. There were other areas to cut in
the budget.
Council Member Biles stated that there were two perspectives on
this issue. One was the side of the person receiving the increase.
If that person received a 3% increase, whether as a pay raise or a
one-time payment plan, they would still receive the same amount of
dollars. The second side was what bothered him. The Council was
discussing a budget in which the Council was to be fiscally prudent
and spend dollars which would be built into following budgets.
Some people were saying that there was a need to curb the growth of
government but salary was probably the largest element. If the
City could remain competitive by giving the employees a one-time
pay, that was the appropriate way to go. Last year Council went
way out on a limb for fire protection and spent one-time money to
get there. Now there was a need to continue to pay for continued
pay increases, new fire fighters and the reopening of the Central
Fire Station.
Council Member Cott stated that Council was not the operator of
this organization. Council needed to turn this issue over to Human
Resources with specifics on what Council wanted. Pay worked in two
ways. It worked for the individual who worked and for those who
paid taxes. He would rather return to this issue at a later date.
City of Denton City Council Minutes
September 3, 1996
Page 15
Mayor Pro Tem Brock stated ~_h~at the Council took on many
reoccurring obligations with one ti~e funding last year. ~he did
not want to do that on a regular basis. It should be done wlth the
anticipation that the City was going to grow and done in a prudent
manner and not take a large risk for reoccurring costs. She
suggested adding the incentive pay to the lump fund.
Mayor Miller suggested having a 4% one time adjustment. In addition
to the $81,000 for the incentive award, there would be $148,000
needed from the one-time funds available.
On roll vote, Beasley "nay", Brock "nay", Cott "nay", Krueger
"aye#, Young "aye", Biles "nay", and Mayor Miller "nay". Motion
failed with a 2-$ vote.
Mayor Miller proposed to do a lump sum effective October 1st, not
have an incentive award program and make a 4% lump sum. The
additional cost of $148,361 would come out of the $518,000.
Council Member Biles agreed with the 4.% on the one-time basis and
the $81,000 plus $690,000. He was not sure he wanted.to take the
extra $148,000 out of the $518,000 at this'point in tlmee
Bro~k motioned, with the understandinq that there might be possible
modifications, to grant a one-time payment using $690,000 plus
$81,000 plus $148,361 from the one-time ~und balance which would
amount to a 4% one-time payment. Biles seconded with the
understanding that the funding for the $148,000 would be revisited.
On roll vote, Beasley "aye-, Brock "aye", Cott "nay", Krueger
"aye", Young "nay", Biles -aye#, and Mayor Miller "aye". Motion
carried with a 5-2 vote.
4. Benefits adjustments
A. Health insurance - the proposal was to continue with
Harris Methodist with an anticipated 4.1% decrease.
B. Retirement TMRS - the proposal was to continue with the
current 6% two to one match program.
5. Public Safety
A. Police
1. State and Federal Grants - the proposed budget
included applying for two grants. One provided funding to hire one
juvenile/domestlc violence investigator and the second was to
purchase mobile data computers for department vehicles.
Consensus of the Council was to proceed with budget
recommendations.
100
City of Denton City Council Minutes
September 3, 1996
Page 16
2. Projecto Amistad - ~- -
· - uen=ers an~ ---~--~ ..... . ummunl=y orfices,
~-..u~a~ po~ce ~epartment.
Council Member Cott suggested not including the position in the
Police Department. If there was e~er a good immigration law, if it
was too much a part of the police department, there would be
problems.
Council Member Biles stated that one of the reasons the position
was in the Police Department was that it Would help qualify the
City for matching grants.
community.partment and would only serve one segment of the
Young motioned to remove the position from the budget. Motion died
for lack of a second.
Consensus of the Council was to continue with the program.
3. Positions - consensus' of the Council was to proceed with
the recommended positions.
~. Misc. - safety computer system, additional funding for
district planning teams and area coordinator for COPS program.
Consensus of the Council was to proceed with the proposals.
B. Fire
1. Dispatchers - the budget proposed funding for three
additional dispatchers.
Consensus of the Council was to proceed with the recommendation.
2. EMS non-emergency transfer service - the proposa% would
cost $124,000 to begin the EMS non-emergency transfer service.
Council Member Cott asked about equipment costs.
Ross Chadwick, Fire Chief, stated that
~_mbulances. stocked wath equi-ment ~-- ~rrently there were reserve
were enough SuPPlies an~ ..~_~ _~ ~ne program. Currently there
Council Member Beasley stated that she .had a Problem with the
proposal. She had a problem with the City getting into private
e~terprise. It might help to diversify the Fire Department but felt
she could not support it in the budget.
Mayor Pro Tem Brock stated that if that were done, it needed to be
done cautiously. Some issues were not answered to her satisfaction
City.of Denton City Council~Minutes ~
September 3, 1996 ..... '
Page 17
101
and she suggested continuing to research the proposal.
~?~ncil Me.~. r Biles stated that he a
1~ competing with nrivate ~A-~s° had a concern with the
· _¥e~. _~ .~=~aA issues no r~,,~ ,-= He felt there were a
lnclualng it with the budg~t~ ....... a,u he was not comfortable
Consensus of the Council was to eliminate the proposal from the
budget.
c. Misc. equipment and intern for proposed budget.
Consensus of the Council was to continue with the proposal.
D. Reclassification _ included in the budget
reclassification of three drivers to battalion Chiefs. was the
Council Member Krueger asked what the duties of the battalion
chiefs would be.
Ross stated that they would beshift commanders to supervise, plan
and coordinate the activities and operations of all fire stations
during a single shift.
Consensus of the Council was to proceed with the recommendation.
6. Fire Reserve Fund - the r~o~endation was to incorporate the
use of this reserve as a one-=~me source of funding.
Consensus of the Council was to proceed with the proposal.
2. There was no continuation of the Closed Meeting during the
Work Session.
With no further business, the meeting was adjourned at 10=15 p.m.
CITY O~ DENTON, TEXAS
ACC0033B