Loading...
Minutes January 16, 1996CITY OF DENTON CITY COUNCIL MINUTES January 16, 1996 The Council convened into a Closed Meeting on Tuesday, January 16, 1996 at 5:45 p.m. in the civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Krueger, Miller and Young. ABSENT: Council Member Cott The Council considered the following in Closed Meeting: A. Legal Matters 1. -- Under TEX. GOV'T CODE Sec. 551.071 Considered settlement offer in the litigation styled GTE v. city of Denton, et al. Considered and discussed defense of and the settlement of RPS Ventures, Inc., et al v. city of Denton and Webber and Barnes v. City of Denton pending in the 362nd District Court under Section 551.071 of the Open Meetings Act. Bo Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 1. Discussed the acquisition of property for expansion of the City's landfill. Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 1. Received a report from the Municipal court Advisory Committee regarding applicants for Municipal Judge and considered making an appointment of the Municipal Judge. Council Member Cott arrived during the Closed Meeting. The Council convened into a Regular Meeting on Tuesday, January 16, 1996 at 7:00 p.m. in the Council Chambers of City Hall. 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 a proclamation for Camp Fire Candy Week. 2. The Council considered approval of the minutes of September 5, 1995, September 12, 1995 and September 13, 1995. 147 148 City of Denton City Council Minutes January 16, 1996 Page 2 Mayor Pro Tem Biles motioned to approve the minutes. Council Member Miller stated that in the September 5th minutes, the spelling should be corrected for Harry Hall's name. Council Member Brock seconded with motion noting the correction. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Reports A. The Council received a citizen report from Willie Hudspeth regarding meeting times for the City's Boards and Commissions. Mr. Hudspeth stated that the original purpose of his report was to talk about the times the City's boards and commissions met. He suggested that different times be considered so that others could be a part of the boards and commissions. He had two items which he wished to address on the agenda and was told that he had to do both presentations in a five minute time limit. He questioned if he was the only one with such a restriction or if other citizens also had such a restriction. He was told that the Council Agenda committee made the decision on the agenda and he felt that this was a group of individuals who used their power to determine who would speak and what they would speak on. He questioned if others, who had something to say which the Agenda Committee might not like, would also have such a restriction. He would be attending each Council meeting until he completed what it was he wanted to say. He felt it was not right for him not to be able to speak. Originally he wanted to ask the Council to look at meeting times of the city's boards and commissions so that others could participate. Of the City's 22 board and commissions, six met at an unknown time; eight met from 9:00 a.m. - 4:00 p.m.; seven met from 5:00 - 5:30 and one after 6:00 p.m. Mayor Castleberry stated that the five minute limit was a Council policy and was not a policy of the Agenda Committee. The Council was charged with the responsibility to follow policy and was in no way a manner to prevent anyone from speaking. Hudspeth asked if it was the rule that an individual received five minutes per item. Mayor Castleberry stated that an individual could speak on any number of items within that five minute time frame. Hudspeth asked if the rule was that an individual received five minutes per item on the agenda or did the rule indicate that an individual had five minutes to talk about anything. City of Denton City Council Minutes January 16, 1996 Page 3 Mayor Castleberry stated that an individual had five minutes to talk about the items requested on the agenda. Hudspeth stated that there was no rule indicating that an individual had five minutes for the agenda item requested. Herb Prouty, City Attorney, stated that the rule was from an ordinance establishing the Council's rules and procedures. Section 6.5 of those rules and procedures indicated that speakers before the Council were requested to limit their remarks to five minutes or less except for citizens speaking to a non-public hearing agenda item for which presentations would be three minutes or less. Council Member Cott requested a review of the procedure for citizen reports. Council Member Brock stated that there were several people who appeared regularly during citizen Reports. One citizen had many requests and items which were presented within the time limit. The Council was not trying to limit citizen participation and had even changed procedures to allow for more citizen participation. B. The Council received a citizen report from Bill Mosley regarding the day laborer situation at the 900 block of South Locust. Mr. Mosley was not present at the meeting. 4. Public Hearings A. The Council held a public hearing with regard to the proposed annexation of a 34.78 acre tract located in the clear zone south of the existing runway in the vicinity of the Denton Municipal Airport. (A-71) (The Planning and zoning Commission was scheduled to consider this item and make a recommendation on January 24, 1996.) Harry Persuad, Senior Planner, stated that this was a second of a series of public hearings scheduled for the annexation of this property. The property was owned entirely by the city of Denton and the purpose of the annexation was to bring the area within the City limits. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. B. The Council held a public hearing with regard to the proposed annexation of a 11.34 acre tract located east of Mayhill 149 150 City of Denton City Council Minutes January 16, 1996 Page 4 Road and north of Blagg Road. (A-69) (The Planning and Zoning Commission recommended approval, 6-0.) Harry Persuad, Senior Planner, stated that this was the second of a series of public hearings. During the first public hearing, staff pointed out that the City would not be providing water and wastewater services to this site. The service plan provided for water and wastewater services in compliance with the existing policy of City. That policy indicated that the land owner or developer would provide those lines to those sites. If water and wastewater were included in the services provided by the City, $110,000 worth of costs would have to be added. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Krueger stated that there was no opposition by the landowners in this area for this annexation. Persuad replied correct. There were five single family homes which were leased properties. The owner wrote a letter to the Planning Department early in the process indicating that she would be in opposition as the annexation as it would cost her large sums of money to receive water and wastewater services. He had spoken to the other property owners who indicated that they did not have a problem with the annexation. Many of the residents were putting their garbage on the City side of the street and were receiving services. The residents also called the Police Department and received services. One land owner, indicated opposition, but did not appear at any of the public hearings. Council Member Young asked where the residents received water. Persuad replied that they had water wells. Council Member Young asked if these residents could be added to the infill policy list. He questioned if State law indicated that the City had to provide water and wastewater within four years of annexation. Persuad replied that the State law indicated that a City had to provide services comparable to other areas in the city limits with similar population density and land use. If there were other city areas where there were houses just like these on a tract of land and they were not being provided with water and wastewater services, that was a comparable level of service. Council Member Young indicated that he would like to have a study done on the impact the landfill might have on those wells. He did City of Denton City Council Minutes January 16, 1996 Page 5 151 not like the current annexation policy. Acting City Manager Svehla stated that staff was working on a~joint meeting with the Public Utilities Board to have a discussion on the infill and extension policy. This property was approx~.mately three miles from the city landfill with two creek basins between them and felt there would be no impact from the landfill. C. The Council held a public hearing with regard to the proposed annexation of a 21.62 acre tract described as the Estates of Forrestridge Section II. (A-70) (The Planning and zoning Commission was scheduled to consider this item and make a recommendation on January 24, 1996.) Harry Persuad, Senior Planner, stated that the petitioners, Lodge Construction Company, had requested annexation and zoning on the property. This was the second public hearing on this property. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. 5. Consent Agenda Mayor Castleberry indicated that Bid #1819 had been pulled from consideration. Biles motioned, Brock 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. ao Bids and Purchase Orders: 6e Bid #1842 - Wind Fence Bid #1845 - Water Treatment Consulting and Chemical Supply Bid #1847 - Distribution Transformers P.O. #61267 - Culvert Paving Consent Agenda Ordinances The Council considered Consent Agenda ordinances 6A. - 6B. Biles motioned, Brock seconded to adopt the ordinances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 15 City of Denton city Council Minutes January 16, 1996 Page 6 A. NO. 96-012 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.2. - Bid #1842, 5.A.3. - Bid 1845, 5.A.4. - Bid #1847) B. NO. 96-013 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH pURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.5 - #61267) 7. ordinances A. The Council considered adoption of an ordinance extending the hours for sale and consumption of mixed drinks, beer and wine, pursuant to Sections 105.03, 105.04, 105.05, and 105.06 of the Texas Alcoholic Beverage Code. City Attorney Prouty stated that this ordinance would move the city from a standard hours area which meant that those entities holding a late hour permit could serve mixed drinks, beer, and wine six days a week until 2:00 a.m. every day. Council wanted to make sure that this ordinance would only extend hours for on-premise consumption and would not be approving the extended hours for off- premise sale and consumption. The ordinance extended the hours until 2:00 a.m. of any day for the sale of alcoholic beverages to those entities holding a late hours permit. Bob Ingram stated that he was in favor of the 2:00 a.m. closing for the sake of children. He had two sons who went to North Texas and he observed that their social activities tended to gravitate to Dallas/Ft. Worth because of a late start. They did not want to go to a place which closed at midnight. He always worried when his sons drove to Dallas/Ft. Worth and felt that the extended hours would provide a safer situation. Rick Reid stated that he owned two establishments in Denton. He detailed the process for receiving a beer/wine permit. This industry was different from any other type of permit for business. Mayor Pro Tem Biles asked if the establishments on Avenue A and Fry Street had taken any steps towards addressing this issue in anticipation of backlash if extended hours took place. Reid replied that the area had changed over the years. In his establishments all bartenders and personnel were TABC certified. city of Denton city Council Minutes January 16, 1996 Page 7 153 He had always had a good rapport with the Police Department. Steven Boedeker stated that he was in support for the extended hours in Denton. Many of his concerns were for safety because of the trends developed bythe students. The students were driving to Dallas/Ft. Worth because they had a couple of extra hours to enjoy themselves. He was in favor of keeping his friends and their money in Denton. Sandra Lewis indicated that she was President of the Denton County Mothers Against Drunk Driving. MADD did not take a position on the specific hours which bars should close in any city. She did not want the Council to think this was an endorsement because MADD had not expressed opposition to the closing hours. MADD supported uniform closing hours to prevent bar hopping. This was a safety issue with MADD. The bar owners had a financial stake in the Council's decision but money was not the only issue. Sherard Quina stated that he had been in the entertainment business for 14 years. He asked the Council to support the change for a chance for economic growth for the entertainment industry in Denton. The new race track would bring tourists to Denton. Tourists who would be seeking entertainment and lodgin~ in Denton. There were over 1000 people who worked second shifts in factories who wanted to go somewhere for entertainment. He was asking for equal footing with surrounding cities in the North Texas area. Frenchy Rheault stated that he was opposed to changing the hours. In the ten years he had been in Denton he had never read of an accident involving an individual coming back from Dallas involving alcohol. Charles Brown stated that he supported the extension of hours as late shift citizens in Denton were being penalized. He urged the Council to make a decision this evening and not put a decision off to another meeting. The extension could be tried for one year to see what would happen. Mark Hannah stated that the City of Denton should not restrict any business for what hours they would be in business. Gary Francis stated that he was opposed to the extension of hours. The Country was decaying because of a cancer called drug and alcohol abuse. The community had a responsibility to its young people and to make a decision to allow for more hours of exposure to abuse alcohol was an irresponsible act. This was a decision based on economics, this was not a decision based on character and conviction. Thirty-five percent of all students surveyed indicated that they had driven under the influence of alcohol. 154 City of Denton City Council Minutes January 16, 1996 Page 8 Dan Leander stated that he liked a free market but felt that certain restrictions had to be imposed. He was involved in a head- on collision with a drunk driver on 1-35 in which the driver never drank before. He did not like the restriction of free trade and appreciated the financial situation the extension would afford. But he asked the Council to remember the body count - 45,000 per year. Steven Condall stated that how the Council thought and acted set the tone and atmosphere in the city. He was opposed to the adoption of the ordinance as the Council had set the tone that monetary gain for some businesses and themselves in the City was more important than the safety and well-being of its citizens. There was not a sense from the Council that each had studied what negative impact this might have on the city in the future, chief Jez had outlined a few of the negative situations. He urged Council to rethink its position and to proceed cautiously. Theresa Grant stated no one had spoken about underage drinking. She was the school nurse at Ryan High School and saw the effects of underage drinking on a daily basis. Extending the hours would not help the problem of underage drinking. chris Bryan stated that he owned a new business on Fry Street. He did not see any harm to this ordinance. The business owners in the area would be supporting "call a cab". He felt it would be detrimental to allow Denton citizens to drive to Dallas and come home intoxicated. Most of these people were within walking distance of the establishments. Pat Reynolds stated that he worked for Ben E. Keith Beers and was in favor of extending hours. He felt that it would be good for Denton, good for business people and good for business growth. It would put Denton on an equal footing with other cities in the North Central Texas area. Extended hours would allow clubs to book higher quality acts for the entertainment business. This was also a safety issue. Ben E. Keith was committed to be good corporate citizen and do everything to ensure responsible sales of alcohol in Denton. He asked the Council to vote to extend hours to provide an even playing field in the North Texas area. Troy LaGrone stated that his children went to Dallas for entertainment. When he moved to Denton it was a small city and had since grown to a diverse city with many improvements. He felt there was a need to have the opportunity to have entertainment at home and keep those dollars in Denton. This was also a safety factor. Denton competed for business and every surrounding city competed for what Denton had. Roy Culverson wanted to keep the student body here in Denton and not traveling on the highway. city of Denton city Council Minutes January 16, 1996 ~ ~'~'~ Page 9 Mayor Castleberry stated that Richard Hayes had completed a Speaker Card expressing support of extended hours as it was an important economic development issue. Council Member Cott read a list of cities with colleges and universities which had extended hours. He felt this was a major principle of business. The City competed with others for college students and needed to have what everyone else had. This could help build on the entertainment industry. This was not introducing alcohol to the city of Denton. This was an attempt to make this a better part of the base of Denton for the future. Council Member Brock felt that the issue was very difficult as there were pluses and minuses on both sides of the question. She felt that cities should not regulate legal businesses unless there were serious repercussions for the community. The Council had received much information from Chief Jez about alcohol related activities. There were no figures to show that that would be related to late opening. She was interested in keeping drinkers off the highways. She wanted to keep business in Denton if it would not damage the community or result in increased costs. She felt the Council would be justified in trying extended hours for a period of time such as a year and then look at the results. Mayor Pro Tem Biles stated that this ordinance had a great potential to polarize a number of individuals, chief Jez gave reliable numbers. However, Chief Jez could not indicate the impact of consuming alcohol and operating a motor vehicle with a higher speed limit on the Interstate. The City did not receive a tax revenue for this extension. There would be economic development with the extension of hours and was an issue of personal responsibility. Businesses who held the permits could lose their licenses and go to jail for allowing underage drinking. Safety was the number one issue and the higher speed limit on 1-35 was a great problem. He would like to see dollars spent within the city limits. The ordinance could be changed if it turned out to be a mistake. The following ordinance was considered: NO. 96-014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS EXTENDING THE HOURS FOR SALE OF MIXED DRINKS, BEER AND WINE, PURSUANT TO SECTIONS 103.03, 105.04 AND 105.05 OF THE TEXAS ALCOHOLIC BEVERAGE CODE; AND ESTABLISHING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance adding a section that staff be directed to present to Council one year from date of adoption, data and information for Council to review this decision. 155 156 City of Denton city Council Minutes January 16, 1996 Page 10 Council Member Young stated that he would vote for the ordinance as it was a safety issue and a business issue. Council Member Miller stated that one issue was the problem of drinking. The issue was not whether to have drinking, the issue was what might happen when the hours were extended. Another concern was individuals being drunk in a bar. Comments had been made regarding the responsibility of the bar owners and operators in the City to not allow individuals to drink and drive. If approved, this would have some effect on economic development but would not be a net gain. He was concerned about individuals driving to area cities for entertainment. He felt it would be responsible to give the extended hours a try and hoped it would not be a negative factor. The Council could look at the issue after one year to see the effects of the passage. Council Member Cott felt that the one year time limit would be difficult for certain types of financing for businesses. He recommended to extend the ordinance for more than a year. Licenses were already paid for this year and the businesses would not get full use of them. He recommended an unlimited contract. Council Member Brock stated that Mayor Pro Tem Biles made it very clear that his motion would not be a sunset clause. His addition would require a review in looking at the evidence which accumulated over that one year time. Council Member Krueger asked if the intention was to have an annual review year after year. Mayor Pro Tem Biles stated no that it would be only a one year review. The wording of his motion was that an additional section would be added directing staff to present to Council, one year from the effective date of the ordinance, the information to consider this ordinance. This would be one review twelve months from the effective date of the ordinance. Council Member Krueger felt it would be necessary to study the reports and figures so that they were not skewed in any manner. Council was safety conscious and if officers were needed it would not be a major problem. There were some assumptions in the projections which may or not come to pass. Council Member Young felt that there was a need to establish an effective date with the motion. Council Member Cott stated that it would be easier for a bank to look at a balance sheet if it knew this would be automatically renewed. He suggested a review of the ordinance and cancel it a certain number of days before the year was over. City of Denton city Council Minutes January 16, 1996 Page 11 157 Council Member Brock stated that at any time the council could chose to rescind or amend an ordinance. There was no guarantee with this ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council recessed into a short break. Mayor Pro Tem Biles was not present after the break. B. The Council considered adoption of an ordinance authorizing the Acting city Manager to execute an addendum to the agreement between the city of Denton and Denton Affordable Housing Corporation relating to increasing the supply of affordable housing in the City of Denton. Barbara Ross, community Development Coordinator, stated that approval of the addendum would increase the existing contract with the Denton Affordable Housing Corporation. The existing contract provided them with $75,000 in 1994 CDBG funds. The addendum added an additional $75,000 which was the 1995 allocation. The funding was provided for operations and housing projects. The following ordinance was considered: NO. 96-015 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE AN ADDENDUM TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION RELATING TO INCREASING THE SUPPLY OF AFFORDABLE HOUSING IN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Miller seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Pro Tem Biles returned to the meeting. C. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the city of Denton and Fairhaven, Inc. to provide for rental assistance. Barbara Ross, Community Development Coordinator, stated that approval of this contract would provide $12,280 to Fairhaven to use for rental ~ubsidies for low income residents. Council Member Miller left the meeting. 158 City of Denton city Council Minutes January 16, 1996 Page 12 The following ordinance was considered: NO. 96-016 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND FAIRHAVEN, INC. TO PROVIDE FOR RENTAL ASSISTANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Young motioned, Brock 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. D. The Council considered adoption of an ordinance authorizing the City Manager to enter into an agreement between the city of Denton and the Texas Water Development Board for flood protectign planning. Jerry Clark, Director of Engineering and Transportation, stated that this was a request to participate in a grant from the Texas Water Development Board. Half of the funds would be used to study Cooper Creek and branch 4 of Pecan Creek. Some of the improvements would be considered in the bond election in February. Council Member Miller returned to the meeting. The following ordinance was considered: NO. 96-017 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS WATER DEVELOPMENT BOARD FOR FLOOD PROTECTION PLANNING; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Krueger seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council consider adoption of an ordinance authorizing the Mayor to execute an agreement with the Texas-State Department of Highway and Public Transportation for contribution of funds for the acquisition of right-of-way for a highway project on US Highway 380 between Interstate Highway 35 and US Highway 77; and authorizing the expenditure of funds equal to ten percent of the cost of the right-of-way. Jerry Clark, Director of Engineering and Transportation, stated that this was a critical project for city of Denton. The project City of Denton City Council Minutes January 16, 1996 Page 13 159 was a 90/10 split on funding. The city would not have to provide any money for the actual construction. The money for the right-of- way was available from the 380 bonds sold in 1983. The following ordinance was considered: NO. 96-018 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR CONTRIBUTION OF FUNDS FOR THE ACQUISITION OF RIGHT OF WAY FOR A HIGHWAY PROJECT ON US HIGHWAY 380 BETWEEN INTERSTATE HIGHWAY 35 AND US HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS EQUAL TO TEN PERCENT OF THE COST OF THE RIGHT OF WAY; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Krueger 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. 8. Resolutions A. The Council considered approval of a resolution authorizing the Mayor to solicit from the public, sealed bids on a certain tract or parcel of property located on or about the 500 block of Rose Street and to consent to the sale of said property to the highest bidder even if the bid tendered is less than the market value of the property specified in the judgement of foreclosure or the total amount of the judgement against the property, and to execute any quitclaim deeds necessary to convey the property upon sale. Jon Fortune, chief Finance Officer, stated that in September of 1995 the city's delinquent tax collection firm sought a judgement for delinquent taxes dating back to 1986 on this piece of property. Judgement was granted and the property was offered for sale by the Sheriff for the amount of delinquent taxes, accrued penalty and interest and any legal fees assessed. There was no sufficient bid and the property was stricken to the City of Denton. This resolution allowed the City to solicit sealed bids to offer the property for sale for less than the taxes due in order to get the property back on the tax rolls. The following resolution was considered: NO. R96-001 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO SOLICIT FROM THE PUBLIC, SEALED BIDS ON A CERTAIN TRACT OR PARCEL OF PROPERTY LOCATED ON OR ABOUT THE 500 BLOCK 160 City of Denton city Council Minutes January 16, 1996 Page 14 OF ROSE STREET AND TO CONSENT TO THE SALE OF SAID PROPERTY THE HIGHEST BIDDER EVEN IF THE BID TENDERED IS LESS THAN THE MARKET VALUE OF THE PROPERTY SPECIFIED IN THE JUDGEMENT OF FORECLOSURE OR THE TOTAL AMOUNT OF THE JUDGEMENT AGAINST THE PROPERTY, AND TO EXECUTE ANY QUITCLAIM DEEDS NECESSARY TO CONVEY THE PROPERTY UPON SALE; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Krueger seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the Community Development office to submit an application to the Texas Department of Housing and community Affairs seeking emergency shelter funding and authorizing the City Attorney to negotiate a contract with the Texas Department of Housing and community Affairs. Derrick Collins, Human Services Coordinator, stated that this resolution would allow the Community Development office to submit a proposal to the Texas Department of Housing and Community Affairs for emergency shelter grants program funding. If funded and after contract approval, the Community Development office would act as a fund manager, distributing the funding to HOPE, Inc. and Denton County Friends of the Family to provide homeless prevention activities. There would be no impact on the General Fund. The following resolution was considered: NO. R96-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE COMMUNITY DEVELOPMENT OFFICE TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS SEEKING FUNDING AND AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE A CONTRACT WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Brock 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 of the Council of the City of Denton, Texas declaring its support as a sponsoring agency for "A vision For Denton - The 21st Century". The following resolution was considered: City of Denton City Council Minutes January 16, 1996 Page 15 NO. R95-003 A RESOLUTION OF THE COUNCIL OF THE CITY OF DENTON, TEXAS DECLARING ITS SUPPORT AS A SPONSORING AGENCY FOR A "VISION FOR DENTON - THE 21ST CENTURY"; AND PROVIDIN AN EFFECTIVE DATE. Miller motioned, Brock seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution establishing a Diversity Task Force; and authorizing the expenditure of funds to secure the professional services of a facilitator. Tom Klinck, Director of Human Resources, stated that Council had determined the following major diversity issues: workforce issues, hiring and promotion issues, diversity hiring issues, relationships between police and community, language issues, race relations in the community and city, university student issues, pay and pay increase issues, and contracts and bidding policies. The task force would consist of 18 members, 14 Council appointees and 4 city employees. The objectives of the task force would be to study selected diversity issues and provide solutions and recommendations; provide suitable recommendations that could be addressed through the organizational structure; coordinate the task force with the City's Workforce Diversity Committee; and complete Phase I within 6-9 months. It was anticipated that there would be an outside facilitator who would provide diversity awareness training; assist with strategic planning; and assist with monthly meetings to study specific issues and develop solutions and recommendations to provide periodic reports to the city Council. The estimated cost for the outside facilitator would be less than $10,0000. The following resolution was considered: NO. R96-004 A RESOLUTION OF THE CITY OF DENTON ESTABLISHING A DIVERSITY TASK FORCE; AUTHORIZING THE EXPENDITURE OF FUNDS TO SECURE THE PROFESSIONAL SERVICES OF A FACILITATOR; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to approve the resolution. Frenchy Rheault stated he was representing wife who was Ms. Wheelchair of Texas. He asked the Council to remember that diversity included people with disabilities and was not just a racial diversity issue. 161 162 City of Denton City Council Minutes January 16, 1996 Page 16 On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. The Council considered and appointed a Municipal Judge. This item was not considered at this time. 10. Miscellaneous matters from the City Manager. A. Wall of Honor Honorees - Acting City Manager Svehla pointed out the new additions to the Wall of Honor. B. Reminder of the Service Awards Banquet on Friday. C. Reminder of the NLC meeting in Washington, D. C. 11. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments This item was not considered at this time. 12. New Business The following items of New Business were suggested by Council Members for future agendas. A. Council Member Cott suggested adding the Pledge to the Texas flag at the beginning of the Council meetings. He also suggested having a school project to have students write a pledge to the Denton flag. B. Council Member Miller requested Council consider amending the Rules and Procedures to allow each Council Member an opportunity to speak on an item before the question was called. C. Council Member Krueger asked for information regarding the turn lane configuration on Teasley Lane by the Shell Station. D. Council Member Cott asked for information regarding the gravel trucks turning in front of Sam Houston School. E. Council Member Young asked for a feasibility study on how much it would cost to run water to the Silver Dome Mobile Home Park in an emergency situation. city of Denton city Council Minutes January 16, 1996 Page 17 13. following: A. B. C. The Council continued in a Closed Meeting to discuss the Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 After the completion of the Closed Meeting, the Council reconvened in Open Session and took the following action: Mayor Castleberry stated that Willie Hudspeth had requested to speak on this item but was not present at the meeting. Biles motioned, Young seconded to have Council direct staff to prepare a contract for execution by the Mayor appointing Robin Ramsay as the Municipal Judge for the City of Denton for a two year contractual term at a salary of $57,000 per year with the City's executive employee benefits including 4% deferred compensation. The appointment would become effective upon Mr. Ramsay's acceptance in writing. 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 10:20 p.m. 163 TN~P~ WALTERS Y SEtRETARY CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAY~R ~ CITY OF DENTON, ACC002E3