Minutes December 12, 1995CITY OF DENTON CITY COUNCIL MINUTES
December 12, 1995
The Council convened into a Closed Meeting on Tuesday, December 12,
1995 at 5:15 p.m. in the civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Krueger, Miller and Young.
ABSENT: Council Member Cott
The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
Considered the annual evaluations and salary
adjustments for the City Attorney and Alternate
Municipal Judge.
Considered payment of .award of special
commissioners into the Registry of the Probate
Court relating to City of Denton v. John
Karvouniaris.
3. Considered settlement demand in the claim of Cox.
4. Considered settlement demand in the claim of Lanzi.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into a Work Session on Tuesday, December 12,
1995 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Miller and Young.
ABSENT: Council Members Cott and Krueger
1. The Council received a report, held a discussion and gave
staff direction regarding a public safety computer system.
Mike Jez, Executive Director for Emergency Services, stated that
the recommendation was to award the contract to IBM for the
hardware and software for the public safety system. The system was
divided into Phase I and II. The discussion at this meeting would
center on Phase I of the system which included computer assisted
dispatching and a record management system for police and fire.
Council Member Brock asked how long the new system would last and
when would it need to be upgraded.
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Gary Collins, Director of Information Services, stated that some
work stations would be leased for three years so that every three
years the technology could be updated.
Rick Svehla, Acting City Manager, stated that certificates of
obligation were issued for ten years and could be renewed in ten
years.
Mayor Pro Tem Biles stated that there was nothing in the CIP which
would address this same funding.
Jez replied correct that the CIP items would be Phase II.
Mayor Pro Tem Biles stated that Phase I would be the initial
equipment and Phase II would integrate the system into the moving
vehicles.
Jez stated that Phase
associated with Phase I.
vehicles.
II was the completion of the hardware
Phase II placed units in the emergency
Acting City Manager Svehla stated that the court system was also in
Phase II.
Mayor Pro Tem Biles stated that the current system was outdated in
terms of dispatching and correlating information for the officers.
This system would update the dispatch system with computer
assistance.
Council Member Young stated that this computer system would bring
a modern system to the Police Department and save many manhours of
work.
Young motioned, Biles seconded to approve the system.
Council Member Miller asked if the motion was to proceed with
Phase I.
Council Member Young replied correct.
Acting City Manager Svehla stated that the request for proposal
would be awarded to IBM at the next Council meeting.
On roll vote, Miller "aye", Young "aye", Brock "aye", Biles "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
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2. The Council received a report and held a discussion regarding
the legality of parents signing away rights of a minor child.
Herb Prouty, City Attorney, stated that this item developed as a
result of a citizen's objection to signing a release for his child
to participate in a City athletic program. The citizen wanted the
Council to discontinue the policy of requiring a minor child to
sign a release before he could participate in athletic programs.
The reason for the release was that it was a risk management policy
to transfer the risk. The release released the right of the minor,
if hurt during the event, to claim any loss or hold the City liable
as a result of any injuries. It also indemnified the city against
any damage which might happen as a result of the minor being hurt
or the minor hurting others as a result of participating in an
event. Staff looked at the policies of other cities which had a
policy of requiring, in consideration of participation in a city
program, a release and assumption of the risk. There were two
policy considerations for the Council. One was if the Council
wanted to continue a policy of having a minor or parents assume the
risk of loss and release all responsibility of any injury based on
the individual's own negligence. The second was if the city wanted
to extend the policy to cover not just the minor or third party
negligence but have the minor or parent indemnify the City for the
City's negligence.
Mayor Pro Tem Biles motioned to direct the City Attorney to further
address the issue on the release of the City's negligence and also
the issue of parental consent on waiving minors rights.
Mayor Castleberry stated that the Council could not vote on this
item at this time but could have a request.
3. The Council received a report, held a discussion and gave
staff direction regarding benton's lump sum payment to the Upper
Trinity Regional Water District of jointly owned Teasley Lane
Pipeline.
Bob Nelson, Executive Director for Utilities, stated that in 1993
the City entered into an agreement with the Upper Trinity Regional
Water District to jointly build a pipeline that went from Lillian
Miller and Teasley to Old Alton Road. There was approximately
9,500 feet of line with the City having 66% of the first 3,700 feet
and 25% of the remaining 5,700 feet. The UTRWD purchased the
right-of-way, did the design and construction management and issued
bonds for the project. The City was in the process of making
payments to the UTRWD to pay their debt service. The City had
money available in bonds and felt it would be better to pay off the
debt now rather than wait. The funds were earning approximately
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5.5% and were paying 6.34% plus they had a reserve amount. The
procedure would provide closure of ownership of Denton's portion of
the line in the event conditions in the UTRWD changed in the
future.
Young motioned, Brock seconded to proceed to pay the amount in full
as per staff recommendation.
Nelson stated that the Council's action would not automatically
allow the City to make the payment. There was an amendment
necessary to the contract to process the payment.
On roll vote, Miller "aye", Young "aye", Brock "aye", Biles "aye"v
and Mayor Castleberry "aye". Motion carried unanimously.
4. The Council received a report, held a discussion and gave
staff direction regarding water and wastewater infrastructure
extension to the Mayhill/Bridges/Gayla Road area.
Howard Martin, Director of Environmental Services, stated that at
Council Member Young's request, staff was asked to look at an
extension of water and wastewater infrastructure into the
Mayhill/Bridges/Gayla Road area. As there was already a 6" water
line in that area, the extension of a 6" water line would be easy
and cost approximately $73,000. Wastewater to this project would
be more expensive as it would have to come from the interceptor
along Pecan Creek, extending approximately 2,000 feet of 12" line
to Mayhill and an 8" collector line to serve that particular area
at a cost of approximately $317,000. Total project cost would be
$391,540. Currently that particular project was not in the five
year CIP plan. The existing policy in place for the extension of
water and wastewater lines was to rely on development to extend the
infrastructure needed for those particular developments. There had
been some interest expressed by Council and the Public Utilities
Board to develop an infill policy. There had been interest by
citizens in other areas such as Carpenter Road and the Teasley Lane
area for such a project.
Council Member Brock asked how many connections would be made.
Martin replied that he did not have a total but it would be quite
a number depending on how far south the project went on Mayhill.
Council Member Brock asked if the Public Utilities Board was
developing a comprehensive list or map where utility infill was
needed.
Martin replied yes that that would be part of the project.
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Council Member Krueger joined the meeting.
Council Member Brock stated that there were many areas not served
in Denton and that the overall project would be very large.
Martin stated that the policy had several options for funding an
infill project. One would be to use unused development plan line
money available and another would be to use to up 2% of gross
revenue from the Water and Wastewater Departments. That option
would provide approximately $200,000 on the wastewater side and
$300,000 on the water side to be used for infill projects.
Council Member Brock stated that there would have to be some kind
of system established where by different properties would qualify
for the infill project.
Council Member Miller recommended that the Council defer the item
until after the Public Utilities Board completed their study.
Council Member Young stated that there were people on Mayhill who
were annexed and who did not want to be annexed. Those people were
promised that they would receive water and wastewater but they had
never received those services. These people were working
individuals and the City was obligated to them and other people to
provide those services. He recommended that the Public Utilities
Board develop an infill policy with emphasis on Mayhill Road and in
time, all similar situations. It was an obligation of the City to
provide water and sewer services to its citizens.
Miller motioned, Brock seconded that as the Public Utilities Board
was reviewing this issue as a city-wide policy the next day, the
Council should wait until it received a recommendation from the
Board.
Young motioned, Krueger seconded to amend the motionto place an
emphasis on Mayhill Road.
Mayor Pro Tem Biles asked if Council Member Miller would consider,
as part of his motion, that the Public Utilities Board make the
Mayhill area a specific part of the Board's consideration.
Council Member Miller understood that the Board would identify a
number of areas of which Mayhill would be one.
Mayor Castleberry asked if Council Member Miller wanted to include
that suggestion as part of his motion.
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Council Member Miller indicated no, not if it just identified that
area.
Mayor Castleberry stated that the original motion would include all
infill areas which would include Council Member Young's suggestion.
Council Member Young stated that he did not want Mayhill to be last
on the list. He withdrew his motion.
On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. The Council took the following official action on Closed
Meeting items:
City Attorney Prouty stated that a motion was needed on the
condemnation to move to pay the award into the Registry of the
Court subject to the conditions discussed in Closed Session.
Biles motioned, Brock seconded as indicated by City Attorney
Prouty. On roll vote, Miller "aye", Young "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
With no further business, the meeting was adjourned at 7:40 p.m.
CITY OF DENTON, TEXAS
BOB CASTLEBERRY, ~AYO~
CITY OF DENTON, T~XAS
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