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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 371 372 City of Denton City Council Minutes September 12, 1995 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. city of Denton City Council Minutes 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 373 374 City of Denton City Council Minutes September 12, 1995 Page 4 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. of 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 376 City of Denton City Council Minutes 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 377 3 7'8" City of Denton City Council Minutes 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. 379 38 City of Denton City Council Minutes 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. city of Denton City Council Minutes 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. 381 382 City of Denton City Council Minutes 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. City of Denton City Council Minutes 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. 384 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. 385 386 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. 387 388 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. 389 39 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. 391 392 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