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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