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Minutes July 18, 1995201 CITY OF DENTON CITY COUNCIL MINUTES July 18, 1995 The Council convened into a Closed Meeting on Tuesday, July 18, 1995 at 5:15 p.m. in the Civil Defense Room of city Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Krueger, Miller and Young. ABSENT: Council Member Cott The Council considered the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 5~1..071 Discussed the potential litigation concerning the request to rezone 3.753 acres on the south side of 1-35E and Lindsey Street from SF-7 to Commercial zoning. Discussed the possible disclosure of confidential information relating to Disheroon v. Scott, et al. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Co Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 1. Considered offer of employment for Regular Part- Time Municipal Judge candidate. Council Member Cott arrived during the Closed Meeting. The Council convened into a Work Session on Tuesday, July 18, 1995 at 6:00 p.m. in the City Council Chambers of city Hall. PRESENT: Mayor Castleberry; Council Members Brock, Cott, Miller and Young. ABSENT: Mayor Pro Tem Biles and Council Member Krueger 1. The Council received a report from the Denton Chamber of Commerce outlining the Chamber Board's views and actions regarding the PHH Fantus recommendations. Mayor Pro Tem Biles and Council Member Krueger joined the meeting. Chuck Carpenter, President - Denton Chamber of Commerce, stated that the Chamber had unanimously approved a resolution on June 22nd in response to a letter dated May 31st from the City Manager specifying the suggestions from 'Council regarding how to pursue a future relationship as it pertained to the economic partnership. It was the feeling of the Chamber that the committee should appoint its own chair. The Chamber also agreed with the make-up of the 202 City of Denton City Council Minutes July 18, 1995 Page 2 steering committee and the procedures of the committee. Until the steering committee completed its purpose and mission and returned to both bodies with a recommendation, the Chamber added one clause which specified the fiduciary liabilities of the Chamber. It specified that until the steering committee completed its job and the two entities made a recommendation, the Chamber would still be responsible for the finances. Regarding the PHH Fantus recommendations, Carpenter stated that he would address some activities the Chamber was currently addressing. One Fantus recommendation was to help develop a "brand image" for Denton. There had been many discussions regarding this issue and the Chamber, although involved, would probably not be the sole entity determining that "image". Another recommendation was to ensure that Denton's high quality, ample workforce remained a critical asset and an attraction to new investment by providing training opportunities and linking businesses with programs provided by the educational institutions. This eventually would be an ongoing process of the Economic Development Corporation. As of April 1, the Chamber had such a task force with specified representatives from each of the entities involved. Work force training was another recommendation which the Chamber would be involved with. There was a recommendation to establish an effective mechanism for continuing dialog between City officials and business leaders regarding the regulatory process. The Chamber had a task force which dealt with this process. · Another recommendation was to perform a thorough analysis of manufacturing activities in Dallas, Terrant, Collin and Denton counties to identify customers and suppliers of existing businesses. The City assisted the Chamber in conducting an initial evaluation of the area businesses. Because of the finding, it was felt that this should be pursued in terms of preparing a marketing plan for this next year. There was a recommendation to make effective presentations in person and through written materials to the Dallas Chamber which highlighted Denton's brand image and distinguished the city from other metroplex communities. There was a verbal recommendation from both consultants on how to carry this out. From the Chamber's perspective, that was already being done. Council Member Co%% felt %ha% %he initiative with Dallas/F%. Worth was great but to be careful when dealing with Love Field. Council Member Brock stated that one of the activity points suggested broadening the existing town/gown meetings to include businesses. Carpenter stated that the meetings now included, by design, representatives of all governmental entities in the City. 2O3 City of Denton City Council Minutes July 18, 1995 Page 3 Council Member Brock stated that one strategy was to attain air quality compliance and expand public transportation to serve employment centers where possible. She felt that access between different points with sidewalks and bike trails should be added. citizens had pointed out to Council that it was difficult at times to get to places when walking. Carpenter stated that the Chamber's main involvement was ~o,comply with the air quality standards. 2. Council received a report, held a discussion and gave staff direction regarding the recommendations by the Parks and Recreation Advisory Board for proposed changes to the City ordinance related to alcohol in parks. Ed Hodby, Director of Parks and Recreation, stated that on June 13th the Council approved a motion to keep the 10:00 p.m. park curfew, to ban alcohol at all parks and to allow variances to the alcohol ban for special events. At that meeting, the Council directed that the motion be forwarded to the Parks and Recreation Advisory Board for their consideration and recommendations. A special Park Board meeting was held on July 6th to solicit public input. In addition the Board met on July 13th to consider that pubic input and forward these recommendations to Council: (1) maintain the current park curfew hours at 10:00 p.m. to 6:00 a.m.; (2) prohibit the possession and/or consumption of alcoholic beverages in City parks and in public improvements within such parks, except for Civic Center Park; (3) prohibit the possession and/or consumption of alcoholic beverages within the parking area and within the swimming pool in Civic Center Park; and (4) deny any requests for variances or exceptions to the proposed restrictions on alcoholic beverage possession and/or consumption in parks. Approximately 50 people attended the Park Board's special session on July 6th. Of those 50 people, 10 citizens spoke on the subject and 9 submitted opinions in writing. Staff also received 30 comments from citizens by phone calls and/or letters. In all staff documented the opinions of 49 citizens with 37 in favor of a full ban without exception or variance with the balance split between having a partial exception or keeping the policy as it currently was. The Civic Center Park was recommended to be an exception to the changes in the ordinance as staff felt it was prudent to accommodate special events such as the Arts and Jazz Festival which derived revenue from the sale or distribution of alcohol. The Chief of Police and the Attorney Office's worked on this issue with the Parks Board and agreed with %he recommendations. Brock motion, Biles seconded to direct staff to prepare an ordinance which incorporated the recommendations of Park Board. 2O4 City of Denton city Council Minutes July 18, 1995 Page 4 Council Member Young stated that he was concerned about the Juneteenth celebration in Fred Moore park. He requested a variance for Fred Moore Park only for the Juneteenth celebration. The Juneteenth celebration raised funds for different community projects, since the ban of alcohol in the parks the event had suffered. Young motioned, Krueger seconded to amend the motion to'add Fred Moore Park for special events variances. Council Member Brock felt that once exceptions and variances were given, it would be difficult to control such. The Legal Department pointed out those difficulties and the fact that the City could not deny exceptions to any group once one was given. This would open the door to all sorts of requests. Legally it would be impossible to deny a variance of this sort. She felt it might be appropriate to have part of the Juneteenth celebration at civic Center Park as initially the first African-American community was centered in the Civic Center Park. Having a celebration of the earlier history of Denton would be appropriate in Civic Center Park. There was a historical marker in civic Center Park designating the original settlement of African-Americans in Denton. If the amendment was passed, Fred Moore Park would be singled out as a place which would be open to alcohol and all of the associated problems. The members of the community indicated at the NICE meetings and also at the public hearing that they did not want Fred Moore Park opened for alcohol. She felt that this would be another means of getting alcohol in Fred Moore Park as this was not a new ordinance to prohibit alcohol in the parks. Mayor Pro Tem Biles stated that citizens from District 3 and other parts of the City indicated that they had a strong concern about alcohol in the parks. The North Lakes and McKinna Park area residents had concerns that this would not create an image for Denton. Within days of this issue coming to Council, he visited Fred Moore Park and the other City parks. He heard Council Member Young express a desire to have even-handiness in the approach. The recommendation of the Board obtains that approach. Fred Moore Park was not any different than any other neighborhood park. Permitting the process would be asking for trouble. He agreed with Council Member Brock to not support amendment. Council Member Young stated that the City forced individuals from Quaker Town and forced them over into southeast Denton thus creating two separate societies. This segregation went on until the 1960's. When this issue came up, it was about equality. The people in southeast Denton did not want to leave their neighborhood and come back to the civic Center Park for their Juneteenth 2O5 City of Denton City Council Minutes July 18, 1995 Page 5 celebration. The Civic Center Park was a constant reminder of what happened to the Black people in years past and no Black people would point with pride to that park. The City hired the Klu Klux Klan to scare people out of the area and it would not be fitting to hold the Juneteenth celebration in the area. The people should not have to leave their park to hold their celebration. A majority of the people in that area had asked for this variance and majority ruled in America. Council Member Krueger stated that the same people would be attending the Juneteenth celebration in the Civic Center Park as in the Fred Moore Park. If alcohol was allowed in the Civic Center Park and not in Fred Moore Park there was no difference in that scenario. If alcohol was going to be removed from the parks, then all parks should be included. It was not fair and the right message was not being sent. If there was going to be equality and all treated the same, then there should not be alcohol in any park. Council Member Cott stated