Loading...
Minutes April 01, 1997CITY OF DENT~ON CITY COUNCIL MINUTES April 1, 1997 The Council convened into a Closed Meeting on Tuesday, April 1, 1997 at 6:00 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Cott, Durrance, and Young. ABSENT: Council Member Biles 1. The Council considered the following 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, April 1, 1997 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Cott, Durrance, and Young. ABSENT: Council Member Biles 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 January 21 and January 28, 1997. Young motioned, Cott seconded to approve the minutes as presented. On roll vote, Beasley "aye"v Brock "aye", Cott "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Mayor Miller presented the Yard of the Month Awards: John, Tonya and Berek Littmann Joseph and Paula Portugal Glenn and Sharon Jennings James and Marilyn Payne Eckerd Drug - Commercial Property Denton Florist - Downtown Business Award Mayor Miller presented the following proclamations: Blood Donor Week Fair Housing Month Keep America Beautiful Month and Glad Bag-a-thon Clean Up Day Week of the Young Child Sexual Assault Awareness Month 427 428 City of Denton City Council Minutes April 1, 1997 Page 2 3. The Council considered a request for an exception to the noise ordinance for the Denton Gospel Mission until 12:00 midnight on Thursday, April 17 and April 24, 1997. Veronica Rolen, Administrative Assistant, stated that the Denton Gospel Mission was requesting an exception to the noise ordinance for a concert in conjunction with a street closure. Council Member Young asked if this was the first time the group had asked for an exception. Rolen replied no, that the group had had an exception on previous occasions with no problems. Young motioned, Brock seconded to approve the request. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. CITIZEN REPORTS 4. Dick Stewart regarding the City of Denton's extraterritorial jurisdiction. Mr. Stewart stated that at the time he retired from Council, he decided to not get involved in city matters. It was his intention to not intrude on the Council. He felt a wrong direction was being taken regarding the extraterritorial jurisdiction (ETJ) in Denton. He understood that the Council was considering releasing some ETJ. Those areas were originally taken into the City to protect the Denton water supply, to not allow the City to be surrounded by development which was detrimental to Denton and to make sure the City would be able to extend its boundaries. At one time he took a hot air balloon ride over the City of Denton and was appalled at the sight of the amount of trash in the area. He felt that when the rain went through that trash, it would eventually end up in the City's water supply. One solution for this was to not let Denton be blocked off in any remaining direction for expansion. He suggested taking into the City all Corps property at Lake Ray Roberts and Lake Lewisville to protect those lakes. He felt it was important to k~ep the development standards up by keeping %he ETJ around the City. 5. Dessie Goodson regarding the City of Denton. Ms. Goodson was not present at the meeting. PUBLIC HEARINGS 6. The Council held a public hearing and considered adoption of an ordinance approving a detailed plan of 16.047 acres in Planned Development 34 (PD-34) for detached, single-family residential 429 City of Denton city Council Minutes April 1, 1997 Page 3 ~ ~ ..... development. The subject property was located on the west side of Mockingbird Lane, approximately 250 feet north of Christopher Drive. (The Planning and Zoning Commission recommended approval 5- 1.) Rick Svehla, Deputy City Manager, stated that this development had a long history associated with it. Originally the property had a planned development which was zoned for residential 6,000 square foot lots. In 1982 a portion of the property was zoned for SF-7 lots and a portion was zoned for 198 units of multifamily. In the last year to year and a half, the developer had been working on trying to reach an agreement with the neighborhood. After a series of meetings they were close to reaching a consensus. The proposal was for a planned development with single family detached homes on 5,000 square foot lots. The Planning and Zoning Commission recommended approval 6-0. The Mayor opened the public hearing. Greg Edwards stated that after the owners had purchased the property they became aware that the neighborhood was not in favor of the existing zoning. The developers decided to not proceed with the current zoning and requested this proposal. At the Planning and Zoning Commission meeting there were some individuals in opposition to the times of the meetings and another objection was to the two story allowance to the proposal. Area homes were able to build a two story home but chose not to. Council Member Cott asked what was the zoning when the property was purchased. Edwards stated that it was PD34 which had a detailed site plan with four-plexes and six-plexes with a private street pattern similar to what was proposed which would allow for 198 units. There was also a small community center. Council Member Cott asked if there had been any argument about that zoning. Edwards stated that the neighbors were upset with that type of zoning. Council Member Young asked about residential opposition within 200 feet of the proposal. Svehla replied that there were eight replies in opposition which was less than 10%. Council Member Young asked if this was the same area which was planned for apartments and was changed due to neighborhood opposition. 43O City of Denton City Council Minutes April 1, 1997 Page 4 Edwards replied correct. Don Carney stated that his opposition was that there was as much traffic in the area as could be handled. There were no sidewalks in the area. A bicycle and two cars could not pass at the same time. There was no curb and gutter on Mockingbird from University. The streets in the area were already crowded. If more homes were built in the areat traffic would be worse. Mockingbird was scheduled for repaving and it needed to be widened as it was too narrow for the amount of vehicle and foot traffic. Council Member Cott asked if Mockingbird was widened with improvementst would that change Carney's opposition. Carney stated no, that more residents in the area would only add to the traffic situation, even if the street were improved. Council Member Young asked about plans to do work to the street in the area. Svehla replied generally that would be required for the frontage which the proposal had along Mockingbird. Council Member Durrance asked about the concern raised regarding the building of two story homes next to single story homes. Mayor Miller suggested that these types of questions wait until the public hearing was closed. Mr. Edwards was allowed a five minute rebuttal. He stated that in the subdivision process, the developer would be providing curb and gutter and a minimum of 24' of pavement on Mockingbird with sidewalks. There was existing curb and gutter at Paisley which went to this development and the proposal would carry that on and tie into the property to the south. The proposal was a reduction in the number of allowed units on the property from 198 to 84-85. If the property was built as approved, the site plan would be better than the present request. Mayor Pro Tem Brock asked if the petitioner was a developer or would he be building the homes himself. Edwards replied that the petitioner had not decided whether to develop the property or not. He might market the property with a developer. Mayor Pro Tem Brock stated that the petitioner might be building homes or might be selling lots to individuals or other developers. Edwards replied that the petitioner was probably not planning on building the homes. He might market the property to another City of Denton City Council Minutes April 1, 1997 Page 5 431 developer to put in the improvements. Council Member Cott asked who would do the plat. Edwards stated that before homes would be built, all public improvements would have to be in and a plat approved. Council Member Young stated that the homes in the option to build a two story home but chose not to. there were any two story homes in area. area had the He asked if Edwards stated that there might be three to four which were adjacent to the development. Council Member Young asked if the proposed homes would be all two story or a mixture of sizes. Edwards stated that that would be left up to the market conditions. It was anticipated that the majority would be single story homes. The Mayor closed the public hearing. Council Member Durrance asked if there was a possibility of moving the second story homes to an inner area of the development so as to not be such a problem. Svehla replied that Council could add a condition to do that. The Planning and Zoning Commission had discussed the issue but chose not to recommend it to Council. If Council approved this planned development, the proposed site plan would be approved. Therefore, the property could be marketed that way. Before any homes were permitted to be built, a plat would have to be approved by the Planning and Zoning Commission and all public improvements in place. The following ordinance was considered: NO. 97-091 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 34 (PD-34) WITH RESPECT TO 16.047 ACRES, AS SHOWN IN THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING LOCATED ON THE WEST SIDE OF MOCKINGBIRD LANE, NORTH OF CHRISTOPHER DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN EFFECTIVE DATE. Young motioned, Cott seconded to adopt the ordinance. Council Member Beasley stated that she had been following this case when it first started with apartments in the planned development. 432 City of Denton City Council Minutes April 1, 1997 Page 6 Because this was such a drastic downzoning, she would vote in favor of the proposal. Mayor Pro Tem Brock stated that there might be some objection to lots this small but developers needed the ability to build two story homes on smaller lots. On roll vote, Beasley "aye", Brock "aye", "nay", Young "aye", and Mayor Miller "aye". 5-1 vote. Cott "aye", Durrance Motion carried with a 7. The Council held a public hearing and considered adoption of an ordinance to rezone 1.97 acres from the Agricultural (A) zoning district to the Light Industrial (LI) zoning district. This tract was located on the south side of University Drive, approximately 600 feet west of Cindy Lane, 3921 W. University Drive. (Z-97-001) (The Planning and Zoning Commission recommended approval 6-1.) Rick Svehla, Deputy City Manager, stated that this was a proposal to change zoning from agricultural to light industrial. The property was not platted at this point in time. Portions of the property began to be annexed into the City in 1970 and the property had remained agricultural until this time. Eight notices had been mailed to the surrounding landowners with one returned in favor and two returned in opposition for a 17% opposition rate. The Mayor opened the public hearing. Council Member Biles joined the meeting. Rick Gibbons stated that this would be a facility for a drug and alcohol rehabilitation center for women and women with children. There was no similar location in a section of the City which was removed from the inner City. The effort here was to not institutionalize these individuals. They were given the money to purchase the home, depending on approval of the zoning, from the Conrad Hilton Foundation as they liked the proposal. If successful, the program would be duplicated on a state wide and possibly a national level. This proposal would allow the women to stay near their children instead of having to go to a center far from their children. Council Member Cott stated that Mr. Gibbons had received $250,000 in a grant. Gibbons replied that it was only $215,000 from the Hilton Foundation which was in escrow. Council Member Cott asked how long that money would last. City of Denton city Council Minutes April 1, 1997 433 Gibbons replied that on June i it would revert back to the Hilton Foundation if he had not purchased the home. Council Member Cott asked that assuming he purchased the home, would that be a year's expense. Gibbons replied no, that he would be licensed by the Texas Commission on Alcohol and Drug Abuse and also funded with an outpatient grant with the State of Texas. Council Member Cott suggested that the City's Finance Department look at how long that money would last. Council Member Young asked how far was the closest facility. Gibbons replied Dallas which was full. Council Member Young asked how many families would be at the facility at one time. Gibbons stated that the children would have be to limited to five in the house. The house would support a total of 20 women. There were plans to remodel the two car garage which would provide two additional bedrooms. Council Member Young stated that this would be young women with children with drug and/or alcohol abuse problems. Gibbons replied correct plus pregnant women. Council Member Young asked how the children would be taken care of. Gibbons replied that he had relations with UNT and the Early Childhood Development Department to work with the residents. There would be full-time child care established. Council Member Beasley asked why the request was for light industrial rather than a different type of zoning. Gibbons stated that initially light industrial was needed for a residential treatment center and a half-way house was in the office zoning. Council Member Beasley stated that the general retail zoning or agricultural zoning could have been requested. Gibbons replied that light industrial was also requested because one of the neighbors might sell to a similar venture. Council Member Biles asked who were the present owners of the property. 434 City of Denton City Council Minutes April 1, 1997 Page 8 Gibbons replied Tony and Carol Grives. Council Member Biles stated that when the property was acquired, only a narrow scope of uses would be needed. Gibbons replied correct. Council Member Biles stated that it would be alright if the zoning were limited to that scope of uses. Gibbons replied as long as the use allowed the stated use. Tom Hardy stated that the nearest alcohol treatment facility was 3/Sth of a mile down the road and now another one was requested in the area. He felt the proposal would be detrimental for future sales of area property. Other property in the area was zoned agricultural, and if this zoning was changed to light industrial, there were more uses allowed for the property. He was in favor of helping others but was not in favor of this proposal. He did not like the idea of having his wife at home alone with this type of facility in the area. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-092 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT ALLOWING THE OPERATION OF A HALFWAY HOUSE/HOME FOR CARE OF ALCOHOLIC, NARCOTIC OR PSYCHIATRIC PATIENTS ON A 1.97 ACRE TRACT LOCATED ON THE SOUTH SIDE OF UNIVERSITY DRIVE, APPROXIMATELY SIX HUNDRED (600) FEET WEST OF CINDY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned to deny the proposal. second. Motion died for lack of a Young motioned to approve the zoning for light industrial with a condition that it be used for a halfway house and narcotic treatment facility. Mayor Pro Tem Brock asked if all other light industrial uses would be prohibited. She seconded ¢oun~i~ Mem~r ¥~ng'~ m~i~n, City Attorney Prouty stated in the past conditions had been placed on a proposal by striking a use but never pushed to where only two uses would be allowed. He felt it might be better to go through a specific use permit in an agricultural district. City of Denton city Council Minutes April 1, 1997 Page 9 435 Council Member Biles asked if the petitioner would have to reapply for that zoning. City Attorney Prouty stated no, as it was less restrictive. Council Member Biles stated that rather than going light industrial zoning, the zoning would be agricultural with specific use permits for a halfway house and a home for the care of alcoholic, narcotic or psychiatric patients. The petitioner would not go through process as the zoning was going from unrestricted to restrictive. Mayor Pro Tem Brock withdrew her second to the motion. Council Member Young withdrew his motion. He motioned, Beasley seconded for approval as per the city Attorney's suggestion. Council Member Beasley stated that if the zoning did not make any difference to the applicant then it should stay agricultural. The facility up the street was not a residence facility. This was needed in Denton. There was quite a bit of distance between the Hardy property and this proposal. Council Member Cott stated that people living next to this facility were afraid. The Council was not showing compassion to the residents. Svehla stated that if a specific use permit were requested, it would have to be a specific use permit for the current building. The petitioner had indicated that he might change the use of the garage for more residential use. If that were done, an amendment would have to be done to allow for that change. Mayor Miller suggested to include that change in the specific use permit to allow residential uses. The motion could be amended to allow for that provision. City Attorney Prouty stated that the motion could be made to allow the specific use permit any remodeling for the uses proposed. Mayor Miller asked if the maker of the motion and the second would amend the motion to allow for modifications to the facility. Council Members Young and Beasley agreed to include improvements to the facility as needed. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles "aye" and Mayor Miller carried with a 6-1 vote. "nay", Durrance "aye". Motion 8. The Council held a public hearing and considered adoption of an ordinance rezoning 11.40 acres from the Agricultural (A) zoning 436 City of Denton City Council Minutes April 1, 1997 Page 10 district to the Single Family 7 (SF-7) zoning district. The subject property was located approximately 1,500 feet south of Robinson Road, at the Denton/Corinth city limit line. (The Planning and Zoning Commission recommended approval 6-0.) Rick Svehla, Deputy City Manager, stated that this property was on the City's boundary with Corinth. This property would be in the City of Denton and when annexed was zoned agricultural. This was part of the final stages for the developer who was requesting SF7 homes. Six notices were mailed and no replies were received for or against the proposal. The Planning and Zoning Commission recommended approval with one condition for a 10 foot buffer yard consisting of specific sized trees and a fence. The Mayor opened the public hearing. Amy Homley stated that she was representing the client and would answer any questions from Council. The Mayor closed the public hearing. Mayor Pro Tem Brock stated that there were quite a few constraints about developing the area. Questions of access and flood plain would not affect the zoning issue. Svehla replied correct. Before any development could occur, a plat would have to be approved. There was a large flood plain in this area and portions of Loop 288 appeared to be on this tract. Initially the access to the property would have to be through the city of Corinth. The developer owned property in Corinth and his proposal was to begin the development in corinth and extend the infrastructure through the City of Corinth to Denton. The following ordinance was considered: NO. 97-093 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A SINGLE FAMILY 7 CONDITIONED (SF-7[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 11.40 ACRES LOCATED APPROXIMATELY 1,500 FEET SOUTH OF ROBINSON ROAD ON THE DENTON/CORINTH CITY LIMITS LINE; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Brock 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. City of Denton City Council Minutes April 1, 1997 Page 11 437 Vi~IANOES 9. The Council considered an exaction variance of Section 34- 114(17) concerning sidewalks along Spencer Road for the Waterford at Spencer Oaks. The subject property consisted of 42.613 acres in a Multi-Family 1 Conditioned (MF-i[c]) zoning district, and was located between Spencer Road and Loop 288, just east of the abandoned railroad right-of-way. (The Planning and Zoning Commission recommended denial 6-0.) Rick Svehla, Deputy City Manager, stated that the Planning and Zoning Commission had reviewed this proposal and had recommended denial. The sidewalk would be along Spencer Road. The Planning and Zoning Commission felt there were reasonable conditions for the sidewalk. One reason was the close proximity to the Rails-to- Trails right-of-way project. A second reason was that Spencer Road ran into Loop 288 with a lot of traffic. The cost per unit was very low in relation to the single family residences. Mayor Miller stated that there were two requests - one for Loop 288 and one for Spencer Road. Svehla replied that Council would only be acting on the denied portion of the variance. Council Member Biles stated that this was the multi-family proposal which the Council recently considered. The frontage on Spencer and Loop 288 was multi-family. Svehla replied correct. Council Member Biles stated that on the back side of the proposed multi-family was the railroad. Svehla replied that it was very close to the old railroad right-of- way. The tracks were no longer there. Council Member Biles asked about the Rails-to-Trails comment. Svehla stated that the Planning and Zoning Commission recommended denial of the request to not have sidewalks as it saw a logical tie with the Rails-to-Trails in this area. Beasley motioned, Biles seconded to deny the variance. Council Member Young stated that he remembered when the developer came in for approval of the proposal and indicated that they would build the sidewalks. He was shocked at their now not wanting to build them. 438 City of Denton city Council Minutes April 1, 1997 Page 12 On roll vote, Beasley "aye", Brock "aye", Cott "aye", "aye", Young "aye", Biles "aye" and Mayor Miller "aye". carried unanimously. Durrance Motion 10. The Council considered an exaction variance of Section 34- 114(17) concerning interior sidewalks for Planned Development 34 (PD-34). The subject property was located on the west side of Mockingbird Lane, approximately 250 feet north of Christopher Drive. (The Planning and Zoning Commission recommended denial 6- 0.) Rick Svehla, Deputy City Manager, stated that this was the same planned development Council just considered for zoning. The request was for no interior sidewalks. Staff did not recommend approval and the Planning and Zoning Commission denied the request. The reasons for denial included the fact that the cost was not a large factor and as the lots were 5,000 square foot lots, a need for sidewalks was indicated. Biles motioned, Young seconded to deny the variance. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 11. The Council considered an exaction variance to Section 34- l16(e) pertaining to fire flow and Section 34-116(c) pertaining to fire hydrants. This 143.027 acre tract was located in Division One of the City of Denton's extraterritorial jurisdiction on the southeast corner of Green Valley Circle and Shepard Road. (Blue Sky Estates) (The Planning and zoning Commission recommended approval 6-0.) Rick Svehla, Deputy City Manager, stated that this petition was to eliminate the fire flow requirements and the hydrant requirements. In this instance, the closest water line was four miles away which would require a large amount of money to have water to the development. There was water in the area or wells could be drilled but it would not meet the fire flow requirements. Beasley motioned, Brock 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. 12. The Council considered an exaction variance to Section 34- 114(17) concerning sidewalks for the Connell Addition. The 20.345 acre tract was located on the north side of Hickory Creek Road, west of FM 2181. (The Planning and Zoning Commission recommended approval 6-0.) Rick Svehla, Deputy city Manager, stated that the applicant was asking for a sidewalk variance due to the width of the two lots in city of Denton City Council' MinUtes April 1, 1997 Page 13 439 the development. One lot was very long, almost 400 feet. The Planning and zoning Commission had reviewed the request and had recommended approval. Council Member Beasley asked about the cost to put in that sidewalk. Svehla replied that it would be approximately $3,400. Council Member Beasley asked if there was any other sidewalks to connect with. Svehla replied that there were sidewalks further to the west and McNair School was on this road. On the north side of Hickory Creek Road was the Oaks of Montecito. Staff had had discussions with the owner of the lots between the proposal and the Oaks of Montecito. He was planning on building half acre lots with an indication that he would be agreeable to building sidewalks. Brock motioned, Durrance seconded to deny the variance due to the fact that the property was in a critical area near a school. Council Member Cott stated that this was a unique situation as the area had a child use to the school. Under those conditions he felt the DISD should pay for part of the sidewalks. Council Member Beasley stated that the whole area was developing and felt it was necessary to have sidewalks in the area. She would support the motion. Council Member Biles stated that he would support the motion to deny. Council Member Young stated that in time the sidewalks would be needed for children going to school. Mayor Miller stated that there was a comment in the back-up materials about some large trees which would be in the way for the sidewalks. Svehla replied that the sidewalks could probably go around those trees. There would be a requirement for a dedication of right-of- way for extra space. Bill Coleman stated that the purpose of the variance was that it would be a family project and the remainder of the tract would not be developed. Most of the remainder of the property was in a flood plain with a large drainage area. For a sidewalk to connect to anything else it would have to be bridged across the drainage area. 440 City of Denton City Council Minutes April 1, 1997 Page 14 Svehla stated that a cost estimate for a bridge over the drainage area had not been done. Some sort of crossing was currently in place. If Council desired, a cost analysis could be done. Some sort of culvert structure was currently in place. Mayor Miller stated that he was a strong advocate for sidewalks in the City. He noticed on this proposal, both staff and the Planning and Zoning Commission recommended approval. The back-up materials stated that the development in the area would be on the other Side of the street and probably would have sidewalks on that side of the street. He questioned the likelihood about this property connecting to other sidewalks. Svehla stated that staff recommended denial while the Planning and Zoning Commission recommended approval. Mayor Pro Tem Brock stated that there had to be a beginning for a sidewalk somewhere in the area. She felt there would be development in the area which would eventually adjoin this development. On roll vote, Beasley "aye", Brook "aye", Cott "nay", "aye", Young "aye", Biles "aye" and Mayor Miller "nay". carried with a 5-2 vote. Durrance Motion CONSENT AGENDA Council Member Cott asked for separate consideration for Item #14. He felt that the request was for a lot of money for the furniture for this building. Mayor Miller stated that he was on the task force regarding the renovation. The money was in the budget and the proposal was under budget for furniture. Council Member Cott asked for a separate consideration of Item #19. Mayor Miller asked for a vote on #14. The following ordinance was considered: NO. 97-095 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 #2014 - Furniture Bid - City Hall Renovation) Beasley motioned, Biles seconded to approve Item #14. City of Denton city Council Minutes April 1, 1997 Page 15 Council Member Cott stated that his point was why this building was chosen and this Council to make a quality stand on what was going into the building. Other costs were trying to be kept down and here there was a lot of money for furniture. On roll vote, Beasley "aye", Brock "aye", Cott "nay", "aye", Young "aye", Biles "aye" and Mayor Miller "aye". carried with a 6-1 vote. The following ordinance was considered: NO. 97-100 Durrance Motion AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS REQUIRED, TO OBTAIN FUNDING FOR THE 1997 SUMMER FOOD SERVICE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to approve Item ~19. Council Member Cott questioned how the schools were chosen. Why were not all of the schools done. Janet Simpson, Superintendent of Leisure Services, stated that the elementary schools were chosen by the DISD which rotated where the summer sites would be and where summer school was held. That was where the lunch program was held. Council Member Cott asked why all the schools were not done. Simpson stated that this was just for the summer school session and only two locations were chosen each year. The other sites were not open. On roll vote, Beasley "aye", Brock "aye", Cott "aye", "aye", Young "aye", Biles "aye" and Mayor Miller "aye". carried unanimously. Durrance Motion Council Member Young asked for a discussion of Item #17. The playground equipment was for the Fred Moore Park, Mack Park, and Phoenix Park. Tom Shaw, Purchasing Agent, stated that Item #1 was for Fred Moore and for McKenna Park. Item #2 was for Phoenix and Item #3 was for South Lakes Park. Biles motioned, Durrance seconded to approve Consent Agenda Items #13, #15, #16, #17 and #18 and the underlying ordinances. 442 City of Denton City Council Minutes April 1, 1997 Page 16 Council Member Young asked about the funding for the equipment. Shaw stated that CIP funds were set aside for the equipment and also the Phoenix equipment was being funded with CDBG funds. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 13. NO. 97-094 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 #2001 - Tractor, Loader, Box Blade, Mower - Items 2, 2A and 2B) 14. Item #14 was considered earlier. 15. NO. 97-096 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 #2017 - Distribution Transformers) 16. NO. 97-097 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 #2019 - Trailer Mounted Boring Machine) 17. NO. 97-098 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 #2029 - Playground Structures) 18. NO. 97-099 AN ORDINANCE OF TH~ ¢IT¥ OF DENTON, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; REPEALING ALL PRIOR INCONSISTENT ORDINANCESAND RESOLUTIONS TO THE EXTENT OF ANY SUCH CONFLICT; AND DECLARING AN EFFECTIVE DATE. city of Denton city Council Minutes April 1, 1997 Page 17 443 19. Item #19 was considered earlier. IT~ FOR INDIVIDUAL CONSIDERATION 20. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment Number Four to the agreement between the City of Denton and HDR Engineering, Inc. for professional engineering services for the City of Denton Sanitary Landfill Development relating to Phase III and Phase IV thereof; and providing for the expenditure of funds therefor. Howard Martin, Director of Environmental Operations, stated that staff was requesting Council consideration and approval of Amendment #4 to the existing HDR contract for public hearing activities and expert testimony in the upcoming administrative hearings and for the design, engineering and construction associated with Cell 1 for the proposed landfill in amount of $298,000. Of the $298,000, $92,600 was associated with the public hearing activities and $205,400 was associated with the design, engineering and construction services associated with the construction of Phase I. It was expected that 860 manhours of time would be required for issues associated with the landfill construction. Phase 4 activities included four major tasks - construction plans, bid administration, construction and related activities, and project management and administration. The original proposal subtracted out surveying activities which staff could do and minimized the HDR project management expense by using the City's own project manager for daily on-site activities. Construction activities would be largely subcontracted out for soil and liner testing and quality control. Phase 4 would not be started unless the TNRCC permit was received. Council Member Young asked how many years were left in the current landfill. Martin stated that it would be full by October/November of 1998. Council Member Young asked how far into the future would the new landfill go. Martin replied that it would last approximately 30-50 years depending on how aggressive the City was in recycling. Council Member Young asked what effects the landfill would have on the deep water wells in the area. Martin stated that much of the development for current landfills under current regulations dealt with minimizing the impact on ground water. The landfills today were the safest landfills thus far. There were many techniques today to protect ground water. 444 City of Denton City Council Minutes April 1, 1997 Page 18 Council Member Young stated that there would be no effects on deep water wells. Martin replied correct. Council Member Beasley asked when the City could anticipate the TNRCC hearing. Martin stated that the City was working with the Chief Clerk's Office and it was expected to have the hearing scheduled at any time. A notification would set a 30 day process in place for notice. Wilma Haggard stated that the people in the area were concerned that the City was already working on the landfill. The City did not have a meeting with the State which was supposed to be in September. Mayor Miller stated that there would be a public hearing as quickly as possible but that was done through the State. Council Member Young asked that the city set up a meeting with people in the area to brief them on where they were in the process and to address their concerns. Martin stated that staff had already done that and outlined a schedule of events which was not holding to the anticipated time frame. The following ordinance was considered: NO. 97-101 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER FOUR TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CITY OF DENTON SANITARY LANDFILL DEVELOPMENT RELATING TO PHASE III AND PHASE IV THEREOF; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Cott 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. 21. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services agreement with Emcon, Inc. regarding services related to preparation for Texas Natural Resource Conservation Commission Administrative Hearing for landfill permit; and authorizing the expenditure of funds therefor. 445 city of Denton City Council Minutes April 1, 1997 "< Page 19 Howard Martin, Director for Environmental Operations, stated that this contract was for $17,150 for expert testimony in the upcoming public hearings. Emcon was the firm which conducted the geological and hydrogeological investigation of the site. Actual labor and direct expenses might vary from the estimate depending on the nature of the hearing, the length and complication of the hearing. The following ordinance was considered: NO. 97-102 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EMCON, INC. ("EMCON") REGARDING SERVICES RELATED TO PREPARATION FOR TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ADMINISTRATIVE HEARING FOR LANDFILL PERMIT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDINGAN EFFECTIVE DATE. Biles motioned, Durrance seconded to adopt the ordinance. 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. 22. The Council considered adoption of an ordinance authorizing the City Manager to execute an employment contract for professional legal services with Kelly, Hart & Hallman, P.C. for legal services relating to the amendment to the City of Denton's Municipal Solid Waste Permit No. 1590A and related activities; and authorizing the expenditure of funds therefor. Howard Martin, Director of Environmental Services, stated that this firm would provide legal representation at the upcoming public hearing. The firm had been used previously and would do a good job. The following ordinance was considered: NO. 97-103 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH KELLY, HART &HALLMAN, P.C. FOR LEGAL SERVICES RELATING TO THE AMENDMENT TO THE CITY OF DENTON'S MUNICIPAL SOLID WASTE PERMIT NO. 1590AAND RELATED ACTIVITIES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Durrance 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. 446 City of Denton City Council Minutes April 1, 1997 Page 20 23. The Council considered adoption of an ordinance authorizing the City Manager to execute a first amendment to the contract for professional legal services with the law offices of Jim Boyle; authorizing the expenditure of funds therefore; and providing a savings clause. Bob Nelson, Executive Director for Utilities, stated that this contract would provide additional services to help the City with work with the State legislature regarding deregulation in Austin. These services were needed to help protect the City's financial interest in its utility. The following ordinance was considered: NO. 97-104 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Beasley seconded to adopt the ordinance. Council Member Cott suggested keeping in touch with the area's legislators. Mayor Miller stated that this was something which the City was working on very closely with its legislators. Council Member Young stated that he had heard some concern from the legislators that the City was going over their heads with the lobbyists. Mayor Miller stated that the impact of this issue on the City was approximately $300 million and the Council had an obligation to do the best job it could for its citizens. This was not about trust or confidence in legislators but the City must do the best it could. Council Member Durrance stated that Denton was doing this in a cooperative effort with other cities such as Garland. Council Member Cott stated that this was only one interest and the City needed to work with the State legislators very closely. The city should not pa~s those individuals by, Mayor Miller stated that the City would not pass them by. It was bringing them into the situation. city of Denton City Council Minutes April 1, 1997 Page 21 447 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. 24. The Council considered a resolution approving the assignment by Bruce Brown of the "Tract A" lease of airport property to Dwayne E. Hatcher and David W. Austin, said property consisting of 19,122.84 square feet. Linda Ratliff, Economic Development Director, stated that this resolution would assign the Brown property to Austin and Hatcher. All existing terms and conditions would remain the same. The Airport Advisory Board recommended approval. The following resolution was considered: NO. R97-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE ASSIGNMENT BY BRUCE BROWN OF THE "TRACT A" LEASE OF AIRPORT PROPERTY TO DWAYNE E. HATCHER AND DAVID W. AUSTIN, SAID PROPERTY CONSISTING OF 19,122.84 SQUARE FEET; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Durrance 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. 25. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 26. There was no official action on Closed Meeting Items. 27. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Biles requested a work session item regarding a proposal to amend the sign ordinance to adopt the scenic highways legislation designating 5 areas - Loop 288 from Highway 380 to 1-35; 1-35E from the Corinth city limits to the junction of 1-35 east and west; 1-35W from the Argyle City limits to the junction of 1-35 east and west; 1-35 from the junction of 1- 35 east and west to the north city limits; and Highway 380 from city limits to city limits. The City would pursue the TxDOT recommendations and also explore the possibility of eliminating appeals to the Sign Board looking at the distinctions between developed and undeveloped land. 448 City of Denton City Council Minutes April 1, 1997 Page 22 B. Council Member Durrance requested a report regarding the impact on fire, police, etc. following the first race. C. Council Member Young requested a cost estimate for drainage on Pecan Creek off San Gabriel. D. Mayor Pro Tem Brock stated that April 12th was clean up day on the Council's adopt-a-spot. E. Mayor Pro Tem Brock requested a re-study of the park dedication ordinance and the possibility of forming a task force to study the issue. 28. There was no continuation of Closed Meeting~. With no further business, the meeting was adjourned at 10:20 p.m. CIT~SECR~ETARY CITY OF DENTON, TEXAS ACC0037A