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Minutes June 02, 1998 CITY OF DENTON CITY COUNCIL MINUTES June 2, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, June 2, 1998 at 5:45 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 1. Closed Meeting: A. Consultation with Attorney–Under TEX. GOV’T. CODE Sec. 551.071 1. The Council met with City Attorney to consider strategy, discuss status, appointment of a representative for possible mediation, and possible settlement authority 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. B. Conference with Employees – Under TEX. GOV’T. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. Regular Meeting of the City of Denton City Council on Tuesday, June 2, 1998 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. Mayor Miller presented the Yard of the Month Awards George and Peggy Roach Curtis Martin Jimmie Spurgin Jack in the Box - University Drive Don & Renate Abbe Austin Street Antiques City of Denton City Council Minutes June 2, 1998 Page 2 CITIZEN REPORTS 2. The Council received a citizen report from Mildred Hawk regarding trees. Ms. Hawk was not present at the meeting. NOISE EXCEPTIONS 3. The Council considered a request for an exception to the noise ordinance for the 1998 Juneteenth Celebration Activities on June 19th from 6:00 p.m. to 11:00 p.m. and June 20th from 12:00 noon to 12:00 midnight. Jennifer Goodman, Management Assistant, stated that the request was the Juneteenth celebration activities to be held June 19th and June 20th. This event had been held in the past with no complaints regarding noise. Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 4. The Council considered adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section 20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system; and providing an effective date. (North Texas State Fair Association) Jennifer Goodman, Management Assistant, stated that this request was for a three-year exception to the noise ordinance. In 1995 the Council passed a resolution that allowed three-year exceptions for annual events. The event had to be held in a satisfactory manner in terms of noise problems and other types of problems. There had only been one complaint in the last three years. The Fair’s original request was approved in 1995. Mayor Pro Tem Beasley stated that the Fair would be closing on Monday - Thursday at midnight. She asked if the amplified sound was used until that time on those evenings. James Roden, North Texas State Fair Association, stated that the bands were closed at 11:00 p.m. The amplifiers would be needed only if the rodeo was running late. Council Member Cochran asked if the speakers were directed down to ground. Roden stated that the Fair bought a new sound system with speakers mounted facing the fence and were positioned not to go out into the neighborhood. Gene Truss stated that for several years this had been a serious matter in the neighborhood. The Fair had been working for several years with the neighborhood. He was opposed to the variance. City of Denton City Council Minutes June 2, 1998 Page 3 The residential neighborhoods were too close to the Fair Grounds and this event was too large for the old fairgrounds. He felt there might be cooperative ways to reduce the effects on the neighborhoods. One event had the speakers down on the ground level that helped keep the sound out of the neighborhoods. Locating the bands on the west side of the exhibit buildings also helped. Trash was also still a concern. The Fair Association helped keep the nearby area clean but there was still a large area not cleaned. Council Member Young suggested a meeting with Mr. Truss and Mr. Roden so that Mr. Truss could see where the new speakers were placed. Council Member Durrance expressed a concern about the three-year waiver. He felt it would be best to approve the ordinance with only a one-year waiver. Mayor Miller stated that Council had approved a resolution to allow organizations with continued events to grant these exceptions. Council could reconsider the exception in future years if the City started receiving complaints about the event. Council Member Cochran stated that a symbol of cooperation might be to help clean the area. Roden stated that the Association was currently working on that and may not be getting all of the trash. He felt that Mr. Truss’ comments were not the feeling of the neighborhood but rather of only one person. The speakers were on the fence and not in the air and had been that way for four years. The following ordinance was considered: NO. 98-144 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. CONSENT AGENDA Durrance motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes June 2, 1998 Page 4 5. NO. 98-145 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONSTRUCTION OF APPROXIMATELY 5,500 FEET OF 10” SEWER FORCE MAIN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2205 – Denton West Force Main awarded to Bowles Construction in the amount of $199,018.00) 6. NO. 98-146 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DEMOLITION OF BUILDINGS AND CLEARING OF LOTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2207 – Demolition and Clearing #28 awarded to Telcom of Texas in the amount of $16,670.00) 7. NO. 98-147 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR GENERAL CONSTRUCTION OF CHAIN LINK FENCE AT THE MUNICIPAL LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2208 – Chain Link Fence awarded to DRS Construction in the amount of $69,966.29) 8. NO. 98-148 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR REPLACEMENT OF THE HVAC AT THE SERVICE CENTER FIRST FLOOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2200 – Service Center First Floor HVAC Replacement awarded to BCI Mechanical in the amount of $59,631.00) 9. NO. 98-149 