Minutes February 04, 1997333
CITY OF DENTON CITY COUNCIL MINUTES
February 4, 1997
The Council convened into a Closed Meeting on Tuesday, February 4,
1997 at 5:45 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. Council considered the following items in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into a Regular Meeting on Tuesday, February 4,
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 to the U. S. and Texas flags.
2. The Council considered approval of the minutes of December 3
and December 17, 1996.
Council Member Beasley noted that on page 13 of the December 3rd
meeting, the vote was 5-1 but indicated that it was passed
unanimously. She requested a correction that the vote was
unanimous.
Brock motioned, Biles seconded to approve the minutes as corrected.
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 Yard of the Month awards:
Godfrey's Place Inn
Bob and Loretta Norton
J. F. Kohler
Downtown Business Award - Campus Theatre
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February 4, 1997
Page 2
CITIZEN REPORTS
3. The Council received a citizen report from Willie Hudspeth
regarding drainage problem north of 623 Newton.
Mr. Hudspeth stated that he built a home at 623 Newton and had to
give an easement for drainage because the city would not give
approval to build the home on the property without the easement. If
the easement was going to be used and enforced, he would be
protected. His attorney had indicated to him that that was not the
case. The City and the County determined that water needed to go
through the creek behind his property. A wide trench was made to
collect the water from McKinney, all of the water from the
buildings and concrete surrounding the new courthouse, all of the
water from the Sheriff's department, all of the water from the
entire area was directed into one area. Right now the water was 50
feet from his home which he knew would be the case. He had planned
for the water to come 50' from his home. When the water came in
now, from what the city allowed to be built in the area, it would
be blocked from the buildings and blocking it up even more to his
home. It would put a great deal of water on his property. He had
asked that the water be drained further east where it had been
draining in the past. He was told that that could not happen. He
felt he would 10se his home in a heavy rain with flooding because
of the building of the County facility. The flooding would also
erode his property. He had asked the city earlier to not kill his
50 year old tree which he was ignored and now the tree was dead.
He asked the Council to not ignore this area of the City.
Mayor Miller stated that Council would ask for a report on the
issue.
Council Member Young asked how far the water was on his property
after the last heavy rain.
Hudspeth replied that the water was 50 feet before the ditch was
added.
Council Member Young asked if there was money in the CIP for work
in that channel.
Rick Svehla, Deputy city Manager, stated that there were funds for
Pecan Creek but most was upstream from Ruddell.
Council Member Young stated that there were no funds for
improvements in that area of the channel.
Svehla replied no that it was all upstream from Ruddell and the
Hudspeth property was downstream from the Ruddell Street bridge.
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Page 3
Council Member Young asked if there was any way to move the project
up in the CIP.
Svehla replied only if the Oversight Committee recommended that it
be moved up on the list and the Council made that decision.
PUBLIC HEARINGS
4. The Council held a public hearing and considered adoption of
an ordinance rezoning 128.418 acres from Planned Development 118 to
the Single Family 16 (SF-16) zoning district. The subject property
was located southeast of the intersection of US 377 and Brush Creek
Road. (The Planning and Zoning Commission recommended approval 6-
0.)
Rick Svehla, Deputy City Manager, stated that the first planned
development approved for this property was in 1986 for mixed uses
including single family, multi-family, a private school and general
retail. In 1994, the planned development was changed to single
family with 11,000 square foot lots with a nine hole golf course.
This proposal originally was for 148 acres with approximately 20
acres for commercial zoning. When the petitioner was given the
staff back-up which recommended denial based on the commercial
zoning, he withdrew the commercial zoning. The zoning was for SF-
16 zoning with the lots using septic systems with a minimum one
acre net lots.
The Mayor opened the public hearing.
Tim House, representing the developer, stated that originally they
had requested 128 acres of SF-16 and 20 acres of commercial zoning
along Highway 377. The purpose of the commercial was not because
of commercial intentions but felt that it would be an appropriate
buffer between the Highway and the estate homes. When it was
realized that that was not in compliance with staff's wishes, that
application was withdrawn. The previous owner's plans were for a
higher density residential development along with nine holes of
golf. That plan failed and the property was listed for sale. The
intent was for one acre minimum size lots with the preliminary plat
showing an average lot size of 1.6 acres. The SF-16 zoning was
requested because the lots backing up the golf course were too
large for agricultural zoning.
