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
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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.
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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
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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
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$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
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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.
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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
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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.
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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.
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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:
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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:
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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
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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 ~-~
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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