Loading...
Minutes October 04, 1994CITY OF DENTON CITY COUNCIL MINUTES October 4, 1994 The Council convened into a Closed' Meeting on Tuesday, October 4, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, and Smith. ABSENT: Council Members Chew and Miller Closed Meeting: 5:15 p.m. A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered action in John Marie Preston v. City of Denton and Jaqoe-Public Company. 2. Considered action in Cohaqen, et al. v. City. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 Considered transition of City Attorney to Part-time Municipal Judge. The Council convened into a Work Session on Tuesday, October 4, 1994 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, and Smith. ABSENT: Council Members Chew and Miller 6:00 p.m. 1. The Council received a report, held a discussion and gave staff direction regardiDg adoption of a proposed."Off-duty Injury or Illness" policy (107.05). Mary Ann Stout, Human Resources Specialist, stated that the purpose of this policy was to coordinate salary continuation and to uniform the benefits administration when an employee was unable to perform his job duties or unable to work for an extended period of time due to an off-duty injury or illness. It gave a supervisor the opportunity to evaluate whether the position should be filled after an employee was~ unable to perform his job for at least six consecutive months. This policy applied to regular full-time and regular part-time employees and followed applicable Federal and State laws. Council would consider this item on October 18th and 116 City of Denton City Council Minutes October 4, 1994 Page 2 the policy, if approved, would be effective November 1, 1994. Council Member Cott asked if it were usual that an off-job injury was covered in this manner. Stout replied correct. This policy would put in writing what the city had been practicing. Consensus of the Council was to return the item for formal Council consideration. Council Member Cott asked about the cost of the policy. Stout replied that this was a cost effective policy as it allowed supervisors to evaluate position openings after an employee was not able to work for more than six months. There were no additional costs as the benefits administration would apply regardless. City Manager Harrell stated that the City had the possibility of saving money and this policy gave a method to terminate an employee, for a business necessity, after a long-term disability. 2. The Council received a report, held a discussion and gave staff direction regarding adoption of a proposed "Reduction In Force" policy (109.04). Tom Klinck, Director for Human Resources, stated that the policy statements would provide the Council with guidance and direction for the City Manager with regard to service areas to continue and service areas to reduce, particularly when economic times and other conditions necessitated the consideration of reducing staffing in various parts of the City. As a part of the budget process, the City Manager would then recommend positions and incumbents for elimination for the Council's consideration. There would be a reasonable attempt to integrate those employees into other departments and positions, provide help with outplacement and provide severance pay. Procedures involved in this policy stated that department directors would prepare a reduction-in-force plan as part of the budget to be presented to the City Manager. The specific criteria used with the reduction-in-force plan and to identify the positions which might need elimination were the overall service delivery in the organization and within the department, employee productivity, skills, knowledge and abilities and length of service. Outplacement assistance would include counseling; ~ar~er ~oun~ling; r~sume update assistance; assessment of strengths; skills, etc.; job search guidance; and job interview skills. City of Denton City Council Minutes October 4, 1994 Page 3 City Manager Harrell stated that the policy was an attempt to be proactive by the City. Currently there was no policy in place to handle a reduction in force. There was no anticipation that this policy would be used in the future but it was necessary to have an approved policy in place should the need arise. Consensus of the Council was to return with the policy for formal consideration. 3. The Council held a discussion and gave staff direction regarding the desirability of forming a Capital Improvements Citizen Committee. City Manager Martell stated that during the budget discussions, Council Member Smith had asked for consideration of the formation of a CIP study committee. Staff had prepared a rough draft of a resolution for Council to consider in the future. Staff was asking whether the Council desired to go forward with such a resolution and if so, were there any modifications needed to be made to the resolution. Section I called for the appointment of a 50 member CIP committee. This was not a set number and could b · changed per Council's direction. Section III dealt with some of the concerns regarding fire needs. After the committee was appointed, the committee would issue two reports. One would be an interim report concentrating on the CIP needs within the Fire Department which were being recommended by the Committee. The Fire Department needs would be presented early so that once the Council had the data from the Committee as to what future CIP improvements were envisioned, that information would be helpful as the Council took up the fire manning issue. A final comprehensive report would be submitted at a later date. After this year, the City would be out of 1986 bond money and in order to keep the CIP schedule going, some type of bond election would be needed within the nex~ year. It was felt that the Committee would come back to Council with a recommended program to present to the Denton voters after it was reviewed by the. City Council. Brock m0t~oned, Cott seconded to postpone this item until the October 18th meeting When all Council Members would be present. She felt it was important enough to be heard and discussed by the complete Council. City Attorney Drayovitch stated that four affirmative votes would be needed for that motion. on roll vote, Brock "aye", COt~ "aye", Smi~ "nay", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 2-3 vote. City of Denton City Council Minutes. October 4, 1994 Page 4 117 Council Member Smith proposed to delay the item longer than October 18th. She felt that there were obvious serious divisions on the Council as to what direction was needed to take with many of these issues. She hoped that the Council could take some time to try to come to some sort of consensus of thought on what the direc%ion should be. She had hoped that the Council could move forward quickly with some kind of movement on the entire situation and the issues. The CIP needs were obvious and there was a need to decide fire station locations and there was a need for more equipment for the Fire Department as well as large drainage problems in the community. The CIP project was more involved than just the Fire Department and its needs. If it took a month or more to work this through the Council, then that time was needed. She would like to see the Council be able to come to a better agreement among themselves. She felt it would be unfair to the Denton citizens to form a commission in the very near future when the Council did not have an agreement of purpose among themselves. Delaying the project might give the Council the opportunity to reach some sort of agreement and establish a direction for a task force. She felt that the Council needed to move ahead for all citizens and must meet the .needs and concerns of all the citizens of Denton. No matter where the citizens lived and no matter what ty~e of business they did, the Council was charged with the responsibility for everyone. The Counci~ must proceed in a rational, sane, and informed manner. That was the only way that the Council would come to a rational, informed decision. Speed was of some essence because of the issues involved. Council Member Cott felt that the process was"too long as proposed by Council Member Smith. During the recent fire on the Square, there were 68 Denton fire fighters on duty along with fire fighters from Krum and Argyle. Those personnel had long hours to work, especially with the second fire. He felt there was a need for six fire fighters now and then a committee was needed. He also felt that drainage was important to the citizens of Denton. He again recommended that six fire fighters be added and then proceed with the issues of the committee. Mayor Castleberry stated that the only decision the Council could make was regarding the direction for a CIP Committee. Council Member Smith suggested postponing the consideration of a committee until November. Council Member Perry felt that this issue was some~ing which the Council needed to move forward with as the CIP issues were important to all citizens. He was concerned about Section III and felt that it should be removed as a special consideration. He 119 City of Denton City Council Minutes October 4, 1994 Page 5 suggested deleting Section III and instead have interim reports made to Council from all departments affected by the CIP program. Mayor Pro Tem Brock felt that the real problem was that there was the need to separate the issue of fire staffing from the whole CIP issue. She was convinced that there was a need for additional fire/EMS staff even if facilities were not expanded. She was concerned as she felt that public perception in this area was important. Before anyone invested anything in rebuilding on the Square or in building anything anywhere in Denton, he had to feel that the City' was committed to adequate fire protection. The Council believed and knew that the City was committed to adequate fire protection but she felt that the feelings and opinions of those who might be having some questions, had to be taken seriously. She was afraid that putting the fire issues in the context of a CIP gave the impression that the Council did not want to do anything about any possible shortages in the fire protection program. The Council did not need a CIP committee to tell them that additional library staff, policemen, or an additional position in the Planning Department were needed. She felt that the Council needed to take action on expanding the fire fighting/EMS force as a separate issue from any CIP issue. She hoped that that position was not considered irrational, insane or irresponsible. She felt that the two issues needed to be separated and to deal with the immediate issue of whether there was adequate fire staff. Smith motioned, Perry seconded to have this item placed on the Council's first meeting in November. In the meantime, she wished the Council could try to come to some consensus regarding the issue. Mayor Pro Tem Brock stated that the fire staffing issue was not a CIP issue and should be separate from the CI~ issue. Mayor Castleberry stated that he agreed with Council Member Smith and that there was a need for a period of time to give additional thought to the issues. On roll vote, Brock "nay", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 4-1 vote. The Council convened into a Regular Session on Tuesday, October 4, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: ABSENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members cott, Perry, and Smith. Council M~mbers Chew and Miller 120 City of Denton City Council Minutes October 4, 1994 Page 6 7:00 p.m. 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 August 2, 1994; the August 9, 1994; and the August 16, 1994 City Council meetings. Perry motioned, Brock seconded to approve the minutes as presented. , "aye", Smith "aye" Perry "aye" On roll vote, Brock "aye" Cott, , , and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: National Business Womens Week Cocchhetti Days in Denton Quality Month Public Power Week National Fire Prevention Week 3. The Council considered approval of a resolution designating a "Wall of Honor" acknowledging the many contributions of City employees. City Manager Harrell stated that the "Wall of Honor" was a place to recognize employees who provided quality service to the citizens of Denton. The "Wall of Honor" would display letters received from citizens acknowledging an outstanding effort of a particular city employee. The following resolution was considered: NO. R94-057 A RESOLUTION OF THE CITY OP DENTON, T~Y~A~, DESIGNATING A ~'WALL OF HONOR" ACKNOWLEDGING THE MANY CONTRIBUTIONS OF CITY EMPLOYEES; AND PROVIDING AN EFFECTIVE DATE. smith motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. City of Denton City Council Minutes October 4, 1994 Page 7 4. Citizen Requests A. The Council considered approval of a temporarily closing Sun Valley Drive between Stuart Yellowstone Street on Friday, October 14, 1994. resolution Road and Joseph Portugal, Assistant to the City Manager, stated that this resolution would authorize the temporarily closure of Sun Valley 'Drive from Yellowstone to Stuart Road for the Ginnings Fall Festival. This would provide save passage for students and families at the function. The following resolution was considered: NO. R94-058 A RESOLUTION TEMPORARILY CLOSING SUN VALLEY DRIVE BETWEEN STUART ROAD AND YELLOWSTONE STREET ON FRIDAY, OCTOBER 14, 1994; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Smith seconded to approve the resolution..On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of an exception to the noise ordinance for construction work to occur after 10:00 p.m. on Teasley Lane. . Rick Svehla, Deputy City Manager, stated that the Brown and Root Company was working on Teasley Lane and needed to saw the concrete for the road. This needed to be done later in the evening hours. The request was for an eight month period to cover all of the pouring season and that the pouring would not be late every evening. council Member Perry asked for the days of the week for the exception. Svehla replied that the exception would be for Monday through Friday with no work on the weekends. Smith motioned, Perry seconded to grant the exception. On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry '~aye'!. Motion carried unanimously. City of Denton City Council Minutes October 4, 1994 Page 8 5. Citizen Reports A. The Council received a citizen report from Jim Powers asking the Council to rescind the sign ordinance against flying the American flag on his automobiles. Mr. Powers stated that he had exhausted almost every avenue in the City for the right to fly the American flag on his property at his place of business. He had been harassed just recently as two days ago. when he tried to comply with City regulations and the sign ordinance. He was on vacation and two associates installed an American, Texas, and corporate flag. They made a mistake and used the existing flag posts which were under the grandfather clause and moved them back approximately 18 inches from the highway so as to put them in a more rigid position. Two days ago he was told that those flags had to be removed and installed according to the sign ordinance regulations. He had received information both pro and con regarding the issue and would like to make a deal with the City. There were much lesser items on the ball~t which the citizens voted on than the pr~de and honor of the American flag. He suggested putting the issue on a ballot. The D~nton Record- Chronicle conducted a s~rvey for three hours regarding the issue and the total was 90-17 in his favor. If the Council did not step in and help him, then the Council did not have a sense of shame and no sense of decency. He wanted to fly his flags in an orderly manner and conduct his business. B. The Council r~ceived a citizen report from Joe Dodd regarding one fire fighting hero. Mr. Dodd stated that he wanted tonominate a hero and that would be hard to do as he was not here at the meeting. The fire fighting problem in Denton was not a new emergency that required immediate attention. It was a long standing problem that had reached a critical point. People could be killed in some fire circumstances. Whatever the cost for more men, it would be worth..it just to save pieces of people's lives. Another problem was the political posturing on the issue. The longer this went on, the longer it would take to correct the problem. It appeared to him that there were three votes on CoUncil locked in favor for the fire protection which he felt was needed and that there were three votes locked in to studying the issue as part of a longer problem. There was one vote not locked in and he wanted to nominate that person to a hero status. He wanted to nominate Mark Che%, as a hero and urged him to accept the nomination. City of Denton City Council Minutes October 4, 1994 Page 9 6. Public Hearings A. The Council held a public hearing with regard to the proposed annexation and zoning of a 263 acre tract located north of Jim Christal Road and west of Masch Branch Road. (A~66) Harry Persuad, Senior Planner, stated that this was the second of two pubic hearings required by law. Staff had been working with residents and was trying to address some of their concerns. The Mayor opened the public hearing. No one spoke in favor. Nedra Mitchell stated that she and her neighbors were in opposition to this annexation. Her first question was what was the purpose of this proposed annexation. Persuad stated that the purpose was to include a donut hole which existed in the City limits. The tract of land was surrounded on all sides by the City limits and the City was trying to regulate those lines so as to have contiguous lines around the City. Mitchell asked why the annexation had to take place now when the area was populated. Mayor Castleberry stated that during the Council's planning session, Council became more aware of areas which were encircled by the City and this was the reason for the annexation proposal. Mitchell asked if delaying the annexation would jeopardize the Airport Master Plan. Mayor Castleberry replied no. Mitchell asked if the annexation were approved, would it give the City any additional control over the area which the City did not already have through its extraterritorial jurisdiction and the Airport regulations. Persuad stated that the City was authorized to enforce its regulations and to provide services to its areas incorporated within its limits. In that manner, the City would have more control over land use and new development in this area as well as provide a better quality Of life. Mayor Castleberry stated that such services included police and fire protection, and solid waste collection. City of Denton City Council Minutes October 4, 1994 Page 10 Robert Nobles stated that he lived in the proposed annexed area. His wife was a lifetime Denton resident and he was in the cattle business. He was opposed to this annexation as there would be no benefits to him. He wanted to know about the City ordinance regarding fences. He understood that the City ordinance prohibited barbed wire in the city limits. He had much barbed wire around his property and had breeding animals including bulls which also were not allowed in the City limits. In the City limits, there was a requirement to have approval for tree removal which also had no benefit from his standpoint. This was agricultural land and he did not feel that it would be developed in his lifetime. He also had a swimming pool and asked where that would fall in the City ordinances for chemical treatment, etc. He asked if he would have to install curb, gutters and sidewalks. Mayor Castleberry stated that he was not sure that staff could answer all the resident's questions at this point in time. Staff would return to the residents with the answers to their questions. Frank Robbins, Executive Director for Planning and Development, stated that the property would be exempt from sidewalks, curbs and gutter until there was development on the property. Nobles stated that this was a rural community and he did not want to be annexed. Mayor Pro Tem Brock asked if there was a City ordinance prohibiting barbed wire in the City. Robbins replied yes that an issue would be if the property would be grandfathered and staff was researching that situation. Gerald Mitchell stated that this area had a voluntary annexation in 1986 on three different tracts of property. There were ten homes in the proposed annexation area, four of which were in Zone 2 of the Airport, one was already in the city limits and the other five would be brought into thm City with this proposal. The City would be losing money with this annexation as the services would cost too much for the number of homes. The residents in this area were active members of the Denton community but did not want to be annexed into the City. His questions dealt with water and sewer services to be provided, and studies done regarding the feasibility of developing the land. Brian Walding stated that he understood the reason for this proposal was to remove donut holes within the City limits. There was a line on Jim.Christal Road which was not in the City limits and he asked why that area was not being annexed. City of Denton City Council Minutes October 4, 1994 Page 11 Persuad stated that that area was currently outside the City limits and staff had not looked at that tract at that point in time. Walding stated that the Service Plan indicated that they would receive fire protection within the limitations of available water. He asked what was the limitations of available water for the area and how close was the nearest fire station. He asked if the City could guarantee the same level of protection as far as fire protection as they were receiving from Krum and Ponder. He asked if his fire insurance premiums would go down if he was annexed. The Service Plan indicated that they would not receive the same services until ultimate development and he asked for a definition of ultimate development. Robbins stated that that was a general statement which represented the issue in the State law about different levels of service. When the City annexed, it did not have to provide the same level of service uniformly to every type of development. Under State law, the City was allowed to have different levels of service, depending on the land use and density. Ultimate development meant standard residential subdivisions or commercial development. Mayor Pro Tem Brock where the current water and sewer lines extended in this area. Persuad stated that he understood the water lines currently went as far as the corner of Jim Christal Road and Masch Branch Road. Mayor Pro Tem Brock asked if the City could enforce its airport zoning in areas not within the city limits. Persuad replied yes that those regulations could be enforced outside the city limits. James Wetzel stated that he had several questions regarding the annexation and was opposed to the annexation. The Service Plan indicated that the area would receive routine services using existing personnel and equipment for police protection. Would this service be taken from other parts of the City in order to assist this area. The Service Plan also stated that they would not receive full service until ultimate development and he wanted to know when that would be. He felt that the service indicated that they would change from the County Sheriff to the City police and he asked how often would they be patrolled. Mayor Castleberry stated that staff could not answer all of his questions at this meeting as they would have to do some research regarding the questions. City of Denton City Council Minutes October 4, 1994 Page 12 Wetzel asked what benefit he would receive for this annexation. The resident's tax rates would double when annexed into the City. Council Member Perry stated that he would like to know what the Council would be required to do on Egan Road and an additional road 'in the area to ~ave improvements made and how far down the lane would the Council be required to maintain that road. Mayor Pro Tem Brock stated that she had lived south of I35 for a long time and for a long time there was only a dirt r~ad there as the area was not developed enough to justify paving in the area. She did not have curb and gutter along her r~ad and no real .drainage along that road. Her area was a transition from a rural area to a developed are~. Freda Wetzel stated that he~ concerns dealt with how lona it would b~ ~efo~e water and sewer lines were extended to withi-'~nna ~-A~ ncr nom.. th.r. was a .1986 ann,x tio of there any study done to ascertain the feaslbillt~ to develop the land before annexation was granted or was it a voluntary annexation. Had anyone determined what percentage of the land was below the flood plain and what percentage of land which could not be sold would developers normally accept in' their feasibility studies. Had the utility engineers devised a method of containing Hickory Creek so that it would not'destroy Denton s Sewer lines as it had in the recent past. Was there anything in the works which would accelerate the development time table sooner than the y~ar 2015 ~s projected in the Denton Airport Master Plan. The Service Plan indicated that the area would receive the same level of service as available to comparable areas within the City.. She asked what services were now provided to those comparable a~eas and where were those areas. Howard Harper stated that he had most of the same concerns as had already been expressed. He bought his property in 1981 and in 1988 he wanted to build a home on the site. When they went to apply for building permit, a they were informed that.they would hav~ to c~nstruct a sidewalk as the property was in the City limits. Research indicated that that was correct and when he asked for a variance, he was denied. The west end of the sidewalk would not connect until it reached~ecatur and the east side would connect at McKinney. He felt that it would not be feasible to build on that side and chose another location. City codes affected individuals even in the country. He was still waiting for a full compliment of City services even when paying City taxes. Carolyn Harper stated that her questions were on cost considerations. How would this annexation affect the City's budget City of Denton City Council Minutes October 4, 1994 Page 13 and how much in taxes would the City receive as opposed to the cost of services provided. Would the income offset the cost of the annexation and if not, why was the annexation feasible. Mayor Castleberry indicated that he had two speake= cards from individuals who did not wish to address the Council. Mark and Linda Cole indicated that they would pay City taxes if they would be entitled to the same benefits as other tax payers. Jimmy Lou Nobles felt that the proposed annexation would be an extreme hardship on their cattle business. The Mayor closed the public hearing. Mayor Castleberry stated that there was a set procedure for annexations and this was strictly a public hearing on the proposal. B. The Council held a public hearing with regard to the proposed annexation and zoning of a 68 acre tract located north of Ryan Road and east of Forrestridge Drive. (A-67) Harry Persuad, Senior Planner, stated that this was another proposal to annex a 68 acre tract north of Ryan road. This was the second of two public hearings as required by State law. Staff met with the residents of the neighborhood last evening. There were still some questions from that meeting that staff was researching such as a situation of a swim~ing pool and the possibility of retrofiring it with fences and gates. The Mayor opened the public hearing. No one spoke in favor. Stanley Ratliff stated that he had recently attended a neighborhood meeting with City staff and that staff was very well prepared. Police service was currently provided by the Denton County Sheriff's Department and after annexation, would be provided by the City of Denton. Currently they received fire protection from the Argyle volunteer department and after annexation only service providers would change. The Service Plan indicated that water and wastewater services would be extended to the area in accordance with the City's Master Plan. Currently City water was'available to them providing they extended the line from the existing termination point at Forrestridge and Ryan Road which was approximately 1200 feet from his-property. The cost of such an extension was estimated at $35,000. He was already receiving and paying for solid waste collection. Presently Ryan Road was maintained by the County and annexation would not affect that situation. Leisure Lane would remain a.private road. He had been told that the City City of Denton City Council Minutes October 4, 1994 Page 14 would enforce all applicable codes and regulations as of the effective date of annexation. This meant, that among other things, the stray cats they fed would be unlicensed and unregistered pets. Staff was investigating the requirement of whether he would need a fence around his pool. His pool was 150 feet from ~earest house which was his own home. In a cost benefits analysis, there would be a cost for this annexation but no benefit for the residents in the proposed annexation. The area would not be subdividing and residents would receive no benefit from the annexation. David Carlson stated that he was concerned about the lifestyle change which would result from annexation. When he did not live in the City, he did not expect to have certain services such as City water, sewer, lights and sidewalks. He had no plans to develop his property any further. When he asked why the area was being annexed, he was told it was to square up the City boundaries. What benefit did the City receive for a square boundary. He was concerned because the Council was elected by citizens and the job of the Council was to represent the citizens of Denton. He felt there was a large benefit for the City and did not know of a voice on the Council for him. The annexation had the potential of financially harming the families in the area. Tammie Carlson stated that this annexation would have a large impact on her. If the City needed money, she would donate the equivalent money in order to not be annexed. There were many trees and a private pond in this area with few paved roads. It was a rural community which was what it was meant to be. The residents would receive no benefits but the City would receive property taxes. She invited the Council to come out and talk with the residents and walk the property. She asked the Council to help keep this a rural community as it was intended to be. Ray L. Baker stated that the 68 acres of proposed annexation was unique to Denton. He moved there due to the park-like country life style environment. There were eleven families in the area and most property was in 4-7 acre parcels. The property ,was already developed except for one area. There was no intention to develop the property further and this created problems for individuals due to the inability to get services in the area. His greatest concern was the lifestyle change which would occur with the annexation. Certain ordinances of the City would require them to change many of their properties. There were many unique and unusual circumstances in the area which could not be addressed. He wanted to protect the lifestyle and environment they had maintained for the past 20-40 years. He requested that the Council look at each individual case. city of Denton City Council Minutes October 4, 1994 Page 15 Robert Heilig stated that he selected the area due to the lifestyle and now found that it could be changed. His biggest problem was the use of his well agreement. If annexed, his well agreement stated that he would no longer be supplied water from the well as it would be available from the City. He would have to'bring water an additional 1200 feet from a neighboring development to get his water at a cost of $35,000. His current septic system would have to hook up to City sewer at a total cost of $32,000. The Service Plan had to provide a program under which the municipality would provide full municipal services in the annexed area within 4 1/2 years of the date of annexation and the Service Plan he had did not show that. The area already received fire and police protection and the residents were in opposition to the annexation. Frederick Opaskey stated that he had a business which he ran out of his home and if annexed into the City, there would be many restrictions placed on the future development of his business. There were two homes on E1 Paseo which would benefit by being annexed as they wanted to subdivide that property. His real estate attorney indicated that this proposed annexation was probably due to the desire of one of those areas to subdivide. Those two homes probably should Nave been in the City limits several years ago. He suggested annexing those locations and leave the rest of the area alone. That would be a good compromise between the residents and the City and asked if it would be possible. Mayor Castleberry stated that that was not part of this annexation. Opaskey stated that he did not understand that response. Mayor Castleberry indicated that there was a set procedure which had to be followed according to State law. The City was not allowed to swap one area for another. · Opaskey stated that it was all or nothing for this annexation. Mayor Castleberry s~ated yes under this current annexation proposal. Opaskey asked if it could be changed. Mayor Castleberry replied yes. City Manager Harrell stated that if the Council desired to modify the plan, they would have to start the annexation process from the beginning. The procedure would be to deny this annexation requesu and then start the procedure again with different boundaries. City of Denton City Council Minutes October 4, 1994 Page 16 Opaskey asked the Council to vote no on this annexation and start again. A new process would benefit two individuals but would not benefit those in the proposed annexation. Council Member Cott asked how picking someone else and sacrificing them would benefit anyone. Opaskey stated that the real estate attorney he had talked to stated that this action was obviously brought about by someone wanting to subdivide. One particular party did not live in the City of Denton and he wanted to sell the property. Council Member Cott ~dicated that he did not understand. Opaskey stated that there were two houses on E1 Paseo. The owners of those two houses would benefit from annexation while the rest of the area would not benefit. Council Member Cott stated' that as he saw it, that was how it happened in E~rope in the 1930's and '40's. Opaskey asked Council Member Cott what he meant by, that remark. Mayor Pro Tem Brock stated that no property owner initiated this annexation. This was from the Council and the staff in anticipating future development. There might people in this area who would benefit but benefit depended on each person's private plan. The proposal was not initiated by a property owner. Opaskey asked the Mayor to have Council Member Cott ex~lain his remark about what happened in Europe as'he did not like that type of remark. ..~Council Member Cott replied that like it or not, he had made the remark. Mayor Castleberry asked Opaskey to continue with his presentation. 0paskey stated that he wanted the Council to see the residents point of view and was not belligerent to the Council. Cathy Opaskey stated that the residents were trying to make a point that it was not only taxes or services that they may or may not get but that they were.not a part of Montecito del Sur and were not a part of Forrestridge. Their homes were not that size-and they bought their property to be in the country. The area had a totally different lifestyle and annexation would change their lifestyle. City of Denton City Council Minutes October 4, 1994 Page 17 Melba Gene Ryan stated that she had lived in the area for 29 years and asked not be annexed. Currently the property was zoned agricultural. They had a ranch across the road and five acres were used for large bales of hay.. Those five acres were cut off from the rest of their property when they gave a right-of-way for Ryan Road. Ron Crownover stated that he had a concern as he had moved to the country and the City had grown out to them. In the middle of the property was a lake which had a flowage problem since improvements were made to the Montecito Lake. There were three families in a different setting than the eight families across the lake in a small subdivision. Those families had some City services. There were two businesses in the area which might be affected by this decision. He was a large animal veterinarian and it was important for him to be able to bring in animals during the course of his work. He was concerned about the ordinance which regulated the number of animals per square feet, the number of animals, etc. Part of the 68 acre tract was affected severally and part was not affected at all. If the property was annexed, the residents would need to know the restrictions on the businesses in the area including his business. Mayor Castleberry indicated that he had speaker cards from individuals who did not wish to address the Council from Karen Baker, Rosemary Ratliff, Janet and Larry Douglas, and James Yost. Wayne Ryan stated that he was in opposition to the rules and regulations which this annexation might pose to his property. If annexed, he might have to cease hi's ranching operations. He asked for Council's vote and support to delete this annexation. The Mayor closed the public hearing. C. The Council held a public hearing and considered adoption of an ordinance rezoning a 15.67 acre tract located on the northwest corner of FM 2181 and Hickory Creek Road from Planned Development District (PD114) to Agricultural District (A). (The Planning and Zoning Commission recommended approval 7-0). Frank Robbins, Executive Director for Planning and Development, stated that this was a. rezoning from a planned development district. The planned development was for a televangelism facility which would not occur. The land owner was reque~ting to revezt the zoning to agricultural development. This was the third zoning on this tract. The Mayor opened the public hearing. City of Denton City Council Minutes October 4, 1994 Page 18 Karen Mitchell stated that she was representing the ministries and would answer any questions. No one spoke in opposition. The Mayor closed the public hearing. Mayor Pro Tem B~ock asked if the ministries were still owners of the property but no longer planned to develop the property. 'Robbins stated that he assumed that that was the case. There was a planned development detailed plan approved to build a facility. The f~llowing ordinance was considered: NO. 94-184 ~N ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT DISTRICT 114 (PD-114) TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 15.67 ACRE TRACT LOCATED ON THE NORTHWEST CORNER OF F.M. 2181 AND HICKORY CREEK ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Cott seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption Qf an ordinance rezoning a 0.3825 acre tract located on the east side of WOodrow Lane approximately 510 feet south of McKinne¥ Street from Multi-family Dwelling Distri6t '(MF-1) to Office Conditioned District [O(c)[. (The Planning and Zoning Commission recommended approval 7-0) Z-94-022 Frank Robbins, Executive Director for Planning and Development, stated that this was conditioned zoning for this property. There was a 5,100 square foot limitation on the district related to the existing intensity. There would be no increase in intensity trips with the zoning. There was a two story height limit and additional landscaping set backs for the property. This was the first minor plat which staff could approve and had been reviewed by the Development Review Committee. With the approved change, the ~=andardm for fire hydrant spacing were changed. The Mayor opened the public hearing. City of Denton City Council Minutes October 4, 1994 Page 19 Tom Whitlock, office on the placed on the proposal. '-'He felt that the area needed developed and he would place an office on the property. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 94-185 property owner, stated that he wanted to build an property. He had accepted all of the conditions to be AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY DWELLING DISTRICT (MF-1) TO OFFICE WITH CONDITIONS [0(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.3825 ACRE TRACT OF LAND LOCATED ON WOODROW LANE APPROXIMATELY 510. FEET SOUTH OF EAST MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Perr~ seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry"aye", and Mayor Castleberry "aye". Motion carried ~nanimously. 7. The Council considered a variance to Section 34-114(17) of the Subdivision and Land Development Regulations for Lot 1, Block A, of the Fred Hill Addition. The 1.781 acre site was located on the south side of Hickory Street at Bradshaw Street. (The Planning and Zoning Commission recommended denial 5-0). Frank Robbins, Executive Director for Planning and Development, stated that this varianc.9 was associated with platting. The Planning and Zoning Commission recommended denial with separate recommendations. The plat was approved in 1984 but for unknown reasons, it was not recorded. When the plat was approved, sidewalks would not have been required on the south side of }iickory. At one time, staff considered applying'the rules applicable in 1984~but found that this was legally inappropriate. The Planning and Zoning Commission did not believe that the variance request met the standards .associated with the area of uniqueness. There was no ~nlque sitUation associated with the topography or the way the sidewalks normally would be built or a condition uncommon...to this area as to other locations. council MemDer Smith asked =hat ~he'£ac= ~hat it was not known what happened to the original plat not be an unusual circumstance which would have some bearing on the case. She also asked why the 1984 City of Denton City Council Minutes October 4, 1994 Page 20 rules would not apply. Robbins stated that a variance standard feature. applied to a physical Council Member Smith stated that there was nothing which applied to situational circumstances. Robbins stated that staff attempted to take that into account and ~uuzz recommenaa=}on =o no= require sidewalks. It was found that that was legally inappropriate without a variance procedure. variance language did not deal with a situational issu. but ra~ ~ddressed the physical characteristics as related to the required Improvement. Council Member Smith asked why the 1984 rules would not apply. Robbins stated that at one point, staff was working not on a variance but rather a finding that it would be grandfathered, That was not legally appropriate. The variance procedure had to be used and Council could use its best judgement on what was a unique situation. Fred Hill stated that this situation came about as a result of his not checking on the details. · In 1983 he received approval of the plat and planned to build shop on the site. In the process of not building that shop, he did not follow up on the platting. He had paid. all the necessary' fees an9 had gone before the Zonin and eit_ hat -v. rythlng had b..n compi.t.d. Upo n~lng several mort=ns ago, he found that the process had not been completed. Currently he could not get the same value for the property as what he paid for it. To de¥~lop sidewalks would further depreciate the value and investment an the property. He requested that Council give the request favorable consideration. Greg Edwards stated that he represented Mr. Hill in 1984. The Development Review Committee had been very helpful in trying resolve this si~ua~ion. His research on =his issue indicated that someone in the City did not file the plat. At that time, the Planning and Zoning Commission would not review the plan until all copie~ had been signed. Mr. Hill had done everything the City had asked but he did not check to make sure the City did all they were to do. Council Member Perry stated that no one had a copy of the plat or a record of the plat. City of Denton City Council Minutes October 4, 1994 Page 21 Edwards stated that that was correct. In 1984 the company was known as Fields, Edwards and Associates. Mr. Fields sold the business to Metroplex Engineering. The company grew larger and had a large number of employees in the mid-1980's. As the economy went down and the number of employees, reduced, records were taken to separate areas and many were stored in a miniware house, damaged or thrown out. There were no records on this particular file. Cott motioned, Smith seconded to permit the variance. City Attorney Drayovitch stated that the uniqueness of the variance did have reference to the actual condition of the property and this being the case, if Council desired to visit about this matter and receive s~me legal advise at a different time, she would be happy to meet with Council. Mayor Castleberry stated that that discussion would not be in open session. City Attorney Drayovitch replied correct. The rulesfor variances of subdivision ordinances required that the applicant, for a variance demonstrate the existence of five specific criteria in order to qualify for obtaining the variance. It was a unique situation that the plat was not filed. However, the subdivision ordinances when they rpferenced unique, referred to a feature of the property and not an act. Council Member C0tt asked for the proper language in order to grant the variance. City Attorney Drayovitch stated that if Council would like to defer the issue to the next meeting, staff Could research the situation further. Cott withdrew his motion and Smith withdrew her second. Cott motioned, Brock motioned to postpone the issue until the October 18th Council meeting, ox~ roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Edwards suggested that staff might consider extending the preliminary plat and approve the plat based on the 1984 preliminary plat. Generally to extend a plat it had to bu within two years, but that did not prohibit the City from extending a plat past that time. It was his understanding that the City Gould ex4:end e plat up to 10 years. This might be an alternate avenue to grant the sidewalk variance. City of Denton City Council Minutes October 4, 1994 Page 22 8. Consent Agenda Smith motioned, Perry seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. · A. Bids and Purchase Orders: 9. Ordinances P.O. #47824 - Rain fittings for Rent - Pumps, pipes and A. The ~ouncil considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.1. - P.O. #47824) The following ordinance was considered: NO. 94-186 AN ORDINANCE PROVIDING FOR 'THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES- OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. merry motioned, Smith seconded to adopt the~ordinance, on roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance approving guidelines for operation of the City of Denton Homeowner Rehabilitation Program and eligibility criteria and authorizing expenditures in excess of $15,000 for projects meeting' program guidelines and criteria. Nancy Baker, Housing Rehabilitation Specialist, stated that there was a State statute which required City expenditures for projects and purchases in excess of $15,000 to be authorized by the City council. Rehabilitation projects were approved by Council in the 1994 Final Statement. Guidelines for homeowner rehabilitation programs delineate eligibility criteria for both client selection and project expenditures. Approval of this ordinance would provide the Community Development Office with compliance with the State City of Denton City Council Minutes October 4, 1994 Page 23 statute. The following ordinance was considered: NO. 94-187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEOWNER REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FORAN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. . C. The Council considered adoption of an ordinance approving guidelines for operation of the City. of Denton Opt~ogal Reconstruction Program and eligibility criteria and authorizing expenditures in excess of $15,000 for projects meeting program guidelines and criteria. Nancy Baker, Housfng Rehabilitation Specialist, stated that this was approval for the optional reconstruction program which the City had just added to its services. There were now £unds available to demolish and reconstruct a structure. This would put the City in compliance with the State statute. The following ordinance was considered: NO. 94-188 AN ORDINANCE OF THE CITY CoUNCIL OF THE CfTY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUI~.~LINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance, on roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance approving new rate schedules for Texas Utilities Electrio Company; providing an effective date therefor; providing conditions under which such rate schedules may be changed, modified, amended, or withdrawn; 1 3'8 City of Denton City Council Minutes October 4, 1994 Page 24 finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and declaring an emergency. Bob Nelson, Executive Director for Utilities, stated that in June, Texas Utilities had filed for four rate increases. On July 5, Council suspended that rate increase pending the Pubic Utilities Commission's review. The Public Utilities Commission had not made a ruling at this time and the 90 day suspension was over. Staff was recommending that the Council approve the rates to the extent that the Public Utilities Co~mission approved such rates. This procedure was in keeping with all other Texas Utility rate increases. The following ordinance was considered: NO. 94-189 AN ORDINANCEAPPROVING NEW RATE SCHEDULES FOR TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE THEREFOR; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICHTHIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND DECLARING AN EMERGENCY. Brock motioned, Cott seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Smith "aye-, Perry"aye-, and Mayor Castleberry "aye". Motion carried unanimously. E. The COuncil considered adoption of an ordinance accepting the dedication from James D. Lynch and wife, Joyce Lynch of Lots 6, 7, 8, and 9, Block G, of Avondale Addition, Sect~ion Three in the City of Denton, Denton County, Texas for public park purposes subject to conditions regarding delinquent ad valorem taxes. (The Planning and Zoning Commission and the Parks and Recreation Board recommended approval.) Micki Oland, Park Planning Coordinator, stated that the Parks aha Recreation Board had recommend approval to allow the City to accept the dedicat'ion of 1.6 acres to be used for park purposes adjacent to Avondale Park. The property consisted of four lots in the 100 year flood plain. There was $7,000 outstanding taxes due on the property, $2,000 of.which were City taxes. The owners were willing to. dedicate the property to the City and take a Personal judgement for the County and DISD taxes. In accepting the dedication, the City would agree to not pursue its portion of the taxes. The dedication would provide the Parks Department additional access 139 city of Denton City Council Minutes October 4, 1994 Page 25 from Churchill and open space for the park. If approved, this would be the second dedication since the 1989 park dedication requirement. Council Member Perry stated that there was a flood way ~hrough that area. In order to get from one part to the other, the flood way would have to be crossed. He asked what the Parks Department was planning to do about that situation. Oland stated that a low water crossing would have to be installed to get across. Funding would not allow the City to span the 100 year flood plain. Mayor Castleberry asked the City Attorney if there was any possible recourse for the other taxes from the DISD and County. If the property was accepted, could the DISD and County sue the City for the taxes. city Attorney Drayovitch stated that that was a technical possibility. The following ordinance was considered: NO. 94-190 AN ORDINANCE ACCEPTING THE DEDICATION FROM JAMES D. LYNCH AND WIFE, JOYCE LYNCH OF LOTS 6, 7, 8, AND 9, BLOCK G, OF AVONDALE ADDITION, SECTION THREE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS FOR PUBLIC PARK PURPOSES SUBJECT TO CONDITIONS REGARDING DELINQUENT ADVALOREMTAXES; AND DECLARING AN EFFECTIVE DATE. Brock motioned, smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", ~mith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Resolutions A. The Council considered approval of a resolution re- adopting the Denton Development Plan. (The Planning and Zoning Commission recommended approval.) Harry Persuad, senior Planner, stated that this plan had last been approved'by Council on September 1988. Since then, staff, Planning and Zoning and Council bad been using the plan for daily use in zoning decisions. The plan provided for a three step update procedure and had been amended thirteen times over the years. There was an annual procedure to reconfirm that this was the master plan to be used for zoning decisions and land use. Approval of the 140 City of Denton City Council Minutes October 4, 1994 Page 26 proposed resolution would reconfirm that the plan was the policy for the City for the next year. It also pointed out that the Visions Project would be used for the major update. The following resolution was considered: NO. R94-059 A RESOLUTION RE-ADOPTING THE DENTON DEVELOPMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. The Council considered a nomination to the Human Services Committee. council Member Perry nominated Larry Nicholson to the Human Services Committee. 12. Vision Update Mayor Pro Tem Brock stated that the Cabinet met earlier in the day to make final plans for the Impact Group presentations which would begin this Thursday. These would be reports to the community and was also a chance to receive public input on the issues. The Cabinet would be holding a retreat on November 11-12 to review all issues. 13. Miscellaneous matters from the City Manager. A. The City had received a notice that north bound I35E would be closed between 7:00 a.m. - 1:00 p.m. for installing of bridge beams on Teasley Lane. 14. There was no official action taken on Closed Meeting Items discussed during the Work Session. 15. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Pro Tem Brock suggested scheduling a discussion on how the Council agendas were made. In looking over the Council's new rules of procedure, there was a need to do further clarifying. She was not clear on how an item was placed on an agenda and what was the role of the Agenda Committee. Did the Agenda Committee ' 141 City of Denton City Council Minutes October 4, 1994 Page 27 merely shuffle items around on the agenda or did it determine what would be on the agenda. If it had the second role, she would like the Council to consider rotating membership fairly frequently to make the process fairer to individual Council Members. B. Mayor Castleberry suggested that Council consider a resolution or a letter from Council thanking the Fire Department and the Chief for their efforts during the two days of fires. He also asked about the establishment of a reserve group of fire fighters. 16. The Council did not hold a Closed Meeting during the Regular Session. With no further business, the meeting was adjourned at 10:15 p.m. W TERS SF~ZRETARY OF DENTON, TEXAS CITY OF DENTON, T ACC00217