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Minutes April 19, 1994139 CITY OF DENTON CITY COUNCIL MINUTES April 19, 1994 The Council convened into the Work Session on Tuesday, April 19, 1994 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 1. The Council convened into the Executive Session to discuss the following: ae Be Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered offer of settlement in Bowen claim. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 2. The Council received a report, held a discussion and gave staff direction regarding the naming of the Leathers Playground at South Lakes Park. Rich Dlugas, Director of Parks and Recreation, stated that at the April 5 Council meeting staff had submitted an ordinance naming the playground in South Lakes Park "Eureka!". Council asked that the item.be placed on this agenda for further discussion. Members of Friends of South Lakes Park were present to provide further information concerning the item. Loyce Wilson, Friends of the South Lakes Park and Parks and Recreation Board member, stated that on March 22nd she presented the choices of names for the playground to Council. Four names were presented to the school children which ended in a tie vote for the names "Eureka!" and "Kidswork". Those two names were presented to Council for a final vote. Council had originally decided on the name "Kidswork" but upon appeal by Sandy Kristofersen, decided to reverse that decision and proceed with the name "Eureka!". Based on that decision, the Friends had proceeded with promotional materials regarding thename of the playground. General consensus of the Friends of South Lakes Park was to proceed with the name of "Eureka!" as they had proceeded so far with the promotional materials which were to be sold at a local function on the weekend. She had not seen many negatives regarding the name "Eureka!" for the playground and would like to proceed with the naming of the playground so as to begin raising funds. Mayor Pro Tem smith stated that this had been an exercise in futility. The Council had been told to make a choice regarding the name of the playground which they did and when the choice was not 140 City of Denton City Council Minutes April 19, 1994 ' Page 2 suitable, the name was changed again. It would have been fine if Council had known from the beginning that the name had to be "Eureka!". '~'he exercise which the Council had been through did not reflect adversely on the Council as much as it did on the exercise itself. Wilson replied that from her perspective, that because of the time constraints experienced at the last Council meeting, it was not a clear cut choice in the beginning. She wanted the playground to be unique for Denton. The math teachers in the schools preferred the name "Eureka!". It was a personal preference for "Eureka!". Mayor Pro Tem Smith stated that had the Council known that the Friends wanted "Eureka!" for the name of the playground, the process would have been much simpler. The item was presented as though Council had a choice when actually the choice had already been made. Wilson stated that the committee, in general, had not made a choice. ~_ Council Member Brock stated that Council had done something unusual in that when they directed staff to prepare an ordinance in a certain way, ratifying the earlier decision was merely a formality. They had voted for the name "Eureka!", directed staff to prepare an ordinance with that name, and then when they considered that ordinance they did not follow the earlier direction to staff regarding the name. Council changed its position on the name. It was a combination of the direction Council received and the action of Council. The organization of this group for the development of the playground was extraordinary and she was encouraged by this type of community participation for a facility in the City. Council Member Perry felt that the consensus of Council was that both names were equal at first and Council could decide the name for the playground. Wilson replied that the Friends now had a different stance because they had started the process for the fundraising. The two children who had worked on the names of the playground were working on the project. It was now a matter of practicality regarding the name for the playground. Council Member Perry felt that the final effort was to finance a playground regardless of what it was called. This was largely an adult decision when it started out that the children would name the playground. City of Denton City Council Minutes April 19, 1994 Page 3 Wilson stated that in the beginning the process was a choice by the children but a clear cut choice was not given. Council Member Miller stated that it was important to show the group'that the Council was behind the project and get on with the naming of the playground. Council Member Chew stated that he did not like the name of "Eureka!" but would vote for it as the fundraising process had already started. Consensus of the Council was to name the playground "Eureka!". 3. The Council received a report, held a discussion and gave staff direction regarding policies and procedures affecting the permanent part-time assistant municipal judge position. Sandra White, Municipal Judge, stated that she was seeking direction regarding matters dealing with the hiring of a permanent part-time municipal judge which was approved in the budget and would be effective August 1, 1994. Mayor Castleberry stated that the Judge had not made a recommendation regarding one of the questions. As the Municipal Judge answered to the City Council per the City Charter, he asked that the Legal Department respond regarding any legal issue~ dealing with the Charter requirements. Mike Bucek, Assistant City Attorney, stated that the Legal Department only had questions regarding the legality of the evaluation of part-time judge. The whole concept of a court of record was to take the politics out of the process and was why the judge of the court of record was appointed. The Council would want the judge to be responsive to Council. If the evaluation process were done by another staff member and not done by Council, would the COuncil be saying that the position did not carry the same weight as the other Council appointments. There was concern that the part-time judge would be responsible to the judge and not to the Council. What the Judge had asked for was probably legal but .that position must remember to be responsive to the needs of the court of record and to the Council. Mayor Castleberry stated that there would be two different positions, a municipal judge and a part time judge, and both could report to Council. Council Member Perry asked if the part-time municipal judge did the same duties as the municipal judge. 142 City of Denton City Council Minutes April 19, 1994 ' Page 4 White replied correct that all of the judges could do the same duties. Council Member Perry stated that the status would be equal which leaned in the direction of having Council doing the review. Council Member Miller stated that with the current part-time judges this was not an issue. There would still be accountability to the Council and the positions would still be responsible to the Council. He felt that the Council should follow the suggestion of Judge White. There would be a chief judge of municipal court and Council would review any evaluations before final disposition. Smith stated that Judge White knew what the two contract judges were doing while the Council did not follow their daily activities. She felt this would be the same case for a permanent part-time judge. White stated that there would be an administrative judge who would oversee the dockets and hours of work. Each judge would determine his own cases. The administrative judge would oversee the administrative portion of the process and not legal dealings with cases. Mayor Castleberry stated that there was a distinct difference between a contract judge and a permanent part-time judge. A permanent judge would be a city employee. Council Member Cott felt that if the functions were kept separate there would be less of an issue on appeals. White replied that the issue of a contract judge versus an employee was on how they were paid and how they were looked at in terms of sick leave, vacation, etc. A permanent part-time judge would be entitled to those benefits. She understood the ordinance indicated that 'the Council would appoint the individual and Council should decide what type of relationship to have with those judges. Bucek stated that the City did not evaluate a contract employee, If the City did not like a contract employee, he could easily be terminated. If the individual were a City employee there were certain due process rights to follow. In the review process, there was a greater standard with a permanent part-time judge as opposed to a contract judge. white replied that with the court of record legislation, a judge could only be removed from office in the same manner as a county court of law judge. 143 City of Denton City Council Minutes April 19, 1994 Page 5 Mayor Pro Tem Smith felt that someone needed to be in charge of schedulinq and balancing the work load. Council Member Perry stated that the new position would have the title of assistant municipal judge which moved that position into a status level which would be almost equal to the municipal judge. White replied that the contract judges had the same title. Council Member Perry stated that there were distinct differences between the two types of judges. Council Member Miller felt that there were two different issues. The Charter set up the assumption that there would be a municipal judge. If there were any way of following Judge White's suggestion without violating the Charter, Council should consider that option. Council would be in a difficult position to evaluate the assistant judge so Council should not evaluate that position. Due to a time constraint, this item was continued during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting on Tuesday, April 19, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem smith; Council Members Brock, Chew, Perry, and Miller. ABSENT: Council Member Cott 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Session of March 22, 1994. smith motioned, Brock seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5-0 vote as Council Member Chew abstained due to absence from the March 22, 1994 meeting. 3. The Council considered approval of a resolution of appreciation for Ruby Morris. 144 City of Denton City Council Minutes April 19, 1994 ' Page 6 Council Member Cott joined the meeting. The following resolution was considered: NO. RA94-012 RESOLUTION IN APPRECIATION OF RUBY MORRIS Perry 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. 4. The Council received a citizen report from Jennifer Hays regarding residential parking on the Square. Ms. Hays was not present at meeting. The Mayor presented the following proclamations: Sexual Assault Awareness Month Week of the Young Child Public Hearings A. The Council held a public hearing to consider a variance request to paragraph 34-114, (9) of the Code of Ordinances, pertaining to intersection spacing at the proposed Northwood Estates Addition. The 2.805 acre site was located on the southeast corner of Old North Road and Windsor Drive. (The Planning and Zoning Commission voted 3-3 at the April 13, 1994 meeting.) Frank Robbins, Executive Director for Planning and Development, stated that this was a variance request with a related preliminary plat on the Consent Agenda. If Council did not approve the variance, the preliminary plat must be pulled and denied. The Subdivision Regulations stated that the distance of intersections along arterial streets were to be at least 400 feet apart. In this proposal, the intersection on Windsor Drive was proposed to be 140 feet from its intersection with Old North Road. Two standards applied on Old North Road. As a collector Street, it required intersection spacing of 200 feet from Windsor. A similar subdivision layout could be achieved by rotating the current layout so that the cul-de-sac fronted on Old North Road. A distance of 185 feet (15 feet less than what was required) between the cul-de- sac right-of-way and windsor right-of-way would then be possible. This would meet the 150 foot offset requirement from Windy Hill. An intersection variance was needed no matter how the property was 145 city of Denton City Council Minutes April 19, 1994 ' Page 7 configured. A relative small number of homes would be developed on the site and only increase traffic to 80 trips per day. The developer felt that redesigning the plat would result in lost lots and infrastructure requirements would be greater. Some of the Planning and Zoning Commissioners felt that the lesser variance should be approved as it would have a less negative impact. In the long term there would be more traffic on Windsor than on Old North Road. Staff recommended denial of the variance as there were no peculiar conditions related to topography or shape of the p~operty which would preclude the petitioner from entering the subdivision off of Old North Road. The Planning and Zoning Commission ended up deadlocked on the issue with a 3-3 vote. The Mayor opened the public hearing. Doyle Conine stated that the property would not be able to be developed without a variance. It was felt that it would be better to bring the cul-de-sac out on Windsor. The City's current plan was for Windsor be become a southbound service road on Loop 288. This would require a bridge and was unlikely that it would appear. Old North Road had a higher volume of traffic than Windsor in that area. There would be no traffic on that segment of Windsor as the homes would have rear access garages. He asked for approval of the variance. Mayor Pro Tem Smith asked about the home on Lot 4 as it appeared that it would face Lot 5. Conine replied that that home would face Old North Road but would have rear access. No one spoke in opposition. The Mayor closed the public hearing. Council Member Cott asked about the difference in revenue if another configuration were used. Conine replied that the reconfiguration would result in the loss of at least one lot and cause the others to be a smaller size. The lots had originally been designed to be approximately 95 feet across the front. Council Member Brock asked about the' problem of the variance and the need for such. conine replied that the need for a variance was not noted in the Development Review Committee meeting. He found out several days 146 City of Denton City Council Minutes April 19, 1994 ' Page 8 before the Planning and zoning Commission meeting that a variance was needed. Council Member Miller stated that the petitioner was asking for a variance. There would be a greater problem putting the variance on Old North Road than on Windsor. He did not have a problem with the proposal. Council Member Cott agreed with the variance. Council Member Brock asked at what point was Mr. Conine notified about the variance. Robbins replied that the petition went through two Development Review Committee meetings before being discovered just before the Planning and Zoning meeting. Rick Svehla, Deputy City Manager, agreed that there had been a problem regarding notification of a needed variance and felt that the problem had been corrected. Because of the late discovery of a need for a variance, the appearance of the case before the Planning and Zoning Commission was changed. Mayor Castleberry expressed concern over the incident. Smith motioned, Miller seconded to approve the variance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance amending the detail plan for San Jacinto Plaza which is a portion of Planned Development District 6 located at 2300 through 2324 San Jacinto Blvd. This amendment would increase the maximum square footage for the Plaza at buildout from 129,000 to 135,430 square feet. (The Planning and Zoning Commission recommended approval at the April 13, 1994 meeting, 6-0.) Frank Robbins, Executive Director for Planning and Development, stated that this was an amendment to San Jacinto Plaza as a consequence of the developer wanting to enlarge a pad site. The site plan adopted in 1992 did not reflect the actual center already constructed. The proposal would approve what was already built and would approve the increase size in the pad site. The neighborhood residents had participated in the discussion of this proposal. The Mayor opened the public hearing. 147 city of Denton City Council Minutes April 19, 1994 ' Page 9 John Munson stated that this would be an update of the previous site plan. He had talked with the neighbors who requested a fence along the'back of the property. He was willing to build a fence west of Mervyn's to the end of the development. Council Member Brock stated that she appreciated the developer working with the neighborhood and their willingness to do the fence. No one spoke in opposition. The Mayor closed the public hearing. Council Member Brock stated that some of the neighbors had expressed concern that individuals were still trying to go through Township II to the shopping areas. They had requested signs on the adjacent streets which were not through to the shopping area and some type of barricade at the end of the street. She requested that staff consider taking care of those two problems. The following ordinance was considered: NO. 94-060 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 92-109 RELATING TO A PORTION OF PLANNED DEVELOPMENT (PD) NO. 6 BY REPEALING THE EXISTING DETAIL PLAN ANDADOPTING A NEW DETAIL PLAN FOR SAN JACINTO PLAZA BEING DESCRIBED AS 12.2077 ACRES KNOWN AS LOTS 2A, 3A, 5A, AND 6A, BLOCK A, REPLAT PART OF BLOCK A, TOWNSHIP II, PHASE II, CITY OF DENTON; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Mayor Castleberry noted that Item 6.A.5. had been pulled from consideration. Perry motioned, Chew seconded to approve the Consent Agenda. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 148 City of Denton City Council Minutes April 19, 1994 Page 10 ae Bids and Purchase Orders: 2. 3. 4. 5. Bid #1587 - Water Treatment Chemicals Bid #1611 - Furniture - DMC Bid #1616 - Padmounted Switchgear Bid #1577 - Airport Parking Lot Bid #1606 - Underground Electric Construction P.O. #44087 - Inchape Testing Service P.O. #44086 - Motorola Inc. Distribution Be Plats and Replats 1. Preliminary plat of Lot 1, Block i of the Gateway Addition. The 6.355 acre lot was located on the west side of Hinkle Drive, approximately 110 feet north of Meadow Ridge Road. (The Planning and Zoning Commission recommended approval at the April 13, 1994 meeting, 6-0.) Preliminary plat of Lot 1, Block i of the Spencer Addition. The .9848 acre lot was located on the south side of Highway 380, approximately 630 feet west of Mayhill Road. (The Planning an Zoning Commission recommended approval at the April 13, 1994 meeting, 6-0.) Preliminary plat of Lots i through 8, Block A of the Northwood Estates Addition. The 2.805 acre site was located south of Windsor Drive, and east of Old North Road. (The Planning and Zoning Commission voted 3-3 at the April 13, 1994 meeting.) Tax Refunds 1. Golden Triangle J/V - $1,017.44 2. GOlden Triangle J/V - $999.27 3. Golden Triangle J/V - $584.86 7. Ordinances Council considered the following bid ordinances: A. NO. 94-061 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 149 City of Denton City Council Minutes April 19, 1994 Page 11 B. NO. 94-062 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. C. NO. 94-063 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH INCHAPE TESTING SERVICES FOR PROFESSIONAL TESTING SERVICES RELATING TO A SERIES OF TEST FOR THE WASTEWATER TREATMENT PLANT FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. D. NO. 94-064 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATELAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt ordinances A-D. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance abandoning and vacating a portion of Deerwood Parkway, located west of its intersection with Grant Parkway, as a public street; and reserving a drainage and utility easement. (The Planning and zoning Commission recommended approval at the March 9, 1994 meeting, 5-1.) Frank Robbins, Executive Director for Planning and Development, stated that Grant Parkway would not be extended. This proposal would enable Lot 1 to be built and would not require setback standards. The Planning and Zoning Commission recommended approval. The following ordinance was considered: 150 City of Denton City Council Minutes April 19, 1994 - Page 12 NO. 94-065 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING A PORTION OF DEERWOOD PARKWAY, LOCATED WEST OF ITS INTERSECTION WITH GRANT PARKWAY, AS A PUBLIC STREET; RESERVING A DRAINAGE AND UTILITY EASEMENT; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the City Manager to execute an interlocal agreement between the City of Denton and Texas Natural Resource Conservation Commission to establish and operate a demonstration composting project. Cecile Carson, Community Development Coordinator, stated that this grant would allow the City to conduct a second year of composting demonstrations. In 1992 Keep Denton Beautiful received funding for Phase I of a backyard compost demonstration and tested 10 different types of units. This grant would authorize the testing of 10 different types of units and would determine alternate methods to use which were best for Denton. Council Member Brock questioned the figure which indicated that 24% of the total landfill waste was residential pickup. Carson replied that that was correct. Approximately 25% of the residential solid waste in Denton was identified as yard waste. The percentage was not high from the commercial area and there was a greater percentage from households. Council Member Perry stated that he was in favor of the project. Joyce Poole stated that according to studies done, 25% of the residential waste stream was going into landfill. She was in favor of the composting project and was in support of the ordinance. The following ordinance was considered: 151 City of Denton City Council Minutes April 19, 1994. Page 13 NO. 94-066 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS NATURAL RESOURCE CONSERVATION COMMISSION TO ESTABLISH AND OPERATE A DEMONSTRATION COMPOSTING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification driver who were also assigned to perform the duties of maintenance/logistics officer. Rick Svehla, Deputy City Manager, stated that the next two ordinances dealt with civil Service employees who would receive assignment pay for particular tasks. The dollars had been budgeted for and this was a formality to follow Civil Service requirements. The following ordinance was considered: NO. 94-067 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION DRIVER WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF MAINTENANCE/LOGISTICS OFFICER; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye"; Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance authorizing assignment pay for Fire Department employee in the classification of captain who was also assigned to perform the duties of EMS program manager. The following.ordinance was considered: 152 City of Denton City Council Minutes April 19, 1994 Page 14 NO. 94-068 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEE IN THE CLASSIFICATION OF CAPTAIN WHO IS ALSO ASSIGNED TO PERFORM THE DUTIES OF EMS PROGRAM MANAGER; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I. The Council considered adoption of an ordinance amending portions of Chapter 6, Article I, Section 6-9 of the Code of Ordinances relating to dogs running at large and Section 6-31 relating to registration fees; providing an exception to the leash requirement for the work and training of police canines. Rick Svehla, Deputy City Manager, stated that the City was in the process of implementing a canine unit and the current city ordinance required all dogs to be leased. This ordinance would omit those requirements for the police canines. The following ordinance was considered: NO. 94-069 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF CHAPTER 6, ARTICLE I, SECTION 6-9 OF THE CODE OF ORDINANCES RELATING TO DOGS RUNNING AT LARGEAND SECTION 6-31 RELATING TO REGISTRATION FEES; PROVIDING AN EXCEPTION TO THE LEASH REQUIREMENT FOR THE WORK AND TRAINING OF POLICE CANINES; PROVIDING AN EXCEPTION TO THE REQUIREMENT OF PAYMENT OF REGISTRATION FEES FOR POLICE CANINES; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS OF THE PROVISIONS HEREOF; PROVIDING FOR A DEFINITION OF POLICE CANINE; AND PROVIDING FOR AN EFFECTIVE DATE. smith motioned, Chew seconded to adopt the ordinance, on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance authorizing the Mayor to execute an interlocal agreement between the city of Denton and the Texas Department of Transportation for 153 City of Denton city Council Minutes April 19, 1994 ' Page 15 acquiring necessary rights-of-way for a highway project on Loop 288. Rick Svehla, Deputy City Manager, stated that a substitute ordinance had been presented to Council which changed the highway designation from Loop 288 to US380. The Highway Department was developing plans to widen and improve US 380 from Loop 288 to US 377. The highway would be expanded to a six lane facility with a left turn lane. This was the standard agreement the Highway Department required for local participation. The following ordinance was considered: NO. 94-070 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTONAND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR ACQUIRING NECESSARY RIGHTS OF WAY FOR A HIGHWAY PROJECT ON US380; AUTHORIZING THE EXPENDITURE THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. K. The Council considered adoption of an ordinance naming a public playground at South Lakes Park. The following ordinance was considered: NO. 94-071 AN ORDINANCE NAMING A PUBLIC PLAYGROUND IN SOUTH LAKES PARK; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Chew seconded to name the playground "Eureka!". Mayor Pro Tem Smith stated that she was opposed to the name "Eureka!" but would vote for it for a united front of the Council. She would be in support of the playground whatever name was chosen. Council Member Perry stated that in the spirit of doing good for Denton, he would change his vote in favor of "Eureka!". Council Member Miller stated that there was a fund raising program going on for the playground which needed much citizen support. 154 City of Denton City Council Minutes April 19, 1994 ' Page 16 On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. L. The Council considered adoption of an ordinance amending the election precinct designations established by the Commissioners Court of Denton County, Texas contained in the voting district for the City of Denton to reflect the new precinct designations that have been adopted by Denton County, Texas. Jennifer Walters, City Secretary, stated that this ordinance and the next were housekeeping items. The County Commissioners had changed several of their precincts and this ordinance would reflect those changes. The following ordinance was considered: NO. 94-072 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ELECTION PRECINCT DESIGNATIONS ESTABLISHED BY THE COMMISSIONERS COURT OF DENTON, COUNTY, TEXAS CONTAINED IN THE VOTING DISTRICTS FOR THE CITY OF DENTON TO REFLECT THE NEW PRECINCT DESIGNATIONS THAT HAVE BEEN ADOPTED BY DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye't, Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. M. The Council considered adoption of an ordinance approving Amendment No. 2 to an agreement between the City of Denton and the Denton Independent School District relating to holding their elections jointly in the election districts that can be served by common polling places. The following ordinance was considered: NO. 94-073 AN ORDINANCE APPROVING.AMENDMENT NO. 2 TO ANAGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT RELATING TO HOLDING THEIR ELECTIONS JOINTLY IN THE ELECTION DISTRICTS THAT CAN BE SERVED BY COMMON POLLING PLACES; AND PROVIDING FOR AN EFFECTIVE DATE. 155 City of Denton City Council Minutes April 19, 1994 ' Page 17 Brock motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. N. The Council considered adoption of an ordinance adopting a city logo to be used as the official logo of the City of Denton; and prohibiting the use of such logo by any person, firm, corporation, or organization, other than the city of Denton without written approval of the City Council. Joseph Portugal, Assistant to the city Manager, stated that the adoption of the proposed ordinance would formalize the official use of a City flag and logo. The following ordinance was considered: NO. 94-074 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A CITY LOGO TO BE USED AS THE OFFICIAL LOGO OF THE CITY OF DENTON; PROHIBITING THE USE OF SUCH LOGO BY ANY PERSON, FIRM, CORPORATION, OR ORGANIZATION, OTHER THAN THE CITY OF DENTON WITHOUT WRITTEN APPROVAL OF THE CITY COUNCIL; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council held a discussion and considered approval of a proposed annexation schedule for 79.69 acres located along FM2164 approximately 3,482 feet north of Bobcat Road and extending 450 feet on the west side and 550 feet on the east side of FM2164. Harry Persuad, Senior Planner, stated that the schedule related to a proposed strip annexation north of Bobcat Road. This annexation would allow the City to extend its extraterritorial jurisdiction control to include most of the area south of FM 2153. There were no homes in the area included for annexation. According to the proposed schedule, the Council would vote on the annexation on June 7 and July 19, .1994. Mayor Castleberry asked how far the city's ETJ would extend from the new annexation line. 156 City of Denton City Council Minutes April 19, 1994 Page 18 Persuad replied that it would extend three and a half miles from Denton's city limits. Mayor Castleberry asked if that included Lake Ray Roberts. Persuad replied that Sanger had annexed some property around the Lake which was really in Denton's ETJ. Staff was proposing an apportioned agreement which the Council would consider in the near future. Mayor Castleberry expressed interest in the zoning around Lake Ray Roberts and indicated that he would like to have the City's ETJ extended to that area. Rick Svehla, Deputy city Manager, stated that the City could extend its boundaries up Locust Street and then swing an arc east to include that area. Persuad stated that another route might be to go to Highway 2464 but that would include home properties in that area. Mayor Castleberry stated that the City needed to begin thinking in terms of protecting its interest in Lake Ray Roberts and suggested bringing the item back on a fast track for annexation. Perry motioned, Cott seconded to proceed with the proposed annexation schedule and direct staff to return with a second annexation schedule to Lake Ray Roberts as soon as possible. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. The Council considered nominations/appointments to the Plumbing and Mechanical Code Board and the Keep Denton Beautiful Board. Mayor Castleberry indicated that Council Member Brock had nominated Lee Caps at the last meeting to the Plumbing and Mechanical Code Board. On roll vote of that nomination, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry ',aye", and Mayor CastleberrY"aye". Motion carried unanimously. Council Member Perry nominated Jane Powell to the Keep Denton Beautiful Board. 157 City of Denton City Council Minutes April 19, 1994 ' Page 19 10. vision Update Council Member Brock stated that there had been a very successful open house at the vision Room on April 10th. There had been much interest in the displays and the entire project. The education group had had its first meeting due to a change in leadership. She wished to make a statement about issues concerning the project. At the last meeting, Council Member Miller had presented an update regarding the project and ~sked if Council had any questions or concerns regarding the project. She was quite surprised to see that Council Member Cott had gone to the press shortly thereafter to raise questions about the Vision project. The same questions which he raised with the press had been publicly discussed by the Council at a televised meeting several months ago. In addition, Council Member Miller and she met privately with Council Member Cott to explain why it would not be appropriate or possible for them to set financial parameters on the Vision project. Council Member Cott gave every indication of being satisfied with the explanation. Since Council Member Cott had publicly called her irresponsible and because the newspaper chose to give considerable prominence to his statements and charges, she wanted to comment on the issues one more time. As the Council's representatives to the vision cabinet, Council Member Miller and she did not have the authority to set any fiscal limits even on this present Council. They were only two votes out of seven and only the Council could spend taxpayer's money or set limit's on the spending of taxpayer's money. They did not have the authority to limit the spending of an elected Council which would be in place in the year 2020. Even more, they could not set limits on the six other entities who were joint sponsors of the project. No organization could plan a future by setting a spending cap before it set a goal. It could not be determined what amount would be enough for the future. First goals must be determined and then determine how to meet those goals. Many projects from the vision Project would not take any public money. Each impact group must create a vision and then decide on how to implement that idea. If that goal involved public money, the idea would have to be sold to the community. Council Member Cott felt that the issue was what was vision and what was the City. In his opinion the Vision program was completely separate from the city. The City had to wait and /understand how much the project would take, over a period of time, from the city coffers. He did not know of any organization which was willing to permit that to happen. How much taxpayer money would be needed. Most organizations, going to a bank to grow, did not say that they would tell the bank over the n~xt ten years how much they wanted to borrow. (NOTE: At the Council meeting of 5/17/94, Council Member Cott asked that the following be added to 158 City of Denton City Council Minutes April 19, 1994 Page 20 the minutes for clarification: Any organization that wanted to grow had to tell the bank what its plans were up front and how much money it would need. The bank would then determine whether it had the assets to be able to borrow as much as it wanted.) There were three voting members on the committee and coming back to the Council was not completely coming back to discuss the issue. The members would have already voted on the issue when on the Vision group and then would be coming back to Council for a decision. On a combination of revenue and other debt, the City had now about $90 million in debt and had just created a half cent sales tax increase and reduced real estate tax of approximately $3-5 million. He expressed concern that the people who just received that decrease would lose it unless there was some control. His concern was that the City's debt capacity base was approximately between $1-5 million per year including revenue bonds. His concern was that the real estate tax would be taken back, the debt situation in the community would be attacked and if there were some comfort factor of a spending limit, he would feel better about the project. Council Member Brock stated that there was no way the project could take money from the city coffers. The only people who could do that were the elected representatives of the people and if the people did not like what the' Council was doing, they could remove and replace them every year. It was the elected officials, representing the taxpayers, who made those decisions. There was no way the Vision Cabinet could take money from the City and it took four votes to do anything on Council. Council Member Miller stated that in talking about the $90 million in debt, $30 million was general debt with the rest dealing with utilities. There was a difference between what was visioning and what was setting a budget. Vision was what Denton would be in the year 2001. The project should not be hampered by putting on a dollar amount on the project. One of the early concerns of Council Member Cott was that people who were involved in the process would feel that they had been misled if they determined a dream and that dream could not be supported financially. Council Member Miller did not agree with that concern and suggested that Council Member Cott attend the initial session of each impact group and express that concern. Council Member Cott did not do that. It was unfair to the process to continue with that type of negativity over the project. 159 City of Denton City council Minutes April 19, 1994 Page 21 11. Miscellaneous matters from the City Manager. Council continued with Work Session Item ~3. 3. The Council received a report, held a discussion and gave staff direction regarding policies and procedures affecting the permanent part-time assistant municipal judge position. Mayor Castleberry suggested working through each question individually. Question #l dealt with a salary range being devised for the position. Council Member Miller indicated that he was in favor of proceeding with the recommendation to work with Human Resources on a salary range. Consensus of the Council was to proceed with the recommendation of directing the Human Resources Department to survey other cities that employ a permanent part-time judge to determine appropriate salary ranges. Question #2 dealt with whether the part-time judge should report directly to Council for a yearly performance review or should the judge's performance be reviewed by the chief Judge with a report and recommendation to Council by the Chief Judge. Mayor Castleberry stated that the recommendation of the Municipal Judge was that the part-time judge's performance be reviewed by the chief Judge with the chief Judge making the report and any recommendation concerning salary increases to the Council. He had a concern that this procedure might not be in accordance with the City Charter provisions. Mike Bucek, Assistant city Attorney, stated that he had raised the issue regarding how the evaluation process would work. The Chief Judge would work with the City Clerk to determine schedules and similar administrative activities. The only issue raised in this item was how the evaluation process would be done. He wanted Council to be clear about a termination process. One item used during a termination process was prior evaluations. He had a concern that if the Municipal Judge evaluated and signed those evaluations, they could be used against the Council during a termination procedure. The Legal Department was concerned that the Council would have no opportunity to sign off on the evaluations. Under the Charter, if the Council was unhappy with the assistant judge, it could fire the assistant judge and that was why the 160 City of Denton City Council Minutes April 19, 1994 Page 22 evaluation took on a different light. Council Member Cott asked for a clarification regarding the potential firing of an assistant judge and the results of that firing. Assistant City Attorney Bucek stated that any time the Council followed the statute for court of record regarding termination, the Council must follow a point of consideration which would probably be the employee's evaluations. Council Member Cott stated that the evaluation process needed to be established by the Council but conducted by the Municipal Judge. Bucek stated that it needed to be certain in whatever was designed if the Municipal Judge did the evaluation that there was some kind of review by Council which indicated a final say in the evaluation. Council needed to keep some kind of control over the evaluation. Mayor Castleberry asked what other cities were doing which currently had a court of record. Bucek stated that Arlington was doing the evaluation by the City Council but a survey could be done regarding other cities. Mayor Castleberry stated that he would like to see what other cities were doing. Council Member Miller felt that there was a practical aspect of the Council observing what the judges were doing. There was a Municipal Court Committee to which the judge could report preliminary data prior to a final determination of an evaluation. The Committee could then review that information. White replied that Carrollton had a full-time judge and a part-time judge and their procedure was to go through a committee similar to Denton's for reviews. She stated that the actual legislation which would implement the court of record indicated that the governing body would set the compensation of the assistant judges. The Council had set an initial rate of $17 per hour for an assistant judge which was in the current budget. Mayor Castleberry suggested doing a survey of other cities in this area. Council Member Miller agreed with the suggestion of a survey and felt that evaluations should not be done with the purpose to protect the City. Out of the evaluation process should come 161 City of Denton city Council Minutes April 19, 1994 Page 23 favorable results. Council Member Perry stated that he would like to have additional information but have the Legal Department review any procedures. Question 3 dealt with whether the part-time judge be allowed to engage in outside practice of law or any other employment activities. Consensus of the Council was that that was a reasonable recommendation. Question 4 dealt with whether the Council wished to provide any benefits other than the required part-time sick, vacation and retirement pay. The recommendation of the Municipal Judge was to pay a certain dollar amount, such as $300.00, for a criminal evidence continuing legal education seminar. Mayor Pro Tem Smith agreed with the recommendation to consider payment of a criminal evidence legal seminar up to a certain dollar amount. She felt that was critical for training and continued education of a part-time judge. Mayor Castleberry stated that the Municipal Judge had recommended only payment of the continuing education course. White stated that in addition to the mandatory 12 hour required course, the part~time judge be funded up to $300 for a continuing legal education seminar on evidence. Consensus of the Council was to check what the procedure was with other part-time employees and what was done with the attorneys in the Legal Department. Question 5 dealt with the selection process of the part-time judge. The Municipal Judge's recommendation was that the Chief Judge review the applicants and discuss the finalists with the City Council Municipal Court Committee members, then make a hiring recommendation to the City Council Committee to be presented to the full Council. Council Member Cott felt that this was similar to the prior subject the Council had been discussing. Bucek stated that the normal approach would be to reduce the number of applicants down to three or four, bring those to the Council and Council make a selection from at least two applicants. 162 City of Denton City Council Minutes April 19, 1994 Page 24 Council Member Cott asked if the Council's principal interest in the part-time position was related to a case of a potential lawsuit regarding an incorrect firing procedure the Council would not normally have. Bucek stated that the Council had a lot of authority to delegate the day-to-day operation of the City but if the only individual the Council was looking at was the finalist, could other applicants not interviewed make a claim that the Council unlawfully delegated its authority. Council Member Miller suggested using the Municipal Court Committee to review perhaps three applicants and bring a finalist to Council. Mayor Castleberry asked if it was the consensus of the Council that no final decision be made at this meeting regarding these items. On this question the Council would consider utilizing the Council subcommittee reviewing at least three applicants and the Committee would make a recommendation to the Council. Council Member Chew felt that the Committee should be utilized. Question 6 dealt with the advertising of the part-time position. The Municipal Judge indicated that if the position were advertised in-house only, the applicant pool would consist of all persons employed as attorneys in the City Attorney's Office and the two contract Assistant Judges. If the position were advertised throughout the State and the Metroplex, funds would have to be allocated to the Judge's budget to pay for newspaper ads and State Bar of Texas Journal ads. Assistant City Attorney Bucek stated that in order to meet Equal Opportunity Employee requirements, there needed to be some attempt to look outside the City for an applicant. An ad could be run in the Denton paper which would show that the City attempted to look for individuals beyond the present staff. Mayor Castleberry felt that the same procedure should be followed as for other city positions. Consensus of the Council was to determine the normal procedure for advertising. Question 7 dealt with whether the Council wanted to provide a judicial robe for the part-time judge. Council Member Chew felt that the City needed to provide a robe for the part-time judge. 163 city of Denton City Council Minutes April 19, 1994 Page 25 White asked if the Council would want to provide robes for the contract judges. Consensus of the Council was to provide a robe for the part-time judge and return with a recommendation concerning the contract judges. White asked if this item could be placed on an agenda as soon as possible due to budget considerations. Rick Svehla, Deputy City Manager, continued with Miscellaneous Matters from the city Manager. A. The Council had discussed televising a work session in the Council Chambers. Staff had two items available to present to Council on the 26th if they so desired. If the Council did not want to meet on the 26th, the work session could be televised at the first meeting in May. The Council could meet in Executive Session in the civil Defense Room and then move to the Council Chambers for the Work Session. A time would have to be established to begin the Work Session,and if the Executive Session were not completed, Council would have to reconvene after the Regular Session. Consensus of the Council was to not hold a meeting on the 26th. B. A special meeting was required on May 10th to canvass the election. TWU was hosting a special dinner and reception on the same evening for Dr. Chater. The reception would be at 6:30 and the dinner at 7:00 p.m.. As several-council members had expressed an interest in attending the event, the Council meeting could be moved up in order to facilitate that event. Council could meet at 5:30 p.m. and be finished by approximately 6:00 p.m. Consensus of the Council was to begin the meeting at 5:30 p.m. for canvassing the election and swearing in new members. 12. There was no official action taken on Executive Session items discussed during the Work Session. 13. New Business The following items of New Business were suggested by Council Members for future agendas. A. Council Member Brock stated that Council had received a letter from Barbara Coe asking that Council discuss the care of ill/injured animals in the Animal Control Center. 164 city of Denton city Council Minutes April 19, 1994 Page 26 Mayor Castleberry felt that the Council should be brought up to date on what was currently being done, under what authority did the Denton Humane society have to go into the Animal Control Center and any liability issues involved. B. Council Member Miller asked for a schedule for the Boards and Commissions nominating process, the Reception, etc. C. Council Member Miller stated that he had heard a presentation from Leadership Denton on two areas of study. One dealt with doing business with the City of Denton and the other dealt with diversity in the community. He felt both would be good subjects for a work session. One recommendation from the study was to consider reviewing the Denton Development Plan. He suggested putting a discussion of this whole area on a work session. Another question dealt with how the process worked within the City when a developer felt the need for an appeal process. A third issue dealt with what the City role was in the area of diversity and responding to the needs of all citizens. 14. There was no Executive Session held during the Regular Session. With no further business, TNIP~R~LTERS Y SECRETARY CITY OF DENTON, TEXAS the meeting was adjourned at 9:38 p.m. ACC001C5