Minutes October 18, 1994142
CITY OF DENTON CITY COUNCIL MINUTES
October 18, 1994
The Council convened into a Closed Meeting on Tuesday, October 18,
1994 at 5:15 p,m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. The Council considered the following in a Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered action in Dawson vs. City of Denton.
e
Received a legal opinion concerning the City of
Denton's provision of fiber optics service.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
1. Considered appointment of an Acting City Attorney.
The Council convened into the Work Session on Tuesday, October 18,
1994 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. The Council received a report, held a discussion, and gave
staff direction regarding funding for Eureka Playground at South
Lakes Park.
Micki Oland, Park Planner, reviewed the funding for the project.
The total cost of the project was $185,000, the city had provided
$35,000, which left a balance of $150,000 that the community would
need to raise. As of this time, the community had raised $134,000
leaving %16,000 left to be raised. The Parks and Recreation
Department had been working with Friends of South Lakes Park and
developed a fall back position which would allow additional funds
to be allocated for the playground. The proposal would allow Park
Division crews to install the northern playground and the money
which would have been spent for that construction would be used on
the Eureka! playground. It was felt that this would be a win-win
situation. The Friends of South Lakes Park felt that this proposal
might not be necessary to use.
143
City of Denton City Council Minutes
October 18, 1994
Page 2
Loyce Wilson, Parks and Recreation Board stated that she was also
a co-coordinator for Eureka! playground. The Committee was made up
of 35 members representing all areas of Denton County.
Presentations had been made to many organizations regarding the
playground. The fund raisers had been very successful and they
were within $16,000 of their goal. They were asking to not have
city. staff install the northern playground as they wanted to
continue to raise their funds. It was felt that they had covered
all costs but would like the City to remain receptive to provide
funding for the project if it should be necessary.
Mayor Castleberry indicated that at the request of the Committee
the City would delay the proposal until a future date.
Consensus of the Council was to delay consideration until a further
date.
2. The Council received a report, held a discussion and gave
staff direction regarding solicitation from City of Denton streets.
City Manager Harrell indicated that per the Council's direction,
the draft solicitation ordinance was returned for Council
consideration. He felt that it would be helpful if the Council
would indicate any changes or refinements it would like to see made
to this proposed ordinance and after that, if Council desired to
proceed with a public hearing, staff would like to know a tentative
date for that hearing.
City Attorney Drayovitch stated that staff had updated the legal
research since the last time this item had been considered.
Section I of the proposed ordinance indicated a prohibition for
anyone to solicit charitable contributions unless a permit had been
received from the Chief of Police or his designee. That was based
on a State statute which prohibited solicitation in the roadway
unless it was for a charitable solicitation that a City had
exempted. There were some concerns about this statute regarding a
possible challenge due to the prohibiting of commercial sal~s from
the streets.
Council Member Cott stated that the Council had been informed that
there might be personal liability under this particular point. If
the Chief were to refuse a permit could that individual pursue a
suit against the Council personally.
Mike Bucek, Assistant City Attorney, stated that one suggestion
made in the materials supplied to Council was that there needed to
be some appeal route from the Police Chief to some other entity.
Staff's recommendation was that an appeal come to the City Council.
144
City of Denton City Council Minutes
October 18, 1994
Page 3
The liability issue stated that whoever was the last person to deny
a permit, when someone was entitled to it, could be sued. The
concept of personal liability versus official liability should be
discussed in Executive Session.
city Attorney Drayovitch stated that the second provision in the
ordinance discussed the filing of the application with the Chief of
Police to obtain the permit to solicit and what the application
would contain. There were some items which were referred to in
that section which various courts had struck down. Subsection 5
provided for a statement disclosing each conviction of a crime
amounting to a felony or misdemeanor involving dishonesty or moral
turpitude. That had been struck down by the 5th Circuit Court and
by the Northern District Court of Texas. Provision 6 which
indicated that an applicant needed to sign an affidavit stating
that at least 75% of the monies collected by the charitable
solicitation would be used for the direct benefit of the stated
purpose or purposes of the solicitation was a thoughtful and well
intended provision. It was intended to protect the taxpayers from
people who solicited without the highest goals in mind and where a
high percentage of that money never ended up helping the people for
whom the solicitation was conducted. The Supreme Court of the
United States had twice addressed this issue and had held that this
was an infringement upon the First Amendment right to free speech
provision.
Mayor Pro Tem Brock stated that it was not necessary to put "permit
issued by the Chief of Police or his designee" in the ordinance.
City Attorney Drayovitch stated that that was because there was a
general provision at the beginning of the Code of Ordinances that
provided that whenever the Code referred to an officer of the city,
such as the City Manager, that that term shDll also include the
designated representative of that individual officer.
Council Member Miller asked if any State law or city ordinance had
been challenged since the Change in the law in 1989.
Bucek replied that they have not seen a written opinion where any
law had been challenged.
city Attorney Drayovitch stated that provision 7 was also a point
of concern. Subsection 8 was a hold harmless and indemnification
agreement and an insurance policy. The Seventh Circuit of the
Northern District of Texas, the Fifth Circuit Court as well as
other District Federal courts had invalidated provisions requiring
insurance or bonds as it constituted a prior restraint on First
Amendment speech. There was no specific court decision regarding
145
City of Denton City Council Minutes
October 18, 1994
Page 4
the validity of a hold harmless agreement.
Bucek stated that the insurance clause was involved with the
indemnification clause and the Court took it as a whole and
indicated that that was prior restraint. It did not break out the
two although the focus of the case was on insurance.
City Attorney Drayovitch stated that the next subsection referred
to the establishment of a fee to obtain the permit. Again the
Fifth Circuit Court of Appeals struck down and invalidated a Dallas
ordinance fee of $6 per day and held it unconstitutional. Staff
expressed a concern with regards to that provision. Subsection G
did not have a specific case addressing this type of provision.
Staff had articulated a concern because this would allow
solicitation during heavy rush hours of traffic and could be
subject to attack if someone were injured during a solicitation.
Bucek stated that there had been a recent case in the Seventh
Circuit where a daylight provision had been upheld.
Council Member Miller indicated that Council had asked to amend the
ordinance to read solicitation only during daylight hours.
City Attorney Drayovitch stated that the final concern dealt with
the solicitation by individuals under 18 years of age. It had been
proposed to put the age limit at 14 years old. The concern was
that all persons possessed the First Amendment privileges and that
might be an argument which would be articulated.
Bucek stated a concern which had been raised was allowing City
employees while on duty and while in uniform to solicit which might
be a violation of the State statute. In the case of the fire
fighters, they could wear clothing identifying them as a fire
fighter because they were certified by the State of Texas but could
not wear clothing identifying them as a City of Denton employee.
If someone were in uniform and on duty and were injured while
soliciting on the streets, then the City wo~ld have to pay worker's
compensation. If a City employee went out into the street for a
solicitation and a car swerved to miss that City employee and hit
another car, it would be the City's responsibility.
Council Member
approved, what
ordinance.
Cott stated that assuming the ordinance were
would be the procedure to later cancel that
Bucek stated %ha% %his type of ordinance did not require a public
hearing and repealing the ordinance could happen rather quickly.
146
City of Denton City Council Minutes
October 18, 1994
Page 5
Council Member Miller questioned the tax exempt status and whether
that would be a constitutional question or one dealing with content
neutral. If an ordinance were written to allow a charitable
organization to solicit, would there be a problem leaving that
section in to demonstrate what the charitable organization was.
Bucek stated that there could be "freedom of speech" organizations
which were "for profit". There might be charitable organizations
which were also "for profit". The definition of what was "for
profit" varied from state to state. Under the State statute, all
charitable groups had to be treated the same.
Council Member Miller asked if when the State statute allowed for
charitable organizations, was it allowing "for profit" charitable
organizations as well as for "non-profit" organizations.
Bucek replied that if it were constitutional, it was.
Council Member Miller stated that his understanding of the State
statute was to allow ordinances which would allow charitable non-
profit organizations to solicit. He had a problem if the intent of
the law was to also allow for profit organizations to solicit.
Bucek stated that that law was very narrow and only indicated
charitable organizations. It did not use any terms to define
profit or non-profit.
Council Member Miller asked if the City could have an
interpretation from the Attorney General's Office as to what the
intent was of that law. He felt that the proposed ordinance'would
be for a non-profit organization as opposed to a for-profit
organization.
Bucek replied that since this was not an open records request to
the Attorney General, there was only a certain select group of
State officials who could request an Attorney General's opinion.
Council Member Miller asked if that type of provision was in any
other city's ordinance. He felt that there needed to be a
definition of what was a charitable organization.
City Attorney Drayovitch stated that it would be a good idea to
have an Attorney General's opinion as the concern had been
articulated before.
Council Member Smith asked if the ordinance could be limited to
charitable organizations or would it have to include commercial
groups as well.
147
City of Denton City Council Minutes
October 18, 1994
Page 6
Bucek stated that there were certain court cases which indicated
that commercial speech was not as protected to the degree of non-
commercial speech.
Mayor Castleberry indicated that he had two speaker cards on this
item but indicated that the rules of the work session did not allow
for speakers at that session.
Miller motioned, Chew seconded to redraft the ordinance on the
basis that it would be for charitable organizations and the other
provisions which would be constitutionally valid and request an
opinion from the Attorney General's office as to his interpretation
of charitable organizations. When the ordinance was completed, the
Agenda Committee would determine whether to place the ordinance on
an upcoming work session or schedule it for a public hearing. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "nay", and Mayor Castleberry "nay". Motion carried
with a 5-2 vote.
3. The Council received a report andheld a discussion regarding
the status of Corbin Road.
Due to a time constraint, this item was discussed during the
Regular Session under Miscellaneous Matters from the City Manager.
4. The Council received a report and held a discussion regarding
the 1994-96 Workforce Diversity Plan.
Due to a time constraint, this item was discussed during the
Regular Session under Miscellaneous Matters from the City Manager.
The Council convened into th~ Regular Meeting on Tuesday, October
18, 1994 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock~ Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
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 August
23, 1994 and August 30, 1994 City Council mee%ings.
148
City of Denton City Council Minutes
October 18, 1994
Page 7
Brock motioned, Smith seconded to approve the minutes as presented.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor Castleberry presented the following proclamations:
National Physical Therapy Month
Domestic Violence Awareness Month
3. Citizen Reports
A. The Council received a citizen report from Dessie Goodson
regarding various issues concerning the City.
Ms. Goodson stated that the Council resembled a puzzle and a yo-yo.
As a concerned citizen she questioned the Council,s ability to see,
to hear the community,s concerns to reopen the downtown fire
station and to hire more fire fighters. The community was very
grateful for the work of the fire fighters but more were needed.
The money was there and she asked why the Council was refusing to
use it. She asked the Council to take a stand and do what was best
for the community. She asked why the Council felt it was necessary
to shift their responsibilities to a citizen ommlttee on this
c '
subject. She asked how many more lives or a lifetime of work had to
be lost before the Council received the message that more fire
fighters were needed.
4. Public Hearings
A. The Council held a public hearing and considered a
variance to Section 34-124 of the Code of Ordinances pertaining to
drainage improvements for New Place Addition. This 2.616 acre
tract was located at the end of Wisteria north of Willowood. (The
Planning and Zoning Commission recommended approval, 5-0).
Frank Robbins, Executive Director for Planning and Development,
stated that this was a variance request to the requirement ~o build
an underground drainage system. In this particular subdivision, a
drainage system, according to the standards, would have been
required in this area. The Planning and Zoning Commission felt
that this was a unique situation in which the underground drainage
was not necessary because of the topography of the drainage area.
There was an associated plat on the Consent Agenda which would
grant an easement for the 100 year flood in the area. The natural
drainage of the area would carry the 100 year storm. If the
variance was not approved, the plat should not be considered.
149
City of Denton City Council Minutes
October 18, 1994
Page 8
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Cott asked about the slope of the drainage.
Robbins replied that it was not a steep slope.
Mayor Pro Tem Brock asked for a definition of the 100 year storm.
Robbins replied that it was a statistically calculated and moving
average of a storm which had a statistical probability of occurring
1% in one year. The City had not come close to a 100 year storm
based on those calculations.
Brock motioned, Cott seconded to grant the variance. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. The Council considered a variance to Section 34-114 (17) of
the Subdivision and Land Development Regulations for Lot 1, Block
1, of the Fred Hill Addition. The 1.781 acre site was located on
the south side of Hickory Street at Bradshaw Street. (The Planning
and Zoning Commission recommended denial 5-0).
Chew motioned, Perry seconded to postpone the discussion of this
item to the October 25th meeting.
Mayor Castleberry indicated that Mr. Hill and Mr. Edwards were not
able to attend this meeting.
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
Perry motioned, CheW seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
150
City of Denton City Council MinUtes
October 18, 1994
Page 9
A. Bids and Purchase Orders:
Bid # 1649 - Police Uniforms
Bid ~ 1673 - Airport Runway Extension
RFP # 1670 - Historic Inventory of Denton
B. Payments
1. Texas Natural Resource Conservation Commission
C. Plats and Replats
Preliminary plat of the New Place Addition. The
2.616 acre site was located at the end of Wisteria
north of Willowood. (The Planning and Zoning
Commission recommended approval, 5-0).
7. Ordinances
The Council considered the Consent Agenda Ordinances 7A.-7D.
Smith motioned, Perry seconded to adopt Consent Agenda Ordinances
7A-7D. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
A. NO. 94-191
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. (~.A.1. - Bid ~ 1649)
B. NO. 94-192
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PRgVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (6.A.2. -Bid # 1673)
C. NO. 94-193
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL 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. (6.A.3. - RFP
~1670)
151
City of Denton City Council Minutes
October 18, 1994
Page 10
NO. 94-194
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY
FOR FEES FOR THE PAYMENT OF TAXES OR APPLICATION OR LICENSES
OR RENEWAL OF LICENSES REQUIRED BY THE STATE OF TEXAS OR THE
UNITED STATES OF AMERICA ORANY AGENCY THEREOF; AND PROVIDING
AN EFFECTIVE DATE. (6.B.1.)
E. The Council considered adoption of an ordinance creating
Article VI of Chapter 16 of the Code of Ordinances establishing
requirements for movie permits; and establishing Sections 16-180,
16-181, 16-182, 16-183, 16-184, 16-185, 16-186 and 16-187 therein
contained; adding definitions and permitting requirements
applicable to filming in a public place; and providing for a
penalty in the maximum amount of $500 for violations thereof.
Linde Ratliff, Economic Development Coordinator° stated that thio
?rdlnance was prepared to establish procedures f~r film producti~
an Denton. The ordinance also streamlined the street closing
process when movie related. Council had discussed the proposed
ordinance at a prior work session. The change in the street
closing procedure would still require the production company to
provide a barricade plan, to coordinate traffic safety with the
Police Department and to obtain signatures from the property
owners. But instead of having the Council provide formal approval,
the City Manager's office would contact the Council Members and if
a concern was expressed by one of the Members regarding the street
closing, the item would be placed on an agenda. Otherwise, the
City Manager would approve the closing. The ordinance required
that a film production company receive a film permit at no charge.
It also required the company to carry liability insurance in the
amount of $1 million and al'~owed the City Manager to deny a permit
and if so denied, allowed for an appeal to the Council. The City
Manager could appoint a film coordinator as the City's contact
person for film projects who would be responsible to contact the
Chamber of Commerce and any City departments which might be
affected cr whose assistance might be required.
Council Member Cott asked if staff had discussed the insurance
requirement with the Risk Manager.
Ratliff replied that she had discussed the insurance provision with
the Risk Manager, There was a provision that if the company used
explosives or anything dangerous, they might be required to have
additional indue&nee.
152
City of Denton City Council Minutes
October 18, 1994
Page 11
Council Member Perry wanted-to make sure that the noise ordinance
would still apply.
Ratliff replied correct that it would still apply.
The following ordinance was considered:
NO. 94-195
AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING ARTICLE VI
OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, ESTABLISHING REQUIREMENTS FOR MOVIE PERMITS; AND
ESTABLISHING SECTIONS 16-180, 16-181, 16-182, 16-183, 16-184,
16-185, 16-186 AND 16-187 THEREIN CONTAINED; ADDING
DEFINITIONS AND PERMITTING REQUIREMENTS APPLICABLE TO FILMING
IN A PUBLIC PLACE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE.
Brock motioned, Cott 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 approving
a contract providing for the exchange of certain real estate owned
by the City of Denton and Tom Fouts.
Bob Nelson, Executive Director for Utilities, stated that this item
was for an exchange of approximately 27 acres which the City owned
on the northwest corner of the Water Treatment Plant off of Spencer
Road in exchange for approximately 10 acres of property on the west
side of the existing Electric Distribution Department's supply
storage area. The City had determined that this property was no
longer essential to the continued operation of the utility system
and had advertised for an exchange of equal value property in the
general area. A proposal had beep submitted to the City for the
exchange of the mentioned property'plus $10,000. An appraisal had
been done of the properties with the City's property being
appraised at $84,107 and the exchange property at $74,700. The
proposal had been made by Torreno Realty and the Public Utilities
Board recommended approval.
City Attorney Drayovitch stated that it had been brought to her
attention that two of the minimum requirements for the bid
specifications had not been submitted by the bidder. Those two
were certification that the tract was free from liens, encumbrances
and taxes and certificate of title of proof of ownership. She
, 15 3
City of Denton City Council Minutes
october 18, 1994
Page 12
suggested that the ordinance be amended by adding a provision to
Section 2 indicating that the City Attorney would have to find that
all minimum bid specifications had been complied with. She
understood that some of those items had been furnished after this
meeting had started. As there was only one bidder, she felt that
the Council could successfully waive this irregularity.
The following ordinance was considered:
NO. 94-196
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
CONTRACT PROVIDING FOR THE EXCHANGE OF CERTAIN REAL ESTATE
OWNED BY THE CITY OF DENTON AND TOM FOUTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance providing the
City Attorney could verify that all minimum bid requirements were
complied with. 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
appointing Jim Harder and Jim Thune to act as the Designated
Representative and Alternate Designated Representative,
respectively, for the City of Denton, in order to effectuate the
requirements of federal regulations relating to acid rain under the
1990 amendments to the Federal Clear Air Act.
Bob Nelson, Executive Director for Utilities, stated that part of
the Clean Air Act required the City to designate a representative
to legally bind the City to the actions provided for in the Act.
There were some very stringent and legal requirements bound to this
representative.
Council Member Cott asked what relationship the Public Utilities
Board would have with the two representatives.
Nelson stated that the two individuals would be responsible to
carry out the Act as it applied to the City of Denton. They would
be bringing forth to the Council through the Public Utilities Board
any budgetary issues.
The following ordinance was considered:
City of Denton City Council Minutes
October 18, 1994
Page 13
NO. 94-197
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPOINTING JIM
HARDER AND JIM THUNE TO ACT AS THE DESIGNATED REPRESENTATIVE
AND ALTERNATE DESIGNATED REPRESENTATIVE, RESPECTIVELY, FOR THE
CITY OF DENTON, TEXAS, IN ORDER TO EFFECTUATE THE REQUIREMENTS
OF FEDERAL REGULATIONS RELATING TO ACID RAIN UNDER THE 1990
AMENDMENTS TO THE FEDERAL CLEAN AIR ACT; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED INDEMNIFICATION AGREEMENT
LABELLED AS EXHIBIT A; AND DECLARING AN EFFECTIVE DATE.
Cott motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "-aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", andMayor Castleberry "aye"~ Motion carried
unanimously.
8. Resolutions
A. The Council considered approval of a resolution adopting
Policy No. 107-05 "Off Duty Injury or Illness".
Mary Ann Stout, Human Resources S~ecialist, stated that Council had
reviewed this proposal on October 4, 1994. This policy would put
in place procedures for employees who might be unable to work due
to an off duty injury or illnessfor an extended period of time.
The following resolution was considered:
NO. R94-060
A RESOLUTION ADOPTING POLICY NO. 107.05 "OFF DUTY INJURY OR
ILLNESS"; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock 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. .
B. The Council considered approval of a resolution adopting
Policy No. 109-04 "Reduction In Force".
Tom Klinck , Human Resources Director, stated that the policy would
provide for an objective, fair and relevant reduction in staff if
necessary. There 'were no plans for any tYl0e of reduction at this
point in time. Council had reviewed this proposal at its October
4, 1994 meeting.
The following resolution was considered:
City of Denton City Council Minutes
October 18, 1994
Page 14
15,.5'
NO. R94-061
A RESOLUTION ADOPTING POLICY NO. 109-04 "REDUCTION IN FORCE";
AND PROVIDING FOR AN EFFECTIVE DATE.
Brock 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.
C. The Council considered approval of a resolution declaring
the intent to reimburse expenditures for the landfill expansion
project with bond proceeds.
