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Minutes May 12, 1987118 CITX COUNCIL MINUTES MAY 12, 1987 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense boom. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None 1. The Council held a discussion regarding the upgrading of the radio system. Rick Svehla, Deputy City Manager, stated that approximately 65 letters of intent had been received for radios to be included in the system. It was important to continue with financing for the radio system at this time because it appeared that the interest rate would continue to get worse and the City would lose the frequencies if they were not used soon. The bonds that would be issued for the system would not exceed $1.1 million. If enough radios were not committed by the June 1, 1987 meeting, the Council would be so informed and the bonds would not be issued. 2. The Council received recommendations from the CDBG committee and Park Board regarding plans for the new Martin Luther King, Jr. Recreation Center. Mike Campbell, Chairman of the Park and Recreation Board, was pleased that the plans were so far along. Two public hearings had been held on the preliminary draft along with public hearings on the final draft. The Park Board and the CDBG Committee had also held joint meetings on the plans. Connie Wells, CDBG Committee, stated that there had been excellent response with the open hearings and that many ideas were used from the citizen input from those hearings. Gary Juren, Fred Alexander and Porter Dillion were present from the architectural firm. Gary Juren presented the layout of the center to the Council and described the various proposed rooms of the center. 3. The Council held a discussion regarding a proposed resolution by the Texas Municipal Power Agency regarding the creation of a risk management fund. City of Denton City Council Minutes May 12, 1987 Page 2 Ed Wagoner, TMPA, stated that TMPA was requesting the Council to consider a resolution granting TMPA the ability to form a self-insuranc~ fund. He stated that insurance costs were up dramatically and that availability was down. Four alternatives were available: (1) no insurance at all, (2) use all commercial insurance, (3) use all self-insurance, and (4) use self-insurance in conjunction with commercial insurance. Bill Peak presented the major points of the program which included issuing a bond program, an actuary study and the insurance fund. 4. The Council held a discussion regarding the May 14th TMPA agenda with TMPA representatives and members of the Public Utilities Board. Mayor Stephens asked the TMPA representatives if the agendas for the meetings could not be mailed earlier so that everyone had a chance to go through the material before the meeting. Ed Wagoner stated that the agenda process was not closed until a week before the meeting. A draft of the agenda could be sent earlier with the understanding that additional emergency items may be included. 5. The Council convened into Executive Session to discuss legal matters, real estate, personnel and board appointments. More specifically under legal matters was a discussion of proposed legal action by Denton County relating to the rights and obligations of the owners of Flow Memorial Hospital. No official action was taken. The Council then convened into the regular meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None The Mayor presented a proclamation to Ms. Mary Manering regarding L.V.N. Week. The Mayor presented a proclamation declaring the week of May 18-25 "Buckle Up" week for greater automobile safety. The Mayor presented Lloyd Harrell with a proclamation declaring May 13, 1987 "Lloyd V. Harrell" day. 119 120 City of Denton City Council Minutes May 12, 1987 Page 3 1. The Council considered approval of the minutes of the regular meetings of November 4, 1986, November 18, 1986 and December 9, 19'86. McAdams motion, Hopkins second to approve the minutes as presented. The motion carried unanimously. 2. The Council considered approval of a resolution approving the creation of a "Risk Management Fund" by a bond resolution to be adopted by the Texas Municipal Power Agency and providing for an effective date. The following resolution was considered: RESOLUTION NO. R87-032 A RESOLUTION APPROVING THE CREATION OF A "RISK MANAGEMENT FUND" BY A BOND RESOLUTION TO BE ADOPTED BY THE TEXAS MUNICIPAL POWER AGENCY; AND PROVIDING AN EFFECTIVE DATE. Ed Wagoner, TMPA, responded to questions by the Council. Council Member Boyd asked if this was an authorization for successive 10 year programs or for only one ten year program. Wagoner replied that this was for only one 10 year program but that TMPA may come back for additional years. It may be that they may not need that long of time either. Boyd asked if there was a limit on ways to use the money. Wagoner stated that there was a limit on what could be invested in under law and under TMPA's own investment program. Council Member Ayer asked what the source of revenue was for serviCing the bond indebtnesses. Bill Peak stated that the source of revenue would be from the fund itself in that it would be generating revenues from the annual payment and from the cash within the fund which would be invested. Staff and TMPA members then answered a few more questions concerning the self-insurance matter. McAaams motion, Alexander second to approve the resolution. On roll call vote, McAdams "aye," Alexander "ayet" Hopkins "aye," Gorton "aye," Ayer "ayet" Boyd "ayes" and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes May 12, 1987 Page 4 3. The Council received regarding the economic/social Southeast Denton. a report from Mr. Carl Young expectations of the people in The following were suggestions discussed by Mr. Young: (1) the mosquitoes were terrible in the area and the people needed help with the problem, (2) the Martin Luther King Center should have a name change, (3) 25% of the city contracts should be from the City of Denton, (4) Blacks were needed on the Fire Department, (5) cheating had occurred on the elections, (6) the Council representative for the area should come down and meet with the people, (7) the City needed a helicopter to help with emergency rescue operations. e Public Hearings A. The Council held a public hearing 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 Mayor opened the public hearing. Cecile Carson, Urban Planner, gave an overview of the annexation. This was the second public hearing for this annexation. The intent of the annexation was to insure that the development along 2181 would be protected from strip commercialization. This annexation would provide for continuous annexation from Corinth to the City of Denton. Elizabeth Garrett stated that she had not been informed of this annexation. Debra Drayovitch, City Attorney, stated that it was the policy of the City to send out courtesy notices regarding annexations but that the law did not required such a mailing. Garrett asked if the annexation went all the way to the Corinth city limits. Carson stated that there woula be no space between the City of Corinth and the City of Denton city limits. City of Denton City Council Minutes May 12, 1987 Page 5 Missy Roach Gray spoke in opposition. She had received her reply form and submitted it to Ms. Carson in opposition of the annexation. ~he read a statement from surrounding property owners in opposition to the annexation. Virginia Watts spoke in opposition. Her concerns dealt with taxation on the annexed property, being forced to hook up to city utilities, police/fire protection would not be of value because only 250' of her property would be annexed. Rudy Roach spoke in opposition to the annexation. He questioned why the City was stopping where it was. He stated that he wanted to stay in the county, not be in the City. The Mayor closed the public hearing. Consensus of the CounCil was to continue with the annexation. B. The Council held a public hearing concerning proposed amendment of Article 3.07, Section A, Paragraph 3, Appendix A, Subdivision and Land Development Regulations, relating to development contract requirements for public improvements prior to issuance of a certificate of occupancy. Rick Svehla, Deputy City Manager, stated that the ordinance was to help streamline the development process. Essentially a bond would not be required for a single lot development. No one spoke in opposition. The Mayor closea the public hearing. The following ordinance was considered: NO. 87-087 AN ORDINANCE AMENDING ARTICLE 3.07 (A) OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR THE EXCLUSION OF ONE LOT DEVELOPMENTS FROM THE REQUIREMENT OF PROVIDING PERFORMANCE AND PAYMENT BONDS FOR THE REQUIRED PUBLIC IMPROVEMENTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 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. City of Denton City Council Minutes May 12, 1987 Page 6 5. Consent Agenda McAdams motion, Alexander second to approve the consent agenda as presented. Motion carried unanimously. Consent Agenda A. Bids and Purchase Orders: 1. P.O. #78804- Rone Engineers - $23,000.00 B. Tax Refunds 1. Consider approval of a tax refund in the amount of $535.22 to Lawyer's Title. e 6. Ordinances Consider approval of a tax refund in the amount of $1,157.15 to First Texas Savings. A. The Council considered adoption of an ordinance approving a change order for a construction contract with Calvert Paving Company for Yellowstone drainage improvements. The following ordinance was considered: NO. 87-088 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND CALVERT PAVING COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE. 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. B. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. City of Denton City Council Minutes May 12, 1987 Page 7 The following ordinance was considered: NO. 87-089 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. 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. C. The Council considered adoption of an ordinance amending the 1986-87 budget of the City of Denton, Texas by appropriating the sum of $215,500.00 from the unappropriated balance of the General Fund and various other account funds to account number 100-041-020M-8938; providing for funding to Flow Memorial Hospital, and authorizing an agreement with the Hospital; and declaring an effective date. The following ordinance was considered: NO. 87-090 AN ORDINANCE AMENDING THE 1986-87 BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUM OF TWO HUNDRED FIFTEEN THOUSAND AND FIVE HUNDRED DOLLARS ($215,500) FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND AND VARIOUS OTHER ACCOUNT FUNDS TO ACCOUNT NO. 100-041-020M-8938; PROVIDING FOR FUNDING TO FLOW MEMORIAL HOSPITAL AND DECLARING AN EFFECTIVE DATE. Council Member Gorton stated that he had filed an affidavit with the City Secretary establishing a potential conflict of interest dealing with the subject matter and excused himself from the meeting. Lloyd Harrell, City Manager, presented an overview of the funding proposed for Flow Hospital. $215,500 was being earmarked for Flow. $15,500 would be used for the Deloitte, Haskins & Sells study, $200,000 would be for Flow. The breakdown of the funding was: $78,000 would come from a further reduction of general fund accounts by 1 1/2%, $95,000 from the ~treet program, ~42,500 from not hiring 3 new police officers. City of Denton City Council Minutes May 12, 1987 Page 8 Debra Drayovitch, City Attorney, stated that the Denton County Commissioners would be making a declaratory judgement agreement for funding o~ Flow. In that vein, an amended ordinance was presented to include an agreement to provide for funding for Flow in order not to jeopardize the City's legal position. Alexander motion, McAdams second to adopt the revised ordinance. On roll call vote, McAdams "ayet" Alexander "aye," Hopkins "ayet" Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Gorton returned to the meeting. 7. The Council considered approval of a expressing support of the legislature creating County Hospital District. resolution the Denton The following resolution was considered: RESOLUTION NO. R87-033 125 A RESOLUTION EXPRESSING CREATING THE DENTON COUNTY DECLARING AN EFFECTIVE DATE. SUPPORT OF LEGISLATION HOSPITAL DISTRICT; AND McAdams motion, Alexander second to approve the resolution. On roll call voter McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "ayes" Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 8. Ordinances A. The Council considered adoption of an ordinance approving a contract between the City of Denton and Freese and Nichols, Inc. for engineering services and declaring an effective date. The following ordinance was considered: NO. 87-091 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS~ INC. FOR ENGINEERING SERVICES AND DECLARING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that this ordinance was to update the Master Drainage plan and the Master Drainage manual. 126 City of Denton City Council Minutes May 12, 1987 Page 9 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. B. The Council considered adoption of an ordinance approving a contract for the City's participation in the cost of installing an oversized sewer main; authorizing the Mayor to execute the contract with Teasley Road Associates; approving the expenditure of funds therefore, and providing for an effective date. The following ordinance was considered: NO. 87-092 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED SEWER MAIN; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. 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. C. The Council considered adoption of an ordinance accepting an engineering agreement with Freese & Nichols, Consulting Engineers, for raw water pump and high service pump design and installation. The following ordinance was considered: NO. 87-093 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES AND DECLARING AN EFFECTIVE DATE. 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. D. The Council considered adoption of an ordinance approving an agreement between the City of Denton and the Texas Water Development Board; approving the expenditure of funds therefore; and providing for an effective date. City of Denton City Council Minutes May 12, 1987 Page 10 The following ordinance was considered: NO. 87-094 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, ET AL AND THE TEXAS WATER DEVELOPMENT BOARD; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR 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. E. The Council considered adoption of an ordinance repealing the existing Chapter 7 of the Code of Ordinances and adopting a new Chapter 7 to be entitled "Emergency Management". The following ordinance was considered: NO. 87-095 AN ORDINANCE REPEALING THE EXISTING CHAPTER 7 OF THE CODE OF ORDINANCES AND ADOPTING A NEW CHAPTER 7 TO BE ENTITLED "EMERGENCY MANAGEMENT"; ESTABLISHING A PROGRAM INCLUDING MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF DENTON; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00); AND DECLARING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Got ton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 127 128 City of Denton City Council Minutes May 12, 1987 Page 11 9. Resolutions A. 'The Council considered approval of a resolution appointing the City Manager, Deputy City Manager and Executive Director of Finance to be Board of Directors of the Denton Health Facilities Development Corporation. The following resolution was considered: RESOLUTION NO. R87-034 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION; AND DECLARING AN EFFECTIVE DATE. 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 authorizing publication of notice of intention to issue Certificates of Obligation of City of Denton, Texas to acquire a municipal radio communication system in an amount not to exceed $1.1 million. The following resolution was considered: RESOLUTION NO. R87-035 CERTIFICATE FOR RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR A MUNICIPAL RADIO COMMUNICATION SYSTEM. Alexander motion, McAdams secona 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. 10. The Council considered a motion authorizing the Mayor and City Manager to communicate the city's opposition to Senate Bill 336 relating to Capital Recovery Fees. Lloyd Harrell, City Manager, stated that this particular legislation had been passed by the Senate and was ready for a House vote. All indications were that it would be adopted by the House. Some changes had been made in the bill which made it a li~tl~ mor~ u~eful to the City and opposition seemed futile. Staff was therefore recommending that no motion be made regarding this issue. City of Denton City Council Minutes May 12, 1987 Page 12 Consensus of the Council was not to made a motion at this time. 11. The ~ouncil received a recommendation from the Airport Boara supporting a portion of HJR95 and HB1736 that would eliminate personal property tax on aircraft only. Rick Svehla, Deputy City Manager, recommendation was strictly for airplanes. stated that the 12. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. 13. Miscellaneous matters from the City Manager. A. Monday night there would be a Land Use Committee meeting with the discussion centering on intensity policies. The meeting would be at the Service Center Training Room at 6:00 p.m. B. A group meeting was being planned regarding business incubators, June 2, 9:00 p.m. 14. New Business: The following items of New Business were suggested by Council Members for future agendas: A. Council Member Boyd suggested that the Council look at the possibility of providing the City Attorney with the authority to settle smaller cases against the City on her own initiative. 15. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appointment. No official action was taken. With no further business, the meetingRAY~S_ '~ ~ Y~ORWaS~N~PH CITY ~F DENTON, TEXAS CITkk ECR TARY CITY'OF DENTON, TEXAS 129 1644j