Minutes January 19, 1988415
CITY OF DENTON CITY COUNCIL MINUTES
January 19, 1988
The Council conw~=ned into the Work Session at 5:30 p.m. in the
Civil Defense Room.
PRE~ENT:
Mayor Stephens; Mayor Pro Tem McAdams; Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins
ABSENT: None
1. The Council held a discussion on a report regarding
the Dallas Drive beautification project.
Bob Tickner, Superintendent of Park Maintenance, presented a
proposed improvement plan for the median island of Dallas Drive
from Interstate 135 to the entrance of Township II at Rio Grande
utilizing a State improvement program which will fund the
projects on State right-of-ways on a 50/50 basis. The proposed
improvements would be to the island using a technique similar
to that used on Lillian Miller. The island would be patterned
concrete around the edge with a plant island in the center.
Tickner reported that this project would be a little more
expensive because of the need for curb and gutters along this
~<%rtion of Dallas Drive, but felt the State may agree to
finding this portion of the project also. Tickner gave a rough
esUimate of ~70,000 to ~80,000. That figure could change
k~cause of variables such as drainage.
Concensus of the Council was to proceed with the application
for the funds for the beautification project and for the
committee to p!~esent Council with a plan for systematic
beautification at a future meeting.
2. The Council received a report outlining the striping
schedule of City streets.
Rick Svehla, Deputy City Manager, reported that the schedule
received by Council outlined the streets to be striped. Svehla
reported to Council that striping was delayed by weather
because of the need for a minimum temperature for the epoxy to
adhere. He also stated that the City no longer owned a large
striping machine because it was too costly to operate. The
~mall machine utilized by the Street Department was a little
lower. Since striping needed to be done more often, Mr.
,ehla reported that eventually the City would like to button
streets and would work towards this end within budget
±~,~_~ations.
Concensus of the Council was to proceed with the striping
schedule of City streets as presented.
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City of Denton City Council Minutes
January 19, 1988
Page 2
3. The Council received a report on the FY 1987 Financial
Audit of the City of Denton and Management Letter.
Mr. ~ayne Stephens, partner in the audit firm of Deloitte,
Haskins ~ Sells, presented the 1987 Fiscal Year audit which
ended September 50, 1987. The auditing firm rendered a clean
opinion on financial statements and presented a Report to
Management with recommendations and suggestions of areas for
improvement. Mr. Stephens reported that overall John McGrane,
Executive Director of Finance, and his department did a good
job and commended everyone for their cooperation.
John McGrane, Executive Director of Finance, reported that he
would be preparing a response to the recommendations outlined
in the Report to Management and would present these to Council
in February.
Concensus of the Council was that the City had received a good
report card and expressed a desire for the auditors to do a mid
year report in April aimed at addressing resolutions of items
outlined in the Report to Management.
4. The Council held a
regarding the variance process.
discussion
on alternatives
Debra Drayovitch, City Attorney, reported to Council Members a
concern over subdivision regulations as they apply to the ETJ.
The City started endorsing these regulations in the ETJ in late
1983. Since that time, there had been 41 requests for
variances in the ETJ. The Council needed to make a decision on
whether subdivision regulations would apply to the ETJ. Ms~
Drayovitch stated that there were several alternatives in
granting variances: grant no variances; use the current
variance process (3 criteria); use different requirements for
different streets; or use a new law which allowed the City to
define "subdivision." In granting a variance, the City could
require a contract with the City Attorney.
Lloyd Harrell, City Manager, requested guidance from the
Council on dealing with variances. The first question
addressed was did the City want to enforce subdivision
regulations in the ETJ.
Concensus of Council was that the City should enforce
subdivision regulations in the ETJ, but perhaps with some
changes.
Lloyd Harrell, City Manager, addressed the question of did the
City want to file suits in lieu of requiring the developer to
make improvements in lieu of unplatted sales.
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City of Denton City Council Minutes
January 19, 1988
Page 3
Concensus of Council was not to file suits.
Lloyd Harrell, City Manager, addressed the question of under
what circumstances was it not appropriate to require some or
all of the public improvements. First, as they applied only to
perimeter streets and sidewalks not drainage or utilities.
Second, perimeter streets and sidewalks not required under
certain circumstances such as single residential lots or site
location more than one mile from water and utilities.
Concensus of Council was that they would like more analytical
information from Staff indicating impact of granting these
variances under different situations and possibility of
recovering costs from developer instead of passing them on to
the taxpayers.
Due to time constraints, Council held over items to be
discussed in Executive Session until after the regular meeting.
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 Alexander, Ayer, Boyd, Gorton and Hopkins.
ABSENT: None
The Council presented a resolution of appreciation to
Cecil White.
The following resolution was considered:
RESOLUTION IN APPRECIATION
OF "CECIL WHITE"
WHEREAS, Cecil White retired on November 30, 1987
after 32 years of dedicated service to the City of Denton since
his employment commenced on July 1, 1955; and
WHEREAS, during his career with the City, Cecil white
has consistently maintained an attitude of cooperation with and
dedication to the stated goals of the Fire Department of the
City of Denton; and
WHEREAS, Cecil White has exhibited outstanding
expertise, dedicating much time and effort in assisting with
the work of the Fire Department and has shown great spirit in
encouraging community involvement in the best interests of the
citizens of Denton; and
City of Denton City Council Minutes
January 19, 1988
Page 4
WHEREAS, Cecil White always served above and beyond
the mere efficient discharge of his duties and responded to his
duties in a loyal, trustworthy and extremely faithful manner,
in a spirit of cooperation with his fellow employees, and in
the best interests of the citizens of the community;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON:
That the sincere and warm appreciation of the City
Council be formally conveyed to Cecil White in a permanent
manner by spreading this Resolution upon the official minutes
of the City Council and forwarding to him a true copy hereof.
PASSED AND APPROVED this 19th day of January, 1988.
ATTEST:
RAY STEPHENS, MAYOR
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
Gorton motion, Ayer second to approve resolution of
appreciation. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
1. The Council considered approval of a request by the
Jane Marshall School to hang a banner at Locust and Sycamore
from January 25, 1988 to March 7, 1988.
Council instructed the City Secretary that for subsequent
requests, the persons are to work with the City Manager who
would then direct the Police Department on regulation of those
signs so that it was always understood in writing.
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City of Denton C:Lty Council Minutes
January 19, 1988
Page 5
Hopkins motion, McAdams second to grant request to hang banner
and instruct City Secretary. Motion carried unanimously.
Public Hearings
A. Co"~ncil was to consider approval of petition of
Joe Jeter reque~ting the following variances of the City of
Denton Subdivision and Land Development Regulations on a 91.1
acre tract located on the east side of FM 2153 and the west
side of Zackery Road, approximately 2,600 feet south of Burger
Road:
Article III, 4.03 (H)(2) - which required
the improvement of a 1099.79 foot section of
Zackery Road
Article III, 4.04 - which required the
installation of a sidewalk along a 1099.79
foot section of Zackery Road. V-42.
Item was pulled at request of the petitioner.
3. Variances
A. Council considered approval of petition of
Trinity Baptist Church requesting the following variances of
the City of Denton Subdivision and Land Development Regulations
for a 12.05 acre tract located at the southeast corner of FM
1173 and Masch Branch Road:
Article III, 4.03 (2)(b) - which required
the improvement of a 1260 foot section of
Masch Branch Road.
Article III, 4.15 (a) - which required
developers to make adequate provision for
storm or floodwater runoff channels or
basins. V-39. (TABLED FROM MEETING OF
JANUARY 5, 1988)
McAdams motion. Alexander second to remove item from table.
On roll vote, ~lcAdams "aye," Alexander "ayev" Hopkins "ayes"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
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City of Denton City Council Minutes
January 19, 1988
Page 6
David Ellison, Acting Executive Director of Planning and
Community Development, explained to Council that there were
four alternatives with respect to the Trinity Baptist Church
request for variance; 1) deny the variance request,
specifically the improvements at issue were 1260 feet of an
estate type road section which was 24 feet of pavement width
and 5 inch depth of asphalt with no curb and gutter, associated
drainage improvements and channel; 2) approve all aspects,
which would mean not requiring any public improvements; 5)
deny variance request and under a provision new variance
procedure attach a provision that would not require any
improvements to the site other than those improvements that
would be along that portion of the property that was currently
owned by the church; 4) deny the variance and attempt to get
the required improvements from the seller of the property as
was suggested by Dick Kelsey at a previous meeting.
Council Member Ayer asked the City Attorney to clarify option
three that why it was that once this had been platted the City
had no way to hold the developer of the remaining seven acres
responsible for that development was that State Law or City
statute, City ordinance or was it a Planning and Zoning
Regulation.
Debra Drayovitch, City Attorney, responded unless the remaining
tract was subdivided again there was no way to hold the
developer responsible unless the City used the new State
statute.
Ellison added that the development process stated that once
there were approved plats and replats on file, other than
submitting building plans for compliance with the fire code,
access, parking, etc., there was no further leverage within the
development process that the City could rely on. Once a plat
was on file, the developer could come in for a building
permit. Building permits were not required in the ETJ.
Drayovitch stated that City building permits were not required
in the ETJ. The County subdivision regulations required a
permit. However, that was on a complaint kind of enforcement
basis. The State legislature would not allow cities to have
building permits in the HTJ.
Ellison reiterated the Planning and Zoning recommendation which
was denial based on criteria. Planning and Zoning did not
object to an earthen line channel and did not object to the
church deferring the improvements either through an escrow or a
bond.
Council Member Boyd asked if the City could assist the
purchaser without denying the City these improvements if the
law seemeds unsuccessful or the seller ended up in judgment.
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City of Denton City Council Minutes
January 19, 1988
Page 7
Ellison stated that there was not any way the City could assist.
Council Member Gorton asked in option two, if the property
proposed for the variance did not abut the portion of Masch
Branch Road that was in our current CIP project. However, was
this property that abuts Masch Branch Road under consideration
in the City's next CIP project?
Ellison stated that the CIP project slated for Masch Branch
Road was for an additional southern link going towards the
Denton Airport and ultimately to connect with I35. That part of
Masch Branch Road north of 380 West had not been brought forth
as a potential Capital Improvement Project.
Council Member Hopkins asked what were the plans for Masch
Branch Road in the future.
Ellison stated that it would be a major arterial
However, in the proposed Capital Improvement for
extension, the initial construction would be
lanes of an ulti~nate four lane divided roadway.
ultimately.
the southern
the first two
Council Member Hopkins asked if the City was reserving
right-of-way at this time from the church.
that
Ellison stated that as far as this piece of property was
concerned, it would be right-of-way dedicated that was
commensurate with the need being generated by the church.
Council Member Alexander asked Mr. Ellison to clarify the exact
arrangements that an escrow would involve. It would involve
the City making an estimate of the actual cost of the
construction of 1200 feet of roadway and the church would then
be required under that arrangement to put that amount of money
in escrow and leave it for that full ten year period. During
that period, would the church draw interest from that money?
Ellison stated there would be interest.
Alexander asked if that money would go to the property owners.
Ellison stated that it would if it were not used.
Alexander asked if the money were eventually used and the
escrow amount plus all of the interest for that ten year period
would then be utilized in the construction of the new roadway.
But the ten year limit was a ten year definite limit and if the
road was not constructed in that ten year period, the escrow
money would go by default back to the property owner plus
interest.
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City of Denton City Council Minutes
January 19, 1988
Page 8
Ellison stated that that was correct.
Council Member Alexander moved to deny the request for variance
and required that the portion of the road affecting the five
acres only be constructed or necessary money placed in escrow
and that an earthen channel be constructed to deal with the
drainage for the entire 12 acre plat.
McAdams seconded. On roll vote, McAdams "aye," Alexander
"aye," Hopkins "nay," Gorton "aye," Ayer "aye," Boyd "nay," and
Mayor Stephens "aye." Motion carried with a 5-2 vote.
4. The Council considered adoption of an ordinance
approving the abandonment and vacation of a portion of Gregg
Avenue in consideration of the dedication and construction of
Grace Avenue, as described herein; and declaring an effective
date. (Q-67)
The following ordinance was considered:
NO. 88-011
AN ORDINANCE APPROVING THE ABANDONMENT AND VACATION OF
A PORTION OF GREGG AVENUE IN CONSIDERATION OF THE
DEDICATION AND CONSTRUC- TION OF GRACE TEMPLE AVENUE,
AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE.
Denise Spivey, Urban Planner, explained that this ordinance
abandoned that portion of Gregg Street which was located
between Ponder and Fulton Street. The ordinance specified that
the abandonment of that street was contingent upon the
construction and acceptance of another street to be constructed
by the church further north on their property. The reason for
this was based on original public hearings before the Planning
and Zoning Commission and staff who felt there was a need for a
street in this particular area for east/west circulation. The
original recommendation from the Planning and Zoning Commission
was to deny the abandonment. This denial was made prior to
negotiations with the church in which they agreed to provide
for that circulation route.
Mayor Stephens indicated that he had been in communication with
the staff at Grace Temple and the request was that Grace Avenue
be corrected to indicate Grace Temple Avenue as the name of the
new street.
Hopkins moved adoption of the ordinance with the correction,
McAdams seconded.
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City of Denton City Council Minutes
January 19, 1988
Page 9
" Alexander "aye," Hopkins "aye,
On roll vote, McAdams "aye, ..
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
5. Consent Agenda
McAdams motion, Boyd second to approve the Consent Agenda with
the exception of Item 5.B.2. Motion carried unanimously.
Consent Agenda
A. Bids and Purchase Orders:
1. Bid #9808 - Police Sedans
2. Bid #9818 - Auger Drill Hole Digger
3. Bid #9812 - Sherman/Windsor Traffic Signal
Conduit
4. P.O. #82547- M.W. Diesel Generator
B. Plats and Replats
1. Consider approval of preliminary and final
replats of Lots 13A, 13B, 14A, 14B, 15A and
15B, Block 1, of the Cooper Landing
Addition, Section II.
Pulled for 2. Consider approval of preliminary and final
Discussion plats of the Grace Temple Baptist Church
Addition, Lot 1, Blocks 1 and 2 (including
the replat of Lots 5 and 6 of the W. H.
Mounts Addition).
The Council considered item 5.B.2. from the Consent Agenda
Gorton motion, Hopkins seconded approval of item 5.B.2 with the
correction of Grace Avenue to Grace Temple Avenue. Motion
carried unanimously.
6. 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.
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City of Denton City Council Minutes
January 19, 1988
Page 10
The following ordinance was considered:
NO. 88-012
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.
Hopkins 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.
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. 88-013
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.
Boyd 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.
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. 88-014
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.
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City of Denton City Council Minutes
January 19, 1988
Page 11
McAdams motion, Boyd 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
abandoning and vacating a 16 foot utility easement located on
the Singing Oaks Church of Christ tract at McKinney and
Cardinal Streets. (E-6)
The following ordinance was considered:
NO. 88-015
AN ORDINANCE ABANDONING AND VACATING A CERTAIN UTILITY
EASEMENT AS DESCRIBED HEREIN; AND DECLARING AN
EFFECTIVE DATE.
Denise Spivey, Urban Planner, explained that this was a request
for an abandonment of a utility easement which was located on
the property owned by the Singing Oaks Church of Christ. The
abandonment had been requested due to the fact that the church
was planning an addition on to their current building which
would extend over or on top of the existing utility easement.
The easement was used to serve the church alone and no one
else. A new service plan had been arranged for the church and
the church would be held responsible for the cost of changing
out that particular service.
McAdams motion, !~opkins 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
and service plan instituting annexation of approximately
51.3085 acres of land being part of the J. Clayton Survey,
Abstract No. 221; J. Lamar Survey, Abstract No. 754; and M.
McBride Survey Abstract No. 804. (A-51)
The following ordinance was considered:
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City of Denton City Council Minutes
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Page 12
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 51.3085 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE J. CLAYTON SURVEY, ABSTRACT NO. 221,
J. LAMAR SURVEY, ABSTRACT NO. 754, AND M. MCBRIDE
SURVEY, ABSTRACT NO. 804, DENTON COUNTY, TEXAS;
CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT
PROPERTY; AND DECLARING AN EFFECTIVE DATE.
Cecile Carson, Urban Planner, reported that this was a
reduction in the annexation to the lake to a 100 foot strip as
was requested by voluntary request of the property owners. It
reduced the annexation to 51.308 acres. The final date for
adoption was set for March 1, 1988, the last final date was
March 5, 1988.
Hopkins 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. Council considered adoption of an ordinance
repealing Section 21-13 of Article I of Chapter 21 (Streets and
Sidewalks) of the Code of Ordinances of the City of Denton;
adding Section 21-15 through 21-19 to Article I of Chapter 21
of the Code of Ordinances of the City of Denton, to provide for
building, house and apartment numbering; providing for a
penalty clause; providing for a severability clause; and
providing for publication and an effective date.
The following ordinance was considered:
NO. 88-016
AN ORDINANCE REPEALING SECTION 21-13 OF ARTICLE I OF
CHAPTER 21 (STREETS AND SIDEWALKS) OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON; ADDING SECTIONS
21-15 THROUGH 21-19 TO ARTICLE I OF CHAPTER 21 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TO PROVIDE
FOR BUILDING, HOUSE AND APARTMENT NUMBERING; PROVIDING
A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE:
Rick Svehla, Deputy City Manager, reported that this ordinance
would require renumbering on apartment buildings with 10 inch
numbers allowing the City to respond to any kind of emergency
problem in a faster manner.
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Page 13
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.
G. The Council considered adoption of an ordinance
approving an interlocal cooperation agreement between the City
of Denton and Denton County for health services, and providing
for an effective date.
The following ordinance was considered:
No. 88-017
AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY
FOR HEALTH SERVICES, AND PROVIDING FOR AN EFFECTIVE
DATE.
Paulette Owens-Holmes, Program Administrator, presented the
County Health Department agreement which was identical to the
previous year with one exception. The cost would be ~79,474.00
which was a 19% increase over the previous year. The County
reported to the City that they were anticipating a 44% to 49%
revenue shortfall so they passed on to participating cities a
19% to 22% increase.
Hopkins motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gor ton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
H. Council considered adoption of an ordinance
approving Amendment No. 1 to an agreement for design
engineering sources between the City of Denton and Black and
Veatch; and prowLding for an effective date.
The following ordinance was considered:
NO. 88-018
AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT
FOR DESIGN ENGINEERING SOURCES BETWEEN THE CITY OF
DENTON AND BLACK & VEATCH; AND PROVIDING FOR AN
EFFECTIVE DATE.
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January 19, 1988
Page 14
Robert E. Nelson, Executive Director of Utilities, reported
that in July of 1984 the City of Denton entered into an
engineering contract with the firm of Black & Veatch to design
the hydroelectric project that was being designed and developed
for Lewisville Lake. Due to conditions beyond control, the
project was delayed for a number of months. At that time,
Black & Veatch agreed to continue with some of the preliminary
designs and additional studies working with the licensing.
They did so with a fee compensation of actual cost only with no
multipliers at all with the contingency that if the project did
move forward the contract would be renewed and their
multipliers would then be paid. Black & Veatch had asked for a
change order amounting to an increase in the design cost from
$241,000 to $279,830 and the construction services from a fee
of $100,000 to $113,220. Total compensation for this
engineering agreement was $393,050.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "ayes" Alexander "aye," Hopkins "nay,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried with a 6-1 vote.
7. Resolutions
A. Council considered approval of a resolution
creating a Main Street Committee to formulate and provide
recommendations to the City Council regarding the City's
participation in the State Main Street Program and to make
recommendations with respect to the promotion of downtown
revitalization; and declaring an effective date.
The following resolution was considered:
RESOLUTION NO. R88-004
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON
CREATING A MAIN STREET COMMITTEE TO FORMULATE AND
PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING
THE CITY'S PARTICIPATION IN THE STATE MAIN STREET
PROGRAM AND TO MAKE RECOMMENDATIONS WITH RESPECT TO
THE PROMOTION OF DOWNTOWN REVITALIZATION; AND
DECLARING AN EFFECTIVE DATE.
Elizabeth Evans, Planning Administrator, explained that this
resolution would allow Council to appoint a Main Street
Committee which was one of the recommendations by the Main
Street Study Task Force. The resolution allowed for only one
citizen at large to be appointed. The Council might desire to
increase that number. Staff was also requesting that Council
authorize the Mayor to write a letter to all of the agencies or
groups that were listed in the resolution directing them to
appoint a member to the Committee.
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City of Denton City Council Minutes
January 19, 1988
Page 15
Gorton motion, McAdams second to approve the resolution.
Council Member Boyd asked on what basis these representative
groups were selected.
Council Member Clorton responded that many of the organizations
listed were on the initial task force that dealt with the
preliminary funding of Main Street. Gorton indicated that the
task force also thought it would be prudent to add a member of
Denton County government because of the Court House sitting
where it did and their insight into the interaction therein
would add to the overall goals of the City. From a political
standpoint if lobbying were going to be done in Austin for
funding, Staff felt that another elected official on a
countywide basis would lend some credence to that committee's
actions.
Council Member Hopkins stated because of the importance to
Denton and in particular to those located downtown, she felt
the Council would want part and parcel from those who would
benefit the most: from the Main Street program. To that end,
she felt that tkey should have more than one representative on
that committee.
Council Member Alexander stated his concern over the phrasing
of this resolution. In particular, designating the exact
structure of that Committee so specifically. He thought it
might be more appropriate to approve the creation of such a
Committee with the general structure being outlined, but with
broader discretion left to the Council. Alexander also
expressed concern about asking each of the groups involved to
identify and in effect select their member of that committee.
Alexander felt Council could ask their advice, but Council
should make the choice in the final analysis for all the
membership.
Mayor Stephens stated that both the Denton Development guide
committees used the approach of asking neighborhood groups or
special groups to appoint their own people for this reason so
that they felt a little more ownership of the project.
Lloyd Harrell, City Manager, stated that the Committee felt it
was important for the groups to be represented for two
reasons. One, t. hat they had sat through the initial meetings
and had gained an understanding of Main Street, but also as
part of the funding recommendation of the City was a specific
recommendation that the various groups that were funded with
hotel/motel tax money look at next year's budget from the
hotel/motel tax money and allocate a portion of those funds
towards the Main Street project. That was why the
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City of Denton City Council Minutes
January 19, 1988
Page 16
Committee felt it was important to keep their participation and
their active involvement because there was an expectation that
at least some funding would be forthcoming from those groups
out of their adoptive budgets for next year.
Council Member Gorton moved, McAdams second to amend section
one of the resolution and the amendment to be added at the very
end of the final sentence "and to add four members selected by
the City Council."
Council Member Alexander asked if the Council would like to
modify the resolution further by making it read two, three, or
four members of the Central Business District.
Council Member McAdams stated that she would like
additional members to be from the Central Business District.
Council Member Alexander stated that it might be better
specify two or three rather than one in that category.
the
to
Council Member McAdams asked if they really wanted to add eight
additional members to the Committee or did they really just
want to make sure that some additional Central Business
District people were included on the Committee.
Council Member Hopkins stated that she did not feel they wanted
the Committee too large.
Council Member Gorton withdrew his amendment. Council Member
McAdams withdrew her second to the amendment.
Council Member Gorton amended his original motion to read under
section one "four members from the Central Business District".
Council Member Boyd second. On roll vote, McAdams "aye,"
Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "nay," Boyd
"aye," and Mayor Stephens "aye." Motion carried by 6-1 vote.
B. Council considered approval of a
adopting the non-utility Capital Improvement
declaring an effective date.
The following resolution was considered:
resolution
Plan; and
RESOLUTION NO. R88-005
A RESOLUTION ADOPTING THE NON-UTILITY CAPITAL
IMPROVEMENT PLAN; AND DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
January 19, 1988
Page 17
431
David Ellison, Acting Executive Director of Planning and
Community Devel.opment, reported that this was the current years
CIP plan. 1991-92 was the new year that was being added. The
previous four years were all being funded by the 1986 $21.7
million Capital Improvement Program. Staff was talking about a
$6,464,506 proposed Capital Improvement Plan for the year
1991-92. The Council did make one amendment in the Planning
and Zoning Commission's recommendation that was to replace a
proposed indoor/outdoor pool with a proposed extension of
Spencer Road as a four lane major arterial.
Council Member Ayer expressed concern over the more than three
quarter of a million dollars dedicated to airport improvements.
Continued concern that justification for an airport was that it
contribute to the economic development of the community. Ayer
stated that he had not been provided with any evidence that
convinced him that the Airport over the past twenty years had
contributed anything to the economic growth.
Alexander 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.
C. The Council considered approval of a
approving an agreement between the City of Denton,
the Mayhill-Cooper Creek Volunteer Fire Department,
providing an effective date.
resolution
Texas and
Inc. and
The following resolution was considered:
RESOLUTION NO. R88-006
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON, TEXAS AND MAYHILL-COOPER CREEK VOLUNTEER
FIRE D]~PARTMENT, INC.; AND PROVIDING AN EFFECTIVE DATE.
John Cook, Fire Chief, reported that this was an automatic aid
agreement whereby Denton Fire Department entered into an
agreement with the Mayhill-Cooper Creek Volunteer Fire
Department which bordered basically on the area of the City
served by Stations #2 and #4. A large portion of the City
limits co-mingled with Mayhill-Copper Creek territory in the
area of Station #2. The Agreement provided that the City would
assist in structure fires in close proximity to the City.
Mayhill-Cooper Creek would in turn also provide the City with
assistance of major fires particularly in areas where the City
did not have enough water for their tanker trucks and also in
areas of large amounts of grassland where Mayhill-Cooper Creek
had specialized equipment the City currently did not have.
432
City of Denton City Council Minutes
January 19, 1988
Page 18
McAdams motion, Alexander 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.
D. Council considered approval of a resolution
reaffirming the designation of ~oodrow Lane, Audra, and
Nottingham Streets as secondary major arterial streets and
declaring an effective date.
The following resolution was considered:
RESOLUTION NO. R88-007
A RESOLUTION REAFFIRMING THE DESIGNATION OF WOODROW
LANE, AUDRA LANE, AND NOTTINGHAM STREET AS SECONDARY
MAJOR ARTERIAL STREETS; AND DECLARING AN EFFECTIVE
DATE.
Rick Svehla, Deputy City Manager, stated that this was part of
the discussion held last November regarding the alignment of
Woodrow Lane. As indicated in both the '81 and '86 revised
Development Guide, Audra/Woodrow/Nottingham had always been
shown as a secondary arterial. Because of concern over access
to existing driveways, consensus was to design a continuous
left hand turn lane rather than a four lane median divided
facility.
Ayer 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.
E. Council considered approval of a resolution
supporting the County of Denton's building and renovation
programs in the City of Denton.
The following resolution was considered:
RESOLUTION NO. R88-008
A RESOLUTION SUPPORTING THE COUNTY OF DENTON'S
BUILDING AND RENOVATION PROGRAMS IN THE CITY OF
DENTON; AND PROVIDING AN EFFECTIVE DATE.
Lloyd Harrell, City Manager, stated that this resolution
congratulated the County on its three building projects. A
Council member had received a suggestion that the City plant a
tree from the City nursery on the grounds at each of these
facilities to symbolize the City's congratulations and spirit
of cooperation.
City of Denton City Council Minutes
January 19, 1988
Page 19
433
McAdams motion, Alexander 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.
Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager presented the following items:
A. The November budget report had been included on
the agenda. These monthly reports would be included in future
agendas to help track them better.
B. The Land Use Planning Committee would be
reporting to the City Council and the Planning and Zoning
Commission at 9 a.m., Saturday, January 23, 1988, at the
Service Center.
C. February 26 at 5 p.m. had been set as the
tentative groundbreaking date for the Martin Luther King
Recreation Center.
9. There was no Executive Session held during the work
session.
10.
New Bus!'.ness
A. Council Member Boyd recommended a discussion be
held to add an additional employee holiday to the schedule to
coincide with the national holiday in recognition of Martin
Luther King's birthday.
11. The Council convened into 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.
C~NTON, TEXAS
BETTY WI~LL'IAM~
DEPUTY CITY SECRETARY
CITY OF DENTON, ?EXAS
2842C