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Minutes December 01, 1987361 CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 1, 1987 The Council convened into the work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None 1. The Council received a report regarding the Municipal Court operations with recommendations. Lloyd Harrell, City Manager, stated that staff had taken a comprehensive look at the Municipal Court operations in the areas of staffing needs and physical layout needs of the Municipal Court. Specific improvement standards were being proposed for the Council's consideration. John McGrane, Executive Director of Finance, reviewed the proposals presented to the Council. He was asking the Council to review the report and if consensus was to proceed, staff would return at a later meeting with the necessary budget amendments necessary to implement the changes. He also suggested the formation of a Municipal Court Advisory Committee with a member of the Council to be included on that committee. McGrane reviewed current operations in the Municipal Court Division and briefed the Council on procedure revisions currently in effect in the Municipal Court. Staff was proposing the following recommendations: (1) Staffing - upgrade the Municipal Court Supervisor. to Municipal Court Administrator, add a position of Assistant Court Clerk, add a Senior Secretary for the Municipal Judge; (2) Space/Equipment - rearrange the Municipal Court section and the Cashiering section to allow for easier access between these two departments; (3) Automation/Communication - be prepared to start the automation system within two months. McGrane proposed two reporting groups to assist with the policy and procedures of the Municipal Court. One group would consist of the City Manager, the Executive Director of Finance, the Treasurer, and the Municipal Court Administrator. This group would meet to discuss problems in the Municipal Court. The second group, the Municipal Court Advisory Committee, would consist of the Municipal Court Administrator, the City Attorney, the Municipal Court Judge, the Finance Director or Treasurer and a Council Member. The purpose of this committee would be to deal with policy and major issues of the Municipal Court. Consensus of the Council was to proceed as presented. 362 City of Denton City Council Minutes December , 1987 Page 2 2. The Council received a capital recovery fees update. David Ellison, Acting Executive Director of Planning, stated that a recent bill had been passed regarding capital recovery fees. The Texas Association of Builders had sponsored the bill because cities were passing impact fees based on poor studies and were enacting the fees overnight with little input from builders and citizens. The Association was finding that it was cost prohibitive .to challenge the fees in court and had sponsored the bill in the Legislature. Ellison reviewed the provisions of the bill. Bob Nelson, Executive Director of Utilities, recapped information from previous studies and potential growth in related costs. It was the recommendation of the staff to proceed with water and sewer fees and wait on street and storm drainage fees. Staff was also suggesting reactivation of the citizens committee to further examine this area. Nelson also requested authorization to begin a new study on capital recovery fees. Consensus of the Council was that more information was needed and to place the item on a future agenda. 3. The Council convened into Executive Session to discuss legal matters (Hawley vs. the City of Denton, Anderson vs. th~ City of Denton, D.I.S.D. vs. Walter Ray Hawk et ex, D.I.S.D vs. Gary O. Fellars, and an update on settlement of County vs. City), real estate, personnel and board appointments. The Council then convened into the regular session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None 1. The Council considered approval of the minutes of the regular meeting of November 3, 1987; the work session of November 10, 1987; the regular meeting of November 17, 1987; and the work session of November 24, 1987. Mayor Stephens requested that the following revisions be made to the minutes of November 17, 1987: (1) the reason for his absence, City business, be so noted and (2) the names of the individual~ elected to the North Texas Higher Education Authority be included in the minutes. Hopkins motion, Gorton second to approve the minutes as revised. Motion carried unanimously. 363 City of Denton City Council Minutes December 1, 1987 Page 3 Public Hearings A. The Council considered a petition of Singing Oaks Church of Christ requesting a specific use permit in a multi-family district (MF-1) on a 0.134 acre tract located on the west side of Oakland Street approximately 140 feet south of Sawyer Street. The property was further described as a tract in the B.B.B. & C.R.R. Company Survey, Abstract No. 196. If approved, the specific use permit would permit the utilization of the existing structure as a residence and a student campus ministry center. S-195 The Mayor opened the public hearing~ Ray Hawkins, Campus Minister at North Texas State University - Christian Campus Center, spoke in favor. The existing structure would be used as a residence and also as a student campus ministry center at Texas Womans University. He requested the Council to approve the petition. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that the specific use permit would allow the existing residence to be used as a continued residence and campus ministry center. The permit would not violate the current intensity standards. Permission had been obtained from TWU for off-site parking. There were no Development Guide violations. Planning and Zoning had recommended approval with a 6-0 vote. The following ordinance was considered: NO. 87-212 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A STUDENT CAMPUS MINISTRY CENTER, AS SAID PERMIT APPLIES TO A 0.134 ACRE TRACT OF LAND LOCATED AT 1017 OAKLAND STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREFOR; 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," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 364 City of Denton City Council Minutes December 1, 1987 Page 4 B. The Council considered a petition of Claude E. Hill requesting a change in zoning from the multi-family (MF-1) district to the general retail (GR) classification on an 0.172 acre tract located on the south side of West Prairie Street, approximately 100 feet east of Bonnie Brae Street. The property was further described as Lot 3, Block 13, of the Owsley Park Addition. Z-1870 The Mayor opened the public hearing. Greg Edwards, Metroplex Engineering, spoke in favor of the petition. He stated that Mr. Claude Hill currently owned an adjoining lot at which was located the present Red Barn. The owner would like the zoning changed so that he could expand the existing commercial uses if he so desired in the future. As Bonnie Brae was designated as a major arterial, the owner would be dedicating a 45' building line to allow for future expansion of Bonnie Brae. There would be only a minor change in the intensity of the area. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that this was a request for a change in zoning on a 50' lot from multi-family to general retail. The property was located in a moderate intensity area what was currently under the standard by 35% based on the existing zoning and 46% based on existing land use. An approval of the request would not result in a violation of the intensity standard for the area. Staff's concern with the proposal was another policy of the Development Guide known as the Strip-Commercial Policy. Approval of the proposal would extend the commercial node of strip commercial development. The Planning and Zoning Commission approved the request-with a 6-1 vote. Mayor Pro Tem McAdams asked why a Planned Development had not been submitted if the owner was planning to expand his current business. Spivey replied that the owner did not have any current plans to expand but wanted the zoning for possible future use. The size of the lot would make it difficult for separate businesses to be built there. The Council allOwed the property owner to address the Council. City of Denton City Council Minutes December 1, 1987 Page 5 365 C.D. Hill, 3110 Montecito, stated that he was owner of the property in question. He purchased the property because 20' of his property would be taken with the improvement of Bonnie Brae. That would destroy the businesses already on the site. When Bonnie Brae was improved, he could construct a similar building with an extension. The following ordinance was considered: NO. 87-213 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 APPROXIMATELY 0.172 ACRE OF LAND LOCATED ON THE SOUTH SIDE OF WEST PRAIRIE STREET APPROXIMATELY 100 FEET EAST OF BONNIE BRAE STREET AND MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM MULTI-FAMILY "MF-i" DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL "GR" 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. Hopkins motion, Gorton second to adopt the ordinance. vote, McAdams "aye," Alexander "aye," Hopkins "aye," "ayes" Ayer "ayes" Boyd "aye," and Mayor Stephens Motion carried with a 6-1 vote. On roll Gorton "nay." C. The Council considered a· petition of Burke Engineering, representing Tom King, requesting a change in zoning from the multi-family (MF-1) district to the planned development (PD) classification and approval of a detailed plan on a 1.11 acre tract located on the north side of University Drive (U.S. Highway 380) approximately 312 feet east of North Locust Street (FM 2164). The property was further described as a tract in the N.H. Meisenheimer Survey, Abstract 811. If approved, the planned development would permit the development of three miniature golf courses with an accessory office, game room, and two rest room buildings. Z-1871 The Mayor opened the public hearing. Tom King, owner of the property, spoke in favor of the petition. He felt that Denton needed such a project. He would be doing much of the construction work himself and requested the Council to approve the request. 366 City of Denton City Council Minutes December 1, 1987 Page 6 Mark Stalls, 127 E. Sherman, spoke in opposition. He lived north of the proposed project and objected to the type of night activity such a project would create. He stated that the lighting of the area would create a problem as well as the people who might tend to congregate there. The activity associated with that type of project would not be conducive to families living in the area. The Mayor allowed Mr. King a rebuttal. King stated that the lighting would be 10' florescent lighting. The fencing would be 8' in height but could be 10' if needed which would block the light from surrounding homes. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that the petitioner would, if the petition was approved, demolish the existing structures and build an entertainment complex which would consist of three miniature golf courses, an office/game room building. The proposal would not violate the overall intensity standard for the area. Strip commercial development would be a concern as well as neighborhood compatibility. Parking would be required to be in the front of the property with generous set-backs and 20% of the property was proposed for landscaping. The Planning and Zoning Commission had denied the proposal with a 5-1 vote due to the violation of commercial strip policy and the protection of the existing neighborhood policy. McAdams motion, Ayer second to deny the petition. Motion carried unanimously. 3. The Council received a report from Mr. Thomas Fuller regarding street conditions in the City of Denton, specifically Bryan Street and Avenue C. Mr. Fuller spoke to the Council regarding street conditions in the City of Denton. He showed Council photographs of various locations with poor street conditions including Avenue C, Eagle Drive and Avenue C, Bryan Street and Oak Street. He felt that action was needed now to repair the streets. Mayor Stephens stated that Mr. Fuller had a damage claim against the City and that the Council was advised by the City Attorney not to discuss the matter at that time. 4. The Council received a report from the Denton Police Association regarding police employment opportunities. City of Denton City Council Minutes December 1, 1987 Page 7 367 Roger White, President of the Denton Police Association, read a statement from the members of the Association objecting to the recent raises by the City Attorney, Municipal Judge and City Manager. They felt that they had been mislead in consideration of the recent raises. They asked what the Council planned to do about the market adjustments for the other City employees. They had lost confidence when they were told they would not be getting raises and then other people making much more money were given increases. They wanted to go on record supporting the Denton Fire Fighters Association in their endeavors to obtain a salary commensurate with the professional level of service they provided to the citizens of Denton. 5. The Council received a report from the Denton Fire Fighters Association regarding the need for pay raises in the Denton Fire Department. Ken Gold, Denton Fire Fighters Association, expressed support for the Denton Police Association in their efforts to achieve a Police Department pay plan that was commensurate with the responsibilities and the high degree of personal risk of the job. He stated that the firefighters were at the Council meeting because of their concern regarding some of the events which recently unfolded. At the beginning of the budget process, they were told that money was very tight ~ that there were no pay raises in the budget this year except for the step raises. The Fire Department was the only department to receive a pay cut this year. There was a pay raise to a few in City Management that was told to be based on need and responsibility. They were not against anyone getting a pay raise but that the 40% of the employees who were not eligible for step raises were composed primarily of firefighters who did not have step raises. An extensive pay survey was going to be completed by February that would be submitted to the Council. Mayor Stephens presented a rationale that the Council used concerning the pay increases for the City Manager, Municipal Judge and City Attorney. He stated that a large number of City employees were eligible for step increases and merit increases. The previously mentioned three employees were employed directly by the Council. These employees were relatively new and the Council wanted to treat them as other members of the City were treated. Based on the past year's activities, the Council felt that these three employees were deserving of merit increases. There were no across the board raises but merit increases which were well deserved. The other members of the Council shared their views and concerns dealing with this issue and expressed support of the Mayor's comments. 368 City of Denton City Council Minutes December 1, 1987 Page 8 Bill Williamson stated that the Council had missed the point concerning the raises given the City Manager, City Attorney and Municipal Judge. People were upset by the way in which the raises were given. There was poor communication between the Council and the public. People were upset with all the talk of belt tightening and then these three people were given substantial raises. Jerry Cott read a statement supporting the position of the Council with respect to the merit increases of the City Manager, City Attorney and Municipal Judge. e Consent Agenda Mayor Stephens stated that Item 6.A.9. had been pulled by the staff. Pulled By Staff Gorton motion, Hopkins second to approve with Consent Agenda with the exception of Item 6.A.9. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #9802 - Roof Repair (Power Plant) 2. Bid #9804 - Vibratory Roller 3. Bid #9800 - Pavement Markers 4. Bid #9801 - Medical Supplies 5. P.O. #82025 - Motorola Communications 6. P.O. #82024 - Motorola Communications 7. P.O. 80410 - General Electric 8. P.O. #82017 - General Electric 9. P.O. #82026 - S & T Equipment Final Payments 1. Consider a final payment to Construction, Inc. - Evers Sidewalks. Bittercreek Park/Hercules 369 City of Denton City Council Minutes December 1, 1987 Page 9 C. Plats and Replats Consider approval of preliminary and final replats of part of Lot 4, Block A, of the Freeway Park Addition, Section II. e Consider approval of preliminary and final replats of Lots iR and 3, Block 13, of the Owsley Park Addition. D. Tax Refunds Consider approval of a tax refund to West Energy, Inc. - $526.76. 7. 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. 87-214 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, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "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. 87-215 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. 370 City of Denton City Council Minutes December 1, 1987 Page 10 McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "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: NO. 87-216 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, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance approving a change order to the contract between the City of Denton and Tonto Construction, Incorporated; approving payment in the amount of $29,802.14; and providing an effective date. The following ordinance was considered: NO. 87-217 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND TONTO CONSTRUCTION, INC.; AND PROVIDING AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance amending Chapter 17 of the Code of Ordinances of the City of Denton, Texas ("Plumbing Code") to provide for amendments to the Uniform Plumbing Code; to provide for additions thereto; repealing all ordinances in conflict herewith; providing for a penalty in a maximum amount of $2,000.00 for violations thereof; and providing for an effective date. 371 City of Denton City Council Minutes December 1, 1987 Page 11 The following ordinance was considered: NO. 87-218 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ("PLUMBING CODE") TO PROVIDE FOR AMENDMENTS TO THE UNIFORM PLUMBING CODE; TO PROVIDE FOR ADDITIONS THERETO; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF AND PROVIDING FOR AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that the ordinance contained amendments to the PVC pipe regulations. In the past the cleaner was clear which made it difficult for inspectors to determine if the pipe had indeed been cleaned. The amendment would require the cleaner to be colored to help verify the application of the cleaner. Alexander motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance designating and establishing speed zones for east and west bound traffic on Hobson Lane from its intersection with Forestridge to FM1830 (Country Club Road); providing for a penalty of a fine not to exceed two hundred dollars ($200.00); providing a severability clause; and declaring an effective date. The following ordinance was considered: NO. 87-219 AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES FOR EAST AND WEST BOUND TRAFFIC ON HOBSON LANE FROM ITS INTERSECTION WITH FORESTRIDGE TO F.M. 1830 (COUNTRY CLUB ROAD); PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "ayes" Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Stephens "aye." Motion carried with a 6-1 vote. 372 City of Denton City Council Minutes December 1, 1987 Page 12 G. The Council considered adoption of an ordinance prohibiting the parking of vehicles on the west side of a portion of Glenwood Lane; providing a severability clause; providing an penalty not to exceed two thousand dollars; and declaring an effective date. The following ordinance was considered: NO. 87-220 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE WEST SIDE OF A PORTION OF GLENWOOD LANE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Gorton motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance of the City of Denton, Texas, making it unlawful for vehicles travelling northbound on Malone Street to execute right turns when facing a steady red signal at the intersection of Malone Street and University Drive; providing for a penalty in the maximum amount of two hundred dollars for violations thereof; and providing for an effective date. The following ordinance was considered: NO. 87-221 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, MAKING IT UNLAWFUL FOR VEHICLES TRAVELLING NORTHBOUND ON MALONE STREET TO EXECUTE RIGHT TURNS WHEN FACING A STEADY RED SIGNAL AT THE INTERSECTION OF MALONE STREET AND UNIVERSITY DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes December 1, 1987 Page 13 8. Resolutions A. The Council considered approval of a resolution adopting Policy No. 108.10 "Harassment"; and declaring an effective date. The following resolution was considered: RESOLUTION NO. R87-077 A RESOLUTION ADOPTING POLICY NO. 108.10 "HARASSMENT"; AND DECLARING AN EFFECTIVE DATE. Chandra Irving, Analyst Trainer, stated that this was a revision of the sexual harassment policy to include racial, sexual, religious and ethnic harassment. McAdams motion, Hopkins second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 9. The Council considered revisions to the 1987-88 Capital Improvements Plan Water/Wastewater Utility. Bob Nelson, Executive Director of Utilities, stated that this was a request to reduce the level of the CIP in the water and wastewater utility area. Growth levels were not as much as anticipated and revenues were not as much as projected. There was also a larger write-off of bad debts in the water area. All of those factors led the staff and the Public Utilities Board to re-examine the level of CIP scheduled for 1987-88. Several projects were suggested for removal which could be deferred. Nothing would be involved in the street programs and nothing was essential to health and welfare of the community. The projects that were deferred would have the option to be reviewed and included again at a later date. Dave Ham, Director of Water/Wastewater Utilities, presented the items that staff was recommending be deferred. (1) C.A.D. mapping system - original estimate was too high, (2) New water plant - proceed with the new plant but the design cost would not be as high as originally estimated, (3) Water distribution - oversize participation was not as much as predicted, (4) Street program - better estimate on costs of the program, (5) Replace 6" lines with 8" water lines - not necessary due to slower growth, (6) Water line in the Ranch Estates area - anticipation of future development which could be deferred until a later date, (7) Wa~tewater collection - increased line sizes not necessary due to slower growth than predicted, (8) Wastewater treatment plant - continue with the design in-house and defer construction until later. 373 374 City of Denton City Council Minutes December 1, 1987 Page 14 McAdams motion, Alexander second to approve the revisions to the 1987-88 CIP Utility Plan. Motion carried unanimously. 10. The Council considered approval to submit a grant application to the Texas Water Development Board for implementation planning (Phase 2) of the Denton County Regional Water and Wastewater Service Study. Bob Nelson, Executive Director of Utilities, stated that this was the next step in the Denton County Area Water Study. The next stage was to proceed with some in-depth studies of areas proposed by the Study. The Committee recommended to proceed with some additional studies and seek State aid for some of those. There were eight different areas that the Committee was looking at. Some of those areas included a water exchange plan, regulatory powers and feasibility plan for the Committee, water shed pollution concerns, and water conservation. McAdams motion, Alexander second to approve the request to submit a grant application. Motion carried unanimously.' 11. The Council considered approval of a parking request from Denton County. Lloyd Harrell, City Manager, stated that several months ago the Presiding Judge from the County had approached the City in regards to parking needs that the County employees would have as they moved back into the County Courthouse. After several discussions, a proposed joint parking effort was worked out between the County and the City. The County would lease 30 parking spaces in the Williams Square Parking Lot and would encourage employees to use those spaces rather than park around the Square. The Judge requested five parking stickers for the Judge and Commissioners to be able to park on the Square. Staff was recommending the issuance of the five stickers and to formally amend the lease agreement at a later date. McAdams motion, Hopkins second to grant approval of the request for five temporary stickers for the County Commissioners Court members. Motion carried with a 6-1 vote with Gorton casting the "nay" vote. 12. The Council held a discussion regarding Highway 77 improvements. LLoyd Harrell, City Manager, stated that when Mayor Stephens and Deputy City Manager Rick Svehla visited with the District Highway Department, they mentioned the need to expand Locust Street to four lanes where it came into town from I35. This roadway was not on a state improvement plan or in any long-range planning. It was the City's thought to get this City of Denton City Council Minutes December 1, 1987 Page 15 project on the State's 10 year plan. Wednesday, December 2, 1987, Deputy Manager Svehla received a call from the District Highway Engineer indicating that the State had just received additional Federal Aid Urban money and that they had $5 million available to allocate for a project. They were ready to allocate that $5 million to the City of Denton for the Highway 77 project which would begin at I35 and continue to FM2164 with four lanes of traffic. Enough right~of~way would be purchased so that two additional inside lanes could be built in the future making the roadway into a 6 lane facility. From the curve at FM2164 to Sherman Drive, the project would be a one~way couplet using Locust and Elm Streets, three lanes wide. The State needed a commitment from the City as soon as the 2nd of December, 1987. The City was required to meet certain conditions which included (1) the projected construction cost of the project was $6 million, $1 million of which would be the City's responsibility, (2) the City would assume the responsibility for acquiring all of the right~of~way necessary for the construction, (3) the City would be required to relocate all of the utilities in the area, (4) the City would donate Locust Street from FM2164 to the State Highway Department, (5) the City would have to commit to making Locust and Elm a one~way couplet from the curve on FM2164 to Sherman Drive, (6) the City would need to make a commitment to the State no later Friday, December 4, 1987. Staff was proposing the following in order to meet the State's requirements: (1) the $1 million construction donation ~ $500,000 was already earmarked for the repaying of Locust from University to Congress from the $10 million bond issue which the State Highway Department had already done. Texas Instruments was willing to give the City a $500,000 commitment to cover the rest of the construction cost contingent on the project happening and the City willing to install a' temporary signal light and minimal turn lane work so that employees could get in and out of the plant. (2) Right~of~way expense ~ staff would immediately begin to contact major property owners in the area to find donations of right~of~way and possible monetary commitments to help purchase the right~of~way that would not be donated. (3) Locust Street donation to the Highway Department ~ due to the fact that the City had already spent $500,000 on Locust, the State was willing to cut $500,000 from the construction price. (4) One~way couplet of Elm and Locust ~ this would not be a popular decision with the citizens but eventually that would occur anyway. (5) Relocation of utilities ~ this could be done by a Utility CIP project. (6) Giving the State a decision so quickly ~ staff would prefer to have a longer period of time to study the proposal, but that was just not available. 375 376 City of Denton City Council Minutes December 1, 1987 Page 16 Rick Svehla, Deputy City Manager, presented the major steps in the time schedule for construction of the project. After a discussion by the Council, consensus was to instruct staff to convey acceptance to the State Highway Department of the offer and to further work with the Highway Department on an agreement for formal approval. Council Member Gorton stated that he could not support the project at this time due to the fact the public had not been informed ahead of time. Consensus of the Council was to have Deputy City Manager Svehla express their concern with the one-way couplet of Locust and Elm. 13. Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following item: A. A Council meeting might be necessary for either the 22nd or 29th of December due to the length between Council meetings. He asked for a consensus of a possible date. Consensus of the Council was to meet on the 29th of December if necessary. 14. The following official action was taken on the Executive Session item of legal matters: Council Member Gorton left the meeting. Debra Drayovitch, City Attorney, stated that pursuant to the discussion of agenda item concerning the Flow Hospital lawsuit settlement, staff was requesting that official action be taken in that regard. She reported that the attorneys had met two full days and drafted eight of the eleven necessary documents for the settlement. Wednesday afternoon was the latest that any changes could be made and all the parties would execute the documents Thursday and Friday. Friday, December 4, 1987, the documents would be presented to the District Judge for his signature. Thirty days after that would be the closing on the property and the City, County and Trust would transfer their interest in the Hospital to the new Flow Regional Medical Center, Inc., the non-profit 501 (c)(3) corporation. Mayor Pro Tem McAdams left the meeting. Drayovitch requested that the Mayor be authorized on a voice vote to execute certain agreements relative to the compromise-settlement agreement and the finalization of all of 377 City of Denton City Council Minutes December 1, 1987 Page 17 the documents necessary for the transfer. Those documents would be presented to the Council for formal ratification at the next Council meeting. Boyd motion, Alexander second to authorize the Mayor to execute the compromise and settlement agreement in the lawsuit of the County vs. the City and to execute the asset transfer agreement regarding Flow Memorial Hospital and a service agreement with Flow Regional Medical Center, Inc. On a voice vote, motion carried unanimously. Mayor Pro Tem McAdams and Council Member Gorton returned to the meeting. 15. New Business There were no items of new business suggested by the Council Members. 16. The Council did not convene into the Executive Session. With no further business, the Council adjourned at 10:10 p.m. iNNIF~ WA~L T ERS TY S~.CRETARY CITY OF DENTON, TEXAS 2813C