Loading...
Minutes August 19, 1997CITY OF DENTON CITY COUNCIL MINUTES August 19, 1997 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, August 19, 1997 at 5:45 p.m. in the Police Conference Room of the Denton Municipal Complex. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Durrance and Young. ABSENT: None 1. Closed Meeting: A. Consultation with Attorney -- Under TEX. GOV'T CODE Sec. 551.071 Discussed with City's attorneys and considered mediation, settlement, and strategy in the claim of Constance Tetreault, indMdually and on behalf of the estate of Michelle Jimeno and as next friend of I-Iillary Isenhower, Ashley Hesbacker and Tyler Shaeffer, minor children, against the City of Denton, alleging wrongful death in the drowning ofMichelle Jimeno. Conference with Employees -- Under TEX. GOV'T CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, August 19, 1997 at 7:00 p.m. in the Central Jury Room of the Denton Municipal Complex. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Durrance and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of May 27, May 30/31 and June 3, 1997. Beasley motioned, Young seconded to approve the minutes as presented. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. CITIZEN REPORTg 3. The Council received a citizen report from Nell Lights regarding a problem receiving utility services at 509A Maddox Street. Ms. Lights was not present at the meeting. City of Denton City Council Minutes August 19, 1997 Page 2 4. The Council received a citizen report from Dessie Goodson regarding SPAN and Denton's public transit. Ms. Goodson stated that she did not know how SPAN and Denton's public transit still received funds for transportation. There were no riders on the system. She had received facts from the City Attorney regarding her two suits against the City. That information stated that public transit was not a legal entity but rather was a division of the City of Denton. She stated that the City was responsible for the transit system. If the City was not responsible, it should not be receiving funds from the federal government. The ridership had dropped and she wondered how the City explained that to the federal government and the State and how the City could still receive funds. A municipal corporation was liable under the federal courts when the system was not being mn properly and the ridership was down. 5. The Council received a citizen report from Joe Dodd regarding the "state of the real City". Mr. Dodd stated that he felt that the rules on cable access would happen and he could use his own show and not the Council's. The City was talking about fiber optics again. No one was in support of the City getting in the business of fiber optics. He spoke about the problem an individual was having with sewer problems which were outside the City limits but whose children went to the Denton school district. He spoke about Dessie Goodson and the problem she was having with Denton utilities. He was positive that her human rights had been violated. No man treated a woman that way. 6. The Council received a citizen report from Ross Melton regarding concrete sidewalks, Central Fire Station's floor, and the Melton vs. Denton lawsuits. Mr. Melton did not think sidewalks were needed west of 1-35 and he was sorry there was money in the budget that was wasted on the floor of the Central Fire Station. He felt the building was serviceable for decades in the future. His lawsuits were about to be dismissed. There was no trial and that was shameful. A dismissal with prejudice was illegal. He felt that he would help others on how to legally fight the City. The Council was not taken back when told there was something illegal happening in the City. He felt that the Council was partly corrupted and lawyers and judges were totally corrupt. NO[qE EX~CEPTION~q 7. The Council considered approval of a noise exception for Cowboys for Codi, Inc. Memorial Rodeo for September 5th until 12:00 midnight, September 6th until 1:00 a.m., and September 7th from 2:00 p.m. - 10:00 p.m. Veronica Rolen, Administrative Assistant, stated that the request was for an exception for Cowboys for Codi. The times for the exception were listed in the agenda. Young motioned, Brock seconded to approve the exception. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 8. The Council considered approval of a noise exception for the pouting of concrete at the Carroll McMath Middle School, 1900 Jason Drive, on several dates during August and September 1997 beginning at 3:00 a.m. City of Denton City Council Minutes August 19, 1997 Page 3 Veronica Rolen, Administrative Assistant, stated that in May the Council granted an exception to Lewis Construction for the purpose of pouring concrete beginning at 5:00 a.m. for 10 occasions. This request was to amend that exception to allow pouring to begin at 3:00 a.m. because the concrete company was not able to deliver the concrete in a timely manner during the heat of the day. Council Member Beasley stated that none of the 5 zOO a.m. pours had been used. Rolen stated that none of the 5 zOO a.m. pours had been used as the construction company was not able to get concrete at that time. There were a number of other projects going on and by the time the trucks arrived at the site, it was already 6:00 a.m. Council Member Beasley stated because the company was not able to get the concrete, they were having to pour later and were experiencing problems with the final product. Beasley motioned, Brock seconded to deny the exception. Council Member Beasley felt it was too early for the neighbors. Council Member Young stated that he would vote against the motion. When pouring something of this size, an early start was needed because if it were too hot, the concrete would setup too quickly. There was a need to make sure the quality of concrete was safe as there might be problems later. It was necessary to pour in whole sections rather than in smaller sections to keep it stronger. The apartments were not very close to the pour and would not disturb the neighbors. Mayor Pro Tem Brock stated that she seconded the motion as she was concerned about those individuals in the apartments as there were many children in that area. The company already had a 5:00 a.m. time. The nearby residents deserved more consideration. Council Member Kristoferson stated that she would vote against the motion as there already had been problems with previous pours. The immediate area was a strip business location. Council Member Cochran asked if the 3 zOO a.m. starting time would give the company some breathing room. David Isabel stated that it was generally considered that it was best to pour the concrete before the temperature was above 80 degrees. Over that temperature, there was a possible problem with cracks. Trying to pour large volumes of concrete took four to five hours to pour out. Council Member Durrance asked about considering an evening pour instead of so early in the morning. Isabel stated that they would like to do that but that the concrete companies would not deliver at that time. The plants were up and going and the companies would not work later in the day. The ground and decks needed to cool down before pouring. Mayor Miller stated that if the contractor could not get the concrete at 5z00 a.m., what assurances were there that they could get it at 3 zOO a.m. Isabel stated that the problem was that the concrete company began pouring at 3:00 a.m. for other contractors and this project had to wait until the other pour was done before receiving the concrete. It City of Denton City Council Minutes August 19, 1997 Page 4 was a common practice to start so early. Mayor Miller asked about the noise factors for the neighborhood. Isabel stated that the noise for pouring was a minimal factor for construction. There was no banging or loud types of noises. Three factors included where the concrete trucks were coming in and out of the project, a pump truck was gathering the concrete and this was not a very loud truck, and people talking. Council Member Young stated that another factor was that pouring concrete gave off heat so it was a health factor for people working the concrete to pour earlier. Council Member Beasley asked why bother to have an ordinance if the Council was going to grant all of these exceptions. She wanted a sound school and to have it open on time but was not in favor of such an early pour time. The trucks would be going past the apartments. She would not vote in favor of the exception as it would be opening the door for more and more requests. The weather was getting cooler and this exception was not needed. Council Member Cochran stated that he would be voting against the motion because in this case the greater community good would result in a small inconvenience for a small amount of people. He believed in the noise ordinance but in this case there was a need for an exception. Mayor Miller asked if the noise would be monitored in order to keep the level down. Isabel replied absolutely. Mayor Miller stated that in this case, a public purpose was valid for granting the exception. On roll vote, Beasley "aye", Kristoferson "nay", Cochran "nay", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "nay". Motion failed with a 3-4 vote. Young motioned, Kristoferson seconded to approve the exception. On roll vote, Beasley "nay", Kristoferson "aye", Cochran "aye", Durrance "nay", Young "aye", Brock "nay", and Mayor Miller "aye". Motion carried with a 4-3 vote. CON~qENT AGENDA Young motioned, Kristoferson seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. NO. 97-224 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS City of Demon City Council Minutes August 19, 1997 Page 5 THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2061 - Miscellaneous Collection Services) 