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Minutes April 21, 198779 CITY COUNCIL MINUTES April 21, 1987 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton, and Hopkins ABSENT: None 1. The Council convenea into Executive Session to discuss legal matters, real estate, personnel and board appointments. More specifically a six month evaluation of the Municipal Judge and the City's representation on the Texas Municipal League were discussed under personnel/board appointments. No official action was taken. The Council then convened into the regular meeting at 7:10 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None Item #2 was moved ahead in the order. 2. The Council presented a resolution of appreciation to Hugh Lynch. The following resolution was presented: RESOLUTION IN APPRECIATION OF "CHIEF HUGH LYNCH" WHEREAS, WHEREAS, after serving as a patrol officer for the City from 1953 to 1966, as captain of patrol from 1967 to 1969, as captain of the Criminal Investigation Division of the Police Department from 1969 until 1980 when he became acting chief, and as Police Chief for the City of Denton since 1981, Chief Hugh Lynch has resigned; and during his tenure with the City, Chief Lynch has been a member of the International Association of Police Chiefs, of the Texas Police Association, of the Texas Law Enforcement Intelligence Units Association, of the North Texas Police Chiefs Association, and of the Denton County Police Chiefs Association; and 80 City of Denton City Council Minutes April 21, 1987 Page 2 WHEREAS, Chief Lynch's dedication to his profession and the com~lunity is evidenced by his implementation of the crime prevention program, the training program, traffic department, take-home car policy and the new tactical unit; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of Chief Hugh Lynch and wish to recognize same; WHEREAS, Hugh Lynch has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues and citizens of Denton; NOW, THEREFORE, BE IT RESOLVED: that the sincere and warm appreciation of Hu~h Lynch felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas and forwarding to him a true copy thereof as a token of our appreciation. PASSED AND APPROVED this the 21st day of April, 1987. RAY STEPHENS, MAYOR LINNIE MCADAMS MAYOR PRO TEM RANDALL BOYD COUNCIL MEMBER HUGH AYER COUNCIL MEMBER JANE HOPKINS COUNCIL MEMBER JIM R. ALEXANDER COUNCIL MEMBER BOB GORTON COUNCIL MEMBER City of Denton City Council Minutes April 21, 1987 Page 3 ATTEST: JENNIFER WALTERS ACTING CITY SECRETARY 81 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH CITY ATTORNEY McAdams motion, Alexander second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Hugh Lynch, former Chief of Police, thanked that Mayor and the Council and stated that it was a pleasure to serve as an officer and a Chief for the City of Denton. 3. The Council presented a Medal of Valor to Mr. Mike Sessions, Driver/Paramedic-City of Denton Fire Department. Mayor Stephens read a letter from Captain Mike Taylor-Station #3, which detailed the heroic actions by Mike Sessions after witnessing a traffic accident. The Medal of Valor was the second highest honor awarded by the Denton Fire Department. It was awarded only to those Denton Fire Fighters who had exhibited an act or acts of conspicuous bravery above and beyond the call of duty in which grave personal harm was a very apparent possibility. The act would be beyond the realm of routine fire suppression activity and was typically during an attempt to save a human life. Chief Cook and the Mayor presented the Medal of Valor to Mike Sessions. Mike Sessions thanked the Council and the Fire Department for the honor they had given him. The Mayor presented a proclamation to Dr. Darrell Bulls for his many contributions to the community among which were the Chairman of the Board of Directors of the Denton Chamber of Commerce, the Leadership Denton Program, and United Way. Dr. Bulls thanked the Council for the proclamation and stated that Denton was a great community to live and work in. 8¸2 City of Denton City Council Minutes April 21, 1987 Page 4 4. The Council received and tabulated bids for the purchase of $~,500,000.00 of General Obligation bonds. Frank Medanich, First Southwest Company, stated that there were 7 bids received. The bids and the net interest rates were as followed: Lovett-Mitchell, 7.884186; Interfirst, 7.9801; Merrill Lynch, 7.8988; Republic Bank-Dallas, 8.043605; M Bank, 7.95796; Underwood-Neuhaus, 7.99879; Smith Barney and Co., 8.02035. Frank and David Medanich and Paul Horton retired to tabulate the bids. The Council returned to the regular agenda order. 1. The Council considered approval of the minutes of regular meeting of March 10, 1987 and March 17, 1987 and the special call meeting of March 24, 1987. Alexander motion, McAdams second to approve the minutes as presented. Motion carried unanimously. 5. The Council received an annual report by the Denton Convention and Visitors Bureau. Bob Wooden, Denton Chamber of Commerce, presented packets to the Council regarding the Visitors and Convention Bureau which marked the llth year of operation. Mr. Wooden presented an overview of the activities of the Council. He stated that some areas of focus for 1987-88 were raising the number of conventions/meetings held in Denton, publishing a new Denton brochure, Lake Ray Roberts, and the North Texas Film Commission. Mayor Stephens and the Council thanked the Denton Chamber of Commerce for the report. 6. The Council received a request from Mr. Carl Williams to waive fees for the Fred Moore Park on June 18-20, 1987 for the Denton County NAACP to sponsor a Juneteenth celebration. Carl Williams thanked the Council for the opportunity to ask again for the opportunity to sponsor the Juneteenth celebration. Carl Young had asked the Council to address this issue before a decision had been made. The Council granted him permission to speak on the issue. Carl Young stated that for a while there was no Juneteenth celebration. Each year the celebration had grown in size and there were no problems during the celebration. He stated that he felt Mr. Williams was not doing an adequate job and was holding the celebration for a profit instead of just for the City of Denton City Council Minutes April 21, 1987 Page 5 celebration. He asked the Council to let him coordinate the celebration. He would extend the hours until midnight June 17, 18, 19 and 20~ Mayor Pro Tem McAdams asked if this was not a joint operation between the City and the sponsor of the event. Lloyd Harrell, City Manager, stated that the action needed from the Council was to declare an official sponsor of the event and therefore would be no fee charged for that activity. Official wavier would be required to extend the hours of the celebration past the 10:00 p.m. curfew. Alexander motion, Hopkins second that the agreement be approved between Carl Williams and the City of Denton, dates and hours to be June 18-20 until 10:00 p.m. each night. Motion carried unanimously. 7. The Council received a report from Mr. Carl Young regarding the economic/social expectations of the people in Southeast Denton. Carl Young presented the following items that were needed in Southeast Denton: (1)the youth of the area needed a work program for the summer, (2) a drug program was needed in the area, (3) the parks were fine, (4) the Police Department was fine in that area, (4) the Fire Department was segregated with no Black being on the Fire Department, (5) the Affirmative Action Program was not used in Denton, (6) Mill and Morse Streets should be changed to Martin Luther King Blvd., and (7) the new recreation center should be named C.H. Collins Recreation Center. The Council moved Item #llC ahead in the order. 11. Ordinances C. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton General Obligation Bonds, series 1987, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. The following ordinance was considered: NO. 87-069 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION .BONDS, SERIES 1987, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. 83 City of Denton City Council Minutes April 21, 1987 Page 6 Frank Medanich, First Southwest, recommended that the bid go to Lovett-Mitchell. He stated that this was the best offer the market had at'this time. Council Member Boyd asked why the market was so poor at that time. Medanich replied that there were several reasons some of them being the high volume of bonds on the market, Japan was not buying bonds at the present time, and the interest rate was the best at this time with good representation. Lloyd Harrell, City Manager, stated that John McGrane and he had discussed recommending postponing this item but it would have been 45 days before any action would be taken again due to the notice requirements of the Charter. Hopkins motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "ayes" Boyd "ayes" and Mayor Stephens "aye." Motion carried unanimously. The Council returned to the regular agenda order. 8. The Council received a report from Mr. Mack McIntyre regarding a sewer/solid waste billing dispute. Mack McIntyre stated that he had not been billed for water/sewer charges for 19 months. The problem was a billing problem with the City. He did have the services provided to him but was not billed for the services. He felt that he should not have to pay for the past service, approximately $400.00 as it was the City's fault he did not receive a bill. The cost should be absorbed by the City due to their error. Mayor Stephens asked if Mr. McIntyre had indeed received the services. McIntyre replied yes he had received the services but that he was not used to the type of billing system the City of Denton used. He had never had water and sewer separated out from a bill before and thus was not looking for it when his electric bill came from the City. Debra Drayovitch, City Attorney, stated that the City had no authority to waive the fee. It would violate State law and the City Charter to waive the fee as services were provided but not billed for. City of Denton City Council Minutes April 21, 1987 Page 7 Lloyd Harrell, City Manager, stated that Mr. McIntyre had not received a bill for sewer/refuse during a 19 months period. When the problem was discovered, it was treated as any similar case, in that the customer had an equal amount of time to pay the bill as the time the bill was in error. In the case of Mr. McIntyre, he would have 19 months to pay the bill. council Member Hopkins stated that there were ways that other steps were taken in regards to these matters. For example, with a water billing problem, the City assessed the actual cost used when there had been a water leak and the bill was adjusted. She stated that the legal opinion presented in the backup read that backbilling was not to exceed 6 months with an overbilling/underbilling problem. Nineteen months was not enough time to repay the bill, McIntyre should be given all the time he would like to repay the bill. Lloyd Harrell, City Manager, stated that where it was found, without dispute, that services were received and the City was in error in the billing for those services, the consistent policy was that the customer was given the equal amount of time to pay back the bill as the bill was in error. He suggested that if Council had problems with that policy, it should be looked at for an amendment, but not to single out one customer. A consistent policy should be applied, do for all and not for just one. Mayor Pro Tem McAdams stated that if the policy was wrong, then it needed to be changed. If the services were provided, then it was a just bill even though it was done badly and after the time of services. Mayor Stephens asked Mr. McIntyre how much time he felt he needed to repay the bill. McIntyre replied that he was unsure. Mayor Stephens thanked Mr. McIntyre for presenting his case to the City Council but restated that the Council was not able to alter the billing as that would be in violation of state law, the City Charter and an established City policy. The Council received a report from the '91 Committee. Hugh Ayer, Chairman of the CIP '91 Committee, presented the report. Before doing so, he submitted his resignation on the Committee to the Council. He felt that the Committee should retain its independence from the Council and should not have a Council Member on the Committee. 85 86 City of Denton City Council Minutes April 21, 1987 Page 8 Ayer stated that with a few exceptions, both of the bond programs were on schedule. The Street Bond Issue had the following pro~ects: (1) the repaving/overlaying program had 40 streets on the schedule. All but 7 were completed. Those delays were due to utility work that needed to be completed which would be done in the next few months. (2) the rebuilding program had 16 projects. Eight were done or under construction. Two changes were recommended for this section: assume maintenance of Teasley Lane from I35E and convert the project from a state project to a city project; change the rebuilding of the streets around the Square to a repaying project. The CIP Program had the money ready to begin the projects as of this meeting. The first year projects would include the Martin Luther King Recreation Center, the sidewalks at Evers/Jennings school, the Woodrow Lane bridge. Two projects on the program were having problems. Those projects were the Loma del Rey drainage project and the Loop 288 expansion from US380 to Colorado Blvd. The Loma del Rey drainage project was delayed until 1989-90 so that it would coincide with the State schedule of the Loop 288 expansion. Recently the State had done some rescheduling and the Loop 288 project was delayed indefinitely. Staff was negotiating with the District Engineer to keep the State on schedule with the Loop 288 project. Council Member Gorton also submitted his resignation from the Committee. 10. Consent Agenda McAdams motion, Gorton second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda A. Bids and Purchase Orders: 1. Bid #9739 - Knuckle Boom Crane 2. Bid #9740 - Asphalt, Emulsion, Road Materials 3. Bid #9741 - Mobil Radios 4. Bid #9743 - Cable #2 Triplex 5. Bia #9733 - Tennis & Basketball Courts 6. Bid #9736 - 20,0001b. Truck Cab/Chassis City of Denton City Council Minutes April 21, 1987 Page 9 B. Tax Refunds Consider a tax refund to Denton County Title in the amount of $512.17. 2. Consider a tax refund to First Texas Savings Association in the amount of $1,119.58. 3. Consider a tax refund to A1 and Jim McNatt in the amount of $1,239.14 Council Member Hopkins left the meeting. 11. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: NO. 87-067 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Ayer second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "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 works or improvements. The following ordinance was considered: NO. 87-068 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. 87 City of Denton City Council Minutes April 21, 1987 Page 10 McAdams motion, Gorton second to adopt the ordinance. On roll call vote, Mc. Adams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. Item C. was considered earlier in the meeting. Council Member Hopkins returned to the meeting. D. The Council considered adoption of an ordinance designating and establishing speed zones for east and west bound traffic on Highway 77 from its intersection with Interstate 35, east service road 300 feet west of its intersection with Orr Street. The following ordinance was considered: NO. 87-070 AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES FOR EAST AND WEST BOUND TRAFFIC ON HIGHWAY 77 FROM ITS INTERSECTION WITH INTERSTATE 35-E SERVICE ROAD 300 FEET WEST OF ITS INTERSECTION WITH ORR STREET; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that this ordinance would establish new speed limits on Highway 77. The State Highway Department had asked that an ordinance be provided to them showing the old limits. Those ordinances could not be found so a speed study was done to facilitate the speed formula. Council Member Gorton asked what portion of TI would be included in the ordinance. If a large portion was included, would the Council not be looking later to reduce the speed there for the additional traffic entering/exiting the Highway. Svehla replied that in the future some kind of signaling would probably be required to facilitate the flow of traffic and if so, the speed in the area would not have to be altered as the signal would take care of the problem. McAdams motion, Alexander motion to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes April 21, 1987 Page 11 E. The Council considered adoption of an ordinance designating and establishing speed zones for east and west bound traffic on U~S. Highway 380 from its intersection with Bell Avenue to Mayhill Road for a distance of 1.80 miles. The following ordinance was considered: NO. 87-071 AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES FOR EAST AND WEST BOUND TRAFFIC ON U.S. HIGHWAY 380 FROM ITS INTERSECTION WITH BELL AVENUE TO MAYHILL ROAD FOR A DISTANCE OF 1.80 MILES; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that this ordinance was similar to the one just previously discussed. The State recommended the speed limits and the Citizens Traffic Safety Support Commission recommended approval. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "ayeS" Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance prohibiting the parking of vehicles on the north and south sides of a portion of Roberts Street. The following ordinance was considered: NO. 87-072 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE NORTH AND SOUTH SIDES OF A PORTION OF ROBERTS STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that this was a request from the neighborhood on Roberts Street. The normal setbacks for "no parking" at an intersection were 30'. Neighbors in the area indicated to staff that there were problems in entering/exiting from Roberts Street on to Bell Avenue, particularly if there were parked vehicles in the area of the intersection. A petition was received from the neighbors in the area and the Citizens Traffic Safety Support Commission recommended approval. City of Denton City Council Minutes April 21, 1987 Page 12 Alexander motion, McAdams second to adopt the ordinance. On roll call votD, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance designating and establishing school safety speed zones on portions of Evers Parkway and Gardenview Street and reducing the maximum prima facie speed limit for such portions of said streets from thirty to twenty miles per hour during certain hours. The following ordinance was considered: NO. 87-073 AN ORDINANCE DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES ON PORTIONS OF EVERS PARKWAY AND GARDENVIEW STREET; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREETS FROM THIRTY (30) TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that this school zone was in the area of the Evers Elementary School. At the present time, there were no school speed zones for crossings near the school. The Citizens Traffic Safety Support Commission recommended approval. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance establishing a loading zone located on the west side of Fry Street. The following ordinance was considered: NO. 87-074 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING A LOADING ZONE LOCATED ON THE WEST SIDE OF FRY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes April 21, 1987 Page 13 Rick Svehla, Deputy City Manager, stated that the loading zone was for a business on Fry Street and the Citizens Traffic Safety Support Commission recommended approval. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "ayet" Hopkins "aye," Gorton "aye," Ayer "ayet" Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance accepting the Wyatt Company's proposal to provide the City with actuarial services. The following ordinance was considered: NO. 87-075 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE WYATT COMPANY RELATING TO RISK MANAGEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Harlan Jefferson, Risk Manager, stated that the insurance industry had changed tremendously. It was necessary to look at all possiDle services available. The Wyatt Company was able to provide the study services to evaluate the requirements of the City. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "ayes" Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. J. The Council considered adoption of ordinance setting a date, time and place for public hearings concerning proposed annexation of approximately 69.1694 acres being part of the S. Venter Survey, Abstract No. 1315, C. Chacon Survey, Abstract No. 298, J. Baker Survey, Abstract No. 47, J. Dickson Survey, Abstract No. 342, and the A. Cannon Survey, Abstract No. 232 and located adjacent and south of FM 2181 and east of Old Alton Road. (A-48) The following ordinance was considered: NO. 87-076 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON~ TEXAS~ AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. 91 ¸9 2 City of Denton City Council Minutes April 21, 1987 Page 14 David Ellison, Senior Planner, stated that this was a City of Denton initiated annexation of a 500' strip down FM2181 to the farthest point before the City conflicted with the Cornith city limits. Public hearing dates would be May 5, 1987 and May 12, 1987. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. K. The Council considered adoption of an ordinance temporarily closing Congress Street between Alice Street and Denton Street on Friday May 8, 1987; and declaring an effective date. The following ordinance was considered: NO. 87-077 AN ORDINANCE TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY 8, 1987; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. L. The Council considered adoption of an ordinance amending Article I of Chapter 23 of the Code of Ordinances of the City of Denton ("Hotel Occupancy Tax") to provide for penalties for delinquent taxes and interest charges for delinquent taxes to be paid under this section, The following ordinance was considered: NO. 87-078 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON ("HOTEL OCCUPANCY TAX") TO PROVIDE FOR PENALTIES FOR DELINQUENT TAXES; INTEREST CHARGES FOR DELINQUENT TAXES TO BE PAID UNDER THIS SECTION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. John McGrane, Executive Director of Finance, stated that there was a lack of enforcement for late payment of the hotel/motel occupancy tax. This ordinance would allow for a 5% penalty for City of Denton City Council Minutes April 21, 1987 Page 15 late payment within the first 30 days, another 5% penalty for an additional 30.days, and then an interest rate not to exceed 10% after the 60 days. He felt that this would give the City an effective enforcement policy to collect those funds. McAdams motion, Alexander second to adopt .the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 12. Resolutions A. The Council considered approval of a resolution supporting and endorsing the expeditious establishment and construction of a new controlled access spur freeway. The following resolution was considered: RESOLUTION NO. R87-026 A RESOLUTION SUPPORTING AND ENDORSING THE EXPEDITIOUS ESTABLISH- MENT AND CONSTRUCTION OF A NEW CONTROLLED ACCESS SPUR FREEWAY; AND DECLARING AN EFFECTIVE DATE. Charles Shelby, Perot Group, stated that this freeway would be a controlled access freeway which would connect FMll4 with I35W. The freeway would be good for the area and all of the right-of-way had been donated by the Perot Group. McAdams motion, Hopkins second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution supporting the establishment of a new airport facility. The following resolution was considered: RESOLUTION NO. R87-027 A RESOLUTION SUPPORTING THE ESTABLISHMENT OF A NEW AIRPORT FACILITY; AND DECLARING AN EFFECTIVE DATE. Charles ShelDy, Perot Group, stated that the property was located on I35W and FM156. The property was not currently in the City of Fort Worth but annexation proceedings were in progress. The airport would be for business/industrial aviation only. The P~rot Group had donated 300 acres to th@ City of Fort Worth and negotiations were currently underway with the FAA. City of Denton City Council Minutes April 21, 1987 Page 16 Lloyd Harrell, City Manager, stated that the City was sensitive to the effect.that the proposed airport would have on the Denton Municipal Airport. The resolution was modified to put the City on record to recognizing the long-range value of the proposed airport but making the endorsement more general than other communities might make. The Airport Board had met with the Perot Group at which time it was debated what effect the proposed airport might have on the City airport. Their conclusion was that the proposed airport, long-range, would be complimentary to the City's and would not be a big drain. McAdams motion, Alexander second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered authorizing the City's application Grants Program. approval of a resolution to the Emergency Shelter The following resolution was consiaered: RESOLUTION NO. R87-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS EMERGENCY SHELTER GRANTS PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE EMERGENCY SHELTER GRANTS PROGRAM. Elizabeth Evans, Community Development Block Grant Program, stated that this was a state application which was rushed as the State had not allowed adequate time for preparation. Friends of the Family and HOPE would receive the funds and the City would administer the funds. Hopkins motion, Alexander second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion oarri~d unanimously. 13. Miscellaneous matters from the City Manager A. The tabulated results from the Council priorities had been handed out at the work session and those results would be considered a~ the proposed 1987-88 budget was prepared. City of Denton City Council Minutes April 21, 1987 Page 17 B. The Flow Memorial Hospital utility bill was now at $180,000.00. 14. There was no official action taken on Executive Session items of legal matters, real estate, personnel and board appointments. 15. New Business The following items of New Business were suggested by Council members for future agendas: A. Council Member Hopkins reported that the Capital Improvement Fee Study Committee was informed that pending legislation, if passed, would not be recommended by the consultants to the City. The impact fee would be defined in only one way and would only affect the future, nothing immediate or past. The Committee decided to wait and see what the State Legislature was going to do. B. Mayor Stephens informed the Council that there would be a joint City Council/County Commissioners meeting on April 29 at 3:00 p.m. in the Council Chambers. Deloitte, Haskins and Sells would be presenting their final report to the joint sessions. 16. The Council convened into Executive Session to discuss legal matters, real estate, personnel and board appointments. More specifically, to consider the designation of an official NCTCOG voting representative for 1987-88 and to consider the designation of City representative to the Economic Development Advisory Board under personnel/board appointments. The following action was taken: A. McAdams motion, Hopkins second to appoint Council Member Alexander as the official NCTCOG voting representative for the City of Denton. Motion carried unanimously. B. McAdams motion, Hopkins second to submit for nomination the name of Council Member Jim Alexander to the Executive Board for NCTCOG. C. Gorton motion, Hopkins second to nominate Mayor Stephens, Council Member Ayer, City Manager Harrell, Executive Director of Economic Development McKean and a designated representative from the Public Utilities Board to the Economic Advisory Board. Motion carried unanimously. City of Denton City Council Minutes April 21, 1987 Page 18 With no further business, the meeting was adjourned at 11:40 p.m. CITY OP DENTON, TEXAS 2649C , ~!