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September 7, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES September 7, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 7, 2010 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member King, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, and Mayor Burroughs. ABSENT: Mayor Pro Tem Kamp. 1. Requests for clarification of agenda items listed on the agenda for September 7, 2010. Council Member Gregory asked if the funds for Consent Item C were from the 2009-10 budget or the 2010-11 budget. Jon Fortune, Assistant City Manager, stated it was from certificates of obligation sold this year. 2. Receive a report, hold a discussion, and give staff direction on the 2010-11 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Bryan Langley, Director of Finance, presented an overview of the proposed budget. He stated that after the proposed budget had been presented to Council, there had been a number of changes. He detailed those changes and their associated budget impact. General Fund budget - the City Manager's proposed budget for the General Fund was recommended to be $90 million. Due to various changes, the General Fund revenue was proposed to decrease by $88,037. The proposed tax rate was increased to the effective rate, the over 65 tax exemption was increased by $5,000, the General Fund would receive a reimbursement from DME for 75% of Urban Forester cost and reserves in the amount of $1.2 million would be used. Other funds - The Technology Services fund was proposed to have a budget increase of $250,000 to provide funding for a disaster recovery data center. The Recreation fund was proposed to have a $82,042 increase to provide funding for temporary seasonal staffing due to frozen vacant positions in the General Fund. The Non-Airport Gas Well fund was proposed a budget decrease of $1.6 million due to the uncertainty regarding the cost estimates for the new animal shelter and development studies. The Tree Mitigation fund was proposed to have a decrease of $78,514 due to the elimination of the transfer to the General Fund for the Urban Forester position. The Capital Improvement Fund budget was proposed to be increased by $2 million for additional debt issuance capacity for the Public Safety Training Facility. Budget summary - The total revised budget was proposed to increase by $653,528. Unless there were additional changes, the revised budget and tax rate would be presented to City Council for approval on September 21st. Council Member Watts questioned whether there had been conversations with the city's legislative delegates regarding dates the grants had to be used by. Langley stated that some of the grants did have an expiration date. City of Denton City Council Minutes September 7, 2010 Page 2 Council Member Watts asked when would the city be able to draw on those funds. Langley stated that staff would need to work out those details. Some of the funds may be able to be reprogrammed for the following year. Council Member Watts asked if debt would have to be issued. Langley replied that it would just give the city the ability to do so if it wanted. He continued that Customer Service hours of operation were proposed to be reduced as noted in prior meetings. Mayor Burroughs asked if there was a particular event/time frame when Customer Service had a spike in after hour usage and if so, could staff be upped for those types of spikes. Langley stated that there were no real spike issues throughout cycles. If one would happen, staff could be reallocated for the demand. Mayor Burroughs asked about the estimated cost savings. Langley stated it would be approximately $74,000. Council Member Heggins asked how this would affect staff. Langley stated that there currently was one vacancy which would be eliminated and less would be spent on overtime. There would be no layoffs or staff reductions. Council Member Gregory stated that he understood and agreed with the concept of the Urban Forester position with DME paying for services received from other departments. He was concerned by the 3/4 of time that was allocated to DME. He would be more comfortable with a 50% transfer as the position was more than tree trimming in electrical lines. City Manager Campbell stated that regardless of the split, staff would take more careful look during the next year and then adjust and make changes to the next year's budget. The dollars were not significant enough to make a difference. Mayor Burroughs felt that the division was not the key issue. The key issue was that the job allocation did not get shifted and then the forester would not be able to attend to functions that he was originally intended to do. City Manager Campbell state that the intent was to keep the position in the Planning Department with the primary function for which job was created coming first. The intention was not to take away from the duties that were designed for the position. Council Member