Minutes October 17, 1995CITY OF DENTON CITY COUNCIL MINUTES
October 17, 1995
The Council convened into a Closed Meeting on Tuesday, October 17,
1995 at 5:45 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
Discussed settlement and defense of contemplated
litigation concerning the denial to rezone 3.853
acres from SF-7 to office zoning on the south side
of I35-E and Lindsey Street.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
Discussed the appointment and employment of a part-
time Assistant Municipal Judge to fill in during
vacancies of the Acting Municipal Judge.(Open
meeting discussion and took action)
The Council convened into a Regular Meeting on Tuesday, October 17,
1995 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Council Members Brock, Cott, and
Miller.
ABSENT: Mayor Pro Tem Biles; Council Members Krueger and Young
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Castleberry presented the following proclamation:
Pharmacy Week
Mayor Pro Tem Biles and Council Members Krueger and Young joined
the meeting.
Mayor Castleberry presented the following proclamations:
Domestic Violence Awareness Month
Keep Denton Beautiful Adopt-A-Spot Month
2. The Council considered approval of the minutes of July 21-22,
1995 and July 25, 1995.
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Cott motioned, Brock seconded to approve the minutes as presented.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
3. Citizen Reports
A. The Council received a citizen report from Carl Williams
regarding a Racial Diversity Task Force and a Citizens Police
Review Board.
Mr. Williams stated that the Denton Record Chronicle chose to
negatively report about African-American men as a group regarding
an incident which occurred at 12:30 a.m. on Sunday. Monday's
paper, with an article about a person who was really shot, was on
the front page. He felt there was a need for a Racial Diversity
Advisory Committee and the Denton County branch of the National
Association for the Advancement of Colored People was requesting
that the Council reconsider such a committee. A comparison of the
salary for the Director of Fiscal Operations with his peers
indicated that his salary was not on par. The City Council allowed
the City Manager to commit an covert racist act in which one set of
criteria was used which was negative to one group and then another
set of criteria was used for another group. Good business and
progress come to cities with racial harmony. A Racial Diversity
Committee could deal with Klan rallies, etc. for the City. The
citizens of Denton were tired of the Council settling civil rights
lawsuits in secret.
B. The Council received a citizen report from Herman Wesley
regarding a Racial Diversity Task Force.
Mr. Wesley asked the Council to reconsider the implementation of a
Racial Diversity Task Force. A DISD Task Force found areas to
correct with positive results. He was asking to be able to discuss
the policies and practices of the city to make sure that they were
fair. The Task Force would look at the issues to see if there was
room for improvement. He did not want to wait until something
dramatic happened in order to review the issues and wanted an
opportunity to explore the issues together. It took honesty and
courage to look at this issue.
Joe Dodd stated that the ugliest vestige of racism was how many
people thought was in places which it was not. Sometimes there had
been enough talk and he felt that there had been enough in Denton.
If this Task Force was put together it indicated that there was a
problem and that the Task Force would be looking for problems. He
did not like cultural diversity being handled by the government.
If things were going wrong in the Police Department, and he did not
feel so, there needed to be specific charges against the
Department. Racism was not here institutionally. If the Task
Force was established, the Committee would be adding to the
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October 17, 1995
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problems.
Council Member Cott stated that the City had much in place to deal
with this issue. The City's policies and practices on hiring,
promotions, pay and other aspects of the employment relationship
were in full compliance with all applicable Federal, State and
local laws and regulations. Some of the protected classes for
applicants and employees included race, color, creed, national
origin, gender, age over 40 years, disability status and veteran's
status. There were regular reports on a full range of protected
classes. In addition, the City had implemented additional programs
and activities to ensure the policies and practices were carrying
out the spirit of the laws and regulations. Examples included
diversity training for all employees; targeted recruitment efforts
at predominately protected-class universities, colleges and
schools; a diversity community luncheon; job partnership training
programs; and affirmative action mailing lists to over 100
organizations. He felt that the quality of life in Denton was due
to the City staff, fire and police force and he was proud of the
work which they did.
Council Member Young stated that the Fire Department had no Afro-
Americans; there were two Afro-Americans in the Electric
Department; there was one Afro-American in the Police Department;
there were two Afro-Americans in the Parks Department who were at
the Martin Luther King, Jr. Center. When the City was hiring
firemen, there were some Afro-Americans with degrees who had
applied but then the system was changed. Once it was seen that
there were Afro-Americans high on the eligibility list, the system
was changed to keep them off. That closed the door on Afro-
Americans for that department. That was one act of racism. The
legislative body changed the rules when Afro-Americans made high
enough scores which was an act of racism. All through the city
Afro-Americans were the lowest paid employees. They were skipped
over for promotions and were discriminated against. This proposed
committee would be made up of diverse citizens of Denton who would
look at this issue in an educated manner to determine the City's
weaknesses and strengths. There were racial problems in Denton and
the Council chose to ignore those problems. There was a need to
put this committee together and satisfy the needs of the community.
Council Member Brock stated that the Council voted to postpone the
consideration of the committee but that did not mean that it was a
dead issue. Some of the things which Council Member Young had been
saying pointed out the value of having an objective study
committee, not to just consider hiring and promotion policies of
the City but perhaps to deal with community-wide racial issues.
Council Member Krueger left the meeting.
Council Member Brock continued that the hiring policy for hiring
firefighters was changed temporarily as there was so much pressure
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to increase the fire fighting force right away and to open Central
Fire Station. Accepting only certified firefighters meant that the
extra firefighters would be hired earlier. The City Council never
saw the lists of those eligible for civil Service. This was a very
complex system because of Civil Service. One of the issues to ask
a candidate for City Manager would be his/her attitudes and
practices regarding such an issue. After the arrival of a new City
Manager, a report could be generated. The City Manager could work
with a committee to take a broad view of this inter-racial and
inter-cultural issue.
Council Member Young stated that the rush to change the system was
to not allow Afro-Americans into the Denton Fire Department. This
was a smoke screen to keep Afro-Americans off the Fire Department.
This decision was made before he came on the Council.
Council Member Krueger returned to the meeting.
Council Member Miller stated that the decision to require certified
fire fighters came after this Council was seated and after they had
decided to reopen Central Station. There was no valid eligibility
list out at that point in time. Many of the issues relative to
fire fighters and police officers dealt with the Civil Service laws
of the State of Texas. There were court cases where cities had
hired incorrectly from the an eligibility list and were found to be
in violation of the Civil Service laws.
Mayor Pro Tem Biles stated that staff had provided Council with
very interesting statistics. The employable work force of Denton
County was comprised of 4.66% African-Americans. The City of
Denton employed over 6.5% African-Americans. Out of the Denton
County employable work force, almost 6.5% were Hispanic. The city
of Denton work force was almost 8.5% Hispanic. These numbers
indicated that the City of Denton work force exceeded what the
Denton County employable work force was. With the exception of the
Fire Department, the City exceeded the like percentages of
Hispanics and African-Americans in its various departments. He
agreed that there was no harm when people spoke with calm voices to
exchange opinions rather than yelling across the room at people.
It helped when people spoke calmly and listened to what others had
to say. The committee was going to take place but the timing
needed to be done correctly. The Human Resources Department would
be very taxed in the next few months and there were not enough
hours to undertake this task force at this point in time. There
was a specific date when the committee would be started and it had
a specific criteria and assignment.
Council Member Young stated it was fine if it was understood that
the committee would be done and he could wait until January. From
what he had heard at this meeting, it appeared that there was a
need to prove that this committee was needed.
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475
City Manager Harrell stated that Council Member Miller had stated
the correct sequence of events that led the staff to come to the
Council with a recommendation for a change in the selection process
for certified fire fighters. The eligibility list was going to
expire and it would have been necessary to create another. If the
old procedure would have been kept in place, a new test would have
had to been given and then the fire recruits would have had to been
sent to fire fighter and paramedic school which would have delayed
their active duty for nine months. The Council was very clear that
they wanted to increase the fire fighting force as quickly as
possible. The only way to do that was to change the selection
process. That procedure was fully discussed with the City Council
and the Council did not object to that change in criteria. It was
not done to keep any group off the fire force. Three weeks ago the
Council received reports from two department heads which were in
different formats. Council Member Krueger expressed confusion on
the cost data presented. There was no effort to deceive the
Council or present misleading information. An editorial in the
newspaper stated that the cost factor for doing racial diversity
was $100,000. The report presented to Council indicated that the
total cost was $53,000 including $34,000 of exempt salary time for
which no cost would be required. A second statement in the
editorial indicated that there was a recommendation from staff to
postpone the consideration of this item. That also was not
correct. Staff had indicated that it was near capacity in regards
to taking on another project. At no time did City staff recommend
to postpone the item. Council decided it would be prudent to
postpone after reviewing staff workload.
4. Citizen Requests
A. The Council considered a request from Julia LoSoya for an
exception to the noise ordinance for a band concert at the North
Texas Fairgrounds on Saturday, November 4, 1995 until 1:00 a.m.
Veronica Rolen, Administrative Assistant, stated that this was a
request to grant an exception to the noise ordinance for a band
concert at the North Texas Fairgrounds.
Council Member Young left the meeting.
Biles motioned, Brock seconded to approve the request. On roll
vote, Miller "aye", Cott "aye", Krueger "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance to rezone 1.233 acres from Specific Use Permit S-
140 (with underlying Agricultural [A] zoning) to the General Retail
Conditioned (GR[c]) zoning district on property located on the
northwest corner of Ryan Road and Teasley Lane. (The Planning and
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Zoning Commission recommended approval, 7-0.)
Frank Robbins, Director of Planning and Development, stated that
policy issues were associated with this proposed zoning. Those
issues dealt with the half-mile rule in a low intensity area and
the strip commercial issue. This was a low intensity area and the
proposal was inconsistent with the intensity policy and half-mile
rule. Given those issues, the Planning and zoning Commission
recommended approval with conditions. Those conditions included
that the maximum size of the building would be 4,000 square feet,
a one-story height limit, a long list of prohibited uses and no
metal buildings could be built.
The Mayor opened the public hearing.
R. J. Button stated that he was the owner of the Denton West Mobile
Home Park and the indicated parcel of land. In 1982 when he built
Lakewood Estates he extended an 8" water line along Ryan Road to
the project. He would be extending the sanitary sewer from the
Ryan Road lift station so it would be accessible for future
development. He had been to the Development Review Committee and
was agreeable with all of the conditions.
Council Member Young returned to the meeting.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 95-198
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION WITH SPECIFIC USE PERMIT 140 (S-140) TO
THE GENERAL RETAIL CONDITIONED (GF[C]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 1.233 ACRES OF LAND
LOCATED ON THE NORTHWEST CORNER OF RYANROADAND TEASLEY LANE
(F.M. 2181); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
cott motioned, Biles seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered adoption
of an ordinance to rezone 2.0015 acres from the single Family 7
(SF-7) zoning district to the Light Industrial Conditioned (LI[c])
zoning district on property located on the southwest corner of
Morse and Woodrow. (The Planning and zoning Commission recommended
approval, 6-0.)
City of Denton City Council Minutes
October 17, 1995
Page 7
Frank Robbins, Director of Planning and Development, stated that
the same policy issues applied to this case as to the previous
case. The Planning and Zoning Commission recommended approval of
the light industrial zoning with a series of conditions. The
property was surrounded on three sides with other light industrial
uses with fewer conditions. There was a single family house on
single family zoned property to the west. One of the conditions
was that the existing vegetative buffer would be maintained with
the neighborhood property. The only access to the property would
be on Woodrow Lane.
The Mayor opened the public hearing.
Cliff Reding stated that the property would be divided into
individual lots and sold to individuals with their own businesses.
These buildings would not be a typical metal building warehouse
facility. There was no City requirement to have the building
fronts as he wanted but it was something he wanted to do. He
agreed with the restrictions recommended by staff.
Council Member Brock asked if the property would be divided into
seven lots and then sold to individual owners. If so, would the
buildings be built first and then sold.
Reding replied both. He planned to sell individual lots and sell
lots with buildings on them. There would be a maximum of seven
lots - six smaller and one large lot. There was the possibility
that one individual would purchase two lots and build one building
on them. Any outside storage would have to be covered with a solid
fence or some other type of materials and maintained at all times.
There would be no storage of supplies to be seen from the road.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 95-199
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL
CONDITIONED (LI[C]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 2.0015 ACRES OF LAND LOCATED ON THE SOUTHWEST
CORNER OF MORSE ROAD AND WOODROWLANE; PROVIDING FOR A PENALTY
IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, Biles seconded to adopt the ordinance. 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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October 17, 1995
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C. The Council held a public hearing for citizen comments on
the status of projects and activities for the Community Development
Block Grant and the HOME Partnership Investment Program and on the
City of Denton's 1994 Grantee Performance Report.
Louisa Rodriguez-Garcia, Program Assistant, presented an update on
the CDBG and HOME federal grants.
Mayor Pro Tem Biles left the meeting.
Garcia continued that in the 1994-95 fiscal year, the city expended
$957,013 in CDBG and HOME funds on a variety of projects. The
majority of those funds were used to benefit low and moderate
income families in Denton. Some of the major accomplishments this
past year included the acquisition of the Owsley Park in the Owsley
Addition; the purchase and installation of playground equipment at
the Owsley, Denia, Mack and MLK Parks; the construction of
sidewalks on Gardenview and Morse Streets; the repaving of
Chambers, Boardwalk, Park Lane, and Simmons Streets; the
construction of two homes on Windsor under the Affordable Housing
Programs; the continuation of the Housing Rehabilitation, the
Optional Reconstruction and the Homebuyer's Assistance Program; the
funding of the renovation of Fred Moore Childcare Center, Fairhaven
Retirement Center, and the City-County Day Nursery; and funding for
public service agencies.
The Mayor opened the public hearing.
No one spoke in the public hearing.
The Mayor closed the public hearing.
6. Variances
A. The Council considered a variance to Section 34-124
(g) (1) of the Code of Ordinances concerning drainage easement
dedication for the Muenks Addition plat. The subject property
consisted of 2.171 acres located on the southwest corner of Hinkle
Drive and Haggard Lane. (The Planning and Zoning Commission
recommended denial, 5-2.)
Council Member Miller left the meeting and Mayor Pro Tem Biles
returned to the meeting.
Mayor Castleberry stated that this item had been on the last
Council agenda and resulted in a tie 3-3 vote. Council rules
indicated that it had to be considered at the next Council meeting.
Frank Robbins, Director of Planning and Development, stated that
the proposed variance dealt with the Subdivision Regulation dealing
with property when platted or developed. The standard indicated was
that before the property could be developed, an easement had to be
City of Denton City Council Minutes
October 17, 1995
Page 9
dedicated in the 100 year floodway. It did not require any
construction or cost to the subdivider. The only associated cost
was the surveying to indicate the metes and bounds of the floodway.
Lots 1-4 were indicated for duplex development and Lot 5 was a very
large single family lot. The entire area was recently rezoned from
agricultural. The development of all lots and in particular the
private alley would increase the amount of runoff coming from the
property before it was developed.
Council Member Miller returned to the meeting.
Robbins continued that since there was no requirement to build in
the floodway and since there could be no building or filling of the
floodway under other regulations, it seemed appropriate that only
the floodway would be dedicated by plat. That was why the Planning
and Zoning Commission recommended denial of the variance. The
property could be used for a variety of other uses but could not be
build on. The dedication gave the City the opportunity to improve
the channel at a later date.
Rick Muenks, owner of the property, stated that his primary
objection was to the requirement of a drainage easement. He wanted
to retain the channel in its natural state. Most of the trees were
on the south side of the property which was in a floodway area. He
felt that it was important to one lot which would be a single
family lot. He was not convinced that the existing ordinance
required it to be dedicated as a drainage easement. The staff was
correct in that the runoff would be increased somewhat by the
development. It was not significantly increased enough to demand
a drainage improvement. There seemed to be some inconsistency in
the area. The property immediately to the east of his property was
the Good Samaritan property. He researched the plat records and
the northern portion of that area was platted along with an eastern
portion and a part of the southern portion. That portion which was
subject to the new plat ran entirely to Hinkle Drive and part of
Hinkle Drive was dedicated for an eventual roadway use. None of
the drainage of the floodway area, which was the same floodway area
which went through his property, was required to be dedicated as a
drainage easement. The Planning and Zoning Commission expressed a
concern that the easement was needed for maintenance purposes to
maintain the channel. He was concerned that the City might cut
down the trees, channelize the easement, put fences on the
property, etc. which would ruin the property. If he dedicated the
drainage easement he would lose control over the area. If
maintenance was a concern in the future, a drainage easement right
could be acquired. Right now there was no need for such an
easement.
Council Member Krueger asked if Mr. Muenks was willing to give the
City access to the property.
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Muenks replied yes and that the City already had access to the
property and had been spraying the weeds in the channel. He had
indicated to staff that he had no problem with maintenance of the
area.
Council Member Krueger asked if he was willing to sign an access
agreement.
Muenks replied not in the current form. If the ordinance did not
allow for it to be offered, he could not do so.
Mayor Pro Tem Biles stated that east of Hinkle there was no
easement granted on this same floodway.
Muenks replied correct.
Council Member Miller stated that the backup materials for the
Planning and zoning Commission pointed out that there was no
easement at Good Samaritan because the area was never developed or
platted. There was standing water in the area and no means to
correct it.
Robbins replied that the situation with the platting at Good
Samaritan was that part of the property was preliminary platted and
final platted and part of the property without the floodway in it
was not final platted.
Rick Svehla, Deputy City Manager, stated that the improvement
previously mentioned was on the east side of Hinkle and would not
extend into this property. The improvement would be a channel. If
the improvement was made and approved, the City would want to get
an easement across Good Samaritan which would include all of the
floodway. If Council denied the variance and the City was granted
an easement for the floodway, it would be left in a natural state.
The city wanted to ensure that if there was debris in the area, the
City would not have to try and find the owner in the future to
correct the problem.
Muenks stated that his point was not about what was going to be
done in the future. The point was a right was being taken and a
requirement being made when there was no need for it. The easement
did not benefit his property but was for those downstream. There
was community benefit and potential harm to his property.
Mayor Pro Tem Biles stated that Muenks could not build in the
floodway.
Muenks stated that his point was that what was in the floodway had
a significant contribution to what was not in the floodway.
Mayor Pro Tem Biles asked if Muenks had been informed that there
was a policy against removing the trees and against destroying the
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October 17, 1995
Page 11
vegetation. Before any of that could occur, a public hearing had
to be held before the Planning and Zoning Commission.
Muenks stated that he was not aware of that.
Mayor Pro Tem Biles asked if that would address his concerns.
Muenks replied no.
Mayor Pro Tem Biles stated that Muenks had indicated that he was
concerned with protecting the trees and the appearance of that
property which was in the floodway. If the City was protecting the
trees and the only thing the City was asking for was access to the
property when there were flooding conditions, where was there a
loss suffered to the private property interest.
Muenks stated that if that was the case, he would dedicate a
maintenance and access easement. His concern in 5-10 years was
that this might change and once the property right was given up he
had no recourse for those rights.
Mayor Pro Tem Biles stated that Muenks was proposing a maintenance
easement as opposed to drainage easement.
Muenks stated that was not allowed because the ordinance did not
allow for that to happen. The ordinance required a drainage
easement.
Council Member Krueger stated that if the variance was granted
could a maintenance easement be done instead.
Robbins replied no that the main point was platting before the
property was developed. If the Council granted a full variance to
this, understanding that the Planning and zoning Commission had
approved the final plat conditioned upon approval of the variance
and if the variance was not approved, then the final plat would not
be approved. If the Council approved the variance, the City lost
platting and any regulatory way to have this property have a
benefit for the additional drainage which it would create. He felt
there was no difference between a maintenance easement and a
drainage easement.
City Manager Harrell stated that the Council needed to consider
what might happen, as the applicant had, in the future. In a
planning process there was a need to make sure that all
improvements were made consistent with the development.of the
property so that the general populace did not have to come in and
spend general tax dollars to improve a situation which was created
by a landowner who had developed property. In this case, the
finding was that the development of the property was not so intense
that it was reasonable to require the developer to make
improvements in the channel. The finding was that the development
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October 17, 1995
Page 12
was sufficient to require a drainage easement so that in the future
if the easement was required, the general tax payer would not have
to pay the property owner for that property easement.
Brock motioned, Biles seconded to follow the recommendation of the
Planning and Zoning Commission to deny the variance request.
Council Member Krueger felt that the difference between a drainage
easement and a maintenance easement had been defined. The city
would not have to pay for either one. But if the City decided to
channel the easement and eliminate the trees and foliage, it would
have to be paid for. If there was a maintenance agreement, the
City would have to pay for it but not with a drainage easement.
This dealt with compensation for an easement the property owner did
not want to give. This area was not the problem for drainage.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
Council Members Cott and Young were not present after a short
break.
7. Consent Agenda
Brock motioned, Krueger seconded to approve the Consent Agenda. On
roll vote, Miller "aye", Krueger "aye", Brock "aye", Biles "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
ao
Bids and Purchase Orders:
Bid #1715 - Mowing and Trash Removal
Bid #60198 - Advanced Control Systems
Contracts
2.
3.
4.
5.
6.
7.
Denton City-County Nursery
Denton County Friends of the Family
Fred Moore Day Nursery
HOPE, Inc.
North Texas Community clinics
SPAN
TWU CARES Health Center
8. Consent Agenda ordinances
The Council considered the Consent Agenda ordinances $.A. - 8.D.
Brock motioned, Biles seconded to approve the Consent Agenda
ordinances. On roll vote, Miller "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
City of Denton City Council Minutes
October 17, 1995
Page 13
483
A. NO. 95-200
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. (6.A.1. - Bid #1715)
B. NO. 95-201
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE. (6.A.2. - Bid #60198)
C. NO. 95-202
AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON
AND FRED MOORE CHILD CARE CENTER, DENTON CITY-COUNTY DAY
NURSERY, AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENTS; APPROVING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.B.
~1-3)
D. NO. 95-203
AN ORDINANCE APPROVING AGREEMENTS BETWEEN THE CITY OF DENTON
AND TEXAS WOMAN'S UNIVERSITY, HOPE INC., NORTH TEXAS COMMUNITY
CLINICS, AND SPAN; AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENTS; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (6.B. ~4-7)
9. Ordinances
A. The Council considered adoption of an ordinance
authorizing the Mayor to execute Amendment No. 1 to the agreement
between the City of Denton and Texas Woman's University dated
February 7, 1995 to allow for additional time for expenditure of
funds.
Derrick Collins, Human Services Coordinator, stated that the
ordinance would authorize an amendment with TWU to allow for
additional time for the expenditure of funds.
Council Member Young returned to the meeting.
Collins continued that due to various factors including the delayed
execution of the current contract, TWJ3 had not spent all of 1994
funding. The ordinance would amend the 1994 contract to extend it
until March 31, 1996. The 1995 contract term would begin on April
1, 1996. No additional fiscal impact was anticipated.
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City of Denton City Council Minutes
October 17, 1995
Page 14
The following ordinance was considered:
NO. 95-204
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1
TO AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S
UNIVERSITY, DATED FEBRUARY 7, 19995 TO ALLOW FOR ADDITIONAL
TIME FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Miller motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance approving
the 1995 tax rolls.
Jon Fortune, Chief Finance officer, stated that this ordinance
would approve the 1995 tax rolls. The actual tax levy on the 1995
tax roll was $10,774,354.
The following ordinance was considered:
NO. 95-205
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1995
TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance approving
guidelines for operation of the City of Denton Homeowner
Rehabilitation Program and eligibility criteria and authorizing
expenditures in excess of $15,000 for projects meeting Program
guidelines and criteria.
Nancy Baker, Housing Rehabilitation Specialist, stated this
ordinance and the next would approve the Homeowner Rehabilitation
Program Guidelines and the Optional Reconstruction Guidelines.
These guidelines set forth the eligibility criteria and the
procedures to administer the programs. Approval of the ordinance
would allow payments in excess of $15,000 to be made to contractors
for the rehabilitation of the property.
Council Member Cott returned to the meeting.
The following ordinance was considered:
City of Denton City Council Minutes
October 17, 1995
Page 15
NO. 95-206
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFq)ENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
HOMEOWNER REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA;
AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance approving
guidelines for operation of the City of Denton optional
Reconstruction Program and eligibility criteria and authorizing
expenditures in excess of $15,000 for projects meeting Program
guidelines and criteria.
The following ordinance was considered:
NO. 95-207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA;
AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINESAND CRITERIA; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance approving
a contract between the City of Denton and the Barworth Corporation;
authorizing the Mayor and the city Manager to execute any and all
documents necessary to consummate the purchase of real property in
accordance with said contract; and authorizing the expenditure of
funds. (The Planning and zoning Commission recommended approval, 4-
0.)
Barbara Ross, Community Development Administrator, stated that this
ordinance would approve the acquisition of two lots at 2533 and
2535 Charlotte Street to be used as a neighborhood community
center.
Mayor Pro Tem Biles asked if this was unimproved land.
Ross replied correct.
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City of Denton city Council Minutes
October 17, 1995
Page 16
Mayor Pro Tem Biles asked how the efforts were going to build on
the land.
Officer Greg Hedges stated that he had discussions with private
businesses regarding the property. Tri-Steel had indicated that
they would like to help build approximately an 8160 square foot
building which would accommodate the social programs as well as the
COPS program. There would be no City dollars used for the
construction of the building. They were looking to the private
sector and other fund raisers for the funding for the building.
The following ordinance was considered:
NO. 95-208
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CONTRACT
BETWEEN THE CITY OF DENTON AND BARWORTH CORPORATION;
AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE ANY AND
ALL DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE OF REAL
PROPERTY IN ACCORDANCE WITH SAID CONTRACT; AUTHORIZING THE
EXPENDITURE OF FUNDS AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance
authorizing the purchase of 29.612 acres of land from Harold C.
Coe. (The Planning and zoning Commission recommended approval 6-
0.)
Bob Nelson, Executive Director for Utilities, stated that this
property was located next to the Wastewater Treatment Plant and to
the expansion of the new landfill. The property would add to the
area around the Wastewater Treatment Plant for future uses.
The following ordinance was considered:
NO. 995-209
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY ANDHAROLD
C. COE FOR THE PURCHASE OF REAL PROPERTY; AUTHORIZING THE
EXPENDITURES OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Co%t "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
City of Denton City Council Minutes
October 17, 1995
Page 17
487
G. The Council Considered adoption of an ordinance
authorizing certification and educational pay for sworn officers of
the Police Department who hold a Master Peace officer Certification
from the Texas Commission on Law Enforcement officers Standards and
Education (TCLEOSE) or a Master's Degree.
City Manager Harrell stated that currently the City paid an
incentive pay to officers based on their level of training and/or
achievement of an advanced college degree. Currently a police
officer who had completed 30 hours of college was eligible for an
additional pay of $30 per month. That pay escalated to $60/month
for those officers who held an intermediate certificate from the
TCLEOSE organization or an associated degree. It further escalated
to $120 per month for those holding an advanced certification or a
bachelor's degree. The last session of the Legislature created
another advanced degree from TCLEOSE of a Master Peace officer
Certification. This ordinance would authorize a cumulative pay
incentive of $180 per month for those officers who had achieved
such a master's certification or a master's degree from a certified
college. Based on the current force, it was estimated that this
would cost approximately $18,000 per year. These funds were
included in the adopted 1995-96 budget.
The following ordinance was considered:
NO. 95-210
AN ORDINANCE AUTHORIZING CERTIFICATION AND EDUCATIONAL PAY FOR
SWORN OFFICERS OF THE POLICE DEPARTMENT WHO HOLD A MASTER
PEACE OFFICER CERTIFICATION FROM THE TEXAS COMMISSION ON LAW
ENFORCEMENT OFFICER STANDARDS AND EDUCATION (TCLEOSE) OR A
MASTER'S DEGREE; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
10. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to execute a public transportation
contract and subsequent amendments with the Texas Department of
Transportation.
Joseph Portugal, Assistant to the City Manager, stated that
approval of the resolution would authorize the city Manager to
execute the fiscal year 1995-96 public transportation contract with
the Texas Department of Transportation. The City had requested
approximately $141,390 to fund public transportation in the City of
Denton.
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City of Denton city council Minutes
October 17, 1995
Page 18
Council Member Cott asked who paid for the part of the public
transportation outside the city limits.
Portugal replied SPAN, which provided public transportation in
Denton under a Section 9 component, had a separate contract under
Section 18 done under that basis.
The following resolution was considered:
NO. R95-068
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC
TRANSPORTATION CONTRACT AND SUBSEQUENT AMENDMENTS WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC
TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Young 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.
B. The Council considered approval of a resolution approving
and authorizing execution of an interlocal agreement for
participation in a public funds investment cooperative, designating
the Board of Directors of the Cooperative as an agency and
instrumentality to supervise the Cooperative; approving investment
policies of the Cooperative; appointing authorized representatives;
and designating investment officers. (The Investment Committee
recommended approval.)
Harlan Jefferson, Director of Fiscal Operations, stated that the
local government investment cooperative would allow the city to
improve its diversification and yield in its portfolio. Currently
the city only used one investment pool and this would give the city
an opportunity to use a second investment pool as it had a good
rate of return. This agency met all of the requirements of the
Public Funds Investment Act.
The following resolution was considered:
NO. R95-069
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC FUNDS
INVESTMENT COOPERATIVE ("THE COOPERATIVE"), DESIGNATING THE
BOARD OF DIRECTORS OF THE COOPERATIVE AS AN AGENCY AND
INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE; APPROVING
INVESTMENT POLICIES OF THE COOPERATIVE; APPOINTING AUTHORIZED
REPRESENTATIVES; DESIGNATING INVESTMENT OFFICERS; AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
October 17, 1995
Page 19
Biles motioned, Young 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 considered approval of a resolution approving
an interlocal ambulance agreement between the City of Denton and
Denton County for ambulance services.
City Manager Harrell stated that this was a continuation of an
annual contract with Denton County for ambulance services in the
unincorporated area of Denton County.
The following resolution was considered:
NO. R95-070
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
Brock motioned, Krueger 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.
11. The Council received a report and gave staff direction
regarding nomination(s) to the Denton Central District Appraisal
Review Board.
Jon Fortune, Chief Finance Officer, stated that the Appraisal
District was seeking nominations to the Appraisal Review Board.
This was not the same as the nominations the Council recently made
to the Board of Directors. The Review Board was responsible for
hearing all of the appeals of property owners.
Council Member Miller stated that there was a Denton citizen on the
Board whose term would not expire until 1996. There were two
individuals who had served their time limits and would be going off
the Board and three whose terms would expire but would be eligible
to continue to serve. He asked if it was tradition that there were
geographic dispersion of the people on this Board.
Fortune replied that this was a different process from the Board of
Directors. Each taxing jurisdiction would make a nomination and
the Appraisal Board would make a nomination and the Board of
Directors would select who was to serve on the Review Board.
Mayor Castleberry stated that the Council did not have to make a
nomination.
48.9
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City of Denton City Council Minutes
October 17, 1995
Page 20
Miller motioned, Brock seconded to not have a nomination. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
12. The Council considered a program for the update of the Denton
Development Plan. (The Planning and zoning Commission recommended
approval, 6-0.)
Mayor Castleberry indicated that this item received a 3-3 tie vote
at the Council's last meeting and had to be considered at this
meeting.
Frank Robbins, Director for Planning and Development, stated that
staff had presented in detail at the last meeting what the program
would be. This meeting provided a more detailed layout of the
fiscal impact. The projected cost of the Plan development was
approximately $95,371 and the fiscal impact was $82,610 - the
difference being exempt overtime employees. The Denton Development
Plan Policy provided the timing for this update. The Plan stated
that the Planning and zoning Commission would consider an update
annually in July and they would make a recommendation to Council
and Council would consider that recommendation in October. The
Planning and Zoning Commission asked that Council move as quickly
as possible.
Council Member Brock stated that in the Vision process, in
discussions in the Economic Development Advisory Board and in the
Fantus Study, there was a great deal of concern by developers that
the Denton Development Plan be looked at as a whole. It was felt
that there were some areas of the Plan which were outdated or which
needed to be looked at again. She asked if this had been factored
into the work load of his employees.
Council Member Young asked how much it would cost to implement this
plan and how much staff time to do this study. If the staff and
time was not available to do racial diversity, there was not enough
staff and time to do this.
Council Member Young motioned to postpone this until January.
Council Member Krueger stated that the Racial Diversity Task Force
would be handled by the Human Resources Department. This project
would be handled by the Planning Department.
Robbins replied that it would include some hours worked by the
Engineering Department and the Utility Department but did not
include any Human Resources staff.
Council Member Krueger asked if this would overtax those other
departments.
City of Denton City Council Minutes
October 17, 1995
Page 21
Robbins replied no that they had been anticipating at the beginning
of the budget process that this would be the year to start this
process. He had programmed funds into the budget process and time
to do this update. Staff was ready to begin.
Council Member Krueger asked if the City Manager felt uncomfortable
starting another committee with this process.
City Manager Harrell stated that his prior statement regarding the
Racial Diversity Task Force and this proposal assumed both
committees were going forward. This study was discussed during the
budget deliberations with major amounts of hours budgeted in the
budget.
Council Member Young's motion died for lack of a second.
Council Member Brock asked how many citizens were needed for the
update.
Robbins replied 7-15 per the Planning and Zoning Commission's
recommendation.
Biles motioned, Miller seconded to proceed.
Council Member Young stated that this was another good example of
"mumbo-jumbo" from the City. People could see through this "mumbo-
jumbo".
Mayor Castleberry stated that this project was from the Planning
Department and was budgeted for. The Racial Diversity project was
from another department.
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.
13. The Council considered nominations/appointments to the City's
Boards and Commissions.
Council Member Brock nominated Perry McNeil to the Electrical Code
Board.
14. The Council discussed and took action regarding the
appointment and employment of a part-time Assistant Municipal Judge
to fill in during vacancies of the Acting Municipal Judge.
This item was not considered at this time.
15. Vision Update
Council Member Brock stated that Vision presentations would be made
at the end of October and early November.
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City of Denton City Council Minutes
October 17, 1995
Page 22
16. Miscellaneous matters from the City Manager.
City Manager Harrell did not have any items for the Council.
17. Official Action on Closed Meeting Items.
This item was not considered at this time.
18. New Business
The following items of New Business were suggested by Council
Members for future agendas.
A. Council Member Young stated that the members of the
Juneteenth Committee had indicated that they would like to have a
Fred Moore Adult Activity stage and asked that this item be placed
on an agenda for Council consideration.
B. Council Member Brock stated that Senate Bill 1504 allowed
cities to contract with the Department of Public Safety to deny the
renewal of a driver's license of a person who had failed to appear
in Municipal Court. She asked staff to investigate whether the
city would want to enter into such a contract.
C. Mayor Castleberry asked for an agenda item regarding the
selection of a new City Manager.
D. Council Member Brock asked if Council wanted to renew
their Adopt-A-Spot.
19. The Council discussed the following in a continued 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. Discussed the appointment and employment of a part-
time Assistant Municipal Judge to fill in during vacancies of the
Acting Municipal Judge.(Open meeting discussion and took action)
Following the Closed Session, Council reconvened into Open Session
and took the following action:
Biles motioned, Young seconded to appoint Nancy Jesse as interim
part-time Municipal Judge until a full-time Municipal Judge was
appointed. Ms. Jesse's duties would be performed as needed and
directed by the present Acting Municipal Judge at the compensation
rate of $25 per hour. Staff would prepare a contract to that
City of Denton city Council Minutes
October 17, 1995
Page 23
493
effect. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 10:30 p~.
,~,'~ /~. ~ ,~1 /
BOB CASTLEBERRY, MAYO~
~NNiF~WALTERS
~TY SECRETARY
CITY OF DENTON, TEXAS
ACC002CA