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
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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.
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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.
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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.
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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.
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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
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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.
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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:
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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.
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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
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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.
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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
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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
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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
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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~ ~
/