Watts stated that he was in agreement with the allocation as proposed. If, in the future, it was found that there was additional need in either area, there may be a need to hire additional personnel. City of Denton City Council Minutes September 7, 2010 Page 3 Langley continued with budget development strategies. A key role of city management was to provide services in the most cost effective and efficient manner possible. To address the 2010- 11 budget issues, the City Manager asked each department to review operations and provide reductions. The emphasis was to maintain key service levels and promote fiscal discipline. The departments were asked to identify methods to become more efficient and cost effective. Since approximately 50% of General Fund was allocated to police and fire, options had to be considered to meaningfully reduce costs without impacting services. In addition to Police and Fire, numerous reductions were made to all operating departments within the General Fund. Due to some recent questions concerning the Fire Department, staff was providing a more detailed overview of this department's budget. Of the $20.8 million in General Fund dollars for fire, 88% of the cost was personnel services. He presented a budget comparison with comparative cities and fire department's budgets per capita. Staff also looked at Fire Department budget comparisons in terms of full-time employees. Compared to peer cities, the Denton Fire Department was disproportionately more expensive. The level of service was comparable to these departments. As a result, management had attempted to identify and mitigate the key drivers that were influencing the above average cost stricture. One such key cost driver was overtime which was estimated to be approximately $400,000 in 2009-10. Mayor Burroughs asked if the $400,000 include base time or time and a half. Langley stated it was only for overtime and did not include regular salaries. Ross Chadwick, Fire Chief, presented information on Denton Fire/Rescue budget priorities. Those included citizen safety, firefighter safety, and responsible use of taxpayer money. He reviewed firefighter injuries for a 10 year period which coordinated with their Strategic Plan Goal 41 to maintain a healthy and safe workforce and workplace environment. A big discussion item for the past several weeks was staffing. The current daily staffing level was 47 assigned personnel. The daily minimum staffing level was 7 scheduled leaves, 3 unscheduled leaves for an end result of 37 minimum daily staffing. When the minimum daily staffing went below 37, overtime was paid. The proposed daily staffing level was 47 personnel assigned. That amounted to no reductions in the daily staffing level. The daily minimum staffing level would be 7 scheduled leaves, 5 unscheduled leaves for a total of 35 minimum daily staffing. NFPA 1710 was a deployment standard that suggested how to get individuals to the scene and did not involve staffing. This Standard was not adopted by the City of Denton, was not adopted by any North Texas Fire Department, and was not adopted by the Texas Commission on Fire Protection. It was actively opposed by the National League of Cities, the US Conference of Mayors, ICMA, International Personnel Management Association, the National Public Employer Labor Relations Association and many State Fire Chief Associations. He noted that the Standard was actively criticized by the Commission on Fire Accreditation International, the Center for Public Safety Excellence, the State Fire Chiefs Associations, the Texas Fire Chiefs Association, and had received over 1,000 negative public comments. A quote regarding NFPA 1710 from the US Conference of Mayors indicated that it was not adopted due to the staffing component of the standard. There was only one organization which actively supported NFPA 1710 which was the International Association of Fire Fighters. In Denton, most fire/rescue emergency responses were emergency medical services. In 2009 there were a total of 10,210 calls with only 330 calls relating to stricture fires, building fires, vehicle fires, vegetation fires, rubbish fires and other fires. Of those 330 calls only 54 were City of Denton City Council Minutes September 7, 2010 Page 4 building fires. NFPA 1710 stated that a fire department should identify the minimum company staffing levels as necessary to meet the deployment criteria required to ensure that a sufficient number of members were assigned on-duty and effectively respond with each company. In Denton there were always 16 firefighters on an initial attack. The department's strategic plan was to staff all engine companies with a minimum staffing of three firefighters, reduce Engine 6 and 7 from the current minimum staffing of four each to meet the minimum engine company staffing of three and develop a plan to phase in a medic ambulance at every fire station to provide a minimum fire station staffing of five; three on the engine and two on the ambulance. However, if the Fire Station housed a quint, the minimum fire station staffing would be six. He reviewed comparative cities for engine companies, engine/1,000 people and engine staffing. Those cities were also compared with staffing all trick companies with a minimum staffing of four firefighters in terms of trick companies, trick/1,000 people and trick staffing. A fourth goal of the Department's strategic plan was to operate Denton fire/rescue effectively and efficiently while maintaining adequate service level. The staffing recommendation was to provide a continuous minimum daily staffing level established by Denton Fire Rescue management staff and city management and approved by the City Council in the Fire Rescue's annual budget which met acceptable operational requirements and community expectations of fire rescue service levels in response to fires, EMS and special emergency operations. The conclusion of that recommendation was that it was based on the department's strategic planning, had no impact on citizen safety, had no reduction in service level, had no impact on firefighter safety, and was the best use of city resources. Council Member Heggins asked when overtime had to be paid. Chadwick stated that a firefighter worked 56 hours and overtime would have to be paid after 53 hours of work. Council Member Heggins questioned if NFPA indicated 15 firefighters on daily shift, why did Denton have 16. City Manager Campbell stated that the city's standards already exceed the minimum suggested staffing. Council Member Gregory stated that the current schedule was on 24/off 48. He questioned if a different type of on-off schedule might reduce the built-in overtime hours that came with the current schedule. Chadwick stated that another type of schedule would require the hiring of a lot more people. Right now, based on the amount of calls, 24/48 was the most efficient schedule. Council Member Gregory stated that he would like to hear back on issue of leave and how vacation days compared with the schedule, etc. Council Member Gregory questioned whether the bike mobility plan was moving forward. City of Denton City Council Minutes September 7, 2010 Page 5 City Manager Campbell stated that the project had been identified in bond money. If Council was comfortable with budget, he could execute the contract at any time. Consensus of the Council was to proceed with the contract. Council Member Engelbrecht requested a report on the Fire Rescue's strategic plan as it moved forward, particularly regarding EMS calls and future plans for EMS personnel at all stations. Chadwick stated that he could return later to update Council on how the proposed scheduling was working. Following the completion of the Work Session, the Council convened into a Closed Session. 1. Closed Meeting: A. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorney - Under Texas Government Code, Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to further legal matters affecting the settlement tentatively approved on March 9, 2010 by and between the City, DBT Porcupine, L1, a Delaware Business Trust ("DBT") and BDC Family Limited Partnership, a Texas Limited Partnership regarding the settlement of conflicting legal claims and the granting of an easement to the City by DBT regarding that certain 3.814 acre tract of land situated at the northeast corner of Loop 288 and Spencer Road, in the City of Denton, Denton County, Texas and lying in the Mary L. Austin Survey, Abstract No. 4 and in the M.E.P. and P.R.R. Survey, Abstract No. 927, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding further legal issues associated with the compromise of conflicting claims regarding said land, where such discussion and deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations regarding a final settlement of such claim and would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and City of Denton City Council Minutes September 7, 2010 Page 6 provide staff with direction regarding such matters. C. Consultation with Attorney -Under Texas Government Code, Section 551.071. 1. Receive a report and hold a discussion with the City's attorneys regarding legal issues related to the power and authority of the Denton County Transportation Authority ("DCTA") to acquire real property interests within the municipal boundaries of the City of Denton and actions of the City of Denton required for DCTA's acquisition of such real property interests. The duty of the City's attorneys to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code in this matter. The Council convened in a Regular Meeting at 7:00 p.m. in the Council Chambers. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS There were no proclamations/presentations for this meeting. 3. CONSENT AGENDA Council Member Gregory motioned, Council Member Watts seconded to approve the Consent Agenda and accompanying ordinances and resolutions using the substitute ordinance for Item 313 provided them during the Work Session and providing more direction for Item 3K, specifically regarding the earnest money settlement repayment if not closed. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-199 A. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Five to the contract between the City of Denton and Terra-Solve, Inc. for design services related to the constriction of a fleet fueling facility located at 1251 South Mayhill Road; providing for the expenditure of funds therefor; and providing an effective date (File 4124-Change Order Number Five in the amount of $6,438 for a total contract amount of $104,075.97). City of Denton City Council Minutes September 7, 2010 Page 7 Ordinance No. 2010-200 B. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Four to the contract between the City of Denton and Terra-Solve, Inc. for design services related to the constriction of a trick wash facility located at 1251 South Mayhill Road; providing for the expenditure of funds therefor; and providing an effective date (File 4125-Change Order Four in the amount of $12,337.27 for a total contract amount of $106,327.27). Ordinance No. 2010-201 C. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Harris County Department of Education and awarding a contract for the purchase and installation of two chiller units to service City of Denton facilities; providing for the expenditure of funds therefor; and providing an effective date (File 4552-Interlocal Agreement for Purchase and Installation of Two Chillers with Harris County Department of Education, contract awarded to Brandt Engineering in the amount of $440,544). Ordinance No. 2010-202 D. Consider adoption of an ordinance approving a "First Amendment to Professional Services Agreement for Architect or Engineer" by and between the City of Denton, Texas and Malcolm Pirnie, Inc. to provide engineering services for the design of the Lake Lewisville Water Treatment Plant rehabilitation and process upgrade; authorizing the expenditure of funds therefor; and providing an effective date (File 4399-providing for an additional $139,100 for additional services on the project for a total award of $2,739,100). The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-203 E. Consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to a service agreement dated March 2, 2010 between the City of Denton and the Tejas Storytelling Association; and providing an effective date. ($350) Ordinance No. 2010-204 F. Consider adoption of an ordinance repealing and replacing Ordinance No. 2006-113 of the City of Denton, Texas, establishing fees to be charged for emergency ambulance services and standby emergency ambulance services in the city as provided for in Section 27-102 of Article IV of Chapter 27 "Vehicles for Hire" of the Code of Ordinances of the City of Denton, Texas; repealing all ordinances in conflict herewith; providing a severability clause; and providing an effective date. Ordinance No. 2010-205 G. Consider adoption of an ordinance of the City of Denton, Texas amending a contract with Intermedix, Inc. for patient care reporting and emergency medical service (EMS) billing for the City of Denton Fire Department by amending provisions relating to the termination of collection efforts and compensation for services provided; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes September 7, 2010 Page 8 Resolution No. R2010-033 H. Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial obligation to pay any principal or interest on the bonds, and making certain findings in connection therewith; and providing an effective date. Ordinance No. 2010-206 L Consider adoption of an ordinance of the City of Denton, Texas, approving the extension of the term of a contract between the City of Denton, Texas and VP Imaging DBA DocuNav Solutions (BID NO. 4450) for an electronic document archiving system for the Planning and Development Department; authorizing the expenditure of funds therefor; providing a repealing clause; providing a severability clause; and providing an effective date. Ordinance No. 2010-207 J. Consider adoption of an ordinance authorizing the City Manager to approve a first amendment to an Airport Lease Agreement approved by Resolution R87-054 dated September 15, 1987, between the City of Denton, Texas and First Financial Resources, Inc. at Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (6-0). Ordinance No. 2010-208 K. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Final Compromise, Settlement and Release of All Claims by and between the City of Denton, Texas, DBT Porcupine, L1, a Delaware Business Trust and BDC Family Limited Partnership, a Texas Limited Partnership; authorizing the City Manager and City Attorney to act on the City's behalf in executing any and all conveyances and other supporting documents pertaining thereto; and to take such other and further actions as are necessary to effectuate and finalize the settlement; authorizing the City Manager to execute a Quit Claim Deed regarding the tract in issue; authorizing the City Manager to receive an easement on behalf of the City of Denton, Texas; authorizing the expenditure of funds therefor; and declaring an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and receive citizen input on the FY 2010-11 Proposed Budget. Bryan Langley, Director of Finance, presented an overview of the proposed budget. He stated that after the proposed budget had been presented to Council, there had been a number of changes. He detailed those changes and their associated budget impact. General Fund budget - the City Manager's proposed budget for the General Fund was recommended to be $90 million. Due to various changes, the General Fund revenue was proposed to decrease by $88,037. The proposed tax rate was increased to the effective rate, the over 65 tax exemption was increased by $5,000, the General Fund would receive a City of Denton City Council Minutes September 7, 2010 Page 9 reimbursement from DME for 75% of Urban Forester cost and reserves in the amount of $1.2 million would be used. Other funds - The Technology Services fund was proposed to have a budget increase of $250,000 to provide funding for a disaster recovery data center. The Recreation fund was proposed to have a $82,042 increase to provide funding for temporary seasonal staffing due to frozen vacant positions in the General Fund. The Non-Airport Gas Well fund was proposed a budget decrease of $1.6 million due to the uncertainty regarding the cost estimates for the new animal shelter and development studies. The Tree Mitigation fund was proposed to have a decrease of $78,514 due to the elimination of the transfer to the General Fund for the Urban Forester position. The Capital Improvement Fund budget was proposed to be increased by $2 million for additional debt issuance capacity for the Public Safety Training Facility. Budget summary - The total revised budget was proposed to increase by $653,528. Unless there were additional changes, the revised budget and tax rate would be presented to City Council for approval on September 21st. Customer Service hours of operation were proposed to be reduced as noted in prior meetings. Budget development strategies - A key role of city management was to provide services in the most cost effective and efficient manner possible. To address the 2010-11 budget issues, the City Manager asked each department to review operations and provide reductions. The emphasis was to maintain key service levels and promote fiscal discipline. The departments were asked to identify methods to become more efficient and cost effective. Since approximately 50% of General Fund was allocated to police and fire, options had to be considered to meaningfully reduce costs without impacting services. In addition to Police and Fire, numerous reductions were made to all operating departments within the General Fund. Due to some recent questions concerning the Fire Department, staff was providing a more detailed overview of this department's budget. Of the $20.8 million in General Fund dollars for fire, 88% of the cost was personnel services. He presented a budget comparison with comparative cities and fire department's budgets per capita. Staff also looked at Fire Department budget comparisons in terms of full-time employees. Compared to peer cities, the Denton Fire Department was disproportionately more expensive. The level of service was comparable to these departments. As a result, management had attempted to identify and mitigate the key drivers that were influencing the above average cost stricture. One such key cost driver was overtime which was estimated to be approximately $400,000 in 2009-10. Ross Chadwick, Fire Chief, presented information on Denton Fire/Rescue budget priorities. Those included citizen safety, firefighter safety, and responsible use of taxpayer money. He reviewed firefighter injuries for a 10 year period which coordinated with their Strategic Plan Goal 41 to maintain a healthy and safe workforce and workplace environment. A big discussion item for the past several weeks was staffing. The current daily staffing level was 47 assigned personnel. The daily minimum staffing level was 7 scheduled leaves, 3 unscheduled leaves for an end result of 37 minimum daily staffing. When the minimum daily staffing went below 37, overtime was paid. The proposed daily staffing level was 47 personnel assigned. That amounted to no reductions in the daily staffing level. The daily minimum staffing level would be 7 scheduled leaves, 5 unscheduled leaves for a total of 35 minimum daily staffing. NFPA 1710 was a deployment standard that suggested how to get individuals to the scene and did not involve staffing. This Standard was not adopted by the City of Denton, was not adopted by any North City of Denton City Council Minutes September 7, 2010 Page 10 Texas Fire Department, and was not adopted by the Texas Commission on Fire Protection. It was actively opposed