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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 46i 462 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. 463 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 464 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 466 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 Page 8 467 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. 468 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 469 470 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