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Minutes December 20, 1994280 CITY OF DENTON CITY COUNCIL MINUTES December 20, 1994 The Council convened into a Closed Meeting on Tuesday, December 20, 1994 at 5:15 p~m. in the civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith ABSENT: None Closed Meeting: A. Legal Matters 1. -- Under TEX. GOV'T CODE Sec. 551.071 The Council 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. Considered settlement offer in Sor v. City of Denton. Considered settlement demand in David Rose v. city of Denton. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 1. Discussion regarding property acquisition on Foster Road and Edwards Road. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 Continued annual evaluations of the Alternate Municipal Judges, the Part-Time Municipal Judge, the Municipal Judge and the City Manager. The Council convened into the Work Session on Tuesday, December 20, 1994 at 6:00 p.m. in the city Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the revised policies and procedures for the Human Services Committee. City Manager Harrell stated that during the last budget discussion, the Council had expressed a concern regarding the policies and procedures governing the Human Services Committee. The Council had asked that those policies and procedures be reviewed before the 281 City of Denton city Council Minutes December 20, 1994 Page 2 next budget session. Staff was needing direction regarding how Council would like to proceed. Sandy Kristoferson, chair-Human Services Committee, reviewed the time table used to work on the policies and procedure revisions for the Committee. Dr. Victor DeSantis discussed the needs assessment which was used with the Committee work. The assessment was reviewed in terms of who would be the contacts for the assessment and the survey was sent to those individuals for input. First on the assessment was a perception of perceived needs in the City. It was found that areas dealing with parenting skills and teenagers were important needs. The assessment also looked at identifying the most urgent needs perceived in the city with affordable housing being the top response. The assessment also identified any additional services which were perceived as needed. It was found that there was some degree of controversy as to whether more services were needed. Barriers to receiving benefits dealt with the lack of awareness of the services as being the top survey result. The survey found that the best way to inform the public was through word of mouth on how to access human services in the community such as the local newspaper, cable t.v. and brochures, etc. The degree of coordination among the providers was perceived to be well coordinated if not all the time at least some of the time. Council Member Cott felt much of what was done in family counseling ignored an entire group of people in the community and those were individuals who felt that these services should be done in the home or in the church. If city government was going to be involved, he felt that there was a need to know if there was a comfort factor regarding these areas. DeSantis replied that that was a philosophical perception on what services the City should provide. Mayor Castleberry asked how it could be avoided to have a duplication of efforts among the various agencies. DeSantis replied that the Committee tried to work out that problem and in future the Committee should be vigilant in its questioning and deliberations over each of the agencies. Mayor Castleberry asked if there was any expression of limitations for the funding of agencies. Kristoferson stated that that might not be feasible for some agencies due to long term funding. 282 City of Denton City Council Minutes December 20, 1994 Page 3 Mayor Castleberry stated that one of the intents was to have start up money and to have the agencies be self-supporting after that. Kristoferson stated that that was addressed. It was determined that that might not be the best way to handle a long term funding. Long term support might be necessary for some of the agencies. Some of the changes to the polices and procedures included adding a section to allow for closed meetings if needed. Section V deleted the definition of human services as it was in the beginning of the document. In Section VII dealt with the start up money and the issue of a three year funding was eliminated as an issue. Mayor Castleberry asked if the agencies realized that this was an annual allocation and that they might not receive money every year Kristoferson replied yes and that fact was also stated in the contracts with the agencies. Council Member Perry stated that Section 5, Number 10 provided a list of other sources from which the agencies could solicit financial assistance and felt that it was good to have that clearly identified. Council Member Miller stated that Article 8 stated that the Committee would act on a motion by a majority of the Committee and asked if that was a majority of those present at the meeting. Kristoferson stated that the Committee had to have a quorum in order to proceed. Brock motioned, Perry seconded to adopt the recommendations of the Committee. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 2. The Council received a report, held a discussion and gave staff direction regarding the results from the 1994 human services needs assessment. City Manager Harrell stated that this item had been covered in previous item. 3. The Council received a report, held a discussion and gave staff direction regarding an auditor's report from Reed and Stowe relating to the GTE franchise. City Manager Harrell stated that the City had been in the midst of conducting an audit of GTE for several months. At the last Council 283 City of Denton City Council Minutes December 20, 1994 Page 4 meeting Melvin Willis, the local manager for GTE, indicated the position of GTE regarding releasing various pieces of information to the auditing firm. To help with an understanding of this issue, Dan Jackson, Senior Consultant for Reed and Stowe, would go over some of the representations made by GTE. Dan Jackson, Reed Stowe and Company, presented the objectives of the audit, the findings of the audit and the statements made by GTE. Reed and Stowe was engaged by Denton and Carrollton to conduct an audit of the franchise fee payments made by GTE to those cities. There were two basic objectives with the audit. The first was to determine, based on GTE's own reports and financial information, if the revenues that they accumulated within the City limits of Denton were properly charged franchise fees. The second' objective was to analyze what services and what revenue accounts the company was paying franchise fees on and what services and revenues the company was not paying franchise fees on in order to determine if their interpretation of the ordinance was consistent with the city's. Several steps were used to obtain background information from the City and some from GTE. They met with GTE on two occasions in order to discuss the type of information needed. They analyzed the information provided by GTE and also used several independent data sources. The information response by GTE left the audit firm unable to accomplish either of the objectives. The information was vague, irrelevant and of a very limited use for the analysis. GTE provided one page summary reports instead of the detailed reports asked for by the firm and GTE did not provide several pieces of information requested by the auditors. GTE did not provide a revenue accounting manual which would have assisted them in determining what accounts GTE was paying on and did not provide any maps of the service area. GTE did not provide a total number of access lines which were maintained in the City and did not provide the revenue account names or documents for revenues which GTE excluded from the franchise fee payment. The only information given was for revenues which were included within their payment and stated that all revenues which were excluded were irrelevant. GTE did not provide any information prior to 1988. In other words, there were substantial amounts of information asked for which were not provided. Using the firm's own knowledge of the industry and the alternate data sources, the firm was able to put together some basic estimates of what was the total amount of revenue which GTE had not provided to the City for the past five years. In August GTE provided the firm with a bit more information. It was the firm's preliminary conclusion that there were substantial amounts of revenues which GTE accrued within the City of Denton which it did not pay franchise fees on - approximately $2.8 million including interest. Those revenues were broken down into four categories - access - which was approximately 284 City of Denton City Council Minutes December 20, 1994 Page 5 $1.5 million, basic revenues/local revenues - which was approximately $200,000, miscellaneous revenues - which were approximately $500,000 and total revenues - which were approximately $700,000. It was the firm's preliminary conclusion that GTE did not pay franchise fees on approximately two thirds of the total amount of revenue which the company generated within the City of Denton. GTE did not pay franchise fees on directory assistance, on access, on inside wiring, on billing/collection revenues, and did not pay on any less than voice rate services. He had reviewed the video tape of the prior Council meeting when Mr. Willis spoke to Council and he wanted to address some of those comments. One statement made was that GTE was surprised that the information submitted did not comply with the firm's requests. The firm felt that they had stated at both meetings with GTE that there- were substantial amounts of revenue not provided. GTE stated that it paid on all revenues and local revenue accounts and that the revenue base had not changed in last 30-40 years. It was his opinion that this was a very misleading statement because GTE did not pay on any access revenues which were clearly a local exchange revenue. GTE did not pay franchise fees on many revenues which GTE itself considered to be local service such as less than voice rate services. The firm wanted to determine if GTE was paying on unbundling. In prior years, the accounting system for these large companies was much simpler than it was today. The firm had requested information to determine if GTE was doing that but they would not turn over that data. Another statement made was that in their opinion, GTE's payment of $220,000 to the City in 1988 represented a settlement which eliminated the company from any liability for underpayments before 1988. The prior audit which was conducted in 1988 discovered that GTE was not even paying according to GTE's own interpretation of the agreement. When GTE began signing new ordinances in North Texas in the late 1980's it made an error in their calculations. Of the $2.8 million which was felt that GTE had underpaid over the last five years, $1.5 million was access. Access revenues were not collected from individuals. Access revenues were revenues which GTE collected from the large long distance companies for the use of the local network. The $1.3 million due to the City would have to be determined by the Public Utilities Commission on how to collect that money. The PUC could prohibit GTE from recovering revenue from any of the rate payers, it could rule that the $1.3 million had to be recovered by all rate payers within the State of Texas or could allow GTE to recover the $1.3 million from the citizens of Denton. He had never seen that happen. GTE discussed that access revenues were toll and were not subject to franchise fees. This was a highly d~bated issue and was the subject of a class action litigation pursued by 15 cities in Texas against Southwestern Bell. The position of those cities was that access revenues were paid by the large long distance companies 285 City of Denton City Council Minutes December 20, 1994 Page 6 to GTE for the use of the local network. GTE stated that the auditing firm should have relied on data GTE provided in 1988 to perform its analysis. As a rule, his firm did not rely on work performed by other companies and would not issue an opinion on work done by someone else. Council Member Cott stated that the firm was engaged last January and this was December. One of the issues which the firm stated was the inability to raise information. The firm took the matter into its own hands and developed a formula. He asked if that formula had been reviewed by the City's department. He also asked if there were any case law regarding carriers paying local to local and therefore the local was owing the money. Jackson replied that the issue of whether the access should be subject to the local franchise ordinances under the terminology had not been decided. The firm's process had been reviewed with staff. Council Member Miller felt that there were two isSues. One was the dispute between GTE and the City and between the Bell system and a number of other cities in Texas and that was what should be considered in the base on what franchise fees were paid. Jackson replied that it was virtually the identical issue. Council Member Miller asked if the information which the City had asked for and for which GTE refused to supply was the information relative to the long distance services. Jackson replied correct that the firm had asked for all access data within the city limits of Denton and that had not been provided. Council Member Miller asked if some of the $2.8 million was in that area of dispute. He felt there were two issues to look at. One was the auditing of what being collected now in the way of franchise fees. That would make sure that what the utility was collecting was truly being paid to the City. GTE had admitted that it was not collecting some franchise fees. Jackson replied correct that GTE was not collecting franchise fees on network access. Council Member Miller stated that he was a rate payer in the City of Denton both as a residential and business phone. He had an item on his bill which indicated a 2% municipal franchise fee. Just as on the sales tax, on this amount, GTE was not paying, it was collecting the money. 286 City of Denton City Council Minutes December 20, 1994 Page 7 Jackson replied that his firm was unable to verify whether all of the money that GTE was collecting in franchise fees were being remitted to the City. Council Member Miller stated that GTE had not provided enough information to know that everything they collected had been paid to the City. Jackson replied correct. Council Member Miller stated that the $1.5 million would come from the long distance carriers. GTE received a certain amount of revenue and on that revenue, the City stated that 2% of that was $1.5 million. Jackson replied correct. Council Member Miller stated that if the legal issue were settled and legally, the City could collect that and GTE would have to comply, would there be a line item on the phone bill that indicated a long distance charge, access fee, and that the rate payers were paying that 2%. Jackson stated that there would be no way to answer that. The money that GTE would receive would be received from the long distant companies. How GTE and MCI would recover that money could not be predicted. Council Member Miller felt that there were two separate issues. One was the issue of the audit in which it was not clear that the City was being paid for everything collected. The second issue was a determination of what was the base for collections. GTE had admitted that it had not collected money on some of the items and an audit was trying to verify an amount of money which they had not collected. Jackson replied that those were two very distinct issues. First of all, was GTE paying on the revenue base that they acknowledge they should be paying on. Second, what was the total amount of revenue that they were not paying on what the City interpreted that they should be paying on. If GTE argued that the City had not collected in the past and therefore, GTE should not have to pay on it, in effect, that was the same argument which a small business man could make to not collect sales tax. Council Member Miller stated that the City had the opportunity since 1988 to clarify that issue each year and had not done it. He asked for separate information to audit the fees paid by the 287 City of Denton City Council Minutes December 20, 1994 Page 8 citizens of Denton. Due to a time constraint, this item was continued during the Regular Session. 4. The Council receive a report, held a discussion and gave staff direction regarding the establishment of the Ruth I. Anderson Estate Trust Fund for youth programming. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. 5. The Council received a report, held a discussion and gave staff direction regarding a 511 telephone system. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. 6. The Council received a report, held a discussion and gave staff direction regarding proposed revisions to the temporary street closure procedure. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. 7. The Council received a report, held a discussion and gave staff direction regarding the selection of a Teen Court Board of Directors and Juvenile Crime Interagency Coalition Members. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting on Tuesday, December 20, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Perry, and Smith. ABSENT: Council Members Cott and Miller. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of October 4, 18, and 25, 1994. 288 City of Denton City Council Minutes December 20, 1994 Page 9 Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council returned to Work Session Item #3. 3. The Council received a report, held a discussion and gave staff direction regarding an auditor's report from Reed and Stowe relating to the GTE franchise. Council Member Miller returned to the meeting. Council Member Miller stated that the 1988 audit had dealt with the same issues. He asked if it were usual to go back further than a six year period and reaudit something already audited. Jackson replied that it was not unusual. Council Member Miller asked if it were done quite often. Jackson replied that his firm did many rate studies and cost allocation studies and it was not uncommon to go back six years particularly in the telecommunications area where there were rapid changes in accounting procedures and services provided. Council Member Cott returned to the meeting. Council Member Miller asked if it would be possible to ask for two sets of information. One set would be to audit the areas GTE had collected franchise fees on to be able to determine if the City had received all of those funds. The second set would request the other information which was in dispute in terms of whether it was appropriate to be in the base. Jackson replied that that could be done by taking the request they had sent out and split it in half. It would not be covering any new territory with that technique. Council Member Miller felt that it would be helDful to know that those questions had been asked based on that information. Jackson replied that that had already been asked for and the information was not provided. council Member Miller asked how many cases of this type had been before the Public Utilities Commission where fees had not been collected which should have been collected and it had made a determination regarding the case. 289 City of Denton City Council Minutes December 20, 1994 Page 10 Jackson replied that there had been several rate cases and settlement issues and issues telecommunications companies had requested rate increases or recovery of certain expenses. Council Member Miller asked about franchise fee cases. Jackson replied that there had not been many franchise fee cases. Council Member Miller asked if the issue currently in court were settled, would it clarify some of the city's issues. Jackson replied that it depended on the settlement. There could be a settlement before the trial where the company did not admit any liability or did not admit that any services were subject to the ordinance. A jury trial might issue a statement that the services were subject to the fee or it might award a certain amount of money to the cities. Council Member Cott suggested looking at the statute of limitations regarding this issue. He requested that the City take a look at how much had been spent on this issue, how much was left to go on this issue and the potential for recovery of money. 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning .574 acres from a single-family (SF-7) zoning district, to multi-family (MF-1). The site was located near the southeast corner of Locust Street and Coronado Street. (The Planning and zoning Commission recommended approval 6-0.) Frank Robbins, Executive Director for Planning and Development, stated that the proposal was to rezone from SF-7 to MF-1. The applicable Denton Development Plan policies in this case dealt with intensity. The particular intensity area was 168% overallocated. The applicable policy was least intense, most logical. The property was surrounded by other multifamily developments and the most logical use for the property was for apartments. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: 29O City of Denton City Council Minutes December 20, 1994 Page 11 NO. 94-232 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE-FAMILY DWELLING DISTRICT (SF-7) TO MULTI- FAMILY DWELLING DISTRICT (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.574 ACRE TRACT OF LAND LOCATED ON N. LOCUST STREET APPROXIMATELY FOURTEEN FEET SOUTH OF CORONADO STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock 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. B. The Council held a public hearing and considered adoption of an ordinance adopting a Detailed Plan and changing the zoning district from duplex (2F) to Planned Development. The .1510 acre tract was located approximately 61 feet east of the northeast corner of Carroll Blvd. and Prairie Street. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Executive Director for Planning and Development, stated that the proposal was to rezone the property from 2F to planned development and to approve a detailed plan. The difference in intensity between the proposed bed and breakfast facility and the 2F zoning made the proposal in accordance with the existing intensity. The site was in an urban center and the use was very consistent with the development in the area. The Mayor opened the public hearing. Margorie Waters stated that she would answer any questions regarding the petition. Mayor Pro Tem Brock asked if this would be adjoining an office. Waters stated that the office would be next door but not adjoining. No one spoke in opposition. The Mayor closed the public hearingl The following ordinance was considered: 291 City of Denton City Council Minutes December 20, 1994 Page 12 NO. 94-233 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLING DISTRICT (2F) TO PLANNED DEVELOPMENT 154 (PD 154) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.1510 ACRE TRACT LOCATED APPROXIMATELY SIXTY-ONE FEET (61') EAST OF THE NORTHEAST CORNER OF PRAIRIE STREET AND CARROLL BOULEVARD; APPROVING A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALLY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Brock 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. 4. Consent Agenda Council Member Cott stated that in getting the lowest bid, did Peterbilt and what they would have for labor to produce in Denton, qualify their bid in a different way. If the City bought everything from Peterbilt which was made in Denton, did that qualify more for the Peterbilt bid. Tom Shaw, Purchasing Agent, stated that there were no provisions for local preference. The Attorney General had ruled that regardless of a contribution to the economy of a community or to social activities, it could not be considered in a bid. Perry motioned, Smith seconded to approve the Consent Agenda without the SPAN item. On roll vote, Brock "aye" Cott "aye" Miller "aye" smith "aye" Chew "aye" Perry "aye" Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 2. 3. 4. 5. 6. 7. and 'Mayor Bid #1681 - EMS Supplies Bid #1687 - Relay Test Set Bid #1688 - 2 Person Aerial Device Bid #1689 - Refuse Trucks Bid #1690 - Utility Power Source Truck Bid #1692 - Feedwater Heater Tube Replacement P.O. #51653 - Hanson Information System Be Fees 1. Upper Trinity Regional Water District 292 City of Denton City Council Minutes December 20, 1994 Page 13 Agreement 1. Police Sedans Contracts 1. Denton City-County Day Nursery 2. Fred Moore Child Care Center 3. Friends of the Family 4. SPAN 5. Ordinances The Council considered the Consent Agenda Ordinances A-G. Brock motioned, Chew seconded to adopt Consent Agenda Ordinances A-G. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 94-234 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. ( 4.A.1. - Bid #1681, 4.A.2. - Bid #1687, 4.A.3. - Bid #1688, 4.A.4. - Bid #1689, 4.A.5. - Bid #1690, 4.A.6. - 1692) B. NO. 94-235 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. (4.A.7. - P.O. #51653) C. NO. 94-236 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ADMINISTRATIVE AND PROJECT FEES AS PER CONTRACT AGREEMENT WITH THE UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE DATE. (4.B.1.) D. NO. 94-237 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND AN INTERLOCAL AGREEMENT WITH THE COUNTY OF DENTON TO AUTHORIZE ~-~ 293 City of Denton City Council Minutes December 20, 1994 Page 14 PARTICIPATION IN VARIOUS DENTON COUNTY CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. (4.C.1.) E. NO. 94-238 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (4.D.1.) F. NO. 94-239 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (4.D.2.) G. NO. 94-240 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (4.D.3.) H. The Council considered adoption of an ordinance authorizing the city Manager to sign a contract between the City of Denton and SPAN. (4.D.4.) Council Member Chew left the meeting with a potential conflict of interest as he was a member of the SPAN Board. Perry motioned, Smith seconded to approve the Consent Agenda item. On roll vote, Brock "aye" Cott "aye" Miller "aye" smith "aye" Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The following ordinance was considered: NO. 94-241 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 294 City of Denton City Council Minutes December 20, 1994 Page 15 Perry motioned, Smith motioned to adopt ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I. The Council considered adoption of an ordinance prohibiting parking of vehicles on certain portions of Maple Street. (The Traffic Safety Commission recommended approval.) Council Member Chew returned to meeting. Rich Svehla, Deputy City Manager, stated that this ordinance as well as the next dealt with parking on Highland and Maple streets. These areas were originally signed as no parking but in a related matter it was discovered that it had never been formally approved with an ordinance. The following ordinance was considered: NO. 94-242 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF MAPLE STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DA~E. Smith motioned, Brock 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. J. The Council considered adoption of an ordinance prohibiting parking on certain portions of Bernard Street. (The Traffic Safety Commission recommended approval.) The following ordinance was considered: NO. 94-243 AN ORDINANCE OF THE CITY OF DENTON, TEXAE, PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF BERNARD STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Perry 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. 295 City of Denton City Council Minutes December 20, 1994 Page 16 K. The Council considered adoption of an ordinance prohibiting the parking of vehicles on certain portions of Lakey Street and certain portions of Wilson Street. (The Traffic Safety Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this area was a vacant lot near the Fred Moore Park. The NICE group had asked that parking be removed in this area as there was a concern that individuals gathered in the area after the park was closed. The following ordinance was considered: NO. 94-244 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF LAKEY STREET AND CERTAIN PORTIONS OF WILSON STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Chew 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. L. The Council considered adoption of an ordinance prohibiting the parking of vehicles on certain portions of Ruddell Street. (The Traffic Safety Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this was a request from TWU for removal of this parking and also from motorists in the area. This was a quite heavily traveled area and parking on the street prohibited some access in the area. The following ordinance was considered: NO. 94-245 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF RUDDELL STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Perry 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. 296 City of Denton City Council Minutes December 20, 1994 Page 17 M. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment Number One to the agreement with the City of Denton and the Denton City-County Day Nursery to provide for the construction of improvements to drainage and to extend the agreement term one year in exchange for additional fees. Barbara Ross, Community Development Administrator, stated that in the 1993 Final Statement, the Council approved expenditures to renovate the City-County Day Nursery. That rehabilitation had been completed. In the 1994 Combined Statement, the Council approved additional money to do the drainage improvements on the playground. It was felt that it was more efficient to amend the existing agreement rather than do a new agreement. The following ordinance was considered: NO. 94-246 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE TO THE AGREEMENT WITH THE CITY OF DENTON AND DENTON CITY- COUNTY DAY NURSERY TO PROVIDE FOR THE CONSTRUCTION OF IMPROVEMENTS TO DRAINAGE AND TO EXTEND THE AGREEMENT TERM ONE YEAR IN EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock 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. N. The Council considered adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification of Captain who are also assigned to perform the duties of EMS Program Manager. City Manager Harrell stated that the next two ordinances reflected the 4.6% increase authorized per the new budget. The following ordinance was considered: NO. 94-247 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION OF CAPTAIN WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF EMS PROGRAM MANAGER; AND PROVIDING AN EFFECTIVE DATE. 297 City of Denton City Council Minutes December 20, 1994 Page 18 Cott 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. O. The Council considered adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification of Driver who are also assigned to perform the duties of Maintenance/Logistics officer. The following ordinance was considered: NO. 94-248 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION DRIVER WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF MAINTENANCE/LOGISTICS OFFICER; AND PROVIDING AN EFFECTIVE DATE. 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. P. The Council considered adoption of an ordinance amending the 1994-95 annual budget of the City of Denton by accepting funds in the amount of $10,280 from United Way of Denton and expending such funds for recreational programming for low-income and non- English speaking children residing in the Owsley neighborhood. Kathy Dubose, Executive Director for Finance, stated that this ordinance amended the the 1994-95 recreation fund budget. It allowed the City to receive funding from the United Way for youth programs in the Owsley neighborhood. Originally the United Way implemented these programs through the Denton YMCA but that was no longer possible. The following ordinance was considered: NO. 94-249 AN ORDINANCE AMENDING THE 1994-95 ANNUAL BUDGET OF THE CITY OF DENTON BY ACCEPTING FUNDS IN THE AMOUNT OF TEN THOUSAND TWO HUNDRED EIGHTY DOLLARS ($10,280) FROM UNITED WAY OF DENTON AND EXPENDING SUCH FUNDS FOR RECREATIONAL PROGRAMMING FOR LOW- INCOME AND NON-ENGLISH SPEAKING CHILDREN RESIDING IN THE OWSLEY NEIGHBORHOOD; PROVIDING FOR PUBLICATION HEREOF; AND PROVIDING AN EFFECTIVE DATE. 298 City of Denton City Council Minutes December 20, 1994 Page 19 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. The Council considered the Work Session Item #4. 4. The Council receive a report, held a discussion and gave staff direction regarding the establishment of the Ruth I. Anderson Estate Trust Fund for youth programming. Janet Simpson, Superintendent of Leisure Services, stated that the Department had received $30,000 from the Ruth I. Anderson estate to be used for low income children or youth at risk programs. The proposed program was geared toward teens to participate in activities to build self-esteem, life skills, career planning and field trips for cultural experiences. The youth involved would also participate in community participation projects and fund raisers to earn enough points to be eligible to go to Washington, D.C. Council Member Cott asked what would happen with the program at the end of the two years. Simpson stated that it was hoped to use this money as seed money and that part of the program would actively seek grants and other sponsors to enable to the program to continue over several years. Council Member Cott suggested going slower in the beginning in order to not run out of money. Mayor Pro Tem Brock asked for the number of individuals involved in the program the first year. Simpson replied that the number would be kept at 12 so that the ratio with staff workers would be low. Mayor Pro Tem Brock asked what kinds of community projects would be done. Simpson replied that the teens would decide from a variety of options such as neighborhood improvement, etc. Brock motioned, Chew seconded to approve the concept. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 299 City of Denton City Council Minutes December 20, 1994 Page 20 6. Resolutions A. The Council considered approval of a resolution authorizing the acceptance of funds from the Ruth I. Anderson Estate; authorizing the creation of a trust fund and approving a budget for the I.M.A.G.I.N.E. Youth-At-Risk Program to be administered by the Parks and Recreation Department. The following resolution was considered: NO. R94-074 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE RUTH I. ANDERSON ESTATE; AUTHORIZING THE CREATION OF A TRUST FUND AND APPROVING A BUDGET FOR THE I.M.A.G.I.N.E. YOUTH-AT-RISK PROGRAM TO BE ADMINISTERED BY THE PARKS AND RECREATION DEPARTMENT; AND DECLARING AN EFFECTIVE DATE. Chew 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 unanimously. 7. Vision Update There was no report for this meeting. 8. The Council considered a nomination to the Keep Denton Beautiful Board. Council Member Cott nominated Doug Ebersole for the Keep Denton Beautiful Board. 9. The Council considered nominations to the Denton County Housing Finance Corporation. City Manager Harrell stated that this item concerned nominations which the Council made to the Denton County Commissioners Court for appointment of individuals to serve on the Denton County Housing Finance Corporation. The current city members were Mark Chew, Charles Hopkins, Linnie McAdams, Lloyd Harrell and Ray Stephens. At a recent meeting of the Corporation, Chairman Don Hill announced that the six year term for all of the Corporation members would expire as of January 1, 1995 so the Commissioners Court would be required to appoint all eleven members to carry out the business of the Corporation. The City was requested to provide to the County five members it would like to nominate to the Corporation. The Corporation provided and assisted with low/moderate housing 3OO City of Denton City Council Minutes December 20, 1994 Page 21 needs in Denton County. Its main function was to issue revenue bonds used for first time home buyers. It also had independent money which it used to help with low/moderate housing projects in Denton County such as the Southern Hotel project and matching funds the City needed for its HOME program. These were critical nominations and the City representatives were very diligent to make sure the funds were not diverted from their original purpose. These were six year terms and if a vacancy occurred before the end of a term, the Corporation appointed a member to complete the term. Five of the eleven members had to be residents of the City and it had been a tradition that the Commissioners Court had honored the nominations made by the City Council. Council Member Smith stated that the nominations made six years ago were members of the City Council at that time. She felt that was a good pattern to follow to continue to have City Council Members on the Corporation except for Ms. McAdams who had a position on the State Corporation. Council Member Smith nominated Mark Chew, Lloyd Harrell, Bob Castleberry, Linnie McAdams, and Harold Perry to the Corporation. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Miscellaneous matters from the City Manager. The Council returned to the Work Session items. 5. The Council received a report, held a discussion and gave staff direction regarding a 511 telephone system. Richard Foster, Public Information Officer, stated that the City of Dallas was also looking into the possibility of implementing a 511 system for non-emergency items. This system would access non- emergency services to report such items as a street light out, high weeds, etc. In order to have this system, there would have to be a consolidation of the dispatch functions which Denton currently did not have. The system would have to include solid waste, streets, etc with the 911 calls. A dispatcher could send out the proper equipment or complete a work order to have the problem corrected. The system would be operated 24 hours a day. Concerns of Dallas were that there would have to be some type of system to achieve selective routing to go to the correct entity, the Public Utilities Commission had to approve such an item and the cost of such a system. A final concern was that Dallas did not want its dispatchers to become a switchboard in order to access individuals in the organization. It was felt that over time that would resolve 301 City of Denton City Council Minutes December 20, 1994 Page 22 itself. He had visited with GTE regarding this issue and the technology was available for selective routing. Main concerns were that the system would have to work through the 911 data base, would have to be approved by the PUC and the unknown cost factor. Council Member Perry stated that he had two objections to such a system. He felt it would add another layer between service personnel and the community. Also if the system were connected to 911, it might become confusing with 911. Another number should be used which would not be confused with 911. 6. The Council received a report, held a discussion and gave staff direction regarding proposed revisions to the temporary street closure procedure. Veronica Oglesby, Administrative Assistant, stated that this was a request from Council to streamline the street closure procedures. Currently an organization must make a written request to be placed on an agenda to the City Manager's Office nine days before the Council meeting and complete a street closure request. With the proposed procedure, the individual or organization would be required to submit a letter of request and complete a street closure request 14 days before the event. That request would be reviewed by the City Manager's office and any affected departments. Final approval would be given by the City Manager's Office. If the request required any exceptions to the noise ordinance or other exceptions, the request would go to Council. Miller motioned, Smith seconded to proceed with the revisions. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council received a report, held a discussion and gave staff direction regarding the selection of a Teen Court Board of Directors and Juvenile Crime Interagency Coalition Members. Harlen Jefferson, Director of Treasury Operations, stated that the Council needed to appoint members to the two boards. During November staff had met with the agencies which were chosen to provide counseling services for the program. The Commissioners Court was receptive to the idea of a teen court and were willing to support the proposal to the same extent which they supported teen court programs in other cities. Staff had met with Judge Sandra Chapman and Judge Barbara Gailey who both indicated support for the teen courts and would be willing to serve on the Board of Directors. Don Hill supported the idea of the County assisting with the finances of the teen court. Staff was requesting that 3O2 City of Denton City Council Minutes December 20, 1994 Page 23 Council select board members for future appointment. Members of the Coalition were appointed to three year staggered terms. Some current members of the Task Force who agreed to serve on the Coalition included Elizabeth Garrett and Sgt. Burns. Council Member Miller asked for the number of members of the Board of Directors. Jefferson replied that there were eight members, two appointed by each organization involved. The Board would elect its own chair and develop its own by-laws. Council Member Miller asked for the number of members on the coalition and would the Task Force members be appointed. Jefferson stated that not all members of the Task Force were still in the community. The structure of Task Force could work if the Council used the agencies represented and ask those members if they were still willing to serve on the coalition board. Any gaps would then need to be completed. Mayor Castleberry stated that the staff recommendation was to have the Council select two individuals for the Teen Court Board of Directors and the members to the Juvenile Crime Interagency Coalition. Council Member Cott felt that there were not enough conservative members on the proposed board. Chew motioned, Perry seconded to accept the concept as recommended by staff. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castteberry "aye". Motion carried unanimously. A. Lloyd Harrell, City Manager, stated that staff had received a fax from the Department of Justice which indicated that Denton had been approved to hire three police officers under the Crime Bill. 11. There was no official action taken on Closed Meeting Items discussed during the Work Session. 12. New Business There were no items of New Business suggested by the Council for future agendas. 303 city of Denton City Council Minutes December 20, 1994 Page 24 13. The Council convened into a Closed Meeting to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. The Council 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. 2. Considered settlement offer in Sor v. City of Denton. 3. Considered settlement demand in David Rose v. City of Denton. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 1. Discussion regarding property acquisition on Foster Road and Edwards Road. C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 1. Continued annual evaluations of the Alternate Municipal Judges, the Part-Time Municipal Judge, the Municipal Judge and the city Manager. With no further business, the meeting was adjourned. U~ITY OF DENTON, TEXAS CITY OF DENTON, T~S - ACC00237