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Minutes April 21, 1992185 CITY OF DENTON CITY COUNCIL MINUTES APRIL 21, 1992 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, and Smith. ABSENT: Council Member Trent 1. The Council convened into the Executive Session to discuss legal matters (considered action in Texas Waste Manaqement v. City of Denton), real estate (considered acquisition of easements for water transmission lines) and personnel board appointments (considered appointments to the Board of Adjustment, Building Code Board, the Electrical Code Board, and the Plumbing and Mechanical Code Board). 2. The Council received a report and held a discussion regarding downtown development and projects. Jane Biles, Main Street Coordinator, presented a slide presentation regarding the Main Street Program. She stated that the presentation showed where the program was going and where it had been. 3. The Council received a report and held a discussion regarding the zoning and platting process and standards and gave staff direction. Lloyd Harrell, City Manager, stated that the Council had asked this item to be placed on a work session. Frank Robbins, Executive Director for Planning, stated that zoning regulated the use of land and buildings on the land. Platting defined property lines and insured that there was adequate infrastructure to support the proposed development, that the infrastructure was consistent with master plans which laid out the provision of infrastructure for the entire community, and that the developer paid his share of the infrastructure costs commensurate with the demandof the proposed development. He reviewed the area standards for iagriculture, single family-16 and PD-45 zoning districts. He stated that review of plats was a ministerial or an administrative 'act. State law required that plats meeting the City's regulations be approved. There had been concern voiced that the Goldfield plat was approved not meeting the requirements of the regulations. Staff and the Planning and Zoning Commission had not found this to be the case. Robbins presented that zoning process, the plat process and the replat process. Council Member Perry felt that it was not wise to take the elected body out of the process, especially with a large development. 186 City of Denton City Council Minutes April 21, 1992 Page 2 Mayor Pro Tem Hopkins asked about the construction of a second house on the remaining five acre parcel at the Goldfield's. Would the process be no public hearing, no Council right to vote and could the second house be built on the five acres. Robbins replied that that would have to be a replat and would require a public hearing. A house could not be built there without rezoning and without replatting. Mayor Pro Tem Hopkins asked if there ever would be a time when the Council would have the right to deny such a case. Robbins replied that it would not be denied as long as it meet the Subdivision Regulations. Mayor Pro Tem H~o~p~k~i~n~s asked if the majority of the Council would be interested in~~ the Planning and Zoning Commission to review the zoning regulations as they related to residential areas in the agricultural zoning district. Mayor Castleberry suggested this item be continued during the Regular Meeting. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. Pledge of Allegiance The Council and m~mbers of the audience recited the Pledge of Allegiance. The Mayor presented the following proclamations: Texas Girls' Choir National DUnce Week National Community Development Week Drinking Water Week Citizen Reports A. The Council received a citizen report from Mark Rader regarding safe pedestrian passage from Westgate Hills to North Lakes Park. 187 City of Denton City Council Minutes April 21, 1992 Page 3 Mr. Rader stated that Westgate Hills area of Denton encompassed approximately 285 homes, 100 apartments and 10 businesses which all used the same unsafe road, Payne Drive, on a daily basis. He presented a petition to the Council with the hope that the City would quickly act on the petition. Children's lives were in danger and that danger would increase in the coming months as school term ended and outdoor activities increased in and around North Lakes Park. The widening of Payne was important but was secondary to providing a safe passage to and from North Lakes Park for the residents of Westgate Hills. The residents had suggested a bicycle lane for the 4/10ths of a mile on Payne Drive. He asked the Council to take the danger seriously and place it high on the list for the most basic of City services. Council Member Trent asked if Rader knew the number of residents in the area and the number of children. Rader replied approximately 3 individuals per household. The School District had added an additional bus to the route this year to accommodate the increase in student population. It was difficult to walk in the area as the edges of the road were deteriorated and cars needed to drive down the center of the road to avoid the edges of the road. Council Member Perry indicated that he had spoken with a resident of Westgate Hills several months ago and one of the options suggested was a bicycle trail which would allow safe transportation to the park. Was that option still acceptable. Rader replied that it would be acceptable as opposed to no action but only as a temporary solution. City Manager Harrell stated that thenormal process which the City used to get major projects on the Capital Improvement Plan was a structured process under the guidance of the Planning and Zoning Commission. The program was currently being formed and he encouraged the residents to contact Frank Robbins, Executive Director for P~anning, to make sure that they attended a public hearing regarding their concerns. Council Member Alexander stated that a situation such as this indicated the need for proper planning for future developments. Mayor Castleberry stated that the staff would be reporting back to Council on the issue. B. The Council received a citizen report from Frank Davila regarding charter revision. 188 City of Denton City Council Minutes April 21, 1992 Page 4 Mr. Davila stated that newspaper reports had indicated that LULAC and he had been involved in activities designed to undo the City Manager's position. He stated that that was not LULAC's nor his position. That was not an issue in their case. In regards to the Police Review Board, LULAC supported the Police Chief very much and had worked with him in the COPS program. There was an open communication with him and they were not in favor of a Police Review Board at this point in time. He did want to address Council on a charter review and apportionment of City voting lines. He felt that the Charter needed to be reviewed when the following conditions were in existence: (1) the population had grown over 25% in the City - from 1980 to 1992 there had been a 39% increase in the City population; (2) a dramatic shift in the populations within the City - in 1985, the Phoenix apartments had 11% Hispanics as head of household and currently had over 60% plus there was growth in the number of families and interest to buy homes in southeast Denton by the Hispanic population; (3) new schools - since 1980 four new schools and an administration building had been built; (4) new malls and industries - urban development had occurred with the building of Golden Triangle Mall and others; (5) the need to emerge and be recognized; (6) major legislative changes - the division of the City into three congressional districts was confusing and should be addressed in a more comprehensive manner; (7) amnesty 1989-90 - many new immigrants received amnesty to live in the States and would be citizens and able to vote in 1994 and 1995; (8) the request by LULAC and the NAACP to review the Charter was a sincere request based on demographic data and on perceptions that these segments of the population were not fully acknowledged or asked to provide on-going input; (9) the perception by UNT and TWU students that they had been left out and were not receiving attention; (10) the recognition that the current number of Council members as it related to the population growth had reduced the contact time with its citizens since the representative ratio had increased dramatically; and (11) the recognition that many municipalities found it more suitable and manageable to go to a single member district. The Mayor and members of the Council thanked Mr. Davila for his report. The Mayor received a presentation from "Miss Wheelchair - Texas" honoring Denton as a city which was very accessible for the handicapped. A plaque was presented to the City for the work on the Square. 3. Public Hearin~ A. The Council held ~ public hearing and considered adoption City of Denton City Council Minutes April 21, 1992 Page 5 189 of an ordinance approving the annexation and zoning of 23.059 acres located on Forrestridge Drive, north of Ryan Road. (The Planning and Zoning Commission recommended approval 5-0 at its February 26 1992 meeting.) ' Frank Robbins, Executive Director for Planning, stated that this issue had been before Council three times with two public hearings. The ordinance was for annexation and zoning to SF-16 with an attached service plan for the delivery of municipal services and facilities which was part of the annexation. This was part of a larger development which the Council had approved a preliminary plat. The final plat was under review of the Planning and Zoning Commission. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 92-060 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 23.059 ACRES OF LAND LOCATED ALONG FORRESTRIDGE DRIVE, NORTH OF RYAN ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; APPROVING ONE-FAMILY DWELLING (SF-16) DISTRICT ZONING CLASSIFICATION AND USE DESIGNATION FOR THE PROPERTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Trent seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The COuncil held a public hearing and considered adoption of an ordinance approving the rezoning of a 15,000 square foot tract of land located at the southeast corner of Smith and Johnson Streets from the Commercial District to the Two-Family District. (The Planning and Zoning Commission recommended approval 6-0 at its March 11, 1992 meeting.) Karen Feshari, Urban Planner, stated that thirteen property owners were notified within a 200' radius of the request. No letters were 190 City of Denton City Council Minutes April 21, 1992 Page 6 returned in favor and four were returned in opposition. Although the Planning and Zoning Commission had recommended approval of the request, the request would require six of the seven votes in order to pass because of the amount of land in opposition. This was a request to rezone the property from the commercial district to the two-family district. All surrounding zoning was commercial and the surrounding uses were single family homes, mini warehouses and a business. Perimeter street paving and sidewalks would be required on Smith and Johnson Streets. Utilities were adequate for the site and for this type of use. A neighborhood meeting was held on February 27, 1992 in which much concern was expressed regarding apartments locating in the area with increased traffic, noise and density of apartments. The application had been amended from apartments to a duplex. The Mayor opened the public hearing. John Johnson, the petitioner, stated that there was a need for moderate housing in Denton. The home on the site had an oversized garage which he intended to connect with the home for a duplex. He wanted to encourage new building in the area. There would be a small amount of building required to connect the garage and house. Council Member Trent asked why sidewalks were being required in the area and if there were other sidewalks in the area. Johnson replied that there were no other sidewalks in the area. Council Member Perry stated that some of the areas were not zoned residential and asked why the zoning was not consistent. Feshari replied that in 1969 the entire area had been zoned commercial. The zoning ordinance then was cumulative zoning and houses were allowed in commercial zoning. No one spoke in opposition. The Mayor closed the public hearing. council Member Trent asked why sidewalks were required in this situation. Feshari replied that sidewalks would be required only if the property were replatted. If the requirements for parking, landscaping setbacks, etc. could be met, the property could Be divided into two duplexes on the site. The following ordinance was considered: City of Denton City Council Minutes April 21, 1992 Page 7 19t No. 92-061 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) TO TWO FAMILY (2F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 15,000 SQUARE FEET OF LAND LOCATED ON THE SOUTHEAST CORNER OF SMITH STREET AND JOHNSON STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 4. Consent Agenda Hopkins motioned, Alexander seconded to approve the Consent Agenda as presented. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ao Bids and Purchase Orders: Bid #1344 - Cold Drinks P.O. #23610 - ESRI B. Tax Refunds Considered approval of an automatic tax refund to First State Bank of Denton in the amount of $1,178.33. Considered approval of a tax refund to Sunbelt National Mortgage/Ajit Dave in the amount of $671.76. 5. Ordinances' A. The CoUncil considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid #1344) The following ordinance was considered: City of Denton City Council Minutes April 21, 1992 Page $ No. 92-062 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.2. - P.O. #23610) The following ordinance was considered: No. 92-063 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATELAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. Council Member Trent stated that the cost of the maintenance contract was $23,800 and asked what the City received for that amount of money. Gary Collins, Director of Information Services, stated that the contract included all new releases of GIS, technical support and hotline support from ESRI. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance designating and establishing speed zones on Interstate Highway 35 and Interstate Highway 35 East frontage roads from the southern city limits to the no~thern city limits for a distance of approximately 14.716 miles; providing for a penalty of a fine not exceeding two hundred dollars ($200.00); and providing a City of Denton City Council Minutes April 21, 1992 Page 9 193 severability clause. (The Citizens Traffic Safety Support Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that the Texas Department of Transportation had proposed four speed zones on IH35 and IH35E frontage roads within Denton City limits. Many sections of these frontage roads had no speed limit signs and the ones that were posted were inconsistent and not backed by any ordinance, making enforcement by the City's police officers difficult if not impossible. This ordinance would enable the police to successfully prosecute speed limit violators. Council Member Alexander was concerned that the speed limits might be too high. Svehla stated that a traffic study had been done and that the State had suggested the speed limits. City Manager Harrell stated that the speed limits suggested by the State would keep the speeds within certain perimeters. The City and the State Highway Department set the speed limits by doing a radar study on the cars passing in the area. The limits were set at the $0th percentile at what the public had been travelling. If the limits were set artificially low, the only way to enforce