Minutes December 08, 1992121
AGENDA
CITY OF DENTON CITY COUNCIL
December 8, 1992
The City Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Brock, Chew, Perry, Smith and Miller.
ABSENT: None
1. The Council convened into the Executive Session to discuss
legal matters (considered action in In Re: Flow and considered
action in Smith v. City), real estate and personnel/board
appointments (considered an appointment to the Citizens Traffic
Safety Support Commission).
2. The Council received a report and held a discussion with the
'91 Committee regarding improvements to the Martin Luther King, Jr.
Recreation Center and sidewalk projects and gave staff direction.
Rick Svehla, Deputy City Manager, stated that the '91 Committee had
reviewed the conditions and proposals for the MLK Center. They
agreed that the phased approach was an excellent idea and felt that
as the projects were long term and not maintenance, it was
appropriate to use the bond money. The current CIP program was
completed. There was $30,000 of sidewalk money left and the
Committee reviewed possible locations for usage. Ail of the
proposed areas were connected except for one with other bond
project~. If the Council agreed with the locations, bids would be
done shortly.
Council Member Brock asked if the projects would be rebuilding
current sidewalks and not new sidewalks.
Svehla replied yes that they would be rebuilding the present
sidewalks.
Consensus of Council was to proceed with the projects.
3. The Council received a report, held a discussion and gave
staff direction regarding the day care licensing of Martin Luther
King, Jr. Recreation Center's Kid Connection Program, and the
transfer of the program to After School as an After School Action
Site under the management of the Children's Programs Supervisor.
Lloyd Harrell, indicated that items three and four would be
considered at the same time.
Rich Dlugas, Superintendent of Parks, stated that the Kid
Connection Program started as a licensed program in 1990-91. At
that time, the requirements of the license stated that children in
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the program could not mix with other children in the area. That
limited the interest in the program. A second concern was that the
forms were very cumbersome to complete as required bythe licensing
agency. The attendance at the program dropped with an average of
10-15 children by the end of the school year. Continued CDBG
funding was threatened due to the low attendance. CDBG requested
that the program be reevaluated. For the 1991-92 school year, the
program had been run as a non-licensed program. This did not allow
for a criminal background check on employees. Staff was
recommending to relicense the program which would allow criminal
history checks. Due to a change in the cooperation with the area
residents, staff would work with the residents in completing the
necessary forms. A waiver would be requested to allow the
participants of the program to mix with other children in the
Center.
Council Member Perry stated that an additional concern was that the
program be the same as all the other programs in the City. That
was very important to him.
Mayor Pro Tem Hopkins asked if there had been a meeting between the
residents and staff regarding this issue.
Council Member Chew replied that it had been determined that there
was no need for the meeting as it was not the parents who
discontinued the licensed program. The parents were now in favor
of a licensed program. The program was changed due to a potential
loss of funds.
Council Member Miller asked if the children in the program would be
able to intermix with children in the recreation center.
Council Member Chew stated that the program could continue without
the waiver but it would enhance the program to have that ability.
Dlugas stated that another issue was the possible inequity in the
programs in terms of staffing the programs. Originally it had been
recommended that the MLK program be staffed with volunteers from
TWUas opposed to paid staff. Staff was now recommending that the
program at MLK be funded with enrichment leaders paid with CDBG
funds. Thus all of the sites would be have paid staff. A third
concern was providing the same amount of time for enrichment
activities at all of the sites. A schedule of enrichment classes
was proposed to deal with the various sites. Every student would
received 5 hours of ~nri~hm~nt during th~ month at each site. A
final concern was if the parents involved in the program were still
interested in an enrichment program even with an increase of the
fees. The overwhelming response by the parents was yes and they
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indicated that they wanted the program to start as soon as
possible.
Consensus of the Council was to proceed with the proposals as
presented by staff.
4. The Council received a report, held a discussion and gave
staff direction regarding the City Council's concerns regarding the
addition of an Enrichment Program for the Parks and Recreation
Department's After School Programs.
This item was discussed with Item #3.
The Council convened into the Regular Session at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Brock, Chew, Perry, Smith and Miller.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Session of November 10, 1992, and the joint session of November 16,
1992 with the Denton Independent School District Board of Trustees.
Smith motioned, Chew seconded to approve the minutes as presented.
On roll vote, Brock "aye", Miller "aye", Hopkins "aye", smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
3. Presentation of the Distinguished Budget Presentation Award as
an "Especially Notable Communication Device" from the Government
Finance officers Association of the United States and Canada for
its annual budget for the fiscal year beginning October 1, 1992.
Kathy DuBose, Director of Accounting and Budget Operations,
presented the award to the Council for the City's Annual Program of
Services for 1991-92.
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4. Citizen Reports
A. The Council received a citizen report from Tommy
Richardson regarding the Denton Youth Football Association.
Mr. Richardson stated that he represented the Denton Youth Football
Association and he wanted to thank the City for furnishing the
fields to play on and to thank the Park staff for their cooperation
in working with the Association. He also thanked Council Members
Chew and Brock for their interest and participation with the
Association. He felt it was the job of the Association and the
City to provide adequate fields for the children to play on and
thanked the Council for providing such.
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance approving a rezoning of a 32.045 acre tract of land
from the Agricultural District to the Single Family-10 District,
with conditions, SF-10(c), on property located on the east side of
Country Club Road, approximately 920 feet south of Hobson Lane. Z-
92-023 (The Planning and Zoning Commission recommended approval
with conditions 6-1 at its meeting of November 11, 1992.)
Frank Robbins, Executive Director for Planning, stated this was a
zoning change request from Agricultural district to SF10-
conditioned. The condition was that the adjoining lots between
Forrestridge and the proposed zoning would not be smaller than
13,000 square feet in effective area. Twenty reply forms mailed
out with 2 received in favor, one returned undecided and four
returned in opposition. The infrastructure to support the proposed
zoning was in place or would be in place after platting by the
developer. Only the use of the lots would be considered at this
meeting and the layout of the property would be considered at a
later meeting. There was one zoning case and district in the City
as an SF13 buffer. The case might be a precedent setting case in
terms of how far the Council should go regarding buffer zoning.
The Denton Development Plan had a strong statement regarding
housing diversity. It stated that housing diversity was strongly
encouraged in Denton and as a whole. Housing diversity was defined
in units per acre. SF10, SF13, and SF16 were zoning districts in
which the units per acre would be in the low category. The housing
pattern should be well planned to maintain neighborhood integrity.
One of the issues was that there did not need to be a great deal of
transition between housing types in the same density category. In
addition, the principle policy was the intensity policy and was the
proposal in accordance with the intensity allocated to the area.
This was a low intensity area. The proposed zoning was for a
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category in which the density allocation was approximately one-
half of the allowed intensity and actually decreased the intensity
which was allowed.
The Mayor opened the public hearing.
Tom Jester, representing the owners of the property, stated that
the owners were requesting SF10 zoning which was the only item the
Council would be considering at this meeting. One of the
conditions was for SF13 on the lots which abutted FOrrestridge. It
was his opinion that the property would not hinder the development
of Forrestridge or devaluate the current property. He detailed the
conditions which would be imposed on the development of the
property. He felt that the development would provide alternatives
for the housing area.
Council Member Miller asked how many lots would be SF13.
Jester replied that there would be a cul-de-sac with no through
street which would have four lots zoned SF13.
Council Member Smith indicated that there would be a fence along
the south side of the property and asked if there would be one on
the east side of the property.
Jester replied that there had been no decision made at this time
regarding the east side of the property. The developer had agreed
with property owners to construct the fence on the south side of
the property.
Mayor Castleberry asked if the developer had proposed SF13 on the
cul-de-sac lots.
Jester replied yes.
Mary Tisher stated that the land adjacent to the south border was
her property. She had concerns on the effect of the development on
her property. It could either hinder or add to future development.
Mr. Todd had worked very hard with her family in addressing her
concerns and reservations. She felt that there would be no adverse
effect on her property with the proposed development.
Perry Slack stated that he was the president of the Forrestridge
Homeowners Association. One of the members had received the
original notification letter. He felt that the zoning from SF16 to
SF10 might have detrimental effects on the current property values.
The homeowners association had met with the owner of the property.
They felt it was too much of a down zoning to reduce the zoning to
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SF10 in one area of the development. He asked the members of the
audience in opposition of the zoning to stand. There were many
individuals in the area who felt that this would not be good
planning.
Sam Rosson presented some background information regarding the
development of the area. The development was moving in a
southwesterly direction. The proposed development would be a block
to that trend. He felt that the continuity and integrity of the
neighborhood should be maintained and was concerned with the
reduced zoning. It was no concession to have the cul-de-sac as
there was no other way to plat that part of the development. The
Planning and Zoning Commission, as long as the development met the
guidelines, was obligated to approve the development. The Council
needed to determine if it was good planning to reduce two zoning
levels. He asked Council to maintain the continuity and integrity
of the neighborhood and vote against the proposal.
John Massey stated that he was very proud of the beauty of Denton.
He felt that the challenge of the Council was to maintain that
quality which had been in Denton for many years. He felt that a
pattern would be established for the area and asked Council to vote
against the proposal.
Amy Quate stated that there was a positive momentum in Denton for
development. The Planning and Zoning Commission had the
responsibility of examining the proposal to indicate to Council if
it were consistent with the policy. It was the job of the Council
to provide judicious management. The residents in the area paid a
lot of tax money. The developer indicated that small lots and
small houses needed to be built. That was not true. It was an
advantage to the tax base to have larger homes. What was proposed
was lots which would be smaller with smaller homes with possible
back alleys. The developer would make the maximum amount of money
by maintaining the integrity of the current neighborhood.
Bill Reed indicated that the neighbors had invested a great deal of
money and time in their neighborhood. They relied on the Council
to take a close look at what was happening in the area. Did the
proposal meet the wishes of the residents of the area. He asked
that the CoUncil keep the neighbors concerns in mind. He asked
Council to reject the plan until a specific plan had been
developed.
Lynn Dower stated that she was very directly affected with the
proposal. She felt that it was imperative that the Council realize
that the neighbors were not totally against the development of the
area but urged the Council to maintain the integrity of the
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neighborhood.
Jane Gidder stated that she had recently purchased a home in the
area. She was concerned with the development of the area behind
her home. The lots ranged in excess of 1600 square feet and some
of the larger lots were 2200 square feet. The disparity between
the lot sizes was too great.
The petitioner was allowed a five minute rebuttal.
Tom Jester stated that the petition was asking only for land use at
this time and that the exact layout of the property was not known
at this time. The layout needed to be approved by the Planning and
Zoning Commission. The lots would be 10,000 square feet with the
lots selling between $35-45000. It would be a quality development.
There was only 300 feet of the proposed development touching
Forrestridge. There would be no street going into Forrestridge.
The developer was trying to be a good neighbor by providing the
SF13 lots between the developments.
The Mayor closed the public hearing.
Council Member Miller asked if there were alleys proposed for this
development.
Robbins replied that alleys were not proposed but could be
addressed.
Council Member Miller stated that the Planning and zoning
Commission minutes indicated a proposal for 16-17 SF13 lots. Four
were adjacent to the Forrestridge area. Were those lots still part
of the proposal and would there be a fixed number of lots in the
ordinance.
Robbins replied that a condition could be added that adjacent lots
to Forrestridge would be SF13. The Planning and Zoning minutes
reflected what happened at the neighborhood meetings.
Council Member Miller asked what was the adjacent zoning.
Robbins replied that PD104 was a mixed use development which
included a three acre square for commercial retail uses. There was
a road on the eastern end which was zero lot line homes. Before
any development there would be public review of the detailed site
plan.
Council Member Miller asked about the east and south side of the
development.
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Robbins replied that that property was agricultural zoning and was
largely undeveloped.
Council Member Brock asked about a discussion Council had had about
establishing procedures for the expiration of planned developments
if there were no development in a certain time frame.
Robbins replied that currently there was no procedure for the
expiration of planned developments.
Council Member Smith asked about a proposed street which seemed to
go nowhere.
Robbins replied that city regulations required that a cul-de-sac
could not be longer than 1000 feet. The stub out street would
fulfill that requirement.
Council Member Miller asked if the issue was the size of the lots
or value of the homes placed on the lots. Could the value of the
homes placed on a lot be addressed in zoning.
Robbins replied no it could not.
City Manager Harrell stated that the plat shown was a concept plat
given by the developer. The developer was under no obligation to
configure the property in that way. If the zoning were approved,
a proposed plat would have to be filed with staff for Planning and
Zoning Commission and Council approval.
Council Member Perry asked Robbins to review the scope and
percentage of the opposition.
Robbins replied that 20 notices were mailed to property owners
within 200 feet of the proposal. Two were returned in favor, one
was undecided and four were returned in opposition. The opposition
percentage was 6.4% of the land area within 200 feet of the area.
Mayor Castleberry asked if SF13 was between SF16 and SF10, how that
would be formulated in the ordinance.
City Attorney Drayovitch stated that the ordinance included a
provision that the lots directly abutting the Forrestridge addition
would be SF13.
Robbins replied that the SF13 condition could be extended but it
would be necessary to determine how that would be defined.
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Mayor Pro Tem Hopkins asked what that would do to the stubbed
street if that were done.
Robbins replied that that could not be determine at this time.
Mayor Pro Tem Hopkins stated that since the layout that had been
shown was not a set plan, a minimum n-mher of lots would have to be
indicated which would be adjoining the abutting lots.
City Attorney Drayovitch stated that if Council were considering
adopting a different type of ordinance than the one requested, her
staff would like to look at that ordinance and return at a future
meeting.
Council Member Perry felt it might be beneficial to have the
developer and the neighbors negotiate again for a more agreeable
solution.
Council Member Miller stated that given the Denton Development
Guide there probably would be a time when the property adjacent to
Forrestridge would not be all SF16. He would like the developer
and the homeowners to try once more for an agreement for buffer
zoning. It was not realistic to think that all of the undeveloped
property would always be SF16.
City Attorney Drayovitch stated that Council might want to consider
postponing the item to a date certain or to table to a date certain
or indefinitely as the public hearing requirement had been met.
Council Member Brock stated that diversity was an important goal in
housing but there was a need for housing in the higher p~operty
range. She was concerned with lots which could build a sizeable
home but also preserve the trees in the area. She was concerned
about protecting neighborhood integrity and concerns.
Miller motioned, Perry seconded to postpone the item and asked the
City Manager to put it back on the agenda after the developer and
homeowners met again to try and work out a more agreeable solution.
On roll vote, Brock "aye", Miller "aye", Hopkins "aye", smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
B. The Council held a public hearing concerning amending the
sign ordinance and gave staff direction.
Frank Robbins, Executive Director for Planning, stated that the
Planning and Zoning Commission had made a report to Council. If
the Council had other issues it wanted to deal with other than
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those in the report, there might be a situation where those might
have to be reviewed by the Planning and Zoning Commission. A
proposed ordinance wasprovided in the backup materials for Council
review. Staff needed direction on how the Council wanted to
proceed with the proposed ordinance.
Council Member Chew stated that he would like to follow the process
the Council had already established with a public hearing followed
by a work session. After that work session, the Council would then
consider the ordinance.
Council Member Brock stated that she was concerned about Items 7,
9 and 10 on the list of recommendations. The Planning and zoning
Commission did not make a recommendation on those issues. Council
might benefit from a more explicit indication from the Commission.
Council Member Miller indicated that he might like to consider some
issues before a work session and then proceed with the ordinance.
City Manager Harrell stated that the only guidance staff needed
which would help the process but not speed it up, was that if there
were an issue which was raised by someone but never addressed by
the Planning and Zoning Commission and Council wanted it addressed
in an ordinance revision, it would be helpful for Council to
identify those issues and they could be presented to the Planning
and Zoning Commission with a full report to the Council at its
January meeting.
Robbins presented slides of signs in the area which represented the
proposed issues.
City Manger Harrell asked Robbins to mention those issues which the
Planning and Zoning Commission did not address.
Robbins indicated that the Commission addressed all of the issues
but did not make a recommendation on some of those issues. Council
might want to ask the Planning and Zoning Commission to make a
recommendation on a particular issue.
The Mayor opened the public hearing.
Fred Gossett spoke in favor of the amendments. He stated that he
recently saw a letter from Jostens to the Chamber of Commerce. It
stated that recently Jostens doubled its size and felt a positive
business climate in the City of Denton and an Qut~anding wQrk
force available in Denton. During the orientation visits for the
Peterbilt move, he had heard a number of times how Peterbilt was
impressed with City efforts in helping to make the move a reality.
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No one from the Hunt organization would not give a testimony
indicating the City's help in opening the outlet mall. If one
would take out UNT, TWU, FEMA, the Denton State School, 80% of the
businesses in Denton would be classified as small businesses. They
depended on signs for effective business. He hoped that if changes
were made to the ordinance, that it would not be "put to bed" and
if it were found in the future that items needed to be changed, it
would be considered. He suggested that Council had the opportunity
to show support for small businesses in Denton. The Council should
not regulate signs so much that effectiveness was severely limited.
He encourage Council to adopt the proposed changes.
Carl Anderson, Chairman-Denton Chamber of Commerce, stated that
Council had shown an effort to work with all businesses and groups
in Denton. The Chamber Board had approved a 7 point position
statement. He asked Chamber members who were present in the
audience who supported the Chamber statement to stand for a show of
support. He stated that the Chamber would appreciate a favorable
response to these proposed issues.
David Biles stated his appreciation from the Chamber to Council
Members Miller and Brock who attended the early morning Chamber
meetings regarding this issue and to Frank Robbins for his
assistance. Denton was his home and he was concerned about the
visual future of the City. He wanted it to look good but also was
aware of the businesses who needed to make a living in Denton. The
seven position points from the Chamber corresponded with items
1,2,3,6,8, 9 and sub-issue 12 of the Council's recommendations.
Denton was growing and an issue was whether the growth would be
acceptable. The sign ordinance with the proposed amendments was a
reasonable balance between business and beautification efforts. If
Council adopted the 14 issues, it would eliminate 90-95% of the
complaints regarding the sign ordinance. If the 14 issues would be
adopted, he would not be in favor of addressing the issue again for
quite a while. The Planning and Zoning Commission's recommendation
was acceptable and reasonable.
Joe Dodd stated that he had to speak against the amendments as
personally they were insufficient. He did not believe any of the
ordinance should exist except for those items dealing with
structural safety and public safety. The original intent of the
ordinance was to eliminate portable signs. Much of the trouble
with the ordinance rested on the Record Chronicle which did not
convey the breadth of the ordinance's problems and the depth of its
opposition in the business community. Several slanderous stories
were written to speak for the law as it existed. Change would be
unfair to those who had already complied with the current
ordinance. The premise that the proposed changes would unfairly
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benefit old Denton business was not true. It would affect new
businesses and might adversely affect new small business
construction. He urged Council to place most of its emphasis on
individuals who spoke before the Council.
The Mayor closed the public hearing.
Consensus of the Council was to hold a work session in January
regarding this issue.
Council took a short recess.
Council Member Brock was not present after the recess.
Council Member Miller felt that some type of safeguard was needed
to be built into the sign ordinance regarding face changing in
which the change could not be plywood hammered over the existing
sign or a second rate paint job. Something positive had to be done
with the abandoned sign. It should not be allowed to have the sign
painted over or boarded over. He suggested that some type of
language be included in the ordinance to provide that protection.
Council Member Brock joined the meeting.
Council Member Miller stated that the Planning and Zoning
Commission had made no recommendation on the height of signs on
IH35. Currently there was a 40' provision. He suggested to allow
the higher of either the elevation of the land or the elevation of
the interstate to be used for the height of the sign.
Mayor Pro Tem Hopkins wanted to address the issue of banners over
streets. She did not consider that the Planning and Zoning
Commission had to make a recommendation as they did consider the
issue but had no recommendation for Council. She was very much
against banners over the streets.
Council Member Smith agreed.
City Manager Harrell asked Council Member Miller if he wanted the
Planning and Zoning Commission to discuss the two items he had
mentioned.
Council Member Miller responded yes that he would like it discussed
by the Planning and Zoning Commission and made part of the work
session for Council.
Mayor Castleberry asked if staff needed any further direction.
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Robbins replied that Council would consider this item at its first
work session in January. The Planning and Zoning Commission would
consider abandoned signs and signs on IH35 with a recommendation
from the Commission for Council.
Council Member Chew indicated that he would like the Planning and
Zoning Commission to make a recommendation regarding national
flags.
Council Member Smith stated that the face change recommendation
indicated no limit on how many times the face could be changed.
Robbins replied correct.
Council Member Smith stated that then there would be no way of
knowing when it would be conforming.
Robbins indicated that Council had asked for a Planning and Zoning
Commission recommendation for flags but not for banners across
streets.
Council Member Smith stated that if the other issues were going to
the Planning and Zoning Commission, that item should be considered
also.
Council Member Perry indicated that he was concerned with a way to
eventually make the signs conforming. He wondered if there might
be some sort of incentive to make the sign conforming. He would
like the Council to consider a time frame for non-conforming signs
to become conforming.
Mayor Pro Tem Hopkins indicated that she would like to have the
Legal Department review of the possibility of having an end to the
non-conforming signs which would be grandfathered. Could it be
legally done or could a tax abatement be given to make the signs
conforming. Was there a way to help the businesses make the signs
conforming.
Council Member Miller felt that those issues were another segment
of the sign ordinance. It could be a future issue to consider once
the proposed amendments were approved. The issue was very complex
and would take a great deal of time to consider.
Council Member Perry indicated again that he would like to consider
this item the next time the sign ordinance was considered.
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C. The Council held a public hearing and considered adoption
of an ordinance approving the rezoning of a 77.6 acre tract of land
from the Planned Development District to the Agricultural District
on property located on the east side of FM 2181, approximately one-
half mile north of Ryan Road. Z-92-028 (The Planning and Zoning
Commission recommended approval 7-0 at its meeting of November 11,
1992.)
Frank Robbins, Executive Director for Planning, indicated that this
was a request for downzoning in the area for the purpose of
developing a ranch. Six notices had been mailed to property owners
within 200 feet of the proposal and one was returned in favor. The
Planning and Zoning Commission had recommended approval as the
proposal complied with the Denton Development Guide.
Mayor opened public hearing.
Bud Johnson stated that he had purchased the property with the
intent to develop a small ranch on the property. There was no need
for the planned development zoning. The property would be
agricultural as long as he was on the property.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 92-202
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT ZONING DISTRICT NO. 68 TO
AGRICULTURAL ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 77.6 ACRES OF LAND LOCATED ON THE EAST SIDE OF
FM 2181 APPROXIMATELY ONE-HALF MILE NORTH OF RYAN ROAD;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council held a public hearing and oonsidered adoption
of an ordinance approving a request to rezone 10.0868 acres to a
Conditioned General Retail District. The tract was located on the
north-northwest side of Mayhill Road, adjacent to the MK&T Railroad
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tracks. Z-92-026 (The Planning and Zoning Commission recommended
approval 4-0 at its meeting of October 28, 1992.)
Frank Robbins, Executive Director for Planning, stated that this
was a conditioned zoning district. The only use permitted was to
install an antenna on the site. The one lot site would not be
developable and a building permit would not be issued until the
antenna had an FCC license. Originally the 20% rule had been in
effect but the opposition had been withdrawn. The preliminary plat
was on the Consent Agenda and could be considered separate from the
zoning request. Infrastructure was very minimal for the
development and was in place. A substantial amount of right-of-way
would be dedicated if the property were ever developed. Current
City regulations did not include much regulation of this type of
development. He had reviewed other model ordinances and developed
a list of issues. One issue was that whatever was on the tower
would not interfere with other frequencies. Structural standards
would require a structural engineer to certify that the structure
was safe. As far as landscaping was concerned, the proposal would
take out very few trees.
The Mayor opened the public hearing.
Mike Ramos stated that the facility would be 450' high. The tower
would be servicing such areas as cellar phones and pagers. Tower
space could be rented to whoever might need such a service. Only
the tower could be built on the site. A minim,~m number of trees
would be removed from the area. Approximately two acres of right-
of-way would be dedicated for a future Loop 288.
Rick Woolfolk stated that the Airport Advisory Board would like to
review any future tower requests over 250' high. The Airport Board
was not opposed to the tower as it met regulations. He asked that
any future requests for towers be reviewed by the Airport Advisory
Board before final action by the Planning and Zoning Commission as
certain Federal regulations concerning airport safety needed to be
considered.
Russ Tinich, representing Andrew Corporation, stated that the
Corporation was in favor of the proposal. The design of the tower
would be of the highest quality.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
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Page 16
No. 92-203
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL "A" TO GENERAL RETAIL-CONDITIONED
(GR-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
10.087 ACRES OF LAND LOCATED ON THE NORTH-NORTHWEST SIDE OF
MAYHILL ROAD, WEST OF AND ADJACENT TO THE M K & T RAILROAD
TRACKS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Hopkins motioned, Chew seconded to adopt the ordinance.
Mayor Castleberry asked about the effect the tower would have on
the proposed hospital in the area.
Robbins replied that currently there was no proposal in the area
for a hospital. He felt that it would not have an effect if such
a proposal were done.
Mayor Castleberry asked if the right-of-way dedication was
guaranteed.
Robbins stated that the City would have the right-of-way when the
plat was recorded at the County.
On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
E. The Council held a public hearing to consider a variance
request on behalf of Schneider & Justice, Inc., for East Oaks
Addition - Phase III. The request was to exempt the applicant from
the Subdivision Regulation requirement of Sec. 34-124, Paragraph f-
3, pertaining to drainage regulations. The 6.697 acre site was
located north of McKinney Road, east of Audra Lane and was accessed
by Timber Trail Road. V-63 (The Planning and Zoning Commission
recommended approval 5-0 at its meeting of December 2, 1992.)
Frank Robbins, Executive Director for Planning, stated that the
request was for a drainage variance from having to put the drainage
in a pipe. The Planning and Zoning Commission recommended to grant
the variance based on the fact that it met the three criteria for
a variance. One was that it did not violate a master plan - there
was not a master drainage plan in this area. A second criteria was
that special or particular conditions were present to grant the
variance - in order to comply with the ordinance, the developer
would have to build a pipe almost one-half mile to McKinney and, as
137
City of Denton City Council Minutes
December 8, 1992
Page 17
there was such a small amount of water it was deemed unnecessary.
The third criteria was that the conditions were not caused by the
owner of property or any prior owner - the developer did not create
the lay of the land in the area. Due to the small amount of water,
the pipe was unreasonable.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Hopkins motioned, Brock seconded to approve the variance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council held a public hearing and considered adoption
of an ordinance approving the rezoning of a 6.033 acre tract of
land from the Planned Development District to the office District
on property located northwest of N. Bonnie Brae and west of Oak
Street, also known as the Vintage Retirement Community. Z-92-029
(The Planning and Zoning Commission recommended approval 7-0 at its
meeting of November 11, 1992.)
Frank Robbins, Executive Director for Planning, stated that 17
notices were mailed with one returned in favor. The zoning was
consistent with neighboring property. The intensity allocation was
consistent with the Denton Development Plan.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
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City of Denton City Council Minutes
December 8, 1992
Page 18
No. 92-204
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT ZONING DISTRICT NO. 69 TO
OFFICE ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
6.033 ACRES OF LAND KNOWN AS LOT 1, BLOCK 1 OF THE DENTON
RETIREMENT CENTER ADDITION; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
6. Consent Agenda
Chew motioned, Hopkins seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
ae
Bids and Purchase Orders:
3e
4.
5.
6.
7.
Bid ~1429 - CDBG Sidewalk Repair Program
Bid #1442 - Fully Insured Managed Care Health
Insurance Program
P.O. $31330 - Xerox
P.O. $31359, #31360, #31361, $31395 - Xerox
P.O. #31331 - Bobby V. Gray/EIS Support Services
P.O. $31332 - Weston Consulting
Check Requisition - Texas Water Commission
Plats and Replats
1. Considered approval of the preliminary plat of Lot
2, Block A, Exposition Mills, being a 1.609 acre
tract of land located on the east side of 1-35N,
approximately 200 feet south of Loop 288 and a
Comprehensive Pedestrian Access Plan. (The
Planning and Zoning Commission recommended
approval.)
Considered the preliminary plat of Lot 1, Block A,
and Lot 1, Block B, of the D. Lombard Addition.
The 10.0868 acre tract was located on the north-
northwest side of Mayhill road, adjacent to the
MK&T railroad tracks. (The Planning and Zoning
Commission recommended approval).
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City of Denton City Council Minutes
December 8, 1992
Page 19
7. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (6.A.4.- P.O. $31359, ~31360,
~31361, ~31395)
The following ordinance was considered:
No. 92-205
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.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance accepting
competitive bids' and providing for the award of contracts for
public works or improvements. (6.A.1. - Bid ~1429)
The following ordinance was considered:
No. 92-206
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.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council consider adoption of an ordinance providing
for the expenditure of funds for purchases of materials or
equipment which are available from one source in accordance with
the provisions of state law exempting such purchases from
requirements of competitive bids. (6.A.3. - P.O. #31330, 6.A.7. -
Texas Water Commission Check Requisition)
The following ordinance was considered:
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City of Denton City Council Minutes
December 8, 1992
Page 20
No. 92-207
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IH ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECRTIVE DATE.
Hopkins motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement with Bobby V. Gray
d.b.a. EIS Support Services for personal services relating to
annual maintenance of the EIS (payroll) software. (6.A.5. - P.O.
~31331)
The following ordinance was considered:
No. 92-208
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH BOBBY V. GRAY d.b.a. EIS SUPPORT SERVICES, FOR PERSONAL
SERVICES RELATING TO ANNUAL MAINTENANCE OF THE EIS (PAYROLL)
SOFTWARE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING THE EFFECTIVE DATE.
Chew, Smith to adopt On roll vote, Brock "aye", Miller "aye",
Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement with Weston
Consulting for personal services relating to annual maintenance of
the CIS (Customer Service Utility Billing) software. (6.A.6. -
P.O. #31332)
No. 92-209
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH WESTON CONSULTING, FOR PERSONAL SERVICES RELATING TO
ANNUAL MAINTENANCE OF THE CIS (CUSTOMER SERVICE UTILITY
BILLING) SOFTWARE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDINE THE EFFECTIVE DATE.
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City of Denton City Council Minutes
December 8, 1992
Page 21
Smith motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement with Philadelphia
American for City of Denton employee health insurance. (6.A.2. -
Bid #1442)
The following ordinance was considered:
No. 92-210
AN ORDINANCE ACCEPTING COMPETITIVE BIDSAND PROVIDING FOR THE
AWARD OF CONTRACTS FOR THE PURCHASE OF EMPLOYEE GROUP HEALTH
INSURANCE TO PHILADELPHIA AMERICAN LIFE INSURANCE COMPANY;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
H. The Council considered adoption of an ordinance approving
an agreement providing for the lease of office space at 324 East
McKinney Street.
City Manager Harrell stated that this lease would continue the
lease agreement for space across the street.
The following ordinance was considered:
No. 92-211
AN ORDINANCEAPPROVINGANAGREEMENT PROVIDING FOR THE LEASE OF
OFFICE SPACE AT 324 EAST MCKINNEY STREET; AND DECLARING AN
EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
142
City of Denton City Council Minutes
December 8, 1992
Page 22
8. Resolutions
A. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the City of
Denton and the City of Corinth for the impoundment and disposition
of dogs and cats.
City Manager Harrell stated that this was a continuation of an
annual agreement with the City of Corinth.
The following resolution was considered:
No. R92-076
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DENTON TO
EXECUTE, ON BEHALF OF THE CITY OF DENTON, AN INTERLOCAL
AGREEMENT WITH THE CITY OF CORINTH FOR THE PROVISION OF
SERVICES ASSOCIATED WITH THE HOLDING AND DISPOSING OF DOGS AND
CATS FOR THE CITY OF CORINTH; AND PROVIDING ANEFFECTIVE DATE.
Hopkins motioned, Perry seconded to approve the resolution. On
roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
B. The Council considered approval of a resolution
encouraging the Texas Department of Transportation to continue in
its efforts to insure the continued existence of an exit ramp from
Interstate Highway 35 to U. S. Highway 77.
Rick Svehla, Deputy City Manager, stated that the State had
considered closing the ramp. Area land owners had expressed
concern with the closing and had asked the Highway Department to
leave the current ramp open until a study could be done regarding
a new ramp. The Highway Department had asked for a resolution from
the City expressing support for the new ramp.
Council Member Chew indicated that the resolution would not commit
the City to any money in the project. It merely expressed suDport
for the project.
David LaBrac indicated that he was pleased that the Council would
consider support of such a resolution. He asked for Council
support of the resolution. The local businesses in the area would
not survive without that ramp in that location.
Robert Raymond, Manager of the Real Estate Division of Unical,
stated that the ramp was necessary for the continued success of the
143
city of Denton city Council Minutes
December 8, 1992
Page 23
truck stop in the area. He strongly supported the resolution being
considered by Council and asked for their approval.
Mayor Castleberry stated that with increased traffic in area, there
was a need for the exit ramp.
Council Member Miller stated that the idea of trucks going past the
new mall was not agreeable to him.
The following resolution was considered:
No. R92-077
A RESOLUTION BY THE CITY OF DENTON, TEXAS, ENCOURAGING THE
TEXAS DEPARTMENT OF TRANSPORTATION TO CONTINUE IN ITS EFFORTS
TO INSURE THE CONTINUED EXISTENCE OF AN EXIT RAMP FROM
INTERSTATE HIGHWAY 35 TO U.S. HIGHWAY 77; AND PROVIDING FOR AN
EFFECTIVE DATE.
Miller motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously. '
9. The Council considered appointments to the Airport Zoning
Commission. The Planning and Zoning Commission and the Airport
Board each recommended three members for appointment.
Frank Robbins, Executive Director for Planning, stated that a
number of positions had expired on the Commission. The consultant
had just about completed the work on the Master Plan of the
Airport.
Perry motioned, Brock seconded to appoint Rick Woolfolk, Allie
Miller, George Gilkeson with John Dulemba as alternate from the
Airport Advisory Board and Ivan Glasscock, Richard Cooper and
Melvin Willis from the Planning and Zoning Commission. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
10. Miscellaneous matters from the City Manager.
City Manager Harrell presented the following items:
A. There would be no work sessions on December 22 and
December 29. In January there would be a mid-year planning session
and continued evaluations of Council staff.
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City of Denton City Council Minutes
December 8, 1992
Page 24
B. A notice had been received regarding a TML briefing on
February 8. It would be helpful if some of the Council could
attended that briefing.
Mayor Castleberry asked Council Members Perry and Brock to assist
him with the mid-year planning session.
11. There was no official action taken on Executive Session items
discussed during the Work Session.
12. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Chew thanked Council for attendance at his
Saturday appreciation day.
13. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned 10:13 p.m.
S~CRETARY
ITY OF DENTON, TEXAS
ACCOOOD4