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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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