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Minutes September 15, 1998CITY OF DENTON CITY COUNCIL M1NUTES September 15, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, September 15, 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. 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, September 15, 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 and flags. 2. The Council considered approval of the minutes of June 2, 1998. Beasley motioned, Burroughs seconded to approve the minutes as presented. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. PRESENTATIONS/AWARDS 3. Proclamations Mayor Miller presented proclamations for National Rehabilitation Awareness Week and Constitution Week. CITIZEN REPORTS 4. The Council received a report from Roland Wade regarding disabilities, ADA and their cohesiveness with City code. Mr. Wade stated he represented the National Association of Persons with Disabilities. He would like to work with the City on the ability to get to the City Council meetings in order to make their needs and concerns known to the Council. He suggested extending the hours of transportation services City of Denton City Council Minutes September 15, 1998 Page 2 with SPAN in order to meet those needs. Taxicabs in Denton should be forced to have wheelchair lifts. Persons with disabilities were limited by transportation, no access to buildings, individuals who parked on sidewalks, and handicapped curb cuts not being done. Trees and bushes were not removed and hampered use of the sidewalks. There were things he should not have to suffer because of limitations with the City. Housing was another issue and he suggested the City change codes to be in line with the ADA requirements. Builders needed to address the needs of the handicapped when building new homes as well as new apartments. 5. The Council received a report from Bill Enlow regarding water and sewer service to his annexed property north of Denton. Mr. Enlow stated that he had sent a letter to Council requesting water and sewer services to his property that was annexed into the City several years ago. The area was taken into Denton to protect and beautify the entranceway to Denton. If Denton wanted to control the area through zoning, then it had an obligation to provide basic City services in the area. The current master plan did not show any plans to serve this part of the City. There was a provision of the Local Government Code that a service plan had to provide for the extension of full municipal services before the first notification of public hearing for annexation. To his knowledge, this had not been followed in relation to his property. He requested water and sewer service to his property. 6. The Council received a report from Ross Melton, Jr. regarding "principle(s)-not!" Mr. Melton stated that he had been writing letters to the City with no answer. He felt that none of the country was running on principles and that the Council and attorneys were unprincipled. He felt that the only people with principles were terrorists as they said what they were going to do and did it. He asked the Council to examine whether they were acting according to principles as shown in the Bill of Rights, to declare positions and act on them and to have open discussions of the Council. NOISE EXCEPTIONS 7. The Council considered a request for an exception to the noise ordinance for the "Friends of Nette Schultz Park" for a neighborhood picnic on Sunday, September 20th, from 4:00 p.m. to 8:00 p.m. Young motioned, Beasley seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 8. The Council considered a request for an exception to the noise ordinance for the City of Denton employees for their annual picnic on Sunday, September 20th, from 11:00 a.m. to 2:00 p.m. Beasley motioned, Cochran seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. CONSENT AGENDA City of Denton City Council Minutes September 15, 1998 Page 3 Council Member Young asked for separate discussions on Items # 12, # 13, # 14, and # 15. Council Member Cochran requested individual consideration for Items # 12, # 16, and #20. Council Member Young asked when the project for Item #13 would start and the areas for work. Rick Svehla, Deputy City Manager, stated that these would be culverts for Lakey and Bradshaw Streets. Both were connected to the Robertson Street channel project. If approved, the contractor would begin work as soon as possible with a projected completion date of May. Door hangers and ads in the paper had notified residents of the project. Council Member Young asked about the project for Item #14. Jill Jordan, Director of Water/Wastewater, stated that the Cleveland Street line had a number of problems. Work would begin the first week in November and would take about 30 days to complete. A neighborhood meeting had been held plus door hangers were placed on homes notifying the residents of the project. Council Member Young asked about the sidewalks associated with Item #15. Rick Svehla, Deputy City Manager, stated that there would be 2,000 feet of sidewalks on a number of streets in southeast Denton. Neighborhood meetings had been held in southeast Denton asking the residents for preferences on location. Work would start after approved of the bid and be completed sometime in mid-November. Young motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances with the exception of Items #12, #16 and #20. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 9. NO. 98-271 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A PURCHASE ORDER BETWEEN THE CITY OF DENTON AND COVEY LEADERSHIP CENTER; PROVIDING FOR AN INCREASE IN THE PURCHASE ORDER PRICE AND PROVIDING AN EFFECTIVE DATE. (PO #80864 TO COVEY LEADERSHIP CENTER CHANGE ORDER #2 IN THE AMOUNT OF $6,000.00) 10. NO. 98-272 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A LEASE AGREEMENT FOR PC'S, MONITORS AND PERIPHERAL EQUIPMENT RELATED TO THE POLICE/FIRE DEPARTMENT MANAGEMENT iNFORMATION SYSTEM PHASE II BETWEEN THE CITY OF DENTON AND IBM CREDIT CORPORATION; PROVIDING FOR AN INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (RFSP #1738 - MANAGEMENT iNFORMATION SYSTEM (MIS) CHANGE ORDER #2 FOR PHASE II City of Demon City Council Minutes September 15, 1998 Page 4 iN THE AMOUNT OF $93,798.00 OR $31,266.00 ANNUALLY) 11 NO. 98-273 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A LEASE AGREEMENT FOR PC'S, MONITORS, AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS AND AN INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (LEASE #2045 TO IBM CORPORATION CHANGE ORDER #2 IN THE AMOUNT OF $20,469.00 OR $6,823.00 ANNUALLY) 13. NO. 98-275 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR LAKEY AND BRADSHAW CULVERT IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2249 - LAKEY AND BRADSHAW