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Minutes November 19, 1991451 CITY OF DENTON CITY COUNCIL MINUTES November 19, 1991 The Council convened into the Work Session at 4:00 p.m. at the Moore Building. A tour of the building was held along with a discussion of possible renovations. The Council reconvened in the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters, real estate (considered a lease agreement with the Union Pacific Railroad), and personnel/board appointments (considered appointments to the Cable T. V. Advisory Board and the Electrical Code Board.) 2. The Council received a report and held a discussion regarding the Space Master Plan and gave staff direction. Lloyd Harrell, City Manager, stated that a number of months ago, the Council authorized a contract for a long range space need study trying to look out about 20 years in the future and do a phased approach as to the types of building space needed and what was the most logical way to phase into those needs. All of the departments in the City were involved in the study. Bruce Hennington, Superintendent of Facility Management, presented the background information on the consultant candidates. He presented the consultants from Corgan Associates, Brent Byers and Kim Smith. Byers reviewed the basic proposal for the City's space needs through the year 2006. It was recommended that the City Hall become an Administration Center, which would include Economic Development, City Council and Chambers. All City executives would be accommodated within the existing building and would require no major modifications to the building or site. The old City Hall (current Police Station) would become a Development Center for Planning, Development and Engineering. This building would also accommodate Building Inspection, Community Development, Main Street, Code Enforcement and Fire Administration/Training. The current Service Center would become a Municipal Building/City Hall Annex accommodating Central Stores, Purchasing Administration, Traffic Control and Street Construction/Patching. The Moore Building would be used for Polioe, Courts, Info~mation Servioes, Personnel, Customer Service, Cashiering and Tax. A new Utility Building/Service Center would be constructed to accommodate the 452 city of Denton city Council Minutes November 19, 1991 Page 2 Utility Department needs, a relocation of a portion of Central Stores and the Garage and Machine Shops. All city facilities would retain some percentage of space for future expansion and there would be a minimum amount of new construction. The proposed master/space plan (1) made full utilization of all existing city structures, (2) vacated all outside lease space from City obligations, (3) allowed rentals and conferences to occur at the Civic Center, (4) utilized the unoccupied Moore Building, (5) grouped City public interface agencies separate from non-public functions, (6) minimized new construction and (7) allowed and anticipated orderly, logical growth without over crowding or inappropriate physical location of City agencies. City Manager Harrell summarized the key moves. First would be the Law Enforcement/Court facility which would happen within the next several years. That would convert the Moore Building into the law enforcement/court facility and also move Personnel and Data Processing into that building. The old City Hall would be converted into the Development Center after the police had left the building. This would vacate a portion of City Hall for expansion of the offices which were to remain there. After that, the other phases would begin such as the new utility structure. It was projected that by the year 2006, all space needs would be met. Council Member Alexander asked if the Moore Building could adequately meet the needs for a law enforcement/court complex. Byers replied that the City would be getting the land and a shell of a building. There was good exterior access and more than adequate parking. The only qualification was the need to decide if the building were located in a place which was comfortable to the Council for the proposed purpose. John McGrane, Executive Director for Finance, presented the financial analysis of the Space Master Plan. He stated that there was sufficient funding with bonds for Phase I. He reviewed the resources available for Phase I 1993 and the proposed construction cost for 1993. City Manager Harrell stated that if Council were comfortable with the preliminary findings, staff would like to prepare an implementation schedule and plan for Phase I. Consensus of the Council was to proceed with the plan. 3. The Council wa~ to receive a report and hold a discussion regarding SPAN transportation and the transition to Section 9 Urban Mass Transportation Act Funds and give staff direction. City of Denton City Council Minutes November 19, 1991 Page 3 453 This item was discussed after the Regular Session under Miscellaneous Matters from the City Manager. 4. The Council was to receive a report and hold a discussion regarding an update on the Upper Trinity Regional Water District contracts and give staff direction. This item was discussed after the Regular Session under Miscellaneous Matters from the City Manager. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council was to have considered approval of the minutes of the Regular Session of August 5, 1991. This item was pulled from the agenda. The Mayor recognized representatives from the Sigma Chi Fraternity who presented checks for donations to various charities as a result of Derby Days during the University of North Texas' homecoming events. 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance revising the boundaries of the four single member election districts in the City of Denton, Texas. Harry Persuad, Senior Planner, stated that at the November 5, 1991 Council meeting, Council directed staff to prepare ordinances for Options A and E. Those had been included in the agenda backup materials along with the population distribution numbers and maps of the districts. The Mayor opened the public hearing. 454 City of Denton City Council Minutes November 19, 1991 Page 4 Frank Davila, representing LULAC, felt that the Council should pursue Option E. It offered a package which fit into the way the City was currently evolving with a Central Business District, minority populations and student populations. He felt it offered a temporary solution to the districting problem. He preferred a 6- 1 plan as it was visionary, proactive and provided for more leadership growth among the population of the City. Carl Young stated that he was representing the people in southeast Denton. He favored a 6-1 plan but understood that there was a lack of time for a 6-1 plan for the upcoming election. He stated that people in southeast Denton favored Plan E because it maximized minority voting strength. The Justice Department would look at the maximizing of minority voting strength and Plan E provided that. He asked the Council to adopt Plan E. Winn Walton provided a comparison of Options A and E as provided by Federal and State criteria. The first criteria was that the districts had to be within 10% of each other in size. This was achieved in both Options. The second criteria was that minority representation had to be enhanced. Plan E far exceeded Plan A in fulfilling this requirement. He felt that the idea that minorities were best represented by dividing them equally among the districts was questionable and out of touch with the national and regional standards. Minority representation in the two at-large superdistricts was enhanced best by Plan E - 22.94% as opposed to 20.63% in Districts 1 & 2 combined. The University of North Texas campus community was currently split among three of the four Council districts. The students asked for the same consideration which the City was asking for from the State Legislature. The City did not want to be divided among three State legislative districts and the students did not want to be divided among three City districts. The students asked the Council to pass Option E. Douglas Garay stated that the students wanted to vote and wanted to be united. He asked the Council to vote for Option E. Carl Williams, representing the Denton County NAACP, stated that students were not a protected class in the Voting Rights Act. He felt that it was an injustice to wait so long for redistricting. The only plan which was feasible for the City of Denton was a 6-2-1 plan. The reason being that the City of Denton was more desegregated in housing patterns than such cities as Dallas. In District 3 under Plan E, 66% of minorities were pulled out of that district which diluted the African-American vote. He felt that Plan A wa~ be~t at this poin% in %ime. City of Denton City Council Minutes November 19, 1991 - - ~ Page 5 455 Council Member Alexander asked Williams to elaborate on the fact that if Plan E were adopted, it would enhance the student position but might dilute the possibility of a Black or minority representative. Williams stated that if the students would vote, they would not need a special district. If they would vote as a block, it would not matter if they had a special district or not. His concern was that there were not enough African-Americans in Denton to have an African-American precinct. Euline Brock felt that the students were right to feel disenfranchised under the current system and with Plan A. However, if the students were to become.organized, they could elect more than one representative. In whatever way the district lines were drawn, it was extremely important to maximize the chances of a minority being elected. Unfortunately, the Council was considering only one plan which would not split 'the core of the University district. There were some special problems with Plan E. First, District One would be an inner City district. Now all of the district council members shared the inner City and they were all concerned for preservation of the older areas, the Historic District, the Central Business District, etc. She was concerned about drawing an inner City district which would encompass the older sections. This would in effect be the student district and the minority district. Plan E would facilitate the election of a student to City Council which would be desirable but if a student were elected from the district, then the chance of a minority being elected would be reduced. That was a very serious problem. Both plans had very serious problems and she suggested drawing another plan which would not divide the North Texas community and at the same time not make it an either or situation - student or minority representation. Council Member Trent asked Brock what were the dangers she felt with an inner city district representative. Brock replied that in larger cities, there were districts which were considered the inner city district. That would be considered a district which would have special problems and special interests. Those problems and concerns might not be shared bythe entire city. The way the present districts were drawn and with the present council representation, everyone felt an equal commitment to and involvement with the central part of the City. Council Member Trent stated that currently everyone voted on such subjects as the Historical District, etc. 456 City of Denton City Council Minutes November 19, 1991 Page 6 Brock agreed and felt that ideally all council members should be concerned for all areas of the City in an equal way. Certainly one of the reasons behind a district system such as a 6-1 system was to allow for a representative for a particular part of town. She was concerned that if there had to be a choice between one program or another and one benefited a member's district and one benefited an "inner city district", the choice might be made for the member's district. Bill Miller stated that the students wanted a council member of their own. Plan E had a 3% increase in minority representation in District One over Plan A. If the students did not vote, there would be an even greater likelihood that a minority would be elected. He preferred a 6-1 plan or even an 8-1 plan. The demographics of the community at this particular time showed a large segment of youth. If the students were mobilized, they could elect numerous Council members but they did not usually vote in such a large block. He favored a single member system for the future. Mariah Boone felt that the students were frustrated at their disenfranchisement which caused them to give up and not vote. Plan E helped the students. A 6-1 system was really what the students wanted but Plan E would be a compromise for the present. Trent Tice believed that the University of North Texas was the City's largest employer. He felt that the major employer in Denton should have its own representation on the Council. He felt that what ultimately affected the University, ultimately affected the community. Michael Alves felt that Plan E enhanced minority representation - not only by 3% Black but by a total of 6% for all minorities over Plan A. He disagreed with the theory of students being transient. Students wanted to vote and to vote in their own election. Plan E was good on a interim basis but a permanent solution should be a 6- 1 plan. Cindy Damph stated that more students voted in university elections than citizens in the City elections on a percentage basis. The students were confused with the current lines and were interested in City politics. Tyler Pierson stated that the University of North Texas might be the largest employer in the City but was not the largest taxpayer. He felt that it did not matter where the lines were drawn but who came out and voted. City of Denton city Council Minutes November 19, 1991 ..... Page 7 Tom Thomas stated that he favored Plan E. The opinions stated by the students at this meeting represented many other students. The students wanted to work with the City but could not if they were not adequately represented. He favored a 6-1 plan but favored Plan E for now. Bob Powell stated that minority maximization and single member districts were here to stay. He asked why it was so hard for the Council to do the right thing. By its own published criteria, the City had stated that the second most important standard for redistricting, after equal population, was enhancement of voting strength of minority groups. It was obvious to him that City-wide at-large districts could not even come close to meeting that requirement. He asked if the Council would force the citizen taxpayers of Denton to spend money for redistricting to make single member districts. He felt that single member districts were the only way to meet the criteria for adjusting districting boundaries. He felt that Plan E maximized minorities more than any other plan. He felt that the Council was doing nothing to establish single member districts. Artist Thornton stated that the Council needed to do what was right. The students wanted a fair voting system. Plan E was the best for minorities. There were two sets of minorities the Council needed to work with. One set was the minorities and one set was the students. The Council needed to consider the needs of the Blacks and Hispanics and the needs of the students at the University of North Texas. He felt it was time to grow as the City was expanding and the Council needed to expand. The Mayor closed the public hearing. Council Member Chew asked why the City had single member districts and the Voting Rights Act. He stated that they were to protect minorities. To enhance their ability to be able to have an impact on an election. The current system had worked up until this point. He represented the minority community in Denton and had talked with members of the minority community. They had not expressed a 6-1 plan at this time. A 6-1 would not serve the City of Denton best. He did not have a stronghold in