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Minutes May 17, 1988CITY OF DENTON CITY COUNCIL MINUTES MAY 17, 1988 The Council convened into the Work Session at 5:30 p.m. in the Civ.il Defense Room. PRESENT: Mayor Pro Tem HoPkins; Council Members Ayer, Boyd, Gorton and McAdams. ABSENT: Mayor Stephens; Council Member Alexander 1. The Council received Department regarding the use of tax collections. an update from the Finance outside agencies for current John McGrane, Executive Director for Finance, presented the possibility of contracting an outside agency for the collection of current taxes. This could be done in conjunction with the School District and the Appraisal District. The DISD had put out proposals for the collection of taxes which included a proposal to the Appraisal District. Staff felt that it would be cost beneficial to do this with an outside agency at this time. The date processing system for the collection of the taxes was outdated. Council Member Gorton stated that an outside agency would be a representative of the City and questioned the methods that were sometimes used by collection agencies. Mc6rane replied that the agency would be dealing strictly with current taxes and not delinquent taxes. Council Member Ayer asked why staff felt an outside agency would be better than in-house. McGrane stated that staff would have to be expanded if it were done in-house and that the data processing system for the tax collection was outdated and would have to be upgraded to continue with the process. Ayer stated that he was reluctant to relinquish one of the prime tasks of government to collect taxes. He felt that government needed to be closest to that activity rather than to contract that activity out. 2. The Council received an update from the Main Street Committee. Alan Cole, Chairman Main Street Committee, stated that Main Street was not just for downtown business owners but for all residents; He presented the proposed boundaries of the project. He stated that the Committee was concerned that various groups may overlap activities/projects for the downtown area and that a Main Street coordinator could prevent such an overlap. 79 8 City of Denton City Council Minutes May 17, 1988 Page 2 Cole presented the recommendations from the Committee which included approval of the proposed boundaries, hire a Main Street Coordinator, budget funds for the Main Street project and use excess funds from the Community Development Block Grant program for Main Street. Mayor Pro Tem Hopkins thanked Mr. Cole for his presentation and stated that Council would take the recommendations under consideration. 3. The Council held a discussion of possible annexation of 20.287 acres located west of FM 2181 and adjacent to Old Alton Cemetery. Cecile Carson, Orban Planner, stated that the property was the site of a proposed mobile home park. After evaluation by the staff, it was determined that annexation was appropriate. Consensus of the Council was to proceed with annexation. 4. The Council held a discussion on a request of the Denton Independent School District for annexation of 60.097 acres of land located on McKinney Street approximately 1,800 feet east of Mayhill Road. Cecile Carson, Urban Planner, stated that Council had requested additional information regarding the cost of development in the area. Option #1, annex the school site only, was the least costly. Most of the cost for services would be picked up the the DISD during the development process. Option #2, annexation of approximately 90 acres around the school site, would still be a minimal cost as most of the water and sewer costs would be picked up by the DISD during the development process. Option #3, annexation of approximately 1200 acres, would be the most costly requiring the upgrading of some roads and the installation of new utility lines. Staff was recommending option #2. After discussion, the consensus of the Council was to begin the annexation process with Option #2 with the option to drop back to Option #1 if necessary. 5. The Council held a discussion of Statement and Reallocation of unused 1987 Community Development Block Grant Program. the 1988 Final funds of the Lloyd Harrell, City Manager, stated that there were two issues the staff needed direction from the Council. The first was consideration of the' final Community Development Block Grant application for the next year and the second was consideration of an amendment to the 1987 program. City of Denton City Council Minutes May 17, 1988 Page 3 The consideration of the final CDGB application included a review of proposed activities and objectives for the program. Two new programs were being proposed - English as a second language and an education assistance program. CDBG had to present the programs to the Human Resources Committee for approval before being able to use CDBG money for the projects. The amendment to the 1987 program involved determining alternative uses for remaining CDBG money. Alternatives included using the remaining money for housing rehabilitation projects or dividing the money between housing rehabilitation and the Main Street project. Mayor Stephens joined the meeting. After discussion, consensus of the Council was to reconsider the item after a pending meeting of the Community Development Block Grant Committee in case the Committee's recommendation would change. 6. The Council did not meet in the Executive Session during the Work Session. The Council convened into the regular session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Ayer, Boyd, Gorton and McAdams. ABSENT: Council Member Alexander The Mayor presented the following proclamations: Karen Connor Day Mental Health Month Item 2. was moved ahead in the agenda order. Public Hearings A. The Council heard a petition of the City of Denton requesting establishment of the Agricultural (A) zoning district .on 24.3957 acres located at the northwest corner of Rector Road and 1-35 North service road and more fully described as the J. Ayers Survey, Abstract No. 2, and the B. Burleson Survey, Abstract No. 65. If approved, the property may be utilized for any use permitted under the Zoning Ordinance. Z.88-005 81 City of Denton City Council Minutes May 17, 1988 Page 4 The Mayor opened the public hearing. No one spoke in favor. Jackson Fulgham, an area property owner, spoke in opposition. The property was predominately residential in nature. He stated that agricultural zoning was being requested on property which was clearly being used as an industrial piece of property. He did not understand why that type of zoning was being requested when an industrial use was already on the property which was not compatible with surrounding property. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that this was a petition of the City of Denton for permanent zoning on the property which was annexed into the City with a temporary Agricultural zoning classification. The area was a Iow intensity area, predominately residential in nature. The Agricultural zoning was the most restrictive land use. Extension of City utilities to the area was not anticipated in the near future. The following ordinance was considered: NO. 88-083 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 24.39S7 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF RECTOR ROAD AND THE SERVICE ROAD OF INTERSTATE 35, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR AN AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Gorton 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. B. The Council considered an ordinance of the' City Council of the City of Denton, Texas amending Article 10 ("Specific Use Permits") of Appendix B-Zoning by repealing the time limit for which construction must begin; and providing for an effective date. City of Denton City Council Minutes May 17, 1988 Page 5 The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Elizabeth Evans, Planning Administrator, stated that the ordinance would delete the automatic expiration provision for Specific Ose Permits. Each permit would be given a time limit on a case by case basis. The Council would still have the option to place time limits on a permit. After considerable discussion centering around expiration dates for current permits and standard time limits for all new permits, Boyd motion, Gorton second to table the item until the next regularly scheduled meeting. On roll vote, McAdams "aye," Hopkins "aye," 6orton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council returned to Item #1. 1. The Council received a presentation by the Delta Lodge to the City of Denton Police Department. David Byles, Chapter Advisor to the Delta Lodge, expressed the Lodge's appreciation to the Council and the community for their support of the Fry Street Fair. A portion of the proceeds from the Pair were always donated to charity and other community causes. This year the Lodge wanted to present the City of Denton Police Department with a check for $1,000 to be placed in the Denton Police Department Flack Jacket Fund. Consent Agenda Mayor Stephens stated that Item #3.A.6. had been pulled by staff. Gorton motion, McAdams second to approve the Consent Agenda with the exception of Item #3.A.6. Motion carried unanimously. Consent Agenda A. Bids and Purchase Orders: 1. P.O. #9857 - Office Supplies 83 2. P.O. #9862 - Cement, Concrete and Aggregate City of Denton City Council Minutes May 17, 1988 Page 6 3. P.O. #9864 - Traffic Control Parts 4. P.O. #9849 - Pembrooke St. 8" Waterline 5. P.O. #98S3 - Peach St. Tank Painting ~ Repair Pulled by 6. Staff P.O. #9841 - Purchase of Raw Water 8 MGD Pump Unit #3A P.O. #9810 Oversize Water Lines - Westgate Hills North Subdivision B. Tax Refunds Consider approval of a tax refund for Wadley Central Blood Bank of Denton - $1,767.73 C. Plats and Replats Consider approval of preliminary plat of the LaVilla Addition, Lot 1, Block 1, being a replat of Lots 1-6, Block 1 of the Owsley Park Addition, and Lots S-8 of the Stella Lee Owsley Addition. 4. 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. 88-0 84 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR S~RVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," 6orton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes May 17, 1988 Page 7 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. 88-085 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. Hopkins motion, McAdams 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. C. 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. 88-0 86 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. 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. D. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Tonto Construction and providing for an increase in the contract price. The following ordinance was considered: NO. 88-087 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND TONTO CONSTRUCTION, INC. FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. 85 City of Denton City Council Minutes May 17, 1988 Page 8 Bob Nelson, Executive Director for Utilities, stated that this was a change order to the upgrading of the water treatment plant. 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. E. The Council considered adoption of an ordinance of the City of Denton, Texas, approving a settlement and compromise agreement for pending litigation between the City of Denton and Joe ~. Sherrill, ET UX. The following ordinance was considered: NO. 88-0 88 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT AND COMPROMISE AGREEMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND 'OE W. SHERRILL, ET UX; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Gorton second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance amending Ordinance No. 87-081 to provide for an expiration date for the specific use permit granted therein for a horse training park for 173.3 acres of land located at 3505 Teasley Lane. (S-192) The following ordinance was considered: NO. 88-089 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 87-081 TO PROVIDE FOR AN EXPIRATION DATE FOR THE SPECIFIC USE PERMIT GRANTED THEREIN FOR A HORSE TRAINING PARK FOR 173.3 ACRES OF LAND LOCATED AT 3505 TEASLEY LANE; AND PROVIDING FOR AN EFFECTIVE DATE. Elizabeth Evans, Program Administrator, stated that this would allow for a five year extension on the specific use permit granted at 3505 Teasley Lane. Hopkins motion, McAdams 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 May 17, 1988 Page 9 G. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with Black and Veatch, engineers-architects, for professional engineering services relating to the Lake Ray Roberts Hydropower Project. The following ordinance was considered: NO. 88-090 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BLACK AND VEATCH, ENGINEERS-ARCHITECTS, FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO THE LAKE RAY ROBERTS HYDROPOWER PROJECT; AND PROVIDING AN EFFECTIVE DATE. Bob Nelson, Executive Director for Utilities, stated that the purpose of the agreement was to review the feasibility of the project and to prepare the turbine generator specifications. 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. $. Resolutions A. The Council considered approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit an amendment to the Final Statement of Objectives and Projected Use of Funds submitted June 16, 1987 to the Department of Housing and Urban Development with appropriate verifications, as authorized and required by the Housing and Community Development Act of 1974, as amended. The following resolution was considered: RESOLUTION NO. R88-031 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 16, 1987 TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE VERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND DECLARING AN EFFECTIVE DATE. Lloyd Harre11, City Manager, stated that this resolution only dealt with the Martin Luther King, Jr. Center change to make sure all expenditures were eligible under federal regulations. City of Denton City Council Minutes May 17, 1988 Page 10 Boyd 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 to submit to the Department of Housing ~ Urban Development a Final Statement of Objectives and Projected Use of Funds. Mayor Stephens stated that this item had been discussed during the work session and that consensus of the Council was to receive more information about the resolution before voting on its approval. Boyd motion, Gorton second to table the item until the next regular Council meeting. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered approval of a resolution of the City of Denton, Texas, approving a contract with the Texas Department of Commerce to receive funding for and administer the Texas Rental Rehabilitation Program. The following resolution was considered: RESOLUTION NO. R88-032 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT WITH THE TEXAS DEPARTMENT OF COMMERCE TO RECEIVE FUNDING FOR AND ADMINISTER THE TEXAS RENTAL REHABILITATION PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. Barbara Ross, Community Development Coordinator, stated that the resolution would accept a contract with the Texas Department of Commerce for $500,000 in rental rehabilitation funding. Boyd 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. D. The Council considered approval of a resolution accepting the report of the Blue Ribbon Task Force for the beautification of the City insofar as the same relates to the major roadways comprising entrances to the City and beautification of those entranceways; designating said entranceways and providing an effective date. City of Denton City Council Minutes May 17, 1988 Page 11 89 The following resolution was considered: RESOLUTION NO. R88-033 A RESOLUTION ACCEPTING THE REPORT OF THE BLUE RIBBON TASK FORCE FOR THE BEAUTIFICATION OF THE CITY INSOFAR AS THE SAME RELATES TO THE MAJOR ROADWAYS COMPRISING ENTRANCES TO THE CITY AND BEAUTIFI- CATION OF THOSE ENTRANCEWAYS; DESIGNATING SAID ENTRANCEWAYS AND PROVIDING AN EFFECTIVE DATE. Boyd motion, Gorton 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. Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented'the following items: A. April Budget Recap - information was listed in the back-up materials for the Council. B. Reminded Council of the NCTCOG Luncheon on 3une 10 if anyone were interested in attending. 7. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. New Business There were no items of New Business suggested by Council Members for future agendas. 9. The Council reconvened discuss the following items: into the Executive Session to A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Held a discussion of possible litigation concerning Maverick Aircraft· B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments -- Under Sec. 2(g), ~ Art 6252-17 V.A.T.S. City of Denton City Council Minutes May 17, 1988 Page 12 Considered appointments to the Low/Moderate Income Housing Task Force. Considered appointments to the Solid Waste Blue Ribbon Committee. No official action was taken. With no further business, the meeting was adjourned at 9:50 p.m. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 2922C