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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. 416 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. 417 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. 419 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. 420 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. 421 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. 422 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. 423 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. 424 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. 425 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: 426 City of Denton City Council Minutes January 19, 1988 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. 427 City of Denton C!~ty Council Minutes January 19, 1988 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. 428 City of Denton City Council Minutes 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. 429 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 430 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