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08.15.1995 Town Council Minutes167 REGULAR CITY COUNCIL MEETING TUESDAY AUGUST 15, 1995 CITY HALL -109 SOUTH MAIN STREET 8:00 P.M. THOSE PRESENT: MAYOR, DON BROWN: COUNCILMEMBERS; DAVID FERGUSON, RALPH BOYER, AND STEPHEN COFFMAN. DAN CHRISTIE WAS ABSENT. CALL TO ORDER: MAYOR BROWN CALLED THE MEETING TO ORDER. CONSIDER AND ACT UPON APPOINTMENT OF GRADY SMOTHERMON TO FILL THE PLACE 3 CITY COUNCIL VACANCY LEFT BY THE JULY 11, 1995 RESIGNATION OF MIKE DALTON; AND UPON APPROVAL OF APPOINTMENT, ADMINISTER OATH OF OFFICE: MOTION BY RALPH BOYER AND SECONDED BY DAVID FERGUSON TO APPOINT GRADY SMOTHERMON TO THE PLACE 3 COUNCIL POSITION. MOTION CARRIED. GRADY SMOTHERMON WAS ADMINISTERED THE OATH OF OFFICE BY SHIRLEY JACKSON, NOTARY, UPON TAKING OATH, GRADY TOOK HIS PLACE ON THE COUNCIL. CONSIDER AND ACT UPON RESIGNATION OF DON BROWN, MAYOR; UPON APPROVAL OF RESIGNA- TION, COUNCIL MEMBER PLACE 5, STEPHEN COFFMAN, MAYOR PRO -TEM WILL MOVE TO THE MAYOR POSITION. MOTION BY DAVID FERGUSON AND SECONDED BY RALPH BOYER TO ACCEPT THE RESIGNATION OF DON BROWN. MOTION CARRIED. UPON RESIGNATION OF DON BROWN, STEPHEN COFFMAN MOVED INTO THE MAYOR POSITION AND TOOK OVER THE REMAINDER OF THE MEETING. CONSIDER AND ACT UPON APPOINTMENT OF BILL NISWANGER TO FILL THE PLACE 5 CITY COUNCIL VACANCY LEFT BY THE MOVE OF STEPHEN COFFMAN TO MAYORS POSITION, UPON APPROVAL OF APPOINTMENT,ADMINISTER OATH OF OFFICE. MOTION BY RALPH BOYER AND SECONDED BY DAVID FERGUSON M APPOINT BILL NISWANGER TO THE PLACE 5 SEAT ON THE CITY COUNCIL. MOTION CARRIED. UPON APPROVAL OF APPOINTMENT, OATH OF OFFICE WAS ADMINISTERED TO BILL NISWANGER BY SHIRLEY JACKSON, NOTARY. APPROVAL OF MINUTES FROM JULY, 1995 MEETINGS: MOTION BY RALPH BOYER AND SECONDED BY DAVID FERGUSTON TO APPROVE THE MINUTES AS WRITTEN. MOTION CARRIED. APPROVAL OF FINANCIAL REPORT & BILLS FOR JULY, 1995: MOTION BY RALPH BOYER AND SECONDED BY GRADY SMOTHERMON TO APPROVE THE FINANCIAL REPORT FOR JULY, 1995 AND BILLS FOR PAYMENT. MOTION CARRIED. RADEAN HERRON, TAX A/C - REPORT OF TAX COLLECTIONS ENDING JULY, 1995: RADEAN WAS PRESENT FOR THE MEETING AND GAVE HER REPORT IN PERSON. 98.59% OF THE 1994 TAXES HAVE BEEN COLLECTED THRU JULY, 1995. SUBMISSION & APPROVAL OF APPRAISAL ROLL: MOTION BY GRADY SMOTHERMON AND SECONDED BY BILL NISWANGER TO APPROVE THE APPRAISAL ROLL FOR 1995. MOTION CARRIED. CERTIFICATION OF ANTICIPATED COLLECTION RATE: MOTION BY GRADY SMOTHERMON AND SECONDED BY BILL NISWANGER TO APPROVE THE ANTICIPATED COLLECTION RATE. MOTION CARRIED. CERTIFICATION OF EXCESS COLLECTIONS: MOTION BY GRADY SMOTHERMON AND SECONDED BY BILL NISWANGER TO APPROVE THE EXCESS COLLECTION RATE. MOTION CARRIED. APPOINTMENT OF RADEAN HERRON TO CALCULATE & PUBLISH THE EFFECTIVE TAX RATE: MOTION BY RALPH BOYER AND SECONDED BY BILL NISWANGER TO APPROVE RADEAN HERRON TO CALCULATE & PUBLISH THE EFFECTIVE TAX RATE. MOTION CARRIED. SUBMISSION OF PROPOSED CITY BUDGET FOR FISCAL YEAR 1995-1996: THE COUNCIL WAS PRESENTED COPIES OF THE PROPOSED BUDGET FOR THE 95-96 YEAR. A BUDGET HEARING WILL BE HELD ON SEPTEMBER 12, 1995 PRIOR TO THE REGULAR SCHEDULED MEETING. cwznt O• CONT. PAGE 2 SUBMISSION AND ACTION ON REQUEST FOR ANNEXATION BY RICHARD HOFF AT #6 AND DAN CHRISTIE AT #7 PASEWARK CIRCLE: MOTION BY RALPH BOYER AND SECONDED BY DAVID FERGUSTON TO ACDEPT PETITIONS FOR ANNEXATION FROM BOTH REQUEST. MOTION CARRIED. ACTION ON APPROVAL OF AMENDMENT OF TO CITY ORDINANCE NO 88-10: MOTION BY DAVID FERGUSON AND SECONDED BY GRADY SMOTHERMON TO HAVE THE S.P.C.A. GIVE A REPORT ON VIOLATIONS AT THE SEPTEMBER MEETING AND TABLE AMENDMENT TO ORDINANCE N.O. 88-10 UNTIL THAT TIME. MOTION CARRIED. REQUEST FROM COLLIN COUNTY LAND COMPANY TO RELEASE A 25 FOOT ROAD EASEMENT ON LOT 28A RHEA MILLS CIRCLE: MOTION BY RALPH BOYER AND SECONDED BY BILL NISWANGER TO REJECT THE REQUEST TO RELEASE THE EASEMENT. MOTION CARRIED. ERIC HAVENS AND/OR LORI & WYNDELL FERRELL ON FIFTH STREET EASEMENT BETWEEN PARVIN AND CHURCH STREETS: LORI FERRELL AND ERIC HAVENS MEI' WITH THE COUNCIL ASKING FOR REFLECTIVE POST ON BOTH ENDS OF THE FIFTH STREET EASEMENT BETWEEN PARVIN AND CHURCH STREET. MOTION BY RALPH BOYER AND SECONDED BY DAVID FERGUSON TO PUT THE POST UP IN CITY EASEMENT. MOTION CARRIED. REQUEST FOR A MODUALR HOME VARIANCE BY LUIS MARTEN TORRES ON HIS PROPERTY LOCATED AT 206 WEST FIFTH STREET: MOTION BY GRADY SMOTHERMON AND SECONDED BY RALPH BOYER TO GRANT REQUEST FOR VARIANCE. MOTION CARRIED. PRESENTATION OF PETITION ON HIRING PROCEDURES FOR CITY EMPLOYEES: FORREST BENTLEY PRESENTED TO THE CITY A PETITION TO IMPLEMENT PRACTICES FOR HIRING OF CITY Cg DAVID FERGUSTON, COUNCILMEMBER PLACE 2 ALSO PRESENTED 1RE l�.Vl7Nl-.IL WITH A SHEET v13 HIRING PROCEDURES. NO ACTION WILL BE TAKEN ON THIS UNTIL THE SEPTEMBER 17 1995 MEETING MOTION RV RALPH BOY RNiM SECONDED BY DAVID FERGUSON TO TABLE. MOTION CARRIED. ACCEPTANCE AND ACTION ON RESIGNATION OF WATER & SEWER SUPERINTENDENT, THOMAS_ A. BURKETT ON JULY 28, 1995: MOTION BY RALPH BOYER AND SECONDED BY BILL NISWANGER TO ACCEPT THOMAS A. BURKETTS RESIGNATION AS WATER & SEWER SUPERINTEN- DE`V`T'. MOTION CARRIED. APPOINTMENT OF MAYOR PRO -TEM: MOTION BY DAVID FERGUSON AND SECONDED BY RALPH BOYER TO APPOINT GRADY SMOTHERMON MAYOR PRO -TEM. MOTION CARRIED. RECESS INTO CLOSED MEETING: MOTION BY RALPH BOYER ASID SECONDED BY BILL NISWANGER TO RECESS INTO CLOSED MEETING AT 9:20 P.M. MOTION CARRIED. RECONVENE INTO REGULAR SESSION: THE COUNCIL RECONVENED INTO REGULAR SESSION AT 9:45 P.M. NO ACTION WAS TAKEN AS A RESULT OF THE CLOSED SESSION. ADJOURN: MOTION BY DAVID FERGUSON AND SECONDED BY BILL NISWANGER TO ADJOURN. MAYOR ~ CI S Y