the low limit would be through constant police enforcement. The following ordinance was considered: No. 92-06~ AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES ON INTERSTATE HIGHWAY 35 AND INTERSTATE HIGHWAY 35 EAST FRONTAGE ROADS FROM THE SOUTHERN CITY LIMITS TO THE NORTHERN CITY LIMITS FOR A DISTANCE OF APPROXIMATELY 14.716 MILES; PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye" Alexander "aye" Hopkins "aye", Smith "aye" Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas ~tate Department of Highways and Public Transportation for installation of traffic signal controllers on FM 2181 at its intersection with Interstate Highway 35E, Oak Meadow Drive, and 194 City of Denton City Council Minutes April 21, 1992 Page 10 Londonderry Lane in Denton; and authorizing the expenditure of funds therefore. Rick Svehla, Deputy City Manager, stated that two temporary traffic signal controllers would be used to control traffic at the intersection of FM 2181 with the IH35E frontage roads during construction of Teasley. One controller would replace these two after construction and two additional controllers would be installed at the Oak Meadow Drive and Londonderry Lane intersections. The City would purchase and install these five controllers with the State reimbursing the City. The following ordinance was considered: No. 92-065 AN. ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR INSTALLATION OF TRAFFIC SIGNAL CONTROLLERS ON FM 2181 AT ITS INTERSECTION WITH INTERSTATE HIGHWAY 35E, OAK MEADOW DRIVE AND LONDONDERRY LANE IN DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Trent motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving the purchase of a utility easement from Larry D. Hemphill and wife Elizabeth A. Hemphill. (Ray Roberts Transmission Water Line Project.) Dave Ham, Manager of Construction Projects, stated that in February of 1991 the Council directed the staff to proceed to obtain easements for a 36" water line for the seven miles from Lake Ray Roberts to the iCity. The next three ordinances were for some of those easements. The Hemphill easement was 1.7173 acres of 50' wide permanent easement and .6869 acres of temporary easement which would discontinue once construction was finished. The following ordinance was considered: City of Denton City Council Minutes April 21, 1992 Page 11 195 No. 92-066 AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM LARRY D. HEMPHILLAND WIFE ELIZABETH Ao HEMPHILL; AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance approving the purchase of a utility easement from Winnie Fern Sauls. (Ray Roberts Transmission Water Line Project.) Mayor Pro Tem Hopkins left the meeting with a potential conflict of interest. Dave Ham, Manager of Construction Projects, stated that there was 5.16 acres of permanent easement and 2.06 acres of temporary easement associated with this request. There were 15 mature trees which needed to be removed and the easement was very close to the house thus the price was a little more than usual. The following ordinance was considered: No. 92-067 AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM WINNIE FERN SAULS; AUTHORIZING EXPENDITURE OF FUNDS AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Pro Tem H~pkins returned to the meeting. G. The Council considered adoption of an ordinance approving the purchase of a utility easement from Mary Diane Carver Denny James, Trustee and First City Texas- Houston, N. A. Successor Trustee. (Ray Roberts Transmission Water Line Project.) Dave Ham, Manager of Construction Projects, stated that this easement had a total of 10.95 acres in three tracts along F.M. 2153 and Bu~ger Road. The following ordinance was considered: 196 City of Denton City Council Minutes April 21, 1992 Page 12 No. 92-068 AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM MARY DIANE CRAVER DENNY JAMES, TRUSTEE AND FIRST CITY TEXAS- HOUSTON, N.A. SUCCESSOR TRUSTEE; AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance amending the schedule of electric rates by adopting an amended Schedule TGS (General Service Time of Use Rate). (The Public Utilities Board recommends approval.) Jim Harder, Director of Electric Utilities, stated that the present General Service Time-of-Use Rate as passed in 1990 was intended to give General Service customer rate incentives to shift their load demand peaks away from coincidental peak with overall City load, thus lowering the City peak demand with its corresponding demand charge from TMPA. Since the City of Denton paid a monthly demand charge to TMPA, it was the intent of the rate schedule, as written, to pass on to customers qualifying for the TGS rate, the TMPA demand charge that Denton paid, while passing on to their customers lower system energy charges over the General Service Rate class. Interpretation of the present rate schedule could lead to application of the demand charges only to the period June through September, rather than year round, as intended. Council Member Trent what incentives were being done to get customers off the p~ak usage rather than a rate increase. Harder replied that this was not a rate increase. It was an interpretation of the existing rate structure. Debra Drayovitch, City Attorney, stated that the ordinance was drafted after a user of this rate owed the City a considerable amount of money'and was trying to qualify with this rate. This was a clarification of the language in the ordinance. The following ordinance was considered: City of Denton City Council Minutes April 21, 1992 Page 13 197 No. 92-069 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF ELECTRIC RATES BY ADOPTING AN AMENDED SCHEDULE TGS (GENERAL SERVICE TIME OF USE RATE); AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I. The Council considered adoption of an ordinance authorizing the City to retain James Zinser, PH.D. to provide consulting services in certain pending litigation; and authorizing the expenditure of funds. This item was pulled from consideration. J. The Council considered adoption of an ordinance vacating an electric utility easement recorded in Volume 697, Page 581 of the Real Property Records of Denton County, Texas. Rick Svehla, Deputy City Manager, stated that this ordinance was passed at the last Council meeting but had an incorrect page and volume number of the property deed. This ordinance was a correction with the right .reference numbers. The following ordinance was considered: No. 92-070 AN ORDINANCE VACATINGANELECTRIC UTILITY EASEMENT RECORDED IN VOLUME 697, PAGE 581 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Treht "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried Unanimously. K. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the'City of Denton and Lodge Construction Company, Inc. to provide for the construction of an oversized watermain; authorizing the expenditure of funds therefore. (The Public Utilities Board recommended approval.) 198 City of Denton City Council Minutes April 21, 1992 Page 14 Bob Nelson, Executive Director of Utilities, stated that this was a standard oversize agreement for the Forrestridge development which the Council considered earlier for annexation. The following ordinance was considered: No. 92-071 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND LODGE CONSTRUCTION COMPANY, INC. TO PROVIDE FOR THE CONSTRUCTION OF AN OVERSIZED WATER MAIN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution consenting to the inclusion of territory in the City's extraterritorial jurisdiction within Denton County Emergency Service District No. 1; and revoking the consent given in Resolution No. R90-068. John Cook, Fire Chief, stated that in 1990 the Argyle Volunteer Fire Department proposed boundaries to form an emergency services district. Those boundaries had been redrawn to downsize the district. The following resolution was considered: No. R92-021 A RESOLUTION OF THE CITY OF DENTON, TEXAS, CONSENTING TO THE INCLUSION i OF TERRITORY IN THE CITY'S EXTRATERRITORIAL JURISDICTION WITHIN DENTON COUNTY EMERGENCY SERVICE DISTRICT NO. 1; REVOKING THE CONSENT GIVEN IN RESOLUTION NO. R90-068; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Smith seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. City of Denton City Council Minutes April 21, 1992 Page 15 199 7. The Council considered a request from the Denton Festival Foundation to allow the use of amplifiers and musical instruments on Sunday, April 26, 1992 from noon to 10:00 p.m. at the Civic Center Park for the Denton Arts Festival. Catherine Tuck, Administrative Assistant, stated that this was another request to allow the use of amplifiers and musical instruments on a Sunday. This would be for the Denton Arts Festival. Alexander motioned, Smith seconded to approve the request. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following item: A. There was the Work Session item which was to be continued but if the Council wished, it could be added to the Work Session for the next meeting. Consensus of Council was to add the item to the next Work Session. 9. There was no official action taken on Executive Session items discussed during the Work Session. 10. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Trent stated that following the public hearing by the State Highway Department on the widening of Fort Worth Drive, there was much resistance by the businessmen in the area. He asked how information could be gotten from the businessmen inlthe area to the Council regarding the proposed widening. Could it be a future work session item with input from the businessmen~. City Manger Harrell replied that normally after the State's public hearing, the normal procedure would have been to forward the plans to the City Council for review. However, in this case, the Highway Department felt that there were legitimate concerns raised by the abutting proDerty owners, and they were taking the project back to be reviewed and reanalyzed prior to the time of coming to the City Council. The Highway Department was analyzing the public comments 2O0 City of Denton City Council Minutes April 21, 1992 Page 16 which were made and would present them in a plan to the Council. At that point, the Council as well as citizens, would have a chance to provide input before the State finalized the design of the road. 11. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 8:58 p.m. CITY~ DENTON, TEXAS ACC00082 B~B CASTLEBERRY,TMAYOR/ CITY OF DENTON,EXA~ ~