Kathy DuBose, Executive Director for Finance, stated that this
resolution indicated the City's intent to reimburse landfill
expenditures with bond funds. Recent legislation provided for ~uch
procedures. This procedure would allow the City to begin the
project and to reimburse the reserve in early 1995.
The following resolution was considered:
NO. R94-062
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FOR THE LANDFILL EXPANSION PROJECT WITH BOND PROCEEDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to approve the resolution.
Council Member Smith asked if there was any danger in the next few
months only having a $40,000 reserve fUnd.
DuBose replied no that the reserve had been s6t aside and was not
a requirement of any bond fund.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
D. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the City of
Denton and the County of Denton for the provision of library
services.
Eva Poole, Director of Library Services, stated that this year the
funds were increased from the County as well as an increase in the
matching grant. A stipulation from the County was that a liaison
City of Denton City Council Minutes
October 18, 1994
Page 15
be appointed by the City to report to the County Commissioners.
She had been asked to fill that position and that was needed to be
included in the motion.
The following resolution was considered:
NO. R94-063
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE
PROVISIONS OF LIBRARY SERVICES; AND PROVIDING FOR ANEFFECTIVE
DATE.
Perry motioned, Chew seconded to approve the resolution with the
insertion of the Director of Library Services as the City liaison.
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 approval of a resolution
acknowledging the service of the Fire Department and other City
departments in response to the major fire on the Square.
The following resolution was considered:
NO. R94-064
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACKNOWLEDGING THE
SERVICE OF THE FIRE DEPARTMENT AND OTHER CITY DEPARTMENTS IN
RESPONSE TO THE MAJOR FIRE ON THE SQUARE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Pro Tem Brock stated that the date of the fire was September
22nd and not the 23rd.
Ken Gold stated that the fire fighters appreciated the Council's
support but that there was still a need for more fire fighters. If
the Department had been fully staffed, there might not have been
the need to send so many fire fighters to the hospital.
Mayor Castleberry stated that letters of appreciation had been sen~
to those cities which provided mutual aid.
Miller motioned,.Smith seconded to approve the resolution. On roll
vote, Brock "aye", ¢ott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
City of Denton City ~ouncil Minutes
October 18, 1994
Page 16
F. The CoUncil considered %pproval of a resolution
appointing Debra A. Drayovitch as part-time municipal judge for the
city of Denton Municipal Court of Record; authorizing the Mayor to
execute a contract for the terms of employment; and establishing a
term of office for the part-time municipal judge.
Mayor Castleberry indicated that the effective date of the contract
would be November 1, 1994. Council needed to.decide whether the
term of the contract would be for one or two years.
City Attorney Drayovitch stated that the State statute provided for
appointments for a term of two years. When the Council established
the Court of Record, the Municipal Judge was appointed for a two
year term and the alternative judges were appointed for one year
terms. When the alternative judges were due for reappointment,
they would be appointed for two years so that there would be a
staggering of appointments. As she was not in the same-employment
year as those individuals, she did not quite follow that schedule.
Council Member Perry felt that the same standard should be applied
to this'position as for the alternate municipal judges anduse two
years.
Council Member Smith asked if the schedule could be changed to
coincide with the other judges for two year terms.
The following resolution was considered:
NO. R94-065 '
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING DEBRAA.
DRAYOVITCH AS PART-TIMEMUNICIPALJUDGE FOR THE CITY OF DENTON
MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR HER TERMS OF EMPLOYMENT; ESTABLISHING A TERM OF
OFFICE FOR THE PART-TIME MUNICIPAL JUDGE; AND DECLARING AN
EFFECTIVE DATE.
smith motioned, Miller seconded to approve the resolution with the
effective date of the contract being November 1, 1994 and the term
of contract to last until August 1, 1996. 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 'approval of a resolution
.appointing an Acting city Attorney.
Council Member Cott left the meeting.
City of Denton City Council Minutes
October 18, 1994
Page 17
The following resolution was considered:
NO. R94-066
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPOINTING AN
ACTING CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to appoint Mike Bucek as acting City
Attorney with a 10% increase of salary until a City Attorney was
appointed. On roll vote, Brock "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Council Member Cott returned to the meeting.
9. The Council considered an appointment to the Human Services
Committee.
Mayor Castleberry indicated that Council Member Perry had nominated
Larry Nicholson at the last Council meeting.
On roll vote, Brock "aye",
Chew "aye", Perry "aye",
carried unanimously.
10. Vision Update
Cott."aye", Miller "aye", Smith "aye",
and Mayor Castleberry "aye". Motion
Mayor Pro Tem Brock stated that there was one remaining impact
presentation to be held at Ryan High School. The Cabinet had had
a meeting with the chancellors of the two universities to discuss
a long term master plan to coordinate the Vision planning with the
planning of the universities.
11. Miscellaneous matters from the City Manager.
Council considered Work Session Items not discussed earlier.
3. The Council received a report and held a discussion regarding
the status of Corbin Road.
Rick Svehla, Deputy City Manager, stated that at previous meeting
the Council had discussed the situation on Corbin Road. There was
a problem with the low water crossing where the dry fork of Hickory
Creek crossed Corbin Road. As indicated in the agenda back-up,
this item never made the CIP program primarily due to the cost of
the bridge fo~ the low water crossing. The bridge would be very
expensive at a cost of approximately $1 million. The creek rose
very drastically during heavy rains and any type of bridge would be
159
City of Denton City Council Minutes
October 18, 1994
Page 18
very lengthy. Another part of the problem was the use of the road.
In March the traffic use was counted for 24 hours for a total of
147 vehicles. Many of those were vehicles coming from Peterbilt,
Tetrapak and other businesses on Airport Road. It was felt that
Corbin Road was being used to access Bonnie Brae and to travel
further south. An alternate route was a road further to the west,
Underwood Road, which would provide access to all of the homes in
the area. It would require a detour of 1.1 miles for the most
affected homes which were located on Corbin Road. Currently there
were eight homes in the area which would be affected. Part of
Corbin Road was in the City limits while the eastern part Was in
the County. Discussions with Commissioner Hill and Mike Jones,
Director of Public Works, indicated that the County would have a
difficulty closing their portion of the road due to the enabling
legislation which was weaker for counties than for cities. A way
to facilitate the closing of the road was to annex the County
portion of the road which could be done in any width along Corbin
Road as desired by Council.
Council Member Cott asked for the cost of the alternatives.
Svehla replied that there were large portions of the system which
would not be in the City limits. There was a portion of Underwood
Road which was already in the City limits which had an asphalt top
on it.
Council Member Smith asked how much of the road could be annexed.
Svehla replied that the City could annex to the low water crossing
or go further if desired.
Mayor Castleberry stated that if the City decided to annex the
road, it should go to the intersection.
Svehla replied that that would square off the boundaries rather
than only go to part of the road.
Consensus of the Council was to proceed with the necessary work to
annex the road.
4. The Council received a report and held a discussion regarding
the 1994-96 Workforce Diversity Plan.
Tom Klinck, Human Services Director, stated that the Work Force
Diversity Committee had developed a mission statement which
indicated an willingness to create an organizational atmosphere
where Executive Directors, Directors, Managers, and staff were
diversified in terms of ethnicity, culture, and gender, yet unified
160
City of Denton City Council Minutes
October 18, 1994
Page 19
in the dedication of providing quality service.
Nancy Legler, Human Resource Specialist, presented a summary of
accomplishments which included recruitment at universities and job
fairs; civil service tutorial and orientation; intern and JTPA
programs; job description review and update; and the adoption of an
Work Force Diversity plan in 1992. There was a total of 14%
minority work force available to work in the City with municipal
workers at 15% minority and Civil Service at 4%. The Committee
recommended a plan for 1994-96 which included continuing to recruit
at the universities; examine the feasibility of sponsoring a local
job fair; conduct an employee skills and interest survey; and look
at career path development. It was recommended that the tuition
reimbursement program continue and expand over the next two years.
A. City Manager Harrell reminded the Council of the City's
third annual open house at the Civic Center on Thursday.
12. There was no official action taken on Closed Meeting Items
discussed during the Work Session.
13. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Mayor Pro Tem Brock asked for an update on the City's
street hump policy.
14. The Council did not meet in Closed Meeting during the Regular
Session.
~ITY ~CRETARY
CITY OF DENTON, TEXAS
With no further business, the meeting was adjourned at 8:30 p.m.
BOB 'CASTLEB~
CITY OF DENTON, TEXA/ ~'~
ACC0021D