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Minutes November 7, 1995 CITY OF DENTON CITY COUNCIL MINUTES ~ November 7, 1995 The Council convened into a Closed Meeting on Tuesday, November 7, 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 discussed the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T COiDE Sec. 551.071 1. Discussed and took action (in open session) on settlement and defense of contemplated litigation concerning the denial to rezone 3.753 acres from SF-7 to Office zoning on the south side of 1-35E and Lindsey Street. 2. Considered action in Levonitis v. City, et al. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 1. Held a discussion regarding the appointment of an interim City Manager and gave staff direction. The Council convened into a Regular Meeting on Tuesday, November 7, 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented the Yard of the Month Awards to: DFW Direct Inez Kelly Brandy and Tammy Stein Andries and Karen Sigtenhorst White Furniture Company - Downtown Business Award Mayor Castleberry presented a proclamation for Texas Recycle Day. 2. The Council considered approval of the minutes of August 1, 1995 and August 8, 1995. 18 City of Denton City Council Minutes November 7, 1995 Page 2 Young motioned, Cott seconded to approve the minutes as presented. On roll vote, Miller "aye", Young" " , Krueger aye , Cott "aye" "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Reports A. The Council received a citizen report from Dessie Goodson regarding various issues concerning the City. Ms. Goodson stated that her utilities were disconnected on October 4, 1995. She had followed the procedures which were agreed on and fifteen minutes after she returned home, her utilities were disconnected. She was arrested and taken to jail during that time. She was not allowed to make arrangements with the Utility Department to settle her account. She had started a petition against allowing individuals access to utility bills. People were saying they were working in her best interest, but she was the only one who knew her best interest. Her current bill was $65, but she could not understand why it would be that amount when she did not have utilities such as water and electricity. She was on a fixed income and could not afford to continue to waste money on food which spoiled when her utilities were disconnected. B. The Council received a citizen report from Bob Stermer regarding taxi cab service in the City. Mr. Stermer stated that there were might be another cab company coming to Denton. He felt that if the City could regulate how much a company could charge for taxi rates, the City would help the current companies. The City currently had four companies which was far more than enough. The City did not need another company coming into Denton. He suggested that the City regulate how many companies could operate in the City. He also knew that some companies took fares to the Airport. He was representing three of the current cab companies in Denton. He suggested allowing a flat rate for out-of-town fares such as to the DFW Airport as currently they were required to run the meter instead of having a flat rate. He felt this was important for the existing companies in order to thrive and improve. Mayor Castleberry asked staff to contact Mr. Stermer for more details on his proposal. 4. Citizen Requests A. The Council considered a request from Mark Knabe of 4K Productions for an exception to the noise ordinance Sunday, November 19, 1995 from 2:00 p.m. until 6:00 p.m. for the use of a public address system at the North Texas State Fair Grounds Rodeo Arena. City of Denton City Council Minutes November 7, 1995 Page 3 Veronica Rolen, Administrative Assistant, stated that Mark Knabe was requesting an exception to the noise ordinance on Sunday, November 19, 1995 for a bull riding event at the North Texas State Fair Grounds. Krueger motioned, Young seconded to approve the exception. On roll vote, Miller "aye", Young "aye", Cott "aye" , Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Cott left the meeting. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance to rezone 4.095 acres from the Light Industrial (LI) zoning district to the Single Family 7 (SF-7) zoning district on property located around the intersection of Kerley and Scott in the Willowcreek Addition. (The Planning and Zoning Commission recommended approval, 6-0.) Frank Robbins, Director for Planning and Development, stated that the Planning and Zoning Commission was petitioned to initiate a zoning case which it did approve. The property to rezone was around the intersection of Kerley and Scott Streets. There were a number of existing homes in the subdivision with the rest of the property currently vacant. The developer would like to build single family homes on the property if the property could be rezoned from light industrial. The proposal was in accordance with the Denton Development Plan policies and there was no opposition from area property owners. Council Member Cott returned to the meeting. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-212 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 (SF- 7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.095 ACRES OF LAND LOCATED IN THE WILLOWCREEK ADDITION ON THE 19 20 City of Denton City Council Minutes November 7, 1995 Page 4 NORTH SIDE OF KERLEY STREET NEAR ITS INTERSECTION WITH SCOTT STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; 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. Bo The Council held a public hearing and considered adoption of an ordinance to rezone 1.173 acres from the Agricultural (A) zoning district to the Single Family 7 (SF-7) zoning district on property located around the intersection of Windsor and Riney. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director for Planning and Development, stated that the zoning district the property was located within allowed for a one acre minimum lot size. This rezoning would allow single family development on lots no smaller than 7,000 square feet. The proposal was in accordance with the Denton Development intensity policy. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-213 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 (SF- 7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.173 ACRES OF LAND LOCATED ON THE NORTH SIDE OF WINDSOR DRIVE, AND THE EAST SIDE OF RINEY ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott 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. City of Denton City Council Minu~es November 7, 1995 Page 5 21 C. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit for Colonial Lodge of Denton. The 4.511 acre site was located on the east side of Bernard Street, approximately 750 feet south of Collins. (The Planning and Zoning Commission recommended approval, 7-0.) Frank Robbins, Director for Planning and Development, stated that this was a site plan which went with a specific use permit. The property was zoned SF-7 and a home for the aged. would be built on the property. The Planning and Zoning Commission felt that all criteria had been met and recommended approval. There was one letter in opposition from an adjoining neighbor. The Mayor opened the public hearing. Charles Daniels stated that there was a need for this type of service in Denton. The proposal was for a sixty-two unit which would provide full services for those in residence. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-214 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT ALLOWING THE OPERATION OF A RETIREMENT CENTER ON A 4.511 ACRE TRACT OF LAND LOCATED ON THE EAST SIDE OF BERNARD STREET, APPROXIMATELY 750 FEET SOUTH OF COLLINS ROAD; PROVIDING FOR A PENALTY IN THE MAXI~JMAMOUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Biles seconded to adopt the ordinance. Council Member Cott stated that this was a whole new category of building in the City. He did not feel that the building and what it did and what it might do to the surroundin9' homes in the area was fully understood. He suggested this should be discussed with the Council regarding the proposal. On roll vote to adopt the ordinance, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 6. The Council received a report and considered approval of an annexation schedule with regard to the proposed annexation and zoning of (1) an 11.~4 a~ t~a~t loeatad aa~t of Mayhill Road and north of Blagg Road, (2) a 21.62 acre tract described as Forrestridge Section II and (3) a 34.78 acre tract located in the clear zone south of the existing runway, in the vicinity of the City of Denton City Council Minutes November 7, 1995 Page 6 Denton Municipal Airport. (A-69, A-70, and A-71) (The Planning and zoning Commission recommended approval of A-69-) Harry Persuad, Senior Planner, stated that there were three tracts of land proposed for annexation in the future. The first tract was located east of Mayhill Road and north of Blagg Road. Several weeks ago, Council approved several variances for the Rife Addition which was the site of the Sally Beauty Supply Warehouse/Office facility. The Subdivision Regulations required staff to do an assessment when significant developments were occurring or proposed within areas of the extraterritorial jurisdiction. An analysis of this site indicated that development on this site currently was receiving city services in the area. The existing value of the property totalled $1.2 million and taxes were approximately $6,500 per year. Part of the study sent notification to all property owners in the area of the proposed annexation as well as notice of this meeting. The second tract proposed for annexation was in Forrestridge Section II with 21.62 acres. The owners of the property had petitioned the City for annexation. The third tract was located in the clear zone south of the existing runway of the Denton Municipal Airport which was an area owned by the City. Council Member Cott felt that the first annexation was not a zoning issue but an economic development retention issue as it was the site of the Sally Beauty Supply station. Council Member Miller stated that the Planning and Zoning Commission had recommended one annexation and would be considering the others at a later date. He asked if the Council could proceed without the Planning and Zoning Commission's recommendation. Persuad stated that the first annexation was triggered by the Rife Addition and was routed to the Planning and Zoning Commission for feedback prior to Council consideration. The formal procedures for the other two annexations did not require staff to go to the Planning and Zoning Commission. Since Mayhill Road was triggered by development, it went to the Planning and zoning Commission first. Mayor Castleberry stated that the warehouse facility was the same property which recently was before the Council. The property was b~ing l~a~d by ~all¥ but was not owned by Sally. Persuad replied correct. City Manager Harrell stated that starting of the annexation process, and even the ultimate annexation of the property, would not affect th~ current use of the building. Council Member Young asked about water and sewer services in the area. City of Denton City Council Minutes November 7, 1995 Page 7 Persuad stated that water and sewer were existing off the site. The existing water and wastewater lines were located on the northwest corner of Mayhill Road and University Drive. There was a lift station on the northwest corner of Audra Lane and Mayhill Road. Council Member Young asked if water and sewer services would be provided to them. Persuad replied that the City's policy required that the landowner or developer provide the water and wastewater lines. There was the possibility of providing the lines through the CIP projects. City Manager Harrell stated that when the City ultimately annexed property, it was required to make available the same level of City service as was provided to others in the community. The policy stated that if an individual did not have water and sewer service in front of his property, the City made available the ability to extend the lines at the property owner's expense. Council Member Young expressed a problem with that policy. If the City annexed property it should provide all of the services and provide water up to their line. Persuad stated that State law dealt with comparable level of service. The City could not expend large sums of money to sparsely populated areas. Miller motioned, Biles seconded to adopt the annexation schedule. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 7. The Council considered variances to Section 34-114 (5) and (17) of the Subdivision and Land Development Regulations (perimeter street paving and sidewalk requirements), for Lots 1 and 2, Block A of the Batey Addition. The 6.003 acre tract was located on the north side of Blagg Road, approximately 1,200 feet east of Mayhill Road. (The Planning and Zoning Commission recommended approval of both requests, 7-0.) Frank Robbins, Director for Planning and Development, stated that this was an exaction variance that the Council could approve if it found that the imposition of the exaction pursuant to the City's regulations exceeded any reasonable benefit to the property owners or was so excessive as to constitute confiscation of the tract which would be platted. These variances dealt with the paving of Blagg Road and building sidewalks along Blagg ]toad. The Planning and Zoning Commission recommended approval of both variances and had reviewed several options associated with the variances. One option was payment of a fee equal to the cost of the construction to the City in lieu of construction. The cost of the perimeter City of Denton City Council Minutes November 7, 1995 Page 8 street was $7,250 and $11,050 for the sidewalk. Another option dealt with a situation when the property was subdivided without platting. In that situation the option was to require the developer of the property to pay for the improvement when the rest of his property developed at a later date. Brock motioned, Biles seconded to grant the variances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Pro Tem Biles left the meeting. 8. Consent Agenda Council Member Cott asked that Bid #1794 and P.O. #60409 be pulled for discussion. Bob Nelson, Executive Director for Utilities, stated that Bid #1794 was for a composting facility which was composed of a cover for the compost and a concrete floor. When the compost became wet, the decomposition process stopped and the process had to be restarted, A cover and base were needed to continue the composting operation. Council Member Cott asked if there was a charge for this process. Nelson replied not at this time. The City had received a permit several months ago and was trying to market the product. Mayor Pro Tem Biles returned to the meeting. Tom Klinck, Director for Human Resources, presented information regarding P.O. #60409. This purchase order would continue funding for a program started in 1994. The Executive Staff participated in a program based on Stephen Covey's Seven Habits of Hiqhl¥ Effective People. This past year three trainers were certified to help deliver the program to all employees. It was felt that this would help increase the City's ability to deliver quality services to the citizens of Denton. The purchase order authorized the purchase of materials for 80 managers and 120 employees for this next year. Brock motioned, Biles seconded to approve the Consent Agenda as presented. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: Bid #1805 - Cement, Lime, Aggregate Bid #1794 - Composting Facilities P.O. #60409 - Covey Leadership Center City of Denton City Council Minutes November 7, 1995 Page 9 25 P.O. #60838 - Siemens Power Corporation P.O. #60839 - General Electric Company Bo Payments Upper Trinity Regional Water District Texas Natural Resources Conservation Commission American Public Power Association Co Professional 1. Corgan Associates - Architect'ural renovation of Municipal Building services for Do Interlocal Agreements 2. 3. 4. 5. P.O. #60424 - Houston-Galveston Area Council City of Roanoke - Disposition of Dogs and Cats Denton County - Disposition of Dogs and Cats Denton County - Library Services Texas Department of Transportation 9. Consent Agenda Ordinances Council Member Young left the meeting. The Council considered Consent Agenda Ordinances 9.A. - 9.M. Miller motioned, Brock seconded to adopt the Consent Agenda Ordinances 9.A. - 9.M. On roll vote, Miller "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye" Motion carried unanimously. A. NO. 95-215 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF F£~DS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (8.A.1. - Bid #1805) B. NO. 95-216 AN ORDINANCE ACCEPTING COMPETITIVE BIDS A~ PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (8°A.2. - Bid #1794) C. NO. 95-217 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES City of Denton City Council Minutes November 7, 1995 Page 10 IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (8.A.3. P.O. #60409) D. NO. 95-218 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. (8.A.4. - P.O. #60838, 8.A.5. - P.O. #60839) E. NO. 95-219 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ADMINISTRATION AND PROJECT FEES AS PER CONTRACT AGREEMENT WITH UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE DATE. (8.B.1.) F. NO. 95-220 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE FOURTH QUARTER PAYMENT BY THE CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING ANEFFECTIVE DATE. (8.B.2.) G. NO. 95-221 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS FOR ANNUAL DUES FOR MEMBERSHIP BY THE CITY OF DENTON IN AMERICAN PUBIC POWER ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. (8.B.3.) H. NO. 95-222 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CORGAN ASSOCIATES INC. FOR ARCHITECTURAL SERVICES FOR RENOVATION OF THE MUNICIPAL BUILDING FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (8.c.1.) I. NO. 95-223 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENT FOR PURCHASE OF VARIOUS GOODS AND SERVICES BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (8.D.1. - P.O. #60424) City of Denton City Council Minutes November 7, 1995 Page 11 j. NO. 95-224 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (8.D.2.) K. NO. 95-225 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (8.D.3.) L. NO. 95-226 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY (DF DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. (8.D.4.) M. NO. 95-227 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN' THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF THE DENTON BRANCH RAIL/TRAIL PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (8.D.5.) 10. Ordinances A. The Council considered adoption of an ordinance authorizing the Mayor to enter into interlocal agreements for Lake Safety Task Force and Law Enforcement at Lake Ray Roberts and Lake Lewisville with Denton County, the Corps of Engineers and various other municipalities and governmental agencies in the North Texas area. City Manager Harrell stated that Council had previously discussed this proposed agreement and by motion authorized staff to proceed. Denton County had returned a formal agreement which was ready for Council approval. Council Member Brock asked if, in conjunction with the Lake Safety Task Force, additional police officers would have to be provided. City Manager Harrell stated that Lewisville's position was that they would approve the concept but would make no financial City of Denton City Council Minutes November 7, 1995 Page 12 commitments to provide additional police protection. Council had had a similar sentiment. City Attorney Prouty stated that there was a provision that, if Council felt financial demands were being made, the agreement could be canceled by giving a 90-day notice. Council Member Cott asked about the City's financial obligation if someone were hurt or killed on the water. Council Member Young returned to the meeting. City Attorney Prouty stated that the City was assuming some additional risk. The coordination would be through the Denton County Sheriff's Office which would have the most risk. Council Member Cott stated that the City could limit the risk before anything was done. City Attorney Prouty stated that the City did not have to supply any personnel for the task force. Council Member Cott stated that if the City did nothing but agreed to the contract and someone was killed, what would be the City's risk. City Attorney Prouty stated that there was a minimal risk for anyone agreeing to the contract. If someone were hurt, he could sue anyone he felt was involved. That would be a hard case for someone to prove when all the City would have done was sign the agreement. The following ordinance was considered: NO. 95-228 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO INTERLOCAL AGREEMENTS FOR LAKE SAFETY TASK FORCE AND LAW ENFORCEMENT AT LAKE RAY ROBERTS AND LAKE LEWISVILLE WITH DENTON COUNTY, THE CORPS OF ENGINEERS, AND VARIOUS OTHER MUNICIPALITIES AND GOVERNMENTAL AGENCIES IN THE NORTH TEXAS AREA; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. .. B. The Council considered adoption of an ordinance providing for the renaming of Payne Drive to Windsor Drive. (The Planning and City of Denton City Councii Min~e~"' ~ ~ November 7, 1995 Page 13 zoning Commission and Historic Landmark Commission recommended approval.) Frank Robbins, Director for Planning and Development, stated that this ordinance would rename Payne to Windsor where Windsor crossed Bonnie Brae. Staff had spoken with the Payne family who was not opposed to the name change although they were not in particular agreement with the change. Mayor Castleberry asked which members of the Payne family had been contacted. Robbins replied he was not sure. Council Member Brock stated that the back-up indicated there had been some discussion with Rollin Payne who was the son of the original owner of the property. Mayor Castleberry stated that there were other members of the family who needed to be contacted - some of whom lived in Denton. Mayor Pro Tem Biles felt that there continued to be a loss of a part of the history of Denton when this was done. There also was a situation where changing the name of a portion of this road would provide a greater economy and efficiency. He asked if there was a way the next street in the area could be named Payne to preserve the name in the area. Robbins stated that it was probably something which could be done. Mayor Pro Tem Biles asked if it could be incorporated into this ordinance. Robbins replied that that was probably a legal issue and if it was the Council's desire, could be investigated. Mayor Pro Tem Biles stated that he was trying to preserve the history of this area of land and the Payne name. On the other hand, he was inclined to go along with the change. To preserve a bit of history he asked if there was a way the Council could adopt an ordinance which would in some way ensure that. a future street in the area would be named Payne. City Attorney Prouty stated that the problem was that any Council had a right to change any ordinance. The Council could express in the ordinance its desire that a future street be named after the Payne family but could not commit a future Council to do so. Jane Jenkins, Historic Preservation Officer, stated that when this issue was presented to the Historic Landmark Commission, the Payne family still owned some of the land in the area and could request 29¸ 30 City of Denton City Council Minutes November 7, 1995 Page 14 when the land was developed to have another street designated as Payne Drive. Mayor Castleberry suggested postponing the issue in order to discuss the proposal with other Payne family members. Council Member Young stated that the Payne family were civic-minded people and the street was named to honor those people for what they did for Denton. The street name should stay the same and retain the history of the area. Young motioned, Cott seconded to disapprove the request to change the name of Payne Drive. Council Member Krueger asked for the reason for the proposed change. Robbins stated that the Subdivision and Land Development regulations indicated that streets in alignment should be given the same name. People not familiar with Denton driving on Windsor got confused when they crossed Bonnie Brae and the street was then Payne Drive. Council Member Krueger stated that there were other streets in Denton with the same situation such as Fort Worth Drive and Carroll Blvd. He felt that the item should be postponed in order to talk with the Payne family. Council Member Miller felt that there would be other opportunities to name a Payne Drive. As that Drive was continued on to the 1-35 frontage road, it would be confusing to change from Payne to Windsor on the same street. Fort Worth Drive could not be changed now as there were residents and businesses with address on that street. The Council had an opportunity to change the name of the street and not be disruptive to residents. He supported the idea to postpone the issue to talk with the Payne family but felt that the Council had an opportunity to correct a problem. Council Member Brock stated that in the past there was not much confusion as Payne was not an improved street. Now that Payne was improved to City standards and there was no longer a break in the road, the confusion was evident. Windsor was planned for years to be the main through road to the 1-35 service road. The Payne family still owned land in the area and could rename a street in the area when that property was developed. Council Member Young stated that there were many streets like this in the City and the change to Payne should not be done. Mayor Pro Tem Biles agreed that ultimately it would be the right move to change the street name to Windsor when this stretch of road City of Denton City Council Minutes November 7, 1995 Page 15 31 developed to the Interstate. Windsor would be one of the few streets in Denton which would have the same name all across the City. He suggested amending the motion to table the issue until staff had a chance to visit with the Payne family. He would vote against motion now as he did not want to drop the issue completely at this point in time. Council Member Young stated that he would not change his motion. Council Member Brock stated that the difference between this issue and other streets with multiple names was the fact that the other streets had residents and businesses on them. There were no addresses on Payne as there would be with other streets to change. Mayor Castleberry agreed that the issue should be put to rest and not considered any further. On roll vote to not change the street name, Miller "nay", Young "aye", Cott "aye", Krueger "nay", Brock "nay"~, Biles "nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote. Biles motioned, Krueger seconded to postpone the issue until the next regular Council meeting and in the interim staff and Council would contact the Payne family to seek assurances in one form or another to change the name of the street. 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 adoption of an ordinance reducing the maximum prima facie speed limit for a portion of Oakland Street from its intersection with Texas Street to its intersection with Locust Street from 30 miles per hour to 20 miles per hour. (The Traffic Safety Commission recommended approval.) Council Member Cott left the meeting. Rick Svehla, Deputy City Manager, stated that the Traffic Safety Commission had reviewed the request in August and recommended that Council approve the proposal. Brock motioned to adopt the ordinance. Mayor Castleberry asked if Council Member Brock would have a conflict of interest with this proposal as she was an employee of TWU. City Attorney Prouty stated that there would be no conflict as there would be no financial benefit. Mayor Pro Tem Biles seconded the motion. City of Denton City Council Minutes November 7, 1995 Page 16 Council Member Cott returned to the meeting. The following ordinance was considered: NO. 95-229 AN ORDINANCE REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR A PORTION OF OAKLAND STREET FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOUR; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. 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 no parking on the east side of Locust Street between Oakland and University Drive. (The Traffic Safety Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this was a request of TWI3 for property it owned along Locust. The request was to prohibit parking on this side of the street due to heavy traffic on Locust. Mayor Pro Tem Biles stated that there were residences on the west side of Locust. There currently was no parking on the west side of the street and if the parking were taken away on the right side of the street, there would be no parking for all of the residences on either side of the street. He asked if this was the only course of action to take. Could parking be eliminated on a portion of Locust so as to be a least restrictive position to solve the safety issue. Svehla replied that Council had the authority to change the distance. It was unusual to receive a request for such a long expanse of road. Normally such a request was granted if the land owners had made the request. There might be a parking problem with the residents if they were to have a gathering at their home. Council Member Miller asked if there was parking on the west side of Locust. He felt that currently there was parking on both sides of the street. Mayor Pro Tem Biles stated that the parking was eliminated going south from University. Council decided to postponed the issue until after a break to allow someone to verify whether parking was allowed on both sides of the street. City of Denton City Council'Minu~e~ ~ ~ ~ November 7, 1995 Page 17 City Attorney Prouty stated that a portion of the street could be designated as no parking with an exhibit attached to the ordinance indicating where the parking would be prohibited. E. The Council considered adoption of an ordinance approving no parking on the south side of Londonderry Street between Teasley Lane and Hollyhilt Lane. (The Traffic Safety Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that the Traffic Safety Commission had also approved this proposal. This portion of Londonderry had already been signed for no parking but there was no ordinance approving such. Council Member Young left the meeting. Leif Larson stated that he lived in the area. He presented pictures to the Council of the area which showed that there was adequate traffic flow in the area with parking on both sides of the street. There was a need for extra parking in his apartment complex plus there was a safety factor of having to walk a long distance to where parking was allowed. He asked that Council not approve this ordinance and take down the signs already up in the area. Council Member Young returned to the meeting. Council Member Miller motioned to approve the ordinance. Motion died for lack of a second. Council Member Krueger asked if the Traffic Safety Commission gave a reason for approval of this proposal. The signs were already there for no parking but there was no ordinance to back up the signage. Svehla replied correct plus it would allow for better movement of the traffic. Council Member Krueger understood the need for no parking near Teasley Lane but not near the apartments. He asked if it was ever considered to not do the entire street. Svehla stated that Hollyhill was also discussed but he was not aware of any discussion about removing the no parking on this portion of Londonderry. The following ordinance was considered: 33r City of Denton City Council Minutes November 7, 1995 Page 18 NO. 95-231 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF LONDONDERRY STREET; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Krueger motioned, Cott seconded to not adopt the ordinance. Council Member Brock asked if there were sidewalks on both sides of Londonderry Larson replied that there were no sidewalks in the area. Don White stated that he owned property on the north side of Londonderry. There was a tremendous amount of traffic on Londonderry especially on the weekends. He felt it might aggravate the situation if parking was eliminated in the area as there was limited parking in the apartments in the area. Council might consider lowering the speed limit in the area as traffic travelled very fast in the area. Mayor Pro Tem Biles asked if, on the south side of Londonderry from Camden Court west, there would be an enhancement in traffic safety if there were no parking in that particular section. White replied that those were townhomes in that area as opposed to apartments. It appeared that there was adequate parking in the area as the townhomes did not require as much parking. Mayor Pro Tem Biles asked if there was commercial property on the north side of Londonderry near Teasley. White replied that Kingswood was commercial. The parking problem developed when the certificate of occupancy was given as parking was based on two cars for each apartment. With the economic times such as they were in the late 1980 and early 1990, three and four people were in the apartments resulting in four cars as opposed to the planned two vehicles. Council Member Cott suggested other possibilities such as asking if PACAR might be willing to sell parking spaces at night for parking. He recommended further discussion on the issue. White stated that from a safety standpoint there should be no parking on ~ith~r side of Londonderry until past the townhouses. Mayor Pro Tem Biles felt there was less of a congestion problem and parking need from Camden Court west to Teasleyo He motioned to City of Denton City Council Minutes November 7, 1995 Page 19 adopt an ordinance for no parking on the south side of Londonderry from Camden Court west to Teasley Lane. Mayor Castleberry stated that there already was a motion to not adopt the ordinance on the table. Council Member Krueger stated that he would accept an amendment to his motion per Mayor Pro Tem Biles' suggestion. Council Member Cott stated that he would not accept an amendment to his second. Council Member Krueger withdrew motion. Biles motioned, Krueger seconded to adopt an ordinance prohibiting parking on the south side of Londonderry from Camden Court west to Teasley but to allow parking from Camden Court east to Hollyhill. Mayor Castleberry stated that there was an earlier consideration about no parking on the north side of Londonderry. Svehla replied that it was already marked that way. City Manager Harrell stated that the situation now was that all of the area was signed for no parking but was not backed up by an ordinance. Currently there was no parking on that stretch of street. By Council's action, if this motion was adopted, staff would remove all of the no parking signs from Camden Court back to Hollyhill which would allow parking in that area. Currently there was no parking in the area. On roll vote, Miller "nay", Young "nay", Cott "nay", Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion failed with. a 3-4 vote. Brock motioned, Miller seconded to follow the recommendation of the Traffic Safety Commission. On roll vote, Miller "aye", Young "nay" Brock "aye", Biles "nay", and Mayor failed with a 3-4 vote. , Cott "nay" Castleberry , Krueger "nay", "aye". Motion Svehla stated that another option was to remove the signs and there would be parking allowed in the area. Krueger motioned, Biles seconded to have no parking on the south side from Teasley to the Westminster intersection. From Westminster to Hollyhill would allow parking. On roll vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion City of Denton City Council Minutes November 7, 1995 Page 20 carried with a 4-3 vote. Council returned to Item 10D. D. The Council considered adoption of an ordinance approving no parking on the east side of Locust Street between Oakland and University Drive. (The Traffic Safety Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that staff had verified that there was no parking on the west side of Locust and no parking several hundred feet south on the east side due to the right turn lane. Biles motioned, Young seconded to restrict parking on the east side of Locust Street between 8:00 a.m. and 6:00 p.m. Monday through Friday. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. F. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment No. 1 to the agreement between the City and HOPE, Inc. dated November 15, 1994 to allow for additional time for expenditure of funds. City Manager Harrell stated that this ordinance would extend the time period for expenditure of funds as Council had seen in the past. The following ordinance was considered: NO. 95-232 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE INC., DATED NOVEMBER 15, 1994 TO ALLOW FOR ADDITION~J~ 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", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. G. The Council considered adoption of an ordinance approving and authorizing the City Manager to execute a compromise settlement agreement in the matter of Sor, et al v. City of Denton, Texas. The following ordinance was considered: City of Denton City Council Minutes November 7, 1995 Page 21 37 NO. 95-233 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN THE MATTER OF SOR, ET AL. V. CITY OF DENTON TEXAS; AND DECLARING AN EFFECTIVE DATE. City Attorney Prouty stated that this ordinance would settle a suit involving a City ambulance rear ending another car with four individuals and a minor in the vehicle. The settlement would authorize the payment of $40,000 and receive a complete release of all claims. The settlement would not be effective until December 1st, as there was a minor involved and the Court, on December 1st, would make a decision as to whether or not 'the settlement was acceptable. Biles motioned, Brock seconded to adopt the ordinance subject to approval by the Court. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance approving the release of various paving liens assessed against homesteads by Ordinance Nos. 69-30, 75-45, 76-1, and 76-27; and authorizing the Mayor to execute said releases. City Attorney Prouty stated that this was the second phase of releases of various paving liens. The criteria for releasing the liens was that at the time the liens were established, the property was a homestead and there were no mechanic's lien contracts on the property. There were 204 unpaid liens in this phase with 71 of the liens being homesteads. He recommended Council forgive the liens with the same process as was done previously. Letters would be sent out notifying the property owners that the liens were forgiven and would continue to pursue the personal liability of the original owners of the property for the amount. That would be followed with a second letter with an affidavit process to prove that the property was a homestead at the time of the lien. The following ordinance was considered: NO. 95-234 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE RELEASE OF VARIOUS PAVING LIENS ASSESSED AGAINST HOMESTEADS BY ORDINANCE NOS. 69-30, 75-45, 76-1, AND 76-27; AUTHORIZING THE MAYOR TO EXECUTE SAID RELEASES; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Krueger seconded to adopt the ordinance. 38¸ City of Denton City Council Minutes November 7, 1995 Page 22 Council Member Cott asked if anyone was collecting any money. City Attorney Prouty stated that at this time there was not. It was found with the first set of liens, that several of the people who had homesteads at the time the lien was assessed and were released because there were no mechanical liens, were the original owners. Although the liens were released, the individuals were still responsible for the personal debt. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. Resolutions A. The Council considered approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District. Jon Fortune, Chief Finance Officer, stated that at the October 3rd Council meeting, Mary Horn and Bill Giese were nominated as candidates to serve on the Appraisal District's Board of Directors. In addition to the City of Denton's nominations, the Appraisal District received 10 other nominations. The following resolution was considered: NO. R95-073 A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Krueger seconded to cast 94 votes for Bill Giese and 162 votes for Mary Horn. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council considered approval of a resolution appointing members to the Board of Directors of the North Texas Higher Education Authority, Inc. Kathy DuBose, Executive Director for Finance, stated that this resolution was for three appointments to the Board of Directors of the North Texas Higher Education Authority. The Board had nominated the three incumbents and each had expressed a willingness to serve another term. The following resolution was considered: City of Denton City Council Minutes November 7, 1995 Page 23 NO. R95-074 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Krueger seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. C. The Council considered approval of a resolution establishing a Development Policy Committee to make recommendations concerning the update of the Denton Development Plan; appointing members to that committee; appointing a chairperson of the committee; and setting forth the duties and term of the committee. Frank Robbins, Director for Planning and Development, stated that on October 17th Council approved the Planning and zoning Commission's recommendation for the program which would update the Denton Development Plan. The next step in the program would be to appoint an advisory committee. Council Member Young questioned whether there was enough money for this committee and enough volunteers for this committee. Robbins replied that there was. Council Member Young stated that there was not enough for a racial diversity task force but there was for this committee. Mayor Castleberry stated that this was a budgeted item. Council Member Young asked about volunteers. Robbins stated that that was an issue for Council to decide. Council Member Brock stated that Council had not decided on how many people would be on the committee or how they would be selected. The prior committee was much larger and several of the entities selected their own representatives. She felt there were many unresolved issues at this time. Brock motioned, Krueger seconded to place this item on the next work session to deal with some of the outstanding issues and to then deal with the appointment process. 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. 39 40' City of Denton City Council Minutes November 7, 1995 Page 24 D. The Council considered approval of a resolution recommending that the Denton Main Street Program be entered into the Great American Main Street Awards. Julie Glover, Denton Main Street, stated that this was the second year the City entered this contest. Last year over 450 cities applied with 50 honorable mentions of which only two were Texas cities. Denton was one of those chosen. The grand prize for this award was $50,000. The following resolution was considered: NO. R95-075 A RESOLUTION RECOMMENDING THAT THE DENTON MAIN STREET PROGRAM BE ENTERED INTO T~E GREAT AMERICAN MAIN STREET AWARDS; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to approve the resolution. 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. 12. The Council received a report, held a discussion and gave staff direction regarding Willowwood sidewalk easement acquisition. Mayor Pro Tem Biles left the meeting. Rick Svehla, Deputy City Manager, stated that staff had been working with the Willowwood neighborhood regarding this project. Initially the discussion centered on using an alignment which was on the south side of the street. After visiting with landowners in the area and after holding several more neighborhood meetings, it was decided to move the project to the north side of the street. Staff had been working with the neighbors on the north side of the street to determine the best location of the sidewalk. Some easements would be required due to drainage structures and in order to work around areas where there were substantial trees and vegetation. Staff was recommending that easements be obtained at 1522, 1520, and 1516, and 1808 Willowwood. Staff was also recommending to not obtain easements at 1414 and 1816 McCormick. There was a disagreement between the two neighbors in this area as to whether a large cottonwood tree would be saved. If the staff's recommendation was followed, the tree would not be saved and the sidewalk would go behind the curb in that location. Council Member Miller asked if an agreement had been reached with the landowners where the City was proposing to provide for easements. Council Member Young left the meeting. City of Denton City Council Minutes November 7, 1995 Page 25 Svehla replied that there was some indication from a couple of the landowners that they wanted specific items such as guarantees on liability which staff could not recommend. Normally a standard easement was obtained. The City would not be responsible for something left on the sidewalk by the landowner but would be liable for its construction work. 41 Council Member Miller felt that there was a need for the sidewalk in this area. Not everyone might be happy with the proposal but he felt that it was the best solution for the area. Council Member Brock asked when Willowwood was eventually rebuilt and made into a standard City street, would the sidewalk be built in such a way to be incorporated into a regular street or would it have to be destroyed in the process. Svehla stated that there would be an attempt to save as much of the sidewalk as possible depending on the alignment of the road and where easements and right-of-way could be obtained. Mayor Pro Tem Biles returned to the meeting. Svehla stated that some portions of the street would not be affected where there currently was curb and gutter. Council Member Young returned to the meeting. Miller motioned, Brock seconded to proceed as developed by staff. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye" Motion carried unanimously. 13. The Council received a report, held a discussion and gave staff direction regarding the election process for the CIP election. Jennifer Walters, City Secretary, stated that direction was needed from the Council on whether to have four polling places or one polling place. For the 1986 bond election, one polling site was used at the Civic Center while for the sales tax election, four polling sites were used. Brock motioned, Young seconded to use the four polling places normally used by the City. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye" Motion carried unanimously. 14. The Council received a report, held a discussion and gave staff direction regarding a nomination to the Denton County Housing Finance Corporation due to the resignation of the City Manager. City of Denton City Council Minutes November 7, 1995 Page 26 City Manager Harrell stated that the Denton County Housing Finance Corporation was an eleven member body formally appointed by the Commissioners Court with six representatives from the County and five from the City of Denton. The tradition had been that the City Council would recommend to the County Commissioners the five Denton representatives to serve and then those individuals would be formally appointed by the Commissioners Court. He was one of the five Denton representatives with a term to expire on January 1, 2001. Mayor Pro Tem Biles asked if the City Manager had any suggestions for a replacement. City Manager Harrell stated that one of the requirements of the Board was that they had to appoint an investment officer and under the new State law, there were certain training programs which had to be completed. He recommended Kathy DuBose to fill the position. Council Member Young nominated Jerry Cott. Council Member Miller nominated Kathy DuBose. Council Member Cott nominated Joanna Deonath. On roll vote for Jerry Cott, Miller "nay", Young "aye", Cott "aye", Krueger "nay", Brock "nay", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 2-5 vote. On roll vote for Kathy DuBose, Miller "aye", Young "nay" , Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. On roll vote for Joanne Deonath, Miller "nay", Young "nay", Cott "aye", Krueger "nay", Brock "nay", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 1-6 vote. 15. The Council considered nominations/appointments to the City's Boards and Commissions. Mayor Castleberry indicated that Perry McNeil had been nominated at a previous meeting to the Electrical Code Board. On roll vote, Miller "aye". Young "nay", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5- 2 vote. 16. The Council received an update from the Acting Chief Municipal Judge regarding Municipal Court. This item was pulled from consideration. City of Denton City Council Minutes November 7, 1995 Page 27 17. Vision Update Council Member Brock stated that the Action Teams had recently made presentations. Staff was in the process of taking the recommendations from the Action Teams and creating a time line for initiatives for the City's responsibilities as well as the responsibilities for the other agencies. The next Cabinet meeting would look at that time line and specific plans for those recommendations. Any recommendations which required City funds would be presented to Council for approval. 18. Miscellaneous matters from the City Manager. City Manager Harrell did not have any items for the Council. 19. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments This item was considered later in the meeting. 20. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young requested a work session item regarding the day laborer situation. B. Council Member Young requested more information be presented to viewers when the Council was in Closed Session or on break. 21. Council continued in Closed Meeting to discuss the following: 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 Following the completion of the Closed Meeting, the Council convened into open session and took the following action: Biles motioned, Young seconded to appoint Rick Svehla as Acting City Manager effective November 23rd to serve in that capacity until a new City Manager was hired. The compensation for Mr. 43 City of Denton City Council Minutes November 7, 1995 Page 28 Svehla during that period of time would be increased by a dollar value equal to 10% of his current salary. That said increased compensation would be paid in the form of accrued vacation with the additionally accruing vacation to be payable after the new permanent City Manager was hired. 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 10:25 p.m. Tf~ER/WALTERS SECRETARY OF DENTON, TEXAS ACC002CD CITY OF DENTON, T~S~