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06/15/1987-CC-Minutes-Regular3470 Another item mentioned was the weed letters that were to be sent to property owners. Mayor asked city secretary if the letters had been sent. City secretary advised that her staff had not sent them. Jerry Jenkins stated city riaanager had given them back to Police Chief to send out. Mayor Armstrong went over two meeting 1=hat were for June 12 at the COG in Arlington. June 25th in Denison there will be a two day meeting in Denis�nw, Texoma Regional. Adjournment. City,,Secretary ® Mayor MZD7U=S: City Council Meeting June 15, 1987 MEMBERS PRESENT: Mayor Nel Armstrong, Carolyn Adkins, Wendall Thomas Danny McDaniel, Carroll McNeill, and Jerry Jenkins OTHERS PRESENT: Steve Shutt, Rose Shuffield, Mr. & Mrs. Leroy Elsey, Stan Day, Sandra Grover - Galaxy Cablevision, and Rhonda - Sanger Courier 1. Mayor Armstrong called the meeting to order, led the invocation, and the pledge to the flag. 2. Minutes were approved with the following changes on the minutes for May 26, 1987, to bechanged to Special Called Meeting and on the 2nd page on the 7th paragraph, this paragraph is to be changed to one -no vote, the minutes for June 1, 1987 on the 2nd page 3rd paragraph, that according to their contract it was to be paid in 30 days but according to our Pro Rata Ordinance, we are to hold it for six months. Paragraph 11-2nd sentence, the word tapping was to be changed to sewer line; and also, this fee is something that new people moving in to the City and tieing on to t'ne sewer line should pay. Minutes were approved with the above corrections. 3. Disbursements - Item #19: Fayment to Governmental Services Agency - the contract was pulled. City manager stated that the $1,600.00 was the final payment and that all the work had not been completed yet. Mayor Armstrong stated that on the contract with G.S.A., the City chose alternate two (2) which states that ail the work would be completed in six months. It has taken almost two years and the work is still not completed. This item is to be held on the disbursements. 348a On item 4f31 - Melton Services - this was to be held due to the fact that they were to send us a copy of the contract for a three month payout. The software was approved for payment $3209.50 with the acceptance of the hardware. Motion was made by Jerry Jenkins with Item #14 and #31 deleting hardware and #19 G.S.A. C.G. McNeill seconded the motion. Motion carried. 4. Citizen Input - None Consider and possible concerning Galaxy Cablevision action to increase rates and application of Franchise Fee charges. Steve Shutt addressed the issue to the fact that he realized that there was new federal legislation that has come out and cast some clouds on the ability of local government to regulate the rate of cable television. Steve stated he had contacted the city attorney and he had two things on the Franchise Agreement. In his opinion it was not properly legal for a cable company to raise rates without going through the hearing process that is prescribed in the Franchise Agreement. This process has to be done. Barbara form the Galaxy addressed the issue and referred to the Cable Act of 1984. According CO her understanding it was a rate deregulation of all cable services. The State Legislation allowed total deregulation. Discussion continued. rlayor Armstrong stated that they are not concerned with the Franchise Fee but the problem Mr. Shutt is having is that the fee is being billed to the customers. Is. Glover's reply was that even though they are charging a line item Franchise. Fee to the customer that the 3o they are paying to the city is the 30 of the total plus rental they are getting. Steve Shutt stated that his thoughts on this was that what they are saying to citizens is that the extra 75 cents is being charged because the city is making them pay 30. He stated that he is not doubting with what she is saying but they had had problems with the previous cable company commuzLicating with the city. He felt like the city needed a definate opinion from the city attorney and in that case they could amend the Franchise Agreement. Mayor Armstrong stated that maybe they could give the city a letter stating exactly what the bill said regarding raising of rates and giving exact figures of what they are doing regarding the Franchise Fee and to see if it meets with the city attorney's approval and interpretations of the law. Mayor Armstrong stated to Ms. Glover that we needed copies of all the new insurance policies. Tits. Glover did state send a copy of the new Federal Cable Act regulated along with the letter. 6. Consider -and possible action on Ordinance #6-87 Flood Plain. City Council reviewed copies of Flood Plain Ordinance #6-87. Mayor Armstrong also stated she would like the Flood Plain Map displayed. 349. Motion was made by Jerry Jenkins to accept Flood Plain Ordinance 06-87 as is. Seconded by Wendall Thomas. Motion carried. 7. Consider and possible action to abandon Do easement for L.R. Elsey on the east side of their residence located on Keaton and W. Austin. Mayor Armstrong did state if it was correct there were no utilities in the easement. -- Steve Shutt stated that that was correct. Item was discussed. Motion was made by Carolyn Adkins and seconded by C.G. McNeill to grant abandonment of the 16' easement requested by L.R. Elsey located on the east end of Lot 4 Block 1 on the west side of Industrial Park Addition. Motion carried.. 8. Consider and possible action to accept Watea= and Sewer Lines built by S.I.S.D. South to new lift station and to accept Maintenance Bond. Motion was made by C.G. McNeill and .seconded by Wendall Thomas that this item be tabled until as is plan has been received. Motion Carried. 9. Consider and possible action to increase re:�erves from 10 to 15 to be presented by Police Cheif, Benny Erwin. Jerry Jenkins addressed the issue for Benny Erwin who was not able to attend. Jerry Jenkins went over th:is issue and the reasons for the need to increase the reserves. Motion made by Jerry Jenkins to increase the police reserves from 10 to 15 and was seconded by Carolyn Adkins. l�Zotion carried. 10. City manager's Report: City manager stated he had done some research on the effect of State Legislation regarding Impact Fee. Steve Shutt stated he did not have conclusive information but that might be because the Municipal League did not negotiate the cities position against the Builder's Association like they should have. Steve Shutt did state it totally excluded the electric. Discussion continued. Steve Shutt gave the City Council copies of the Subdivision Ordinances. It has the street specification included. Steve wanted the City Council to review and give him their comments on it. Mayor Armstrong stated that the letter Steve Shutt sent to R.L. Roberts did not include the problem on 112 Hillcrest and Marcia Drive that needed to be corrected. Mayor Armstrong asked if the letters had been sent to both bidders on 3rd phase, Duininck and tvrann-ing. Steve Shutt said that he would take care of that. Mayor Armstrong asked if theproblem on the situation with Augusta Fudge had been solved. Discussion continued. Mayor Ar=strong had given a copy of the ordinance concerning Manufacturers Housing that Mr. Nichol's, city attorney, had sent her and some of the copies concerned the law regulation on this. Mayor Armstrong stated they can not keep them from coming into the city but they can regulate where they can be placed if it's not an appropriate area for such. Discussion continued. Steve also mentioned about the letter of correspondence sent to Mr. Fulgham was in violation of. Steve Shutt stated that Mr. Fulgham did want to come before Council to address this. issue. 350. Steve Shutt also discussed exterminating the Senior Sullivan Center. The Council agreed to go ahead with Adams Exterminating. 11. Other Such Matters: Another item mentioned was the letter that Stan Day sent. to S.I.S.D. about work to be done on the school since they've decided that trey wanted to go underground. Mayor asked why was the school's Pro Rata Agreement not on the agenda. Lengthy discussion continued on the school for the Pro Rata Agreement. Mayor asked t'ne City Council if they all were in agreement that if the school would deduct $9,470.00 from the $60,000.00 from the lift station (which represented Snider's Subdivision) if they could possibly consider the school's Pro Rata Agreement and it could be on the aganda next month. Mayor Armstrong also stated that all subdivisions have to be accepted by the City Council and that item needs to be on the agenda. C.G. McNiell stated that on 6th and Peach, 6th and Plum, 3rd and 455, there were some potholes on these streets that needed to be fixed. Steve advised he would see that they were corrected. 12. Adjournment. ' City Secretary Q VIIN zIaIU..%%®%ci.al Called Meeting City Council and Planning & Zoning June 22, 1987 1015100) MEMBERS ABSENT: OTHERS PRESENT: Mayor Nel Armstrong, C.G. N.cNeill, Jerry Jenkins, Wendall Thomas, Billye Hollingsworth, Danny McDaniel, Kenneth Howard, Eileen Brittian, Tommy Kincaid, Russell Madden, and Fred Yeatts Carolyn Adkins Steve Shutt, Rose Shuffield, Robin Parker, Bill Enlow, Mr. and Mrs. Burl Bourland, Woodrow Barton, Charles Freeman, W.L. Enlow, Charles Petty, Neal Odom, Mike Vinson, Rhonda H.-Sanger Courier, Elaine Schad - Denton Record Chronicle, Mr. and Mrs. Shafer, W.B. Bell, and Elaine Berndt 1. Mayor Armstrong called City Council meeting to. order. She went over the rules to follow: (a) Three minutes was allowed time to speak; (b) State name, address and property referring to when they come up to the podium. Chairperson Billye Hollingsworth called the. Planning & Zoning Meeting to order. 2. Mayor Armstrong led the invocation and the pledge to the flag.