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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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:
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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
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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.
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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,
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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.
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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.
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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.
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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.
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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
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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.
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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
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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:
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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