Minutes July 5, 1995 CITY OF DENTON CITY COUNCIL MINUTES
July 5, 1995
The Council conVened into a Closed Meeting on Wednesday, July 5,
1995 at 5:15 p.m. in the civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
Closed Meeting:
5:15 p.m.
ae
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Council received a report and discussed the status
of litigation in GTE v. City of Denton and Denton's
complaint against GTE pending before the Public
Utilities Commission and considered litigation
strategy as a result of recent court ruling in City
of Rusk, et. al. v. GTE.
Council discussed potential litigation concerning
the request to rezone 3.753 acres from SF-7 to C
zoning on the south side of I35-E and Lindsey
Street.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into a Regular Meeting on Wednesday, July 5,
1995 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
151
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 May 23 and
May 30, 1995.
Miller motioned, Biles seconded to approve the minutes as
presented. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
3. Presentation of the Keep Texas Beautiful Awards and Yard of
the Month Awards.
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City of Denton City Council Minutes
July 5, 1995
Page 2
Bill Watson, Chair-Keep Denton Beautiful Board, presented the
awards: Keep Texas Beautiful Proud Community Award to the City;
Second Place Governor's Achievement Award to the City; First Place
- 1995 Media Award to the Denton Record-Chronicle; Second Place -
Ruth Jackson Youth Leadership Award to Community Leadership Team 8-
3 at Strickland Middle School; First Place - Small Business Award
to Frenchy Rheault.
4. Citizen Reports
A. The Council received a citizen report from Bob Stermer
regarding a rate increase in taxi fares.
Mr. Stermer stated that 5 years ago rates were set up indicating
what taxi companies could charge its customers. In the past five
years prices of automobile parts had increased 10-15%; mechanics
labor had increased $10-15 per hour, business taxes had almost
doubled, and insurance premiums had increased greatly. Neighboring
cities were charging $1.50 for an initial drop and $1.50 per mile.
He felt that Denton's rates should be increased to match the
neighboring cities. It was hard to keep drivers as they could not
pay them much due to the low fares. He asked to that the rates be
increased to $1.50 for the initial drop from the current $1.30;
increase to $1.50 each additional mile from the current $1.30;
increase to $.75 additional passengers from the current $.50; and
increase the waiting time from $10 per hour to $14. He felt it was
time for a change in the taxi rates.
Council Member Cott asked for a breakdown of the costs on a per
mile basis. He asked for the number of miles driven last year and
the number expected to be driven this year. Were they driving the
same number of miles or was there an increase over last year and
still the costs were going up.
Council Member Young asked if the company had any plans to upgrade
their cabs. Would the increase help upgrade the cabs.
Stermer replied yes that in the past year they had replaced a 1987
and 1988 car.
Council Member Brock stated that at the end of the Council session
she would be asking that this item be placed on a future agenda for
discussion.
B. The Council received a report from Jerry Cobb regarding
recipient usage of hotel tax funds as pertaining to the North Texas
State Fair Association.
Mr. Cobb was not present at the meeting.
City of Denton City Council Minutes
July 5, 1995
Page 3
153
The Council considered item 4.E.
E. The Council received a report from a representative of
the Denton County Amphitheater Association regarding the
distribution of Lalor funds.
Melba Jean Ryan stated that she was a member of the Denton County
Amphitheater Association and would be presenting the background of
the Association. The Association was formed in 1989 with a vision
of having an outdoor drama in Denton which would be family-
oriented, historical, art-oriented, and would utilize the abundance
of the area's artistic abilities. The current Board consisted of 17
members with a wide variety of expertise. By-laws were established
in 1990 and a 501(c)3 status had been obtained. Many presentations
had been made regarding the purpose, goals and progress of the
Association. Long range planning included consideration of
potential sites with a final recommendation on a site forthcoming.
C. The Council received a report from Dianne Edmondson
regarding the distribution of Lalor funds.
Ms. Edmondson stated that the Denton County Amphitheater
Association was asking to be part of the team receiving Lalor
funds. They did not want to compete with other groups but wanted
to be on the team. The Institute of Outdoor Drama was premiere in
the field of outdoor drama. Functioning with the Paul Green
Foundation, their credibility was unquestioned. The Institute
indicated that Denton had the strongest, most positive preliminary
study which they had ever conducted. There were three major
factors to consider when trying to put together a successful
outdoor drama - community support, site and the story. Community
support would be a given in Denton. A site needed to be easily
accessible and appropriate for the story. Paul Green's original
Texas drama, "The Lone Star", had been offered to the Denton
Association.
Mayor Pro Tem Biles asked about a report with findings which she
had mentioned.
Edmondson replied that it was a preliminary study.
Mayor Pro Tem Biles asked if Council could receive a copy of that
report.
Edmondson replied that it was preliminary to give that report out
at this point in time.
D. The Council received a report from Warren Searls
-- regarding the distribution of Lalor funds.
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City of Denton City Council Minutes
July 5, 1995
Page 4
Mr. Searls stated that he would present the economic impact of an
amphitheater. A 1,500 seat theater was proposed in the Denton area
with an average paid attendance of 1,000 people for 60
performances. At $10 per ticket, $600,000 per season would be
realized. If $70 per person was figured as the amount of money an
individual would spend while attending the drama, the figure, with
turnover, would be $14 million. He felt that Denton should be able
to equal the money which was realized at Canyon, Texas with its
outdoor drama. He felt that the Association could join with other
outdoor dramas to promote the advertising of the dramas, etc.
Other locations included Commerce, Waco, and Mineral Wells. He
asked that the Association be considered for Lalor funds.
Mayor Pro Tem Biles asked if the Association would be in compliance
with the State statute.
Searls stated that they had looked at the statute and felt that
they would be in compliance.
Council Member Young stated the project would make Denton look
good. He felt that there was a lack of minority participation.
Searls stated that he did not agree. There were minorities in the
cast and an availability of jobs for all citizens of Denton.
Council Member Young asked for the number of minorities on the
Association's Board of Directors.
Searls replied that there were no ethnic minorities.
Council Member Young felt that that was the only thing he could see
bad about the proposal.
Searls replied that they would be happy to work with minorities.
Edmondson stated that within the drama, there were parts for
minorities. Also, minorities were working within the framework of
the organization. The Association was trying to make this an all
inclusive organization.
