Minutes December 06, 1994245
CITY OF DENTON CITY COUNCIL MINUTES
December 6, 1994
The Council convened into the Closed Meeting on Tuesday, December
6, 1994 at 5:15 p.m. in the civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Smith, Perry, Miller, Chew and Cott.
Absent:
1.
None
The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
Held a discussion regarding a response to the
letter of November 10, 1994 to Lloyd V. Harrell
from GTE relating ~to Article 13 of the City
Charter.
Held a discussion regarding legal implications that
arise from implementing a random drug testing
policy.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into the Work Session on Tuesday, December 6,
1994 at 6:00 p.m. in the city Council Chambers.
1. Council received a report from Melvin Willis regarding the GTE
franchise agreement.
Mayor Castleberry mentioned that the item was worded on the agenda
so that the Council could only ask questions.
Melvin Willis of GTE thanked the City Council for the opportunity
to address them. He said he was disappointed at the Council's vote
at the previous meeting. He discussed three areas with the Council
including GTE's presence in the community, existing right-of-way
agreement, and the issues that related to the dispute. Willis said
GTE had always tried to be a good corporate citizen in the
community. They have more than 250 employees with an annual
payroll of more than $10 million. Donations over the last three
years had been $111,000 to various organizations along with the
volunteer hours the employees spent in the community. Mr. Willis
said GTE had a significant presence in Denton and felt it was a
direct benefit to the city of Denton. In the past year they paid
$281,280 in ad valorem taxes, $236,819 in sales tax and $132,614
municipal waterway fees for a total $650,713 to the city. The
provisions of the current agreement dated back to 1949. Willis
said the agreement clearly stated that the fee was based only on
246
City of Denton City Council Minutes
December 6, 1994
Page 2
local service revenues. From 1949 to 1983 GTE paid the City on
local revenues only. The current agreement which contained
virtually the same language, Willis said the City never brought to
their attention that any changes were intended or that the
agreement was in violation of the City Charter. Willis said as a
citizen of Denton he felt the City Charter was designed to protect
the citizens. He said it appeared that the City was using the
charter against the citizen. Willis said the PUC allowed them to
pass all right-of-way fees on to the citizen. Willis was not sure
the Council wanted what they were asking GTE to do. Willis said
Denton would be the only City in Texas charging right-of-way fees
on long distance fees. He did not feel that would be good for
economic development.
Don Williams, Manager of Municipal Affairs at GTE, continued the
presentation. He also thanked the Council for allowing them to
present their side of the story. He addressed the basis of the
dispute which included what accounts were included in the base on
which they pay the City and not the excess revenue amount. The
auditor suggested that excess revenues should be included but they
had not explained what had changed from the 1949 language. GTE did
not negotiate to include those revenues. Williams said the
Council's resolution asked for the amount of access revenues but to
GTE that was not the question. Providing that information to the
City would not resolve the dispute. The question should be what
accounts should be included in the base they pay the City.
Williams said in 1984 there was a telecommunications revolution
called the divestiture of the Bell Companies. Prior to 1984 toll
revenues were all recorded in one pool of money. Following the
divestiture the same toll revenues were divided into two accounts,
access and toll revenues. There was no municipal right-of-way fee
assessed on toll revenues before the divestiture. The position of
GTE was that there should be none assessed afterwards. Willis said
there had been no change in the way GTE used the right-of-way and
no change in the way customers used the right-of-way. Divestiture
and the access revenues was strictly an accounting change and GTE
did not come in to some win fall revenues as a result. The $2.8
million that had been referred to represents a wind shear to the
customers that they would ultimately be the ones to Day any fees
assessed by the Council. Williams said GTE had not been collecting
right-of-way fee on access revenues. Their objective was to
collect and recover the cost strictly on the local revenues they
record. He said by the PUC tariff they could only recover the fees
assessed by the Council from the citizens inside the City limits of
Denton. The citizens of Denton do not contribute to the fees that
may have been assessed by surrounding cities or anywhere else and
likewise those citizens do not contribute to the fees the citizens
of Denton might be assessed. Location codes and tax districts were
247
City of Denton city Council Minutes
December 6, 1994
Page 3
used to identify the citizens inside the city limits. GTE provided
detailed information that included all of the revenues by location
and tax district and account code to the Staff and the auditor
based on their request. Williams said GTE looked at the total
local revenues minus 2% of the revenues (not including
uncollectible revenues) to determine the amount owed to the City.
Williams also responded to a question of a Council Member from a
previous meeting regarding why GTE's fees had not increased in
comparison to the other utilities. He said there were two reasons
for that. First, in 1989 GTE had a major rate reduction due to a
reduction in revenues. He said one of the benefits to GTE's
proposal to the City was that there would be a flat, fixed fee that
would grow over the life of the agreement and protect the City from
rate cases or any other activity. He said several of the revenues.
had been subject to deregulation and like other businesses in the
competitive environment they do not always retain the customers or
revenue trends. When comparing Denton to other metroplex cities
Denton had a 2% rate while some of the others had a 4% rate. He
also emphasized that none of the other cities in the metroplex or
any where in the state included access revenues in the base. He
said it was up to the Council to achieve comparability to the other
cities in the metroplex. Williams said GTE recognized that prior
Councils approved a lower rate which created a favorable business
environment for GTE and was one of the reasons employee levels grew
in Denton as compared to some of the other GTE cities. He also
recognized that the fees fluctuated due to deregulation and rate
cases and again stated that was the basis for the flat rate
proposal. He said the rate would stay the same regardless of
deregulation and rate cases. The proposal would also include a
growth factor so the City would have a good solid base for
projecting future revenues. Williams said GTE was willing to
negotiate a comparable fee but those fees must keep GTE competitive
in the marketplace. He said they were willing to look at different
fee structures and would like to have a mutual release of liability
from prior right-of-way agreements, not a blanket across the board
release of liability. Williams said that was about the second time
in 10 years GTE had been through a review with the City and they
did not want to have to come back to revisit those areas again.
Another advantage to the flat fee proposal would be the elimination
of audit costs since GTE would pay one fee. If GTE did not pay the
amount the city would have a solid contract to say that was owed.
Williams said most of the major cities in Texas adopted the flat
fee agreement about a year and a half ago. He also stated that few
cities in Texas opted to file suits to include access revenues.
The settlement with Garland did not include access revenues. The
Garland contract had expired been approximately 6 years and any
settlement could have included loss of revenues during that time
period. In 1988, GTE paid Denton $220,000 for what they thought
248
City of Denton City Council Minutes
December 6, 1994
Page 4
they thought was a settlement of right-of-way disputes they never
paid to the City. Williams said there were major differences
between the Garland and Denton situations.
Willis stated that in the broadest of terms there would be few
dollars coming to the City in comparison to Garland. He said much
of the settlement with Garland provided economic incentives for the
community. GTE was always willing to consider economic development
opportunities with any City it served. Willis said they told the
Staff several times GTE would rather spend it's limited resources
on constructive projects that would benefit both the City and GTE.
He encouraged the Council to pursue a more positive role in the
negotiations, he said GTE wanted to partner with the City for
economic growth.
Council Member Miller wanted to know if access fees was in dispute
with the Bell system with some cities.
Williams responded that he was not completely familiar with all of
the issues involved in the Bell cases. He said that his basic
understanding was that cities had asked to include access revenues
in the base, which Bell pays particular cities.
Miller asked if it was true that the franchise fee was not based on
access revenues anywhere in the state.
Williams said he could not respond for Bell but within GTE that was
the case.
Miller wanted to know what the 2% franchise fee charge on the phone
bill was based on. Secondly, he asked if that was the amount
collected over the years and was in dispute. Miller also asked if
all of that money collected had been given to the City.
Williams said GTE includes 2% all of the revenues that bump to the
local revenue accounts and that money had been given to the City.
Miller asked if the City would be able to verify through audits
that the City had received all the money it should be collecting.
Williams said he had not seen the auditors work papers. The
information GTE provided to City Manager Harrell and Acting City
Attorney Bucek summarized the total revenue billed. He said he
reviewed revenues on a customer by customer basis to determine the
amount.
Miller asked if the City was getting the records needed to verify
the base on which the revenues were collected.
249
city of Denton city Council Minutes
December 6, 1994
Page 5
Williams said the only item of the 10 or 15 requested by the
auditor that GTE had failed to respond on was the access revenues.
Harrell stated that was not correct. He said there were a number
of items the City had not received response to. The representation
from the auditing firm hired by the Council said the information in
the format provided by GTE did not give them the confidence level
to certify that the correct amount had been paid. The detail in
which GTE had been willing to provide revenue numbers was in
dispute. Mr. Williams said GTE had been forthcoming with what he
summarized and represented to be the revenues obtained by GTE
within the City but the auditors asked to see a detailed breakdown
by account code of various revenues that came in from GTE. That
information was not provided and therefore his representation to.
Staff was that he could not respond affirmatively to Miller's
question.
Williams said he was under the impression that the information
provided in the initial response lacked several pieces of
information. At subsequent meetings they presented information by
revenue account, location code and tax district of the revenues
recorded for the period they did a detailed review. Williams said
he was surprised that he had not provided what the Staff wanted
other than access revenues.
Acting City Attorney Bucek stated that the problem was GTE's focus
on access and long distance. The audit showed a shortage in basic
services and also certain miscellaneous services that the 2% would
apply to. Bucek said more importantly, the problem was that the
information was only provided from 1988 forward and the franchise
was from 1983 forward.
Williams agreed that they had not provided anything prior to 1988
because their position was that when GTE paid the $220,000 to the
City in 1988 that was in settlement of the disputes that were
there. GTE did not see the reasoning in rehashing that same
information.
Miller said he wanted to understand where the numbers came from and
from where the money was generated. He asked if there was an
increase in the base would that money come from the customers.
Williams said the customer's bill would reflect an increase if the
City chose to assess a fee on GTE.
Miller asked if the information provided by GTE would allow the
auditors to verify the base. Miller said he was also paying sales
tax on an even larger number. He wanted to know if other cities
charged a sales tax.
25O
City of Denton City Council Minutes
December 6, 1994
Page 6
Williams said the sales tax was an option that each Council had.
The Council could rescind the exclusion which Denton did.
Miller asked if it was common among cities to collect the sales tax
like Denton.
Williams responded that most cities did collect the sales tax but
he would have to get the exact number.
Miller asked Harrell if the disagreement was with the information
that had been presented for auditing purposes.
Harrell responded that was correct. He said on February 10, 1994,
at Council's direction a request for information was sent to GTE
with 14 pieces of information noted. On March 23 GTE stated their
position on which of those items they would be willing to respond
to and those which they would not. In subsequent negotiations they
have not been able to get over that obstacle. The auditors
represented that in order to do the work the Council employed them
to do they needed access to the information spelled out in the
correspondence of February 10. GTE took the position that some of
the information was not relevant to the City. The auditors had not
been able to make that determination. GTE made the determination.
Secondly, as Bucek mentioned, GTE determined no records prior to
1988 would be furnished to the City despite the request by the
auditor and the Manager on the Council's behalf because of the
payment made in 1988 in a subsequent audit. Harrell mentioned that
the audit alluded to the access and other fees but that was not the
basis on which the settlement was made. The basis was on those
things the company and the City agreed were underpayments by GTE.
Miller asked if it was on the basis that the auditors felt the
customers had paid on those and therefore the City wanted to audit
to make sure the revenues had been collected and not turned over to
the City.
Harrell said it was his understanding that the issue to make the
determination as to the payment by the customer and whether all of
that information had been related to the City. Secondly, it was to
determine whether GTE had included in their base for the
calculation of the 2% all of the charges that rightfully should
have been included.
Williams responded that the information GTE said was irrelevant was
primarily the access revenues. There were certain pieces of
information requested that he did not have access to such as the
directories, companies' financials but they needed to be contacted
directly to get that information. They felt the information
251
City of Denton City Council Minutes
December 6, 1994
Page 7
requested prior to 1988 had already been reviewed during that time
period.
Council Member Cott asked if the original agreement was so firm,
why was it that so many cities had the same problem.
Williams said he did not know why the other cities were suing. In
October of 1949 was when he found the first ordinance passed by the
City Council of Denton referring to the local exchange telephone
transmission service. At the same meeting the Council also set the
local rates which would lend support that the agreement was only
for local rates. He said for 45 years GTE operated under that
scenario.
Cott commented that perhaps the solution was not just in the Denton
area. He suggested GTE would need to look beyond Denton. He
suggested that if they settled with the City perhaps the City could
help them work out it out.
Williams responded that the question had been raised by several
cities and hind site was 20/20 in regard to the contract. He said
that was one of the reasons they were proposing the flat fee and
Bell had gone with the flat fee.
Council Member Smith asked if going to the flat fee in any way
settled what should be covered in the fee. She thought that was
part of the question before them.
Williams responded that basically the Council would determine what
fee they would charge GTE for the use of the right-of-way.
Whatever basis the Council wanted to use to come up with that
amount needed to be determined by Council. He said they would be
willing to work with the Staff and Council. The fee that would
ultimately be negotiated would be a set amount not subject to a
percentage of this or that.
Harrell commented to Williams that one of the things that was so
bothersome was that the auditors did ask for information from 1983
forward. He said the reason that information was so important was
to confirm GTE's position that things had really not changed after
the divestiture and GTE was still paying on the same revenue base.
He asked how the City was to guarantee that their statement was
correct if they were not willing to make the records from 1983
available to the City.
Williams responded that they did not pay a percentage of the fee on
total revenues prior to 1983 and the total revenues after that time
they would not pay a percentage on.
252
city of Denton City Council Minutes
December 6, 1994
Page 8
Harrell stated that the auditors asked for a number of revenue
codes, one being access fees along with a host of other revenue
sources from 1983 forward. It was his understanding that it was to
confirm the position that GTE was paying on the same accounts as
before the divestiture. Not supplying that data makes it
impossible for an objective third party to come to that conclusion
without simply taking GTE's word.
Williams said the City did an audit of GTE and they paid. In
regard to the local fees he asked why the auditor couldn't rely on
the work papers from the previous auditor. He said they came up
with a $220,000 settlement based on the auditor's findings. The
access fees were not relevant prior to 1983 so they did not feel it
was relevant then.
Council Member Chew asked if the Council could expect to receive
the 14 pieces of information in the future.
Williams responded that there were certain pieces of information he
did not have access to because it was separate from GTE. He
suggested that some of the information was public information and
the auditor could just as easily get the information.
Chew asked if any of the other cities requested the information the
Council had requested.
Williams said yes and they had been denied as well.
Chew asked if the information could be obtained if a request was
made to the other companies.
Council Member Perry said Williams used the term right-of-way
several times but he thought the issue was the franchise agreement.
Williams responded that the City does not franchise GTE as it would
a cable company. He said they are before the Council to negotiate
an agreement for the use of the right-of-way within the city
limits.
Perry asked Williams if he was familiar with the ordinance. He
said the ordinance was a franchise agreement. Perry also asked
about the flat fee proposed by Williams. Perry said he understood
one of the reasons for offering the flat fee would be more
objective and more stable. He asked if the fee was figured as a
percentage of local revenue, why would there be any variation from
objectivity.
Williams responded that the numbers were very objective. The ~--
253
city of Denton City Council Minutes
December 6, 1994
Page 9
method of calculating what that fee would be was a very time
consuming process. He said any number of errors might occur. With
a flat fee GTE would pay the City a certain amount of dollars or
they would be in violation of the ordinance Council would have
passed. Williams said quite a few cities in Texas, GTE and
Southwestern Bell have gone to the flat fee because it saved so
much time for them. Another benefit to City would be that the city
would know the amount of revenue to be received for the life of the
agreement.
Perry said his question concerned the objectivity of the process.
Perry also asked Williams if their basis for denying access to
information was based on his comment that they had paid a
settlement prior to 1988.
Williams said they had not heard anything else from the Staff
regarding the matter from 1988 until February of 1994. As far as
they were concerned it was a closed deal.
Bucek said the number 1 question on the February 10, 1994 letter
was "Please produce a complete copy of your current revenue account
manual. Please also produce a copy of your revenue account manual
that was in effect on December 31, 1983." Bucek asked Williams if
he was saying they would not produce the revenue account manual for
December 31, 1983.
Williams responded no. He said in 1984 there was the access
revenue issue previously discussed. In 1987 the FCC ordered a new
chart of accounts, FCC part 32, that all telephone companies had to
convert to. Williams said what was recorded prior to 1987 was on
a part 31 chart of accounts so those accounts may be slightly
different from the current.
Bucek said the Council retained an auditor that had the expertise
to decipher through those things. He again asked if the document
that was the revenue account manual for December 31, 1983 existed
and could he supply it.
Williams said he did not personally have a copy and did not know if
one existed in GTE.
Bucek stated that the records request was supplied to GTE on
February 10, 1994. He asked Williams if he was saying from that
time to date he had been unable to determine if the document was
available.
Williams stated that the response provided in March GTE stated that
because of the changes they would not be providing that
254
City of Denton City Council Minutes
December 6, 1994
Page 10
information. He said the city did retain an auditor that came in
to do a review of that time period.
Bucek said at that time the City was not given the revenue manual.
He asked if the City could confirm that the revenue account manual
was not received during that audit would it now be supplied.
Williams responded no.
Cott asked if the $220,000 was about 2% of the revenues collected
in 1988.
Mayor Castleberry thanked Willis and Williams for answering the
Council's questions.
2. Council received a report, held a discussion and gave staff
direction regarding implementation of a random drug testing program
effective January 1, 1995.
Tom Klinck, Director of Human Resources said the Department of
Transportation passed and implemented rules for drug and alcohol
testing for over the road drivers involved in commerce called
Omnibus Transportation Employee Testing Act, OTA. He said that act
had been extended to local governments and others with commercial
drivers of 50 or more effective January 1, 1995. Other commercial
drivers would be affected by January 1996. Klinck said the drug
and alcohol program could be very beneficial to the organization.
However he indicated that it was an unfunded mandate the city had
to pay for. The required testing areas were pre-employment, post
accident, random, reasonable suspicion, and return to duty. Klinck
stated that the City had a program of return to duty. If there was
a positive test certain criteria would be required prior to the
employee returning to work. Klinck stated that the City had a
program in place that covered pre-employment, post accident and
reasonable suspicion. The law and regulations covered commercial
drivers that operate 26,000 or more pound vehicles, 16 plus
passenger vehicles, and any vehicle transporting hazardous
materials. The DOT requires that commercial drivers be asked if
they had a positive test in the past. A release of information
from previous employers would be needed within 14 days. The
required drug test was a urine and National Institute of Drug Abuse
(NIDA) test, a test of certain levels of five drugs recognized to
impair someone's ability to perform the job. The law requires a
breath test. The City looks at previous employer records, driving
record check through the State, and a NIDA 5-plus. Klinck said the
City's test was more comprehensive than what was required by the
DOT. The city does not do a pre-employment alcohol test. Under
DOT requirements for post accident testing both a drug and alcohol
255
City of Denton City Council Minutes
December 6, 1994
Page 11
test was required. The alcohol test must be completed on the scene
only in the event of a death, if the driver was cited, care was
given away from the scene, or the vehicle was towed. Testing must
be conducted.within 2 hours with a maximum of 8 hours to complete
the test for alcohol and 32 hours to complete the drug test. The
City policy was to conduct a drug test unless alcohol was
suspected, in case of injury or death, if property damage exceeds
$1,000, or the employee appeared to violate a worker safety rule.
Cott asked if there was a requirement as to who would give the
test.
Klinck responded that Staff would get to that momentarily. He
continued with the reasonable suspicion testing under the DOT
requirements which included drug or alcohol test. The test could
only be conducted under DOT rules if it had been observed by the
supervisor. The City policy includes a drug or alcohol test
depending on the suspicion by the supervisor, fellow employee, or
a citizen.
Nancy Leghler, Human Resource Specialists, discussed the mandatory
requirements for the random drug testing for drug and alcohol test
for the Commercial Driver's License (CDL) holder pool of employees.
She said it was mandatory that 50% of the pool be tested for drugs
with the NIDA-5 test and 25% of the pool for alcohol beginning
January 1, 1995. If the city retains a violation rate below 1% for
drugs and .05% for alcohol there could be a decrease in the
percentage of required random testing. Testing for the drugs could
happen at any time. Leghler said there was no specific criteria on
when the employee could be tested. The alcohol test had to be
conducted at the beginning and the end of their operating the
equipment.
Miller asked how the 50% was determined.
Leghler responded that the 50% had to occur in a one year period
with 50% of the pool being tested in the last quarter of the year
for the DOT regulations. Leghler said there were approximately 191
in the pool so about 100 tests would be conducted for drugs over a
12 month period. She stated that the pool of applicants would be
regenerated each time using the same 191 people so there was a
random possibility that someone could be chosen more than once.
Leghler stated that part of the proposed program involved drug and
alcohol testing for safety sensitive positions using the same
guidelines as required by DOT. The recommended pool included those
who use deadly weapons, fire department employees, overhead and
underground utility and water employees. Leghler said Staff was
not recommending approval for incidental driving, 3 times or less
256
City of Denton City Council Minutes
December 6, 1994
Page 12
per week. Leghler explained that if an employee tested positively
for a random drug test they would be removed from their duties
immediately. They will be referred to the employee assistance
program. There may be disciplinary action. Guidelines requires
that certified DOT equipment be used and that test be conducted by
certified technicians. Leghler stated the in terms of record
keeping, separate files have to be maintained for DOT random
testing. Positive and negative test should be reported on federal
forms.
Klinck stated that the testing would have an impact on Staff time
including employees pulled away from their jobs to be tested and
the Staff conducting the test. Klinck proposed that Staff
implement the DOT drug and alcohol testing for those CDL holders
beginning January 1, 1995. Staff also recommended that random
testing requirements under DOT be expanded to cover employees in
safety sensitive positions increasing the pool to 442 employees.
Klinck recommended the purchase of an EBT and a certified trainer/
operator for approximately $6,800.
Miller motioned, Cott seconded to direct Staff to implement the
drug testing program and to include employees that drive on an
occasional basis be included in the testing. On roll vote, Cott
"aye", Brock "aye", Miller "aye", Castleberry "nay", Perry "aye",
Chew "nay", Smith "aye". Motion passed with 5-2 vote.
3. Council received a report, held a discussion and gave staff
direction regarding a proposal to temporarily close the library
facility to bar code the library collection.
Eva Poole, Director of Library Services, reported that the Staff
of the Emily Fowler Library was busily planning for the
implementation of its first on-line automated system. She said
they completed the hardware selection and acquisition in August
1994, pre-installation of software and hardware preparation
September 15 - October 15, and the retrospective conversion
scheduled for completion December 15, 1994. Poole said bar coding
the collection was the next task to be completed before the
automated system could go on-line. There were approximately
131,657 items in the total library collection to be bar coded.
Poole said attaching a bar code to each of those items in the
collection was a necessary step in the implementation of the
automated system. She explained that the bar code was essentially
the control number for each item and applying them was a tedious,
labor intensive process that would require ¢los~ attention to
detail. The match between the item and the bar code must be exact
otherwise errors would result in circulation records. Since March
1994, the Staff visited other Libraries in the metroplex to
257
City of Denton City Council Minutes
December 6, 1994
Page 13
determine the best plan of action for the bar coding process.
Poole said system administrators and library directors from the
various libraries said closing their facility to initiate the bar
coding project was considered the best method of accomplishing the
bar coding project. With extensive publicity and public awareness
the residents from the areas supported the action realizing they
would receive a greater benefit of return when the facilities
reopened. Poole said great consideration was given to the effect
the closing of Emily Fowler would have on customers. Many options
were discussed but proved unsatisfactory. Poole indicated that
hiring temporary workers would cost an estimated $17,000 not
including administrative costs of recruiting and training an
outside work force. Supervision of the workers would still have to
be conducted by Library personnel. Utilizing volunteers also
proved unsatisfactory because of the cost of supervision and
training, the lack of quality control and the labor intensity of
the project. She said volunteers usually like to do fun things.
Because of the limitations of Staff, adding the bar coding project
to their workload would not allow them to provide assistance with
the building open and do the bar coding at the same time. Poole
explained that closing on Saturday also proved unsatisfactory as it
would take at least 10 weeks or 2.5 months to complete the process.
She said that options would also result in 6 day work weeks for the
Staff or making every weekday a half workday severely limiting
customer service. She explained that closing on Saturday would
also leave the heavy Saturday only clientele without service during
the duration of the project. Poole said as a result of the survey
and the other option considered the Denton Library Board and the
Executive Board of the Friends of the Emily Fowler Public Library
all recommend closing the Library for a two week period in January.
The schedule of closing proposed was January 17, 1995 through
January 21, 1995 and January 23, 1995 - January 28, 1995. With the
proposed closing, installation of the automated system would be
completed in a timely fashion, no additional salary cost would be
incurred, library staff would be utilized full time, and it would
have the least impact on public service. Pool said DISD libraries
and teachers said the proposed closing would have the least impact
on their students because they would be beginning a new semester.
The degree of efficiency would be the highest that could be
expected since experienced library personnel familiar with the
existing collection would be doing the work. Poole said with
Council's approval Staff would distribute a flyer to all of the
entities listed in the publicity action plan listed in the backup
information which stated Staff's apology for the inconvenience of
closing the library to bar code the collection. Poole reviewed the
automation time line upon completion of the bar coding project
which concluded with online with all modules March 1, 1995.
258
City of Denton City Council Minutes
December 6, 1994
Page 14
Cott asked if the time line included the Branch Library.
Poole responded that it did.
Perry motioned, Chew seconded for approval of the proposal. On
roll vote, Cott "aye", Brock "aye", Miller "aye", Castleberry
"aye", Perry "aye", Chew "aye", Smith "aye ". Motion passed
unanimously.
4. Council held a discussion and gave staff direction regarding
Council attendance at the UNT and TWU Board of Regents meetings.
Mayor Castleberry said the item was discussed at as previous
Council Meeting which resulted in a 3-3 vote. The policy of the.
Council was to bring the item back at a subsequent meeting.
Brock motioned, Miller seconded to approve a policy having a
Council Member regularly attend the UNT and TWU Regents meetings.
Smith asked if the motion indicated compulsory attendance as
opposed to voluntary attendance.
Brock said she could not see requiring a Council Member to attend
the meetings if they did not want to.
Smith wondered if an ordinance was needed since they were open
meetings and anyone that wanted to go could do so.
Brock said they could go at any time but she looked at it as a
person going as an official representative of the Council to act as
a liaison for reporting back to the Council and transmitting
messages.
Smith felt that could be done on a voluntary basis very easily
without anything set in cement.
Brock agreed that Council could attend on a voluntary basis but the
point in proposing the item was to bring about a closer working
relationship with the two. It was not to imply there was not a
good relationship but it could be closer and more effective.
Smith stated that she understood the desire for a closer
relationship. She thought that by one of the Council Members
attending as a representative of the City Council they could be put
in a difficult situation since that person would not be able to
state Council's position. It would be difficult for that person to
state the Council's position or to even answer questions on behalf
of the Council if asked.
259
City of Denton City Council Minutes
December 6, 1994
Page 15
Brock said she assumed there would not be any representation of
City interest unless it were an agenda item that would have to be
approved by the Council.
Cott indicated that Smith stated his position almost exactly.
Perry commented that the Council has excellent relations with both
universities. If they need the Council all they need only call. He
saw no need for the representation.
Miller agreed with what was said. He suggested that Council talk
with other cities that have representation at their regents
meetings.
Mayor Castleberry mentioned that he attend those association
meetings. He said the second largest state supported university
was there and there was not a good relationship between the city
and the university at the time.
Smith said she was at the same meeting Miller referred to and
recalled that some of that was done on an informal basis.
Brock said they did have someone assigned to regularly attend the
meeting.
On roll vote Cott "nay", Brock "aye", Miller "aye", Castleberry
"nay", Perry "nay", Chew "nay", Smith "nay ". Motioned failed with
a 2-5 vote.
5. Council held a discussion and gave staff direction regarding
rules for placing emergency Council items on an agenda.
Mayor Castleberry indicated the item had been before the Council at
a previous session and ended in a 3-3 vote. He stated the current
policy for placing an emergency item on the agenda after the agenda
committee had met. Two of the three agenda committee members would
need to determine if it was an emergency. He said other
emergencies were regulated by State law.
Miller said the request was in regard to an agenda item that would
need to be discussed at the next meeting due to the timeliness of
the issue. He mentioned an example of a Council Member voting on
the prevailing side of a motion who learned of something on
Thursday afternoon or Friday morning that would cause them to ask
for a vote for reconsideration. If the agenda committee turned it
down the item would not be able to appear in a timely manner.
26O
City of Denton City Council Minutes
December 6, 1994
Page 16
Miller motioned, Brock seconded that a Council Member be permitted
to add an agenda item prior to 1 p.m. on Friday before a Council
Meeting.
Smith added that she did not feel the current Council would have a
problem adding the item Miller mentioned. Having to get at least
2 members to agree was a safeguard. She suggested that perhaps if
there was a problem with the Agenda'Committee, the Council Member
requesting the emergency item could get two other members of the
Council to agree.
Miller agreed with Smith's suggestion and mentioned that there were
other safeguards in place to prevent a Council Member from bringing
an item up over and over again.
Perry felt the Council should be careful about a rule that would
give almost anyone anytime to declare an emergency.
Miller said it did not have to be called an emergency but something
of a timely nature that would allow a Council Member to put
something on the agenda by 1:00 p.m. Friday.
Cott said if an emergency could only be timely at a particular
meeting but beyond that can not be, it may be better to let it age
and revisit in a couple of weeks.
Mayor Castleberry felt the policy worked well and expressed
opposition to the motion.
On roll vote Cott "nay", Brock "aye", Miller "aye", Castleberry
"nay", Perry "nay", Chew "nay", Smith "nay ". Motioned failed with
a 2-5 vote.
The Council convened into a Regular Meeting at 7:08 p.m. on
Tuesday, December 6, 1994 in the Council Chambers.
Present: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Cott, Miller, Perry and Smith.
Absent: Council Member Chew
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Castleberry took the opportunity to welcome Council Member
Smith back.
261
City of Denton City Council Minutes
December 6, 1994
Page 17
2. The Council considered approval of the minutes of September
13, September 14, September 20 and September 27, 1994.
Perry motioned, smith seconded to approve the minutes. On roll
vote, Cott "aye" Brock "aye" Miller "aye", Castleberry "aye"
Perry "aye", Chew "aye", and Smith "aye". The motion carried
unanimously.
3. Mayor Castleberry presented Yard of the Month presentations
to:
Mr. and Mrs. Andre J. "Frenchy" Reault
McDonalds-University Drive
Mr. and Mrs. McKnight
4. citizens Report
A. The Council received a citizen report from Dessie Goodson
regarding general issues concerning the City.
Goodson asked a question regarding the sign ordinance. She did not
feel the ordinance was being enforced. Goodson commented that a
while back the City complained about a man having a flag on his car
and said it was against the sign ordinance. She presented a sign
that was at Oak and Fry at the Delta Lodge. She said she has a
neighbor there with 12 and 15 year old children. Goodson said that
sign did not need to be there. If the sign ordinance was not going
to be enforced for every one she suggested that the City not
complain about someone waiving a flag. She said something needed
to be done about the problems at the Delta Lodge. One day she
walked by and someone was sitting out drinking a beer and threw the
bottle in the street. On another occasions she walked by with her
dog an the guy threw a frisbee and said, "oops my aim is off".
Goodson said she responded to him by saying if he hit her, her aim
would not be off. She also asked why SPAN does not return phone
calls. She said she left 3 messages with Sharon and has not
receive a return call. The dispatcher's attitude was also bad.
There needs to be a change in the attitudes of the dispatchers and
the drivers. She said one driver, Glenn Nese wants passengers to
put change in his hand instead of the change box which wastes 2-3
minutes and runs 10-15 minutes behind schedule. She tried to
discuss these matters with Sharon but she did not return her calls.
Another driver waits at Amherst and Malone 2-3 minutes to see if
anyone from the SPAN offices wanted to get on. The driver also
speeds in the residential zones. She says he runs red lights and
caution lights. Goodson said another driver was 7 minutes late on
Saturday at Oak and Fry and then sped through one neighborhood
because she said she was running behind. The driver also ran a red
262
City of Denton City Council Minutes
December 6, 1994
Page 18
light at 1-35 and Fort Worth Drive and later by passed a trolley
stop. Goodson reminded the driver that children were aboard and
that if she could not drive any better she needed to let someone
else drive. Goodson also commented that the Fire Department needed
to get the word out that they would assist them with their fire
alarms.
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance designating the property at 1018 West Oak Street as
a historic landmark under Section 35-215, Article V of Chapter 35
of the Code of Ordinances; providing for a penalty in the maximum
amount of $2,000 for violations thereof. (The Planning and Zoning-
Commission and the Historic Landmark Commission recommend
approval.)
Jane Jenkins, Preservation Officer, said there would be 3 public
hearings on historic designations. The house being considered was
located at the corner of Oak and Fulton, 1018 West Oak. It was
owned by Charles Stafford and Judith Abbot who plans to renovate it
to be there home. The criteria from the ordinance for which the
applicants applied for historic designation was outlined in
Council's back up material. The Historic Landmark and Planning and
Zoning Commissions unanimously recommended approval. The historic
designation puts the structure under the regulatory purview of the
Historic Landmark Commission. That means whenever any exterior
alterations were made the property owner must file a certificate of
appropriateness with the Commission to get changes approved.
Because the 3 houses are in the Historic District they are under
the regulatory ordinance. The major change would be that the
property owners would now qualify for a 50% abatement of city taxes
over the next 10 years provided for historic structures.
Mayor Castleberry opened the public hearing.
Jan Stanford represented the application for 1018 West Oak.
Randall Boyd said of the numerous plans for th~ lot, h~ wa~ very
pleased to have the property back as a single family residence.
No one spoke in opposition.
The following ordinance was considered:
NO. 94-217
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING
263
city of Denton city Council Minutes
December 6, 1994
Page 19
THE PROPERTY AT 1018 WEST OAK STREET AS A HISTORIC
LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF
THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, smith seconded to approve the ordinance. On roll
vote, Cott "aye", Brock "aye", Miller "aye", Castleberry "aye",
Perry "aye", Smith "aye". The motion carried with a 6-0 vote.
smith commented that it was always a pleasure receiving the backup
information and to read the history of the homes.
Mayor Castleberry asked if the tax credit covered rental properties
as well.
Jenkins responded that the local agreement does cover rental
properties. She also stated that there were national tax credits
that only covered residences and some that only covered commercial
property.
Mayor Castleberry asked what happens when there was property within
the historic district that was not maintained properly.
Jenkins said there was a section in the ordinance that dealt with
general neglect and disrepair. She would have to come back with
specific information regarding its contents.
B. Council held a public hearing and considered adoption of
an ordinance designating the property at 1035 West Oak Street as a
historic landmark under Section 35-215, Article V of Chapter 35 of
the Code of Ordinances; providing for a penalty in the maximum
amount of $2,000 for violations thereof. (The Planning and Zoning
Commission and the Historic Landmark Commission recommend
approval.)
Jane Jenkins said the property at the corner of Welch and Oak was
commonly known as the Evers Mansion. Jenkins said many in the
community considered the house to be a community landmark. Jenkins
also mentioned that by the time the property owners had completed
their research they were certainty entitled to the tax abatement
they receive.
No one spoke for.
No one spoke in opposition.
The following ordinance was considered.
264
City of Denton City Council Minutes
December 6, 1994
Page 20
NO. 94-218
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING
THE PROPERTY LOCATED AT 1035 WEST OAK STREET AS A
HISTORIC LANDMARK UNDER SECTION 35-215, ARTICLE V OF
CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye",
Perry "aye", Smith "aye". Motion carried with a 6-0 vote.
C. Council held a public hearing and consider adoption of an
ordinance designating the property at 1004 West Oak Street as a
historic landmark under Section 35-215, Article V of Chapter 35 of
the Code of Ordinances; providing for a penalty in the maximum
amount of $2,000 for violations thereof. (The Planning and Zoning
Commission and the Historic Landmark Commission recommend
approval.)
Jenkins said the house was owned by Howard and Maggie Watt and was
probably one of the most dramatic changes seen recently in the Oak-
Hickory Historic District. They have undertaken a meticulous
restoration of the home. Jenkins said it was a show piece within
the historic district.
Randall Boyd commented that all three of the houses deserve the
historic designation. All of the houses were difficult to restore
as well as they had been. Boyd said the property owners did a
wonderful job living up to the spirit of the historic district.
No one spoke in opposition.
Mayor Castleberry closed the public hearing.
Council considered the following ordinance:
NO. 94-219
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING
THE PROPERTY LOCATED AT 1004 WEST OAK STREET AS A
HISTORIC LANDMARK UNDER SECTION 35-215, ARTICLE V OF
CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
265
City of Denton city Council Minutes
December 6, 1994
Page 21
smith motioned, Brock seconded to approve the ordinance. On roll
vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye",
Perry "aye", smith "aye". Motion carried with a 6-0 vote.
Mayor Castleberry thanked those who purchased the older homes. He
said remodeling was a great deal more difficult than building a new
home. He also complemented Mr. Stafford for his expertise on army
ordinance.
Miller also commented that it was great to see the community
spirit.
smith said the homeowners deserved a round of applause from the
community.
6. Council considered a variance to a development exaction, on
"off-site" street capacity improvement, required under provision of
Article 34-114, Section 4, paragraph (a) of the Subdivision and
Land Development Regulations. (The Planning and Zoning Commission
recommends approval.)
Frank Robbins, Executive Director for Planning and Development,
said the variance was the consequence of two provisions of the
subdivision land development regulation. In order for Council to
approve a variance, it must be determined that the requirements
were in proportion to the size and type of the proposed
development. The requirement could not exceed any reasonable
benefit to the property and must be non-confiscatory in nature. The
Code of ordinances allows the City to require improvements on
existing, surrounding streets in proportion to the traffic
generated by the proposed development. In the case of the
development in question, The Other Place, the development site was
less than 1,000 ft. from the intersection of Eagle and Bernard
Streets. Based on the traffic volumes at the intersection, and the
number of collisions, the intersection functioned at a level of
service below adequate capacity. Staff recommended that the
development be required to improve the intersection at Eagle and
Bernard by having a right turn lane stripped in the street.
Planning and Zoning unanimously recommended that the variance be
granted.
Brock wanted to be sure the staff was asking that the developer pay
$3,000 for using the curbs and restripping so there would be a
right turn lane on Bernard as you turn on to Eagle.
Robbins responded that it could have been a situation where ~he
developer could have paid to have that accomplished.
266
City of Denton City Council Minutes
December 6, 1994
Page 22
Brock asked if the $70,000 improvements at the intersection
included the traffic light and other improvements.
Robbins replied correct.
Brock also asked if the State funding would deal with the right
turn lane or would it be available when a right turn lane was
created on Eagle to turn north on Bernard.
Robbins said it would be available when a right turn lane was
created. He said the estimated time frame was two years.
Cott asked if the $70,000 was to be paid by the developer or the
City.
Robbins said that was the estimated cost to solve the problem.
Cott wanted to know if that was expected of the developer.
Robbins responded no. The developer would only be required to pay
a share of the cost which was estimated at $3,000.
Brock mentioned that sidewalks were needed in the area because
people walk through there all of the time.
Brock motioned, Cott seconded to grant variance. On roll vote,
Cott "aye", Brock "aye", Miller "aye", Castleberry "aye", Perry
"aye", Smith "aye". Motion passed with a 6-0 Vote.
Consent Agenda
A. Bids and Purchase Orders:
1. Bid #1684 - Library Furniture and Shelving
2. Bid #1686 - Library Work Stations
Smith motioned, Perry seconded for approval of the consent agenda.
On roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry
"aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote.
8. Ordinances
The following ordinance was considered under the consent agenda:
A. NO. 94-220
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
267
city of Denton City Council Minutes
December 6, 1994
Page 23
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
(7.A.1. - Bid #1684; 7.A.2. - Bid #1686)
Smith motioned, Perry seconded for approval of the consent agenda.
On roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry
"aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote.
B. Council considered adoption of an ordinance amending
Section 21-2 of the Code of Ordinances to prohibit the erection of
barbed wire fences within the city limits, other than in an area
zoned for agricultural use under Chapter 35 of the Code of
Ordinances.
Harry Persaud, Senior Planner said based on the current ordinance
it was unlawful for any person to make, build, construct or erect
barbed wire fences within the city limits. Persaud said the
proposed amendment would allow barbed wire fences to be constructed
on land zoned agriculture. Persaud said Staff felt approval would
provide consistency in the Code of Ordinances.
Cott suggested the wording be changed to say in an area used for
agriculture instead of zoned agriculture.
Persaud said when the property was zoned agriculture the use was
permitted. Once the land was zoned the land owner would not have
to come before the city to use the land for agricultural purposes.
He said Staff would not know when it would be used.
The following ordinance was considered:
NO. 94-221
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SECTION 21-2 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS TO PROHIBIT THE ERECTION OF BARBED WIRE
FENCES WITHIN THE CITY LIMITS, OTHER THAN IN AN AREA
ZONED FOR AGRICULTURAL USE UNDER CHAPTER 35 OF THE CODE
OF ORDINANCES; AND ESTABLISHING AN EFFECTIVE DATE.
Smith motioned, Perry seconded for approval of the ordinance. On
roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry
"aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote.
C. Council considered adoption of an ordinance amending
Section 6-11 of the Code of Ordinances to prohibit the keeping of
livestock for breeding purposes within the City limits, other than
in an area zoned for agricultural use under Chapter 35 of the Code
268
City of Denton City Council Minutes
December 6, 1994
Page 24
of Ordinances.
Harry Persuad said the current ordinance prohibited the keeping of
livestock within the city limits. The amendment proposes to allow
livestock for breeding purposes in areas zoned for agricultural
purposes.
The following ordinance was considered:
NO. 94-222
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SECTION 6-11 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS TO PROHIBIT THE KEEPING OF LIVESTOCK FOR
BREEDING PURPOSES WITHIN THE CITY LIMITS, OTHER THAN IN
AN AREA ZONED FOR AGRICULTURAL USE UNDER CHAPTER 35 OF
THE CODE OF ORDINANCES; AND ESTABLISHING AN EFFECTIVE
DATE.
Perry motioned, Smith seconded for approval of the ordinance. On
roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry
"aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote.
D. Council considered adoption of an ordinance amending
Section 28-297 of the Code of Ordinances to allow a 180 day grace
period, commencing upon approval of an annexation ordinance, for
owners of existing private or semipublic swimming pools, spas, or
hot tubs located within such newly annexed areas to comply with the
requirements of Subsection (5) (a) of Section 28-297 of the Code of
Ordinances.
Persaud stated that the existing swimming pool code requires
certain fencing and gate requirements. The amendment would allow
newly annexed areas 6 months to comply with the requirements.
The follow ordinance was considered:
NO. 94-223
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SECTION 28-297 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS TO ALLOW A 180-DAY GRACE PERIOD, COMMENCING
UPON APPROVAL OF AN ANNEXATION ORDINANCE, FOR OWNERS OF
EXISTING PRIVATE OR SEMIPUBLIC SWIMMING POOLS, SPAS OR
HOT TUBS LOCATED WITHIN SUCH NEWLY ANNEXED AREAS TO
COMPLY WITH THE REQUIREMENTS OF SUBSECTION (5) (a) OF
SECTION 28-297 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; AND ESTABLISHING AN EFFECTIVE DATE.
269
City of Denton City Council Minutes
December 6, 1994
Page 25
Brock motioned, Smith seconded for approval of the ordinance. On
roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry
"aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote.
E. Council considered adoption of an ordinance approving a
contract providing for the purchase of real property from Robert H.
Caldwell, Jr. and Elinor Caldwell; authorizing the expenditure of
funds therefore.
Barbara Ross, Community Development Administrator, said they have
been working for some time to acquire some property in the Owsley
neighborhood for a park. The ordinance would approve a contract
that would allow the purchase of three small lots at the corner of
Ave G and Stella. Ross said the purchase price was $30,825 and
would use CDBG funds.
Mayor Castleberry thought it was a great use of block grant funds.
The following ordinance was considered:
NO. 94-224
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE
PURCHASE OF REAL PROPERTY FROM ROBERT H. CALDWELL, JR.
AND ELINOR CALDWELL; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded for approval of the ordinance. On
roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry
"aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote.
F. Council considered adoption of an ordinance accepting the
dedication by EPIC Development Inc., of 5,000 square feet of land
for street and utility purposes. _
Robbins said the dedication was associated with over 300 acres in
the vicinity of EPIC hospital under construction in the area to the
north. It would provide a 50 foot link for Colorado Boulevard.
Robbins said normally the dedication comes before Council in the
platting process but when the property was platted the Caldwell's
did not own the property but they were required to dedicate that.
Perry asked what was the purpose accepting the dedication.s
Robbins responded that it would link Colorado Boulevard and Loop
288.
The following ordinance was considered:
27O
City of Denton City Council Minutes
December 6, 1994
Page 26
NO. 94-225
AN ORDINANCE ACCEPTING THE DEDICATION BY EPIC
DEVELOPMENT, INC. OF 5,000 SQUARE FEET OF LAND FOR STREET
AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE.
Perry motioned, Brock seconded for approval of the ordinance. On
roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry
"aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote.
G. Ccouncil considered adoption of an ordinance increasing
the contribution of employees participating in the City of Denton
Fire Fighter's Retirement System and Trust Fund.
Rick Svehla , Deputy City Manager, said the pension members took a
vote and met all of the requirements to increase their
participation from 9% to 10%. Svehla said Council approved a 4.6%
salary increase but their salary would only increase 3.6% since the
other 1% would go to the pension fund.
The following ordinance was considered:
NO. 94-226
AN ORDINANCE OF THE CITY OF DENTON, TEXAS INCREASING THE
EMPLOYEE CONTRIBUTION OF EMPLOYEES PARTICIPATING IN THE
CITY OF DENTON FIRE FIGHTERS RETIREMENT SYSTEM AND TRUST
FUND; AUTHORIZING THE PAYROLL DEDUCTION OF SUCH
CONTRIBUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Perry seconded for approval of the ordinance. On
roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry
"aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote.
H. Council considered adoption of an ordinance retaining the
law firm of Wolfe, Clark & Henderson to represent the City of
Denton in litigation pending against the City.
Bucek, Acting City Attorney, said the lawsuit involved wa~ Moore
vs. Jez et al. He said it was a federal lawsuit in the eastern
district of Texas which would be tried in Sherman. Bucek
recommended Mr. Clark's firm which was located in Sherman.
NO. 94-227
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM
OF WOLFE, CLARK & HENDERSON TO REPRESENT THE CITY OF
DENTON IN LITIGATION PENDING AGAINST THE CITY;
271
city of Denton City Council Minutes
December 6, 1994
Page 27
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
Brock motioned, smith seconded for approval of the ordinance. On
roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry
"aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote.
I. Council considered adoption of an ordinance retaining the
law firm of Wolfe, Clark & Henderson to represent the City of
Denton in litigation pending against the City.
Bucek said the case was Style Snell vs. City and Kutcher which had
also been filed in the eastern district of Texas. Staff thought it
would be appropriate for Wolfe to defense the case for the City~
NO. 94-228
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM
OF WOLFE, CLARK & HENDERSON TO REPRESENT THE CITY OF
DENTON IN LITIGATION PENDING AGAINST THE CITY;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
Brock motioned, Smith seconded for approval of the ordinance. On
roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry
"aye", Perry "aye", smith "aye". Motion carried with a 6-0 vote.
J. Council considered approval of an ordinance authorizing
the city Manager to execute a ground lease agreement between the
City of Denton, Texas and Bruce Brown for approximately 0.770 acres
of property located at the Denton Municipal Airport. (The Airport
Advisory Board recommends approval.)
Svehla indicated that the following ordinances were formerly one
lease at the Airport. Bruce Brown talked with prospects who had a
desire to take over the leases. He asked the Airport Board that
the leases be split into three pieces and that they be extended so
the prospective investors would have additional time to acquire
financing and to build buildings. Svehla said each lease was
virtually the same in language and the same as the old lease except
for the terms in the length and for the price which would escalate
every 5 years according to the CPI. In reviewing the leases
Thompson and Brown found one error on page 5 of each lease which
should read the CPI from 1990 instead of 1994.
The following ordinance was considered:
NO. 94-229
272
City of Denton City Council Minutes
December 6, 1994
Page 28
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF
DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND BRUCE BROWN FOR
APPROXIMATELY 0.770 ACRES OF PROPERTY LOCATED AT THE
DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE
DATE.
Perry motioned, Brock seconded for approval of the ordinance with
the change mentioned. On roll vote, Cott, "aye" Brock, "aye"
Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion
carried with a 6-0 vote.
K. Council considered approval of an ordinance authorizing
the City Manager to execute a ground lease agreement between the
City of Denton, Texas and Bruce Brown for approximately 0.479 acres
of property located at the Denton Municipal Airport. (The Airport
Advisory Board recommends approval.)
Council Member Cott left the meeting at 8:10 p.m.
The following ordinance was considered:
NO. 94-230
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF
DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND BRUCE BROWN FOR
APPROXIMATELY 0.479 ACRES OF PROPERTY LOCATED AT THE
DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE
DATE.
Brock motioned, Smith seconded for approval of the ordinance with
the change mentioned. On roll vote, Cott, "abstain", Brock, "aye",
Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion
carried with a 5-0-1 vote.
L. Council considered approval of an ordinance authorizing
the City Manager to execute a ground lease agreement between the
City of Denton, Texas and Bruce Brown for approximately 0.439 acres
of property located at the Denton Municipal Airport. (The Airport
Advisory Board recommends approval.)
The following ordinance was considered:
NO. 94-231
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF
DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN
273
City of Denton City Council Minutes
December 6, 1994
Page 29
THE CITY OF DENTON, TEXAS AND BRUCE BROWN FOR
APPROXIMATELY 0.439 ACRES OF PROPERTY LOCATED AT THE
DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE
DATE.
Brock motioned, Smith seconded for approval of the ordinance with
the change mentioned. On roll vote, Cott, "abstain", Brock, "aye",
Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion
carried with a 5-0-1 vote.
9. Resolutions
A. Consider approval of
television public access rules.
Board recommends approval.)
a resolution adopting cable
(The Cable Television Advisory
Cott returned to the meeting at 8:14 p.m.
Richard Foster, Public Information Officer, said the franchise
agreement between the City and Sammons Communication provides for
a public access channel. The franchise agreement states the access
channel shall be made available for non commercial use to
qualifying applicants without charge when requested in accordance
with the rules. In August of 1991 the Council passed rules for the
public access channel. Staff proposed minor changes to those
rules. Foster said the changes were precipitated by a request to
Sammons by an individual within the community to show a pre-
recorded video tape on the channel. Sammons indicated that was not
the intent of the channel. The channel was to produce local
programming. However, the rules did not specifically indicate
that. The Legal Staff reviewed the franchise agreement and the
rules that had been in effect since August 1991. The primary change
was that the agreement specified the intent of the channel being to
provide the citizens of Denton the opportunity to produce original
programming for showing on the public access channel. The Legal
Staff made other recommendations which included that no lottery
information should be supplied on the channel, no information that
would be considered obscene, establishing rules regarding the
priority of use. Those recommendation were included in the
changes.
Miller said the rules read that each program must have a script
outlining the production. He asked if that would preclude
activities such as dancing, or choral groups in the park from using
the channel.
Foster said those groups typically meet with Sammons to outline the
program. He said the channel was being used an average of 2-3
274
City of Denton City Council Minutes
December 6, 1994
Page 30
times per month a lot of which was community groups who do stage
performances.
Joe Dodd addressed the Council on the issue. He said in efforts to
keep the Klan off the public access channel, Council would be
disallowing a lot of other things that might be on there. He said
there were a number of prerecorded national things of interest to
the citizens of Denton that would never get to them unless someone
uses cable access to put them before the public. Dodd said he was
not sure the resolution does not outlaw someone who went out with
their own equipment to do a competent documentary on something very
much of interest to the community. He said that issue had come up
several times and basically limits cable access to things that were
approved of by the cable company. He does not want the cable
company to have any more control than they already have. Dodd
asked that Council send the resolution back for Staff to rewrite it
so that good things were not outlawed.
Foster stated that the rules could not be content specific. The
rule would not disqualify the Klan for instance from producing a
local program. It might however, disallow someone from bringing in
a prerecorded tape. If they wanted to make a script, put together
a program, and make arrangements with Sammons to get into the
studio. The intent was not to regulate content.
The following resolution was considered:
NO. R94-072
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING CABLE
TELEVISION PUBLIC ACCESS RULES; AND DECLARING AN
EFFECTIVE DATE.
Miller motioned, Perry seconded for approval of the ordinance. On
roll vote, Cott, "aye", Brock, "nay", Miller "aye", Castleberry
"aye", Perry "aye", Smith "aye". Motion carried with a 5-1 vote.
B. Council considered approval of a resolution adopting a
Personnel Policy relating to L~av~ for Judicial or Legal Matters.
Debra Rose, Human Resources Generalists, reviewed the provisions
and changes of the policy. Rose said the policy currently
accommodates employees who need to participate in jury duty. The
revised policy proposes to broaden that scope to include employees
that need to participate in any judicial or legal matters. The
extent of the accommodation would depend on the nature of the
leave. Leave with pay would be granted if the employee needed to
participate in jury duty, subpoenaed witness testimony on behalf of
City of Denton City Council Minutes
December 6, 1994
Page 31
275
the City or City business in the scope of employment with the City.
Leave without pay would be granted if the employee needed to
participate in judicial or legal matters of a personal nature or
claims initiated by the employee or against the City. Rose stated
that Staff was trying to bring clarification to the policy. If the
employee needed to participate in judicial or legal matters of a
personal nature and leave without pay was granted, the employee
could choose to use compensatory or vacation leave.
The following resolution was considered:
NO. R94-073
A RESOLUTION ADOPTING A PERSONNEL POLICY RELATING TO
LEAVE FOR JUDICIAL OR LEGAL MATTERS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Cott motioned, Brock seconded for approval of the ordinance. On
roll vote, Cott, "aye", Brock, "nay", Miller "aye", Castleberry
"aye", Perry "aye", Smith "aye". Motion carried with a 7-0 vote.
10. Council held a discussion and considered approval of an
annexation schedule with regard to the proposed annexation of a 1.1
acre tract being part of the right-of-way of Corbin Road and a
199.5 acre tract located east of Mayhill Road and north of Edwards
Road. (A-64 and A-68)
Persuad said the Staff proposed to annex the east part of the
right-of-way of Corbin Road. He said Svehla held discussion with
the County Commissioners on the subject. They recommended that the
City complete the annexation before closing the road. Persaud said
the second tract related to the land fill expansion program. He
said the City purchased 55 acres of that tract and has a contract
to purchase an additional 135 acres. Persuad said Staff was
beginning discussions with another land owner to annex and zone the
tract so the City could proceed with the landfill expansion
program. Persaud said the schedule required that Staff begin with
the publication of notices on December 18, 1994 and end on March
21, 1995 with final action by the Council. The City Charter
requires a 3/4 vote of the Council to successfully complete the
annexation process.
Brock said there were 8 households mentioned in the backup material
that would be effected by the Corbin Road annexation. She wanted
to know if property owners outside the proposed area would also be
informed of the process and have an opportunity to attend the
public hearings.
Persuad said those property owners would be informed at the
Council's request.
Brock thought they should be informed.
Council Member Chew joined the meeting at 8:25 p.m.
276
City of Denton City Council Minutes
December 6, 1994
Page 32
Cott asked if there were intention to fill in the damn.
Persuad responded that the proposal would be to close the dam
because of the dangers at the low water crossing. The existing
homes would be able to go on Springside and Underwood to get back
to Airport Road. In terms of distance it would be a minor
inconvenience.
Cott said the residents all want that dam.
Miller motioned, Cott seconded to approve the schedule. On roll
vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye",
Perry "aye", Chew "aye", Smith "aye". Motion carried with a 7-0
vote.
11. Council considered a nomination to the Keep Denton Beautiful
Board.
Council Member Cott said he would have a nomination at the next
meeting.
12. Vision Update
Miller reported that there was a cabinet meeting on November 28th
for 2 1/2 to 3 hours and discussed the material received from the
various impact groups. Miller said it was quite obvious that there
was a real benefit and diversity in terms of opinion and the kinds
of things that need to be done. Miller said there would probably
be a number of meetings with the cabinet over the next few months.
Miller also announced that the impact group presentations from
November would run on Channel 26. He said the programs would run
for the next two Wednesday and Thursday nights.
13. Miscellaneous matters from the City Manager.
Harrell informed Council that there had been problem with the
contractor installing a water line on Stonegate. The contractor
was given notice to cease opening any further cuts in the street
until all item had been cleaned up, repaired and brought back to
order. Further Staff was prepared to move in to get the work
finished should the contractor not comply.
Smith added that the citizens she spoke with have been very
complimentary of the City Staff that have come out to explain the
problem.
Miller asked that the contractor be spoken to regarding the way
they talk with the citizens in addition to the work they w~r~
doing. He understood that they had been rude to the citizens.
Harrell mentioned the preliminary budget number on the 93-94
preliminary budget figures. He said going into the budget process
Staff estimated excess revenue over expenditures about $100,000.
Harrell reported that the final audited number came out about
$700,000 as opposed to $100,000. He said about $500,000 of that
was increased revenues, unexpected property tax as well as $100,000
city of Denton city Council Minutes
December 6, 1994
Page 33
277
decrease in expenditure levels below the May projections. He said
the next budget year should be much like last year where there was
some flexibility due to prior year expenditures. Council could
expect the final audit in mid January.
14. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
Council did not take action on official meeting items.
15. New Business
Cott asked that the next meeting be conducted in the Civil Defense
Room instead of upstairs in the Manager's conference room.
Smith commented that it would be less claustrophobic.
The Council consented.
The meeting was adjourned with no further business.
VERONICA S. OGLESBY~_~
DEPUTY CITY SECRETARY
CITY OF DENTON