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Home My WebLink About1994-09-13 Special Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNGL MEETING TUESDAY, SEPTEMBER 13, 1994 AT 7:15 P.M. CONFERENCE ROOM #204 307 WEST DALLAS ROAD CALL TO ORDER EXECUTIVE SESSION 1 . City Council to conduct a closed session relative to: A. Real Property (relative to right-of-way acquisition on Hall-Johnson Road) under Section 551 .072, Texas Govemment Code. City Council to reconvene in open session and take any necessary action relative to pending or contemplated litigation under Sections 551 .071, personnel under Section 551 .074 and real property under 551 .072, Texas Government Code. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABIUTY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT ' THE CITY SECRETARY'S OFFICE AT (817) 481-0392 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551 .001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 9th DAY OF September, 1994 AT 5:00 P.M. Lin Huff City Secretary t . � �: STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session on this the 13th of September, 1994 at 7:15 p.m. in Conference Room #204, 307 West Dallas Road, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member Gil Traverse Council Member Jerry L. Pittman Council Member Will Wickman Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the City Staff: Trent Petty City Manager Ben A. Brooks Assistant City Attorney Linda Huff City Secretary David Tesmer Assistant to City Manager �ALL TO ORDER Mayor Pro Tem Ware called the meeting to order at 7:24 p.m. ITEM 1 . EXECUTIVE SESSION Mayor Pro Tem Ware announced the City Council would conduct a closed session regarding real property (relative to right-of-way acquisition on Hall-Johnson Road) under Section 551 .072, Texas Government Code. NOTE: Mayor Tate arrived during Executive Session. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Trent Petty stated there was no action necessary relative to real property under Section 551 .072, Texas Government Code. NOTE: City Council continued with the Special 7:30 P.M. City Council meeting. NOTE: Council Member Wilbanks arrived prior to beginning of the 7:30 City Council Meeting. 09/13/94 ADJOURNMENT Council Member Pittman, seconded by Council Member Wickman, offered a motion to adjourn the meeting at 7:45 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of October , 1994. APPROVED: � .•- William D. Tate Mayor ATTEST: ��, Lind Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCII. MEETING TUESDAY, SEPTEMBER 13, 1994 AT 7:30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD CALL TO ORDER INVOCATION: Mayor Pro Tem Ted R. Ware NEW BUSINESS 1 . Consider an ordinance adopting Fiscal Year 1994-95 (FY95) budget and take any necessary action. 2. Consider an ordinance adopting Fiscal Year 1995 ad valorem tax rate at 5.4250 per S 100 valuation and take any necessary action. 3. Consider an ordinance calling a bond election for October 29, 1994 and take ' any necessary action. PUBLIC HEARINGS 4. Conduct a public hearing relative to the rate filing by Paragon Cable, consider a resolution suspending the rate filing and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Counci� or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. : 5. Consider an ordinance establishing a lease fund for capital purchases for Fiscal Year 1994-95. Finance Director recommends approval. PURSUANT TO THE TEXAS OPEN MEETINGS ACT, TEXAS GOVERNMENT CODE, CHAPTER 551 .001 et seq, ONE OR MORE OF THE ABOVE ITEMS MAY BE CONSIDERED IN EXECUTIVE SESSION CLOSED TO THE PUBLIC. ANY DECISION HELD ON SUCH MATTER WILL BE TAKEN OR CONDUCTED IN OPEN SESSION FOLLOWING THE CONCLUSION OF THE EXECUTIVE SESSION. ' MISCELLANEOUS REPORTS AND/OR DISCUSSION ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 481-0392 AT LEAST 24 HOURS W ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551 .001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 9TH DAY OF SEPTEMBER, 1994 AT 5:00 P.M. Lin Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session on this the 13th day of September, 1994 at 7:30 p.m. in the Council Chambers, Municipal Court Room #205, 307 West Dallas Road, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Gil Traverse Council Member Jerry L. Pittman Council Member Will Wickman Council Member constituting a quorum, with the following members of the City Staff: Trent Petty City Manager Ben A. Brooks Assistant City Attorney Linda Huff City Secretary David Tesmer Assistant to City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION Mayor Pro Tem Ware delivered the Invocation. ITEM 1 . ORDINANCE. ADOPT FISCAL YEAR 1994-95 (FY95) BUDGET City Manager Trent Petty stated the budget meets the stated goals of the City Council for Fiscal Year 1994-95 within the existing tax rate of 5.4250. Mr. Petty requested the City Council approve an ordinance adopting the Fiscal Year 1994-95 (FY95) Budget. There were no questions from the City Council. Mayor Pro Tem Ware, seconded by Council Member Wilbanks, offered a motion to adopt the budget for Fiscal Year 1994-95 (FY951. The motion prevailed by the following vote: 09/13/94 - Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ORDINANCE N0. 94-70 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ADOPTING THE BUDGET FOR THE CITY OF GRAPEVINE, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995; PROVIDING FOR INTRA- AND INTER- DEPARTMENTAL FUND TRANSFER; PROVIDING , FOR INVESTMENT OF CERTAIN FUNDS; - DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE ITEM 2. ORDINANCE, ADOPT AD VALOREM TAX RATE City Manager recommended the City Council approve an ordinance adopting a tax rate of S.4250 per S100.00 valuation for Fiscal Year 1994-95 apportioned as follows: General Fund 5.2908 Debt Service Fund S.1342 Council Member Pittman, seconded by Council Member Traverse, offered a motion to adopt the ordinance setting the tax rate at S.4250 per 5100.00 valuation. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ORDINANCE NO. 94-71 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SETTING THE ANNUAL TAX RATE FOR TAX YEAR 1994; LEVYING TAXES FOR THE TAX YEAR 1994 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING PENALTIES AND INTEREST FOR THE DELINQUENT TAXES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 2 09/13/94 ITEM 3. ORDINANCE, CALL 1994 BOND ELECTION City Manager Petty stated the Capital improvement Projects (CIP) Committee recommended the City Council adopt an ordinance calling a bond election to be held on October 29, 1994 to include four (4) propositions totaling $13,125,000.00. The four propositions are as follows: 1) Streets - 53,000,000.00; 2) City Hall - S3,500,000.00; 3) Community Activities Center - S5,065,000.00; and 4) Outdoor Swimming Pool - 51,560,000.00. There were no questions from the City Council. Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a motion to ' adopt the ordinance calling the $13,125,000.00 bond election for October 29, 1994. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ORDINANCE N0. 94-72 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS CALLING A BOND ELECTION TO BE HELD WITHIN THE CITY, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY ITEM 4. PUBLIC HEARING, PARAGON CABLE RATE REQUEST RESOLUTION, TOLLING PARAGON CABLE'S RATE REQUEST Mayor Tate declared the public hearing open. Interim Internal Services Director Michael Webb briefly reviewed the cable television basic service rate regulations that were adopted by the City of Grapevine in February, 1994. The City notified Paragon Cable of the City's right to regulate basic service rates and that Paragon Cable would be required to submit FCC forms to the City. In July 1994, the City adopted an ordinance establishing the initial permitted basic service rates, which resulted in lowering the basic cable rate and other charges which Paragon Cable has objected to and filed a complaint with the FCC. Effective in July, the FCC mandated additional cable rate reductions which required Paragon Cable to file FCC 1200 series forms with the City. 3 09/13/94 Mr. Webb recommended the City Council consider an resolution suspending the rates for 90 days from August 15, 1994 to allow evaluation of Paragon Cable's latest filing and to ensure they have included the reductions which the City previously required in its rate order. Mayor Tate invited guests present to comment regarding Paragon Cable rates. No one wished to speak and there was no correspondence to report. Council Member Wilbanks, seconded by Council Member Traverse, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None Council Member Traverse, seconded by Council Member Wickman, offered a motion to adopt the resolution suspending the rates for 90 days. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None RESOLUTION N0. 94-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS PROVIDING THAT THE CITY COUNCIL HAS BEEN UNABLE TO DETERMINE AT THIS TIME THE REASONABLENESS OF BASIC CABLE SERVICE RATES SUBMITTED, PROVIDING FOR TOLLING THE INITIAL PERMITTED BASIC SERVICE RATES FOR A PERIOD NOT TO EXCEED 90 DAYS AND PROVIDING FOR AN EFFECTIVE DATE CONSENT AGENDA The next order of business for the City Council to consider was the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. 4 09/13/94 Item 5. Ordinance. Amend Ordinance No 93-42 Establish Lease Fund Finance Director recommended approval of an ordinance amending Ordinance No. 93-42, which adopted Fiscal Year 1993-94 Budget, to establish a lease fund for capital purchases beginning in the fiscal year starting October 1, 1994. Council Member Wilbanks, seconded by Pittman, offered a motion to adopt the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ORDINANCE NO. 94-73 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE N0. 93-42 RELATING TO THE FISCAL YEAR 1993-94 BUDGET BY AMENDING SECTION 1; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Council Member Pittman, seconded by Council Member Wickman, offered a motion to adjourn the meeting at 7:45 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of October , 1994. APPROVED: .-. �� William D. Tate Mayor 5 ATTEST: in a Huff City Secretary �. � � � A :� � i � MINUTES AND CERTIFICATION PERTAINING TO { ' � PASSAGE OF AN ORDINANCE ; � , � THE STATE OF TEXAS § � COUNTIES OF TARRANT AND DALLAS § ' CITY OF GRAPEVINE � � ; � On this the 13th day of September, 1994, the City Council of � the City of Grapevine, Texas, convened in Regular Session at the 7 regular meeting place thereof, the meeting being open to the public ' and notice of said meeting, giving the date, place and subject � thereof, having been posted as prescribed by Chapter 551, Texas Government Code, as amended,and the roll was called of the duly constituted officers and members of the City Council, which officers and members are as follows: ; William D. Tate Mayor Ted R. Ware Councilmember Sharron Spencer Councilmember C. Shane Wilbanks Councilmember Gil Traverse Councilmember Jerry L. Pittman Councilmember ' Will Wickman Councilmember and all of said persons were present, except the following absentees• None , thus constituting a quorum. ' Whereupon, among other business, a written Ordinance bearing the , ; following caption was introduced: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN THE CITY, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Ordinance, a full, true and correct copy of which is attached hereto, was read and reviewed by the City Council. Thereupon, it was duly moved and seconded that the Ordinance : i be finally passed and adopted. The Presiding Officer put the ; motion to a vote of the members of the City Council, and the , Ordinance was finally passed and adopted by the following vote: ; AYES: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman and �Nickman . NOES: None ABSTENTIONS: None � The Presiding Officer then declared the Ordinance passed and , i approved, and signed the same in the presence of the City Council. { � � BAB-HBBF.372-2 3 3 � : ` � � 1 �:� � MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, and to correctly reflect the duly constituted officers and members of the City Council of said City, and the attached and following copy of said Ordinance is hereby certif ied to be a true and correct copy of an official copy thereof on file among the official records of the City, all on this the 13th day of September, 1994. d�c. C ty Secre City of Grapevine, Texas [SEAL] y BAB-HBBF.372-2 2