that he agreed with Council Member Krueger. The Jazz Festival was not based on beer and wine sales. He felt that there should be no alcohol under any circumstances in the City's parks. Council Member Young stated that the people in his district agreed that it was not fair to be able to drink in other parks and not in Fred Moore Park. He felt that alcohol should be eliminated from all of the parks with no variances which would provide equity. Council Member Miller stated that he had attended the NICE meetings and the last two meetings were heavily attended. He heard people indicate that they did not want alcohol in Fred Moore Park for any occasion. If alcohol was allowed in a park on a permit basis, anyone would have to be allowed. The civic Center Park was a total community park, centrally located and available for all citizens of the community. That was one area for all citizens to use and was a park for all citizens to use. He would not support the amendment as the people did not want. Council Member Young stated that Council Member Miller had only attended one NICE meeting. Young stated that he won an election and that was one of the main issues. He had 310 votes which was a majority of the people in the district who wanted this amendment. He wished the Council would respect the voting public in his district. This was what the people told him that they wanted. Council Member Brock stated that when she was elected, she was elected to represent not just the people who voted for her but also those who voted against her and those who did not vote at all. 206 City of Denton City Council Minutes July 18, 1995 Page 6 There were over 17,000 people in District One with many ways to look at this issue. The Council had an obligation to look at the total community. There were many residences and churches in the area and the Council needed to look at all those around the Park and not just 310 people. Council Member Young stated that no matter how many people voted or the number of people in a district, the majority of the~ election won. The majority ruled and this was what the people said. The people in his district indicated that they were tired of white people telling them what was good for them. They were able to make their own decisions as a community. No one group dictated policies to the majority. The NICE group of 10-11 old ladies was dictating policies. Council Member Cott called the question. On roll vote for the amendment, Miller "nay", Young "aye", Cott "aye", Krueger "aye", Brock "nay", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 3-4 vote. on roll vote of the main motion, Miller "aye", Young "nay", Cott "aye", Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. 3. The Council received a report and held a discussion regarding the Denton Central Appraisal District's proposed budget. This item was considered during the Regular Session under Miscellaneous Matters from the City Manager. 4. The Council received a report, held a discussion and gave staff direction concerning Chapter 143 of the Texas Local Government Code, the State Civil Service Law that applies to sworn city of Denton police officers and fire fighters. This item was considered during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into a Regular Meeting of the City of Denton City Council on Tuesday, July 18, 1995 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: Council Member Brock 207 City of Denton City Council Minutes July 18, 1995 Page 7 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Council Member Brock joined the meeting. Mayor Castleberry presented the Yard of the Month Awards~ Carole and Everett Mabry The John Family Sarah McDade Kerry Martin Exposition Mills Mayor Castleberry indicated that a new award was being presented which was a combined effort of the Keep Denton Beautiful Committee along with the Main Street Project. This was a monthly award which included the downtown area. The award for this month would be going to Wallpaper, Blinds and Design 2. citizen Reports A. The Council received a citizen report from Dessie Goodson regarding general issues concerning the City. Ms. Goodson stated that since 1993 she had been to Council numerous times to present concerns regarding the SPAN system. These conditions had gone on long enough and there needed to be something done. She cited instances when the trollies were not running on time and were either late or early. She had a Parks brochure which detailed SPAN meals and the cost of the meals. She wanted to know about the cost of the meals as she was denied a meal as she could not pay the cost. She had asked for a meeting with Michael Morris and other representatives to discuss SPAN. The city Manager did not attend the meeting but rather sent Joseph Polo who was representing the City well. 3. Consent Agenda Brock motioned, Cott seconded to approve the Consent Agenda. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. RFSP #1762 - Public Transportation 208 City of Denton City Council Minutes July 18, 1995 Page 8 Bid #1777 - Health Insurance Actuarial Consulting Services P.O. #56358 - RMT Jones & Neuse P.O. #55812 - Plank Company 4. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 4.A. - 4.D. Cott motioned, Biles seconded to adopt the Consent Agenda ordinances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 95-129 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. (3.A.2. - Bid #1777) B. NO. 95-130 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 FORAN EFFECTIVE DATE. (3.A.1. - RFSP #1762) C. NO. 95-131 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (3.A.4. - P.O. #55812) D. NO. 95-132 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH RMT JONES & NEUSE INC. FOR PROFESSIONAL SERVICES RELATING TO APPLYING FORANEPA TITLE V PERMIT FOR THE ELECTRIC PRODUCTION DIVISION FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (3.A.3. - P. O. #56358) 209 City of Denton City Council Minutes July 18, 1995 Page 9 5. Resolutions A. The Council considered approval of a resolution authorizing the City Council to appoint a special citizens advisory committee for the capital improvement program. City Manager Harrell stated that this resolution woul~ form a citizens advisory committee for the CIP program. This resolution was modeled after a resolution approved for the 1986 committee. Per Council direction the committee would consist of 50 members with a chairperson. Each Council Member would appoint seven members to the committee and the chair would be elected by Council as a whole. The CIP Citizen Committee would look at the drafted CIP approved by the Planning and Zoning Commission and make any recommended changes by reordering priorities or deleting projects and forwarding those to Council. Council would finalize the CIP and then proceed with an election in late fall or early spring. Subcommittees might be formed to deal with various aspects of the CIP. Mayor Pro Tem Biles expressed a concern with the subcommittees as he felt it might be premature to establish subcommittees. Council might want to discuss that area before the subcommittees were established. Council Member Brock felt that the CIP committee would detail what the subcommittees would be. Council Member Miller asked if a schedule had been determined for when nominations would be made and a schedule for the election. He recommended staff return at the next meeting with a schedule for consideration. The following resolution was considered: NO. R95-034 A RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPOINT A SPECIAL CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMENT PROGRAM; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Cott seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Ca~tleb~rry "aye". Mo%ion ~arried unanimously. 210 City of Denton City Council Minutes July 18, 1995 Page 10 B. The Council considered approval of a resolution authorizing the City Manager to submit an amendment to the 1995 Consolidated Plan for Housing and Community Development submitted on July 6, 1995 to the U. S. Department of Housing and Urban Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. (The Community Development Advisory Committee recommended approval.) Barbara Ross, Community Development Administrator, stated that the resolution would reduce the HOME Funded Programs included in the Consolidated Plan. The reduction was necessary because the City would not be receiving $90,000 in State HOME funding. Last year the City received $115,000 from the State of Texas to supplement State HOME funding and then was designated as a participating jurisdiction under the HOME program which made the city ineligible for State funding. The Community Development Advisory Committee suggested discontinuing the Rental Rehabilitation Program with the funding for the Optional Reconstruction Program and Housing Rehabilitation Program to be reduced. NO. R95-035 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE 1995 CONSOLIDATED PLAN. FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED ON JUNE 6, 1995 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDEDAND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, ASAMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council ~on~id~red approval of a r¢~olu%ion appointing Robin Ramsay as Part-time Municipal Judge for the City of Denton Municipal Court of Record; authorizing the Mayor to execute a contract for his terms of employment; establishing term of office for part-time municipal judge; and declaring an effective date. This item was not considered at this time. 211 City of Denton City Council Minutes July 18, 1995 Page 11 6. The Council considered and took action to suspend the Council Rules of Procedure and to reconsider a motion to request the City Planning and zoning Commission to initiate the rezoning of 3.753 acres on the south side of 1-35E and Lindsey Street from SF-7 zoning to Office zoning with the condition of no motel or hotel use, and any other conditions which the Planning and Zoning Commission deems necessary. City Manager Harrell stated that this item was placed on the agenda at the request of Council. Brock motioned, Miller seconded to suspend the Council's regular rules and procedures in order to discuss the item at this time. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Krueger motioned, Young seconded to reconsider the original motion. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Miller motioned, Brock seconded refer the proposal back to the Planning and Zoning Commission to consider a request for rezoning of 3.753 acres on the south side of 1-35E and Lindsey Street from SF-7 zoning to office zoning with the condition of no motel or hotel use, and any other conditions which ~the Planning and Zoning Commission deemed necessary. Biles motioned, Young seconded to amend the motion to refer the proposal to the Planning and Zoning Commission for office zoning with no conditions. On roll vote of the amendment, Miller "nay", Young "aye", Cott "nay", Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. On roll vote of the main motion as amended, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 7. The Council received a report and gave staff direction requesting from various organizations to receive hotel occupancy tax funding. Jon Fortune, Chief Finance officer, stated that Council had directed staff to initiate contract negotiations with the North Texas State Fair Association, the Greater Denton Arts Council, the 212 City of Denton City Council Minutes July 18, 1995 Page 12 Convention and Visitor Bureau, the Denton County Historical Museum and the Denton County Historical Foundation. The contract for each recipient would include the funding methodology detailed in Scenario A with one exception. The change was that .05% of the money previously allocated to the Historical Foundation would be distributed to the Museum in their contract. Mayor Castleberry stated that there were other organizations which had asked for funding. Carol Short stated that the Denton Arts and Jazz Festival was a free event held annually in the Civic Center Park. It was produced by the Denton Festival Foundation in cooperation with the City of Denton, the Dallas/Fort Worth Musicians Union and 120 sponsors. This was the 15th festival but only the 5th in Denton Civic Center Park. The Festival helped promote Denton's cultural and artistic strengths. The Festival needed the City's help to continue their promotions and marketing. Dianne Edmondson stated that she was representing the Denton County Amphitheater Association which was seeking to become part of the team which developed tourism in Denton. She had talked with Scott Joslove in the Attorney General's office regarding the funding by the City for the Amphitheater. She had asked Mr. Joslove if it would be legal for the City to fund a start up operation such as the Amphitheater Association. Joslove indicated that he saw no reason why a startup group could not be funded and that it was done often in other parts of the State. The Association asked that their request be considered on the basis of what the organization could do for Denton. Warren Seals stated that he was representing the Denton County Amphitheater Board of Directors. The Association needed funding to start advertising now rather than wait until they were ready to open. It was necessary to get the word out throughout the State and throughout the nation. It was also necessary to show City support for the project. John Baines stated that he was representing the Denton Black Chamber of Commerce which was in the process of being created. They were requesting a portion of the Lalor funds for the funding of tourism in Denton. This Chamber was organized to serve a presently undeserved segment of the community. At present, the churches, the fraternal organizations, schools and family celebrations provided a g~eat deal of tourism within the community. Those events were putting Lalor funds into the Lalor chest. The Chamber was asking for a portion of those funds. The Black Chamber was not competing with the other chambers and were in favor of a 213 City of Denton City Council Minutes July 18, 1995 Page 13 spirit of cooperation. The Black Chamber was interested in the mobilization of economics within the Black sector of the community. He requested that the Council look at this money as a investment which would come back to the community. Council Member Brock asked if this organization had considered the possibility of joining the Greater Denton Arts Council for support of their project for an African-American art festival. This cooperative venture would make it easier to gain access to city facilities, etc. Baines stated that one of his first suggestions was that the Chamber become a member of the GDAC. They were trying to take advantage of all organizations possible. Council Member Brock suggested getting the assistance of the Convention and Visitors Bureau. Everything the Black Chamber was proposing to use Lalor funds for would be overlapping with the Denton Chamber. Baines stated that the biggest distinction would be that within the community at present, it was not well publicized that the churches and fraternal organizations brought in people. If there was an intensified effort to bring in more, there would be a captive market to some extent and increased participation. Jane Jenkins stated that she was representing the Main Street Association. The Main Street Program was a public/private partnership which had been in Denton since 1989. For every dollar invested by the City there was a $28 dollar return by private sector investment. Last year vehicular traffic increased 35%. The Main Street Program was requesting partial funding for the Denton Main Street Association. The City funding for Main Street provided a staff position and administration and operation costs. It did not provide any dollars for programming or marketing which had to be provided through private sector funding. They would like to do a more effective job with marketing. Mayor Castleberry asked for a City Attorney opinion regarding whether these organizations were eligible for Lalor funds. Herb Prouty, City Attorney, stated that in some areas the organizations were eligible and in some areas they were not. They started with several assumptions based on what the Council indica%ed were the guidelinem ~o follow. One wam %ha~ the fun~m payable to existing recipients, other than to the Historical Foundation were not to be reduced. In reviewing the new applicants, several had activities which fell within the limitation 214 City of Denton City Council Minutes July 18, 1995 Page 14 of the hotel occupancy funds for the arts. That limitation, under the Tax Code, was 15%. At this time, there was very little left for this category as 13.29% of the 15% was