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Minutes June 7, 1994247 CITY OF DENTON CITY COUNCIL MINUTES June 7, 1994 The Council convened into the Work Session on Tuesday, June 7, 1994 at 5:15 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council convened into the Executive Session to discuss the following: ae Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Considered acquisition of real property near the Spencer Water Treatment Plant. C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 2. The Council received a report, held a discussion and gave staff direction regarding accepting assignment on ambulance billing. Kathy DuBose, Acting Executive Director for Finance, stated that the Finance Department had installed a personal computer based on the ambulance billing system. That system offered the ability to account for the subscription service, file Medicare billing electronically, and build a data base for gathering and reporting extensive medical and financial information regarding ambulance billing. The ambulance subscription service was put into place at that time to allow acceptance of assignment on insurance and Medicare billing for subscribers for a $3/month charge. For participants, once payment was received from Medicare, or an insurance company, any remaining balance was written off and not charged to the patients. Several issues had evolved with the ambulance billing. One issue was that in prior reports to Council, when the practice was not to accept Medicare assignment, Medicare paid on an historical customary charge. The City's charge at that time was $120. When the City raised the charge to $200, Medicare paid on the basis of the former charge. At present, the City only accepted assignment (direct payment) from Medicare for individuals on the subscription service. For those not on the service, the City filed individual claims to Medicare and partial payment was forwarded to the patient. The City then billed the patient for the entire charge. Last year, the City requested that Medicare reevaluate the charge and increase the amount it would cover. Medicare had recently approved an increase to $200 and would now pay 80% of the $200 base fee. Another issue was the actual receipts on the ambulance billing for Medicare patients. As of May 248 City of Denton City Council Minutes June 7, 1994 Page 2 31, 1994 the city had billed $153,000 for ambulance service and had collected $75,000 or 49% of the billing. Medicare paid only 80% of claims when the provider did not accept assignment, but paid an additional 5% of claims where assignment was accepted. Supplemental insurance paid a 20% co-payment on the base fee only and excluded most additional charges on claims where assignment was not accepted. On claims where assignment was accepted, supplemental insurance would pay on all charges not paid by Medicare. Medicare issued payment directly to the provider within 14 days of electronic billing. Of the 49% collected, many payments were on an extended payment plan. The subscription service was not as successful as anticipated with only 300 participants this year as opposed to a budgeted amount of 780. The subscription service had targeted fixed income individuals who might be interested in the service. Because of these issues, it was felt that the policy of not accepting Medicare needed to be reevaluated. If the City accepted assignment, $130,000 of the $153,000 billing would be collected. This would increase collections to $54,000 and additional supplemental insurance would increase approximately $22,000. The City would also receive money early which would increase cash flow management. Staff's recommendation was to discontinue the subscription service and take assignment for all Medicare patients. Council Member Perry felt that this was a fast efficient way to handle such bills. Council Member Smith asked if there were any restrictions on what Medicare would pay for. She knew of some individuals with the subscription service who called for an ambulance after falling and were not charged for such a call. DuBose felt that any time an ambulance was sent there would be a base charge for the individual but would check on that answer. The extra charges which occurred with the ambulance service, when accepted on assignment, would be paid more by Medicare. Council Member Miller stated that Denton appeared to be one of the few cities which did not accept assignment. He asked if there was any down side for accepting assignment. DuBose stated that if the City were now collecting 100% of what was billed, there would be a small loss. As the City was not collecting 100%, it would be to the City's advantage to do this. Council Member Smith asked about those individuals currently on the subscription service. 249 City of Denton City Council Minutes June 7, 1994 Page 3 DuBose stated that those subscribers who had paid for a full year would be issued a refund for the months prepaid. For those who paid on a monthly basis, billing would cease. Council Member Smith asked about an individual who fell but did not need to be transported. DuBose replied that everyone would now receive the same benefit as those currently on the subscription service. City Manager Harrell stated that currently with the subscription service, if an individual would fall, the firefighters would be there to help get that person up and would not transport them to a hospital. Council Member Smith was asking how that would change without the service. He felt that if Council wished to continue that practice, the firefighters could be directed to not charge in those instances. Rick Svehla, Deputy City Manager, stated that the $160 could be paid by Medicare with no balance billing to the individual. Mayor Castleberry asked that if the Medicare deductible was not satisfied, who would be responsible for the charge. DuBose replied that when the City took assignment, any charge not approved by Medicarecould not be balance billed to the patient. Perry motioned, Chew seconded to accept this method of billing. On roll vote, Brock "aye", Cott "nay", Miller "aye", smith "nay", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. 3. The Council received a report and held a discussion regarding the implementation of the 1995-99 CIP Program. This item was pulled from discussion. 4. The Council received a report, held a discussion and gave staff direction regarding the televising of City Council Work Sessions. Richard Foster, Public Information officer, stated that Council had had several prior discussions regarding the televising of Council work sessions. Council was to evaluate those sessions and decide whether to continue televising. The cost involved for the additional work sessions would include the additional hours for the interns and the costs for the videotapes. An analysis of the budget indicated that the account would be short a few dollars for 25O City of Denton City Council Minutes June 7, 1994 Page 4 personal services and bit more for the cost of tapes. If Council decided to continue televising the work sessions, a firm starting time for those meetings would be needed and Council would need to adhere to that time as the public would have been notified of the starting time. If extra money was needed at the end of the fiscal year, the Council might need to make those provisions. Council Member Perry stated that there were other considerations besides cost and felt that the costs were reasonable. He felt that it would be simple to set up the meetings to televise in the Civil Defense Room. The Council had just gone over an intricate item and it was important to communicate among the members. The Civil Defense Room was more conducive to fine communication than the Council Chambers. It was hard to hear, see and communicate in the Chambers. It was important to deal with difficult matters as well as possible. If the mission for televising the meetings was to inform the general public word for word of what went on in the meetings, he suggested that the Council also consider broadcasting the meetings over the radio. Radio with TV would greatly increase the City's availability for all of the public. He would like to see a plan whereby if both work sessions and regular sessions were televised, that they be done in the Civil Defense Room in that type of setting. Mayor Pro Tem Brock asked about the broadcasting on KNTU. Foster replied that the City was not doing that, but rather the radio station was doing the broadcasting. The City could encourage the radio stations to do the broadcasting. Council Member Perry stated that he was not suggesting that the radio be used as a stop gap, but to broadcast the same as with television. The idea was to reach the public with both medians. Council Member Miller asked if Council Member Perry was suggesting to pay a radio station to broadcast the meetings. Council Member Perry replied to do whatever it took. Council Member Miller asked if it would be practicable to televise in both places in regards to equipment, etc. Foster replied that at an earlier Council session, it was discussed that that would not be possible as all of the equipment was in the Council Chambers and most of that equipment was not portable. To broadcast from the civil Defense Room would require duplicating equipment and more space for the equipment. There also was no sound system in the room which would cause problems for the audio 251 City of Denton City Council Minutes June 7, 1994 Page 5 equipment. Council Member Miller agreed that there was a need to communicate to all citizens and that there would be some trade-offs if that were done in the Council Chambers. The Council spent much time in work sessions discussing issues and there was not much discussion done during the regular sessions. He felt televising the work sessions would encourage individuals to become involved and was in favor of televising the work sessions from the Council Chambers. Mayor Pro Tem Brock stated that with the two sessions done in the Council Chambers, it was easier to see other Council members. It was not as easy to see other members in the Civil Defense Room. She liked the informality of being around the table in the civil Defense Room but felt that the room was not conducive to inviting the public to participate in the discussions. The work sessions were where the decisions were being made and public needed to see the process. A consensus was reached in the work sessions and staff was given direction there. Council Member Perry stated that the other aspect of his proposal dealt with the radio broadcasting of the meetings. Mayor Castleberry stated that the radio stations could be approached to see if they would want to do that broadcasting. Council Member Perry again questioned not being able to get the equipment to fit in the Civil Defense Room. Brock motioned, Miller seconded to begin televising the Council work sessions in the Council Chambers and to begin investigating broadcasting the meetings on a radio station. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. City Manager Harrell asked for a time for starting the work session in the Chambers. Consensus of the Council was to begin the executive session at 5:15 p.m. and the work session at 6:00 p.m. 5. The Council received a report, held a discussion and gave staff direction regarding the advertising of the position for a regular part-time municipal judge. city Manager Harrell stated that Council had dealt with all the questions regarding this issue except for the advertising of the 252 City of Denton City Council Minutes June 7, 1994 Page 6 position. Tom Klinck, Director of Human Resources, stated that he had provided a job description for Council review. Council needed to decide whether to post internally or out-of-house. The Municipal Court Committee would review the applications and refer three to Council for consideration. He provided a time line regarding internal and external posting. Council Member Cott asked how the evaluation would be done on the employee, once hired. Klinck replied that the Council would do the evaluation. Council Member Perry felt that the Council should compromise by posting for the job in a manner so that any applicant could apply for the position. The process should be as free and open as possible and suggested posting the position out-of-house. Council Member Chew stated that, with this particular position, he was in favor of posting in-house. If there were no qualified applicants from an in-housing posting, then go external. Council Member Miller agreed with that suggestion. Any time someone was hired from the outside, first hand information regarding the individual was not known. When a position was posted externally and then an individual hired internally, there might be a problem with a perception that the decision had already been made. Brock motioned, Smith seconded to advertise both external and internal so as to have a wide choice of candidates. On roll vote, Brock "aye", Cott "aye", Miller "nay", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "nay". Motion carried with a 5- 2 vote. The Council convened into the Regular Session on Tuesday, June 7, 1994 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None Pledge ~f Allegiance The Council and members of the audience recited the Pledge of Allegiance. 253 City of Denton City Council Minutes June 7, 1994 Page 7 2. The Council considered approval of the minutes of May 3, 1994, May 4, 1994 and May 10, 1994. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: National Safe Boating Week Ail War Memorial Day in Denton The Council received tee-shirts from the supporters of the Eureka! playground. 3. Public Requests A. The Council considered approval of a resolution temporarily closing Avenue E between Eagle Drive and Highland Street on Saturday, June 11 from 7:00 a.m. - noon; 5:00 p.m. to 8:00 p.m.; and 10:00 p.m. to 11:30 p.m. for the Promise Keepers Conference. Joseph Portugal, Assistant to the City Manager, stated that this resolution was a request from Promise Keepers to close Avenue E between Eagle Drive and Highland Street for their event to be held at Fouts Field. This request would provide safety for the attendees at the event. The following resolution was considered: NO. R94-020 A RESOLUTION TEMPORARILY CLOSING AVENUE E BETWEEN EAGLE DRIVE AND HIGHLAND STREET ON SATURDAY, JUNE 11, 1994; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered an exemption to the noise ordinance for the Juneteenth Celebration until 12 midnight on Friday, June 17 and Saturday, June 18, 1994. 254 city of Denton city Council Minutes June 7, 1994 Page 8 Joseph Portugal, Assistant to the City Manager, stated that this was a request for a variance to the noise ~rdinance. The noise ordinance stated that loud speakers, amplifiers and musical instruments were a noise nuisance after the hour of 10:00 p.m. The Council could make an exemption to that when the public interest would be served. The event would be held at the Fred Moore Park with a number of activities scheduled. The Juneteenth Committee also requested that the regular hours at Fred Moore Park be extended from 10:00 p.m. until midnight which would allow the festivities to close at 11:00 p.m. and vacate the park by 12:00 midnight. The Council approved a similar request last year. Council Member Perry asked what would be the procedure if an individual called in a complaint to the police department regarding the noise from the park. Portugal replied that an officer would be dispatched to the scene and would make a decision, based on the conditions at the time, if the noise was excessive. Officers would be present at the event when in progress. Those officers would respond to a complaint and could make a determination regarding the noise. Council Member Perry stated that constitutional issues were involved and no group had a right to invade the privacy of another's home with noise or other disturbances. He was not certain that Council had the authority to set aside those rights. He felt that the event would work just as well under the existing ordinance and the event could take place without the late hours. He was generally opposed to the continuation of noise until midnight. Chew motioned, Miller seconded to approve the exemption. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. C. The Council considered an exemption to the noise ordinance for the Pro Youth Rodeo Association until 12 midnight on Saturday, June 11, 1994. Joseph Portugal, Assistant to the City Manager, stated that the Pro Youth Rodeo Association had requested an exemption to noise ordinance for a rodeo at the Fairgrounds. Council could make an exception to the noise ordinance if the public interest were to be served. This event was held last year in July and was sponsored by the Sanger Chamber of Commerce. 255 City of Denton city Council Minutes June 7, 1994 Page 9 Council Member Smith asked if the noise would be for loudspeakers or would music be involved. Portugal replied that it would be for an amplifier and loudspeaker to announce the events. Council Member Smith asked if the rodeo would be completely through at midnight or would there be cleanup time after that. Sandra Riley stated that sometimes their rodeos started at 10:00 a.m. and went very late in the evening. The loudspeakers were used to call events and there might be music during a timed event. Council Member Smith stated that she was concerned with the midnight cutoff. Would they be able to be finished by midnight. Riley stated that they probably would not be completed by that time. Mayor Castleberry stated that the ordinance requested that the loudspeakers would stop at midnight. Council Member smith stated that the event would continue even without speakers. Riley replied correct. She indicated that they did not have any problems with individuals involved in the event. Council Member Cott stated that most of the activity would be in the rodeo arena and not all over the park. The new sound system was designed to contain noise and vehicles would be on the west end of the park. Riley replied correct that none of the events would be by the gate of the grounds. Council Member Cott stated that there were only two events which did not cause any noise in the area. The Fair bought new equipment to confine the noise to the arena. Mayor Castleberry stated that when show time was over, most people were gone and the crowd would have thinned out. There would not be much of a crowd leaving at midnight. Riley stated that the show was over around 10:30 p.m. but that there were events for the extra contestants. 256 city of Denton City Council Minutes June 7, 1994 Page 10 Council Member Perry stated that there were people in neighborhood with children and they needed to be able to get their rest. This was not the only event at Fairgrounds which went late at night and that disturbed the neighbors. He was concerned with the 400 contestants and the traffic flow in area. Portugal stated that there were no additional arrangements for traffic coming and going from the event. Miller motioned, Chew seconded to approve the exemption. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 4. Citizen Reports A. The Council received a citizen report from Joe Dodd regarding the Parks and Recreation Summer Food Program. Mr. Dodd stated that he realized the Council had contracted with the DISD for summer lunches but asked that Council consider no further contracts until the situation changed. Several years ago the DISD changed the food service to a for-profit system which the DISD ran and used the profits. No other school in the area did this. The food service people deserved better, as did the children. Since the children now provided profits for the DISD, they were receiving less attractive lunches. The food was not as good as it could be and not as good as it was in the past. The decision to change to a for-profit system and use the money for non-food was not a public decision. He urged the Council to not have another contract with the DISD until there was a public hearing on the issue. 5. pUblic Hearings A. The Council held a public hearing and considered adoption of an ordinance annexing and temporarily zoning a tract of 79.69 acres located along FM 2164 and extending approximately 3,482 feet north of Bobcat Road (First Reading) (The Planning and Zoning Commission recommended approval, 6-0). Frank Robbins, Executive Director for Planning and Development, stated that this was the fourth public hearing on this annexation. The Planning and Zoning Commission had one hearing and Council had had two prior hearings. At the last public hearing there were some questions and issues raised and staff had met with those property owners near the area and clarified those issues. This was a strip annexation up Highway 2164, which would not annex any buildings, to 257 City of Denton City Council Minutes June 7, 1994 Page 11 gain platting authority in the area. The property would be added to the City's ETJ in an area where the City was now authorized to provide water service. The ordinance required 6 votes of Council to pass at this reading. July 19 would be the final action on this ordinance and would also require 6 votes of the Council to pass that night. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Council Member Cott asked if someone built a home on the annexed property, would the city provide services. Robbins stated that with the portion of property being annexed, state law required that the fire department would respond in that area. If a house were built in that area, the City would respond to a fire at that home. There were no structures in the area at this time. Council Member Miller stated that the City would not necessarily put utilities in that area. Robbins replied that they would be available but the extension was not affected whether in the City limits or not. Council Member smith asked about police response. Robbins replied that the day the property was annexed, the police department would be required to respond. The following ordinance was considered: (FIRST READING) AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING 79.69 ACRES OF LAND LOCATED ALONG FM 2164 AND EXTENDING APPROXIMATELY 3,482 FEET NORTH OF BOBCAT ROAD AND INCLUDING 450 FEET ON THE WEST SIDE AND 550 FEET ON THE EAST SIDE OF FM 2164; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; APPROVING A TEMPORARY AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION FOR THEANNEXED PROPERTY; PROVIDING FOR A PENALTY IN THE MAXIML~4 AMOUNT OF $2000 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. 258 city of Denton city Council Minutes June 7, 1994 Page 12 Perry motioned, smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Council Member Cott questioned that there was no useful life calculation on a financing basis for Bid #1630. Tom Shaw, Purchasing Agent, stated that it was anticipated that the equipment would have a 10 year life which would give the additional life after the three year payout. smith motioned, Brock seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Contracts Agreement with the Denton City-County Day Nursery for funding facility rehabilitation Bids and Purchase Orders: 2. 3. 4. Bid #1614 - Sale Scrap Transformers Bid #1629 - Shoring shields Bid #1630 - Boring System Bid #1639 - Denton city/County Renovation P.O. #45135 - IBM Day Nursery 7. ordinances The Council considered the bid ordinances. NO. 94-099 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 259 City of Denton City Council Minutes June 7, 1994 Page 13 A. NO. 94-100 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS 'THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. B. NO. 94-101 AN ORDINANCE ACCEPTING COMPETITIVE BIDSAND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. C. NO. 94-102 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. City Manager Harrell noted that Item 6.B.1. needed to be omitted from ordinance 7A as it was not required to be adopted by ordinance. Smith motioned, Perry seconded to adopt the bid ordinances. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance approving a certified local government grant with the Texas Historical Commission for a historical survey. (The Historic Landmark Commission recommended approval.) Jane Biles, Main Street Manager, stated that this ordinance would approve a contract with the Texas Historical Commission for a historical survey. This item had been discussed with Council at a prior session and funds would be used from the hotel/motel funds for the City's allocation of the grant. The city would be reimbursed $11,135 for the grant. The following ordinance was considered: 260 City of Denton City Council Minutes June 7, 1994 Page 14 NO. 94-103 AN ORDINANCE APPROVING A CERTIFIED LOCAL GOVERNMENT GRANT WITH THE TEXAS HISTORICAL COMMISSION FOR A HISTORICAL SURVEY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a Combined Final Statement of Community Development Objectives and Projected Use of Funds and HOME Program Description. Barbara Ross, Community Development Administrator, stated that this resolution would approve the Combined Final Statement which included the statement of community development objectives and the HOME program description. The Final Combined Statement included recommendations by both the Community Development Advisory Committee, which were CIP recommendations and housing projects, and the Human Services Committee recommendations. The Human Services Committee recommendations included only the use of CDBG funds for human services, not general fund dollars. At the May 17th meeting Council wanted to consider two options, the original recommendation from the Human Services Committee and the option recommended by Council Member Miller. Council Member Chew asked that the SPAN transportation and SPAN services be removed from the discussion. City Attorney Drayovitch stated that Council Member Chew was requesting that Council consider the items in the proposed statement other than the SPAN funding issues as he would be abstaining on those issues as a member of the SPAN Board of Directors. Mayor Castleberry asked if there were any objections to that request. Mayor Pro Tem Brock asked how the Council could consider the Miller recommendation as there were sums which would be allocated to the Community Clinic, Friends of the Family, TWU Cares and the Parks 261 City of Denton City Council Minutes June 7, 1994 Page 15 programs from the SPAN funding. City Attorney Drayovitch stated that Council Member Chew was asking that Council consider the issue of funding those appropriating funds on their merits and not on where the money would be coming from. Council Member Miller asked if it would be possible for Council Member Chew to excuse himself for the SPAN funding discussion and then return for the other discussions regarding human services from the general fund and/or CDBG. City Attorney Drayovitch stated that that would be appropriate but she understood that there was SPAN funding under both. Ross replied that under one scenario there was no SPAN funding. City Attorney Drayovitch stated that the alternative proposed by Council Member Miller was also acceptable. She felt that there was some confusion regarding the SPAN funding. Ross stated that the Final Statement needed to be accepted or rejected in its entirety so that once a decision was made, a vote would be taken on all of the recommendations. City Manager Harrell stated that there were two allocations for SPAN. With Council Member Miller's proposal, $41,500, which was allocated for transportation, would be removed and reallocated. The other $26,000 for services would remain under both options. Ross stated that the $26,000 was a general fund item and was not included in final statement. City Attorney Drayovitch stated that Council Member Chew was going to excuse himself from the initial discussion and once a decision had been made regarding SPAN, would rejoin the meeting. Council Member Chew left the meeting. Council Member Perry stated that it was proposed that money from the general fund would be allocated to SPAN. The proposed SPAN allocation from block grant funds would be redistributed to other agencies. Part of the rationale was that the SPAN funds would not be matched with federal funds. Some of the agencies to which the reallocation was directed were funded by federal grants. The City would not be achieving what Council Member Miller had proposed. The city would still be matching federal money with federal money. 262 City of Denton City Council Minutes June 7, 1994 Page 16 Ross replied that some of the agencies did use the funds to match state and federal dollars. It depended on whether or not community development block grant funds were eligible to be used as a local match. Council Member Perry stated that some of the agencies to which the funding would be directed, were funded by federal funds. Council Member Miller's proposal, as he understood it, was to take general fund dollars and put in transportation and use the transportation money in community development dollars for other agencies. He felt that that would not be achieved. Council Member Miller stated that the transportation funds were in the form of a grant. The others were general funding and were not with matching funds. Ross replied that if Council Member Miller was referring to the agency funding, such agencies as HOPE, used local dollars, including CDBG funding, to match their transitional housing funds from HUD. Council Member Perry asked if all of the reallocation of the money would not i~volve matching federal dollars with federal dollars. Ross replied that the proposed agencies were not matching federal dollars. Miller motioned, Brock seconded to remove the transportation portion of the SPAN funding originally recommended by the Human Services Committee and the Community Development Advisory Committee from this particular funding cycle and that that be considered later when the Council considered the general fund. That amount was $41,500, approximately $25,000 of which would be cash from the general budget and $15,000 would be in-kind services. Council Member Perry asked where the federal dollars from SPAN would be going. Council Member Miller stated that that discussion would be under the next section of consideration. Mayor Castleberry asked Council Member Miller to restate his motion. Council Member Miller stated that his motion was to take $4~,500, the amount recommended for the transportation portion of SPAN, and remove that amount from the funding cycle. That amount would be considered later when Council was considering the general budget, 263 City of Denton City Council Minutes June 7, 1994 Page 17 which would include $25,000 in cash and $15,000 of in-kind services. A later discussion would consider reallocating those funds for human services budget. Council Member Perry stated that the Council had designated a Committee to provide recommendations, and that Committee had worked very diligently to provide the Council with an allocation of funds. To vote for the motion on the floor, would vote down one of the main recommendations of the Committee. Council Member Miller stated that the recommendation would defer consideration at a different funding time. Council Member Perry stated that the recommendation was to take the funding which the Committee recommended be allocated to SPAN and do something else with it. Mayor Pro Tem Brock stated that Council did appoint advisory committees but the final responsibility for making these decisions belonged to the Council. The Council could not delegate that responsibility to another committee even though it did consider committee recommendations. Council Member Cott stated that if Council intended to change the chart of account of the entire system, it should have been given to the Committee while the Council was working with it. If it was going to be possible for the Council to get stuck on a budget, to not have the discipline to reduce a part of that budget, but decide to add to the Denton taxpayer's expenses, then why not let anything go in the general fund. Mayor Pro Tem Brock stated that what the Council was suggesting did not resemble what Council Member Cott was proposing. Council Member Miller stated that as a community, Denton decided several years ago to provide public transportation for the community through SPAN. There was money in the general fund to provide the City's portion of the SPAN transportation services. There was a Committee which did a great job on this issue but they were told that they had an increase in the budget from $100,000 to $150,000 for human services. There was a recommendation that $41,500 be allocated for transportation services for SPAN. There was no increase from $100,000 to $150,000 for human services. The increase was from $100,000 to less than $110,000. There were othe~ recommendations from staff which reduced that to well below $100,000 for human services. Through the whole funding cycle, the circumstances were much different than previous funding cycles. 264 City of Denton City Council Minutes June 7, 1994 Page 18 Council voted on Council Member Miller's motion. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3 vote. Mayor Castleberry indicated that SPAN would remain in the Combined Final Statement as recommended by the Community Development Advisory Committee and Human Services Committee. That meant that Council Member Chew could not return to the meeting during the discussion. Council Member Perry.motioned to approve option One which was the original recommendation of the Human Services Committee and the Community Development Advisory Committee. Motion died for lack of a second. Ross suggested an additional option. There was approximately $25,000 of in-kind match which could be used for SPAN which would free up approximately $15,701 for reallocation to agencies. Council Member Perry felt that that would be a compromise of having $15,000 instead of $25,000. Perry motioned to approve the option suggested by Ms. Ross which would take $25,000 of in-kind services and leave $15,000 to be reallocated. Council Member Miller stated that it was not $25,000 of in-kind services but was $15,000 in-kind and $25,000 cash. Ross replied that $25,799 was what would be needed according to the memo. Council Member Miller stated that that would be cash. The in-kind would be $15,000. Ross replied correct. Council Member Perry withdrew his motion. Council Member smith asked what the alternative suggested by Ross would free up in regards to allocations to other agencies. City Manager Harrell stated that option two of a previous memo would reduce the $41,500 CDBG funding allocation by using in-kind staff tim~. Staff requested that CDBG funds, in the amount of $25,799, then be allocated to fund the $50,799 needed to continue SPAN operations. This would free up $15,701 to allocate to other projects and hold the general fund expense constant at $56,826. 265 City of Denton City Council Minutes June 7, 1994 Page 19 Council Member Miller recommended receiving citizen input at this time regarding the issue and that if there was anything specifically dealing with SPAN that those be dealt with first and then allow Council Member Chew to return to the meeting for discussion. City Attorney Drayovitch stated that the only Combined Statement left included SPAN. Council Member Miller stated that a motion would not be before the Council. He was suggesting receiving citizen input only. If there would be a SPAN discussion that would be held first and then any other issues. Council took a brief recess. Council Member Perry motioned to approve option 1. Motion died for lack of a second. Mayor Pro Tem Brock motioned to reconsider Council Member Miller's earlier motion which ended in a tie vote. City Attorney Drayovitch indicated that Mayor Pro Tem Brock's motion was not valid per the Council's Rules of Procedure. Miller motioned, Brock seconded to approve option 2. Mayor Castleberry indicated that there were speaker cards regarding this issue and asked if Council Member Chew could return to the meeting. Debra Drayovitch, city Attorney, stated that Council Member Chew could return for the discussion as long as there was no discussion regarding SPAN funding. He could also vote on the issue as long as there was no SPAN funding included. He might need to be excused again if a SPAN discussion came up again. Council Member Chew returned to the meeting. Cheryl Sutterfield indicated support for funding for Friends of the Family at the requested level. cristen Conley stated that she supported funding for Friends of the Family as she had received services from that agency and it was a very needed agency in the city. The Council took a short recess. 266 city of Denton City Council Minutes June 7, 1994 Page 20 After the recess, Mayor Castleberry indicated that there were speaker cards from citizens who did not wish to address the Council but who wanted their comments known plus some additional speakers. Myra Clemans indicated support for Option 2 of the proposal. Kris Altman indicated support for Option 2 in regards to Denton County Friends of the Family. Warren Searls, Chair-Denton County Friends of the Family Board of Directors, stated that there was a lot of confusion on the part of the citizens when these matters were reduced to procedural matters. He stated that it was essential for the City to figure out how to fund these agencies. Sylvia Sumter indicated support for more funding for Friends of the Family. - Sandra Platt stated that she was a former client of Denton County Friends of the Family and felt it was very important that funding be continued. This was the only option for a safe place for people to stop and think and help stop domestic violence. She asked that the Council consider funding for the agency. Carole Eason indicated support for Option 2. Mark Sandel indicated support of Option 2. Allen Campbell indicated support of city funding for Denton County Friends of the Family. Mary Neal Hyden indicated support of Option 2 which restored funding to Denton County Friends of the Family. Cathy Slaughter indicated support of Option 2. Donna Clayton indicated support of option 2 for funding for Friends of the Family. Janie M. Grimes indicated support of restored funding to Denton County Friends of the Family as it provided an invaluable service to the community. Jeanne Birks indicated support for Friends of the Family as it provided free shelter and counseling services to victims of family violence and sexual assault. The agency was unique in the City in providing these needed services. 267 City of Denton City Council Minutes June 7, 1994 Page 21 Starr Green indicated support for funding for Friends of the Family. Jennifer Altus indicated support of Option 2 which restored funding to Friends of the Family. Deborah Cosimo indicated support for Option 2. Susan O'Dell indicated support for Option 2 for Friends of the Family. Diana Philip indicated support for Option 2 which would restore funding to Denton County Friends of the Family. Joy Hesch indicated support of Option 2 which restored funding to Friends of the Family at the current level. The agency needed financial support in its efforts to stop the cycle of domestic violence. Kellie Kaufman indicated support of funding for Denton County Friends of the Family. Donna Oldaker indicated support of Option 2 so that Friends of the Family could maintain its current services and perhaps expand to serve more people. Rich Tompkins indicated support of Option 2. Council Member Chew felt that Option 2 was a win/win situation for the City of Denton. Council Member Cott stated that the City Council had succeeded in taking Council Member Miller's proposal and taking away the SPAN expenses but not taking a hard look at all of the others. The SPAN funds needed to be put somewhere else. That was an increase to the taxpayers of the City and showed the Council's inability to discipline themselves. He recommended that the entire proposal be turned down. Council Member Miller stated that Option 2 also talked about aspects other than human services. In addition, there was also funding for projects such as the renovation of the American Legion Building, .the improvements to the Denia playground, the MLK improvements, the MK&T Railroad culvert improvements, the Chambers/Boardwalk/Park Lane/Simmons repaving, a Homebuyer Assistance program, the Owsley Center, Chambers Street drainage, Fred Moore Child Care Center renovation, City-County Day Nursery playground drainage, the Fairhaven Rehabilitation, and demolition 268 City of Denton City Council Minutes June 7, 1994 Page 22 and clearance expenditures. These were recommendations which were recommended by the Community Development Advisory Committee and were accepted by the Council in bringing forth the resolution. Mayor Castleberry stated that Council Member Miller had indicated items included in Option 2. Council Member Perry asked if the motion included combined CDBG and Human Resources recommendations. Ross replied that the Combined Final Statement of Community Development Objectives and Projected Use of Funds and the HOME Program Description included human service expenditures under CDBG. Council Member Perry stated that Option 2 included all of the CDBG allocations and all the Human Service allocations except for the one excepted earlier. Ross replied that that was not correct. The final statement included community development block grant and HOME program funding. There were some recommendations under the CDBG program for human service agencies to be funded. It did not include all of the Human Services Committee recommendations. Council Member Perry stated that the combined option included everything. Ross replied that both Option 1 and Option 2 included all of the public works and housing programs as listed in the combined statement. City Manager Harrell stated that in the back-up materials, the items under both Option 1 and Option 2 that were not shaded were recommended by the Human Services Committee to come out of the General Fund and would not be considered until budget deliberations. The only items which the Council was considering as part of the combined statement were the shaded areas plus the public facilities recommended by the Community Development Advisory Committee. Those items were the same on Option 1 and Option 2. The disagreement centered on the human services portion of the shaded area. Mayor Castleberry stated that the motion included, as shown on the overhead, the non-shaded items of Option 2. Ross replied that the shaded items in Option 2 were included in the Combined Final Statement. 269 City of Denton city Council Minutes June 7, 1994 Page 23 Mayor Castleberry stated that the current motion regarding Option 2 did not include the shaded items. Ross replied no that the motion did include those items. With Option 1, everything through page 5 of the agenda back-up materials was also included in Option 2. Those were the public works projects and would remain the same regardless of which option the Council chose. Pages 6 through 10 of the agenda back-up materials were where the change occurred. (Attachment A) Council Member Cott stated that the Council promised the citizens no tax increase. It looked like the very first item the Council looked at would involve a tax increase on real estate. He indicated that his comments dealt with the half cent sales tax increase. Mayor Pro Tem Brock stated that the Council did not promise a no tax increase. They promised, as required by State law, a substantial reduction in the ad valorem tax rate. Council Member Miller stated that what the Council was doing this evening did not affect the tax rate. On roll vote of Council Member Miller's motion to approve Option 2, Brock "aye", Cott "nay", Miller "aye", smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 4- 3 vote. The following resolution was considered: NO. R94-021 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A COMBINED FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS AND A HOME PROGRAM DESCRIPTION WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COM/~TrNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Chew seconded to approve the Combined Final Statement of Community Development Objectives and Projected Use of Funds and HOME Program Description incorporating the information included in Option 2 for the human services funding and balance of the original recommendation. On roll vote, Brock "aye", Cott ."nay", Miller "aye", smith "aye", Chew "aye", Perry "aye", and 27O City of Denton City Council Minutes June 7, 1994 Page 24 Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council considered approval of a resolution authorizing an amendment to the interlocal cooperation agreement with Denton County for shared roadway maintenance for the City of Denton and Denton County roads. Rick Svehla, Deputy City Manager, stated that the County had done some work, relative to the original agreement, in the western edge of the agreement on Hwy. 380 west. The County was proposing trading maintenance areas as noted in the agenda back-up materials. The streets which the City would be maintaining were currently in good shape and there was no difficulty''seen in undertaking the maintenance of those roads. The following resolution was considered: NO. R94-022 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR SHARED ROADWAY MAINTENANCE FOR THE CITY OF DENTON AND DENTON COUNTY ROADS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution authorizing the City Manager to execute Amendment No. 1 to the public transportation contract with the Texas Department of Transportation for funding public transportation. Joseph Portugal, Assistant to the City Manager, stated that this agreement was for an amended contract with the Texas Department of Transportation regarding Section 9 funding for public transportation for the City. Council had approved the original contract in August of 1993 for $137,462. The amendment did not change the original funding but shifted funding from one category to another. The following resolution was considered: 271 City of Denton City Council Minutes June 7, 1994 Page 25 NO. R94-023 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT NO. 1 TO THE~PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry ,aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution authorizing the City Manager to execute an arson task force interlocal agreement with the City of Lewisville, Texas; the Town of Flower Mound, Texas; the City of the Colony, Texas; and Denton County, Texas. John Co6k, Fire chief, stated that the proposal was a cooperative agreement with other cities in the area which had paid full-time arson investigators. The objective was a sharing of information and resources to combat arson. Through the cooperative efforts already started, there had been 17 arrests which had led to 13 felony indictments for arson. Council Member Perry asked if the agreement posed any liabilities on the city. Cook replied that any agreement of this type added the possibility of additional liability. As the City had only one full-time arson investigator, the agreement provided the resources of other full- time investigators. Most of the work that the other investigators would provide would be in the form of paperwork and they would not be exposed to any danger. The following resolution was considered: NO. R94-024 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ARSON TASK FORCE IN~ERLOCAL AGREEMENT WITH THE CITY OF LEWISVILLE, TEXAS, THE TOWN OF FLOWER MOUND, TEXAS, THE CITY OF THE COLONY, TEXAS, AND DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried 272 City of Denton City Council Minutes June 7, 1994 Page 26 unanimously. E. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and AirDenton, Inc. Rick Svehla, Deputy City Manager, stated that this proposal would extend the lease with AirDenton, Inc. with adjusted figures for rent, hanger fees and fuel flowage fees. The following resolution was considered: NO. R94-025 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND AIR DENTON, INC.; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 9. The Council considered approval of disposal of well sites No. 5 and 8. (The Planning and Zoning Commission and the Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that the City had two old water wells which had been abandoned and were no longer needed. This proposal would sell those wells. Perry motioned, Chew seconded to approve the disposal of Well Sites No. 5 and 8. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council considered Item #11. 11. Vision Update Mayor Pro Tem Brock stated that the consultant, Joe Lanford, had been visiting for three days regarding the Visioning project. Mr. Lanford met with each of the 6 vision impact groups and all of those meetings had been taped and were available at the public library. The themes that occurred at all of the meeting~ wa~ to focus on the vision and not on short term personal goals. The groups talked about strategic goals and not comprehensive goals. Nothing could be accomplished without choosing goals and Lanford 273 City of Denton City Council Minutes June 7, 1994 Page 27 urged each group to come up with three to six focal points. He thought Denton could succeed in a visioning project because of its good location and because many people cared about the City and where it was going. One idea suggested by Lanford, which could be used right away, was to have the public information people of the major entities of the City meet monthly to generate positive media relations about the City. This would maximize the public relations efforts. Another idea that had no cost associated with it was "linkage" in which the different entities which had a landscape budget would develop a common landscape scheme and follow an overall pattern. Another idea was to use some common graphics among the major entities such as using the same print but different colors. The impact groups would establish three to six focal points by September. Council returned to the regular agenda order. 10. The Council considered an appointment to the Board of Adjustment. Mayor Castleberry indicated that Council Member Miller had nominated Rebecca King to a regular position on the Board of Adjustment. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. Miscellaneous matters from the City Manager. A. The Council received and considered a report on the KKK proposed demonstration at MLK Park. Council Member Chew thanked all those who attended the Council meeting and assured those present that Item 8 was passed and that the American Legion funding was a part of that item. City Manager Harrell stated that Chief Jez would be providing the Council with a factual update on what had occurred regarding the request of the Klu Klux Klan. This was not a debate as to whether or not to allow the group to come to Denton but rather to accommodate their request per the First Amendment. Mike Jez, Chief of Police, stated on or about May 26, 1994 Captain Matheson was contacted by members of the Klu Klux Klan who informed him of their intent to conduct a demonstration within the city of Denton at the MLK Park on June 19, 1994 between 11:30 a.m. and 2:30 p.m. Since that time, Lt. Abbott, Director of Special Operations, had been planning, from an operational perspective, for adequate police protection for the rally. 274 City of Denton City Council Minutes June 7, 1994 Page 28 Debra Drayovitch, City Attorney, stated that Council Member Chew had asked about the legal issues that were presented by this proposed demonstration. Since May 26, 1994, when the Chief was first contacted, staff had reviewed numerous court decisions and had a tour of the area to determine the best plan to protect the rights of the adjacent residents while allowing the proposed demonstration. As Chief Jez stated, there had not been a completed application form submitted to the City. It was staff's understanding that the KKK would be requesting a permit to use the Martin Luther King, Jr. Recreation Center premises for a demonstration on June 19, 1994 for several hours. Once this initial request for an application was made, interested parties, the law enforcement officials, management, and others met to discuss the legal rights and duties of all parties. Because of the legal rights and duties incumbent upon the cities, it was most likely that a permit would be granted. She could not give any specifics because an application had not yet been received. For over 100 years the federal courts had considered streets, sidewalks, and parks to be traditional public forums for rallies and other events. Many city officials recognized that the view points of the KKK were abhorrent to most Americans. However, the First Amendment rights of freedom of assembly and speech had been interpreted by the federal courts, including the Supreme Court, to extend to all persons and groups regardless of the content of the message. Freedom of speech was protected by the Bill of Rights, throughout all the states, and enunciated the legal principles which mandated use of public facilities and services in spite of an offensive nature of the group and its message. A protestor of an unpopular message was subject only to reasonable restrictions. The federal courts had rules that it was not permissible, when considering whether to grant an injunction, to change a location because the intended audience would not be reached. The courts had also held that denial of a permit or a right to demonstrate based upon the threat of hostile bystanders was not legal. For over 25 years the courts had held that the threat of a hostile audience could not be considered in determining whether a permit would be granted or denied. The courts had held that the government had the duty to provide adequate police protection. City officials were taking the utmost steps and precautions to assure a minimal amount of disruption. However, it must be recognized that the law required the City to allow a demonstration regardless of the content of the message. Marian Hamilton brought a copy of the Constitution and felt that it could be used in a positive or negative way. Legally there was no way the City could prevent the KKK from meeting. As a community, citizens needed to recognize why the KKK chose this date of June 19th and why they chose the particular neighborhood to rally. In 275 City of Denton City Council Minutes June 7, 1994 Page 29 the southeast Denton neighborhood, the date was a solemn and jubilant day. Although the Constitution guaranteed the KKK the right to do this, good sense did not guarantee them this right. She felt that the best way to deal with the situation was to not have anyone there to see them and not give them any fuel for their fire. She suggested that Denton show, by its lack of presence, that the KKK was not welcome. Cindy Dampp stated that she was opposed to the KKK proposed demonstration at MLK. It was very inappropriate timing and she wanted to uphold their constitutional rights. But that particular place at that particular time was not right. She was not affiliated with the KKK or the southeast Denton community. She suggested allowing the KKK to demonstrate at another location and not at the proposed location. Carl Williams stated that The Bill of Rights indicated that the government could not abridge freedom of religion. The proposed date would be a Sunday and citizens would be going to church. Having the KKK come to southeast Denton on June 19th was like shouting fire in a crowded building. He asked about the rights of residents on Morse, Newton, and Wilson Streets to free exercise of religion without being hampered with barricades. He also had letters from individuals who lived next door to the MLK Center. Vanessa Sims stated that she was in opposition of the KKK demonstration in southeast Denton. As a citizen of Denton, she detested this event. She appealed to the christian community of Denton to denounce this event and to develop a strategic plan. The safety of the citizens was a concern to her as well as the reputation of Denton. The City of Denton did not need such events to taint its community. D'Juana English did not wish to address the Council but indicated her opposition to the event. David English did not wish to address the Council but indicated an opposition to the event. Harold Williams, Sr. stated that he was opposed to any rallies and marches of the KKK on the 19th of June. He felt this would be a dangerous situation and was opposed to any kind of rally from the Klan. He represented all of the veterans of southeast Denton plus members of the American Legion and his church who opposed the KKK rally. He asked that the City Council look closely at this request because it was not safe. 276 City of Denton City Council Minutes June 7, 1994 Page 30 Carl G. Young stated that he was in opposition to the KKK rally. He felt that it was dangerous and understood the legal ramifications of this request. He questioned why the KKK kept coming back to Denton. When they were in Grapevine only 30 people were there. In Denton, 300 people were there. They picked June 19th in order to receive maximum publicity. He wished the Council could vote and say that the KKK was not welcome but he knew that was illegal. He suggested that the residents not give the Klan any publicity and asked the neighbors to go to church and to stay away. Charles Anthony Gowans did not wish to speak to the Council but indicated opposition to the demonstration. Marvlous Gowans did not wish to address the Council but indicated opposition to the demonstration. Glen Gowans did not wish to address the Council but indicated opposition to the demonstration. Brian Gowans did not wish to address the Council but indicated opposition to the demonstration. Vora J. Woods did not wish to address the Council but indicated that the Klan was merely looking for problems which could be avoided. Robert Hicks stated that he opposed the meeting of the Klan. He asked for a show of hands of individuals who had served their country. Those individuals served their country with pride and dignity. He was not opposed to the Klan speaking but he was opposed to the reason they chose the date of June 19th and the location. The right had been given to the Klan and the right should be for everyone. He was appalled that they chose this kind of day to demonstrate. He hoped that everyone would chose a place to be besides the MLK Center. Daniel Morgan stated that the Klan wanted to come to his school campus but they did not show. He challenged the Council to have the Klan move to a different location. He did not understand why the Klan had to come to our neighborhoods to extend their violence. The Klan was using fear to get people to respond in violence. Willie Hudspeth stated that he was proud of the community and the area. The City Attorney had described very clearly and eloquently how the Council would cover the situation. He stated skin color did not dictate good or bad and that there were both good people and bad people. He felt like a second class citizen in Denton. Few of the Council attended the Juneteenth celebration and he invited the City of Denton City Council Minutes June 7, 1994 Page 31 Council to attend the celebration and attend the churches. Wirt Jackson stated that he was appalled that the city of Denton would consider such a demonstration to be held in the City's prominent minority community especially at a facility that was named after a leader for Black rights. He viewed the City Council action as an insult to the Black community. The southeast Denton area had been ignored and by allowing this event to take place, the Council was showing the citizens of southeast Denton that the Council was inconsiderate of the minorities in the city and that they supported such activities. He asked that the citizens of Denton to remember these inconsiderate actions by the Council at the voting polls. George Edwards stated that he realized that the Klan had not stated definitely that they would come to Denton. By coming to Denton, the KKK denied the fundamental rights of the citizens of Denton and might endanger the life and happiness of the community. The pastors of the southeast Denton Interdemoninational Ministerial Alliance questioned the wisdom of allowing an anti-black terrorist organization in the Black community at the symbolic center of the Black community and on a day which commemorated the emancipation of that Black community. Herman Wesley indicated that he did not wish to address the Council but indicated an opposition to the rally. Mayor Pro Tem Brock stated that if the Council either directly or indirectly allowed the issuance of this permit, they would be insulting certain elements of the community. She knew that the KKK was bad and abhorred what they stood for. She stated that even though we hate all that the KKK stood for, we do not apply the constitutional rights to those whose ideas we agree with. It put the Council in a very difficult situation but it did not mean that the Council was bored or did not care about the southeast Denton neighborhood. She hoped that there had been some evidence that Council did care. Shrea Catlin stated that she was a resident of southeast Denton and her children played at the MLK Center. She stated that the only way the Council could make her believe that they cared about the people in southeast Denton was for all to attend the Juneteenth events and speak against the KKK. Not talking, but showing opposition to the KKK. There would be some marching and there would be some retaliation. The Council needed to speak out for the rights of citizens. City of Denton City Council Minutes June 7, 1994 Page 32 Jewell James stated that when the Klan came to Denton several months ago they were asked to go to another location because of a children's parade. What was the difference with this request. Her children played up and down the streets in the area. If there was an element of danger when they came before, that element of danger still existed. Would they have to tell their children that they had to stay off the streets during the time of the rally. There would be many children in the area and could the Council guarantee the safety of the children. Council Member Cott asked if the event could be moved to another location and felt that it was time to study the situation as the City was caught by surprise all of the time. Mayor Castleberry indicated that he had three letters regarding the issue which he read to the Council. Council Member Cott stated that the City was not caught by surprise by the request. The surprise was that they kept coming back. Council Member Miller stated that he was very sorry that an expression of concern was observed as an expression of boredom. If there was a way to get around this situation, in a constitutional manner and to uphold the rights of all citizens, the City would do this. This has been researched by many cities. Juneteenth Day in southeast Denton was a terrible time for such an event to take place. He indicated that he would be in Council Member Chew's church on that day. Council Member Chew asked if the police had tried to discourage the KKK from using the MLK Center. Mike Jez, Chief of Police, stated that his impression was that the KKK was returning to Denton based on the response they received in Denton on their first rally. Denton police officers observed the demonstration which occurred in Grapevine and there were approximately 30 participants and one newspaper article prior to the demonstration in Grapevine. The City of Denton had eight newsDaDer articles concerning the Klan's aDDearance and 300 peoDle in attendance. The Klan found a forum although most of the people at the park were in opposition to the Klan. When the Klan came to make their request that they intended their protest in Denton, they knew that the MLK Center would not be occupied on that day, that there were no previous rentals and it appeared and was his opinion that they purposefully chose that site and purposefully chose that day. 279 City of Denton city Council Minutes June 7, 1994 Page 33 Council Member Chew asked if the Chief contacted the City Attorney regarding prohibiting the rally. Jez replied that he immediately met with the City Attorney's office and discussed the possibility of obtaining an injunction to stop the rally. It was his opinion that there was very little that could be done as a police agency, other than try to control the situation as best as possible. The goals were that no one be injured and that there be no arrests. Council Member Chew stated that this information needed to be told so that citizens knew that the city Council and chief of Police had researched this item thoroughly. The Supreme Court had upheld that parks and schools were areas open for protest. He felt it was a threefold negative that the Klan was coming to the area. First, it was a predominantly Black area. The second reason was that it was occurring on June 19th which was the date that Texans were told that they were free. The third reason was that it was being held at the MLK Center which was in direct opposition to what Martin Luther King stood for. But, if the rights of one were denied, the rights of others might be denied. He suggested as a City and as a Council, they urge the Klan not to rally on June 19th at the MLK Center and if they chose to do so, there was nothing legally which could be done. All people must urge all citizens to ignore the KKK rally at the Center and to restrain the young people from attending. If there was no audience, the Klan would not return to Denton. He suggested that from now until the time KKK got a permit, every avenue must be investigated to see if there would be a way to prevent them from coming to southeast Denton and the MLK Center. Richard Davenport stated that he would like to fill out an application for the right to assemble at the MLK Center for a freedom demonstration on June 19th for as many hours as possible. Marian Hamilton stated that Council Member Chew's comments about setting precedents reminded her about the precedents set by Council in denying permits in the Fry Street Fair request. The permits were denied in those cases, based on neighborhood opposition of the businessmen in the area. She felt that in a residential neighborhood, the protests of those who lived in that area should bear equal weight. If a precedent was needed, the Council should use that one which the Council used successfully in the past. Mayor Pro Tem Brock stated that the Fry Street Fair was not a demonstration in a public place. They were asking for the streets to be closed which was a different matter. Last year the Council denied the request to close the streets and the Fair was held on private property in the area. The organizers of the Fry Street 28O City of Denton City Council Minutes June 7, 1994 Page 34 Fair were not asking for a demonstration or a rally in a public place. David English asked that if a formal application from the KKK had not been received, could they have their own rally. City Attorney Drayovitch replied that there would be no problem with the application for a permit. The Police Department would have to approve the application as they would with any application. ·here would still be a possibility that there could be two demonstrations at one time. English replied that if they had the ~irst application and the foremost right to be there, then the Klan rally would be destructive to their rally. If the Klan came out and disrupted their rally, would they be considered the troublemakers. City Attorney Drayovitch stated that the ordinances did not address troublemakers but did address the right to assemble. It would be quite possible, even if the Klan had an application completed, that another group could submit an application and the City would be forced to accommodate both groups. The Council took a brief recess. Herman Wesley asked about reserving the facility. Even if a portion of the park were reserved, would that preclude the Klan from reserving a portion of the park as well. He asked if there was a maximum number of people who could reserve the park. City Attorney Drayovitch stated that she had not encountered such a situation and was not aware of the maximums. City Manager Harrell stated that from the Chief's standpoint and City administration standpoint, it was being advised that the number of people in the area be kept to a bare minimum. The best way would be to make this a non-event.. Wesley stated that if the Klan reservation was not completed and the park was reserved to capacity, the request from the Klan might be circumvented. Willie McDade did not wish to address Council but was in opposition to the rally. Robert Hydler stated that he understand the legal precedence which had been set in other places. He felt it was possible to challenge a legal precedent. He urged the Council to challenge the legal 281 City of Denton City Council Minutes June 7, 1994 Page 35 precedent based on right and wrong or safety. Anthony Sims asked if the residents would have access to the area in order to pick up and drop off people for church. city Manager Harrell stated that the Police Department was still in the process of formulating their plans for controlling the event. He suggested contacting the Chief to make sure that this was facilitated. sims stated that he was on the Denton ISD Redistricting Committee and that racial tensions were very high as a result of the redistricting. He felt that allowing the KKK to come in would be like taking a step backwards. He strongly urged the Council and all citizens who believe that all should be treated equally, to stand up against this particular rally. This rally would be a slap in the face to all who lived in the community. He felt that this would be wrong. Mayor Castleberry stated that the Council was concerned and those speakers who indicated that the Council was not interested were wrong. The Council had to keep a cool head and could not jump up and holler and get the right decisions made. It was time for all to realize that it was a tough situation and these seven Council members and management were going to do the best possible for the whole community. The Council was just as unhappy when this rally occurred the last time at the civic Center Park. Everybody could help the cooler heads to prevail because no one wanted problems. Some things had been said that makes the Klan want to be here. The best which could be done would be to ignore the event because all the Klan was looking for was publicity. He hoped that all ministers in the City would work towards people staying cool and calm. He asked that all citizens work together and to not think that the Council was not concerned. City Attorney Drayovitch felt that she might not have made it clear enough that in the 50 Court decisions she had reviewed, that the Courts had held consistently in favor of the KKK and against cities or counties which tried to deny a right to demonstrate or to change or restrict a parade route. In all of those court decisions, the KKK received the publicity of that victory as well as recovering court fees against the city. The idea of moving locations was the first thing discussed with the chief of Police. The first two cases she reviewed were the Skokie, Illinois case where the Nazis marched down a street in a Jewish neighborhood and the case in which Martin Luther King was allowed to march in a white neighborhood in Chicago. The Courts had ruled that the threat of safety and injury was the police department's responsibility. 282 City of Denton City Council Minutes June 7, 1994 Page 36 B. Harrell reviewed the agenda for the annual planning session. 13. There was no official action taken on Executive Session Items discussed during the Work Session Executive Session. 14. New Business The following items of New Business were suggested by Council Members for future agendas~ A. Council Member Brock suggested an evaluation and reconsideration of the procedure used for making appointments for Boards and Commissions. B. Council Member Brock suggested looking at a set of priorities or guidelines for determining human services funding because of confusion on this year's issues. C. Council Member Miller suggested looking at the City's tornado warning system. D. Council Member Miller suggested a report regarding the revenue received from the Civic Center since the change in rental policy. 15. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned at 11:25 p.m. 283 284 285 '286 2.87 "'- "' ~ '~ ~ "8 "~,..,, '~ ~ ~ > .~ ~ 288 89 29 291