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Minutes August 1, 199525O CITY OF DENTON CITY COUNCIL MINUTES August 1, 1995 The Council convened into a Closed Meeting on Tuesday, August 1, 1995 at 5:45 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Cott, Krueger, Miller and Young. ABSENT: Council Member Brock 1. The Council convened into a Closed Meeting to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Discussed City Attorney's opinion on enforceability of paving liens and potential litigation relating to same. 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 the Regular Meeting on Tuesday, August 1, 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Cott, Krueger, Miller and Young. Absent: Council Member Brock 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented the Yard of the Month Awards: Mildred and A1 Ardoin Dennis and Chris Loccisano Joshua and Jacob Jezek Betty Bonds Golden Triangle Mall Mayor Castleberry presented a proclamation for Ozone Awareness Month. 2. The Council considered approval of the minutes of June 6, 1995. Biles motioned, Young seconded to approve the minutes. 251 City of Denton City Council Minutes August 1, 1995 Page 2 Council Member Miller stated that the minutes indicated that he was absent from the meeting. He indicated that he was present and asked the minutes to reflect that. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Reports A. The Council received a citizen report from Teri Woods regarding an easement dedication at windsor and Locust. Ms. Woods stated that her discussion concerned a paved easement behind her duplex. She owned a duplex on windsor Drive which bordered on the south side of the recently approved Cooper Glen apartments. While expressing their neighborhood concerns and negotiating with International Properties, it was noted that the concrete drive behind the duplex garage was a dedicated easement. She had been told that originally Windsor Park developers dedicated a 16' concrete easement with the intention of forming a homeowners association. Under the setup, the duplex owners were to maintain the easement. However, before all of the duplexes were sold and before the homeowners association could be formed, Windsor Park developers went bankrupt. It was then taken over by the Denton Savings Bank and ultimately by the RTC. The easement was actually 20 paved feet as opposed to the 16 feet which was dedicated in the plat. The additional four feet over lapping onto the concrete easement was owned by International Properties. International Properties offered to join the duplex owners and dedicate their four feet in addition to the 16 feet on the plat if the City would accept a re-dedication. The problem was addressed at the Planning and Zoning public hearing on July 12. No one seemed to know how to generate a joint petition to re-dedicate the concrete easement to the City. Paul Williamson from the City Engineering Department informed her that the Tax Assessor's Office indicated that the easement was listed with a value of $26,000 with no taxes collected. The Assessor's office then called him back to indicate that there was a mistake and the property should be listed as zero value, exempt from taxes. She felt that the dedication never took place as the original developer did not finish the development and the homeowners association was not formed. This would be a good time to clean up the plat with the building of the new apartments in the area. There were no other paved easements in Denton thus the Council would not be setting a precedent. She asked the Council to accept the concrete easement from the homeowners. 252 City of Denton City Council Minutes August 1, 1995 Page 3 Mayor Castleberry indicated that staff would look into the situation and return with more information. B. The Council received a citizen report from Joe Dodd regarding additional revenue sources. Mr. Dodd suggested that government should perceive citizens needs. If a builder/developer wanted to use land in a certain manner and the neighbors did not want that use, the City should help those people buy that land. It could then become a park which the City charged the neighbors to maintain. He suggested the City hire students to research zoning and to develop an accurate zoning map. He would like the City to sell copies of the real charter. People on bicycles were not following the rules of the road. They should be required to wear helmets, etc. He suggested running ads on Channel 26. He felt that a voluntary fire program was a bad idea. Individuals should pay to wear the uniform. Some type of program could be developed for those individuals to ride and work on a fire truck. The City should consider a theater and art tax. C. The Council received a citizen report from Alan Hempstead regarding the "Fill-The-Boot" campaign. Mr. Hempstead stated that the Fire Department would like to participate in the Fill-The-Boot campaign. This campaign would raise funds by soliciting donations on street corners. An ordinance had been drafted previously which would allow them to solicit on the streets. Council Member Young asked if 100% of the money raised went to the charity. Hempstead replied yes that 100% of it went to the charity. This was all volunteer work by the firemen. Seventy-seven percent of the funds from Muscular Dystrophy went back to patient care. D. The Council received a citizen report from Dessie Goodson concerning various issues regarding the City. Ms. Goodson stated that on July 18 she went before Council regarding SPAN and problems she had since 1993. On July 19th she called every Council member regarding a meeting she had requested on July 20th. At that meeting on July 20th she presented tapes and pictures verifying the same complaints she had been discussing from the SPAN drivers. On Friday, July 21st she fell getting off the trolley at Denton and Oak after stepping on a piece of flat rubber connected with the trolley. The point she was making was that if the drivers were suppose to inspect and clean up the trolley at the 253 City of Denton City Council Minute~i~,~<~.~<~ August 1, 1995 Page 4 end of the day and were to look over the trolley the first thing in the morning, why was there rubber on the floor. Something had to be done before someone else got hurt. She could not get help getting her medicine after she hurt herself on the trolley. The City should take care of some of her needs while she was hurt. She could not get meals as she was not old enough and SPAN did not provide that service. She felt something needed to be done with the manager of SPAN. Her tapes did not lie and she had filed an accident report and claim report with City. 4. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance for the Detail Plan of the Villas of Piney Creek. The subject property consisted of 15.413 acres, and was in PD-6. The property was located northwest of San Jacinto Boulevard and southwest of Colorado Boulevard. (The Planning and Zoning Commission recommended approval 4-0.) Frank Robbins, Director of Planning and Development, stated that this was a detailed plan for Planned Development - 6 for single family detached zero lot line development. There would be 106 lots in the development with a density of 6.87 units per acre. The concept plan for PD-6 in this area was for cluster homes at a density of 12 units per acre. The proposal was almost half of the density as shown in the existing planned development. These were small lots which would be 80% covered by the house. The Planning and Zoning Commission recommended approval of the detail plan. The Mayor opened the public hearing. Pat Adkins, representing the owners of the property, stated that the property was currently zoned under Planned Development - 6 which allowed for attached multifamily use at 12 units per acre. The proposal was for single family detached homes. The property was adjacent to existing retail establishments with a bowling alley and bank. The entry point would be off Piney Creek Blvd. and would be the main point of entry. This would be a self contained development with all residential development done in cul-de-sacs. The intent of the plan was to provide 1.3 acres for a community center with tennis courts on the western side of the property. The streets would be built to Denton standards and would be maintained by the homeowners. The homeowners association would be responsible fox f~ont yard maintenance. The~e would 1600-2200 sguare feet homes with an average cost of $115-140,000. City staff had been very supportive in working out the details of the plan. 254 City of Denton City Council Minutes August 1, 1995 Page 5 Council Member Cott asked if the developers expected to expand at any point in time. Adkins stated that all of the 15 acres in the area had been purchased. It was the intent to provide a three phase development of the property. Council Member Cott asked about the accessibility of fire trucks and other EMS vehicles. Adkins stated that the major entry point would be Piney Creek Blvd. There would be a parallel roadway system along the southern property line for access and along the eastern side for access. The Fire Department had reviewed the plans and was supportive of the arrangements. Ed Bright stated that he had done several projects in Denton and would be the project leader for this proposal. The development would be built to Denton's standards and would be a quality development. He asked for approval of the proposal. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-133 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT SIX (PD- 6), WITH RESPECT TO 15.413 ACRES OF LAND LOCATED THEREIN, NEAR THE NORTHWEST CORNER OF THE INTERSECTION OF COLORADO BOULEVARD AND SAN JACINTO BOULEVARD; AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER OR THEIR DESIGNATES TO REVIEW AND APPROVE AS TO FORM AND COMPLIANCE RESTRICTIVE COVENANTSAND INDEMNIFICATION LANGUAGE CONTAINED WITHIN DEEDS AND PROPERTY ASSOCIATION BYLAWS AS PROVIDED IN EXHIBIT C; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Cott seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 255 City of Denton City Council Minutes August 1, 1995 Page 6 5. Consent Agenda Biles motioned, Young seconded to approve the Consent Agenda as presented. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. ao Bids and Purchase Orders: Bid #1769 - Single Family Home Construction Bid #1776 - Precast Manholes for Electric Distribution P.O. #55299 - Boyd Excavation P.O. #56409 - Motorola P.O. #55718 - Jagoe Public 6. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 5A - 5E. Biles motioned, Cott seconded to adopt Consent Agenda ordinances 5A - 5E. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 95-134 Be AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.2. - Bid #1776) NO. 95-135 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - #1769) Ce NO. 95-136 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OFMATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISION OF STATE LAW ~X~MPTIN~ ~UCH PURC~A~E~ FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.5. - P.O. #55718) 256 City of Denton City Council Minutes August 1, 1995 Page 7 D. NO. 95-137 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. (5.A.4. - P.O. #56409) Ee NO. 95-138 AN ORDINANCE AMENDING ORDINANCE NO. 95-120 RELATING TO THE EMERGENCY EXPENDITURE OF FUNDS FOR THE REMOVAL OF CONCRETE RUBBLE OVER HICKORY CREEK SEWER FALL LINE BY BOYD EXCAVATION AND PROVIDING FOR THE EXPENDITURE OF ADDITIONAL FUNDS. (5.A.3. - P.O. #55299) 7. Ordinances A. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Affordable Housing Corporation for an increase in the supply of affordable housing in the City of Denton. Barbara Ross, Community Development Administrator, stated that adoption of this ordinance would approve an agreement between the City and the Denton Affordable Housing Corporation. The Corporation would be the vehicle to facilitate the public/private partnerships to increase the supply of affordable housing. It would also help leverage federal dollars with private dollars. The agreement provided $75,000 in HOME program funds to the Corporation. Council Member Cott asked where the funding would be coming from the next two years given all the changes in funding in Washington. Ross stated that it was the mission of the Executive Director of the H~using Corporation to seek funding to continue the organization. She expected to continue to receive HOME funds at least through 1996. It was the agency's responsibly to find funding. Mayor Pro Tem Biles asked how many City dollars would be used. Ross replied that there were no general fund dollars being used. It was strictly HOME dollars. 257 City of Denton city Council Minutes August 1, 1995 Page 8 The following ordinance was considered: NO. 95-139 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION FOR AN INCREASE IN THE SUPPLY OF AFFORDABLE HOUSING IN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the City Manager to act on behalf of the city of Denton in executing the Owner's Certificate of a Final Plat of Lot 1 of the Fire Station 4 Addition. Rick Svehla, Deputy city Manager, stated that in 1963 the city purchased a piece of this tract of land which was not subdivided properly. Since that time, the owners of the rest of the property wanted to plat. Staff needed Council's authorization to have the City Manager sign the documents to compete the replatting requirements. Mayor Pro Tem Biles asked who paid for the process. Svehla replied that the City was paying as it was the one who illegally subdivided the property. NO. 95-140 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO ACT ON BEHALF OF THE CITY OF DENTON IN EXECUTING THE OWNER'S CERTIFICATE OF A FINAL PLAT OF LOT 1 OF THE FIRE STATION 4 ADDITION; AND PROVIDING AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance amending a portion of the ~chedule of electrical ~ates contained in Ordinance No. 94-162 by amending schedule General Service Large ("GSL") to convert from the present kilowatt ("KW") demand billing to kilovolt amperes ("KVA") demand billing. (The Public Utilities 258 City of Denton City Council Minutes August 1, 1995 Page 9 Board recommended approval.) Bob Nelson, Executive Director of Utilities, stated that in an electric utility system there was a certain form of energy used to magnetize motors. Capacitors could be used to make up that energy. Denton did that on its system but it was not quite enough to keep that kind of energy off the system. The proposal was to measure in KVA instead of kilowatt and to reduce the demand charge by 10%. The Public Utilities Board recommended approval of the 10% reduction in the demand charge. The following ordinance was considered: NO. 95-141 AN ORDINANCE AMENDING A PORTION OF THE SCHEDULE OF ELECTRICAL RATES CONTAINED IN ORDINANCE NO. 94-162 BY AMENDING SCHEDULE GENERAL SERVICE LARGE ("GSL") TO CONVERT FROM THE PRESENT KILOWATT ("KW") DEMAND BILLING TO KILOVOLT AMPERES ("KVA") DEMAND BILLING; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Cott left the meeting. D. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract with William Trantham & Associates to represent W. David Scott in pending litigation styled Kathy Disheroon v. W. David Scott, Lonnie Flemming and Jim Dotson. Herb Prouty, City Attorney, stated that the ordinance would authorize the City to hire William Trantham and Associates to represent David Scott in this lawsuit. Mr. Trantham had not signed the contract to date. Council could table the ordinance until the contract was signed o~ could pass the o~dinance with the provision that the City Manager would not execute it until it was signed. The following ordinance was considered: NO. 95-142 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WILLIAM TRANTHAM AND ASSOCIATES TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE 259 City of Denton City Council Minutes August 1, 1995 Page 10 EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance with the provision that it would not be executed until signed by Mr. Trantham. On roll vote, Miller "aye", Young "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance retaining the lawfirm of Wolfe, Clark, Henderson & Tidwell to represent Lonnie Flemming and James Dotson in the lawsuit styled Kathy Disheroon v. W. David Scott, Lonnie Flemming and Jim Dotson. Council Member Cott returned to the meeting. Herb Prouty, city Attorney, stated that this was the same law suit but would hire a different law firm from the previous ordinance. Mr. Scott had requested to be represented by Mr. Trantham and the other officers wanted to remain with this law firm. The following ordinance was considered: NO. 95-143 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WOLFE, CLARK, HENDERSON & TIDWELL, L.L.P. TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an Ordinance retaining the lawfirm of Wood, Springer & Lyle, to represent the City in pending litigation styled Richard and Mar¥1nn Brentzel, Individually and on behalf of Pamela Brentzel v. City of Denton, Ed Green, and Denton Plaza Shoppinq Center. Herb Prouty, City Attorney, stated that this ordinance was requesting the hiring of a law firm to represent the City in litigation. This was a personal injury lawsuit where a young girl was at restaurant in a shopping center and walked around a car at a take out window. This restaurant was near a drainage ditch and the girl fell in the ditch. As a result, she sued the shopping center, the City and the owner of the shopping center. 26O City of Denton City Council Minutes August 1, 1995 Page 11 The following ordinance was considered: NO. 95-144 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WOOD, SPRINGER & LYLE, P.C. TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Miller left the meeting. G. The Council considered adoption of an ordinance amending sections of Chapter 27 ("Vehicles for Hire") of the Code of Ordinances and Ordinances No. 89-102 and 90-180 to provide for rates to be charged as fares; providing for a maximum penalty in the amount of $500.00 for violations thereof; providing for a severability clause; providing for a savings clause; and repealing any ordinance in conflict herewith. city Manager Harrell stated that this ordinance was drafted in accordance with the desires of the Council. The following ordinance was considered: NO. 95-145 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS OF CHAPTER 27 ("VEHICLES FOR HIRE") OF THE CODE OF ORDINANCES AND ORDINANCES NO. 89-120 AND 90-180 TO PROVIDE FOR RATES TO BE CHARGED AS FARES; PROVIDING FOR A MAXIMUM PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; REPEALING ANY ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance temporarily prohibiting the parking of vehicles on both sides of Carroll Boulevard from its intersection with Fain Street to its intersection with Headlee Street, the west side of Denison Street 261 City of Denton city Council Minutes ~ August 1, 1995 Page 12 from its intersection with university Drive to its intersection with Sherman Drive, the east side of Denison Street from its intersection with Sherman Drive to its intersection with Headlee Street, the west side of Bolivar Street from its intersection with Sherman Drive to its intersection with Fain Street, the south side of Ross Street from its intersection with Carroll Boulevard to its intersection with Bolivar Street, the north side of Strata Drive from its intersection with Carroll Boulevard to its intersection with Mesquite Street, and the north side of Fain Street from its intersection with Carroll Boulevard to its intersection with Bolivar Street during the annual North Texas State Fair and Rodeo to be held from August 18, 1995 through August 26, 1995. Council Member Miller returned to the meeting. Joseph Portugal, Assistant to the City Manager, stated that Council had previously approved an annual exception to the noise ordinance for the North Texas State Fair Association. This ordinance would impose a temporary no parking zone during the Fair days. This would benefit the residents in the area, mitigate potential congestion, and maintain traffic flow. Council previously approved such no parking in 1993 and 1994. The following ordinance was considered: NO. 95-146 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL BOULEV~RD TO ITS INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS STATE FAIR AND RODEO TO BE HELD FROM AUGUST 18, 1995 THROUGH AUGUST 26, 1995; PROVIDING A SEVERABILIT¥ CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. 