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Minutes May 21, 1996CITY OF DENTON CITY COUNCIL MINUTES May 21, 1996 383 The Council convened into a:Closed Meeting on Tuesday, May 21, 1996 at 5:45 p.m. in the Civil Defense Room of city Hall. PRESENT: Mayor Miller; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: Mayor Pro Tem Brock 1. The Council considered the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Considered acceptance of a possible assignment on behalf of a 4B non-profit economic development corporation to be formed by the City from Bill Methenitis, Trustee, relative to the vacant Texas Instruments facility. Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, May 21, 1996 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; ; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: Mayor Pro Tem Brock 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. Mayor Miller presented a proclamation for National Public Works Week. 2. The Council considered approval of the minutes of April 2, 9, 10, 16, and 23, 1996. Krueger motioned, Young seconded to approve the minutes as presented. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 3. Presentation from Strickland Middle School Class 8-3 (Zan Austin, teacher) of their Keep Texas Beautiful Awarding Winning Project, "An Environmental Guide for Kids: Denton 2000-Our Home, Our Environment." Students from strickland Middle School Class 8-3 presented the Council with copies of their project. 384 City of Denton City Council Minutes May 21, 1996 Page 2 4. citizen Reports A. The Council received a citizen report from Rick Gibbons regarding the Community Development Advisory Committee's $0 allocation for "Starting Over, Inc.". Mr. Gibbons stated that "Starting Over" was a non-profit drug and alcohol outpatient treatment center. The organization was founded in 1992 and in 1993 opened an intensive outpatient program. It had provided services for over 220 clients. The organization was waiting to receive word of a grant award from the Hilton Foundation. He understood that the City and the CDBG funds could not be authorized on a contingency basis. He asked Council to wait until next Tuesday to award the funding for the CDBG funds until he received word about the additional funding he was requesting. Council Member Young stated that he was in support of the program but that there was no where to get the funds for this year. He suggested that Mr. Gibbons begin the paper work for an application for next year's funds. Gibbons stated that he had applied for funds several, years ago and was told that the organization did not have enough history. He had put together grants and now had a history of service and was still waiting for funding. He was requesting $34,900 from the city. Mayor Miller stated that the Council had received a report from the Human Services Committee which had looked at his program. There were limited funds and the Committee's recommendation was based on that and not on the kind of program. B. The Council received a citizen report from Nell Lights regarding the flood plan, debris from the concrete company near her home, pollution and ditches. Ms. Lights stated that when she purchased Der property in this area she had no idea of the danger of concrete pollution and flood damage. She had not received notification that her property was in a flood plain. There was a misunderstanding between her property and the concrete company. The concrete company was causing problems with her property such as drainage, ditches and pollution in the area. She needed help with the concrete company. She asked why the concrete company did not have to take polluted water away from the site rather than putting it in a drainage ditch. She had asked before to remove the flood plain so that she could build on her property. 5. citizen Request~ A. The Council considered a request from J. Mike Riley for an exception to the noise ordinance from Thursday, July 4 - City of Denton City Council Minutes May 21, 1996 Page 3 Saturday, July 6 until 12:00 midnight at the North Texas State Fairgrounds for the Pro Youth Rodeo Association. Veronica Rolan, Administrative Assistant, stated that Mike Riley was requesting an exception to the noise ordinance for the Pro Youth Rodeo Association at the North Texas Fairgrounds. Krueger motioned, Biles seconded to approve the exception. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 6. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning 21.62 acres to the Single Family-16 (SF- 16) zoning district. The site, known as Estates of Forrestridge Sec. II, was located at the western terminus of E1 Paseo Drive. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director for Planning and Development, stated that this property was annexed in March and the proposal would change the zoning from temporary Agricultural zoning to Single Family-16. The Planning and Zoning Commission determined that all of the policies of the Denton Development Plan had been met. The Mayor opened the pubic hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Cott suggested delaying consideration of the proposal for one week as there were three serious oppositions from people who lived in the area. He felt the opposition could be solved if the matter was discussed with the neighbors. Robbins stated that one of the longer comments was a letter in which staff had had a conversation with the individual. The concern there was with access to E1 Paseo. That was not an issue associated with this zoning but was rather associated with platting. There was no regulation which could require a reorientation of the road during platting just to give a property owner access to a street. The property which was in opposition still had access to public streets. Council Member Biles felt that some of the responses from the neighbors were confusing. For example, one indicated that he owned the lot on Oak Forfeit which backed up to the subject DroDerty. The owner did not want to look into someone else's backyard. That comment was not appropriate as it was not their property. There was no one at this meeting expressing opposition. 385 386 city of Denton City Council Minutes May 21, 1996 Page 4 The following ordinance was considered: NO. 96-117 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING AN ORIGINAL ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION OF SINGLE FAMILY (SF-16) FOR A 21.667 ACRE TRACT LOCATED AT THE WESTERN TERMINUS OF EL PASEO DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN EFFECTIVE DATE. Biles motioned, Krueger seconded to adopt the ordinance. On roll vote, Beasley "aye", Cott "nay", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried with a 5-1 vote. B. The Council held a public hearing and considered adoption of an ordinance rezoning 1.63 acres to the Two Family (2F) zoning district from the Single Family-16 (SF-16) zoning district. The property was located on the east side of Lillian Miller Parkway, approximately 350 feet north of Southridge Drive. (The Planning and zoning Commission recommended approval 6-0.) Frank Robbins, Director for Planning and Development, stated that this proposal was initiated by the Planning and Zoning commission as a consequence of transferring the property to the GIS system. When the property was originally zoned, there was a road planned in the area known as Ridgeway. The zoning survey followed the proposed location of Ridgeway. Later when Lillian Miller was built on a different alignment, the zoning was not changed but the map was. This was a clean up to change the zoning to the proper location based on the alignment of Lillian Miller. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-118 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.63 ACRES OF LAND LOCATED ADJACENT TO THE EAST SIDE OF LILLIAN MILLER PARKWAY, APPROXIMATELY 350 FEET NORTH OF SOUTHRIDGE DRIVE; PROVIDING 'FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN EFFECTIVE DATE. City of Denton City Council Minutes May 21, 1996 Page 5 Beasley motioned, Biles seconded to adopt the ordinance. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimous.ly. C. The Council held a public hearing and considered adoption of an ordinance amending Section 33-47 of the Code of Ordinances to remove retesting requirements for renewal of sign licenses. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Directorof Planning and Development, stated that this was a streamlining of the sign ordinance. There was a current provision for a two year license as at the time the ordinance was approved, it was undergoing changes on a regular basis. This had not happened for several years and it was felt that the provision for retesting was no longer needed. The license period would be extended from 2 to 4 years with no retest required at the end of the four years. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-119 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 33- 47 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO DELETE RETESTING REQUIREMENTS FOR RENEWAL OF SIGN LICENSES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 7. Variances A. The Council considered a variance to Section 34-114 (13) (c) of the Code of Ordinances [private street paving standards] for the Tower Addition. The site was located near the east side of Mayhill Road, approximately 1,800 feet north of Treatment Plant Road. (The Planning and Zoning Commission recommended approval 6- 0.) Frank Robbins, Director for Planning and Development, stated that City regulations required that this private street needed to be paved. The only development on the site would be a tower and a building to support the electronics of the tower. The development 387 388 City of Denton City Council Minutes May 21, 1996 Page 6 would generate only two - three trips per week and it was deemed unreasonable to require the paving of the street. Biles motioned, Young seconded to approve the variance. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 8. Consent Agenda Council Member Young asked that Item 8.A.3., Bid #1893, be pulled for discussion. Me asked if the defoliation was harmful to animals and fish. Denise Harpool, Senior Buyer, stated no that only the vegetation which stopped water flow would be affected. Biles motioned, Young seconded to approve the Consent Agenda as presented. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. A. Bids and Purchase Orders: 2. 3. 4. 5. Bid $1887 - Police Motorcycles Bid $1889 - Ambulances Bid $1893 - Drainage Channel Vegetation Management P.O. ~65002 - Integrated Computer Systems P.O. $65209 - Physic Control 9. Consent Agenda ordinances Council considered the Consent Agenda Ordinances 9A-9C. Beasley motioned, Biles seconded to approve Consent Agenda Ordinances 8.A. - 8.C. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. A. NO. 96-120 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. (7.A.1. - Bid #1887, 7.A.2. - Bid ~1889) B. NO. 96-121 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. (7.A.3. - Bid #1893) City of Denton City Council Minutes May 21, 1996 Page 7 3 8'9 C. NO. 96-122 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (7.A.4. - P.O. #65002, 7.A.5. - P.O. #65209) 10. Ordinances A. The Council considered adoption of an ordinance authorizing the Mayor to execute a contract between the city of Denton and the Kansas City Southern Railroad Company for wire crossing. Rick Svehla, Deputy City Manager, stated that as the railroads were here before the City, the City had to obtain permission to cross railroad right-of-way. The ordinance would authorize execution of the agreement. The following ordinance was considered: NO. 96-123 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY FOR WIRE CROSSING; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young to seconded adopt the ordinance. Herb Prouty, City Attorney, stated that the city would be including wording for an indemnity for an environmental negligence or environmental fines and a clause that irrespective of any negligence on the part of the railway, the City would never insure another party against their negligence A provision would be added to indicate that nothing herein would make the City or the licensee liable for actions involving the sole negligence of the railroad. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance amending Ordinance 96-043 by changing the SR and SRW rates for residential wastewater service to revise the methodology for determining residential wastewater rates; and authorizing credits for residential wastewater customers. (The Public Utilities Board recommended approval.) 3190 'City of Denton City Council Minutes May 21, 1996 Page 8 Earl Crews, Utility Financial Administrator, stated that this proposal had been reviewed by Council at the last work session. The change would make the charges more fair for the month of February in terms of the wastewater charges and would also revise the methodology used in calculating the winter average. Council Member Biles expressed a concern for residents who might experience lifestyle changes. The proposal was to eliminate those cost figures which fell outside of the plus or minus 25% range. With lifestyle changes in which there might be possibly a more than 25% plus or minus situation, an individual would end up always paying at a higher rate as there would not be another subsequent change. He felt it might be better to move the width of the band to a plus or minus 50% Crews felt it would be appropriate to stay with the plus or minus 25% and allow the previous winter average to adjust by that amount. Council Member Biles stated that if the cost figure would fall outside that plus or minus 25% band, a credit would be given to the 25% point and in future winters, there would be the opportunity to for another adjustment. Crews replied correct that there would be a 25% adjustment each year if the average stayed the same in the future. Mayor Miller asked if the ordinance needed to be amended. Crews replied yes that the ordinance would have to be amended to state "using a plus or minus 25%" on the wastewater schedule. The following ordinance was considered: NO. 96-124 AN ORDINANCE AMENDING ORDINANCE 96-043 BY CHANGING THE SRAND SRW RATES FOR RESIDENTIAL WASTEWATER SERVICE TO REVISE THE METHODOLOGY FOR DETERMINING RESIDENTIAL WASTEWATER RATES~ AUTHORIZING CREDITS FOR RESIDENTIAL WASTEWATER CUSTOMERS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Cott seconded to approve the ordinance subject to incorporating the plus or minus 25% language as was discussed for both schedules. On roll vote, Beasley "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 the city Manager to execute an amendment to the professional services agreement with ReSource Management City of Denton City Council Minutes May 21, 1996 Page 9 391 International by adding a task order and authorizing compensation. additional Sharon Mays, Director for Electric Utilities, stated that the Public Utilities Commission was moving very rapidly to deregulate the utilities industry. This required much paperwork and there was not enough staff available to carry out that paperwork. This amendment to the agreement would assist with the filing of data on stranded investments. This was a critical item in this process and was a very large project. Council Member Biles asked if only City of Denton issues were being addressed. Mays replied correct as it was important for the City to stand alone as there needed to be very specific investment figures. The following ordinance was considered: NO. 96-125 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL ("RMI") BY ADDING A TASK ORDER AND AUTHORIZING ADDITIONAL COMPENSATION; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to.adopt the ordinance. Council Member Cott asked why the City was not studying the effect on the bond business as well as on stranded costs. Mays replied that they were very aware of the impact the process had on the bond rating. This was very specific as the city was responding to a very specific set of requests and demands from the Public Utilities Commission. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the City Manager to execute an amendment to the commercial lease agreement between the City of Denton and Avionics International Supply, Inc. (The Airport Advisory Board recommended approval.) Joseph Portugal, Assistant to the City Manage~, stated that this amendment would enable Avionics to secure funding for their building. By assigning the lease to the lending institution they would secure the note and guarantee their funding for the building. May 21, 1996 Page 10 The following ordinance was considered: NO. 96-126 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE ANAMENDMENT TO THE COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND AVIONICS INTERNATIONAL SUPPLY, INC.; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Cott seconded to adopt the ordinance. On roll vote, Beasley "aye", Cott "aye", Krueger "aye" Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 11. Resolutions A. The Council considered approval of a resolution authorizing the submission of an application to the criminal Justice Division of the office of the Governor, State of Texas, requesting funding for one juvenile/domestic violence investigator and associated training and equipment for a Family Services Unit. Mike Jez, Chief of Police, stated that this resolution would authorize the submission of an application for a grant for a juvenile/domestic violence investigator and associated training and equipment for a Family Services Unit. This was a five year grant similar to other grants which the City had applied for through the Criminal Justice Division. The following resolution was considered: NO. R96-024 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINING AND EQUIPMENT FOR A FAMILY SERVICES .UNIT; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Biles seconded to approve the resolution. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles ~Waye", and Mayor Miller "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the City Manager to sign and submit to the Department of Housing and Urban Development, a 1996 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended; and the National Affordable Housing Act of 1990, as amended. (The Community Development Advisory Committee recommended approval.) City of Denton City Council Minutes May 21, 1996 Page 11 393 Barbara Ross, Community Development Administrator, stated that this resolution would approve the 1996 Action Plan for housing and community development. There were revisions included in the agenda packet which stemmed primarily from the additional money received from the Federal government. These additional funds were included in the Plan as unprogrammed funding. The only other revision was the deletion of the road hump project as requested. The Plan did not include the activity stage as the project would be considered by the Committee and a recommendation returned to Council regarding the additional funds that could be used to fund the activity stage. The Action plan included those recommendations that had already taken place without any recommendations that might be considered for the additional funding. City Manager Benavides stated that the Council had indicated that they wanted the money to be used for the activity stage. Ross stated that because of Federal requirements, recommendations would be taken to the Committee and it was required that those recommendations be put out for public comment for a 30 day period. That would have to take place before those additional funds were allocated for projects. Council Member Biles stated that there was a 30 day period required by Federal law for public comment before the Council could move on the funds or before the Committee could move. Ross replied before the additional funds which the City received notification of could be allocated to specific projects. Council Member Biles asked if the $7,500 which was allocated for the road humps could be specifically designated for the activity stage. Ross. stated that the $7,500 by itself was not sufficient funding for the activity stage. The Parks Department was working on options for the stage for perhaps something less than what was initially planned or looking at a stage which was originally planned. City Manager Benavides stated that yes the $7,500 could be allocated for the stage even if it was not adequate. Ross replied that it could be but because of the volume of the additional funding the City was receiving, it was suggested at the last meeting that those funding amounts be returned to the Committee and discuss with them the potential uses of those funds including the $7,500 which Council requested be deleted from the Action Plan. 394 City of Denton City Council Minutes May 21, 1996 Page 12 Council Member Biles stated that he understood that the $7,500 which had been recommended for the road humps would be specifically designated to be used for the activity stage. He understood that the stage would have to go back through a process for consideration as to what recommendations to make such as how much it was going to cost, how big would be the back, etc. His intent at the last meeting was to make sure that the $7,500 for the road humps was deleted from a street category and specifically put into a stage category. Ross stated that that was not included but the Council could amend the Action Plan to include that as just stated. She had misunderstood the Council from the prior week and had included that money as unprogrammed funds to be programmed as the Committee worked on the allocations for the additional funding. Council Member Biles stated that the Committee would have to put this out for public comment for a 30 day period at which point in time the Committee would have to provide another recommendation and then return to Council for consideration. Ross stated that there were additional funds besides those which would go towards the activity stage. The standard procedure when additional funds were received or if not all funds were allocated, was to have the Committee provide an additional allocation recommendation. Council Member Biles wanted the stage in Fred Moore Park to be specifically considered by the Committee with a specific recommendation back to Council. If the recommendation was to build a $45,000 stage as was an original projection, $7,500 would already be earmarked for the stage coming from this meeting. Ross replied that that was something the Council could do at this time. Council Member Beasley asked if all of the projects which were not funded in the first consideration would be considered again or would applications have to be resubmitted. Ross stated that based on Council's recommendations at the last Council meeting, staff was going to go to the Community Development Advisory Committee and the Human Services Committee with specific proposals and ask them to consider those proposals. The activity stage would be included in those proposals. Council Member Beasley asked if all of the projects not receiving funding would be considered for this additional funding. Ross stated that they would be considered by the Committee. City of Denton City Council Minutes May 21, 1996 Page 13 City Manager Benavides stated that his understanding was that Council wanted $7,500 from the road humps for the stage. The remainder of the balance to get to the $45,000 would come from the $76,000. The Committee would have discretion for the $30,000 which was unprogrammed and undirected by the Council to consider projects which were not originally allocated or to consider new projects. The first $45,000 was earmarked, if rational and practical, for the activity stage. There would not be much discretion on the Committee's part for this amount of money. Council Member Biles stated that he was ready to make a motion that $45,000 of the $76,000 would be used for an activity stage subject to working, out the details on the stage. That would leave $31,000 for other projects recommended by the Committee. He understood from this meeting that Federal law required a 30 day public comment period, had to go to Committee, etc. Could the Council decide at this meeting to fund an activity stage. Ross stated that the Council cOUld set aside at this meeting $7,500 from road humps for the stage and Council could direct staff to set up the additional funds needed to build a stage and work with the Committee to achieve that. Because of the substantial nature of the additional funds, a 30 day public comment period was needed before returning to Council for action. Council Member Biles asked who required the 3~ day time period. Ross replied that the City of Denton Citizen Participation Plan and the Consolidated Plan regulations required at least a 30 day public comment period prior to allocating funding. City Manager Benavides stated that it was a legal hurdle required. But Council could designate what it wanted to use the $45,000 for. Council Member Beasley stated that she was in agreement of building the stage but did not have a problem letting this go back to the Committee. Young motioned, Cott seconded to allocate $45,000 for a stage at this meeting. Mayor Miller indicated that this could not be done at this meeting but that Council had indicated its direction to staff. Council Member Young understood that the dollars could be designated for the stage at this meeting and then go through the 30 day process. Ross stated that Council could direct staff to set aside those funds and set that up as part of the citizen participation process. 395 39 6 City of Denton City Council Minutes May 21, 1996 Page 14 Mayor Miller stated that the motion was to approve the resolution subject to setting aside up to $45,000 for the activity stage. Ross stated that the $45,000 would include the $7,500 as funding for the activity stage. Council Member Krueger asked if the 30 day comment period was- because the Council wanted to make an amendment to the Committee's recommendation. Ross replied no that the 30 day period for public comment was not due to any changes which Council might make to the Committee's recommendation. That period was required because the City received additional funding which had not yet been subject to the citizen participation process. City Manager Benavides stated that the Council could reallocate any of the original money as it had been through the process. The comment period was required for the new $76,000 which no one had seen yet. Council Member Biles stated that the motion included that the previously allocated $7500 was out of the $1 million. $7,500 would be used for a stage out of the original allocation and Council could give direction for the balance of the funding to come out of the $76,000 up to a maximum of $45,000. Lidia De la Garza, speaking through an interpreter, stated that she was in support of hiring a bilingual person to assist bilingual individuals with their needs and concerns. Martha Garcia stated that she was a member of the MLK Advisory Committee and she was in support of hiring a bilingual individual to assist individuals at the MLKCenter. She read a statement from Rosemary Rodriguez who was also in support of the proposal at the MLK Center. Richard Godoy stated that he was a social worker at Denton High School and supported the hiring of a bilingual social worker at the MLK Center. The needs of Hispanic residents in that part of the City were great and they needed someone in a professional position who could communicate in their own language. The area families had expressed a need for a bilingual social worker in the area who could help link them with social services in the City. Francisa Ryan stated that she was in support of hiring a bilingual staff worker at the MLKCenter who understood the Hispanic culture. The MI~K ¢~n~r ~m~d b~ used for ESL cla~se~. Martha Guerra stated that she was in support of hiring a bilingual individual staff person who was aware of the Hispanic culture. The City of Denton City Council Minutes May 21, 1996 Page 15 Hispanic population needed information on the way the city functioned and there was a need for better communication between the City and Hispanics. Sherri McDade stated that she was in opposition to some of the funding requests. There were requests for funding which were not approved such as an extension of the TWU Cares Program, a request for furniture and equipment for the American Legion Hall, and needs of the Girl Scouts. She suggested not funding the maid service at Fairhaven as it only affected a select few and there were many more people who could be helped better with those funds. Council Member Beasley stated that at the last work session, she had asked staff to look at funding that position through a staff position in the City budget. The recommendation from the Committee felt that this funding should be done through a regular staff position of the City and not through the CDBG funds. There were a lot of needs in the community and there was only a limited amount of funds. The money for Fairhaven was for very elderly individuals who needed help in every day living. City Manager Benavides stated that the Director of Parks and Recreation and the chief of Police would be looking at the issue for separate analysis on how to best respond to this request. The recommendation would be presented to Council during the budget process for consideration. The following resolution was considered: NO. R95-025 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 1996 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. On roll vote on the motion to approve the resolution with the deletion of $7,500 from the speed bump project and add to that $7,500 an amount up to $45,000 for an activity stage at Fred Moore Park. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 12. The Council considered nominations/appointments to the Keep Denton Beautiful Board, the Development Policy Committee, the Vision Project Cabinet and the Data Processing Board. There was no appointment to the Denton Development Policy. 39,7 39¢J City of Denton City Council Minutes May 21, 1996 Page 16 Council Member Young nominated Lupe Tovar to the Data Processing Advisory Board. Gayla Robles was nominated by Mayor Pro Tem Brock at a previous meeting for the Keep Denton Beautiful Board. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Mayor Miller indicated that there was a vacancy on the Vision Cabinet as he had moved to the chair position upon election as Mayor. Council had another appointment available for the cabinet. Council Member Beasley indicated that she would be interested in the position. Council Member Krueger nominated Council Member Beasley. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 13. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 14. There was no official action taken on items discussed in the earlier Closed Meeting. 15. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young requested a re-evaluation of the day laborer situation. B. Council Member Krueger asked for a review of the current solicitation policy-for charitable solicitations specifically the fire fighters "Fill the Boot" campaign. He was in favor of amending the current policy to allow the fire fighters to solicit for this charity while on duty and in uniform. city Attorney Prouty stated that a recent Attorney General's opinion was not in favor of what the fire fighters wanted to do. C. Council Member Biles stated that he would like to review the policy to allow on-duty in uniform charitable solicitations. D. Mayor Miller stated that the Council had received an invitation for a work shop and luncheon of NCTCOG for June 7th. 16. The Council did not meet again in Closed Meeting. City of Denton City Council Minutes May 21, 1996 Page 17 With no further business, the meeting was adjourned at 8:50 p.m. J~NN~ F~R WALTERS7 - ~TY ~ECRETARY CITY OF DENTON, TEXAS ACCO030F 399