Minutes May 05, 1987CITY COUNCIL MINUTES
MAY 5, 1987
The Council convened into the Work Session at 5:30 p.m. in the
Civil Defense'Room.
PRESENT:
Mayor Stephens; Mayor Pro Tem McAdams; Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins
ABSENT: None
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1. The Council received a report from Teresa Waller of
the Central Business District regarding the "Main Street"
project.
Teresa Waller stated that the Central Business District
consisted of landowners, professionals, business people who
either owned land or had businesses between Eagle, Carroll,
University and Bell. Current membership was 60 members. The
purpose of the "Main Street" project was to encourage economic
development and downtown revitalization within the context of
historic preservation. The program had four main areas of
organization, promotion, design assistance and economic
restructuring of the downtown area. Denton was now too large
to be an official "Main Street" city but could be a
self-initiated city. Ms. Waller asked the Council to consider
earmarking some funds for this project as they prepare for the
1987-88 budget.
Council Member Boyd stated that last time Denton considered
this project, the City was asked to fund approximately half the
cost. Would the request be the same this year.
Waller replied that approximately $6,000 would be needed from
different members.
Council Member Alexander asked if the project manager could
also be a city employee.
Waller replied that that should not be a problem.
Mayor Stephens thanked Ms. Waller for her presentation and that
it would be given every possible consideration.
2. The Council received an overview of the 1-35 north
annexation process.
David Ellison, Assistant to the City Manager, stated that the
original purpose for the annexation was to protect the borders
of the City and to be able to branch off for later annexations.
1000' was the previous proposed annexation width, 500' was the
minimum. A 700' width was compromised but now it was determined
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City of Denton City Council Minutes
May 5, 1987
Page 2
that a 500'width would be better. He stated that the Council
would later in the meeting be considering an ordinance that
would repeal the existing ordinance at 700' and another
ordinance that would start the annexation process at 500'.
3. The Council received a report from the Capital
Recovery Fee Committee - Tom Harpool and Camp, Dresser & McKee.
Tom Harpool, Capital Recovery Fee Committee, stated that the
members of the Committee had worked very hard on this matter.
He introduced Mr. Roger Hartman, Camp, Dresser & McKee.
Hartman stated that the purpose of the study was to evaluate
and make a recommendation regarding the capital recovery fee
for water and wastewater service in the City of Denton.
The findings of the study were (1) the City utilities were
financially sound, (2) participation in the Ray Roberts project
would have an impact on water rates for the next several years,
(3) capital expense relating to growth was expected to rise,
(4) capital recovery fees would shift growth related capital
expenses. Hartman presented the following recommendations: (1)
investigate pro-rata agreements for oversize construction, (2)
investigate pro-rata agreements for area-specific growth
related improvements, (3) capital recovery fees appeared to be
feasible for the City of Denton, (4) postpone Phase II, the
development of details for a capital recovery fee, until
pending legislation was resolved.
Debra Drayovitch, City Attorney, stated that the legislation
was still undergoing changes. Council and staff would be
advised as soon as something definite was decided.
4. The Council convened into Executive Session to discuss
legal matters, real estate, personnel and board appointment.
No official action was taken.
The Council then convened into the regular meeting at 7:00 p.m.
in the Council ChamDers.
PRESENT:
Mayor Stephens; Mayor Pro Tem McAdams; Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins.
ABSENT: None
Mayor Stephens issued a proclamation concerning "Small Business
Week" for the week of May 10-16, 1987.
Mayor Stephens issued a proclamation for "WBAP" which was the
anniversary of the WBAP radio station.
City of Denton City Council Minutes
May 5, 1987
Page 3
1. The Council considered approval of the minutes of the
regular meeting of April 9, 1987 and the regular meeting of
April 21, 1987.
Alexander motion, McAdams second to approve the minutes as
presented. Motion carried unanimously.
o
Public Hearings
A. The Council held a proposed annexation of
approximately 69.1694 acres being part of the S. Venter Survey,
Abstract No. 1315; C. Chacon Survey, Abstract No. 298; J. Baker
Survey, Abstract No. 47; J. Dickson Survey, Abstract No. 342;
and the A. Cannon Survey, Abstract No. 232, and located
adjacent and south of FM 2181 and east of Old Alton Road.
(A-48)
The Mayor opened the public hearing.
Cecile Carson, Urban Planner, stated that the City of Denton
requested the annexation. In October of 1986, a plat for the
Skyfab edition was presented to Council because it was in the
City's ETJ. It was the desire of the Council to annex this
property but it did not want to delay the platting process for
Skyfab. In December, the plat for Skyfab was approved and
since then, the City staff had prepared the legal documents
necessary for annexation. A finger annexation of 500' would be
incluaed as well which would connect the existing city limit
line, just south of Old Alton to the city limit which divided
Corinth and Denton. The next public hearing would be May 12 if
Council decided to continue with annexation.
George Arthur, Skyfab, spoke in opposition. He questioned why
the annexation was only 250' on each side until it reached his
property and then the annexation included his entire property.
He felt that it was unfair to impose limitations on a selected
plot and not on the surrounding property.
M.C. Burch spoke in opposition. He stated that the strip
annexation for this area was not necessary.
Missy Roach Gray spoke in opposition. She stated that not
everyone had gotten their reply forms. She had ties to the
area and did not want to be part of the City of Denton. The
people in the area were concerned about being forced to tie in
with City of Denton utilities, how would they be taxed for this
annexation. There was no need for the City to annex that area.
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City of Denton City Council Minutes
May 5, 1987
Page 4
Virginia Jackson spoke in opposition. She had not received her
notice until late and had several questions regarding the
annexation. ~he asked if the people annexed would be forced to
use City water and sewer, would they have police/fire
protection, and how would they be taxed.
Jimmy Roach spoke in opposition. He stated that he operated a
business out of his home. If annexed, would his business be
affected.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, responded to several questions
raised during the public hearing. She stated that the City of
Denton annexed fingers of land to protect development in an
area and to control land uses. People with existing utilities
would not be forced to use City utilities however, if in the
future, a need arose for them to use the utilities, they could
do so. Taxes would be assessed only on the portion of land
which was actually annexed into the City. The 500' strip was
the minimum allowed by the State. Fire/police protection would
be available only for the property which would be annexed.
Existing businesses within the annexed property would be
"grandfathered" in and would have no change.
Debra Drayovitch, City Attorney, stated that the letters sent
out to property owners were done as a courtesy only and was not
a legal requirement.
Consensus of the Council was to continue the annexation process.
B. The Council considered approval of a petition of
John A. Kimmey requesting historic landmark (H) designation at
928 West Hickory Street. The property is further described as
an 11,880 square foot tract in the E. Puchalski Survey,
Abstract 996. (H-36)
The Mayor opened the public hearing.
Dr. John Kimmey spoke in favor of the petition. He was the
present owner of the property and felt that the historic
designation should be granted for the following reasons: (1) it
would preserve a style of architecture that was disappearing,
(2) the house had been built in 1912 by the Razor family, a
prominent Denton family, (3) it was already located in the
Historic District and (4) it would promote a sense of
stewardship with the community.
Dr. John Miller spoke in favor stating that it was obvious Dr.
Kimmey was requesting the historical designation for the
benefit of all. He was not only renovating the inside of the
house but the outside as well.
City of Denton City Council Minutes
May 5, 1987
Page 5
No one spoke in opposition.
Denise Spivey, Urban Planner, stated that the property met the
necessary requirements for historical designation.
Preservation of the property was important to the City and to
the neighborhood as well.
The following ordinance was considered:
NO. 87-079
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING
THE PROPERTY LOCATED AT 928 WEST HICKORY STREET AS A
HISTORIC LANDMARK UNDER ARTICLE 28A OF THE
COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
McAdams motion, Alexander second to adopt the ordinance. On
roll call 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 petition of
Burke Engineering requesting a change in zoning from the
multi-family (MF-1) district to the planned development (PD)
classification and approval of a detailed plan on an 0.47 acre
tract located at the northwest corner of West Oak Street and
Carroll Boulevard. The property is further described as a
tract in the William Neill Survey, Abstract 971. If approved,
the planned development will permit the construction of two (2)
two-story office buildings containing a total of 9,840 square
feet. (Z-1853)
The Mayor opened the public hearing.
Brian Burke, Burke Engineering, spoke in favor asking for a
change in zoning from MF1 to PD. The present buildings would
be demolished and a new office building would be constructed.
No one spoke in opposition.
The Mayor closed the public hearing.
Denise Spivey, Urban Planner, stated that 17 reply forms had
been mailed with 6 returned in favor and 0 in opposition. The
site was presently zoned MF1 that the owner and contractor
wished to rezone to PD classification for office land use.
Parking and traffic flow would be an improvement. Planning and
Zoning had approved the petition by a 6-1 vote.
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City of Denton City Council Minutes
May 5, 1987
Page 6
Council Member Ayer asked if a new curb cut would be made on
the Carroll eg. ress.
Spivey replied no that the present curb cut would be improved
and would be used only for egress.
Council Member Alexander asked about retail possibilities with
the property.
Spivey replied that no retail had been asked for and none would
be permitted.
The following ordinance was considered:
NO. 87-08O
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS,
BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP
APPLIES TO 0.47 ACRES OF LAND LOCATED AT THE NORTHWEST
CORNER OF WEST OAK STREET AND CARROLL BOULEVARD, AS IS
MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A
CHANGE IN ZONING CLASSIFICATION FROM MULTI-FAMILY
"MF-I" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO
PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND
USE DESIGNATION; PROVIDING FOR APPROVAL OF A DETAILED
PLAN FOR SAID DISTRICT; PROVIDING FOR A PENALTY IN A
MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Hopkins second to adopt the ordinance. On roll
call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
D. The Council considered approval of a petition of
Lynn and Jerome Cott requesting approval of a specific use
permit in an agricultural (A) district at 3505 Teasley Lane.
The property is further described as a 173.3 acre tract in the
J. Fisher Survey, Abstract 421, and is also known as the
Sundown Ranch. If approved, the specific use permit will allow
the development of a training park for horse~ to include the
following facilities:
Training Track
Boarding Stables - 120,000 square feet
Maintenance/Office Space - 14,000
feet. (S-192)
square
City of Denton City Council Minutes
May 5, 1987
Page 7
Consider adoption of ordinance approving a
specific use permit at 3505 Teasley Lane.
The Mayor opened the public hearing.
Jerry Cott spoke in favor of the petition. He stated that in
November there would be a state vote concerning horse racing in
Texas. The park he was proposing would not be a public race
track, it would be a centralized training area for race
horses. The park would employ approximately 40 people. No
betting and the public would not be allowed in the park. A
lake was planned to be built inside the oval to keep the track
watered. The Texas Water Commission had approved the lake.
Cott stated that if horse racing did not come to Texas, he
would not build the park. Even if horse racing did come to
Texas, he may still not build the park.
Council Member Gorton expressed concern regarding the size of
horse trailers using Lillian Miller Parkway.
Cott stated that there would be all shapes and sizes of
trailers using the Parkway but that should not pose a problem.
Brian Burke spoke in favor of the petition stating that it had
excellent potential for Denton and that specific area.
Nancy Paddock spoke in opposition representing a landowner to
the south of the mentioned property. The property owner felt
that the stables would be detrimental to his building homes on
the south side of his property. He was requesting that the
staDles be relocated to a different part of the property where
there would be no opposition.
The Mayor allowed Mr. Cott a 5 minute rebuttal.
Cott stated that the stables would not be a problem as far as
an odor was concerned. The basements of the houses would be
higher than the roof of the stables. It was not physically
possible with the layout of the lakes and the track to move the
stables to a different location.
The Mayor closed the public hearing.
Denise Spivey, ~rban Planner, stated that the agricultural
zoning of the property would be preserved with the approval of
the petition. The Planning and Zoning Commission approved the
petition with a stipulation that the park not be open to the
public without a change of zoning.
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City of Denton City Council Minutes
May 5, 1987
Page 8
The following ordinance was considered:
NO.87-081
AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A
HORSE TRAINING PARK, AS SAID PERMIT APPLIES TO
173.3278 ACRES OF LAND LOCATED AT 3505 TEASLEY LANE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN
EFFECTIVE DATE.
McAdams motion, Alexander second to adopt the ordinance. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "ayev"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
3. Consent Agenda
Mayor Stephens stated that Item 3.A.4. had been removed from
the agenda by staff.
McAdams motion, Hopkins second to approve the Consent Agenda
with the exception of Item 3.A.4. Motion carried unanimously.
Consent Agenda
A. Bids and Purchase Orders:
1. Bid #9734 - Sod for Airport
2. Bid #9737 - Traffic Controller & Heads
3. Bid ~9744 - Slanting Disc Pump Control Valves
REMOVED 4. Bid 99631 - Teasley Road Associates
BY COUNCIL Participants
5. P.O. $78595 - Wesco - $33,000 - insulated
copper wire
B. Final Payments
1. Consider approval of a final payment for
Welch Street Overview in the amount of
$6,964.21.
City of Denton City Council Minutes
May 5, 1987
Page 9
4. Ordinances
A. 'The Council considered adoption of an ordinance
accepting competitive Dids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services.
The following ordinance was considered:
NO. 87-082
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.
Alexander motion, McAdams second to adopt the ordinance. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
B. Item B. was removed from the agenda.
C. The Council considered adoption of an ordinance
providing for the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases from
requirements of competitive bids.
The following ordinance was considered:
NO. 87-083
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS
OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motion, Alexander second to adopt the ordinance. On
roll call 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
providing for the adoption of a concept plan for 43.4 acres of
land located south of 1-35E and southeast of State School Road,
and being a portion of that planned development district
created by Ordinance No. 86-109. (Z-1842)
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City of Denton City Council Minutes
May 5, 1987
Page 10
The following ordinance was considered:
NO. 87-084
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR THE ADOPTION OF A CONCEPT PLAN FOR 43.4 ACRES OF
LAND LOCATED SOUTH OF 1-35E AND SOUTHEAST OF STATE
SCHOOL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN,
AND BEING A PORTION OF THAT PLANNED DEVELOPMENT
DISTRICT CREATED BY ORDINANCE NO. 86-109; AND
PROVIDING FOR AN EFFECTIVE DATE.
Lloyd Harrell, City Manager, stated that this item dealt with
the Oakmont development and the height adjustment requested.
Alexander motion, McAdams second to adopt the ordinance. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gor ton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
E. The Council considered adoption of an ordinance
repealing Ordinance 86-005, effective January 7, 1986, which
provided for the annexation of 296 acres of land being part of
the I. Coy Survey, Abstract NO. 2; W. Burleson Survey, Abstract
No. 93; B. Burleson Survey, Abstract No. 249; and the R.
Johnson Survey, Abstract No. 666.
The following ordinance was considered:
NO. 87-085
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING
ANNEXATION ORDINANCE NO. 86-005; AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motion, Alexander second to adopt the ordinance. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Boyd
"nay." Motion carried on a 6-1 vote.
F. The Council considered adoption of an ordinance
Setting a date, time and place for public hearings concerning
the proposed annexation of 212.12 acres being part of the I.
Coy Survey, Abstract No. 212; J. Ayers Survey, Abstract No. 2;
W. Burleson Survey, Abstract No. 93; B. Burleson Survey,
Abstract No. 249, and the R. Johnson Survey, Abstract No. 666.
(A-49)
City of Denton City Council Minutes
May 5, 1987
Page 11
The following ordinance was considered:
NO. 87-086
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC
HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN
PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND
DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC
HEARINGS.
Alexander motion, McAdams second to adopt the ordinance. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," BoYd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
5. Resolutions
A. The Council considered approval of a resolution
changing the May 19, 1987 Council meeting to May 12, 1987.
The following resolution was considered:
RESOLUTION NO. R87-029
A RESOLUTION CHANGING THE REGULAR COUNCIL MEETING OF
MAY 19, 1987; AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motion, McAdams second to approve the resolution. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "ayev" Ayer "aye," Boyd "ayev" and Mayor Stephens
"aye." Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing Amendment No. 1 to the Airport lease between the
City of Denton and Port-A-Port.
The following resolution was considered:
RESOLUTION NO. R87-030
A RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE
AIRPORT LEASE BETWEEN THE CITY OF DENTON AND
PORT-A-PORT; AND PROVIDING FOR AN EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that this would reduce
the insurance requirements for the leases at the airport.
City of Denton City Council Minutes
May 5, 1987
Page 12
McAdams motion, Alexander second to approve the resolution. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye,'¢ Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
Ce
supporting
Program".
The Council considered approval of a resolution
Lt. Governor Bill Hobby's proposed "Build Texas
The following resolution was considered:
RESOLUTION NO. R87-031
A RESOLUTION EXPRESSING SUPPORT OF LIEUTENANT BILL
HOBBY'S "BUILD TEXAS PROGRAM"; AND DECLARING AN
EFFECTIVE DATE.
Hopkins motion, Alexander second to approve the resolution. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
6. The Council considered approval of an amendment to the
$10 million street bond program by assuming maintenance
responsibility for Teasley Lane from I35E and Dallas Drive and
converting its reconstruction from a state to a city project.
Hopkins motion, McAdams second to approve the amendment.
Motion carried unanimously.
7. The Council considered approval of an amendment to the
$10 million street bond program by changing the construction of
Hickory from Cedar Street to Austin Street from a rebuilding to
a re-paving project and adding the re-paving of all of the
streets on the square and its adjacent streets (Cedar, Walnut,
Austin and Pecan).
McAdams motion, Alexander second to approve the amendment.
Motion carried unanimously.
8. There was no official action taken on Executive
Session items of legal matters, real estate, personnel or board
appointments.
Miscellaneous matters from the City Manager
A. Harrell presented the Council with a preliminary
budget update.
B. Council Member Hopkins nominated Janet Shelton to
the Historic Landmark Commission.
City of Denton City Council Minutes
May 5, 1987
Page 13
Hopkins motion, Gorton second to approve the nomination.
Motion carrie~ unanimously.
10.
New Business:
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Gorton requested that the Legal
Department prepare a resolution in support of the creation of a
Denton County Hospital District for the next Council meeting.
B. Council Member
definite time be decided as
funding for Flow Hospital.
Alexander requested that a
to whether or not to provide
11. The Council reconvened into the Executive Session to
discuss legal matters, real estate, personnel and board
appointment. No official action was taken.
With no further business, the meeting was adjourned at 8:59 p.m.
CITY~ECRSTARY
CITY OF DENTON, TEXAS
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