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.
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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.
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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.
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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.
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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
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