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN IBM R/S 6000 DESKSIDE SERVER FROM THE STATE OF TEXAS GENERAL SERVICES COMMISSION CONTRACT AND INTERLOCAL COOPERATIVE PURCHASING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Purchase Order #85186 – IBM Corporation in the amount of $141,971.00) 10. NO. 98-150 AN ORDINANCE AWARDING A CONTRACT FOR THE 3-YEAR LEASE PURCHASE OF A XEROX 4850 COLOR LASER PRINTER, AN NPS BI-MOD KIT City of Denton City Council Minutes June 2, 1998 Page 5 FOR A XEROX 4050 PRINTER AND A MAINTENANCE AGREEMENT FOR EACH ITEM FROM THE STATE OF TEXAS GENERAL SERVICES COMMISSION CONTRACT AND INTERLOCAL COOPERATIVE PURCHASING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Purchase Order #85191 – Xerox Corporation in the amount of $107,455.20 per year; 3-year cost $322,365.60) 11. NO. 98-151 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC DISTRIBUTION TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2203 – Annual Price Agreement for Distribution Transformers, estimated annual expenditure $150,000.00) 12. NO. R98-022 A RESOLUTION AUTHORIZING THE COUNTY OF DENTON, AS TRUSTEE, TO SELL CERTAIN REAL PROPERTY; CONSENTING TO THE SALE OF CERTAIN REAL PROPERTY TO THE HIGHEST BIDDER AS PROVIDED BY LAW; AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A DEED WITHOUT WARRANTY AND ANY OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CONVEY CERTAIN REAL PROPERTY SOLD BY THE COUNTY OF DENTON, AS TRUSTEE, PURSUANT TO SECTION 34.05 OF THE TEXAS PROPERTY TAX CODE; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARING 13. The Council held a public hearing and considered an amendment to the approved detailed plan for Planned Development 157 (PD 157) zoning district. The property was legally described as Lot 2, Block 1, of the Carroll Point Addition and Lot 1, Block 1, of the Cozy Oaks Addition. It consisted of 1.059 acres and was located on the north corner of the Collins Street, Carroll Boulevard and Fort Worth Drive intersection. The amendment proposed to change permitted land uses from a car wash to a combination of convenience store (with on-premise sale of beer and wine), gasoline station and a car wash. (The Planning and Zoning Commission recommended approval (3-1) with conditions.) (Z-98-018) Dave Hill, Director of Planning and Development, stated that this would be an amendment to Planned Development 157 that was located in a moderate activity center according to the Denton Development Plan. The land uses would be changed to a combination convenience store with on- premise beer and wine and car wash. Council action would be to amend the detailed plan. There also would be a change to the site layout. He reviewed the surrounding zoning districts near the proposal. The Planning and Zoning Commission recommended approval with conditions as detailed in the agenda materials. In February 1996 the planned development for the car wash was approved. The property was not platted and would have to be final platted as one property if City of Denton City Council Minutes June 2, 1998 Page 6 approved. Sidewalks would be required and significant road improvements would also be necessary. The landscape ordinance requirements were exceeded with the proposal. The development had four wall signs and two ground signs that met the sign ordinance requirements. A perimeter sidewalk would be placed around the frontage of the site. The Planning and Zoning Commission had a discussion regarding the proximity of the day worker shelter and the concern with behavioral difficulties in terms of loitering and drinking at the site. There was a concern that the proposal would make the problem worse with foot traffic across the roadway. Council Member Young asked about the lighting of the proposal. Hill stated that there was no recommendation regarding lighting. The typical standard was that no upward emission of light and no off-site deflection of light onto neighboring properties would be allowed. Council Member Young asked if there had been any discussions with neighbors. Hill indicated that there had been no neighborhood meeting. Council Member Cochran asked about the increase in the number of trips from the previous proposal. Hill indicated that the number of trips would double with the car wash. Council Member Burroughs questioned if the traffic flow would change. Hill stated that the applicant felt that this type of use would draw from the existing traffic stream rather than be a destination use. The Mayor opened the public hearing. Michael Roberts stated that he represented the marketing agent for the store who operated several others stores in the metroplex area. The convenience store would be the state of-the art for this type of industry. Primary lighting was directed downward for no off-site lighting. There were some out buildings and sheds between the site and the house next door so that there was no direct access to the property. The owner of that property was not at the Planning and Zoning Commission meeting and he was not aware of any opposition until that meeting. Council Member Cochran asked about the hours of operation. Roberts stated that it had not been determined at this time but normally hours were from 6:00 a.m. -12 midnight. It was rarely open 24 hours in a neighborhood as business slacked off. No one spoke in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes June 2, 1998 Page 7 Beasley motioned, Young seconded to adopt the ordinance with the conditions of a four-foot fence, the agreed on landscaping and the downward lighting. Council Member Cochran asked if there were any plans for a pedestrian crossing on Carroll or across Ft. Worth Drive. Hill stated that there was already one crosswalk on the north side of the intersection crossing east-west to West Collins. Three more would be installed to complete the square around the area. Council Member Kristoferson stated that she would not be supporting the proposal. This was an entranceway into the city and she felt that this proposal would not be in the best interest for that entrance. Two years ago the property was downscaled from what was currently being proposed. Traffic flow was also a consideration and she was concerned with pedestrian crossings. Council Member Durrance agreed with the comments made by Council Member Kristoferson. Council Member Cochran stated that at one time there was an attempt to keep such a development off Carroll to keep traffic moving. The following ordinance was considered: NO. 98-152 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED DEVELOPMENT DISTRICT (PD-157) CREATED BY ORDINANCE 96- 023, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN TO ALLOW FOR A CHANGE IN PERMITTED USES FROM A CAR WASH TO A COMBINATION OF CONVENIENCE STORE (WITH OFF-PREMISE SALE OF BEER AND WINE), GASOLINE STATION AND CAR WASH ON THE 1.059 ACRE DISTRICT AS SHOWN ON THE ATTACHED DETAILED PLAN LOCATED ON THE NORTH CORNER OF THE INTERSECTION OF COLLINS STREET, CARROLL BOULEVARD AND FORT WORTH DRIVE; 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. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 4-3 vote. 14. The Council held a public hearing and considered rezoning 3311 Teasley Lane (FM 2181) from an Agricultural (A) zoning district to an Office Conditioned (O[c]) zoning district. The 4.996-acre property was legally described as Tract 7 of the J. Fisher Survey (Abstract 421) and was located on the east side of Teasley Lane directly across from Bent Oaks Street. The City of Denton City Council Minutes June 2, 1998 Page 8 proposal was to develop offices. (The Planning and Zoning Commission recommended approval (4-0) with conditions.) (Z-98-019) Dave Hill, Director of Planning and Zoning, stated that this was a public hearing to consider rezoning the property from agricultural to office-conditioned. Access to the site had not been determined at this point in time. This was not a platting issue but was only for a change in zoning. Office conditioned zoning was already directly across from the site with other office conditioned zoning in the area. The Planning and Zoning Commission recommended approval of the request with eleven conditions recommended by staff. A neighborhood meeting was held with six residents attending and no one expressing opposition at that meeting. This proposal was on a well-traveled roadway. No traffic analysis had been done to indicate what impact the proposal would have on the current traffic. The site size indicated that it was a small size with no major changes expected. Council Member Cochran asked for a comparison between the stipulations on this site and the ones placed on Bent Oaks. Hill stated that the Bent Oaks site zoning occurred before these conditions were started to be considered and applied to properties along this frontage. Bent Oaks was developed without such conditions. The Mayor opened the public hearing. Gerald Yenson stated that he would like to see as many trees saved as possible. The developer did not have any objection to the conditions placed on the proposal except for the one relating to no parking within the 25' building line. Since the time of the Planning and Zoning Commission meeting he had completed a tree survey and there were many large oak trees on the property. He would like to preserve as many trees as possible. Bent Oaks across the street did have parking in the 25' building line. The developer would like to have the option to put parking in there if necessary to save trees. Mayor Miller stated that the proposal was advertised with this restriction. There was no way the Council could removed the restriction. The Council could be more restrictive but not less restrictive. Council Member Cochran asked about the possibility of a height limitation to 1 1/2 stories. Kayleen Cobb, owner of the property, stated that they wanted to build something similar to what was currently in place. Council Member Cochran asked if she would object to a height restriction of 1 1/2 stories. Cobb stated that would not be a problem. City of Denton City Council Minutes June 2, 1998 Page 9 Council Member Burroughs stated that he was concerned about the number of trips allocated. He asked about a reduction in the square footage of building. Yenson stated that they would like to keep as many options open as possible. There might be a need for the extra square footage. Harry Phillips stated that the notification of 200 feet was not fair to homeowners in the modern day set-up in Denton. The neighbors in the area did not have any formal organization at this point in time. Citizens in the area wanted to be informed. Traffic was a concern for him. There were many homes coming in across the street with some offices already zoned. This proposal would increase the traffic in the area plus traffic speeds in the area had been increased by TxDot. There was a need to watch the density and concentration of zoning in areas. He felt there was a need for better notification for citizens of meetings. He also objected to parking along Lillian Miller. Mayor Miller stated that the current notification requirement was set by state law at 200 feet. Council would be changing the process to allow a courtesy notification plus a new method of signage for proposed zoning changes. Council also asked developers to meet with the neighbors of the proposed development. That could not be required but was strongly suggested to developers. Mayor Pro Tem Beasley stated that Council was concerned about notification for zoning issues and was looking to expanding a courtesy notice to 500 feet. She asked if Mr. Phillips was in opposition to this project. Phillips replied no, not until he saw the proposal. The developers needed to know neighborhood leaders and to contact them even if they were outside the notification limit. Beverly Byers-Pevitts requested that the City let neighbors know ahead of time of such zoning cases. Just because there were two offices across the street did not mean there should be more directly across that intersection. There might be offices already in the area but the neighborhood should not be written off. She asked Council to not rezone the property but to leave it as agricultural. There were already plans for offices in the area and this proposal would only add to the terrible traffic. She asked Council to be concerned about the added traffic in the area and for the children in the area for their safety with the increased traffic. Don Whitmore challenged the Council to make a decision before the event occurred. Denton should plan ahead. He was concerned about the traffic in the area and the increased traffic with this proposal. A major concern was getting out of his subdivision and this situation would be worse with more traffic. There was a beautiful space between the subdivision and the highway. He asked the Council to not vote in favor of the proposal, as it would damage the neighborhood. The petitioner was allowed a five-minute rebuttal. He indicated that originally they were going to have a neighborhood meeting but the City did not send out the notices. Later they learned that that was incorrect and they were responsible for the notices. The developers did not feel it would City of Denton City Council Minutes June 2, 1998 Page 10 be good to put residences right on the roadway near all of the traffic in the area. The developers were willing to work with the neighbors in the area. They wanted to keep as many trees as possible. The Mayor closed the public hearing. Cochran motioned to approve the proposal with the conditions from the Planning and Zoning Commission with changes to include the structure would be limited to 1½ stories, the total floor area would be limited to 45,000 square feet. By limiting the size of the building the amount of traffic would be reduced. He did not feel residential zoning would be appropriate at this location. Kristoferson seconded motion with the following friendly amendments - exterior wall surface to be consistent with the office buildings across the street, a bufferyard of 25', door signage rather than broad based high signage. Cochran accepted those amendments. Mayor Pro Tem Beasley stated that this situation was the reason Council pushed for neighborhood meetings. Council recommended a neighborhood meeting that did not relate to the legal requirement of zoning notification. She felt it would be best to meet with the neighbors before the developer returned with a site plan. She felt the proposal was good with the conditions. Council Member Durrance stated that he would vote against the motion. He was concerned about office strips down Lillian Miller. He appreciated the cooperative efforts of the owners but he had a problem with the continued development of commercial zoning along Lillian Miller. He also had a problem with the density. The Council had not written off this area and indicated that the 1988 Denton Development Plan strongly discouraged strip development in this area. He did not feel this was the best use of the property and other options should be looked at. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 15. The Council held a public hearing and received citizen comment on the interim Corridor Ordinance providing a classification for designating roadways in Denton; establishing a minimum landscape setback along designated roadways; providing architectural standards for designated roadways; establishing screening requirements for mechanical equipment, roof top equipment, vehicle service bays, loading docks, and outside storage of merchandise; limiting the visibility of certain uses along designated roadways; requiring traffic circulation plans for properties that access the designated roadways, and providing for non-conforming landscaping; providing a penalty for the violations thereof; providing a severability clause; and providing for an effective date. Mayor Miller stated that Council would be receiving information at this meeting and would not be discussing the proposed ordinance. After discussion at the next work session, Council would hold another public hearing and then decide on the ordinance. City of Denton City Council Minutes June 2, 1998 Page 11 Dave Hill, Director of Planning and Development, stated that a discussion had been held with a land use attorney who specialized in zoning regulations with an indication that because there were limited areas of application that would draw specific lines on a map and was not a city- wide text amendment, notices would have to be given to all property owners within 200'. The earliest date to return for another public hearing would be July 21st due to that notification process. At one time it was felt that the 200’ notification did not have to be done and that only a notice in the newspaper was required. It was determined that that was not sufficient for this type of proposal. The Mayor opened the public hearing. Dan Shay asked for clarification with this and the Fort Worth Drive project. He felt that the regulations came only so far into the City and then stopped. He felt it would be more effective to bring the regulations on into the City. The Mayor closed the public hearing. 16. The Council held a public hearing for City Council members to hear comments regarding Land Use Assumptions for Impact Fee Implementation. Dave Hill, Director for Planning and Development, stated that this was the first public hearing for comments on land use assumptions for impact fee implementation. Council would consider the ordinance on June 16th. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. 17. The Council considered adoption of an ordinance annexing a 30.32 acre tract located north of Highway 77, east of its intersection with I-35; establishing Commercial, conditioned, (C[c]) zoning district classification and use designation; and providing an effective date. First reading, (A-76, Rancho Vista) (The Planning and Zoning Commission recommended approval (5-0) of the annexation and Commercial, conditioned (C[c]) zoning district classification and use designation.) Mayor Miller stated that since this was an annexation issue with a required public hearing. The item had been properly noticed in the newspaper. Dave Hill, Director of Planning and Development, stated that there were already two public hearings regarding this annexation. The applicant was asking for both annexation and zoning at the same time. Three issues were considered before the Planning and Zoning Commission. One was the annexation issue, the second was a request to zone a portion of agricultural land to City of Denton City Council Minutes June 2, 1998 Page 12 commercial and the third was to zone the annexation area as commercial. Council was not being asked to look at zoning issues at this meeting. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 18. The Council held a public hearing regarding the proposed annexation of a 15.088 acre property located east of Swisher Road near its intersection with Edwards Road in Denton’s extraterritorial jurisdiction northeast of I-35E. (A-77, The Preserve) Dave Hill, Director of Planning and Development, stated that this was the first of the two public hearings required. The next public hearing for this annexation would be June 16th. The proposed planned development was a small portion of the overall planned development. The purpose of the annexation was to allow access to the potential extension of Lakeview Blvd. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. 19. The Council considered approval of exaction variances from Section 34-114(3), street design standards, Section 34-125(b), street access, Section 34-114(17), sidewalks, Section 34- 124(e), drainage design standards, and Section 34-124(g), concerning drainage easements, of the Subdivision and Land Development Regulations for a 61.018 acre property located in Division One of the City of Denton’s Extraterritorial Jurisdiction (ETJ). The property subdivision was located on the south side of Shepard Road and to the west of Green Valley Circle. The proposal was to subdivide four (4) existing lots into nine (9) lots for single family housing. (The Planning and Zoning Commission recommended approval 4-0.) Dave Hill, Director of Planning and Development, stated that this was a replat of a subdivision that was recently approved. This was a 20-lot subdivision on 61 acres located in the City’s extraterritorial jurisdiction. The proposal was to subdivide four lots into nine lots. One of the requested variances was to be exempted from street design standards. The developer wanted to develop a private road in its existing condition of a 20' wide gravel road. Typically a 24’ wide road would be required. The property was not required to provide perimeter paving along adjacent public streets as it was located more than 8,000 feet from the nearest City of Denton water line. The second variance dealt with street access. This was a proposed private road and City of Denton City Council Minutes June 2, 1998 Page 13 according to regulations it would not be allowed except in a planned development district. A planned development was not an option for this proposal as it was not in the City limits. The third variance dealt with sidewalks. This was a reasonable exemption due to the distance from the city. Drainage design standards was also a requested variance. It was requested to leave the drainage area in a natural state except along the private road. The fifth requested variance was for drainage easements. An easement would be provided 75’ wide without a drainage study. Beasley motioned, Young seconded to approve all five of the variances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 20. The Council considered adoption of an ordinance on Second Reading whereby the City of Denton,Texas, and Nortex Telcom, LLC agree that, for the purpose of operating its Telecommunications Business, the Telephone Companyshall, construct, erect, build, equip, own, maintain and operate in, along, under, over and across, the streets, avenues, alleys, bridges, viaducts, and public grounds of the City, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for rendition of telecommunications services in said Cityand for conducting a general local and long-distance telephone business, prescribing the conditions governing the use of public rights-of-way for the Telephone Company'stelecommunications business, prescribing the quarterly compensation due the City under this ordinance, providing the right of the City to use certain facilities of the Telephone Company; specifying governing laws; providing for assignment; prescribing the term and effective date of said agreement; providing for notice; providing for binding effect; providing that the ordinance be cumulative; providing for governmental immunity; providing for consent and acceptance; providing for severability; providing for choice of law and venue; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; providing for future contingencies; providing for repeal of conflicting ordinances; providing for release of all claims under prior ordinances; providing for alternate dispute resolution; and providing for method of acceptance. Mayor Miller stated that this was the second reading for this ordinance. The following ordinance was considered: NO. 98-154 AN ORDINANCE ON SECOND READING WHEREBY THE