Loading...
Minutes April 16, 1996328 CITY OF DENTON CITY COUNCIL MINUTES April 16, 1996 The Council convened into a Closed Meeting on Tuesday, April 16, 1996 at 5:15 p.m. in the civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council convened into a Closed Meeting to discuss the following: ae Be Ce Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered and discussed defense of and the settlement of RPS Venture~, Inc., et al v. City of Denton and Webber and Barnes v. City of Denton pending in the 362nd District Court under Section 551.071 of the Open Meetings Act. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Discussed the acquisition of property for expansion of the city's landfill and wastewater treatment plant. Considered acceptance of a possible assignment on behalf of a 4B non-profit economic development corporation to be formed by the city from Bill Methenitis, Trustee relative to the vacant Texas Instruments facility. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into Regular Meeting on Tuesday, April 16, 1996 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the United States flag and the Texas flag. 2. The Council considered approval of the minutes of January 2, 9, 16, 23, and 30, 1996. Brock motioned, Biles seconded to approve the minutes as presented. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. city of Denton city Council Minutes April 16, 1996 Page 2 Mayor Castleberry presented the following proclamations: Week of the Young Child Angela Griffin - Denton Student Ambassador Betty Kimble Day 3. Citizen Report A. The Council received a citizen report from Dessie Goodson regarding SPAN issues and City streets. Ms. Goodson stated that several weeks ago the SPAN trolley was running early and she was left stranded in the rain, sleet and snow. On several other days, the same thing happened and the trolley was running early. The "new" bus was already in the shop and she questioned why a "new" bus was a 1994 bus. There were sidewalks near her home which were cracked and in disrepair. The streets in her area needed work and no one was doing anything about it. There was garbage on the sidewalks and she had to walk in the street to get around it. 4. citizen Request A. The Council considered a request for an exception to the noise ordinance for the wedding reception on Saturday, June 1, 1996 until 1:00 a.m. Veronica Rolen, Administrative Assistant, stated that this was a request for an exception to the noise ordinance for a wedding reception on Saturday, June 1, 1996 at the North Texas Fair Grounds. The Council could provide an exception to the noise ordinance when the public interest was served. Cott motioned, Biles'seconded to approve the request. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance granting a Specific Use Permit for 5.319 acres authorizing a retirement home. The property was located on the east side of Lillian Miller Parkway, approximately 500 feet north of Southridge Drive. (The Planning and zoning Commission recommended approval 6-0.) Frank Robbins, Director for Planning and Development, stated that the Planning and Zoning Commission had evaluated this specific use permit to determine if it was consistent with the policies of the Denton Development Plan. It found that all policies had been met 329 330 City of Denton city Council Minutes April 16, 1996 Page 3 except for the intensity policy. The allocation, according to the zoning, was at 80 trips per acre and the proposal was at 85 trips per acre. There would be a large area next to the shopping center where many trees would be saved. The Planning and Zoning Commission recommended approval. Council Member Young asked about the drainage runoff from the property. Robbins stated that the building would be built so that it would not get wet and the drainage would return to the system already built. It had been anticipated that there would be additional runoff from this site and the drainage system in place would be able to handle the runoff. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-093 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT (S-208) FOR A RETIREMENT HOME, LOCATED ON 5.319 ACRES OF PROPERTY ON THE EAST SIDE OF LILLIAN MILLER ROAD, APPROXIMATELY FIVE HUNDRED FEET (500') NORTH OF SOUTHRIDGE DRIVE, AND CURRENTLY ZONED UNDER THE TWO FAMILY (2F) AND SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Variances A. The Council considered a request to grant a variance to Section 34-124(e) [drainage design standards] of the Code of ordinances, for Milam Creek Ranch, Phase II, located in Denton's northern extraterritorial jurisdiction. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Director for Planning and Development, stated that this variance was similar to other variances the Council had approved for large lot residential subdivisions. The lots were City of Denton City Council Minutes April 16, 1996 Page 4 331 larger than two acres and the variance dealt with the requirement to build an underground drainage pipe system. The Planning and Zoning Commission granted a conditional?iapproval that instead of the pipe system, the cost of which was excessive, drainage easements in the area for a 100 year flooding would be provided. Young motioned, Cott seconded to approve the variance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered a request to grant variances to Sections 34-124 (e) [drainage design standards}, 34-125 (b) [street access], 34-114 (3) [road specifications] and 34-114 (17) [sidewalks] of the Code of Ordinances, for Hickory Crossing Addition, located in Denton's southern extraterritorial jurisdiction. (The Planning and Zoning Commission recommended approval of the four requests, 7-0.) Frank Robbins, Director for Planning and Development, stated that this was a large lot subdivision with all lots at least two acres or larger in the City's extraterritorial jurisdiction. Regulations required that streets had to be public unless in a planned development. As the proposal was outside the City limits, there was no zoning and thus no planned development. The variances were needed to be able to build a private street to the construction standards of the County as opposed to the City's standards. There would be a homeowner's association which would guarantee the maintenance of the private street. The last variance was for a drainage easement similar to the one discussed in the earlier variance request. Biles motioned, Young seconded to approve the variances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered a request to grant variances to Sections 34-125 (b) [street access] and 34-114 (3) [paving standards] of the Code of Ordinances, for the Stateson-Miller Addition. The site was located in Denton's northern extraterritorial jurisdiction. (The Planning and Zoning Commission recommended approval of the requests, 7-0.) Frank Robbins, Director for Planning and Development, stated that this was a replat in a subdivision. This was at one time a very large lot which fronted on a private street which did not meet the spe¢iflcatlons of the ordinance. The cost would be very excessive to build to City specifications. 3 3,2 City of Denton city Council Minutes April 16, 1996 Page 5 Young motioned, Biles seconded to approve the variances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Cast!eberry "aye". Motion carried unanimously. D. The Council considered a request to grant variances to Sections 34-114 (5) [perimeter streets] and 34-114 (17) [sidewalks] of the Code of ordinances, for the BFE Systems Addition, located along Blagg Road in the extraterritorial jurisdiction. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Director for Planning and Development, stated that these were variances to build perimeter streets to City standards and the sidewalks along that subdivision. The cost to do that would be very high per lot as compared to an average cost. The Planning and Zoning Commission recommended approval. Cott motioned, Brock seconded to approve the variances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Consent Agenda Brock motioned, Young seconded to approve the Consent Agenda. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 2. 3. 4. Bid ~1882 - 16' Diesel Riding Mower Bid #1868 - Heavy Equipment Mechanical Services P.O. #60838 - Siemens Power Corporation RFSP #1810 - Occupational Health Nurse Services Be Tax Refunds 1. Considered approval of a tax refund to Donald J. & Linda Jo Carter for $611.01. 8. Con~ent Agenda ordinances Biles motioned, Young seconded to adopt Consent Agenda ordinances 8A - 8C. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. City of Denton City Council Minutes April 16, 1996 Page 6 333 A. NO. 96-094 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.1. - Bid #1882, 7.A.2. - Bid #1868) B. NO. 96-095 AN ORDINANCE AMENDING ORDINANCE NO. 95-217 RELATING TO THE APPROVAL OF AN EMERGENCY PURCHASE ORDER NO. 60838 TO SIEMENS POWER CORPORATION TO PROVIDE REPAIRS TO TURBINE UNIT #5 TO PROVIDE FOR ADDITIONAL EMERGENCY REPAIRS FOR TURBINE UNIT #5; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.3. - P.O. #60838) C. NO. 96-096 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND DENTON COMMUNITY HOSPITAL; PROVIDING FOR ANINCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. (7.A.4. - RFSP #1810) 9. ordinances A. The Council conSidered adoption of an ordinance prescribing the number of positions in each classification of police officer; and repealing all prior inconsistent ordinances and resolutions to the extent of any such conflict. Gary Matheson, Deputy Chief of Police, stated that this ordinance prescribed the number of police officers in the Police Department. This would allow the appointment of an officer to police sergeant. The following ordinance was considered: NO. 96-097 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; REPEALING ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS TO THE EXTENT OF ANY SUCH CONFLICT; AND DECLARING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "ay~"~ Biles "ay~"~ and Mayor Castleberry "aye". Motion carried unanimously. 334 City of Denton City Council Minutes April 16, 1996 Page 7 B. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the city of Denton and the Texas Department of Transportation for the furnishing and installing of traffic signals by a municipality. Acting City Manager Svehla stated that this was an agreement for congestion mitigation quality money for the intersection of Bernard and Eagle. The grant was for $45,000 which would include equipment and labor. The following ordinance was considered: NO. 96-098 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE ANAGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING AND INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the renaming of Underwood Road to Westcourt Road. (The Planning and Zoning Commission and the Historic Landmark Commission recommended approval.) Frank Robbins, Director for Planning and Development, stated that there were two Underwood Roads in the City limits. This street would be named for Dr. Westcourt who was a professor at TWU for many years. Council Member Young asked how many businesses and homes would be effected. Robbins stated that there were some houses on the east side of the street but were not addressed on Underwood. No one would have an address change. Businesses goln~ in would be effected but at present there were no businesses there. The following ordinance was considered: NO. 96-099 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF UNDERWOOD ROAD TO WESTCOURT ROAD; AND PROVIDING AN EFFECTIVE DATE. City of Denton city Council Minutes April 16, 1996 Page 8 335 Young motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance partially vacating certain public utility and drainage easements recorded in the real property records of Denton County, Texas at Volume 1686, Pages 0852 and 0858. Frank Robbins, Director for Planning and Development, stated that this was an ongoing easement abandonment for a subdivision which was being built in phases. The existing sewer easements were being abandoned and were being replaced as the development occurred with sewer lines in the streets. The following ordinance was considered: NO. 96-100 AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1686, PAGES 0852 AND 0858; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving authorizing the city Manager to execute an agreement between the City of Denton and ADS Environmental Services, Inc. for professional services associated with the Pecan Creek Sewer Basin. Howard Martin, Director of Environmental Services, stated that this contract was for professional and engineering services for smoke testing on sewer lines. The test determined defects in the wastewater collection system. The Cooper Creek Basin had been completed and the contract would allow for the testing of the Pecan Creek Sewer Basin. The following ordinance was considered: NO. 96-101 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ADS ENVIRONMENTAL SERVICES, INC. FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE PECAN CREEK SEWER BASIN; AND PROVIDING AN EFFECTIVE DATE. 336 City of Denton City Council Minutes April 16, 1996 Page 9 Biles motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the Mayor to approve a water main cost participation agreement between the City of Denton and Douglas and Associates, LLC. Howard Martin, Director of Environmental Services, stated that this proposal was for an oversizing participation agreement with Douglas and Associates for the Lowes Addition. The development required approximately 1300 feet of 8" water line to service the facility. Staff was recommending 16" oversizing for 300 feet and 12" oversizing for 1000 feet. The Public Utilities Board recommended approval at an amount of $19,033. Since that meeting, the developer had contacted the City and requested an additional participation of $4,800 for two 16" valves. The following ordinance was considered: NO. 96-102 AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE THE WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DOUGLAS AND ASSOCIATES, LLC; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FORAN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Resolutions A. The Council considered a resolution approving an amendment to the bylaws of the National League of cities providing for the filling of certain vacancies in office. Aoting City Manager Svehla stated that the City had been contacted by the National League of Cities asking for support to changes in the bylaws relating to the filling of certain vacancies in office. The following resolution was considered: City of Denton City Council Minutes April 16, 1996 Page 10 337 NO. R96-020 A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF DENTON, TEXAS APPROVING ANAMENDMENT TO THE BYLAWS OF THE NATIONAL LEAGUE OF CITIES PROVIDING FOR THE FILLING OF CERTAIN VACANCIES IN OFFICE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Brock seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of a resolution appointing Teodoro Benavides as City Manager for the city of Denton, and authorizing the Mayor to execute an agreement for his terms of employment. The following resolution was considered: NO. R96-021 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING TEODORO BENAVIDES AS CITY MANAGER FOR THE CITY OF DENTON; AUTHORIZING THE MAYOR TO EXECUTE ANAGREEMENT FOR HIS TERMS OF EMPLOYMENT; AND DECLARING AN EFFECTIVE DATE. Krueger motioned, Brock seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. il. The Council considered nominations/appointments to the City's Boards and Commissions. There was no nomination at this time by Council Member Brock for the Keep Denton Beautiful Board. 12. Vision Update There was no update at this time. 13. Miscellaneous matters from the city Manager. Acting City Manager Svehla reminded the Council of the ground breaking of South Lakes Park on Tuesday at 4:00 p.m. 14. There was no official action taken on Closed Meeting Items discussed earlier. 338 City of Denton city Council Minutes April 16, 1996 Page 11 15. New Business The following items of New Business were suggested by Council Members for future agendas: ~ A. Council Member Young asked if renovation of the Phoenix Apartments. apartments due to maintenance conditions. it was time for the. There were many empty B. Council Member Cott suggested that a committee be formed to study the matter of motor homes on streets and in driveways, boats on streets and driveways and other inappropriate vehicles in streets and driveways. c. Council Member Miller stated that he had received a fax relative to the Summer Youth Program. The Department of Labor agreed to fund the Program this summer at a 75% of level fro~ last year. The agreement for the JTPA program would probably have to be amended. D. Council Member Brock reminded the Council that next Saturday was the annual City clean-up and adopt-a-spots were to be cleaned. She suggested Council meet at 9:00 a.m. on Saturday to clean up the Council's spot. 16. The Council did not meet in a Closed Meeting during the regular session. With no further business, the meeting was adjourned at 7:55 p.m. ACC00301 O