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
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CIT~'OF DENTON, TEXAS