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Minutes June 21, 1988117 CITY OF DENTON CITY COUNCIL MINUTES JUNE 21, 1988 The Council convened into the Work Session at 5:15 p.m. Civil Defense Room. PRESENT: ABSENT: 1. the following: in the Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Alexander, Boyd, Gorton and McAdams. Council Member Ayer The Council convened into Executive Session to discuss A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S. Received an update and hold a discussion regarding Maverick vs. the City of Denton 2. Discussed County vs. City of Denton. B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S. Personnel/Board Appointments -- Under Sec. 2(g), Art 6252-17 V.A.T.S. 1. Held a discussion and considered appointments to all City of Denton Boards and Commissions. 2. The Council was to 9-1-1 Emergency District. This item was not discussed. receive a briefing regarding the 3. The Council was to hold a discussion recommended Five Year Capital Improvement Plan. regarding the This item was not discussed during the work session. The Council then convened into the regular session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Alexander, Boyd, Gorton and McAdams. ABSENT: Council Member Ayer Mr. Lee Knox, American Legion Commander - Post 71, presented the Mayor and Council a citation of appreciation ~or correctly displaying the American flag 24 hours per day. 118 City of Denton City Council Minutes June 21, 1988 Page 2 1. The Council received a request from the Kiwanis Children's Clinic to place a banner across Locust Street at the intersection with Mulberry announcing the annual Fourth of July Fireworks Show. John Adami, representing the Kiwanis, requested permission to place a banner across Locust Street. Gorton motion, Alexander second to approve the request. Motion carried unanimously. Item 2. B. was moved ahead in the agenda order. Public Hearings B. The coUncil considered an ordinance amending Articles 4.01 through and including Article 4.06 of Chapter IV of Article III of Appendix A (Denton Development Code). of the Code of Ordinances to provide, for new and amended regulations and requirements for streets, driveways, parking lots, and sidewalks; repealing Articles 4.17 and 4.18 of Appendix A. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. Bill Coleman, speaking neither in favor nor opposition, stated that the ordinance may not be as complete as the Council may want it to be. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reviewed the provisions of the ordinance including perimeter street paving, sidewalks, driveway/parking lots and collector streets. An adjustment had been made to the ordinance concerning the requirement of sidewalks in certain development cases which Carson reviewed. The following ordinance was considered: City of Denton City Council Minutes June Zl, 1988 Page 3 NO. 88-103 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLES 4.01 THROUGH AND INCLUDING ARTICLE 4.06 OF CHAPTER IV OF ARTICLE III OF APPENDIX A (DENTON DEVELOPMENT CODE) OF THE CODE OF ORDINANCES TO PROVIDE FOR NEW AND AMENDED REGULATIONS AND REQUIREMENTS FOR STREETS, DRIVEWAYS, PARKING LOTS, AND SIDEWALKS; REPEALING ARTICLES 4.17, 4.18 AND 4.19 OF CHAPTER IV OF ARTICLE III APPENDIX A; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE MAXIM~JM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Council returned to the regular agenda order. A. The Council considered a petition of Victor Equipment Company requesting a variance of Article 4.04 of the City of Denton Subdivision and Land Development Regulations on a 15.451 acre tract located south of FM 1515 and west of 1-35W. This property was further described as a tract in the E. Puchalski Survey, Abstract No. 996. Article 4.04 required that developers install sidewalks on one side of all thoroughfares and collector streets adjoining a subdivision. A sidewalk was required along the south side of FM 1515 and the west side of 1-35W. V-44. (The Planning and Zoning Commission had no recommendation.) The Mayor opened the public hearing. Harold Staling, Victor Equipment representative, withdrew the request for sidewalk variance along with a plat which was to have been considered on the Consent Agenda. C. The Council considered an ordinance amending the Code of Ordinances to add Appendix C-Tree Preservation, Landscape, and Screening Requirements and Regulations. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. Mike Cochran spoke in favor of the petition. He felt that it was long needed in Denton. No one spoke in opposition. 119 120 City of Denton City Council Minutes June 21, 1988 Page 4 The Mayor, closed the public hearing. The following ordinance was considered: NO. 88-104 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A NEW APPENDIX C TO THE CODE OF ORDINANCES TO PROVIDE FOR TREE PRESERVATION, LANDSCAPE, AND SCREENING REQUIREMENTS AND REGULATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. Frank Robbins, Executive Director for Planning, presented an overview of the history of the ordinance and a summary of the contents of the ordinance. McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Item #4.D. was moved ahead in the agenda order. Ordinances D. The Council considered adoption of an ordinance directing the publication of notice of intention to issue City of Denton Utility System Revenue Bonds, Series 1988, in the maximum principal amount of $3,500,000, and directing the issuance and publication of Notice of Sale of said bonds. The following ordinance was considered: NO. 88-108 ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1988., IN THE MAXIMUM PRINCIPAL AMOUNT OF $3,500,000, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS. Frank Medanich, First Southwest Company, reviewed the details of the sale of the bonds. Mayor Stephens referred to the section of the Code of Ordinances relating to a non-binding public vote on the sale of revenue bond issues. He felt the public should not be bypassed as stated in the Code of Ordinances. City of Denton City Council Minutes June Zl, 1988 Page 5 Medanich replied that the City's bond counsel had advised him that the .City was authorized by Article 2368a to proceed in the manner in the issuance of revenue bonds. He also stated that where there was a conflict between a Charter and the laws in the Constitution of the State of Texas, the laws in the Constitution prevailed. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "nay." Motion carried with a 5-1 vote. 3. Consent Agenda McAdams motion, Gorton second to approve the Consent Agenda with the exception of item 3.B.3. which was withdrawn by the petitioner. Motion carried'unanimously. Consent Agenda A. Bids and Purchase Orders: Bid #9867 - Asphalt Emulsion & Road Materials Bid #9868 - Radio Controlled Load Switches Bid #9858 - Woodrow Lane Culvert and Channel Improvements Bid #9863 - Fiberglass Poles 5. P.O. # 84869 - Poly American - $29,550. Withdrawn by Petitioner Plats and Replats Consider approval of preliminary plat of the Goldfield Tennis Center Addition, Lots 1 and 2, Block 1. (The Planning and Zoning Commission recommended approval.), Consider approval of preliminary replat of part of Lot 27 to Lots 27A and 27B, Little Brook Estates, Unit Number 2. (The Planning and Zoning Commission recommended approval.) Consider approval of preliminary plat of the Victor Addition, Lot 1, Block A. (The Planning and Zoning Commission recommended approval.) Tax Refunds Consider approval of a tax refund for Denton Savings Association/George Chauncy for $637.62. 121 i22 City of Denton City Council Minutes June 21, 1988 Page 6 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. 88-105 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 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. 88-106 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," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. 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. The following ordinance was considered: City of Denton City Council Minutes June 21. 1988 Page ? NO. 88-107 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, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. D. Item D. was considered earlier in the agenda. E. The Council considered adoption of an ordinance approving Deloitte Haskins and Sells to begin an audit of the fiscal year ending September 30, 1988. The following ordinance was considered: NO. 88-109 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE. HASKINS, AND SELLS AS AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1988, AND PROVIDING AN EFFECTIVE DATE. John McGrane, Executive Director for Finance, stated that the City had a three year agreement with Deloitte, Haskins, and Sells and that this was the annual update to that agreement for the audit of the City's fiscal year ending September 30, 1988. Hopkins motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance by the City Council of the City of Denton amending Ordinance No. 87-027 by establishing an Air Conditioner Cycling Rebate (ACCR) Schedule for customers served under rate schedules R-i, R-Z, GS and G1 and making available a credit to the electric utility bills of those persons who contract with the City of Denton for such rebate. (The Public Utilities Board recommended approval). 123 124 City of Denton City Council Minutes June 21, 1988 Page 8 NO. 88-110 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON AMENDING ORDINANCE NO. 87-027 BY ESTABLISHING AN AIR CONDITIONER CYCLING REBATE (ACCR) SCHEDULE FOR CUSTOMERS SERVED UNDER RATE SCHEDULES R-l, R-2, GS AND Gl; MAKING AVAILABLE A CREDIT TO THE ELECTRIC UTILITY BILLS OF THOSE PERSONS WHO CONTRACT WITH THE CITY OF DENTON FOR SUCH REBATE AND DECLARING AN EFFECTIVE DATE. Jeff Meyer, Energy Management Administrator, stated: that this was a major residential load management program. The program was a voluntary program for homeowners in which a device would be attached to their air conditioner. When the load capacity reached a certain point, the air conditioner would shut off for a maximum of one hour. Hopkins motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "ayes" Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance exercising the option to extend the contract of Heard, Goggan, Blair, and Williams for one year beginning July 1, 1988 through June 30, 1989, for the collection of all delinquent taxes. The following ordinance was considered: NO. 88-111 AN ORDINANCE APPROVING AN EXTENSION OF A CONTRACT BETWEEN THE CITY OF DENTON AND HEARD, GOGGAN, BLAIR, AND WILLIAMS, ATTORNEYS AT LAW FOR THE COLLECTION OF DELINQUENT TAXES; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. Resolutions A. The Council did not consider approval of a resolution appointing a member to the Board of Managers of the DENCO Area 9-1-1 District. 6. The Council considered an appointment to the Blue Ribbon Citizens Committee fo~ Solid Waste. City of Denton City Council Minutes June 21, 1988 Page 9 Alexander. motion, McAdams second nominate Linda Kohler to the Blue Robbon Citizens Committee for Solid Waste. Motion carried unanimously. 125 Miscellaneous matters from the City Manager Lloyd Harrell, City Manager presented the following items: A. Reviewed the May budget recap B. Reminded Council of a letter from Judge Vic Burgess regarding a meeting June 30, 1988 at 7:30 p.m. on the 2499 issue. The meeting was to be held in the Commissioners Court. C. Provided public recognition of the Planning staff, the Beautification Committee members, the Planning and Zoning members and all those who worked on the tree preservation and subdivision ordinances fo£ all their hard work on two such worthy projects. ItemS: The following action was taken on Executive Session A. Hopkins motion, McAdams second to nominate the following individuals to the City of Denton City Council Boards and Commissions: Airport Advisory Board David Arno Nancy Jane Hundley Don Williams Don Smith Board of Adjustment Frances LaForte Ralph Morrison Harold Harkins Buildinq Code Board Isabel Miller Charles Ginnings Cliff Reding Alfred "Bud" Green Wayne Allen (Alternate) Don Fletcher (Alternate) 12 6 City of Denton City Council Minutes June 21, 1988 Page 10 Cable TV Advisory Board Meta Carstarphen Citizens Traffic Safety Support Commission John Erwin David Graham Mike Amador Gene Gohlke Community Development Block Grant Committee Rey Trejo Don Chipman Katie Fleming Data Processinq Advisory Board Ronald McDade Cengiz Capan Electrical Code Board Clyde McWilliams Lance Spence Historic Landmark Commission Bullitt Lowry Judith Abbott Tom Miller Human Resources Committee Don Harper Linda Ashmore Dorothy Damico Reginald Logan Rudy Rodriguez Library Board David Spec~ Jean Schaake Margret Chrisman Parks and Recreation Board Roy Appleton Catherine Bell City of Denton City Council Minutes June 21, 1988 Page 11 Planninq and Zoninq Commission Jim Englebrecht William Kamman Plumbing and Mechanical Code Board Richard Cooper Pete Work Public Utilities Board Kenneth Frady TMPA Board of Directors-Denton Representatives Roland Vela Motion carried unanimously. B. City Manager Harrell submitted the name of Jack Miller for a continued term on the Civil Service Commission and asked for Council's approval. Boyd motion, Alexander second to approve the nomination. Motion carried unanimously. C. Mayor Stephens announced the appointment of Charles Glasgow and Weston Blair' to the Denton Housing Authority. ~9. New Business There were no items of new business suggested by Council Members for future agendas. The Council considered Item #3 from the work session. 3. The Council held a discussion regarding recommended Five Year Capital Improvement Plan. the Lloyd Harrell, City Manager, stated that at the last Council meeting the staff had presented the recommended five year CIP program as endorsed by the Planning and Zoning Commission and the Public Utilities Board. The next step was to bring to Council a resolution which Council would formally endorse the program. He asked if there were any remaining questions about any of the projects contained in the proposed program. in Executive Session 127 10. The Council did not meet ~ollowing ~he meeting. 128 City of Denton City Council Minutes June 21, 1988 Page 12 With no further business, the meeting was adjourned at 8:07 p.m. ~ITY SECRETARY CITY OF DENTON, TEXAS 2941C