by the National League of Cities, the US Conference of Mayors, ICMA, International Personnel Management Association, the National Public Employer Labor Relations Association and many State Fire Chief associations. He noted that the Standard was actively criticized by the Commission on Fire Accreditation International, the Center for Public Safety Excellence, the State Fire Chiefs Associations, the Texas Fire Chiefs Association, and had received over 1,000 negative public comments. A quote regarding NFPA 1710 from the US Conference of Mayors indicated that it was not adopted due to the staffing component of the standard. There was only one organization which actively supported NFPA 1710 which was the International Association of Fire Fighters. In Denton, most fire/rescue emergency responses were emergency medical services. In 2009 there were a total of 10,210 calls with only 330 calls relating to stricture fires, building fires, vehicle fires, vegetation fires, rubbish fires and other fires. Of those 330 calls only 54 were building fires. NFPA 1710 stated that a fire department should identify the minimum company staffing levels as necessary to meet the deployment criteria required to ensure that a sufficient number of members were assigned, on-duty and effectively respond with each company. In Denton there were always 16 firefighters on an initial attack. The department's strategic plan was to staff all engine companies with a minimum staffing of three firefighters, reduce Engine 6 and 7 from the current minimum staffing of four each to meet the minimum engine company staffing of three and develop a plan to phase in a medic ambulance at every fire station to provide a minimum fire station staffing of five; three on the engine and two on the ambulance. However, if the Fire Station housed a quint, the minimum fire station staffing would be six. He reviewed comparative cities for engine companies, engine/1,000 people and engine staffing. Those cities were also compared with staffing all trick companies with a minimum staffing of four firefighters in terms of trick companies, truck/1,000 people and trick staffing. A fourth goal of the Department's strategic plan was to operate Denton fire/rescue effectively and efficiently while maintaining adequate service level. The staffing recommendation was to provide a continuous minimum daily staffing level established by Denton Fire Rescue management staff and city management and approved by the City Council in the Fire Rescue's annual budget which met acceptable operational requirements and community expectations of fire rescue service levels in response to fires, EMS and special emergency operations. The conclusion of that recommendation was that it was based on the department's strategic planning, had no impact on citizen safety, had no reduction in service level, had no impact on firefighter safety, and was the best use of city resources. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Ken Gold, 2512 Natchez Trace, Denton, 76210 -opposed to changes in Fire Department overtime budget Brice and Elma Walker, 9805 Grandview Drive, Denton, 76202 - support of over 65 tax exemption City of Denton City Council Minutes September 7, 2010 Page 11 Dicky Ewing, 700 Ticonderoga, Denton, 76205 - opposed to proposed change in Fire Department overtime Mayor Burroughs asked Mr. Ewing if the department he worked with had emergency medical services operated by fire fighters. Ewing replied yes and that fire departments make more emergency medical call than fire calls. It was assumed that a medic was available on first response which might not be the case due to the number of calls made by emergency medical services. Council Member Gregory asked Mr. Ewing which department he worked for. Ewing replied the Dallas Fire Department. Charlotte Giles, 904 Sandpiper, Denton, 76205 - spoke in support of fire fighters Mayor Burroughs noted that Comment Cards were received from the following: Stephen and Alice H. Fellows, 9024 Crestview, Denton, 76207 - support for over 65 tax exemption Nancy and Gary Tong, 9417 Perimeter, Denton, 76207 - support for senior tax exemption John and Dorothy Fersch, 9609 Lindenwood Trail, Denton, 76207 - support for senior tax exemption Judy Giese, 1602 Highland Park, Denton, 76205 - against senior tax exemption Donald Phillips, 9812 Grandview, Denton, 76207 - support for tax exemption over 65 Jeff Knoles, 106 West Plum, Aubrey, 76227 - opposed to changes for fire fighters Mike Tucker, 7160 Michael Road, Sanger, 76266 - opposed to changes for fire fighters Elaine Diver, 204 Hollyhill, Denton, 76205 - opposed to changes for fire fighters Lonny Britten, no address given - opposed to changes for fire fighters Mike Holdsclaw, 1200 Dallas Drive 4611, Denton, 76205 - opposed to changes for fire fighters Chris Ahrens, 509 Legends Drive, Lewisville, 75057 - opposed to changes for fire fighters Wade Morton, 332 W. Hickory, Denton, 76201 - opposed to changes for fire fighters The Mayor closed the public hearing. Council Member Watts questioned if ambulance fees were included in the budget process for the Fire Department. Langley stated they were included in the General Fund. The fees were estimated to be $2.6 million next year compared to the Fire Department budget of $21 million budget. City of Denton City Council Minutes September 7, 2010 Page 12 5. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2010-209 A. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 14 of the Code of Ordinances by adding Article IV Section 14-91, Illegal Smoking Products, to prohibit the use, purchase, possession and sale of salviadivinorum or salvinorum or any synthetic cannabinoid known or sold under such names as "Spice," "Genie," "DaScents," "Zohai," "K-2," and "KO Knockout 2" and any analogue or variant thereof by whatsoever name it may be called for public health purposes; providing a repealing clause; providing a savings clause; providing a severability clause; providing for penalty of fine not to exceed Five Hundred Dollars ($500.00); and providing for an effective date. Chief Minter presented information on the substance, describing K2 and the origins of K2 plus the proposed ban of the substance. K2 was legal in Texas under federal law. Fourteen states had passed or had proposed legislation action against K2. Several cities in the area had already passed ordinances to make the possession of K2 illegal or regulated. He reviewed the cases in Denton and provided information where K2 could be purchased. Council had a proposed ordinance to consider regarding a ban on the substance. Stephanie Berry, Assistant City Attorney, stated the ordinance would make it illegal to use, possess or sell K2. The Legislature did not have the freedom that the Council had to control the substance. She noted that Iowa had a death this summer from the use of K2. Council Member Gregory asked when the ordinance would go into effect. Berry stated that it would be 14 days from date of passage. She also reviewed some minor changes made in ordinance for council to consider. Council Member Heggins motioned, Council Member King seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. Consider appointments to the following boards and commissions: 1. Community Development Advisory Committee 2. Health & Building Standards Commission 3. Human Services Advisory Committee 4. Zoning Board of Adjustment There were no nominations/appointments made at this meeting. City of Denton City Council Minutes September 7, 2010 Page 13 C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Eli Gemini regarding Texas Filmmakers, Inc. Mr. Gemini spoke against the proposal by Texas Filmmakers, Inc for the cable access channel proposal. He presented an audio recording of the Texas Filmmakers locking him out of meeting he wanted to attend. b. Ken Gold regarding reducing fire protection. Mr. Gold spoke in opposed to the minimum staffing proposal for the correction in fire fighter overtime. He presented options for taking care of the problem such as hiring more firefighters, using compensation time, and reduction of management positions. He urged the Council to maintain the current level of service and not go backwards to three men engine companies. c. Bob Clifton regarding firemen's dilemma. Mr. Clifton was not present at the meeting. d. John Baines regarding rental fee for City property. Mr. Baines spoke about the Denton Blues Festival. He expressed concerned about the rental fees for the Blues Festival which the Jazz Festival did not have to pay. He also noted that they would not have as many city workers this year as last year unlike the Jazz Festival. He requested an equitable decision regarding the fees. e. Donna Woodfork regarding community access. Ms. Woodfork did not speak at the meeting. f Hatice Salih regarding the Denton Fire Department. Ms. Salih felt the city should have open and transparent discussions regarding NFPA 1710. The City should either adopt them or not adopt them but do not use them for political reasons. D. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, City of Denton City Council Minutes September 7, 2010 Page 14 public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Heggins stated that she saw the difference in allocation between the Jazzfest and the Blues Festival. She requested staff look into the matter to see what fees could be reduced. Council Member Watts requested a work session or an informal staff report on unpaid invoices due the city from events. Council Member Gregory requested a work session on the actual impact on the city budget for supporting festivals. Mayor Burroughs requested a work session on the city's general policy for sponsorships. Council Member Engelbrecht requested staff talk with Mr. Baines in the next several days regarding his issues with the Blues Festival and fees. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:58 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS