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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. 217 4. The Council then convened into the Executive Session ~ to discuss the following items: 218 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. 219 220 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. 221 222I' 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. 225 226 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