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Minutes November 5, 1996182 CITY OF DENTON CITY COUNCIL MINUTES November 5, 1996 The Council convened into a Closed Meeting on Tuesday, November 5, 1996 at 5:45 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: Ao Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, November 5, 1996 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. $. and Texas flags. 2. The Council considered approval of the minutes of August 20 and August 27, 1996. Brock motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. Mayor Miller presented the following proclamations: Key Club Week National Business Women's Week Mayor Miller presented Yard of the Mouth A~:ards to: June Donowho Katy and David Dawson Mr. and Mrs. Coy Stinson Taco A1 and Helen Houdek Downtown Business Award - The Chestnut Tree and the Garden Gate 183 City of Denton City Council Minutes November 5, 1996 Page 2 3. Citizen Reports A. The Council received a citizen report from Dessie Goodson regarding SPAN. Ms. Goodson stated that she went to the trolley stop at the Bank today and all of the routes were running late. There were people waiting and who were left running late. She had trouble with the routes she was using with routes running late. She could not get demand response service as required from the Texas Department of Transportation. She felt that the late running of the buses must stop as there were no places to sit nor shelters to keep out of the weather. She questioned the location of some of the routes and the places of some of the stops. The drivers did not wear their seat belts and one regularly ran through a red light. 4. Public Hearings A. The Council held a public hearing in accordance with Chapter 26 of the Parks and Wildlife Code to obtain public comment concerning the proposed exchange of approximately 13.06 acres in Abstract 616 and 1007 out of South Lakes Park for approximately 5.105 acres in Abstract 185 near Evers Park from the Denton Independent School District for the purpose of facilitating the construction of a middle school on the 13.06 acres out of South ~Lakes Park. ~Ed Hodney, Director of Parks and Recreation, stated that this public hearing was to receive public comments on the proposed conversion of 13.06 acres out of South Lakes Park for the propose of developing a new middle school at that location. State law required that prior to the conveyance of land, the City Council must determine that there was no feasible or prudent alternative for the use or taking of that park land and that all reasonable planning had been exercised to minimize harm to the park. That determination would take place after this public hearing. It was the intention after the public hearing to bring an ordinance and other documents to Council on November 19th for consideration. Also in accordance with State law the public hearing was advertised in the Denton Record-Chronicle on four consecutive Sundays. Should the Council approve the conversion of this 13 acre site, the DISD planned to construct a new middle school with parking and roads as required, tennis courts and various landscaping improvements. The DISD would also construct recreational improvements on what would remain as park land. Those facilities would be available for City progra~ing and general public use after school hours and on weekends and holidays. Another requirement of State law was that the City receive land of equal value in exchange for the land to be converted. The DISD was proposing to acquire and convey to the City a 5.105 acre tract of property located at Evers Parkway and Windsor Drive. Advantages of this proposal were that the DISD 184 City of Denton City Council Minutes November 5, 1996 Page 3 would have a new middle school in a location in which it was needed, no park facilities would be disturbed with the building of the middle school, and the five acre tract the City would receive would be developed with two new ball fields which were called for in the existing CIP. He felt the exchange worked well for both taxing entities. The Mayor opened the public hearing. Doug Chadwick stated that the Park Board was developing a strategic plan which would be presented to Council at a future date. The Park and Recreation Mission Statement was to enrich the lives of all Denton citizens through environmental enhancements and a diverse offering of recreational, educational and cultural services. When this item was first presented to the Board in 1995 there were many questions dealing with drainage, access, utilities, security and programming. There were two public meetings regarding this issue and he felt that the Board had dealt with most of the issues raised in the public meetings. He felt that the proposal was a win-win situation for both the DISD and City. The Board was comfortable with the value of the properties involved in the exchange and comfortable with the program aspects which would be enhanced with this arrangement. The Parks and Recreation Board endorsed and recommended the Council's consideration of this proposal. Dr. Albert Thomas, Superintendent - DISD, stated that they were excited about the growth possibility of the City and the continued cooperation between the City and the DISD and with the two universities. Both entities were involved in the design of the facility. He too felt it was a win-win situation for the DISD and for the City. He thanked the City for the cooperative effort between the City and the DISD on the issue Rick Woolfolk stated that the location selected was favorable to the population growth on the District. Safety was a concern of the DISD. The intersection of Teasley Lane and 1-35 was a better intersection than Lillian Miller and 1-35. This process would speed up the CIP process of the City and would provide new ball fields in thc City. He encouraged the Council to support the project. The Mayor closed the public hearing. He stated that Council would take action on this item on November 19, 1996. D. The Council held a public hearing and considered adoption of an amendment to Section 34-115 of the Code of Ordinances relating to access to arterial and collector streets for single family and two family lots and adoption of appendices A-8 and A-9 relating to circular driveways. (The Planning and Zoning Commission recommended approval 6-1.) City of Denton City Council Minutes November 5, 1996 Page 4 185 Rick Svehla, Deputy City Manager, stated that this was a proposed amendment to the City's subdivision rules and regulations and as such a public hearing must be held before the changes were adopted. The Planning and Zoning Commission's recommendation allowed for circular driveways for single and two family residences located on collector or arterial streets. Those would be existing homes or platted lots. The amendment was the result of a request from an existing lot on an arterial street. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Council Member Cott asked why the amendment addressed only old plats rather than all plats. Svehla stated that new developments were generally on arterial or collector streets and were platted so as to not have access or access which met certain criteria. This amendment dealt with old plats and already developed lots. There were certain specific spacing requirements on arterials and collectors between driveways. This would allow that to be altered to allow for a forward kind of movement for access. The following ordinance was considered: 96-241 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE III ENTITLED "REQUIRED IMPROVEMENTS AND GENERAL DESIGN STANDARDS" OF THE SUBDIVISIONAND LAND DEVELOPMENT CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION 34-115 RELATING TO ACCESS TO ARTERIAL AND COLLECTOR STREETS; BY ADOPTING APPENDIX A-8 AND APPENDIX A-9 RELATING TO CIRCULAR DRIVES ON SINGLE AND TWO-FAMILY LOTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED~$500.00 (FIVE HUNDRED DOLLARS) FOR A VIOLATION OF THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried with a 6-1 vote. C. The Council held a public hearing and considered adoption of an ordinance to rezone 3.753 acres to a Commercial Conditioned 186 City of Denton City Council Minutes November 5, 1996 Page 5 (C[c]) zoning district. The subject property was located southeast of Lindsey Street, adjacent to the south side of 1-35E. (The Planning and Zoning Commission recommended approval 5-0.) Frank Robbins, Director for Planning and Development, stated that this was a rezoning as a consequence of a settlement among three parties; the City, the neighborhood and the landowners. The conditions were from the agreement. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-242 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE TO THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.753 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF 1-35E, APPROXIMATELY 350 FEET SOUTHEAST FROM ITS INTERSECTION WITH LINDSEY STREET, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Biles seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending the detailed plan for Planned Development 149. The subject property was located on the northeast corner of Frame and Uland Streets. (The Planning and Zoning Commission recommended approval 5-1.) Frank Robbins, Director of Planning and Development, stated that this was an amendment to an existing Planned Development. There would be the ~ame number of unit~ and ~ame ~quare footage as the previously planned development but the location had been moved. The Mayor opened the public hearing. No one spoke in favor. City of Denton City Council Minutes November 5, 1996 Page 6 187 No one spoke in opposition. The Mayor closed the public hearing. The following ordinance w~s considered: NO. 96-243 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN OF LOT 1, BLOCK A, JOHN C. JOHNSON ADDITION NO. 2, A 1.419 ACRE TRACT LOCATED ON THE NORTHEAST CORNER OF FRAME STREET AND ULAND STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Krueger seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance to rezone 42.815 acres from the Light Industrial (LI) and Agricultural (A) zoning districts to the Multi-Family 1 (MF-1) zoning district. The subject property was located between Spencer and Loop 288, approximately 300 feet east of Colorado. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director of Planning and Development, stated that the applicant had amended the petition to add conditions to the proposal. There were two reply forms returned in opposition. The total area within 200 feet in opposition was 31.85% which required a super majority of the Council for approval. The conditions proposed by the applicant included a 200 foot setback from the power lines and a condition that there would be no more than 208 units built in the total area of the property. That was probably the lowest density of multi-family dwellings in Denton. According to the Denton Development Plan, the property was in a special purpose area with no intensity allocation. The plan encouraged multifamily development in a special purpose area. The Planning and Zoning Commission recommended approval. Council Member Krueger asked if the ingress/egress for the property was only from Spencer. Robbins replied correct. Council Member Krueger asked about a traffic impact analysis. Robbins replied that one was not required due to the low density of the proposal. 188 City of Denton City Council Minutes November 5, 1996 Page 7 The Mayor opened the public hearing. Marvin Myers stated that he was the developer of the site. He had been in the housing development business for many years with a fine reco~d of developments. He had an excellent relationship with every community he had built in and tried to be the same in Denton. He felt that the density of the development would make it very attractive for the residents of Denton. He developed, built and managed his developments. Carol Ann Ganzer indicated support for the project through a speaker card. Woodrow Graham stated that he was in opposition for the rezoning of the property due to the location of the property. Me questioned placing hundreds of families in this location which was in the middle of light industrial zoning and next to the City's power plant. Spencer Road was the only access to the proposal and there were many problems with Spencer Road. High tension wires would be in the front yard of this development. The property needed to be light industrial and not family. He owned 42 acres next to this property. He bought his property to be next to a light industrial area and not a residential area. There were many other places more suitable for this development. Council Member Cott asked if Graham had property near the proposal. Graham replied yes that he owned the Denton Golf Center. He felt the area was not a safe environment for children with a power plant near by and with the golf center in the area. Barbara Adkins stated that she was in opposition to the rezoning due to the addition of traffic to the area. The road was narrow with no sidewalks for children to walk to school. She was in favor of this type of housing but not in this location. There were other locations which would be safer and securer for families. N. Alex Beckley stated that he lived in Dallas but was part of the family living on Spencer Road and was concerned about what developed in the area. The traffic going on Spencer and Loop 288 would be a tremendous burden and capital expenditures would be excessive. There were no areas for walking on Spencer Road. Spencer Road was considered a country road and cars travelled like that on that road. He understood that there would be many three bedroom apartments in the proposal. Spencer Road was a difficult road to travel on. Council Member Cott asked if Mr. Beckley own property in the area. Beckley replied that he owned part of the neighboring property along with his daughter and son. City of Denton City Council Minutes November 5, 1996 Page 8 189 Mr. Myers was allowed a five minute rebuttal. He felt that if the property were developed as it was currently zoned, it would create more of a traffic problem than the proposal. He had met with City staff early in process and with the Planning and Zoning Commission and each time it was suggested that when he went through the plat process, there would be a possibility of his having to contribute to the widening of Spencer Road and to pay with others for a stop light at Spencer and Loop 288. He could understand the objections to the proposal. Ne went out of his way to meet with the owner of the golf course who had suggested three objections to the development. One was that the golf course was a land holding for future development and he did not want to spend a lot of money. If Myers developed the site, Graham would have to contribute to a drainage correction. Second was the possibility of Graham's having to share in the widening of Spencer Road. The third was that Graham's lights would shine on the apartments which would be a problem. Myers had gone out of his way to satisfy those objections. Ne had indicated to Graham that he would work with him on the widening of Spencer and would assume most of the cost. He would also move some of the units away from the golf course's lights. Robert Johnson with Myers Development stated that apartments on Colorado Courts and existing single family homes on Colorado and San Jacinto were closer to the power plant than the proposed apartment units would be. The Mayor closed the public hearing. Council Member Beasley stated that there were two ordinances in the backup materials. Staff was recommending the one with conditions. Robbins replied correct. The following ordinance was considered: NO. 96-244 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE LIGHT INDUSTRIAL (LI) AND AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO THE MULTI-FAMILY 1 CONDITIONED (MF-1 [c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 42.815 ACRES OF LAND LOCATED BETWEEN SPENCER ROAD AND LOOP 288, EAST OF THE RAILROAD TRACKS; PROVIDING FOR A~PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned to adopt the ordinance as it was less intense than the current zoning. Something would have to be done with Spencer Road no matter what was built on the property. There was a concern 190 City of Denton City Council Minutes November 5, 1996 Page 9 on how children in the area would be able to get to school. She did feel that it was an appropriate use of the property. Krueger seconded the motion. On roll vote, Beasley "aye", Brock "aye", Cott "aye" , Krueger "aye" , Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 5. Consent Agenda Biles motioned, Brock seconded to approve the Consent Agenda and the Consent Agenda Ordinances. On roll vote, Beasley "aye", Brock "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. A. Bids and Purchase Orders: e Bid $1952 - Distribution Transformers Bid #1889 - Ambulance Bid #1943 - City-County Day Nursery Renovation Project P.O. ~70307 - IBM P.O. #70308 - Ameritech Library Services P.O. #70826 - IBM Kitchen Be Check Requisitions 1. American Public Power Association 2. Upper Trinity Regional Water District Contracts Se 2. 3. 4. Denton Black Chamber of Commerce Denton Festival Foundation Denton Historic Landmark Commission Denton Amphitheater Association Consent Agenda Ordinances A. NO. 96-245 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - Bid #1952) NO. 96-246 AN ORDINANCE AMENDING ORDINANCE NO. 96-120 RELATING TO THE AWARD OF BID NUMBER 1889 FOR THE PURCHASE OF AN AMBULANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.2. - Bid ~1889) City of Denton City Council Minutes November 5, 1996 Page 10 191 C. NO. 96-247 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.3. - Bid #1943) D. NO. 96-248 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BY THE STATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.4. - P.O. $70307, 5.A.6. - P.O. #70826) E. NO. 96-249 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (5.A.5. - P.O. #70308) F. NO. 96-250 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ANNUAL DUES TO THE AMERICAN PUBLIC POWER ASSOCIATION (APPA); AND PROVIDING AN EFFECTIVE DATE. (5.B.1.) G. NO. 96-251 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ADMINISTRATIVE FEES AND PARTICIPATION TO THE UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD); AND PROVIDING AN EFFECTIVE DATE. (5.B.2.) Consent Agenda Resolutions A. NO. R96-064 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON BLACK CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (5.C.1.) B. NO. R96-065 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON FESTIVAL FOUNDATION FOR HOTEL OCCUPANCY TAX FUNDS, 192 City of Denton City Council Minutes November 5, 1996 Page 11 PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (5.C.2.) C. NO. R96-066 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON HISTORIC LANDMARK COMMISSION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (5.C.3.) D. NO. R96-067 · A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON COUNTY AMPHITHEATRE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (5.C.4.) SA. The Council received a report regarding recommendations from the Sales Tax Task Force. Bill Utter, Chair-Sales Tax Task Force, stated that the Task Force met for six weeks to discuss the proposal. There were 32 individuals on the Task Force with an average of 22 individuals attending per meeting. On October 21st there were 29 members present at the meeting. The first question was how much of a sales tax to recommend to the City Council. On the proposal of ½ cent, 28 members were for the proposal with one in opposition. The second question was whether to have a 4A or 4B corporation with 15 in favor of 4A and 12 in favor of 4B. On the question of whether to have a combination 4A/4B, there was one vote in favor, one abstention and twenty seven no votes. The Task Force's recommendation to Council was to hold an election on January 18th for a ½ cent designated for 4A. BB. The Council received a report regarding a minority report from the Sales Tax Task Force. Neil Durrance stated that the minority report was prompted by several factors. The report was based on the fact that the Committee did not reach a con~en~u~ on the type of tax to offer and the amount of tax for either a 4A or 4B. It was the minority's report recommendation that the City would be ill-advised at this time to present a 4A 1/2 cent sales tax. It was felt that the options had not fully been discussed with regard to the amount of tax and the differences between 4A and 4B. The minority report included four areas for further recommendation, consideration and study. There should not be a tax without accountability, there should not be a tax without further consideration of safeguards and protection, there should not be a further tax without protection of the public good by proper controls on an economic development corporation and that the tax should be studied further for possible City of Denton City Council Minutes November 5, 1996 Page 12 193 regressivity. The minority report recommended that this matter should be taken under advisement and clarity of approach should be received prior to presentation to the public. It was felt that it was a public duty that a clarity of approach with predictable results should be achieved and the basis of economic growth should be based on a tax which could be seen as predictable with predictable results and accountable through the City government and its elected officials. Bill Utter stated that he was surprised that the minority report indicated that there was no consensus on the issue. In the final analysis there were 23 votes for the recommendation and 6 against the recommendation. He felt that that was a consensus. $C. The Council held a discussion and gave staff direction related to the Sales Tax Task Force reports. Bill Patterson felt that the sales tax election and the need to call the sales tax election for the4A sales tax was primarily due to the need to look at jobs and job creation in Denton. Research done for the Denton Record-Chronicle by an outside firm indicated that only 39.4% of residents in Denton worked in Denton. There was a need to take that into consideration. He also believed that a consensus was formed and all were in favor of the sales tax. He also had a concern with the low number of people who grew up in Denton and then returned to Denton to work. A well directed and funded economic development program would lead to enhanced quality of life and a better chance to have more successful projects. More corporations meant more corporate employees and more corporate giving. There was some concern expressed about the funding. Of the $3.6 million budget, $1.8 million would be for infrastructure needs. Priscilla Sanders stated that she supported economic development and that it would be good for Denton. She questioned where Denton would be without corporate neighbors such as the Campus Theater and the United Way. She supported 4A as it was the purest form of economic development. Fifty percent of the shoppers in Denton were from outside Denton and were the ones paying the sales tax. She asked the Cuuncil to make a decision which would be best for Denton. Don White stated that he served on the task force studying this issue. The minority report expressed concern about studying this issue more. The Vision group studied the issue, the Chamber studied the issue, the EDTC studied the issue and the task force studied the issue. The issue did not need to be studied more for a conclusion. 4A was what was needed for Denton. For a quality business to come to Denton and for a better Denton, he asked the Council to support the majority task force and their recommendation for a 4A. 194 City of Denton City Council Minutes November 5, 1996 Page 13 Bill Giese stated that he was one in the minority on the task force. He felt the citizens of Denton should have an opportunity to vote on a sales tax for economic development. Most members of the task force were in favor of some level of public spending for economic development. The unresolved question was whether section 4A or 4B should be the authorization statute. Scott Joslove from the Attorney General's Office stated that infrastructure improvements could not be financed from 4A money unless it related to specific economic development projects. 4B funds could be used for general infrastructure needs such as arterial streets and related improvements. Denton's streets were inadequate for expected growth. If 4B funds were not available, improvements would have to be financed through property taxes. 4A funds could be used for economic development projects and related activities. The Council must approve the budget and projects but the economic development activities must be directly related to economic development. 4A funds could not be diverted to other public needs. If 4B were used, other projects not directly related to economic development were allowed. A 4A ballot proposition was dictated by State statutes. A 4B ballot proposition could be tailored to Denton's needs. Salty Rochelle stated that he was asked to serve on the sales task force but declined due to business restraints. It was recommended that the sales tax task force investigate other cities, both pro and con, regarding the sales tax. He felt these efforts were made and achieved to balance goals. It was suggested that the task force work from ground zero regarding understanding the issue. He understood that ground zero was never reached. The pros and cons discussed were never committed to, long and short term ramifications were not allowed to flow, committee bonding was not attempted or achieved and constructive dissention was not tolerated. Fred Gossett stated that he was ready to start on a 4A sales tax to support economic development. The Denton Chamber of Commerce unanimously approved a formal resolution which confirmed public support of the 4A sales tax. Elinor Hugh£J stated that the Leagu~ of Women Voters undertook a study of the sales tax. The League supported economic development and the expenditure of tax dollars on economic development. Many of the activities the City was already involved in such as marketing, promotion and cooperative efforts with the Chamber; technical support and specific promotional efforts; development and maintenance of City owned infrastructure suitable for the effective conduct of business such as adequate water and energy. A balanced program of municipal services provided by City government which made Denton a community with an attractive quality of life such as public safety, cultural and recreational activities, etc. was recommended. Finally, judicious and limited use of tax City of Denton City Council Minutes November 5, 1996 Page 14 195 incentives which were already in place for business and industry such as tax abatements and enterprise zones. The second half of the League's consensus was in opposition to the proposed half cent sales tax for economic development. Some reasons for opposition included the proposed half cent sales tax would be designated only for economic development and could not be allocated to other areas of municipal services which had a higher priority in any given year. Adding an additional half cent sales tax for economic development at this time would bring Denton's municipal sales tax to the maximum allowed by State law meaning that Denton would not be eligible to increase sales tax to fund other options such as transportation or crime prevention. A separate economic development corporation to spend sales tax revenue removed control of public money one step further away from public sight and control. The sales tax was a regressive tax which would tax low income individuals at a higher rate than wealthy ones individuals. The half cent sales tax increase was an extremely large increase amounting to a 33% increase in sales tax collected and a 16.7% increase in overall municipal taxes collected when property and sales taxes were added together. Janice Parks stated that she had found great opportunities in Denton. If there were jobs in Denton, there would be people in Denton. Jobs were needed in Denton. She was a low income bracket individual who could benefit from jobs in Denton. She was in favor of a 4A % cent sales tax. Under 4A, there would be money for projects for streets and drainage which would help her neighbors in southeast Denton. This tax would enhance the pre-existing jobs in Denton. Joe Dodd felt that the committee failed the mission it was to do. They were suppose to, in large numbers, support the sales tax, bond together and raise the money and run the campaign to get the tax passed. However, it was a 50-50 split and there was no great committee to get the work done as the Council wanted. He felt this was already a dead issue as anyone against new taxes would not like this tax. Anyone against the ability of the committee to sell $80 million in bonds without voter approval, would not like this program. Some people in Denton were simply against any growth in Denton. The people in favor of a 4B and against 4A would not be supporters. The people who were for a 4A but not this economic development corporation to be in charge would be against the issue. There were also those individuals who were for growth but who were against the way some of this issue was handled. Council Member Cott stated that there were plenty of people in plenty of numbers who were for growth. Dodd replied that being for growth or for the election were not the same things. 196 City of Denton City Council Minutes November 5, 1996 Page 15 John Baines stated that one's experience and history would determine his position on the sales tax issue. He was in favor of 4A. The issue for him with 4A was opportunity and the opportunity to bring in good jobs for Denton. He felt fortunate he was able to work and learn good work ethics. Many children these days were not able to get good jobs. 4A was a beginning for attracting good jobs and 4A was an opportunity for good corporate citizenship and an opportunity to make the City of Denton even better. Warren Searls stated that he was in favor of 4A in order to make Denton even greater. He was pleased to serve on the sales tax task force. If there were disturbing moments during the proceedings of the task force, they were expressions of distrust for the City Council and for some of the Council's appointees. He was disturbed about the attacks on the members of the committee. The Council had the right to amend the Economic Development Corporation's Articles of Incorporation to replace any member at will and had budget approval and oversight. Ne asked the Council to trust themselves to express in public their position on this issue. Tony Clark stated that he was in support of the 4A sales tax. One reason for the citizens to support this tax was the fact that Denton relied heavily on the property tax for its tax base. The 4A tax would allow Denton to compete with neighboring cities for quality jobs and help redistribute the existing tax base. Bill Utter stated that as Chair of the task force, he did his best for the city. There was nothing brought out in this meeting in opposition that was not discussed during their meetings. The minority opinion asked Council to disregard the committee's report and study and consider 4B. Mayor Miller stated that Items $C and 9A would be discussed together. Mayor Pro Tem Brock stated that she had remarks which were directed very strongly toward the Economic Development Corporation Board and noted that no member of the Board was present at the Council meeting. She thanked the task force and EDC Board for the number of hours given to this issue. She would vote for an election on January 18th on the ½ cent sales tax under 4A. There appeared to be loud support for that issue and she wanted the citizens of Denton to make the decision. She did have some reservations and concerns regarding the issue. She was sorry that the recommendation was just for 4A as there were many problems with that. It could not deal with drainage problems and streets as it would not directly be for economic development. The reports the Council received were well done but still there were many questions. There were two questions in the majority report she wanted to address. One was the need for the expanded tax base and other was the need for jobs. Richard Hayes spoke of the 197 City of Denton City Council Minutes November 5, 1996 Page 16 disappropriate ratio of commercial to residential tax base. That ratio, at times, was distorted. It could be dealt with in several ways such as a moratorium on residential building. Residential building brought in children who needed schooling. New industries brought in new people. When more people were brought in, there was more need for housing and children in school. The second issue was the need for jobs. Only a hugh city could provide a hugh variety of jobs. Denton was not just a community in which people went out to work. At Peterbilt, 82% of its employees did not live in Denton. Another issue was the fact that people came to Denton as it was a great place to live. She was hearing two themes - people wanted smaller government and lower taxes. This proposal was a hugh increase in taxes and was not smaller government but rather expanded government. There was a need to build a consensus, trust and unity in the community if that was what it wanted. There was a tendency in Denton to divide issues with "us" and "them" which was wrong. There was a need to pull together. The EDC Board went to Harlingen and Brownsville to view their programs. She suggested that the EDC Board use other expertise which was in Denton. She asked the EDC to have their board meetings video taped and televised so citizens could see who were the members. She felt it was necessary to bring the various factions of the City together for unity. Council Member academic people versa. Cott stated that relations were two ways. The needed to reach out to the community and visa The following ordinance was considered: NO. 96-252 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING A SALES AND USE TAX ELECTION TO BE HELD WITHIN THE CITY ON JANUARY 18, 1997, TO ADOPT A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AT THE RATE OF ONE-HALF OF ONE PERCENT; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF, AND OTHER PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. (As recommended by the majority of the Sales Tax Task Force.) Young motioned, Krueger seconded to accept the task force recomm%endation on the ~ c~nt ~al~ tax and to call a January 18th election classified as 4A. Council Member Beasley asked if the ballot would indicate a 4A tax. 198 City of Denton City Council Minutes November 5, 1996 Page 17 City Attorney Prouty stated no that a proposition for 4A tax was set by the State statute. The notice of election indicated 4A sales tax election. Council Member Beasley stated that she would vote for this proposal as it would be a benefit for Denton to vote on the issue. She hoped there would be a large voter turnout for the election. Council Member Krueger stated that the reason the EDC was not present was that the Council was not receiving a report from them. At their last report, the EDC recommended a 4A and before that the Vision Cabinet recommended 4A as did the Fantus study. It was time to let the voters decide the issue. Council Member Biles stated that this issue had many for and against on Council. It had gone through the Vision process, Fantus and many other areas of consideration. Council had an easy decision as to whether or not to trust the citizens to make a deciSion. It was not for Council to make the decision. It was the citizen's vote. He voted to send the issue to a task force as citizens were needed to concentrate on this issue. Projects for 4A and 4B were very similar. There was a need to take time to educate the public on what the issue was really about. Mayor Miller stated that there had been some comments about putting labels on individuals due to a different Point of view. He urged all to look at the issues and not make a generalization on that. There were two aspects to this issue - what was the economic development program and how would it be funded. Council approved $200,000 for the Economic Development Board for this budget year. Council indicated a willingness to fund economic development for this fiscal year. He felt there was a need to have specifics on how the money was going to be spent. He wanted to assure citizens that no tax dollars would beused in promoting the election. The City could only provide factual information regarding the sales tax election. Council Member Cott called the question. On roll vo~ a, Beasley "aye", Brock "aye", Cott "aye", "aye", Young "aye", Biles "aye" and Mayor Miller "aye". carried unanimously. Motion 9. Ordinances A. Item A was considered with Item 8C. B. The Council considered adoption of an ordinance whereby the City of Denton, Texas, and GTE Southwest Incorporated agree that, for the purpose of operating its telecommunications business, the Telephone Company shall, construct, erect, build, equip, own, City of Denton city Council Minutes November 5, 1996 Page 18 maintain and operate in, along, under, over and across, the streets, avenues, alleys, bridges, viaducts, and public grounds of the City, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for rendition of telecommunications services in said city and for conducting a general local and long-distance telephone business, prescribing the conditions governing the use of public rights-of- way for the Telephone Company's telecommunications business, prescribing the quarterly compensation due the City under this ordinance, providing the right of the City to use certain facilities of the Telephone Company; specifying governing laws; providing for assignment; prescribing the term and effective date of said agreement; providing for notice; providing for binding effect; providing that the ordinance be cumulative; providing for governmental immunity; providing for consent and acceptance; providing for severability; providing for choice of law and venue; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; providing for future contingencies, providing for repeal of conflicting ordinances; providing for release of all claims under prior ordinances; providing for alternate dispute resolution; and providing for method of acceptance. The following ordinance was considered: NO. 96-253 AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND GTE SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL, CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS, PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS, PRESCRIBING TF~ QUARTERLY COMPENSATION DUE THE CITYUNDER THIS ORDINANCE, PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING FOR NOTICE; PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE;' PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENTAND ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BYLAW; PROVIDING FOR FUTURE CONTINGENCIES, PROVIDING FOR REPEAL OF CONFLICTING 200 City of Denton City Council Minutes November 5, 1996 Page 19 ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE. Biles motioned, Young seconded to adopt the ordinance with GTE and set the access line street rental fee in Section 8A of the franchise at the amount of $1.42 per month or $17.00 per year for each residential access line and $2.00 per month or $24.00 per year for each business access line. Joe Dodd stated that Council had indicated that if it raised ad valorem taxes 6%, the would be run out of the City. That was obviously not true because when the pole fee was raised for the City electricity, it was close to a 16% ad valorem and no one was run out of town when that happened. A Council Member explained to him that collecting the 4% surcharge on top of electricity would make it easier for the City to stick it to GTE. The Council Member did not use those words, that was his interpretation. That was about raising the pole fee. GTE did not pay that, it collected that. Expanding the tax base meant getting new people to pay the taxes. This was not how to expand the tax base. Mayor Miller stated that he had spoken with Melvin Willis, General Manager - GTE, who indicated that if GTE decided to pass this along to the customers, the allocation would be as indicated in the ordinance with residential and business lines. Council Member Beasley stated that as a government, the City had to charge a franchise fee to use the City's right-of-way. W~at the utility did about passing that rate to their users was up to them and not up to the City. As a responsible City government, it was necessary to charge a consistent rate to all of the entities who used the City's right-of-way. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing ~he City Manager to execute a public transportation contract and subsequent amendments with the Texas Department of Transportation for funding public transportation. Joseph Portugal, Assistant to the City Manager, stated that approval of this ordinance would approve the contract for the next grant year with the Texas Department of Transportation. The following ordinance was considered: City of Denton City Council Minutes November 5, 1996 Page 20 NO. 96-254 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance amending Ordinance No. 82-09 to change the name of the Data Processing Advisory Board to the Information Services Advisory Board. Kathy DuBose, Executive Director for Finance, stated that the ordinance would change the name of the Data Processing Advisory Board to the Information Services Advisory Board to be more reflective of the duties of that Board. The following ordinance was considered: NO. 96-255 AN ORDINANCE AMENDING ORDINANCE NO. 82-09 TO CHANGE THE NAME OF THE DATA PROCESSING ADVISORY BOARD TO THE INFORMATION SERVICES ADVISORY BOARD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance ordering a special election to be held in the city of Denton, Texas, to fill a vacancy in Place 2, on January 18, 1997, and, if a run-off election is required, on February 15, 1997, for the purpose of electing a Council Member to Place 2 of the City Council on the City of Denton, Texas; designating voting places and appointing election officials; providing for bilingual notice of the election; providing notice of the filing deadline for a place on the special election ballot; ordering that an electronic voting system be used; and making additional provisions for the conduct thereof. The following ordinance was considered: NO. 96-256 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, TO FILL A VACANCY IN PLACE 2, ON JANUARY 18, 1997, AND, IF A RUN-OFF ELECTION IS REQUIRED, ON 2O2 City of Denton City Council Minutes November 5, 1996 Page 21 FEBRUARY 15, 1997, FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER TO PLACE 2 OF THE CITY COUNCIL ON THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; PROVIDING NOTICE OF THE FILING DEADLINE FOR A PLACE ON THE SPECIAL ELECTION BALLOT; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; AND MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance amending Ordinance No. 94-183, as amended, by amending Section 2.6 of the Council Rules of Procedure by authorizing the Consent Agenda which may contain more than one subject to be approved by one motion of the City Council; providing a savings clause; and providing for retroactive effect. The following ordinance was considered: NO. 96-257 AN ORDINANCE AMENDING ORDINANCE NO. 94-183, AS AMENDED, BY AMENDING SECTION 2.6 OF THE COUNCIL RULES OF PROCEDURE OF THE CITY COUNCIL BY AUTHORIZING THE CONSENT AGENDA TO BE APPROVED BY ONE MOTION OF THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR RETROACTIVE EFFECT; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 10. The Council received a report, held a discussion and gave staff direction regarding requests for proposal for a utilities management study as previously directed by Council. Bob Nelson, Executive Director of Utilities, stated that several months ago staff came before Council with a concept on how to accomplish a management study required by the City Charter. The agenda back-up materials contained a request for proposal for that study. The study would be divided into two basic sections. One was a general management section and the other was a comparative analysis section. The general management section would cover a review of the organization and how it was structured. Because of some competitive issues, the study would include a competitive analysis section to study each one of the business components of City of Denton City Council Minutes November 5, 1996 Page 22 the organization. There was a provision in the study that if, in the course of either the general management study or the comparative analysis study, the consultant found a particular operating unit or units which appeared to not be meeting comparable costs and if was not possible to restructure, the issue would be brought back at the May interim report and Council could expand the scope of work. In approximately five - six weeks a pre-proposal conference would be held. After selection of a firm, interim reports would be made in March, April, May and June with a final report in July of 1997. Mayor Miller asked that if a firm was conducting the management study would it be eligible to be a bidder for contracts for portions of the business. Nelson replied that if a firm was doing the study, it should be precluded from bidding on outsourcing activity. City Attorney Prouty stated that there would be a problem in that the firm doing the study would have an advantage over other bidders. Mayor Miller suggested that that condition be included in the request for proposal. City Attorney Prouty stated that that could be added to the ordinance which would preclude a successful bidder for the study could not bid on any outsourcing contracts. Council Member Biles suggested some type of limitation on that provision. Biles motioned, Brock seconded to adopt the ordinance subject to the City Attorney drafting a provision on a three year limitation on outsourcing. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 11. The Council received a report, held a discussion and gave staff direction regarding the Dentom Hispanic Chamber of Commerce's request to have their hotel occupancy tax funding allocation reconsidered. A. The Council considered approval of a resolution approving the fiscal year 1997 budget of the Hispanic Chamber of Commerce for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code. Tomasa Garcia requested reconsideration of this item. She requested the Council reconsider its decision of providing the Hispanic Chamber of Commerce $1,000 and not the equal amount which 2O4 City of Denton City Council Minutes November 5, 1996 Page 23 was provided the Black Chamber of Commerce which was $5,000. The Hispanic Chamber was requesting equal funding. The response the Hispanic Chamber received from city Manager Benavides to their request for an explanation was that they were not present at the City Council meeting. She felt this was a communication problem. Had the Hispanic Chamber known of the urgency that their presence would be contingent on receiving equal funding, they would have attended the meeting. The Hispanic Chamber of Commerce was working hard since its organization in February. The Hispanic Chamber attended area meetings to determine how to set up a chamber. The Hispanic Chamber was requesting funding equal to the Black Chamber of Commerce. The Council needed to be willing to communicate with the Hispanic Chamber of Commerce. Council Member Cott asked for the number of members in the Hispanic Chamber. Garcia replied the Chamber had 39 members. Council Member Young asked what kinds of projects were anticipated by the Hispanic Chamber. Garcia replied that their major event was the recent rodeo. The members would be attending quarterly meetings throughout the State of other Hispanic Chambers of Commerce, holding a city-wide Hispanic Christmas party, attending the State conference, attending the national conference, and participating in the bilingual Denton County job fair. Mayor Pro Tem Brock asked how much money the Hispanic Chamber received last year. Garcia replied that they did not receive any funds last year. Mayor Pro Tem Brock stated that the Hispanic Chamber did have an opportunity to apply last year. Garcia replied that they had three days notice last year to do the proposal. Council Member Biles stated that he did not perceive this as a language barrier or a Communication problem but rather a lack of familiarity of a complicated process. Each year the Council received a large number of requests for funds and each year many organizations did not receive funding. One criteria the Council wa~ looking for in the organizations was continued growth. The City budget was adopted in October and there were certain laws which did not allow the changing of the budget. If the Council rearranged items in the budget, it might then be accused of favoritism from those organizations which did not receive funds. City of Denton City Council Minutes November 5, 1996 Page 24 Garcia stated that last year the Hispanic Chamber of Commerce was established in February. Shortly after that the Black Chamber was established. The Black Chamber applied for funding the first time last year and received $5,000. Council Member Biles stated that Council's hands were tied and was not able to change the budget due to State law. Garcia stated that she had received calls on why the Black Chamber received $5,000 and the Hispanic Chamber only received $1,000. Instead of dividing the community, the Council should be uniting them with similar amounts of money. Council Member Beasley stated that she had reviewed the Hispanic Chamber's application and questionnaire. Many things which Garcia mentioned at this meeting as projects for the Hispanic chamber were not included in the questionnaire. She based her decision on what would bring guests to Denton. The Hispanic Chamber's application mentioned only quarterly meetings. The Black Chamber of Commerce presented projects such as the Black Music and Art Ethnic Festival. That was what she based her vote on. City Manager Benavides stated that the application and the items mentioned at this meeting involved attending conferences which were indirect projects. The Hispanic Chamber needed to concentrate on projects which would generate tourism in Denton. Last year the Hispanic Chamber was not ready to submit an application and this year they did and received $1,000. The City needed to provide more technical support to emerging organizations to help them better tailor their applications. He recommended that Council leave the funding as outlined in the budget. Council Member Cott felt that there was no comparison between the Black and Hispanic Chamber of Commerce. Just because they were ethnic groups did not mean that they had some comparability. Garcia indicated that she was stating that the Black Chamber was a minority Chamber as they were. The Hispanic Chamber's goals were similar to the Black Chamber's goals and funding should be the same. Mayor Miller stated that the City's funding was not to support a Chamber of Commerce. The funding was to promote tourism. It was not appropriate to reopen the budget at this point in time. The following resolution was considered: NO. R96-068 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON HISPANIC CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND 2O6 City of Denton City Council Minutes November 5, 1996 Page 25 PROVIDING AN EFFECTIVE DATE. Brock motioned, Biles seconded to not change the funding and approve the resolution as presented. Staff would work with the organizations for the next budget year to them help through the process. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 12. The Council considered approval of an annexation schedule with regard to the proposed annexation of 11.40 acres located south of Robinson Road and east of Nowlin Road. (A-74) Young motioned, Beasley seconded to approve the schedule. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 13. Consider nominations/appointments to City's Boards and Commissions. Alan Nelson was nominated by Mayor Pro Tem Brock at a previous meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. Mayor Miller nominated Wylie Cunagin to the Plumbing and Mechanical Code Board. Council Member Beasley nominated Henry Rife to the Building Code Board. Council Member Young nominated Fran Morgan to the Library Board. 14. Miscellaneous matters from the City Manager. City Manager Benavides stated that two of Denton's submissions to the Texas Downtown Association Awards were finalists. The City would be receiving a second place award for Keep America Beautiful award. 15. There was no official action taken on Closed Meeting Items. 16. New Business There were no it=m~ of New Business suggested by Council Members for future agendas. 17. The Council did not continue the Closed Meeting from the earlier session. ,' · 207 city of Denton City Council Minutes November 5, 1996 Page 26 With no further business, the meeting was adjourned at 11:15 p.m. N~P~R WALTERS Y SECRETARY CITY OF DENTON, TEXAS ACC0034D CITY OF DENTON, TEXAS