STREETS CULVERT IMPROVEMENTS AWARDED TO MIKE ALBERT, INC. IN THE AMOUNT OF $543,602.00) 14. NO. 98-276 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR CLEVELAND STREET 6"X8" TRENCI-ILESS SANITARY SEWER REHABILITATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2253 - CLEVELAND STREET 6" AND 8" SANITARY SEWER TRENCI-ILESS REHABILITATION AWARDED TO CALVERT PAVING IN THE AMOUNT OF $64,868.10) 15. NO. 98-277 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR SOUTHEAST DENTON SIDEWALK IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2254 - SOUTHEAST DENTON SIDEWALK IMPROVEMENTS AWARDED TO CALVERT PAVING IN THE AMOUNT OF $92,596.20) 17. NO. 98-279 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF PECAN CREEK 30-INCH SANITARY SEWER CROSSING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Demon City Council Minutes September 15, 1998 Page 5 (BID #2257 - PECAN CREEK SEWER CROSSING AWARDED TO CALVERT PAVING IN THE AMOUNT OF $61,309.60) 18. NO. 98-280 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND CROSSTEX ENERGY SERVICES INC. AS WELL AS ENERGY UNLIMITED INC. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2258 -NATURAL GAS AWARDED TO CROSSTEX ENERGY SERVICES INC. AND ENERGY UNLIMITED INC.) 19. NO. 98-281 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC AWARDS CONTRACT FOR A BORE AND INSTALLATION OF 18" CASING AND CONDUIT ON LOOP 288; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2262 - BORE AND INSTALLATION OF 18" CASING AND CONDUIT LOOP 288 AWARDED TO DICKERSON CONSTRUCTION IN THE AMOUNT OF $16,800.00) 21 NO. 98-283 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #87361 TO AUSTIN WOOD RECYCLING IN THE AMOUNT OF $28,500.00) 22. NO. 98-284 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PO #87876 TO CITY PUBLIC SERVICES OF SAN ANTONIO, PO #87877 TO CENTRAL POWER & LIGHT CO., PO #87878 TO TEXAS UTILITIES ELECTRIC CO., AND PO #87879 TO HOUSTON LIGHTING AND POWER IN THE TOTAL AMOUNT OF $1,268,822.25) 23. NO. 98-285 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF DISTRIBUTION TRANSFORMERS; City of Demon City Council Minutes September 15, 1998 Page 6 PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2259 - DISTRIBUTION TRANSFORMERS AWARDED TO WESCO FOR ITEM #1 FOR A TOTAL AMOUNT OF $18,032.00 AND ITEM #2 AWARDED TO PAUWELS/PREFERRED SALES FOR $13,062.00) 24. NO. 98-286 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PRECAST MANHOLES AND ACCESSORIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2261 - PRECAST MANHOLES AND ACCESSORIES AWARDED TO OLDCASTLE PRECAST) 25. NO. 98-287 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE ANNUAL PRICE AGREEMENT FOR #2 CABLE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2264 - ANNUAL PRICE AGREEMENT FOR #2 CABLE AWARDED TO BICC CABLES FOR AN ANNUAL ESTIMATED EXPENDITURE OF $148,604.00) 26. NO. 98-288 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR AN ANNUAL PRICE AGREEMENT FOR CONCRETE UTILITY POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2265 - CONCRETE UTILITY POLES AWARDED TO LONESTAR PRESTRESS) 27. NO. 98-289 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FOUR (4) THIRTY-YARD SELF-CONTAINED ROLL-OFF COMPACTORS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2267 - 30 CUBIC YARD SELF-CONTAINED ROLL-OFF COMPACTORS AWARDED TO GALBREATH INC. IN THE AMOUNT OF $9,475.00 EACH, TOTAL AWARD OF $37,900.00) 28. NO. 98-290 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RENTAL OF SPECIFIC HEAVY EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2268 - RENTAL OF HEAVY EQUIPMENT AWARDED TO TKO EQUIPMENT IN THE AMOUNT OF $70,450.00) City of Denton City Council Minutes September 15, 1998 Page 7 29. NO. 98-291 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT TO UPGRADE THE CITY HALL EAST AND CITY HALL TELEPHONE SWITCHES 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. (PO #87764 - GTE IN THE AMOUNT OF $50,133.59) 30. NO. 98-292 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF MOBILE DATA COMPUTERS 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. (PO #88030 - INTEGRATED COMPUTER SYSTEMS, INC. IN THE AMOUNT OF $112,336.00) 31. NO. 98-293 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 98-124 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 32. NO. R98-051 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. PUBLIC HEARINGS 33. The Council held a public hearing and considered rezoning 58.351 acres from an Agriculture (A) zoning district to a Single Family residential (SF-7) zoning district. This property was legally described as part of Tract 6, Abstract No. 1018 of the Eli Pickett Survey and was located on the west side of FM 2181 (Teasley Lane), approximately 1000' south of Robinson Road, between Ryan Rd. and Hickory Creek Rd., in the City of Denton, Denton County, Texas. The proposal was to develop a single-family subdivision. (The Planning and Zoning Commission recommended approval 5-0 with conditions.) (Z-98-035) Dave Hill, Director of Planning and Development, stated that the property was located on the west side of Teasley Lane, approximately 1000 feet south of Robinson Road. The proposal was to rezone City of Denton City Council Minutes September 15, 1998 Page 8 the property from agricultural to single-family conditioned. The Planning and Zoning Commission recommended approval of the request with conditions. The property was unplatted and would require sewer, road and sidewalk improvements. Of the eight responses received, five were in opposition. The 20% rule was in effect due to those responses. A neighborhood meeting was held with six residents attending. On August 6th, one letter of opposition was withdrawn but the 20% rule was still in effect. Conditions imposed by the Planning and Zoning Commission by were (1) individual lots on the southern property boundary would have to be a minimum of 10,000 square foot lots and the reminding lots could not be less than 7,000 square feet; (2) a six foot fence of steel and masonry poles would be constructed on the northern and southern boundaries. He reviewed the development contribution of the proposal to traffic mitigation in the area. Staff was concerned with traffic impacts but could not specifically determine the impact at this point in time. Several improvements would be required before homes would be built in the area. Council Member Cochran asked about the number of trips generated with the development. He asked if there was a distinction made in the low intensity area for different size lots. Hill stated that the lot size was not used for proportional trips. Regardless of the size of the lots, a single-family lot would generate a certain number of trips. Council Member Burroughs asked what were the expansion plans for Teasley Lane and how would that be handled. Hill stated that this was a State road and at this point in time, no improvements were programmed for this road. A cumulative traffic analysis for development in the future would help with the traffic analysis. Intersection improvements were programmed and would assist with the capacity of the road whether it was widened or not. Mayor Pro Tem Beasley stated that the analysis of the proposal with the Denton Development Plan indicated that it was somewhat inconsistent with land use diversity as the intersection of Teasley and Ryan or Hickory Creek would be better suited for retail uses. Hill stated that there was a mistaken impression that there was a moderate intensity area allocated in the vicinity of this site. Mayor Pro Tem Beasley asked if the condition in the motion from the Planning and Zoning Commission included two rows of 10,000 square foot lots or one row. Hill stated that any lot abutting the southern property line would have to be 10,000 square feet. Council Member Cochran stated that the minutes indicated two rows of 10,000 square foot lots. Hill stated that the motion included two rows of a minimum of 10,000 square foot lots. Two traffic counts were done with a count of 8,000 one day and 7,200 the second day. There appeared to be incoming traffic from Corinth to the elementary school. The Mayor opened the public hearing. City of Denton City Council Minutes September 15, 1998 Page 9 Warren Corwin stated that when they first started the project they met with staff and it was concluded that a SF-7 request would meet the appropriate needs set by the City. He reviewed the zoning in the surrounding area. After submitting their formal application and letters of notice were sent out, letters of opposition were received from people to the south of the proposal. Based on that opposition, a neighborhood meeting was held. They felt the public concerns were addressed with the two rows of 10,000 square foot lots. He offered to help accommodate anything staff felt would assist with the traffic in the area. There would be a collector street through the site on the southern boundary. Staff would prefer to have the street higher in the location so as to be more beneficial to the City. Council Member Cochran asked about the number of units. Corwin stated that the range was between 210 and 215 lots with larger lots included. Council Member Young asked about park dedication. Corwin stated that staff felt that due to the size of the tract that the City would want money in lieu of land. Dick Stewart stated that he was in opposition to the proposal. His property was just north of the proposal. SF-7 would provide the most financial benefit for the developer but would not be beneficial for the City of Denton. Most of the property was going to be zoned SF-7. He felt there would be 2 adults, 2 children and 2 cars per household that would generate many trips per day in the area. The dividing line for drainage would be his property. The drainage went to the south in that area. He suggested re-looking at this area and determine what would be best for the City of Denton. He would like to see SF-7 limited to 25% of the area. All other zoning should be at least SF-10 or above. He suggested looking at the infrastructure needs that the increase in development would require. Ginny Watts asked that Council travel that area and see all of the homes that were going to be built in the area. There was not enough space in the present school to accommodate all of the children in the new developments and new schools were needed. Council needed to say no to these types of developments. There currently was a business on the property that offered to purchase the property. The developers offered the owners more and they sold to the current developers. There was a need to draw the line on more residential development in the area. The developers did not offer land for schools or parks. Debra Drayovitch stated that over the past several years the Council had authorized the construction of over 2,400 residential lots in the City that would add approximately 3,000 students to the school district. A significant portion of the lots was in south Denton. The traffic and congestion of these additional homes would be very significant. Her concerns included traffic, the impact on the schools and the impact on quality economic development. The State constitution set the limit on the amount of taxes a school could charge. The Denton school district was close to the cap for operation and maintenance. Even if the DISD constructed additional schools, there would be no funds to staff or maintain those schools. Another impact would be the need for additional infrastructure improvements. Large quality corporations look for quality schools and a low tax rate when relocating to cities. Densities of this kind would not provide that. She asked Council to plan growth and deny the proposal. City of Denton City Council Minutes September 15, 1998 Page 10 Mayor Miller stated that Claudia Birden had submitted a speaker card in opposition. The petitioner was allowed a 5-minute rebuttal. Corwin indicated that Denton had done a master plan for development. In that master plan Highway 2181 would be a major thoroughfare. He felt that the city would not want large estate lots on a major thoroughfare. This area would be highly developed. The driving force to creating business was residential homes with businesses following. If the City were shutting the doors with no further development, businesses would not be willing to relocate in Denton. The Mayor closed the public hearing. Council Member Burroughs stated that his decisions on zoning cases included what was shown on the Development Plan, the best use of the property, the direct impact on the locality and the impact on the entire city. A balance of the rights of individuals to use their property as could be best determined versus the greater public good was needed. The Acme Brick property along the property line would not allow for larger homes. He felt there was not a better use for this tract of land. The health of the community was established by growth and that did not mean just industrial growth. This was not a large development and was consistent with the Plan. Burroughs motioned, Young seconded to adopt the ordinance with the conditions imposed by the Planning and Zoning Commission. Council Member Cochran stated that he would not be voting in favor of the motion. When a development negatively impacted an area in a cumulative manner, there was a need to deny that type of development. Council Member Kristoferson stated that this zoning case was important to the development of the City. She had the opportunity to attend the Denia Neighborhood Association meeting. Their concerns were potholes, paving streets, drainage improvements and safety to