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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 105 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 106 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. 107 108 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. 109 110 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. 111 112 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) 113 114 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 117 0575e