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.
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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
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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.
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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.
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City of Denton City Council Minutes
January 16, 1996
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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.
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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.
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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.
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City of Denton city Council Minutes
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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
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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.
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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