10. NO. 97-225 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. (Bid #2068 - Spencer Unit Three Generator Retaining Ring Replacement) 11 NO. 97-226 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. (Bid #2079 - Fire Safe House Trailer/Education Trailer) 12. NO. 97-227 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTiLITiES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (P.O. #76728 - Texas Utilities, P.O. #76729 - Texas-New Mexico Power, P.O. #76730 -Southwestern Electric, P.O. #76731 - City of College Station, P.O. #76732 - Texas Municipal Power Association, P.O. #76733 -Brazos Electric, P.O. #76734 - South Texas Electric Co-op, P.O. #76735 - Medina Electric Co-op, P.O. #76736 - Lower Colorado River Authority, P.O. #76737 - Houston Lighting & Power, P.O. #76738 - West Texas Utilities, P.O. #76739 - Magic Valley Electric Co-op, P.O. #76740 - Central Power & Light, P.O. #76741 - City Public Service, P.O. #76742 - City of Austin Electric Utility) 13. NO. 97-228 14. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENT BY THE CITY OF DENTON FOR DEBT SERVICE PAYMENT FOR SEMI-ANNUAL BILLING TO UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE DATE. NO. 97-229 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE DENCO 9-1-1 DISTRICT RELATING TO PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS WHICH City of Denton City Council Minutes August 19, 1997 Page 6 PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERViCES; AND DECLARING AN EFFECTIVE DATE. 15. NO. 97-230 AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN 1N THE DEDICATION INSTRUMENT EXECUTED BY SAS & ASSOCIATES, INC., ATTACHED HERETO, FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE. 16. NO. 97-231 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACTS AND CHANGE ORDERS NOT TO EXCEED A CERTA1N AMOUNT; AUTHORIZING THE CITY MANAGER, THE CITY ATTORNEY, AND THE RISK MANAGER TO SETTLE CLAIMS NOT TO EXCEED A CERTA1N AMOUNT; AND PROVIDING AN EFFECTIVE DATE. 17. NO. 97-232 AN ORDINANCE ABANDONING AND VACATING A RIGHT-OF-WAY EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION L1NES IN THE ViCINITY OF THE SOUTHEAST CORNER OF THE INTERSECTION OF F.M. 2181 (TEASLEY LANE) AND OLD ALTON ROAD, AS IT PERTA1NS TO LOT 1, BLOCK 1, SKYFAB ADDITION, IN THE CITY OF DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. 18. NO. R97-035 A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 16, 1997; AND PROVIDING FOR AN EFFECTIVE DATE. 19. NO. R97-036 A RESOLUTION AMENDING RESOLUTION NO. 4866 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVED NOVEMBER 18, 1980 PERTAINING TO THE FUNDING OF THE CITY WAREHOUSE AND SERViCE CENTER FACILITIES; APPROVING THE 1NTRAGOVERNMENTAL ALLOCATION, TRANSFER, AND PAYMENT OF CITY FUNDS BY THE CITY MANAGER IN ORDER TO ACCOMPLISH THE ACCELERATED PAYOFF OF ANNUAL LEASE FEE OBLIGATIONS OWING TO THE CITY ELECTRIC DEPARTMENT FUND; AND PROVIDING FOR AN EFFECTIVE DATE. ITEM~q FOR 1ND1VIDIIAI, CON~qlDERATION 20. The Council considered adoption of an ordinance authorizing settlement of the claim of Jeanette M. Harrison in an amount not to exceed $698.75; authorizing the City Manager to act on the City's behalf in paying the settlement, subject to the execution of a release of claim approved as to form by the City Attorney. City of Denton City Council Minutes August 19, 1997 Page 7 City Attorney Prouty stated that last year there were a number of old paving liens which were notified for payment. This property was not a homestead at the time the lien was imposed and thus the entire lien could not be cancelled. There was also no provision to cancel the interest due. The new tax attorney and law firm that the City had hired worked out a settlement with Ms. Harrison to reduce some of the interest that was due. The following ordinance was considered: NO. 97-233 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF THE CLAIM OF JEANETTE M. HARRISON IN AN AMOUNT NOT TO EXCEED $698.75; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING THE SETTLEMENT, SUBJECT TO THE EXECUTION OF A RELEASE OF CLAIM APPROVED AS TO FORM BY THE CITY ATTORNEY; AND DECLARING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 21. The Council considered adoption of an ordinance approving settlement and authorizing the City Manager to execute a Compromise Settlement Agreement in the claim of Constance Tetreault, individually and on behalf of the estate of Michelle Jimeno and as next friend of Hillary Isenhower, Ashley Hesbacker and Tyler Shaeffer, minor children, against the City of Denton, alleging wrongful death in the drowning ofMichelle Jimeno. The following ordinance was considered: NO. 97-234 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING SETTLEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN THE CLAIM OF CONSTANCE TETREAULT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF MICHELLE JEVIENO AND AS NEXT FRIEND OF HILLARY ISENHOWER, ASHLEY HESBACKER AND TYLER SHAEFFER, MINOR CHILDREN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 22. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Kristoferson had nominated Jim Kuykendall at a previous meeting to the Information City of Denton City Council Minutes August 19, 1997 Page 8 Services Advisory Board. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. Council Member Young had nominated Harry Bell to the Human Services Advisory Board at a previous meeting. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 23. Miscellaneous matters from the City Manager. The City Manager did not have any items for Council. 24. New Business The following items were suggested by Council Members for future agendas. A. Council Member Young asked about the procedure for naming the activity stage at the Fred Moore Park. Council Member Young stated that a citizen had complained that Customer Service was giving out information on his utilities to other utilities. He asked if this procedure was correct. 25. Possible Continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. 26. Official action on Closed Meeting items held under Sections 551.071 - 551.085 of the Texas Open Meetings Act. There was no official action taken on Closed Meeting items. Following the completion of the Regular Session, the Council convened into a Work Session. 1. The Council received a report, held a discussion, and gave staff direction regarding the 1997-98 proposed budget. City Manager Benavides stated that the process would begin with responses to questions asked at the last budget work session. Funding requests could be considered at the next meeting for Lalor Funds. If Council had more questions today, those responses would be on the August 26 meeting. It was possible to have the budget ordinance ready for consideration on September 2nd. If Council still had questions, a special call meeting could be called on September 9th to vote on the budget ordinance. Mayor Pro Tem Brock asked about decisions on the Lalor funding. City of Denton City Council Minutes August 19, 1997 Page 9 Kathy DuBose, Executive Director for Finance, stated that Council could make recommendations on the funding and have the proposed recipients present budgets for Council approval. DuBose reviewed the Council's questions that were raised during the August 8th meeting. They first dealt with the visualization program with the University of North Texas. Council Member Cochran asked what was going to be visualized. DuBose indicated that the program was going to be administered by the Economic Development Department. That Department was the point of contact for anyone in the City to make a request for the project. City Manager Benavides stated that projects already started included the Airport visualization for future parcel development. The second visualization project was the placement of entrance markers to site them correctly for three dimension viewing. DuBose stated that another question dealt with the replaying of videos of council meetings, etc. A schedule was presented for consideration. DuBose continued with another question that dealt with CIP information, sidewalks and bikeways in the City. The next question dealt with information on the proposed site reservation fees. A detailed memo was included for Council information. Council Member Cochran stated that he was not sure he wanted to do this. He was not sure that the cost was reflective of the paperwork involved. Ed Hodney, Director of Parks and Recreation, stated that charges dealt with more than just the administrative charges. It was not just the paper processing but also the cleanup costs directly associated with an event. On one hand, citizens should have reasonable use of park facilities for their tax dollars but on the other, there was a need to have a charge for exclusive use of a facility. Council Member Beasley asked about the mechanism for making a reservation. Hodney stated that a reservation list was posted for the reserved shelters. Council Member Young stated that the citizens were already paying taxes for use of the park. He could see a fee for commercial use but not for residents. It was un-American and unconstitutional to charge this fee. The park system was a big percentage of the budget and he did not see why citizens had to pay twice. Council Member Kristoferson stated that this fee was for the reservation for a large pavilion, not just anywhere in the park. Hodney stated that currently the pavilions were available on a first come first serve use. If no one had reserved the pavilion, then it could be used without charge. Mayor Pro Tem Brock stated that no one was paying to use the park. An individual would be paying to use a certain facility at a certain time, at an exclusive time. Paying for a special service not available City of Denton City Council Minutes August 19, 1997 Page 10 for anyone else. Young motioned, Cochran seconded to remove this fee from the budget. On roll vote, Beasley "nay", Kristoferson "nay", Cochran "aye", Durrance "nay", Young "aye", Brock "nay", and Mayor Miller "nay". Motion failed with a 2-5 vote. Cochran motioned, Young seconded to charge the fee only for groups larger than 50 and exempted non-profit organizations. City Manager Benavides stated that if the schedule were going to be split, he would rather not charge the fee as it would involve more in the process than was necessary. On roll vote, Beasley "nay", Kristoferson "nay", Cochran "aye", Durrance "nay", Young "aye", Brock "nay", and Mayor Miller "nay". Motion failed with a 2-5 vote. Beasley motioned, Brock seconded to approve the park fees as suggested. Cochran motioned, Young seconded an amendment to exempt non-profit organizations. On roll vote on the amendment to exclude non-profit organizations, Beasley "aye", Kristoferson "nay", Cochran "aye", Durrance "nay", Young "aye", Brock "nay", and Mayor Miller "nay". Motion failed with a 3-4 vote. On roll vote on the main motion to approve as suggested, Beasley "aye", Kristoferson "nay", Cochran "nay", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 4-3 vote. DuBose continued with solid waste issues that included a memorandum from Bob Nelson. Council Member Cochran asked about a free day at the landfill. Howard Martin, Director of Environmental Services, stated that that could be done if desired by Council. Dates and times could be scheduled for such a proposal. Mayor Pro Tem Brock cautioned to be careful about opening the landfill because there might be people outside the city limits who would abuse that time and even perhaps some commercial haulers. Council Member Beasley stated that this proposal would not effect the budget and it did not have to be decided at this particular point in time. It could be done later, after the budget was approved. DuBose stated that Item 7 dealt with information on franchise fees compared to TMPA cities. Item 8 dealt with the sales tax receipt. This month the sales tax was up and provided an additional $53,000 for next year. That money would be available for appropriation or could be placed in the fund balance. Item #9 was requested information concerning park maintenance, both current efforts and proposals for next year. City of Denton City Council Minutes August 19, 1997 Page 11 Mayor Miller asked whether this year's budget would allow the City to maintain the parks at a level of comfort or would it still just be borderline. Hodney stated that the Department was still behind in resources in what was dedicated to park maintenance. There was a need for additional people and when new facilities went on line, it would be harder. Mayor Miller stated that he had concerns about this as it was a highly visible issue. The park system brought on new facilities plus medians. He suggested Council consider the addition of two more maintenance people with a one-time charge for equipment. Council Member Kristoferson stated that there were 24 people taking care of 1650 acres. She would support the Mayor's suggestion. City Manager Benavides stated that the Department would be contracting litter and restroom maintenance to allow reassignment to other projects. Young motioned, Kristoferson seconded to add two new positions with additional resources of a new mower, a radio and tools, timing of the expenditure to be determined by staff On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. DuBose stated that the next item dealt with the hotel occupancy tax funding, the actual use of the revenue and the law regarding the use of the revenue. There was also a detail of each response and those organizations that had requested funding. Council Member Beasley requested that all members receive quarterly budget reports from the recipients. Mayor Pro Tem Brock asked for an explanation of the carry forward fund and how it was determined. DuBose stated that incorporated in the contracts were a percentage of the overall receipts up to a budget allotment. At this point, because of the limitations and not being able to amend the budget, an amount must be carried forward based on the amount to the next year. If the estimate were lower than anticipated, an additional carry forward would be added to the next year. Mayor Miller stated that the recommendation was to no longer have carryover amounts. DuBose stated that the recipients would receive a certain percentage up to the budgeted amount. Mayor Pro Tem Brock stated that not more than 15% of total the amount could be allocated to the arts. DuBose replied correct. Mayor Pro Tem Brock questioned if the City had to allocate any percentage to the arts or could 100% City of Denton City Council Minutes August 19, 1997 Page 12 be given to the Convention and Visitors Bureau. DuBose replied yes that the limit on the arts was up to 15% but there was no requirement for giving to the arts. Council Member Cochran asked about the provision of the organizations receiving funds adhering to the Open Records Act. City Attorney Prouty stated that there was a general requirement that any organization receiving public funds was subject to the Open Records Act unless there was a contract which specified that in return for those funds, the organization gave back services equivalent to the funds given. Mayor Pro Tem Brock asked if it would be possible to include in the contracts a provision that financial records be available under the Open Records Act. City Attorney Prouty replied yes it could be done. Mayor Pro Tem Brock stated that the Black Chamber of Commerce requested $5000 and the Committee recommended $6000 and questioned why it was recommended to receive more than requested. Council Member Young stated that the Chamber planned on doing more than it had been doing. Last year the Chamber lost money on their project but planned to have increased activities next year. Mayor Pro Tem Brock stated that the Denton Chamber of Commerce Convention and Visitor Bureau had generated a great deal of interest regarding that allocation. Last year the allocation was $225,000 and this year their proposed base allocation was $255,000 which was a $30,000 increase even though the percentage was the same as last year. The percentage would remain the same but the dollar amount was increased. The carryover was $40,000 so that was $70,000 more than last year. She felt that the issues which were raised regarding who should be consulted on the allocation of funds increased the City's look at the role of the Convention and Visitor Bureau and its relationship to city government. There were wide variations on how convention and visitor bureaus were operated. She felt it might be time to re-examine the entire relationship of the Bureau in terms of what the Bureau did, how the money was used, what was its relationship to the Chamber of Commerce, and its relationship to the City. She recommended that instead of two-year contracts, the Council give one-year contracts following the recommendations of the Committee. This would give Council time to re-evaluate the philosophy of this relationship. Council Member Beasley stated that the recommendation from the Committee was that all contracts be one-year contracts. Mayor Miller felt that it made sense to proceed with one-year contracts this year. In future years the Council might want to rethink about having permanent funding. Mayor Pro Tem Brock stated that in the future, the Council might want to consider three-year contracts as it took much staff time to deal with these contracts. She suggested a change in the recommendation to have the Denton Community Theater receive separate funding. She was concerned about the possibility of competing among arts for funding. Her recommendation was to restore the Greater Denton Arts Council to the former percentage of 15% and add the stipulation that City of Denton City Council Minutes August 19, 1997 Page 13 for the next two years they allocate $5,000 to the Denton Community Theater to compensate them for work done for the arts groups. Mayor Miller stated that that would increase the amount to $11,000. He suggested that the additional money be used to look for grants for other arts groups. Mayor Pro Tem Brock stated that in the past the hotel/motel funds had been used for their administrative costs. She would add the stipulation that the additional amounts would be used in grants to the arts groups. Brock motioned, Beasley seconded to restore the funding for the Greater Denton Arts Council to the former percentage of 15%, that $5,000 of the funding be for the Denton Community Theater and $11,000 would be used for grants to other groups. Council Member Cochran stated that he had a problem allocating all of the available funds to one group and then asking them to subcontract those funds to other groups. He felt that not all of the allocation should be used. Mayor Miller stated that he supported the motion. The Arts Council was developed to support all of the arts in the community. Mayor Miller stated that the motion was to restore the funding to the Greater Denton Arts Council to 15 % with the additional funds for grants and $5000 to the Denton Community Theater. Council Member Young stated that he would be voting against the motion to send a message to the groups that did not have the required number of minority participation. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "nay", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 5-2 vote. Brock motioned, Beasley seconded to accept the remainder of the recommendation from the Committee. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 9:50 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS City of Demon City Council Minutes August 19, 1997 Page 14 CITY SECRETARY CITY OF DENTON, TEXAS