Minutes March 04, 1997374
CITY OF DENTON CITY COUNCIL MINUTES
March 4, 1997
The Council convened into a Closed Meeting on Tuesday, March 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. The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
Bo Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
Considered and discussed evaluations, duties and
conditions of work of Municipal Judge, City
Attorney and First Assistant City Attorney.
The Council convened into a Regular Meeting on Tuesday, March 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 Mayor and members of the City Council recited the Pledge of
Allegiance to the U. S. and Texas flags.
2. The Council considered approval of the minutes of January 7,
January 14, and January 15, 1997.
Young motioned, Beasley seconded to approve the minutes as
presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye",
Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye".
Motion carried unanimously.
3. Resolution of appreciation for John Robinson.
The following resolution was considered:
"RESOLUTION OF APPRECIATION FOR JOHN ROBINSON"
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.
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March 4, 1997
Page 2
Mayor Miller presented Yard of the Month Awards:
Robin and Terry Bain - Residential
Cathryn Kirk - Residential
Outback Steak House - Commercial
Sweetwater Grille and Tavern - Downtown Business Award
Mayor Miller presented the following proclamations:
Denton Redbud Days
American Red Cross Month
4. The Council considered a request for an exception to the Noise
Ordinance and Street Closure for REZ Week Activities on Thursday,
April 3, 1997 until 12:00 midnight.
Veronica Rolen, Administrative Assistant, stated that this request
was for REZ week activities to be held April 3, 1997.
Council Member Young asked if this was a church group.
Rolen replied correct.
Council Member Young asked if this group had previously requested
an exception.
Rolen replied that for two of past three years, an organization had
requested an exception. It might not be the same group but during
this week there had been similar activities.
Council Member Young asked if there had been any problems reported
with prior exceptions.
Rolen replied no.
Brock motioned, Cott seconded to approve the exception. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
CITIZEN REPORTS
5. Dessie Goodson regarding general issues concerning the City of
Denton.
Ms. Goodson stated that on February 24th, SPAN and the City held a
public hearing regarding public transportation and demand response.
Total attendance at that public hearing was 15 people. There were
no Council Members in attendance. Representing SPAN was Erika
Lissberger. Those attending were told that after the meeting there
would be transportation service to wherever they needed to go.
They walked out of the meeting and there were no transportation
vehicles present. She had to walk home in the rain. At the public
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hearing she mentioned the reasons why there were no benches and
shelters at the stops due to the fact that routes were revised
every six months. She suggested that the best thing to happen to
SPAN and Denton's public transportation was to boycott it. She
would not use the transportation system until it was improved. The
demand response service was not a mandatory charge of $1.50. That
was only a suggested donation. She had received much information
regarding the rules and regulations regarding a transportation
system. The City was not abiding by the rules'and regulations as
set forth by the Texas Department of Transportation. The second
reason she was speaking at the meeting was due to a letter she
received by Assistant City Attorney Bucek. On February 14th, after
she had sent a request for opinion to the Attorney General, he sent
one stating that he did not know if it was his responsibility to
respond. The city did not respond to half of what she had
requested in an Open Records request. Ms. Goodson stated that Mr.
Bucke's letter stated that she was incoherent in her writing and
her conversations. She asked the Council to let her know if she
was not understood when talking to her. She felt that this was
another case in Civil Court for slander.
6. Larry Mullen and Mr. Mess regarding city-wide clean up April
12, 1997.
Mr. Mess and Larry Mullen did a presentation for Denton Glad Bag-a-
thon Clean Up day. Mr. Mullen asked Council to join in the annual
Bag-A-Thon clean up on April 12th.
7. Gary Tetreault regarding flooding problems in Denton.
Mr. Tetreault stated that he was not have a degree as a civil
engineer but in the Navy he worked on production and control of
water, oil and steam storage and flow. He moved to Denton in 1991
to complete his military tour. There had been flooding problems
ever since he lived here. Many of the problems were still the same
as when he moved here. Recently the City tried to raise a sales
tax for economic development. Now the city was going to spend
money to build a road from Woodrow Lane to Loop 288 for more
business and more people. This also added to the problem. He felt
the money would be better spent in drainage. Whenever the City had
long periods of rain, the streets flooded. Many city personnel
have had to deal with these problems during the flooding. He
suggested people be responsible for maintaining the runoffs and
them keep clear of debris. He asked the Council to take care of
this problem so that no one else would have to do what he had to do
which was to bury a loved one who died in a flooding accident in
the City.
