Minutes January 21, 1997CITY OF DENTON CITY COUNCIL MINUTES
January 21, 1997
The Council convened into a Closed Meeting on Tuesday, January 21,
1997 at 5:45 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council
Bea$1ey, Biles, Cott, Durrance and Young.
ABSENT: None
1.
Members
The Council considered the following in a Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Discussed claim of Jonathan T. Hodges and proposed
settlement.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
1. Considered purchase of land near the City of Denton
Wastewater Treatment Plant.
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into a Regular Meeting on Tuesday, January 21,
1997 at 7:00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered an ordinance canvassing the sales and
use tax election held in the city of Denton on January 18, 1997.
The following ordinance was considered:
NO. 97-013
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS
OF A SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON
JANUARY 18, 1997 TO DETERMINE WHETHER THE VOTERS WOULD APPROVE
ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND
USE TAX WITHIN THE CITY TO BE USED FOR THE PROMOTION AND
DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES; AND
PROVIDING AN EFFECTIVE DATE.
Brock motioned, Biles seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "nay", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried with a 5-1 vote.
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Page 2
3. The Council considered an ordinance canvassing the special
election held in the city of Denton on January 18, 1997 to fill the
vacant City Council District 2 seat.
The following ordinance was considered:
NO. 97-014
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS
OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF DENTON
ON JANUARY 18, 1997 TO FILL A VACANCY ON PLACE 2 OF THE CITY
COUNCIL; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Beasley seconded to adopt the ordinance with an
amendment to the total number of ballots cast to read 2,447 to
reflect only those ballots cast in District 2. On roll vote,
Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles "aye"
and Mayor Miller "aye". Motion carried unanimously.
4. Oath of office administered to newly elected Council Member.
Jennifer Walters, City Secretary, administered the oath of office
to Neil Durrance - District 2.
5. Council considered approval of the minutes of November 5,
November 12 and November 19, 1996.
Biles motioned, Beasley seconded to approve the minutes as
presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye",
Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
6. Presentation of "Planning Advocate Award for 1996" to Mayor
Pro Tem Brock by the American Planning Association - Midwest
Section, Texas Chapter.
Mayor Miller presented the award to Mayor Pro Tem Brock.
7. Presentation of the 1996 "Certificate of Achievement for
Planning Excellence".
Mayor Miller presented the Certificate of Achievement to Rick
Svehla, Deputy City Manger, accepting the award on behalf of the
Planning Department.
8. Presentation by Texas Engineering Extension Service to the
Electric Utility on achievement of the Municipal Electric Safety
Accreditation.
Sharon Mays, Director of Electric Utilities, stated that Denton was
one of first three municipal utilities in Texas to earn this award.
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January 21, 1997
Page 3
305
Aside from keeping city employees safer, a 78% reduction in
reportable accidents with a large savings to workers compensation
was realized. Team work and morale improved with better service to
the citizens of Denton.
Jessie Watson, Texas Engineering Extension Service, presented the
award to the City employees.
SA. The Council considered a Resolution of Appreciation for James
Dotson.
The following resolution was considered:
"RESOLUTION OF APPRECIATION FOR JAMES DOTSON"
Biles motioned, Brock seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
Mayor Miller presented the following proclamations:
UNT Eagles Day
Ms. Mature Denton
CITIZEN REPORT
9. Citizen Report from Dessie Goodson regarding SPAN and the City
of Denton.
Ms. Goodson stated that she had requested certain records from the
City. The area she had to work in was too cold for her. She
found discrepancies in the records she was given. One in
particular was a letter written July 24, 1996 record by Erika
Lissberger. What was in her letter was not what was in the tape
recording she made of the conversation. The City had received
funding for shelters and benches and she wanted to know why none
had been built. It was not right that the benches and shelters
were not built. The City had twice spent $2,500 on map routes
which no one could understand. The citizens spoke on January 18th
that they did not need any further sales tax. She was going to
proceed in Federal Court with the two cases she had filed against
SPAN and Denton public transportation and the Denton Police
Department. The next case she would file would be against the
Denton Utilities as she had been disconnected with no explanation
and then her home was listed as vacant. The City had not received
a written request from her to disconnect her utilities.
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PUBLIC HEARING
10. The Council held a public hearing and considered an ordinance
to rezone .4892 acres from the General Retail (GR) zoning district
to the Planned Development (PD) zoning district and approval of the
development plan. This tract was located on the south side of
McKinney Street, approximately 450 feet west of Woodrow Lane. (A-
96-020) (The Planning and Zoning Commission recommended approval 6-
1).
Council Member Durrance stated that he would abstain from this item
due to a potential conflict of interest.
Rick Svehla, Deputy city Manager, stated that this was a request to
change the zoning from general retail to planned development. The
lot in question did not have access to a public street and by city
regulations, each lot had to have access to a public street. If it
did not have access, a planned development must be done. The
petitioner was working with the County Commissioners for access to
the main driveway into the County Jail complex. The real issue was
not whether to build the offices but rather the access.
Council Member Beasley stated that it was not clear whether there
was a condition that the zoning would only be passed if access was
approved by the County.
Svehla replied that originally staff had suggested that but that
was before a review of the access to the east. There was some
question as to whether the access to the east met the City's
standards for a private street. It was determined that it did but
there was still the requirement to zone a planned development.
There were no conditions imposed by the Planning and Zoning
Commission.
Mayor Pro Tem Brock asked if the easement would be a private
agreement and would it be possible to grant the zoning and then
there would not be a street access which met city standards.
Svehla stated that the easement to the east met that standard. The
driveways into the County also met those standards. In either
case, there would be no problem.
Mayor Pro Tem Brock asked if there would be the possibility that
the County or a private property owner might, at some time,
withdraw that easement and the use of that easement.
Svehla stated that he had not seen the final wording from the
County. The easement to the east would not apply in that case as
it was granted to all of the landowners.
The Mayor opened the public hearing.
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307
Jack Bell stated that he would answer any Council questions. The
easement in place could not be removed by the landowners. He had
received approval from Commissioners Court for access to the road.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 97-015
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVELOPMENT
(PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY
APPROVING A DEVELOPMENT PLAN FOR A .4892 ACRE TRACT LOCATED ON
THE SOUTH SIDE OF MCKINNEY STREET, FOUR HUNDRED FIFTY (450)
FEET WEST OF WOODROW LANE; APPROVING A DEVELOPMENT PLAN FOR
THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Cott seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously.
llA. The Council held a public hearing on rezoning 136 acres from
the Single Family 16 (SF-16) zoning district to the following
zoning districts: Office Conditioned (O[c]), Single Family 10
conditioned (SF-10[c]), Single Family 7 Conditioned (SF-7[c]),
Planned Development (PD) and approving a detailed plan for the
Planned Development. The subject property was located on the east
side of the Teasley/Lillian Miller intersection.
Mayor Miller stated that Council postponed this item after the last
public hearing was closed. It was decided to place this item on
the agenda again with a public hearing for citizen comment. The
next item on the agenda was the companion ordinance with this item.
Council Member Cott indicated that he would be abstaining from this
item due to a potential conflict of interest.
Rick Svehla, Deputy City Manager, stated that a public hearing was
held on January 7th and that public hearing was closed during the
meeting. The developer met with the neighborhood on January 15th
and since that meeting Dr. Hersman had visited with staff and
proposed a change in the request. The changes included changing
the planned development from 5,000 square foot lots to 6,000 square
foot lots; changing the office from 4.4 acres to .7 acres; changing
the other 3.7 acres of office to SF-10 and changing the SF-7 to SF-
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10 around the two western cul-de-sacs. Those proposed changes made
two changes in the analysis. Part of the Development Plan
indicated that neighborhood service concentration could not be more
that 3 acres. Originally the 4.4 acres of office was in violation
of the Development Plan. The .7 acres was well below that standard
and conformed to the Plan. The intensity trips changed from
complying with the plan to being slightly lower and still conformed
with the Development Plan. Staff had heard that there might be
more opposition to this case. Currently a super majority was not
required for passage. Four affirmative votes by Council were
needed for passage.
The Mayor opened the public hearing.
Jake Hersman stated that the neighborhood meeting opened with
representatives from the various homeowner's groups listing the
items most important to the neighborhoods. The first item on the
list was to reduce or do away with the office zoning. The second
was the SF-10 and SF-16 zoning along Lillian Miller. There was a
request for an average lot size of 10,000 square feet and several
individuals were against the planned development. He made
significant changes in the original proposal due to the dialog at
those meetings. He lowered the conditioned office to .7 acres from
4.2 acres. The reason one section was kept office was to allow a
cul-de-sac to be built in that area. He also offered to change the
planned development from 4,000 to 6,000 square feet. Another item
discussed was the minimum square footage allowed for the homes.
There was a lot of discussion regarding a road going north to the
Hunters Ridge subdivision. With the removal of the conditioned
office, the area could be a cul-de-sac so no traffic would be in
that area. It was proposed to create a bend in the lake in order
for it to be seen from Lillian Miller. That would avoid the stark
screening in that area. There would be breaks in the fence with
cul-de-sacs close to Lillian Miller. This proposal would also
allow for the park system originally proposed.
Council Member Young asked how big the lake would be and what
changes were made to the lake.
Hersman stated that the lake system was similar to the original
proposal. The northern extension of the lake would be changed to
bend toward Lillian Miller.
Council Member Young asked about the masonry edge and walkway
around the lake.
Hersman stated that for ease of maintenance along the lake, there
would be a hard edge along the entire lake system. There would be
a sidewalk adjacent to that edge.
City of Denton City Coun6~ MihU~e~'
January 21, 1997
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309
Council Member Young asked about the water from Lillian Miller to
the feeder lake.
Hersman stated that there would be a discharge under Lillian Miller
which would feed the lake system. It was proposed to drill wells
to keep the lake at a constant level. The water source in the
northern extension would provide a constant level of water.
Council Member Young asked if the City Engineers agreed with the
proposal for a pipe system to help control flooding in the area.
Hersman replied correct that they had met with Jerry Clark and
David Salmon regarding this system. They would also have to submit
a FEMA study regarding the proposed lake system.
Council Member Young asked about the n,,mher of acres in the park
with trees and how would it be maintained.
Hersman stated that it would be a 16 acre park maintained by a
homeowners association until the City was ready to take it into
their system. Funding would be escrowed or delivered to the City
for park maintenance.
Council Member Young asked about the roads and sidewalks.
Hersman stated that the road was a 41' collector street with
sidewalks on both sides of the road with landscaping. The road was
approximately 3500' long which would hopefully provide traffic
relief for future development.
Alan Wasserman stated that he represented the Hunters Ridge
Homeowners Association. He realized that there was give and take
in the proposal and was in support of a new project. There were
two conditions from the last zoning proposal he did not want to be
forgotten as they were very crucial. They would not be in support
of the proposal if those conditions were removed. One condition
was that there would be no windows on the second floor of the
commercial property. The second condition was that all conditions
which were proposed at the last zoning request should remain with
this zoning request. In addition, there was the condition Dr.
Hersman suggested of not having a collector street on Lillian
Miller, allowing the SF-10 facing their subdivision and allowing
the planned development to equal Ellison Park.
Brennan Gourdie stated that he represented the Homeowners
Association for Indian Ridge, Southridge and Beazer Developments.
They had two concerns regarding the new proposal. One was the
commercial expansion in a residential area and second was the
density of homes on the property. The result of this proposal
would be a negative impact on traffic, noise and schools. A group
of the homeowners met with Dr. Hersman last week and listed their
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January 21, 1997
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concerns regarding the proposal. A vast majority of them requested
a mixture of SF-16, SF-10 and SF-7 with no commercial buildings and
a lower density on the property. Dr. Hersman presented an updated
proposal which did little to address their concerns about the
property. Twenty five of the homeowners developed a unanimous set
of conditions which if added to the proposal would gain their
support. The first was to widen the collector street to match
Teasley in size and capacity. In order to minimize the impact on
schools and traffic, the number of homes should be reduced to under
400. Their starting point for this development would be SF-16 and
not less. The group was opposed to the planned development with
5,000 square foot lots. A minimum lot size needed to be 7,000
square feet with a minimum home size of 1600 square feet. They
were opposed to any commercial office buildings on Lillian Miller.
There should be only one entrance or exit to the development to
minimize traffic and congestion. The park was not an issue. If it
were a real park why was there no parking for others to have access
to it. The park was proposed with nothing concrete. Dr. Hersman
indicated to them that he felt he had made enough concessions but
the neighbors felt he had not made enough. They had the signatures
of 125 nearby residents who agreed with these points in addition to
the original 25 who worked on the proposal. They asked Council to
deny the proposal or to have the developer meet the conditions
asked for.
Tim Peters stated that he had a concern from a global perspective.
He agreed with the points previously mentioned. The development as
proposed was not designed to fit in with the current nature of the
subdivisions in this area. Part of planning was to provide
consistency for growth. The proposed road was 41' wide while
Teasley Lane was 71' wide as a four lane undivided road. Wind
River was proposed to extend through the next development with a
connection to 1-35. That much traffic could not be carried on a
two lane road. The proposed park system was required to handle
drainage. It was not a sacrifice to give that park area. There
were no assurances that there would be a homeowners association.
The land to the south was rezoned for approximately 500 homes. If
this zoning for 455 homes was approved, there would be close to
2700 people living in that combined 300 acres. Of that, about a
third would be children. Sam Houston School was already
overcrowded and this proposal would only add to that overcrowding.
This development would not improve the quality of life for the
residents in this area.
Roland Vela stated that he moved to Denton and this area with the
intention of living in a neighborhood which would not be
overcrowded. He had put his entire financial ability in his home
and was very happy there. He felt threatened by a high density
neighborhood. There was already a high degree of traffic in the
area and now Lowes and Walmart added to that traffic. The City
could not keep adding houses and cars and people to a small area of
City of Denton City Council Minutes
January 21, 1997 '"~"~'--,~ ~ ....
Page 9
311
land without trashing out the area. Their neighborhood and the
place where they lived were being threatened with development.
Development did not only mean add more and more, it also meant add
quality. This might be a good plan for Dr. Hersman but it was not
good for the residents in the area. The neighbors had developed
five points which were a compromise for the residents. There was a
need for a balancing of quality of life with the profit of an
individual. He urged the Council to turn down the proposal as
presented and to consider their five points for the proposal.
Vera Gershner stated that the proposal added up to smaller lots,
more homes and more money for the developer. The issues they had
concerned the neighborhood such as home values, traffic congestion,
increased traffic and duplication of the neighborhood. One
particular point was a great deal of concern for the children going
to Sam Houston School. Sam Houston was overcrowded at this point
in time. To add this amount of houses to the area would be too
much for the school. She had two recommendations for the Council.
One was to not pass the proposal as presented and the second was to
have an ongoing dialog between the Council and the members of the
School Board.
Curtis Ramsey stated he would speak on the quality of life issue.
This kind of high intensity impact deteriorated the immediate
neighborhoods and added to demands for city services. The quality
of life varied with each individual and varied over time. He felt
that one of the finest developments in Denton was one here in this
area. This proposal would significantly change the quality of life
for all in Denton. He urged the Council to change the zoning to
SF-16.
Council Member Durrance asked if Mr. Ramsey concurred with the
other comments regarding the impact on the schools.
Ramsey stated that he was here as an individual and not as a member
of the school district.
Council Member Young stated that each child in that area was not
bussed to any other school.
Curtis replied no but that the proposed addition alone would
represent enough children for an entire new school.
Marvin Jeffries felt this development would be built and the only
situation was the conditions of the proposal. His main concern was
the crowding of the streets. Teasley Lane in front of Sam Houston
School was 71' wide. A 41' collector road would not extend that
road. He felt part of the Council's responsibility was to have an
adequate width in a street to prevent congestion in traffic. He
suggested having the developer build a wider street in the area or
have the right-of-way for the area so that it could be widened in
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January 21, 1997
Page 10
the future. He also felt curbing should be on one side and the
street lights on that side and take out the other curb later when
it was widened.
John Kokalis stated that he was not against a project or a
subdivision or a development. He was against the way it was being
done. Denton would be getting development in the future and the
question was whether or not the Council could handle it. He asked
what kind of development would be helped in Denton and what kind of
community did the Council want. In every place he had lived which
had a planned development, smaller lots were mixed in with larger
lots with a lot of green space. This proposal was to hide the
small lots in an area. The Council's job was to make sure there
was a great community for people already here and for people to
come. It was time for the School Board and city to work together on
projects. If a project was coordinated ahead of time, it would be
a better idea for Denton.
Bill Claiborne stated that he was not in strong opposition but had
some questions on the proposal. He wanted to make sure that the
ingress/egress for the proposed SF-10 lots would be from inside the
subdivision. He felt this street should be dedicated as a
secondary arterial with projected plans to connect to 1-35E.
Rick Svehla, Deputy City Manager, stated that he had not seen a
final plat at this point in time. He understood that access from
the cul-de-sacs would be internal to the subdivision.
Hersman replied correct.
Peter Richardson stated that he was in support of the petition that
Brennan Gourdie presented. The issue was density, not parks. All
the speaker cards from the last meeting reflected density, traffic
and schools. He did not like the portables at Sam Houston School.
He did not like not being able to travel on Lillian Miller even on
the weekends. He was concerned about the expansion in the area.
He was in favor of development if the infrastructure could keep up
with the development. He asked Council to consider the density
issue and the impact on the traffic and the overcrowded school.
Elizabeth Gourdie stated that this proposal would change the
natural flow of the water in the area and many homes would be built
on previous channels of water.
Dessie Goodson stated that the trolley routes were revised due to
the high traffic on Lillian Miller and Teasley Lane as the trollies
could not get in and out. She questioned why the Council would
want to put something back which was already taken away.
Mayor Miller stated that he had speaker cards from the following
individuals who did not which to speak but who were in opposition
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January 21, 1997
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to the proposal: Sandy Kristoferson, Ray James, Richard Bragg,
Marian Hutsell, Joe Samek, Walter Wells, William Benjamin, Mary
Benjamin, Shirley James, Charles Tailant, Karen Connor, Janell
Trachta, Larry and Tami Hall, Patricia Cukor-Avila, Sal Avila,
Wanda Samer, Claire O'Hearn, David Pearce, Michael $krnak, Leslee
McMorrough, Mary Woodruff, Mark and Gina Replogle, Pam $toraci, Ron
Wang, Terry Garland, Betty Garland, Frank Connor, Linda and Ray
Stephens, and Douglas Ebersole.
The petitioner was allowed a five minute rebuttal.
Hersman stated that he would propose one further change which would
be a less dense change. The planned development would be changed
to 7,000 square foot lots. The planned development lots would be
eliminated and become SF-7. One item would need to be added to the
list of conditions for the office zoning for no windows on the
second story facing east. The square footage condition with the
planned development would not apply as the lots would be 7,000
square feet which had a 1,600 square foot minimum conditioned on
the plat. Denton averaged approximately 300 new home per year.
This was a 6-8 year project and would be brought on very slowly.
Denton needed 2400 lots over the same life span and he was
providing 440 lots. He was meeting a need of Denton. The
screening walls would be a choice of the neighborhood with privacy
issues.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 97-016
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE IN ZONING FOR 136 ACRES OF LAND LOCATED ON THE EAST
SIDE OF THE INTERSECTION OF TEASLEY LANE AND LILLIAN MILLER
PARKWAY FROM THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED
(O[c]), SINGLE FAMILY 7 CONDITIONED (SF-7[C]), AND SINGLE
FAMILY 10 CONDITIONED (SF-10[c]); PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Young seconded to adopt the second ordinance which
incorporated the earlier changes with additional changes as
indicated by Dr. Hersman. The planned development would change to
7,000 square foot lots with 1,600 square foot minimum homes and no
windows on the second floor of the commercial property facing east.
On roll vote, Beasley "aye", Brock "aye", Durrance "nay", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried with a
5-1 vote.
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January 21, 1997
Page 12
liB. The Council considered of an ordinance rezoning 136 acres from
the Single Family 16 (SF-16) zoning district to the following
zoning districts: office Conditioned (O[c]), Single Family 10
conditioned (SF-10[c]), Single Family 7 Conditioned (SF-7[c]),
Planned Development (PD) and approving a detailed plan for the
Planned Development which was postponed at the meeting of January
7, 1997. The subject property was located on the east side of the
Teasley/Lillian Miller intersection.
This item was considered with Item llA.
VARIANCES
12. The Council considered approval of the following exaction
variances for Redgate Pecan Estates: Section 34-116(e) requiring
adequate water capacity for fire protection purposes and Section
34-116(c) requiring fire hydrants. The subject property was
located partially within the city limits and mostly within the
Extraterritorial Jurisdiction of the City of Denton. The tract
consisted of 57.53 acres between US 377 and Country Club Road at
Thornridge. (The Planning and Zoning Commission recommended
approval 7-0.)
Rick Svehla, Deputy City Manager, stated that there were two
variances associated with this proposal. One was for fire
protection capacity out of the water line and the second for fire
hydrants. The proposed development would be served bya water line
from Argyle. The Planning and Zoning Commission recommended
approval for both variances. A condition of the variances was that
there would be no buildings within the city limits of Denton.
Young motioned, Beasley seconded to approve the variances with the
condition. On roll vote, Beasley "aye", Brock "aye", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously.
CONSENT AGENDA
Beasley motioned, Biles seconded to approve the Consent Agenda and
associated ordinances as presented. On roll vote, Beasley "aye",
Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye"
and Mayor Miller "aye". Motion carried unanimously.
13. Tax refund to Fleet Mortgage Group for $730.55.
CONSENT AGENDA ORDINANCES
14. NO. 97-017
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
City of Denton City Council Minutes
January 21, 1997 ~'~ '~
Page 13
315
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #1987)
15. NO. 97-018
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (RFSP #1970)
16. NO. 97-019
17.
18.
19.
20.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE
AGREEMENT BETWEEN THE CITY OF DENTON AND NATIONAL ENERGY &
TRADE, L.L.C. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE. (Bid ~1971)
NO. 97-020
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE MAINTENANCE AND OPERATION
EXPENSES FOR LAKE LEWISVILLE BY THE CITY TO THE DEPARTMENT OF
ARMY CORPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE.
NO. 97-021
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
NO. 97-022
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
AMENDMENT TO THE JOINT USE CONTRACT RELATING TO THE USE OF
UTILITY POLES BETWEEN THE CITY OF DENTON AND GTE SOUTHWEST
INCORPORATED; AND PROVIDING AN EFFECTIVE DATE.
NO. 97-023
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE SECOND
AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND THE GREATER DENTON ARTS COUNCIL, RELATING TO THE LEASE OF
THE CAMPUS THEATRE BY THE CITY; AUTHORIZING THE EXPENDITURE OF
FUNDS AS PROVIDED IN THE AGREEMENT; AND PROVIDINGANEFFECTIVE
DATE.
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City of Denton City Council Minutes
January 21, 1997
Page 14
21. NO. 97-024
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF DENTON PARKS AND RECREATION
DEPARTMENT AND THE TEXAS DEPARTMENT OF MENTAL HEALTH AND
MENTAL RETARDATION FOR PROPERTY LOCATED ON STATE SCHOOL ROAD
AND KNOWN AS BRIARCLIFF PARK; AND PROVIDING FOR AN EFFECTIVE
DATE.
22.
NO. 97-025
AN ORDINANCE APPROVING THE DENTON PARKS AND RECREATION
STRATEGIC PLAN WHICH PROVIDED FOR SPECIFIC INITIATIVES TO
GUIDE THE PARKS AND RECREATION DEPARTMENT THROUGH THE YEAR
2000; AND PROVIDING AN EFFECTIVE DATE.
ITEMS FOR INDIVIDUAL CONSIDERATION
23. The Council considered an ordinance approving settlement of
the claim of Jonathan T. Hodges.
The following ordinance was considered:
NO. 97-026
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
SETTLEMENT OF THE CLAIM OF JONATHAN T. HODGES IN ANAMOUNT NOT
EXCEEDING $30,000; AUTHORIZING THE CITY MANAGER TO ACT.ON THE
CITY'S BEHALF IN PAYING THE SETTLEMENT, SUBJECT TO THE
EXECUTION OF A RELEASE OF ALL CLAIMS APPROVED AS TO FORM BY
THE CITY ATTORNEY; AND DECLARING AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously with
Council Member Durrance abstaining as he was not familiar with the
material.
24. The Council considered a resolution adopting a policy setting
guidelines regarding the naming of parks and facilities. (The
Parks and Recreation Board recommended approval.)
Ed Hodney, Director of Parks and Recreation, stated that staff was
seeking approval of a new policy for naming parks and facilities
and parts of parks and facilities. This new policy replaced an
existing policy which had been used for some time but never
formally adopted. In February of 1996 the Council approved the
naming of a room in the Martin Luther King, Jr. Recreation Center.
At the time Council noted that the current policy did not address
the naming of a part of a facility or the part of a park. It only
addressed entire parks or entire buildings. Council asked staff to
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January 21, 1997 ~¥~ ...... i- ''
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317
review the policy to incorporate that possibility. During an
examination of the policy other problems were found such as how to
rename a facility and the possibility to sign or mark a piece of a
facility that was given. The Park Board would receive requests,
make a recommendation through committee action and staff would
bring that forward to Council for consideration.
Mayor Pro Tem Brock stated that the new policy stated that "upon
approval, the recommended name would be forwarded to the City
Council for 'their consideration". She assumed that that meant
consideration and final decision.
Nodney replied correct and that was the way that the policy had
been working.
Mayor Pro Tem Brock suggested including the words "and final
decision" in that section.
Council Member Biles stated that one item set a criteria for dollar
values as well as a percentage as it comprised a part of the whole.
The policy did not seen to allow for the process of citizens
purchasing parts of facilities or parks such as a project similar
to the brick pavers in the Downtown area. Ne suggested adding that
to the policy.
Hodney stated that there was an intention was to allow for that
kind of project and to encourage as much participation as possible.
Council Member Cott suggested a long period of time for a name
change perhaps as much as six months before that change was made.
Nodney stated that the Council could change the policy to whatever
they desired. In looking at various policies around the metroplex,
the period of time was no longer than 60 days and the proposal
compromised with 45 days.
Mayor Miller stated that there was a provision to involve the
community which would take care of that.
The following resolution was considered:
NO. R97-003
A RESOLUTION ADOPTING A POLICY
THE NAMING OF PARKS AND PARK
EFFECTIVE DATE.
SETTING GUIDELINES REGARDING
FACILITIES; AND PROVIDING AN
Biles motioned, Young seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
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City of Denton city Council Minutes
January 21, 1997
Page 16
25. The Council considered an appointment of two City Council
members to a Management Study Selection Panel.
Bob Nelson, Executive Director for Utilities, stated that on
January 14th the City received five proposals by qualified
management firms to do the management study. The Public Utilities
Board had selected one member of their board to be on a selection
committee. The city Manager, Executive Director for Finance and he
would be on that committee. Staff was asking for two Council
Members to be on the committee.
Mayor Pro Tem Brock stated that Council Members Beasley and Biles
had indicated a willingness to serve on the committee.
Cott motioned, Brock seconded to appoint Council Members Beasley
and Biles to the selection committee. On roll vote, Beasley "aye",
Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye"
and Mayor Miller "aye". Motion carried unanimously.
26. Nominations/appointments to Boards and Commissions.
Mayor Pro Tem Brock had nominated Hank Dickenson to the Cable
Television Advisory Board at a previous meeting. On roll vote,
Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
27. Miscellaneous matters from the City Manager.
The city Manager did not have any items for the Council.
28. There was no official action taken on Executive Session items.
29. New Business
The following items on New Business were suggested by Council
Members for future agendas:
A. Council Member Biles asked for a special call meeting
accepting the resignations of the Board of Directors of the EDC.
B. Council Member Biles asked for an ordinance dissolving
the EDC and an ordinance assigning the EDC's contract for marketing
with the Chamber to be assumed by the City.
C. Council Member Young asked that staff work with Dr.
Kazura regarding flooding on his property.
30. There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 9:45 p.m.
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January 21, 1997
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319
JE~rFER~WALTERS
C~Y SECRETARY
CITY OF DENTON, TEXAS
~XAS
ACC0035F