CITY OF DENTON, TEXAS, AND NORTEX TELCOM, LLC AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANYSHALL, CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER City of Denton City Council Minutes June 2, 1998 Page 14 APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITYAND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS, PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITYUNDER THIS ORDINANCE, PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING FOR NOTICE; PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 21. The Council considered adoption of an ordinance on Second Reading whereby the City of Denton,Texas, and CoServ, LLC, (d/b/a/ CoServ Communications), an affiliate of Denton County Electric, agree that, for the purpose of operating its Telecommunications Business, the Telephone Companyshall, construct, erect, build, equip, own, maintain and operate in, along, under, over and across, the streets, avenues, alleys, bridges, viaducts, and public grounds of the City, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for rendition of telecommunications services in said Cityand for conducting a general local and long-distance telephone business, prescribing the conditions governing the use of public rights-of-way for the Telephone Company'stelecommunications business, prescribing the quarterly compensation due the Cityunder this ordinance, providing the right of the City to use certain facilities of the Telephone Company; specifying governing laws; providing for assignment; prescribing the term and effective date of said agreement; providing for notice; providing for binding effect; providing that the ordinance be cumulative; providing for governmental immunity; providing for consent and acceptance; providing for severability; providing for choice of law and venue; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; providing for future contingencies; providing for repeal of conflicting ordinances; providing for release of all claims under prior ordinances; providing for alternate dispute resolution; and providing for method of acceptance. City of Denton City Council Minutes June 2, 1998 Page 15 The following ordinance was considered: NO. 98-155 AN ORDINANCE ON SECOND READING WHEREBY THE CITY OF DENTON, TEXAS, AND COSERV, LLC, (D/B/A/ COSERV COMMUNICATIONS), AN AFFILIATE OF DENTON COUNTY ELECTRIC, AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANYSHALL, CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITYAND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS, PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITYUNDER THIS ORDINANCE, PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING FOR NOTICE; PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE. Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 22. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract with William M. Mercer, Inc. to provide professional services to assist the City in evaluating and selecting a health care provider and to provide related services as set forth in the contract; providing for the expenditure of funds therefor and providing an effective date. (Professional Services Agreement #2217, awarded to William M. Mercer Inc., in an amount not to exceed $64,000.00 per year) City of Denton City Council Minutes June 2, 1998 Page 16 Max Blackburn, Risk Manager, stated that this was a renewal of a three-year contract with Mercer. Staff was asking for approval of another three year contract. The first year of the contract would help with the structure of the City’s health insurance in the year 2000. The following ordinance was considered: NO. 98-156 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WILLIAM M. MERCER, INC. TO PROVIDE PROFESSIONAL SERVICES TO ASSIST THE CITY IN EVALUATING AND SELECTING A HEALTH CARE PROVIDER AND TO PROVIDE RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE. (Professional Services Agreement #2217, awarded to William M. Mercer Inc., in an amount not to exceed $64,000.00 per year) Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 23. The Council considered adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Black & Veatch, L.L.P. for design engineering and construction management services; authorizing the expenditure of funds therefor; and providing an effective date. (Public Utilities Board recommended approval 5-0.) Sharon Mays, Director of Electric Utilities, stated that there was one transmission line in the system which was becoming overloaded. This contract was needed as no one on staff had the necessary expertise to work with this contract. The following ordinance was considered: NO. 98-157 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BLACK & VEATCH, L.L.P. FOR DESIGN ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes June 2, 1998 Page 17 24. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract for professional legal services with the law firm of O’Melveny & Myers, L.L.P.; authorizing the expenditure of funds therefor; and providing an effective date. (Public Utilities Board recommended approval 5-0.) Sharon Mays, Director of Electric Utilities, stated that this contract would cover two issues. One was an IRS issue and the other was alternatives to deal with the stranded investment problem and tax exempt areas. The following ordinance was considered: NO. 98-158 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF O’MELVENY & MYERS, L.L.P.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 25. The Council considered approval of a resolution to declare the intent to reimburse expenditures from unreserved fund balance of the General Fund with Certificates of Obligation Bonds; and providing an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that this was the funding for Item #26 for a fuel farm at the Airport. There was a requirement of TNRCC to replace the current tanks no later than December 31st. The following resolution was considered: NO. R98-023 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes June 2, 1998 Page 18 26. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for a fuel farm facility for the Municipal Airport; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2195 – Fuel Farm for Municipal Airport – Les Gray and Co. Inc. in the amount of $152,244.00) (The Airport Advisory Board recommended approval 5-0.) Linda Ratliff, Economic Development Director, stated that this was the lowest acceptable bid. The lowest bidder requested 40% down and as the City did not do that, this was the next lowest bid. The following ordinance was considered: NO. 98-159 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR A FUEL FARM FACILITY FOR THE MUNICIPAL AIRPORT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2195 – Fuel Farm for Municipal Airport – Les Gray and Co. Inc. in the amount of $152,244.00) Burroughs motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 27. The Council considered adoption of an ordinance approving the assignment of the agreement between the City of Denton and the Friends of Denton County History, Inc. (97-98); providing for the payment and use of hotel tax revenues to the Historical Society of Denton County, Inc., subject to the approval of revisions to the original budget approved by Resolution No. 98-013; and providing an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that this was a merger of Friends of Denton County History and the Historical Society of Denton County. This agreement would assign the lease and amend the resolution regarding their budget and would assign the funds awarded to them to the new entity as well. The following ordinance was considered: NO. 98-160 AN ORDINANCE APPROVING THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE FRIENDS OF DENTON COUNTY HISTORY, INC. (97-98); PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUES TO THE HISTORICAL SOCIETY OF DENTON COUNTY, INC., SUBJECT TO THE APPROVAL OF REVISIONS TO THE ORIGINAL BUDGET APPROVED BY RESOLUTION NO. 98-013; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes June 2, 1998 Page 19 Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 28. The Council considered approval of a resolution amending Resolution No. 97-044, which approved the 1997-98 budget of hotel tax revenues for Friends of Denton County History, Inc., by approving a revised budget to be administered by the Historical Society of Denton County, Inc., pursuant to Chapter 351 of the Texas Tax Code; and providing an effective date. The following resolution was considered: NO. R98-024 A RESOLUTION AMENDING RESOLUTION NO. 97-044, WHICH APPROVED THE 1997-98 BUDGET OF HOTEL TAX REVENUES FOR FRIENDS OF DENTON COUNTY HISTORY, INC., BY APPROVING A REVISED BUDGET TO BE ADMINISTERED BY THE HISTORICAL SOCIETY OF DENTON COUNTY, INC., PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 29. The Council considered adoption of an ordinance for the City of Denton, Texas, adopting Standard of Care for a recreation program entitled Denton Middle School Program pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an effective date. Ed Hodney, Director of Parks and Recreation, stated that Council had previously approved funding for this program. State law exempted this type of program from standard state day care requirements under certain conditions. One of those conditions was that a new set of standards of care be adopted. The proposed standards dealt with staffing requirements, qualifications, ratio of staff to participants, etc. The following ordinance was considered: NO. 98-161 AN ORDINANCE FOR THE CITY OF DENTON, TEXAS, ADOPTING STANDARD OF CARE FOR A RECREATION PROGRAM ENTITLED DENTON MIDDLE SCHOOL PROGRAM PURSUANT TO TEXAS HUMAN RESOURCES CODE SECTION 42.041 (B) (14); AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes June 2, 1998 Page 20 Young motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 30. The Council considered adoption of an ordinance authorizing the City Manager to execute a lease agreement with the Denton Independent School District for the lease of two portable buildings for a community police office; and providing for an effective date. Mike Jez, Assistant City Manager for Operations, stated that this was a ninety-nine year lease with the DISD at cost of $1 for two portable buildings on the west side of City. The following ordinance was considered: NO. 98-162 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE LEASE OF TWO PORTABLE BUILDINGS FOR A COMMUNITY POLICE OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 31. The Council considered approval of a resolution of the City of Denton, Texas, approving the drug-free zone maps produced by Engineering and Transportation Department of the City of Denton. Mike Jez, Assistant City Manager of Operations, stated that Council had reviewed this proposal at an earlier work session. The following resolution was considered: NO. R98-025 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE DRUG- FREE ZONE MAPS PRODUCED BY ENGINEERING AND TRANSPORTATION DEPARTMENT OF THE CITY OF DENTON. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 32. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Mount Pilgrim Christian Methodist Episcopal Church relating to City of Denton City Council Minutes June 2, 1998 Page 21 the purchase of 0.358 acre of land for constructing drainage improvements in the PEC-4 Tributary of Pecan Creek; authorizing the expenditure of funds therefore; and providing an effective date. (The Planning and Zoning Commission recommended approval 6-0.) Council Member Young asked if he would have to abstain from voting on this issue as Mount Pilgrim Christian Methodist Episcopal Church was the church he attended. City Attorney Prouty stated that Council Member Young could vote on this item as he did not own a real estate interest in the church of more than $5,000 and did not derive more than 10% of his income from the church. Rick Svehla, Deputy City Manager, stated that this ordinance would buy property for the Pecan Creek Channel improvements near Robertson Street. The following ordinance was considered: NO. 98-163 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MOUNT PILGRIM CHRISTIAN METHODIST EPISCOPAL CHURCH RELATING TO THE PURCHASE OF 0.358 ACRE OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC-4 TRIBUTARY OF PECAN CREEK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 33. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Ernest Mills, Trustee, relating to the purchase of 0.156 acre of land for constructing drainage improvements in the PEC-4 Tributary of Pecan Creek; authorizing the expenditure of funds therefore; and providing an effective date. (The Planning and Zoning Commission recommended approval 6-0.) Rick Svehla, Deputy City Manager, stated that this was the second tract for drainage improvements in this area. The following ordinance was considered: NO. 98-164 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ERNEST MILLS, TRUSTEE, RELATING TO THE PURCHASE OF 0.156 ACRE OF LAND FOR CONSTRUCTING DRAINAGE City of Denton City Council Minutes June 2, 1998 Page 22 IMPROVEMENTS IN THE PEC-4 TRIBUTARY OF PECAN CREEK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Mayor Miller stated that as Items #34-39 were all ordinances to vacate easements, Council could consider them in one motion. Durrance motioned, Young seconded to adopt Items #34-39. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 34. NO. 98-165 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 3, 1960, AND RECORDED WITH CLERK’S FILE NUMBER 3881; AND PROVIDING AN EFFECTIVE DATE. (The Planning and Zoning Commission recommended approval 6-0.) 35. NO. 98-166 AN ORDINANCE ABANDONING A UTILITY EASEMENT AND PARTIALLY ABANDONING A CERTAIN PORTION OF A DRAINAGE AND UTILITY EASEMENT, BOTH EASEMENTS BEING PART OF THE DENTON REGIONAL MEDICAL CENTER ADDITION AS RECORDED IN CABINET K, PAGE 356 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. (Planning and Zoning Commission recommended approval 5-0.) 36. NO. 98-167 AN ORDINANCE PARTIALLY VACATING A CERTAIN EASEMENT FOR THE CONSTRUCTION OF LOCAL ELECTRIC SERVICE LINES FROM LAKEWOOD ESTATES PARTNERSHIP TO THE CITY OF DENTON BY EASEMENT DATED MARCH 3, 1983, AND RECORDED IN VOLUME 1200, PAGE 803 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. (The Planning and Zoning Commission recommended approval 5- 0.) 37. NO. 98-168 AN ORDINANCE ABANDONING THE WEST 8 FEET OF A 16-FOOT UTILITY EASEMENT AT THE REAR OF LOTS 8 AND 9, BLOCK 4, OF WILLOWCREEK City of Denton City Council Minutes June 2, 1998 Page 23 ADDITION, AS RECORDED IN VOLUME 7, PAGE 20 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. (The Planning and Zoning Commission recommends approval 6-0.) 38. NO. 98-169 AN ORDINANCE ABANDONING A DRAINAGE EASEMENT ON THE WEST 15 FEET OF LOT 24, BLOCK C, OF HICKORY CREEK HEIGHTS ADDITION, AS RECORDED IN CABINET N, SLIDE 101 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. (The Planning and Zoning Commission recommended approval 4-0.) 39. NO. 98-170 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A PORTION OF A DRAINAGE EASEMENT AT THE REAR OF LOT 20, BLOCK B OF NORTHWOOD ADDITION TWELFTH INSTALLMENT, AN ADDITION TO THE CITY OF DENTON, PROVIDING FOR THE REVERSION OF THE CITY’S INTERESTS IN SAID LAND; AND DECLARING AN EFFECTIVE DATE. (The Planning and Zoning Commission recommended approval 5-0.) 40. The Council considered approval of a resolution to declare the intent to reimburse expenditures from unreserved fund balance of the General Fund with General Obligation Bonds; and providing an effective date. City Manager Benavides stated that this site was at the back of the Southridge Village access. The following resolution was considered: NO. R98-026 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 41. The Council considered nominations/appointments to City’s Boards and Commissions. Mayor Miller indicated that Diane Crew was nominated to the Cable TV Advisory Board by Mayor Pro Tem Beasley at a previous meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes June 2, 1998 Page 24 42. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council at this meeting. 43. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young stated that Mr. Cannon on Spencer Road had been complaining about the sanitation trucks making loud noises early in the morning due to the condition of the road. Howard Martin, Assistant City Manager for Utilities, stated that they were aware of the problem and were working on solutions. B. Council Member Young stated that he had received a complaint about speeders on Morse Street. He asked about having a radar unit at that location. C. Council Member Kristoferson asked the Legal Department and the Planning Department to provide any and all information that would offer possibilities, options and opportunities for downzoning densities, specifically multi-family and planned developments and to also include single family minimum lot size. She requested the historical background of the Denton zoning ordinance put in place in 1969 and any master plan assumptions and land use assumptions that were put in place and what the zoning was based on. She would like to discuss this information as the earliest possible work session. 44. There was no continuation of Closed Meeting under Sections 551-071–551.085 of the Texas Open Meetings Act. 45. There was no official Action 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 11:45 p.m. _____________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS