Minutes October 10, 1995460
CITY OF DENTON CITY COUNCIL MINUTES
October 10, 1995
The Council convened into a Closed Meeting on Tuesday, October 10,
1995 at 5:15 p.m. in the civil Defense Room of city Hall.
PRESENT: Mayor Castleberry; Council Members Brock, Cott, and
Miller.
ABSENT: Mayor Pro Tem Biles; Council Members Krueger and Young
1. The Council discussed the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Discussed settlement and defense of contemplated
litigation concerning the denial to rezone 3.753
acres from SF-7 to O zoning on the south side of
I35-E and Lindsey Street.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
1. Discussed, considered, deliberated, and took action
on the recruitment, employment, and appointment of
an interim or temporary municipal judge, an
associate judge and a new municipal judge.
Mayor Pro Tem Biles and Council Members Krueger and Young arrived
during the Closed Meeting.
The Council convened into a Work Session on Tuesday, October 10,
1995 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem~Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council received a report from the Sesquicentennial
Committee.
Margaret Smith, chair-Sesquicentennial committee, stated that last
spring and summer the Council appointed a committee totaling 41
individuals to work on the project and help manage the City's
celebration for the County's Sesquicentennial and Court House's
Centennial. A parade and picnic were planned for the event to be
held April 15, 1996. Invitations would be sent to high school
bands and universities and anyone in the County who wanted to
participate in the parade. Carol Ann Ganzer was managing the
parade. The Governor, Senators and Representatives from the area
would be invited to participate. The picnic at th~ civic Center
Park would be a bring-your-own lunch or visit food booths available
from 501(c) 3 groups only. Entertainment would be planned for the
entire afternoon. The Committee was requesting funding for the
event. As there were many mailings involved along with a brochure
for mailing and the Committee would like to have souvenirs to
City of Denton city Council Minutes
October 10, 1995
Page 2
commemorate the event, the Committee was requesting Council
consider allocating $10,000 for this event. The Committee might
not need that much money but would like to be able to budget for
that amount.
Council Member Young asked if the committee considered a social for
the evening in the civic Center Park.
Smith stated that they had a discussion regarding a children's
event to get children and families involved before the event.
Council Member Young stated that socials were a part of the history
of the Country.
Smith stated that the Committee would consider the request. The
Committee also needed money for a series of short commercials
advertising the event. The events of the day would be filmed for
the Historical Museum and for the Library.
Krueger motioned, Young seconded to direct to staff to take the
funds from the City Manager's contingency fund for this event.
Council Member Cott felt that private investment should contribute
to the event.
Council Member Young suggested a time capsule for the event.
smith felt that was an excellent idea and that the Committee would
consider that suggestion.
Council Member Brock felt that some private money would be
appropriate to supplement the city's money. She also suggested
having the Courthouse featured on a morning television program.
Smith felt that there would be in-kind services from the private
sector and possibly some monetary contributions.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
2. The Council received a report, held a discussion and gave
staff direction regarding the request from Teri Woods concerning a
private access easement.
Rick Svehla, Deputy City Manager, stated that at a prior meeting
Ms. Woods had addressed Council regarding a private access
easement. Staff had researched the number of these types of
easements in thc City. For a number of yaar~, the focus on
development was to go away from rear entry alleys and to go in this
direction if rear access was desired. In
several cases, access was not already there, even in the alleys,
and the City chose not to open those but to have them remain
closed. Ms. Woods asked the City to accept the responsibility of
the easement. The easement was in good shape aB it was concrete
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City of Denton City Council Minutes
October 10, 1995
Page 3
and continued to be in fairly good shape. At some point in time
the city would have to replace the paving which would cost
approximately $18-20,000. This was built as driveway access to
certain residences. Other residents had similar costs. There were
other privately platted and privately formed access arrangements in
the City with approximately 8-10 subdivisions in the City with such
arrangements. Additional requests might be received from
homeowners if Council assumed responsibility for this easement.
Staff felt that since the original thought was for private access
and there was to have been a homeowners' association formed, staff
could help the residents but the City should not assume the
responsibility of the easement.
Council Member Miller asked if alleyways were easements owned by
the City.
Svehla replied that an alleyway was a dedicated access rear entry
which was maintained by the City.
Council Member Cott felt that providing services which were private
responsibilities kept taxes up.
Teri Woods stated that the homeowner's property line ended at their
garage with a 16' easement in the deed. Research for the Cooper
Glen project found that 4' of the property encroached on that 16'.
The easement was built as a homeowner's association to assume the
responsibility for the easement which never developed. This was an
impossible situation for the present homeowners. Property taxes
were paid by the homeowners which would offset the cost of the
easement in the future. She asked the city to accept this as a
unique situation.
Mayor Pro Tem Biles asked who owned the land under the alley. When
the developer platted and created the lots, he either did not
convey that property to anyone or conveyed it to each of the
homeowners.
Woods replied that the developer dedicated to the homeowners this
easement with the idea that there would be a homeowner's
association but nothing was ever established.
Council Member Young felt that the city should honor this request
for fire, pQl£~ and emergency melville. ~ felt that the City
should take the responsibility and honor Ms. Woods' request and all
others which wanted to be dedicated to the city.
Young motioned to honor Ms. Woods' request and all others with
alleys which wanted to have City responsibility.
Woods stated that the City would not be setting a precedent as this
was the only type of property like this in the city without a
homeowners' association.
Motion died for lack of a second.
City of Denton City Council Minutes
October 10, 1995
Page 4
Council Member Krueger felt that Ms. Woods' request was one of a
kind and that there was not another subdivision in the City like
this condition.
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Krueger motioned, Young seconded to have the city take over this
easement.
Council Member Cott felt that even if this was the only easement of
this type in the City, it was not the kind of activity a city
government should get involved with.
Council Member Miller stated that when this was approved by the
Planning and Zoning Commission and Council the intent was for a
homeowners' association to take the responsibility of the easement
which did not develop. He felt that the residents would find a way
to maintain the area.
Mayor Pro Tem Biles asked for more information regarding the
situation and other similar situations.
Mayor Castleberry felt that this was not a unique situation and
that there were probably other similar types in the City.
Council Member Krueger stated that this was a neighborhood which
worked with a developer rather than against a developer. Upon
working with the developer, this situation was discovered. He felt
that this was what a city should do and should grant the request.
Council Member Young stated that this was a responsibility of the
City. All other City alleyways were regulated by the city. The
City needed to accept this responsibility and should honor the
request.
On roll vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye",
Brock "nay", Biles "nay", and Mayor Castleberry "nay". Motion
failed with a 2-5 vote.
Mayor Pro Tem Biles motion to direct staff to bring back further
information on this and similar areas to determine what the city
might be able to do for the residents.
Mayor Castleberry stated that a motion was not needed for such a
request.
3. The Council viewed a Denton '95 public information video.
Mayor Castleberry presented a proclamation for Quality Month.
council viewed the Quali%y D~n%on '95 publi~ information video.
Council Member Krueger left the meeting.
4. The Council received a report, held a discussion and gave
staff direction regarding an assessment of the After School Action
Site
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City of Denton City Council Minutes
October 10, 1995
Page 5
city Manager Harrell stated that this item was raised during the
budget discussions and Council decided to consider this item after
the conclusion of the budget. Council had asked for a
comprehensive review of the current After School Action site
program and an evaluation of the continued usefulness of the city
effort.
Council Member Krueger returned to meeting.
Ed Hodney, Director of Parks and Recreation, stated that staff was
asking for more direction regarding the issue. He provided a brief
summary of the project including its objectives. The program
started in 1981 at one site and expanded, not at the initiative of
the City, but at the request of various parents and the Denton
School District. At that time there was a void not being filled.
The question probably was that the void existed in 1981 but did it
still exist today. The program was licensed by the State of Texas
to operate at 10 sites with up to 450 children. That would be 450
children in grades K-6 in a School District which had 6,000
students in those grades. That was less than 7% of the total
market. Staff was asking Council to consider the question of the
City's appropriateness of this role and believed that it was a
Council policy decision to make regarding the issue.
Mayor Pro Tem Biles stated that at the present time the School
District allowed the use of the buildings at no charge and the fee
generated as paid by the participants covered the operating costs,
staff, supplies, etc.
Hodney replied correct.
Mayor Pro Tem Biles asked if the DISD would be willing to enter
into the same arrangement with private sector providers with the
same terms.
Janet Simpson, Superintendent of Leisure Services, stated that the
City had not asked the DISD that question as it was felt that it
might be premature considering the direction to be given from
Council.
Mayor Pro Tem Biles stated that if the program was discontinued,
the city would lose $12,290 which was the return the Parks
Department made to th~ General Fund.
simpson replied correct.
Mayor Pro Tem Biles stated if the premise were proposed that the
same service could be provided at the same or lower cost by the
private seotor coupled with the GonGern for ~h~ n~d to form
another City committee, etc., would it not be wise to place the
ball in the court of the private sector and let them do the legwork
with the DISD.
Hodney replied that could be an option to consider. One concern in
that type of process was to pay attention to the customers
City of Denton City Council Minutes
October 10, 1995
Page 6
465
currently enrolled in the program.
Mayor Pro Tem Biles stated that if the private sector providers did
the initial work with the DISD and DISD opened the process for bid,
that would be the point in time for staff to move forward with the
issue. City staff would not do anything until then.
Hodney felt that the door was always open for any private provider
to discuss this option with the DISD. When the point was reached
in the process when possible options were considered, then he would
want to make sure the customers were made aware of that process.
Mayor Pro Tem Biles felt that the entity which had the greatest
involvement in this issue was the DISD as it was providing the
assets. Before the City became involved in this issue it should
know how the DISD felt about the process. The private sector
should take the initial step on the issue. The DISD might want to
go to competitive bid and before a final decision was made, the
parents would be asked what they wanted to do.
Council Member Cott felt that the issue had almost relatively
little to do with the students and parents who used it. The
situation dealt with whether or not the taxpayers wanted to
continue to pay for this service. Whether in the schools or not,
the private provider had to have an option to bid on this. This
was never intended to be a day care.
Council Member Young stated that discontinuing the program would
have no impact on the General Fund.
Hodney stated that there would be a small impact if the program was
discontinued as the General Fund received $12,000 from the program.
Simpson replied that the Recreation Fund budget was developed to
cover the cost of programs. The City was impacted with finance,
accounting and other fees so that 5% was returned to the General
Fund which was approximately $12,000.
Council Member Young stated that this program had been going on for
thirteen years, was a great success and was not something brand new
in the community. Many children in his district benefited from the
program. Even if the program was not intended to be a day care it
was a win-win situation and he could not see destroying this
program. He was in support of the program as it had been for the
last 13 years. This was a service the city helped provide to its
citizens and did not cost the City any money.
Young motioned, Miller seconded to continue the current program.
Council Member Brock stated that this program was not subsidized by
the taxpayers. The program was not to make money but to provide a
service which was needed by the community. The program involved
children and parents and she would not want to go any further until
people who might be affected by a change had input into the
process. She wa~ concerned with the implication that this would ~e
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City of Denton City Council Minutes
October 10, 1995
Page 7
taken over privately as one reason the program was started was that
there were children who were not being adequately cared for after
school as parents could not afford private day care. Many parents
wanted to have a say on this matter. This was a pro-family program
and a benefit to many families.
Council Member Krueger stated that he was a user of the service and
had used the service due to the fact that it was convenient and
cheaper than private day care. It was a good program but the fact
was that it was provided cheaper than private day care. It was
cheaper as it was rent free, utility free and minimum wage was paid
to college students to babysit children in a DISD facility. There
were good enrichment programs for the students in the program but
there was not a day care private provider who could not reproduce
the program for the exact fee or less given the same circumstances.
This was the philosophical approach which the Council needed to
debate. Did the City want to be in direct competition with private
enterprise. He had asked for this report as it was his feeling
that the City should not be in direct competition with private
enterprise. He felt some sort of agreement could be reached with
day care providers to provide the same service and pay taxes to do
that. The City was cutting into private day care profits and their
ability to pay taxes. He was not in favor of the program as it was
in direct competition with private enterprise.
Council Member Miller felt that the philosophical question could go
to two extremes. There was a role for government to be involved
and concerned with the lives of children. Over a period of time
the City developed a partnership with the school system. Over the
13 years this was a program with excellent marks with the parents
with children in the program being very supportive. The program
was done at the location where the child went to school who could
then spend time with some of the teachers after school. A survey
was done several years ago in which parents requested more
enrichment programs. The city had a number of programs in the
Parks and Recreation Department which philosophically could be in
competition with the private sector such as soccer, arts and
crafts, baseball and basketball programs. The programs were
offered on a city-wide basis to be able to help the citizens
provide development for their children. This program was not being
done with taxpayer dollars but rather with funds provided by
parents. He did not feel this was in direct competition with the
day care pro¥iders and %ha% %he Ci%y belonged in thi~ type of
program.
Council Member Young felt that perhaps the DISD was also competing
with private industry. Anyone against this program was against
motherhood.
Mayor Pro Tem Biles felt that the program was not being paid for by
taxpayers' dollars and was contributing $12,000 to the General
Fund. If someone wanted to find out about the private sector
providing the service, let them do legwork. Do not form another
committee if there are others who wanted to pursue this activity.
City of Denton City Council Minutes
October 10, 1995
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467
Council Member Brock stated that the motion was to continue the
program. The program could continue and still gather information
concerning the private sector. If that information was gathered,
she wanted it gathered by the people most involved which was
parents and children.
Council Member Krueger stated that the sports programs were done by
private organizations in relationship with the city. The programs
were handled by parent groups and parent organizations. The City's
relationship with the DISD was not about day care centers. It was
about building playgrounds and easing building restrictions on new
schools and easing landscaping ordinances for new schools. Any
private day care provider could do the same service as the city was
doing. This was about allowing any private organization to do the
same program.
Mayor Castleberry felt that the private sector should come forth
with a proposal before the City devoted any more staff time on the
issue. The private sector might not be able to handle a large
influx of children. The private sector needed to indicate how they
would handle these children and how they would handle scholarship
children.
Mayor Castleberry indicated that the motion was to continue the
After School Action site program for another year. On roll vote,
Miller "aye", Young "aye", Cott "nay", Krueger "nay", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-
2 vote.
Mayor Pro Tem Biles motioned to direct staff to seek the input from
the private sector on this issue.
Council Member Brock suggested to include a public hearing so that
parents involved in the program and any other interested citizens
could address the issue.
Mayor Pro Tem Biles stated that before any change would be made, it
would have to be adopted by Council with a public hearing. He was
asking staff to have private day care providers connect with the
DISD if interested. He indicated that he would include Council
Member Brock's suggestion in his motion.
Council Member Young seconded the motion.
Council Member Cott suggested adding that private providers be
involved in the process and have the process completed by a certain
date.
-- Mayor Fro Tem Bile~ indi~a%~d a da~ ~f'April ~, X996.
Mayor Castleberry stated that the motion was to ask the private
sector to come forth with a proposal and to hold a public hearing
to be completed around April 1, 1996.
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City of Denton City Council Minutes
October 10, 1995
Page 9
On roll vote, Miller "nay", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
5. The Council received information and gave staff direction
regarding extraterritorial jurisdiction annexations.
Rick Svehla, Deputy City Manager, stated that this item was an
attempt to complete discussions held at the Council briefing
session in July. Staff wanted to confirm that Council did not want
to move forward with annexations to the north. Also, the City
recently received many requests for variances in the City's ETJ.
Staff would continue with performance regulations if Council did
not want to annex any further.
Council Member Cott stated that two years ago the concept was
started to annex to the north and eventually to encompass Lake Ray
Roberts. He felt that was a good plan.
Council Member Young stated that since the Council's planning
session, the residents in the area indicated that they did not want
to be annexed.
Mayor Castleberry felt it was very important to have all of Lake
Ray Roberts in the City's ETJ. In order to do that, the city had
to annex property north. It was important for control over
development in the area. Lake Ray Roberts was a vital part of the
city of Denton with Denton having a large investment in it. He was
not interested in looking at the annexations unless the Council was
willing to proceed.
Mayor Pro Tem Biles stated
controlling the City's future.
take up at a later date.
that he was also concerned about
He felt this might be an issue to
Council Member Miller stated that the City's ETJ already had a
large portion of the lower portion of the Lake. There was a need
to take into account that the City would have to provide services
in the annexed areas. He could not give a blanket approval to such
a proposal.
Council Member Cott suggested developing a plan and determine a
cost for that plan.
Council Member Brock expressed concerned about possible obligations
the City might have for emergency services in the area of the Lake.
In the future the City might have similar problems such as were at
Lake Lewisville. Before any further annexations were done in that
area, the City needed to be clear about requirement~ in the ETJ.
Council Member Young felt that to annex that area now would be
taxation without representation. City services were spread too
thin at this time.
city of Denton City Council Minutes
October 10, 1995
Page 10
Council Member Krueger felt that area cities did not want Denton in
the Lake area. There were committees which would protect the Lake.
Mayor Castleberry stated that he was interested in only annexing
enough property to have the Lake in Denton's ETJ.
Following the completion of the Work Session, the Council convened
into a Special Called Meeting in the city Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council discussed, considered, deliberated, and took
action on the recruitment, employment, and appointment of an
interim or temporary municipal judge, an associate judge and a new
municipal judge.
Herb Prouty, City Attorney stated that the law which authorized the
Denton Municipal Court indicated how vacancies were to be filled.
The Open Meetings Act allowed the Council to convene into a Closed
Meeting to discuss specific candidates for Municipal Judge or
Temporary Assistant Municipal Judge and those individual's
qualifications. But the Council could not discuss procedures or
reports with regard to how the Municipal Court operated.
The Council convened into a Closed Meeting.
2. Following the completion of the Closed Meeting, the Council
convened into open session and took the following action:
Biles motioned, Young seconded to nominate Robin Ramsay as Acting
Municipal Judge to act in the interim and perform the duties of
Municipal Judge. He would serve in that capacity according to the
statutory requirement that Council fill the vacancy created by the
resignation of Judge White. On roll vote, Miller "aye", Young
"aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Council returned to Special Session Item #1.
1. The Council discussed, considered, deliberated, and took
action on the recruitment, employment, and appointment of an
interim or temporary municipal judge, an associate judge and a new
municipal judge.
City Attorney Prouty suggested drafting a new contract for the
interim period for Acting Judge Ramsay.
Tom Klinck, Director of Human Resources, provided the Council with
a job opportunity announcement for Council's review. In order to
advertise in several publications for November and December, an
October 15th deadline had to be met. The job would be closed on
December 29th and the Human Resources staff would do the same
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city of Denton City Council Minutes
October 10, 1995
Page 11
screening process as it had done with other similar vacancies. The
job announcement provided for a hiring range between $46-57,000.
His staff would coordinate with the city Attorney's office for job
duties and minimum qualifications.
Council Member Miller asked if a lower range could be used for the
posting notice such as setting the maximum salary at $55,000 at
this point in time.'
Mayor Castleberry asked for the salary range of the job.
Klinck stated that the range was $46,384-57,990 which was the
typical range but could be lower if Council felt it was
appropriate.
Council Member Miller felt that perhaps the upper limit should be
lowered at this time as the City would be well within the market of
other area cities if the amount were lowered.
Council Member Young disagreed as the City needed to start with
market value.
Cott motioned, Biles seconded to have $46,384 be the low point of
the salary range and $57,990 would be the high point of the salary.
On roll vote, Miller "nay", Young "nay", Cott "aye", Krueger "nay,',
Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion
failed with a 3-4 vote.
Brock motioned, Krueger seconded to have the top salary range be
$55,000 and the low salary range be $46,384. 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.
Biles motioned~ Krueger seconded to proceed with the publication
notice as presented. 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.
With no further business, the meeting was adjourned at 9:25 p.m.
~NNIF~ WAr. TERS
OTTY SECRETARY
CITY OF DENTON, TEXAS
CASTLEBE Y, YOR/
CITY OF DENTON, TEXAS /
/
ACC002C3