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Minutes October 12, 1993358 CITY OF DENTON CITY COUNCIL MINUTES October 12, 1993 The Council convened into a Special Call Session on Tuesday, October 12, 1993 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None following: The Council convened into the Executive Session to discuss the ae Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered legal advice concerning escrow agreements and bonds for public improvements. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 2. The Council considered approval of a resolution amending the resolution creating the Juvenile Diversion Task Force. Harlan Jefferson, Director of Treasury Operations, stated that in July the Council had approved a resolution creating the Juvenile Diversion Task Force. The proposed amendment added five student body representatives from the Denton Independent School District. Staff was able to locate a representative from the Concerned Parents Organization, Calvin Evans. Council still needed to select a chairman, a local civic group representative and two at-large representatives. The following resolution was considered: NO. R93-058 A RESOLUTION CREATING THE JUVENILE DIVERSION TASK FORCE TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL RELATING TO THE NEED OF A DIVERSION PROGRAM TO ASSIST IN THE REHABILITATION OF JUVENILE OFFENDERS; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry indicated that nominations would be received at the next meeting. 359 City of Denton city Council Minutes October 12, 1993 Page 2 3. The Council considered approval of a resolution nominating individual(s) to the Denton Central Appraisal District's Board of Directors. Council Member Brock left the meeting with a potential conflict of interest. Harlen Jefferson, Director of Treasury Operations, stated that five of the Board of Director's positions for the DCAD were up for election. Each jurisdiction had the ability to nominate an individual for election to the Board. If Council decided to make a nomination, it needed to be submitted to the DCAD by October 15, 1993. Council Member Cott asked if the names needed to be ones which were submitted or ones which the Council voted on. Jefferson replied that it would be names of individuals the Council would like to serve on the Board. Council Member Cott'asked if names of more than one individual would be accepted. Jefferson stated that the Council could select up to 5 names. Council Member Cott nominated Mary Horn for 100 votes and Horace Brock for 499 votes. Jefferson stated that at this point the Council was not casting votes but merely nominating the members for voting. cOuncil Member Cott nominated Mary Horn. Council Member Perry nominated Horace Brock. Council Member Chew nominated John Beck and Gaylord Thornton. Smith motioned, Chew seconded to close the nominations. On roll vote, Cott "aye", Miller "aye", smith "aye",' Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. City Manager Harrell stated that the Council would then submit those four names. This was a two step process. If the Council had a nominee it wanted to submit to the DCAD, it needed to be submitted by October 15, 1993. After the October 15th deadline, the DCAD would compile all of the nominations and then the entities would vote on those nominations. 360 City of Denton city Council Minutes October 12, 1993 Page 3 Council Member Chew asked if as a Council, did Council have the right to vote whether to submit three, four or five names. city Attorney Drayovitch replied yes. Council Member Cott stated that that was not the advice he was given. Council Member Chew asked again if whether or not as a Council, did they want to submit three, four or five names. Council Member Cott stated that under the law in the process of nomination, according to the Legal Department, the Council could submit as many names as they wanted without voting on them at this time. Council Member Perry asked if the Council would be required to vote on the nominations as a block. Jefferson replied no, that the Council could vote on individuals after the names were compiled by the DCAD. city Manager Harrell stated that the jurisdiction could submit nominations. It was the Council's decision as to whether to submit no names or whatever number of names it desired up to five. The Council would cast votes at a later date. Council Member Perry stated that the city only had a certain number of votes to cast. How would the votes be cast if the Council decided to vote for more than one individual. The more nominees the Council decided on, the less weight the city's vote would have. city Manager Harrell stated that the Council could'nominate up to five individuals and at a future meeting, the Council would have to decide who to vote on. It was not a good idea to cast only 100 votes for five individuals. The Council really needed to cast all votes for one individual and join with another jurisdiction in order to get that individual elected. City Attorney Drayovitch stated that the Council needed now to vote on the nominations of the individuals as to how many and who to submit to the DCAD. Council Member Miller stated that Beck, Thornton and Brock were already nominated for the ballot. Was it necessary for Council to nominate them again. City Attorney Drayovitch replied no. 361 City of Denton City Council Minutes October 12, 1993 Page 4 Council Member Miller felt that Council action should be to nominate any other individual other than the three already on the ballot. City Attorney Drayovitch stated that the Council could have no motion to nominate any of the four, there could be a motion to nominate all of the four or a motion to nominate any portion of the four nominations. No action was legally required but if Council wished to nominate, then a motion was in order. Council Member Miller asked what were the qualifications to serve on the Board. Was Mary Horn eligible to serve on the DCAD Board. Council Member Cott replied yes as Herb Barnhart had served before when he was in the same position as Mary Horn. Jefferson stated that the qualifications were included in the agenda back-up. The following resolution was considered: NO. R93-059 A RESOLUTION NOMINATING PERSONS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Chew motioned, Perry seconded to nominate John Beck, Gaylord Thornton, and Horace Brock to be the City's nominees for the DCAD Board. On roll vote, Cott "nay", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".' Motion carried with a 5-1 vote. 4. The Council considered a request from the St. Emmanuel Baptist Church for an exemption to the noise ordinance on Sunday, October 17, 1993 from 3:00 p.m. - 7:00 p.m. for an outdoor church service. Council Member Brock returned to the meeting. Catherine Tuck, Administrative Assistant, stated that this was a request for an exemption to the noise ordinance. The event was an annual fund raiser for the Church's building fund and would be on the future site of their new church. Chew motioned, smith seconded to approve the request. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 362 City of Denton City Council Minutes October 12, 1993 Page 5 5. The Council received a report and held a discussion regarding a charitable solicitation ordinance and gave staff direction. City Attorney Drayovitch stated that at the last meeting in August, Council directed staff to study an ordinance regarding charitable solicitation and prepare recommendations for Council which would allow charitable solicitations from the roadway. The draft ordinance included many of the items of concern as expressed by Council. The ordinance provided for proof of charitable status, required safety vests to be worn by the solicitors, indicated where the solicitors were to stand, and included provisions for indemnification and time and place restrictions. A map had been included with the back-up materials which indicated the main thoroughfare plan. Other provisions which were discussed for the proposed ordinance included a requirement that an applicant not have a previous criminal history, the application to be accompanied by proof of insurance and a provision requiring proof that a certain portion of the proceeds solicited would be going to a charitable organization. Staff had written Council a memorandum regarding actions which had occurred in other cities with those types of provisions. The ordinance provided that in case of an appeal to the Council of a denial of a permit, if Council affirmed that denial, in accordance with First Amendment laws, the City would file legal action to declare the validity of the ordinance. This followed federal constitutional law which indicated that if an individual challenged the permit licensing provision in the ordinance, the burden would be on the city to justify why the permit was denied. In the interim the individual must be allowed to do that action. The proposed ordinance also included an age limitation for the solicitors. Council Member Brock asked about the provision on page three which required that the valid permit be displayed on the traffic safety vest being worn by the solicitor. city Attorney Drayovitch stated that the permit would be visible for the police enforcement purposes. Council Member Miller stated that the DroDosed ordinance indicated that the solicitors could be on the roadway between the hours of 7:00 a.m. - 9:00 a.m. and from 4:00 p.m. - 6:00 p.m. He thought the intent of Council was to have the solicitation only during daylight hours such as 7:00 a.m. - 7:00 p.m. Perhaps the ordinance should read a half hour after sunrise and a half hour before sunset. council Member Brock left the meeting. 363 City of Denton City Council Minutes October 12, 1993 Page 6 Council Member Miller stated that the proposed ordinance also did not preclude Sundays. Mayor Castleberry stated that the proposed ordinance indicated nothing about Saturdays or Sundays. Council Member Miller felt that the ordinance should indicate Monday through Saturday with no Sunday solicitation. Council Member Perry felt that the proposed ordinance would be a more complex ordinance than the current one. city Attorney Drayovitch agreed indicating that any permitting process would be mOre complicated than the prohibition currently in place. Council Member Perry asked if it would be subject to more contention. City Attorney Drayovitch replied yes. Council Member Perry asked if the requirement of establishing that the solicitor was a valid solicitor would be subject to raising questions on the part of the solicitors. city Attorney Drayovitch stated that the draft was written so that the individual requesting the permit would provide evidence of not- for-profit status. This could include having the individual only check a box on an application form which would not be a prior restraint. Mayor Castleberry asked for a clarification of the suggested changes to the proposed ordinance. City Attorney Drayovitch stated that the days of the week for solicitation would be changed to Monday through Saturday and the hours would be changed to a half hour after sunrise to a half hour before sunset. Council Member Perry asked about the liability to the City if someone were injured in the process of roadway solicitation if the proposed ordinance were passed. city Attorney Drayovitch stated that she would argue that the City was not responsible. However, this was not to say that the city would not be named in a lawsuit and her department would have to spend time, effort and money to defend such a lawsuit. 364 city of Denton City Council Minutes October 12, 1993 Page 7 Mayor Castleberry asked about standing on the medians to solicit. City Attorney Drayovitch stated that an individual could stand on the medians and on the edge of the roadway. The intent was to keep the individuals out of the lane of traffic but this would be very hard to enforce. Mayor Castleberry asked if an individual were on University Drive and were walking from the curb across to the median, would that make any difference. City Attorney Drayovitch indicated no if the individual were not actively soliciting from the roadway when moving to the median. Mayor Castleberry asked about leaning over into the roadway. City Attorney Drayovitch stated that staff had looked at different Provisions and this was the best wording. Council Member Miller asked about turn lanes. Individuals would not have access to the center lanes and could not walk between the rows of cars. city Attorney Drayovitch stated that that was the intent but it would be very difficult to enforce. Mayor Pro Tem Smith stated that she did not want the individuals on the side of the road. There were many ways to solicit funds without being a hazard in the roadways. Council Member Perry agreed with Mayor Pro Tem Smith. The current ordinance did not prohibit any solicitation, it merely prohibited it from the roadways. Council Member Miller suggested staff draw up an ordinance and Council could then consider whether to pass such an ordinance. Council Member Chew agreed with Council Member Miller. Mayor Castleberry asked if there were a restriction on the number of times per year an organization could solicit from the streets and suggested including such a provision. Council Member Miller suggested limiting the number to two times per year. 365 City of Denton City Council Minutes October 12, 1993 Page 8 Chew motioned, Miller seconded to direct staff to prepare a draft ordinance for Council consideration. On roll vote, Cott, "aye", Miller "aye", smith "nay", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3 tie vote. 6. The Council received a report and held a discussion regarding the proposed road hump ordinance. Jerry Clark, city Engineer, stated that speeding on residential streets had become a major problem in some areas. Limited enforcement due to scare resources had not been able to eliminate this problem. The Council had been provided a draft ordinance which was modified from a Dallas ordinance. Staff was suggesting placing test humps in a trial location to see how the provisions would work. A suggested location was in the North Lakes Park area near Parkside and Bowling Green. A before and an after study would be done to verify results. Mayor Pro Tem smith asked if the area residents were unanimous to try this method. Clark replied that the request and interest was from the North Lakes Homeowners Association. An actual vote was not taken in the test site area but if the policy-were adopted in the future by Council, it would require a 2/3's vote. City Manager Harrell felt that it would be a good idea, if Council agreed to do the study, to contact all of the neighbors before proceeding. Mayor Pro Tem Smith felt that Council wOUld not need a report regarding the feelings of the neighborhood. She would be more comfortable if everyone knew of the Project but did not need everyone to necessarily agree with the project. Council Member Cott suggested testing more than one neighborhood. Consensus of the Council was to proceed with the test area. 7. The Council reviewed Government Services Television Network video regarding unfunded federal mandates. Joseph Portugal, Assistant to the City Manager, stated that the National League of cities in conjunction with the U.S. Conference of Mayors and the National Association of Counties and the International city Management Association had joined together to coordinate a national public program to curb unfunded federal mandates. These were mandates from the federal government which 366 City of Denton City Council Minutes October 12, 1993 Page 9 were passed on without additional federal funding. The Texas Municipal League would participate in this effort and had asked member cities to pass a resolution in opposition to the unfunded federal mandates. The Government Services Television Network had prepared a video regarding these mandates.which he showed to Council. Following the video, Mayor Castleberry indicated that there would be a Vision update. Council Member Miller stated that there were upcoming meetings and training sessions for discussion leaders involved in the kickoff project. Part of the Denton Municipal Complex would be used for a Vision Room. Renovation of the room would be at no cost to City with various organizations donating in-kind services for air conditioning, lumber and materials. There had been good reception for speakers regarding the project. He indicated that everyone wanted to get as much wide spread participation as possible and encouraged all to participate in the project. Council Member Cott suggested a monthly financial report to Council indicating what the City's money had been spent. Council Member Miller indicated that the funds were commingled with other funds from the participating organizations. City Manager Harrell indicated that Council could receive the financial information which was handed out at each Cabinet meeting. With no further business, the meeting was adjourned at 7:53 p.m. ITTN~'FE~WALTERS Y SECRETARY Y OF DENTON, TEXAS CITY OF DENTON, ~S ~ ACC00161