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
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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.
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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.
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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
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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.
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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
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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
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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)
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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.
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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.
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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
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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
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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
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July 18, 1995
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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.
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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.
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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
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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.
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