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Minutes August 18, 1987217 CITY COUNCIL MINUTES August 18, 1987 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Ayer, Boyd, Gorton and Hopkins. ABSENT: Council Member Alexander 1. The Council convened into Executive Session to discuss legal matters (litigation including Maverick vs. the City of Denton and the County of Denton vs. the City of Denton), real estate, personnel and board appointments (Municipal Judge). No official action was taken. Work Session item #3 was moved ahead in the agenda order. 3. The Council held a discussion regarding an ordinance amending Chapter 22 of the Code of Ordinances to provide for a partial tax exemption for designated historical sites for a period of ten years; providing for the recapture of taxes in specified cases; and providing for an effective date. Council Members Boyd and Hopkins left the meeting with a potential conflict of interest. Dr. Bullitt Lowry, Historic Landmark Commission, stated that the public had a lot of interest in historical buildings. The percentage of abatement had been a point of discussion. Originally it was recommended that the amount be 75% for residential buildings and 50% for commercial buildings. Later the recommendation was for 75% for both commercial and residential buildings. The cost to the City would be approximately $10,000/year. The Historic Landmark Commission was recommending a 75% exemption for 10 years for all individually designated historically marked structures. Just because a building was located in the Historical District, did not qualify it for the exemption. Denise Spivey, Urban Planner, stated that successive years for the exemption. properties were eligible for the exemption. the maximum was 10 Approximately 30 Lloyd Harrell, City Manager, stated that the exemption would go into effect January 1, 1988. consensus of the Council was to place the ordinance on the agenda for the first meeting in October. City of Denton City Council Minutes August 18, 1987 Page 2 2. The Council held a discussion regarding the tax rate for the 1987-88 budget. John McGrane, Executive Director of Finance, presented a budget calendar for Council review. The attached calendar (Exhibit "A") was discussed with the Council as to dates when various public hearings and notices had to be made. 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 Ayer, Boyd, Gorton and Hopkins. ABSENT: Council Member Alexander 1. The Council considered a presentation of a proclamation to W. S. "Pinky" Harpool recognizing his selection as "Man of the Year in Texas Agriculture." Mayor Stephens presented the proclamation to Mr. Harpool. Mrs. Harpool stated that it was an honor to receive the proclamation and Mr. Harpool stated that it was a pleasure that the Council would take the time to present him with the proclamation. 2. The Council considered approval of the minutes of the regular meetings of July 7 and July 21, 1987. Council Member Ayer pointed out a typographical error in the minutes of July 7, 1987 and asked for a correction. Gorton motion, McAdams second to approve the minutes as corrected. Motion carried unanimously. 3. The Council received a report from Ms. Roselle Weddle and Mr. Tom Van regarding a possible franchise for taxicab service in the City of Denton. Ms. Weddle, Denton Taxi Service, stated that she and Mr. Van felt that the City would not support more than one cab company at one time. If a larger out-of-town company set up in Denton, it would be able to absorb losses which the Denton Taxi Service could not. She stated that Denton had had a locally owned and operated taxi service for a long time and she would like to keep it that way. Mayor Stephens stated that the item would be placed for a discussion item at a future meeting. City of Denton City Council Minutes August 18, 1987 Page 3 219 4. The Council received a presentation of the Government Finance Officers' Association certificate of achievement for excellence in financial reporting for fiscal year ending September 30, 1986. John McGrane, Executive Director of Finance, presented the award to the Council. This award was the highest award in financial reporting. The goal of the program was to expand the use and enhance the recognition of effective, complete and understandable financial reporting by state and local governmental entities. Mayor Stephens stated that this was a very impressive and important award for the City of Denton. 5. Ordinance A. The Council considered adoption of ordinance and service plan annexing 212.12 acres being part of the I. Coy Survey, Abstract No. 212; J. Ayers Survey, Abstract No. 2; B. Burleson Survey, Abstract No. 65; N. Coker Survey, Abstract No. 249, and the R. Johnson Survey, Abstract No. 666. (A-46) The following ordinance was considered: NO. 87-141 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 212.12 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE I. COY SURVEY, ABSTRACT NO. 212, J. AYERS SURVEY, ABSTRACT NO. 2, W. BURLESON SURVEY, ABSTRACT NO. 93, B. BURLESON SURVEY, ABSTRACT NO. 249, AND THE R. JOHNSON SURVEY, ABSTRACT NO. 666, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Ayer second to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Public Hearings City of Denton City Council Minutes August 18, 1987 Page 4 A. The Council considered a petition of City of Denton requesting agricultural (A) zoning on 212.12 acres located 250 feet east and west of the centerline of 1-35 N for a distance of 3 1/2 miles from the existing city limits. The property was part of the I. Coy Survey, Abstract No. 212; J. Ayers Survey, Abstract No. 2; B. Burleson Survey, Abstract No. 65; N. Coker Survey, Abstract No. 249, and the R. Johnson Survey, Abstract No. 666. Z-1864 The Mayor opened the public hearing. Bob Tedlock spoke in favor. He stated that his property was not in the proposed annexation but that he did have a general interest in the surrounding property. A batch plant had been established in a residential rural neighborhood which he felt was a detriment to his property. Given a choice between letting the land develop in an uncontrolled way and paying additional taxes for being annexed into the City, he would chose the taxes. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that 32 reply forms had been mailed with 4 returned in favor and 1 in opposition. Staff was attempting to assign permanent zoning at the time of annexation to the property. The following ordinance was considered: NO. 87-142 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AGRICULTURAL ("A") ZONING CLASSIFICATION AND USE DESIGNATION FOR 212 ACRES OF ANNEXED LAND; SAID LAND BEGINNING WHERE THE NORTHERN CITY LIMITS INTERSECTS INTERSTATE HIGHWAY 35 AND CONTINUING NORTH ALONG AND PARALLEL TO SAID HIGHWAY FOR A DISTANCE OF 3.5 MILES, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes August 18, 1987 Page 5 B. The Council considered a petition of Donald R. Curtis and the City of Denton for annexation of a 9.2154 acre tract of land being part of the J. Early Survey, Abstract No. 1279, and the Moreau Forrest Survey, Abstract No. 417, and being located at the northeast corner of Mingo Road and North Cooper Creek Road. (A-47) The Mayor opened the public hearing. No one spoke in favor of the petition. No one spoke in opposition of the petition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that this was a voluntary annexation of approximately 7.9 acres and an involuntary annexation of approximately 2 acres by the City of Denton. The property was being submitted for zoning and the annexation would provide an opportunity to impose the City' subdivision regulations to the property. The second public hearing was scheduled for August 25, 1987. Consensus of the Council was to continue with the annexation. C. The Council considered a petition of the City of Denton for annexation of a 24.3957 acre tract of land being part of the J. Ayers Survey, Abstract No. 2, and part of the B. Burleson Survey, Abstract No. 65, and being located west of 1-35 and north of intersection of Rector Road. (A-50) The Mayor opened the public hearing. Mr. Bob Tedlock spoke in favor. He stated his comments were the same as for the previous annexation. He favored annexation over uncontrolled development. No one spoke in opposition. The Mayor closed the public hearing. Cecile Caron, Urban Planner, stated that this was a site for a proposed batch plant for improvements to I35 which were currently underway. The batch plant application, at that point according to the Texas Air Quality Board, had not been applied for. The asphalt batch plant application had been denied by the State and the State office. Consensus of the Council was to continue with the annexation process. 222 City of Denton City Council Minutes August 18, 1987 Page 6 aj Pulled for Discussion 7. Consent Agenda Mayor Stephens stated that Item 7.A.1. would be pulled for special consideration. Hopkins motion, McAdams second to approve the Consent Agenda with the exception of Item 7.A.1. Motion carried unanimously. Consent Agenda Bids and Purchase Orders: 1. Bid #9763 - 800 MHz Radio System 3. 4. 5. Bid #9766 - Power Transformer Equipment Bid #9767 - Switchgear Bid #9771 - Fiberglass Grating Bid #9772 - Transformers Bid #9775 - 30 Gallon Refuse Bags Bid #9776 - Accounting Sound Panels Plats and Replats Reflecting Consider approval of preliminary plat of the Denton Municipal Utility Addition, Lot 1 of Blocks 1, 2 and 3. C. Tax Refunds Consider approval of a tax refund to Allied Bank for $3,573.40 2. Consider approval of a tax refund to Dr. Ed Wolski for ~1,158.60 The Council considered item 7~A.1. from the Consent Agenda. Lloyd Harrell, City Manager, stated that the item was a radio proposal for the City which would modernize the radio fleet, initially concentrating on the Police Department and Fire Department. Mesa Communications had protested the bid and City of Denton City Council Minutes August 18, 1987 Page 7 contract. The City Attorney, Purchasing Department representatives and the City Manager had met with representatives from Mesa Communications to discuss the problems raised. Mesa Communications stated that they only had a very short time for formal bid. About a month before the bids were opened, specs were sent to all known suppliers. Legal notices were placed in the Denton Record-Chronicle at the appropriate time. Approximately one week before the bids were opened a form letter was received from Mesa Communications asking that they be informed of all specs for radios and communication devices that the City might put out for bid. Upon receipt of that letter, the bidder was sent a complete copy of the specs. Mesa's complaint was that they only had about 4 days to put a spec together. After the process was explained by the Purchasing Department for the bidding system, the representative was satisfied on that account. One other point that Mesa raised was that the specs were written in such a way that it limited the companies that could bid on the product. As a City organization, that was a practice that was not followed so that as many bidders as possible could bid on a project for a very competitive market. In this particular case, the representative was concerned because he felt that the way the specs were written, the Motorola Company was the only company that could competitively bid on the product. Staff comments were that other companies indicated that they could have bid on the product but it would have been far more expensive and probably not competitive with Motorola. Staff admitted that on a competitive basis, the firm that could bid on this product was the Motorola Company. The reason was that the City needed a compatible system with Lewisville and Carrollton. Stephens motion, Gorton second to approve the Consent Agenda item 7.A.1. Motion carried unanimously. 8. 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. 87-143 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR T~E PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 223 224 City of Denton City Council Minutes August 18, 1987 Page 8 Gorton motion, McAdams second to adopt the ordinance. On roll voter McAdams "aye," Hopkins "aye," Gorton "ayet" Ayer "ayes" Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the Mayor to execute a letter of agreement with Municipal Administrative Service, Inc. for professional auditing services relative to the City's franchise agreement with GTE. The following ordinance was considered: NO. 87-144 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A LETTER OF AGREEMENT WITH MUNICIPAL ADMINISTRATIVE SERVICES, INC. FOR PROFESSIONAL AUDITING SERVICES RELATIVE TO THE CITY'S FRANCHISE AGREEMENT WITH GTE; AND PROVIDING AN EFFECTIVE DATE. John McGrane, Executive Director of Finance, stated that this would be an audit of the services provided by GTE to make sure that the City was receiving all of the fees it was entitled to receive. The cost for the services was on a contingency basis with the company receiving 50% of any amount that they discovered that would come back to the City. McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Stephens "aye." Motion carried with a 5-1 vote. 9. Resolutions A. The Council considered approval of a resolution authorizing application to the Railroad Commission for the City of Denton to become a part of the Fort Worth Commercial Zone and the Dallas Commercial Zone. The following resolution was considered: RESOLUTION NO. R87-048 A RESOLUTION AUTHORIZING APPLICATION TO THE RAILROAD COMMISSION FOR THE CITY OF DENTON TO BECOME A PART OF THE FORT WORTH COMMERCIAL ZONE AND THE DALLAS COMMERCIAL ZONE, AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes August 18, 1987 Page 9 Betty McKean, Executive Director of Municipal Services and Economic Development, stated that this item had been approved last year. This was an updated resolution with the current Mayor's signature and three other cities included in the application. Hopkins motion, McAdams second to approve the resolution. On roll vote, McAdams "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 the City Manager to execute an interlocal assistance agreement for law enforcement in Denton County. The following resolution was considered: RESOLUTION NO. R87-049 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL ASSISTANCE AGREEMENT FOR LAW ENFORCEMENT IN DENTON COUNTY AND DECLARING AN EFFECTIVE DATE. Captain Bill Cummings, Denton Police Department, stated that this was a mutual aid assistance program for emergencies with other cities or the County or the City of Denton to give aid to others. It also gave the City a tool to do indepth investigations in burglaries, narcotics, etc. It would provide a bette.r conviction rate with more people testifying on one case. Mayor Stephens asked about the liability if someone were hurt here in the City of Denton. Debra Drayovitch, City Attorney, stated that there was a provision that each party waived claim to other parties in the agreement. She stated that other alternatives were being looked at for alternative language. The agreement was for only one year and other language could be substituted at a later date. Ayer motion, McAdams second to approve the resolution. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 10. The Council received a report certifying to the estimated tax collection rate for the 1987-88 effective tax rate. 225 226 City of Denton City Council Minutes August 18, 1987 Page 10 John McGrane, Executive Director of Finance, stated that under Senate Bill 1420 which became effective June 20, 1987, the City was required to use an estimated collection rate in the effective rate calculation and also required to certify the rate to the Council. The Finance Department had used the rate of 99.9% which was based on the total current and delinquent estimated collections as compared to the current levy amount. 11. The Council held a record vote on a proposal to consider a tax rate increase of 7.49% above the effective tax rate. Lloyd Harrell, City Manager, stated that the 7.49% proposed increase above the effective tax rate would hold the tax rate at the current levy of 59~. The administration's recommendation would be to take the record vote by the Council. Hopkins motion, McAdams second that the Council consider a tax rate of 59g. On roll call vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 12. The Council set the dates for public hearings for the 1987-88 budget and tax increase. Lloyd Harrell, City Manager, stated that based on an earlier discussion that evening, the City staff would recommend public notice announcing a public hearing on the proposed budget for September 1, 1987 at 7:00 p.m. Proposed hearing on the proposed tax rate for the next fiscal year on September 8, 1987 at 7:00 p.m. The public hearings would be held in the Council Chambers. Consensus of the Council was to proceed with those dates. 13. The Council received a report from Carl Young regarding the annual Easter Egg Hunt and impound fees from the Animal Control Center. Carl Young stated that the City would no longer sponsor the Easter Egg Hunt. The Vietnam Veteran Association would like to sponsor the hunt and was requesting City approval. Regarding the impound fees from the Animal Control Center, Mr. Young stated that indigent people had no way to pay for fees when the animals were impounded for running loose. He asked for a work .plan to work for the City to pay off the fees or a program to add the fee to an electric bill for the elderly and handicapped. City of Denton City Council Minutes August 18, 1987 Page 11 14. Miscellaneous matters from the City Manager Lloyd Harrell presented the following items: A. David Ellison presented an update on the latest hearings regarding proposed EPA sanctions. 15. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. 16. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Pro Tem McAdams suggested the possibility of having a called meeting to deal with the letter from the County Commissioners which asked for a response within 10 days. Mayor Stephens stated that he had received a call that day from Judge Vic Burgess asking for a conference on the issue for Wednesday. .Mayor Stephens asked for the Council to authorize the City Manager and the Mayor to meet with Judge Burgess and another Commissioner along with the Finance Directors and Attorney's of both entities. Council Member Gorton urged City officials to meet with the County officials as soon as possible to show the City's willingness to communicate and negotiate with the County regarding Flow Hospital. Consensus of the Council was to have the above named delegates meet with the County Commissioners and to ha've the item added to the special call meeting of August 25, 1987. 17. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. With no further business, the meeting was adjourned. CITY S~k~RETAi~f CITY OF DENTON, TEXAS 2732C 227 228