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July 25, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES July 25, 2006 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Tuesday, July 25,2006 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None Council considered Item #2. 2. The Council received a report, held a discussion, and gave staff direction regarding the City's Long Range Financial Forecast and Budget. Jon Fortune, Assistant City Manager, reviewed the major assumptions for the proposed budget. The property tax growth for the next 5 years was discussed. City service enhancements included police staffing, code enforcement, street materials and library books. If all of the proposed service enhancements were to be done, a $.01 tax increase in 2007-08 would be required. He reviewed the assumptions for sales tax growth, Electric ROI and FF ECA calculations, gas well revenue, fund balance, use of one-time sources of money and economic development incentives. Major expenditure assumptions included compensation, health insurance, vehicle replacements, service enhancements, new positions, and operating expenses adjusted for inflation. Plan changes in the health insurance might not be necessary as the cost of the increases may be absorbed by the budget. The differential calculation for the next five years was discussed. The CIP in 2005 assumed a $.04 tax increase. To date, none of that projected increase had been used. The forecast used $.02 of that rate. Council discussion: . There appeared to be a flattening of the rate of the health insurance premiums. Was that due to the reduction in the number of employees? Fortune replied no that it was due to the plan design changes. . There was a limit on the number of plan design changes. One or two more benefits could change but any more would significantly impact the employees. . The outcome of changes had a larger impact on employees than thought when they were first implemented. Amanda Green, Chair-Employee Insurance Committee, stated that the Committee had requested feedback from the employees regarding the changes from last year and the employees had indicted that they could not financially tolerate any more changes. Deputy Mayor Pro Tem Mulroy Joe stated that there was a large transition for the employees from having no responsibility to a large responsibility in their health care. He felt that the threshold for changes had just about been reached. Any further design plan changes would result in diminishing returns. City of Denton City Council Minutes July 25, 2006 Page 2 Mayor McNeill noted that the City was moving toward a fund balance requirement of 15%, as the amount next year would be 14.5%. Deputy Mayor Pro Tem Mulroy noted that the service enhancements included a police staffing increase of 8 full-time employees, a code enforcement increase of 2 full-time employees, street materials increases and an increase in library books. 3. The Council received a report, held a discussion and gave staff direction regarding an amendment to an Economic Development Program Grant Agreement between the City of Denton and SFT Industrial, Ltd, for the Granite Point Business Park development to include a one-time payment for infrastructure improvements. Linda Ratliff, Director of Economic Development, stated that the first phase of Granite's business park was nearing completion. A condition of the agreement required the City to improve Metro Street to the entrance of the Texas Industries plant within six months of the issuance of Granite's building permit for Phase I. During the process of preparing and reviewing the project plan, it was discovered that only a portion of Metro was actually a dedicated City street. The remaining portion of the road belonged to TXI. TXI agreed to donate the right-of- way to the City in exchange for the ability to connect to the sewer line being extended by Granite along Metro. Granite had contractors on site that could undertake this project at a considerable cost savings to the City. They agreed to perform this work but requested that the City reimburse them for the actual cost in a one-time payment at an estimated cost of $30,000. Another part of the negotiations was to work with TxDOT to improve the access road. TxDOT improved the access road but stopped at Metro Street with additional funding probably not available until 2010. Several options were being explored to help with this situation. The City was not obligated to participate in the cost of any improvements to the access street as it was not in the agreement but Granite was expecting this to be completed. Mayor Pro Tem Kamp suggested having Ratliff, Mark Nelson and John Polister discuss the situation at an upcoming Mobility Committee meeting. 4. The staff responded to requests for clarification of consent agenda items listed on the consent agenda for July 25, 2006. Deputy Mayor Pro Tem Mulroy requested that Item #F be pulled from consideration at this time. Council Member McElroy noted that Item D was an annual bid for all types of minor concrete work throughout the year. He was going to pull that item for separate consideration during the Consent Agenda. 5. The Council received a report, held a discussion and gave staff direction regarding nominations to the City's Boards and Commissions. Jennifer Walters, City Secretary, stated that Council had received the nominations submitted since the July 18th meeting. There were still some vacant positions requiring nominations. Council would be voting on the approval of the nominations under "Items for Individual Consideration". Council also needed to designate the terms of office for the Public Art Committee. City of Denton City Council Minutes July 25, 2006 Page 3 Council directed the City Secretary to devise a procedure for designating the terms of the Public Art Committee so that four members would have a term of office from 2006-07 and five members would have a term from 2006-2008. Following the completion of the Work Session, the City Council convene in a Closed Meeting at 5:55 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. The following items were discussed in Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. 2. Consultation with the City's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the International Association of Fire Fighters Local 1291, pursuant to Texas Local Government Code sec 142.101 et seq., and with the Denton Police Officers Association, pursuant to Texas Loc. Government Code 142.051, et seq. A private caucus on these topics is specifically authorized by Tex. Loc. Government Code S142.113(b) and S142.063(b), and public discussion would otherwise conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Special Called Meeting of the City Council on Tuesday, July 25, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes July 25, 2006 Page 4 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. July Yard-of-the-Month Awards Mayor McNeill presented a proclamation for John B. Denton Day. Mayor McNeill presented July Yard-of-the Month Awards to: Roger and Sheila Scroeder Alex and Gayle Lieban Ray and Joyce Erwin Inez Kelly Frank and Rebecca Conner Chris and Tracy Hanle Water Smart Yard - UNT Marquis Hall Business Yard - Hampton Inn and Suites 3. CONSENT AGENDA Council Member McElroy requested that Item D be pulled for separate consideration. Mayor McNeill stated that Item F had been pulled by Deputy Mayor Pro Tem Mulroy to be considered at a future meeting. Bob Clifton spoke on Items 3A and 3C. Kamp motioned, Heggins seconded to approve the Consent Agenda Items and accompanying ordinances with the exception of Item 3D. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. Item D was considered. Council Member McElroy stated that he was concerned about the amount of dollars to be included on the Consent Agenda. He understood that this was a large annual contract but he wanted to have an explanation to the public. McElroy motioned, Thomson seconded to approve Item D. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 1. 2006-207 - An ordinance accepting competitive bids and awarding a contract for the purchase of printing, typesetting, distribution and advertisement sales for the Parks and Recreation Department's PLAY Seasonal Brochure; providing for the expenditure of funds therefore; and providing an effective date (Bid 3529 - Annual Contract for P.A.R.D. Seasonal Catalogs awarded to the lowest bidder for City of Denton City Council Minutes July 25, 2006 Page 5 each section in the gross amount of$45,936 less $12,000 (Estimated Ad Revenue) for a net estimated cost of $33,936. 2. 2006-208 - An ordinance providing for the expenditure of funds for the emergency relocation of the Animal Services Crematorium in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3544 - Relocation of Animal Services Crematorium awarded to McCarty Construction and Crane Service in the amount of $29,060). 3. 2006-209 - An ordinance authorizing and ratifying the procurement of the rental of a water wagon vehicle, which is necessary to preserve the public health and safety of the City's residents and therefore is exempt from competitive bidding under Section 252.022 (A) (2) of the local government code; providing for the expenditure of funds therefor; and providing an effective date (estimated amount of $45,000). 4. 2006-210 - An ordinance accepting competitive bids and awarding an annual Indefinite Quantity Public Works contract for the purchase of miscellaneous concrete work; providing for the expenditure of funds therefore; and providing an effective date (Bid 3516 - Annual Contract for Concrete Work awarded to Floyd Smith Concrete Inc. in the estimated amount of $1,200,000). 5. 2006-211 - An ordinance of the City of Denton, Texas authorizing the abandonment of a portion of Nowlin Road between Teasley Lane and Saddleback Drive and being a portion of or adjacent to Wheeler Ridge, Phase Three, an Addition to the City of Denton, Texas, and providing an effective date. 6. This item was pulled from consideration. 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered appointments to the following boards and commissions: 1. Community Development Advisory Committee 2. Human Services Advisory Committee 3. Planning and Zoning Commission 4. Public Art Committee Mulroy motioned, Kamp seconded to approve the nominations listed in the agenda back-up materials with the addition of Walter Eagleton to the Planning and Zoning Commission. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. Citizen Reports 1. Review of procedures for addressing the City Council. City of Denton City Council Minutes July 25, 2006 Page 6 2. The Council received citizen reports from the following: A. Nell Yeldell regarding young people being discriminated against regarding utilities, funding and jobs. Ms. Yeldell was not present at the meeting. B. Carolyn Phillips regarding no District 1 representation on Charter Review Committee. Ms. Phillips stated that she was familiar with the representative chosen by Council Member Heggins for the Charter Review Committee and he was a good choice. She wanted to remind Council that District One needed a representative of its own. She cautioned Council on the process for making nominations especially when using the telephone. She asked that Council designate rules for making appointments to committees. C. Lou Lowther regarding members appointed to the Charter Review Committee. Ms. Lowther stated that there was not a person on the Charter Revision Committee who was an African-American. There was no set number of individuals who could serve on such a committee. She requested that Council appoint an African-American to the committee. D. Bob Clifton regarding City business. Mr. Clifton stated that the Council had abused Denton Municipal Electric and there was enough information to present a class action lawsuit. Money was taken out of DME that was not appropriate. He suggested the Public Utilities Board members be a separate entity with elected positions. If not, he would start an initiative petition to force an election. E. John Paul Eddy regarding concerns for city council. Dr. Eddy presented questions regarding particular issues. Those included how to enforce property code ordinances, Fry Street development, repairing dangerous streets, convenient public access times for city council meetings, paving a police parking lot and remove dumpsters in middle of Fry Street. He also suggested limiting election campaign contributions from individuals and requiring a finance report the week before an election. C. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Montgomery requested information on how to address a trash problem in vacant homes when the former residents leave and pile up trash and debris at the street. 2. Mayor McNeill requested that the Chair of the Charter Review Committee make a presentation at the next Council meeting regarding the status of the review. City of Denton City Council Minutes July 25, 2006 Page 7 3. Mayor Pro Tem Kamp requested a review of the public process of the CAPR Committee on the search for a new city manager. D. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. Interim City Manager Martin presented an update on past citizen reports. He stated that Bob Clifton had presented a picture of the Hickory Creek Substation and had made comments regarding hazardous materials at the site. Martin stated that the Substation was being expanded and a petroleum storage tank was removed. The tank was removed, tested and transported by an environmental company authorized to handle hazardous materials. Mr. Clifton had also made a comment regarding permits to cross the railroad tracks at Nottingham with fiber optic cables. He noted that the permits had been received prior to being built and no additional permits were required. Mayor McNeill noted that the City was moving toward a 15% reserve account. He requested a memo to Council for the public record in a Reading File. E. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. There was no official Action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:20 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS