Minutes February 17, 1998 CITY OF DENTON CITY COUNCIL MINUTES
February 17, 1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, February 17, 1998 at 5:45 p.m. in the City Council Work
Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Consultation with Attorney–Under TEX. GOV’T. CODE Sec. 551.071
1. Considered and discussed settlement of claim brought by Allison Carreiro
against the City of Denton, Texas, for personal injuries allegedly suffered on
March 24, 1996.
2. Considered and discussed status of case with City Attorney in litigation styled
Hansen Information Technologies, Inc. v. Azteca Systems, Inc. and City of
Denton, Cause No. 4:97cv308 filed in the U.S. District Court, Eastern District,
Sherman Division.
B. 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, February 17, 1998 at 7:00 p.m. in the
Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
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 January 6, January 13, January 20, January
21, and January 27, 1998.
Beasley motioned, Brock seconded to approve the minutes as presented. On roll vote, Beasley
“aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
City of Denton City Council Minutes
February 17, 1998
Page 2
AWARDS/PRESENTATIONS
3. Proclamations
There were no proclamations for this meeting.
4. Resolutions
The Council considered the following:
A. Approval of a resolution of appreciation for Mark Boyd.
Mr. Boyd was not present at the meeting.
B. Approval of a resolution of appreciation for Jimmie Brown.
Brock motioned, Young seconded to approve the resolution. On roll vote, Beasley “aye”, Kristoferson
“aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
CITIZEN REPORTS
5. Receive a report from Dessie Goodson regarding the City of Denton.
Ms. Goodson was not present.
6. The Council received a report from Pyarali Hooda regarding discrimination on a variance at
1025 Dallas Drive
Mr. Hooda stated that he had recently remodeled his store on Dallas Drive. The City put curbs
near the gas pumps that made it difficult for customers to get in and out of the station. He
requested a variance for the curbs.
Mayor Miller stated that Council had received a report from the staff. It was his understanding
that a request was to have been made to the Traffic Safety Commission for a variance which was
not done. He suggested Mr. Hooda meet with staff to determine what procedures to follow.
Hooda stated that when he submitted the plan to the City, he received a variance for
approximately 15 feet for the curbs. When completed, an inspector indicated that he only had five
feet for the curbs. If he had been told that earlier, he would have changed the plans.
Mayor Miller stated that the appropriate process was to go through the Traffic Safety
Commission for a variance request. There were differences in what the process was that was
followed.
Hooda stated that it would take time if he went through Traffic Safety. He had a letter from the
th
City indicating that he had to have the curbs in the right location by February 20. He needed
time to go through those procedures.
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February 17, 1998
Page 3
Council Member Young stated that Mr. Hooda was requesting an extension of time for moving
the curbs and questioned if Council could provide that time.
Mayor Miller stated that Hooda needed to get with Rick Svehla to determine the process.
Council might not be aware of all of the facts of the case and he was not certain Council could
grant an extension of that time period.
Rick Svehla, Deputy City Manager, stated that certain requirements were noted during the plan
design phase that Mr. Hooda was not comfortable with. He sought a variance from the Traffic
Safety Commission. That request was on the January agenda but Mr. Hooda did not appear nor
did any representatives. The Commission voted to deny the request. The letter Mr. Hooda was
referring to indicated that Traffic Safety had denied the variance request and Mr. Hooda was
required to move his bumper blocks back to his property line. At this point the only option might
be was to go back to Traffic Safety.
City Attorney Herb stated that Traffic Safety had the final decision with no appeal to the Council.
The only possibility was that Traffic Safety might reconsider the request.
7. The Council received a report from Ali Al-Khafaji regarding discrimination on a variance at
1025 Dallas Drive.
Mr. Al-Khafaji stated that he owned the property at Dallas Drive that Mr. Hooda leased. Mr.
Hooda tried to enlarge his store and a lady who worked for the City approached Mr. Hooda and
asked him if he was buying or leasing the property. She told him that if he bought the property he
would be free to do anything with the corner without obligation. If Mr. Hooda did not buy the
property, she indicated that the City would watch his every step. When some person was singled
out, it was discrimination. The City was liable because the city employee discriminated against
the Al-Khafaji family. A grandfather clause should apply to this case. Another corruption he was
aware of was “payola”. He had talked to the former Mayor, Mr. Nash, to help Mr. Hooda.
There was a need to stop corruption in the City. He did not want to sue the city .
8. The Council received a report from Ross Melton regarding stonewalling; targeting elderly
widows.
Mr. Melton stated that streetlights were still burning in the daytime. Code Enforcement would
not talk to him and neither would the City Attorney. The City was going to proceed against his
mother rather than against him, as she owned the property and he lived there. The City’s trash
and debris ordinance was illegal. There was an arbitrary decision of what was trash. The City
Attorney did not listen to citizens. The Council was responsible for what happened in the City.
CONSENT AGENDA
Council Member Young asked that Item #15 be pulled for individual discussion.
Durrance motioned, Cochran seconded to approve the Consent Agenda and the accompanying
ordinances except for Item #15. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”,
Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously.
City of Denton City Council Minutes
February 17, 1998
Page 4
9. NO. 98-026
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A 90 HORSEPOWER LOADER/BACKHOE
TRACTOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2121 – Loader/Backhoe Tractor to
Dallas Ford New Holland for $56,149.00)
10. NO. 98-027
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF CONCRETE STREETLIGHT POLES;
PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE. (Bid #2155 –Concrete Streetlight Poles for $36,680.00)
11. NO. 98-028
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF A CONTRACT FOR THE PURCHASE OF LEATHER UNIFORM
JACKETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2156 – Leather Uniform Jackets for
$30,419.40)
12. NO. 98-029
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TWO 69 KV OUTDOOR CIRCUIT
BREAKERS; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING
FOR AN EFFECTIVE DATE. (Bid #2159 – 69 kV Circuit Breakers for $65,600.00)
13. NO. 98-030
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A VIBRATING TRENCH ROLLER;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FOR AN EFFECTIVE DATE. (Bid #2162 – Vibrating Trench Roller for $28,734.00)
14. NO. 98-031
AN ORDINANCE APPROVING A CONTRACT AND PROVIDING FOR THE
EXPENDITURE OF FUNDS FOR THE ANNUAL SUPPLY OF TIRES AND TUBES BID
BY THE STATE PURCHASING GENERAL SERVICES COMMISSION AND
PROVIDING FOR AN EFFECTIVE DATE. (PO #83108 – TAS of Denton for $70,000.00)
City of Denton City Council Minutes
February 17, 1998
Page 5
16. NO. 98-032
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR
CONSTRUCTION OF EVERS PARK T-BALL FIELD LIGHTING TO TRICO
ELECTRIC, INC. IN THE AMOUNT OF $69,000.00; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE. (Bid #2168 – Evers Park T-Ball Field Lighting Project for $69,000.00)
17. NO. R98-009
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF
THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED
FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND
ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND
PROVIDING AN EFFECTIVE DATE.
18. NO. 98-034
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING THE FIRST AMENDMENT TO THAT AGREEMENT BETWEEN THE
CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT
AND TO EXPEND FUNDS WITH RESPECT TO THE FIRST AMENDMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
19. NO. 98-035
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO UTILIZE PROPERTIES
LOCATED AT 701 AND 705 ROBERTSON IN THE CITY’S AFFORDABLE HOUSING
PROGRAM; AUTHORIZING CITY MANAGER TO FACILITATE THE SALE OF
THESE PROPERTIES UNDER THE CITY’S AFFORDABLE HOUSING PROGRAM;
AND PROVIDING AN EFFECTIVE DATE.
20. NO. 98-036
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF
DENTON, TEXAS, ON MAY 2, 1998, AND, IF A RUNOFF ELECTION IS REQUIRED,
ON MAY 30, 1998, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO
PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7 OF THE CITY COUNCIL
OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES;
APPOINTING ELECTION OFFICIALS; PROVIDING FOR EARLY VOTING;
PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN
ELECTRIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE
DATE.
City of Denton City Council Minutes
February 17, 1998
Page 6
21. NO. 98-037
AN ORDINANCE APPROVING AMENDMENT NUMBER THREE TO AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
INDEPENDENT SCHOOL DISTRICT RELATING TO HOLDING THEIR ELECTIONS
JOINTLY IN ELECTION DISTRICTS THAT CAN BE SERVED BY COMMON
POLLING PLACES; AND PROVIDING AN EFFECTIVE DATE.
PUBLIC HEARING
22. The Council held a public hearing and considered adoption of an ordinance to rezone a 0.425
acre tract from the Commercial conditioned (C[c]) zoning district to the Planned Development zoning
district and approval of a detailed plan. The subject property was located on the southeast side of
Loop 288, south of Spencer Road. (Z-97-026, Gary Williams Retail Company)
Dave Hill, Director of Planning and Development, stated that this item was a detailed plan and a
change in zoning. The location of the proposal was the Wal-Mart parking lot. The action requested
was to rezone from Commercial-conditioned to a Planned Development district with a detailed plan.
The proposed land use was for an unmanned gas station. The back-up materials indicated that this was
a high intensity area with no allocation limits. There were no inconsistencies with the Denton
Development Plan and no neighborhood meeting was held. The 20% rule was not in effect. A planned
development was required because the property would not have a required minimum street frontage.
The applicant indicated that the raised planting areas would not be disturbed except for one.
Conditions from the Planning and Zoning Commission dealt with lighting and signage. The applicant
changed the light fixtures in order to have them more vertical with less light diffusion. The signage
would not include a ground sign but rather a wall sign on the canopy of the station. Nothing indicated
for the record that showed what kind of aesthetic properties the development would have.
Mayor Pro Tem Brock asked if some type of wall sign would be permitted that would allow the
changing of prices for the gas.
Hill stated that there was no size limitation on a wall sign except that the actual portion of the sign
could not extend twelve inches beyond the structure. The sign would have to fit according to those
regulations.
The Mayor opened the public hearing.
Mike Kowalski stated that his company had done these types of developments with other Wal-Mart
stores. He reviewed the way the unmanned pump stations would work. During the first few months
an attendant would be present to help customers with the workings of the station. An employee would
visit the station twice daily to inspect the station and maintain cleanliness. This station would exceed
the requirements of the fire and safety code. A small building would be located on the site to house
computer equipment.
Council Member Beasley asked where the canopy sign would be located.
Kowalski stated that there would be two signs – one toward the Loop and one towards Wal-Mart.
City of Denton City Council Minutes
February 17, 1998
Page 7
The sign would be a three product price sign.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-038
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVELOPMENT
CONDITIONED PD[c]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION AND APPROVING A DETAIL PLAN FOR A 0.425 ACRE TRACT
LOCATED ON THE SOUTHEAST SIDE OF LOOP 288, SOUTH OF SPENCER ROAD;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Beasley 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.
23. The Council held a public hearing and considered adoption of an ordinance of the City of
Denton, Texas, amending Chapter 22 “Parks and Recreation” of the Code of Ordinances of the City of
Denton by adding an Article III providing for park land dedication or payment of cash in lieu thereof as
a condition to subdivision plat approval and payment of park development fees as a condition to
building permit issuance in order to provide for necessary park development; establishing a special fund
for money paid for park development; providing a penalty in the amount of $2,000 for violations
thereof; providing a severability clause; providing for a savings clause and providing for an effective
date.
Ed Hodney, Director of Parks and Recreation, stated that in 1997 Council directed staff to
prepare a park dedication ordinance for future consideration. Staff used input from the Planning
and Zoning Commission, the Parks and Recreation Board and citizens. There had been ten
separate public meetings and/or public hearings on this issue. The proposed ordinance had been
modified since the January 27th meeting after consultation with the City Attorney and an outside
attorney with expertise in planning and zoning issues. Section 22-35 contained most of the
changes of the ordinance. The provisions of the ordinance required park land dedication for
developments over 2,000 residents whether single family or multifamily. Land dedication would
apply to subdivisions not yet approved as preliminary or final plats prior to the effective date. It
would apply to all applications after the date of implementation. Fees in lieu of dedication would
be collected if subdivision generated less than 2,000 new residents. Those fees would not apply
to final plats approved prior to the effective date of the ordinance. The fees would apply to all
other preliminary and final plats. The ordinance also established a park development fee. Those
fees were $291 for single family lots and $187 for multi-family lots. Rather than having the fees
collected at the platting stage, the fees would be collected at the building permit stage prior to
issuance of the permit. Any rooftop that would be built would contribute both land and/or a fee
in lieu of land as well as the park development fee. Other provisions included a consideration for
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February 17, 1998
Page 8
additional land dedication. The City must spend the fees within 10 years of collection or the fees
with interest would be refunded to the developer upon request. The fees would have to be
tracked to specific subdivisions. A 50% credit would be given to a developer against the
requirement for land dedication in cases where a private recreational facility was proposed.
Council Member Cochran noted that a developer had to make a request for unused funds within
90 days from the end of the ten-year time frame. He felt that that was too short of a time period
to apply for that refund. He questioned if there was a legal provision for that length of time.
Hodney stated that there was no legal provision that he was aware of. A similar provision was
found in other ordinances.
Council Member Cochran felt that the time frame should be left open for application of a refund.
Council Member Young asked if an individual homeowner would have to pay these fees.
Hodney replied that the land dedication or fee in lieu of dedication would not apply. The park
dedication fee of $291 would be collected without exception.
Council Member Young asked about commercial development.
Hodney stated that it only affected residential structures.
The Mayor opened the public hearing.
Mitchell Turner stated that he was in support of the ordinance. In prior years developers asked
for a volunteer dedication that had not worked. The time for a change was long overdue. This
ordinance would correct that. He did not agree that it was unfair for developers as they would
add the cost of the fees to the price of the home. He felt homeowners would be willing to do this
as they were willing to pay for a convenient park near their homes. He felt this ordinance would
not adversely affect the development of Denton. There currently was not enough parkland for the
residents of the city.
Tom Richards stated that his home was next to a park which added to the value of his home.
Decisions made now would affect the future residents. He felt this was a good idea and the
Council should support the proposal.
The Mayor closed the public hearing.
Mayor Pro Tem Brock stated that the Council had been looking at this ordinance for a long time
with much discussion. There were concerns about how this would impact affordable housing and
Council had made a commitment to look at the issue and to think in terms of how to deal with
that issue.
The following ordinance was considered:
NO. 98-039
City of Denton City Council Minutes
February 17, 1998
Page 9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 22
“PARKS AND RECREATION” OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON BY ADDING AN ARTICLE III PROVIDING FOR PARK LAND
DEDICATION OR PAYMENT OF CASH IN LIEU THEREOF AS A CONDITION TO
SUBDIVISION PLAN APPROVAL AND PAYMENT OF PARK DEVELOPMENT
FEES AS A CONDITION TO BUILDING PERMIT ISSUANCE IN ORDER TO
PROVIDE FOR NECESSARY PARK DEVELOPMENT; ESTABLISHING A
SPECIAL FUND FOR MONEY PAID FOR PARK DEVELOPMENT; PROVIDING A
PENALTY IN THE MAXIMUM AMOUNT OF $500 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Kristoferson seconded to adopt the ordinance.
Council Member Durrance stated that Council had considered this item on several occasions and
felt that this was a good issue. He was surprised that there were not more speakers on the issue
as many had expressed concerns regarding the amount of parks in the city.
Council Member Young stated that originally he was against the proposal as he felt there was a
budget for parks for current maintenance. He also felt it would have an effect on affordable
housing. But after polling the people in his district, the people were in favor of the park
dedication.
Council Member Beasley stated that everyone indicated a need to plan for growth but there was a
need to determine how to do that. As the population increased, the tax base would also increase
so as to allow for maintenance of the parks. This would be a gradual process and the funds would
be available to do this. She was also concerned about the effect on affordable housing and staff
was investigating how to allow affordable housing an exemption to these regulations.
Council Member Cochran felt that this was good for the community. This decision would have
far reaching consequences. It would promote equity in payment for parks. It was important to
have an adequate ratio of parks per person in the city. He suggested a friendly amendment to
omit the sentence concerning the 90-day requirement for a refund.
Hodney felt that rather than eliminate the time frame insert a specific length of time. To leave the
time frame open-ended would create an administrative problem.
Council Member Cochran suggested a one-year time frame.
Mayor Pro Tem Brock and Council Member Kristoferson agreed to that amendment.
Mayor Miller stated that the City had a shortage of parks and this proposal would help bring up
the standard. Beyond that, it would take the pressure off other property taxes.
On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”,
Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously.
City of Denton City Council Minutes
February 17, 1998
Page 10
24. The Council held a public hearing and considered adoption of an ordinance of the City of
Denton, Texas, amending Chapter 31 “Landscaping, Screening and Tree Preservation” of the Code of
Ordinances of the City of Denton by repealing Chapter 31 and adopting a new Chapter 31
“Landscape” of the Code of Ordinances of the City of Denton providing for mandatory tree
requirement per acre of development; providing a mandatory minimum planting area for all
development; providing for limits of clearing and grading for developments; establishing tree credits for
the preservation of trees; establishing requirements for screening and landscaping regarding parking
lots, outdoor storage areas and bufferyards; providing for the administration of tree inventory plans,
landscape plans and plot plans and for enforcement of the ordinance; providing for the adoption of fees
to administer and enforce ordinance; providing a civil penalty in the maximum amount of $1,000.00 for
violations thereof; establishing a selected species list; providing a penalty in the maximum amount of
$500.00 for violations thereof; providing a severability clause; and providing for an effective date.
Dave Hill, Director of Planning and Development, stated that this was the third item in the
implementation phase of the planning activities. This item was a public hearing with consideration
of a replacement ordinance for Chapter 31 of the Code. There were numerous public meetings
held on this issue. Initially staff was asked to revise an ordinance that was considered awkward in
terms enforcement with interpretation difficulties. Staff was also asked to find a way to bolster
tree preservation. The approach was to use an urban forest concept with the concept of the 20-20
rule. The 20-20 rule referred to development sites preserving 20% of total lot planting area and
20 trees per acre being required as a measurement of urban forest. The other component was that
the application for requirements would be for multifamily and commercial properties. This would
affect all properties equally. Future developments would have to participate in this ordinance.
There were five items brought up at the work session for discussion. The first item involved
penalties for violations which it was felt did not reflect the value of trees if removed illegally. If
there were a violation where trees were removed illegally, the applicant would have to submit
either a new or amended landscape plan approved by DRC with a daily fine accumulating for
violations. There was also a clause providing for injunctive relief to stop the violations promptly
with a civil penalty in the penalty section. The second issue dealt with “monarch” trees – a
definition should be added to the ordinance defining monarch trees as trees which have been
determined by the Director to be of significant value because of its species, size, age, form,
historical significance or other characteristics. The nomination of a monarch tree would take
place only during landscape plan review by the Director or Director’s staff. An appeal could be
made to the Planning and Zoning Commission.
Council Member Cochran expressed a concern with how general the designation was written in
regards to a monarch tree in that there was no objective definition for such a tree. He felt there
should be some type of definition that was not as general.
Hill stated that some type of minimum diameter might be used as a guideline. The problem with
that was some older trees might not grow to a great size. A revised selected specifies list was
included with a designation which showed trees for tree credit and those for monarch tress
preservation.
Council Member Durrance asked if an age requirement might be considered adequate for a
“monarch” tree.
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February 17, 1998
Page 11
Hill stated that the selected specifies list identified trees that would be climaxed trees for the area.
It would be preferable to not measure the age of the trees.
Mayor Pro Tem Brock stated that one suggestion was to allow citizens to nominate a tree, which
would be special. This might be an additional means to identify monarch trees.
Hill stated that nominations could be allowed if desired.
Mayor Miller stated that there could be two approaches. One could be the one size of the tree
and other could be citizen input. Size and citizen input or Director’s input would allow for a
better definition of those trees.
Hill stated that the third issue from the Work Session involved irrigation recommendations for the
proposed ordinance. There was no change from the prior version. There was the feeling that the
developer installing the trees would value them and water them properly.
Council Member Kristoferson asked about the three year time period for watering.
Hill stated that the three-year time period was critical for the survival of the tree but there was no
recommendation that that be an enforcement period.
Council Member Beasley stated there never was a recommendation to have irrigation
requirements for residential property.
Hill replied correct.
Council Member Beasley stated that once the final building approval was reached for residential
property, the city would not monitor those plantings.
Hill stated that a companion document could be provided regarding irrigation that would help
developers maintain their plantings.
Council Member Cochran understood that surface water such as a hose bib would be required
within 100 feet.
Hill stated that that had been deleted from the ordinance as it would not encourage water
conservation measures. Item 4 of the issues related to the revised selected species list to be
included in the ordinance. The list was more user friendly to use as a beginning for planting
materials. Issue 5 related the Planning and Zoning Commission’s issues. The major items
included species diversity and a definition of the limits of clearing and grading.
The Mayor opened the public hearing.
Owen Yost stated that he like the intent of the proposed ordinance. It preserved the natural
resources of Denton. It did not prohibit development but interred insensitive development. Most
developers landscaped sites adequately which was economical for the development. He hoped
City of Denton City Council Minutes
February 17, 1998
Page 12
that qualified individuals would review the plans as some individuals who were not qualified
would enforce the plans which he felt would not be good.
Darrell Haskins stated that he was against the proposed ordinance. He felt this would create an
administrative problem to count every tree around a property and to make sure those trees were
still growing.
Tom Edmundson stated that part of the proposal was good and part was not. He wanted Denton
to be the nicest place for large corporations and for the residents. He felt there needed to be a
requirement for water on site for developments for those individuals who wanted the vegetation
to survive.
Nancy Ustick stated that the fines assessed might need more research. She knew of developers
who had given money to communities when beginning to develop rather than follow certain
requirements. She felt that the fines might be larger. She would like to see certified irrigation
individuals involved in the development of the landscape.
Mayor Miller indicated he had speaker cards from the following individuals who did not wish to
address the Council:
Witt Dieterich
Jan Viles
Jocile Shirley
Peter Hustrand
Robert McFarland
Tony Jaeques
Cliff Mycoskie
Dave Noble
The Mayor closed the public hearing.
Mayor Pro Tem Brock expressed a concern about the 20-20 aspect of the ordinance.
Brock motioned, Young seconded to postpone consideration of the proposal for a short time in
order to have one more work session to look at specific cases such as commercial projects in
progress. She felt more discussion was needed. If there were any changes after the next work
session, another public hearing would be held.
Council Member Young felt that the ordinance still needed more work. He felt there were
problems with the 20-20 rule and problems with indicating certain size trees in yards.
Council Member Beasley indicated that she was still concerned about monarch trees with no clear
definition and procedure to follow for that process. She was still concerned about irrigation and
the need for some type of irrigation requirements. There was a need to review the Planning and
Zoning Commission recommendations which had not been addressed. She felt it would be helpful
to see projects with this rule applied. She liked the concept that was simple with clearing and
grading requirements but more details needed to be worked out.
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February 17, 1998
Page 13
Council Member Kristoferson stated that she would agree to postponement but was in favor of
the proposal. She felt that the intent of the ordinance was excellent. She had some reservations
about irrigation.
On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”,
Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously.
VARIANCES
25. The Council considered approval of an exaction variance to Section 34-116(e), water line
capacity, of the Subdivision and Land Development Regulations for a 10.003 acre tract located in
Division One of the City of Denton’s extraterritorial jurisdiction. The property was located on the
west side of Hillview Road, approximately 762 feet north of Jackson Road and would consist of
three single family lots. (The Planning and Zoning Commission recommended approval.)
Dave Hill, Director of Planning and Development, stated that Items #26 and #27 were related.
This was a three lot subdivision. The variance was for the requirement of water line capacity for
500 gallons per minute and was requested due to the lack of adequate distance from a water line
connection. The cost for the water line would be $450,000 which was deemed by the Planning
and Zoning Commission to exceed a reasonable benefit to the property owner. The Planning and
Zoning Commission recommended approval of this variance.
Cochran motioned, Brock seconded to approve the variance. On roll vote, Beasley “aye”,
Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
26. The Council considered approval of an exaction variance to Section 34-116(c), fire
hydrants, of the Subdivision and Land Development Regulations for a 10.003 acre tract located in
Division One of the City of Denton’s extraterritorial jurisdiction. The property was located on the
west side of Hillview Road, approximately 762 feet north of Jackson Road and would consist of
three single family lots. (The Planning and Zoning Commission recommended approval.)
Dave Hill, Director of Planning and Development, stated that if the water lines were not required,
the fire hydrant requirement should also be excluded.
Cochran motioned, Beasley seconded to approve the variance. On roll vote, Beasley “aye”,
Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
ITEMS FOR INDIVIDUAL CONSIDERATION
Item #15 was considered from the Consent Agenda.
City of Denton City Council Minutes
February 17, 1998
Page 14
15. The Council considered adoption of an ordinance accepting competitive bids and
providing for the award of a contract for public works or improvements for construction of the
Civic Center Pedestrian Bridge Project in the amount of $103,472.00; providing for expenditure
of funds therefor; and providing for an effective date. (Bid #2161 – Civic Center Pedestrian
Bridge Project for $103,472.00)
Council Member Young asked about the size of the bridge.
Ed Hodney, Director of Parks and Recreation, indicated that the bridge would be 85 feet long and 10
feet wide.
Council Member Young asked about the possibility of using an historic bridge there.
Hodney stated that the historic iron bridges were looked at several months ago. At that time staff
communicated to Council and to Mildred Hawk that the bridges were not the design character and
dimensions needed for the park. There was a possibility of using sites along the rail-trail for the
bridges.
The following ordinance was considered:
NO. 98-032
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR
CONSTRUCTION OF THE CIVIC CENTER PEDESTRIAN BRIDGE PROJECT IN THE
AMOUNT OF $103,472.00; PROVIDING FOR EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2161 –CIVIC CENTER
PEDESTRIAN BRIDGE PROJECT FOR $103,472.00)
Cochran motioned, Beasley seconded to adopt the ordinance. He indicated that this bridge was
necessary in order to move people plus wheelchairs across the bridge. The current bridge had been
inadequate for a number of years. This was a safety issue as much as an aesthetics issue.
On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “nay”,
Brock “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote..
27. The Council considered approval of a resolution to declare the intent to reimburse expenditures
from unreserved retained earnings of the water and wastewater funds with Certificates of Obligation;
and providing an effective date.
Kathy DuBose, Assistant City Manager for Finance, stated that this resolution would allow staff
to go forward with the forecasting analysis for the comprehensive plan and the impact fee
analysis. Legislation now allowed the declaration of intent to reimburse funds with proceeds from
a bond sale 18 months before that issuance.
City of Denton City Council Minutes
February 17, 1998
Page 15
The following resolution was considered:
NO. R98-010
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM UNRESERVED RETAINED EARNINGS OF THE WATER AND
WASTEWATER FUNDS WITH CERTIFICATES OF OBLIGATION; AND
PROVIDING AN EFFECTIVE DATE.
Brock motioned, Cochran seconded to approve the resolution..
Council Member Young stated that he was against impact fees so he would be against paying the
consultant. Staff should do this and not a consultant. He felt the current system was not fair.
On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “nay”,
Brock “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
28. The Council considered adoption of an ordinance approving professional services
contracts with:
A. Applied Geographic Technologies, Inc. for wastewater collection system,
master planning and engineering services related to the Comprehensive Plan Development and
Impact Fee Implementation. (RFSP #2140A)
B. RUST Environment and Infrastructure, Inc. for comprehensive land use
planning. (RFSP #2140B)
Jill Jordan, Interim Director of Water/Wastewater Utilities stated that this study would provide a
master plan for a wastewater system. It would update the water distribution study to be compatible
with the land use assumptions in the new forecast for the development and build out of the city. It
would also provide money for a feasibility study to help determine whether or not to enact impact fees
for roadways and drainage system.
Council Member Beasley asked if there were anyone on staff who could do this type of work.
Jordan stated that they had looked at staff doing the wastewater master plan but there was no way to
do it within the next three years and still have time to do other work.
Council Member Cochran asked when was the last study done.
Jordan stated that the drainage system was updated in 1990 and was a generalized master plan for
drainage. It dealt more with the pipe system. There were also a number of flood plain studies that
were not complete. This proposal was for a wastewater master plan and water master plan.
The following ordinances were considered:
City of Denton City Council Minutes
February 17, 1998
Page 16
NO. 98-040
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR PROFESSIONAL SERVICES FOR WASTEWATER COLLECTION
SYSTEM MASTER PLANNING AND ENGINEERING SERVICES RELATED TO
COMPREHENSIVE PLAN DEVELOPMENT AND IMPACT FEE IMPLEMENTATION
WITH APPLIED GEOGRAPHIC TECHNOLOGIES, INC; AND PROVIDING AN
EFFECTIVE DATE.
NO. 98-041
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR PROFESSIONAL SERVICES FOR FORECASTING AND LAND USE
PLANNING SERVICES RELATED TO COMPREHENSIVE PLAN DEVELOPMENT
AND IMPACT FEE IMPLEMENTATION WITH RUST ENVIRONMENTAL &
INFRASTRUCTURE, INC.; AND PROVIDING AN EFFECTIVE DATE.
Cochran motioned, Kristoferson seconded to adopt the ordinances. On roll vote, Beasley “aye”,
Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “nay”, Brock “aye”, and Mayor
Miller “aye”. Motion carried with a 6-1 vote.
29. The Council considered approval of recommendations from the 1996 Oversight Committee for
miscellaneous street, drainage, traffic signals, sidewalks, and recreation fields.
Rick Svehla, Deputy City Manager, stated that the recommendations from the Oversight
Committee were listed in the back-up materials. There were a number of projects in each area
which were gathered by neighborhood meetings for use and need and city boards.
Kristoferson motioned, Beasley seconded to approve the recommendation. On roll vote, Beasley
“aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
30. The Council considered approval of a resolution of the City of Denton, Texas approving the
application of International Isotopes, Inc. for plan line funds for construction of water lines for a facility
near Woodrow Lane; and declaring an effective date.
Council Member Young abstained from voting due to a conflict of interest.
Jill Jordan, Interim Director of Water/Wastewater Utilities stated a development plan line was an
opportunity to help developers with the cost of water/wastewater lines to their property. In this
case there was a need for a water line to the property. The cost of the water line would be
$77,000. There would be a net benefit to the City to participate in this water line.
The following resolution was considered:
NO. R98-011
City of Denton City Council Minutes
February 17, 1998
Page 17
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE
APPLICATION OF INTERNATIONAL ISOTOPES, INC. FOR PLAN LINE FUNDS
FOR CONSTRUCTION OF WATER LINES FOR A FACILITY NEAR WOODROW
LANE; AND DECLARING AN EFFECTIVE DATE.
Brock motioned, Durrance seconded to approve the resolution.
Council Member Cochran stated that he would be voting against the proposal due to the fact that
the City was already building a $700,000 road for the development. He felt multipliers of wage
impact were being used to determine net profit to the community. He questioned those
assumptions.
Council Member Beasley stated that there was a policy in place to assist those who qualified. If
Council did not want to do then, there should not be a policy but if a development met the
requirements, the Council should proceed.
Mayor Pro Tem Brock stated that the City had never used all of the money allocated for these
types of projects. This was a long-standing policy which would further the goals of the master
plan. This development fit the area to encourage continuous development in area.
Council Member Cochran stated that he was also opposed to the proposal as there were other
pressing needs for funding and those funds for such projects could be used for projects such as
infill within the city. This was a regressive type of tax.
On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “nay”, Durrance “aye”, Brock “aye”,
and Mayor Miller “aye”. Motion carried with a 5-1 vote.
Council Member Young returned to the meeting.
31. The Council considered adoption of an ordinance partially vacating a certain drainage easement
recorded in the Real Property Records of Denton County, Texas at Volume 1979, Page 210; and
providing for an effective date. (Southwest corner of Audra Lane and Loop 288)
Rick Svehla, Deputy City Manager, stated that the next three items were vacating easements. In all of
these cases new easements had already been obtained in either a different location or a similar location.
This ordinance would straighten an easement. The next two ordinances no longer needed the
easements.
The following ordinance was considered:
NO. 98-042
AN ORDINANCE PARTIALLY VACATING A CERTAIN DRAINAGE EASEMENT
RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS
AT VOLUME 1979, PAGE 21; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
February 17, 1998
Page 18
Beasley motioned, Cochran 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.
32. The Council considered adoption of an ordinance partially vacating a certain sewer and
drainage easement from H. D. Roberts and wife, Stella Roberts, to the City of Denton by easement
deed on March 3rd, 1960 and recorded with Clerk’s File Number 3881; and providing for an effective
date. (Northwest corner of Stuart and Windsor Drive)
Rick Svehla, Deputy City Manager, stated that these facilities had been abandoned and a new easement
had been obtained.
The following ordinance was considered:
NO. 98-043
AN ORDINANCE PARTIALLY VACATING A CERTAIN SEWER AND DRAINAGE
EASEMENT FROM H.D. ROBERTS AND WIFE, STELLA ROBERTS TO THE CITY
RD
OF DENTON BY EASEMENT DEED ON MARCH 3, 1960 AND RECORDED WITH
CLERK’S FILE NUMBER 3881P; AND PROVIDING FOR AN EFFECTIVE DATE.
Cochran motioned, Durrance 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.
33. The Council considered adoption of an ordinance partially vacating a certain utility easement
recorded in the Plat Records of Denton County, Texas at Cabinet I, Page 118, as it pertains to Lot 2R,
Block A, of the Bell Place Addition; and providing for an effective date. (816 N. Bell Avenue)
Rick Svehla, Deputy City Manager, stated that a transformer had been moved at this location and
the easement was no longer needed.
The following ordinance was considered:
NO. 98-044
AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT
RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT CABINET
I, PAGE 118, AS IT PERTAINS TO LOT 2R, BLOCK A, OF THE BELL PLACE
ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE.
Cochran motioned, Beasley 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.
34. The Council considered adoption of an ordinance of the City of Denton, Texas abandoning and
vacating prescriptive street right-of-way easements to the portion of Blagg and Trinity Roads located
in the Lakeview Ranch Addition, Phase 1; providing for the reversion of the fee in said land; and
City of Denton City Council Minutes
February 17, 1998
Page 19
declaring an effective date.
Rick Svehla, Deputy City Manager, stated that Lakeview Ranch was platting new size lots verses
the old planned development that was in place. In doing so they wanted to close a portions of
road to plat lots on. Staff had worked out a schedule with the developer in terms of paving for
closing the old road and opening the new road. There would be access provided along the old
roads until the new roads were completed.
Kay Wilkinson stated that she did not have a problem closing Trinity Road. She had a concern
with the egress out of area should Highway 380 be closed. There was only one way to get in and
out of the city. If there were an accident during construction, it would close the highway. They
would not be locked in but would have to zigzag through the subdivision. Blagg Road was
deteriorating badly. She asked who would maintain Trinity Road in the interim as it was in poor
condition.
Maurice Wilkinson stated that the Lakeview property had been a very serious problem. Vehicles
were constantly going into the property for “mudding”. There also was a trash problem in the
area as it was used as a dump ground. Motorcycles were in the area all of the time to ride in the
area. He was also concerned about the new plant coming into the area that would give off lead
omissions. The area was terribly neglected.
Rhea McNett questioned whether the City or the County would maintain Blagg Road if it were
closed. If it were closed the only access would be back to Lakeview and around.
Svehla stated that as the new roads were built, the old roads would be used until completed.
The following ordinance was considered:
NO. 98-045
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND
VACATING PRESCRIPTIVE STREET RIGHT-OF-WAY EASEMENTS TO THE
PORTIONS OF BLAGG AND TRINITY ROADS LOCATED IN THE LAKEVIEW
RANCH ADDITION, PHASE 1; PROVIDING FOR THE REVERSION OF THE FEE
IN SAID LAND; AND DECLARING AN EFFECTIVE DATE.
Beasley motioned, Durrance 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.
35. The Council considered adoption of an ordinance amending the Schedule of Electric Rates
contained in Ordinance No. 97-236 which adds an EnergySave Program Schedule (EP) and repeals
and replaces the Appliance Rebate Schedule (APR); providing for a repealer; providing for a
severability clause; and providing for an effective date.
Sharon Mays, Director of Electric Utilities, stated that this ordinance would update the energy
saving rates to modernize them. This was more important now as the city was in a position to
acquire additional capacity to meet Denton’s load growth.
The following ordinance was considered:
City of Denton City Council Minutes
February 17, 1998
Page 20
NO. 98-046
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES
CONTAINED IN ORDINANCE NO. 97-236 WHICH ADDS AN ENERGYSAVE
PROGRAM SCHEDULE (EP) AND REPEALS AND REPLACES THE APPLIANCE
REBATE SCHEDULE (APR); PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”,
Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously.
36. The Council considered nominations/appointments to the City’s Boards and Commissions.
There were no nominations made at this meeting.
37. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items for Council.
38. New Business
The following items of New Business were suggested by Council members for future agendas:
A. Council Member Beasley suggested looking at the notification process for zoning.
B. Council Member Young asked about the trees that were already planted in the median
on University Drive and what would happen to them during the construction.
City Manager Benavides stated that those trees were in the center of the median and would not be
disturbed during the construction.
39. There was no continuation of Closed Meeting under Sections 551-071–551.085 of the Texas
Open Meetings Act.
40. 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 10:45 p.m.
_________________________ ________________________
JENNIFER WALTERS JACK MILLER
CITY SECRETARY MAYOR
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS