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.
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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~
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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 ....
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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