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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