Minutes March 17, 1998 CITY OF DENTON CITY COUNCIL MINUTES
March 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, March 17, 1998 at 5:15 p.m. in the City Council Work
Session Room
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, and Young.
ABSENT: Council Member Durrance
1. The Council considered the following in Closed Meeting:
A. Personnel Matters – Under TEX. GOV’T. CODE Sec. 551.074
1. Evaluation of Municipal Judge.
2. Evaluation of City Attorney.
3. Evaluation of City Manager.
B. Consultation with Attorney–Under TEX. GOV’T. CODE Sec. 551.071
1. Considered strategy and discussed status of case with City Attorney in
litigation styled Denton County Historical Museum, Inc. v. Denton County,
Texas and City of Denton, Texas, et al., Cause No. GC-98-00098-C filed in
the Probate Court of Denton County, including, but not limited to issues
related to allegations of breach of contract and ownership of artifacts.
2. 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.
C. Deliberations concerning Real Property – Under TEX. GOV’T. CODE Sec. 551.072
1. Discussed and considered condemnation of 1.83 acres of land in the M. Forrest
Survey, Abstract No. 417 for a street right-of-way easement needed for the
construction of Lakeview Blvd. from U.S. Highway 380 to 1200 feet south of
U.S. Highway 380.
D. Conference with Employees—Under TEX. GOV’T. CODE Sec. 551.075. The
Council received information from employees or question employees during a staff
conference or briefing, but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, March 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,
City of Denton City Council Minutes
March 17, 1998
Page 2
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.
PRESENTATIONS/AWARDS
2. Proclamations
Mayor Miller presented a proclamation for “Keep America Beautiful Month and Glad Bag-a-Thon
Day.
CITIZEN REPORTS
3. The Council received a report from Dessie Goodson regarding disappointment in city officials.
Ms. Goodson stated that the City officials recently went to Washington, D. C. She questioned if
they represented her or just their own issues. Her issues included public access of public records,
denial of utilities, the filing of fraudulent papers in Federal court, and the definition of a terroristic
threat. She would be taking her issues to the Supreme Court.
NOISE EXCEPTIONS
4. The Council considered a request for an exception to the noise ordinance for the Baptist
Student Ministry for an outdoor concert on April 9 from 8:00 p.m. to 11:00 p.m.
Jennifer Goodman, Management Assistant, stated that this request was from the Baptist Student
th
Ministry Association for an outdoor concert on April 9 and would be the end of a week’s worth
of activities. The location of the event would be on Avenue A in front of First State Bank. The
main source of noise would be the loudspeakers and amplifiers on a stage.
Beasley motioned, Brock seconded to approve the request. On roll vote, Beasley “aye”, Kristoferson
“aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
CONSENT AGENDA
Beasley motioned, Cochran seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young
“aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously.
5. NO. 98-064
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
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March 17, 1998
Page 3
CONTRACT FOR MOWING, TRASH REMOVAL, AND EROSION CONTROL;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (Bid #2170 – Mowing, Trash Removal, Erosion Control to Hardy
and Son Enterprises in the estimated annual expenditure of $25,000.00)
6. NO. 98-065
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TWO 3-PHASE 460 VAC VARIABLE
FREQUENCY DRIVES FOR A 400 HP MOTOR; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
(Bid #2172 – Variable Frequency Drives – Watson Electric Supply in the amount of
$45,508.00)
7. NO. 98-066
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A
CONTRACT FOR THE PURCHASE OF EARLY STORM WARNING SYSTEM
EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (RFSP #2150 – Early Storm Warning System
Equipment to A-Tek in the amount of $100,750.00)
8. Approved a tax refund to Tokai Financial Service for $619.07 due to a tax liability reduction
on 1996 Supplemental Roll #14 from the Denton Central Appraisal District.
9. NO. 98-067
AN ORDINANCE AMENDING THE COMPOST AND WOOD MULCH RATES
CONTAINED WITHIN THE SCHEDULE OF WASTEWATER RATES SET FORTH IN
ORDINANCE NO. 97-238 FOR COMPOST AND WOOD MULCH SERVICE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (PUB recommended
approval.)
10. NO. 98-068
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
DENTON AND THE UNIVERSITY OF NORTH TEXAS TO PROVIDE FUNDING TO
THE UNIVERSITY OF NORTH TEXAS VISUALIZATION LABORATORY;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
11. NO. 98-069
AN ORDINANCE AMENDING ORDINANCE NO. 98-036 TO INDICATE THE
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March 17, 1998
Page 4
ELECTION OFFICIALS FOR DISTRICT NO. 4; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
12. NO. 98-070
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF
OF THE CITY OF DENTON A 50’ PUBLIC STREET EASEMENT CONVEYING TO
THE CITY OF CORINTH THE RIGHT TO USE .1148 ACRE OF THE ABANDONED
RAILROAD RIGHT-OF-WAY TO BE USED FOR THE DENTON BRANCH
RAIL/TRAILS PROJECT FOR THE CONSTRUCTION OF BURL STREET WITHIN
THE CITY OF CORINTH; AND PROVIDING FOR AN EFFECTIVE DATE.
PUBLIC HEARING
13. The Council held a public hearing and considered an ordinance of the City of Denton, Texas,
designating the property located at 815 North Locust Street as a historic landmark under Section 35-
215, Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum
amount of $2,000 for violations thereof; and providing for an effective date. (HLC recommended
approval 6-0; P&Z recommended approval 7-0.)
Denisha Williams, Main Street Manager, stated that the property was well documented and well
prepared for the proposed zoning request. It met 5 of the 13 criteria considered for historic landmark
zoning. It was necessary to only met one criteria to qualify for the historic zoning. The current use of
the property was the Redbud Inn Bed and Breakfast. No opposition was received to the request.
Mayor Pro Tem Brock stated that if approved, the property would qualify for a tax exemption.
Williams stated that the under the current ordinance, it would qualify for a 50% abatement of taxes for
a 10 year period. That ordinance expired at the end of this year.
The Mayor opened the public hearing.
Donna Morris stated that she and her husband owned the building and asked for approval of the
request.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-071
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE
PROPERTY LOCATED AT 815 NORTH LOCUST STREET AS A HISTORIC
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March 17, 1998
Page 5
LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE
OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Cochran 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.
14. The Council held a public hearing and considered an ordinance of the City of Denton, Texas,
designating the property located at 821 North Locust Street as a historic landmark under Section 35-
215, Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum
amount of $2,000 for violations thereof; and providing for an effective date. (HLC recommended
approval 6-0; P&Z recommended approval 6-1.)
Denisha Williams, Main Street Manager, stated that this property owned by the same owners of the
previous request. This property met 5 of the 13 criteria with only 1 required for designated zoning.
There was no opposition by neighbors.
The Mayor opened the public hearing.
Donna Morris stated that she again would like approval of the request.
Dessie Goodson asked if this was considered a home occupation.
Mayor Miller stated that the property was properly zoned for the current use.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-072
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE
PROPERTY LOCATED AT 821 NORTH LOCUST STREET AS A HISTORIC
LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE
OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Cochran 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.
15. The Council held a public hearing and considered approval of a request to rezone a 0.316-acre
tract from an agricultural (A) zone district to an Office Conditioned (O[c]) zone district. The property
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March 17, 1998
Page 6
was located on the east side of Woodrow Lane, south of East McKinney Street (FM 426), also known
as 110 N. Woodrow Lane. (The Planning and Zoning Commission recommended approval.)
Dave Hill, Director of Planning and Zoning, stated that this request was to change the zoning from
agricultural to office-conditioned. The property was 0.316 acres located on the east side of Woodrow
Lane. The proposed use was for an office building for attorneys. Staff and the Planning and Zoning
Commission found that the proposal was consistent with the 1988 Denton Development Plan with a
low intensity use. Conditions on the proposal were consistent and compatible with conditions imposed
on adjacent office uses. Conditions included that lighting shall be designed and maintained so as to not
shine on surrounding property, a maximum building height of two stories, and a required landscape
bufferyard along the side and rear property lines. The next step in the process was the platting of the
property with no public improvements required. The property would have a shared driveway with the
neighboring property.
Council Member Young asked if the pine trees would remain on the property.
Hill replied yes that that was his understanding.
Council Member Young asked where the parking would be located.
Hill stated that that had not yet been determined.
The Mayor opened the public hearing.
Greg Edwards stated that this building would be an office for two attorneys. The owners were aware
of the conditions for the proposal and were in favor of the conditions. They only had a concern
regarding the added lighting condition so that it would not prohibit sidewalk lighting that would be low
to the ground. He requested support of the proposal.
Council Member Cochran asked about the parking as to whether it would be in the back or front of the
building.
Joanne Shipley Simmons, owner of the property, stated that that was not known yet but it probably
would be in the front of the building.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-073
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE OFFICE CONDITIONED (O[c]) ZONING DISTRICT
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March 17, 1998
Page 7
CLASSIFICATION AND USE DESIGNATION FOR 0.316 ACRES OF LAND LOCATED
ON THE EAST SIDE OF WOODROW LANE APPROXIMATELY 400 FEET SOUTH OF
EAST MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Beasley motioned, Young seconded to approve the proposal with the conditions from the Planning and
Zoning Commission and the added lighting condition. On roll vote, Beasley “aye”, Kristoferson “aye”,
Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
16. The Council held a public hearing and considered an amendment to the concept plan of PD-9
and approval of a detailed plan for the Fair Oaks Retirement Apartments. The 13.8 acre planned
development district was bounded by Lattimore Street to the north, Paisley to the south, Mulkey Street
to the west, and Audra Lane to the east. The Fair Oaks Retirement Apartments site was located one
hundred and twenty (120) feet east of the Mulkey Street and Lattimore Street intersection and was
approximately six hundred and fifty (650) feet deep, totaling 3.59 acres.
Council Member Durrance left the meeting with a potential conflict of interest.
Dave Hill, Director of Planning and Development, stated that Fair Oaks Retirement Apartments was a
proposal that would require an amendment to PD-9 which had an existing approved concept plan.
This request was for approval of an amendment to the existing concept plan and approval of the
detailed plan for the property. The entire planned development was 13.8 acres. The Fair Oaks detailed
plan of 3.9 acres was a portion of that planned development. The subdivision would be a one lot plat
to contain 41 one story apartments. The concept plan needed to be amended to allow for reduced
minimum square footage of the apartments. An amendment passed as an additional condition was that
land for an additional seven parking spaces be reserved but not built in case extra parking was needed
at a later date. The development would have access only to Lattimore Street and would be required to
install sidewalks on Lattimore Street. The petitioner held a neighborhood meeting at which sixteen
people attended. Most of the concerns were resolved by the end of the meeting. A concern was
expressed about what would happen to the rest of the property. The number of trees that would be
preserved would more than comply with the 20-20 rule of proposed landscape ordinance.
Council Member Kristoferson stated that the decrease in square footage was a required criteria of
HUD.
Hill replied correct.
The Mayor opened the public hearing.
Cheryl Harding stated that this proposal would expand services to the citizens of Denton by adding
affordable units for moderate income elderly in Denton. This type of housing was needed as there
were waiting lists for other units throughout Denton. HUD placed a requirement for the unit size and
the apartments would be built with a grant from HUD.
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March 17, 1998
Page 8
Bill Thomas stated that he was in support of the proposal. Due to the waiting list of such facilities,
there was a pressing need for more units.
The Mayor closed the public hearing.
Mayor Pro Tem Brock stated that this would be an added benefit to the neighborhood. The proposal
was planning to preserve a large number of trees. This kind of development was needed in Denton and
would be an example for Denton.
The following ordinance was considered:
NO. 98-074
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED
DEVELOPMENT DISTRICT CREATED BY ORDINANCE 70-52, TO PROVIDE FOR
AMENDMENT TO THE CONCEPT PLAN TO ALLOW MINIMUM LIVING SPACE OF
538 SQUARE FEET FOR ONE BEDROOM APARTMENT AND APPROVAL OF A
DETAILED PLAN FOR 3.59 ACRES THEREIN AS SHOWN IN THE ATTACHED
DETAILED PLAN FOR THE FAIROAKS RETIREMENT APARTMENTS, THE
SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF LATTIMORE
STREET, APPROXIMATELY 120 FEET WEST OF MULKEY STREET AND
EXTENDING 650 FEET SOUTH; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Kristoferson
“aye”, Cochran “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
Council Member Durrance returned to the meeting.
17. The Council held a public hearing and considered a request to rezone a 1.156 tract from a
Planned Development (PD-145) zone district to a Multi-Family One (MF-1) zone district. The
property was located east of McCormick Street, west of Avenue A, and north of Greenlee Street.
(The Planning and Zoning Commission recommended approval.)
Dave Hill, Director of Planning and Development stated that there would be no new development on
this site. This site was currently a six structure multi-family development. The applicant was
requesting the removal of the conditions from the zoning imposed when PD 145 was approved which
was set up to accommodate the use as a sorority. The sorority wanted to sell the property and in order
to do that the applicant wanted the sorority designation removed. The Planning and Zoning
Commission recommended approval provided the applicant met the parking requirements for the
property. The apartment units would require 42 parking spaces and there were 46 spaces available.
Access to the property was from Avenue A. The change would only remove the sorority condition.
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March 17, 1998
Page 9
Council Member Kristoferson noted that the intensity trips had increased due to the lack of off-site
parking. She questioned if this change would increase traffic in the area.
Hill replied probably not. This was an existing use requesting to go back to the pre-existing zoning it
had when built.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Mayor Pro Tem Brock stated that this proposal was requested by the new owners of the property that
would remove prior conditions. The zoning change would help to facilitate an upgrading of the
property.
The following ordinance was considered:
NO. 98-075
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE PLANNED DEVELOPMENT (PD-145) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE MULTI-FAMILY ONE (MF-1)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.156 ACRES
OF LAND LOCATED AT 1228-1232 AVENUE A; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
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.
18. The Council held a public hearing for Council to receive public comment regarding The
Denton Plan–Draft Policy Documents.
Dave Hill, Director for Planning and Development, stated that there were major revisions made to the
current policy during the public comment portions of the process. The most controversy was centered
on the draft growth management changes that positively worded a statement for use of zoning. Item
#12 was added for an annexation strategy. In the mixed use section of the neighborhood policies, a
sentence was deleted dealing with allowing a limited number of non-residential land uses and stated
that standards should be developed to ensure well mixed use projects for undeveloped property.
Existing neighborhoods would be protected and preserved. Language for recycling was added. The
urban design section added a new item for landscaping. A comment from the Planning and Zoning
Commission was to expand the glossary for inclusion of more terms.
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March 17, 1998
Page 10
The Mayor opened the public hearing.
Mitchell Turner stated that he had attended many of the meetings concerning the policies. Two
concerns he had with the draft housing policy and the growth management strategies had been
corrected. Two other suggestions he had dealt with the draft economic diversification policy. He
questioned if tax abatements should be mentioned in the documents. He felt that was a special issue
and should be considered separately from this plan. His other concern dealt with the draft
neighborhood policies and mixed use. He felt that mixed use was not a popular issue in Denton. The
current plan had provisions for neighborhood service centers. He suggested including a large intensity
area that contained 600-650 acres and designate it as a mixed use intensity area when the
comprehensive plan was developed and use it as a test case for development.
Suzanne Akins stated that she depended on public transportation to get where she needed to go. She
pointed out that the draft plan indicated that current zoning trends tended to separate land use from
each other increasing the need to travel and promoting social isolation for less mobile members of the
community, primarily the young and elderly. She suggested adding “disabled individuals” to that list.
Isolation existed in the neighborhoods due to two factors. One was the distance between trolley stops.
The other problem was expense. The demand response program was cost prohibitive and was
excessive for those needing the service. If an individual could not get to a trolley stop he could not get
where he needed to go. She was unable to get to a trolley stop as it was too far a walk from her home
and that prevented her from getting to a job. The trolley would cost only $.35 as opposed to $1.50 per
one way on demand response. She suggested that wording be added that mobility impaired citizens
including the elderly, young and disabled must be provided affordable and timely access to stores,
libraries, parks and other facilities that promote their social well-being. Two suggestions that would
help this situation included expanding or adding stops in the city and revitalizing the vision for demand
response service for all who needed it.
T. Jervis Underwood stated that considerations still needed to be made about a comprehensive traffic
plan. He attended the first public meeting regarding the plan and indicated at that meeting a need for a
comprehensive study of the present traffic plan in order to find trouble spots and then make plans to fix
them.
