Minutes September 12, 1995 CITY OF DENTON CITY COUNCIL MINUTES
September 12, 1995
The Council convened into a Closed Meeting on Tuesday, September
12, 1995 at 5:15 p.m. in the civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council convened into a Closed Meeting to discuss the
following:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Discussed contemplated litigation concerning the
request to rezone 3.753 acres from SF-7 to O zoning
on the south side of I35-E and Lindsey Street.
B. Real Estate and Legal Matters -- Under TEX. GOV'T CODE
Secs. 551.072 and 551.075
1. Deliberated the purchase, exchange, lease or value
of the property located south of McKinney between
Loop 288 and Woodrow Lane and confer with employees
of the city to receive information and asked
questions regarding this real property transaction.
2. Considered contemplated condemnation action against
John Karvouniaris for acquisition of right-of-way
for a street in the vicinity of Loop 288 and
Spencer Road and discussed purchase or value of
this property.
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
1. Held a discussion regarding the duties and
evaluation of the Municipal Judge.
The Council convened into a Work Session on Tuesday, September 12,
1995 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council held a discussion, received a report and gave
staff direction regarding a proposed ordinance prohibiting
concealed weapons on city property.
Herb Prouty, City Attorney, stated that the last session of the
Legislature passed Senate Bill 60 which authorized individuals to
apply for a license to carry concealed handguns. Since that Bill
had been passed there was a lot of controversy as to the power of
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Page 2
a municipality to prohibit the carrying of a concealed weapon on
premises and in other areas. Recently the Attorney General issued
two opinions dealing with this issue. The first opinion dealt with
the ability of counties to prohibit concealed weapons in parks. In
that opinion, a county had the authority to do so but only under a
rule but not under a particular law. That same opinion held that
a municipality was prohibited by law from prohibiting a licensed
carrier of a concealed handgun in a city park or any other park.
The question of most concern to the City was the ability to
prohibit carrying a concealed weapon by a licensed individual on
City premises. There were some specific provisions which allowed
the City to prohibit the carrying of a concealed weapon in a
council meeting or in a municipal court but the real question was
what right a city had to prohibit the carrying of a concealed
weapon by a person who had a license in other buildings or other
premises owned by a city. The Attorney General's opinion was
unclear at this point. It did indicate that owners had the right
to post notices to prohibit the carrying of concealed weapons on
their premises but it had to be enforced through the criminal
trespass statute. At this time it was not known if the City had
the right to pass an ordinance which would prohibit anyone who had
a license from carrying a concealed weapon in any building or any
other premises belonging to the City of Denton or whether that
meant the City had the right to make a housekeeping rule that
prevented anyone from coming into a City building with a concealed
weapon who had a license. Those individuals would be notified that
they could not be in the building with that weapon and prosecute
them under the criminal trespass statute. It was preferred not to
prosecute someone under a criminal trespass statute because that
carried either a Class A or B misdemeanor depending on the
circumstances which carried with it a much higher penalty than just
a Class C misdemeanor. It was proposed that since there would be
no licenses issued until after January 1, 1996 that a final
decision be deferred on what type of ordinance to prepare. There
would be a seminar later this month regarding this issue and the
Legal Department was sending a representative. They were also
consulting with other cities which had passed ordinances or which
were going to pass ordinances on this issue. It was recommended
that Council defer any ordinance at least until after the seminar
sometime into the month of October and return with a better
understanding of the Attorney General's opinion.
Consensus of the Council was to proceed as proposed.
2. The Council received a final report and held a discussion with
the '91 Committee.
Roberta Donsbach, Chair of the '91 Committee, stated that the
Committee was organized to be a "watch dog" for the bond funds.
The Committee held many meetings throughout the years.
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September 12, 1995
Page 3
Mayor Pro Tem Biles left the meeting.
Donsbach stated that the first challenge of the Committee was that
it could not follow the letter of the bond issue. The money
climate changed as did Federal regulations. All projects listed in
the 1985 issue were completed except for the projects on Locust and
Elm Streets. Those projects were completed by the State rather
than the city. With the money saved from those streets, the
Committee decided to use the money on the U.S. 77 project which the
Council agreed with. All of the projects in the 1986 issue were
completed except for three areas. The completed projects included
the expansion of the Animal Control Center; the building of a fire
station at Lillian Miller; the furnishing of fire equipment; the
expansion of the senior Center; the building of a branch library;
and the completion of the Law Enforcement and Court Complex.
Mayor Pro Tem Biles returned to the meeting.
The projects which were not completed included the Southridge
drainage which would be completed within the next 3-4 months and
the two of the three recreation centers. One center was completed
which was the Martin Luther King, Jr. Recreation Center. The other
two centers which were recommended were not built. At that time,
the City revenues were not what they were projected to be due to a
changing financial environment. Council decided to hold public
hearings regarding the centers and met with residents in the areas
where the centers were scheduled to be built. The residents
indicated that they were more interested in parks rather than
centers at that point in time thus two new park areas were
purchased. One was South Lakes Park and the other park in the
northwest portion of the city was in the process of being
purchased. It was then recommended that $1.4 million in bonds not
be sold which would save money for the city. A third area not
completed concerned highway projects. Teasley Lane would be
finished shortly. It was recommended that any unused funds from
the 1985 or 1986 issue be used to pay off the debt for the right-
of-way contracts for U.S. 380 when this was ready to be done.
Staff hoped to be able to work with the Highway Department to find
a funding structure for that project within the next ten years.
All the 1986 street bond money had been sold, allocated or spent
except for $750,000 which would be available if authorized by
Council in the future.
Mayor Pro Tem Biles left the meeting.
Extra projects were recommended to and approved by Council over the
years. At the final meeting of the Committee the following
recommendations were made: (1) use approximately $87,000 to match
the Rails to Trails project; (2) allocate $50,000-60,000 for
engineering design costs; (3) use $60,000 for a drainage study
which would be a match to leverage State money; (4) use $12,000 as
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September 12, 1995
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a match for a raised median to be built on Loop 288 from Colorado
Blvd. to I35; (5) use interest money to help with incidental costs
associated with the acquisition of right-of-way along Loop 288 near
the new Wal-Mart development; (6) use money accrued from the park
bonds for play ground equipment; and (7) use other interest money
accrued to help fund the U.S. 77 project. Not all of the bond
money was spent but more projects were done than originally
proposed.
Council Member Young stated that the upcoming bond proposal did not
have any projects for District One. He felt there was a need for
major projects for District One. If not, he would help defeat the
bond issue as the residents in his district were not going to pay
for another bond issue to be used in Southridge.
The Council convened into a Regular Meeting on Tuesday, September
12, 1995 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Council Members Brock, Cott, Miller
and Young.
ABSENT: Mayor Pro Tem Biles and Council Member Krueger
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge
Allegiance.
Mayor Castleberry presented the following proclamations:
Make A Difference Day
Denton Fury Roller Hockey Team Day
Council Member Krueger joined the meeting.
Mayor Castleberry presented the following Yard of the Month awards:
Adams Exterminating Co.
Jim and Sally Mudd
Cecil and Allis Adkins
Dave and Karen Hibbard
Ernestine Riley
Sleeping Lizards
2. The Council considered approval of the minutes of the July 5
and July 11, 1995 meetings.
Mayor Pro Tem Biles joined the meeting.
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City of Denton City Council Minutes
September 12, 1995
Page 5
375
Biles motioned, Krueger seconded to amendthe minutes of July 5 by
changing page 23, the fourth paragraph to indicate that Mayor Pro
Tem Biles "restated" the motion and to approve the minutes of July
llth. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger
"aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
3. Citizen Reports
A. The Council received a citizen report from Joe Dodd
regarding three suggestions for Council.
Mr. Dodd stated that his first suggestion was to appoint another
committee which would be a Charter Review Committee. He felt it
would be appropriate to review the Charter before getting into a
new century. A second suggestion was private management of the
public utilities in Denton. This would hire a private management
firm to manage the utility. His third suggestion dealt with the
number of times racism was brought up in Council meetings. He felt
there was no institutional racism in Denton. He did not object to
a police review board if it served some purpose. If there were
individuals who were still violating human rights, they would be
weeded out.
B. The Council received a citizen report from Carl Williams
regarding a Police Review Board.
Mr. Williams was not present at the meeting.
4. Citizen Requests
A. The Council considered a request from the Lone Star
Barrel Racing Association for an exception to the noise ordinance
for the use of amplified sound system on Sunday, September 17, 1995
from 1:00 p.m. - 7:00 p.m.
Joseph Portugal, Assistant to the City Manager, stated that this
request was for an exception to the noise ordinance for Sunday,
September 17th from 1-7 p.m. for the Lone Star Barrel Racing
Association.
Krueger motioned, Brock seconded to approve the exception. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. Consent Agenda
Krueger motioned, Brock seconded to approve the Consent Agenda as
presented. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
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September 12, 1995
Page 6
"aye". Motion carried unanimously.
A. Bids and Purchase Orders:
e
Bid #1772 - Property & Boiler Machinery Insurance
Bid #1786 - Distribution Transformers
Bid #1787 - Demolition and Clearing of 14 Unsafe
Structures
Bid #1788 - Cooling Tower Structural Repair
P.O. #56698 - Volvo & GMC Trucks of Dallas
P.O. #52360 - Bobby V. Gray
B. Contracts
1
2
3
4
5
6
7
8
9
10.
Chamber of Commerce Convention and Tourism Bureau
Denton County Historical Foundation
Denton County Historical Museum
Greater Denton Arts Council
North Texas State Fair Association
Denton Black Chamber of Commerce
Denton County Amphitheater Association
Denton Festival Foundation
Denton Historic Landmark Commission
Denton Main Street Association
6. Consent Agenda Ordinances
The Council considered the Consent Agenda Ordinances 6.A. - 6.D.
Young motioned, Krueger seconded to approve the Consent Agenda
Ordinances On roll vote, Miller "aye" Young "aye" Cott "aye"
Krueger "aye", Brock "aye", Biles trayelll and Mayor Castleberry
"aye". Motion carried unanimously.
A. NO. 95-162
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - Bid #1772,
5.A.2. - Bid #1786)
B. NO. 95-163
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.3. - Bid #1787, 5.A.4. - Bid #1788)
City of Denton City Council Minutes
September 12, 1995
Page 7
C. NO. 95-164
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.5. - P.O.
#56698, P.O. #52360)
NOS. 95-166/95-175
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE FOLLOWING ORGANIZATIONS FOR
THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN
EFFECTIVE DATE: CHAMBER OF COMMERCE, DENTON COUNTY HISTORICAL
FOUNDATION, DENTON COUNTY HISTORICAL MUSEUM, GREATER DENTON
ARTS COUNCIL, NORTH TEXAS STATE FAIR ASSOCIATION, DENTON BLACK
CHAMBER OF COMMERCE, DENTON COUNTY AMPHITHEATER ASSOCIATION,
DENTON FESTIVAL FOUNDATION, DENTON HISTORIC LANDMARK
COMMISSION, AND DENTON MAIN STREET ASSOCIATION (5.B. 1-10)
7. Ordinances
A. The Council considered adoption of an ordinance adopting
the budget for the City of Denton, Texas, for the fiscal year
beginning on October 1, 1995, and ending on September 20, 1996.
The following ordinance was considered:
NO. 95-176
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON,
TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1995, AND
ENDING ON SEPTEMBER 30, 1996; AND DECLARING AN EFFECTIVE DATE.
Krueger motioned, Young seconded to adopt the ordinance.
Ken Gold read a statement regarding the approval of the budget
which was attached to the agenda back-up materials.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
B. The Council considered adoption of an ordinance levying
the ad valorem tax of the City of Denton, Texas, for the year 1995,
on all taxable property within the corporate limits of the City on
January 1, 1995, not exemDt by law; Droviding revenues for payment
of current municipal expenses, and for interest and sinking fund on
outstanding City of Denton bonds; providing for limited exemptions
of certain homesteads; and providing for enforcement of
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September 12, 1995
Page 8
collections.
The following ordinance was considered:
NO. 95-177
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON,
TEXAS, FOR THE YEAR 1995, ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1995, NOT EXEMPT BY
LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL
EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING
CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF
CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the Ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance amending
the schedule of electric rates contained in Ordinances 94-162, 95-
028, 95-141; deleting a Power Cost Adjustment (PCA) rate; deleting
an Air Conditioning Recycling Rebate rate (ACR); revising the
Industrial Development Rider rate (IDR); revising the General
Service Small Rate billing methodology to an Expandable Block
(GSS); revising the General Service Large Billing Methodology from
KW to KVA billing (GSL); amending the General Service Time of Use
rate (TGS); and renaming the Experimental Weekend rate (EWK) as the
Weekend rate (WK).
City Manager Harrell stated that there had been some comments that
the tax decrease versus the proposed rate increases would balance
out for a typical homeowner. It was noted that contained within
the electric ordinance was a decrease for the cost allocation rate
for the first quarter. In total that would mean about a $20 per
year decrease for a typical homeowner.
The following ordinance was considered:
NO. 95-178
AN ORDINANCEAMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED
IN ORDINANCES 94-162, 95-028, 95-141; DELETING A POWER COST
ADJUSTMENT (PCA) RATE; DELETING AN AIR CONDITIONING RECYCLING
REBATE RATE (ACR); REVISING THE INDUSTRIAL DEVELOPMENT RIDER
RATE (IDR); REVISING THE GENERAL SERVICE SMALL RATE BILLING
METHODOLOGY TO AN EXPANDABLE BLOCK (GSS); REVISING THE GENERAL
SERVICE LARGE BILLING METHODOLOGY FROM KW to KVA BILLING
(GSL); AMENDING THE GENERAL SERVICE TIME OF USE RATE (TGS);
City of Denton city Council Minutes
September 12, 1995 ~
Page 9
RENAMING THE EXPERIMENTAL WEEKEND RATE (EWK) AS THE WEEKEND
RATE (WK); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Biles motioned, Krueger seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance amending
the schedule of water rates contained in Ordinance 94-163 for water
service; eliminating the installation charge in metered water from
fire hydrant (WFH); and amending the Upper Trinity Regional Water
District rate (WW1) per the contract.
The following ordinance was considered:
NO. 95-179
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN
ORDINANCE 94-163 FOR WATER SERVICE; ELIMINATING THE
INSTALLATION CHARGE IN METERED WATER FROM FIRE HYDRANT (WFH);
AMENDING THE UPPER TRINITY REGIONAL WATER DISTRICT RATE (WW1)
PER THE CONTRACT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Krueger seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance amending
the schedule of wastewater rates contained in Ordinance 94-164 for
wastewater service; and amending the wholesale wastewater treatment
rate (SSC).
The following ordinance was considered:
NO. 95-180
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES
CONTAINED IN ORDINANCE 94-164 FOR WASTEWATER SERVICE; AMENDING
THE WHOLESALE WASTEWATER TREATMENT RATE (SSC); AND PROVIDING
FOR AN EFFECTIVE DATE.
Brock motioned, Biles seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
Ilay~l, Bil~ I~ay~~, and Mayor Castleberry "aye". Motion carried
unanimously.
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September 12, 1995
Page 10
F. The Council considered adoption of an ordinance amending
the schedule of solid waste rates contained in Ordinances 94-165
and 95-027; amending solid waste rates for residential, commercial
and recycling collection services as authorized by Chapter 24 of
the Code of Ordinances of the city; amending the charges for the
collection of grass, leaves, and brush; amending a charge for
locks; amending a charge for special waste; adding a charge for
inaccessible containers; adding a deposit for temporary open top
and dumpster containers; amending the charges for use of the
landfill and adding a 3.5% State surcharge to all solid waste
delivered to the landfill.
The following ordinance was considered:
NO. 95-181
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SOLID
WASTE RATES FOR RESIDENTIAL, COMMERCIAL AND RECYCLING
COLLECTION SERVICES, AS AUTHORIZED BY CHAPTER 24 OF THE CODE
OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AMENDING THE
CHARGES FOR THE COLLECTION OF GRASS, LEAVES, AND BRUSH;
AMENDING A CHARGE FOR LOCKS; AMENDING A CHARGE FOR SPECIAL
WASTE; ADDING A CHARGE FOR INACCESSIBLE CONTAINERS; ADDING A
DEPOSIT FOR TEMPORARY OPEN TOP AND DUMPSTER CONTAINERS;
AMENDING THE CHARGES FOR USE OF THE LANDFILL AND ADDING A 3.5%
STATE SURCHARGE TO ALL SOLID WASTE DELIVERED TO THE LANDFILL;
AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Krueger seconded to adopt the ordinance.
Council Member Cott assumed that the rates included recycling.
City Manager Harrell stated correct as per the budget. A pledge
had been made that before any program was implemented, the Council
would have to grant approval.
Council Member Cott felt that at this point in time, the Solid
Waste Department had made a decision to go in a certain direction
regarding recycling. He felt that there might be one or two other
alternate directions to go.
Mayor Pro Tem Biles understood that before any curbside recycling
could be adopted, it would have to have the approval of the Public
Utilities Board and the Council.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
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September 12, 1995
Page 11
G. The Council considered adoption of an ordinance amending
Section 13-22 of Chapter 13 "Food and Food Establishments" of the
Code of ordinances providing for permit fees for restaurants,
grocery stores, and day care centers.
The following ordinance was considered:
NO. 95-182
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 13-
22 OF CHAPTER 13 "FOODAND FOOD ESTABLISHMENTS" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON; PROVIDING FOR PERMIT FEES
FOR RESTAURANTS, GROCERY STORES, AND DAY CARE CENTERS;
PROVIDING A PENALTY NOT TO EXCEED $2,000.00; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Miller seconded to adopt the ordinance.
Council Member Young stated that he was against any kind of
increases at day care centers.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
H. The Council considered adoption of an ordinance creating
a Municipal Court Building Security fund and requiring that a
defendant convicted in a trial for a misdemeanor offense in the
city of Denton Municipal Court No. 1 and any other city of Denton
Municipal Court which may hereafter be created, shall pay a three
dollar security fee as a cost of Court.
The following ordinance was considered:
NO. 95-183
AN ORDINANCE CREATING A MUNICIPAL COURT BUILDING SECURITY FUND
AND REQUIRING THAT A DEFENDANT CONVICTED IN A TRIAL FOR A
MISDEMEANOR OFFENSE IN THE CITY OF DENTON MUNICIPAL COURT NO.
1 AND ANY OTHER CITY OF DENTON MUNICIPAL COURT WHICH MAY
HEREAFTER BE CREATED, SHALL PAY A THREE DOLLAR SECURITY FEE AS
A COST OF COURT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Bil~ I~ayeI~, and Mayor Castleberry "nay". Motion carried
with a 6-1 vote.
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September 12, 1995
Page 12
I. The Council considered adoption of an ordinance amending
Section 20-1 "Noise" of the Code of Ordinances by establishing
hours for the erection, excavation, demolition, alteration, or
repair work on any building; and providing for a penalty of $500.00
for any violation hereof.
City Manager Harrell stated that this ordinance had been drafted in
accordance with the wishes of Council.
The following ordinance was considered:
NO. 95-184
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 20-
1 "NOISE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY
ESTABLISHING HOURS FOR THE ERECTION, EXCAVATION, DEMOLITION,
ALTERATION, OR REPAIR WORK ON ANY BUILDING; PROVIDING FOR A
PENALTY OF $500.00 FOR VIOLATION HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
Krueger motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "nay", Cott "nay", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
with a 5-2 vote.
J. The Council considered adoption of an ordinance approving
a bond counsel contract between the City of Denton and McCall,
Parkhurst and Horton, L.P.L.
Harlan Jefferson, Director of Fiscal Operations, stated that the
city had had a relationship with this organization for 25 years.
The firm prepared resolutions and ordinances which authorized the
issuance of debt. They also supervised the issuing of debt and
were used to supervise the delivery of the bonds. There were a few
changes in this contract from the old contract. One change dealt
with a securities exchange rule as it related to a disclosure
requirement. A second change dealt with the hourly rate for the
contract and a third change dealt with an indemnification clause.
The Investment Committee recommended that such a clause be included
in the contract.
NO. 95-185
AN ORDINANCE APPROVING A BOND COUNSEL CONTRACT BETWEEN THE
CITY OF DENTON AND MCCALL, PARKHURST & HORTON, L.L.P.;
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
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September 12, 1995
Page 13
383
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
K. The Council considered adoption of an ordinance approving
the City Manager to execute a financial advisory agreement between
the City of Denton and First Southwest Company.
Harlan Jefferson, Director of Fiscal Operations, stated that the
City also had a relationship with this firm for 25 years. The
proposed contract was identical in terms and services with the
exception of an indemnification clause.
The following ordinance was considered:
NO. 95-186
AN ORDINANCE APPROVING THE CITY MANAGER TO EXECUTE A FINANCIAL
ADVISORY AGREEMENT BETWEEN THE CITY OF DENTON AND FIRST
SOUTHWEST COMPANY; AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
L. The Council considered adoption of an ordinance amending
Ordinance No. 88-189, as amended, which granted a franchise to
Sammons Communications, Inc. to reconstruct, operate, and maintain
a cable television system in the city of Denton, Texas; consenting
to the assignment and transfer of that franchise from Sammons
Communications, Inc. to Marcus Cable Associates, L. P. in
accordance with the terms and conditions of this ordinance; and
approving an acceptance agreement. (First Reading)
Joe Dodd stated that he was not in favor of Marcus and not
comfortable with their services. There was a provision in the
transfer where all revenue from telecommunications would be
considered part of gross revenues on which the franchise fee was
based. He had a problem with that clause because if the cable
company became a telephone company, the money would be lumped into
the franchise fee. He also felt that Sammons was not in compliance
with the programming portion of the franchise. He wanted to see
language so that if there was a significant change in Federal law
or regulations, the company would have 24 months to void the
franchise agreement and negotiate a new agreement.
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City of Denton city Council Minutes
September 12, 1995
Page 14
Richard Foster, Public Information Officer, stated that Sammons
Communications had entered into an agreement with Marcus Cable of
Dallas to sell its cable system. In May Sammons had requested a
transfer of the franchise. The current franchise was approved in
November 1988 and was for 15 years. According to Federal law and
the franchise agreement, the City had to analyze a prospective
buyer on technical capabilities. The Cable Television Advisory
Board had recommended that Council vote in favor of the transfer of
the franchise. This was the first of two required readings of the
ordinance per the City Charter.
Herb Prouty, City Attorney, stated that there were several changes
made to the ordinance which went out in the agenda packet. One
change included a provision which indicated that the maximum
liquidated damages would not exceed $4,000. Another change dealt
with a cable duct use agreement which was included in the reviewed
proposed ordinance. There were some provisions of the current
franchise which were not complied with by Sammons and those had
been addressed in the transfer. One of primary provisions dealt
with the addition of video programming into other points in the
City besides City Hall. Marcus had indicated that they would
promptly but not later that 12 months from the effective date of
the ordinance provide video programming in additional City
buildings and facilities. Mr. Dodd had also referred to a
provision in the transfer dealing with telecommunications
activities. That provision indicated that Marcus would not be
limited from engaging in telecommunication activities and that all
revenue from telecommunications would be part of the gross revenues
on which the franchise fees were calculated. This was not a
provision which was negotiated. The provision was to alert and
have recognition from Marcus that telecommunication would not be
allowed and if allowed, they would have to pay as part of the gross
receipts. Marcus signed the acceptance agreement but lined out
that provision. The provision was taken out of the acceptance
agreement and included in Section 5 of the proposed ordinance. It
would be a Council decision on this issue. He felt it was extra
protection for the City that Marcus would be on notice that the
City did not consider that they had a right to engage in
telecommunications. If they did such, they had to pay all of those
revenues received as part of the gross receipts at a 5-7% rate.
Council Member Cott asked if some significant accounting
adjustments needed to be done.
City Attorney Prouty stated that that was not correct. Marcus
would be accepting the existing terms of the franchise except as
amended. In all cases the amendments were favorable to the City.
Foster stated that Denton had a good franchise. This proposal was
simply transferring to another company the same schedule as in the
past with no changes in the accounting methods.
City of Denton City Council Minutes
September 12, 1995
Page 15
Joe Comicia, Marcus Communications, stated that they had had a
number of meetings regarding the transfer and had worked out an
agreement which was a considerable benefit to the city of Denton.
There seemed to be a concern as to whether or not Marcus would
provide telephony and give notice within 60 days. He stated that
Marcus would not be providing telephony in the near future. When
Marcus did provide such a service, it would work with the Council
and would work to bring lower rates to the City. The issue of the
language did come up during the negotiations. All other cities
except for Denton decided to hold off until the Federal language
was known. Denton was the only community wanting to add such
language. He was not opposed to the language but felt it was
moving beyond the provisions of the agreement. The acceptance
agreement was not the place the locate that language.
Mayor Pro Tem Biles asked if Marcus was objecting to the entire
paragraph K2 or just a portion of the language.
Comecha stated that they were not objecting to the language but
rather the insertion in the agreement at the last minute.
Mayor Pro Tem Biles asked if it would be acceptable to adopt some
type of substitute language that would provide language
conditioning to Federal law changing there might be different
circumstances. He asked if substitute language could be worded in
such a way that if telecommunications was authorized by Federal
statute which would override the City Charter, the city would still
be covered.
Comecha stated that the proposal dealt with Marcus' qualifications
to run the franchise. Other issues could be discussed at a later
date.
Council Member Young stated that this was the first reading of the
ordinance and motioned to adopt the ordinance.
city Attorney Prouty stated that Council needed to discuss this
issue before the second reading. He suggested removing the
language from the acceptance agreement and put it in the ordinance.
The Council would pass the ordinance on first reading subject to
the removal of the sentence from the acceptance agreement and being
substituted in the ordinance subject to continued discussions with
Marcus.
Council Member Krueger seconded the motion.
John Enlow, Sammons Communications, indicated that a statement had
been made that Sammons was not in compliance with the ordinance
regarding video insertion points. He indicated that Sammons had
been prepared at any time to do so but never was requested to do
so. Sammons had always been in compliance with the franchise.
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City of Denton City Council Minutes
September 12, 1995
Page 16
Mayor Pro Biles expressed a concern that the first reading of the
ordinance would read differently from the second reading.
City Attorney Prouty stated that the best way to avoid that problem
would be to take the provision out of the ordinance and without it
in the acceptance agreement.
Young and Krueger agreed to delete the sentence dealing with the
gross receipts of telecommunications.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
8. Resolutions
A. The Council considered approval of a resolution approving
the fiscal year 1996 budget of the following organizations for
hotel occupancy funds, pursuant to Chapter 351 of the Texas Tax
Code: Chamber of Commerce-Convention and Tourism Bureau, Denton
County Historical Foundation, Denton County Historical Museum,
Greater Denton Arts Council, North Texas State Fair Association,
Denton Black Chamber of Commerce, Denton County Amphitheater
Association, Denton Festival Foundation, Denton Historic Landmark
Commission, and Denton Main Street Association.
Council Member Miller left the meeting.
The following resolutions were considered:
NO. R95-044
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
CHAMBER OF COMMERCE CONVENTION AND TOURISM BUREAU FOR HOTEL
OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX
CODE; AND PROVIDING AN EFFECTIVE DATE.
NO. R95-045
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON COUNTY HISTORICAL FOUNDATION FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND
PROVIDING AN EFFECTIVE DATE.
NO. R95-046
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON COUNTY HISTORICAL MUSEUM FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 12, 1995
Page 17 ·
NO. R95-047
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
GREATER DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
NO. R95-048
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
NORTH TEXAS STATE FAIR ASSOCIATION FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND
PROVIDING AN EFFECTIVE DATE.
NO. R95-049
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON BLACK CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND
PROVIDING AN EFFECTIVE DATE.
NO. R95-050
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON COUNTY AMPHITHEATER FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
NO. R95-051
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON FESTIVAL FOUNDATION FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
NO. R95-052
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON HISTORICAL LANDMARKCOMMISSION FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND
PROVIDING AN EFFECTIVE DATE.
NO. R95-053
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON MAIN STREET ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
Biles motioned, Young seconded to approve the resolutions. On roll
vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
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City of Denton City Council Minutes
September 12, 1995
Page 18
B. The Council considered approval of a resolution declaring
a public necessity exists and finding that public welfare and
convenience requires the taking and acquiring of a street right-of-
way easement in the hereinafter describer land situated in the
vicinity of Loop 288 and Spencer Road; authorizing the City
Manager or his designee to make an offer to the owners of the
property and if the offer is refused, authorizing the city Attorney
to institute the necessary proceedings in condemnation in order to
acquire the property necessary for the public purpose of
constructing a public street to intersect with State Highway 288.
Rick Svehla, Deputy City Manager, stated that approval of this
resolution would give staff authority to negotiate with the owner
of the property. Currently developers in the area were dedicating
70 feet of right-of-way and building a four lane divided facility.
This land would ensure that the construction was proper and
appropriate slopes were built. Staff had attempted to make contact
with the owner but was not successful. If the individual waited to
develop in the future, he would have to dedicate the property at no
cost. Staff was trying to move the project and would deal fairly
with the owner of the property.
Council Member Krueger stated that if the land owner refused to
deal with the city at this time and the property had to be
condemned, the City would have to pay for the property. However,
if he developed the property in the future, he would have to deed
the property to the City.
Svehla replied that normally when a four lane divided facility was
built, an 80 foot right-of-way was required. In this case, the
adjacent developers had dedicated 70' of right-of-way and were
willing to build the entire facility.
The following resolution as considered:
NO. R95-054
A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A STREET RIGHT-OF-WAY EASEMENT IN THE HEREINAFTER
DESCRIBED LAND SITUATED IN THE VICINITY OF SPENCER ROAD AND
STATE HIGHWAY 288; AUTHORIZING THE CITY MANACER OR HIS
DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF
THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO
INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER
TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF
CONSTRUCTING A PUBLIC STREET TO INTERSECT WITH STATE HIGHWAY
288; AND DECLARING AN EFFECTIVE DATE.
City of Denton city Council Minutes
September 12, 1995
Page 19
Krueger motioned, Biles seconded to approve the resolution. On
roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered approval a resolution adopting an
investment policy for funds for the city of Denton.
Harlan Jefferson, Director of Fiscal Operations, stated that in May
he had made a presentation on an investment policy at a Council
work session. At that time it was known that the policy would have
to be revised due to changes in the State law. Since that time, an
amendment to the Public Funds Investment Act had been approved and
the policy now incorporated any changes from that legislation.
Mayor Pro Tem Biles left the meeting.
Council Member Miller returned to the meeting.
The following resolution was considered:
NO. R95-055
A RESOLUTION ADOPTING AN INVESTMENT POLICY FOR FUNDS FOR THE
CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE.
Krueger motioned, Brock seconded to approve the resolution. On
roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
9. The Council considered appointment of a chair and Vice-Chair
of the Zoning Board of Adjustment and the Sign Board of Appeals.
City Manager Harrell stated that normally the City's Boards and
Commission selected their own chair person and vice-chair person.
In the case of the Sign Board of Appeals and the Zoning Board of
Adjustment, the City Charter required Council to select those
individuals.
Mayor Castleberry asked for nominations for the chair of the sign
Board of Appeals.
Council Member Cott nominated John Weber.
Council Member Young nominated Spencer Washington.
council voted on the nomination of Spencer Washington. On roll
vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye", Brock
"nay", Biles "aye", and Mayor Castleberry "aye". Motion carried
with a 4-3 vote.
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City of Denton City Council Minutes
September 12, 1995
Page 20
Mayor Castleberry asked for nominations for the vice-chair of the
Sign Board of Appeals.
council Member Krueger nominated Eldon Seaton. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor Castleberry asked for nominations for chair of the Zoning
Board of Adjustment.
Council Member Krueger nominated Larry Collister.
Council Member Young nominated Ed Terry.
Council voted on the nomination of Larry Collister. On roll vote,
Miller "aye", Young "nay", Cott "nay", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-
2 vote.
Mayor Castleberry asked for nominations for vice-chair.
Council Member Young nominated Ed Terry. On roll vote, Miller
"aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
10. The Council considered appointment of a voting delegate and
alternate voting delegate to the National League of cities Annual
Congress of Cities.
Mayor Pro Tem Biles nominated Council Member Miller as Voting
Delegate to the National League of Cities Annual Congress of
cities. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
Council Member Young nominated Council Member Cott as Alternate
Voting Delegate to the National League of Cities Annual Congress of
Cities. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
11. The Council considered nominations/appointments to city of
Denton Boards and Commissions.
Council Member Brock nominated Dick Waters to the Sign Board of
Appeals.
12. The Council considered appointments to the Blue Ribbon CIP
Committee.
City of Denton City Council Minutes
September 12, 1995
Page 21
Council Member Young appointed Brent Thornton.
13. The Council considered nominations to the Economic Development
Transition Committee.
City Manager Harrell stated that according to the Council's
procedure, voting on the nominations would take place on September
26th. Each Council Member was allowed to nominate up the three
individuals and certain members had not done that.
Council Member Brock nominated Randall McDonald.
No further nominations were desired by Council Members.
14. vision Update
Council Member Brock stated that there would be special
presentations on October 30th and November 1st at the Campus
Theater for the public. Each action team would be making
presentations which would be presented to various organizations
throughout the City. She urged all to attend.
15. Miscellaneous matters from the city Manager.
Lloyd Harrell, City Manager, presented the following items:
A. Reminder of a joint meeting with the DISD at their
Administration building on September 13th.
B. Reminder of the TML Region 8 meeting on September 22nd.
C. Reminder of the TML Annual Conference in Dallas on
October 25th-28th.
D. Bank One would be holding a press conference the
following day to announce that it would be setting aside a major
pool of funds at below market interest rates for individuals and
businesses in the Downtown area to restore the buildings in the
Downtown area.
16. There was no official action taken on Closed Meeting Items.
17. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Young indicated that he had put a flyer in
everyone's box regarding the Denton Broncos parade on October 20th.
The student council had asked that the Council participate in the
parade.
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City of Denton City Council Minutes
September 12, 1995
Page 22
B. Council Member Krueger stated that at the regular meeting
last week, no one made a motion to delete funding to service
organizations. There was a discussion to bring the issue up for
future items in order to receive more information on the process.
No one made a motion to delete the funding but merely asked for a
discussion on the item.
c. Council Member Young asked for an inspection of Bridges
Street in regards to providing water and sewer and street repair in
that area.
D. Mayor Castleberry asked for a report on meetings and
conferences which would be coming up in the future. He felt
Council should consider having a policy on which meetings would be
attended which would help with the budget process.
Mayor Castleberry reminded Council that the city departments answer
to the City Manager and not to the Council. Requests for
information by Council Members should go to the city Manager
through the normal procedure.
18. The Council did not meet in a Closed Meeting during the
Regular Session.
With no further business, the meeting was adjourned at 8:55 p.m.
NIPE~ WALTERS
Y SECRETARY
CITY OF DENTON, TEXAS
BOB CASTLEBE Y,
CITY OF DENTON, TEXAS
ACC002BC