neighborhood residents. A status report from City departments indicated 17 future projects that were not even started. She felt denial of the proposal was reasonable and she could not support the motion. Council Member Young stated that it was understood that Denton was going to grow and that housing would be needed for that growth. This Council had a drive to stop growth. This was a violation of constitutional rights by not allowing developers to do what they wanted to do with their property. The proposal created diversity in the housing market. TxDot would eventually widen Highway 2181 to help with the traffic situation in the area. The Council needed to consider the lower income people and their needs for housing. The last three developments before the Council had been denied. This Council was antigrowth and antidevelopment. Mayor Miller felt that this would be a good development for the area. In the past several years, the growth of the DISD was from outside the City limits. Development could be stopped but there would still be traffic and traffic problems in the area. If the Council wanted roads to lead development, a major philosophical shift would have to take place. He agreed that not everyone could afford a large home and not everyone wanted a large lot to maintain. There was a demand in the community for smaller homes and smaller lots. He felt other members were trying to make Denton an elitist community. He felt investment followed residential development and that the Council was trying to deny a reality of the situation of development. City of Denton City Council Minutes September 15, 1998 Page 11 Council Member Durrance felt a challenge to the City was management of growth. It was not a matter of development but what was needed and how to manage what developed. This illustrated the need for a comprehensive plan. Council had pledged a cooperative effort with the DISD for development. This was a quality of life issue. Mayor Pro Tem Beasley stated that considering the number of lots on that particular piece of highway and the comments of citizens and fellow council members, it was time to say no to development. Council Member Kristoferson called the question. Young motioned, Burroughs seconded to delay consideration in order to give the developer time to meet with the opposition to work out their differences. On roll vote, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion failed with a 3-4 vote. On roll vote of original motion to approve, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion failed with a 3-4 vote. 34. The Council held a public hearing and considered rezoning 18.008 acres from PD-104 zoning district to an Agriculture (A) and Office (O) zoning district. This property was legally described as part of Tracts 5 and 6, Abstract No. 900 of the T. Martin Survey and was located on the southeast corner of Hobson Rd. and Hwy. 1830 (Country Club Rd.), in the City of Denton, Denton County, Texas. The proposal was to develop three large single-family lots with offices on the corner lot. (The Planning and Zoning Commission recommended approval 5-0 with conditions.) (Z-98-038, Davis Oaks) Mayor Pro Tem Beasley left the meeting with a potential conflict of interest. She legally did not have to leave but felt it would be in the best interest to do so. Dave Hill, Director of Planning and Development, stated that the requested action was to rezone the property from PD-104 to agriculture and office zoning. The property was located on Hobson and Country Club Road. The proposed use was for three large single-family lots with office zoning on the corner lot. The Planning and Zoning Commission recommended approval with conditions. All three residential lots would be zoned agricultural with a minimum of one-acre lots. The office property would be subject to the conditions listed in the back-up materials. One condition was that the exterior walls had to be not less than 70% brick or masonry materials. The frontage of the structure would be 100% masonry with the entire structure no less than 70% masonry. Twenty-two property owners were notified of the proposal with four responses returned. Two were neutral on the subject and two were in opposition with the 20% rule not in effect. A neighborhood meeting was held August 19th with no one attending. The Mayor opened the public hearing. No one spoke during the public hearing. City of Denton City Council Minutes September 15, 1998 Page 12 The Mayor closed the public hearing. The following ordinance was considered: NO. 98-294 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PD-104 ZONING DISTRICT CLASSIFICATION TO AGRICULTURE (A) AND OFFICE (O) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR 18.008 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF HOBSON LANE AND F.M. 1830 (COUNTRY CLUB ROAD); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Kristoferson seconded to adopt the ordinance with conditions. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 35. The Council held a public hearing and considered a request for a Specific Use Permit to allow a retail building greater than 4,000 square feet in an area within a Neighborhood Services zoning district. The 0.426-acre tract was located west of Locust Street, approximately 100 feet south of University Drive. A retail store and pharmacy was proposed. (The Planning and Zoning Commission recommended approval 4-1 .) Dave Hill, Director of Planning and Development, stated that this project was located on University Drive with frontage on both Elm and Locust. The request was for a specific use permit for a building greater than 4,000 square feet in a neighborhood service district. Part of the building would intrude into the neighborhood services property. This property was located within a moderate activity center and the proposed specific use was consistent with a moderate activity center. There were seven criteria needed for compliance in order to grant a specific use permit. The conclusion of the staff and the recommendation by the Planning and Zoning Commission was that the seven criteria had been met by the applicant. No neighborhood meeting had been held. The 20% rule did not apply. If approved, the specific use permit would complete the zoning process. A preliminary plat was approved on June 24th. Public improvements included the dedication of a six foot right-of-way on Locust Street, construction of sidewalks on street frontages, a fire hydrant at the corner of Locust and University and the dedication of easements. A variance had been obtained from the Traffic Safety Commission regarding a curb cut on North Elm. A monarch tree nomination review was done by the Planning and Zoning Commission. It declined to nominate the proposed trees. There were several structures of low or moderate historic significance that would be removed. Council Member Cochran questioned the trip generation number. Hill stated that that was based on moderate activity centers for the Denton Development Plan and not for the use of a Walgreen' s. Council Member Cochran stated that there were several sets of standards for similar projects. There was a standard figure used for offices that was from the Engineering Department. City of Denton City Council Minutes September 15, 1998 Page 13 Hill stated that there were some very long discussions regarding the traffic impact with the proposal. The existing number of curb cuts would be reduced from ten to three. The Development Review Committee did not find the trip generation figure out of line with the traffic pattern. Council Member Cochran asked if the curb cut on University was consistent with regulations to distance to corners etc. and had there been any variances on that. Rick Svehla, Deputy City Manager, stated that that was the variance that was granted by the Traffic Safety Commission. Council Member Cochran asked how much that varied from what would have been permitted. Svehla replied that the distance from intersections on major arterials was 250 feet from the intersection. Council Member Cochran asked why general retail was not requested for the proposal. Hill stated that the specific use permit required enough information for a site plan review. The General Retail designation would be too open. The 350 trips per acre were the maximum number of trips permitted for a moderate activity center. The 355 trips per acre came from the trip generation estimates from the engineering standards. The Mayor opened the public hearing. The following individuals spoke regarding the proposal: Chris Job, - favor Bob Ginsberg - favor Owen Yost, 9516 Coyote, Denton, 7608 - neutral Tom Edmondson, 2228 Crestmeadow, Denton, 76207 - opposition Suzanne Fritz, 410 Fritz Lane, Shady Shores, 76208 - opposition Nance Ustick, 104 East Brown Terrace, Shady Shores, 76208 - opposition Mayor Miller stated that the following individuals had submitted a speaker card but did not wish to address the Council: Don Barnes, 1835 N. Locust, Denton, 76201 - favor Boero Silvia, Genova, Italy - opposition Gladys Drake, 2525 Lillian Miller Parkway, Denton, 76205 - opposition Stacey Anderson, 621 Colt, Denton, 76201 -opposition Vaneaas Chambless, 256 E. Corporate Dr., Lewisville, 76267 - opposition Mildred Hawk, 614 Collins, Denton 76201 - opposition Karen Smith, 1740 Bishop Lane, Argyle, 76226 - opposition Mary Evelyn Blagg-Huey, 2801 Longfellow, Denton, 76201 - opposition Marcy Campos, 2100 Spencer Rod, Denton, 76205 - opposition Tracey Oberbacher, 133- Panhandle, Denton, 76201 - opposition City of Denton City Council Minutes September 15, 1998 Page 14 Dian Carter, 1410 Lindsey, Denton, 76205 - opposition Tara Rowlands, UNT P.O. Box 306500, Denton, 76203 - opposition Michelle McCoy, 218 Avenue E, Denton, 76201 - opposition Kathy Gutely, 3044 Oakshire, Denton, 76201 - opposition Emily Rooker, 620 A North Austin St., Denton, 76201 - opposition Steve Pierson, 610 Austin, Denton, 76201 -opposition Beth Klein, 610 Austin, Denton, 76201 -opposition Amber Pearson, 1016 W. Mulberry, Denton, 76201 - opposition Steve Windhager, 3300 Cactus Circle, Denton, 76201 - opposition Richard Tarver, 111 Mill Pond Road, Denton, 76201 - opposition Jana Lockett, 816 N. Bell, Denton 76201 - opposition Lockadee Newland, 3053 N. Trinity Road, Denton, 76208 - opposition Juanita Watkins, 17 Hidden Valley, Denton, 76208 - opposition Adelene Martin, 1812 Westchester, Denton, 76201 - opposition Natalie Newton Massengale, 3701 E. McKinney, Denton, 76208 -opposition Delores Meador 924 Manhattan, Denton, 76201 - opposition Gene Franks, 516 Chisholm Trail, Denton, 76201 - opposition Pruitt Davis, 513 Leatherwood Lane, Denton 76205 - opposition Paul Tanis, 2512 Craig Lane, Denton, 76201 - opposition Gail Wesson, 808 Kings Row, Denton, 76201 - opposition Suzann Buckley, 2421 E. Windsor, Denton, 76201 -opposition Eduardo Alvarado, 521 E. Windsor, Denton, 76201 - opposition Dan Fedorisko, 1127 Vine Street, Denton, 76201 - opposition Linda Marsh, 1113 Hipe Street, Denton, 76201 - opposition Nancy Collins, 4516 Coyote, Denton, 76208 - opposition Sherril Johnson, 701 Mulberry, Denton, 76201 -opposition Natalie Harris Harner, 605 Juno, Denton, 76201 - opposition Deane Peters, 816 Windsor, Denton, 76201 - opposition Glenda Peters, 816 Windsor, Denton, 76201 - opposition Sharon Small, 104 Brown Terrace, Denton, 76208 - opposition Rachel Main, 2103 North Elm, Denton, 76201 -opposition Sylvia Hernandez, 617 Woodland, Denton, 76201 - opposition Erin Hamilton, 203 Third Street, Denton, 76201 -opposition Chris Tompkins, 916 Westway, Denton, 76201 - opposition Ronnie & Kim Truelove, 6505 Shiloh, Denton, 76208 - opposition Linda McNatt, Rt. 2, Box 632B, Denton, 76298 - opposition Roy Harris, 718 Ridgecrest, Denton, 76205- opposition Barbara Turley, 2548 Natchez Trace, Denton, 76205 - opposition Elizabeth Deering, 2408 Green Oaks, Denton, 76201 - opposition Dianne Lura, 1308 Larla Lane, Lv, 75077 - opposition Jessica Morris, 3805 Lakeside, Rowlett, 75088 -opposition Colleen Kelly, 130 Blackjack road, Valley View, 76272 - opposition Laura Hanson, 2498 Co. Rd. 2224, Decatur, 76234 - opposition Marla Hand, 713 W. 2nd, Justin, 76247- opposition Angela Fuller, P.O. Box 128, Slidell - opposition John McRae, Rt. 1, Ponder, 76259 - opposition City of Denton City Council Minutes September 15, 1998 Page 15 Bruce Moore Arledge, 1200 Historic Lane, Aubrey, 76227 - opposition Sue Beall Shaffer, 120 F. M. 1830, argyle, 76226 - opposition Samuel Haynes, P.O. Box 702, Justin, 76247 - opposition Kathleen Bransford, 308 Fairlane, Pilot Point, 76258- opposition Barbara Looper, 322 Mobberly Road, Pilot Point, 76258 - opposition Janice Freeman, Rt. 5, Box 1310, Sanger, 76266- opposition Michael Lindley, 527 N. Elm, Denton, 76201 - opposition Patricia Wooten, 2916 Bristol, Denton, 76201 - opposition Malley & Katie Underwood, 1013 Edinburg Lane, Denton, 76201 - opposition Amy Cherrnaey, 909 Chasewood, Denton, 76205 - opposition Misty and Jon Kitchens, 608 IOOF, Denton, 76201 - opposition Gregory Small, 104 E. Brown Terrace, Denton, 76208 - opposition Sam Atkinson, P.O. Box 308882, Denton, 76203 - opposition Bob Fritt, 715 N. Elm, Denton 76201 - opposition Meredith Byrne, 711 W. Oak, Denton, 76201 -opposition Pye Teselle, 1818 Maid Marian, Denton, 76201 - opposition Matthew Byrne, 711 W. Oak, Denton 76201 - opposition The petitioner was allowed a five-minute rebuttal. Mr. Job stated that the trees on the property were not designated as monarch trees. If the Planning Department set forth landscaping requirements and the proposal met and exceeded those requirements, where had the development failed. When he offered to donate trees to the city under no obligation to do so, where had he failed. They were trying to save two live oaks on the site. What was being developed was far better than what was being lost. The Mayor closed the public hearing. Mayor Pro Tem Beasley stated that she had been watching this proposal all through the development stages. This area did not have landscaping in the businesses. In the past few years, it had started to be improved. The new landscape ordinance had a much higher greenery requirement. What currently was there was bad. Some nice trees on the site would be lost and several homes, but what would be gained would be better looking than what was currently there. The traffic pattern would be much improved. With the conditions placed on the specific use permit, all conditions for the permit were met. Beasley motioned, Young seconded to approve the specific use permit. Council Member Cochran stated that while the closed buildings on University at the site were not attractive, if Walgreen's did not build on the site, it would not stay that way forever. Something would build there and if the specific use permit was denied, they could still build there. The project could be redesigned so as to not need a specific use permit. Many people in the community felt they were being penalized due to the competition of the two businesses. He felt excellent issues were brought up in regards to the trees and the historic homes. This was an issue of neighborhood preservation. He felt that all the conditions for the specific use permit had not been met. This development would upset the character of the neighborhood. The whole issue was sensitivity to the community. City of Denton City Council Minutes September 15, 1998 Page 16 Council Member Young felt this was a good development. It would beautify the area, landscape the area, put people to work, and traffic would be better. Competition was good for the citizens and good for Denton. The proposal had met all of the criteria for the development. Council Member Burroughs felt that the most significant problem was the trees. The trees nominated for monarch status were undesignated so they did not enter into the equation plus the plan indicated which trees would be preserved. He felt this was a far superior use than the current use. Council Member Durrance felt that there were viable beneficial alternatives to this development. Other cities had changed areas such as currently was seen on University Drive and this could be done in Denton. Several factors had not been addressed. The Highway 380 reconstruction would widen the road to six lanes. This was an opportunity to make this area a success. He felt the building could be moved and the trees could be saved. He indicated that he would vote against the motion as he felt there were better alternatives available. If denied, Walgreen's could go back to the drawing board and present a better plan to preserve the trees and provide a much more walkable area and be more consistent with the policies in effect. Mayor Miller felt that the proposal met all the conditions for a specific use permit and would be a benefit to the community. Mayor Pro Tem Beasley called the question. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried with a 5-2 vote. Council returned to the Consent Agenda items. 12. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of a public works contract for Research Parkway/Woodrow Lane improvements; Research Parkway water/sewer improvements; providing for the expenditure of funds therefore; and providing an effective date. (Bid #2248 - Research Parkway/Woodrow Lane improvements; Research Parkway water and sewer improvements; awarded to JRJ Paving Inc. in the amount of $957,575.60) Council Member Cochran stated that he wanted a separate vote on this item as it was a controversial issue and he did not intend to vote for it. He asked for a brief summary of the project. Rick Svehla, Deputy City Manager, stated that this project would be a four lane divided roadway starting at the intersection of Woodrow Lane and Shady Oaks Drive. The intersection would be expanded to accommodate turn lanes. The following ordinance was considered: NO. 98-274 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR RESEARCH City of Denton City Council Minutes September 15, 1998 Page 17 PARKWAY/WOODROW LANE IMPROVEMENTS; RESEARCH PARKWAY WATER/SEWER IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2248 - RESEARCH PARKWAY/WOODROW LANE IMPROVEMENTS; RESEARCH PARKWAY WATER AND SEWER IMPROVEMENTS; AWARDED TO JRJ PAVING INC. IN THE AMOUNT OF $957,575.60) Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. 16. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of a public works contract for offsite water and sewer utilities and lift station-Highway 380 improvements; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2255 - Highway 380 utility improvements-LaDelta Excavating Co. for $239,505.00) Council Member Cochran stated that he wanted public clarification on this issue. He asked what would be the infrastructure cost to the City for the United Copper plant. He questioned if others would also benefit from this project. Jill Jordan, Director of Water/Wastewater, stated that this project would open up additional frontage along the road that others could tie in to. This was part of the development plan line program in which businesses that had a net benefit were allowed to participate in the program. United Copper met those requirements. Revenues, property taxes and sales taxes were looked at over a five year period and using that, a net benefit of $347,000 was determined. The following ordinance was considered: NO. 98-278 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR OFFSITE WATER AND SEWER UTILITIES AND LIFT STATION-HIGHWAY 380 IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2255 - HIGHWAY 380 UTILITY IMPROVEMENTS AWARDED TO LADELTA EXCAVATING CO. IN THE AMOUNT OF $239,505.00) Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. 20. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of a public works contract for a bore and installation of 18" casing and conduit on University Drive west of Geesling; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2263 - Bore and Installation of 18" Casing and Conduit University Drive west of Geesling awarded to Dickerson Construction in the amount of $19,600.00) Council Member Cochran questioned if this was only for United Copper or would it help other City of Denton City Council Minutes September 15, 1998 Page 18 citizens as well. Sharon Mays, Director of Electric Utilities, stated that this would be dedicated only for United Copper. The following ordinance was considered: NO. 98-282 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR A BORE AND INSTALLATION OF 18" CASING AND CONDUIT ON UNIVERSITY DRIVE WEST OF GEESLING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2263 - BORE AND INSTALLATION OF 18" CASING AND CONDUIT UNIVERSITY DRIVE WEST OF GEESLING AWARDED TO DICKERSON CONSTRUCTION IN THE AMOUNT OF $19,600.00) Young 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. ITEMS FOR INDIVIDUAL CONSIDERATION 36. The Council considered approval of a resolution amending and replacing the current tax abatement policy of the City of Denton to establish guidelines and criteria governing tax abatement agreements; and declaring an effective date. Linda Ratliff, Economic Development Director, stated that the amendment to the current policy required a supermajority vote for approval. Durrance motioned, Burroughs seconded to approve the resolution. Council Member Young stated that he would be voting against the motion as raising the limit would eliminate any businesses interested in Denton. It also discriminated against smaller businesses. Council Member Cochran stated that he would be voting against the motion. Some criteria in the policy seemed to not have any performance measures. He would like to see language in the policy regarding art donations. He suggested that the length of the abatement should be tied to a contract with the Denton Municipal Utilities. He felt that there was too much reliance on the decisions of the Tax Abatement Committee on which the City did not have a majority vote. Others on the Committee had different agendas from the City. Council Member Burroughs stated that the City had had the policy for a number of years with only two applications - one approved and one withdrawn. Both easily qualified with the $10 million cap. This policy was far better than the current policy. Council Member Durrance stated that the review of this policy was started in October of last year. One issue the Committee had to deal with was how to best grant the abatement. Council had also City of Denton City Council Minutes September 15, 1998 Page 19 discussed this proposal in two work sessions. He felt the flexibility of the proposed amendment allowed for the attracting of the kinds of businesses needed in Denton. The proposed policy needed to be adopted to assist economic development in Denton. Mayor Miller stated that an abatement was a tool used to compete with other cities. If the proposed amendment was not passed, the current policy would have to be used until the year 2000. Mayor Pro Tem Beasley felt the amended policy was a much better policy than the current policy. It provided much more information about a company and the application form was better. She felt there should be a significant investment in the community before a tax abatement was granted. Council Member Young called the question. On roll vote to approve the resolution, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion failed with a 5-2 vote as a supermajority vote was required. 37. The Council considered adoption of an ordinance of the City of Denton, Texas extending eleven contracts between the City of Denton, Texas and the noted current recipients of Hotel Occupancy Tax ("HOT") funds; and prescribing an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that this ordinance would extend the eleven contracts that were for the current fiscal year. The extension would be until the end of the calendar year. The following ordinance was considered: NO. 98-295 AN ORDINANCE OF THE CITY OF DENTON, TEXAS EXTENDING ELEVEN CONTRACTS BETWEEN THE CITY OF DENTON, TEXAS AND THE NOTED CURRENT RECIPIENTS OF HOTEL OCCUPANCY TAX ("HOT") FUNDS; AND PRESCRIBING 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. 38. The Council considered adoption of an ordinance vacating certain public utility easement located on Lot 1, Block 1 of Londonderry Addition as recorded in the Plat Records of Denton County, Texas, at Cabinet F, Page 334; and providing for an effective date. (The Planning and Zoning Commission recommended approval 6-0.) The following ordinance was considered: NO. 98-296 City of Denton City Council Minutes September 15, 1998 Page 20 AN ORDINANCE VACATING CERTAIN PUBLIC UTILITY EASEMENT LOCATED ON LOT 1, BLOCK 1 OF LONDONDERRY ADDITION AS RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AT CAB1NET F, PAGE 334; AND PROVIDING FOR 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. 39. The Council considered adoption of an ordinance abandoning an 18-foot alley recorded in the Deed Records of Denton County, Texas at Volume 99, Page 230, located approximately 145 feet south of and parallel to West Prairie Street, between Pierce Street and South Carroll Boulevard; and providing for an effective date. (The Planning and Zoning Commission recommended approval 7-0.) The following ordinance was considered: NO. 98-297 AN ORDINANCE ABANDONING AN 18-FOOT ALLEY RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 99, PAGE 230, LOCATED APPROXIMATELY 145 FEET SOUTH OF AND PARALLEL TO WEST PRAIRIE STREET, BETWEEN PIERCE STREET AND SOUTH CARROLL BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley 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. 40. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Emory D. Groening, relating to the purchase of 0.075 acres of land for the expansion of U.S. Highway 77; authorizing the expenditure of funds therefore; and providing an effective date. (The Planning and Zoning Commission recommended approval 7-0.) The following ordinance was considered: NO. 98-298 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EMERY D. GREENING, RELATING TO THE PURCHASE OF 0.075 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77; 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". City of Denton City Council Minutes September 15, 1998 Page 21 Motion carried unanimously. 41. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Chapter 24 of the Code of Ordinances of the City of Denton regarding solid waste; amending Section 24-2 to provide a definition for "bulky household items"; amending Section 24-5 to prohibit the use of another's solid waste container without consent; amending Section 24-6 to provide standards for the proper disposal of solid waste in a solid waste container; providing for a severability clause; providing for a savings clause; providing for a penalty clause; providing an effective date; and providing for publication. The following ordinance was considered: NO. 98-299 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLID WASTE; AMENDING SECTION 24-2 TO PROVIDE A DEFINITION FOR "BULKY HOUSEHOLD ITEMS"; AMENDING SECTION 24-5 TO PROHIBIT THE USE OF ANOTHER'S SOLID WASTE CONTAINER WITHOUT CONSENT; AMENDING SECTION 24-6 TO PROVIDE STANDARDS FOR THE PROPER DISPOSAL OF SOLID WASTE IN A SOLID WASTE CONTAINER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. 