Minutes September 06, 1988216
CITY OF DENTON CITY COUNCIL MINUTES
SEPTEMBER 6, 1988
The Council convened:into the Work Session at 5:30 p.m. in the
Civil Defense Room.
PRESENT:
Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Ayer, Gorton and McAdams.
ABSENT:
Council Member Boyd
1. The Council received an update from the Main Street
Committee.
Alan Cole, Chairman-Main Street Committee, stated that this
would be the Committee's final report before the budget
process. He presented a survey on how other cities received
funding for the Main Street program and petitions from downtown
businesses in support of the Main Street program and the hiring
of a Main Street Coordinator. Included in his packet was a
letter from First State Bank indicating terms for a Main Street
Project Loan Program.
Mayor Stephens asked about a possible time line when the work
would begin and when it would end.
Cole replied the program could take between 3-5 years depending
on how the work was done and in what kind of time blocks.
Mayor Stephens thanked Mr. Cole and members of the Committee
for sharing their information with the Council.
2. The Council considered paving alternatives for Oak and
Hickory Streets.
Lloyd Harrell, City Manager, stated that this was the first
major project since the landscape/tree preservation ordinance
was incorporated. Staff would present alternatives for paving
Oak and Hickory in order to save as many trees as possible.
Rick Svehla, Deputy City Manager, stated that there would be a
significant number of trees affected on Oak Street. The 45'
street would be the ultimate section of street. It would
provide the most parking but would take the most trees. It
would also be the most expensive and in all likelihood, not all
of the width would be necessary. The 41' street would allow
for two lanes of parking and two lanes of traffic. It would be
less expensive than the 45' street but still would take many
trees. The 37' street would have parking on one side only and
would be the cheapest to build. It would take the least number
of trees and would meet existing needs and most likely the
needs for the future. Staff was recommending to Council the
37' street in relation to disturbing the least number of trees.
City of Denton City Council Minutes
September 6, 1988
Page 2
Council Member Alexander asked what would be the procedure when
an existing wider section of street were made smaller.
Svehla replied that a wider sidewalk would be built or a larger
tree lawn would exist.
Mayor Stephens asked if there would be a possibility of
building bicycle paths in those areas and perhaps asking the
University to provide the material for the paths.
Mayor Pro Tem Hopkins questioned the amount of traffic going
through the area.
Svehla replied that the two lanes of traffic would be adequate
for the present traffic and that the parking could be removed
in the future to make more lanes available if needed.
Council Member McAdams stated that Council Member Boyd had
asked her to state his concerns regarding following the same
guidelines the City was asking developers to follow and a
concern for the preservation of trees in the area. McAdams
voiced the same concerns and stated that this area could not
really be thought of as a traffic artery. An alternative for
east/west traffic was needed with at least two lanes of traffic
and one lane of parking.
Council Member Ayer felt that the 37' width would be adequate
as he used the street many times a day and traffic was
generally not that congested.
Consensus of the Council was to proceed with the 37' wide
street.
3. The Council received an update of Appendix A of the
Denton Development Guide.
Harry Persaud, Urban Planner, reviewed the history of the Task
Force. He stated that they had developed a working intensity
map which could be adjusted as cases were considered. He
stated that it would take approximately 8-9 weeks to process
zoning cases after the map was approved. The map would be
presented to the Planning and Zoning Commission on September 14
for approval and to the City Council on September 20 for
approval. He stated that a public hearing, approval of the map
and approval of the Denton Development Plan would be presented
to Council at the September 20th meeting.
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4. The Council then convened into the Executive Session
~ to discuss the following items:
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City of Denton City Council Minutes
September 6, 1988
Page 3
A. Legal Matters -- Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Discussed County vs. City.
B. Real Estate -- Under Sec. 2(f), Art. 6252-17
V.A.T.S.
Ce
Personnel/Board Appointments -- Under Sec. 2(g),
Art 6252-17 V.A.T.S.
Considered appointment of National League of
Cities voting delegates.
2. Considered appointment of members to the
North Texas Higher Education Authority.
The Council then convened into the Regular Meeting at 7:00 p.m.
in the Council Chambers.
PRESENT:
ABSENT:
1.
Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Ayer, Gorton and McAdams.
Council Member Boyd
The Mayor presented the following proclamations:
A. Constitution Week
B. National Voter Week
C. Public Power Week
Public Hearings
A. The Council considered a petition of City of
Denton to establish Agricultural (A) zoning on approximately
115 acres of land. The property was 500 feet wide and began
approximately 10,910 feet north of U.S. Highway 380 near the
Elm Fork of the Trinity River. The property was situated in
the J. West Survey, Abstract 1331. Z-88-011. (The Planning
and Zoning Commission recommended approval.)
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
City of Denton City Council Minutes
September 6, 1988
Page 4
Cecile Carson, Urban Planner, stated that this was a petition
of the City of Dent6n to establish zoning on a tract of land
annexed in the area of Lake Ray Roberts. The Agricultural (A)
zoning, which was the most restrictive, was most appropriate
for this piece of property and would allow only agricultural or
residential uses.
The following ordinance was considered:
NO. 88-138
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 115 ACRES OF LAND LOCATED APPROXIMATELY
10t910 FEET NORTH OF U.S. HIGHWAY 380 NEAR THE ELM
FORK OF THE TRINITY RIVER, AS IS MORE PARTICULARLY
DESCRIBED HEREIN; TO PROVIDE FOR AN AGRICULTURAL "A"
DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING
FOR A PENALTY IN A MAXIMUM AMOUNT OF 92,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
McAdams motion, Hopkins second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," and Mayor Stephens "aye." Motion carried
unanimously.
B. The Council considered a petition of City of
Denton to establish Agricultural (A) zoning on approximately
174 acres of land. The property was 500 feet wide and 10,560
feet long located 350 feet north of U.S. Highway 380 near the
Elm Fork of the Trinity River. The property was situated in
the W. Dobbs Survey, Abstract 328, and the J. West Survey,
Abstract 1331. Z-88-012 (The Planning and Zoning Commission
recommended approval.)
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, stated that this was a petition
of the City of Denton to establish zoning on a tract of land
annexed in the area of Lake Ray Roberts. The Agricultural (A)
zoning, which was the most restrictive, was most appropriate
for this piece of property and would allow only agricultural or
residential uses.
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City of Denton City Council Minutes
September 6, 1988
Page 5
The following ordinaHce was considered:
NO. 88-139
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 174 ACRES OF LAND LOCATED APPROXIMATELY 350
FEET NORTH OF U.S. HIGHWAY 380 NEAR THE ELM FORK OF
THE TRINITY RIVER, AS IS MORE PARTICULARLY DESCRIBED
HEREIN; TO PROVIDE FOR AN AGRICULTURAL "A" DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A
PENALTY IN A MAXIMUM AMOUNT OF $2~000.00 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," and Mayor Stephens "aye." Motion
carried unanimously.
C. The Council considered a petition of Metroplex
Engineering Corporation requesting a change in zoning from the
agricultural (A) to the single family-7,000 square foot (SF-7)
classification. The property was 2.074 acres located
approximately 525 feet west of the intersection of McKinney
Street and Bellaire Drive. The property was more fully
described in the M. Yoachum Survey, Abstract 1442. If
approved, the property may be utilized for any purpose in the
SF-7 category. Z-88-014 (The Planning and Zoning Commission
recommended approval.)
The Mayor opened the public hearing.
Bud Hauptman, Metroplex Engineering, spoke in favor. He was
representing the owners of the property. They wanted to
develop the property as SF-7 which would be compatible with the
surrounding zoning. He requested approval of the request.
No one spoke in opposition.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, stated that this property was
located in a low intensity area with the predominate land use
being single family dwellings. The proposed development would
be compatible with surrounding land uses. There was a
substantial drainage problem in the area which would have to be
addressed by the developer.
City of Denton City Council Minutes
September 6, 1988
Page 6
The following ordinance was considered:
NO. 88-140
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 2.074 ACRES OF LAND LOCATED APPROXIMATELY
525 FEET 'NORTH OF THE INTERSECTION OF MCKINNEY STREET
AND BELLAIRE DRIVE, AS IS MORE PARTICULARLY DESCRIBED
HEREIN; TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT
CLASSIFICATION AND USE DESIGNATION TO SINGLE-FAMILY
"SF-7" DISTRICT CLASSIFICATION AND USE DESIGNATION;
PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF
$2,000.00 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," and Mayor Stephens "aye." Motion
carried unanimously.
D. The Council considered a proposed annexation of
135 acres located south of Mills Road, east of Mayhill Road,
and north of McKinney Street adjacent to existing city limits.
(A-55)
The Mayor opened the public hearing.
No one spoke in favor.
Kenneth Stout, Rt. 7, Box 432, Denton, spoke in opposition. He
stated that he was a property owner in the area and was opposed
to the City annexing his property. He had called several
people in the area and many of them were in opposition. He
knew of no CIP projects for the area and felt that the reason
for the annexation was to accommodate the School District. He
had his own water and septic system and used Texas Power and
Light for utilities. He did not want to be annexed into the
City of Denton.
Jim Chisem, Route 11, Box 656, spoke in opposition. He was a
property owner in the proposed annexation and was opposed to
the annexation primarily because of the taxing situation. He
objected to imposition of additional taxes on his property and
the receipt of nothing in return for those taxes.
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City of Denton City Council Minutes
September 6, 1988
Page 7
Herbert McCurley stated that he felt the City was not offering
anything to the residents of the proposed annexation except for
additional taxes. The School District wanted the annexation,
he did not. He requested the City delete three pieces of
property from the annexation because he felt the School
District would eventually take over his property and if so, the
School District should pay the price for the annexation. He
asked, "What could the City offer them?"
Troy Glenn, Route 11, Box 664F, spoke in opposition.
that he would receive no benefits from the City
annexed.
He stated
if he were
Jimmy Wagner, Route 11, Box 658, spoke in opposition. He
stated that the area residents should not have to pay the price
for the School District to build in the area.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, presented the background
information on the proposed annexation. A request had been
received from the Denton Independent School District for
annexation of the proposed new high school site. The City
looked at a larger area for annexation around the proposed
school in order to round off the area for the City limits. The
area had a range of land uses from residential to commercial.
Carson reviewed the City services that would be available to
the annexed area which included fire protection, police
protection, maintenance of public water systems, solid waste
services. Texas Power and Light presently serviced the area
and there were no plans to purchase the electrical power in the
area. An individual would not be required to tie into City
water and sewer as long as his current system was in working
order.
Mayor Stephens stated that this was the first public hearing on
the proposed annexation and required no action. The second
public hearing would be September 20, 1988.
Consent Agenda
McAdams motion, Gorton second to approve the Consent Agenda as
presented. Motion carried unanimously.
A. Bids and Purchase Orders:
Bid ~9886 Bolivar 8" Sanitary Sewer Paving
and Drainage
City of Denton City Council Minutes
September 6, 1988
Page 8
4. Ordinances
A. The Council considered adoption of
accepting competitive bids and providing for
contracts for public works or improvements.
The following ordinance was considered:
NO. 88-141
an ordinance
the award of
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.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," and Mayor Stephens "aye." Motion carried
unanimously.
B. The Council considered adoption of an ordinance
granting a franchise to Acme Brick Company for the purpose of
maintaining and operating a natural gas pipeline within the
public right-of-way of the City of Denton, Texas; providing for
a franchise fee; and providing for the regulation of the
construction, reconstruction, maintenance, and use thereof.
(Second Reading)
The following ordinance was considered:
NO. 88-142
AN ORDINANCE GRANTING A FRANCHISE TO ACME BRICK
COMPANY FOR THE PURPOSE OF MAINTAINING AND OPERATING A
NATURAL GAS PIPELINE WITHIN THE PUBLIC RIGHT-OF-WAY OF
THE CITY OF DENTON, TEXAS; PROVIDING FOR A FRANCHISE
FEE; PROVIDING FOR THE REGULATION OF THE CONSTRUCTION,
RECONSTRUCTION, MAINTENANCE, AND USE THEREOF;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
McAdams motion, Hopkins second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," and Mayor Stephens "aye." Motion carried
unanimously.
C. The Council considered adoption of an ordinance
amending Section 1-5 of Chapter 1 of the Code of Ordinances of
the City of Denton, Texas establishing the maximum fines for
certain violation of the Code of Ordinances.
22g-
City of Denton City Council Minutes
SeptemDer 6, 1988
Page 9
Mark McDaniel, Court Administrator, stated that this ordinance
would lower the fine ceiling for certain traffic and animal
control violations from ~500 to $200. The lower fines would be
more in line with State statutes.
The following ordinance was considered:
NO. 88-143
AN ORDINANCE AMENDING SECTION 1-5 OF CHAPTER 1 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS
ESTABLISHING THE MAXIMUM FINES FOR CERTAIN VIOLATION
OF THE CODE OF ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE, AND DECLARING AN EFFECTIVE DATE.
D. The Council considered adoption of an ordinance
instituting annexation of 20.8309 acres being part of the J.
Dickson Survey, Abstract No. 342, and the A. Cannon Survey,
Abstract No. 232, and located at FM 2181 and Old Alton Road.
(A-56)
The following ordinance was considered:
NO. 88- --
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 20.8309 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE J. DICKSON SURVEY, ABSTRACT NO. 342,
AND A. CANNON SURVEY, ABSTRACT NO. 232, DENTON COUNTY,
TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL
DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," and Mayor Stephens "aye." Motion carried
unanimously.
E. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and Dave
Krause providing for communication line services; and providing
for an effective date. (Public Utility Board recommended
approval.)
Bob Nelson, Executive Director for Utilities, stated that since
the deregulation of the telephone industry, he had received
inquires from businesses about the possibility of installing
their own cables between business facilities for savings with
their own switchboards. The City had a contract with the
University of North Texas to lease space on the City's
City of Denton City Council Minutes
SeptemDer 6, 1988
Page t0
power poles. The request from Dave Krause would provide
communication lines ~etween two dealerships he owned. The City
would provide the cable and the service to install the cable.
Council Member Gorton expressed a concern if the dealership
were sold and the new owner was not interested in the system,
what would happen to the agreement and the charge-out payments.
Nelson stated that that was a possibility but not likely.
Hopkins motion, McAdams second to adopt the ordinance.
Gorton stated that he had concerns about entering into
agreements with no guarantee that the City would receive
payments for the services.
Council held a discussion regarding suggestions for requiring
an escrow account or a deposit to be made with the contract and
how much precedent was being set with this type of contract.
Ayer motion, Gorton second to postpone consideration on the
ordinance until September 20, 1988 to allow the legal staff
time to investigate some of the alternatives suggested. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion
carried unanimously.
5. Resolutions
A. The Council considered approval of a resolution
of the City Council of the City of Denton designating certain
city officials as being responsible for, acting for, and on
behalf of the City of Denton in dealing with the Texas Parks
and Wildlife Department for the purpose of participating in the
Land and Water Conservation Fund Act of 1965; certifying that
the City of Denton is eligible to receive assistance under such
a program.
The following resolution was considered:
RESOLUTION NO. R88-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON
DESIGNATING CERTAIN CITY OFFICIALS AS BEING
RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY
OF DENTON IN DEALING WITH THE TEXAS PARKS AND WILDLIFE
DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE
LAND AND WATER CONSIDERATION FUND ACT OF 1965;
CERTIFYING THAT THE CITY OF DENTON IS ELIGIBLE TO
RECEIVE ASSISTANCE UNDER SUCH PROGRAM; AND PROVIDING
FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
September 6, 1988
Page 11
McAdams motion, Gorton second to approve the
roll vote, McAdams' "aye," Alexander "aye,"
Gorton "aye," Ayer "aye," and Mayor Stephens
carried unanimously.
resolutior~.-~ On
Hopkins
"aye." Motion
B. The Council considered approval of a resolution
appointing memDers to the North Texas Higher Education
Authority.
The following resolution was considered:'
NO. R88-056
A RESOLUTION APPOINTING MEMBERS TO THE NORTH TEXAS
HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE
DATE.
Hopkins motion, McAdams second to approve the resolution. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion
carried unanimously.
Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager, presented the following items:
A. July Budget Recap - Harrell stated that the July
budget recap was presented in the agenda.
B. Harrell reported that the August sales tax was
down $18,000 from a year ago.
The Council took the following official action:
A. Gorton motion, McAdams second to nominate Mayor
Pro Tem Hopkins and Council Member Alexander as voting
delegates to the National League of Cities Conference. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," and Mayor Stephens "aye." Motion carried
unanimously.
8. New Business
The following items of new business were suggested by Council
Members for future agendas:
A. Mayor Pro Tem Hopkins stated she felt there were
several unsettled issues dealing with the budget and questioned
what wa~ the upcoming schedule of Council meetings. Harrell
stated that there would be a work session on September 13 and a
possible session on September 15th.
City of Denton City Council Minutes
September 6, 1988
Page 12
9. The Council did not meet in Executive
following the Regular' Session.
Session
With no further business, the meeting was adjourned at 8:31 p.m.
N ! FE~7'WAL TERS
Y SECRETARY
CITY OF DENTON, TEXAS
CITY ~'DENTON, TEXAS
2978C