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