Minutes August 22, 1995338
CITY OF DENTON CITY COUNCIL MINUTES
August 22, 1995
The Council convened into a Closed Meeting on Tuesday, August 22,
1995 at 5:15 p.m. in the civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered settlement in Dawson v. City of Denton,
et al.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
1. Held a discussion regarding the appointment,
employment and evaluation of the Municipal Judge.
The Council convened into a Work Session on Tuesday, August 22,
1995 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council received a report, held a discussion and gave
staff direction regarding possible amendments to the current
ordinance to extend construction hours.
cecile Carson, Community Improvement Coordinator, stated that
earlier this year staff was requested to review possibilities of
allowing more flexible hours for construction. Three areas were
looked at for information - a survey of area cities, complaints on
violations, and a survey of builders in the City. The current
ordinance prohibited construction prior to 6:00 a.m. or after 8:30
p.m. on Monday through Saturday and prohibited construction of all
types on Sunday. Of the eleven cities surveyed there was no
consensus on how this issue was handled. A survey of 26 builders
revealed that ten builders requested a 6:00 a.m. starting time and
indicated a preference between summer and winter months. Eighteen
of the 25 surveyed requested Sunday hours. A survey of the Police
Department's disturbance calls and of 17 complaints indicated two
calls were for early hours, two for late hours and three for Sunday
construction. Staff was recommending to allow a greater
flexibility in the summer months by increasing the hours to begin
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City of Denton city Council Minutes
August 22, 1995
Page 2
at 6:00 a.m. and continue to end work at 8:30 p.m. This would be
effective from June 1 - September 30th. Council might want to
consider whether this should apply to all construction or only with
concrete work. The few complaints received dealt with the nailing
guns used to install shingles. The hours during the Fall and
Winter months would be 7:00 a.m. - 8:30 p.m. and expand the
Saturday hours and include Sunday hours. Those hours would be 8:00
a.m.-8:30 p.m. on Saturday and Sunday.
Council Member Brock felt that the staff recommendations were
reasonable and motioned to make such changes to the current
ordinance and place it on a future agenda for consideration.
Council Member Krueger seconded to include any type of building.
Council Member Brock agreed with that provision.
Council Member Cott felt that many people were not surveyed and
those were the residents in areas around the construction site. He
recommended not to pass the motion.
Council Member Young stated that in some areas construction work
did not begin until the night and some of that type of work was
beginning in the north Texas area. He felt that there would be a
time in Denton when a contractor would want to do work at night.
He questioned if a contractor would be able to receive a variance
to extend hours.
Carson replied that currently there was a provision which allowed
for the Council to permit construction work when there was an
emergency or under certain conditions when warranted. Some
companies could not get liability insurance to work in the night
hours especially in home construction.
Council Member Young felt that more contractors would be wanting to
work at night and he wanted to be sure that those contractors would
be able to work at night, if desired. If a contractor wanted to
work on a road at night he could come to Council for permission to
do work at night.
Carson replied correct.
Council Member Miller stated that he agreed with the proposed
ordinance. However, it did not allow any noise at any time.
Carson replied correct that the Police Department would still be
able to address any oomRlaints where there was noise not connected
to the construction. This amendment would allow for construction
noise.
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City of Denton City CouncilyMinutes~[:i.~ ~¥~
August 22, 1995
Page 3
Council Member Miller questioned the beginning time of 8:00 a.m. on
Sunday. He felt it might be more reasonable to have the hours from
1:00 p.m. - 8:30 p.m. due to the issue of noise around a church,
etc. He felt that builders used Sunday only when behind in
schedule.
Council Member Krueger stated that he would accept an amendment if
Council Member Brock would agree. He was interested in the early
hours and would agreed to a change to the Sunday hours.
Council Member Brock amended her motion to have the starting time
for construction be 1:00 p.m. on Sunday. Council Member Krueger
agreed to that change.
Council Member Young stated that he was against that time on Sunday
because the later time would be in the heat of the day during the
summer and in the winter it would be too cold.
Council Member Krueger stated that this was open for a variance.
If a project was pushed for time, they could request a variance
from the Council for additional hours. He did not know of many
concrete companies which would deliver on Sundays. This was a year
round ordinance.
Council Member Brock stated that there were six days of very
generous hours. The builders could carefully schedule their hours
of work and only use Sunday if necessary.
Council Member Miller felt that this was reasonable as it was not
allowed now. There were always trade-offs and it was important to
look at the balance of the community. Sunday was a different day
and if the hours were not allowed on Sunday mornings it would show
sensitivity to the needs of the community.
On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
2. The Council held a discussion and gave staff direction
regarding the formation of a Racial Diversity Task Force.
City Manager Harrell stated that Council Member Young requested
this item be placed on an agenda for discussion as Council did at
its planning session. If it was determined that such a task force
would be appropriate, staff would return with a re~olution for
Council consideration indicating the number of members and a charge
for the task force.
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City of Denton City Council Minutes
August 22, 1995
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Council Member Young motioned to create a task force with three
nominations from each Council Member for members on the task force
for a total of 21 members. The members would represent a random
sample of the community and would return to Council with a solution
to the problem. Mayor Pro Tem Biles seconded the motion.
Council Member Krueger asked if there was a preference for ethnic
make-up of the committee.
Council Member Young stated that the representation should be a
cross section of the community. He felt that the Council would
select people who would be good for such a task force.
Council Member Brock questioned if the task force would be looking
at racial diversity in the City staff or in the community as a
whole.
Council Member Young replied both.
Council Member Brock asked about staff members on the committee.
Council Member Young stated that he was open for suggestions on how
to make up the committee.
Council Member Miller asked if the task force would be looking at
the City's employment practices.
Council Member Young stated that it would be looking at all
aspects.
Council Member Miller asked for a definition on what would be the
charge for the task force.
Council Member Young stated that the task force would study the
employment practices of the City and the City's policy on
minorities and practice of promotions. The task force would also
look at better ideas and understanding of different diverse groups
within the City.
Council Member Cott stated that Council Member Young felt there
were practices within the City which he would like to better
understand and understand on a continuing basis. He felt that
those records might already be done. He asked what was being done
for other ethnic groups which was not being done for Afro-
Am~ri~an~, £~r ~h¢ Hi~pani~, and ~h~ A~ian~ in thc ~mmuni~y.
Council Member Brock felt that that was something the task force
would deal with.
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City of Denton City Council Minu~e~
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Page 5
Council Member Young stated that the City was not fair with
minorities.
Council Member Cott stated that the statistics did not bear that
out. He felt that the population of the city government mirrored
the population of the City of Denton. He felt that Council Member
Young was trying to get something richer which was not going to be
done with such a task force.
Council Member Young stated that something should have been done a
long time ago. There were no Afro-Americans in the Fire
Department, one in the Police Department, three in Utilities, three
in the Parks Department and none in the Legal Department. The
Afro-American directors were the lowest on the pay scale. There
were complaints from Afro-Americans and other minorities within the
city structure indicating that they were discriminated against when
it came to promotions. That was the type of issue which the task
force would study and if true, to come up with a solution.
Mayor Pro Tem Biles suggested that each Council Member appoint
three members to the task force and the City Manager appoint four
members for a total of 25 members. The task force would select its
own chair and would be charged with studying two areas. One area
would be in personnel and would review the City's policies and
ordinances and make recommendations about any inequalities or
inequities in the City's policies or ordinances. This might
include such areas as construction ordinances, the noise exception,
policies on non-profit organizations. The second area would
involve personnel policies and practices in the city and how those
were carried out including hiring, promotions, and pay raise
policies. Another good aspect would be to look at the effect and
impact of the Civil Service system.
Council Member Young also wanted to look at the possibility of
eliminating Civil Service and to create a police review board.
Mayor Castleberry asked Council Member Young if he was in favor of
the change in his motion as per Mayor Pro Tem Biles' suggestion.
Council Member Young agreed as did Mayor Pro Tem Biles to the
change in motion.
Council Member Krueger did not feel that it was in the scope of a
racial diversity task force to look at a police review board. He
rather have them look into recruitment practices rather than a
police review board and even civil Service.
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city of Denton City Council Minutes
August 22, 1995
Page 6
Council Member Cott stated that the Charter of the City indicated
that the City Manager ran the City. It was not the Council's
position to do his job. If Council had questions they needed to
ask those questions properly framed.
Council Member Brock felt it was appropriate to establish the task
force but needed to be sure that the charge given to the task force
did not give conclusions. She suggested leaving the issue of a
charge open longer and allow Council more time to think about the
charge.
Council Member Young called the question.
On roll vote, Miller "aye", Young "aye", Cott "nay"
Brock "aye", Biles "aye", and Mayor Castleberry
carried with a 6-1 vote.
, Krueger "aye",
"aye". Motion
3. The Council discussed procedures and gave staff direction
regarding the appointment of citizens to the Economic Development
Transition Committee.
This item was considered later in the meeting.
The Council convened into a Special Call Meeting on Tuesday, August
22, 1995 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Council Members Cott, Krueger, and
Miller.
ABSENT: Mayor Pro Tem Biles; Council Members Brock and Young
1. The Council held a public hearing regarding the adoption of
the proposed 1995-96 City of Denton Annual Budget.
The Mayor opened the public hearing.
Lorie Mitchell stated that she used the services of the Denton
City-County Day Nursery. The service was needed in the community
and she requested that funding continue for the organization.
Mayor Pro Tem Biles and Council Members Brock and Young joined the
meeting.
Ken Gold urged the Council to provide all the support possible for
the fire fighters and the budget as it was an important quality of
life issue. Twelve new positions would probably be needed if
Central was reopened. The volunteer fire fighter organization was
important and would be a service to the community.
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City of Denton City Councii 'Minu~S~i.i!~i~I ~
August 22, 1995
Page 7
Don White stated that he was here as a taxpayer and property owner.
The Council had done a good job studying the issues. He hoped that
Council added fire fighters and a reserve fire fighting force and
that new hires would come from this volunteer organization. If the
School District employees, UNT employees and TWU employees were
able to have a 3% pay increase, then so could the City employees.
The proposed drainage district took money from the least available
and least able to pay. He did not want a utility district fee
included in his fees. The city had drainage problems but should
not be addressed through a utility district.
Warren Searls requested passage of the human services portion of
the budget as presented.
Ken Stout stated that year after year the City budget escalated.
With new growth and increased property values, the budget should be
closer with better control. Better services were needed with the
money collected for taxes.
Mayor Castleberry indicated that the following were speaker Cards
received from individuals who did not wish to speak:
Linda Nickum-Marshall expressed support for Friends of the Family;
Gary Vance expressed support for the human service budget
recommendations; Cheryl Sutterfield supported the human service
budget recommendations; Dorothy Dami¢o supported Friends of the
Family; Kay Butler supported Friends of the Family and Kerry Goree
supported Friends of the Family.
The Mayor closed the public hearing.
2. The Council received presentations, held a discussion and gave
staff direction regarding the hotel occupancy tax recipient budgets
by the following organizations:
ae
B.
C.
D.
E.
F.
G.
H.
I.
J.
North Texas State Fair Association
Chamber of Commerce Convention and Tourism Bureau
Denton County Historical Foundation
Denton County Historical Museum
Greater Denton Arts Council
Denton Black Chamber of Commerce
Denton County Amphitheater Association
Denton Festival Foundation
Denton Historic Landmark Commission
Denton Main Street Association
Jon Fortune, Chief Finance Officer, stated that staff had received
a recommendation from Council on how to proceed with the
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City of Denton City Council Minutes
August 22,'1995
Page 8
hotel/motel recipients. State law required a budget presentation
from the organizations after it had been determined how much money
they would receive. Resolutions for consideration would be
presented to Council at the September 12th meeting.
Warren Searls stated that he would be available to answer any
questions regarding the Denton County Amphitheater Association.
Mayor Pro Tem Biles motioned, Krueger seconded to direct staff to
prepare resolutions as proposed. On roll vote, Miller "aye", Young
"aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
3. The Council received a budget presentation from the Municipal
Judge.
Sandra White, Municipal Judge, stated she had submitted backup
information regarding three additional matters regarding the court
budget. One item was a package to hire an additional part-time
bailiff. This individual would work part-time in the police
department as a warrant officer and would be a police department
staff individual but would also be a bailiff for the Court. The
current bailiff was a sworn police officer who was delegated to the
Court by the Chief of Police. This particular bailiff was having
to cover both day and night court depending on court hours. Court
was not scheduled on Fridays as the bailiff was not available on
that day. New legislation would be implemented in September which
would require court on Fridays. The current full-time bailiff had
much vacation leave accumulated and when he was gone, an additional
individual was needed to help with Court.
Council Member Young asked if a car would come with another bailiff
if one was assigned from the police department.
White replied that that was another additional package which she
would present.
Mayor Pro Tem Biles asked if the position would be part-time or
full-%ime.
White replied that the individual would be a full-time employee
working part-time in Court and part-time in the police department.
Mayor Pro Tem Biles asked if there had been discussion with Chief
Jez that instead of hiring another employee and instead of buying
another car, why not use a current employee and a current car by
reassigning an officer from the Police Department. He asked if
that would fulfill her objective.
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City of Denton City Council~Minutes~ ~i~ ~i-
August 22, 1995
Page 9
White replied yes if the Police Department had personnel on staff
who might be able to work such a shift and if that individual couId
be reassigned. When this was discussed several months ago, there
were some officers who indicated an interest but that did not mean
that the Chief would not want to replace that officer in the
department.
Mayor Castleberry suggested working with Chief Jez to possibly work
out the situation.
Council Member Miller suggested meeting with the Chief and the
Finance Department to determine if this could be accomplished for
the next budget year with present personnel to cover court services
or if there was a need to hire another individual. A report could
come back next week for Council discussion.
Mayor Castleberry felt that the city had plenty of automobiles and
one should be available for this service.
Council Member Young felt that the Court should have its cat, for
serving warrants and transporting prisoners. The current fleet'was
in terrible condition and a police car should not be taken out of
service to work with the Court. / ~
Mayor Pro Tem Biles asked that an alternative to explore was to
determine if there was available personnel and a vehicle to fUlfill
this request without the addition of new personnel.
Council Member Miller included that if that was not possible, the
reason why and the budget implications.
White stated that currently there was not a car available for this
type of use. There was not a set schedule when issuing warrants.
Her last package dealt with a hallway between her office and the
other rooms in the court area. It was difficult to conduct office
business with the current arrangement as individuals had to walk
through her office to get to other areas in the court.
Council Member Miller stated that the Municipal Court Advisory
Committee would be meeting next week. He suggested Judge White
meet with Bruce Hennington to determine the implications of such a
hallway. The Committee could look at the proposal with
recommendations for Council.
4. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (Bid #1788A)
. ~338 I
City of Denton City Council Minutes
August 22, 1995
Page 10
Herb Prouty, City Attorney, stated that a question was raised
whether or not these contracts were assignable. It was determined
that they were not assignable. There was a provision in both
contracts that the agreement would not be assigned by the developer
without the express written consent of the City. Another question
dealt with when the payment would be made. The contract indicated
that within 30 days of acceptance of the facilities by the city,
the developer would submit expenses to the City and then be
reimbursed.
The following ordinance was considered:
NO. 95-160
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO ENTER INTO
WATER AND SEWER FACILITY COST PARTICIPATION AND WATER MAIN
COST PARTICIPATION AGREEMENTS AND A DEVELOPMENT CONTRACT
AGREEMENT BETWEEN THE DEVELOPER (WAL-MART STORES, INC.) AND
THE CITY OF DENTON FOR THE CONSTRUCTION OF CERTAIN PUBLIC
WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance.
Bob Nelson, Executive Director for Utilities, stated that this was
a participation agreement for water and sewer plan lines for
economic activity for the new Wal-Mart facility. The cost of the
water line was approximately $104,551.95 and $34,371.16 for the
sewer line. The oversizing of the line would install a 12" line
for future development. Only an 8" line was needed with the City
paying for the oversizing on that line.
Council Member Cott expressed a concern on whether the deal with
the land purchaser and Wal-Mart was done. He would prefer that the
City had the money.
On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
5. The Council considered adoption of an ordinance accepting the
mediated settlement in litigation styled Dawson v. City of Denton,
et al; authorizing the City Manager to act on the City's behalf in
paying the settlement and in executing a compromise settlement
agreement and release approved as to form by the City Attorney.
City Attorney Prouty stated that staff was recommending settlement
which was within the authorization given by Council.
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City of Denton City Counci~'i~M~in~:~
August 22, 1995
Page 11
Council Member Krueger left the meeting.
The following ordinance was considered:
NO. 95-161
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING THE
MEDIATED SETTLEMENT IN LITIGATION STYLED DAWSON V. CITY OF
DENTON, ET AL.; AUTHORIZING THE CITY MANAGER TO ACT ON THE
CITY'S BEHALF IN PAYING THE SETTLEMENT AND IN EXECUTING A
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE APPROVED AS TO
FORM BY THE CITY ATTORNEY; AND DECLARING AN EFFECTIVE DATE.
Brock motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Mayor Castleberry stated that Council Member Krueger had left the
meeting with a potential conflict of interest.
6. The Council considered approval of a resolution postponing the
City Council meeting of September 5, 1995 to September 12, 1995.
City Manager Harrell reviewed the budget schedule for the upcoming
meetings.
Council Member Krueger returned to the meeting.
The following resolution was considered:
NO. R95-043
A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF
SEPTEMBER 5, 1995 TO SEPTEMBER 12, 1995; AND PROVIDING FOR AN
EFFECTIVE DATE.
Biles motioned, Young seconded to approve the resolution. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. The Council considered appointments to the Blue Ribbon CIP
Committee.
Council Member Miller appointed Bennie Snider.
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city of Denton City Council Minutes
August 22, 1995
Page 12
Council Member Young stated that he needed to withdraw the name of
David Zoltner and added David Caswell.
Council Member Krueger did not have any appointments at this point
in time.
Mayor Pro Tem Biles appointed Carol Ann Ganzer, Rick Woolfolk, Art
Seely, Betty Powell, Rob Rayner, Larry Collister, and Lew Taylor.
8. The Council considered nominations/appointments to the City's
Boards and Commissions
Council voted on the previous nominations of Robert C. Courtney to
the Plumbing and Mechanical Code Board and Bill Coleman to the
Historic Landmark Commission. On roll vote, Miller "aye", Young
"aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Council Member Brock nominated Joe Dodd to the Cable Television
Advisory Board.
9. The Council received a report, held a discussion and gave
staff direction regarding an on-duty solicitation policy.
City Manager Harrell stated that at the last meeting, Council
amended the ordinance concerning solicitation to allow that
activity, with the proper permits, on streets provided the
organization was a non-profit organization. During that discussion
there was some reference to the Denton Fire Fighters and their
desire to solicit for the Muscular Dystrophy Fill-The-Boot
campaign. There was discussion on the part of the Council
regarding the appropriateness of fire fighters to engage in that
kind of activity while on duty and Council asked that this item be
placed on an agenda for consideration. It was important to not
have a number of employee groups requesting such an activity during
work hours. The solicitation policy now applied to all employees
throughout the organization.
Tom Kllnck, Director of Human Resources, stated that the general
provision was that City offices were for conducting City business.
No solicitations were authorized for contributions, the selling of
tickets or the taking of orders by or of other employees or the
general public while on duty or on City premises. There were two
exceptions authorized under the policy. One was an exception for
the United Way campaign which was conducted one time each year and
was the umbrella agency of the City. The second exception was one
for unusual personal employee hardships which were looked at on a
case by case basis. Possible consequences if other exceptions were
338 L
City of Denton City Council~'Minutes~
August 22, 1995
Page 13
provided might be increased liability and staff costs, increased
visibility and adverse public perception of non-productivity on the
job and increased requests by other agencies and employees or
employee groups to solicit on duty. Staff was recommending that
the current policy of no solicitations on duty be maintained and
that exceptions be authorized by the City Manager.
Council Member Cott asked how the exceptions authorized by the City
Manager were perceived fair in a case of a serious insurance claim.
Klinck stated that this was on a case-by-case basis with a detailed
investigation regarding hardship. For example a benefit dinner
would not be held on premise but might authorize the announcement
of the dinner in staff meetings and the selling of tickets for that
limited purpose.
City Manager Harrell stated that the exception cited was in the
policy. The only general exception which was currently used by the
City dealt with a long standing practice for the city to
participate in the United Way campaign. This was granted to avoid
multiple solicitations. Many of the agencies funded through the
United Way were the same agencies funded by Council through annual
budget appropriations.
Ken Gold appreciated the support of Council for Muscular Dystrophy.
This proposal from the Fire Fighters would require less commitment
from the City than was given to the United Way. This project would
not adversely affect the fire fighters ability to respond to
emergency calls. This would be good public relations for the City
and for the Fire Department.
Mayor Pro Tem Biles questioned what would happen if a fire fighter
did not want to go out and participate in the program.
Gold stated that that individual would be accommodated.
Mayor Pro Tem Biles asked if the event was sponsored by the City.
Gold relied it was up until 1991.
Mayor Pro Tem Biles stated that this was not something done during
the scope and course of employment.
Gold replied that it would be done while on duty.
Mayor Pro Tem Biles stated that it might be done while on duty but
was not being done at the request of the City.
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city of Denton city council Minutes
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council Member Miller asked if the policy was not changed, would
the fire fighters do the project on their own time.
Gold replied yes.
council Member Miller stated that if the city allowed someone to
perform a task it was the same as if the city directed him to do
that task. If done on city time it was legally within the course
and scope of employment.
city Attorney Prouty stated that if a fire fighter was injured or
if they caused an accident, they would be in the course and scope
of employment.
Mayor Castleberry asked if Muscular Dystrophy was now a united Way
agency.
Gold replied no.
Mayor Castleberry stated that the fire fighters
solicit would do so on their own time.
who wanted to
Gold replied yes.
Krueger motioned, Young seconded to maintain the current policy but
direct the city Manager to establish a third exception to allow the
fire fighters to solicit for the Muscular Dystrophy Fill-The Boot.
council Member Krueger stated that the city Manager had established
two exceptions to the solicitation policy. One for the united Way
and another was a case by case basis. He was extending the city
Manager's authority to grant a third exception for the fire
fighters Fill-The Boot. The policy would remain intact but would
add another exception.
council Member Miller stated that he would be voting against the
motion. He was in favor of keeping the current policy and if this
was extended to the fi~e fighters, it would have to be extended to
other employees. He was supportive of the fire fighters and felt
that if the project was worth doing, it would be worth doing on
their own time. This would be setting a policy for a group of
employees which was not a good policy.
Mayor Castleberry stated that he would vote against the motion as
it would open the door to everyone. Response time for fire
fighters was critical and if permitted to do this on work time it
would affect that response time with possible life and death
situations. This was not a good change and he did not see making
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city of Denton city CounciL:.Minutes~ ~.i.~<
August 22, 1995
Page 15
an exception for an additional group.
Council Member Brock stated that she was concerned about the safety
issues involved with fire fighters when seconds counted.
Council Member Young called the question.
On roll vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye",
Brock "nay", Biles "aye", and Mayor Castleberry "nay". Motion
failed with a 3-4 vote.
The Council reconvened into the Work Session on Tuesday, August 22,
1995 in the City Council Chambers.
1. The Council held a discussion and gave
regarding the 1995-96 fiscal year budget.
City Manager Harrell stated that he would be
questions dealing with the fire department.
1. Purchasing of Equipment/Staffing
staff direction
reviewing three
A. Purchasing a quint - This was proposed as an alternative
to staffing if Central was reopened with six fire fighters. There
were two proposals for a squad. One was for the replacement of one
of the back-up ambulances and the second squad would be to help
open Central. The quint cost approximately $500,000. Currently
the Fire Department had $83,666 in their motor pool funds which
could be applied towards the purchase of the quint. The quint
could be lease-purchased over a period of seven years at a cost of
$75,409.
B. Purchasing a combination squad - Cost for this vehicle
was approximately $145,000. There were no motor pool funds so the
equipment could be lease-purchased over a period of five years for
$34,044.
C. Articles regarding squads and quints in other cities -
Council had asked for a list of other departments using squads
which was provided to Council.
Mayor Pro Tem Biles stated that Scenario 2 in the major budget
issues report itemized the costs for a squad and a quint at
$107,000. If that quint was purchased and Central was reopened
with the proposed remodeling costs, would that quint be located at
Central.
Fire Chief Cook replied correct.
338 0
City of Denton City Council Minutes
August 22, 1995
Page 16
Mayor Pro Tem Biles stated that under ISO ratings, the quint would
provide a half credit for an aerial.
Cook replied correct. Under the last survey done in 1990, the City
was required to have six fully staffed engine companies and one
ladder company. Because the quint was used both as an engine and
a ladder company, it supplied only a half credit for that.
Mayor Pro Tem Biles stated that assuming that Central would be
reopened, the proposal would be that one of the present front line
ambulances would be replaced by the squad.
Cook replied no that one of the older units which was too old to
refurbish would be replaced.
Mayor Pro Tem Biles asked where the second squad would be located.
Cook replied that it would go to Station 1. The City maintained a
policy of having an ambulance at each station. Right now the City
had five stations and five medic units. If a sixth station were
opened, it was requested to have a sixth medic unit.
city Manager Harrell stated that one squad was a replacement for an
ambulance. The proposal for a quint and a squad in Central was
staff's attempt to allow the Council to open Central with six
additional fire fighters. The approach was to minimize manpower
which required the purchase of additional equipment. If Council
wanted to increase the number of fire fighters to open Central,
then those pieces of equipment might not be necessary. If more
than six fire fighters were hired, not all the equipment would be
needed.
Cook stated that if twelve fire fighters were hired that would be
a full company to maintain the ladder company and add an engine.
Mayor Castleberry stated that a quint would do only half of what a
snorkel would do.
Cook replied only because a ~norkel wa~ a dedioated ladder company.
Mayor Castleberry stated with the CIP
included in the CIP program. He felt
repair to the department.
coming up, it could be
a quint was a temporary
Cook replied that it would be a maximum ~tr~hing of available
personnel resources.
3351~ p
city of Denton city Council Minutes
August 22, 1995
Page 17
Mayor Pro Tem Biles stated that the current policy for an EMS call
was to send out an ambulance and an engine or truck which would
mean five fire fighters and two vehicles.
Cook replied correct. That was done for enhanced response time and
for personnel.
Mayor Pro Tem Biles asked if a squad was purchased, would the
policy of sending two vehicles out change.
Cook replied only if the staffing would change and if directed by
Council to change the policy.
Mayor Pro Tem Biles stated the majority of calls would still have
two vehicles sent out and if so, then why not buy an ambulance
which cost much less than a squad.
Cook replied that that would be one alternative with the existing
staffing. The advantage of a squad would be in those cases where
the front line ambulances were all out and a fourth or fifth
ambulance was needed, there would be dilemma of what to send. An
engine would not have transport capabilities. An ambulance did not
have fire fighting capability. More ambulances were needed
regardless of what was done.
Council Member Cott felt that nothing could be done until Council
agreed on the amount of dollars they were willing to spend. Then
give those dollars to the Chief to fix the situation.
Council Member Brock asked for the cost of an ambulance.
Cook replied approximately $120,000.
Council Member Brock stated that that would be as opposed to
$145,0000 for a squad.
Council Member Krueger stated that he had been told that the squad
provided an extremely rough ride and did not provide the service
needed.
Cook replied that anytime capability was added, some aspect was
compromised. A one ton ambulance did not provide the same comfort
as other ambulances but added more size to the box which provided
added service.
2. Fire Department staffing and volunteer fire fighters.
City Manager Harrell stated that Chief Cook had provided Council
338 i~
city of Denton City Council Minutes
August 22, 1995
Page 18
wi...t~.~,~:, y~.~y of different uses for volunteers. Two specific
p~o~r~am~ ~e ~Dossible. One would hire approximately 42 volunteers
to, s~aff. ~, single medic unit from 1900 hours to 700~'hours seven
days ~.week~and from hours ~to 1900 hours on the weekends. If 42
v01D~g~,~e hired, it would mean that each volunteer would work
o~e i'~"~O6~"s~ift every three weeks. The total cost for that type
of~.. p.~ wg~ld be approximately $118,639 plus insurance which
would.~s~a~proximately $20,000. The second program would be to
o~a~"'tw~'; volunteers as fire fighters only with a cost of
$8~7~9,~,'~nsurance costs of $10,000.
Mayor. Cas~!e~rry stated that his purpose for volunteers ~ould be
a-i~ese~Ue~a~d'~not one which would be assigned a t~me. Th~s would
bg,;~i., ~i~ual who was trained and who would be strictly
volun~,~r-~
Cook~re~lie~,.%hat that would be Option 2.
council-M~mber Miller asked about other departments in the area
whigb~,m~gh~-use such volunteers.
Cook replied,that it was done in the smaller communities. The
largest, o~e he knew of was Grand Prairie which had about 20
voi~lt~:'Most cities the size of Denton did not use volunteers
f, ~,~,l~e~,su esslon.
C~n~il.~M_9~,,~r Brock stated that there was the possibility of
ha~jl~g/~2~eserves available should vacancies occur with hiring
..f~,..p~,~t~B%%~erves. She questioned about having to hire from a
l~st .... ,~
Cook. replied..t~at the Civ$1 Servic~ process would not change. The
citY', W~ld..S~lll be required to give a test and to hire off the
list:based~on:scores. The advantage of having such a program would
~'~~'~training to those who would be eligible to take the
test.
Council Member Young stated that a reserve volunteer fire
d~pa~m~n~ would,, open the door for Afro-Americans and other
minorities.
Mayor---Pro. Tem Biles stated that he would like a written City
~%%,~rn~,.e~/~.~.~qi_~ion on this issue.
City Attorney Prouty stated that they had already submitted a draft
opinlon~An~outside attorney had issued a previous opinion on this
and staff had submitted to her the draft for her opinion.
338 R
City of Denton city council Minute
August 22, 1995
Page 19
. · su ested a proposal to consider for a
council Member M~l~r_ _gg~___ ~--~uded in the agenda back u?
start%ng point which naa u~ ~ .... . -
materials. He suggested adding twelve fire fighter/EMS personnel
and the reopening of Fire Station Number i on a phased-in basis.
six firefighter/EMS personnel would be approved as of October 1,
six
1995 to increase staffing in existing stations.
firefighter/EMS personnel would be approved as of April 1, 1996
along with the necessary apparatus to staff and reopen Station
Number 1. It was proposed to use $231,912 of the fire reserve fund
for this year. The best way, in the short run, to take care of the
problem was to take care of the immediate needs. All options to
reopen Central would make the most sense and would have the support
of the community.
Mayor castleberry stated that there would be a new fire chief after
October 1st. He felt it best to add six fire fighters as proposed
in the budget and look into having an independent qualified
individual study what would be best. He felt it was time to have
people who could look at the issue rationally without politics.
council Member Young stated that he liked council Member Miller's
proposal and felt it was a workable solution. He felt that a new
chief might need help when the Police chief was his boss. He felt
that the Fire chief should be over fire and the Police chief be
over police.
Mayor Castleberry stated that he would like to see the City Manager
add this proposal of having an independent expert look at the
situation to the council list of possibilities.
council Member Krueger stated that there was an expert last year
who wanted eight firemen. These types of decisions were for the
Council. He felt council Member Miller's proposal was excellent
and that was what needed to be done. The proposal was right and
fit into the budget.
Mayor Castleberry stated that the council was not in the decision
process at this point in time.
Mayor Pro Tem Biles stated that closing Central left a major gap in
the heart of the city. A majority of homes in District Three from
the Fairgrounds to where he lived had inadequate protection. Ne
felt there was a need to reopen Central as soon as possible. For
the 1995-96 budget h~ wa~ in favor of reopening Central.
council Member Young stated that he was in favor of adopting
Council Member's proposal as soon as possible.
City of Denton City Council Minutes
August 22, 1995
Page 20
city Manager Harrell stated that this item would be kept in front
of the Council during the decision making process.
Council Member Miller asked for the procedure. Last year items were
taken individually. Council had agreed that this was the first item
to discuss. He did not see why Council did not follow the
procedures done in previous years and decide if this was the first
item to consider.
City Manager Harrell stated that in past years all of that
balancing was done in one meeting prior to the ordinance being
adopted. All major issues were considered that evening and the
budget balancing was done in one evening.
Young motioned, Cott seconded to reopen Fire Station Number One by
April 1, 1996 or as soon as possible. To accomplish this six
additional fire fighters/EMS personnel would be hired and the
required equipment per Scenario 2, page 9 and 10, proposed budget
dated 7/7/95 would be leased.
City Manager Harrell asked that if Council proceeded with this
motion that the Chief be allowed to analyze the apparatus portion
of that motion. There was a good possibility that those costs
could be reduced.
Mayor Pro Tem Biles asked if Council Member Young would accept a
friendly amendment to his motion to continue to address the issue
of the quint and squad. Fine tune the equipment later but accept
the general scenario.
Council Member Young agreed to accept the change and called the
question.
City Attorney Prouty stated that when a Council Member wanted to
move the previous question, it needed a second andwould require a
2/3's majority.
Krueger seconded the motion to call the question.
On roll vote to call the question, Miller "aye", Young "aye", Cott
"aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "nay". Motion carried with a 6-1 vote.
On roll vote of original motion, Miller "aye", Young "aye", Cott
"aye", Krueger "aye", Brock "aye", Biles "aye" ~ and Mayor
Castleberry "nay". Motion carried with a 6-1 vote.
Council returned to Work Session Item #3. , ~
338 T
City of Denton City CounciI~Minutes~, ~ ~.
August 22, 1995
Page 21
3. The Council discussed procedures and gave staff direction
regarding the appointment of citizens to the Economic Development
Transition Committee.
Council Member Young left the meeting.
City Manager Harrell stated that last week Council approved a
contract with the Chamber providing for an Economic Development
Transition Committee. The membership of the Committee called for
the Chamber to appoint three members and the Council to appoint
four members.
Council Member Young returned to the meeting.
Mayor Castleberry stated that there was a recommendation for this
procedure.
Betty McKean, Executive Director for Economic Development and
Municipal Services, stated that a possible scenario for appointment
to the Committee would be that the Council appoint a nomination
committee of three members. Each of the Council Members would
submit to that nomination committee an unlimited number of
nominations with a statement of qualifications. The Council
committee would meet to discuss the nominees and their
qualifications and developed a refined list. Council would make
contact with the nominees to see if they were willing to serve on
the Committee. The Council committee would then meet with the
Chamber Executive Committee for a final list of nominees. In order
to meet the October 1st deadline, the Council would need to appoint
their four members on September 19th.
Council Member Brock stated that the slate of potential nominees
would be agreed on between the Council committee and the Chamber
Executive Committee.
McKean replied that it was a matter of sharing information so that
if there were overlap, the suggestion to carry forward would
resolve those issues.
Council Member Krueger felt that all seven members of the Council
needed to be involved in the process. He did not like the
appointment of a three member committee.
Mayor Castleberry suggested that each Council Member nominate a
certain number of individuals to put in the process.
Council Member Brock felt that some type of screening process was
needed with small group discussions.
~'3.3.8 u
City of Denton City Council Minutes
August 22, 1995
Page 22
Council Member Krueger felt that time was important. He felt that
each Council Member probably had at least one or two individuals he
would like to appoint. The Council could meet in a work session
and discuss the appointments. He did not feel the interview
process was necessary. He suggested that each Council Member
suggest two - three names for the committee.
Council Member Young suggested having four names and then eliminate
the names down to the final four. He asked if the individuals
needed to reside in Denton.
McKean replied yes.
City Manager Harrell stated that the Council needed to keep in mind
that if a quorum of the Council met to discuss the nominations, all
of that would have to be done in public, would need to be posted,
etc. If Council started eliminating nominees, it would have to be
done in public. The suggested process was a way to allow a small
group the opportunity to interview and discuss in detail with each
nominee the commitment for the committee. That Council subcommittee
would return to the Council with eight names to be pared down to
the final four. The Attorney's office previously ruled that a
small group which did the work of a full Council would have to be
done in open session. Staff tried to design a system which might
afford some privacy for the various individuals being discussed.
Council Member Miller suggested that each Council Member nominate
two individuals and take it upon themselves to interview those two
and make sure they had an understanding about the time commitment
needed to be on the committee and make sure that they understood
about being considered in open session. That would give fourteen
names to consider.
Council Member Cott stated that Council needed to address the
concept that all the money was coming from taxpayers and none from
the Chamber. The Council was responsible for that money and there
was a need to be sure that no one spent the money except for
Council.
Council Member Miller stated that this was still a transition team
which would make recommendation for a permanent board. At that
time the Council would have to make a decision on who that board
would be and revisit the issue of allowing elected officials on the
committee, etc.
City Manager Harrell stated that the economic transition committee
had two responsibilities. One was to make a recommendation on the
permanent structure, if one was recommended, for an economic
338-V
City of Denton City Council Minutes
August 22, 1995
Page 23
development committee. The second charge would be to oversee and
administer the funds sent to the Chamber to run the economic
development effort. Approximately $100,000 would be given to the
Chamber and this board would oversee that money to make sure it was
spent wisely. No City staff member could be on that board.
McKean stated that the agreement passed last week dealt with that
issue. The amendment stated that until such time as the Economic
Development Corporation was formally established and in operation,
the Chamber would remain accountable and liable through the
direction of the President, for fiscal management, dispersement of
funds, supervision of Economic Development Chamber staff, and
fulfillment of the original program goals.
Biles motioned, Young seconded to adopt an open nomination process
whereby each Council Member would make nominations at the next
meeting of three nominees. Each Council Member would be accountable
to confer with his nominees that they understood the
responsibilities of the position and were willing to commit to the
time involved. After nominations were received at the next
meeting, the Chamber President and Ms. McKean would be authorized
to speak further with the nominees for additional information.
Council would vote on the nominees on September 19th.
Council Member Miller asked what the process would be after the
Council discussed the nominees.
Mayor Pro Tem Biles stated that the City Manager or his designee
and the President of the Chamber would meet to develop further
information for the benefit of the Council.
Council Member Miller asked if the Chamber nominees would be chosen
in the same manner.
Mayor Pro Tem Biles did not feel that the Council could bind the
Chamber.
Council Member Miller felt that the Chamber should go through the
same process as the Council. He suggested presenting the
nominations on September 5th and finalize them on September 19th.
Mayor Pro Tem Biles agreed to change his motion to September 5th.
Council Member Krueger suggested changing the motion to state "up
to three" nominations.
Mayor Pro Tem Biles agreed with that change as did Council Member
Young with his second.
338 W
City of Denton City Council Minutes
August 22, 1995
Page 24
On roll vote, Miller "aye", Young "aye" Cott "aye" Krueger "aye"
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
With no further business, the meeting was adjourned 10:25 p.m.
~NN-~R WALTERS
~TY SECRETARY
CITY OF DENTON, TEXAS
ACC002B3
MAYoRBOB CAS~LEBERRY T~ ~
CITY OF DENTON, S