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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. City of Denton City Council Minutes 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 375 376 City of Denton City Council Minutes March 4v 1997 Page 3 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. 377 378 City of Denton City Council Minutes March 4, 1997 Page 5 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. City of Denton City Council Minutes 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. 379 The Mayor closed the public hearing. 380 City of Denton city Council Minutes 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. 381 382 City of Denton City Council Minutes 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 384 City of Denton City Council?'Minutes 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 City of Denton City Council Minutes 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 385 386 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 387 388 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 390 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) 391 392 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: 393 394 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