Vicki McCombs stated that tax abatements were noted during the discussion of these policies. She felt
that tax abatements were not fair to the citizens. She felt that before the Council started making tax
abatements as incentive for attracting business to Denton, more and different creative methods for
attracting businesses should be considered.
Dessie Goodson stated that the City had a contract with SPAN and the City imposed the $1.50 charge
for demand response. She knew of people who needed this service. Shelters should have been erected
more than two years ago. The City received state and federal funding and riders should not be charged
to ride the trolley and for the use of demand response service. She would be going to Washington to
speak and present these concerns there. She asked for public admission that the City did not have any
involvement, responsibility or control in this public transportation system.
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March 17, 1998
Page 11
The Mayor closed the public hearing.
VARIANCES
19. The Council considered approval of an exaction variance from Section 34-116(e), water line
capacity, of the Subdivision and Land Development Regulations for the Maegan Meadows Addition, a
9.75-acre tract located in Division One of the City of Denton’s extraterritorial jurisdiction. The
property was located on the east side of Hillview Road, north of Jackson Road and would consist of
five single family lots. (The Planning and Zoning Commission recommended approval.)
Dave Hill, Director of Planning and Development, stated that this request was similar to one the
Council considered several weeks ago. Five single-family lots would be developed on this site. The
site was more than 8,000 feet from the City’s water line. A variance was needed from the water
pressure requirements.
Beasley motioned, Cochran seconded to approve the request. On roll vote, Beasley “aye”,
Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
20. The Council considered approval of an exaction variance from Section 34-116(c), fire
hydrants, of the Subdivision and Land Development Regulations for the Maegan Meadows Addition, a
9.75-acre tract located in Division One of the City of Denton’s extraterritorial jurisdiction. The
property was located on the east side of Hillview Road, north of Jackson Road and would consist of
five single family lots. (The Planning and Zoning Commission recommended approval.)
Dave Hill, Director of Planning and Development, stated that this was the same property. If the water
line capacity was a variance, there would be no need for fire hydrants.
Council Member Kristoferson questioned that if development did approach this area and it was
annexed into the city, would the subdivision be required to retrofit fire hydrants to their area and who
would absorb that cost.
Rick Svehla, Deputy City Manager, stated that there were service plans provided with the annexations
and that plan would discuss the extension or lack of extension of services. Generally these were water
and sewer lines and if not provided in the beginning, the landowner would be required to provide them.
Cochran motioned, Beasley seconded to grant the variance. On roll vote, Beasley “aye”,
Kristoferson “nay”, Cochran “aye”, Durrance “aye”, Young “nay”, Brock “aye”, and Mayor
Miller “aye”. Motion carried with a 5-2 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
21. The Council considered adoption of an ordinance of the City of Denton, Texas, abandoning
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March 17, 1998
Page 12
and vacating a street right-of-way easement to the portion of Linden Street between Fulton and Alice
Streets; providing for the reversion of the fee in said land; and declaring an effective date.
Rick Svehla, Deputy City Manager, stated that the School District suggested the closure of
Linden Street due to the renovation of the football fields in the area. Both the Traffic Safety
Commission and the Planning and Zoning Commission recommend approval.
Council Member Cochran asked if the bridge in the area would be removed.
Svehla stated that staff was recommending that the City remove the bridge, as the channel in the
area would have to be widened in that location.
Council Member Beasley stated that the ordinance did not mention fencing, utility easement, fire
lanes, etc. as was discussed at the Planning and Zoning Commission meeting.
Svehla replied that that would be considered when the property was replated.
The following ordinance was considered:
NO. 98-076
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND
VACATING A STREET RIGHT-OF-WAY EASEMENT TO THE PORTION OF
LINDEN STREET BETWEEN FULTON AND ALICE STREETS; PROVIDING FOR
THE REVERSION OF THE FEE IN SAID LAND; AND DECLARING AN
EFFECTIVE DATE.
Kristoferson 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.
22. The Council considered adoption of an ordinance accepting a tract of land, as shown in the
dedication instrument executed by D. L. Porterfield, Trustee, attached hereto, for street and utility
purposes, and declaring an effective date. (Corner of proposed Audra Lane/Nottingham Connection)
Rick Svehla, Deputy City Manager, stated that this was part of the CIP program.
The following ordinance was considered:
NO. 98-077
AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN IN THE
DEDICATION INSTRUMENT EXECUTED BY D. L. PORTERFIELD, TRUSTEE,
ATTACHED HERETO, FOR STREET AND UTILITY PURPOSES; AND DECLARING
AN EFFECTIVE DATE.
City of Denton City Council Minutes
March 17, 1998
Page 13
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.
23. The Council considered adoption of an ordinance abandoning and vacating a right-of-way
easement for electric transmission and distribution lines in the vicinity of the southeast corner of
intersection of State Highway Loop 288 and F.M. 426 (East McKinney Street) as it pertained to Lots
1 & 2, Block A, Pebble Brook Addition; and providing an effective date. (The Development Review
Committee recommended approval. The Planning and Zoning Commission recommended approval.)
Rick Svehla, Deputy City Manager, stated this would abandon an easement that was very old.
Typically those easements did not follow straight lines. All easements had been acquired in order to
plat the ground and this easement was no longer needed.
The following ordinance was considered:
NO. 98-078
AN ORDINANCE ABANDONING AND VACATING A RIGHT-OF-WAY EASEMENT
FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES IN THE VICINITY OF
THE SOUTHEAST CORNER OF INTERSECTION OF STATE HIGHWAY LOOP 288
AND F.M. 426 (EAST MCKINNEY STREET) AS IT PERTAINED TO LOTS 1 & 2,
BLOCK A, PEBBLE BROOK ADDITION; AND PROVIDING AN EFFECTIVE DATE
Durrance motioned, Kristoferson 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.
24. The Council considered adoption of an ordinance amending the schedule of water rates
contained in Ordinance No. 97-237 for water service by correcting and amending the wholesale raw
water service to Upper Trinity Regional Water District Schedule (WRW); providing for a refund;
providing for a severability clause; and providing for an effective date. (Public Utility Board
recommended approval.)
Howard Martin, Assistant City Manager for Utilities, stated that this ordinance would change the water
rates to the Upper Trinity Regional Water District. A calculation error was made when the rate was
modified this year. There would be no need for a refund as the error was discovered early and the
District had been paying the correct amount.
The following ordinance was considered:
NO. 98-079
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN
City of Denton City Council Minutes
March 17, 1998
Page 14
ORDINANCE NO. 97-237 FOR WATER SERVICE BY CORRECTING AND
AMENDING THE WHOLESALE RAW WATER SERVICE TO UPPER TRINITY
REGIONAL WATER DISTRICT SCHEDULE (WRW); PROVIDING FOR A REFUND;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR 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.
25. The Council considered adoption of an ordinance amending the schedule of water rates
contained in Ordinance No. 97-237 for water service which adds the wholesale treated water service to
Upper Trinity Regional Water District for Schedule (WW2); providing for a severability clause; and
providing for an effective date. (Public Utility Board recommended approval.)
Howard Martin, Assistant City Manager for Utilities, stated that this ordinance would add the sale of
wholesale treated water to the Upper Trinity Regional Water District contract.
The following ordinance was considered:
NO. 98-080
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN
ORDINANCE NO. 97-237 FOR WATER SERVICE WHICH ADDS THE WHOLESALE
TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT
FOR SCHEDULE (WW2); PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
Cochran motioned, Brock 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.
26. The Council considered adoption of an ordinance creating Capital Improvements Advisory
Committee pursuant to Local Government Code Section 395.058 as a requirement before authorizing
impact fees; appointing the Planning and Zoning Commission members as members of the Advisory
Committee; providing for the appointment of and appointing one ad hoc member of the Advisory
Committee from the extra territorial jurisdiction of the City of Denton; providing for the adoption of
procedural rules for the Advisory Committee to follow in carrying out its duties; and providing for an
effective date.
Jill Jordan, Director of Water/Wastewater Utilities stated that State law required an advisory
committee be established to help with impact fees. The committee would look over the land use
assumptions, the CIP and would oversee the implementation of the fees. The options included a
separate committee or the use of the Planning and Zoning Commission with an additional member
added who lived in the ETJ area. That member would only function on the advisory committee
City of Denton City Council Minutes
March 17, 1998
Page 15
matters and was not a regular Planning and Zoning Commission member.
The following ordinance was considered:
NO. 98-081
AN ORDINANCE CREATING CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
PURSUANT TO LOCAL GOVERNMENT CODE SECTION 395.058 AS A
REQUIREMENT BEFORE AUTHORIZING IMPACT FEES; APPOINTING THE
PLANNING AND ZONING COMMISSION MEMBERS AS MEMBERS OF THE
ADVISORY COMMITTEE; PROVIDING FOR THE APPOINTMENT OF AND
APPOINTING ONE AD HOC MEMBER OF THE ADVISORY COMMITTEE FROM
THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON;
PROVIDING FOR THE ADOPTION OF PROCEDURAL RULES FOR THE ADVISORY
COMMITTEE TO FOLLOW IN CARRYING OUT ITS DUTIES; AND PROVIDING FOR
AN EFFECTIVE DATE.
Brock motioned, Cochran seconded to adopt the ordinance and appoint Doug Chadwick as the ETJ
member. 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 considered adoption of an ordinance declaring a public necessity exists and finding
that public welfare and convenience requires the taking and acquiring of a street right-of-way easement
in 1.83 acres of land located in the M. Forrest Survey, Abstract No. 417, owned by Ralph T. Bullard;
authorizing the City Manager or his designee to make an offer to purchase the property for its fair
market value and if such offer is refused, authorizing the City Attorney to institute the necessary
proceedings in condemnation in order to acquire the property necessary for the public purpose of
constructing Lakeview Boulevard from U.S. Highway 380 to 1200 feet south of U.S. Highway 380;
and declaring an effective date.
Rick Svehla, Deputy City Manager, stated that the City was currently working with the developer and
hopefully the easement could be worked out. If not, the City would proceed with the ordinance.
The following ordinance was considered:
NO. 98-082
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A STREET RIGHT-OF-WAY EASEMENT IN 1.83 ACRES OF LAND
LOCATED IN THE M. FORREST SURVEY, ABSTRACT NO. 417, OWNED BY RALPH
T. BULLARD; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE
AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND
IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO
INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO
City of Denton City Council Minutes
March 17, 1998
Page 16
ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF
CONSTRUCTING LAKEVIEW BOULEVARD FROM U.S. HIGHWAY 380 TO 1200
FEET SOUTH OF U.S. HIGHWAY 380; AND DECLARING AN EFFECTIVE DATE.
Brock motioned, Kristoferson 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.
28. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing
settlement of the claim of Allison Carreiro in an amount not exceeding $150,000; authorizing the City
Manager to act on the City’s behalf in paying the settlement, subject to the execution of a release
approved as to form by the City Attorney; and declaring an effective date.
City Attorney Prouty stated that it was recommended that Council authorize settlement of the claim in
an amount not to exceed $150,000.
The following ordinance was considered:
NO. 98-083
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
SETTLEMENT OF THE CLAIM OF ALLISON CARREIRO IN AN AMOUNT NOT
EXCEEDING $150,000; AUTHORIZING THE CITY MANAGER TO ACT ON THE
CITY’S BEHALF IN PAYING THE SETTLEMENT, SUBJECT TO THE EXECUTION
OF A RELEASE APPROVED AS TO FORM BY THE CITY ATTORNEY; AND
DECLARING AN EFFECTIVE DATE.
Durrance 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.
29. The Council considered nominations/appointments to City’s Boards and Commissions.
Mayor Miller stated that Tony Reece had been nominated to the Zoning Board of Adjustment by
Council Member Young at a prior meeting. On roll vote, Beasley “aye”, Kristoferson “aye”,
Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
Council Member Young nominated Maynell Shephard to the Human Services Committee.
30. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items for Council.
31. New Business
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March 17, 1998
Page 17
There were no items of New Business for future agendas.
32. There was no continuation of Closed Meeting under Sections 551-071–551.085 of the Texas
Open Meetings Act.
33. The following official action was taken on Closed Meeting items held under Section 551-071–
551.085 of the Texas Open Meetings Act.
Beasley motioned, Young seconded to increase the salaries of the City Attorney, Municipal
Judge, and City Manager by 4% effective April 15, 1998. On roll vote, Beasley “aye”,
Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
With no further business, the meeting was adjourned at 10:05 p.m.
__________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
______________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS