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Minutes August 6, 1996PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Beasley, Biles, Cott, Krueger, and Young. ABSENT: None 1. CITY OF DENTON CITY COUNCIL MINUTES August 6, 1996 The Council convened into a Closed Meeting on Tuesday, August 6, 1996 at 5:00 p.m. in the Civil Defense Room of City Hall. Members The Council considered the following in a Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered and discussed possible settlement of City of Denton v. Karvouniaris. 2. Considered and discussed settlement offer resulting from mediation in GTE v. city of Denton, et al. 3. Consulted with attorney on status of and litigation strategies in RPS/Weber & Barnes v. city lawsuits. 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 Session on Tuesday, August 6, 1996 at 7:00 p.m. in the City 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.S. and Texas flags. 2. The Council considered approval of the minutes of June 18, June 25 and July 2, 1996. Beasley motioned, Young 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 Yard of the Month Awards to: Dallas Drive Tech Center Bill and Terri Linda and Foster Byrd Thomas Ethan Allen Home Interiors Sandy Proctor Gary and Sherri McBee City of Denton city Council Minutes August 6, 1996 Page 2 Bill Watson, chair-Keep Denton Beautiful, presented the Council with the Proud Community Award from Keep Texas Beautiful. 3. Presentation of Keep Texas Beautiful Awards. Mayor Miller presented awards to: Native Plant Society-Trinity Forks Chapter-Certificate of Merit for Civic Organization Marcus Cable - Media Award Denton Municipal Utilities - Media Award Claire Gates - Education Leadership Award 4. citizen Reports A. The Council received a citizen report from Nell Lights regarding missing property. Ms. Lights stated that she lived in the 500 block of East Prairie. No one could tell her where her property line was located. She had been told that house numbers were not used and that the deeds of the property were used. Her plat indicated that she owned 516 and 512 through 514. Her deeds and the City's deeds did not match. Her deed stated "lots" and the City's said "lot". She read the City ordinance indicating how houses would be numbered on the streets. There were also drainage problems and pollution from the concrete company near her property. She needed to know where her property was located. Frank Robbins, Director of Planning and Development, stated Ms. Lights had spoken with someone who lived on the north side of East Prairie with an address of 514. He did not have any independent knowledge of that. The house on the south side of East Prairie had an address of 514. That was how that property was addressed. Research of the documents provided by Ms. Lights indicated that all her property was on the south side of East Prairie because of how the property was platted. There was no indication that her property was encroached on by the concrete company. Council Member Young stated that the odd street numbers were on one side of the street and the even numbers were on the other side. Robbins stated that Ms. Lights indicated that she knew someone who lived on the north side of East Prairie with an address of 514. Council Member Young asked about polluted water from the concrete plant. Robbins stated that over the years the TNRCC had done tests which revealed no viOlation in terms of pollution. City of Denton city Council Minutes August 6, 1996 Page 3 B. The Council received a citizen report from Joe Dodd regarding the Dell Deal. Mr. Dodd stated that the City, the County and DISD were suffering from arrogance and stupidity. The condition started when the Council's agenda indicated that Council was behind closed doors discussing the acceptance of an assignment of property (TI). That sounded like the City was going to become the landowners of TI. That had to be discussed behind closed doors because other cities would catch on to what Denton was doing and steal the idea. It had been in the newspaper and other cities knew about it. One man, one vote used to be a good concept to him for America. But when it came to this development district, one man, one vote; one judge, one clerk, all the same person, he was not sure it was such a good idea. Was the one voter paid to live at TI? Did he pay rent? The election was not in a pubic place but was held behind barbed wire. The election was not run by the County but rather by an Austin lawfirm. He wanted to get in to see if he was a qualified voter but the polling place was locked. There were no provisions for the handicapped at the voting place. The ballot indicated for or against the creation of Denton County Development District Number One and the adoption of a proposed local sales and use tax rate of one-half of one percent to be used for the promotion and development of tourism. This was an abuse of the law and was not about economic development. The law was being seriously abused. He asked the Council to stop deliberating behind closed doors as it appeared that the Council was doing something wrong. 5. Public Hearings A. The Council held a public hearing with regard to the proposed annexation of a 96.78 acre tract located north of Mingo Road and west of Cooper Creek Road and gave staff direction. (A- 72) Harry Persuad, Senior Planner, stated that EDS had applied to the City for annexation. This was the first of the public hearings regarding the annexation. In the southeast corner of the proposed annexation was the Cooper Creek United Methodist Church which was included in the annexation. He had spoken with the pastor of the Church who indicated that he was not opposed to the annexation. The Mayor opened the public hearing. Don Lilly stated that EDS would appreciate the Council's consideration to the annexation of this tract of land. Council Member Young asked wha% ED~ planned to develop in the Lilly indicated that EDS had not determined what the ultimate zoning would be. Council Member Young asked if EDS had talked with the Church. City of Denton City Council Minutes August 6, 1996 Page 4 Lilly replied no. Persuad pointed out to the pastor that this tract might be zoned in the future and that they would be notified so as to be able to participate in the discussions. Council Member Krueger asked why staff brought the church in the annexation. Persuad stated that it was done to avoid having a hole in the lines of the city limits. The Mayor closed the public hearing. B. The Council held a public hearing with regard to the proposed annexation of a 29.115 acre tract located north of Blagg Road and east of Geesling Road and gave staff direction. (A-73). Harry Persuad, Senior Planner, stated that this was the first public hearing for this annexation. The City was proposing to annex this tract. An annexation schedule had been sent to the landowner in the area with appropriate notices in the newspaper. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Mayor Pro Tem Brock asked if there had been any response to the proposal from the landowner. Persuad replied that a letter had been sent with no response. He did receive a call from an adjacent landowner who did not object to the annexation. Mayor Pro Tem Brock asked if there was a possibility that the landowner did not receive notification of the annexation. Persuad replied he did not think that was a possibility but could sent out future notices by certified mail. Council Member Young expressed a concern regarding infrastructure and the impact on fire and police services. Persuad stated that the City was currently servicing the area in the City limits on Mayhill Road. The City would provide services according to State law. Council Member Krueger asked how many houses were in the area. Persuad stated that there currently were two single family homes with the area platted for seven lots. City of Denton City Council Minutes August 6, 1996 Page 5 Council Member Krueger asked why the City was considering this annexation. Persuad stated that this site was platted and the platting processing triggered an annexation study based on the Subdivision Regulations. That study was done as presented to Council which directed staff to proceed with the annexation process. Consensus of the Council was to proceed with the annexation process. C. The Council held a public hearing and considered adoption of an ordinance granting a Specific Use Permit (SUP) for remote off street parking on Lot llC, Infinity Strata Addition. The 11.5 acre lot was adjacent to and north of the North Texas Fairgrounds on Carroll Boulevard. (The Planning and Zoning Commission recommended approval, 4-1.) Frank Robbins, Director for Planning and Development, stated that this was a specific use permit for off-street remote parking adjacent to the North Texas Fairgrounds. Two replies were received in opposition to the proposal. The individuals opposed to the proposal were concerned about access to Strata. One condition associated with the specific use permit was that there would be no access to or from the site from Strata. The only access would be the current access which was from the church easement which went from Carroll to the road on the Fairgrounds. There were a number of criteria which had to be met for the specific use permit. The Planning and Zoning Commission recommended approval because the criteria had been met. Council Member Cott stated that he had had several people on Strata request that there be no exit or entrance on Strata. There was a fear that after the event people would speed through the area. Robbins replied that a recommendation from the Planning and Zoning Commission was to not allow the use of Strata. Council Member Young stated that the church did not have any opposition to the use of the easement. Robbins replied correct. The Mayor opened the public hearing. Fred Harper stated that he was in favor of the specific use permit. This would be a convenience for the patrons using the Fairgrounds and would provid~ b~tt~r oontrol of truok~ and trail~r~ in th~ area. The area would have security and would relieve congestion in the immediate area of the Fairgrounds. The Fair did not have any desire for an entrance or exit on Strata Street. Carol Ann Ganzer stated that several years ago the Fair had asked for no parking around the Fairgrounds and adjacent ~tr~ts. This City of Denton City Council Minutes August 6, 1996 Page 6 proposal would help with the parking in the area. The Fair had put much money in trying to be a good neighbor and this was another effort. Pete Luney stated that as a member of Central Baptist Church he was in opposition to the proposal. He did not want the property to be misused. The easement was granted with the understanding that it would be maintained. Otherwise it would rescind back to the church. He was opposed to the proposal unless the easement was fenced and access would be through the Fairgrounds. Council Member Beasley asked where the easement was located. James Roden stated that the Fair did not own that property. It was owned by others with a 30' wide easement north of the Fairgrounds fence which was on church property° There was a culvert at the back part of property. The Fair had been parking on that property for the past 12 years as an attempt to bring vehicles off the street to a confined area. The Fair hired all of the police reserves to assist with the parking. There was a road which came from the front to the middle of the property. That was done by the landowners themselves. Mayor Miller asked if the church access was used. Roden stated that they never used that access. The vehicles were brought into the Fairgrounds and then parked in the area. Mayor Miller stated that there would be two entrances and exits to the property. Roden stated that they never wanted to use that property. Last year they had an agreement with the pastor to park vehicles on the front part of the church parking lot. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-171 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT (S-209) FOR OFF STREET REMOTE PARKING, LOCATED ON 11.503 ACRES OF PROPERTY ON THE WEST SIDE OF CARROLL BOULEVARD AND NORTH OF THE FAIRGROUNDS, AND CURRENTLY ZONED AS MULTIFAMILY-RESTRICTED (MF-R) AND MULTIFAMILY-ONE (MF-1) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Krueger seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye"f Biles "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes August 6, 1996 Page 7 6. Consent Agenda Council Member Young asked about the lease at the Airport. The City owned the land and was leasing the land for farming. Tom Shaw, Purchasing Agent, stated that the property was leased for crop growing and agricultural purposes only. Brock motioned, Young seconded to approve the Consent Agenda. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Bids and Purchase Orders: 2. 3. 4. 5. e Bid #1869 - Health Insurance Bid #1911 - Refuse Bags Bid #1920 - Distribution Transformers Bid #1921 - Articulated Wheel Loader Bid #1922 - Construction of 4" Gravity Sewer at Evers Park Bid #1919 - Lease of Agricultural Land at Airport P.O. #65431 - McNaughton Book Service 7. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 7.A. - 7.D. Biles motioned, Beasley seconded to adopt the Consent Agenda ordinances. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. A. NO. 96-172 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. (5.A.1. - Bid #1869, 5.A.2. - Bid #1911, 5.A.3. - Bid #1920, 5.A.4. - Bid #1921) B. NO. 96-173 AN ORDINANCE ACCEPTING COMPETITIVE BIDSAND 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.5. - Bid #1922) C. NO. 96-174 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND TTS FARMING FOR PROPERTY LOCATED AT THE CITY OF DENTON MUNICIPAL AIRPORT, DENTON, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.6. - Bid #1919) City of Denton city Council Minutes August 6, 1996 Page 8 D. NO. 96-175 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. (5.A.7. - P.O. ~65431) 8. Ordinances A. The Council considered adoption of an ordinance temporarily prohibiting the parking of vehicles on both sides of Carroll Boulevard from its intersection with Fain to its intersection with Headlee, the west side of Denison Street from its intersection with University to its intersection with Sherman Drive, the east side of Denison Street from its intersection with Sherman Drive to its intersection with Headlee Street, the west side of Bolivar Street from its intersection with Sherman Drive to its intersection with Fain, the south side of Ross Street from its intersection with Carroll Boulevard to its intersection with Bolivar Street, the north side of Strata Drive from its intersection with Carroll Boulevard to its intersection with Mesquite Street, and the north side of Fain Street from its intersection with Carroll to its intersection with Bolivar Street during the annual North Texas State Fair and Rodeo to be held from August 16, 1996 through August 24, 1996. Veronica Rolen, Administrative Assistant, stated that this ordinance would provide temporary no parking around the North Texas State Fairgrounds during August 16 - Aug 24. The following ordnance was considered: NO. 96-176 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS STATE FAIR AND RODEO TO BE HELD FROM AUGUST 16, 1996 THROUGH AUGUST 24, 1996; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes August 6, 1996 Page 9 Brock 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. B. The Council considered adoption of an ordinance approving the 1996 certified appraisal roll. Jon Fortune, Chief Finance Officer, stated this ordinance would approve the certified 1996 appraisal value for the City. Mayor Pro Tem Brock stated that the City had really no choice but to approve the roll. Fortune replied correct. The following ordinance was considered: NO. 96-177 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1996 APPRAISAL ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "nay", Biles "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. C. The Council considered adoption of an ordinance authorizing the Mayor to execute the third addendum to the lease between the City of Denton and the Denton Chamber of Commerce. Joseph Portugal, Assistant to the City Manager, stated that this would be the third addendum to this lease between the City and the Chamber of Commerce. This was a request from the Chamber in order to complete renovations on the building. The following ordinance was considered: NO. 96-178 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE THIRD ADDENDUM TO THE LEASE BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE; PROVIDING FOR A SUBROGATION OF MORTGAGEE CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vo%e, Beasley t~aye~, Brock ~tayell, 0o%% tlaye~, Krueger ~aye~, Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes August 6, 1996 Page 10 9. Resolutions A. The Council considered approval of a resolution approving the 1996-97 budget of the Denton Central Appraisal District. Jon Fortune, Chief Finance Officer, stated that at the last meeting the Appraisal District had made a budget presentation to the Council. The Texas Tax Code required approval of the budget within 30 days of presentation. Council Member Beasley stated that the City would be paying less this year due to the reduction of property taxes due to the approval of the one-half cent sales tax increase. Mayor Pro Tem Brock asked what would happen if the City chose not to approve the budget. Fortune stated that it would take a majority of the taxing jurisdictions to disapprove the budget before any official action. The following resolution was considered: NO. R96-033 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1996- 1997 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Krueger seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "nay", Biles "aye", and Mayor Miller "aye". Motion carried with a 5-2 vote. B. The Council consider approval of a resolution nominating one member to the Board of Managers of the Denco Area 9-1-1 District. Mike Jez, Chief of Police, stated that this resolution would nominate one member to the Board of Managers of the Denco Area 9-1- 1. Don Franklin would be nominated by the City of Denton. The following resolution was considered: NO. R96-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes August 6, 1996 Page 11 C. The Council considered approval of a resolution supporting Senate Bill 1021, the amendment of the Clean Air Act, to extend the primary standard attainment date for moderate ozone nonattainment areas, 1996-1998. Joseph Portugal, Assistant to the City Manager, stated that Council had reviewed this issue on July 23rd. Approval would support Senate Bill 1021 which would extend the time frame for cities in the north central Texas area to comply with the Clean Air Act for two years. The following resolution was considered: NO. R96-035 A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL SUPPORTING SENATE BILL 1021 THE AMENDMENT OF THE CLEAN AIR ACT TO EXTEND THE PRIMARY STANDARD ATTAINMENT DATE FOR MODERATE OZONE NONATTAINMENT AREAS; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Biles seconded to approve the resolution. 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 considered approval of a resolution authorizing the execution of an agreement between the City of Denton and the Texas Department of Transportation accepting electronic equipment to aid the Police Department in accident investigation. Mike Jez, Chief of Police, stated that this agreement would be with the Texas Department of Transportation for equipment to use in accident investigation and would include computer equipment, models and programs. This equipment would assist in clearance times at the scene of major accidents, reduce congestion and improve traffic flow, reduce air pollution and improve air quality, aid in maintaining free and clear roadways, enhance the quality of accident investigations and reduce time spent on an investigation of an accident. The Transportation Department would provide the necessary computer equipment, instrumentation and software and training. The City was eligible for this equipment because it participated in a traffic control program in the past. The following resolution was considered: NO. R96-036 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION ACCEPTING ELECTRONIC EQUIPMENT TO AID THE POLICE DEPARTMENT IN ACCIDENT INVESTIGATION; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 6, 1996 Page 12 Young motioned, Biles seconded to approve the resolution. 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 considered approval of a resolution authorizing the city Manager to submit an amendment to the 1996 Action Plan for Housing and Community Development submitted on June 3, 1996 to the U. S. Department.of Housing and Urban Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Act of 1990, as amended. Frank Robbins, Director for Planning and Development, presented the recommendations from the Community Development Advisory Committee for the unprogrammed funds. The Committee was not recommending the funding of a stage at the Fred Moore Park. Council could move unprogrammed funds to that item if so desired. Mayor Miller asked if the Council moved funds for a stage, would it be an acceptable submission to HUD. Robbins replied correct. The following resolution was considered: NO. R96-037 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE 1996 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED ON JUNE 3, 1996 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND THE NATIONAL HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the proposed budget with the exception that $45,000 be moved for a Fred Moore Park activity stage and allow $2,500 to remain as unprogrammed funds. Mayor Pro Tem Brock asked if the $45,000 was in addition to the $7,500 already allocated for the stage. Mayor Miller replied no that the $7,500 was rolled back into the budget. The proposed allocation would include that money. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes August 6, 1996 Page 13 10. Submission of the certified collection rate. Jon Fortune, Chief Finance Officer, stated that for the purposes of calculating the tax rate for next year, the City was certifying a 100% collection rate of taxes for both debt service and for operating and maintenance. To date, the 1995 collection rate was at 98.2% collections. 11. Submission of the effective tax rate and rollback tax rate. Jon Fortune, Chief Finance Officer, stated that the effective tax rate was the rate which would generate the same amount of revenue next year as this year on the same property. The effective rate would be $.5314 per $100 value. The notice in hearing rate would be $.5473 which was highest rate allowed before additional notices would have to be made to the public. The rollback rate was the highest rate which the Council could adopt before being subjected to a rollback election. That rate would be $.5576 per $100 valuation. The proposed budget tax rate $.5309 which was below the effective rate. 12. The Council considered nominations/appointments to the City's Boards and Commissions. Mayor Miller stated that Council would vote on those nominations made at the last meeting. Animal Shelter Advisory Board - Mary Bendzick. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Data Processing Advisory Board - Lisa Green, Vicki McCombs and Maurine Saringer. On roll vote, Beasley "aye",-Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Traffic Safety Commission - Art Seely, Jr. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Mayor Miller asked if Council would like to consider amending the rules to allow for nominations and voting on those nominations at this meeting. Krueger motioned, Biles seconded to waive the rules to allow for nominations and voting on those nominations at this meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Animal Shelter Advisory Board - Mayor Pro Tem nominated Amanda Casey. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton city Council Minutes August 6, 1996 Page 14 Cable T.V. Advisory Board - Council Member Biles nominated Juanita Johnson. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Electrical Code Board - Council Member Cott nominated Fred Harper. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Plumbing and Mechanical Code Board - Council Member Young nominated Frank Cunningham. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Sign Board of Appeals - Council Member Biles nominated Bill Allen. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 13. vision Update Council Member Beasley stated that the Vision cabinet met last week and decided to meet quarterly beginning in September. The brochures for Vision were completed and were being distributed. 14. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 15. Official Action on Closed Meeting Items: B. C. D. Legal Matters Real Estate Personnel Board Appointments Biles motioned, Young seconded to direct the City Attorney to proceed in the Weber-Barnes/RPS litigation as discussed and proposed in Executive Session. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 16. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young requested a response be sent to Aaron Brody regarding Sycamore Street. B. Mayor Pro Tem Brock requested a written report regarding the situation on Sycamore Street. City of Denton City Council Minutes August 6, 1996 Page 15 With no further business the meeting was adjourned at 8:55 p.m. CITY OF DENTON, TEXAS ACC0032C JA~ - CIT~'OF DENTON, TEXAS