committed. The Main Street Association had two events which fell within the arts project which had limited funding. It could ask for funding for four other events which did not relate to arts projects. The Black Chamber's African-American Arts and Music Fesitval would ~e in the arts fund limitation. Other portions of its application had requested funding for advertising which was eligible. The Denton County Amphitheater Association's proposed program fell within the arts fund which was limited but also was requesting advertising. Those would be eligible based on an opinion of Scott Joslove. There might be a practical problem as the event might not take place within the City's fiscal year. The Council would need to decide if it wanted to allocate funds for an event which might not take place in a fiscal year. The Amphitheater was also eligible for restoration of historical sites. The City of Denton Historic Landmark Commission would comply with historical restoration purposes. The Denton Festival Foundation would be limited by the fact that they were requesting arts funding although they were also applying for advertising funding. Most of the organizations were promoting activities in the arts category plus some advertising activities. Council Member Cott asked for a clarification regarding the handling of funds in one year which might not be used in that year. Prouty stated that these types of events would have to be advertised far in advance of the actual event. Advertising and promoting those events, even if in the planning stage or proposed stage, was allowed. The Council would need to decide whether to fund an organization and how much to fund. There could be a practical problem in that the event might not happen within the fiscal year. Brock motioned, Biles seconded that the item be postponed and placed on the Planning Session agenda for discussion. council Member Miller stated that he supported the motion. Originally he was opposed to extending the funding this fiscal year to other organizations. He had since changed that position and would be in favor of providing funding for other organizations. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Ca~tleberry "aye". Motion carried unanimously. 215 City of Denton City Council Minutes July 18, 1995 Page 15 8. The Council considered nominations/appointments to City Boards/Commissions. The Council voted on the following nominations: Electrical Code Board - Doug Grantham. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously~ Library Board - Keith Swigger. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Sign Board of Appeals - Gene Gumfory. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. There were no nominations made at this meeting. 9. The Council considered appointments to the Denton/Denton County Sesquicentennial Celebration Committee. The Council voted on the following nominations: Effie Johnson - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles '~aye", and Mayor Castleberry "aye". Motion carried unanimously. Sarah Parker - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Terry Schertz - On roll vote, Miller "aye", "aye,, Krueger "aye", Brock "aye", Biles Castleberry "aye". Motion carried unanimously. Young "aye", Cott "aye", and Mayor Ellen Schertz - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Tim Crouch - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Camille Milner - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 216 City of Denton City Council Minutes July 18, 1995 Page 16 Carol Ann Ganzer - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye" , Brock "aye", Biles "aye" , and Mayor Castleberry "aye". Motion carried unanimously. Sherri Etheredge - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye" , Brock "aye", Biles "aye" , and Mayor Castleberry "aye". Motion carried unanimously. Jane Jenkins - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Cast!eberry "aye". Motion carried unanimously. · Carl Anderson - On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Sherri Turner - On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. The following nominations were made: Council Member Young - Debra Woods Council Member Brock - Dick and Marjorie Waters Mayor Pro Tem Biles - Fran Miller 10. Vision Update Council Member Brock stated that the four work teams were scheduled for presentations to the Cabinet which would be a turning point in the process. 11. Miscellaneous matters from the City Manager. Council considered the Work Session items not discussed earlier. 3. The Council received a report and held a disCussion regarding the Denton Central Appraisal District's proposed budget. Jon Fortune, Chief Finance Officer, stated that Joe Forsythe, Director of Administration-Denton Central Appraisal District, would be presenting their budget. Per the Property Tax Code, the Council could approve or disapprove the budget as adopted by the District. Joe Forsythe stated' that the proposed budget had a $28,000 increase. There were no additional employees requested in this City of Denton City Council Minutes July 18, 1995 Page 17 217 proposed budget. The longevity account would be increased from $4 a month to $8 a month due to the fact that the County had increased their amount to $10 per month. Mayor Pro Tem Biles left meeting. Forsythe continued that the District needed to add on to the building but an architect was needed to assist with the~ cost of such an addition. The proposed budget included funds to work toward purchasing a geographic information system. The city of Lewisville had already confirmed in writing that they supported this budget. 4. The Council received a report, held a discussion and gave staff direction concerning Chapter 143 of the Texas Local Government Code, the State civil Service Law that applies to sworn city of Denton police officers and fire fighters. Mayor Pro Tem Biles returned to the meeting and Council Member Cott left the meeting. Tom Klinck, Director for Human Resources, stated that the civil Service law was originally passed in 1947 to promote fairness and equity, and combat widespread nepotism. It was designed to secure efficient fire and police departments composed of capable personnel who were free from political influence and who had permanent employment tenure as public servants. The civil Service Law was adopted in Denton in 1949 by a vote of 230 "for" and 81 "against". The city of Denton had operated for approximately 45 years under this system. Council Member Cott returned to the meeting. Klinck stated that the Law was divided into seven subchapters. Subchapter A dealt with general provisions which outlined the purpose, the adoption and repeal provisions, implementation of the Civil Service Commission, appeal procedures, appointment and removal of the Director of civil Service. Key provisions of Subchapter A included that the law applied to cities in excess of 10,000 population, which had paid fire and police departments, and which had voted to adopt this Chapter. Civil Service Commission duties were outlined in Subchapter A which included adopting and publishing local rules, conducting investigations and inspections, conducting hearings on temporary suspensions, demotions, etc. The commission conducted promotional examinations an4 establish the eligibility list. The Commission was subject to the Open Records Act and had to publish an agenda which detailed what would be considered at meetings. Subchapter B dealt with the classification 218 city of Denton City Council Minutes July 18, 1995 Page 18 and appointment process. The classifications of jobs in the police and fire departments were set by the civil Service Commission and were confirmed by ordinance by the Council. The number of positions were set by the City Council. Positions were filled only from eligibility lists. Open, competitive and free examinations must be given for qualifying persons making proper application. A position could only be filled from the eligibility list and the number one candidate had to be selected. The Civil Servi~e.system was a closed system in which an individual could only enter at the top or at the bottom. Subchapter C deal with compensation dealing with pay and benefits, salary assignment and incentive pay alternatives, acting pay and accumulation, and payment of vacation and sick leave. Subchapter D dealt with disciplinary action and provided for suspensions, demotions, terminations, appeals of these actions, and a hearing examiner process. Subchapter E dealt with leaves of absence, military leaves, line of duty injury or illnesses and reappointment after recovery from disability. Subchapter F dealt with miscellaneous provisions including physical and mental fitness, involvement in political activities, strike prohibition, personnel records and files, and other miscellaneous matters. Local rules were designed to amplify and clarify state law. Council Member Young asked how many African-Americans were in the Denton Fire Department. Klinck replied none. Council Member Young asked how many were in the Police Department. Klinck replied that there was one police officer. Council Member Young stated that the problem with the Civil Service Commission was that it was enacted in 1949 when the Blacks were paying poll taxes. They did not have a say in this legislation. He asked that the City Attorney review the legality of the Civil Service system being implement because minorities did not have fair participation. Herb Prouty, City Attorney, stated Council Member Young was asking if the election held in 1949 might be flawed due to the fact that Afro-Americans were not able to vote in that election due to a poll tax. Council Member Young felt that there was a problem with discrimination within the City of Denton. He recommended that a report be produced on racial discrimination in the Fire Department, the Police Department, the Utilities Department and the Parks and 219 City of Denton City Council Minutes July 18, 1995 Page 19 Recreation Department. The report should detail a solution recommended by a committee of at least seven people; two whites, two Hispanics, and three Afro-Americans and be due in 60 days from this date. The Civil Service was just another tool to discriminate against minorities. Council Member Cott stated that he understood Council Member Young's frustration but objected to the statement that Denton was a racist city. Young's generalization was not correct. city Manager Harrell stated that the constraints placed~uPon the administration of the Civil Service system was not helpful in selecting and promoting the best qualified people for both of those forces. This had been a major frustration for administration for many years. The City had tried to take proactive actions to improve the minority representation in both departments but a major constraint was the roadblock put up by the System. Other departments in the city were substantially better represented in protected classes than in the police and fire departments. In his opinion, that was due to the constraints of the Civil Service System. Council Member Young felt that there was discrimination in the City which needed to be studied and gotten rid of. Council Member Brock stated that this was discussed in 1992 and at that time had asked what the process was to remove civil Service from the city. Klinck stated that the 1991 Civil Rights Act would not allow any organization to make a selection decision based on race, color or gender. There was already a State case where the City of Tyler bypassed 47 applicants to hire a Black male. The City of Tyler was sued by the Fire Union and the City lost. In order to repeal the System, the law indicated that 10% of the qualified voters had to sign a petition requesting to hold an election. A majority of the qualified voters must vote to repeal the Chapter. There was a case out of Stephenville where the District Court indicated that the voters did not have to be the qualified voters. They could be the voters who voted in the most recent municipal election. In that case, if a petition were produced which had 10% of the voters from the most recent municipal election presented to the Council to call for an election, then there could be an election to repeal Civil Service in Denton. A majority of the voters who voted in the most recent election would have to vote in favor of repealing Civil service. Council Member Young left the meeting. 22O City of Denton City Council Minutes July 18, 1995 Page 20 Mike Jez, Chief of Police, stated that there were 10 African- Americans who were currently employed in the Police Department. In an attempt to try and address the minority police officer numbers, a number of civilian positions were established with hopes of ultimately attracting those civilian personnel to certified and commissioned police positions. Mayor Castleberry stated that there were more minoritie~ .in the Police Department than just patrol people. City Manager Harrell stated that these were non-Civil. Service employees who were hired to positions in the Police Department. Council Member Brock asked if the District Court decision in the Stephenville case cancelled that provision in the law requiring a majority of the qualified voters who would be a majority of registered voters in order to repeal Civil Service. Klinck replied that that was the issue which the Stephenville case addressed. There was a petition presented and the election was a majority of the voters who participated in the most recent municipal election. City Attorney Prouty stated that the way the statute was written, it appeared that it meant 10% of the qualified voters which would be the voters who were registered. The Distric~ Court determined that it meant just the voters in the ~most recent municipal election. Council Member Young returned to the meeting. Mayor Pro Tem Biles asked if the Stephenville case dealt with the petition or the actual vote. City Manager Harrell stated that a petition was filed and the Council called the election based on that petition and a majority of the voters in that election voted to repeal Civil Service. The Council then took that action to repeal Civil Service. At that point, the Police Union appealed that action by the Council based on both of those grounds that the petition was inadequate. Ten percent of the qualified voters was a large number and even more of an obstacle was a majority of the qualified electors to vote in an election. The election was appealed on both of those grounds. The District court found in favor of the City and the city no longer had Civil Service. 221 City of Denton City Council Minutes July 18, 1995 Page 21 City Manager Harrell presented his items: A. Council Adopt-A-Spot - Council Member Brock indicated that Council would be working in its Adopt-A-Spot on Wednesday, July 26th at 7:00 p.m. B. Council had asked for a number of work session items and he wanted to review the schedule for upcoming meetings. Th~ Council budget hearing sessions with the city's Department heads would be on August Sth from 4:00 p.m. to 10:00 p.m. The August 15th meeting would begin at 4:00 p.m. with budget hearings and a regular-session after that to hold a public hearing on the budget. The next three weeks would be set aside for Council deliberations, etc. Next week the Council would be holding the Board/Commission Reception. Normally there was a short work session prior to the Reception. Staff needed to know if Council wanted to break at 5:15 p.m. and hold the session in the Council Chambers or remain in the Civil Defense Room. Council Member Miller stated that the normal practice was to hold work sessions in the Council Chambers. Consensus of the Council was to hold the session in the Council Chambers. 12. There was no official action taken on Closed Meeting Items at this time. 13. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young asked to explore the possibility of creating a police review board. 14. The Council continued a Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 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 offer of employment for Regular Part- ' Time Municipal Judge candidate. 22'2 City of Denton City Council Minutes July 18, 1995 Page 22 Council returned into open session and took the following action: A. Council considered the following resolution: R95-036 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING ROBIN RAMSAY AS PART-TIME MUNICIPAL JUDGE FOR .THE CITY O~ 'DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HIS TERMS OF EMPLOYMENT; ESTABLISHING A TERM OF OFFICE FOR THE PART-TIME MUNICIPAL JUDGE; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Cott seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. L,CITY OF DENTON, TEXAS With no further business, the meeting was adjourned at 9:45 p.m. / ACC002A0