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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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:
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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:
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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:
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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City of Denton City Council Minutes
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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
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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.
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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.
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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.
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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