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Minutes June 16, 1998CITY OF DENTON CITY COUNCIL MINUTES JUNE 16, 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 16, 1998 at 5:45 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance, Kristoferson, and Young. ABSENT: Council Member Burroughs 1. Closed Meeting: A. Conference with Employees—Under TEX. GOV’T. CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, June 16, 1998 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance, Kristoferson, and Young. ABSENT: Council Member Burroughs 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PRESENTATIONS/AWARDS 2. Proclamations Mayor Miller presented the following proclamations: Amateur Radio Week Recreation and Parks Month CITIZEN REPORTS 3. The Council received a report from Mickey George regarding an update on advertising fliers on utility poles in the Fry Street area and surrounding neighborhoods. Mr. George stated that there was an ordinance against posting fliers on utility poles in the City. He noticed that there were many handbills posted on wooden utility poles, metal utility poles and anything that a flier could be posted on. This was a concern to anyone interested in beautifying Denton. He understood that the City Manager had directed all City employees that it was part of their job to remove these types of fliers. On two different occasions he had taken the time to remove as many fliers as he could in the Fry Street area. It appeared to him that the number of City of Denton City Council Minutes June 16, 1998 Page 2 fliers on the poles was decreasing as more and more were removed and the businesses were contacted about not doing this. 4. The Council received a report from Edward G. Burckart regarding the wind device ordinance. Mr. Burckart was not present at the meeting. 5. The Council received a report from Kevin Bradshaw regarding the wind device ordinance. Mr. Bradshaw was not present at the meeting. 6. The Council received a report from Dessie Goodson regarding a memo dated 6/5/98 from the City Manager to the City Council regarding Ms. Goodson’s appearance at the May 19, 1998 Council meeting. Ms. Goodson stated the memo indicated that repairs on Greg Street would cost approximately $7,000. New sidewalks were recently installed from University to Pearl Street and on Greenlee. There had to be money for the sidewalks on Greg as the City had $700,000 to revitalize downtown. The memo indicated that she owed $297 for her utility bill. She did not have a water leak at her home. The City refunded her money for one bill. She presented information regarding her utility bill and felt that the City was wrong about what she owed. CONSENT AGENDA Beasley 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. 7. Tax refund to Union Camp in the amount of $11,953.36. 8. NO. 98-174 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR GROUNDWATER MONITORING WELLS; PROVIDING FOR THE EXPENDITURES OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2204 – Groundwater Monitoring Wells awarded to ETTL Engineers & Consultants Inc. in the amount of $87,150.00) 9. NO. 98-175 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF TARRANT RELATING TO PARTICIPATION IN VARIOUS TARRANT COUNTY CONTRACTS WHICH PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AND DECLARING AN EFFECTIVE DATE. (File #2231 – Interlocal Agreement with Tarrant County) City of Denton City Council Minutes June 16, 1998 Page 3 10. NO. 98-176 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENT (HGAC) FOR THE PURCHASE OF A POLICE SEDAN BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Purchase Order #85606 to HGAC in the amount of $20,679.66) 11. NO. 98-177 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CASTLEMARK CONSULTING, INC. FOR CONSULTING SERVICES RELATING TO THE APPLICATION OF SOFTWARE PRODUCTS ON THE MAIN FRAME COMPUTER SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Purchase Order #85608 – Castlemark Consulting, Inc. in the amount of $35,200.00) 12. NO. 98-178 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT TO UPGRADE AUTOMATED CONTROL CAPABILITIES OF THE ELECTRIC SYSTEM SCADA FOR IMPROVED ELECTRIC LOAD MANAGEMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (Purchase Order #85607 – Advanced Control System in the amount of $174,665.00) 13. NO. 98-179 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO (2) PUMPER FIRE TRUCK APPARATUS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2190 – Pumper Fire Truck Apparatus awarded to Fire Storm Fire Apparatus and Equipment/KME Fire Apparatus in the amount of $551,976.00) 14. NO. 98-180 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A PRIMARY METER SET ENCLOSURE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2212 – Primary Meter Enclosure awarded to Cummins Utility Supply in the amount of $20,325.00) City of Denton City Council Minutes June 16, 1998 Page 4 15. NO. 98-181 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF ELECTRIC SUBSTATION STEEL, SWITCHES AND BUSS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2214 – Arco Substation Phase II Steel, Switches and Buss in the amount of $73,785.00 awarded to Dis-Tran Corporation) 16. NO. 98-182 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH DIETER SCHWARZ, TERRA/BAIN, INC., AND NR & RJ PROPERTIES, L.P., RELATING TO PURCHASE OF PROPERTY IN LAKEVIEW RANCH FOR A SEWER LIFT STATION AND STREET RIGHT-OF-WAY AND THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 17. NO. 98-183 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FURNITURE FOR CITY HALL RENOVATION PROJECT II; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid #2210 – Furniture – City Hall Project II awarded to Wells Furniture For Business in the amount of $309,593.54) 18. NO. 98-184 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY TO EXTEND THE LEASE FOR WAREHOUSE SPACE TO A THIRD TERM; AND PROVIDING AN EFFECTIVE DATE. 19. NO. 98-185 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE CHILDREN’S TRUST FUND OF TEXAS TO OBTAIN A GRANT FOR A FAMILY RESOURCE CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE CHILDREN’S TRUST FUND OF TEXAS FOR A FAMILY RESOURCE CENTER, AND PROVIDING AN EFFECTIVE DATE. 20. NO. R98-027 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. 1 TO THE AIRPORT PROJECT City of Denton City Council Minutes June 16, 1998 Page 5 PARTICIPATION GRANT FOR STATE ASSISTED ROUTINE MAINTENANCE BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS 21. The Council held a public hearing and considered approval of a request to change zoning from an Agricultural (A) zoning district to a One-Family Dwelling, conditioned, (SF-7[c]) zoning district classification and use designation. The 32.745-acre tract was located in south Denton, north of Hickory Creek Road, approximately 1,500 feet west of FM 2181. Single family residential development was proposed. (The Planning and Zoning Commission recommended approval 5-0.) (Z-97-034) Dave Hill, Director for Planning and Development, detailed the location of the proposal as indicated in the agenda materials. The action requested was to change the zoning from agricultural to Single-Family 7 conditioned. The land use density and intensity of the potential development appeared to be consistent with the Denton Development Plan. It also was consistent with surrounding zoning. The conditions recommended were that individual lots along the eastern and western boundaries of the property would be a minimum of 10,000 square feet and the balance of the lots would be a minimum of 7,000 square feet interior and on the north and south sides. A bufferyard would be required along the eastern and western boundaries of the property. The details of such were included in the agenda materials. Council Member Cochran asked how many 10,000 square foot lots would be developed. Hill replied that an estimate would be 30 of such lots along each side. Council Member Kristoferson asked if the City or County maintained Hickory Creek Road. Hill replied that the City maintained that road. Council Member Kristoferson asked how many 10,000 square foot lots had been approved for the area. Hill replied approximately 6,000-7,000. The Mayor opened the public hearing. Mark Weatherford stated that approximately 35 of the total lots would be SF-10 out of approximately 110 lots. They had the support of the property owners to the east and west with the bufferyard on both sides. The property owner to the north also supported the proposal. Mayor Pro Tem Beasley stated that the drainage issues would be addressed during platting. Weatherford replied correct. Council Member Kristoferson asked about drainage in the area. City of Denton City Council Minutes June 16, 1998 Page 6 Weatherford stated that there was an area where 3-4 feet of water would collect during a very heavy rain. He stated that this development along with the development to the south would work out a drainage plan using a box system of culverts during the platting stage. No one spoke in opposition. The Mayor closed the public hearing. Council Member Kristoferson stated that she would prefer to see a detailed plan prior to the platting as it was not known where the streets would be placed, how the drainage would be dealt with and what the traffic studies were. Rick Svehla, Deputy City Manager, stated that there were subdivision regulations that would place certain requirements on the developer. Council Member Kristoferson asked if those details would be seen by Council. Svehla replied not in straight zoning as it was done in platting. If the proposal was a planned development, those details would be seen by Council. Council Member Kristoferson asked that if the proposal were a planned development, Council would see it in that form. Herb Prouty, City Attorney, stated that Council could not change the proposal to a planned development at this meeting. It would have to be renoticed and heard again at the Planning and Zoning Commission. Mayor Miller expressed concern about a change in the rules for developers and their zoning requests. Was the Council suggesting that the proposals had to be planned developments rather than straight zoning. If so, that was a fundamental change of the ground rules under which developers were working. Hill stated that a planned development allowed for a greater amount of detail to be reviewed by Council. A developer had a choice on what type of application to request. Council Member Kristoferson expressed concerns about mitigation of the drainage as there was nothing in writing at this point in time. The size of the roads within the subdivision and the layout of those roads were also not known. The following ordinance was considered: NO. 98-186 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE ONE FAMILY DWELLING, CONDITIONED (SF-7[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH TWO CONDITIONS FOR 32.745 ACRES OF LAND City of Denton City Council Minutes June 16, 1998 Page 7 LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD, APPROXIMATELY 1,500 FEET WEST OF F.M. 2181; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. 22. The Council held a public hearing and considered rezoning 4.873 acres from a Multi- Family One (MF-1) zoning district to a Planned Development (PD) zoning district. The property was legally described as the southern five hundred and twenty-six (526) feet of Tract 288 of the Eugene Puchalski Survey and was located between I-35 North and Bonnie Brae Street and Scripture Street and West Oak Street, directly west of the Denton Community Hospital complex. The purpose of the rezoning was to provide additional parking, office space, and a helipad for the hospital. (The Planning and Zoning Commission recommended approval 5-0 with conditions.) (Z-98-022) Dave Hill, Director of Planning and Development, stated that the requested change in zoning was from Multi-family 1 to planned development. It was intended to allow the applicant to construct an office building, locate a parking lot on the site and construct a helipad. The Planning and Zoning Commission had recommended approval with the two conditions that 17 trees to the north and south of the helipad be removed to ensure the safety of the helicopter approach to the helipad and that a second access drive be provided from the Denton County MHMR Center. The 1988 Denton Development Plan showed that the property was within a moderate activity center and the matrix showed that it was consistent with all but the land use diversity issue. The original site plan had access from the rear hospital parking lot that looped around the proposed office building. In conjunction with that was the proposed landscape plan that far exceeded the requirements of the landscape ordinance. A second version of the site plan was submitted which showed the Planning and Zoning Commission’s recommendations. That version showed a change in that there would be a point of access from the Denton County MHMR property. The Director of the MHMR Center had been authorized to enter into negotiations to secure the access. The second site plan also showed the removal of the trees on the north and south as recommended by the Planning and Zoning Commission. Even with the reduction in the trees, the landscape ordinance requirements were met. Council Member Cochran asked how close the helipad was to the Vintage Apartments and the other apartments in the area. Hill stated that it was approximately 200-300 feet from the buildings. Council Member Cochran asked about the trip generation and the fact that it was not directly adjacent to a public street. He questioned if the generation been added to the Denton Community Hospital numbers. Hill stated that there was an access drive along existing parking and the emergency area spaces along the southern property line of the hospital. The existing location would be over a culvert City of Denton City Council Minutes June 16, 1998 Page 8 and there was some concern that access might at some time be blocked to the helipad. That was the reason for the recommendation for a second entrance. Council Member Cochran felt that there might be problems with the traffic going through an adjacent parking lot and not having direct access to a street. The Mayor opened the public hearing. Charles Krock, engineer on the project, stated that he would respond to any technical questions the Council might have regarding the proposal. The spaces along the southern property line of the hospital indicated that the helicopter flights would not be coming in over the apartments but would be arriving from the north whenever possible. Tim Charles, Denton Community Hospital, stated that currently the helicopters landed in the parking lot of the hospital and the backyard of the Vintage and the helipad would be a much needed improvement. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-187 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY (MF-1) ZONING DISTRICT CLASSIFICATION TO PLANNED DEVELOPMENT 166 (PD-166) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.873 ACRES OF LAND SURROUNDED BY I-35 NORTH AND BONNIE BRAE AND SCRIPTURE STREET AND WEST OAK STREET; APPROVING A DETAILED PLAN AND A LANDSCAPE PLAN FOR DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 23. The Council held a public hearing and considered rezoning 2.297 acres from a Commercial (C) zoning district to a Multi-Family One (MF-1) zoning district. The property was legally described as part of Tract 350 of the Alexander Hill Survey and was located on the south side of I-35 East, to the north of Londonderry Street, and between Sam Bass Boulevard and Teasley Lane. The proposal was to develop a multi-family complex. (The Planning and Zoning Commission recommended approval 5-0.) (Z-98-025) Dave Hill, Director of Planning and Development, stated that this item was a rezoning of a 2.297 acre tract from commercial zoning to multi-family 1. The property was zoned commercial in 1983 and had remained undeveloped since that time. The property was not platted and would need to be platted prior to any development. The applicant owned 4.155 acres just south of this City of Denton City Council Minutes June 16, 1998 Page 9 site that was already zoned and platted multi-family 1. Street access would occur through Jason and could extend to the I35E frontage road that was one-way east. The roadway access was considered to be adequate to handle the proposed development. Sidewalks and drainage improvements would be required. No neighborhood meeting was held. Council Member Kristoferson stated that the extension of Jason was not advisable due to the fact that it could join the access road at a point of an exit ramp. She questioned if the development could be done without Jason connecting to I35. Rick Svehla, Deputy City Manager, stated that staff did not recommend the extension of Jason. The small site already had an access to Jason but more in terms of a private drive rather than a straight through access. Staff would not recommend a straight through movement through Londonderry to I35. The Mayor opened the public hearing. Patrick Connors presented a proposed layout of the development. Breakaway gates would be placed for emergency vehicles. No one spoke in opposition. The Mayor closed the public hearing. Council Member Kristoferson stated that she was going to make a motion to deny the proposal. It had been mentioned that the City needed to diversify the tax base and cut down on multi- family and residential development and expand the tax base to offer employment centers for residents. There was a large amount of multi-family zoning already in the area. She would prefer to have it remain commercial rather than additional residential zoning. Kristoferson motioned, Durrance seconded to deny the request. Mayor Pro Tem Beasley stated that she would be voting against the motion. There was already multi-family in the area and a small portion of the proposal was on the highway. The property was near UNT and this was the type of housing that students needed. She did not think commercial would be developed in the interior portion of the property. Mayor Miller stated that he too would be voting against the motion. Council Member Durrance stated that this proposal was located on a scenic corridor. Density was a concern as was the traffic flow. He felt that this proposal emphasized the problems with overlay zoning for entrances, etc. On roll vote, Beasley “nay”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed with a 3-3 tie vote. Beasley motioned, Young seconded to approve the proposal. On roll vote, Beasley “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion failed with a 3-3 tie vote. City of Denton City Council Minutes June 16, 1998 Page 10 Mayor Miller stated that under the Council’s Rules of Procedure a tie vote automatically placed the item on the next agenda when a complete Council was present. 24. The Council held a public hearing and considered approval of an amendment of a detailed plan within a Planned Development (PD-87). The 4.708-acre tract was located in south Denton on the west side of Lillian Miller Parkway, between I-35E and Southridge Drive. The current detailed plan was for single-family residential development; office development was proposed. (The Planning and Zoning Commission recommended approval 3-2.) (Z-98-023) Dave Hill, Director of Planning and Development stated that the action requested was approval of an amended detail plan for a portion of PD-87. The land use intensity concentration and strip commercial criteria were consistent with the 1988 Denton Development Plan. The traffic design, intensity, green space and neighborhood input criteria were compatible with surrounding development. The Planning and Zoning Commission recommended twelve conditions that were included in the agenda materials and were similar to previously approved office developments in the general area. The major access to the planned development would be central to the planned development lot. There was also an emergency fire access to Southridge Drive but it would not be an available access route for regular traffic. A breakaway gate would be installed in that area. A twenty foot buffer strip would be installed on the property. There were some inconsistencies between the Planning and Zoning Commission recommendations and the revised detailed plan. The uses recommended by the Planning and Zoning Commission were limited to professional, medical, dental or business administrative services, small animal clinic or public park or open space. There was a difference between the recommendation from Planning and Zoning and the developer regarding floor area or roof area that should not make a large difference to the development. The exterior walls would be built of brick, brick veneer or other masonry materials. The detailed plan also did not include a requirement of 12 trees per 100 linear feet to be planted or maintained in the bufferyard and 33% or more had to be large trees with a large fence (no less than 6 feet in height). The 20% rule did not apply for this case and there was a response from a property owner outside the 200 feet who was in opposition. The Planning and Zoning Commission approved the proposal with concerns about the traffic on Lillian Miller and concerns on whether the buffering would adequately address the adjacency issue for the single- family residences. Council Member Kristoferson questioned that if the single-family residences were allowed to continue to be zoned, would the curb cut access be allowed on Lillian Miller. Mark Donaldson, Assistant Planning Director, stated that the current detailed plan had two access points on Lillian Miller and one on Southridge to access two single-family lots that fronted on Southridge. There would be a private road on the property to provide the access to the other eight single-family lots. Council Member Kristoferson asked if the proposal would be at least 50% of green space. Hill stated that between the landscape buffer and the maximum square footage, it would be well over the 20% requirement of the landscape ordinance. Council Member Kristoferson expressed a concern with the ten single-family residences that would be remaining on the 4.6 acres on the south. At the neighborhood meeting, it was City of Denton City Council Minutes June 16, 1998 Page 11 expressed that deed covenants would be written to protect those lots. She questioned if that would happen to those deed covenants at the time of sale. Hill stated that deed covenants were private agreements between the property owner and the prospective buyer. The City did not recognize those as being either in compliance or not in compliance with municipal regulations. Herb Prouty, City Attorney, stated that the City could not enforce private deed covenants and did not regard them in the process of evaluating the zoning or the conditions on the zoning. The private parties could enforce them. The Mayor opened the public hearing. Dale Irwin stated that he was proposing an office development on this tract. The zoning issue was just for the northern part of the property. This would be a small, low density office building complex. This proposal would be very similar to the Carroll Boulevard project that he built with the exception that the proposed complex would consist of one story buildings instead of two. It was felt that this complex would be the best use of the land that fronted Lillian Miller as it was felt that single-family homes would not be developed along the front of Lillian Miller. Mayor Miller asked about the differences between the detailed plan and the Planning and Zoning Commission recommendations. Irwin replied that the main issue was that 6,000 square feet per roof area was more of a design question. If a building were designed properly, entrances would be built that were covered by a roof. It would be preferred to not have those designs included in the building area. He would prefer the 6,000 square feet of floor area. Mayor Miller asked if there were any other items that differed. Hill stated that the Planning and Zoning Commission limited the uses to professional, medical, dental or business administrative services. The applicant had proposed a wider variety of land uses. Irwin indicated that he did not have a problem with the uses as proposed by the Planning and Zoning Commission. Mayor Miller asked if there were any post-Planning and Zoning Commission issues that had to be dealt with. Hill stated that staff would be acceptable with the 6,000 square feet of floor area. Craig Irwin stated that it was felt that this was the best use of the property due to other zoning in the area. It was felt that Southridge Drive would be a good breaking point in the zoning. A st neighborhood meeting was held May 21 and as a result, the proposal was changed. George Gibson spoke in support of the proposal. City of Denton City Council Minutes June 16, 1998 Page 12 Alvin Whaley, Brennan Gourdie, Elizabeth Gourdie, Ann Marchand, Paul Baris, and Janell Trachta spoke in opposition. Windy Harris, and Marcilla Collinsworth presented speaker cards in opposition but did not wish to address Council. The petitioner was allowed a five-minute rebuttal. Craig Irwin stated that notices were sent out for a second neighborhood meeting for June 10th and they had asked for phone calls with questions or concerns. No one came to that second meeting. He indicated that some of the people who had made comments in opposition to the proposal were the same individuals who had contacted them to purchase the property and had asked for no restrictions for offices. It concerned him that behind the scenes, those individuals had asked them to sell the property and keep the restrictions off so that those individuals could build offices on the same property. Previously built homes were sold without a reduction in value when other offices were built in the area. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-188 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 93-232 TO PROVIDE FOR AN AMENDMENT TO AN APPROVED DETAILED PLAN FOR 4.708 ACRES OF LAND CURRENTLY WITHIN PLANNED DEVELOPMENT DISTRICT EIGHTY-SEVEN (PD-87) LOCATED ALONG THE WEST SIDE OF LILLIAN MILLER PARKWAY BETWEEN INTERSTATE 35E AND SOUTHRIDGE DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance with all conditions as recommended by the Planning and Zoning Commission including the 6,000 square foot floor area. Council Member Young felt that these offices would be the best development of this property. Council Member Durrance felt that this proposal involved the question of neighborhood integrity in the area. This was a piece meal approach to this situation. The broader picture needed to be kept in mind with traffic, intensity and density. Mayor Miller felt that this proposal would be good for the area and good for Denton. Council Member Kristoferson felt that this was a good proposal but that she would be voting against it due to the comments by the citizens living in the area. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 4-2 vote. City of Denton City Council Minutes June 16, 1998 Page 13 25. 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) Dave Hill, Director of Planning and Development, stated that this was a voluntary annexation petition by the property owner. This was the second public hearing required by State law. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. st Mayor Miller indicated that this item would be on the July 21 agenda for consideration. ITEMS FOR INDIVIDUAL CONSIDERATION 26. The Council considered approval of a resolution regarding Land Use Assumptions for Impact Fee Implementation. Jill Jordan, Director of Water/Wastewater, stated that a public hearing had already been held on these land use assumptions. These assumptions would be the basis for calculating the impact fees that would be considered at a later date. The following resolution was considered: NO. R98-028 A RESOLUTION REGARDING LAND USE ASSUMPTIONS FOR IMPACT FEE IMPLEMENTATION. Durrance motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. 27. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services agreement for the development of a Library Master Plan; authorizing the expenditure of funds therefor; and providing an effective date. (RFSP #2128 – Public Library Master Plan awarded to Carol Brown Associates in the amount of $46,475.00) Eva Poole, Library Director, stated that this ordinance would hire Carol Brown Associates to develop and prepare a master plan for organization, services and facilities to meet the future needs of the library system. This plan would contain three components – a mater plan for the library system, services and organization; a building needs assessment for the Emily Fowler Library; and a facilities plan to bring the Emily Fowler Library to standard. City of Denton City Council Minutes June 16, 1998 Page 14 The following ordinance was considered: NO. 98-189 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR THE DEVELOPMENT OF A LIBRARY MASTER PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2128 – Public Library Master Plan awarded to Carol Brown Associates in the amount of $46,475.00) Durrance motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 28. The Council considered adoption of an ordinance superceding and repealing Ordinance No. 96-274 to add a school safety speed zone for McMath Middle School; designating and establishing school safety speed zones; reducing the maximum prima facie speed limit for said school safety speed zones to speeds found to be reasonable and safe by the Engineering and Traffic Department investigations for the designated hours; providing for school bus loading zones at certain schools; providing a penalty of a fine not to exceed two hundred dollars ($200.00); providing a severability clause; providing for publication; and declaring an effective date. Rick Svehla, Deputy City Manager, stated that this would establish a school zone for the McMath Middle School and would cover both the entrances and exists to McMath School. The following ordinance was considered: NO. 98-190 AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 96-274 TO ADD A SCHOOL SAFETY SPEED ZONE FOR MCMATH MIDDLE SCHOOL; DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND TRAFFIC DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS; PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 29. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment Number Five to the agreement between the City of Denton and HDR Engineering, Inc. for professional engineering services for the City of Denton sanitary landfill development City of Denton City Council Minutes June 16, 1998 Page 15 and expansion, relating to Phase IV and Phase V thereof; providing for the expenditure of funds therefore; and providing for an effective date. Jerry Cosgrove, Engineering Administrator, stated that the amendment was needed for an increase in the inspection time for installation of the liner, an increase in inspection time due to the longer construction period and additional modifications of the landfill permit since the original approval of the permit. The following ordinance was considered: NO. 98-191 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER FIVE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CITY OF DENTON SANITARY LANDFILL DEVELOPMENT AND EXPANSION, RELATING TO PHASE IV AND PHASE V THEREOF; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 30. The Council considered approval of a resolution approving a Right-of-Way Use Agreement between the City of Denton, Texas and Hills of Argyle Monticello, Ltd.; and declaring an effective date. (The Planning and Zoning Commission recommended approval 5-0) Rick Svehla, Deputy City Manager, stated that this agreement would allow the developer to build and landscape medians within the City’s right-of-way. The agreement was reviewed and recommended to Council by the Planning and Zoning Commission. Richard Myers spoke in favor of the proposal. Council Member Durrance asked about gates to the entrances. Myers stated that there would be gates that would always be open. It would give the appearance of a gated community but they would be welded open and were not operational. Herb Prouty, City Attorney, stated that the ordinance in the agenda materials had allowed landscaping, irrigation, decorative fencing and stone work in the medians. The recommendation from the Planning and Zoning Commission was to limit what could be placed in the medians to live plants and associated underground irrigation systems. The new resolution placed before Council followed the Planning and Zoning Commission recommendation by limiting the agreement to live plants and the irrigation system. Mayor Pro Tem Beasley stated that nothing would be built over the City’s utilities. City of Denton City Council Minutes June 16, 1998 Page 16 Myers stated that everything was purposely designed in the medians. There would be a private sewer system and the water line was outside the road. The following resolution was considered: NO. R98-029 A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND HILLS OF ARGYLE MONTICELLO, LTD.; AND DECLARING AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to approve the resolution with the original request by the applicant. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 4-2 vote. 31. The Council considered approval of a resolution establishing the maximum rates that Marcus Cable Association, L.L.P., may charge its Denton Cable Television subscribers for the basic service tier and associated equipment; establishing a maximum hourly service charge; providing a severability clause; and providing an effective date. (The Cable Television Advisory Board recommended approval of the Consultant’s recommendation of maximum permitted rates 6-0.) Richard Foster, Public Information Officer, stated that this resolution would approve the maximum rates that Marcus Cable could charge through May 31, 1999 for basic cable service, equipment associated with that and the hourly service charge. The rates would be $9.44 per month for the basic cable service, $26.81 for the hourly service charge. $.18 per month for the remote controls, $3.22 for addressable converters, $1.19 per month for non-addressable converters, $3.43 for advanced analog converters and $2.00 for changing tiers. The following resolution was considered: NO. R98-030 A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT MARCUS CABLE ASSOCIATION, L.L.P., MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT; ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. 32. The Council considered a report, held a discussion, and gave staff direction regarding an expenditure not to exceed $4,000 for funding of an archival study and archeological survey of the original site of Pickneyville. City of Denton City Council Minutes June 16, 1998 Page 17 Bullitt Lowry, Chair-Historic Landmark Commission, stated that the County would be contributing $3,500 of the $7,240 estimated cost of this project. Young motioned, Beasley seconded to approve the funding. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 33. The Council considered adopting an ordinance authorizing a joint public hearing with the Planning and Zoning Commission and the City Council to be held on August 4, 1998 pursuant to Texas Local Government Code Section 211.007(b) at the City Council Chambers at 7 o’clock p.m. to consider recommendation and action upon an ordinance creating a corridor overlay district; prescribing notice of the joint meeting pursuant to Texas Local Government Code Section 211.007(d) by running newspaper ad and mailing notice to owners within the proposed defined corridor boundaries. Dave Hill, Director of Planning and Development, stated that this ordinance was a result of the Council’s direction to staff at the last work session. Council directed staff to notify property owners within the corridors as defined for entranceways and gateways and to conduct newspaper ads and to set a joint meeting between the Planning and Zoning Commission and the City Council. The following ordinance was considered: NO. 98-192 AN ORDINANCE AUTHORIZING A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL TO BE HELD ON AUGUST 4, 1998 PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 211.007(B) AT THE CITY COUNCIL CHAMBERS AT 7 O’CLOCK P.M. TO CONSIDER RECOMMENDATION AND ACTION UPON AN ORDINANCE CREATING A CORRIDOR OVERLAY DISTRICT; PRESCRIBING NOTICE OF THE JOINT MEETING PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 211.007(D) BY RUNNING NEWSPAPER AD AND MAILING NOTICE TO OWNERS WITHIN THE PROPOSED DEFINED CORRIDOR BOUNDARIES; AND PROVIDING FOR AN EFFECTIVE DATE. Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 34. The Council considered adoption of an ordinance of the City of Denton naming the activity stage at Fred Moore Park after C.H. Collins, and declaring an effective date. (Parks and Recreation Board recommended approval.) Mike Jez, Assistant City Manager for Operations, stated that this ordinance would name the activity stage at Fred Moore Park after C.H. Collins who was a long time coach and teacher with the Denton Independent School District. The back-up materials indicated how his name was selected for the stage. City of Denton City Council Minutes June 16, 1998 Page 18 The following ordinance was considered: NO. 98-193 AN ORDINANCE OF THE CITY OF DENTON NAMING THE ACTIVITY STAGE AT FRED MOORE PARK AFTER C.H. COLLINS, AND DECLARING AN EFFECTIVE DATE. (PARKS AND RECREATION BOARD RECOMMENDED APPROVAL.) Young motioned, Durrance seconded to approve the resolution. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 35. The Council considered approval of a resolution canceling the regular City Council meeting of July 7, 1998, and the City Council work sessions of June 23, 1998 and July 14, 1998. The following resolution was considered: NO. R98-031 A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING OF JULY 7, 1998, AND THE CITY COUNCIL WORK SESSIONS OF JUNE 23, 1998 AND JULY 14, 1998. Young motioned, Beasley seconded to approve the resolution. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 36. The Council received a report and considered a recommendation from the Oversight Committee. Rick Svehla, Deputy City Manager, stated that three projects were recommended by the Oversight Committee. Those projects were the signal improvements at Jason and Londonderry, the median cut for the Southridge Center back entrance/entrance to the Morning Star Extended Care Facility and the improvements to the apron at the Municipal Airport. Beasley motioned, Young seconded to approve the recommendations. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 37. The Council considered appointments to the City Council committees. Ted Benavides, City Manager, stated that there were several committees that needed replacements and a new committee was being formed for environmental issues. The Council made the following recommendations Agenda Committee – Mayor Pro Tem Beasley City of Denton City Council Minutes June 16, 1998 Page 19 Audit Committee – Council Member Burroughs Investment Policy Committee – Council Member Kristoferson Municipal Court Adv. Committee – Council Members Durrance, Kristoferson and Young Vision For Denton – Mayor Pro Tem Beasley, Council Member Burroughs Lalor Fund Committee – Mayor Pro Tem Beasley, Council Members Young and Cochran Community Justice Council – Council Member Durrance Lake Ray Roberts P&Z – Council Member Young Convention & Visitors Bureau – Mayor Pro Tem Beasley Joint Tax Abatement Committee – Held for next meeting Environmental Issues Committee – Held for future meeting 38. The Council considered approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. Beasley motioned to nominate David Fowler, Assistant Chief of Police for the City of Lewisville, as a member of the Board of Managers of the Denco Area 9-1-1 District. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 39. The Council considered nominations and appointments to the City’s Board and Commissions. The Council made various nominations as indicated in the handout located in the agenda back-up materials. 40. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 41. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Durrance requested a work session item regarding a citizen’s liaison committee and appointment of Council Members to an Environmental Services Committee and how that committee would interact with other committees within the City. B. Council Member Kristoferson requested staff to research and develop a plan development overlay district with the assistance of Terry Morgan and Associates to address the unique considerations of the planned development districts present to the city. Included in the information would be the costs and time necessary to complete this item or preliminary assessment of vacant zoned land within and outside the approved planned developments, any options that might be available as opposed to planned development overlay districts and an assessment of the completion of time if these issues were addressed during the comprehensive plan process. Mayor Miller suggested presenting the subject matter at a work session to see if the entire Council wanted to proceed with such an item. City of Denton City Council Minutes June 16, 1998 Page 20 42. The Council did not meet in a continuation of the Closed Meeting under Sections 551- 071–551.085 of the Texas Open Meetings Act. 43. There was no official action taken on Closed Meeting items held under Section 551-071– 551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 12:00 midnight. _________________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS