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Minutes August 31, 1999CITY OF DENTON CITY COUNCIL MINUTES August 31, 1999 The Council convened into a Special Called Meeting on Tuesday, August 31, 1999 at 6:00 p.m. in the Council Chambers in City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council received a report from the CIP Blue Ribbon Committee Chairperson. Item #1 was considered later in the meeting. 2. The Council considered adoption of an ordinance authorizing the City Manager to execute a memorandum of understanding between the Denton Affordable Housing Corporation and the Singing Oaks Neighborhood Association specifying the terms of the agreement concerning the development of Toledo Court; and providing an effective date. Mayor Miller indicated that Items 2, 3 and 4 could be considered together. Barbara Ross, Community Development Administrator, stated that the memorandum of understanding was a cooperative effort by all the participants. Item #2 was an amendment to the 1999 Action Plan to include the Toledo Court project. Item #3 was an amendment to the DAHC agreement to add additional money to the original contract. DAHC had not approved the agreement with Section L included. The City Attorney provided alternate language for Section L and four options were available as detailed in the agenda materials. Linnie McAdams spoke regarding the issue. She asked the Council to approve the agreement with the original idemnification and not the revised idemnification. Council Member Young asked if the Board agreed with the new wording. McAdams stated that the Board would approve the existing contract wording and not the new wording. Council Member Burroughs questioned the need for the additional language. City Attorney Prouty stated that the old language simply indemnified the City by the DAHC rd against actions by 3 parties. The new language was intended to hold the City harmless in the event the Federal government did an audit and DAHC had done something contrary to the contract terms. It would also release the City from any liability for acts done by city employees or city officers which were not in the old language. The DAHC was not a high risk and the Council could use the old clauses. However, the old clauses were not effective from either intentional acts or negligent acts from Toledo Court. He felt that the alternative language would be satisfactory. Mayor Pro Tem Beasley felt that the neighbors and DAHC had done a good job with the rehabilitation of the homes thus far. She was in favor of the language in the current contract. She felt that the neighborhood needed to be contacted regarding the situation with the fence. City of Denton City Council Minutes August 31, 1999 Page 2 The following ordinance was considered: NO. 99-281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING THE THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT AND TO EXPEND FUNDS WITH RESPECT TO THE THIRD AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to approve the contract for Item #4 with the original language. Council Member Cochran felt that the original contract language had worked well for a number of years. He was in favor of approving the contract with the original language. He suggested investigating whether a 10-foot fence was allowed in Denton. He felt the maximum height was 8 feet. City Manager Jez stated that he could continue to work with the neighbors and DAHC regarding placement and height of the fence along the property line. Council Member Durrance stated that the original problem was the difference between the release and the idemnification. The proposed language was based on a change in the law and the standard release clause would be used in all cases where there was a threat of litigation. He was in favor of the revised language. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. The following ordinance was considered: NO. 99-280 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE DENTON AFFORDABLE HOUSING CORPORATION AND THE SINGING OAKS NEIGHBORHOOD ASSOCIATION SPECIFYING THE TERMS OF THE AGREEMENT CONCERNING THE DEVELOPMENT OF TOLEDO COURT; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance for Item #2. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. The following resolution was considered: City of Denton City Council Minutes August 31, 1999 Page 3 NO. R99-038 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1999 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 1999 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 1900, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 5. The Council held a public hearing and received citizen input on the 1999-2000 proposed budget. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. 6. The Council held a public hearing on a proposal to adopt a tax rate of $.50815 per $100 valuation which will increase total tax revenues from properties on the tax roll by seven point seventy-seven (7.77) percent over last year’s tax revenues. The Mayor opened the public hearing. The following individual spoke during the public hearing: Tillman Uland – consideration of retirees The Mayor closed the public hearing. 3. The Council considered approval of a resolution of the City Council of the City of Denton, Texas announcing that it will vote on a tax rate at its regularly scheduled meeting of September 7, 1999; providing for publication of notice of such vote on the tax rate; and providing an effective date. The following resolution was considered: NO. R99-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY SCHEDULED MEETING OF SEPTEMBER 7, 1999; PROVIDING FOR City of Denton City Council Minutes August 31, 1999 Page 4 PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Council returned to Item #1 1. The Council received a report from the CIP Blue Ribbon Committee Chairperson. Euline Brock, Chair-CIP Committee, presented a report from the Committee. A copy of that report was included in the agenda materials. Council Member Young asked whether the Scott Street project had been considered. Brock indicated that it was on the list that would be prioritized by the Committee. Council Member Burroughs suggested that due to funding constraints, the CIP committee consider grouping the next level of projects below those that were fundable. 4. The Council received a report, held a discussion, and gave staff direction regarding the 1999-2000 operating budget and the 2000-2004 Capital Improvement Program. Jon Fortune, Director of Management and Budget, stated that the Council had received final responses to questions previously asked regarding the budget. He would respond to any additional questions and would have the budget ordinance prepared for Council consideration at the next meeting. 5. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Cochran asked that the Planning staff prepare a report on the zoning distinction at 1508 North Elm Street. B. Council Member Young asked for a work session regarding the terms of office for the Public Utilities Board. With no further business, the meeting was adjourned at 7:25 p.m. _____________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS _________________________ JENNIFER WALTERS CITY SECRETARY, CITY OF DENTON, TEXAS