Council Member Young asked if the proposal would be using city
water.
House replied yes that it would originate in Argyle but would be
coordinated through Denton.
Council Member Young asked about streets and sidewalks.
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February 4, 1997
Page 4
House replied that the street would be built according to standards
but that they would be asking for a variance with sidewalks as it
would detract from the rural estate concept for the subdivision.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 97-027
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT 118 (PD-118) TO THE SINGLE
FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 128.418 ACRES LOCATED SOUTHEAST OF THE
INTERSECTION OF US 377 AND BRUSH CREEK ROAD; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FORAN EFFECTIVE DATE.
Cott motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
5. The Council was to hold a public hearing and consider adoption
of an ordinance for a specific Use Permit for Delta Lodge, Inc.
The subject property was in the General Retail (GR) zoning district
and was located on the southwest corner of Oak and Fry Streets.
(The Planning and Zoning Commission recommended approval 5-2.)
Mayor Miller indicated that he had a letter from the petitioner
asking to have this item postponed. If approved by Council this
item would not be considered at this meeting and would have to be
renoticed in the newspaper.
Young motioned, Cott seconded to postpone this item. On roll vote,
Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
6. The Council held a public hearing and considered adoption of
an ordinance rezoning 0.23 aces from the General Retail (GR) zoning
district to the Single Family 7 (SF-7) zoning district. The
subject property was located on the north side of Scripture,
between Lovell and Bryan. (The Planning and Zoning Commission
recommended approval 6-1.)
Rick Svehla, Deputy City Manager, stated that the Planning and
Zoning Commission had recommended approval of this proposal. The
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City of Denton City Council Minutes
February 4, 1997
Page 5
area was zoned general retail in 1969. Over the years the property
was used as a day care facility which was allowed in general retail
zoning. The current owners would like to change the zoning to
allow for a residence. Under the current zoning ordinance,
residential uses were not allowed in commercial zoning. Because of
the amount of opposition, the 20% rule was in effect which required
a 6-1 minimum vote.
The Mayor opened the public hearing.
Jim McKissack stated that this was a home with homes on both sides
of the property. The original zoning was residential and the owners
of the property wanted to live in the house.
Council Member Biles stated that there were current residences on
both sides of the proposed property.
McKissack replied correct.
Council Member Biles stated that if the proposed property went back
to residential, there would be four residential uses in a row which
would be most of that block for residential.
McKissack replied correct.
Myron Hargrove stated that he and his wife had owned the property
for approximately two years. He felt the recommended zoning was a
good and proper use. The property was in close proximity to the
University. The Planning and Zoning Commission approved 6-1 for
the change in zoning. There were single family residences on both
sides of the property.
Rob Raynor stated that he was in opposition to the proposed zoning.
The surrounding areas were developed bymedical facilities and the
neighborhood was a general retail neighborhood. Single family
zoning was objectionable for three reasons. One was that the
landscape ordinances which were designed to protect residential
zoning would be activated. The existing general retail neighbors,
if they wanted to do something with their property, would have to
abide by those rules. Any new construction abutting this tract
would be subject to the setback design used to protect residential
zoning. The market values of the property in this area were based
on general retail values. By allowing this residential intrusion,
the value of the area would be lowered such as the additional
screening costs associated with residential zoning. He requested
that the Council keep the zoning as it had been since 1969.
The Mayor closed the public hearing.
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February 4, 1997
Page 6
Mayor Pro Tem Brock asked that if the property became residential
and there was a family living there, would the surrounding
neighbors be required to make changes right away.
no. Those changes would be required only as changes
Svehla replied e adjacent lots. This proposal was necessary
were made to tt~me the property was a home, then became a day care
because at one ·
and now the owners wanted to change it back to a residence If the
owners of the adjacent lots wanted to expand, they would have to
build a fence and any improvement would have to stay 10 feet from
the property line.
council Member Biles stated that this was one of four residential
structures facing scripture. The other three were presently
occupied as single famil~ residences. OnlyL the commercial
establishments would be subject to the requiremen= of fences, etc.
Svehla replied no that if those residences ma~e alterations or
additions they would be changing the non-conforming uses and would
have to have a change in zoning to residential.
council Member Biles asked if staff was aware of any changes to the
properties on the north side of the property line.
Svehla replied that there had been no changes. The owner of that
property had been at the Planning and zoning commission meeting and
had indicated that there were no definite plans at this point in
time.
council Member Young asked if any of the homes in the area could be
used for businesses.
Svehla replied correct as they were in the proper zoning.
Brock motioned to approve request. This was an area which was
zoned general retail many years ago. The area was fragile and
valuable with much history and there was a need to maintain
diversity in area.
Dil~ ~econd~d the motion and agreed with the observations that it
· was a unique neighborhood. This current zoning was a catch-all
which was done with cumulative zoning.
Council Member Beasley noted all of the different zoning in the
area. Although there were retail uses in a~ea, she still agreed
that it would make a nice area of single family homes.
council Member Cott stated that over time, commercial
establishments were required to meet conditions of the local
neighborhood. He would be opposing the motion.
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city of Denton city Counci~ MinUtes
February 4, 1997
Page 7
,, ,, ._Ack ,,ave'' , cott "nay", Durrance
On roll vote, Be.a,,sle.y:,'~a. ye,,a've,O,L~nd M~or Miller "aye". Motion
"ave", Young "nay , Dx-== %z-:- ~rmative votes were needed.
failed with a 5-2 vote as ana ~-~ ~
V~RI~CBS
7. The council considered exaction variances to Section 34-116
pertaining to fire flow and section 34-116 (c) pertaining to
(e), . ' 9.118 acre tract was loc~te~ i? Division One
fire hydrants- Th~s 1 ....... ~ial ~urlsdlction on the
of th~ city of Denton's ~x~r~~g~Roa~. (Milam Ridge) (The
northeast corner of F.M. 3163 ana ~=~=~
Planning and zoning commission recommended approval 6-0.)
Rick Svehla, Deputy City Manager, stated that the petitioner was
requesting variances for fire hydrants and for fire flow. The cost
for these improvements would be in excess of the value of
The council had granted similar variances on
improvements.
property located across the road.
Beasley motioned, Brock seconded to approve the variances. On roll
vote, Beasley ,'aye", Brock "aye", cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
CON~EI~T AGEND~
Mayor Miller asked that Item #11 be pulled from consideration and
asked the city Attorney to work with Purchasing Department for more
background information.
Brock motioned, Durrance seconded to approve the Consent Agenda and
associated ordinances with the exception of Item #11. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"nay", Biles "aye" and Mayor Miller "aye". Motion carried with a
6-1 vote.
8. Considered approval of a tax refund to Fawn R. conger for
$507.60.
NO. 97-028
9.
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. (Bid #1973 - office
Supplies)
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City of Denton City Council Minutes
February 4, 1997
Page $
10. NO. 97-029
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. (Bid #1985 - Computer and
Facsimile Supplies)
12.
13.
14.
15.
NO. 97-030
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. (Bid #1990 - Cellular
Service)
NO. 97-031
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. (Bid ~1993 - Track Loader
2.4 CU YD)
NO. 97-032
AN ORDINANCE ACCEPTING COMPETITIVE BIDSAND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (Bid #1991 - Demolition and Clearing #26)
NO. 97-033
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY
FOR FEES TO FIRST SOUTHWEST COMPANY; AND PROVIDING AN
EFFECTIVE DATE.
16.
NO. 97-034
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY
FOR ADMINISTRATIVE FEES AND PARTICIPATION TO UPPER TRINITY
REGIONAL WATER DISTRICT (UTRWD); AND PROVIDING AN EFFECTIVE
DATE.
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City of Denton City Council Minutes
February 4, 1997
Page 9
17. NO. 97-035
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN INTERLOCAL ADDENDUM TO A CONTRACT
BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL
WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FOR AN EFFECTIVE DATE.
18.
NO. 97-036
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN INTERLOCAL ADDENDUM TO JOINT
OWNERSHIP AND OPERATIONS CONTRACT BETWEEN THE CITY OF DENTON
AND UPPER TRINITY REGIONAL WATER DISTRICT REGARDING
PARTICIPATION IN THE SANGERTRANSMISSION LINE; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
19.
NO. 97-037
AN ORDINANCEAPPROVINGANAGREEMENT BETWEEN THE CITY OF DENTON
AND THE UNIVERSITY OF NORTH TEXAS TO PROVIDE FUNDING TO THE
UNIVERSITY OF NORTH TEXAS VISUALIZATION LABORATORY;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR ANEFFECTIVE
DATE.
ITE~B FOR INDIVIDUAL CONSZDE]~%.TION
20. Ordinance designating a loading zone for school buses and
parents on the south side of Hanover street for Woodrow Wilson
Elementary School. (The Traffic Safety Commission recommended
approval.)
Rick Svehla, Deputy City Manager, stated that this request was for
a loading zone for parent pick-up and drop-off of students at
Woodrow Wilson Elementary School. The Traffic Safety Commission
recommended approval.
The following ordinance was considered:
NO. 97-038
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A
LOADING ZONE FOR SCHOOL BUSES AND PARENTS ON THE SOUTH SIDE OF
HANOVER STREET FOR WOODROW WILSON ELEMENTARY SCHOOL; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARINGAN
EFFECTIVE DATE.
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City of Denton City Council Minutes
February 4, 1997
Page 10
Biles motioned, Young seconded to adopt. On roll vote, Beasley
"aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously.
21. Ordinance authorizing the City Manager to execute an
interlocal cooperative memorandum of agreement between the City of
Argyle and City of Denton relating to common Wastewater Certificate
of Convenience and Necessity areas and providing for dual
wastewater certification for two overlay areas.
Bob Nelson, Executive Director for Utilities, stated that this
request would authorize an interlocal agreement with Argyle to
allow dual certification for wastewater in two small areas along
the south boundary of the City. Denton had worked with Argyle and
all were in agreement with the proposal.
Council Member Biles asked why the City was not withdrawing its
certification.
Nelson stated that the City would do that at a later date and it
would be done in conjunction with another case.
The following ordinance was considered:
NO. 97-039
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATIVE MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF ARGYLE, TEXAS AND CITY OF DENTON, TEXAS RELATING TO
COMMON WASTEWATER CERTIFICATE OF CONVENIENCE AND NECESSITY
AREAS, PROVIDING FOR DUAL WASTEWATER CERTIFICATION FOR TWO
OVERLAY AREAS; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye",
Biles "aye" and Mayor Miller "aye". Motion carried unanimously.
22. Resolution declaring the intent to reimburse expenditures for
drainage projects with bond proceeds.
Kathy DuBose, Executive Director for Finance, stated that this was
a reimbursement resolution for drainage projects. The City would be
selling bonds in the spring. Recent legislation allowed the City
to designate funds before the actual sale and to be reimbursed with
bond money.
The following resolution was considered:
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City of Denton City Council~MihUtes
February 4, 1997
Page 11
NO. R97-006
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FOR MISCELLANEOUS DRAINAGE PROJECTS WITH BOND PROCEEDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Brock seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye",
Biles "aye" and Mayor Miller "aye". Motion carried unanimously.
23. The Council considered adoption of an annexation schedule with
regard to the proposed annexation of a 286 acre tract located north
of Brush Creek Road and east of HWY 377. (A-75) (The Planning and
Zoning Commission recommended approval.)
Rick Svehla, Deputy City Manager, stated that at the last study
session, Council directed staff to begin the annexation
proceedings. Staff was recommending a timing schedule for the
annexationprocess.
Beasley motioned, Brock seconded to approve the schedule. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
24. Nominations/appointments to Boards and Commissions.
There were no nominations/appointments at this meeting.
25. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items for the Council.
26. There was no official action taken on Closed Meeting Items.
27. New Business
There were no items of New Business suggested by Council Members
for future agendas.
28. There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 8:05 p.m.
J~N~IFER ~ALT~RS JA~K~/~ILLER, MAYOR
C~T~ SECRETARY CITY OF DENTON, TEXAS
CITY OF DENTON, TEXAS
ACC00362