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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 338 A 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. 338 B 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. 338 C City of Denton City Council Minutes August 22, 1995 Page 4 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. 338 ~D City of Denton City Council Minu~e~ August 22, 1995 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. 338 E 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. 338~ F 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 338 G 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. 338. H 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. 338 O 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. 338 K 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. 338 M city of Denton city council Minutes August 22, 1995 Page 14 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 338' N 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