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.
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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.
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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
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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.
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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.
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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)
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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 ~_~
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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
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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-
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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