Minutes July 27, 1993148
CITY OF DENTON CITY COUNCIL MINUTES
July 27, 1993
The Council convened into a Special Call Session on Tuesday, July
27, 1993 in the Civil Defense Room of City Hall.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
1. The Council convened into the Executive Session to discuss:
A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S.
1. Considered claim against GTE franchise.
B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S.
Personnel/Board Appointments -- Under Sec. 2 (g), Art.
6252-17 V.A.T.S.
2. The Council considered adoption of an ordinance authorizing
the Mayor to execute an amendment to the existing street use
agreement between the City of Denton and Texas Utilities Electric
Company.
Bob Nelson, Executive Director for Utilities, stated that this was
a street use ordinance with TU which had been in effect since 1987.
Recently TU had decided to change the fee which they were paying
from 3% to 4% and offered that rate to the City retroactive to June
1, 1993. The ordinance did not change any other provision in the
contract and would add approximately $3,000 to the 1993 budget and
approximately $12,000 to the 1994 budget.
Deb Drayovitch, City Attorney, stated that the agreement which was
furnished the City last week was in the form of a franchise
ordinance which was what TU had with other cities. The City of
Denton had a street use agreement with TU. There were minor
wording changes from the draft the Council received in the agenda
back-up materials but were not substantive changes except for
Section VI. The effective date of the agreement would be 15 days
from date of approval. TU would probably negotiate a franchise
agreement in the future as opposed to a street use agreement.
James Loveday, TU Electric, stated that this agreement would give
the City of Denton the same rate as Dallas with their franchise.
The agreement would be reviewed in 1997 and some areas might be
addressed concerning a franchise versus a street use agreement.
Council Member Cott asked what was the gross revenue before
discounts, allowances and chargebacks.
149
city of Denton City Council Minutes
July 27, 1993
Page 2
Loveday replied that the 4% was on the billing which would be prior
to chargeoffs.
Council Member Cott stated that that would be gross receipts before
any discounts, chargebacks, or discounts.
Loveday replied correct.
The following ordinance was considered:
NO. 93-133
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO
THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS
UTILITIES ELECTRIC COMPANY; AND PROVIDING AN EFFECTIVE DATE.
Miller 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.
3. The Council held a discussion regarding a proposed North
Denton Center Neighborhood Association/North Texas Fair Association
Task Force and gave staff direction.
Due to time constraints, this item was not considered and would be
considered at the next meeting.
4. The Council received a report and held a discussion regarding
the City's Anti-substance Abuse and Rehabilitation Policy
(#108.12), Drug and Alcohol Free Workplace Policy (#108.11), and
drug screening procedures and practices.
Due to time constraints, this item was not considered and would be
considered at the next meeting.
5. The Council held a discussion regarding the qualifications of
members to serve on the Sales Tax Task Force.
Due to time constraints, this item was not considered and would be
considered at the next meeting.
6. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, did not have any items to present.
150
City of Denton City Council Minutes
July 27, 1993
Page 3
7. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Perry stated that he would not be present
at the meeting of August 3 when the public hearing was scheduled
for the Denco 9-1-1 change of zoning. He would appreciate the
opportunity to postpone the public hearing and action on the
request to a date certain which would be the second regular meeting
in August.
B. Council Member Perry asked for a reconsideration of the
zoning ordinance amendment regarding minor amendments to give more
time to receive all the information from the City Attorney.
Mayor Castleberry asked if any of the Council would be absent on
August 17 for the 9-1-1 consideration.
Mayor Pro Tem Smith indicated that she would not be at the August
17th meeting.
Mayor Castleberry asked of the public hearing could be held on
August 3rd and the Council vote on August 10th.
Council Member Perry indicated that he would not be at the August
10th meeting.
Council Member Chew asked if the item could be postponed until the
24th of August.
Frank Robbins, Executive Director for Planning, stated that it had
been published that public hearing would be on the 3rd. It could
be postponed at that meeting or notices could be redone for the
August 24th meeting.
Consensus of the Council was to proceed with public hearing and
vote on the 9-1-1 zoning case on the 24th of August.
council Member Miller stated that a motion for reconsideration of
the minor amendment ordinance would not be legal as this was the
next scheduled meeting and was not listed on the agenda. It could
be put on a future agenda for discussion.
Debra Drayovitch, City Attorney, read the rules regarding
reconsideration of an item. A motion to reconsider any action of
the Council could be made not later than the next succeeding
meeting of the Council. In order for the item to be voted on it
151
City of Denton city Council Minutes
July 27, 1993
Page 4
must be listed on the agenda and must be listed at the next
meeting. Council could suspend the rules with a majority vote.
Council Member Perry requested Council to suspend the rules.
B. Council Member Brock stated that the Council's adopt-a-
spot needed cleaning.
C. Mayor Castleberry reminded the Council of the O'Neil Ford
dedication this weekend.
The Council adjourned to the Visual Arts Center for the
Boards/Commissions Reception.
1. The Council considered approval of a resolution
appreciation for retiring Board/Commission members.
The following resolution was considered:
of
NO. RA93-006
RESOLUTION IN APPRECIATION OF RETIRED BOARD AND COMMISSION
MEMBERS.
Perry motioned, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
With no further business, the meeting was adjourned.
~NNIF~ WALTERS~ -
S RETARY '
~TY OF DENTON, TEXAS
CiTY OF DENTON, TEXAy
ACC00138