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Minutes January 14, 1997CITY OF DENTON CITY COUNCIL MINUTES January 14, 1997 The Council convened into a Closed Meeting on Tuesday, January 14, 1997 at 5:15 p.m. in the Civil Defense Room of City Hall. "PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Discussed and considered Personal Injury Demand of Attorney for Mr. and Mrs. Fred Evans on behalf of their daughter, Crystal Evans. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 1. Annual Performance Evaluation of Municipal Judge. 2. Annual Performance Evaluation of City Attorney. 3. Annual Performance Evaluation of City Manager. The Council convened into a Work Session on Tuesday, January 14, 1997 at 7:00 p.m. in the City Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, and Young. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding an update on the effect of extended hours for alcohol sales. Mayor Miller indicated that this was a review of an ordinance which allowed establishments to receive an extended hours permit and stay open until 2:00 a.m. One of the provisions of the ordinance was to receive information a year after passage and to determine where to go from there. Mike Jez, Executive Director of Public Services, stated that on December 13th he provided Council with a report with comparative data regarding the first 290 days of the late hours permitting ordinance. A concern he had expressed at the time of passage of the ordinance dealt with a shift of the distribution of the police officers work load. This shift would primarily change the activity of the officers related with alcohol sale and consumption from the 12:00 a.m. - 2:00 a.m. time frame to the 2:00 a.m. - 4:00 a.m. time frame. It appeared that that shift in activity did take place and in fact there was an increase in police related activity in the 291 292 city of Denton city Council Minutes January 14, 1997 Page 2 2:00 a.m. - 4:00 a.m. time period. The overall net effect in the shift of activity indicated alcohol-related arrests increased by only 2.8%; alcohol-related accidents increased 5.7%; alcohol- related citations decreased by27.2%; domestic citations increased by 4.4%; loud party/noise-related citations decreased by 11.2%; DWI arrests decreased by 5.9%. He felt that a 290 day period was a short period of time to establish a data line. Council Member Biles agreed with the Chief that a 290 day base line was insufficient to look at the numbers. Another relevant period of time was the ability to institute and follow through with a new effort with the Fry Street Area Merchants Association. The 2:00 a.m. ordinance at 290 days gave rise to number of concerns. He reassured all that Council had taken a hard look at this. The greatest area of attention was the Fry Street area. The Merchants Association, within the last 60-90 days, had an opportunity to begin new measures and that area of town will continue to receive the highest degree of attention. The Merchants Association was not just comprised of the bar owners but also of barber shops, real estate owners, and other merchants in the area. The steps which they instituted should be given more time. He was not sure of the amount of time but it should be enough time to test its effectiveness. Biles motioned, Young seconded that the Chief of Police be directed to continue and intensify efforts in conjunction with the University of North Texas Police Department, in particular the Fry Street area. Based on the types of calls he had received, he felt the complaints were from area residences. The sphere of influence of the two police department needed to be enlarged to others areas. During these new hours, the patrols should be increased in the neighborhoods. The sphere of influence should be increased bythe two police departments beyond the Fry Street area and continue to monitor the numbers to see if additional enforcement improved the circumstances of violations in the area. He felt there would be a greater degree of information received from the police store-front in the area. The motion would be to enhance and intensify the joint efforts with the University of North Texas Police Department and to enlarge the sphere of influence of patrols during key hours in the neighborhoods. He had not heard many complaints from other parts of the city. Since a program was started in that area, there was a need to continue those efforts. Mayor Pro Tem Brock asked if there had been a gradual increase in arrests and accidents related to alcohol. Jez replied that he did not have a five year trend analysis for those figures. Mayor Pro Tem Brock stated that she was in support of the motion but felt that there were also responsibilities with extended hours. The business people started a merchants association and were City of Denton City Council Minutes January 14, 1997 Page 3 ~.~,~.. ..... 293 working with the City's Development office. There were some changes already in this area. She challenged the business people and others in the area to accelerate their efforts which they had started in the last three months. One area was to reduce the nuisances in the area, to think of ways to be sure people were not performing acts which they should not be. She had suggested that the bar owners use the extra profits to do clean up in the area to be sure the area was clean. She hoped in the next six months to see an improvement of appearance in the area. There was a lot of repair work to do in the area. If the late hours contributed to the physical deterioration of area as well a people deterioration, she felt it would need to be looked at again. With everyone working together, there should be an upgrade of the area. She felt that the merchants should pay for some of the expenses involved in upgrading the area. Two consultants who worked with vision felt that Fry Street had a unique feeling. She felt the area could be improved and made into a positive area. Council Member Biles stated that he would like to modify his motion to include another component. The first was to intensify joint efforts with the University of North Texas Police Department, the second was to enlarge the sphere of enforcement and the third was to direct the Development Office, the University and the Police Department to specifically address these issues with the Merchant's Association. Council Member Young agreed with that addition to his second of the motion. Council Member Cott asked if the figures stated by Chief Jez included only the Fry Street area. Jez replied no that they included the entire city limits. Council Member Cott stated that there was no real measures as yet. He had a petition placed on his desk and asked if that was only from the Fry Street area. Mayor Miller stated that Mickey George had submitted the petition to the Council. Council Member Cott asked if there were a certain number of signatures which were required before being submitted. city Attorney Prouty stated that he had not seen the petition but to repeal an ordinance or to enact a new ordinance, a petition required 25% of the registered voters who voted at the last regular election of the city which would be the last City Council election. It also had to meet certain specifications as noted in the City Charter. 294 City of Denton City Council Minutes January 14, 1997 Page 4 Council Member Beasley stated that she had had discussions with area merchants. She suggested a different challenge which would be to have the merchants and neighbors working together to see what could be done. The complaints and concerns which she had heard were mainly from the Fry Street area and not from other places in the City. She suggested having the neighborhood, together with the merchants, try and work something out to make some of the improvements. She would support the motion and felt that if all worked together in the area improvements would be seen. Mayor Pro Tem Brock stated that some of the club owners had hired off-duty police officers and should share some of the responsibility of these improvements. She was concerned that some club owners felt it was police harassment when they enforced the issue of sales to minors. That was not the case but was part of enforcing the law.. Council Member Young felt that not all of the problems were from the merchants. There were young people who did these types of things. The merchants upheld their end of the deal made last year. The problems discussed were social problems experienced all over. There were young people taking beer from home and drinking it on Fry Street. Some people were driving by in cars and selling beer to minors in the area. All needed to get together and work out ways to solve these problems. Mayor Miller stated that the motion was to give staff direction to continue to study the issue and to work to change the behavior of those involved. As a member of the Council he attend meetings of the Texas Municipal League and the National League of Cities and both organizations have sub-groups of communities with universities. These groups have had discussions on what it was like to be in a university community. About 98% of the discussions were very positive but also there was 2% which was not as positive. The Council was looking at trying to have an environment acceptable to citizens but must also realize that this was a university environment. He did not see anything which had caused a drastic change in the community over the last year's time. He would be voting for the motion. Everything possible should be done to make sure minors were not being served. It was the responsibility of the owners to not continue to serve those individuals who were obviously over inebriated. This also fell under the noise ordinance. The noise ordinance indicated that there was a different level of tolerance after 10:00 p.m. This should be looked at not just at 2:00 a.m. but at all hours of the evening. Council Member Cott asked that the motion be repeated. Mayor Miller stated that the motion was in three parts. The first was to have the Police Department work more closely with the University of North Texas Police Department to enhance enforcement, the second was to enlarge the area of enforcement beyond Fry City of Denton City Council Minutes January 14, 1997 Page 5 295 Street/Avenue A, and the third was for the Development Office and the Police Department to work with the Merchants Association to develop specific issues to address and to work towards those issues. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 2. The Council received a report, held a discussion and gave staff direction regarding the adoption of the Parks and Recreation Department Strategic Plan. (The Parks and Recreation Advisory Board recommended approval.) Ed Hodney, Director of Parks and Recreation, stated that the purpose of the document was to replace an old existing plan made in 1984. That plan had been accomplished and it was now time to move on. The new document would provide guidance until the year 2000 for capital improvements recommendations and projects. It would provide guidance for budget development and for service and program development. It would also provide a philosophical foundation for the City's response for anything which was not specifically addressed at this point in time. The document created a model for change as a department and for a management tool as well. It would help the department maintain its eligibility to apply for and receive State funds for grants. The new plan set the stage for real progress for the next few years. Throughout the process, which took approximately three years, about 400 individuals had some role to play in the development of this plan. A large number of those individuals gave their input through a survey. This process incorporated the work of the Vision project. The Executive S,,mmary of the Strategic Plan indicated a statement of core values and principles. It provided an operational feel for each of the team members. There were nine major goals, twenty nine specific strategies and eighty five specific actions included in the plan. 1995 was the first year of plan. The strategies defined the way to specific goals and actions and how to complete the strategies. Mayor Pro Tem Brock asked about a wild plant center which was a consideration and if that would conflict with a botanical garden which was included in the plan. Hodney replied that the wild plant center could be a formal garden setting or informal with a wild flower demonstration area. It could be on the ordar of a nature center at South Lakes Park. Staff was looking to see if there was any interest in the concept. Mayor Pro Tem Brock stated that one area to consider would be whether there would be any overlap or conflict between those two ideas. Hodney stated that another area of the plan was a study on ways to boost productivity in certain areas and to determine the best ways 296 City'of Denton City Council Minutes January 14, 1997 Page 6 to improve services. The plan would also work on understanding how much the operation cost. An annual review of fees and charges for facilities was recommended in the plan. The Denton Parks Foundation had been fairly inactive in the past. The purpose of the Foundation would be to gather fund raising support for parks and recreation activities. One goal of the plan was to get the Foundation back up and running to assist with the funding of proposed programs. Mayor Pro Tem Brock stated that last week the Council was looking at two proposed developments which had proposed a private park system. There was some discussion on whether that type of park would be maintained by a homeowners association and then become a part of the city system. She assumed that when a park was operated and financed by a homeowners association, the general public did not have access. If the City was running and financing it, all the public would have access. Hodney replied that it could work that way. One of the developments had proposed that the land be dedicated immediately as public park land but the cost of running the park would be absorbed by the homeowners association. Council Member Beasley stated that she liked the accountability portion which would review progress during the year. Council Member Young stated that he always said that Denton had good schools and good parks. He hoped there would be a park in the Willow Creek area but did not see anything in the plans at this point in time. He felt that staff needed more diversity in hiring in order to truly reflect the community. Council Member Biles requested a list itemizing and describing each of the CIP projects and a current inventory of parks. Mayor Pro Tem Brock asked where the hike/bike trail system came in. Hodney stated that there were two major elements in the system. It was not placed in the document as it was still in a draft mode. Mayor Pro Tem Brock asked what was the completion date of the rail to trail plan and the Ray Roberts trail. Hodney stated that the rail trail was proceeding into design and would be completed approximately by 1998. The Ray Roberts Green Belt was currently under construction and was to be completed by October of 1997. The only question was what happened between the two points. There was a need for some type of funding to make that connection. Mayor Pro Tem Brock stated that one suggestion of the Tree Board was a legacy forest in which someone would buy a tree and maintain City of Denton City Council Minutes January 14, 1997 Page 7 297 it in honor or dedication to someone. It might be good to include that idea in the master plan. Hodney stated that it was indirectly mentioned under promoting tree planting efforts. The legacy forest program was already initiated and staff was working on promotional materials for the program. Young motioned, Beasley seconded to return with an ordinance for consideration at the following Council meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 3. The Council received a report, held a discussion and gave staff direction regarding Robertson Street funding. Rick Svehla, Deputy City Manager, stated that there were two projects in the CIP related to this issue. One was a study for the Downtown area and the other was funding for Robertson Street. A consultant was hired to look at the design for Robertson Street. The study began with looking for a way to pipe the water around the railroad overpass on Robertson. Once that study was started, the consultant began looking not only at how to pipe the water around the overpass but also piping it under Bell Avenue. That was done for two reasons. A longer structure to carry drainage water was more efficient. The second reason was that the Utility Department was looking at building a large water main in the same area. There were three options for this project. The first was an open channel. The advantage of an open channel was that it was the least expensive but if it was built on Robertson Street, there would no longer be a street. That option was not really viable. The second option was a box culvert which was a buried square pipe. The advantage of this option was that it would leave the same height clearance for the Robertson Street underpass. The disadvantage was that it did not carry much water in terms of efficiency. The third option was a crown span which was the most efficient and the most expensive of the alternatives. It would change the height capacity of the railroad overpass by one foot. This option was favored because with this structure and the existing pipe strucutre, all of the water in a 100 year storm would be carried and thus there would be no flooding at Bell and Robertson Streets. Mayor Miller asked if the open ditch would remain. Svehla replied yes plus the street would be realigned. Mayor Miller asked if trucks would be able to get through if the height were reduced. Svehla replied that some trucks were some higher than 10½ feet. The major effect would be on utility trucks which would have to use another street. Some emergency vehicles would not be able to fit 298 City of Denton City Council Minutes January 14, 1997 Page 8 under the crown span such as the quint. That would require a change in route runs in order to not change response time. Chief Chadwick was comfortable with a change in route and felt that it would not impede fire response. Council Member Young asked if option two would change the height of the overpass. Svehla replied no but it also was not as efficient. Council Member Young asked if it would cover a 100 year flood. Svehla replied no. Council Member Young expressed a concern about a fire truck response in that area of the city. Svehla replied that a smaller crown span could be built but it would not carry as much water. Council Member Young stated that that area was crucial as it was the only way to get into that area when there was a train on the tracks. Council Member Biles stated that with the crown span the road surface would be raised but there would still be flooding. Svehla replied there would not be flooding if the overpass were shortened one foot. All the water would be in the channel and drainage structure. Mayor Miller stated that the crown span was 7 feet high and the box culvert was 8 feet high. What was the difference in design. Svehla replied that there could be no direct travel on a crown span while there could be driving on a box culvert. In terms of cost, the open channel was the cheapest. The box culvert was estimated at $350,000 and the crown span was estimated at $500,000. There was $200,000 in the current CIP. There was $100,000 in the CIP left from the Good Samaritan project. There was $200,000 in the sixth year of the CIP which was unfunded. All of those funds added up to the $500,000. A loan would have to be taken from Utilities for the project. After reviewing the options, the CIP Oversight Committee was in favor of the crown span and this scenario of funding. They suggested looking for an opportunity to repay the loan from the Utility department as soon as possible. The recommendation from staff was to use the crown span, to cross everything at one time, use $200,000 plus $100,000 from Good Samaritan plus a $200,00 loan from Utilities with options to repay Utilities. city of Denton City Council Minutes January 14, 1997 Page 9 299 Biles motioned, Beasley seconded to proceed with the crown span with the funding as indicated. Staff would bring back to Council the listing of options to repay the $200,000. Council Member Young stated that if the response time by the quint was reduced more than a minute he would have to vote against the motion. He was not willing to trade one unsafe deal with another unsafe deal. He did not want to use the crown span. Svehla replied that Chief Chadwick indicated that the first truck to respond would be from Station Two which was on that side of the tracks. Council Member Beasley stated that it was very important to correctly fix the drainage at this area. She also agreed with the Chief that fire safety was important. She was comfortable with the Chief's opinion that fire protection would be available to the area. Council Member Cott suggested delaying consideration for one week in order to continue to study the issue. Council Member Biles withdrew his earlier motion and motioned to postpone consideration until the meeting of January 28th. Mayor Pro Tem Brock seconded the motion. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 4. The Council received a quarterly update from the City's TMPA Board members. Bill Giese, TMPA Board Member, stated that this was the first quarterly report to be given and that more would be scheduled in the future. There had been organizational changes, operational changes, financial changes and regulation/litigation changes at TMPA. In the area of organizational changes, there was a power sales agreement amendment. All of the involved cities had passed that agreement and were currently seeking approval from the Bond Insurers and Bond Counsel. A new mission statement was adopted at the last meeting and read "to provide reliable power to member cities in an economically competitive and efficient manner". The Personnel Committee was currently developing a profile for the appointment of a General Manager. The selection of a General Manager would proceed as rapidly as possible. Under operational changes the conversion to Powder River Basin coal was complete with improved productivity. The total staffing of TMPA will be reduced to 138 positions effective April 1997. In 1995 TMPA had 310 positions prior to conversion. Council Member Cott asked about the amount of debt. Giese replied that it was approximately $1.3 billion. 300 City of Denton City Council Minutes January 14, 1997 Page 10 Council Member Cott asked if any of that had been devalued to the original bond holders. Giese replied no. Other operational changes dealt with land management. The Agency managed approximately 40,000 acres of which about 30,000 was owned. The policy was to maximize revenue with an orderly disposition of land that was considered surplus. Financial changes included an investment advisor and bond counsel were proceeding with a bond issue of $29 million to acquire ownership of one dragline and a conveyor belt and a release from leveraged lease provisions. The Construction Fund and Special Restricted Fund were substantially depleted. The funds were used or would be used to finance a rotary car dumper and a turbine upgrade. In the regulations, legislation and litigation area, the Public Utility Commission had ruled on how rates were to be charged on the transmission of power from Texas Utilities to College Station for 1996. College Station might appeal that ruling. College Station had been billed $3.56 million plus interest for the first 11 months of 1996. Future transmission rates were still to be determined. The Public Utility Commission had recommended that 'retail wheeling" be deferred until the year 2001. The Texas legislature and U. S. Congress had yet to take a final position. The "stranded cost" issue was still unresolved. Council Member Beasley asked if College Station was taking any power from TMPA. Giese replied no that it was taking power from Texas Utility. In order to get that power, they have to transmit it over TMPA's power lines and pay for those transmissions. Mayor Miller thanked Mr. Giese for his report. With no further business, the meeting was adjourned at 9:20 p.m. R, MAYOR CITY'OF DENTON, TEXAS JEnNiFER FALTERS CI~I~J SECRETARY CITY OF DENTON, TEXAS ACC0035C