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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. 47t 472 City of Denton City Council Minutes October 17, 1995 Page 2 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 City of Denton City Council Minutes October 17, 1995 Page 3 473 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 474 City of Denton City Council Minutes October 17, 1995 Page 4 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. City of Denton City Council Minutes October 17, 1995 Page 5 475 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 476 City of Denton city Council Minutes October 17, 1995 Page 6 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. 477 478 city of Denton City Council Minutes October 17, 1995 Page 8 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. 479 48O city of Denton City Council Minutes October 17, 1995 Page 10 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 city of Denton City Council Minutes 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 48i 482 City of Denton City Council Minutes 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. 484 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. 486 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. 488 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. 48.9 490 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. 492 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