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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 334 City of Denton City Council Minutes 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. 335 City of Denton City Council Minutes February 4, 1997 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. 336 city of Denton City Council Minutes 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 337 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. 338 city of Denton city council Minutes 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. 339 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) 34O 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. 341 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. 342 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: 343 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