Township II. He read the following statement: "We in Denton are proud to be a desegregated community and we empathize with the students at North Texas. Their concerns do show that we need to expand the City Council. However, at this point in time, it would not be feasible to reduce the Afro-American population by 48% and the Hispanic population by 42% in District Four. Therefore, looking at the City of Denton as a whole, I must urge, emphatically urge, the City Council to adopt Option A, because of the disfranchisement of those minority voters." City of Denton City Council Minutes November 19, 1991 Page 8 Council Member Trent stated that he originally preferred Plan B. But on further examination, felt there was not much difference between Plan A and Plan B. He had a feeling that the preponderance of the desires of the voters in Denton moved toward one particular option. He felt that Plan E enhanced representation of the Blacks, Plan E enhanced the representation of Hispanics, and Plan E enhanced the representation of students. He favored Plan E which he felt was the best option. Council Member Perry felt that Option A met the mandates for "one man, one vote" and maintained minorities in accordance with the voting laws. In view of comments by a minority Council Member, he 'was influenced toward Option A. He felt Option A met all of the mandates and caused the least amount of difficulty in the rearrangement of the boundaries. Mayor Castleberry stated that he was pleased with the interest of the students and their appearance at both public hearings. He hoped the students would look at themselves as citizens of Denton and not just students in Denton. He was more comfortable with Option E because of the minority concentration. He thought it was good that less county precincts were split with Option E which might result in less confusion at voting time. He felt there would be no problems with the Justice Department with Plan E but was concerned with Plan A. Council Member Smith stated that there had been a marvelous display of solidarity from the student population. She appreciated and admired that undertaking. She stated that Option E was her choice. She felt it enhanced the minority population. She did share some of Mrs. Brock's concerns regarding an enclosed inner city district because it had no room to move but believed that Option E would be her choice. Council Member Alexander stated that he was personally affected by the redistricting plans. Under the City Charter, a Council Member was not allowed to serve more than three consecutive terms from the same seat. He livedin Township II which would move from District One to District Four in Plan E. That would allow him to seek another term on the City Counoil. He had not allowed that to affect his thoughts in this decision. He echoed the previous compliments made to the students. He was convinced that the Council was not predetermined on how they were going to vote. He had seen Council Members change their minds over the past several days and during the last public hearing. They had heard well what was ~aid to the Council. He stated that he planned to vote for Plan A. He felt it was a serious problem when voting on a redistricting plan that would affect minority representation in the City of Denton city Council Minutes November 19, 1991 Page 9 years ahead if the Council did not pay attention to the recommendations, particularly of the NAACP, in this matter. He respected the recommendation of the LULAC representative. At the present time, there was a significant Black population in Denton but it was not strong enough in numbers to be assured of electing a representative from any single district, even if there was a 6-1 plan. What Denton had over the last ten years, since the adoption of the current 4-2-1 plan, was the election three times of a Black woman to the Council at-large and the election four times, during that period, of a Black man from District One which was constituted very close to the way that it was presently constituted. After weighing the ramifications of that point, he felt it would be a mistake if the lines of District One were significantly redrawn. The net effect of that might be to reduce the chances, in the future, that there would be a Black representative serving from that District on the Council. Unless someone could show him a different idea that he had not thought about, he would be voting for Plan A. Mayor Pro Tem Hopkins stated that it was very disturbing to have the LULAC representative express that Plan E was best and to have the NAACP representative and others express that Plan A was best. She felt that it had been proven in Denton that minorities were not disenfranchised. The Council had worked on a 6-1 plan. She had asked several times for a Charter Revision Committee. Staff was' currently working on that project. A majority of the Council had voted within the last few weeks to have the Manager and his staff prepare a plan for a Charter Revision Committee and a timetable. Council Member Trent stated that it appeared to him that Plan E enhanced the representation of the minorities. If that was what the Council was trying to do, how could one vote in favor of Plan A and expect to do that. Council Member Alexander replied that it depended on how "enhancement" was defined. If the objective was to try to create a district where a minority would in fact have a majority, then a good case could be made that Plan E enhanced minority voting strength. It clearly did in District One. Unfortunately, at the same time, it reduced the voting strength of minorities in some of the other districts, particularly District Four. With the desegregated nature of the Denton population, that was a factor of importance. Council Member Trent askedif a reduction from 7% to 5% in District Four characterized the kind of reduction which would have any effect on those numbers. City of Denton City Council Minutes November 19, 1991 Page 10 Council Member Alexander replied that it was a matter of degree and marginality. Council Member Trent stated that District One had a significant effect. ? Council Member Chew stated that one must~look at what woui~ be placed in District One. There would be algreater impact on,what was being placed in District One with Plan 9' Traditional min6rity voting strengths would be separated and diluted. The following ordinance was considered: AN ORDINANCE OF THE CITY OF DENTON,..TEXAS, REVISING THE BOUNDARIES OF THE SINGLE CITY COUNCIL MEMBER ELECTION DISTRICTS BASED UPON THE 1990 CENSUS; AND PROVIDING FOR AN EFFECTIVE DATE. (PLAN E) Trent motioned, Smith seconded to adopt the ordinance which would revise the boundaries of the four single member election districts in the city in accordance with Option E. On roll vote, Trent "aye", Alexander "nay", Hopkins "nay", Smith "aye", Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote. The following ordinance was'considered: No. 91-175 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REVISING THE BOUNDARIES OF THE SINGLE CITY COUNCIL MEMBER ELECTION DISTRICTS BASED UPON THE 1990 CENSUS; AND PROVIDING FOR AN EFFECTIVE DATE. (PLAN A) Chew motioned, Perry seconded to adopt the ordinance which would revise the boundaries of the four single member election districts in the City in accordance with Option A. On roll vote, Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "nay". Motion carried with a 5- 2 vote. 4. Consent Agenda Mayor Castleberry noted that Item 4.A.1 pulled from consideration. Perry motioned, Chew seconded to approve presented. Motion carried unanimously. - Bid #1295 would be the Consent Agenda as 461 City of Denton City Council Minutes November 19, 1991 Page 11 A. Bids and Purchase Orders: 2. Bid #1296 - Water Meters 3. Bid #1293 - Reroof Fire Station #2 4. Bid #1299 - Lease/Purchase Financing B. Tax Refunds Considered approval of a tax refund to Farmers & Merchants State Bank for $883.54. e Considered approval of a tax refund to Musket Corporation for $1,629.18. Considered approval of a tax refund to Musket Corporation for $1,699.26. e Considered approval of a tax refund to Musket Corporation for $1,691.91. Item 6.C. was moved ahead in the agenda order. 6. Resolutions C. The Council considered approval of a resolution approving an agreement and resolution of the City of Denton Industrial Development Authority with respect to the issuance of bonds for Safety-Kleen Corp. Mayor Pro Tem Hopkins left the meeting with a possible conflict of interest. John McGrane, Executive Director for Finance, stated that the City of Denton Industrial Development Authority had been petitioned to issue $2.43 million worth of bonds in order to refinance an industrial development bond which was originally issued through the Authority in 1985. The request had come in order to take advantage of the recent drop in interest rates. The proposal had been reviewed by the City's bond counsel and financial advisor who recommended that the City proceed with the issue. The Industrial Development Authority had approved to Council the resolution. 462 City of Denton City Council Minutes November 19, 1991 Page 12 The following resolution was considered: NO. R91-071 A RESOLUTION APPROVING ANAGREEMENTAND RESOLUTION OF THE CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY WITH RESPECT TO THE ISSUANCE OF BONDS FOR SAFETY-KLEEN CORP. Chew motioned, Trent seconded to approve the resolution. On r011 vote, Trent "aye", Alexander "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Pro Tem Hopkins returned to the meeting. The Council returned to the regular agenda order. 5. Ordinances A. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.2. - Bid #1296) The following ordinance was considered: No. 91-176 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL 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. Trent motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (4.A.3. - Bid #1293, 4.A.4. - Bid ~1299) The following ordinance was considered: 463 City of Denton City Council Minutes November 19,. 1991 Page 13 No. 91-177 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. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance accepting a competitive sealed bid and awarding a contract for Section 125 flexible benefit plan administration services to Anthem Life Insurance Company; and providing for the expenditure of funds therefor. (Bid #1291) The following ordinance was considered: NO. 91-178 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED BID AND AWARDING A CONTRACT FOR SECTION 125 FLEXIBLE BENEFIT PLAN ADMINISTRATION SERVICES TO ANTHEM LIFE INSURANCE COMPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. Council Member Trent asked where the $6700 savings would show in the budget. City Manager Harrell replied that it would be reflected in the administrative charges for personnel in the General Fund balance and would flow over into the General Fund balance for the next year. On roll vote of the main motion, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance accepting a tract of land, as shown in the dedication deed executed by William V. Rainey and Wale H. Rainey, attached hereto, for street and utility purposes. 464 City of Denton City Council Minutes November 19, 1991 Page 14 Rick Svehla, Deputy City Manager, stated that the dedication would involve the construction of Nottingham included in the 1986 bond issue. This dedication would complete the final requirements for right-of-way on Nottingham. The following ordinance was considered: No. 91-179 AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN IN THE DEDICATION DEED EXECUTED BY WILLIAM V. RAINEY AND WALE H. RAINEY, ATTACHED HERETO, FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving the purchase of a utility easement from Patsy L. Hutton; and authorizing expenditure of funds. City Manager Harrell stated that at the last meeting a concern had been raised over the notary public signature. That had been corrected and the ordinance was ready for Council consideration. The following ordinance was considered: No. 91-180 AN ORDINANCE APPROVING THE PURCHASE OF A UTILITYEASEMENT FROM PATSY L. HUTTON; AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance approving the 1991 tax rolls. City Manager Harrell stated that this was an annual approval of the formal receipt of the tax rolls. The following ordinance was considered: City of Denton City Council Minutes November 19, 1991 Page 15 465 No. 91-181 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1991 TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance in settlement of Cause No. CA-4:90-CV-183, Bovdston. et al v. Chrysler Corporation. The following ordinance was considered: No. 91-182 AN ORDINANCE OF THE. CITY OF DENTON, TEXAS, APPROVING A COMPROMISE SETTLEMENT AGREEMENT OF THE CITY OF DENTON'S SUBROGATION CLAIM IN DOUGLAS A. BOYDSTON, ET AL V, CHRYSLER CORPORATION; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance approving a settlement between the City of Denton and Daxa Patel, et al. The following ordinance was considered: No. 91-183 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT BETWEEN THE CITY OF DENTON AND DAXA PATEL, ET AL; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of 466 City of Denton City Council Minutes November 19, 1991 Page 16 Denton and County of Denton for the provision of library services. The following resolution was considered: No. R91-069 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the City Manager to sign and submit an application to the Texas Department of Housing and Community Affairs for approximately $250,000 in Rental Rehabilitation Program funds. Barbara Ross, Community Development Coordinator, stated that this resolution would approve the submission to the Department of Housing and Community Affairs, an application for $250,000 in rental rehabilitation funds. This was the last resolution of this type as the Federal Government was discontinuing this program and was the maximum amount allowed. The following resolution was considered: No. R91-070 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR A RENTAL REHABILITATION PROGRAM GRANT; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Alexander seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye"t Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Item C. was considered earlier in the meeting. D. The Council approval of a resolution supporting the extension of the runway at the Denton Municipal Airport and petitioning the FAA for matching grant funds. City of Denton City Council Minutes November 19, 1991 Page 17 467 Rick Svehla, Deputy City Manager, stated that the proposed resolution was to encourage the FAA to grant Denton funds for airport improvements. Council Member Trent asked what was the amount that the City was seeking. Svehla replied improvements would be $1.1 million but as the City had to have 10%, it was asking for $1 million. Council Member Trent stated that he was in favor of the resolution in terms of economic development and the possibility of Denton becoming a reliever airport. The following resolution was considered: No. R91-072 A RESOLUTION SUPPORTING THE FUNDING OF THE EXTENSION OF THE RUNWAY OF THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Alexander seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Miscellaneous matters from the City Manager. A. The Council considered a motion to authorize the Mayor to sign a letter of support from the City Council to the Justice Department and/or others regarding the Texas House redistricting of Denton. Lloyd Harrell, City Manager, stated that at the last meeting the Council requested a letter be drafted for submission to the Justice Department regarding the Texas House of Representatives redistricting plan. The Justice Department, since the last Council meeting, had formally rejected the House redistricting plan and had remitted it to the State of Texas for the redrawing of the boundaries for resubmission. The Governor had given the task to the Attorney General. The Council might want to authorize the sending of the letter to put the City's position on record and might consider sending a copy of the letter to the Governor and the Attorney General. This would allow for maximum impact. Council discussed whether or not to send a copy of the City's original letter or to draft a new letter. 468 City of Denton City Council Minutes November 19, 1991 Page 18 Alexander motioned, Chew seconded to authorize staff to prepare a letter for the Mayor's signature which would be sent to current representatives. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", -Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council took a short recess. Council Member Alexander was not present after the recess. B. The School Board would like to hold a joint meeting between the Council and the Board. Harrell requested dates which would be convenient for the Council. Council Member Alexander returned to the meeting. After discussion, tentative dates of December 11 and December 13 were decided. Those dates would be relayed to the School Board for a final decision. C. December 10 would be the Council's planning session. Harrell asked for Council Members to help with the agenda. After consideration, it was decided that Mayor Castleberry and Mayor Pro Tem Hopkins would assist the Manager. The Council considered the Work Session items not considered earlier. 3. The Council received a report and held a discussion regarding SPAN transportation and the transition to Section 9 Urban Mass Transportation Act Funds and gave staff direction. Lloyd Harrell, City Manager, .stated that staff had been working with SPAN regarding the transition to the Section 9 program which the City now qualified for as the City's population had exceeded 50,000. Council Member Chew left the meeting. Mayor Castleberry stated that Council Member Chew was a member of the Board and had to leave the meeting with a potential conflict of interest. Catherine Tuck, Administrative Assistant, provided the'Council with background information on SPAN. SPAN began providing fixed route public transportation in Denton in November 1989. Ridership on the public system had grown from 500 per month in 1989 to a high of City of Denton City Council Minutes November 19, 1991 ~ - Page 19 469 6,900 in August of 1991. SPAN was a private, non-profit organization which received funding from many different sources. SPAN's largest source of money was federal Urban Mass Transportation funding which accounted for $236,899 of the total $590,588 transportation budget. Other sources of funding included the State, the cities of Denton, Lewisville, Sanger, and Denton County. The United Way agencies of Denton County and Lewisville also contributed to SPAN. In 1987, SPAN was recognized as a rural transportation provider in Denton County by the Texas Department of Highways and Public Transportation and received funding under Section 18. With the 1990 census, Denton's population was over 50,000 which placed it in an urbanized area with funding to be obtained from Section 9. In order to receive Section 9 UMTA funds, there were several decisions to be made by the City of Denton. A recipient must be designated for UMTA funds and a Metropolitan Planning Organization must also be designated. The City needed to decide on how to receive and administer the funds. Staff recommended that the City work with NCTCOG to request the State designate NCTCOG as Denton's Metropolitan Planning Organization. Staff would continue to pursue information regarding the boundaries of the Denton urbanized area from the U. S. Bureau of the Census. Staff also recommended that the City be designated the recipient and the grantee of the Section 9 funds. This option provided for a direct relationship with UMTA and eliminated the State level. Mayor Pro Tem Hopkins question the option to designate the City as the recipient and the grantee of the funds. She could foresee a request in the next budget year for additional personnel to administer the program. It was not the option of the SPAN Board. She would like to hear from members of the SPAN Board regarding the Board preference that the State be designated. A1 Murdock, Executive Director of SPAN, stated the Board had also questioned which arrangement would be best for SPAN. Linnie McAdams, SPAN Board, stated that she did not have a problem with the designation of the NCTCOG as the Planning Authority. She was concerned with designating the City of Denton as the designee and recipient for the following reasons: (1) SPAN currently received funds from many different entities. SPAN provided services to all of those entities and needed to be fair to all entities receiving services. Under the present arrangement, the organization was able to negotiate with the various entities and make adjustments in order to accommodate everyone. She foresaw the possibility of Lewisville receiving an urbanized area designation and wanting to be designated as a grantee recipient. This could possibly create a political problem for SPAN. (2) SPAN had dedicated people who had worked with the programs for a number of 470 City of Denton City Council Minutes November 19, 1991 Page 20 years. They knew how to go after the grants and what to look for. The City staff, at this point, did not have that expertise. (3) Designating the State would have no impact on the availability of those funds to the City. The State was also aware of the additional grants for SPAN. She was concerned with the political difficulties in designating Denton as the grantee and recipient and how other entities would feel as Denton would have total designee status. She felt it was in SPAN's best interest to have the State be designated. Council Member Alexander asked if the State were designated now, did the City have the option to request to be the designee in the future. McAdams replied yes. Council Member Alexander stated that he was not yet convinced that it would not be in the City's best interest to assume the responsibility of the funding and to make the commitment to bring on board, the kind of individual needed to do that type of work with the grant programs. McAdams replied that funding at the current time, would probably prohibit the hiring of such a person and that it was helpful to have individuals who were experienced in working with grant programs. Doug Wuenschel, Chairman of the Board of SPAN, stated that he would like to work with the City in this area but felt that the State should be the grantee and the recipient of funds for Title 9 funding. The City would lose no benefits. The State was used to working with UMTA funds and could provide a certain amount of expertise in the funding area. Council Member Perry felt that designating the State would bring in a new third party to deal with the program. The City might lack a certain amount of knowledge that the State had, but it knew the local routes and citizens. Wuenschel replied that would not change. Only the funding would change. The partnership of the City and SPAN would not change. Mayor Castleberry asked about staffing if the City were designated. City Manager Harrell replied that if the City became the grantee, staff would come from currently employed individuals primarily from the Planning Department and supplemented by the City Manager's staff. The City knew that it could not duplicate the experience 471 City of Denton City Council Minutes November 19, 1991 ~ Page 21 and abilities that the current SPAN organization held. The City would look to SPAN to pull the documentation together and City staff would review and finalize the information. The Council would approve final applications on behalf of the community. Other considerations were the liability questions and the reduced staff throughout the City. Staff did not need another major project to tackle. No other city when faced with this situation, went with the State as the designee. He felt that the City as the designee was the best way to represent the City. The Council would have involvement in shaping the application and more actively helping to direct transportation areas in a cooperative partnership way with SPAN but not stepping back and taking a lesser role. Council discussed the City's responsibility in continuing to monitor service and the possible direction Lewisville was heading. Consensus of the Council was to have the City Manager and Mayor visit with Lewisville representatives regarding these issues. Council Member Chew returned to the meeting. 4. The Council received a report and held a discussion regarding an update on the Upper Trinity Regional Water District contracts and gave staff direction. Bob Nelson, Executive Director of Utilities, stated that staff was developing three Denton/UTRWD contracts. They were the interim sale of wholesale raw water; water treatment and transmission service contracts; and joint ownership, development and operation and maintenance agreement. Nelson reviewed the three contracts and options. Detailed information was included in the agenda back-up materials. Council Member Trent asked how this would affect the City if a future year had a greater rate of development than anticipated. Nelson replied that there should be adequate capacity for a number of years. Council Member Trent asked which of the three options would provide the City with the best escape if necessary. Nelson replied the wholesale contract arrangement. City Manager Harrell stated that as the financial analysis was done, it was found that the City's interests were best served with a wholesale contract as opposed to joint ownership. It first was thought that the joint ownership might be financially beneficial to 472 City of Denton City Council Minutes November 19, 1991 Page 22 Denton. If the City took the position with the UTRWD that the Council wanted to do a wholesale arrangement, there was the possibility that as a group the District would reject the concept. If that did occur, the same wholesale arrangement could be offered to the individual cities. Council continued debate concerning the options. Hopkins motioned, Chew seconded to direct staff to proceed with a wholesale contract concept as discussed. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. There was no official action taken on Executive Session items as discussed during the Work Session Executive Session. 10. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned at 11:10 p.m. J~I~ER~W]%LTERS CI~ SECBETARY CITY OF DENTON, TEXAS ACC0001B BOB CASTLEBERRY, MAY~R CITY OF DENTON, TEX~ ~ /