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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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