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Minutes August 03, 1993152 CITY OF DENTON CITY COUNCIL MINUTES August 3, 1993 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, and Miller ABSENT: Council Member Perry Budget Presentations Introduction Lloyd Harrell, City Manager, outlined the budget discussion schedule. City departments began budget presentations that evening with the next week's meeting devoted entirely to the remainder of the departmental presentations. The presentations were designed for departments to explain their budgets, any significant changes, and respond to any questions. Three meetings devoted to further discussion by the Council and dealing with policy issues plus other major issues put on the table by the Council were scheduled for August 24, August 31, and September 7. Major policy issues needed to be decided by September 7th so that the budget and tax rate were formally adopted on September 14. John McGrane, Executive Director for Finance, distributed information concerning changes from the major budget issue report or the budget document. The first two changes were reflected in budget document, but were different from the major budget issues report. Since the major issues report was distributed the sales tax number was updated which reflected the current actual numbers. The second item was an update on the effective tax rate based on the certified assessed property values for Denton. The new effective tax rate to fund the proposed budget was 74.90¢ per $100 valuation. In the major budget issues, the rate was based on the preliminary roll and was 73.20¢ per $100. Council Member Cott questioned how much of the tax roll was still a dispute. ~ Mr. McGrane stated that the city was not supplied with that number. Council Member Cott asked if the number was going to be available before September'budget decisions. Mr. McGrane stated that depended on whether the cases were heard before then or not. He was aware of one large business personal property under dispute which might be heard before September 1. By law, the Appraisal District was only required to supply the certified roll which they certified at 95%. 153 City of Denton City Council Minutes August 3, 1993 Page 2 Mr. McGrane stated that Item C. which discussed transferring a position from the Planning Department to Solid Waste as part of the recycling efforts reflected the personnel dollars transferred but not the other money for travel, office supplies, etc. There was $3,673 in the Planning Department budget which could be redistributed by the Council. Mr. McGrane explained that Item D. referred to page 427 of the proposed budget where percentages were in error. The proposed document was not corrected, but when approved, the budget document was to reflect the corrections. One other item which came to light after preparation of the proposed document was Flow Hospital escrow fees which the city was responsible for estimated at $700 a year. Since the escrow agreement was for several years, the fees were a separate line item. The item was not reflected in the proposed budget, but was to be inserted and reduced the unreserved fund balance by that amount. Mr. McGrane provided an overview of the budget. The general fund was the primary general service budget. Ad valorem tax made up 32.3% of the general fund revenues. The proposed budget was based on the effective rate of 74.9¢ which brought in the same amount of dollars as last year. The 74.9¢ included the debt service'portion which paid for general debt service which increased because of activities done in the last year. What that meant was that if the city got the same amount of dollars as last year, the amount of dollars for operation and maintenance decreased. Therefore, the general fund budget reflected somewhat of a decrease. Mr. McGrane stated that ad valorem percentage last year was approximately 34% of the operation and maintenance budget as compared to a projected 32.3% for the next budget year. Mr. McGrane stated that sales tax receipts were up 10.9% through June. A portion of the increase was based on actions in last year's budget which eliminated the exemption of sales tax on residential gas and electric sales as of January 1. Council Member C°tt asked how much the new outlet mall affected sales tax receipts. Mr. McGrane stated that the state had not provided the statistical information but he estimated the effect of the outlet mall attributed to about 3% of the 5% increase. Sales tax was 22.1% of the general fund revenue. 154 City of Denton City Council Minutes August 3, 1993 Page 3 Another large portion of the general fund revenues was from transfers from both utilities and bond funds. There were two transfers for the utility fund. One transfer was the city's 6% return on investment which was under charter, and the second was the transfer administrative costs which were set by a cost allocation plan by David M. Griffith, a private consultant. Also charged back to the capital improvement bond fund and the utility bond fund was work done by city engineers on projects. The transfers made up 28% of the budget. Total revenue for the general fund was $29,021,97. General fund expenditures totalled $29,549,408. The difference between the amount of expenditures and the amount of revenues was supplemented by fund balance. Council had set a policy that kept the fund balance between 8-10% and the action brought the fund balance closer to 10%. Mr. McGrane stated that electric utility expenditures were $68,982,000. Of the amount, 69.2% was for purchase power. Water expenditures were $13,458,000 and wastewater expenditures were $8,067,000. Mr. McGrane pointed out that the utilities budgets were presented and reviewed extensively by the Public Utilities Board and were sent to City Council through the City Manager who, by charter, could not make any changes. The utilities budgets were based on an overall rate increase in the electric department of 3.2%. Overall water rates increased 4% and overall wastewater rates increased 13%. Mr. McGrane stated that the sanitation fund included total solid waste expenditures of $5,087,000. Of that amount, residential expenditures were $1,382,000, commercial expenditures $1,305,000, landfill $876,000 and miscellaneous expenses of $915,000. A major recycling effort accounted for 17% of budget increase in the sanitation fund. The rate increases in the sanitation fund were 50¢ per month for residential, an 8% commercial increase and 50¢ per cubic yard at the landfill. Police Police Chief Mike Jez reported that the Police Department budget reflected that supplies stayed the same as the prior year. There was a $13,500 increase in maintenance attributable to the delayed replacement of some vehicles and increased maintenance for the vehicles. The services budget showed a $52,000 reduction from money saved for delaying replacement of vehicles. The sundry account showed an approximate $20,000 increase as a result in increased cost the city incurred from grant programs. DARE, the Occupant Protection Grant, and Selected Traffic Enforcement Grant had increased city costs as the state funds decreased. Under fixed assets was $12,800 to be used for portable handsets and 155 City of Denton City Council Minutes August 3, 1993 Page 4 communication equipment for police officers for field assignments. The Police Department had only 30 handsets currently. The 93/94 budget included $24,060 to add one additional civilian jailer to the department. Chief Jez stated that currently the Police Department had two jailers which made it impossible to staff the jail 24 hours a day, 7 days a week, 365 days a year. The city incurred a tremendous amount of liability in connection with the maintenance and operation of the jail. With the move to the new building in the next fiscal year, the jailer positions became more important because the jail increased in size. The ultimate goal was staffing the jail with a jailer around the clock. Currently, the duty officer made routine and periodic inspections of jail at times when there was no jailer and that one of the supervisors be present to oversee and supervise any time an inmate was booked into the jail. Council Member Miller stated that he recalled that crime statistics were down this year and lead the state. Chief Jez responded thatDenton lead the state with a 21% reduction in crime. Council Member Miller stated that all the numbers budgeted showed an increase. He questioned whether the numbers were increased because of growth or had the department reached the point of diminishing return. Chief Jez stated that it was a combination of a variety of reasons. Denton had at least a single digit reduction in crime in each year following 1988, and in some instances, a double digit reduction. The 21% rate referred to was for 92/93. Last month, the rate was down some 15%. The apprehension on the part of the Police Department was because of the long trend of reduction, that in time the numbers began shifting up. The budget numbers were a combination of both intuition and tracking offenses in Denton and making reasonable assumptions about the next year. Council Member Miller asked if the computer system that was being discussed would help some of the situations. Chief Jez reported that the computer system impacted in a variety of ways. The computer system assisted in reducing costs in some areas as it related to purchasing forms and paperwork that clerks were doing that no longer were necessary. The computer improved response time because of the automated dispatch function. The computer enhanced investigative possibilities. 15 6 City of Denton City Council Minutes August 3, 1993 Page 5 Council Member Miller questioned whether the budgeted purchase of handsets gave the department the number of handsets needed for all officers in the field and what was the expense to get enough. Chief Jez stated that the proposed budgeted expenditure was not enough. The number or cost figures were not available but would be provided for Council. Rick Svehla, Deputy City Manager stated that the handsets cost $3,000 each and the proposed budget got the department four new ones. Council Member Chew questioned that with the increased space at new facility would four jailers be needed instead of three jailers. Chief Jez stated that ultimately 6.5 civilian jailers were needed and the department was working gradually to build to that number. City Manager Harrell that very few new positions were proposed in the general fund. Staff ranking looked at the need of the Police Department for a civilian jailer and that even with a tight budget progress needed to be made. Council Member Chew stated that this was one area that really needed to be looked at. Council Member Cott stated that when the Police Chief and the Fire Chief discussed with Council approximately $2 million of management information systems, neither seemed to follow through on the discussions. Cott asked that of the $300,000 increase in personal services was that part of the $2 million or did that include two new COPS neighborhoods. Chief Jez stated that personal services was to be addressed by Tom Klinck when he made his presentation to the Council. The management information systems had not yet been addressed for the Council and was not a part of the budget. Council Member Cott asked if the Police Department planned to implement the MIS system this year. Deputy City Manager Svehla stated that it was to be implemented in the next fiscal year about the time of the move to the new building. Mr. McGrane stated that the management information system was also looking at the possibility of issuing C.O.'s which related back 157 City of Denton City Council Minutes August 3, 1993 Page 6 into general debt service payment that came up the following year and took away from operation and maintenance. Fire Fire Chief James Thomason stated that the fire budget was broke into divisions with the overall budget increasing $24,000 excluding personal services. Fire administration showed an increase in services of $29,781 and fixed assets of $3,000. The fixed assets increase was for radio equipment. The hand held radios in the Fire Department were four to five years old and showed considerable wear and tear. Also included in the package were two outdated and nonserviceable pagers to be replaced. Chief Thomason stated that the fire operations budget remained the same except for a $1,000 increase in supplies. In fire prevention, Chief Thomason stated that there was some increase in services primarily due to the fact that the Fire Marshal's division picked up three automobiles during the current fiscal year which required payment of debt service. Fixed assets in Fire Marshal's office included a package for equipment for the fire investigator. In the emergency medical services budget, Chief Thomason reported two small areas of increase in the budget offset by a decrease in services of $28,000 due to retirement of the debt on ambulances. The next fiscal year was the first year to begin a program of refurbishing ambulances. Approximately six years ago, the fire department had told Council that once a fleet was developed with self contained units with generators and supplies, the Fire Department no longer looked at purchasing new ambulances but at refurbishing units. The cost to refurbish one unit was $17,500. Chief Thomason reported that the emergency management budget was eliminated and was absorbed by administration. Council Member Cott suggested as new state art equipment was acquired that the billing of $200 for services be reconsidered to fully billing for cost of services. Chief Thomason stated that the proposed $200 fee was within the average of the north Texas area. Staff was evaluating the cost of supplies and procedures rendered on the ambulance for an additional charge to the base fee. Council Member Cott asked what the collection percentage was on what the city billed. Chief Thomason stated that the collection rate was under 50%. 158 : City of Denton City Council Minutes August 3, 1993 Page 7 Council Member Cott asked what could be done to improve the collection rate. Kathy DuBose, Director of Accounting & Budget Ope~¥.~ ~? stated that a collection agency assisted in the collection p~ The city sent second and third notices to customers befc:~9 tn ~ount went to collection. The city was electronically filing ~.~ ~e payments which assisted expediting payment. City Manager Harrell stated that Finance was working with the F~ Department trying to increase the collection rate. The collectio~ rate was not a unique problem to Denton and that ambulance charges were notorious for running up bad debt, especially in communities like Denton which were influenced by the Interstate. Council Member Brock questioned if the line entitled "subscription to ambulance" referred to the kind of insurance that was introduced for subscribers for an annual fee. Chief Thomason stated that the "subscription to ambulance" line referred to the Denton Emergency Medical Services Membership Program. It was not an insurance program but a subscription membership program. In the next fiscal year, full color brochures were to be sent to every resident in the city's EMS service district including the small cities served and an aggressive advertising campaign launched. Council Member Brock questioned what was the charge per household. Chief Thomason responded that the charge was $36. People who lived outside of the city also paid a $36 one time fee. If the subscriber were a City of Denton utility customer, they could pay out the $36 on their utility bill. Council Member Miller questioned if the move to Fire Station #6 was reflected in the budget. He also questioned if as part of the move to Station #6, that during day there were people in Station #1. Miller also asked if there were any comparable numbers to reflect the Fire Department's record in Denton in terms of response to fires and emergencies like the Police Department so numbers could be compared on a statistical basis. Chief Thomason stated that the annual report from the Fire Department reflected what had been done the past year compared to what was done in years past. For the last 12-13 years, the number of fire runs increased, but fire losses remained relatively constant. Ambulance service had steadily increased. 159 City of Denton City Council Minutes August 3, 1993 Page 8 Council Member Miller stated he had received a report from the Firefighters Association relative to the number of firefighters at a fire scene and stating that seven were necessary to fight the fire safely. Miller wondered what the city's response was and asked that with the proposed budget does the city have sufficient people to respond and safely fight fires. Deputy City Manager Svehla stated that the city responded just as those documents indicated in terms of number of personnel. The city went to a fire differently in terms of how many vehicles were taken to the fire because the Fire Department was spread thinner than the national push for manning. A formal reply the Firefighter Association's report was coming which responded to how the Denton responded to fires and personnel used. City Manager Harrell stated that the kind of manning suggested by the firefighters was better, but it was a matter of very scarce resources. Council Member Miller wanted to be assured that with certain minimum standards to fight fires in the community and for the protection of the employees that Denton does not go below that number. Miller asked if it were an accepted procedure that seven firefighters were needed to safely fight a fire where people were going into a building. Chief Thomason stated that he was not certain that seven was the magic number. The Denton Fire Department tried to have as many people on the scene as possible. The paging system allowed direct call back of firefighters whenever there was a situation where more staff was needed. Council Member Miller asked if the staff felt comfortable that there was enough communication equipment to provide good communication for the staff from a safety standpoint; or if more were needed, how many would that be and what was the cost. Deputy City Manager stated that the number of radios needed and cost of those would be provided. Council Member Miller stated that in some preliminary data one less person was shown in fire operations and one more in fire administration. He questioned what was the effect in terms of folks out fighting fires. Deputy City Manager Svehla stated that the fire operations reduction was the phasing out of the battalion chief position. 160 City of Denton City Council Minutes August 3, 1993 Page 9 When the last battalion chief retired, two new firefighters were to be hired. Council Member Cott asked for clarification that the number seven was up to the Chief and not based on a national standard. Deputy City Manager Svehla stated that the city strived to have fourteen firefighters at a fire. Chief Thomason stated that a typical run included three engine companies with three men each, a truck company which had three men, and an ambulance which had two men which was 14 people with an option for the Captains to call for additional personnel whenever necessary. The Fire Department strived for the optimum safety of personnel at all times. Deputy City Manager Svehla reported that the first meeting with small cities concerning Emergency Medical Services went well. Five of the eight cities served were represented' and agreeable to getting to parity preferably using a three year time frame. Mr. Svehla requested Council direction. Council Member Chew stated that he supported a two year time frame for reaching parity. Council Member Miller stated that with the tight budgets for the small cities and Denton changing the rules on such short notice, three years was a fairer way to reach parity. Deputy City Manager Svehla stated that the disparity was presently $4.00. If the new ambulance fee of $200 was~ implemented, the disparity was only $3. The small cities proposed a 75¢ increase for fiscal year 93/94 to be collected by Denton in fiscal year 93/94. An additional increase of $1.00 for fiscal year 94/95 and an increase of $1.25 for fiscal year 95/96 which brought the small cities to parity. Further discussion concerning ambulance fees ensued and the impact that the per capita increase had on the small cities' budgets. Council Member Chew stated his approval for a $200 ambulance fee for everyone and bringing the small cities to parity in two years. Mayor Castleberry asked if the new ambulance fee was to be increased prior to the new budget year. If so, it should be considered soon. 161 City of Denton City Council Minutes August 3, 1993 Page 10 Council Member Miller supported the three year process for the small cities to reach parity. City Manager Harrell stated that for many of the small communities the per capita charge was a sizeable sum in their total budget. The small cities agreed to the need to reach parity, but all cities were in the budget process and requested the first year to be a modest increase. The Mayor asked for the opinion of the Council on the length of time for small cities to reach parity. Council Member Smith supported three years to reach parity. Council Member Cott gave Council Member Chew is proxy. Council Member Miller supported three years. Council Member Brock supported three years. Council Member Chew supported two years to reach parity. Council directed staff to allow the small cities three years to reach parity. Engineerinq & Transportation Jerry Clark, Director of Engineering/Transportation, stated that the majority of the department's work was with the Utility Department. In the next fiscal year, the department planned to work on Fort Worth Drive from 1-35 to Collins and the CIP. The Engineering budget remained the same with no personnel changes. Two supplemental packages included a Wang Computer for the clerical staff and replacement of a 1985 pickup. The Transportation division continued to expand the closed loop system and continued to work on adding two or three new signals. The line items showed a slight increase in supplies, uniforms, and gas, oil, and diesel. The maintenance line decreased and services remained the same. There were no changes in personnel planned. Streets Mr. Clark stated that street patching was the crews which repaired utility cuts and potholes. Supplies in the proposed budget remained same, but maintenance was going up approximately $7,000. Services showed a slight decrease which was involved with vehicle replacements. The division worked with Motor Pool on replacing equipment by keeping the beds and replacing just the chassis. The division was also working with the garage and refurbishing some equipment. The street construction division does major street rebuilds. Supplies remained same. Maintenance increased and services decreased which was offsetting adjustments for refurbishing vehicles and using money efficiently. 162 City of Denton City Council Minutes August 3, 1993 Page 11 The street lighting division was for the cost of funding lighting for streetlights and traffic signals. Because the State paid for traffic signals on 1-35, this offset the increase in number of streetlights Airport Rick Svehla, Deputy City Manager stated that the budget basically remained the same with no supplemental requests because of the runway extension. The contract for the engineering for the extension was on the agenda to be considered later in the evening. The extension's cost was estimated to be between $1.2 and $1.5 million and was a 90/10 project with the FAA. The contract to be considered tonight was in two phases. The first phase was funded with interest money left from '85 C.O. issue. Mr. Svehla stated that if the Council pursued the grant application for the extension and it was approved, an additional $60,000 - $80,000 request from the unreserved fund balance for our local match was to be made. City Manager Harrell stated that as part of the major budget issues there was proposal for an additional $125,000 in funds for additional street construction which was not reflected in any of the budgets presented. Mr. Clark stated that if the $125,000 were approved after projects for 93/94 fiscal year were completed, the 94/95 fiscal year projects were to be started. Approximately, 37 blocks of streets were to be repaved. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, and Miller ABSENT: Council Member Perry 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Planning Session of June 25, 1993, the Special Call Session of June 29, 1993, the Regular Session of July 6, 1993 and the Special Call Session of July 13, 1993. 163 City of Denton City Council Minutes August 3, 1993 Page 12 Smith motioned, Miller seconded approval of the minutes. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Presentation of a Resolution by Senator Jane Nelson designating Denton as the "Redbud Capitol of Texas". Senator Jane Nelson presented the following resolution to the City Council declaring Denton the Redbud Capital of Texas: By: Nelsont Carriker S.C.R. No. 71 SENATE CONCURRENT RESOLUTION WHEREAS~ The Legislature of the State of Texas takes great pleasure in recognizing Denton as the Redbud Capital of Texas for its magnificent redbud trees that herald the arrival of spring each year; and WHEREAS~ The lovely City of Denton has a long and distinguished history and part of that history is associated with the redbud tree; and WHEREAS~ In 1937, L. H. Hubbard, president of the College of Industrial Arts, now Texas Woman's University, started an extensive program to make Denton a redbud city; and WHEREAS~ President Hubbard established a plan in the 1930s to plant hundreds of redbuds on the college campus and encouraged residents to do the same to their lawns and yards throughout the city; and WHEREAS~ Through the years Denton citizens have held annual Redbud Festivals, crowned a Redbud Queen, and identified trails lined with redbud trees; and WHEREAS~ Designated by the National Arbor Day Foundation as a Tree City USA, Denton encourages the planting and maintenance of the beautiful trees; programs that promote redbud plantings include the landscaping of the future Performing Arts Building provided by the Greater Denton Arts Council, plantings from private donations along Carroll Boulevard, and tree plantings in the landscape medians on University Drive with funds from a grant from the Texas Department of Transportation; and WHEREAS~ During the Christmas Treecycle program held on January 2, 1993, the Denton Rotary Club donated a redbud tree to each citizen who dropped off a Christmas tree for recycling; approximately 300 redbud trees were donated to Denton schools; and WHEREAS~ The Treeline program sponsored by the city utilities department replaces trees under electric lines with low-growlng trees including the redbud; and 164 City of Denton City Council Minutes August 3, 1993 Page 13 WHEREAS~ The citizens of Denton are to be commended for their magnificent efforts to beautify their city through planting and maintaining redbuds and other native trees throughout their community; now, therefore, be it RESOLVED~ That the 73rd Legislature of the State of Texas hereby designate the City of Denton as the Redbud Capital of Texas and extend best wishes to its residents for continued success in the years to come; and, be it further RESOLVED~ That a copy of this Resolution be prepared for the City of Denton as an expression of the admiration and esteem of the Texas Legislature. Bob Bullock President of the Senate (SEAL) Peter Laney Speaker of the House I hereby certify that S.C.R. No. 71 was adopted by the Senate on April 13, 1993. Betty Kinq Secretary of the Senate I hereby certify that S.C.R. No. 71 was adopted by the House on May 26, 1993. Betty Murray Chief Clerk of the House Senator Nelson was presented with a Keep Denton Beautiful pin. 4. Presentation of the Keep Texas Beautiful, Inc. Awards. Dick Engle, Chairman of Keep Denton Beautiful, presented the Governor's Community Achievement award along with $100,000 from the State of Texas, the Proud Community Award, and the Sustained Excellence Award which was received by scoring 90 or above for three consecutive years. 165 City of Denton City Council Minutes August 3, 1993 Page 14 First Place in the Youth Leadership Award was presented to the Panther Paw Pickups from Lee Elementary School. Zan Austin was presented with the Sadie Ray Graff Education Citation Winner. Donna Schroeder was presented with the Sadie Ray Graff Education Certificate of Merit. The Ryan High School Ecology Club was voted the number one high school in the State of Texas. Jeanne Morrison received the Proud Community Individual Award, and Judy Smith received the Proud Community Business Award. 5. Presentation of Yard of the Month Awards for August. This item was pulled to be presented at a later date. 6. Citizen Report A. The Council received a citizen report from Joe Dodd regarding sales tax increases. Joe Dodd, 1107 Greenlee, discussed the proposed 1/2¢ sales tax to offset property taxes. Mr. Dodd stated that he did not believe that any business would make a decision for a sales tax increase. Mr. Dodd stated that with or without the sales tax increase the city would eliminate unneeded services and outdated programs, stop the practice of having slush funds by using unfilled staff positions to provide a little extra money and that the Council would not waste a single taxpayer dollar. Mr. Dodd said most of people he spoke with did not feel the 1/2¢ sales tax would offset real property tax over a period of time. Mr. Dodd felt voters would not approve the increase in sales tax. Mr. Dodd stated that the City of Denton had no economic development board but had an increase in electric charges to fund a small program out of the Chamber. He stated that no amount of retail growth and no amount of retail taxation solved any of Denton's current or long term financial problems. Mr. Dodd supported an Economic Board free of staff control with a clear and simple mission of finding clean, light industry for Denton. Council Member Miller stated that the Council was not approving the 1/2¢ sales tax increase but was appointing an advisory task force of citlzens to study the idea. If the task force found it to be a viable idea, the decision was up to the voters of City of Denton. Miller stated that Denton's Economic Development program was more 166 City of Denton City Council Minutes August 3, 1993 Page 15 than token and was a partnership between the private and public sector. B. The Council received a citizen report from Julie West regarding the City's Comprehensive Housing Affordability Strategy. Julie West, 3908 Atlas, stated that she was a seven month resident of Denton and addressed the comprehensive housing strategy. Ms. West applauded the city on its perspective of assessing homelessness as an integral part of the comprehensive housing affordability strategy. Homelessness affected everyone both directly and indirectly. Numbers of homeless had risen to the highest numbers since the Great Depression. The estimated number of homeless ranged from 250,000 to 1,000,000. The General Accounting Office estimated an annual growth rate between ten and thirty percent. Denton was not immune to homelessness. Available affordable housing had diminished. Ms. West stated it was imperative that the Planning Department continued strides to assess and impact the housing of the homeless. She requested that Denton consider all aspects that affect the homeless person and family including physical and mental health, chemical dependency, social isolation, inadequate government assistance, nutrition, disability and job training. She requested a long term comprehensive approach to curb homelessness in Denton. C. The Council received a citizen report from Willie Hudspeth regarding the city allowing water to be diverted on his property. Willie Hudspeth, 316 N.Bonnie Brae, stated that his concern was twofold. He had spoken to the Council previously of the situation in southeast Denton and asked for Council's help. Mr. Hudspeth had purchased property in southeast Denton to build a home and allowed the Denton Independent School District to purchase a portion of property from him to build a new elementary school. After the sale of the property, Mr. Hudspeth discovered that the DISD planned to put a driveway in a location that destroyed many trees which had made the property so attractive. Mr. Hudspeth felt that no beautification efforts took place in southeast Denton. Mr. Hudspeth continued to try to save the pecan tree located near the driveway the DISD was constructing. He stated that his efforts had included a plea to the Council to stop the destruction of the trees. Mr. Hudspeth stated that Council's reply was that they had no jurisdiction. Mr. Hudspeth stated that most of the trees were destroyed. Mr. Hudspeth stated that he was having a difficult time building his home in southeast Denton and could not get the city to help. Mr. Hudspeth played a video of a previous Council meeting in which Council stated that Mr. Hudspeth and the DISD should work 167 City of Denton City Council Minutes August 3, 1993 Page 16 together to find a solution to the problem. Mr. Hudspeth distributed pictures of his property and contended that the city had allowed the DISD to have their way. He contended that every tree along the fence row would be dead in two years as a result of the ditch that had been built. Mr. Hudspeth's second concern was his request of Council at a previous meeting concerning a concrete plant dumping pollutants into an area where children play. He stated that Council agreed it should be corrected and nothing had been done. Mr. Hudspeth stated that he had gotten a copy from the Charter looking to see if there was an exclusion for southeast Denton. Mr. Hudspeth also stated he had obtained a copy of the city's mission statement because he felt there was an exclusionary provision that said everyone but those in southeast Denton. Mr. Hudspeth felt the Council discriminated against people of the lower economic class. Mr. Hudspeth showed a video of the area of his property that was allowed to have water drained on it which he asked the city to help him with, the pecan tree he was trying to save, the area of the concrete plant, and the area at the back of his property where there was a large amount of trash including the carcass of a dead animal. Mr. Hudspeth contended that none of the concerns were being addressed. Council Member Brock commented that she had received a list of recent code enforcement actions in southeast Denton, many as a result of NICE meetings. Council Members Miller and Brock attended the NICE meetings along with staff where reports were given on citizen concerns from the previous meetings. Brock stated that the city does not discriminate against southeast Denton and the NICE meeting provided a regular interchange between city staff and residents with complaints handled as quickly as possible. Council Member Brock stated that Mr. Hudspeth's concern about drainage on his property, which was located in a flood plain, had been listed on the weekly list of citizen complaints provided to Council. She also stated that a piece of equipment had been rented to work on Mr. Hudspeth's drainage problem while the city equipment was being repaired. Brock felt Mr. Hudspeth was accusing the Council of racism which she felt was not based on fact. She also felt that when he referred to discrimination being based on economics that Mr. Hudspeth was implying that everyone in southeast Denton was really poor which was not true. Brock stated that she had worked with southeast Denton for many years for improvement to that part of the community. City Manager Harrell responded that equipment was rented to get work done on the drainage problem which was on the work 1£~ w£~h completion estimated at an approximate date. Concerning the concrete plant, staff had worked with the company and received a 168 City of Denton City Council Minutes August 3, 1993 Page 17 pledge for plans to move the location that was causing the problem noted by Mr. Hudspeth. Frank Robbins, Executive Director for Planning & Community Development, showed an overhead on the preliminary drainage study submitted when the Tomas Rivera School development was started. The drainage shed around the larger outside edge of the area was the drainage shed where most of the water reached th~ area in question where Mr. Hudspeth had his concern and was now building his house. That was a 22 acre drainage shed. The magnitude of runoff which flowed through the drainage shed and then into the Wilson/Newton area was 58 cubic feet per second in a 10-year storm. With the Tomas Rivera improvement on this property which included catching most of the water in the drainage shed and piping it underground around the school and then back into Pecan Creek to the east, there was only three cubic feet per second going through the area. The city felt the DISD had taken reasonable efforts based on the projection of runoff. Mr. Robbins stated he had talked with Mr. Hudspeth about tree removal in the past. Mr. Robbins showed an overhead with the driveway alternative outlined. Water collected in a cul de sac and went down both sides of the street. There were three protected trees removed with the plan for the alternate driveway. The pecan tree was still in place and the driveway rerouted to avoid the tree. The driveway was close, which was not good for the tree, but the tree was still there. Council Member Miller questioned whether it had been a challenge to build the school in the area given all the issues discussed but the intent of the DISD was to have the school in that area. Mr. Robbins stated that it had been a challenge. He also stated that when Council passed rezoning in the area it included an amendment to the ordinance which stated that in the event any protected trees were removed from the property they were to be replaced with four canopy trees two inches in calliper to be planted as approved by the Planning Department. The plan to replant the trees had not been submitted by the DISD, but it was anticipated that twelve more trees were to be planted to replace the trees removed which he anticipated were to be on the side of the school between Mr. Hudspeth's property and the school. 7. Public Requests A. The Council considered approval of a resolution temporarily closing Sherwood Street from its intersection with 169 City of Denton City Council Minutes August 3, 1993 Page 18 Mistywood Street to its intersection with Shadywood Street on August 7, 1993. Catherine Tuck, Administrative Assistant, stated that David Biles, representing the neighborhood, had requested a street closing for Sherwood Street from 12 noon to $ p.m. for an event from 1 p.m. to 6 p.m. on August 7. Council was provided a copy of signatures of property owners in the area. Opposition had been resolved and the barricades were to be manned so no property owner was denied access. The following resolution was considered: No. R93-045 A RESOLUTION TEMPORARILY CLOSING SHERWOOD STREET FROM ITS INTERSECTION WITH MISTYWOOD STREET TO ITS INTERSECTION WITH SHADYWOOD STREET ON AUGUST 7, 1993; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered an exemption to the noise ordinance at 1207 W. Hickory for Vision Ministries until midnight on August 12-14, 1993. Catherine Tuck, Administrative Assistant, stated that Steve Johnson from Vision Ministries was requesting the exemption to the noise ordinance for three days in August for an outdoor concert. The event was a benefit concert and an outreach effort in the Fry Street area. Mr. Johnson was working with the Police Department for security plans for the event but the plans were not finalized. Mr. Johnson was unable to attend the meeting but had sent a representative. Staff had received one call in opposition. Mr. William Johnson, 424 Stroud Street, stated that there was a change to the exemption request which was until midnight on Thursday and only until 10:30 p.m. on Friday and Saturday. The benefit was for 'food for Vision Ministries which was an outreach organization in the community which assisted with food, education and finances for Denton residents. Council Member Miller questioned whether the event had all ready been scheduled with the performers. 170 City of Denton City Council Minutes August 3, 1993 Page 19 Mr. Johnson stated that the performers had all ready planned to perform on the three nights mentioned. Council Member Miller questioned what the main purpose of holding the function. Mr. Johnson said the event was twofold purpose was to collect food for Vision Ministries and to reach people in the Fry Street area with alternative christian music which had a different message from the normal bands on Fry Street. Council Member Miller stated that he had received a call from a citizen concerned that the event was a combination of booze and religion. He questioned what the alcohol policy was or what was anticipated. Mr. Johnson stated he anticipated some drinking on Thursday night and was not sure Friday and Saturday night once the Christian message was established. Council Member Miller questioned how many folks were anticipated to be in attendance and was that what was being worked on with the Police Department. Ms. Tuck stated that one of the pieces of information that the Police Department was interested in obtaining was an approximation of number of people anticipated to attend. Vision Ministries was instructed to speak with the Fire Marshal's office because of crowd control issues and entrances and exits on some of the businesses to make sure the area was kept clear. Council Member Miller questioned how loud was Christian music. Mr. Johnson stated that the music was the same as other bands only with different lyrics and a different message. Council Member Miller stated that the neighborhood was very concerned about the amount of music in the area and disruption of their peace and tranquility. He questioned if there was any way to regulate the sound. Mr. Johnson stated that the music was pretty loud. Since one band was unable to start until 10 p.m. on Thursday, the request was made for exemption until midnight. If Council was inclined to grant the exemption only until 10:30 on Thursday, Vision Ministries was appreciative. 171 City of Denton City Council Minutes August 3, 1993 Page 20 Council Member Smith stated she had spoken with a gentleman with adult ministries at Denton Bible Church who explained the mission of the Vision Ministries group. Smith questioned if they realized that the Saturday requested was commencement. Mr. Johnson stated that the people they were trying to reach were from Denton and hung out on Fry Street. Council Member Cott asked Mr. Johnson to describe the nature of the relationship of Vision Ministries to the community. Mr. Johnson stated that Vision Ministries was an outreach organization for people down and out and was affiliated with Denton Bible Church with an office located on the Square. Council Member Cott stated that he had several calls from the neighbors suggesting that the fewer interruptions to their life the better. Mr. Johnson stated that the event was not a Fry Street Fair but had a goal to have a positive effect on the folks in the area and not a rowdy affair. Mayor Castleberry questioned if an exemption to 10:30 on all three night was satisfactory. Mr. Johnson stated that the request was still for midnight on Thursday but an exemption to 10:30 was all right. Council Member Smith asked if 10 p.m. was any more of a problem than 10:30 p.m. Mr. Johnson stated that the bands had specific 45 minute sets to perform and was not sure what problems were encountered. Margaret Johnston, 1115 W. Hickory, had filled out card stating she was in opposition to the request for the noise exemption. Council Member Miller motioned for approval of exemption to the noise ordinance for August 12, 13, and 14 until 10:30 p.m., Chew seconded. Margaret Johnston, 115 W.Hickory, stated that she worked hard and liked to rest in the evening which loud music does not allow. She was not sure Mr. Johnson was too familiar with the Fry Street area. It was in the best on condition it had been in the last 17 years thanks to city officials and the Police Department. Ms. Johnston stated she was not against preaching but loud music was loud music. 172 City of Denton City Council Minutes August 3, 1993 Page 21 She stated she thought that the meeting place was inappropriate, and their ministry work could be done at their own facility. She stated that no way the event occurred without more beer sales because it was in the backyard of four taverns. An extension until 10 p.m. was more acceptable than midnight. Ms. Johnston stated that she thought an ordinance which prohibited loud music on vacant lots or parking lots was needed. She also stated a concern of where patrons parked when the concert was on the parking lot. Mayor Castleberry questioned if the motion for the extension until 10:30 p.m. was acceptable. Ms. Johnston stated that she accepted a 10:30 p.m. extension if the music stopped then and the crowd dispersed. Mayor Castleberry called for a vote on the motion for an exemption to the noise ordinance until 10:30 p.m. on August 12, 13, and 14. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "nay", Chew "aye", and Mayor Castleberry "aye". Motion carried on a vote of 4-2. 8. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning a 1.419 acre tract from Single Family - 7 to the Planned Development Zoning district and approving a detailed plan with designated uses for duplex and single-family uses. The 1.419 acre lot is located at the northeast corner of Frame and Uland Streets. Z-93-012 (The Planning and Zoning Commission recommends approval with a condition.) Frank Robbins, Executive Director for Planning, stated that the request was for zoning from $F7 to PD for four single family units and six duplex units for a total of twelve duplexes. There was a fairly substantial area of common open space in the north and northeast side of the property as shown on the detailed plan. There was a substantial intensity violation with the proposal. The D~nton D~v~lopm~nt Plan allocated six units per acre. The proposal was for 11.97 units per acre. The Denton Development Plan study area that the property was located in was 111% over allocated. There was a tremendous amount of contact with the neighborhood by staff and the proposed developer to see how the neighbors felt about the proposed plan. The Council back up provided a positive ~eeling from the neighborhood for the proposal. The Planning & Zoning Commission recommended approval based on the housing diversity policy and the provision of low and moderate income housing in the area. 173 City of Denton City Council Minutes August 3, 1993 Page 22 The Mayor opened the public hearing. John C. Johnson, 2905 Pennsylvania Drive, owner of the project, stated that this was the first opportunity in over 100 years to do something useful and productive with the land. Mr. Johnson was the first buyer of the property from the original estate since 1889. During the 100 years, only two small frame houses were built on the front corners of the land and nothing else was done. The land was level, had no drainage problems, and had utilities. Mr. Johnson stated that he chose to use the land as productively as permitted to help with the continuing shortage of moderate income housing which was the market he continued to try to serve. Mr. Johnson complimented city staff, Mr. Harrell, and Mr. Jefferson for their assistance. Council Member Smith complimented Mr. Johnson on his projects for low to moderate income housing. No one spoke in opposition. The Mayor closed the public hearing. Council Member Brock commended Mr. Johnson's and staff's work with neighbors which had been exemplary. The following ordinance was considered: No. 93-133 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY - 7 (SF-7) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.419 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF FRAME AND ULAND STREETS; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing to consider the preliminary and final replats of Lots 20 and 21, Block 35, Southridge East (Phase One) Subdivision; into Lot 20R, Block 35, The .459 acre tract is located on the south side of Gatewood Drive, between Ticonderoga and Lafayette Drives. (The Planning and Zoning Commission recommends approval.) 174 City of Denton City Council Minutes August 3, 1993 Page 23 Frank Robbins, Executive Director for Planning, stated that the public hearing was for a combination of two lots into one lot. The city was required by state law to hold a public hearing for residential replats. Utilities were in place, and the Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. No on spoke in favor. No one spoke in opposition. Brock motioned, Smith seconded approval of the replat. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council held a public hearing on the proposed annexation of 23.25 acres located north of and abutting Ryan Road on Forrestridge Drive. A-62 Frank Robbins, Executive Director for Planning, stated that the annexation was the next step in the process started in July. The purpose of the public hearing was to take input on the service plan and the annexation. The petition for annexation was a continuation of the Estates of Forrestridge Development. The Mayor opened the public hearing. Buddy Roberts, Daltech Engineering, Dallas, spoke representing the owners of the property, Lodge Construction Company. The intention of the owners was to move forward with the same type of quality housing development as was all ready present in Forrestridge and asked for favorable consideration to the annexation request. No one spoke in opposition. The Mayor closed the public hearing. Council Member Miller stated that the city had the right to annex property without people's permission, but in the case being considered, the city was petitioned by owner of the land in order to avail themselves of city services. 9. Consent Agenda Council Member Cott requested Bid #1522 pulled for further consideration. 175 City of Denton City Council Minutes August 3, 1993 Page 24 Council Member Cott stated that his principle concern was to assure that the historic accuracy was addressed. Tom Shaw, Purchasing Agent, stated that the bid was for renovation of City Hall and Civic Center Park sidewalks. The project was started approximately six years ago as far as trying to determine what to do with the brick sidewalk. The sidewalk had been a liability concern because the city was unable to keep it properly maintained and accident free. After talking to several contractors over a period of time, the city was lead to believe that the reusing of existing brick was far more expensive than replacing with a concrete paver. When funds became available for improvement of the area, bids were sent out for concrete pavers. After bids were circulated, a citizens' group expressed their concern for aesthetic and historical value of the building and the area. An addendum to the bid was sent out with an option to reuse the old bricks and the purchasing of new brick pavers versus new concrete pavers. The tabulation sheet indicated that the base bid for concrete pavers was $26,700 with a deduct for city removal of old brick. The alternate #2 to reuse the old bricks was $16,900 and alternate #3 to use new brick pavers was $29,700. There was considerable discussion between using the concrete paver and utilization of the old brick. When taking into consideration the first three factors which the initial bid was based on, liability, maintenance, and cost, the city leaned toward the concrete pavers. After discussions with the contractor concerning width of brick, possible tilting of brick, the fact the brick was not designed to be a sidewalk at the time, reuse of the old brick was the best option. The low bidder assured that the plan and design the city had in mind gave the city a satisfactory, low liability, low cost sidewalk. The contractor's estimate was that there was 15-20% damaged brick or unusable brick which needed to be replaced. A representative from Acme Brick assured the city that a comparable brick had been located in Oklahoma. The intent of the contractor was to scatter the brick throughout the project so that a cut line was not visible. Council Member COtt commended staff for their efforts. With the highlighting of the Ford Complex, the city needed to be cognizant of every factor. Council Member Cott agreed to return Bid #1522 to the consent agenda. Miller motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. 176 City of Denton City Council Minutes August 3, 1993 Page 25 A. Bids and Purchase Orders: 4. 5. 6. 7. Bid #1520 - Demolition Bid #1522 - Civic Center Park-City Hall Sidewalk Renovation Bid #1512 - Water Meters Bid #1519 - Automotive Filters Bid #1524 - Asphalt Road Materials Bid #1525 - Wire, Cable, Conduit P.O. #35879 - J & M Equipment B. Plats and Replats 1. The Council considered the preliminary replat of Lot 1, Block A of the Denton Square Shopping Center into Lots 1R and 2R, Block A. The 9.5079 acre tract is located at the northwest corner of I35-E and Teasley Lane. (The Planning and Zoning commission recommends approval.) 10. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (9.A.3. - Bid #1512, 9.A.4. - Bid #1519, 9.A.5. - Bid #1524, 9.A.6. - Bid #1525) The following ordinance was considered: No. 93-134 AN ORDINANCE ACCEPTING A 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. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (9.A.1. - Bid #1520, 9.A.2. - Bid #1522) The following ordinance was considered: NO. 93-135 177 City of Denton City Council Minutes August 3, 1993 Page 26 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (9.A.7. - P.O. #35879) The following ordinance was considered: No. 93-136 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye,, Chew "aye", and Mayor Castleberr¥ "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing an amendment to the contract with Freese and Nichols for preliminary design work on the southern extension of the runway at the Denton Municipal Airport. Deputy City Manager Svehla stated that the ordinance allowed for the preliminary engineering design for the southern extension of runway at the airport allowing the runway to be extended to 6000 feet. The city had been successful in purchasing most of the land needed for the extension. Cost for a small additional piece of land, staff time, as well as the cost of the engineering contracts was eligible for reimbursement or for the city's portion of the FAA grant for the extension. The total amendment to the contract was some $71,000, and staff suggested the city spend $37,500 for the actual preliminary design. After that was finished, the city competed for the grant before continuing on with the final engineering. Total cost of the extension was estimated at $1.2 to $1.5 million with a 90/10 split with the FAA. The cost of the 178 City of Denton City Council Minutes August 3, 1993 Page 27 contract and the city's in-kind services applied to the city's 10% match. Council Member Brock questioned if in the initial expenditure was there any cost sharing. Mr. Svehla stated that the initial $37,000 was eligible for our 10% match. The city was doing all of the surveying on the southern area which also counted as part of the city's 10% match. The following ordinance was considered: No. 93-137 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER THREE TO THE AGREEMENT WITH THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Miller seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving an interruptable natural gas sales and purchase agreement between the City of Denton and Taurus Corporation for the purchase of spot market natural gas. (The Public Utilities Board recommends approval.) Jim Harder, Director of Electric Utilities, stated that the next two ordinances were for the spot purchase program. Approximately eighteen months ago, the city was searching for ways to avail themselves of the spot market where gas was purchased on a spot purchase which complied with state purchasing regulations. Approximately one year ago, the city entered into a program patterned after the city of Austin in which the city entered into yearly contracts that were cancelable at any time. Five different gas companies participated with the city at that time. The city established a contract with the companies and then on a monthly basis solicited spot purchases from them and selected the lowest bid given to the city. The program had been very successful. A couple of months ago, the city solicited additional gas companies to participate in the spot market purchase contract program. The two contracts presented were for two more companies willing to participate in the program. Mr. Harder stated that several thousand dollars had been saved on the spot market program. 179 City of Denton City Council Minutes August 3, 1993 - r Page 28 ~ Council Member Cott q~estioned whether the city must buy in Texas. Mr. Harder stated that there was no limitation to where city could buy. Presently, the city's limitation was who transported for the city. In a future CIP, the city was looking at possibly building a gas pipeline out to another interstate pipeline to allow the city to avail itself of the interstate market. The following ordinance was considered: No. 93-138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND TAURUS ENERGY CORPORATION FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried' unanimously. F. The Council considered adoption of an ordinance approving an interruptable natural gas sales and purchase agreement between the City of Denton and Highland Corporation for the purchase of spot market natural gas. (The Public Utilities Board recommends approval.) The following ordinance was considered: NO. 93-139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND HIGHLAND ENERGY COMPANY FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye'.', Cott "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance amending Chapter 2 of the Code of Ordinances of the City of Denton relating tO "administration" by revising Article III entitled Boards, Commissions and Committees by amending Section 2-61 entitled 180 City of Denton City Council Minutes August 3, 1993 Page 29 "requirements generally"; and adding Section 2-65 providing for a limitation for terms of office for boards and commissions; and amending Ordinance No. 93-073 concerning rules of procedure for the City Council by revising Section 8.3 (d) relating to appointments and length of service on committees, boards and commissions; and providing for savings clause. Debra Drayovitch, City Attorney, stated that the ordinance set forth the intention of the Council. The ordinance provided for deletion of the requirement that a board or commission member not be in arrears to the city. The ordinance also provided for limitation for terms of office for board and commission members which was identical to that of the term limitations that the City Charter contained for City Council members. The ordinance also provided some clean up of rules of procedures. Mayor Castleberry stated that the other things that applied to the City Council concerning term limit, coming back to run again, etc. were incorporated into the ordinance. The following ordinance was considered: NO. 93-140 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO "ADMINISTRATION" BY REVISING ARTICLE III ENTITLED BOARDS, COMMISSIONS AND COMMITTEES BY AMENDING SECTION 2-61 ENTITLED "REQUIREMENTS GENERALLY"; ADDING SECTION 2-65 PROVIDING FOR A LIMITATION OF TERMS OF OFFICE FOR BOARDS AND COMMISSIONS; AND AMENDING ORDINANCE NO. 93-073 CONCERNING RULES OF PROCEDURE FOR THE CITY COUNCIL BY REVISING SECTION 8.3 (d) RELATING TO APPOINTMENTS AND LENGTH OF SERVICE ON COMMITTEES, BOARDS AND COMMISSIONS; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. The Council received nominations for members and a chairperson of a Special Citizens Advisory Committee to study a possible sales tax to reduce property tax. City Manager Harrell stated that the item followed the schedule adopted by Council. The formal nomination by each Council Member of two individuals to serve on the task force were made with the actual appointment to be voted on next week at the formal Council meeting. 181 City of Denton City Council Minutes August 3, 1993 Page 30 Council Member Smith nominated Barbara Philips and Bill Patterson. Council Member Chew nominated Dr. William "Bill" Luker and the Rev. Alton L. Donsbach. Council Member Miller nominated Joe Alford and Byron Hart. Council Member Cott nominated Bill Utter Sr. and Roy Metzler. Council Member Brock nominated Dr John Ellis Price and Ellen Schertz. Mayor Castleberry nominated Tom Sass and Dr. Derrell Bulls. Council Member Perry submitted his nomination of Nell Durrance and Dorothy Damico in a memorandum. Mayor Pro Tem Smith nominated Tom Harpool for chair of the committee. At 9:00 p.m. the Council had a short recess. At 9:15 p.m. the meeting was called back to order. Council Members Chew and Cott were absent. 12. The Council considered an appointment of an ex-officio member to the Downtown Development Advisory Board. City Manager Harrell stated that an ex-officio seat was provided and that the person was recommended by the Downtown Development Advisory Board and approved by the City Council. Mr. Mike Bates was recommended by the Board for the seat. Smith motioned, Miller seconded to approve the appointment of Mike Bates as an ex-officio member of the Downtown Development Advisory Board. On roll vote, Brock "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Members Chew and Cott rejoined the meeting. 13. The Council received submission of the effective tax rate and rollback tax rate. Harlan Jefferson, Director of Treasury Operations, stated that the State Property Tax Code required that three tax rates be submitted annually to Council. These tax rates were the effectiv~ r~t~, the notice-and-hearing limit tax rate, and the rollback tax rate. Additionally, the law required that the rates be published in the 182 City of Denton City Council Minutes August 3, 1993 Page 31 local newspaper which was to be done in the Sunday edition. The effective tax rate which was the tax which produced the same income in the upcoming fiscal year as brought in during the current fiscal year when applied to the same property. That tax rate was 74.9¢ per $100 valuation. The notice-and-hearing limit was the threshold which if the city exceeded, the city was required to adhere to several mandatory notices and a hearing on the tax rate. That rate was 3% above the effective tax rate, 77.14¢ per $100 valuation. The rollback tax rate was the highest rate the city could set the tax rate without being subject to a rollback by the taxpayers. That rate was 80.68¢ per $100 valuation. 14. The Council received submission of the certified collection rate. Mr. Jefferson stated that part of state property tax code required staff to submit the collection rate which was used to calculate the effective tax rate as well as the rollback rate. During the 91/92 fiscal year, the city collected 97.71% of the current year taxes. During the current fiscal year of 92/93 through July, the city collected 94.42% of the current year tax rate. The city also took into consideration the delinquent tax rate, the rollback tax rate and penalty and interest in calculating the collection rate, the effective rate and the rollback rate. 15. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. The Council received a recommendation from the '91 Committee. Rick Svehla, Deputy City Manager, stated that the '91 committee met on July 26 to consider using presold or existing bond funds to continue with CIP programs for the coming years. The city had previously sold and had available approximately $1.3 million worth of street bonds. The Council reviewed the approach of using those bonds to continue on with the street portion of the Capital Improvement Program for the next two years. The '91 Committee reviewed that idea and recommended that the city use the existing, available bonds to do all of the street projects in the 93/94 CIP and use whatever portions were left to do street construction from the 94/95 CIP. The '91 Committee discussed procedure. Staff was to bring a list for each of the categories included such as signals, reconstruction of street, etc. and the '91 Committee then recommended to Council for the categories not all ready delineated. 183 City of Denton City Council Minutes August 3', 1993 Page 32 B. The Council received a report regarding the City's Anti- substance Abuse and Rehabilitation Policy (#108.12), Drug and Alcohol Free Workplace Policy (#108.11), and drug screening procedures and practices. Tom Klinck, Director of Human Resources, stated that the city's Anti-Substance Abuse and Rehabilitation Policy, Drug and Alcohol Free Workplace Policy and the drug screening procedures and practices grew out of request from managers and supervisors in the field who were concerned about the safety of other employees and citizens. Approximately, ten to fifteen policies from all over the nation and Texas were reviewed and studied. The first policy was drafted in June of 1988. After extensive review and revisions over two and one half years by employees, management and the Legal Department, City Council conducted two study sessions on the whole issue. Council authorized the resolutions and policies for July 1991 implementation. Mr. Klinck stated that extensive training of managers and supervisors was conducted. Policies and procedures were communicated to all employees at staff meetings. He also stated a great deal of time was spent communicating and advertising the policy in the city's recruitment activities to ensure the public was informed. Communication and advertising efforts were still in place. Mr. Klinck stated that the Drug and Alcohol Free Workplace Policy provided employees a workplace free from problems of use and abuse of drugs and alcohol. The policy stated that employees could have no controlled substances in the work environment, no alcohol on city property or while employees were performing their job duties, and if an employee was convicted, the employee must notify the city within five days. The policy primarily complied with federal law to ensure the city continued to receive federal funds. Mr Klinck stated that the Anti-Substance Abuse and Rehabilitation Policy was named that to reflect policy of the organization that substance and alcohol abuse was a serious problem in our society and that termination of an employee without rehabilitation was not solving the problem. The key policy statements were that employees were prohibited from manufacturing, using, possessing, selling, distributing, consuming and transporting any controlled substance or alcoholic beverage on city property when conducting business or performing a job duty or responsibility and could not be under the influence while performing job duties. An applicant that was shown to misuse drugs and alcohol or had that tendency was denied employment. An employee who developed an abuse or dependency was 184 City of Denton City Council Minutes August 3, 1993 Page 33 assisted with rehabilitation but was not excused from disciplinary action if warranted. Mr. Klinck stated that the procedure part of the policies was the drug screening program. The city followed the National Institute of Drug Abuse recommendations that related to the collection using a certified facility. The certified facility had very specific procedures for collecting and sealing the sample which ensured the integrity of the sample. Mr. Klinck stated the type of test used by the city was an initial screening test that determined if there was a detectable level of a substance and then a confirmatory test if there was a detectable level to establish exactly what level for various kinds of categories existed. The city used established cutoff levels that were recommended by the NADA and the medical profession. The city was not required under federal law to comply with that guideline, but the city followed that guideline. Federal law required that a medical review officer communicate positive test results, but the city was not required to follow that standard so the city communicated results on its own because of the expense of a medical review officer. Mr. Klinck stated that applicants had to pass a drug screen a~ a condition of final employment; and if the applicant had a positive result, they were denied employment. After six months, an applicant could reapply. For employees, the procedure had three levels for testing which were reasonable suspicion, post-accident which resulted in property damage of $1,000 or more, or promotion to a safety sensitive position. If the employee tested positive, the employee was subject the disciplinary action and a mandatory Employee Assistance Program referral. Between July of 1991 and July 1993, the city had conducted approximately 670 drug and alcohol screens with 97% negative results and 3% positive which translated to about fifteen applicants rejected for employment and nine employees who received some form of disciplinary action and an EAP referral. Klinck stated that there were number of success stories with employees who were identified as users who had gone through a rehabilitation program and transitioned back into productive roles in the organization. Mr. Klinck stated that advertising the city as a drug and alcohol free employer discouraged applicants which were users. Council Member Chew asked how the city addressed retesting. Mr. Klinck stated that if an employee tested positive, the employee was given an opportunity to explain the possible reason for positive testing. An option for an employee included that they 185 City of Denton City Council Minutes August 3, 1993 Page 34 could request a retest of the original sample within 10 days and they could provide a second specimen at the same time and have that tested separately. When the employee tested positive on the first test and negative second, the city procedures were to discuss that with the employee and obtain an explanation. If there were no explanation, the benefit of the doubt was given to the employee. Mr. Klinck stated that toxicologist stated that there was a small problem with poppy seeds. The problem was that if the applicant or employee tested positive, the city had no way of knowing if it was poppy seeds or something else so the city required some reasonable explanation. Council Member Chew questioned if our policy was no different than that in Fort Worth and other cities. Mr. Klinck stated that the Fort Worth policy had some minor differences and they actually performed random testing on current employees. Denton's procedure was the same as Fort Worth. Mr. Klinck stated that his department had surveyed Fort Worth, Plano, DeSoto, and Carrollton concerning the policies and procedures. There were minor differences in the policies but basically the approaches were identical and procedures were the same. Council Member Miller asked if the retest procedure was the same for applicants as for employees. Mr. Klinck stated that the city does not provide a retest option for applicants. Council Member Miller asked that if in the case that was publicized had we provided a retest. Mr. Klinck stated that the city provided a retest as an accommodation to the applicant. Council Member Miller stated that because of confidentiality to the applicant the tests could not be discussed with the media but the applicant could. Mr. Klinck stated that the news report was not accurate in terms of what they reported. C. Howard Martin reported that the elevation level of Lake Ray Roberts was at the required point to complete repair of rip rap. The level was to be maintained during the repair project. 186 City of Denton City Council Minutes August 3, 1993 Page 35 D. Mr. Svehla reported that the Teasley Lane utility relocation portion of the project was essentially completed. E. Firefighters were moving into Fire Station #6 shortly. Mr. Harrell suggested Saturday, September 11, for a dedication date which was to be a combination dedication of the fire station and reception for retired Council Member Hopkins. Council Member Brock requested that the time of the dedication be late afternoon. 16. New Business The following items of New Business were discussed: A. Council Member Smith announced the Council was cleaning their Adopt-A-Spot Saturday morning at 8:30. B. Council Member Smith asked if any Council Member were attending the TML quarterly meeting in Benbrook on August 26. Council Member Miller stated that he was planning to attend. C. Council Member Miller questioned if the Fair Association Task Force had been deferred. The Mayor stated that it had. D. Council Member Miller stated that while in Washington D.C. earlier in the week he had visited Representative Sarpalius' office. Representative Sarpalius was looking forward to his visit to Denton and asked about the picture. E. Council Member Brock stated that at the O'Neil Ford symposium a suggestion was made that it was appropriate for Denton to have an annual conference on urban design named after O'Neil Ford targeted for small cities possibly as part of our visioning program. F. Council Member Brock questioned what was the target date for televising of Council meetings. Mr. Harrell stated that bids were out and were soon coming to Council for approval. G. Council Member Brock stated that several Council Members had asked to be notified of the sum of delinquent tax accounts turned over to the firm for collection. 187 City of Denton City Council Minutes August 3, 1993 Page 36 H. Council Member Brock reiterated her request for a report of the city's use recycled paper and double sided printing. 17. The Council convened into Executive Session to discuss legal matters (considered action in Texas Waste Manaqement v. City), real estate (considered acquisition of property for the city's landfill), and personnel/board appointments. No official action was taken. With the further business, the meeting was adjourned. BET~Y WIllIAMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAYO/~ ~ CITY OF DENTON, TEXA~ / ACC00137