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Minutes December 08, 1992121 AGENDA CITY OF DENTON CITY COUNCIL December 8, 1992 The City Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (considered action in In Re: Flow and considered action in Smith v. City), real estate and personnel/board appointments (considered an appointment to the Citizens Traffic Safety Support Commission). 2. The Council received a report and held a discussion with the '91 Committee regarding improvements to the Martin Luther King, Jr. Recreation Center and sidewalk projects and gave staff direction. Rick Svehla, Deputy City Manager, stated that the '91 Committee had reviewed the conditions and proposals for the MLK Center. They agreed that the phased approach was an excellent idea and felt that as the projects were long term and not maintenance, it was appropriate to use the bond money. The current CIP program was completed. There was $30,000 of sidewalk money left and the Committee reviewed possible locations for usage. Ail of the proposed areas were connected except for one with other bond project~. If the Council agreed with the locations, bids would be done shortly. Council Member Brock asked if the projects would be rebuilding current sidewalks and not new sidewalks. Svehla replied yes that they would be rebuilding the present sidewalks. Consensus of Council was to proceed with the projects. 3. The Council received a report, held a discussion and gave staff direction regarding the day care licensing of Martin Luther King, Jr. Recreation Center's Kid Connection Program, and the transfer of the program to After School as an After School Action Site under the management of the Children's Programs Supervisor. Lloyd Harrell, indicated that items three and four would be considered at the same time. Rich Dlugas, Superintendent of Parks, stated that the Kid Connection Program started as a licensed program in 1990-91. At that time, the requirements of the license stated that children in 122 City of Denton City Council Minutes December 8, 1992 Page 2 the program could not mix with other children in the area. That limited the interest in the program. A second concern was that the forms were very cumbersome to complete as required bythe licensing agency. The attendance at the program dropped with an average of 10-15 children by the end of the school year. Continued CDBG funding was threatened due to the low attendance. CDBG requested that the program be reevaluated. For the 1991-92 school year, the program had been run as a non-licensed program. This did not allow for a criminal background check on employees. Staff was recommending to relicense the program which would allow criminal history checks. Due to a change in the cooperation with the area residents, staff would work with the residents in completing the necessary forms. A waiver would be requested to allow the participants of the program to mix with other children in the Center. Council Member Perry stated that an additional concern was that the program be the same as all the other programs in the City. That was very important to him. Mayor Pro Tem Hopkins asked if there had been a meeting between the residents and staff regarding this issue. Council Member Chew replied that it had been determined that there was no need for the meeting as it was not the parents who discontinued the licensed program. The parents were now in favor of a licensed program. The program was changed due to a potential loss of funds. Council Member Miller asked if the children in the program would be able to intermix with children in the recreation center. Council Member Chew stated that the program could continue without the waiver but it would enhance the program to have that ability. Dlugas stated that another issue was the possible inequity in the programs in terms of staffing the programs. Originally it had been recommended that the MLK program be staffed with volunteers from TWUas opposed to paid staff. Staff was now recommending that the program at MLK be funded with enrichment leaders paid with CDBG funds. Thus all of the sites would be have paid staff. A third concern was providing the same amount of time for enrichment activities at all of the sites. A schedule of enrichment classes was proposed to deal with the various sites. Every student would received 5 hours of ~nri~hm~nt during th~ month at each site. A final concern was if the parents involved in the program were still interested in an enrichment program even with an increase of the fees. The overwhelming response by the parents was yes and they 123 City of Denton City Council Minutes December 8, 1992 Page 3 indicated that they wanted the program to start as soon as possible. Consensus of the Council was to proceed with the proposals as presented by staff. 4. The Council received a report, held a discussion and gave staff direction regarding the City Council's concerns regarding the addition of an Enrichment Program for the Parks and Recreation Department's After School Programs. This item was discussed with Item #3. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Session of November 10, 1992, and the joint session of November 16, 1992 with the Denton Independent School District Board of Trustees. Smith motioned, Chew seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Presentation of the Distinguished Budget Presentation Award as an "Especially Notable Communication Device" from the Government Finance officers Association of the United States and Canada for its annual budget for the fiscal year beginning October 1, 1992. Kathy DuBose, Director of Accounting and Budget Operations, presented the award to the Council for the City's Annual Program of Services for 1991-92. 124 City of Denton City Council Minutes December 8, 1992 Page 4 4. Citizen Reports A. The Council received a citizen report from Tommy Richardson regarding the Denton Youth Football Association. Mr. Richardson stated that he represented the Denton Youth Football Association and he wanted to thank the City for furnishing the fields to play on and to thank the Park staff for their cooperation in working with the Association. He also thanked Council Members Chew and Brock for their interest and participation with the Association. He felt it was the job of the Association and the City to provide adequate fields for the children to play on and thanked the Council for providing such. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance approving a rezoning of a 32.045 acre tract of land from the Agricultural District to the Single Family-10 District, with conditions, SF-10(c), on property located on the east side of Country Club Road, approximately 920 feet south of Hobson Lane. Z- 92-023 (The Planning and Zoning Commission recommended approval with conditions 6-1 at its meeting of November 11, 1992.) Frank Robbins, Executive Director for Planning, stated this was a zoning change request from Agricultural district to SF10- conditioned. The condition was that the adjoining lots between Forrestridge and the proposed zoning would not be smaller than 13,000 square feet in effective area. Twenty reply forms mailed out with 2 received in favor, one returned undecided and four returned in opposition. The infrastructure to support the proposed zoning was in place or would be in place after platting by the developer. Only the use of the lots would be considered at this meeting and the layout of the property would be considered at a later meeting. There was one zoning case and district in the City as an SF13 buffer. The case might be a precedent setting case in terms of how far the Council should go regarding buffer zoning. The Denton Development Plan had a strong statement regarding housing diversity. It stated that housing diversity was strongly encouraged in Denton and as a whole. Housing diversity was defined in units per acre. SF10, SF13, and SF16 were zoning districts in which the units per acre would be in the low category. The housing pattern should be well planned to maintain neighborhood integrity. One of the issues was that there did not need to be a great deal of transition between housing types in the same density category. In addition, the principle policy was the intensity policy and was the proposal in accordance with the intensity allocated to the area. This was a low intensity area. The proposed zoning was for a 125 City of Denton City Council Minutes December 8, 1992 Page 5 category in which the density allocation was approximately one- half of the allowed intensity and actually decreased the intensity which was allowed. The Mayor opened the public hearing. Tom Jester, representing the owners of the property, stated that the owners were requesting SF10 zoning which was the only item the Council would be considering at this meeting. One of the conditions was for SF13 on the lots which abutted FOrrestridge. It was his opinion that the property would not hinder the development of Forrestridge or devaluate the current property. He detailed the conditions which would be imposed on the development of the property. He felt that the development would provide alternatives for the housing area. Council Member Miller asked how many lots would be SF13. Jester replied that there would be a cul-de-sac with no through street which would have four lots zoned SF13. Council Member Smith indicated that there would be a fence along the south side of the property and asked if there would be one on the east side of the property. Jester replied that there had been no decision made at this time regarding the east side of the property. The developer had agreed with property owners to construct the fence on the south side of the property. Mayor Castleberry asked if the developer had proposed SF13 on the cul-de-sac lots. Jester replied yes. Mary Tisher stated that the land adjacent to the south border was her property. She had concerns on the effect of the development on her property. It could either hinder or add to future development. Mr. Todd had worked very hard with her family in addressing her concerns and reservations. She felt that there would be no adverse effect on her property with the proposed development. Perry Slack stated that he was the president of the Forrestridge Homeowners Association. One of the members had received the original notification letter. He felt that the zoning from SF16 to SF10 might have detrimental effects on the current property values. The homeowners association had met with the owner of the property. They felt it was too much of a down zoning to reduce the zoning to 126 City of Denton City Council Minutes December 8, 1992 Page 6 SF10 in one area of the development. He asked the members of the audience in opposition of the zoning to stand. There were many individuals in the area who felt that this would not be good planning. Sam Rosson presented some background information regarding the development of the area. The development was moving in a southwesterly direction. The proposed development would be a block to that trend. He felt that the continuity and integrity of the neighborhood should be maintained and was concerned with the reduced zoning. It was no concession to have the cul-de-sac as there was no other way to plat that part of the development. The Planning and Zoning Commission, as long as the development met the guidelines, was obligated to approve the development. The Council needed to determine if it was good planning to reduce two zoning levels. He asked Council to maintain the continuity and integrity of the neighborhood and vote against the proposal. John Massey stated that he was very proud of the beauty of Denton. He felt that the challenge of the Council was to maintain that quality which had been in Denton for many years. He felt that a pattern would be established for the area and asked Council to vote against the proposal. Amy Quate stated that there was a positive momentum in Denton for development. The Planning and Zoning Commission had the responsibility of examining the proposal to indicate to Council if it were consistent with the policy. It was the job of the Council to provide judicious management. The residents in the area paid a lot of tax money. The developer indicated that small lots and small houses needed to be built. That was not true. It was an advantage to the tax base to have larger homes. What was proposed was lots which would be smaller with smaller homes with possible back alleys. The developer would make the maximum amount of money by maintaining the integrity of the current neighborhood. Bill Reed indicated that the neighbors had invested a great deal of money and time in their neighborhood. They relied on the Council to take a close look at what was happening in the area. Did the proposal meet the wishes of the residents of the area. He asked that the CoUncil keep the neighbors concerns in mind. He asked Council to reject the plan until a specific plan had been developed. Lynn Dower stated that she was very directly affected with the proposal. She felt that it was imperative that the Council realize that the neighbors were not totally against the development of the area but urged the Council to maintain the integrity of the 127 city of Denton City Council Minutes December 8, 1992 Page 7 neighborhood. Jane Gidder stated that she had recently purchased a home in the area. She was concerned with the development of the area behind her home. The lots ranged in excess of 1600 square feet and some of the larger lots were 2200 square feet. The disparity between the lot sizes was too great. The petitioner was allowed a five minute rebuttal. Tom Jester stated that the petition was asking only for land use at this time and that the exact layout of the property was not known at this time. The layout needed to be approved by the Planning and Zoning Commission. The lots would be 10,000 square feet with the lots selling between $35-45000. It would be a quality development. There was only 300 feet of the proposed development touching Forrestridge. There would be no street going into Forrestridge. The developer was trying to be a good neighbor by providing the SF13 lots between the developments. The Mayor closed the public hearing. Council Member Miller asked if there were alleys proposed for this development. Robbins replied that alleys were not proposed but could be addressed. Council Member Miller stated that the Planning and zoning Commission minutes indicated a proposal for 16-17 SF13 lots. Four were adjacent to the Forrestridge area. Were those lots still part of the proposal and would there be a fixed number of lots in the ordinance. Robbins replied that a condition could be added that adjacent lots to Forrestridge would be SF13. The Planning and Zoning minutes reflected what happened at the neighborhood meetings. Council Member Miller asked what was the adjacent zoning. Robbins replied that PD104 was a mixed use development which included a three acre square for commercial retail uses. There was a road on the eastern end which was zero lot line homes. Before any development there would be public review of the detailed site plan. Council Member Miller asked about the east and south side of the development. 128 City of Denton City Council Minutes December 8, 1992 Page 8 Robbins replied that that property was agricultural zoning and was largely undeveloped. Council Member Brock asked about a discussion Council had had about establishing procedures for the expiration of planned developments if there were no development in a certain time frame. Robbins replied that currently there was no procedure for the expiration of planned developments. Council Member Smith asked about a proposed street which seemed to go nowhere. Robbins replied that city regulations required that a cul-de-sac could not be longer than 1000 feet. The stub out street would fulfill that requirement. Council Member Miller asked if the issue was the size of the lots or value of the homes placed on the lots. Could the value of the homes placed on a lot be addressed in zoning. Robbins replied no it could not. City Manager Harrell stated that the plat shown was a concept plat given by the developer. The developer was under no obligation to configure the property in that way. If the zoning were approved, a proposed plat would have to be filed with staff for Planning and Zoning Commission and Council approval. Council Member Perry asked Robbins to review the scope and percentage of the opposition. Robbins replied that 20 notices were mailed to property owners within 200 feet of the proposal. Two were returned in favor, one was undecided and four were returned in opposition. The opposition percentage was 6.4% of the land area within 200 feet of the area. Mayor Castleberry asked if SF13 was between SF16 and SF10, how that would be formulated in the ordinance. City Attorney Drayovitch stated that the ordinance included a provision that the lots directly abutting the Forrestridge addition would be SF13. Robbins replied that the SF13 condition could be extended but it would be necessary to determine how that would be defined. 1 2,9 City of Denton City Council Minutes December 8, 1992 Page 9 Mayor Pro Tem Hopkins asked what that would do to the stubbed street if that were done. Robbins replied that that could not be determine at this time. Mayor Pro Tem Hopkins stated that since the layout that had been shown was not a set plan, a minimum n-mher of lots would have to be indicated which would be adjoining the abutting lots. City Attorney Drayovitch stated that if Council were considering adopting a different type of ordinance than the one requested, her staff would like to look at that ordinance and return at a future meeting. Council Member Perry felt it might be beneficial to have the developer and the neighbors negotiate again for a more agreeable solution. Council Member Miller stated that given the Denton Development Guide there probably would be a time when the property adjacent to Forrestridge would not be all SF16. He would like the developer and the homeowners to try once more for an agreement for buffer zoning. It was not realistic to think that all of the undeveloped property would always be SF16. City Attorney Drayovitch stated that Council might want to consider postponing the item to a date certain or to table to a date certain or indefinitely as the public hearing requirement had been met. Council Member Brock stated that diversity was an important goal in housing but there was a need for housing in the higher p~operty range. She was concerned with lots which could build a sizeable home but also preserve the trees in the area. She was concerned about protecting neighborhood integrity and concerns. Miller motioned, Perry seconded to postpone the item and asked the City Manager to put it back on the agenda after the developer and homeowners met again to try and work out a more agreeable solution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing concerning amending the sign ordinance and gave staff direction. Frank Robbins, Executive Director for Planning, stated that the Planning and Zoning Commission had made a report to Council. If the Council had other issues it wanted to deal with other than 130 City of Denton City Council Minutes December 8, 1992 Page 10 those in the report, there might be a situation where those might have to be reviewed by the Planning and Zoning Commission. A proposed ordinance wasprovided in the backup materials for Council review. Staff needed direction on how the Council wanted to proceed with the proposed ordinance. Council Member Chew stated that he would like to follow the process the Council had already established with a public hearing followed by a work session. After that work session, the Council would then consider the ordinance. Council Member Brock stated that she was concerned about Items 7, 9 and 10 on the list of recommendations. The Planning and zoning Commission did not make a recommendation on those issues. Council might benefit from a more explicit indication from the Commission. Council Member Miller indicated that he might like to consider some issues before a work session and then proceed with the ordinance. City Manager Harrell stated that the only guidance staff needed which would help the process but not speed it up, was that if there were an issue which was raised by someone but never addressed by the Planning and Zoning Commission and Council wanted it addressed in an ordinance revision, it would be helpful for Council to identify those issues and they could be presented to the Planning and Zoning Commission with a full report to the Council at its January meeting. Robbins presented slides of signs in the area which represented the proposed issues. City Manger Harrell asked Robbins to mention those issues which the Planning and Zoning Commission did not address. Robbins indicated that the Commission addressed all of the issues but did not make a recommendation on some of those issues. Council might want to ask the Planning and Zoning Commission to make a recommendation on a particular issue. The Mayor opened the public hearing. Fred Gossett spoke in favor of the amendments. He stated that he recently saw a letter from Jostens to the Chamber of Commerce. It stated that recently Jostens doubled its size and felt a positive business climate in the City of Denton and an Qut~anding wQrk force available in Denton. During the orientation visits for the Peterbilt move, he had heard a number of times how Peterbilt was impressed with City efforts in helping to make the move a reality. 