Minutes May 06, 1997CITY OF DENTON CITY COUNCIL MINUTES
May 6, 1997
The Council convened into a Regular Meeting on Tuesday, May 6,
1997, at 7:00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance to the U.S. and Texas flags.
2. The Council considered approval of the minutes of February 25,
1997 and March 4, 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.
The Mayor presented the following proclamations:
Drinking Water Week
Emergency Medical Services Week and Trauma Awareness Month
Texas Girl's Choir Day
Elk's National Youth Week
National Safe Boating Week
Community Food Bank Inc. Month
Arson Awareness Month
Stroke Awareness Day
Mayor Miller presented the following Yard of the Month Awards:
Armando and Victoria Pena
Sidney and Dorothy Hamilton
James and Mildred Purser
Salty and Joann Rishel
McDonald's - University Drive
Ken's Produce
3. Presentation of graduation certificates to 19 utility line
technicians by the United States Department of Labor.
Jason Turner, Safety Coordinator, stated that this program was
started three years ago to focus on safety, technical expertise and
to provide the best customer service possible to the citizens of
Denton. An outside source was requested to validate the quality of
their efforts which was done through the United States Department
of Labor. The program included classroom training and on-site
training.
4. Presentation of "Certificate of Achievement for Excellence in
Financial Reporting" award by the Government Finance officers
Association of the United States and Canada (GFOA).
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May 6, 1997
Page 2
Mayor Miller presented
excellence in financial
Director for Finance.
the Certificate of Achievement for
reporting to Kathy DuBose, Executive
Jane Jenkins presented Mayor Miller with a book outlining Denton
Main Street's contributions and awards.
5. The Council received a report from Cindy Vance regarding the
results of the city of Denton Blood Drive.
Ms. Vance stated that the first city of Denton employee blood drive
was a huge success. She presented a certificate on behalf of the
American Red Cross for the 170 pints of blood donated.
CITIZEN REPORTS
6. The Council received a citizen report from Dessie Goods°n
regarding the City's sign and pet ordinances.
Ms. Goodson was not present at the meeting.
NOISE EXCEPTIONS
7. The Council considered a noise exception for Melodica Festival
from 6:00 p.m. until 2:00 a.m. Thursday, May 8, 1997, through
Sunday, May 11, 1997, at the ARGO, 1217 W. Oak.
Veronica Rolen, Administrative Assistant, stated that this was a
request for the second annual festival. The four-day festival
would feature artists from around the area.
Council Member Beasley asked about the number of neighbors in the
area.
Rolen stated that this was in the Fry Street area which was
surrounded mostly with commercial but with a few residences in the
area.
Young motioned, Brock seconded to approve the request. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
8. The Council considered a noise exception for Lee Lewis
Construction, Inc. to pour concrete on ten occasions between mid-
May 1997 and October 1997 at 1900 Jason Drive starting at 5:00 a.m.
Veronica Rolen, Administrative Assistant, stated that this request
was to pour concrete at the site of the new middle school. Slabs
would be poured at 5:00 a.m. on ten occasions. A 48-hour notice
would be given to the City Manager's office before the beginning of
an early morning pour.
Council Member Young asked if the residents had been contacted.
city of Denton city council Minutes
May 6, 1997
Page 3
Mr. Greg, Lee Lewis Construction, stated that most of the residents
had left for work before he was able to contact them.
Council Member Young asked if anyone had indicated a concern.
Rolen stated that there had been no calls or concerns regarding the
proposal.
Mayor Pro Tem Brock stated that this would be the pouring and not
mixing of the concrete at this time.
Rolen stated that the concrete would be already mixed and the only
equipment on site would be a pump truck and a dump truck with no
excessive lighting. Any extra lighting would be directed towards
the work site and away from the residences.
Young motioned, Brock seconded to approve the request.
Council Member Cott asked what kind of quality control was
available to make sure the firm would do what they said they would
be doing.
city Manager Benavides stated that the pours would be on ten
separate occasions. If the contractor was not doing what he said
he would do, staff would report back to Council.
Mayor Pro Tem Brock suggested that staff notify the manager of the
apartments or homes closest to the site so that they would know
what was going on.
Mayor Miller stated that the Council could revisit the request if
conditions became unacceptable.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously.
9. The Council considered a noise exception for Terry Shepard
until 12:00 midnight on Friday, May 16, 1997 at the North Texas
State Fairgrounds for a graduation dinner and dance.
Veronica Rolen, Administrative Assistant, stated that this request
was for a graduation party at the Fairgrounds.
Mayor Pro Tem Brock asked if this was going to be an outdoor party.
Rolen stated no that it would be inside the Fair Hall.
Beasley motioned, Brock seconded %0 approve the request. 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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May 6, 1997
Page 4
PUBLIC
-- il held a public hearing and considered adoption of _~._
10. The counc .... =~-~nce 83-110 (PD-63) to reduce the
an ordinance ..... ~v nv m 25 feet to 16 feet for Lots 4B
required front yaru ~=u~=~ ~_o .
through 7B, Block 2, of the snider Addition section 1, and the rear
yard setback from 15 feet to 10 feet for Lots 6A through 7B, Block
2 of the snider Addition Section. The subject property was located
on the north side of U.S. 77, west of Windsor. (The Planning and
Zoning commission recommended denial 6-0.)
Rick Svehla, Deputy city Manager, stated that this was one of three
variances for this site. council approve~ a variance for a ~mall
building encroachment at the last meeting. These two variance
requests were being appealed because the Planning and Zoning
Commission had denied the requests. This particular request was
for a reduction in the front yard from 25' to 16' and in the rear
to the specific floor plan which was being
yard from 15' to 10'tdh~earea residents had Concerns regarding the
proposed. Some of
request. The Planning and Zoning Commission felt that there was
ample room on the lots and the petitioner kneW what the lots were
when purchased.
The Mayor opened the public hearing.
No one spoke in favor.
susan volgamore stated that although she was not within 200 feet of
d a concern as the developer also owned the
the proposal,_.she ~a .......... t~,. She was concerned abo~.a
vacant lot a~]acen~ ~ ner~[~ ~tion. She felt that this
precedent which would De se= in ~= ~ookie cutter appearance.
proposal would give the neighborhood a
Changing the front setback to 16 feet would allow a car to block
. ' uld not be safe for young children on ~he
the sidewalk w~lch ~o._~: ..... ~] d for a minimum of 18 foot wide
to provide for off- =r e highway.
~tback'would allow the homes ~o De mu~xu ~ future. She
This section of Highway 77 would be redone in the near
· it to make the deed restriction clear to the
desired the C y ...... 4~=,,~a d construction began. She
developer before permits w=~= ...... an abide by the existing
felt it was best for the developer to
conditions set in the property deeds.
Randy smith stated that he was representing his aunt who lived near
the proposal. Her position was against the requested variance for
the front setbacks. With that proposal, one lot would stick out
from all the other homes in the area. His aunt felt that moving
the homes closer to the street would reduce property values in the
area. The builder should change the design of the homes instead of
trying to design all the homes the same and not request these
variances. He requested that council do the right thing and not
allow the variance.
The Mayor closed the public hearing.
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city of Denton city council Minutes
May 6, 1997
Page 5
Beasley motioned, Biles seconded to deny the request.
council Member Beasley stated that she had looked at the property
and felt it was a small area and not conducive to building close to
the street. She felt that the developer should build a different
type of home to accommodate the lots.
"aye", Durrance
On roll vote, Beasley. "aY~i', ~r~Cn~ ~Y~e~'r' cott
Miller "aye". Motion
"aye", Young. "aye" ,. B~e~ue's%Y~en~ed' z
carried unanimously
11. The council held a public hearing and considered adoption of
an ordinance approving a detailed plan of 8.99 acres in Planned
Development 104 (PD-104). The subject property was located on the
south side of Hobson Lane, approximately 500 feet east of country
Club Road. (The Planning and zoning commission recommended
approval 7-0.) · Manager, stated that this was a request
Rick svehla, Deputy City ........ ~ which was approved several
for a change in the Planned
years ago. This request met all of the normal criteria for a low
intensity area. The number of lotS was less than what was
previously approved. The Planning and zoning Commission
recommended approval.
Mayor Miller asked if this would be a gated communitY'that and it
. ated community, with a gated
Svehla stated that there had been discussions about
~ ared that it would b~_a~3~ ~ the development w~u~d ~
~e .- ~^ ~n ernal ~° -~ ~.~ ~ ion DU~
COmm Y' ...... there was ore . ' ..... wn their
private, grl~na~_ of th~ proposal nad. wl~nu£~.
nei hbors to the ~t . _~14~o a'simgle majority vote o~
opposition which would on£y ~qu
council.
The Mayor opened the public hearing.
Greg Edwards stated that the developers were trying to improve on
half acres of adjacent property
.... :-~-~ site plan. Two an? a ~ ~,~nsitv allowed on that
had been ad~e~ uu .... .~ L~ ~n ,~nits but the
additional acreage woui~ ~= ~- -
proposing to add one additional residential site. The other lot
would be a homeowners lot to facilitate the transfer of the roads
and amenities to the homeowners association- There was no decrease
of the amenities on the property but rather increased such items as
the fencing requirements.
council Member cott stated that zoning went with the land and not
with the homeowners association.
Edwards stated that two lots were created in this parcel which
would be transferred to the homeowners association- The zoning was
not to be transferred but rather those two lots.
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City of Denton city Council Minutes
May 6, 1997
Page 6
Council Member Beasley stated that there were comments indicating
that the proposal was in a flood plain.
Edwards stated that the flood plain area was to the west of the
property. Those issues would be addressed during the platting
process. At this point in time, no lots were in the flood plain.
Council Member Biles stated that the difference in the two planned
developments was that direct access was eliminated from Hobson
Lane.
Edwards stated that was correct.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 97-121
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE 85-256,
AS AMENDED, TO PROVIDE FOR APPROVAL OF A DETAILED PLAN
FOR 8.99 ACRES THEREIN AS SHOWN IN THE ATTACHED DETAILED
PLAN, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH
SIDE OF HOBSON LANE, APPROXIMATELY 600 FEET WEST OF
COUNTRY CLUB ROAD (F.M. 1830); PROVIDING A~ SAVINGS
CLAUSE; PROVIDING FQR A PENALTY IN THEMAXIMUMAMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young 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.
Vi%RIANCES
12. The Council considered an exaction variance of Section 34-
114(17) concerning perimeter sidewalks for a detailed plan of 8.99
acres in Planned Development 104 (PD-104). The subject property
was located on the south side of Hobson Lane, approximately 500
feet east of Country Club Road. (The Planning and Zoning
Commission recommended approval 6-1.)
Rick Svehla, Deputy City Manager, stated that this was the same
planned development which was considered during the public
hearings. Normally sidewalks would be required ~n both ~ide~ of
the street. Considering that the internal access would be on a
private street, there would be no need for sidewalks on the public
street. Sidewalks along the flood plain side would allow for access
to future parks and greenbelts.
City of Denton City Council Minutes
May 6, 1997
Page 7
Young motioned, Beasley 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.
13. The Council considered an exaction variance of Section 34-
114(5) concerning perimeter paving. The subject property consisted
of 13.401 acres, was in the Light Industrial (LI) zoning district,
and was located on the west side of Mayhill Road, approximately
1,000 feet south of McKinney Street. (The Planning and zoning
Commission recommended approval 7-0.)
Rick Svehla, Deputy City Manager, stated that this request dealt
with perimeter street paving. There were two lots associated with
this proposal. One lot would be dedicated to the City as it was
fully located in the flood plain. The other lot would be
developed. The Subdivision Rules and Regulations required
perimeter street paving along Mayhill. Currently Mayhill Road did
not have curb and gutter. It was felt that this might not be
useful in this area as the rest of the property in the area did not
have this type of paving.
Mayor Miller stated that part of the condition of the variance was
that the developer would pay $12,400 for the paving of Mayhill
Road.
Svehla replied correct.
Council Member Beasley asked about the lot which would be given to
the City.
Svehla stated that the proposal started with 13 acres of land. The
lower lot was totally in the flood plain. Because the subdivision
regulations only allowed lots which could be developed to be
platted, the developer could not plat the lower lot unless the
developer could guarantee that it would never be developed. A way
to do that was to deed the property to the City.
Council Member Durrance stated that Mayhill was a very heavily
travelled street.
Svehla replied correct.
Council Member Durrance stated that the City would have to do work
there anyway due to traffic problems in the area.
Svehla replied correct.
Council Member Young asked if there was a time f~am~ fo~ doing
something with the bridge and creek in the area.
Svehla replied that those were currently not in the CIP. The
projects had been looked at but currently there was no money in the
CIP for the bridge.
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city of Denton city council Minutes
May 6, 1997
Page 8
Durrance motioned, Biles seconded to approve the variance request.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously.
14. The council considered an exaction variance of section 34-
114(17) concerning sidewalks for Rancho Del Lago. The subject
property was in the Agricultural (A) zoning district, consisted of
cres and was located between U.S. 380 and McKinney
735.892 ~ .... Limatelv 6,000 feet east of Mayhll~ Road. (The
~v~ ~ ' of a partial
Street, aPP ..... ~.~, recommended approvax
Planning and zoning ~UZLUL~o~
variance 7-0.)
Mayor Miller indicated that Items 14-16 would be considered at the
same time.
Rick Svehla, Deputy city Manager, stated that the whole area was
recently downzoned from a planned development with high intensity
and density to agriculture zoning with minimum of one-acre lots.
This would be a long narrow estate kind of development- Most of
the lots were 2-5 acres in size. The first variance dealt with
sidewalks. The applicant was requesting a variance to all
sidewalks. Staff was in agreement with that request except for one
situation. A major secondary arterial was planned in this area
which would result in more traffic in the area. Because of that,
staff felt it was important to have sidewalks on at least one side
The second variance was for drainage-
of the d~lo~-lar~e drainage structure? ~orm.%~lY_
Channels ~u ....... ~ .......... t to help wl~n ~ru~vn
concrete bottom or some type
Because the proposal was the last subdivision before the main water
courses moved into the lake, all of the drainage would have been
collected upstream. The petitioner would like to leave the
channels natural. The third variance was for lot length.
Currently the requirement was for a 1,200 maximum lot length
between side streets. These lots had lot frontage in excess of 200
feet. At 200 feet of frontage there would only be six residents on
each side of the street. Normally in 1200 feet there would be 24-
30 lots.
council Member Durrance stated that there would be sidewalks
on one side of the street.
Svehla replied correct.
council Member Durrance stated that the City would acquire the
maintenance costs for drainage areas which were not improved.
Svehla stated that once those were dedicated to the city, the city
would maintain them.
council Member Durrance asked what would be the fiscal impact for
that area.
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city of Denton city council Minutes
May 6, 1997
Page 9 ~i~..
svehla replied that it would be minimal. The drainage water would
not be a factor.
council Member Durrance asked if the Fire Department was in
agreement with the placement of the fire hydrants.
Svehla replied correct.
council Member Durrance stated that the developer understood that
some of the lots might have a fire hydrant in the middle of the
lot.
Svehla replied correct that that was done now to meet the
requirements of the 600 foot spacing.
Brock motioned, Biles seconded to approve a partial variance as
reco~m~ended by the Planning and Zoning commission for Item #14 and
approve the variances for Items #15 and #16. On roll vote, Beasley
,,aye", Brock ,'aye", Cochran "aye", Durrance "nay", Young ,,aye",
Brock "aye" and Mayor Miller "aye". Motion carried with a 6-1
vote.
15. The council considered an exaction variance of section 34-
124(e) concerning drainage design standards. The subject property
was in the Agricultural (A) zoning district, consisted of 735.892
acres,· and was located between U.S. 380 and McKinney street,
approximately 6,000 feet east of Mayhill Road. (The Planning and
zoning Commission recommended approval 7-0.)
This item was considered with Item #14.
16. The council considered an exaction variance of section 34-114
(8)(c) concerning the maximum block length. The subject property
· 't
was in the Agricultural (A) zoning dlstrlc , consisted of 735.892
acres, and was located between U.S. 380 and McKinney street,
approximately 6,000 feet east of Mayhill Road. (The Planning and
zoning Commission recommended approval 7-0.)
This item was considered with Item #14.
CONSENT ~GENDA
council Member Young asked to discuss Items #19, #21, and #22.
council Member Young asked if Item #19 was an additional street
sweeper.
Danise Harpool, senior Buyer, stated that it would be an addition
to the motor pool.
council Member Young asked about Item #21 which was the activity
stage at Fred Moore Park. If approved, how long would it be before
construction started.
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city of Denton city council Minutes
May 6, 1997
Page 10
Harpool stated that normally a contract would be signed and
returned within 15 days with construction starting after that.
Council Member Young asked if Item #22 was new playground equipment
for Fred Moore Park.
Harpool replied correct.
Mayor Pro Tem Brock asked if any other park would be receiving
equipment.
Harpool indicated that the equipment was for the Fred Moore and
McKenna Park sites.
City Manager Benavides pulled Item #24 from consideration.
Biles motioned, Young seconded to approve the Consent Agenda and
accompanying ordinances e~cept for Item #24. On roll vote, Beasley
"aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously.
17. NO. 97-122
AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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 #2025 - Preventive Auto Maintenance)
18.
19.
20.
NO. 97-123
AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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 #2030 - 2500 KVA Transformers)
No. 97-124
AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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 #2038 - Self-Propelled Road Sweeper)
NO. 97-125
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. (RFSP #2008 - Automated Recreation
Management System)
city of Denton city council Minutes
May 6, 1997
Page 11
489
NO. 97-126
21.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR
THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FORAN EFFECTIVE DATE. (Bid #2043 - Fred Moore
Park Activity Stage)
NO. 97-127
22.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR
THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR iMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2046 - Fred Moore
Park/McKenna Park site Improvements)
NO. 97-128
23.
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. #74512
- AMS Pump)
24. Pulled from conslderatlo
NO. 97-129
25.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
iNTERLOCAL AGREEMENT WITH THE CITY OF LEWISVILLE RELATING
TO PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS
WHICH PROVIDE FOR THE pURCHASE OF VARIOUS GOODS AND
SERVICES; AND DECLARING AN EFFECTIVE DATE.
IT~ FOR INDIVIDUAL CONSIDERATION
26. The council considered adoption of an ordinance annexing a
286.57 acre tract located north of Brush creek Road and east of
U.S. Highway 377; and establishing temporary agriculture "A" zoning
district classification- (A-75)
Rick Svehla, Deputy city Manager, stated that this was the final
reading of this annexation. The site was located on the
southwestern end of the city.
The following ordinance was considered:
NO. 97-130
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A
TRACT COMPRISING 286.57 ACRES, LOCATED NORTH OF BRUSH
CREEK ROAD AND EAST OF US HIGHWAY 377; TEMPORARILY
CLASSIFYING THE ANNEXED PROPERTY AS "A", AGRICULTURAL
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City of Denton City Council Minutes
May 6, 1997
Page 12
DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN
EFFECTIVE DATE.
Brock motioned, Biles 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.
27. The Council considered adoption of an ordinance authorizing
the City Manager to execute an amendment to the commercial operator
airport lease agreement between the City of Denton and Bruce Brown
which was assigned per Resolution No. R97-015 to Dwayne E. Hatcher
and David W. Austin to allow for refinancing of the improvements
within such lease.
Linda Ratliff, Director of Economic Development, stated that this
ordinance amended the lease between the City and Bruce Brown. On
April 1, Hatcher and Austin assumed the existing Brown lease. The
existing lease provided that any person or institution which loaned
money to the lessee for the construction of improvements could
operate or manage the improvements should the lessee default. In
this situation, the improvements had already been made so the
Hatcher/Austin bank required an amendment to the lease to indicate
that any person or institution that loaned money for construction,
purchase and/or refinancing of the improvements, could operate or
manage the improvements should the lessee default.
The following ordinance was considered:
NO. 97-131
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE COMMERCIAL OPERATOR AIRPORT LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BRUCE
BROWN WHICH WAS ASSIGNED PER RESOLUTION NO. R97-015 TO
DWAYNE E. HATCHER AND DAVID W. AUSTIN TO ALLOW FOR
REFINANCING OF THE IMPROVEMENTS WITHIN SUCH LEASE; AND
PROVIDING AN EFFECTIVE DATE.
Biles 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.
28. The Council considered adoption of an ordinance authorizing
the City Manager to execute an airport lease agreement between the
City of Denton and Ezell Aviation, Inc. for approximately 8.2 acres
of property located a% the Den%on Municipal Airport, which preempts
the lease assigned per Resolution No. 97-020 to Ezell Aviation,
Inc. from Fox-51 Limited.
Linda Ratliff, Director of Economic Development, stated that this
was a new lease with Ezell Aviation. On April 15th, Ezell assumed
City of Denton city Council Minutes
May 6, 1997
Page 13
the Fox-51 lease and this ordinance outlined the additional
property included in the lease and the improvements.
The following ordinance was considered:
NO. 97-132
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND EZELL AVIATION INCORPORATED FOR APPROXIMATELY 8.2
ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL
AIRPORT, WHICH PREEMPTS THE LEASE ASSIGNED PER RESOLUTION
NO. 97-020 TO EZELL AVIATION, INC. FROM FOX-51 LIMITED;
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.
29. The Council considered adoption of an ordinance authorizing
the City Manager to execute a contract for child abuse prevention
services with Children's Trust Fund and with the Denton Family
Resource Center, Inc. as a subcontractor, to provide a family
resource center and to make application to the Children's Trust
Fund of Texas to obtain a grant for a family resource center;
ratifying the actions of the City Manager, City Attorney, and other
officials of the City in regard to this grant application.
Rick Svehla, Deputy City Manager, stated that this was the
culmination of one of the Vision projects. This ordinance would
authorize a contract with the Children's Trust Fund in which the
City would be acting as a fiscal agent to receive the funds and
subcontract with a family resource center to provide the services.
The following ordinance was considered:
NO. 97-133
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR CHILD ABUSE PREVENTION SERVICES WITH THE
CHILDREN'S TRUST FUND AND WITH THE DENTON FAMILY RESOURCE
CENTER, INC., AS A SUBCONTRACTOR, TO PROVIDE A FAMILY
RESOURCE CENTER AND TO MAKE APPLICATION TO THE CHILDREN'S
TRUST FUND OF TEXAS TO OBTAIN A GRANT FOR A FAMILY
RESOURCE CENTER; RATIFYING THE ACTIONS OF THE CITY
MANAGER, CITY ATTORNEY, AND OTHER OFFICIALS OF THE CITY
IN REGARD TO THIS GRANT APPLICATION; AND PROVIDING AN
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.
491
492
city of Denton city council Minutes
May 6, 1997
Page 14
30. The council considered adoption of an ordinance authorizing
the city Manager to execute an agreement with the Texas Department
of Transportation for improvements to Eagle Drive at Bell Avenue,
Eagle Drive at carroll Blvd. and Eagle Drive between Avenue A and
IOOF under the congestion Mitigation and Air Quality improvements
Program.
Rick Svehla, Deputy city Manager, stated that this ordinance and
the next two ordinances were part of the congestion mitigation
program. The first was a continuous left turn lane from IOOF to
Avenue A on Eagle Drive.
The following ordinance was considered: NO. 97-134
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO EAGLE DRIVE AT BELL AVENUE, EAGLE DRIVE
AT CARROLL BOULEVARD, AND EAGLE DRIVE BETWEEN AVENUE A
AND IOOF UNDER THE CONGESTION MiTIGATION AND AIR QUALITY
iMPROVEMENT PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. ,~n roll
, cott "aye", Durrance aye , Young
vote, Beasley "aye", Brock "aye" Miller "aye". Motion carried
"aye", Biles "aye" and Mayor
unanimously.
31. The council c°nsidered adoption of an ordinance authorizing
the City Manager to execute four agreements between the city of
Denton and the Texas Department of Transportation for the study and
improvement of four intersections within the city limits of Denton.
Rick svehla, Deputy city Manager, stated that this was the same
kind of program as Item #30. Item ~30 would have 80% State money
and 20% city money. This agreement was for turn lanes at four
different locations.
council Member Beasley stated that the city's match would be from
bond funds and were to help mitigate pollution in traffic.
The following ordinance was considered: NO. 97-135
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY
OF DENTON AND THE TEXAS DEPARTMENT O¥ TRANSPORTATION FOR
THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN
THE CITY LIMITS OF DENTON; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
May 6, 1997
Page 15
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.
32. The Council considered adoption of an ordinance authorizing
the City Manager to execute an agreement with the Texas Department
of Transportation for improvements to Carroll Blvd. from F.M. 428
to U.S. 377 under the Urban Street Program.
Rick Svehla, Deputy city Manager, stated that this was an urban
street program with a 70-30% match. The program would repair
defects in pavement particularly on Carroll Blvd.
The following ordinance was considered:
NO. 97-136
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO CARROLL BOULEVARD FROM F.M. 428 TO U.S.
377 UNDER THE URBAN STREET PROGRAM; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE.
Young motioned, Durrance seconded to adopt the ordinance. On roll
vote, Beasley "aye", Cott "aye", Durrance "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried with unanimously.
33. The Council considered approval of a resolution authorizing
the sale of property described as Lot 3, Block 1, Woodcreek
Addition, Denton, Denton County, Texas, as more fully described
herein; authorizing the Mayor to execute a deed without warranty to
the purchaser.
Gilbert Bragg stated that his firm had filed suit on this property
on behalf of the city and other taxing jurisdictions. No bid was
received at the public auction. It was bid in trust to the City of
Denton which held it in trust for the city, the County of Denton
and the Argyle School District. The property needed to be resold
and there was an interested individual offering an amount in excess
of judgement.
The following resolution was considered:
NO. R97-021
A RESOLUTION AUTHORIZING THE SALE OF PROPERTY DESCRIBED
AS LOT 3, BLOCK 1, WOODCREEK ADDITION, DENTON, DENTON
COUNTY TEXAS, AS MORE FULLY DESCRIBED HEREIN; AUTHORIZING
THE MAYOR TO EXECUTE A DEED WITHOUT WARRANTY TO THE
PURCHASER; AND PROVIDING AN EFFECTIVE DATE.
493
494
City of Denton city Council Minutes
May 6, 1997
Page 16
Biles motioned, Young 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.
34. Nominations/appointments to City Boards/Commissions.
There were no nominations/appointments at this time.
35. The Council considered adoption of an ordinance canvassing the
returns and declaring the results of the regular municipal election
held in the City of Denton on May 3, 1997.
Jennifer Walters, City Secretary, read the results of the election.
The following ordinance was considered:
NO. 97-137
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD IN THE
CITY OF DENTON ON MAY 3, 1997; AND PROVIDING AN EFFECTIVE
DATE.
Durrance 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.
36. Oath of Office administered to newly elected Council Members.
Jennifer Walters, city Secretary, administered the Oath of Office
to Carl Young, District One; Neil Durrance, District Two, Mike
Cochran, District Three; and Sandy Kristoferson, District Four.
37. Election of a Mayor Pro Tempore.
Beasley motioned, Durrance seconded to nominate Euline Brock as
Mayor Pro Tempore.
Council Member Young nominated himself.
council Member Durrance motioned to cease nominations.
On roll vote for Euline Brock for Mayor Pro Tempore, Beasley "aye",
Brock "aye", Kristoferson "aye", Durrance "aye", Young "nay",
Cochran "aye", and Mayor Miller "aye". Nomination carried with a
6-1 vote.
On roll vote for Carl Young as Mayor Pro Tempore, Beasley "nay",
Brock "nay", Kristoferson "nay", Durrance "nay", Young "aye",
Cochran "nay", and Mayor Miller "nay". Nomination failed with a 1-
6 vote.
495
City of Denton City council Minutes
May 6, 1997
Page 17
38.
following:
The Council convened into a Closed Meeting to discuss the
ae
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Discussed and considered settlement in the Sangster
case.
3e
Discussed and considered settlement of litigation
styled Yapit v. City of Denton.
Discussed and considered settlement demand in claim
of Tetreault.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
39. The Council considered adoption of an ordinance approving and
authorizing the city Manager to execute a compromise settlement
agreement in the matter of Yapit v. City of Denton; authorizing the
expenditure of budgeted funds in an amount not to exceed
$10,229.11.
The following ordinance was considered:
NO. 97-138
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVINGAND
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE
SETTLEMENT AGREEMENT IN THE MATTER OF YAPIT V. CITY OF
DENTON. TEXAS; AUTHORIZING THE EXPENDITURE OF BUDGETED
FUNDS IN AN AMOUNT NOT TO EXCEED $10,229.11; AND
DECLARING AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Kristoferson "aye", Durrance
"aye", Young "aye", Cochran "aye" and Mayor Miller "aye". Motion
carried unanimously.
40. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items at this time.
41. There was no Official Action on Closed Meeting Items discussed
earlier in the meeting.
42. New Business
The following items of New Business were suggested by Council
Members for future agendas:
496
City of Denton city Council Minutes
May 6, 1997
Page 18
A. Mayor Pro Tem Brock asked for a possible agenda item
regarding a specific use permit which would allow residential use
in general retail.
Rich Svehla, Deputy city Manager, stated that there was a question
of whether that could be allowed. Currently there was no way to
allow a specific use permit for a single family residence in a
general retail zone.
Mayor Pro Tem Brock stated that she would like the Council to
consider that as a general issue.
B. Mayor Pro Tem Brock stated that there was a vacancy on
the Planning and Zoning Commission and would like that placed on
the Council agenda for consideration.
C. Mayor Pr Tem Brock stated that she would like to consider
an ordinance rerouting the truck traffic onto Loop 288.
D. Council Member Young suggested that the City Manager look
at land between Bell Avenue and Austin street as a possible site
for a new central fire station.
With no further business, the meeting was adjourned at 11:00 p.m.
~4CITY OF DENTON, TEXAS
ACC00383