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Minutes November 02, 1993387 CITY OF DENTON CITY COUNCIL MINUTES November 2, 1993 The Council convened into the Work Session on November 2, 1993 at 5:15 p.m. in the Civil Defense Room. PRESENT: ABSENT: Tuesday, Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Cott, Perry, and Miller. Council Member Chew I. The Council convened into the Executive Session to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered action in the matter of the application of Bolivar Water Supply Corporation for an amendment to CCN No. 11257; Docket Nos. 9824-C and 9447-C of the Public Utilities Commission. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 Council Member Chew arrived during the Executive Session. 2. The Council received a report, held a discussion and gave staff direction regarding Council procedures to consider a possible half cent sales tax election to reduce the property tax. Catherine Tuck, Administrative Assistant, stated that Dr. Bill Luker had requested that Council view a video he had made regarding the sales tax issue. Dr. Luker stated that when he was appointed to the Committee he had a general opposition to the sales tax proposal due to the increase in regressivity of an already regressive system of taxation. During the deliberations of the Committee and from the information the Committee received, he changed his mind. Reasons for the change included such factors as the sources of income for the City budget were almost equally divided among the sales tax, transfers and fees, and property tax. He felt a factor to consider was the regressive nature of the tax as everyone had to pay a base amount independent of use. He also suggested including in the proposal some effort to reduce the regressivity of the transfers such as to extend the Lifeline level to a larger amount. Tuck continued with information regarding shopper surveys at the Golden Triangle Mall, service Merchandise and Carter's. Figure~ indicated that a large percent of the shoppers were from outside Denton. 388 City of Denton City Council Minutes November 2, 1993 Page 2 City Manager Harrell stated that an advantage of the sales tax was that it would make the base much larger for those who would contribute towards city services. Tuck~stated that staff was requesting direction from Council regarding the possibility of calling an' election for this issue. Sixty days were required for Justice Department preclearance for such an election and staff was needing information regarding number of polling places and type of ballot. Council Member Chew stated that he was in favor of option IV which would have four polling places with punch card ballots. He felt this option would provide the greatest opportunity for voters to go to the polls and was worth the extra dollar amount. Council Member Brock stated that she had received calls from neighbors on where to vote on the constitutional amendments for today's election. She felt this illustrated the confusion regarding where to vote and who was running the election. The more confusion there was regarding an election, the less participation from voters. As the council members were elected at four polling places and as this would be a city issue, she felt it would be appropriate to have the election at those same four places. One polling place at Civic Center would reduce participation. Council Member Perry agreed with Council Members Chew and Brock. Not everyone was mobile and there was a need to have the polling places as accessible as possible. Council Member Cott questioned why the District Four polling place was not at the Southmount Baptist Church. City Manager Harrell stated that traditionally the city polling place for District Four was Denia Recreation Center. Last year the polling place was changed due to the combined city/county election and the County had requested that the polling place be at Southmount. Council Member Cott felt that there were really two districts in that area and suggesting using both polling places. city Manager Harrell stated that the city had never had two polling places per district and it would have to be a council polic>~ decision to do so. Mayor Pro Tem Smith stated that the District 2 polling place was ~3~ Sherman Drive which was not in the middle of the district but s~%,~ would not consider splitting her district with two polling places~ City of Denton City Council Minutes November 2, 1993 Page 3 389 Council Member Brock felt that predictability was important and the election needed to continue with what the electors were accustomed to doing. Consensus of the Council was to proceed with option Four if an election were called. Bob Nelson, Executive Director for Utilities, stated that Council had requested staff to explore possible subsidy options from the electric utility to offset the proposed sales tax impact on low income residents. Two options developed were to provide an additional reduction in rates for customers who used relatively small amounts of electricity or design additional conservation programs targeted to reduce the energy use of low income residents. Currently the City had a residential rate that provided a discount for customers not using over 700 KWH per month during the summer months. Council Member Chew stated that he was in favor of Option I as it would help the most individuals. Mayor Pro Tem Smith agreed with Option I as it would be a more instantly realized savings than perhaps the ceiling fan option with the conservation programs. It would be easier for the general public to understand. Council Member Miller stated that he was not comfortable looking at the sales tax issue in connection with this issue. He stated examples of how the increased sales tax would effect various income levels. He was not convinced that the additional sales tax was regressive and the Council should not try to trade off this issue with the sales tax issue. Council Member Chew stated that he had a problem with the numbers cited by Council Member Miller from that agenda back-up as he did not know how the numbers were derived. Council Member Perry stated that a renter would be paying approximately $6 more in sales tax while the landlord would have a 20% reduction in property taxes. The landlord would be making a profit off of this issue while the renter would have much more to pay than the landlord. Council Member Miller stated that that could be true for anyone who rented. There might be a small number of individuals effected negatively with this issue but he did not want to make this issue of utilities a part of the sales tax issue. Council Member Cott stated that he was bothered by the fact that the Council had spent 7-8 months budgeting and if this was going to City of Denton City Council Minutes November 2, 1993 Page 4 be an important part of the Council's thinking, it should have been part of the budget. Council Member Chew stated that this would be for the next year's budget. He felt it was important to look at the individuals who needed help and this would be imposing an additional tax for those indiuiduals. The Council needed to make provisions for those individuals in the next budget. City Manager Harrell stated that if the Council decided to call an election for the half cent sales tax proposal, it might want to pass a resolution setting ground rules in connection with the sales tax proposal. One guideline could be an examination of adjusting the Lifeline rate in the next year's budget. The resolution might also include a recommendation that the study committee follow the example of the '91 Committee to report on what had happened with the sales tax. He felt this would help the voters understand that there would be a group watching the progression of this issue. Mayor Castleberry stated that many of the low income individuals were in the Housing Authority program and would not be affected with their rent. There would not be rent increases as result of a property tax decrease. Council Member Perry stated that he had some reservations regarding the issue. He felt that this issue would set in motion a coalition which would want to hold the levels of the ad valorem taxes down. Council Member Miller felt a similar committee as the '91 committee was important. Council Member Chew stated that he hoped the Council would come to a consensus regarding the low income individuals and that a resolution as suggested would be appropriate. 3. The Council received a report, held a discussion and gave staff direction regarding casting votes for a candidate or candidates to serve on the Denton Central Appraisal District. Due to a time constraint, this item was considered during the Regular Meeting. 4. The Council received a report and held a discussion regarding a proposed ordinance amending Chapter 2 of the Code of Ordinances relating to "Administration" by revising Article III entitled "Boards, Commissions and Committees" by amending Section 2-65 entitled "Term of Office". Due to a time constraint, this item was considered during the Regular Meeting .... city of Denton city Council Minutes November 2, 1993 Page 5 391 5. The Council received a report and held a discussion regarding the Solid Waste Master Plan. Due to a time constraint, this item was considered during the Regular Session. The Council convened into the Regular Meeting on Tuesday, November 2, 1993 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council consider approval of the minutes of the Special Call Session of October 12, 1993. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented a proclamation for Nurse Practitioner Week. 3. The Council received and opened bids regarding the City of Denton Certificates of Obligation, Series 1993-A. John McGrane, Executive Director for Finance, stated that Council would be considering an ordinance later in the meeting which would award the bids. The bonds would be used for improvements to city facilities and for landfill/engineering services. Frank Medanich, First Southwest Company, stated that there were 7 proposals for the bids. The following were the bids with the effective .net interest rates: Prudential Bache - 5.1638; A.G. Edwards and Sons, Inc. - 5.1075; Merrill Lynch - 5.2319; Kemper Securities - 5.20440; LaSalle National Bank of Chicago - 5.2523; First Southwest Company - 5.098944; Paine Webber - 5.1693. He would check the bids and return with a recommendation. ~ ~ ~City of Denton City Council Minutes November 2, 1993 Page 6 4. Consent Agenda Perry motioned, Chew seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Moti6n carried unanimously. A. Bids and Purchase Orders: 1. Bid ~1552 - Hot Mix 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (3.A.1. - Bid ~1552) The following ordinance was considered: No. 93-202 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the issuance, sale and delivery of City of Denton Certificates of Obligation, Series 1993-A, and approving and authorizing instruments and procedures relating thereto. This item was passed until later in the meeting. C. The Council considered adoption of an ordinance prohibiting the parking of vehicles on both sides of Grace Temple Avenue, from its intersection with Fulton Street to its intersection with Ponder Street. Rick Svehla, Deputy City Manager, stated that the recommendation from the Traffic Safety Commission was to approve the request of Grace Temple Baptist Church. This street was very narrow and parking on both sides of the street made traffic movement very difficult. The following ordinance was considered: City of Denton City Council Minutes November 2, 1993 Page 7 393 No. 93-204 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON THE BOTH SIDES OF GRACE TEMPLE AVENUE, ~ROM ITS INTERSECTION WITH FULTON STREET TO ITS INTERSECTION WITH PONDER STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING iA PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); AND DECLARING AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock~ "aye'', Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance designating and establishing a school safety speed zone on portions of Linden Street, Fulton Street and Crescent Street near the Denton High School West Campus; reducing the maximum prima facie speed limit for such portions of said streets from thirty miles per hour to twenty miles per hour during certain hours. Rick Svehla, Deputy City Manager, stated that this item had been recommended by the Traffic Safety Commission. The buses entered and left the school at different times and this request would change the times to accommodate the bus traffic. The following ordinance was considered: No. 93-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON PORTIONS OF LINDEN STREET, FULTON STREETAND CRESCENT STREET NEAR THE DENTON HIGH SCHOOL WEST CAMPUS; REDUCING THE MAXIMTJM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREET FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance amending Section 22-28 of the Code of Ordinances to provide for certain fees associated with the use of City buildings and facilities. 3 9C~y of Denton City Council Minutes November 2, 1993 Page 8 Rich Dlugas, Director of Parks and Recreation, stated that this fee change had been discussed during the budget presentations. The changes dealt with the seller fees which were currently assessed to individuals who sold any items on public property within the City. The feewas currently 10% of the gross sales revenue received. It was ~elt that this was h~ndering the ability to rent the Civic Center and prohibited many groups from using neighborhood parks for a fundraiser. It was proposed to change the fee to $8 per hour for any merchandise, beverage and food sales which would occur at the Civic Center, Civic Center Park, the recreation centers, the Senior Center, North Lakes Parks, and South Lakes Park. The second part of the ordinance dealt with administrative fees and non-resident fees. It was proposed to assess a $3.50 administrative fee and a $7 non-resident fee to all individuals who participated in programs in the Parks Department. Currently the policy dealt with a sliding scale and it was felt that this scale hindered the ability to accept non-residents in programs. The following ordinance was considered: No. 93-206 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SEC. 22-28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR CERTAIN FEES ASSOCIATED WITH THE USE OF CITY BUILDING AND FACILITIES; REPEALING ALL ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance calling a special election to be held on January 15, 1994, for the purpose of determining whether to adopt an additional sales and use tax of one-half of one percent to be used to reduce property tax. City Manager Harrell stated that the ordinance which would be considered by Council was the second ordinance under the backup which called for four polling places. Council decided in the Work Session to use four polling places with the punch card voting system. The location of the polling place for District Four, as was indicated in the ordinance, would be Denia Recreation Center. The proposal would call an election for January 15, 1994 for a proposition of an additional one half cent sales tax. The proceeds of that tax would be used to reduce the property tax. Based on current calculations, that would amount to a 20% drop in the City property tax rate or a reduction of 15.3 cents per $100 valuation. State law indicated that this item had to be submitted to the City of Denton City Council Minutes November 2, 1993 Page 9 voters and if a majority of voters agreed, would then go into effect October 1, 1994. Staff had been instructed to prepare a resolution addressing the need to study the electric charges in regards to the.Lifeline rate for consideration for the budget of 1994~ The resolution would also indicate an appropriate role of the study committee to continue with its work. Mayor Castleberry indicated that he had a Speaker Card on this item from Joe Dodd. Joe Dodd suggested that District Four polling place be at the UNT union Building. He felt that the normal homeowner would save approximately $50-65 the first year with this proposal and that was the only guarantee with the proposal. He felt that the report from last week had many faulty assumptions. In regards to drawing new business to Denton, Denton already had tax abatement zones to cover that item. Retailers, in general, did not own the buildings that they operated out of which was the same as poor people who did not own their homes. The idea of helping the retailers by lowering the landlord's property tax was absurd. The idea that selection was the main idea in retail that separated Denton was not true in Denton. It was location and was such items as a half cent sales tax and the attitude of the City. Commuters were not second class citizens and students were not transients. Students would always be in Denton and for City purposes, students were permanent residents of the City. Homeowners knew that the sales tax would not delay the rise in the property tax but the sales tax would still be present after that happened. The most troubling aspect of the issue was who would profit and that would be the landlords. It would not be so bad if the landlords lived in Denton but many did not live or buy in Denton. There was a need to pass the ordinance as the public education which would go on would make the issue not pass. The following ordinance was considered: No. 93-207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING A SPECIAL ELECTION TO BE HELD ON JANUARY 15, 1994, FOR THE PURPOSE OF DETERMINING WHETHER TO ADOPT AN ADDITIONAL SALES AND USE TAX OF ONE-HALF OF ONE PERCENT TO BE USED TO REDUCE PROPERTY TAX; DESIGNATING VOTING PLACES AND AUTHORIZING THE APPOINTMENT OF ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT THE PUNCH CARD VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Cott seconded to adopt the ordinance designating four polling places and the use of punch card ballots. 395 39 city of Denton City council Minutes November 2, 1993 Page 10 Mayor Pro Tem Smith stated that the committee appointed by the Council.to study the issue was made up of citizens of Denton in varied professions. They were all in favor to recommend to Council to call the election with the exception of one individual. The Council-had an obligation to the community to call the election and let ~he citizens decide which direction to take as to whether to adopt the sales tax increase. Area citizens had lower ad valorem taxes than Denton and this proposal should help Denton with economic development. Council Member Chew stated that he agreed with the recommendations from the committee members regarding the Lifeline procedures. He felt those recommendations would help relieve the burden the additional sales tax would impose on approximately 2,000 of the City's residents. There was a need to reduce property tax but it must be equitable for all citizens. Council Member Miller stated that Council did not have to raise this issue and that it would be a trade of dollars. Council had heard from citizens that ad valorem taxes were too high and needed some relief. State law would allow the City to submit to the voters whether or not to increase the sales tax and reduce property tax by the same amount. The Council was not approving a sales tax increase, they were letting the voters decide whether to increase it. The ultimate choice rested with the voters. There was nothing implied that this would be against students. He agreed with the resolution in conjunction with the Lifeline rate. He did not feel that this would be a regressive tax. Over the years taxes would go up but the tax rate would be 20% lower than it otherwise would have been. Council Member Perry stated that the longer he studied the issue, the more he was persuaded that it was not equitable and that it did not fall evenly on all citizens. He objected to the argument that ad valorem taxes were less stable than the sales tax and did not feel that the data presented clearly established that. He felt that it was important to keep in the minds of the voters that ad valorem taxes were an essential part of the system of taxation and should not be cast in a negative manner. They were quite stable and in the long run would increase in value. He would agree with a resolution, if Council decided to call the election, for those who needed relief. He did not agree with establishing a permanent group to monitor the ad valorem taxes as the citizens of Denton would monitor the issue. On the grounds of inequity and on grounds of jeopardizing the positive aspect of the ad valorem tax, he would oppose the ordinance. Council Member Cott stated that Denton had a certain quality of life and there was a cost associated with that quality. Denton did not have the private tax base and the public tax base to continue City of Denton City Council Minutes November 2, 1993 Page 11 397 to spend the dollars on what the City wanted, He had spoken to many individuals regarding this issue. He felt that the citizens needed to be more involved in the process as a community. There was a need for more private industry in the community as that was where the tax base came from which Denton did not now have. His district had indicated to him to put the issue on the ballot. Council Member Brock stated that she was concerned about how high Denton's property tax rate was compared to surrounding communities as Denton had so much tax exempt property in the city. She was concerned for economic development and how to attract compatible economic development for the City. As the process began, she was not sure this was the way to proceed. She had since changed her mind regarding the issue partly from the recommendation of the Committee, from the reports of others who had already passed the increased sales tax, and from conversations with others on the issue. Over the years, the sales tax had been more stable than the property tax. She felt that the older citizen who was a long time homeowner in Denton would benefit from this proposal. These people did have some choice over sales tax but did not have a choice over ad valorem taxes. Shifting even a small burden of the property tax would give the taxpayer a certain amount of discretion on how much tax would be paid. In regards to Mr. Dodd's point regarding the absentee landlords, especially corporations who would receive a windfall if the issue passed, she hoped that the lower ad valorem tax rate would be an incentive to develop vacant land in Denton. This was an issue which needed to be looked at and to give the public a chance to vote on. Mayor Castleberry stated that since this was a State law which was available, it should be offered to the citizens and there was an obligation to offer to the citizens. He felt it would help Denton a great deal. On roll vote of the main motion to pass the ordinance, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. The Council considered Item 5.B. B. The Council considered adoption of an ordinance authorizing the issuance, sale and delivery of City of Denton Certificates of Obligation, Series 1993-A, and approving and authorizing instruments and procedures relating thereto. Frank Medanich, First Southwest Company, stated that he had checked the bids and determined that the numbers were correct. First Southwest Company was the best bid received and recommended that Council accept that bid. 398 City of Denton city Council Minutes November 2, 1993 Page 12 The following ordinance was considered: No. 93-202 .~RDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1993-A, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. Perry motioned, Chew seconded to adopt the ordinance. Council Member Brock asked if the Council was required by law to take the lowest bid if it was a reasonably sound company. Ted Brizzolara, Bond Counsel, replied yes that the Council would have to take the lowest bid. On roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. Council Member Cott stated that he continued to object to the extensive use of certificates of obligation versus general obligation bonds for financing city business. 6. Resolutions A. The Council considered approval of a resolution casting City of Denton votes for candidates to the Board of Directors of the Denton Central Appraisal District. Council Member Brock left the meeting with a potential conflict of interest. John McGrane, Executive Director for Finance, stated that the resolution would provide three options for Council. The City had 599 votes to cast for the vacant position on the Board. The options included voting for no candidate, cast all votes for one candidate or dividing the votes as Council saw fit. Twelve nominees had been submitted for the position. In discussions with various school administrators and with the City of Lewisville, there had been a discussion and a suggestion to try to get as many current board members back as possible. Council Member Cott asked who had submitted Mr. Thornton's name. McGrane replied the City of Denton and the City of Sanger. The following resolution was considered: City of Denton city Council Minutes November 2, 1993 Page 13 No. R93-067 A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND ~.DECLARING AN EFFECTIVE DATE. Cottomotioned to cast 200 votes for Brock, 199 votes for Beck and 199 votes for Thornton. McGrane stated that at the School District meeting it was felt that the number 0f votes required to elect a member to the Board would be approximately 850. The County had the most votes and had nominated two candidates - Mary Horn and chris Miles. If other votes were split it might not be enough to elect one individual. The motion died for lack of a second. Chew motioned, smith seconded to cast all votes for Brock. On roll vote, Cott, "aye", Miller ,,aye,,, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Brock returned to the meeting. B. The Council considered approval of appointing members to the Board of Directors Retirement and Nursing Center Finance Authority. a resolution of the Denton John McGrane, ExecutiVe Director for Finance, stated that this authority was one of the authorities used to issue tax .exempt bonds. The officers were appointed for six year terms and this resolution would extend the terms for another 6 years. The following resolution was considered: No. R93-068 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE. Perry motioned, smith seconded to reappoint Harrell, Svehla, and McGrane. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolutiOn authorizing an application for a grant to participate in the National Tree Planting Program; committing local matching funds and in-kind services to match the amount of the grant. 399 40 City of Denton City Council Minutes November 2, 1993 Page 14 Bob Tickner, Superintendent of Parks, stated that this resolution would allow the City to continue with the grant process to participate in this program. It would allow the City to plant up to 113 trees this year. The program was administered through the Texas Forest Service from the Small Business Administration's Tree Plan~ing Program. The City had participated in the program for the past,two years. Council Member Cott asked if this was in the budget. Tickner replied that it was not in the Parks general operating budget. The local share would be from three different sources. One was the electric utilities tree power program which would provide $3,000. The Parks division beautification would provide $1,000 of donated dollars plus the city had an obligation to care for the trees which were in-kind services. Council Member Cott stated that the $4,000 was not in the budget. He suggested that if the City were to continue with this type of program that it needed to be in the budget. This was one of the causes why taxes went up. Council Member Brock stated that this particular contract was not in the budget but the larger items from which this item came from were in the budget. Part of the funding was donations and part was dollars from recycling. City Manager Harrell stated that the item was not budgeted in the general fund where most of the park expenditures were from. But the funds were in the budget. The Council was voting to receive federal funding through the State in the amount of $10,000 which would be matched with $4,000 of cash plus some in-kind services. The $4,000 local match, although not in the general fund, was in the electric budget which was approved by the Council for the Tree Power Program and $1,000 was in the special fund received from outside donations. Council Member Cott felt that it was important to remember that grants require something such as cash or in-kind services and that needed to be put in the budget. The following resolution was considered: No. R93-069 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN APPLICATION FOR A GRANT TO PARTICIPATE IN THE NATIONAL TREE PLANTING PROGRAM; COMMITTING LOCAL MATCHING FUNDS AND IN-KIND SERVICES TO MATCH THE AMOUNT OF THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes November 2, 1993 Page 15 401 Chew motioned, Perry seconded to approve the resolution. Council Member Brock stated that if the Council did not accept the federal and state funding, it would not change any part of the ~udg~t.- It would not lower the tax rate and would not change staff in any way. On roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. D. The Council considered approval of a resolution regarding an agreement with SPAN for the sale of fuel. Council Member Chew left with potential conflict of interest. Catherine Tuck, Administrative Assistant, stated that this agreement was between the City and SPAN for the sale of fuel. It was a similar agreement to the one passed with the County. It provided SPAN an opportunity to purchase fuel from the City, pay the up-charge as the County and city did and receive the benefit of a lower fuel purchasing cost. It was estimated that this proposal would save $5,000 for SPAN. The following resolution was considered: No. R93-070 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) FOR THE CITY TO PROVIDE ACCESS TO ITS FUEL FACILITY AND PROVIDE SPAN WITH FUEL; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered nominations and/or appointments to the Electrical Code Board, the Keep Denton Beautiful Board, the Juvenile Diversion Task Force and the '91 Committee. Council Member Chew returned to the meeting. Council Member Perry indicated that he was not ready for his nomination to the Keep Denton Beautiful Board. Council Member chew indicated that he was not ready for his nomination to the Electrical Code Board. 4O2 City of Denton City Council Minutes November 2, 1993 Page 16 Mayor Castleberry indicated that Birdell Carstarphen had been nominated at a prior meeting to the Juvenile Diversion Task Force. On roll vote on that nomination, Brock "aye", Cott, "aye", Miller "aye'J, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye'¢. Motion carried unanimously. Mayor Castleberry asked for nominations for the '91 Committee. Miller motioned, Chew seconded to appoint Hugh Ayer to the '91 Committee and to appoint Roberta Donsback as chair. Council Member Cott asked for two separate motions. Miller motioned, Chew seconded to nominate Hugh Ayer to the '91 Committee. On roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. Miller motioned, Chew seconded to appoint Roberta Donsback as chair of the '91 Committee. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Vision for Denton Update Council Member Miller stated that the kick-off meeting for the project was held on Sunday, October 24 with approximately 350 people in attendance. The discussion groups produced an overwhelming amount of input. The Project Cabinet would take that information received and use it to determine 'the impact groups. There would be approximately 5-7 focus groups. He stated that the project wanted to again solicit participation of all citizens in community to work on the project. This would be a working program and not one which would not accomplish anything. There would be a Vision Room in the Denton Municipal Complex where the impact groups would meet and have a display of what would be developing over the next few years. Council Member Brock stated that there would be many ways for citizens to participate in the process. 9. Miscellaneous matters from the City Manager. The Council considered the Work session items not discussed earlier in the meeting. 3. The Council received a report, held a discussion and gave staff direction regarding casting votes for a candidate or candidates to serve on the Denton Central Appraisal District. City of Denton City Council Minutes November 2, 1993 Page 17 · 403 city Manager Harrell indicated that this item had been discussed under the Resolutions section. 4. The Council received a report and held a discussion regarding a proposed ordinance amending Chapter 2 of the Code of Ordinances relating to "Administration" by revising Article III entitled "Boards, Commissions and Committees" by amending Section 2-65 entitled "Term of office". Debra Drayovitch, City Attorney, stated that this proposed ordinance had been prepared at the request of Council and provided for two different blanks to complete. The ordinance would provide that no board/commission member would be eligible to that board or any City board depending on Council's desire, before the lapse of a waiting period. Council Member Miller stated that he understood that the reappoint was to the same board/commission and not to any board/commission. He suggested the time period be for one year and that an individual could not be reappointed to the same board/commission. Council Member Brock stated that she would prefer a one year time period. Mayor Pro Tem smith agreed with the one year time period. She felt it would be best to not reappoint after three terms in order to provide an opportunity for other citizens to serve on boards/commissions. If an individual moved from one board to another, it would defeat that purpose. She felt it would be better not to reappoint an individual for at least one year which would open opportunities for others to participate in the process. Council Member Brock felt some board/commission appointments were not always equal appointments. She felt that the council was trying to avoid having one individual entrenched in one particular area. There were instances where an individual had been valuable for a board and developed into a leader which would be beneficial for another board. Council Member Perry felt that the spirit of the original ordinance was to provide for the steady rotation of people on and off boards. He would like the Council to consider not appointing people to any board/commission for a year time period and to keep that original intent. Council Member Miller stated that the reason for this amendment was due to a specific situation. At the time the ordinance was changed limiting terms, the procedure allowed for the appointment from one board to another. He felt it would be changing the original spirit 404 city of Denton City Council Minutes November 2, 1993 Page 18 of the ordinance. He felt that there were times when there was a need to appoint individuals to another board. Council Member Chew stated that there might be individuals on boards which the council might want to place in other areas due to the ~ontributions they had made on another board. Mayor Castleberry suggested that staff prepare two ordinances with a one year time period and variations regarding reappoint to other boards. 5. The Council received a report and held a discussion regarding the Solid Waste Master Plan. Bill Angelo, Director of Community Services, stated that the agenda materials contained a report which detailed the solid waste plan for the City. The Public Utilities Board had considered the scope of services for the completion of the plan for the solid waste master plan and the associated costs. The Board decided that the completion of the project could be accomplished by City staff assisted by a staff-chaired advisory committee. The Board felt that one member of the Public Utilities Board should be a member of the committee and that the membership of the Denton Area Solid Waste Technical Committee should be used for the new committee. That issue had been discussed with the Technical Committee which supported the Board's position. The Technical Committee expressed a concern that they be formally recognized by the Council as a committee and be charged with a specific task. They also expressed concern that the group was not really representative of the community as most were experts in one way or another in the field of solid waste. However, they were also concerned that new membership might slow down the process. The Committee was ready to begin work as soon as Council proceeded with the Board's recommendation. It was recommended to appoint members who were representative of the community who were experienced in this area and suggested that perhaps some appoints come from the Solid Waste Advisory Committee. The Technical Committee was also concerned that the Subchapter O requirements of the Texas Municipal Solid Waste Regulations, which were not in effect at this tine, needed to be complied with in this endeavor. They were concerned that the City would complete a plan and then the State would enforce the regulations requiring a local planning process. The Committee expressed concern about having an individual to write the results of the Committee and requested funding for an intern. There were no funds budgeted for that position in the operating budget but might be able to do so with the certificates of obligation for the engineering services. Originally it was anticipated that $70,000 would~be spent in the completion of the master plan. Under this approach, it could be done for less than $50,000. There were some pieces of the project which would still need to be done outside City of Denton City Council Minutes November 2, 1993 Page 19 4O5 such as developing hard cost estimates for the materials recovery facility. Council Member Cott suggested including a trucking consultant on the Committee. Council Member Miller asked if there were recommendations as to the size of the task force. Angelo replied that there was no decision on the size of committee at this time. Council Member Miller felt it would be good to broaden the committee but needed a recommendation of a workable size. With $70,000 for engineering services, the intern could be used with those dollars. City Manager Harrell stated that there was a need to prepare a solid waste master plan and the City needed to get on with the process. If Council felt comfortable utilizing the citizen committee made up of the core groups as described and recommended by the Public Utilities Board, one approach would be to refer this back to the Public Utilities Board to complete the committee and provide recommendations for Council approval. Consensus of the Council was to ask the Public Utilities Board to work out the details of the committee for Council consideration. Council Member Miller suggested including someone who would add a regional aspect to the issue. city Manager Harrell continued with Miscellaneous Matters from the city Manager. A. It appeared that there would not be a need for a meeting next week unless a legal matter required such. B. The Director of the Library had proposed a brochure to solicit funds for books and furniture for the new branch library. She was ready to proceed with that project if there were no Council objections. Consensus of the Council was to proceed. C. Regarding the role of the Sales Tax Advisory Committee, a potential role would be to ask the Committee to take the lead regarding the education process of the proposal. Consensus of the Council was to proceed as suggested. 4O6 City of Denton City Council Minutes November 2, 1993 Page 20 10. There was no official action taken on Executive Session items discussed during the Work Session. 11. New Business The ~ollowing items of New Business were suggested by Council Members for future agendas: A. Council Member Brock asked if the Council would be interested in considering a resolution regarding NAFTA. After discussion, the consensus of the Council was to not consider such a resolution. B. Council Member Brock suggested considering expanding the television coverage of the Council meetings and other areas to be included with the public access channel including televising the work sessions or perhaps the Planning and Zoning Commission meetings. 12. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 8:55 p.m. CI~ SECBETARY CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAYO~ CITY OF DENTON, TE~ ~ ACC00179