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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. 6¸5 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 67 68 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 7i 72 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