Minutes June 17, 199785
CITY OF DENTON CITY COUNCIL MINUTES
June 17, 1997
The City Council convened into a closed meeting on Tuesday, June 17, 1997 at 5:45 p.m. in
the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Durrance, and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
Ao
Conference with Employees -- Under TEX. GOV'T CODE Sec. 551.075. The
Council may receive information from employees or question employees during
a staff conference or briefing, but may not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, June 17, 1997 at 7:00 p.m. in the
Council Chambers of City Hall, 215 E. McKinney, Denton, Texas.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, 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 March 15 and March 22, 1997.
Young motioned, Beasley seconded. On roll vote, Beasley "aye", Kristoferson "aye", Cochran
"aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
Mayor Pro Tem Brock requested that item 5 be moved to come after item 7. There were no
objections.
CITIZEN REPORTS
3. Citizen report from Teresa Caldwell regarding water service at Clayton Estates Mobile
Home Park.
Ms. Caldwell was not able to attend the meeting.
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June 17, 1997
Page 2
4. The Council heard a citizen report from Dessie Goodson regarding SPAN and the City
of Denton.
Ms. Goodson stated that she received a letter from Veronica Rolen which to her was a joke.
It was mailed out May 28, 1997 indicating that Ms. Goodson was a valued customer.
Ms. Goodson stated that SPAN and the City of Denton could care less if she rode the system.
She also stated that she had the new schedule and that none of the signs were up to tell where
the stops were and that there were not time stops at every one of the locations. She complained
about having to stand outdoors in the bad weather waiting for the Trolley. The City of Denton
has never put up the benches/shelters that the City was authorized to do two years ago. Ms.
Goodson pointed out that in a booklet about senior citizens and aging, item number 5 stated that
SPAN provides transportation, meals, home aide, counseling for people 60 years old and persons
with disabilities. She questioned why services were not offered to her because she has a
disability of epilepsy. She has been denied services on this system since 1994. She wonders
when the City was going to learn what ADA and the Rehabilitation Act means. Ms. Goodson
then stated that she was informed by the City that she owes $511.98 for service at 1508 N.
Elm Street. She stated that she has never lived at that address. She complained about Mayor
Pro Tern Brock trying to pay her bill and that she should have never been allowed to see her
billing history since she was not "Dessie Goodson."
Mayor Pro Tem Brock responded that she never saw Ms. Goodson's billing history; and even
if she had asked to see it, the City staff would not have allowed her to do so because the City
considers it a private matter.
Ms. Goodson stated all of this was because of what Mayor Miller said about her in the
newspaper. She wanted to know when this case is going to proceed forward.
Mayor Miller reminded Ms. Goodson that she was there to make a citizen report. Ms. Goodson
was informed that she had 30 seconds left for the closing of her citizen report. She was asked
if she was finished with her report.
Ms. Goodson wanted to know why the stop signs were not up for the trolley stops. She stated
she would rather walk than ride the trolley because they still did not have air conditioning and
the trolleys continue to break down in the middle of the routes. Ms. Goodson said that she
wanted to show Council Member Cochran her utility bill for $511.98. (The timer rang
indicating time was up.) She stated that we are not finished with this.
PROCLAMATIONS/AWARDS
5. The Council received a presentation of the North Central Texas Council of Governments
William J. Pitstick Regional Excellence Award to Mayor Jack Miller.
Mayor Pro Tem Brock made a presentation to the Council honoring Mayor Miller for receiving
this award June 6, 1997. This award was established 'five years ago to recognize someone in
our sixteen-county area who has demonstrated commitment to the concept of regionalism
advocated by Bill Pitstick during his 26 years as executive director of the Council of
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June 17, 1997 ..
Page 3
87
Governments. This award honored someone who supported strong local government as the basis
for democracy while recognizing urban challenges and concerns often crossing jurisdictional
boundaries and who therefore promoted coordination and cooperation among citizens and local
elected officials for the betterment of the region as a whole.
6. The Council received a presentation of the 1997 Texas Forest Service Award.
Cecile Carson of Keep Denton Beautiful presented the award in recognition of our local
government partnership. The judges in this particular award stated that Denton had done an
exemplary job of providing a public/private partnership to use property that was under-utilized
at our water reclamation plant for the planting of trees and for providing a true destiny for
Denton. The award was Presented to Jim Coulter of the Water Reclamation Plant and to the
Mayor and City Council.
7. The Council received a presentation of an applicable proclamation.
Mayor Miller proclaimed June 18, 1997 as Sean Redden Day. Sean Redden and his father
received this award for the aid Scan gave a college student in Finland by use of the internet.
PUBLIC HEARINGS
Mayor Miller explained the public hearing rules..
8. The Council held a public hearing and considered adoption of an ordinance rezoning
27.749 acres from the Agricultural (A) zoning district to the Light Industrial (LI) zoning district.
The subject property was located northeast of the Municipal Power Plant, approximately 2,700
feet east of Woodrow Lane. (The Planning and Zoning Commission recommended approval
4-0.)
David Hill, Director of Planning and Development, presented the staff report. The property
was placed in Agricultural zoning in 1969; rezonings in the area to the west to Light Industrial
occurred in 1983; and to the north rezoning to Light Industrial occurred in 1985. He said the
areas would remain agricultural under the ownership of the City of Denton. Notices were
mailed May 16, 1997. Five property owners were notified of the pending action. No responses
were received. The Planning and Zoning Commission recommended approval unanimously.
The property was located in an urban center and was consistent with the Denton Development
Plan.
Council Member Young asked where the power plant was. He asked if there were any planned
improvements for Spencer Road.
David Hill responded that there were not any planned improvements for Spencer Road as part
of that particular project.
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Council Member Young asked if not, what would be built in there. He also wanted to know
where the proposed road was. Council Member Young asked what would happen as far as
infrastructure.
David Hill responded that it would be used as Light Industrial; he believed that the Super
Collider had been proposed. Shady Oaks was a potential road route, or Morse was being
considered. Infrastructure concerns would be addressed at the time of platting. He said the
land was vacant.
Mayor Pro Tern Brock clarified the point about Morse and Shady Oaks. She said the
transportation thoroughfare plan targeted Shady Oaks as the extension because Morse Street went
through the middle of a long-established residential area. Shady Oaks went through a strictly
industrial area. Commercial traffic would interfere with the residential area. She wanted to
know if Council would have input on the thoroughfare plan.
David Hill responded yes.
Rick Svehla, Deputy City Manager, said staff has talked to the owners about connecting at
Shady Oaks rather than at Morse Street. It was agreeable. We would obviously review this as
the plat comes in.
Council Member Cochran asked how long the City has owned the property and for what use.
Rick Svehla responded that the City bought it as extra land to be able to expand the Power Plant
or Water Plant if they needed to. Several years ago, a land trade was made with Mr. Fouts (or
the party he represented), after staff's recommendation to Council that we did not really need
the property.
Mayor Miller opened the public hearing.
Rob Reiner, 1108 Dallas Drive, Suite 310, commented as petitioner on this tract. He pointed
out that this was City-owned land and that it was zoned Agricultural. The only other
Agricultural tract was City-owned land which abuts the power plant. It was part of the old
Clark Brother tract. We asked that it be zoned Light Industrial as well as the surrounding land
to the north, east, and west.
Council Member Durrance asked what the proposed use was for the land.
Rob Reiner said it was part of the isotope development and secondary markets to complement
the isotope development.
Thc Mayor closed thc public hearing.
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June 17, 1997
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89
The following ordinance was considered:
NO. 97-161
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 27.749 ACRES OF LAND
LOCATED NORTHEAST OF THE MUNICIPAL POWER PLANT,
APPROXIMATELY 2,700 FEET EAST OF WOODROW LANE; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned for approval, Beasley seconded. On roll vote, Beasley "aye", Kristoferson
"aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye".
Motion carded unanimously.
9. The Council held a public hearing and considered adoption of an ordinance to rezone
77.6 acres from the Agricultural (A) zoning district to the Planned Development (PD) zoning
district and consideration of a development plan. This tract is located on the east side of Lillian
Miller, approximately 750 feet north of Robinson Road. (Z-97-013) (The Planning and Zoning
Commission recommended approval 4-1.)
David Hill, Director of Planning and Development, made the staff presentation. The subject
property was an "L" shape with frontage on Lillian Miller; to the west, Denton State School;
to the north,. Sundown Ranch, which, had been rezoned to SF-7; Denton West, a mobile home
park, to the east; and the small GTE property between Johnson Ranch and Radio Station
property on the south. The Denton Development Plan indicates development key characteristics.
The minimum lot area that is being proposed was 6,000 sq. ft. The minimum lot dimension
would be a 50-foot width, with a 100-foot depth. The maximum density would be five units or
lots per acre. The maximum yield would be 388 single-family homes. The property was
originally zoned Agricultural in 1969. In 1984, it was rezoned from Agricultural to Planned
Development for SF-2, MF, Office and Neighborhood Services. In 1992, the property was then
rezoned back to Agriculture. Nine property owners were notified of the intent to rezone. Two
returned in favor, three opposed. A very small comer belongs to the third property owner.
Total land area involved comes to 16% which meant the 20% role was not in effect. Hill said
the request was consistent with the Denton Development Plan. The site was located in a low-
intensity area, and the Planning and Zoning Commission recommended approval, request 4-1.
Council Member Young asked if there were new roads to be built and would they go all the way
through.
David Hill responded yes, there would be internal roads to the subdivision along with all other
subdivision improvements. The internal roads would be exclusive to that subdivision.
Council Member Young asked about the price range of the homes and lot size.
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David Hill said the minimum lot size would be 6,000 sq. ft. The cost of the homes had not
been indicated from the applicant.
Council Member Kristoferson asked about lot sizes. She asked if there were any TxDOT
improvements scheduled for 2181 and if traffic studies had been conducted to see how this would
affect the neighborhood.
David Hill said the lot depth would have to be more than 100; somehow they would have to
come out to a minimum of 6,000 sq. ft. Thev(vere no TxDOT improvements planned in the
near future. A traffic impact analysis has 'not yet be~n conducted. Staff looked at the traffic
impact analyses conducted for the developments to the north which indicated there was enough
capacity for Lillian Miller to continue operating at a level of C. Typically, the traffic impact
analyses were required at the platting stage.
Council Member Kristoferson wanted to know if the school district had been informed.
David Hill was not aware of a particular conversation on the subject, but commented that there
was a continuing dialogue with the school district to try to respond to growth and impacts.
Council Member Durrance asked if there had been any further discussion about drainage or
about Lillian Miller increasing in elevation.
David Hill said that the drainage would have to be worked out to the satisfaction of the City.
Lillian Miller would be a cost borne by the developer in order to make sure proper services are
provided to the residents or lots in the subdivision.
Council Member Durrance wanted to know if there had been any traffic safety study or
consideration for a signal of some kind in the location.
David Hill responded that $15,000 had been dedicated from both the Sundown Ranch Project
and Wind River Estates developers for a signal; and depending on the outcome of the traffic
impact analysis, a similar prorated amount would be expected from this development for that
light.
Council Member Young asked if there were plans to widen Lillian Miller and if there was any
green space.
David Hill responded that there were not any plans to widen Lillian Miller. With the rezoning,
it was hard to tell about the green space; it was a voluntary component of the DDP and had not
been determined because we had not seen a plat.
Council Member Cochran asked if there was a traffic count on Lillian Miller prior to the
development. He asked the potential increase in trips generated for this site if it gets the zoning.
David Hill said yes.
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June 17, 1997
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Mayor Pro Tem Brock wanted to know why the current allocation of 4,656 intensity trips with
Agricultural. zoning would drop with the proposed zoning the intensity to 3,880 trips.
David Hill explained the way the trip intensity was figured.
Council Member Kristoferson asked additional questions regarding the 16%t/opposition. She
asked if it were true that this development will have a higher intensity than the adjacent mobile
home parks. She also expressed concern over the possible loss of the trees.
David Hill said that they did a few calculations. Lakewood to the south was 4.9 units per acre
and Denton West to the east was almost 6 units per acre; for a comparison, the proposed was
5 units per acre.
Council Member Durrance followed up on Council Member Kristoferson's point. He said the
backup stated the intensity level of the proposed development would actually be more than the
mobile home parks. This would be zoned as SF residential homes.
David Hill said the intensity would be more or less the same and that it would be exclusively
residential homes.
Council Member Cochran asked what would be the difference in the number of homes between
an SF-6 versus SF-7.
David Hill said he would get those figures to him before they deliberate.
The Mayor opened the public hearing.
Otis Lee, Civil Works Engineering of Fort Worth, Texas, spoke in favor of the petitioner. He
stated that there were some concerns expressed in the Planning and Zoning meeting and efforts
had been made to speak to many of those individuals.
Mayor Miller asked how many lots there would be with the proposal.
Otis Lee calculated 4.5 units per acre maximum, which was approximately 350 lots maximum.
Otis Lee continued by saying that the area along the front of Lillian Miller increased lot sizes
in order to save more of the trees and to create a more presentable entryway. He stated that
they are trying to protect as many of the trees as possible.
Council Member Young asked if it would have Denton water and sewer.
Otis Lee stated it will comply with the City ordinance which would be public water and sewer.
Council Member Young asked how many streets and sidewalks would be provided. On
drainage, he questioned how many acres the retention ponds would be, and if there would be
green space or a neighborhood park provided and a neighborhood association.
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Otis Lee responded that they would probably be limited to two entryways. Internally, there
would be a significant network of streets to be able to access all of the lots, and it would include
sidewalks. Approximately four acres would be dedicated toward retention ponds and flat open
space which could be used as a neighborhood park. Nothing had been decided about a
neighborhood association.
Council Member Cochran asked how wide would the SF-7 buffer zone be and how the roads
were laid out.
Otis Lee stated the buffer zone is 290 feet wide and coveting approximately 22 acres. The
standard on road layout would be 290 feet and/or two lots.
Council Member Durrance asked if they had any disagreement with the intensity figures
previously stated.
Otis Lee said no, those trips were typical uses by traffic standards.
There were no other persons speaking in support.
Speaking in opposition was:
R. J. Button, 3939 Teasley Lane, a developer, owner and operator of investment properties for
35 years, spoke in opposition. He believed the Johnsons had every tight to sell and develop the
property. One of the main concerns was the traffic. Another of his concerns was that every
drop of runoff from the property would run across the street to his Denton West or Lakewood
Estates property. He felt they would be impacted the most by the density of the development.
I-Ie would be in favor of it if it was developed as SF-7. He said the development would be so
dense that there will be no room for the children to play.
Mitchell Turner, 2118 Stonegate, spoke in opposition. He objected because it would add 3,880
vehicle trips a day to FM 2181 most of which would feed into Teasley and Lillian Miller. One
hundred twenty-five percent of the allowable intensity had already been allocated. The
infrastructure and intensity area 77 was inadequate to handle the traffic for the acreage already
zoned, and in the foreseeable future there was no solution. He answered Council Member
Beasley's question from earlier. (Handed out some material.) He stated that this material was
revised in 1995 and again on May 2, 1997 and indicated that the intensity would increase from
125 % to 127%. He knew that the Council had already received letters of concern about existing
traffic problems in this area and felt making the lot size 7,000 sq. ft. instead of 6,000 sq. ft.
would be acceptable. If the developer would not compromise, he recommended that the Council
deny the request.
Elizabeth Gordy, 713 Lafayette, spoke.in opposition. She said there had been some precedent
set with the development of Sundown Ranch, and she understood that. She wants the trees
preserved; even with an SF-7, too many trees would be lost. Trees increase the value of the
property. She cited an article in the Denton Record-Chronicle (June 6). She said that there have
City of Denton City Council Minutes
June 17, 1997
Page 9
been too many properties clear-cut, and the developer should replant those trees and raise it at
least to an SF-7.
Richard Simms, 2214 Stonegate, supported the rezoning of the property but strongly opposed
any 6,000 sq. ft. lots. There were 25 acres of virgin oaks, one of the largest stands of native
oaks in this city. He thought it was a happy coincidence that the City got the Texas Forrest
Service Award. He believed the property owner had the fight to develop their property but also
believed in the rights of those that live in the area--it impacts everyone. He questioned, whether
it would generate enough tax dollars with the SF-6 to cover the cost of services and requested
that the Council require a minimum lot size of 7,000 sq. ft. and even a larger square footage
minimum in the native oak forest in order to save as many of the trees as possible.
Roland Vela, 729 Ridgecrest, asked that the Council grant only SF~7 and not lower than SF-7.
He said anything less than SF-7 will make the quality of life unbearable. This was one of the
most beautiful spots of Denton.
Vera Gershner, 2312 Stonegate Circle, summarized the situation in the words of youth as the
"PITS." The "P" stands for the need for a plan--planned development, 'T' stands for intensity
and impact, "T" stands for traffic or for trees, and "S" stands for the services. She thinks it is
terrible to cut down the oak trees. She was also concerned that homes that size will not generate
the kind of school taxes that it takes to support the projected number of children in the schools.
The key was what kind of quality of life do we want to have in Denton.
Petitioner was given 5-minutes to respond.
Otis Lee said they did fall under the Denton Comprehensive l_and Plan. They would be required
to provide detailed plans and was also concerned about the traffic. He stated there was a plan
to upgrade the road at some time; it was on the thoroughfare plan. He said that they will do all
they could to preserve the trees and upgrade the lot size.
Council Member Young asked about the plans to upgrade the streets and asked if they had any
areas planned for children to play.
Otis Lee responded that the street upgrade was in the thoroughfare plan. Other than the 4-acre
retention area, they would look at the detailed plan. They did not have a specific plan for a play
area at the time.
Brock motioned for approval with two conditions added: one, the minimum lot size would be
7,000 sq. ft.; two, with the site plan the developer would present a tree preservation plan which
would be a significant percentage of the existing trees. The number of trees removed would
have to be replaced with additional trees, but with strong emphasis on preservation of the native
o~s.
93
Cochran seconded the motion.
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City of Denton City Council Minutes
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Page 10
Mayor Pro Tem Brock commented that she had done a lot of reading on the new urbanism and
the need for the public education process. Sometimes 6,000 sq. ft. lots were more desirable
from the point of view of impact on schools and traffic than 7,000 sq. ft. due to the market and
the homes being bought by empty nesters (retirees, no children). Due to the traffic issue and
concerns, she proposed and supports the 7,000 sq. ft. minimum. She also thought the tree
preservation requirement would make some of the lots larger than 7,000. She used a reference
of Highland Park Circle, which was very desirable property and has several native oaks that
were preserved. The tree preservation ordinance only applied to non-residential areas, but most
developers realize that a lot with native trees on it is more valuable--can be sold for more. She
hoped that they would make a stand in preserving the native oaks.
Council Member Cochran commented on the problem of traffic being taxed to the maximum.
He was in favor of the 7,000 sq. ft. minimum. He felt that it was a reasonable compromise that
would not hamper the development of the property but made it perhaps a more financially
rewarding project. He supported the motion.
Council Member Young said he supported the motion even though they were telling people what
they could and could not do on their property. He believes that the government should not tell
people what they can do on their property. The original plan already complied with the DDP
as it was proposed with the SF-6. He had some concern over the trees and the developer
indicated the same concern. He felt the need for the preservation condition was not necessary.
Council Member Durrance stated he would be voting against this motion. He needed additional
information on several areas. He thought these things should be solved first before going on.
One of his concerns was accessibility and safety; the second was intensity of 127% or greater
in trips; third was drainage problems in the area; parks and green areas was another concern;
and the n~,~z,d to do a better job of coordination with the school district. It is a beautiful area and
they should try to preserve it, if possible, by having solid evidence and better clarification.
Council Member Kristoferson supported the motion but agreed with the concerns of traffic, lack
of recreational area, 1,400 new homes being added to the school district and drainage. She liked
very much the condition for preserving as many of the natural resources of Denton.
Council Member Beasley expressed concern with the traffic in the area. She felt the
neighborhood stated several good reasons why this should be SF-7. She agreed with those and
supported the motion.
Mayor Miller supported the motion. He stated that, with a growing community, traffic would
be a continued issue. There would not be a DFW airport if we had waited on better traffic
conditions. Development cannot stop due to traffic. We can work as a community to improve
traffic conditions. The 1,400 homes will add to our utility services, school district, and
drainage, but they will not all be built at one time. The increase would be spread over years.
We do not dictate what they do with their property, but we do have to decide according to our
development plan, the community concerns and the quality of life issues. We have a
responsibility as local government. The drainage issue would be addressed with the developer
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June 17, 1997
Page 11 ,.~
at the time of platting. This community has several drainage problems. He supported the
proposal, for the 7,000 sq. ft. and tree preservation.
The following ordinance was considered:
10. NO. 97-162
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE
FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO THE PLANNED DEVELOPMENT 162 (PD-162) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION BY APPROVING A
DEVELOPMENT PLAN FOR A 77.6 ACRE TRACT LOCATED ON THE EAST
SIDE OF LILLIAN MILLER, APPROXIMATELY SEVEN HUNDRED FIFTY (750)
FEET NORTH OF ROBINSON ROAD; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
Motion vote. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "nay",
Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried 6-1.
Council Member Cochran addressed Council Member Durrance's concerns. He said they could
be addressed in the Comprehensive Zoning Ordinance and the Denton Development Plan a
rewrite in the summer.
Mayor Pro Tem Brock responded to Richard Simms' question regarding whether enough taxes
would be generated to pay for services--she said residential would not pay for itself. She said
she could get him figures on that if he would like.
CONSENT AGENDA
Kristoferson motioned for approval, Beasley seconded to approve the Consent Agenda and the
underlying ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye", Young "abstain", Brock "aye" and Mayor Miller "aye". Motion carried with
a 6-0 vote.
11. NO. 97-163
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid//2051 - Mailing Service)
12.
NO. 97-164
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CO--CT FOR PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
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City of Denton City Council Minutes
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Page 12
13.
14.
15.
16.
17.
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid //2052 - 300 KVA Distribution
Transformers)
NO. 97-165
AN ORDINANCE APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND
PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND DELHI GAS
PIPELINE CORPORATION FOR THE PURCHASE OF SPOT MARKET NATURAL
GAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid//2047 - Natural Gas)
NO. 97-166
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FOR AN EFFECTIVE DATE. (Bid//2048 - Boyd Street 6" and McKinney Street 8"
Water Line Replacement)
NO. 97-167
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FOR AN EFFECTIVE DATE. (Bid //2053 - Bore Crossing at North Locust and
University)
NO. 97-168
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES CONTRACT WITH CORGAN ASSOCIATES, INC. FOR
PROJECT II OF THE RENOVATION OF THE DENTON MUNICIPAL COMPLEX
(DMC) AND CITY HALL; AND PROVIDING FOR AN EFFECTIVE DATE.
NO. 97-169
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. //75363 -Advanced
Control System)
City of Denton City Council Minutes
June 17, 1997
Page 13
18.
NO. 97-170
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O.//75676 - Motorola)
19.
NO. 97-171
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE COUNTY OF DENTON RELATING TO
PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS WHICH
PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES;
PROVIDING FOR AN EFFECTIVE DATE.
20.
NO. 97-172
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES CONTRACT WITH ADS ENVIRONMENTAL
SERVICES, INC. FOR ENGINEERING SERVICES FOR THE
WATER/WASTEWATER ENGINEERING 1997 SMOKE TESTING PROGRAM; AND
PROVIDING FOR AN EFFECTIVE DATE.
ITEMS FOR INDIVIDUAL CONSIDERATION
21. The Council considered adoption of an ordinance amending portions of Section 18-53 of
the Code of Ordinances of the City of Denton to remove from the truck route a portion of U.S.
Highway 380 from its intersection with Interstate Highway 35 to its intersection with Loop 288;
to remove from the truck route a portion of Prairie Street from its intersection with Locust Street
(F.M. 2164) to its intersection with Bell Avenue; providing for a repeal of any ordinance in
conflict therewith; and providing for a severability provision.
Rick Svehla presented the staff item. This was to consider a truck route on Loop 288 and
removing that portion of 380 from 1-35 to Loop 288. The two previous concerns have been built
(the sound wall at Town North and the signal at Kings Row/288). If the Council approves the
staff would coordinate with TxDOT for the signing of the truck route as well as other agencies.
Council Member Kristoferson asked if we would work with UNT to make the number of truck
stops measurable.
Rick Svehla said yes, but the quantifying was done by the NCTCOG staff.
Mayor responded that he served on the regional transportation council, the statistics have been
developed by our region (not just Denton). In total, we would be coming into compliance within
the next two or three years.
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Council Member Durrance asked if we were going to continue working with TxDOT and other
federal applications with regard to the west side of the Loop for interchange and flow.
Rick Svehla said yes, staff has taken preliminary looks and would continue to monitor that.
There was already a significant amount of truck traffic on the Loop, and they were already
making all the movements.
Herb Prouty, City Attorney, mentioned one change in the ordinance. A penalty clause was
added of a maximum $200 fine for violation of the ordinance.
The following ordinance was considered:
NO. 9%173
AN ORDINANCE AMENDING PORTIONS OF SECTION 18-53 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON TO REMOVE FROM THE TRUCK
ROUTE A PORTION OF U.S. HIGHWAY 380 FROM ITS INTERSECTION WITH
INTERSTATE HIGHWAY 35 TO ITS INTERSECTION WITH LOOP 288; TO
REMOVE FROM THE TRUCK ROUTE A PORTION OF PRAIRIE STREET FROM
ITS INTERSECTION WITH LOCUST STREET (F.M. 2164) TO ITS INTERSECTION
WITH BELL AVENUE; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN
CONFLICT THEREWITH; AND PROVIDING FOR A SEVERABIL1TY PROVISION;
AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Durrance seconded. On roll vote, Beasley "aye", Kristoferson "aye",
Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion
carried unanimously.
22. The Council considered adoption of an ordinance authorizing the City Manager to act on
behalf of the City of Denton in executing an easement modification agreement with
Hillwood/Oakmont II, Ltd.
Rick Svehla presented the item. This was a blanket easement in 1994-95, we amended that to
a narrower 100 ft. easement in 1995. There was one reference to a prior easement that was left
out of the descriptions. Adoption would allow the Manager to include that and clarify title and
all other items that go with property changing hands.
The following ordinance was considered:
NO. 97-174
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF
OF THE CITY OF DENTON IN EXECUTING AN EASEMENT MODIFICATION
AGREEMENT WITH HILLWOOD/OAKMONT II, LTD.; AND PROVIDING AN
EFFECTIVE DATE.
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Page 15
99
Beasley motioned, Brock seconded. On roll vote, Beasley "aye", Kristoferson "aye", Cochran
"aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carded
unanimously.
23. The Council considered adoption of an ordinance authorizing the City Manager to execute
a contract between the City of Denton and Michael Tyrone Ebron; authorizing the City Manager
to execute any and all documents necessary to consummate the purchase of real property in
accordance with said contract; and authorizing the expenditure of funds.
Ed Hodney, Director of Parks and Recreation, presented the item. The ordinance would allow
us to purchase two of the five lots that have been budgeted this current fiscal year to expand
Phoenix Park. Fair market value had been established at $10,000 per lot and $25,000 worth of
funding was available.
Council Member Beasley asked about the five lots cross-hatched on backup. She was confused
as to what we are buying.
Ed Hodney explained with a larger map what lots were to be purchased. The City was only
acquiring a total of five of the seven existing lots on the north side of the park but at this time
we were trying to purchase only two of those five lots.
Council Member Kristoferson heard that these lots were in the flood plain. She asked if that
would make this used just for playing fields or practice fields or could you install playground
equipment.
Ed Hodney responded yes, playground equipment and shelters could be built.
Council Member Young asked if this park had plans for new playground equipment in the CIP
and would there be a soccer field.
Ed Hodney responded that the playground equipment would be funded through CDBG funds (the
money was approved about two years ago), and bond funds for soccer goals and picnic
equipment were approved in this last bond. We have money approved to upgrade this park.
The following ordinance was considered:
NO. 97-175
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF DENTON AND MICHAEL TYRONE
EBRON; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE OF REAL
PROPERTY IN ACCORDANCE WITH SAID CONTRACT; AND AUTHORIZING
THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE.
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Brock motioned, Young seconded. On roll vote, Beasley "aye", Kristoferson "aye", Cochran
"aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
24. The Council considered adoption of an ordinance authorizing the filing of an application
with the IS.S. Department of Transportation, Federal Transit Administration for a grant under
the Urbanized Area Formula Program authorized by Title 49, IS.S.C. Section 5307.
Veronica Rolen, General Government Administrative Assistant II, stated that the ordinance
would authorize the City Manager to submit an application for funds to be used for public
transportation in Denton. The funds ($369,450) were appropriated by Congress for FY 1998,
only $121,250 had been approved for system operations. Staff continues to work with COG to
increase operating funds. The budget proposal was based on current expenditures. Capital
equipment would include necessary equipment to maintain the vehicle fleet. The estimated local
match would be $129,598 unless the proposed level of funding was not approved, which may
mean additional local funds. Council will be notified when we receive final word from FTA.
Council Member Young asked how long will it be before you know something from the federal
government.
Veronica Rolen stated approximately two months after authorization from Council.
Council Member Young questioned if money would be spent on shelters and benches.
Veronica Rolen responded that additional funds were not requested for shelters and benches in
the new grant. The current budget has funds for benches and shelters, and we will be coming
to City Council on July 15 for approval of purchase.
Council Member Young commented that he felt the bus service was an asset to the City. Many
individuals do depend on them.
The following ordinance was considered:
NO. 97-176
AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE
U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT
ADMINISTRATION FOR A GRANT UNDER THE URBANIZED AREA FORMULA
PROGRAM AUTHORIZED BY TITLE 49, U.S.C. SECTION 5307; AND
PROVIDING AN EFFECTIVE DATE.
Young motioned to approve, Cochran seconded. On roll vote, Be. asley "aye", Kristoferson
"aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye".
Motion carried unanimously.
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Page 17
101
25. The Council considered adoption of an ordinance authorizing the Mayor to execute a
contract for the collection of delinquent property taxes.
Jori Fortune, Chief Finance Officer, presented the item. He stated that the ordinance and
contract was to approve the hiring of the law firm of Blair Goggins and Mike Gregory to collect
delinquent taxes. It would be a three-year contract and included a 30-day termination notice.
Council Member Kristoferson thought the contract was for two years.
Jon Fortune responded that the proposal was for a three-year contract; prior to that it was a two
year contract.
It was stated that this was the City Manager's recommendation that the contract be extended one
additional year than what we previously had.
Brock motioned for approval, Durrance seconded.
Council Member Young stated he did not feel that Blair Goggins would match the efforts of the
company that had the contract last year, and he was against the motion.
Council Member Cochran felt that Council Member Young had issued a challenge to
Blair Goggins, and he hoped the company could prove him wrong.
Mayor Miller disagreed with Council Member Young because he felt voting in favor of
Blair Goggins will be in the best interest of citizens.
The following ordinance was considered:
NO. 97-177
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
THE COLLECTION OF DELINQUENT PROPERTY TAXES; AND PROVIDING AN
EFFECTIVE DATE.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay'~,
Brock "aye~ and Mayor Miller "aye". Motion carded with a 6-1 vote."
26. The Council considered adoption of an ordinance authorizing the City Manager to execute
two amendments of lease agreement respecting real property, between the City of Denton and
Enserch Corporation, providing for the drilling of natural gas storage wells incident to Lake
Dallas Gas Storage Facility, and for a change of rental terms.
HoWard Martin, Director of Environmental Services, presented the item. In February, the
Council approved a purchase of 245 acres adjacent to and immediately north of our Wastewater
Treatment Plant. That purchase included an existing lease agreement with Lone Star Gas, now
referred to as Enserch Corporation, which provided for a natural gas storage reservoir. The
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City of Denton City Council Minutes
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Page 18
original lease between Lone Star Gas and the cowhands dated back to 1966 and provided annual
lease payments of $4,800. Shortly after the purchase of.the property, the City was approached
by Enserch with need to construct an additional well on the reservoir due to growth in the
Denton area. The City reviewed and amended the lease agreements to comply with their
request. The first lease agreement incorporated the plant site (6.98 acres), the second agreement
included three active well sites. The amendment also provides for the construction of new well
sites as needed on existing property. The term agreement would remain intact, as long as the
facility was actively utilized.
Council Member Cochran stated he was fascinated by the facility and wanted to know how deep
the wells were, how much do they hold, and how many facilities were there in the metroplex.
Gale Boline, with Enserch, responded to Council Member Cochran that the reservoir at the
strong formation was 2,850 feet. It holds 2.8 BCS of natural gas. Enserch has seven facilities
in north Texas.
Mayor Pro Tem Brock wanted to know if the increase was based on the consumer price index.
Howard Martin stated no. We had looked at several ways to value the property into today's
dollars.
Herb Prouty, City Attorney, noted a change allowing the City Manager to execute the two
amendments as well as a memorandum of lease.
The following ordinance was considered:
NO. 97-178
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE TWO
AMENDMENTS OF LEASE AGREEMENT RESPECTING REAL PROPERTY,
BETWEEN THE CITY OF DENTON AND ENSERCH CORPORATION, PROVIDING
FOR THE DRILLING OF NATURAL GAS STORAGE WELLS INCIDENT TO LAKE
DALLAS GAS STORAGE FACILITY, AND FOR A CHANGE OF RENTAL TERMS;
AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor
Miller "aye". Motion carried unanimously.
27. The Council received a report and held a discussion regarding the proposed 1997-2002
Capital Improvement Program.
Jon Fortune presented the 5th year of the plan recommended by the Planning and Zoning
Commission. Fortune noted that the first three years represented the recommendations of the
citizens' Blue Ribbon Committee and were approved by the voters in February of 1996. He
briefly went over the new projects being recommended.
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Page 19
103
Council Member Young asked what the miscellaneous drainage funds were for; also how far
down the line was the Fred Moore project.
Jon Fortune .recounted that the current CIP, the Blue Ribbon Oversite Committee and voters
approved of miscellaneous funds in each of the five years. There was a street list on which the
Committee made recommendations to fund particular projects with that sum of money. It would
give staff leeway to do some smaller projects from time to time.
Rick Svehla said the Fred Moore project was part of the Pecan Creek IV, but it would be
approximately three years out.
Council Member Young asked about the lining of the creek in Township II and how could we
get it done.
Rick Svehla said it could be added to miscellaneous drainage projects or could be added as a
specific project. To add it, Council could direct us to add it to the miscellaneous drainage list
or not approve the projects recommended and request that we add it to the projects.
Council Member Young requested it be added to the miscellaneous drainage list for
consideration.
Mayor Pro Tem Brock asked if this request was the same as currently listed.
Rick Svehla said he did not have the specific list with him, but he thought they were different
projects. The item would be added as requested. The Oversite Committee would consider that
list next year when we sell bonds in March. To get it on the 5th-year's list, you would have
to list it as a specific project; to do that, the Council would have to adjust the total of the bonds
to sell or take something off the list.
Council Member Young invited the Council to attend a neighborhood meeting in Township II
next Thursday on San Gabriel at 6:00 p.m.
Jon Fortune concluded the presentation of the General Fund and proceeded to the Utility Fund
of the CIP.
Council Member Cochran asked what the DMC cost for utilities was for.
Ion Fortune believed that was the utilities portion of their cost to be allocated for that building.
Ted Benavides, City Manager, explained that they benefit from the customer service operations
being housed in the DMC building, so a portion of the cost was allocated to them.
Mayor Miller pointed out the item Regulatory Disinfection Modification of $6.5 million. It was
an expenditure that we make; we do not get one additional penny of revenue to cover that. We
wonder why water costs go up. This allows us to have good water and a safe environment, but
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Page 20
it docs not contribute to revenue. It was a cost item; it is one-fifth of the capital improvement
of that five-year period.
Council Member Young asked when would the Pecan Creek Bridge project get started.
Jon Fortune stated that it was currently scheduled for the year 2001-2002.
Mayor Pro Tern Brock asked if the Mayhill/Loop 288 connector road was allocated for right-of-
way. On the Collins Street project, she asked if that was the earliest it would be considered.
She felt it desperately needed attention. Willowwood paving and drainage--she thought it should
be curbed and guttered (McCormick-west). It would seem that this neighborhood could qualify
for block grant funds. The area is highly traveled (to the school, to Denia) and in very poor
condition.
Rick Svehla said no. It was actually building the road with the assumption that the landowner
would dedicate the right-of-way. The Collins Street project would be considered in 1998-99.
The Willowwood project was to be paved two-lanes wide or 25 feet.
Jon Fortune added that in September we will make our presentation to Council to approve the
resolution for the first year.
Council Member Young wanted to know if CIP funds could be used for an infill project.
Jon Fortune said yes, if the project would be capital-related.
Ted Benavides commented that it would have to meet the scope of what was approved.
28. The Council considered nominations/appointments to the City's Boards and Commissions.
Durrance motioned to table until July 1, Kristoferson seconded.
Council Member Young asked to continue with the process. He did his homework and was
prepared to continue.
Council Member Kristoferson said she just got the information today and had not had a chance
to look at it.
Council Member Cochran said he was ready to make a couple of motions.
Council Member Beasley said she would rather walt so that all members would be prepared.
On roll vote, Beasley "aye", Kfistoferson "aye", Coehran "aye", Durranee "aye", Young "nay",
Brock "aye" and Mayor Miller "aye". Motion carded with a 6-1 vote.
29. Miscellaneous matters from the City Manager.
City of Denton City Council Minuteg ·
June 17, 1997
Page 21
105
Ted Benavides, City Manager, had no matters for the City Council at this time.
30. New Business
Suggestions were made for future agendas.
Mayor Miller reminded everyone that the next meeting would be July 1 at the DMC on East
Hickory Street. Council would convene meetings there during the months of July and August.
There will be plenty of seating, live television, and a meeting room for our closed session (in
the Jury Room, left at main entrance of Police wing).
Mayor Pro Tem Brock asked that Council consider a date at the July 1 meeting to mow and pick
up their adopt-a-spot.
Mayor Pro Tem Brock recommended that Council look at the park dedication policy. She would
like a report on what the park dedication policy was.
Council Member Young asked that the City Manager look at the process to get Carpenter and
Mayhill Road water/sewage improvements through the community block grant.
31. The Council did not have a continuation of the closed meeting.
With no further business, the .meeting was adjourned.
CITY OF DENTON, TEXAS
VERONICA ROLEN
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
AAA05263