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Minutes July 21, 1987192 C~ty Council Minutes July 21, 1987 The Council convened ~nto the Work Sess~.on at 5:15 p.m. C~v~.l Defense Room. the PRESENT: Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopk~.ns. ABSENT: Mayor Stephens 1. The Council convened ~nto Executive Session to discuss legal matters, real estate, personnel and board appointments. More speci, f~.cally to hold a discussion on Maverick vs. the C~ty of Denton. Thi. s ~.tem was pulled and the Council did not hold an executive session at that time. 2. The Counc~.l held a discussion regarding a proposed resolute, on adopting a Management Supervision Pay Plan Review. Lloyd Harrell, C].ty Manager, stated that the study was an update on the pay plans on the management/supervisory schedule. Tom Klinck, Director of Personnel, stated that proposals went out in October of 1986 and the Arthur Young Company had been awarded the contract for the review. Pat Colter, Arthur Young Company, presented an overview of the study and the revisions suggested to the pay plan schedule. He stated that the original pay plan had been put into effect ~n 1978-79 and that the plans were to be re-evaluated every f~ve years or so. That had not been done due to budget constraints. The f~nd]ngs of the review were: (1) the original plan had maintained integrity within the plan but floated with the market, (2) more levels with finer distinction between the levels were needed in the pay grades, (3) m~n~mum qualifY, cations needed to be better defined, (4) survey improvements were needed, (5) a pay philosophy needed to be established, (6) there were compensation problems at the lower end of the job families. Recommendations suggested by Arthur Young Company were: (1) ~mplementat~on of the Dec, si. on Band Method, (2) survey actual salaries, (3) more private ~ndustry emphasis, (4) temporary shadow ranges for some plans, (5) implementation of a pay philosophy, (6) implementation of adm~.n]strative procedures, (7) implementation of an appeals committee. Council Member Hopkins asked about budget constraints and the January 1, 1987 date for beginning the new pay plans. Harrell replied that the cost would be minor and that there was already money set aside in the current budget to ].mplement the pay plans effective January 1, 1987. City of Denton City Council Minutes July 21, 1987 Page 2 193 3. The Counc~.l received an overview of the drainage requirements. Due to t~me lim~.ts, this ~tem was held for another work session. 6:30 p.m. 1. The Council received an update on the Ma~n Street Project and a request for budget funding for the project. Theresa Waller, representing the Central Business D~str~.ct Association, stated that the Assoc~.ati. on had received resolutions of support from the Historical Commission, the Histor~.c Landmark Comm~.ss~on, the Chamber of Commerce, the Central Bus~ness D~str~.ct Association, and the H~stor~cal Museum. She stated that the organization was asking the C~ty for money for a $43,000 budget as recommended by the Planning and Zoni. ng Commi. ss~on. The Central Bus~ness D~str~ct Association was currently requesting pledges from area businesses to pay for the tra~n~.ng of the D~rector. Council Member Alexander asked officially beg~n. when the project would Waller replied that the Director would go through two weeks of training at the beginning of January and then the project would officially beg~n. Council Member Boyd asked ~f the budget amount took ~nto account the fact that the C~ty's budget year started ~n October and the program would not beg~n until January. Waller stated that she did not th~nk that the ~43,000 reflected that t~me frame and that the budget could probably be reduced one quarter. Consensus of the Council was that the request would be cons~.dered during the budget process. The Council convened ~nto the regular meeting at 7:00 p.m. ~n the Counc~.l Chambers. PRESENT: Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton, and Hopkins. ABSENT: Mayor Stephens 1. The Council considered approval of the m~nutes of the regular sess~.on of June 16, 1987. Gorton, motion, Alexander second to approve the minutes as presented. Motion carried unanimously. 19!4 City of Denton City Council Minutes July 21, 1987 Page 3 2. The Council held a presentation of the Beautification Awards. Bob Tickner, Superintendent of ParKs, presented the residential catagory to Mr. U.J. Ramsey, 1301 Greenbrier and the commercial category to Mr. Milton Hill representing the Morrison Milling Company. Mayor Pro Tem McAdams stated that it was a pleasure on behalf of the City of Denton to present the awards for such beautiful work. 3. The Council considered a request from the Firefighters Association to solicit funds from various City street corners. This item was pulled at the request of the Firefighters. Public Hearings A. The Council considered a petition of carter and Burgess, Inc., representing Miller of Texas, requestIng annexation of 73.334 acres of lan~ being part ot the s. Forrest Survey, Abstract No. 417. (A-43) Tile ~layor Pro Tern opened the public aear~ng. Thad Brundrett, Carter an~ Burgess Engineers, spoke in tavor ot the petition. He stated that the annexation ot ta~s property would enhance alignment o£ the propose~ Lakeview Drive. It would allow for a more efficient design of the road. No one spoke in opposition. The Mayor Pro Tem closed the public nearing. Cecile Carson, Urban Planner, stated that this request was for additional property ~or the propose~ LaReview ~evelopment. The annexation would allow for the continued progress in the planned ~evelopment zoning and with tne development of the road utility district in the area. The staff felt that the annexation would be consistent w~th policies to add property to make a more uniform boundary line for the City of Denton. Consensus of the Council was to proceed with the annexation. B. The Council considered a petition of Carter and Burgess, Inc., representing Miller of T~xas, r~questing annexation of 2.822 acres of land being part of the M. Forrest Survey, Abstract No. 417. (A-44) City of Denton City Council Minutes July 21, 1987 Page 4 The Mayor Pro Tem opened the public hearing. Thad Brundrett spoke in favor of the petition. The annexation was for a small piece of property which was not in the ownership of Miller of Texas at the time of the original planned ~evelopment request. No one spoke in opposition. The Mayor Pro Tem closed the public Hearing. Cecile Carson, Urban Planner, stated that the same comments applied to this annexation as was note~ in the previous petition. Consensus of the Council was to continue with the annexation. C. ~he Council considered a petition o~ Miller o£ Texas requesting annexation o~ ±.~34 acres of lan~ being part of the G. %~alker Survey, Abstract No. 1330. (A-45) The Mayor Pro Tem opened the public hearing. Thad Brundrett spoke in favor of the petition. ~e stated that the same comments applie~ to th~s case as the previous petition. No one spoke in opposition. The Mayor Pro Tem ciose~ the public ~]earing. Staff comments were the same as for the previous petition. Consensus of the Council was to continue wit~ the annexation. 5. Consent Agenda Hopkins motion, Alexander second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda A.Bids and Purchase Orders: 1. Bid ~9762 - ~nvelopes 2. Bid ~97~5 - Wire and Cable-Warehouse Stock B. Plats and Replats 1. Consider approval of preliminary an~ final replat of Lots 4-7, Block A, of the Golden Triangle Mini-Mall Addition. 19,5 196 City of Denton City Council Minutes July 21, 1987 Page 5 C. Tax Refunds Consider approval of a tax refund to First Gibraltar Mortgage in the amount of $521.11 Consider approval of a tax re~una ~or James R. Neblett in the amount of $~57.59. Consider approval of a tax refund for Claire's Boutique in the amount of $944.00.. D. Contracts Consiaer approval of an annual maintenance agreement with American Management Systems Inc. on Financial System Known as "LGFS". e Consider approval of an annual agreement with Control Data Corporation for software maintenance on Payroll/Personnel System known as "EIS". 6. Ordinances A. The Council considered adoption o~ an ordinance accepting competitive bias and providing ~or tn· award contracts for the p~rchase of materials, equipment, supp±~es or services. The following ordinance was considered: NO. 87-126 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR ~HE ~XPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd Motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boya "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance amending Article I of Chapter 17 of the Code of Ordznances of the City of Denton, Texas ("Plumbing Code") to provide for adoption o~ the 1985 Uniform Plumbing Co~e; adoption o~ amenaments to the Uniform PlumPing Code; to provide for additions thereto; and repealing all orainances in conflict herewith. City of Denton City Council Minutes July 21, 1987 Page 6 197 The following ordinance was considered: ORDINANCE NO. 87-127 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON~ TEXAS ("PLUMBING CODE") TO PROVIDE FOR ADOPTION OF ?HE 1985 UNIFORM PLUMBING CODE; ADOPTION OF AMENDMENTS TO THE UNIFORM PLUMBING CODE; TO PROVIDE FOR ADDITIONS THERETO; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN AN AMOUNT OF $1,000.00 THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Boyd second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye". Motion carriea unanimously. C. The Council considered adoption of an ordinance abandoning and vacating a b foot portion of a utility easement located on Lot 4, Block A, of the JVS Addition, Phase I. (E-l) The following orainance was considered: NO. ~7-128 AN ORDINANCE ABANDONING AND ~ACATING A CERTAIN UTILITY EASEMENT AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Cecile Carson, Urban Planner, state~ that this was a request by the property owner to abandon a 6' easement that presently had an encrochment of their house and deck into a lb' utility easement. In 1986, the Development Review Committee had a request to abandon this portion of the easement before construction of the house had begun. It recommended denial o~ the abandonment because the Utility Department felt that the entire 16' easement was necessary for maintenance of the lines in that area. After that ~ecision was made, t~le developer proceed to build into the easement. Staff's understanding was that there were two sets of pills set in the lot and the measurement was done not excluding a section of right-of-way that had been taken for Teasley Lane. Planning and ~oning recommended by a vote of 4-1 to approve the abandonment. There was no value placed on the easement. Lloyd Harrell, City Manager, stated that initially when this case came before the Development Review Committee~ the decision was made that a variance would not be granted because the City needed to be consistent with all the property owners. Now the 198 City of Denton City Council M~.nutes July 21, 1987 Page 7 case was that the house had been built and the clos~ng of the house could not take place unt~.l the easement question was settled. At th~.s particular location, the Ut~l~.ty Department d~.d not need all of the 16' easement. Staff reluctantly recommended approval. Council Member Ayer asked the ~.mpact ~f the request was den~.ed. Carson stated that there would not be a clear t~tle to the property because the C~ty would have the easement on record on the plat. Ayer asked ~f the Building Inspector was m~sled w~th the two sets of pins or if the Building Inspector made an error. R~ck Svehla, Deputy City Manager, stated that there was a 5' piece of right-of-way dedicated to the City. Normally p~ns were set on the property l~ne wh~.ch included that 5' dedication. The set of p~.ns that were there that the C~ty staff measured from did not ~nd~cate a problem w~.th the 16' easement and the slab. There was no indication as to whether the pins were set in error or set wrong deliberatly. Mayor Pro Tem McAdams asked if there should have been two sets of p~ns. Svehla replied that normally when a developer or a surveyor plats the property, he would set all of the property corners. In this case, the property corner pins or the l~ne that was closest to Teasley was the property line. A dedication was done and then normally a second set of pfns was set at the property corners. Ayer asked ~f 10' was sufficient to get in any needed equipment for repairs on the ut~.l~ty l~nes. Svehla replied yes. Gorton motion, Boyd second to table the ordinance until the next meeting. On roll vote, McAdams "nay," Alexander "nay," Hopkins "nay," Gorton "aye," Ayer "nay," Boyd "aye," Motion fa~led by a 4-2 vote. Rhonda Yarborough, owner of the property, asked to speak before the Counc~.l. She stated that her husband was the bui. lder of the house. When they bought the lot, it was their understanding that there was a 16' easement. In between the time they bought the lot and actually closed on the lot, the found out that another 5' of the property was donated to Teasley Lane r~ght-of-way. It was their understandi, ng that the 16' easement had been measured from the 5' r~ght-of-way. C~.ty of Denton C~.ty Counc~.l M~nutes July 21, 1987 Page 8 Mayor Pro Tem McAdams stated that she felt that the Council was be~.ng manipulated ~n this ~nstance and wanted to express that and to ~nsure that th~s s~.tuat~on d~.d not occurr again. Alexander motion, Hopk~.ns second to adopt the ord~.nance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "nayt" Ayer "aye," Boyd "aye". Mot~.on carri~ed w~th a 5-1 vote. D. The Council considered adoption of an ordinance approving Deloitte Haskins & Sells to beg~.n an audit of the f~.scal year ending September 30, 1986. The following ordinance was cons~.dered: NO. 87-129 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE, HASKINSt AND SELLS AS AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987~ AND DECLARING AN EFFECTIVE DATE. Hopkins moti. on, Gorton second to adopt the ord_~nance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye". Motion carried unanimously. 7. Resolutions A. The Council considered approval of adopting a Management Supervision Pay Plan Review. The following resolution was considered: a resolution RESOLUTION NO. R87-046 A RESOLUTION ADOPTING THE MANAGEMENT/SUPERVISION COMPENSATION PLAN AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID PLAN; AND DECLARING AN EFFECTIVE DATE. Gorton motion, Alexander second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye". Motion carried unanimously. 8. The Council considered a motion authorizing the Aerobatics Internat~.onal use of the Denton Airport for an air show September 7, 1987. 199 . Th~.s ~.tem was pulled by the petitioners. City of Denton City Council Minutes July 21, 1987 Page 9 9. The Council received a report from Mr. Carl Young regarding traffic problems in Denton and the annual Easter egg hunt. Mr. Young did not attend the meeting. 10. Miscellaneous matters from the City Manager There were no miscellaneous matters reported by the City Manager. 11. There was no Executive Session discussion held at the Work Session. 12. New Business No items of new business were suggeste~ by the Council Members. 13. The Council convened into the Executive discuss legal matters, real estate, personnel appointments. No official action was taken. With no further business, the meeting was adjourned. ~N'I'9 E~ WALT-ERS ~TY SECRETARY CITY OF DENTON, TEXAS Session to and board /LINNIE MCADAMS, MAYOR PRO TEM CITY OF DENTON, TEXAS 24969