Mayor Castleberry stated that the economic impact would be for the
area and not just for the City of Denton.
Searls replied correct that they would like to keep all the
economic impact in Denton but knew it would spread out in the
region.
Mayor Castleberry stated that Searls indicated that the site would
be within 30 minutes of Denton. He indicated that he would prefer
that the site be in the area where dollars could be spent in
Denton. He was not interested in promoting Decatur, Gainsville,
City of Denton City Council Minutes
July 5, 1995
Page 5
etc. He wanted to promote Denton.
Searls stated that the Association's Charter indicated that the
site would be in Denton County. The part of Denton County suitable
for this kind of drama would be north of Denton. The site needed
to be remote so not to have overhead noise and outdoor lights.
Mayor Castleberry stated he had attended several national meetings
regarding this issue and learned that some dramas only lasted three
years due to the fact that all the area residents had seen the
production.
Council Member Brock felt that such a drama would have a large pool
to draw from for attendance at the production.
5. Citizen Requests
A. The Council considered a request from Julia LoSoya for an
exception to the noise ordinance on Saturday, July 15 and 22, 1995
until 1:00 a.m. for the use of amplifiers and loudspeakers at the
North Texas State Fairgrounds.
Veronica Rolen, Administrative Assistant, stated that LoSoya had
asked for two exceptions until 1:00 a.m. for July 15th and July
22nd. The Council had granted two prior exceptions with only one
noise disturbance call. The organization had held other events at
the Fairgrounds with no exceptions. The event on February llth had
two noise disturbance calls before 10:00 p.m. and three after 10:00
p.m. The May 19th and June 3rd events had no calls.
Council Member Miller stated that the two prior exceptions were
approved to midnight. He asked why the time limit had been
increased.
Julia LoSoya stated the time limit was increased to 1:00 a.m. as
people worked late and were not getting to the event until
approximately 10:00 p.m. They had not had any problems with noise
since they faced the equipment to the south.
Council Member Cott felt when the Council issued a variance, it
should be on that which the neighborhood felt was traditional. If
the Council kept giving 1:00 a.m. there would be problems.
Council Member Krueger felt that LoSoya had shown good faith in
turning the speakers and felt the time was not extraordinary for a
1:00 a.m. time frame.
Council Member Young felt that the organization had shown good
faith in the past and a concern for the community.
155
Mayor Pro Tem Biles asked if the speakers were outdoors or indoors.
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City of Denton City Council Minutes
July 5, 1995
Page 6
LoSoya stated that they were indoors away from the neighborhood.
Council Member Biles asked if the exception was granted would she
continue with that approach.
LoSoya replied correct.
Council Member Brock asked what building was used.
LoSoya replied the middle exhibit hall.
Mayor Castleberry asked if alcoholic beverages were sold.
LoSoya replied that the individuals brought their own.
security officers were available on Saturday.
Extra
Cott motioned, Krueger seconded to approve the exceptions.
Council Member Miller asked if LoSoya was present when the
disturbance calls were made and the nature of the calls.
LoSoya replied that the amplifiers were not faced south and that
was when the calls were received.
Council Member Miller felt that a commitment was needed that the
noise level would remain low and not disturb the neighborhood.
LoSoya stated that the officers helped with the noise level and
indicated when the level was too loud.
Council Member Cott called the question.
Council Member Brock stated that in the past when the Council had
requested an exception until midnight, she had supported that
exception. It was not just a matter of the music or how much noise
the program would generate. If the event ended at 1:00 a.m.,
people then started going home. That created a disturbance for a
least a half an hour.
On roll vote, Miller "nay", Young "aye", Cott "aye", Krueger "aye",
Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 5-2 vote.
6. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance to rezone 2.171 acres from the Agricultural (A)
zoning district to the Two Family Conditioned (2F(c)) zoning
district and th~ Single 10 Conditioned (SF-10(C)) zoning district
on property located on the southwest corner of Haggard and Hinkle.
(The Planning and Zoning Commission recommended approval 4-0.)
City of Denton City Council Minutes
July 5, 1995
Page 7
Mayor Pro Tem Biles left the meeting.
Frank Robbins, Director of Planning amd Development, stated that
this was one zoning ordinance with two districts in it. There
would be SF-10 and 2F-conditioned zoning. The property would not
have more than 13 units and was located in a low intensity area.
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:
NO. 95-122
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 10
CONDITIONED (SF-10(c)) AND THE TWO FAMILY CONDITIONED (2f(c))
ZONING CLASSIFICATIONS AND USE DESIGNATIONS FOR 2.171 ACRES OF
LAND LOCATED ON THE SOUTHWEST CORNER OF HAGGARD LANE AND
HINKLE DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Brock motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Mayor Pro Tem Biles returned to the meeting.
7. Consent Agenda
Miller motioned, Brock seconded to approve the Consent Agenda as
presented. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castteberry
"aye". Motion carried unanimously.
A. Bids and Purchase Orders:
1. Proposal #1780 - Public Official Liability
Insurance
2. PC #56007 - Paradigm Traffic Systems
157
~ 8. Consent Agenda Ordinances
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City of Denton city Council Minutes
July 5, 1995
Page 8
Council considered Consent Agenda Ordinances 8.A. - 8.B. Brock
motioned, Young seconded to adopt the ordinances. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
A. NO. 95-123
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING
A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
(6.A.1. - Proposal #1780)
Be
NO. 95-124
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 PROVIDINGAN EFFECTIVE DATE.(6.A.2.
- PC #56007)
9. Ordinances
A. The Council considered adoption of an ordinance vacating
a certain public utility easement shown on the Lot 1R, Block 1
replat of the Denton Area Teachers Credit Union Addition, filed in
Cabinet H, Page 279 of the plat records of Denton County, Texas.
(The Planning and Zoning Commission recommended approval 6-0.)
Frank Robbins, Director for Planning and Development, stated that
an easement had been platted in anticipation of a public sewer line
on the property. It was determined that that was not a place for
the line so the improvement was moved and there was now no need for
the utility easement.
The following ordinance was considered:
NO. 95-125
AN ORDINANCE VACATING A CERTAIN PUBLIC UTILITY EASEMENT SHOWN
ON THE LOT iR, BLOCK 1 REPI~kT OF THE DENTON AREA TEACHERS
CREDIT UNION ADDITION, FILED IN CABINET H, PAGE 279 OF THE
PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
City of Denton City Council Minutes
July 5, 1995
Page 9
B. The Council considered adoption of an ordinance pursuant
to Section 20-1 (c) (2) of the Code of ordinances of the City of
Denton, Texas, an exception to the limitations imposed by that
section .with respect to hours of operation of an amplified
loudspeaker system. (North Texas State Fair and Rodeo)
Veronica Rolen, Administrative Assistant, stated that at the June
6, 1995 meeting, the Council approved a resolution that adopted a
policy to allow for three year exceptions to the noise ordinance
for qualifying organizations and the North Texas State Fair had
requested such an exception. To qualify for this exception, an
organization had to demonstrate three consecutive years of
responsible activity. Council had granted exceptions from 1992 -
1994 during which time two noise disturbance related calls were
received in 1993. Each time the Fair had requested the exception
there had been a great deal of discussion among the Council,
neighborhood residents, and the Fair. In 1992 and 1993 Council
approved an exception for the Fair for the following hours: Monday
- Thursday until 11:00 p.m.; Friday and Saturday until 12 midnight;
and one Sunday from 1:00 p.m. - 11:00 p.m. and one Sunday from 8:00
a.m. - 4:00 p.m. In 1994 the Fair requested the same hours and
that request was denied. However, the Fair returned to Council the
following meeting with amended hours. Council then approved the
hours of Monday - Thursday until 10:30 p.m.; Friday and Saturday
until 12 midnight; and the first Sunday 1:00 p.m. - 11:00 p.m. with
the second Sunday 1:00 p.m. - 4:00 p.m. During previous
expressions regarding the ordinance format, Council had expressed
an interest to prohibit the use of amplified speakers under any
circumstances between the hours of 12 midnight and 7:00 a.m. Staff
had informed Mr. Roden of that concern and because of Council's
direction, the hours requested by the Fair Association had been
amended by staff in the ordinance to indicate a 12 midnight time on
Friday and Saturday nights. If Council desired, the hours on
Friday and Saturday could be modified prior to the adoption of the
ordinance.
council Member Young asked about the two complaints in 1993.
Rolen stated that they were noise disturbances with the music being
too loud. One complaint was received prior to 10:00 p.m. The
second complaint indicated that the music was too loud but the
responding officers felt that it was not too loud.
Council Member Cott stated that he would like to see 10 police
officers added at closing time until one or two hours after
closing.
James Roden, North Texas State Fair Association, stated that the
Fai~ alway~ hi~ed all of the police ~e~e~ve~ plu~ a numb~m of
uniformed officers were on duty until closing.
159
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City of Denton City Council Minutes
July 5, 1995
Page 10
Council Member Cott stated that he had a problem with the open
containers left at the retirement homes driveways and on cars. He
asked that the Fair do something about that situation.
Roden stated that the Fair had a clean-up crew which policed that
area first thing at 7:00 a.m.
Krueger motioned, Young seconded to approve the exception for the
hours of 8:00 a.m. - 12 midnight Monday through Friday with an
additional hour on Saturday. Sunday hours would be until 11:00
p.m.
Council Member Miller stated that he had been a strong supporter of
the Fair hours. The Fair schedule indicated that the live
entertainment was over at 10:30 p.m.
Roden replied that the rodeo was over at 10:00 p.m. One major
problem last year was that the vendors needed more time after the
events were over. The Fair tried to run until 11:00 p.m. with no
stage activities and no amplified activities past 11:00 p.m. during
the week.
Council Member Miller stated that the ordinance did not indicate
that the Fair would have to close the Fair at 11:00 p.m. The
ordinance had to do with the amplification. The ordinance did not
deal with the hours of operation of the Fair but the hours the Fair
was given the authority to operate amplified equipment.
Roden indicated that the Fair had to run slack with the rodeo.
Council Member Brock stated that the vendors could still sell to
people after the rodeo activities.
Roden stated that when the entertainment gone, the crowds began to
leave.
Council Member Krueger felt that asking for 12 midnight Monday
through Friday was a way to help with the traffic noise. He felt
the request was reasonable.
Council Member Miller stated that he understood the purpose of the
three year ordinance was to allow Council to make these exceptions
in order to not have to h~a~ the ~eques%s each year. Except for
last year, the two previous years had the hours of operation at
Monday - Thursday until 11:00 p.m.; Friday and Saturday until 12
midnight; and one Sunday until 11:00 p.m. and one until 4:00 p.m.
In 1992 when these hours were first established, the question was
asked if those were the operating hours of the Fair and the Council
was told that that was ~orr¢ct. The Fair operation would ~ot be
hampered if the noise was regulated during those hours. The hours
of the Fair would be regulated. He expressed a concern that the
City of Denton City Council Minutes
July 5, 1995
Page ll
161
exception would be granted for three years as these were longer
hours than approved before. It was not in keeping with the spirit
of a three year period.
Council Member Young felt that the Fair was a 75 year tradition
which brought in money to Denton. The Fair was only asking for
another hour of operation. He felt that the Council should grant
the exception as asked for. He had a concern for the neighbors but
the Fair needed to do business. This was for only one week during
the year.
Council Member Miller stated that the August 4, 1992 minutes
indicated that the Fair had operated in good faith for 44 years and
that the Fair previously had not known that they were in violation
of the city ordinance regarding a noise exception. He felt that he
supported the Fair but was concerned about the residents who lived
within the neighborhood. With an exception until midnight, the
noise could continue until midnight and not 11:00 p.m. which had
worked in the past.
Council Member Brock asked what had changed since last year. In
the past the Fair had indicated that 11:00 p.m. was adequate during
the week to shut off the amplifiers. The Fair did not have to
close at a certain time but rather amplified sound would not
continue after a certain time.
Roden stated that the Fair had volunteered to cut back the hours in
the past due to Council pressure. The Fair had operated for 60
years without a noise request. When the noise exception request
was made, the Fair gave up time due to the way the Council felt.
Council Member Krueger stated that the vendors were losing money on
the earlier hours. Several community organizations were out at the
Fair and attendance was down as the Fair closed too early.
Council Member Brock asked what time the amplifiers ended in the
past.
Roden stated that there was no certain time.
gone until 1 a.m. on Saturday night and 12
night.
The dance had always
midnight on Friday
Council Member Cott stated that one reason people did not come back
to the Fair was due to the behavior of the people when they left
the park. It was not a family atmosphere and might be one of the
reasons the City was losing business.
Mayor Pro Tem Biles stated that the August 4, 1992 minutes
indicated that the City Attorney stated that there had been
discussion regarding the discovery and enforcement of the ordinance
and it was her legal opinion that "it was not a violation to
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City of Denton City Council Minutes
July 5, 1995
Page 12
operate a loudspeaker during the prohibited hours". The ordinance
did not prohibit operating a loudspeaker. The ordinance prohibited
the operation of a loudspeaker in a manner, given the lateness of
the hour, which would be offensive to some individuals. Quite
often it was the conduct of persons leaving the grounds and their
conduct off of the property going to their cars on the streets and
on private property. Council Member Cott's suggestions were well
taken and the Fair had already addressed those issues. It appeared
that there was a sufficient number of officers to assist with
people leaving the Fair and morning cleanup had been incorporated.
The Council was dealing with the noise ordinance and not with other
problems which might be associated with the Fair. Those problems
should be addressed in proper context and not with the noise
ordinance. This was a short period of time given the impact of the
economic value to Denton.
Council Member Young stated that the Fair brought in many people.
The problems were social problems and not in control of the Fair
officials. He understood the businesses had an understanding with
the Fair Association. People attending the Fair used the area
stores. The Fair cleaned up the lots early in the mornings and the
cleanup procedure was improving each year.
Council Member Miller stated that the ordinance dealt with agreeing
to ceasing the use of amplified loudspeakers between certain hours.
The ordinance dealt with just the use of amplified loudspeakers.
He motioned an amendment to the motion which would cease the use of
amplified loudspeakers at 11:00 p.m. Sunday - Thursday and at 12
midnight on Fridays and Saturdays. Brock seconded that amendment.
Council Member Krueger stated that the amendment would defeat the
purpose of his motion. It would set time limits again and put
constraints the Fair. It was not fair to the Association.
Council Member Miller stated that the only restriction was on the
use of amplified loudspeakers. It was not on the operation of the
Fair itself. He had talked with members of the Association and not
everyone agreed that it would be harmful if the hours for
amplification were ended at 11:00 p.m. during the week and 12
midnight on weekends.
Council Member Cott stated that it was Council's job to do this.
It was not Council's job to make everything easy for everyone. In
the past he had voted in favor of the Fair. Council needed to
understand that there were pieces to the situation which needed to
be better disciplined.
Council Member Brock stated that the Fair Association had worked
the last several years to clear up some the problems such as
parking in the area. There were homes on Denison Street with no air
conditioning and on Sunday nights parents had to get children ready
City of Denton City Council Minutes
July 5, 1995
Page 13
163
to go to school. There were families living in area who needed
consideration. The hours requested in the past were responsible.
On roll vote for the amendment, Miller "aye", Young "nay", Cott
"nay", Krueger "nay", Brock "aye", Biles "nay", and Mayor
Castleberry "nay". Motion failed with a 2-5 vote.
The following ordinance was considered:
NO. 95-126
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT
TO SECTION 20-1 (c) (2) OF THE CODE OF ORDINANCES OF THE CITY
OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY
THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN
AMPLIFIED LOUDSPEAKER SYSTEM; AND SETTING AN EFFECTIVE DATE.
On roll vote of main motion, Miller "nay", Young "aye", Cott "aye",
Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry
"aye". Motion carried with a 5-2 vote.
C. The Council considered adoption of an ordinance
authorizing the Mayor to execute a contract for the collection of
delinquent taxes.
Mayor Pro Tem Biles left the meeting.
Herb Prouty, City Attorney, stated that a contract had been
negotiated with the McCreary, Veselka, Bragg and Allen lawfirm.
Prior to that negotiation, a contract had been written and signed
by the previous lawfirm. There were some changes in that contract.
One change was to the demand letter changing it to a notice of
delinquency letter. There were changes in language used to require
the McCreary firm, only on the City's demand, to reduce delinquent
accounts to judgement. The third non-material change removed a
provision which allowed for compensation for the prior firm.
Council Member Cott left the meeting.
Prouty stated that there were two substantive changes. The Blair
firm had agreed to provide for $1 million in professional liability
insurance for errors and omissions. This was a new provision which
had never been in the tax contracts before. The McCreary firm
would not agree to the professional liability insurance as there
was a low risk of suits or professional liability for delinquent
taxes.
Mayor Pro Tem Biles returned to the meeting.
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City of Denton City Council Minutes
July 5, 1995
Page 14
Prouty continued that the City did not waive its sovereign immunity
on the assessment or collection of taxes. In most cases if that
defense was alleged, there would be no liability on the City's
part. Without the professional liability insurance there was a
somewhat greater risk due to the fact that there was no solvent
insurance company to stand behind a provision with regard to errors
and omissions.
Council Member Cott returned to the meeting.
Prouty stated that the other material change was in the proposal
from McCreary. They had agreed to pay the City $750 a month for
the use of the City's computer terminal. They would not agree to
this as the Blair firm was only paying $375 per month. The
McCreary firm had also indicated that they would not use the
computer terminal and could not justify paying $750 but would agree
to $375.
Council Member Miller asked if the liability policy was a part of
the request for proposal.
Prouty replied no that it was a provision added as a part of trying
to improve the contract.
Council Member Miller asked if it was in the first contract.
Prouty stated that it was in the Blair contract and they had agreed
to sign that contract.
Council Member Miller stated that Blair had agreed to sign the
contract along with the $375 per month charge for the computer
terminal. This contract removed the liability policy and reduced
the monthly fee to $375.
Prouty replied that the proposal of the McCreary firm did offer
$750 a month for the computer terminal.
Council Member Miller asked what brought about the change. Was
that a negotiated change.
Jon Fortune, Chief Finance Officer, stated that it had been
discussed. In the past they had used the computer terminal in the
tax office. They were now on line via a modem and the need was not
as great.
Council Member Miller asked why the dollar amount changed.
Gilbert T. Bragg stated that the process was a negotiated process.
The first meeting was a giv~ and take discussion. The ~econd
meeting incorporated the changes into the contract.
City of Denton City Council Minutes
July 5, 1995
Page 15
!65
Council Member Miller stated that staff had negotiated to not
require the liability policy.
Bragg replied that that was his feeling.
Council Member Miller stated that there was still some potential
additional liability for the City.
Bragg felt that this situation would be very remote. They had had
a situation with other clients where a tax had not been collected.
If his firm committed an error and an account was left out, they
would write a check for the amount.
Prouty stated that there was an indemnity clause still in the
contract. This was a new requirement. Without that requirement,
there was a slight risk. The risk to the City losing money was
slight but still there.
Bragg stated that the reason for having the computer terminal
rental charge originally was that the firm came to the City offices
and used the facility. As it now stood, they were on-line with the
City. The $375 paid for the tapes supplied by the City. The City
had a monthly cost and that was compensation for those tapes.
Council Member Miller asked why the $750 was in the original
proposal and not in the second contract.
Bragg stated that Miller was asking for a rehashing of the
negotiations which he did not have a problem doing. The contract
submitted was identical to the contract that they were currently
operating under which included the $750 per month and was a three
page contract. The contract which the City Attorney prepared was
a nine page contract.
Prouty stated that even with the variations from the Blair firm
there were additional conditions which were not in the current
contract.
Council took a short recess. After the recess, Council Members
Miller, Brock and Cott were not present.
Mayor Pro Tem Biles stated that the primary changes were that there
would be no requirement for liability insurance and a reduction in
the rental for computer terminal.
Bragg replied correct.
Council Member Miller returned to the meeting.
The following ordinance was considered:
166
City of Denton City Council Minutes
July 5, 1995
Page 16
NO. 95-127
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
THE COLLECTION OF DELINQUENT TAXES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
Council Members Brock and Cott returned to the meeting.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "nay", Young "aye", Cott "aye", Krueger "aye", Brock
"nay", Biles "aye", and Mayor Castleberry "aye". Motion carried
with a 5-2 vote.
10. The Council considered approval to decrease the Electric
Energy Cost Adjustment (ECA) rate.
Bob Nelson, Executive Director for Utilities, stated that approval
of this request would reduce the electric energy cost adjustment
rate from $1.90 per KWH to $1.40 per KWH effective July 5, 1995.
The Public Utility Board had approved the rate reduction. Natural
gas prices had declined due to a warm winter and a mild summer
which had held demand down. The months for the reduction would be
July, August and September and would be reconsidered in October.
Council Member Young stated it was always good to have a rate
reduction. He asked for the number of people in his department.
Nelson replied that there were 131 people in the Electric
Department and approximately 35 at the generating plant.
Council Member Young asked for the number of minorities at the
generating plant.
Nelson replied approximately 2-3 minorities.
Council Member Young stated that there were no Blacks in the
Electric Department. Something needed to be done about that and
more minorities were needed all the way down the line. He was
elected to bring that to his attention. Young wanted Nelson to
hire minorities.
Council Member Cott stated that the City just received a reduced
position by Moody's. It was his recommendation to not reduce the
prices but rather build up the net worth of the division.
Mayor Pro Tem Biles stated that the City had a TMPA debt which
would require servicing in the future and the Council had had
discussions on how to address that debt. He a~kcd if the Go~t
reductions proposed were based on the Spencer Plant generation or
out of TMPA.
City of Denton City Council Minutes
July 5, 1995
Page 17
167
Nelson replied that the reduction had nothing to do with the TMPA
cost of power as the TMPA cost of power had not changed. The
effects of any change in reduction of costs had not been passed
through yet nor had anything regarding the Powder River coal
conversion process been passed on. This was strictly the other 35%
of the energy. Sixty-five percent of the energy was from TMPA and
35% was from the City's local plant or from sister cities.
Mayor Pro Tem Biles stated that if the Council approved the
reduction, that half cent reduction only reflected the natural gas
costs for the City's domestic production in Denton.
Nelson replied correct.
Mayor Pro Tem Biles asked if the half cent reduction would address
the need for compliance with the existing ordinance to bring it
within the $500,000 window on costs.
Nelson replied that the energy cost adjustment ordinance expressed
that any time it appeared that the City would be collecting more
than $500,000 than what the costs actually were, adjustments would
be made in the next quarter to correct for that.
Mayor Pro Tem Biles stated that reserves could be accumulated by
various means.
Nelson replied correct.
Mayor Pro Tem Biles asked if there was anything like that now.
Nelson replied that projections for net income at end of year would
be over that amount. They would still be collecting approximately
$400,000 over that amount.
Mayor Pro Tem Biles stated that the $400,00 was based on the
natural gas costs and if any other savings were achieved, they
could be used for a reserve for future debt service.
Nelson replied correct.
Mayor Pro Tem Biles stated that the half cent would be a major
break to customers and was based on natural gas not on TMPA as was
reported in the paper.
Nelson replied correct.
City Manager Harrell commented on the reference of action taken by
Standard and Poors. The City of Denton did not receive any kind of
downgrade in its current bond rating. The City's business outlook
was changed from a positive to a stable but the basic bond rating
was unchanged. When the City questioned the action taken by
168
City of Denton City Council Minutes
July 5, 1995
Page 18
Standard and Peers, the answer was due to the situation with TMPA
and the pricing structure coming out of that. The Agency went to
great lengths to congratulate the City on its healthy reserve level
and its pricing structure. There was no action which the Council
could take other than the recommendation from the Public Utilities
Board to not pass on this three month decrease.
Council Member Cott asked if the half cent could be used for the
TMPA bonds.
City Manager Harrell stated that the City could not do that
independently. The TMPA Board needed to develop a plan on how to
retire that debt early and try to drive down the spike in costs.
Harrell stated that Council Member Young had requested a report
regarding minority representation in all the work units in City.
Staff was compiling that information and would be presented to all
Council Members soon. As discussed during the planning session,
the City had a very active and aggressive affirmative action
program. The program tried to attract minority representation to
all city departments.
Council Member Young stated that the city had 90 firemen with no
Blacks and no females on staff. The Police Department had only one
Black and there were no Blacks in the Electric Department. This
had been going on for many years and he would like some results.
Mayor Pro Tem Biles requested the comments from Standard and Peers
in some type of written format.
City Manager Harrell stated that the Finance Department had
furnished the additional write up regarding the City of Denton.
Biles motioned, Young seconded to approve the rate decrease.
Council Member Brock stated that she had attended a session at the
APPA Conference relative to bond ratings. Standard and Peers
answered questions regarding institutional analysis of investments.
They indicated that no utility, public or private, would be given
a AAA bond rating in this climate. The gave the higher rating to
those utilities which were in greatest position of flexibility.
This was one of many situations the City had with TMPA which
reduced the flexibility of the member cities.
Council Member Cott asked that instead of a price decrease, could
half be given to the economic development fund.
Mayor Castleberry stated that that was not part of the motion.
cott motioned, Young seconded to have half ~h~ funds be given to
the economic development fund managed by the City and the Chamber.
City of Denton City Council Minutes
July 5, 1995
Page 19
169
City Attorney Prouty questioned whether this was allowed per the
ordinance. It appeared to him that it was discretionary whether to
pass the rate decrease on to the customers.
Council Member Krueger stated that he would like to help economic
develop but was hesitant as the parameters of the economic
development committee had not been established at this point in
time. He felt this would be premature funding. The savings were
for a three month period and would be more beneficial to the City's
customer base to pass the reduction on to customers.
On roll vote of Cott's motion, Miller "nay", Young "aye", Cott
"aye", Krueger "nay", Brock "nay", Biles "nay", and Mayor
Castleberry "nay". Motion failed with a 2-5 vote.
On roll vote of original motion, Miller "aye", Young "aye", Cott
"aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
11. The Council considered nominations/appointments to the City's
boards and commissions.
Animal Shelter Advisory Board - Council voted on the nomination for
Lynn Stuckey. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
Board of Adjustment - Council voted on the nomination for Bill
Colville. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
Cable T. V. Advisory Board - Council voted on the nomination for
John Kuiper. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously. Council voted on the
nomination for Candice Liepa. On roll vote, Miller "aye", Young
"aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Community Development Advisory Committee - Council voted on the
nomination of Lisa Polack. On roll vote, Miller "aye", Young
"aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Data Processing Advisory Board - Council voted on the nomination of
Don Edwards. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously. Council voted on the
nomination of Anthony Hudspeth. On roll vote, Miller "aye", Young
"aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
17
City of Denton city Council Minutes
July 5, 1995
Page 20
Mayor Castleberry "aye". Motion carried unanimously.
Downtown Advisor Board - Council voted on the nomination of Bernice
Wilson. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously. Council voted on the
nomination of Bill Thomas. On roll vote, Miller "aye", Young
"aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Council Member Krueger withdrew his previous nomination to the
Electrical Code Board.
Human Services Committee - Council voted on the nomination of Roy
Davenport. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously. Council voted on the
nomination of Mary Morimoto. On roll vote, Miller "aye", Young
"aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Keep Denton Beautiful Board - Council voted on the nomination of
Frenchy Rheault. On roll vote, Miller "aye", Young "aye", Cott
"aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried unanimously. Council voted on
the nomination of Cresah Sanford Beattie. On roll vote, Miller
"aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Council Member Krueger withdrew his previous nomination of Martha
Len Nelson.
Library Board - Council voted on the nomination of LaKish Cravens.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Parks and Recreation Board - Council voted on the nomination of
Gwendolyn Carter. On roll vote, Miller "aye", Young "aye", Cott
"aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
Planning and Zoning Commission - Council Member Young wi%hdrew his
nomination of Slick Smith.
Sign Board of Appeals - Council Member Krueger withdrew his
nomination of Bob Powell. Council voted on the nomination of Mark
Chew. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger
"ay~"~ Brock "ay~"~ Biles "aye"~ and Mayor Castleberry "aye".
Motion carried unanimously.
City of Denton City Council Minutes
July 5, 1995
Page 21
171
Traffic Safety Commission - Council voted on the nomination of
Carolyn Bacon. On roll vote, Miller "aye", Young "aye", Cott
"aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
Council made the following nominations:
Animal Shelter Advisory Board
Mayor Castleberry - Bob Rohr
Council Member Young - Brenda Sherpell
Downtown Advisory Board
Council Member Miller - Dan Martin
Keep Denton Beautiful Board
Council Member Krueger - Robert Gentile
Planninq and Zoninq Commission
Council Member Young renominated Bob Powell.
Mayor Castleberry asked for a ruling from the City Attorney as Mr.
Powell had been nominated and not approved by a Council vote.
Council Member Young was renominating him for the same position.
Herb Prouty, City Attorney, stated that that would be a
reconsideration issue and someone who voted against the nomination
would have to make a motion to approve that nomination.
Mayor Castleberry asked if any one of the four who voted against
the original nomination for Bob Powell would make a motion for
reconsideration. Hearing none, the Mayor stated that it could not
be reconsidered. He asked Council Member Young if he had another
nomination.
Council Member Young nominated Guy Jones.
Mayor Castleberry indicated that Guy Jones had already been
nominated and voted on.
Council Member Krueger stated that he would like to withdraw his
nomination of Guy Jones.
Mayor Castleberry asked for a ruling on someone who had already
been elected.
City Attorney Prouty asked if Jones had been sworn in yet. He felt
that it would be proper to withdraw the nomination but as the
1 7 2City of Denton City Council Minutes
July 5, 1995
Page 22
Council voted to approve the nomination, it would need to vote on
the withdrawal.
Brock motioned, Biles seconded to approve the withdrawal of Guy
Jones from the Planning and Zoning Commission. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Council Member Krueger - Bob Powell
siqn Board of Appeals
Council Member Krueger - Eldon Seaton
12. The Council considered nominations/appointments to. the
Denton/Denton County Sesquicentennial Celebration Committee.
Council Member Young nominated Effie Johnson and Sarah Parker.
Council Member Krueger nominated Terry and Ellen Schertz, Tim
Crouch and Camille Milner and Carol Ann Ganzer.
13. Vision Update
No report was given.
14. Miscellaneous matters from the City Manager.
A. The Council received a report concerning the latest
honorees added to the Wall of Honor.
City Manager Harrell stated that letters of appreciation and other
comments from citizens regarding the performance of City employees
were displayed in City Hall. These were rotated on a quarterly
basis and the current letters were now in place on the Wall of
Honor.
B. The Council received a draft copy of the hotel occupancy
contract and gave staff direction.
Jon Fortune, Chief Finance Officer, stated that the draft contract
incorporated the changes requested by Council during the June 20th
work session. The contract incorporated the language to allow any
excess funds over the budgeted amount to be distributed in the
subsequent year according to the contracted allocation percentages.
It also allowed for a two year contract.
Mayor Pro Tem Biles stated that paragraph 3.1 specifically
referenced the excess funds. If a contract was not executed for a
subsequent budget year, where would the excess revenue go.
City of Denton City Council Minutes
July 5, 1995
Page 23
Fortune replied that that would be up to the Council to decide. It
could be held until an new contract was established with a new
recipient.
Mayor Pro Tem Biles stated that Council should send the contract to
all the current recipients to allow for a time to review and a time
to respond.
Mayor Castleberry stated that if that was a motion the contract
would be sent to the Denton Convention and Tourist Bureau, the
Greater Denton Arts Council, the North Texas State Fair
Association, the Denton County Historical Museum, and the Denton
County Historical Foundation. Krueger seconded.
Mayor Pro Tem Biles restated that his motion would be that
contracts be prepared using the dollars figures reflected in
Scenario A for the previously mentioned five entities. One change
would be that the allocation rate of .11% for the Denton County
Historical Foundation would be reduced to .06% for the 1995-96
budget year. That .05% which had been taken from the Historical
Foundation would be added to the Denton County Historical Museum so
that their 1995-96 tax rate allocation would be .83% instead of
.78%. The present format of contract would be prepared and
submitted for review by the five contractual recipients noted in
Scenario A. The 1995-96 proposed budget number would be
incorporated and the tax rate allocations except for the addition
of .05% percent added to the Historical Museum. Young seconded the
motion.
Council Member Brock asked why Mayor Pro Tem Biles wanted to make
such a modification for the Foundation.
Mayor Pro Tem Biles stated that it was his understanding that there
was a working partnership between these two entities. The
Foundation had been the recipient of funds to take care of
contributing dollars for historical markers. With the reduction in
operating revenue which was available, they could not do that.
Those functions still needed to be done and thus the Historical
Museum would have to do that. The Museum had increased its scope
of services and would be receiving large donations and would need
additional revenue for cataloging and preservation of those
donations. The City needed to deal with the application of funds
in the best and highest use of those particular funds.
Fortune stated that if .05% were used for the Historical Museum, an
equal amount would be reduced for alternate organizations.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
173
174
City of Denton City Council Minutes
July 5, 1995
Page 24
Fortune asked for direction on when Council would like to review
other requests for allocation.
Mayor Castleberry suggested that they be ready for the next
meeting. He asked the City Attorney to review those who had
requested funds to make sure they could meet the requirements.
Mayor Pro Tem Biles stated that those alternate organizations would
be the Black Chamber of Commerce, the Denton County Amphitheater,
and the Main Street program.
Fortune replied that those three had requested funding. There were
a number of other requests which the Council subcommittee had
received which Council could again review.
Mayor Pro Tem Biles stated that Council had given some type of
direction on limitation on how many extra organizations.
Mayor Castleberry felt there was no number set.
Mayor Pro Tem Biles felt that it was limited to those who had been
discussed last year.
City Attorney Prouty felt that there was some sort of time limit.
Fortune replied that there was a time limit so as to get the
information for the last meeting in June.
Mayor Pro Tem Biles stated that only the Denton Main Street, the
Black Chamber of Commerce, and the Amphitheater were being
considered.
Council Member Miller asked about those organization which had
applied last year but who were not recommended by the Committee.
City Manager Harrell requested a clarification regarding the
presentation. If Council wanted to hear presentations from each of
the agencies, he requested that Council consider them on the 18th
of July as opposed to the next meeting. The next meeting was
reserved to the Major Budget Issues report.
Mayor Pro Tem Biles suggested that rather than have presentations,
the Council could p~ceed ~n the basis of the written ma%erials.
Mayor Castleberry summarized that these be considered on the 18th
of July and to notify the other organization which had met the
deadline. The previous backup materials could be used for
questions.
Consensus of the Council was to proceed as noted by the Mayor.
City of Denton City Council Minutes
July 5, 1995
Page 25
175
C. The Council received a report and held a discussion
regarding the proposed 1996-2000 Capital Improvements Program and
discussed the Blue Ribbon Committee.
Kathy DuBose, Executive Director for Finance, stated that at the
Council's request, the Planning and Zoning Commission met on June
14th to consider amending their recommendation of the 1996-2000 CIP
program. The Commission passed a motion to recommend to the City
Council to carry forward with the CIP as stated by staff with the
specific addition of the input of all the Vision Committees prior
to finalizing expenditure items and line item dollars.
Council Member Young asked about the projects listed.
DuBose replied that the Planning and Zoning Commission approved the
CIP document as presented by staff and asked that once the
recommendations were made by the individual Vision Committees that
those be forwarded to Council for consideration.
Council Member Young wanted to make sure some projects in southeast
Denton were included such as the paving of Pecan Creek and Willow
Creek.
City Manager Harrell stated that if Council followed the procedure
used in the past with bond issues, it would take the recommended
CIP from the Planning and Zoning Commission to use as a starting
point for a Blue Ribbon Committee to look at the projects and make
changes, additions or recommendations to those projects. Those
would be forwarded to Council for consideration prior to submission
to the voters. There would be at least two opportunities for
Council to look at the projects submitted to voters and make
suggestions discussed.
Council Member Young stated that he could not put projects for
southeast Denton in at this time.
City Manager Harrell stated that all the Council had now was a
planning document. That document would not be submitted to the
voters.
Council Member Young stated that he would like to see the paving of
Pecan Creek which had been put off for 20 years as was Willow
Creek. He wanted to be sure that they would be in the bond issue.
He wanted to make sure his projects would be in the bond issue.
Mayor Castleberry stated that the Council would appoint a number of
people to serve on the committee.
City Manager Harrell stated that questions had been posed about the
Blue Ribbon Committee and how it functioned in the past. The type
of bonds which would be submitted to the voters would be general
176
City of Denton City Council Minutes
July 5, 1995
Page 26
obligation bonds requiring a 50% voter majority before approved.
In 1986 the proposition was divided into seven different
propositions.
Council Member Young and Mayor Pro Tem Biles left the meeting.
Harrell stated that by dividing the propositions, the voters were
given the ultimate authority to pick and choose the various
projects which were appropriate. In 1986 a decision was made that
the bond package would be presented as a no tax increase bond
issue. That meant that the current tax levy generated for bonded
indebtedness would be sufficient to generate enough revenue to pay
off the new bonds ~ich would be issued. To do that again, it
would be necessary to have a bond package of approximately $27
million over a five year period of time. Portions of that $27
million would be sold in increments over those five years. In 1986
there were 51 members appointed by the Council to the committee.
Each member appointed 7 members plus one chairperson. Great care
needed to be given to the members selected to the committee. In
the past the committee shaped the recommendation but also took the
leadership to present the issues to the citizens. The Council
appointed a committee but would retain ultimate authority to make
modifications to the Blue Ribbon Committee's recommendations before
going to the voters. In regards to timing of the election, the
City was currently out of bond authority to issue new debt and
continue the CIP. It was critical that the proposal go to the
voters in late winter or early spring of next year. There was a
need to leave about six months from the time the committee was
named to the election.
Council Member Miller stated that last time from the time the Blue
Ribbon Committee was appointed to the election was 3 months. He
felt that the December time frame most the successful time frame.
He questioned if the DISD would be doing any type of bond election.
Council Member Krueger stated that Lewisville would be having a
large bond election in October/November. The time period would
effect Denton's election and the Council needed to work with the
County and the DISD.
Council Member Young returned to the meeting.
Council Member Bro~k asked if the County bond election would be in
September.
Mayor Castleberry stated that it would be August 26th.
Council Member Krueger felt that a committee of 51 people was too
large,
Mayor Pro Tem Biles returned to the meeting.
City of Denton City Council Minutes
July 5, 1995
Page 27
Council Member Cott left the meeting.
Council Member Miller stated that last time there were a number of
issues which were divided among the members of the committee.
There were 8-9 subcommittee with 10-12 people for each issue. The
whole committee then dealt with the recommendations of the
subcommittees.
Council Member Krueger felt that the number of appointments would
be tied to the number of subcommittees.
Council Member Miller stated that the appointees were given a
choice of which committee to work with, based in the interests of
those appointed.
Council Member Cott returned to the meeting.
Council Member Brock stated that Council needed to appoint people
they had a great deal of confidence in.
Mayor Pro Tem Biles stated that he was concerned about the large
size of the committee but felt that there needed to be a large
enough group to carry out a number of the other functions such as
presenting the propositions to citizens. He felt Council should
consider addressing a structural implementation to know how many
subcommittees there would be before proceeding so that Council
could have an appointment to each subcommittee. Each Council Member
would have representation on each subcommittee.
Council Member Brock felt it would be harder to make appointments
if Council had to assign individuals to specific committees. The
committee represented the community and the point of having a
committee was to reflect the broad spectrum of the community. If
Council told an individual ahead of time what committee he would
serve on it would diminish the role of the committee.
Mayor Castleberry state that Council needed to determine of number
individuals to appoint. Council could pass a resolution at the
meeting of the 18th which would start the process.
Council Member Krueger suggested a 50 member committee with each
Council Member having 7 appointments.
Consensus of the Council was to have a committee of 50 members with
each Council Member appointing seven members each and all electing
a chair.
177
Mayor Pro Tem Biles asked for a general grouping of topic matters
__ to assist him with his appointments.
178
City of Denton City Council Minutes
July 5, 1995
Page 28
D. The Council received and discussed the results of the
supplemental 1995-96 Budget Priorities Questionnaire.
Jon Fortune, Chief Finance Officer, stated that each year during
the budget process, staff submitted to Council a budget priorities
questionnaire which was then used as a guide to prepare the
subsequent budget for the City. Due to the fact that there were
several new Council Members, a new questionnaire was submitted to
Council. There were three primary sections to the questionnaire.
The first was the results ranked by average score. This included
the comments of six of seven members. The second grouping was the
results ranked by priority of response. That ranking reflected
four of seven members. The last section was a comment section.
Mayor Pro Tem Biles asked for the difference between ranked by
average score and ranked by priority of response.
Fortune stated that the rating indicated the direction each Council
Member would like give staff to follow.
City Manager Harrell stated that originally only the first
questionnaire was done which looked at the budget and indicated
which city services to increase and which to decrease. It gave an
idea of the allocation of funds during the process. The point was
then made that an essential element was missing in that an
individual might feel that service in a particular area was fine
and not allocate extra dollars to that service. The idea was to
not increase an area but that area was an important priority to
that individual. That gave staff an extra dimension as the requests
were ranked from the departments.
Mayor Pro Tem Biles stated that ranked by average score was the
direction to staff as to whether or not to move an item up or down
in the budget. Ranked by priority of response indicated that the
area was important even if not funding was not changed.
15. There was no official action taken on items discussed during
the Work Session Closed Meeting.
16. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Young requested a committee to look at a
full review of the City Charter and if needed, proceed with that
process.
B. Counoil Member Young requested a report on a possible
voice mail system for those watching the meetings where they could
state comments of the meeting.
City of Denton City Council Minutes
July 5, 1995
Page 29
179
C. Council Member Young requested to begin preparations for
the performance review of the City Manager.
D. Mayor Pro Tem Biles requested a matter for Executive
Session dealing with the procedures presently being implemented and
steps being taken in regards to the hiring a new fire chief.
Mayor Castleberry stated that that was a function of the City
Manager and not of the Council.
Mayor Pro Tem Biles stated that he would like to be informed of the
procedures and steps being taken in the process.
E. Council Member Brock requested that staff look at the
request regarding the taxi rates.
F. Council Member Young requested a review of the COPS
program.
17. The Council did not meet in Closed Meeting during the Regular
Session.
With no further business, the meeting was adjourned 10:45 p.m.
/J~NNZF]m WA~,TERS - -
~ITY OF DENTON, TEXAS
CZT~ OF DE~TON, TF ~
ACC00296