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Minutes March 17, 1987City M~ The Council convened into Civil Defense Room. PRESENT: Mayor Steph~ Members Chew ABSENT: Council Memb~ 1. The Council held of Texas, Inc. for annexa part of the M. Forrest Sur Walker Survey, Abstract determining whether to bE A-44, A-45, A-46, A-47) Council Minutes rch 17, 1987 the Work Session at 5:30 p.m. in the ~ns; Mayor Pro Tem Alford, Council Hopkins, McAdams, and Riddlesperger ~r Alexander a discussion of a request of Miller lion of approximately 75 acres being vey, Abstract No. 417, and the Gideon No. 1330, for the purpose of gin the annexation process. (A-43, David Ellison, Senior PlaNner, stated that A-43 was a larger tract than the others. The property would eventually become a part of Lakeview. A-43 wgs the only tract that had people and buildings on it. The annexation was a voluntary request of the developers. · Mayo~ Stephens asked why t the surrounding area had o! Ellison replied that at t the developers were stil~ annexation contained all ti at that time. This was ne~ Consensus of the Council w~ 2. The Council rece~ ~anagement letter. %e property had not been annexed when iginally been annexed. e time of the original annexation, acquiring property. The original e property that the developers owned 'ly acquired property. s to continue with the annexation. red a presentation of responses to John McGrane, Director of responses to the Deloitte the City audit. (1) Accounting procedures for capital leases documentation files had begn prepared. (2) Fixed assets reclord - the LGFS software had completely installed and ti 1986-87 financial report. (3) Cash appearance kept and the automated co~ for fiscal year 1987-88. (4) Routine accountin taken to ensure that al recorded. Finance, presented the Council with Haskins and Sells report regarding been ~e system design would be used in the onds - detailed records were being rts system would be on-line in time entries - new steps were being routine accounting entries were City of Denton City Council Minutes March 17, 1987 Page 2 ~ (5) Issuance of cash receipt books books had be~n issued tv/ all departments receipts. (6) Ad Valorem taxes added responsibilities in made to have two employee~ of cash receipt records. - numbered receipt that collect cash - due to limitations of staff and the the tax division, an effort would be open and simultaneously record a log (7) State taxes and Gees - The St. ate of Texas would not make transfers to cities ~o that the recommendation to request the State to deposit or w~re transfer amounts directly into one of the City's bank accounts could not be complied with. (8) Remittance of Gash receipts - a formal written procedure for collection o~ funds would be established. (9) Investment polic~ - a formal investment policy had been adopted by Council. I (10) Prepare a detailed listing of utility accounts receivable at the end of~ each utility billing - two reports were now done on a monthlylbasis. ~ction - existing staff was presently ,rocedures and perform appropriate applicable procedures for uniform :actices. currently, existing staff was being but a new position was being (11) Internal audit fu being used to review examinations and recomme accounting procedures and (12) Budget officer - used for this function recommended. (13) Financial reporting - procedures were being implemented to reduce the~time necessary for month end close, and to provide curren~ information for City Council consideration. (14) Federal revenue si notice was not published wa laring - the oversight that a public s corrected. ~chnicality that was a one time '~ere given by Gary Collins, Director (15) CDBG - minor t occurrence. Data processing responses of Data Processing. He stated that the long range plan was 6 years old. Although the basic plan and the it. ms on the plan were 6 years old, a review and update of the ~lan was done on an annual basis by the steering committee. PAsswords were being changed every 6 months now instead of on an/annual basis. 33 '34 City of Denton City Council Minu~es March 17, 1987 Page 3 3. The Council convenea into Executive Session to discuss legal matters~ real estate, personnel and board appointments. No official action was taken. The Council then convened into a joint meeting with the Airport Advisory Board at 6:30 p.m. in the Civil Defense room. 1. The Council and the Airport Aavisory Board convened into Executive Session to discuss legal matters. No official action was taken. The Council then convened into the regular meeting at 7:20 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alford, Council MemDers Chew, Hopkins, McAdams, and Riddlesperger ABSENT: Council Member Alexander Mayor Stephens presented a proclamation for Camp Fire, Incorporated. Shirley Hensley, District Director of Camp Fire in Denton County, thanked the Council for declaring this week for Camp Fire's birthday. Mayor Stephens presented a proclamation for the Community Development Block Grant Program. Barbara Ross, Community Development Block Grant Program, received the proclamation and stated that several activities were being planned for the NCDA week to increase the awareness of citizens and legislators of the work done by CDBG. 1. The Council considerea approval of the minutes of the special call meeting of October 28, 1986, the joint meeting November 3, 1986 with the DISD, and the regular meeting of January 20, 1987. Riddlesperger motion, McAdams second to approve the minutes as presented. Motion carried unanimously. 2. The Council considered a request from the Lions Club to solicit funds March 21, 1987 on the following street corners: Carroll and Hickory, Carroll and Eagle, and Carroll and Congress. Debra Drayovitch, City Attorney, stated that state law prohibited a person from standing in the roadway for the purposes of soliciting a ride, contributions, or conducting any business from the occupant of a vehicle. Staff interpreted the City of Denton City Counci March 17, 1987 Page 4 state law to include bot~ contained therein. The Co one place it indicated th~ from a sidewalk or should the City Council which ] showing of good cause and one would obstruct a si~ there was a state statute Minutes the actual roadway and any medians de of Ordinances was conflicting. In Lt a person may solicit contributions er of a road with the permission of )ermission would be granted upon a need. Another place stated that no ewalk. Staff knew definitely that ~o reconcile the apparent conflict in the Code. but it was not ready at th Staff was in tlhe process of preparing an ordinance .s time. Council Member McAaams a~ solicit from the curb. Drayovitch stated that wit do so from the curb, conti] Jan Carrington, Denton service was done last yea same areas. No problems ~ked if someone could or could not h the Council's permission, they may ~gent on showing good cause and need. ~ions Club, stated that this same ~as far as soliciting money in the or conflicts were reported at that time. permission to solicit mon. question he was concerned Were they allowed to get o would restrict them from c¢ They were again c~)ming before the Council to request Drayovitch stated again within the duties and po% authority to enforce the Mayor Stephens stated that the City was protected w Council would not permit authorize. Drayovitch replied that it other people, the Club and vehicles. ~y as they had done in the past. A with was the question of the median. n the median, the center. If not, it ~llecting money. .he state law in that it would be ~ers of police officers to have the ~W, the Council was trying to make sure Lthin it's liability coverage. The ~ore than the law permitted them to was to not only protect the City but the passengers and drivers of other Mayor Stephens statea thalt if the Club had any questions as I they worked out details, i they would be free to contact the Attorney's office for further clarification. Riddlesperger motion, ChewI second to allow the Club to solicit on the mentioned City stregts. Motion carried unanimously. e Public Hearings A. The Council considered a petition of Manor Green, Inc. requesting an amendment to a planned development (PD-65) and approval of a detaile~ plan. The property is located on the west side of FM 2181, ~pproximately 1,000 feet south of the 35 City of Denton City Council Minutes March 17, 1987 Page 5 intersection of Teasley Lane (FM 2181) and Lillian Miller Parkway. The. property was part of the Bent Oaks Subdivision and shown in the C. Poullalier Survey No. 1006. If approved, the amendment to the planned development would allow the development of duplexes and zeiro lot line housing on the sections previously approved for duplex housing. (The Planning and Zoning Commission recommends approval.) Z-1852. The Mayor opened the public hearing. Marshall Everet spoke in favor of the petition. He stated that they were requesting an amendment to their zoning ordinance to allow detached versus strictly attached structures on approximately half of their lots. There would be no density change in the request and no increase in the number of units. They had worked with the people in Southmont to leave the western Doundary as duplexes to their satisfaction and had worked with the two homeowners in their development to provide the same set-backs between the buildings that they originally had planned. They were also ~requesting that the fencing requirement be removed from the ordinance. Originally a fence was included in the ordinance far the entire subdivision. A solid brick wall had been constructed on the eastern boundary which was the entrance to Bent Oak subdivision. That buffered the road from the duplexes but also two office lots were there to buffer the duplexes from the residential areas. The south property had a heavily wooded terrain and fencing that would delete some of the current view. The western side was fenced by Southmont and the north side adjoined the Sam Houston Elementary School. Several requests were made from people in the area not to fence that area so that their children could continue to walk through the field!to get to school. Mitchell Turner spoke in opposition. He was opposed to the appearance of the narrow, small lots. He stated that dropping the fence requirement was a last minute addition, just before the Planning and Zoning Commission, as far as the public was concerned and there was not an adequate amount of time allowed to consider the change. If the zoning remained the same as it currently was, as luxury duplexes, he would agree that fences were not needed. But if the changes were approved with the small lots, fencing woula be required to screen the 16 acres off from the adjoining developments and the neighborhoods in that part of town. The change would also create some neighborhood protection problems. He asked that the Council keep the zoning as it currently was. If the changes were approved, he requested that the fence requirement remain so that the area would be screened off from the adjoining neighbor- hoods. Also, if it were approved, some basic restrictions would be needed to cover house size, type of construction and rear garage entry which would give neighborhood protection and also consistency in that development. ! City of Denton City Counci1 Minutes March 17, 1987 Page 6 . Everet was allowed a rebutt Everet responded that the ~ request to the Planning an. in the original petition had not been set at this .al. ~encing request was not a last minute ~ Zoning Commission. It was included no the City. Minimum square footage me. The Mayor closed the puDli~ hearing. Cecile Carson, Urban Planner, stated that this was an amendment to an existing planned development that allowed duplex and office land use. The amendment would allow a mixture of duplex and residential and zerol residential housing on previously approved duplex lots. Staff's option that the compatibility in the subdivision would not ~e affected and the tendency to have other detached residentiali on adjoining property would be more clearly established by th~ amendment. Intensity and density would not be affected. 231reply forms were mailed, 12 returned in favor. Neighbors seeme9 to be in agr~eement with removal of the fence condition. Staff recommended that the fence requirement be withdraw~ and individual property owners determine the need for a f~nce. Council Member RidHlesperg~r asked if the buildings were to be duplexes on zero lot lines.i Carson replied that then would be single family detached residences. There would Re a mixture in the neighborhood of the duplexes and the zero l~ot lines. McAdams motion, Chew second to direct staff to prepare an ordinance as per the conditions of the Planning and Zoning Commission. Motion carriedl unanimously. B. The Council i held a a public hearing on the request of Teasley Roa~ Associates for annexation of approximately 80.82 acresI being part of the James Coltart Survey, Abstract 288, and ~ocated northwest of Loop 288, north of Kings Row, and west of F~rris Road. (A-42) The Mayor opened the publici hearing. Brian Burke, Burke Engineering, spoke in favor of the petition. He stated thatI this was a voluntary annexation. Residential zoning was planned for the near future. No one spoke in opposition. The Mayor closed the public hearing. 38 City of Denton City Council Minutes March 17, 1987 Page 7 David Ellison, Senior Planner, stated that there was not existing population or land uses affected by the annexation proposal. Three reply forms were mailed, 2 returned in favor, none in opposition. This wouldi be the last required public hearing. ~ Consensus of the Council was to proceed with the annexation process. 4. Consent Agenda McAdams motion, Hopkins second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda A. Bids and Purchase Orders: 1. Bid #9712 - Eagle Drive Sanitary Sewer Line 2. Bid #9720 - Savannah Trail 8" Water line 3. Bid #9721 - Croydon, Imperial, Dotson Streets Water lines 4. Bid #9710 - Computer Supplies B. Plats and Replats Consiaer approval of preliminary and final replat of Lotsi5 and 6, Block G, of Section I, Cooper Crossing. (The Planning and Zoning Commissilon recommends approval.) 5. Ordinances Consider approval of final replat of Lots 1-4, Block 6,~ of the Northside Addition. (The Planning and Zoning Commission recommends approval.) Consider approval of preliminary and final plat of the Te!xas Instruments Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) A. The Council consiaered adoption of an ordinance accepting competitive bias and providing for the award of contracts for the purchase of materials, equipment, supplies or services. City of Denton City Counci~ Minutes March 17, 1987 Page 8 The following ordinance wa~ considered: NO. 87-047 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVI..E$, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; ~ND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call voter McAdams "ayle," Hopkins "aye," Alford "ayes" Riddlesperger "aye," Chew! "aye," and Mayor Stephens "aye." Motion carried unanimously~ B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public workslor improvements. The following ordinance was considered: iNO. 87-048 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. call vote, McAdams "aye," Hopkins "aye," Alford Riddlesperger "aye," Chewi "aye," and Mayor Stephens Motion carried unanimously~ On roll "aye," "aye." C. The Council iconsidered adoption of an ordinance directing publication of notice of intention .to issue city of Denton, Texas, General Obiligation Bonds, Series 1987 in the principal amount of $3,500, The following ordinance was AN ORDINANCE DIRE~ OF BONDS considered: 87-049 ~TING THE ISSUANCE OF NOTICE OF SALE John McGrane, Director of Finance, stated that the City Charter required a notice be published 30 days prior to the sale of any bonds. This authorized publication in two periodicals of that intent, one on a national l!evel, one on a local level. 39 City of Denton City Council Minutes March 17, 1987 Page 9 Riddlesperger motion, Alford second to adopt the ordinance. On roll call vo~e, McAdams "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of ordinance amending annexation ordinance 85-210 to provide for the correction of an error in the metes and bounds description of "Tract 2" as described in the ordinance annexing a total of approximately 304.92 acres being part of the W. Durham Survey, Abstract No. 330, and the M. Forrest Survey, Abstract No. 417, Denton County, Texas. (A-23) The following ordinance was considered: NO. 87-050 AN ORDINANCE OF THE CITY OF DENTONt TEXAS, AMENDING ANNEXATION ORDINANCE NO. 85-210 TO PROVIDE FOR THE CORRECTION OF AN ERROR IN THE METES AND BOUNDS DESCRIPTION OF A PORTION OF THE LAND ANNEXED; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins secona to adopt the ordinance. On roll call vote, McAdams "ayet" Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance amending Chapter 4 of the Code of Ordinances providing for the disposition and handling of vicious animal complaints. The following ordinance was considered: NO. 87-051 AN ORDINANCE OF THE CITY OF DENTON~ TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES RELATING TO ANIMALS; AMENDING PROVISIONS RELATING TO THE IMPOUNDMENT OF ANIMALS AND THE PAYMENT OF FEES; PROVIDING FOR PROCEDURES FOR THE FILING AND INVESTIGATION OF COMPLAINTS OF ANIMALS ATTACKING OR BITING PERSONS OR ANIMALS; PROVIDING FOR IMPOUNDMENT AND DESTRUCTION OF ANIMALS DETERMINED TO BE DANGEROUS AFTER NOTICE AND HEARING; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF TWO HUNDRED DOLLARS ($200.00) FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILIT¥ CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Counci~ Minutes March 17, 1987 i Page 10 i Bill Angelo, Director of iCommunity Services, stated that the ordinance all~wed for impounded animals to be housed at local vet's offices. Language lhad been inserted by the attorney's that if an order for destiruction was issued, the vet did have to surrender the animal !to the City. Penalities would be imposed if they failed toido so. Fees/payment for housing the animal would be between ~he owner and the vet, not with the City. Mayor Stephens asked for the names of the committee members. Angelo replied Mark Wiser~ Vicki Christensen, Sam Rainey, Dr. Scott, Noni Kull, and BilliAngelo. Vera Knopp stated that she did not know of the meeting two weeks ago and wondered wha~ the new ordinance was all about. Angelo presented a brief oUtline of the ordinance. Knopp stated that she was very pleased with the new ordinance and that it had very favorable conditions contained within it. Chew motion, Hopkins secol:ld to adopt the ordinance. On roll call vote, McAdams "ay~ ," Hopkins "aye~" Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously 6. Resolutions A. The Council considered approval of a resolution approving a contract between the City of Denton and the Texas Department of Community iAffairs providing funding for the Rental Rehabilitation Program in the amount of $100,000. The following resolution was considered: RESOLUTION NO. R87-023 41 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT WITH TiHE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS TO RECEIiVE FUNDING FOR AND ADMINISTER THE TEXAS RENTAL REHABILITATION PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.I Barbara Ross, Community Development Block Grant Program, stated that the rental rehabilitation program had recently been revised and that seeme~ tq have generated a lot more interest from developers and landlords. City of Denton City Council Minutes March 17, 1987 Page 11 McAdams motion, Chew second to approve the resolution. call vote, ~cAdams "aye," Hopkins "aye," Alford Riddlesperger "aye," Chew "aye," and Mayor Stephens Motion carried unanimously. On roll "aye," "aye." B. The Council considered approval of a resolution temporarily closing portions of Welch, Highland, Avenue C, and Mulberry Streets for a NTSU Cycling Club race. The following resolution was considered: RESOLUTION NO. R87-024 A RESOLUTION TEMPORARILY CLOSING WELCH STREET, HIGHLAND STREET, AVENUE C AND MULBERRY STREET ON SUNDAY, MARCH 29, 1987, AND DECLARING AN EFFECTIVE DATE. Mayor Stephens asked for a clarification of the exact route. Ken Royal, Coach of the North Texas Cycling Team, stated that a portion of the route would go through the University on a service road behind the English building. Council Member McAdams left the meeting. Hopkins motion, Chew second to approve the resolution. call vote, Hopkins "aye," Alford "aye," Riddlesperger Chew "aye," and Mayor Stephens "aye." Motion unanimously. Council Member McAdams returned to the meeting. Miscellaneous matters from the City Manager On rol 1 "aye," carried Rick Svehla, Assistant City Manager, stated that there were no items to be presented. Mayor Stephens stated that a citizen had asked to be heard regarding Flow Hospital. Mr. Michael DeWayne Kubicek stated that he was a concerned citizen regarding Flow Hospital. He stated that he could raise the funds necessary to keep Flow open. He had talked to various people about raising the funds. He could not find any one who would authorize his raising the funds needed. Mayor Stephens asked how he would go about raising the funds. City of Denton City Council Minutes March 17, 1987 Page 12 Kubicek stated that different entities would help raise the funds. Robert, Woods and Johnson had set up a fund for any worthwhile community project, the JC's would help, homeowners, and phone solicitation. Council Member McAaams asked if Mr. Kubicek had talked with Mike Whitten of the Flow Hospital Board. Kubicek stated that he had attended the last Board meeting and had given them a proposal. He stated that the Board could not say yes or no because it was a concern of the City and not of their own. It was more a City concern since it was a City/County hospital. They could not say yes or no to approve him to go ahead and get the funds necessary for them. Council Member Riddlesperger stated that since Flow was joint City/County, it would not be right for one to give permission to do that. The joint Board should be the one to authorize such a proceeding. Riddlesperger motion, Alford second to direct staff to prepare a resolution establishing the Hospital Board as the correct group to enter into fund raising. Motion carried unanimously. 8. There was no official action taken on Executive Session items of legal matters, real estate, personnel and board appointment. 9. New Business No items of new business were suggested by Council Members. 10. The Council did not reconvene into Executive Session. McAdams motion, Hopkins second to adjourn the meeting. Motion carried unanimously. With no further business, the meeting was adjourned at 8:25 p.m. ACTING4 CITYSECRETARY CITY OF DENTON, TEXAS 2615C