Minutes June 03, 1997CITY OF DENTON CITY COUNCIL MINUTES
June 3, 1997
After determining that a quorum was present and convening in an
open meeting the City Council convened in a Closed Meeting on
Tuesday, June 3, 1997 at 5:45 p.m. in the civil Defense Room of
city Hall.
PRESENT: Mayor Miller; Council Members Beasley, Kristoferson,
Cochran, Durrance, and Young.
ABSENT: Mayor Pro Tem Brock
1. The Council considered the following in Closed Meeting:
ae
Conference with Employees -- Under TEX. GOV'T CODE Sec.
551.075. The Council received information from employees
or questioned employees during a staff conference or
briefing, but did not deliberate during the conference.
The Council convened into a regular meeting on Tuesday, June 3,
1997 at 7:00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Miller; CounCil Members Beasley, Kristoferson,
Cochran, Durrance, and Young.
ABSENT: Mayor Pro Tem Brock
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 March 25 and
April 1, 1997.
Young motioned, Beasley seconded to approve the minutes as
presented. On roll vote, Beasley "aye", Kristoferson "aye",
Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye".
Motion carried unanimously.
Mayor Miller presented the Yard of the Month Awards:
John and Aggie Kokalis
Lucius and Carolyn Cox
Shanon and Vicki Irving
Vicki Dameral
Westwind Apartments - Business Award
Denton Sports and Physical Therapy Center-Downtown Business
Award
VARIANCES
3. The Council considered approval of exaction variances to
Section 34-114 (17) concerning sidewalks; Section 34-114 (1!)
concerning cul-de-sac lengths; and Section 34-124 (e) concerning
drainage design criteria. This 304-97 acre tract was located
northeast of Brush Creek Road and Highway 377. (The Planning and
Zoning Commission recommended approval 6-0.)
City of Denton City Council Minutes
June 3, 1997
Page 2
David Hill, Director of Planning, stated that this variance was for
the Hills of Argyle. The Planning and Zoning Commission approved
a preliminary plat in December and Council considered similar
variances in January. While determining the various engineering
requirements, the applicant voluntarily changed the preliminary
plat. The prior approved variances were specific to the approved
preliminary plat. When the preliminary plat was revised, a new set
of variances was required. The same variances were sought for a
revised plat. The first variance dealt with sidewalks. In the
previous plat, sidewalk variances were approved for all sections
except for along Brush Creek Road and Highway 377. The revised
plat variance would be only for the internal sidewalks, sidewalks
along Highway 377 would be added and the sidewalks would remain
along Brush Creek Road. The second variance dealt with cul-de-sac
length. By going from one long cul-de-sac to two shorter cul-de-
sacs, the maximum cul-de-sac length would be only 1,100 feet as
opposed to 1,700 feet in the previous plat. The third variance
dealt with drainage design criteria. The applicant proposed much
of the same type of variance as the first plat which was to have an
unfinished edge around the perimeter of the retention basin. The
Engineering Department had asked for a hard edge due to potential
maintenance problems. The Planning and Zoning Commission
recommended a hard edge be included in the variance. The City
would do better with the current proposal as opposed to the
original plat.
Council Member Kristoferson stated that in December it was
recommended that there be no sidewalks on Highway 377 as there was
no residential development there. Why were sidewalks now
recommended.
Hill stated that there was a change by the Planning and Zoning
Commission to get away from no sidewalk improvements.
Council Member Kristoferson stated that that sidewalk would go
nowhere and connect to nothing.
Hill stated that as development continued to occur, it would sooner
or later lead someplace.
Council Member Kristoferson asked about the relationship of the
sidewalks to the trails.
Hill stated that this was going to be a rural subdivision and the
reason for the variance request was due to the size of the lots and
the rural type setting the development was trying to maintain.
Council Member Kristoferson asked if the hard edge on the pond
would be a more natural appearance or would it be concrete or
rocks.
Hill stated that the actual design standards would be determined
during the construction phase of the property.
Council Member Cochran asked about the average lot size in the
development.
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city of Denton City Council Minutes
June 3, 1997
Page 3
Hill stated that the width facing the street frontage would be
smaller than deep.
Council Member Cochran asked if there would be curbs and gutters.
Hill replied no.
Council Member Durrance asked if the variance for all interior
sidewalks would be gone.
Hill replied no that the developer would like to keep that intact
and waive the interior sidewalks.
Council Member Durrance expressed a concern regarding the turning
radius for the cul-de-sacs for emergency vehicles.
Hill stated that they would meet the minimum city requirements.
Council Member Durrance asked how the drainage would be dealt with
if it was not lined.
Rick Svehla, Deputy city Manager, stated the channels would be left
in a natural state and an easement would be dedicated. This was an
estate subdivision with 300 acres of 48 lots. A minimum lot size
was an acre and there would not be much runoff from that type of
development. A more rural development would not have a large
impact on drainage and not as much a need for additional drainage
facilities.
Council Member Durrance stated that if the channels remained
natural, the City would do the maintenance.
Svehla replied correct that swales would be built and would be
grass lined.
Mayor Miller stated that this proposal would be improving the
previous variances granted by Council.
Hill replied correct.
Council Member Kristoferson encouraged the developers to design the
hard edge of the lake to fit in with the natural setting.
Council Member Durrance suggested voting on the variances
separately.
Durrance motioned, Cochran seconded to deny the sidewalk variance.
Richard Meyers stated that this new plat was a better situation for
the City. Even with the sidewalk variance, they would be
installing trails through the project. The cost difference between
a soft edge and a hard edge was not that much. A soft edge was
easier to maintain and looked better.
Greg Edwards stated that the City's requirements for frontage was
measured at the building line. The minimum width on all lots was
150 feet as measured on the building line.
City of Denton City Council Minutes
June 3, 1997
Page 4
Council Member Beasley stated that this was a proposal for a rural
type development with no curb and gutter. The trails would be
sufficient for walking areas for the residents. She would vote
against the motion. She felt it was good that sidewalks were added
to the Highway 377 side.
Council Member Cochran stated that he would be voting against the
proposal because there would be 148 lots in the development with
only two access points in and out of the development because of all
of the cul-de-sacs. Much traffic would be focused on one entrance
and one exit on each end of the development. The trails were good
for the project but did not get around 'the safety issue with people
walking between areas. A different configuration would be less of
a problem. The rural nature of the development might not stay that
way in future years.
Mayor Miller stated that he would vote against the motion as the
nature of the development was no different when Council approved it
in January. People would like to live in Denton with a minimum of
a one-acre lot but they were not available in Denton. If the lots
were smaller, the issue of the cost of the sidewalks would not be
an issue.
Svehla stated that there was a preliminary plat which was approved
and variances which were approved with that plat. If the Council
approved the new preliminary plat and the variances, the petitioner
could have a choice of which variances to use.
Council Member Young stated that he would be voting against the
motion. The whole idea of one-acre lots was to have a rural
atmosphere, sidewalks to nowhere only added costs for the
developer.
Council Member Durrance stated that he was concerned that the
trails were unknown at this point. The sidewalks were a safety
issue. There were trails behind many homes in the City and
children still played in the streets. The variance inside the
subdivision created a question of safety for the residents. He
hoped the developer would go forward and install interior
sidewalks. He encouraged Council to maintain the requirements in
regard to interior sidewalks. At a later date those sidewalks
would be very costly to install.
Council Member Kristoferson stated that this was not for interior
sidewalks. This was a variance to install sidewalks on Brush Creek
and Highway 377.
Svehla replied that the variance would allow the developer to not
install sidewalks on the internal streets. The developer would
still be required to install sidewalks on Brush Creek and Highway
377.
Mayor Miller stated that if the Council denied this variance, the
developer could use the original plat and still not have interior
sidewalks plus there would be no sidewalks on Brush Creek and
Highway 377. If Council denied thi~ variance, the developer could
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City of Denton City Council Minutes
June 3, 1997
Page 5
submit the original plat with the old cul-de-sacs and the drainage
without a hard surface.
On roll vote, Beasley "nay", Kristoferson "nay",
Durrance "aye", Young "nay", and Mayor Miller "nay".
2-4.
Cochran "aye",
Motion failed
Young motioned, Beasley seconded to approve the variances for the
sidewalks.
Council Member Cochran motioned an amendment to the motion to grant
the variance for the sidewalks on the cul-de-sac areas and keep the
sidewalks on the areas which were not cul-de-sacs. Motion died for
lack of a second.
On roll vote on the motion to approve the variances, Beasley "aye",
Kristoferson "aye", Cochran "nay", Durrance "nay", Young "aye", and
Mayor Miller "aye". Motion carried 4-2.
Mayor Miller stated that Council would consider the variance on the
cul-de-sacs.
Beasley motioned, Young seconded to approve the variance on cul-de-
sacs. On roll vote, Beasley "aye", Kristoferson "aye", Cochran
"aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
Mayor Miller stated that Council would consider the variance on the
drainage design criteria.
Young motioned, Beasley seconded to approve.
Mayor Miller stated that the pond would have a hard edge.
Svehla stated that the edge could be concrete, rock or some other
type of material.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
CONSENT AGENDA
Young motioned, Beasley seconded to approve the Consent Agenda and
the accompanying ordinances and resolutions. On roll vote, Beasley
"aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", and Mayor Miller "aye". Motion carried unanimously.
4. NO. 97-150
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 #2037 - Fiber Optic Cable and Supports)
City of Denton City Counci~~Min~te~
June 3, 1997
Page 6
5. No. 97-151
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 #2049 - HVAC
Renovation and Equipment Replacement)
NO. 97-152
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH
APPLICATION CONTROL ENGINEERING FOR ENGINEERING SERVICES
FOR PECAN CREEK WATER RECLAMATION TREATMENT PLANT
AUTOMATION FOR THE CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE.
e
NO. 97-153
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE SECOND QUARTER 1997 PAYMENT
BY THE CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND
PROVIDING AN EFFECTIVE DATE.
NO. 97-154
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BY THE STATE;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE. (P.O. ~75354 - NTCS,
Inc. )
NO. 97-155
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BY THE STATE;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE. (P.O. #75355 - State of
Texas General Services Commission Department of
Information Resources)
10.
NO. 97-156
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF
STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (P.O.
~75456 - Sympro, Inc.)
ITEMS FOR INDIVIDUAL CONSIDERATION
11. The Council considered adoption of an ordinance prohibiting u-
turns at two median openings on Teasley Lane between Interstate 35
70
city of Denton City Council Minutes
June 3, 1997
Page 7
East and U.S. 77 (Dallas Drive); providing a severability clause;
providing for publication thereof; and providing for a penalty not
to exceed two hundred dollars.
The following ordinance was considered:
NO. 97-157
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING U-
TURNS AT TWO MEDIAN OPENINGS ON TEASLEY LANE BETWEEN
INTERSTATE 35 EAST AND U.S. 77 (DALLAS DRIVE); PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF;
PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Kristoferson motioned, Young seconded to adopt the ordinance. On
roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
12. The Council considered adoption of an ordinance approving an
agreement between the city of Denton and the University of North
Texas wherein the University of North Texas engages the City of
Denton, as a subcontractor, to furnish services and facilities in
connection with the project generally known as "Demonstration of
Improved Monitoring and Oversight Strategies for Municipal NPDES
Programs Project"; and approving the expenditure of funds
therefore.
Howard Martin, Director of Environmental Services, stated that the
city had been awarded a grant from the Environmental Protection
Agency to assist the Agency in the development of storm water
monitoring and enforcement efforts for cities under 100,000
population. In order to do that, the City had utilized UNT and
teamed with them to accomplish these efforts. The City would be
subcontracting the activities the city staff would be performing.
The following ordinance was considered:
NO. 97-158
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
DENTON AND THE UNIVERSITY OF NORTH TEXAS WHEREIN THE
UNIVERSITY OF NORTH TEXAS ENGAGES THE CITY OF DENTON, AS
A SUBCONTRACTOR, TO FURNISH SERVICES AND FACILITIES IN
CONNECTION WITH THE PROJECT GENERALLY KNOWN AS
"DEMONSTRATION OF IMPROVED MONITORING AND OVERSIGHT
STRATEGIES FOR MUNICIPAL NPDES PROGRAMS PROJECT";
APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance. On roll
vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance
"aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
City of Denton City Counci~ilMinu~es i.i~
June 3, 1997
Page 8
13. The Council considered approval of a resolution authorizing
the Mayor to execute an agreement between the City of Denton and
the Electric Reliability Council of Texas, Inc. ("ERCOT")
appointing ERCOT as the agent of the City of Denton for the purpose
of executing certain umbrella agreements pertaining to electric
transmission service.
Sharon Mays, Director of Electric Utilities, stated that one
requirement of recent legislation was that every transmission owner
must sign a tariff with every entity which was using their
transmission system. One umbrella agreement would allow the City
to assist ERCOT as an agent and reduce the amount of agreements
which would have to be done individually.
The following resolution was considered:
NO. R97-024
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
MAYOR TO EXECUTE ANAGREEMENT BETWEEN THE CITY OF DENTON
AND THE ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC.
("ERCOT") APPOINTING ERCOT AS THE AGENT OF THE CITY OF
DENTON FOR THE PURPOSE OF EXECUTING CERTAIN UMBRELLA
AGREEMENTS PERTAINING TO ELECTRIC TRANSMISSION SERVICE;
AND PROVIDING AN EFFECTIVE DATE.
Durrance motioned, Kristoferson seconded to approve the resolution.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
14. The Council considered approval of a resolution authorizing
the City Manager to sign and submit to the Department of Housing
and Urban Development a 1997 Action Plan for housing and community
development with appropriate certifications, as authorized and
required by the Housing and Community Development Act of 1974, as
amended and the National Affordable Housing Act of 1990, as
amended.
Barbara Ross, Community Development Administrator, stated that
this resolution would approve the 1997 Action Plan for Housing and
Community Development. The plan was presented to Council at the
May 13th meeting by the chairs of both the Human Services Committee
and the Community Development Advisory Committee. There was a list
of activities included in the plan in the back-up materials. Staff
was requesting that Council take action at this meeting in order to
meet a deadline of June 15th. Council could take action to approve
the plan as it currently stood which included the requested changes
to the human services budget. There was an amendment process if
Council approved this plan and later wanted to amend the proposal.
There would be a requirement of a 30-day public comment period.
Council Member Cochran asked about the 30-day comment review
period.
Ross stated that if Council desired to make a change to the Plan,
it would be proposed at a Council meeting, published in the Denton
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City of Denton City Council Minutes
June 3, 1997
Page 9
Record-Chronicle and provide for a 30-day period for public
comments. Those comments would be provided to Council and Council
could then take action. That could be done up until the time the
funds were spent.
The following resolution was considered:
NO. R97-025
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING
THE CITY M3%NAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT A 1997 ACTION PLAN FOR
HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE
CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING
AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND
THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED;
AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Du~rance seconded to approve the resolution.
Council Member Cochran suggested that at the next meeting, a
revision be made to the Plan regarding the funding for Family
Health Care. He was not comfortable with the elimination of their
total funding.
On roll vote, · Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
15. The Council considered nominations/appointments to City Boards
and Commissions.
Council Member Beasley nominated Geri Aschenbrenner to the Keep
Denton Beautiful Board at a prior meeting. On roll vote, Beasley
"aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", and Mayor Miller "aye". Motion carried unanimously.
Mayor Pro Tem Brock nominated Jim Engelbrecht to the Planning and
Zoning Commission at a prior meeting. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and
Mayor Miller "aye". Motion carried unanimously.
16. The Council received presentations from the following law
firms regarding the collection of delinquent taxes and gave staff
direction:
Blair, Goggan, Sampson & Meeks and Mike Gregory
McCreary, Veselka, Bragg & Allen P.C. and Hayes,
Berry P.C.
Perdue, Brandon, Fielder, Collins & Mott, L.L.P.
Sawko & Burroughs, L.L.P.
Coffey &
Jon Fortune, Chief Finance Officer, stated this contract expired at
the end of this month. In keeping with past practices, bids were
sought for requests for proposals when the contract expired.
City of Denton City Council Minutes
June 3, 1997
Page 10
The four firms presented Council with facts and figures relating to
their individual firm's abilities to collect delinquent taxes which
were included in the agenda back-up materials.
Mayor Miller thanked the firms for their presentations and stated
that the item would be on the next Council agenda for discussion
and a recommendation.
17. There were no items of Miscellaneous Matters from the city
Manager.
18. New Business
The following items of New Business were suggested by Council for
future agendas.
A. Council Member Cochran asked for a discussion on the
Community Development Block Grant funding.
19. The Council did not meet in a continuation of Closed Meeting
under Section 551.071 - 551.085 of the Texas Open Meetings Act.
20. There was no official action taken on Closed Meeting items
held under Section 551.071-551.085 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 9:05 p.m.
~ITY OF DENTON, TEXAS
'J~~R ~
Ci~2f~F DENTON, TEXAS
7¸3
ACC00391