Council Member Young stated that there was a drainage problem in
Denton. Last year the budget allocated less than $200,000 for
drainage. He was in favor of allocating a million dollars a year
for drainage to address these problems. The City was starting to
do something about drainage but was having a problem starting the
City of Denton City Council Minutes
March 4, 1997
Page 4
process. In 1997 a lot of work should be done in this area. Not
enough money had been budgeted for drainage and he knew that the
Council would address the problem.
PUBLIC HEARINGS
8. The Council held a public hearing and gave direction to staff
with regard to the proposed annexation of a 286.57 acre tract
located north of Brush Creek Road and east of Highway 377. (A-75)
Rick Svehla, Deputy City Manager, stated that this was the second
public hearing regarding this annexation. The area was known as
the Hills of Argyle. A proposed subdivision had recently been
platted. As with any development near the City, the Subdivision
Rules and Regulation required an annexation study which provided
Council with information regarding the annexation.
Mayor Miller stated that this was a question of whether this
development would be in the city limits and not whether or not it
would be built.
Svehla replied correct.
Council Member Cott asked if the City would have to pay, if it was
not in the ETJ.
Svehla stated that the city would only provide services if it was
in the City limits of Denton with the exception of EMS service as
the city had a contract with the County to provide services.
Council Member Young asked if the property owned by Jake Dane was
included in this annexation.
Svehla replied no that it was only for the subdivision.
The Mayor opened the public hearing.
No one spoke in favor.
Greg Edwards stated that he was in opposition to the annexation.
One reason was the processing factor. The developer was delayed in
financing and was not as far along as he wanted to be. With the
difference between City and County rules, it was determined that a
driveway permit was needed through Denton County and built per City
requirements. It was requested to delay the annexation until the
first phase plat was completed. That would not reduce any of the
development requirements and would not reduce any review by the
City. This was a large lot rural development and the owners did
not see the value of annexing it in%o %h~ Ci%y. Ano%her concern
was the increased number of inspections required in the City than
in the County. It would add about a month's processing time to
complete a home if it were in the City rather than just in the
County. The owners desired to stay outside the city limits.
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Mayor Pro Tem Brock asked if the owners were just now finding out
about this proposed annexation.
Edwards replied that he was called this afternoon.
Mayor Pro Tem Brock asked if the owners were just now finding out
about this proposal.
Edwards stated that he was not sure of when the owner had been
notified as he had been out of town on business.
Rick Svehla, Deputy City Manager, stated that the owners had been
notified by letter before the process was started.
Mayor Pro Tem Brock asked when the process was started.
Svehla replied that the Council was briefed on January 21st and the
first hearing was February 24th. The owner received letters before
that time.
Herb Prouty, City Attorney, stated that one of the reasons to have
the Council approve the annexation schedule was due to the legal
requirements for public hearings prior to the actual initiation of
the annexation proceedings. If Council delayed this annexation,
the process would have to be started again due to the legal time
frame.
Svehla replied that at the schedule was approved at the Council's
February 4th meeting and the first public hearing was held on
February 18th.
Edwards stated that during the Development Review Committee
process, staff had informed them that the annexation proceedings
would be started.
Council Member Biles asked Edwards if he were representing the
developer of the project.
Edwards replied correct.
Council Member Biles stated that the developer was opposed to
annexation.
Edwards replied correct.
Council Member Biles stated that that objection was based on
receiving clearance from FEMA and that related process which would
not change what the City would require whether annexed or not.
Edwards replied correct as far as the subdivision development.
Their first concern was the processing time.
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March 4, 1997
Page 6
Council Member Young asked if there was anything in writing that
the developer was in opposition to the annexation.
Edwards stated that he did not have anything in writing but he did
have a contract to represent the owner in the preliminary plat
process.
Council Member Young asked how much time the developer was
requesting before starting the annexation.
Edwards replied that they were hoping to have a plat to the City
for review by the end of the month and were probably looking at the
end of April for a final plat.
Council Member Cott stated that the Council needed to think about
what was best for Denton.
David Yoder stated that he had attended the subdivision meetings
regarding this annexation. He did not object to the subdivision
but if the area was annexed into the City, then the city needed to
deal with the flooding on Brush Creek Road. A variance was allowed
for the water which ran under Brush Creek Road on the west end
where it currently flooded. Currently flooding was coming off the
golf course and the County was not doing a good job of maintaining
the road or the bridge. Every house added and every bridge built
in the area, would add to backwash and flooding on Brush Creek
Road° If this property was taken into the city, then were was a
need to do something about access and drainage.
Svehla stated that the developers would have to submit plans for
improvements to the crossing to FEMA. FEMA was the ultimate
authority on those issues. Whether in the City or not, if the area
was platted and met city requirements, by law the plat was filed
whether approved or not.
Council Member Beasely asked if Mr. Yoder was opposed to the
annexation.
Yoder replied yes as it was too close to his property.
Council Member Beasley asked if the County had been approached
regarding Brush Creek Road.
Yoder replied yes with no response given.
M.C. Birch stated that he could not see how the developer was going
to take care of the water as it currently was a problem. He
suggested that Hickory Creek needed to be taken care of which tied
into Brush Creek.
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The Mayor closed the public hearing.
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March 4, 1997
Page 7
Biles motioned, Durrance seconded to proceed according to the plan
adopted.
Council Member Young stated that the Council should listen to the
people and take no action at this point in time.
Council Member Cott stated that he would support moving ahead with
this proposal. The City would be able to address standards better
if the proposal were in the city limits.
On roll vote, Beasley "aye", Brock "aye", Cott "aye"f Durrance
"aye", Young "nay", Biles "aye" and Mayor Miller "aye". Motion
carried with a 6-1 vote.
9. The Council held a public hearing and considered adoption of
an ordinance approving modifications to the Flood Prevention and
Protection Regulations, Chapter 30 of the Code of Ordinances.
Rick Svehla, Deputy City Manager, stated that this ordinance would
adopt the new FEMA regulations. FEMA had completed all of the maps
in the County which were used inside the City to regulate
development and for construction if it was close to channels and
flood plains. Several other issues would also be clarified
regarding the 18" above flood elevations.
Mayor Pro Tem Brock stated that Council really did not have any
choice about this. The City was required to adopt this revised
map.
Svehla replied correct but that if the city did not adopt the map,
the flood insurance program would go away.
Council Member Beasley asked if there substantial changes in the
revised maps.
Svehla replied no that the city's maps were in existence since the
1970's-1980's. FEMA started the maps in the cities and then
expanded into counties. There were some revisions but they were
very minor ones.
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. 97-056
AN ORDINANCE AMENDING SECTIONS 30-5, 30-32 AND 30-53 OF
CHAPTER 30 TITLED "FLOOD PREVENTION AND PROTECTION" OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON TO REVISE THE BASIS
City of Denton City Council Minutes
March 4, 1997
Page 8
FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD AND TO REVISE
THE FLOOD PROTECTION STANDARD FOR NONRESIDENTIAL CONSTRUCTION;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
NOT TO EXCEED $2,000; AND PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE.
Cott, Beasley 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.
10. The Council held a public hearing rezoning 4.004 acres from
the Agricultural (A) zoning district to an Office Conditioned
(O[c]) zoning district. The subject property was located on the
east side of Teasley, approximately 500 feet south of the
Teasley/Lillian Miller intersection. (The Planning and Zoning
Commission recommended approval 6-0.)
Mayor Miller stated that Council Member Cott was leaving the
meeting with a potential conflict of interest. Items #10 and
would be considered together. A public hearing was held several
weeks ago on this item and this was a reopening of that public
hearing. Individuals in the area were notified about this hearing.
Rick Svehla, Deputy City Manager, stated that this was the second
public hearing on this proposal. The first public hearing was held
on January 7th and at that time the hearing was closed. Council
asked the petitioner to visit with the neighborhood for more input.
This second public hearing had been advertised and residents within
200 feet and the people who spoke at the January 7th meeting were
notified. The Planning and Zoning Commission recommended the
proposal with a number of conditions. Mayor Pro Tem Brock had
asked a question about a use for a hospital. That would be an
acute care hospital for emergencies and not a stay over hospital.
Council Member Biles asked about the original area considered
earlier for residential.
Svehla replied that that area was much larger.
Council Member Biles asked if the Hersman case was contiguous to
this property.
Svehla replied correct.
Council Member Biles asked where the office zoning was for Hersman.
Svehla replied that it was further north with .7 of an acre
contiguous to the current office zoning.
Council Member Young stated that there was already office zoning
across the street.
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March 4, 1997
Page 9
Svehla replied that it was zoned for planned development for office
and already had office structures there.
The Mayor opened the public hearing.
Brad Meyer, Carter and Burgess, stated that originally the office
and residential zoning were considered at the same time. The
office zoning with residential was important as the numbers on the
plan were together. He reviewed the existing land uses around the
property which included existing office to the north and a fire
station and library directly across the street. The developer was
trying to buffer the residential zoning with the office zoning from
the fire station across the street. There would be no access off
Teasley and all access would be from a boulevard inside the
property. Another objective was to not have a strip configuration
for a strip shopping center. The site was a square to get away
from that concept. The boulevard road section going through the
property was 100' wide. The net acreage for office zoning, once the
boulevard was removed, was approximately 3 acres.
Council Member Young asked if there would be sidewalks in the
office zoning.
Meyer assumed that would go in with the office tract. The
conditional office zoning would be consistent with other areas
along Teasley Lane. These would be house-styled offices to be
consistent with those in the area.
Council Member Beasely asked if there were any neighborhood
meetings since the last public hearing.
Meyer stated that Rob Rayner handled those meetings.
Council Member Young stated that the six buildings would be a
buffer for the residential property behind the development. This
was a good land use for commercial rather than residential at that
location.
Council Member Durrance asked about the density of the proposal.
Meyer stated that the residential was under plan and if put with
the office zoning the entire proposal would be under. When
separated, the residential was under and the o~ice was over.
Council Member Durrance stated that the separation was less than
mile.
Meyer replied correct.
council Member Biles stated that one of the four acres would be
used for the roadway.
Meyer replied correct. The roadway was 100' wide by 400' long which
City of Denton City Council Minutes
March 4, 1997
Page 10
equated to 40,000 square
feet.
north.
feet with an acre
383
being 43,560 square
To work out that math, the road would go slightly to the
Council Member Biles asked if the 100' included roadway and
easement on both sides of the roadway.
Meyer stated that it would be the entire right-of-way including the
center median, the two paving lanes and the parkways.
Mayor Pro Tem Brock asked how much of the total tract would be
covered with buildings, parking and roads. Her calculation was that
3.4 acres would be office.
Meyer replied it would be a bit less than that as the entire tract
was 4.004 acres. The developer was making the roadway wider than
it needed to be.
Mayor Pro Tem Brock asked about how much would be covered with
buildings and parking.
Meyer replied that there would be one acre of buildings, two acres
for parking and landscaping. If the building were two story, more
space would be needed for parking and landscaping.
Mayor Pro Tem Brock asked about the list of permitted uses. She
thought that the offices would be professional in nature and not
such uses as acute care hospital, a residence home for aged or for
animal care. She asked what the developer had in mind for
permitted uses.
Meyer stated that the primary use was for professional uses. Other
uses might be considered if they fit into the area.
Council Member Biles stated that one point from the earlier public
hearing was that a site plan was needed. He knew that they were
not at the platting stage but he was now hearing that out of four
acres, about one would be used for a boulevard. Only three acres
of land use was being discussed. With the three acres, the building
would be one acre, half an acre would be parking lot and half an
acre would be landscaping. He asked if there were any type of a
proposed site plan as to how the buildings would be positioned and
where the parking would be.
Meyer stated that there was no site plan or footprint at this time.
They wanted to have the zoning in place first.
Council Member Biles stated that some of the permitted uses did not
~eem appropriat~ for thi~ ar~a.
Bob Shelton stated that they were going to be developing 400+ lots
on the site over a period of years. They were not going to do
anything in the front of the development, which was the main
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March 4, 1997
Page 11 t
entrance into the subdivision, which was not attractive. The
office zoning was a natural buffer to what was across the street.
He felt professional offices would be built over a period of years.
He would not object to limiting the conditions for permitted uses.
Mayor Miller stated that the developer would be willing to strike
some uses.
Shelton replied correct. It would be better to put the landscaping
in front where would be seen.
Rob Rayner stated that a condition included in the proposal was
that additional trees would be planted on Teasley Lane. These
conditions were very similar to some of the other zoning offices
approved by Council on Lillian Miller. The Planning and Zoning
Commission felt that the conditions neutralized the inconsistencies
from the Denton Development Plan. Surrounding zoning included a
library and two offices across the street and office zoning
immediately to the north of the tract. The surrounding area was
very diverse. He had talked with the Bent Oak residents to take
care of the concerns they had. They had addressed those major
concerns and he felt he had addressed most of those concerns. It
was stated at the Planning and Zoning Commission that one of the
problems was a reference to the Denton Development Plan. The
Denton Development Plan and the Master Thoroughfare Plan were
guides so that there was a flexibility to disregard them if there
were other benefits that modified what was in the Plan. He felt
that this was an unusual case for the Denton Development Plan
because of diversity of the zoning and particular use.
Mayor Pro Tem Brock asked about the number in attendance at the
neighborhood meeting.
Rayner stated that four individuals attended the meeting and they
met with two other individuals after the meeting.
Mayor Pro Tem Brock stated that she too had noticed that the Denton
Development Plan had been mentioned as a guide. When she and
others worked on the developing the Plan it was noted that the
earlier document was called a "guide" and that was what this was
not intended to be. She felt there was a need to follow the plan
and if not, give a reason why.
city Attorney Prouty stated that since he had been with the City,
the Denton Development Plan had been used. Even if it was a guide,
a great deal of emphasis had been placed on it.
Elizabeth Gourdie stated that most individuals left after the last
zoning case. People had los% faith fighting %he Council regarding
this issue. Neighbors had had to compromise with everything and
the developers did not. She had received a letter from Century 21
indicating the value of homes in the area would be going down.
There was good development and bad development. Good development
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March 4, 1997
Page 12
included businesses such as Peterbilt, Wal-Mart, and Lowes. Bad
development overburdened City services, gridlocked streets and
pushed out competing existing businesses. No sidewalks and bike
lanes around the Universities was bad development. Too many
offices was bad development. She felt the Council should postpone
this proposal and see what going to happen and then make a choice
with more information.
Mayor Miller indicated that Alan Wasserman had sent a letter to the
Council indicating that he was opposed to the proposal.
The petitioner was allowed a five minute rebuttal.
Bob Shelton stated that three acres of the proposal would be used
for office and if the building were two story, less acreage would
be used for office. The rest of the property would be parking and
landscaping. They were willing to strike certain kinds of
permitted uses from the list as the property was not intended for
those kinds of uses.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 97-057
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO AN OFFICE CONDITIONED
(O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
3.21 ACRES LOCATED ON THE EAST SIDE OF TEASLEY LANE,
APPROXIMATELY 500 FEET SOUTH OF THE INTERSECTION OF TEASLEY
LANE AND LILLIAN MILLER PARKWAY; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Biles seconded to adopt the ordinance with
conditions.
Council Member Biles stated that as he now understood the proposal,
out of the 4.004 acres, roughly one acre would be a boulevard with
landscaping on the north and south side. There was also a
statement made that the boulevard would curve to the north and as
such would reduce to below three acres the amount of land for
development. The landscaping requirements on the yard facing
Lillian Miller as well as the landscaping between the development
and the houses were greater than what was seen in other
developments on Lillian Miller. Of the less than three acres of
o££1ce zoning, roughly an acre would be building with a half acr~
devoted to parking. If he were buying a house on the western side
with this kind of traffic, he would appreciate a buffer, since the
developer had agreed to remove the most traffic intensive uses, he
felt the proposal would address most of the intensity issue. · If
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City of Denton City Council Minutes
March 4, 1997
Page 13
this had been considered with the residential zoning, the intensity
trips would have met the Plan. The proposal was addressing less
than 3 acres of use and half would be landscaping. He would second
the motion if it included striking hospital, general acute care,
nursing home/residence home for aged and animal clinic or hospital.
Mayor Pro Tem Brock stated that she was hoping to reduce the office
zoning to 3 acres or less. With this picture, they had an
assurance that that would happen. There were restrictions and
conditions for the development. She was concerned about the
latitude given with the zoning for the four acres.
Svehla replied that the Council could reduce the area of four acres
if addressing a street. The street would not have to be zoned
office.
Brock motioned, Biles seconded to amend the original motion which
excluded the 100' x 400' long proposed area for a boulevard.
Council Member Beasley stated that she liked the idea of an office
buffer because of the fire station and other offices. With the
reduction to 3 acres, it was more consistent with that part of the
Denton Development Plan.
Mayor Miller state that the residential zoning in this section was
already approved. The homes approved would not be done right away.
DISD was larger than the City limits with growth in the area. The
real question was what was the best use of the land along Teasley
Lane. He felt it made sense to have attractive offices as a buffer
for residences behind that area. This proposal would not add to
the traffic flow in the area. It would help the neighborhood as
traffic would be counterflow to traffic leaving the area in the
morning and afternoons. He would support the motion with the
amendment as it was a good way to use the land.
Mayor Pro Tem Brock stated that she took exception to recent
newspaper articles and that she was not in on this case or any
other case. She had not taken any money from developers, not even
a cup of coffee.
on roll vote of the amendment, Beasley "aye" Brock "aye"
Durrance "nay", Young "aye", Biles "aye" and Mayor Miller "aye".
Motion carried with a 5-1 vote.
On roll vote of main motion as amended, Beasley "aye", Brock "aye",
Durrance "nay", Young "aye", Biles "aye" and Mayor Miller "aye".
Motion carried with a 5-1 vote.
11. The Council considered adoption of an ordinance rezoning 4.004
acres from the Agricultural (A) zoning district to an Office
Conditioned (O[c]) zoning district. The subject property was
located on the east side of Teasley, approximately 500 feet south
of the Teasley/Lillian Miller intersection. (The Planning and
City of Denton city Council Minutes
March 4, 1997
Page 14
Zoning Commission recommended approval 6-0.)
This item was considered with Item #10.
12. Exaction variances to Section 34-114(17) concerning sidewalks
and Section 34-124(e) concerning drainage channel lining. This
50.0 acre tract was located on the west side of Masch Branch Road,
north of University Drive. (Marriott Gardens Addition) (The
Planning and Zoning Commission recommended approval 4-0.)
Rick Svehla, Deputy City Manager, stated that this was an
application for a variance to the sidewalk requirements. Normally
the requirements would run on the east side of the property. The
other variance was a small channel lining which was very short.
The Planning and Zoning Commission recommended approval of both
variances.
Young motioned, Beasley seconded to approve the variances. On roll
vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye",
Biles "aye" and Mayor Miller "aye". Motion carried unanimously.
13. Exaction variances to Section 34-116(e) concerning water
capacity for fire flow; and Section 34-116(c) concerning fire
hydrants on Lot 1, Block A, of the Brazeel Addition. This 5 acre
tract was located on the east side of U.S. Highway 377, north of
Country Club Road at the city limits line. (The Planning and
Zoning Commission recommended approval 4-0.)
Rick Svehla, Deputy City Manager, stated that this subdivision was
approximately 10,000 feet from the nearest water line. The water
system was composed of a 4" line and would not meet fire flow
requirements. If a hydrant were installed, the fire engines would
probably pump the well dry and it would collapse.
Beasley motioned, Cott seconded to approve the variance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
14. Exaction variance of Section 34-114(17) concerning sidewalks
for Denton Country Club Estates. The subject property was in the
Single Family 16 (SF-16) zoning district and was located southeast
of the intersection of U.S. Highway 377 and Brush Creek Road. (The
Planning and Zoning Commission recommended approval 6-0.)
Mayor Miller indicated that Items #14-16 could be considered with
one motion.
Rick Svehla, Deputy city Manager, stated that the Planning and
zoning Commission had recommend approval for all these variances.
The first variance would exempt the lots on the southwest corner
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City of Denton City Council Minutes
March 4, 1997
Page 15
from sidewalks as these were larger lots especially on the street
frontage. The second variance dealt with cul-de-sac length.
Normally there could only be a 1,000 foot cul-de-sac but as the
lots were so large a longer cul-de-sac was proposed. The third
variance dealt with the drainage design standards. The developer
was requesting to not have to pipe or line the channel in that
area. Pipe would be built across Brush Creek Road°
Council Member Durrance asked if the sidewalk variance was
requested for any other reason than the size of the lots.
Svehla replied that that was the standard for the Planning and
Zoning Commission.
Council Member Durrance asked if there was an island planned for
the cul-de-sac.
Svehla stated no that the radius was closer to the minimum required
for emergency vehicles to turn around.
Council Member Durrance asked why the cul-de-sac was proposed to be
longer than standard.
Svehla replied that it was a consideration of entrances and exits
to the subdivision and whether another entrance/exit was needed.
Another entrance/exit could be built but it would not help with any
other lot frontages.
Council Member Durrance asked about an access on U.S. 377 which he
felt would be out to the south.
Svehla replied that that would be the other option which would
eliminate the length problem with cul-de-sac.
Council Member Durrance asked where the drainage would be going.
Svehla replied that there was a culvert under U.S. 377, Brush Creek
Road and into an existing channel.
Council Member Durrance asked that if the variance was not granted,
then what would have to be done.
Svehla replied that the developer would have to hard line it and it
was felt that that was not needed.
Council Member Young motioned for approval of Items #14-16.
Council Member Durrance felt it would be more appropriate for a
motion on each variance.
Young motioned, Cott seconded to approve the variance for Item #14.
city of Denton City Council Minutes
March 4, 1997
Page 16
389
Council Member Biles stated that the original intention of the
applicant was to obtain a variance for all sidewalks.
Svehla replied correct.
Council Member Biles stated that this was a recommendation from the
Planning and Zoning Commission for sidewalks on all but a few lots.
He questioned why the developer wanted to waive all sidewalks.
Svehla replied that the sidewalks would not lend itself to the
esthetics of the estate planning for the lots plus the cost factor.
Council Member Biles asked if the surrounding residential areas had
sidewalks.
Svehla replied no that most of that was in the County with the
exception of a small nearby subdivision which also did not have
sidewalks.
Council Member Biles asked if Council Member Young's motion was to
grant the variance as requested by the developer or the Planning
and Zoning Commission recommendation°
Council Member Young stated that his motion was to grant a variance
to not require sidewalks in the area.
Mayor Miller stated that the recommendation from the Planning and
Zoning Commission was for sidewalks except for lots 34-43. Council
Member Young's motion was for a variance for no sidewalks.
Council Member Cott withdrew his second.
Council Member Biles seconded the motion for no sidewalks as it was
the developer's proposal for country estates.
Council Member Beasely stated that she would be voting against the
motion because staff discussed the recreational advantages of
having sidewalks in the back-up materials. It was her experience
that it was easier to walk on sidewalks than on streets even in a
country atmosphere. This would not be any greater financial burden
that any other SF-16 development except for the very large lots.
Mayor Pro Tem Brock agreed as this was a fairly dense development.
Children needed sidewalks for play and safety.
On roll vote, Beasley "nay", Brock "nay", Cott "nay", Durrance
"nay", Young "aye", Biles "aye" and Mayor Miller "nay". Motion
failed with a 2-5 vote.
Beasley motioned, Brock seconded to follow the recommendation of
the Planning and Zoning Commission which was to have sidewalks
except for Lots 34-43. On roll voter Beasley "aye", Brock "aye",
Cott "aye", Durrance "nay", Young "nay", Biles "aye" and Mayor
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City of Denton City Council Minutes
March 4, 1997
Page 17
Miller "aye". Motion carried with a 5-2 vote.
15. Exaction variance of Section 34-114(11) concerning cul-de-sac
length. The subject property was in the Single Family 16 (SF-16)
zoning district and was located southeast of the intersection of
U.S. Highway 377 and Brush Creek Road. (The Planning and Zoning
Commission recommended approval 5-1.)
Durrance motioned, Young seconded to approve the variance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
16. Exaction variance of Section 34-124(e) concerning drainage
design standards. The subject property was in the Single Family 16
(SF-16) zoning district and was located southeast of the
intersection U.S. Highway 377 and Brush Creek Road. (The Planning
and Zoning Commission recommended approval 6-0.)
Biles motioned, Young seconded to approve the variance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "nay", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried with a
6-1 vote.
CONSENT A~ENDA
Biles motioned, Young seconded to approve the Consent Agenda and
the accompanying ordinances. On roll vote, Beasley "aye", Brock
"aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and
Mayor Miller "aye". Motion carried unanimously.
17. Tax refund to Title Resources for Henry Rife in the amount of
$868.67.
18. NO. 97-058
19.
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 #1996 - Overcurrent
Relays)
NO. 97-059
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 #2004 - Annual
Distribution Transformers)
city of Denton City Council Minutes
March 4, 1997
Page 18
20. NO. 97-060
21.
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 #2010 - Water Treatment
Chemicals)
NO. 97-061
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. (Bid #1914 -
CIS Utility Billing Study (Phase II)
22.
NO. 97-062
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BLACK & VEATCH FOR
COMPLETION OF A UTILITY MANAGEMENT STUDY; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (RFSP ~1966 - Utility Management Study)
23.
NO. 97-063
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND 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 # 1999 - South Central Sidewalk Repair)
24.
NO. 97-064
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND 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 #2000 - Sequoia Park Sidewalk Repair)
25.
NO. 97-065
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 #2011 - Mowing, Trash
Removal and Erosion Control)
26°
NOo 97-066
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. #73327 - AMS
Pump & Supply $15,117.00)
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City of Denton City Council Minutes
March 4, 1997
Page 19
27. NOo 97-067
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE FIRST QUARTER 1997 PAYMENT BY THE
CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE
DATE.
28°
NO. R97-009
A RESOLUTION PROVIDING THAT THE CITY MANAGER SHALL EXERCISE
THE CITY'S RIGHT TO TERMINATE THE AGREEMENT BETWEEN THE CITY
OF DENTON, TEXAS AND THE YL ROSES OF TEXAS REPEATER
ASSOCIATION; AND PROVIDING FOR AN EFFECTIVE DATE.
ITEMS FOR INDIVIDUAL CONSIDERATION
29. The Council considered adoption of an ordinance directing the
issuance and publication of Notice of Sale of City of Denton
General Obligation Bonds.
Harlan Jefferson, Director of Fiscal Operations, stated that this
ordinance would authorize the issuance and publication of a notice
of sale for $4,700,000 in general obligation bonds. The bonds
would be sold on April 15th at 11:00 a.m. A specific list of the
projects was included in the back-up materials.
The following ordinance was considered:
NO. 97-068
AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE
OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles 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.
30. The Council considered adoption of an ordinance amending
sections 28-61 and 28-62 of the Code of Ordinances of the City of
Denton, Texas; adopting the 1996 Edition for the National
Electrical Code with local amendments. (The Electrical Code Board
recommended approval.)
Rick Svehla, Deputy City Manager, stated that the Electrical Code
Board had recommended approval of the ordinance with a few minor
modifications for local amendments.
The following ordinance was considered:
city of Denton City Council Minutes
March 4, 1997
Page 20
NO. 97-069
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 28-
61 AND 28-62 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
Biles 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.
31. The Council considered adoption of an ordinance approving the
release of paving liens assessed against homestead by ordinance No.
61-16 relating to the property commonly known as 1904 Whipporwill,
Denton, Texas.
The following ordinance was considered:
No. 97-070
AN ORDINANCE OF THE CITY OF DENTONv TEXAS APPROVING THE
RELEASE OF PAVING LIENS ASSESSED AGAINST HOMESTEAD BY
ORDINANCE NO. 61-16 RELATING TO THE PROPERTY COMMONLY KNOWN AS
1904 WHIPPORWILL, CITY OF DENTON, TEXAS; AUTHORIZING THE MAYOR
TO EXECUTE SAID RELEASE; AND PROVIDING FORAN EFFECTIVE DATE.
Young motioned, Beasley 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.
32. The Council considered nominations/appointments to City Boards
and Commissions.
Council Member Biles had nominated Sarah LaGrone to the Keep Denton
Beautiful Board at a prior meeting. On roll vote, Beasley "aye",
Brock "aye"~ Cott "aye", Durrance "aye", Young "aye"v Biles "aye"
and Mayor Miller "aye". Motion carried unanimously.
33. Miscellaneous matters from the city Manager.
Ted Benavides, City Manager, did not have any items for the
Council.
34. There was no official action on Closed Meeting Items.
35. New Business
The following items of New Business were suggested by Council
Members for future agendas:
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City of Denton City Council Minutes
March 4, 1997
Page 21
A. Council Member Durrance requested a briefing on the
placement of newspaper stands.
B. Council Member
process of registration
structure for the elderly.
Durrance suggested staff review the
of animal licenses and related fee
C. Council Member Young asked staff to look into a matter of
an individual on Chambers Street having fire wood for cooking in
his yard and who received a warning from Code Enforcement.
36. There was no continuation of Closed Meeting during the Regular
Meeting°
With no further business, the meeting was adjourned at 10:05 p.m.
CIT~--OF DENTON, TEXAS
CITY OF DENTON, TEXAS
ACC00372