262. City of Denton City Council Minutes August 1, 1995 Page 13 Biles motioned, Krueger seconded to adopt the ordinance. On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-1 vote. 8. Resolutions A. The Council considered approval of a resolution designating a representative in regards to a joint filing for optional extended metro service ("EMS") from the Denton exchange to the Dallas metro exchange. City Manager Harrell stated that Resolutions A and B were related. These two actions would allow GTE to go to the Public Utilities Commission to ask for expansion of a service which had existed since 1992. In 1992, GTE, at the urging of the City, requested of the Public Utilities Commission and obtained approval for extended metro service to Denton residents for outgoing and incoming calls from an extended service without paying long distance charges. The prior areas were GTE service areas within the metroplex. Mayor Pro Tem Biles left the meeting. City Manager Harrell continued that the first proposal designated a representative from the City in regard to the filing and it was recommended that the Mayor's name be inserted as the official representative. The second proposal authorized the City Manager to execute the joint agreement with GTE. If granted by the Public Utilities Commission, the service would extend to include the Dallas metropolitan exchanges under the jurisdiction of Southwestern Bell with no additional cost to the Denton resident. If a resident already had the extended service it would not cost any more for the additional exchanges. Melvin Willis, GTE, stated that the service was called a premium plus calling plan at this time and would be extended metro service when the Dallas area was added. Mayo~ Pro Tem Biles re%urned to the meeting. The following resolution was considered: NO. R95-037 A RESOLUTION OF THE CITY COUNCIL OF DENTON, TEXAS DESIGNATING A REPRESENTATIVE IN REGARDS TO A JOINT FILING FOR OPTIONAL EXTENDED METRO SERVICE ("EMS") FROM THE DENTON EXCHANGE TO THE DALLAS METRO EXCHANGE; AND PROVIDING AN EFFECTIVE DATE. 263 City of Denton City Council Minutes ~ August 1, 1995 Page 14 Young motioned, Biles seconded to approve the resolution inserting the name of Bob Castleberry as representative. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the City Manager to execute a joint agreement between the City of Denton and GTE Southwest Incorporated for optional extended metro service. The following resolution was considered: NO. R95-038 A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT AGREEMENT BETWEEN THE CITY OF DENTON AND GTE SOUTHWEST INCORPORATED FOR OPTIONAL EXTENDED METRO SERVICE; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution waiving the thirty day notice period for an emergency adjustment so that the emergency rates adopted by the Board of Directors of the Texas Municipal Power Agency by Resolution No. 95-7-8A may be effective on August 1, 1995. Bob Nelson, Executive Director for Utilities, stated that last January, the Mayor, City Manager and Utility Manager of the four TMPA cities met and made recommendations to the TMPA Board regarding possible cost cutting measures. Council Member Young left the meeting. Nelson continued that the TMPA staff followed that directive and made some significant operational cuts and staff cuts. One directive requested a decrease in the rates to be put forth as soon as possible. The reduction would be approximately $1.25 per KW per month which represented approximately a $6 million reduction for the year. The TMPA Board of Directors authorized the reduction of that demand charge rate to go into effect on August 1st. There was a contract provision that 30 days notice must be made to reduce or change rates. This resolution would waiver that provision to allow for the August 1st change. Council Member Krueger left the meeting. 264 City of Denton City Council Minutes August 1, 1995 Page 15 Council Member Cott asked under what circumstances could a program be created to reduce bond indebtedness. Nelson replied that that was an issue which the TMPA Board was currently dealing with. The Board was looking at a possible $28 million per year savings with the conversion to Powder River Basin fuel. The question was how those funds would be used. Council Member Cott asked if it was possible to bring to the Board a position that the Board would like to create a continuing reduction of bonds. Nelson stated that that was the general procedure which the Board was now following. The Public Utilities Board was continually discussing such a procedure. City Manager Harrell stated that Denton had been presenting to its two board members that TMPA should develop some type of program to retain much of the savings to pay down the debt. Council Member Cott felt that when something was on paper, it was easier to look at and to keep to that mark. city Manager Harrell stated that staff could draft a resolution which would put the Council on record regarding its position. That would help in communicating to the Board members that that was the position of the Council. Council Members Krueger and Young returned to the meeting. The following resolution was considered: NO. R95-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS WAIVING THE THIRTY DAY NOTICE PERIOD FOR AN EMERGENCY RATE ADJUSTMENT ADOPTED BY THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY BY RESOLUTION NO. 95-7-8A MAY BE EFFECTIVE ON AUGUST 1, 1995; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Krueger seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Submission of the effective tax rate and rollback tax rate. Jon Fortune, Chief Finance Officer, stated that the city received ~_~ city of Denton City Council Minutes August 1, 1995 Page 16 265 its certified appraised value on July 26th. Using that value from the appraisal roll, the effective tax rate would be $.5572 per $100 valuation. The effective tax rate was the tax rate which would generate the same amount of revenue this year as last year for the same pieces of property. The Notice in Hearing rate was 3% above the effective rate or $.5739 and the rollback rate was $.5837 per $100 valuation. City Manager Harrell stated that if Council indicated during budget deliberations that they wanted to go above the $.5739 rate, formal notice and publication would have to be made. Such a decision would have to be made by August 22nd. Biles motioned, Cott seconded to approve the submission of the effective tax rate and rollback tax rate. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Submission of the certified collection tax rate. Jon Fortune, chief Finance officer, stated that the ad valorem taxes received were in two components. The first was those taxes received for operations and maintenance purposes. The second was for debt service payments. This item certified that the City anticipated collecting 100% of the ad valorem taxes which would be contributed to the debt portion of the tax rate. Cott motioned, Miller seconded to accept the certified collection tax rate. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. The Council considered approval of a request from Ben E. Keith to fly the City of Denton flag at their location. Joseph Portugal, Assistant to the City Manager, stated that in April 1994 the Council adopted an official logo and new City flag. Section 3 of that ordinance stated that no firm, corporation or organization could display the City flag in any form without written application and approval by the Council. Ben E. Keith had requested to purchase 2 flags for display at their grand opening ceremonies. Mayor Pro Tem Biles did not like the fact that a business had to come to Council to ~eque~t to fly the City flag. Biles motioned, Young seconded to approve the request. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles 266 City of Denton City Council Minutes August 1, 1995 Page 17 "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. The Council considered nominations to the City's Boards and Commissions. There were no nominations made at this meeting. 13. vision Update Council Member Miller stated that the vision cabinet had received final reports from the LIVE, PLAY, LEARN and WORK groups. All of the reports were well done and were very encouraging. There were many recommendations as they applied to the direction Denton would be going. The Cabinet would be meeting soon to discuss the information received and decide on procedures to follow. 14. Miscellaneous matters from the City Manager. A. The Council reviewed a schedule for the CIP election and gave staff direction. City Manager Harrell stated that at the last Council meeting, Council had requested staff to refine the time schedule for the proposed bond election to be held tentatively on February 24, 1996. In conjunction with that time frame was a tentative time line for the consideration cf the adoption of a drainage fee. Mayor Pro Tem Biles indicated that he would not be at the December 20th meeting to consider adoption of the drainage fee ordinance. City Manager Harrell stated that the consideration of that ordinance could be changed to the December 13th meeting, if Council had no objections. Miller motioned, Krueger seconded to change to consideration of the ordinance to December 13th. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council received a briefing and gave staff direction regarding the COPS Program and potential grant funds for additional patrol officers. Council Member Young left the meeting. Mike Jez, Executive'Director for Emergency Services and Chief of Police, presented an overview of the COPS program. In 1987 a newspaper story indicated that Denton was the eighth worst crime- 267 City of Denton city Council Minutes ~ . August 1, 1995 Page 18 ridden city in the State. At that same time, David Ellison, Assistant to the City Manager, was meeting with a group of citizens in southeast Denton about a drainage problem on Alexander Street. Ellison asked him if he would be willing to meet with that group. At that meeting, the citizens did not want to talk about drainage. They were frustrated with the quality of services of the police department at that time. That initial meeting lead to a series of meetings which occurred over the next 6 months. During that time two claims were noted by the citizens in the area. One was that their neighborhood experienced more crime when compared to other neighborhoods and the second was that the police did less about that crime. As the meetings continued the neighborhood residents articulated ten priorities that they wanted the police department to address in their neighborhood. Those priorities were taken back to the police department and a select team of police officers were chosen to address those issues. In late 1988 the Police Department presented to the citizens of southeast Denton a plan which the police officers had developed on how they intended to address those 10 priorities. After seeking and gaining consensus from the neighborhood, those police officers implemented the plan. In six months, crime in the area was reduced by 46%, narcotic arrests were increased by 380% and response time was reduced by 2 minutes. More important than those statistics was the evolution of a relationship between the citizens and officers who patrolled that area. The officers formed partnerships with the citizens in southeast Denton. For example, at the insistence of the citizens, the first community office was opened in southeast Denton. That office was opened without the expense of tax dollars except for the staff time provided by the officers. It was volunteer driven with corporate contributions to the sponsorship of the office. The Department also formed alliances with the CDBG office to demolish abandoned structures and places where crime was fostered. The TWU Health Cares program came into southeast Denton. At the conclusion of the six month pilot project, the Department made the commitment to expand the COPS program to other parts of the City. In 1989 the Department was reorganized with the reassignment of 22 personnel and a complete restructuring of the division in the areas of accountability and reporting relationships to further the COPS initiative. Every year since 1989 there had been a reduction in the City's crime rate with most of those years the reduction was in the double digits and in 1992 Denton led the State of Texas with a 21% reduction in crime rate. In 1992 the Police Department's COPS program was recognized by the National League of Cities as a recipient of its Award of Excellence for innovative programming. Often the COPS program was discussed in programmatic sense. Council Member Young returned to the meeting. 268 City of Denton City Council Minutes August 1, 1995 Page 19 Jez continued that more important than the programming implications was the philosophy regarding delivery of police services. That philosophy rested on three essential elements (1) element of consultation - the Police Department must create opportunities for the officers to consult with citizens who reside in their patrol areas about what the policing priorities in the neighborhood should be; (2) process of adaptation - police agencies must be willing to look at their historical techniques and strategies in terms of goal accomplishment and adapt to those strategies to achieve those goals and priorities which had been articulated by the citizens during the consultation phase and; (3) mobilization - historically police departments had approached this phase with what resources to address. The first response in that approach was that there would not be enough dollars and people. Under the COPS philosophy, all players were mobilized for service. That meant forming partnerships with universities, corporate citizens, and other municipal departments. Within the community problem solving and improving the quality of life were central. Staff in the Police Department looked at the COPS program and tried to make a determination as to what could be done internally to continue the forward movement of the program. There were 35 tasks identified which had been worked on over the last 12 months. The majority of those tasks were completed and would be implemented in the next quarter. Last year the Police Department applied for a grant from of the National Community Policing Office and received 3 officers through that grant. It was planned to use two of those officers as area command coordinators. One officer would be assigned to a new program as a business liaison coordinator and focus on more effectively drawing the business community into the COPS program. Three officers had been selected to fill those positions and would begin August 12th. Mayor Pro Tem Biles asked if those officers were already in the department. Jez replied yes. Mayor Pro Tem Biles stated that three additional officers would be added. Jez replied correct. Mayor Pro Tem Biles asked if this was a situation where the Federal dollars were larger in the start of the program but declined over a three year period. Jez replied correct. 269 City of Denton City Council Minutes~i~ ,~ August 1, 1995 Page 20 Council Member Young asked how many Afro-American officers were in the COPS program. Jez replied that there was one African-American police officer. City Manager Harrell stated that the grants from the Federal government were on a declining three year basis. After the three years, a city was responsible for the entire budget of the officers. Last year, due to the needs in the Police Department, the City was one of the first jurisdictions to apply for the program under the Crime Act and applied for police officers. The city had received a letter which continued the grant program and was asked to give an indication of the number of additional officers Denton would like to have over the next five year period. Other than next year, this would be done just for planning purposes. The 1996 appropriations had been made and further appropriations would be speculative. There was no funding in the proposed budget for police officers. If Council was interested in officers under this program, they would have to make a decision and file the proposal by August 31st. Mayor Pro Tem Biles asked for the percentage of funding. City Manager Harrell stated that it was up to 75%. Next year the city would be responsible for 25% of the police salaries and benefits. Under the current grant the funding declined on a basis of 75% to 50% to 25% and then 100% costs for the City. There was some indication that under the new program up to 75% to a cap of $75,000 would be paid. Staff was needing a clarification on how the current funding would decline. Council Member Young stated that he was in favor of the COPS program but he would be protesting until the COPS program had the required number of Afro-American officers which was equivalent to the number of Afro-Americans living in Denton. There was a need for at least three more Afro-American officers. C. The Council received a report and held a discussion regarding the cable t.v. rate regulation and franchise transfer issues. Richard Foster, Public Information Officer, stated that in the near future staff would be bringing an ordinance for Council consideration relating to the city's cable television franchise. The first ordinance concerned rate regulation. The CablQ Act of 1992 allowed cities to become the regulatory authority for the rates charged for the basic level of cable service, for the rates for the hourly installation and maintenance and for the rates for 27O City of Denton City Council Minutes August 1, 1995 Page 21 convertors and remote controls. The City retained a consultant to review the forms required by the Federal Communications Commission. There were two ways a cable company could justify its rates. One was through a bench mark showing and the other was through a cost of service showing. If the rates were found to be at or below the bench marks, their rates were deemed to be appropriate. The consultant recommended that the current rate charged by Sammons be approved for the basic level of service, for the convertors and for the remote controls. The hourly maintenance rate was too high and the consultant recommended that that rate be reduced. Sammons would have some refund liability going back for one year. Sammons was aware of that procedure and was wiling to make the refund. Sammons would have 10-14 days to file a report on how to accomplish what the City desired it to do. Another item for Council to consider was a request to transfer the existing cable franchise to Marcus Cable. Denton had joined with sixteen other cities in north Texas who were currently served by Sammons to retain a consultant to evaluate the Marcus Company. The current franchise agreement would have to be amended and would require three readings before Council and a publication of intent. Council Member Cott asked why the City was having to pay for a consultant as it was not the purchaser or buyer. Foster replied that Denton would be reimbursed for the cost of the consultant. Herb Prouty, City Attorney, stated that the consultant would study the financial status of Marcus who would be the assignee of the franchise. It was important to know if Marcus had the financial ability to provide services at least as good as Sammons did. As part of the transfer, all the cities who were paying the consultant were asking to be reimbursed by Marcus which they appeared to agree with. City Manager Harrell stated that the City did not want to approve the transfer unless it knew that Marcus could provide adequate services. Joe Dodd urged the Council to not transfer the old contract to the new company. He felt it would be better to start with a new contract agreement rather than using the old agreement. Programming was a take it or leave it situation which was not fair to the consumers and the pricing structure was unfair. D. The Council received a briefing and gave staff direction regarding an economic development partnership contract with the Chamber of Commerce. 271 city of Denton City Council Minutes August 1, 1995 Page 22 Betty McKean, Executive Director for Economic Development and Municipal Services, stated that last year Council amended the partnership contract to authorize the expenditure of $25,000 for an economic study of the community. The study was completed late this Spring and Council had since reviewed those recommendations. Council directed staff to work with the Legal Department to draft some amendments to the existing agreement to allow for the incorporation of the Fantus recommendations. Staff had been working with the Chamber staff in reviewing the recommendations which covered six areas - (1) Structure of the transition committee, (2) Process for appointment of the chair, (3) Proposed charges, of the EDTC, (4) Schedule for accomplishment of charges, (5) Funding of EDTC expenditures, and (6) Interim operation authority. Mayor Pro Tem Biles left the meeting. McKean continued that it was recommended that the committee have the authority to hire consultants and experts in the field of economic development subject to the approval of the Chamber and the Council. It was felt that the committee could be formed by October and complete its task by March of 1996. Mayor Pro Tem Biles returned to the meeting. McKean stated ~hat Article 4 contained two paragraphs which were additions and spoke to the authority of the committee to do special studies and research. Mayor Castleberry stated that from the Fantus report he was under the impression that this would be a new board, apart from either the City or the Chamber and would office elsewhere. It would be a stand alone board. McKean stated that the Economic Development Corporation's final structure and charter would be driven by what the funding mechanism would be. Mayor Castleberry asked if a contract would be necessary between the City and the Chamber when the permanent board was selected. That board would have the authority to office wherever it wanted. McKean stated that that would depend on how the final funding and final charter was written. Mayor Castleberry stated that he would like that left open. This was the impression he had from the Fantus report that this was a stand alone board. 272 City of Denton City Council Minutes August 1, 1995 Page 23 McKean stated that the final charter would formulate the new corporate structure. Council Member Miller asked if the board could be directed to study the half cent sales tax in a broad sense. McKean stated that that was so intended. Council Member Krueger felt that the original motion made by Mayor Pro Tem Biles was that this was not an interim board. This was to be a take over board. He felt that Council had voted and passed that procedure. This would be a stand alone board with the funding to be determined later. This would not be an interim board. Mayor Castleberry stated that he had the same understanding. City Manager Harrell stated that the contract was written so that the transition board had two functions. One was to do the comprehensive study to recommend how to permanently develop the corporation. A second task would be to replace the current larger board which was a joint City/Chamber board which oversaw the daily operation of the current economic development effort. This group would be charged in accordance with both of those tasks. Council Member Krueger felt that that was not the motion. There was a discussion on whether that joint Chamber/City economic development board would remain or be replaced immediately by the smaller board. He felt that it was the motion that it be replaced immediately. city Manager Harrell stated that that was the intent. Council Member Krueger stated that the seven people would be the final board. Council Member Miller felt that the smaller board would make a recommendation to be approved by the Council to determine what the permanent structure would be. Mayor Pro Tem Biles stated that the intent of his motion and his understanding of what was voted on was that the Council was establishing and seating no later than October 1st a board which would replace the current economic advisory board and assume all responsibility and duties previously assigned to that board. The seven member board would look at a variety of ideas. His recollection and his intent of the motion was to not study whether or not to have a corporation and not study on how many members to have on the board of that corporation. There was no reason to not 273 city of Denton City Council Minutes August 1, 1995 Page 24 have articles of incorporation filed with the Secretary of State and have the corporation in place by October 1st. The appointments would be made, four from Council and three from the Chamber. As soon as those directors met for the first time, they would adopt a set of by-laws and then proceed with the process of the corporation. The corporation would be independent of the City and Chamber except if an economic development sales tax were to be adopted. The rate would be set by Council and the members of the board would be appointed by Council. At that point in time, it would not have anything to do with the corporation. Council Member Miller asked if Mayor Pro Tem Biles meant that the contract with the Chamber would be cancelled. Mayor Pro Tem Biles stated no that the Council needed to adopt the proposed amendment because that corporation would still be a corporation between the City and the Chamber. The funding would be the same and the Chamber would still be a partner with the City. What needed to be changed was to proceed with the corporation. There would still be a partnership with the Chamber until an economic development sales tax was possibly adopted. At that point in time, the Chamber could not be a part of the process of appointing members and funding. Council Member Miller stated if the contract with the Chamber was going to be amended, he did not understand the need to set up the corporation now. If the sales tax was adopted it required a vote of the citizens of Denton. At that time, the law prescribed what the corporation would look like. He did not understand the amendment to the contract when the same staff would be used and the funding was in place. Mayor Pro Tem Biles stated that the reason was that the corporation could look at the sales tax as a mechanism of funding but there were also ten other scenarios for funding. As a non-profit corporation it could continue to have private and public funding. The present relationship, while a committed relationship, was not producing the results. A non-profit corporation could begin implementing the Vision recommendations. Council Member Miller felt that was there were two charges for the group. One was to act as the board to the existing program which would be effective October 1st. The second was to conduct a 5-6 month study which would be presented to the Chamber and to the City with recomm~nd~tiQn~ including fundln~. Thi~ board would not presume that they would do other items without these recommendations coming back. 274 City of Denton City Council Minutes August 1, 1995 Page 25 Council Member Cott stated many months ago the Chamber asked the City for venture capital money to conduct an economic develop program. So far this program had been studied and talked to death. It was being loaded with overhead in such a manner that there was no possibility that it could ever stand alone. Other cities were ahead in industry and the City was ahead in rhetoric and study. Staff should prepare an ordinance which created an economic development organization with four city and three Chamber representatives. The organization would chose its own chairman appointee. There was no need for interim committees. Membership in this joint organization would not consist of any elected or staff employee from either the Chamber or the City. Approximately $50,000 a month funding was needed to start with which was already in the budget and which would be needed for approximately one year. These funds would act as seed money and everyone needed to help raise the rest necessary. The funds would be audited by the City auditors and a special committee of citizens. A twelve month budget would be presented to the Chamber and the City on October 19, 1995. Biles motioned, Young seconded to direct staff to present the proposed Amendment Number 2 to the Denton Chamber of Commerce Board of Directors and President with the following amendments: Article II, paragraph two provided that the composition of the board be seven persons, four to be appointed by the City Council and three to be appointed by the Chamber. The seven member board would elect its own chairman and that no member of the board shall be an employee of the City or the Chamber. The board would report back in written form to the Council and Chamber no later than January 31, 1996 its recommendations on forming an economic development corporation. Council Member Krueger asked for a restating of the motion dealing with city/Chamber employees. Mayor Pro Tem Biles stated that none of the seven member board could be employees of the City of Denton or of the Chamber of Commerce or an elected official. Mayor Castleberry indicated that part of the motion added included the elimination of any elected official to the board. He asked Council Member Young if his second agreed with that inclusion. Council Member Young agreed with that inclusion. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 275 City of Denton City Council Minutes August 1, 1995 Page 26 16. There was no official action taken on Closed Meeting Items discussed earlier. 17. New Business The following items of New Business were suggested by Council Members for future agendas. A. Council Member Young stated that the lights in the gymnasium at the MLK Center were too dim and needed to be a higher wattage. B. Council Member Young stated that last year there were several fires and faulty heating systems at the Phoenix Apartments. He requested that the City review the heating system, cooling system and exhaust systems at the Phoenix Apartments with a report to the Council on the findings. City Manager Harrell stated that the Housing Authority was an independent agency and not part of the city organization. Staff could assist the Housing Authority with such a project but would not be able to do it alone. The city could help with the project but the Housing Authority would be the primary facilitator. C. Council Member Krueger requested that a follow up be done regarding the report from Teri Woods. D. Council Member Krueger asked that the ordinance regarding the Fill-the-Boot campaign be reviewed. Mayor Pro Tem Biles stated that the time frame was short for this issue and asked that the legal issues be addresses so that Council could vote on the issue within the next 30 days. Mayor Castleberry asked that liability issues be included. E. Mayor Pro Tem Biles asked for a review of the ordinance regarding the Denton flag. Council Member Young read the following statement (copy included in the agenda back-up materials): Dear Mayor, Honored Colleagues on the Council, Ladies and Gentlemen: Three weeks ago, in the heat of debate, I said something that I wish I hadn't said. I wish I hadn't said it because it was wrong, and it was insulting to the people on this Council and in the 276 City of Denton City Council Minutes August 1, 1995 Page 27 community. What I said was in the debate over whether to rezone for a motel on 1-35. Apparently, some of the people who opposed that rezoning felt like I was accusing them of racism. That is an ugly word for an ugly thing. We need always to be on watch for it. But on this question, after deep reflection and prayerful concern, I am absolutely convinced that racism played no part in that discussion. There was no racism on the part of you, my honored colleagues on the City Council, and there was no racism among those persons from the Denia Park neighborhood, who opposed this proposed rezoning. I am sincerely sorry that I said what I did. I was wrong, and I hope that you will find it in your hearts to forgive me. Sincerely, Carl G. Young, Sr. 18. The Council did not meet in Closed Meeting during the Regular Session. With no further business, the meeting was adjourned at 10:10 p.m. ~NNIF~ W~I~TERS ~ITY SECRETARY CITY OF DENTON, TEXAS ACC002A4