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. 42. The Council considered adoption of an ordinance providing for the continuation of the P-L-U-S One Program to solicit charitable contributions through the Utility Department to help utility customers who are facing termination of services due to financial hardship, by the adoption of guidelines for the program; authorizing the City Manager to execute a contract with Interfaith Ministries of Denton, Inc. to administer the program; and providing for an effective date. The following ordinance was considered: NO. 98-300 AN ORDINANCE PROVIDING FOR THE CONTINUATION OF THE P-L-U-S ONE PROGRAM TO SOLICIT CHARITABLE CONTRIBUTIONS THROUGH THE UTILITY DEPARTMENT TO HELP UTILITY CUSTOMERS WHO ARE FACING TERMINATION OF SERVICES DUE TO FINANCIAL HARDSHIP, BY THE ADOPTION OF GUIDELINES FOR THE PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH INTERFAITH MINISTRIES OF DENTON, INC. TO ADMINISTER THE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes September 15, 1998 Page 22 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. 43. The Council considered adoption of an ordinance of the City of Denton, Texas adopting "Impact Fees" by amending Chapter 26 "Utilities" of the Code of Ordinances; establishing water and wastewater impact fees; providing for the assessment and collection of such impact fees; adopting a Capital Improvements Plan for impact fees; providing for the assessment and collection of such impact fees; providing for refunds of collected impact fees; repealing conflicting ordinances and resolutions; providing a severability clause, a penalty not to exceed $2000.00 for each violation and an effective date. Jill Jordan, Director of Water/Wastewater, stated that an outstanding question dealt with a payment program for the fees. Out of 14 cities surveyed, only one had such a program. The City of Austin had very detailed guidelines on who would qualify for such a program. Those qualifications included an owner-occupant when building a homestead and was not for developers or for a business. Income guidelines were less than $20,000 per year, a statement had be to submitted that it was a hardship to pay the entire amount at one time and allowed for a five year payout period. The legal fees, filing fees, etc. were added to the impact fee. There was a provision that if the fee was not paid, water service could be discontinued. The payment was set up as an annual payment and was not on the water bill. The following individuals spoke on this issue: Donald Silverman, 15935 Bent Tree Forest Circle, Dallas, 75248 - opposed Sands Harris, 5950 Berkshire, Dallas, 75225 - opposed Linnie McAdams, 1120 Kendolph, Denton, 76205 - opposed The following ordinance was considered: NO. 98-301 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING "IMPACT FEES" BY AMENDING CHAPTER 26 "UTILITIES" OF THE CODE OF ORDINANCES; ESTABLISHING WATER AND WASTEWATER IMPACT FEES; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF SUCH IMPACT FEES; ADOPTING A CAPITAL IMPROVEMENTS PLAN FOR IMPACT FEES; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF SUCH IMPACT FEES; PROVIDING FOR REFUNDS OF COLLECTED IMPACT FEES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE, A PENALTY NOT TO EXCEED $2000.00 FOR EACH VIOLATION AND AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to adopt the ordinance. Council Member Young felt that these fees were too hard on lower income people. The Council needed to stop and start again with this proposal. City of Denton City Council Minutes September 15, 1998 Page 23 Council Member Cochran stated that he was in favor of impact fees as they would take the burden off the ratepayer where it was now. The ratepayer had been paying the bill for needed improvements and the proposal would be saving money for every ratepayer in the City. This program would help with the building of non-profit housing in Denton. He offered a friendly amendment to include the payout option in the ordinance. Mayor Pro Tem Beasley stated she meant her motion to included that option. City Attorney Prouty stated that the staff had recommended removing the term "developer" and qualifying it as a homestead. The time frame for payout still needed to be determined. Council Member Kristoferson stated that she did not agree with the amendment and asked for a separate vote on the amendment. Cochran motioned, Young seconded to amend the motion to state "the owner of an owner-occupied single-family homestead housing unit" with a payout provision of five years and the five year average of the T-bill rate. On roll vote of the amendment, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "nay". Motion carried with a 4-3 vote. On roll vote of the main motion as amended, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6- 1 vote. 44. The Council considered approval of a resolution creating an Affordable Housing Impact Fee Grant Program. Kay Branum stated that if Council adopted this program she would urge them to find permanent funding for the program. The following resolution was considered: NO. R98-052 A RESOLUTION CREATING AN AFFORDABLE HOUSING IMPACT FEE GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Kristoferson 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. 45. The Council considered approval of a resolution supporting a grant to Keep Denton Beautiful from the Texas Forest Service. Dave Hill, Director of Planning and Development, stated that Texas Forest Service had awarded Keep Denton Beautiful a grant to digitize the existing tree survey information. This was a local in- City of Denton City Council Minutes September 15, 1998 Page 24 kind match grant. The following resolution was considered: NO. R98-053 A RESOLUTION SUPPORTING A GRANT TO KEEP DENTON BEAUTIFUL FROM THE TEXAS FOREST SERVICE. Kristoferson motioned, Cochran 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. 46. The Council considered adoption of an ordinance of the City of Denton, Texas, approving the 1998 tax rolls; and providing an effective date. This item was pulled from consideration. 47. The Council considered nominations and appointments to the City's Boards and Commissions. There were no nominations/appointments at this meeting. 48. Miscellaneous matters from the City Manager. City Manager Jez did not have any items for this meeting. 49. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young noted that there was a damaged manhole cover at 1813 Westminster. 50. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 51. There were 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 1:10 a.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS City of Demon City Council Minutes September 15, 1998 Page 25 JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS