Loading...
Minutes October 3, 1995 CITY OF DENTON CITY COUNCIL MINUTES October 3, 1995 The Council convened into a Closed Meeting on Tuesday, October 3, 1995 at 5:45 p.m. in the civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, and Young. ABSENT: Council Member Miller 1. The Council convened into a Closed Meeting to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered settlement offer in GTE v. Denton, et a__l. 2. Discussed settlement and defense of contemplated litigation concerning the denial to rezone 3.753 acres from SF-7 to O zoning on the south side of I35-E and Lindsey Street. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 1. Discussed the acquisition of property for expansion of the City's landfill. C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, October 3, 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, and Krueger. ABSENT: Council Members Miller and Young. 1. Pledge of Allegiance ~The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented a proclamation for Public Power Week. Council Member Young joined the meeting. Mayor Castleberry presented Yard of the Month awards to: Kirk and Cindy Simmons Billy and Rhonda Caraway Four Sea~on~ Nursery Monk and Mildred Clearman David and Andrea Boots Steven R. Alspach and Peter Holland - Downtown Award 441 442 City of Denton City Council Minutes October 3, 1995 Page 2 2. citizen Request A. The Council considered a request for an exception to the noise ordinance for the Denton County Chapter of the American Cancer society for a Relay for Life at Fouts Field, on Friday, October 6 through Saturday, October 7, 1995. Joseph Portugal, Assistant to the city Manager, stated that this request was for a Relay for Life event to be held at Fouts Field. A sound system would be used from 7:00 p.m. - 11:00 p.m. on Friday and from 11:00 p.m. Friday evening - 7:00 a.m. Saturday morning with ongoing events during that entire time. A portable sound system and music for entertainment for events would be used from 11:00 p.m. Friday - 7:00 a.m. Saturday. Krueger motioned, Biles seconded to approve the exception. On roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Section 34-6(a)(5) of the Code of Ordinances. This section of the Code involved the criteria for granting variances to the Standards in Chapter 34, Subdivision and Land Development. (The Planning and Zoning Commission recommended approval 4-0.) Frank Robbins, Director for Planning and Development, stated that this ordinance would amend the variance criteria to the Subdivision and Land Development regulations. That was the provision which had two kinds of variances. One change would address a variance in the situation when there might be an unreasonable hardship or difficulty if strict compliance of the regulations were followed. There were five criteria which the Planning and zoning Commission must use to grant a variance. The Commission asked staff to develop a change in the variance regulations as most of the variances seen did not meet the fifth criteria of unreasonable hardship or difficulty. The ordinance would add the phrase "subsequent to the date of creation of the requirement from which a variance was sought". The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes October 3, 1995 Page 3 443 The following ordinance was considered: NO. 95-194 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34- 6 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO MODIFY THE CRITERIA TO BE APPLIED BY THE PLANNING & ZONING COMMISSION IN GRANTING HARDSHIP VARIANCES FROM DEVELOPMENT EXACTIONS; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. Brock motioned, Krueger seconded to adopt the ordinance. On roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Variances A. The Council considered a variance to Section 34-114 (17) of the Subdivision and Land Development Regulations (sidewalk requirements), for Lot 1, Block A of the proposed Rife Addition. The 2.363 acre tract was located on the east side of Mayhill Road, approximately 313 feet north of Blagg Road. (The Planning and Zoning Commission recommended approval 4-1.) Frank Robbins, Director for Planning and Development, stated that the next three variances were associated with the same subdivision. The Planning and zoning Commission had already approved a preliminary plat and a final plat for part of the property. This property was in the City's extraterritorial jurisdiction and the previously approved plat which contained no variances was being processed through the County. This variance dealt with the requirement for sidewalks to be built along the perimeter street. The cost of this sidewalk would be approximately $1,700-2,000 with an office and warehouse on the site at this time. The Planning and Zoning Commission recommendation of the variance considered the fact that this would be a sidewalk to nowhere with no other sidewalks in the area and very little pedestrian traffic in the area. Council Member Cott stated that this was a classic economic development case. He felt there was nothing to look at the issue by itself. Cott motioned, Biles seconded to approve the variance request. Greg Edwards stated that he would answer any questions concerning the request. The Planning and Zoning Commission reviewed the very limited pedestrian access to the property, the idea that the sidewalk would go nowhere and felt that the variance request met the criteria in the ordinance as it did not provide any benefit to the property owner. He asked for Council approval of the request. 444 City of Denton city Council Minutes October 3, 1995 Page 4 On roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered a variance to Section 34-124 (5) of the Subdivision and Land Development Regulations (perimeter street paving requirements) for Lot 1, Block A of the proposed Rife Addition. The 2.363 acre tract was located on the east side of Mayhill Road, approximately 313 feet north of Blagg Road. (The Planning and Zoning Commission recommended denial 4-1.) Frank Robbins, Director for Planning and Development, stated that the Planning and Zoning Commission recommended denial 5-1 of the variance request. In considering denial of the variance, the Commission looked at the impact of the proposed development on the street. The requirement was to improve Mayhill Road in front of the development. Given the considerable amount of truck traffic which would be using the warehouse, the Commission felt that the requirement fit the need being created by the development. Council had a number of options associated with this variance situation. It could approve the variance, deny the variance or approve the variance with conditions. Since the Planning and Zoning Commission recommendation of denial there had been much discussion between the staff and the applicant on a variance with conditions. Staff recommended Council consider granting the variance with the condition that a fee equal to the cost of the improvements as determined by the City Engineer be paid to the City prior to the City signing the plat. The City would use the money to improve not only the area in front of the development but all along Mayhill Road. Council had granted this type of variance in similar situations. City Manager Harrell stated that without granting the variance, the property owner would have to construct a turn lane in front of the property and improve a portion of the road. The city would take the money paid to the City for that type of improvement and improve the asphalt depth of the roadway all the way up to University. Mayor Pro Tem Biles asked if the width would be improved. Robbins stated that if Council granted the variance, the City would add aDDroximatel¥ two inches of depth to Mayhill Road which would better handle truck traffic. Mayor Castleberry asked if the paving in front of the building was a part of the condition of the certificate of occupancy or zoning regulations. Robbins replied no that it was outside the city limits so there was no zoning. This was a requirement of the Subdivision Regulations associated with the plat to improve Mayhill Road. City of Denton City Council Minutes October 3, 1995 Page 5 Council Member Brock asked if there was no widening of the road at the site, what traffic problems would develop with the trucks turning into the site. Rick Svehla, Deputy City Manager, stated the road near the driveway going into the warehouse would be widened to help the turning of the trucks. Council Member Krueger asked if this was not going around the ordinance. According to the ordinance, the developer needed to put in a turn lane. Svehla replied that the ultimate section on Mayhill would be a four lane road. Normally in perimeter kinds of situations, the owner built half on each side which was what was originally asked to be varied. If the City had known how large the warehouse was going to be in the beginning, off-site improvements might have been asked for. This was an option to solve truck traffic on Mayhill which was not just in front of the proposal but on an entire section of road. Greg Edwards stated that a previous question dealt with ownership of the property. Mr. Rife owned the property and leased it to Sally Beauty. He expressed a concern about the pavement as it went nowhere. By the time the road was extended and became a value to the citizens of Denton and to the property, it was felt that the pavement would not be in good condition. The proposal was to give the cost of the development to the city and the city use those dollars to improve Mayhill Road. This would improve both sides of Mayhill to University instead of only one side. Council Member Krueger asked if Blagg Road was one of the proposed exits for a northwest exit from Ryan High School. Svehla replied that would be Mills Road which was further south. Council Member Krueger expressed a concern about tying up the school traffic with truck traffic. would use the road at a There would not be much of Svehla stated that the bus traffic different time than the truck traffic. an overlap of that kind of traffic. Biles motioned, Brock seconded to approve the variance with the conditions as noted in the September 29, 1995 letter from Mr. Edwards to Mr. Svehla. On roll vote, Young "aye", Cott "aye", Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-1 vote. C. The Council considered a variance to Section 34-124 (5) of the Subdivision and Land Development Regulations (drainage 445 City of Denton City Council Minutes October 3, 1995 Page 6 channel requirements), for Lot 1, Block A of the proposed Rife Addition. The 2.363 acre tract was located on the east side of Mayhill Road, approximately 313 feet north of Blagg Road. (The Planning and Zoning Commission recommended approval 4-1.) Frank Robbins, Director for Planning and Development, stated that the Planning and Zoning Commission had recommended approval with a 6-0 vote. The Commission recommended to waive the requirement to cement the drainage area. There would be a dedicated drainage easement through which a 100 year storm would go through. The Commission also noted that there were no other drainage improvements in the channel anywhere in the area. Cott motioned, Biles seconded to approve the variance. On roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered a variance to Section 34-124 (g) (1) of the Code of Ordinances concerning easement requirements for drainage facilities for the final plat of the Muenks Addition. The subject property consisted of 2.171 acres and was in the Single Family 7 Conditioned (SF-7[c]) and Two Family Conditioned (2F[c]) zoning districts. Theproperty was located on the southwest corner of Hinkle Drive and Haggard Lane. (The Planning and Zoning Commission recommended denial 5-2.) Frank Robins, Director for Planning and Development, stated that this was a variance request to the requirement to dedicate the 100 year flood plain. The area was located across from Good Samaritan. This property was recently rezoned with Lots 1-4 being rezoned to duplex and one large lot in which there was room outside the floodway and flood plain to construct a house. The applicant did not want to dedicate the easement but would enable the City to improve or clean up the drainage channel if needed. The Commission felt that the development would generate enough run-off to warrant the dedication of an area which could not be used for development and therefore recommended denial of the variance. Council Member Brock stated that this was an area which could not be built on under any circumstances. Robbins reDlied correct. Mayor Pro Tem Biles stated that the Planning and Zoning Commission expressed concern that the City have access to the area for the purpose of cleaning out the area to facilitate drainage. Robbins stated that currently the City did not have access to the area which was why an easement was necessary. city of Denton City Council Minutes October 3, 1995 Page 7 447 Mayor Pro Tem Biles asked if FEMA changed the lines of the floodway, would the easement metes and bounds change. Robbins replied no but there was a system in place where property would be given back to the property owner. Brock motioned, Biles seconded to deny the variance as it was critical to clean out the area when necessary. On roll vote, Young "nay", Cott "nay", Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion tied with a 3-3 vote. Mayor Castleberry stated that the item would be placed on the next Council Agenda due to the tie vote. E. The Council considered a variance to Section 34-124 (f)(3) of the Subdivision and Land Development Regulations (drainage channel requirements), for Lot 1, Block 1 of the proposed cline Addition. The 20.0 acre tract was located on the north side of Milam Road, approximately 1771 feet east of Rector Road. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director for Planning and Development, stated that the standard in this proposal with this type of drainage improvement was that if the water could be handled in a 48" pipe then the water should be dealt with underground. The cost of that drainage would be approximately $130,000. Only one mobile home would be constructed on the site and it was felt that it was not reasonable to require the underground improvement. Brock motioned, Biles seconded to approve the variance. On roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Consent Agenda Brock motioned, Biles seconded to approve the Consent Agenda. On roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: Bid #1800 - Crack Sealing Program Bid #1796 - Chambers Street Drainage 6. Consent Agenda Ordinances Mayor Pro Tem Bile~ left th~ m~eting. The Council considered Consent Agenda ordinance 6.A. - 6.B. Brock motioned, Young seconded to adopt the Consent Agenda Ordinances 6A. 448 city of Denton City Council Minutes October 3, 1995 Page 8 - 6B. On roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 95-195 Bo 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. (5.A.1. - Bid #1800) NO. 95-196 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD FOR CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.2. - Bid #1796) 7. Ordinances A. The Council considered adoption of an ordinance providing for the indefinite closing of Lattimore Street from the east sid~I of North Ruddell Street east and north of the east/west portion of Lattimore Street (approximately 350 feet west of Pertain Street), (The Planning and Zoning Commission and the Traffic Safety Commission recommended approval. ) ~.~ Mayor Pro Tem Biles returned to the meeting. Rick Svehla, Deputy City Manager, stated that this request was initiated by the four landowners in the area. This street was not a well used street and the landowners were concerned about debris dumped in the area and individuals loitering in the area. Because of the narrow pavement travel was difficult in the area. The Planning and Zoning Commission and the Traffic Safety Commission recommend closing the street. Council Member Brock stated that a Fire Marshal memo gave tentative approval if the abandonment occurred west of the hydrant. Svehla replied that the hydrant wa~ on the northern end of that piece of road. Council Member Brock questioned EMS access if the abandoned roadway was used as a private drive with a gate. Svehla replied that both families indicated that they intended to leave the gate open and if it were closed, they understood that the City might have to use tools to cut the chain on the gate in an emergency. City of Denton City Council Minutes October 3, 1995 Page 9 449 The following ordinance was considered: NO. 95-197 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE INDEFINITE CLOSING OF LATTIMORE STREET FROM THE EAST SIDE OF NORTH RUDDELL STREET EAST AND NORTH TO THE EAST/WEST PORTION OF LATTIMORE STREET (APPROXIMATELY 350 FEET WEST OF PERTAIN STREET); AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Biles seconded to adopt the ordinance. On roll vote, Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye" and Mayor Castleberry "aye". Motion carried with a 5-1 vote. 8. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to execute Amendment No. 1 to the Public Transportation Contract with the Texas Department of Transportation for funding public transportation. Joseph Portugal, Assistant to the City Manager, stated that this was Amendment No. 1 to the contract executed during 1995 with the Texas Department of Transportation for the funding of public transportation services in Denton. The amendment extended the time line to purchase additional capital equipment with capital funding. Council Member Cott asked if there was any change from the Federal government. Portugal replied that there were no changes. The funding level might change but those appropriations had not been made as yet. Council Member Cott asked more detail regarding that issue. Portugal stated that Congress would appropriate the amount of funding which was available for all Section 9 operations. When that funding was appropriated, it would be determined how much the states would receive. Texas' percentage did not change as the Federal government's percentage and the State's percentage was a dual percentile with a local option. That local option allowed the City to participate in the grant process. The following resolution was considered: NO. R95-064 A RESOLUTION AUTHORI~IN~ TH~ CIT¥~4ANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. 450 City of Denton City Council Minutes October 3, 1995 Page 10 Biles motioned, Brock seconded to approve the resolution. On roll vote, 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 revising airport lease rates at the Denton Municipal Airport. (The Airport Advisory Board recommended approval.) Joseph Portugal, Assistant to the City Manager, stated that this resolution represented new lease rates for the Denton Municipal Airport. The previous rates were adopted in 1986 as part of the Airport Master Plan. It was felt that those rates might be prohibitive to future development at the Airport. The new rates were competitive with surrounding areas. The following resolution was considered: NO. R95-065 A RESOLUTION REVISING AIRPORT LEASE RATES AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution. On roll vote, Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye" and Mayor Castleberry "aye". Motion carried with a 5-1 vote. C. The Council considered approval of a resolution approving the sublease of Airport property by Fox-51 Limited to Excel Aviation, Inc. (The Airport Advisory Board recommended approval.) Joseph Portugal, Assistant to the City Manager, stated this resolution would approve a sublease from Fox-51 Limited to Excel for Hanger 5. Excel Aviation would use the hanger for aircraft sales, restoration and parts and components. The following resolution was considered: NO. R95-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE SUBLEASE OF AIRPORT PROPERTY BY FOX-51 LIMITED, TO EXCEL AVIATION INC.; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution. On roll vote, Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye" and Mayor Castleberry "aye". Motion carried with a 5-1 vote. D. The Council considered approval of a resolution approving the sublease of Airport property by Fox-51 to Children's Airlift City of Denton City Council Minutes October 3, 1995 Page 11 451 Command. (The Airport Advisory Board recommended approval.) Joseph Portugal, Assistant to the City Manager, stated that this was another standard sublease at the Denton Municipal Airport for Hanger 3. The following resolution was considered: NO. R95-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE SUBLEASE OF AIRPORT PROPERTY BY FOX-51 LIMITED, TO CHILDREN'S AIRLIFT COMMAND; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution. On roll vote, Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye" and Mayor Castleberry "aye". Motion carried with a 5-1 vote. 9. The Council considered a program for the update of the Denton Development Plan. (The Planning and zoning Commission recommended approval 6-0.) Frank Robbins, Director for Planning and Development, stated that the Planning and Zoning Commission had recommended that Council begin updating the Denton Development Plan. The policy in the plan stated that the Denton Development Plan should undergo a major update every 5-10 years. The elements of the program which the Commission recommended to Council were to (1) conduct a major update, and (2) appoint a policy committee to make recommendations to the Planning and Zoning Commission who would make recommendations to the City Council. The general make-up of the committee would be 5-17 members with a list of areas to be represented. If Council approved the program the appointment of members to the Committee would be on the Council's next agenda. The Committee could recommend amendments to the Plan in pieces without making a recommendation on the entire plan which would provide a clearer understanding of parts of the plan. The Planning and Zoning Commission addressed some of the major issues the Committee could consider such as revising the concept map, considering other Master Plan components, corridor studies, and analysis of development policies from the Vision project. Council Member Cott stated that it appeared that Vision was very important but had no budget. Vision had many people affecting the lives of citizens in Denton. He felt the City was at risk with the bond rates and at risk with the tax rate. He felt it was time to hea~ ~m the City Manage~, the May~, C~un~il Membe~ B~o~k and everyone else who was planning a shadow government with no money except for one which came from the City. 452 City of Denton City Council Minutes October 3, 1995 Page 12 Council Member Krueger felt that this was a good idea. However, last week Council heard a report that staff and citizens were overtaxed with committees. He felt it was necessary to prioritize the current committees at this point in time. He suggested considering the proposal in February after completing the CIP program. Robbins stated that staff discussed the issue of appointments and the number of individuals most recently appointed to the CIP Committee with the Commission and the fact that Council might want to appoint some of those same individuals to this committee. The Commission felt that it might take the Council a while to make those appointments and the Council should probably start on those appointments. The Planning Department had been anticipating the start of this project and was part of the department's budget proposal. Council Member Krueger stated that at the last meeting, staff indicated that it was not a good time to begin a racial diversity task force as staff was overtaxed at this tine. Robbins replied that it would be a different staff working on the Committee. Council Member Brock stated that the first planning group created the plan over a long period of time and involved many individuals. The Planning and Zoning Commission was recommending a smaller committee this time but the Planning Department would still be involved. Robbins replied that the Planning Department had programmed this project into the workload for next year. Council Member Brock expressed concern over a piecemeal approach to the amendments rather than the whole plan at once. She was concerned that if the project was done in pieces there would not be an overall plan and would not keep the community as a whole in mind. She asked if the Commission had considered that idea. Robbins stated that the thought was that over the period of a year, the whole plan would be looked at. Within that year the entire documen% would be finalized during times as appropriate. Council Member Brock asked if there would be a danger that an amendment might be made that later on would not be a part of the whole plan. Robbins stated that there were two issues from a planning process standpoint. One was the map and one was the policies. The policies would not be changed in one part of town and the map in another with a different set of policies. The policies would apply City of Denton City Council Minutes October 3, 1995 Page 15 455 representative. city Manager Harrell stated that in the past some jurisdictions had nominated the same person. When the city received its ballot there would only be one list of nominations. The city would then cast its 256 votes for one person or split it among several nominations. Mayor Castleberry indicated that the motion was to nominate two individuals, Mary Horn and Bill Giese. Council Member Brock seconded the motion. On roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye" and Mayor Castleberry "aye". Motion carried unanimously. 11. The Council held a public hearing and considered, deliberated and took action on the duties and evaluation of the Municipal Judge; considered, deliberated and took action on the resignation of the Municipal Judge. Mayor Castleberry stated that the Council held a public hearing two weeks ago on this item and a request was made by the City Attorney to the Municipal Judge on the manner in which she would like to have this item on the agenda. As there was no reply, the item remained a public hearing. The Mayor opened the public hearing. Mayor Castleberry stated that he had received a Speaker Card from Rae Gray and Johnny Hammons indicating support for Judge White. Joe Dodd felt that Judge White was one of the few accurately paid employees in the City. He felt that situation went wrong when the City acquired a new part-time judge who was hired at maximum salary which created an imbalance in the department. That was not because the part-time judge was white. It was because she was a friend of the Council. The problem was how Council paid City employees and there was a need to get on an equitable basis. Carl Williams stated that he had received several phone calls regarding this issue. He felt it was petty politics. A system had been developed where people perceived that they were being treated unfairly. He felt the City deserved better as did the Council and their constituents. Sometimes the good of the whole needed to be looked at rather than the good of self. Brock motioned, Biles seconded to accept the resignation of Judge White. On roll vote, Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye" and Mayor Ca~tl~berry "aye". Motion carried with a 5-1 vote. 456 City of Denton City Council Minutes October 3, 1995 Page 16 12. The Council discussed recruitment, employment, and appointment of a new Municipal Judge. Council Member Young stated that this issue was very important to the people in his district. The people in his district felt that Judge White had been discriminated against and disrespected. He was going back to his district to talk to the people and would tell the people where all the negative votes came from. They would exercise their constitutional rights against those people. This was a promise. Council Member Cott stated that this was not a racial vote but a managing vote. He had read in the paper that the Judge was going to resign and here were the reasons. The Judge never came to the Council but rather went to the newspaper. The Council spent hours trying to get her to understand that if there were 900 people in an organization, the Council could not have one of those people decide that in the middle of a contract which she signed, she could not have the Council change that contract. If that would have happened, every other city employee would have had the right to do the same thing. The Council was not a racial Council but rather a fair- thinking Council. Mayor Pro Tem Biles stated that he had a number of questions he felt could only be answered by the City Attorney in a Closed Session. He requested that prior to a public discussion of the recruitment, employment and appointment of a new Municipal Judge, that the Council go into Closed Session. Herb Prouty, City Attorney, stated that Council could go into Closed Session to discuss this item. Mayor Pro Tem Biles suggested that Council complete the rest of the agenda and then go into a Closed Session. Council Member Cott stated that he would not participate in any Closed Session on this subject in any way. 13. Vision Update Council Member Brock stated that the Vision project had a budget with each of ~even agencies paying similar amounts. Any of the recommendations out of the vision project had to be authorized through the process of the City Council. This was not a shadow government but rather a broad based citizen initiative. She urged everyone to attend the upcoming public presentations at the Campus Theater. Council Member Cott believed that Vision had been principally funded from the City. There had never been a budget presentation or a spending presentation to the City by Vision. There were 700- City of Denton City Council Minutes October 3, 1995 Page 13 453 across the City. Mayor Pro Tem Biles stated that the allocation of staff time which would be required for the proposal had~already been allocated in both the fiscal aspects by the adoption of the budget as well as the man hours. This was not the same as the issue from the last meeting and felt it was important to move forward on this project. A number of builders and property owners had expressed concern regarding the current plan. He suggested that the Council not move too fast with the appointments to such a committee and should allow Council time to find individuals to appoint to the Committee. Council Member Young stated that last week the Council voted to extend the racial diversity task force until January. For all the same reasons he felt that this proposal should be extended until the first meeting in February. The racial diversity task force was just as important as this. City Manager Harrell stated that one of the real concerns in this process was to make sure that there were enough citizens with volunteer time to work on the process. Council had indicated in the planning session that it anticipated doing the racial diversity task force and he had indicated that Council would be receiving a recommendation to begin the update of the Denton Development Plan. At that point he expressed concern to not go any further until some other projects were completed. Council Member Krueger stated that he had a problem with the backup for this item. At the last meeting there was back-up regarding the racial diversity task force which indicated $100,000 was needed and a large amount of staff time. At this meeting the backup indicated that the cost would only be $22,500. He felt that the numbers were not the same and questioned priorities. City Manager Harrell stated that the $100,000 included in-kind executive and management staff time for which compensation was already being paid. It was not the allocation of $100,000 of new money. The $22,000 was a specific line item for outside help for assistance on the project but did not include staff time. Council Member Krueger asked why that item was not in this agenda back-up. Why was it in the last back-up but not in this back-up. City Manager Harrell stated that the prior backup included specifics regarding executive staff time, clerical staff time and supplies needed. The report from this week was from a different department and was outlined differently. The department could outline the in-kind expenses needed fo~ this p~o~e~. Young motioned, Cott seconded to table this issue until a date certain of the first week in February. City of Denton City Council Minutes October 3, 1995 Page 14 Mayor Pro Tem Biles was not sure the item needed to be tabled until February even before any discussion had occurred. If it were considered as a work session item for more discussion in perhaps three weeks, there would be a better idea of what the Committee would be doing. If the item was tabled, the Council could not even discuss the project until the first week of February. He suggested that the Council not vote to table the item so that it could be discussed before February. Council Member Cott called the question. Motion died for lack of a second. On roll vote, Young "aye", Cott "aye", Krueger "nay", Brock "nay", Biles "nay" and Mayor Castleberry "aye". Motion failed with a 3-3 tie vote. Mayor Castleberry indicated that this item would be placed on the next agenda. 10. The Council received a report and gave staff direction regarding nomination(s) to the Board of Directors of the Denton Central Appraisal District. Jon Fortune, chief Finance officer, stated that the Board of Director positions for the Denton Central Appraisal District were up for re-election. The Denton ISD had nominated Bill Giese, the Town of Flower Mound and the Town of Trophy Club had nominated Paul Stone. Aubrey had nominated William Brady and E. T. Harmon. Aubrey ISD had nominated J. A. Hensely. This was a nomination process at this point in time and Council would be voting on the representatives in November. Council Member Cott asked what Denton County had done. Fortune stated that they were going to nominate Mary Horn and Paul Stone. Council Member Cott nominated Mary Horn. Mayor Pro Tem Biles asked if the City could have more than one nomination. Fortune stated that yes that the city could nominate up to five individuals. The City only had 256 votes and 1,000 votes were needed to be elected. Mayor Pro Tem Biles nominated Bill Giese. Fortune stated that several taxing jurisdictions could cast their support for a particular person by nominating them. In the past, the City had coordinated with the DISD so there would be a local City of Denton City Council Minutes October 3, 1995 Page 17 800 people who participated and 70,000 people in the City and those were who he was speaking for. city Manager Harrell stated that the total budget of $90,000 for the project had been presented to the Council. Of that $90,000, the Council had appropriated $50,000. That had financed all of the activities to date. There would be projects out of the Visioning process which would ultimately have to come back to Council if they were city projects and be approved by Council. Vision projects for the DISD, UNT and TWI3 would have to be approved by those organizations. 14. The Council considered appointments to the City's Boards and Commissions. Mayor Castleberry indicated that there were two nominations to consider. Council voted on Council Member Brock's nomination of Dick Waters to the Sign Board of Appeals. On roll vote, Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye" and Mayor Castleberry "aye". Motion carried with a 5-1 vote. Council voted on Council Member Cott's nomination of Francis Caster to the Downtown Advisory Board. On roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye" and Mayor Castleberry "aye". Motion carried unanimously. 15. The Council considered an appointment to the Lakes Safety Council. city Manager Harrell stated that the city had received a memorandum from Judge Moseley that the County was reactivating the Lakes Safety Task Force and asked for one council member to serve on this Task Force. Council Member Young nominated Council Member Krueger. On roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye" and Mayor Castleberry "aye". Motion carried unanimously. 16. Miscellaneous matters from the City Manager. A. Council received a report concerning the latest honorees added to the Wall of Honor. City Manager Harrell stated that the back-up included copies of letters received regarding exemplary service to citizens. In accordance with the program these letters would be placed in the front hallway. 457 458 city of Denton City Council Minutes October 3, 1995 Page 18 17. There was no official Action taken at this time on Closed Meeting Items. 18. New Business There were no items of New Business suggested by Council Members for future agendas. 19. Council continued discussion of the following items in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Co Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 Council Member Cott did not participate in the Closed Session and Council Member Young left the meeting during the Closed Session. Following the completion of the Closed Session the Council returned to Open Session and took the following action: Mayor Pro Tem Biles stated that as a result of the action that Council had taken in accepting Judge White's resignation which was tendered over a month ago, there was as of this moment a vacancy in the position of Municipal Judge. Given that there was that vacancy and there was no one to perform those duties, Council needed to ensure the smooth operation of the Municipal Court. He requested that Council take action to direct Mr. Klinck in the Human Resources Department to immediately contact Robin Ramsay, who was the associate Municipal Judge, to seek his availability and willingness to fulfill the interim capacity so that the court operations would continue. He also suggested Council direct Mr. Klinck to immediately begin a search for a new Municipal Judge employing all of the appropriate scope and resources of his department. Consensus of the Council was to agree with Mayor Pro Tem Biles' suggestions. Mayor Castleberry stated that the Council Subcommittee would handle this transition period. Mayor Pro Tem Biles stated that he would be willing to serve again as part of a subcommittee as he felt there were some issues to handle. Council Member Cott agreed. City of Denton City Council Minutes October 3, 1995 Page 19 Mayor Castleberry stated that the transition would be handled by the Subcommittee and it would keep the Council informed of all steps taken for a smooth transition. With no further business, the meeting was adjourned at 9:45 p.m. NNiF~ WALTERS TY SECRETARY CITY OF DENTON, TEXAS BOBCA~STLE~~ CITY OF DENTON, TE~ 459 ACC002Cl