131 City of Denton City Council Minutes December 8, 1992 Page 11 No one from the Hunt organization would not give a testimony indicating the City's help in opening the outlet mall. If one would take out UNT, TWU, FEMA, the Denton State School, 80% of the businesses in Denton would be classified as small businesses. They depended on signs for effective business. He hoped that if changes were made to the ordinance, that it would not be "put to bed" and if it were found in the future that items needed to be changed, it would be considered. He suggested that Council had the opportunity to show support for small businesses in Denton. The Council should not regulate signs so much that effectiveness was severely limited. He encourage Council to adopt the proposed changes. Carl Anderson, Chairman-Denton Chamber of Commerce, stated that Council had shown an effort to work with all businesses and groups in Denton. The Chamber Board had approved a 7 point position statement. He asked Chamber members who were present in the audience who supported the Chamber statement to stand for a show of support. He stated that the Chamber would appreciate a favorable response to these proposed issues. David Biles stated his appreciation from the Chamber to Council Members Miller and Brock who attended the early morning Chamber meetings regarding this issue and to Frank Robbins for his assistance. Denton was his home and he was concerned about the visual future of the City. He wanted it to look good but also was aware of the businesses who needed to make a living in Denton. The seven position points from the Chamber corresponded with items 1,2,3,6,8, 9 and sub-issue 12 of the Council's recommendations. Denton was growing and an issue was whether the growth would be acceptable. The sign ordinance with the proposed amendments was a reasonable balance between business and beautification efforts. If Council adopted the 14 issues, it would eliminate 90-95% of the complaints regarding the sign ordinance. If the 14 issues would be adopted, he would not be in favor of addressing the issue again for quite a while. The Planning and Zoning Commission's recommendation was acceptable and reasonable. Joe Dodd stated that he had to speak against the amendments as personally they were insufficient. He did not believe any of the ordinance should exist except for those items dealing with structural safety and public safety. The original intent of the ordinance was to eliminate portable signs. Much of the trouble with the ordinance rested on the Record Chronicle which did not convey the breadth of the ordinance's problems and the depth of its opposition in the business community. Several slanderous stories were written to speak for the law as it existed. Change would be unfair to those who had already complied with the current ordinance. The premise that the proposed changes would unfairly 132 City of Denton City Council Minutes December 8, 1992 Page 12 benefit old Denton business was not true. It would affect new businesses and might adversely affect new small business construction. He urged Council to place most of its emphasis on individuals who spoke before the Council. The Mayor closed the public hearing. Consensus of the Council was to hold a work session in January regarding this issue. Council took a short recess. Council Member Brock was not present after the recess. Council Member Miller felt that some type of safeguard was needed to be built into the sign ordinance regarding face changing in which the change could not be plywood hammered over the existing sign or a second rate paint job. Something positive had to be done with the abandoned sign. It should not be allowed to have the sign painted over or boarded over. He suggested that some type of language be included in the ordinance to provide that protection. Council Member Brock joined the meeting. Council Member Miller stated that the Planning and Zoning Commission had made no recommendation on the height of signs on IH35. Currently there was a 40' provision. He suggested to allow the higher of either the elevation of the land or the elevation of the interstate to be used for the height of the sign. Mayor Pro Tem Hopkins wanted to address the issue of banners over streets. She did not consider that the Planning and Zoning Commission had to make a recommendation as they did consider the issue but had no recommendation for Council. She was very much against banners over the streets. Council Member Smith agreed. City Manager Harrell asked Council Member Miller if he wanted the Planning and Zoning Commission to discuss the two items he had mentioned. Council Member Miller responded yes that he would like it discussed by the Planning and Zoning Commission and made part of the work session for Council. Mayor Castleberry asked if staff needed any further direction. 133 City of Denton City Council Minutes December 8, 1992 Page 13 Robbins replied that Council would consider this item at its first work session in January. The Planning and Zoning Commission would consider abandoned signs and signs on IH35 with a recommendation from the Commission for Council. Council Member Chew indicated that he would like the Planning and Zoning Commission to make a recommendation regarding national flags. Council Member Smith stated that the face change recommendation indicated no limit on how many times the face could be changed. Robbins replied correct. Council Member Smith stated that then there would be no way of knowing when it would be conforming. Robbins indicated that Council had asked for a Planning and Zoning Commission recommendation for flags but not for banners across streets. Council Member Smith stated that if the other issues were going to the Planning and Zoning Commission, that item should be considered also. Council Member Perry indicated that he was concerned with a way to eventually make the signs conforming. He wondered if there might be some sort of incentive to make the sign conforming. He would like the Council to consider a time frame for non-conforming signs to become conforming. Mayor Pro Tem Hopkins indicated that she would like to have the Legal Department review of the possibility of having an end to the non-conforming signs which would be grandfathered. Could it be legally done or could a tax abatement be given to make the signs conforming. Was there a way to help the businesses make the signs conforming. Council Member Miller felt that those issues were another segment of the sign ordinance. It could be a future issue to consider once the proposed amendments were approved. The issue was very complex and would take a great deal of time to consider. Council Member Perry indicated again that he would like to consider this item the next time the sign ordinance was considered. 134 City of Denton City Council Minutes December 8, 1992 Page 14 C. The Council held a public hearing and considered adoption of an ordinance approving the rezoning of a 77.6 acre tract of land from the Planned Development District to the Agricultural District on property located on the east side of FM 2181, approximately one- half mile north of Ryan Road. Z-92-028 (The Planning and Zoning Commission recommended approval 7-0 at its meeting of November 11, 1992.) Frank Robbins, Executive Director for Planning, indicated that this was a request for downzoning in the area for the purpose of developing a ranch. Six notices had been mailed to property owners within 200 feet of the proposal and one was returned in favor. The Planning and Zoning Commission had recommended approval as the proposal complied with the Denton Development Guide. Mayor opened public hearing. Bud Johnson stated that he had purchased the property with the intent to develop a small ranch on the property. There was no need for the planned development zoning. The property would be agricultural as long as he was on the property. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 92-202 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT ZONING DISTRICT NO. 68 TO AGRICULTURAL ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 77.6 ACRES OF LAND LOCATED ON THE EAST SIDE OF FM 2181 APPROXIMATELY ONE-HALF MILE NORTH OF RYAN ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council held a public hearing and oonsidered adoption of an ordinance approving a request to rezone 10.0868 acres to a Conditioned General Retail District. The tract was located on the north-northwest side of Mayhill Road, adjacent to the MK&T Railroad 135 City of Denton City Council Minutes December 8, 1992 Page 15 tracks. Z-92-026 (The Planning and Zoning Commission recommended approval 4-0 at its meeting of October 28, 1992.) Frank Robbins, Executive Director for Planning, stated that this was a conditioned zoning district. The only use permitted was to install an antenna on the site. The one lot site would not be developable and a building permit would not be issued until the antenna had an FCC license. Originally the 20% rule had been in effect but the opposition had been withdrawn. The preliminary plat was on the Consent Agenda and could be considered separate from the zoning request. Infrastructure was very minimal for the development and was in place. A substantial amount of right-of-way would be dedicated if the property were ever developed. Current City regulations did not include much regulation of this type of development. He had reviewed other model ordinances and developed a list of issues. One issue was that whatever was on the tower would not interfere with other frequencies. Structural standards would require a structural engineer to certify that the structure was safe. As far as landscaping was concerned, the proposal would take out very few trees. The Mayor opened the public hearing. Mike Ramos stated that the facility would be 450' high. The tower would be servicing such areas as cellar phones and pagers. Tower space could be rented to whoever might need such a service. Only the tower could be built on the site. A minim,~m number of trees would be removed from the area. Approximately two acres of right- of-way would be dedicated for a future Loop 288. Rick Woolfolk stated that the Airport Advisory Board would like to review any future tower requests over 250' high. The Airport Board was not opposed to the tower as it met regulations. He asked that any future requests for towers be reviewed by the Airport Advisory Board before final action by the Planning and Zoning Commission as certain Federal regulations concerning airport safety needed to be considered. Russ Tinich, representing Andrew Corporation, stated that the Corporation was in favor of the proposal. The design of the tower would be of the highest quality. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: 136 City of Denton City Council Minutes December 8, 1992 Page 16 No. 92-203 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL "A" TO GENERAL RETAIL-CONDITIONED (GR-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 10.087 ACRES OF LAND LOCATED ON THE NORTH-NORTHWEST SIDE OF MAYHILL ROAD, WEST OF AND ADJACENT TO THE M K & T RAILROAD TRACKS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. Mayor Castleberry asked about the effect the tower would have on the proposed hospital in the area. Robbins replied that currently there was no proposal in the area for a hospital. He felt that it would not have an effect if such a proposal were done. Mayor Castleberry asked if the right-of-way dedication was guaranteed. Robbins stated that the City would have the right-of-way when the plat was recorded at the County. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council held a public hearing to consider a variance request on behalf of Schneider & Justice, Inc., for East Oaks Addition - Phase III. The request was to exempt the applicant from the Subdivision Regulation requirement of Sec. 34-124, Paragraph f- 3, pertaining to drainage regulations. The 6.697 acre site was located north of McKinney Road, east of Audra Lane and was accessed by Timber Trail Road. V-63 (The Planning and Zoning Commission recommended approval 5-0 at its meeting of December 2, 1992.) Frank Robbins, Executive Director for Planning, stated that the request was for a drainage variance from having to put the drainage in a pipe. The Planning and Zoning Commission recommended to grant the variance based on the fact that it met the three criteria for a variance. One was that it did not violate a master plan - there was not a master drainage plan in this area. A second criteria was that special or particular conditions were present to grant the variance - in order to comply with the ordinance, the developer would have to build a pipe almost one-half mile to McKinney and, as 137 City of Denton City Council Minutes December 8, 1992 Page 17 there was such a small amount of water it was deemed unnecessary. The third criteria was that the conditions were not caused by the owner of property or any prior owner - the developer did not create the lay of the land in the area. Due to the small amount of water, the pipe was unreasonable. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Hopkins motioned, Brock seconded to approve the variance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council held a public hearing and considered adoption of an ordinance approving the rezoning of a 6.033 acre tract of land from the Planned Development District to the office District on property located northwest of N. Bonnie Brae and west of Oak Street, also known as the Vintage Retirement Community. Z-92-029 (The Planning and Zoning Commission recommended approval 7-0 at its meeting of November 11, 1992.) Frank Robbins, Executive Director for Planning, stated that 17 notices were mailed with one returned in favor. The zoning was consistent with neighboring property. The intensity allocation was consistent with the Denton Development Plan. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: 138 City of Denton City Council Minutes December 8, 1992 Page 18 No. 92-204 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT ZONING DISTRICT NO. 69 TO OFFICE ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 6.033 ACRES OF LAND KNOWN AS LOT 1, BLOCK 1 OF THE DENTON RETIREMENT CENTER ADDITION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Chew motioned, Hopkins seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ae Bids and Purchase Orders: 3e 4. 5. 6. 7. Bid ~1429 - CDBG Sidewalk Repair Program Bid #1442 - Fully Insured Managed Care Health Insurance Program P.O. $31330 - Xerox P.O. $31359, #31360, #31361, $31395 - Xerox P.O. #31331 - Bobby V. Gray/EIS Support Services P.O. $31332 - Weston Consulting Check Requisition - Texas Water Commission Plats and Replats 1. Considered approval of the preliminary plat of Lot 2, Block A, Exposition Mills, being a 1.609 acre tract of land located on the east side of 1-35N, approximately 200 feet south of Loop 288 and a Comprehensive Pedestrian Access Plan. (The Planning and Zoning Commission recommended approval.) Considered the preliminary plat of Lot 1, Block A, and Lot 1, Block B, of the D. Lombard Addition. The 10.0868 acre tract was located on the north- northwest side of Mayhill road, adjacent to the MK&T railroad tracks. (The Planning and Zoning Commission recommended approval). 139 City of Denton City Council Minutes December 8, 1992 Page 19 7. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.4.- P.O. $31359, ~31360, ~31361, ~31395) The following ordinance was considered: No. 92-205 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids' and providing for the award of contracts for public works or improvements. (6.A.1. - Bid ~1429) The following ordinance was considered: No. 92-206 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. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council consider adoption of 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. (6.A.3. - P.O. #31330, 6.A.7. - Texas Water Commission Check Requisition) The following ordinance was considered: 140 City of Denton City Council Minutes December 8, 1992 Page 20 No. 92-207 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IH ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECRTIVE DATE. Hopkins motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Bobby V. Gray d.b.a. EIS Support Services for personal services relating to annual maintenance of the EIS (payroll) software. (6.A.5. - P.O. ~31331) The following ordinance was considered: No. 92-208 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BOBBY V. GRAY d.b.a. EIS SUPPORT SERVICES, FOR PERSONAL SERVICES RELATING TO ANNUAL MAINTENANCE OF THE EIS (PAYROLL) SOFTWARE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING THE EFFECTIVE DATE. Chew, Smith to adopt On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Weston Consulting for personal services relating to annual maintenance of the CIS (Customer Service Utility Billing) software. (6.A.6. - P.O. #31332) No. 92-209 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WESTON CONSULTING, FOR PERSONAL SERVICES RELATING TO ANNUAL MAINTENANCE OF THE CIS (CUSTOMER SERVICE UTILITY BILLING) SOFTWARE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDINE THE EFFECTIVE DATE. 141 City of Denton City Council Minutes December 8, 1992 Page 21 Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Philadelphia American for City of Denton employee health insurance. (6.A.2. - Bid #1442) The following ordinance was considered: No. 92-210 AN ORDINANCE ACCEPTING COMPETITIVE BIDSAND PROVIDING FOR THE AWARD OF CONTRACTS FOR THE PURCHASE OF EMPLOYEE GROUP HEALTH INSURANCE TO PHILADELPHIA AMERICAN LIFE INSURANCE COMPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance approving an agreement providing for the lease of office space at 324 East McKinney Street. City Manager Harrell stated that this lease would continue the lease agreement for space across the street. The following ordinance was considered: No. 92-211 AN ORDINANCEAPPROVINGANAGREEMENT PROVIDING FOR THE LEASE OF OFFICE SPACE AT 324 EAST MCKINNEY STREET; AND DECLARING AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 142 City of Denton City Council Minutes December 8, 1992 Page 22 8. Resolutions A. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats. City Manager Harrell stated that this was a continuation of an annual agreement with the City of Corinth. The following resolution was considered: No. R92-076 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DENTON TO EXECUTE, ON BEHALF OF THE CITY OF DENTON, AN INTERLOCAL AGREEMENT WITH THE CITY OF CORINTH FOR THE PROVISION OF SERVICES ASSOCIATED WITH THE HOLDING AND DISPOSING OF DOGS AND CATS FOR THE CITY OF CORINTH; AND PROVIDING ANEFFECTIVE DATE. Hopkins motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution encouraging the Texas Department of Transportation to continue in its efforts to insure the continued existence of an exit ramp from Interstate Highway 35 to U. S. Highway 77. Rick Svehla, Deputy City Manager, stated that the State had considered closing the ramp. Area land owners had expressed concern with the closing and had asked the Highway Department to leave the current ramp open until a study could be done regarding a new ramp. The Highway Department had asked for a resolution from the City expressing support for the new ramp. Council Member Chew indicated that the resolution would not commit the City to any money in the project. It merely expressed suDport for the project. David LaBrac indicated that he was pleased that the Council would consider support of such a resolution. He asked for Council support of the resolution. The local businesses in the area would not survive without that ramp in that location. Robert Raymond, Manager of the Real Estate Division of Unical, stated that the ramp was necessary for the continued success of the 143 city of Denton city Council Minutes December 8, 1992 Page 23 truck stop in the area. He strongly supported the resolution being considered by Council and asked for their approval. Mayor Castleberry stated that with increased traffic in area, there was a need for the exit ramp. Council Member Miller stated that the idea of trucks going past the new mall was not agreeable to him. The following resolution was considered: No. R92-077 A RESOLUTION BY THE CITY OF DENTON, TEXAS, ENCOURAGING THE TEXAS DEPARTMENT OF TRANSPORTATION TO CONTINUE IN ITS EFFORTS TO INSURE THE CONTINUED EXISTENCE OF AN EXIT RAMP FROM INTERSTATE HIGHWAY 35 TO U.S. HIGHWAY 77; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ' 9. The Council considered appointments to the Airport Zoning Commission. The Planning and Zoning Commission and the Airport Board each recommended three members for appointment. Frank Robbins, Executive Director for Planning, stated that a number of positions had expired on the Commission. The consultant had just about completed the work on the Master Plan of the Airport. Perry motioned, Brock seconded to appoint Rick Woolfolk, Allie Miller, George Gilkeson with John Dulemba as alternate from the Airport Advisory Board and Ivan Glasscock, Richard Cooper and Melvin Willis from the Planning and Zoning Commission. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Miscellaneous matters from the City Manager. City Manager Harrell presented the following items: A. There would be no work sessions on December 22 and December 29. In January there would be a mid-year planning session and continued evaluations of Council staff. 144 City of Denton City Council Minutes December 8, 1992 Page 24 B. A notice had been received regarding a TML briefing on February 8. It would be helpful if some of the Council could attended that briefing. Mayor Castleberry asked Council Members Perry and Brock to assist him with the mid-year planning session. 11. There was no official action taken on Executive Session items discussed during the Work Session. 12. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Chew thanked Council for attendance at his Saturday appreciation day. 13. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned 10:13 p.m. S~CRETARY ITY OF DENTON, TEXAS ACCOOOD4