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Minutes November 03, 1998CITY OF DENTON CITY COUNCIL MINUTES NOVEMBER 3, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, November 3, 1998 at 5:15 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 The Council considered the following in 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. B. Consultation with Attorney-Under TEX. GOV'T. CODE Sec. 551.071 1. Considered and discussed settlement in litigation styled El/erMedia Company v. Sign Board of Appeals of the City of Denton and the City of Denton, Texas, Case No. 98-50138-367 filed in the 367th District Court, Denton County. C. Deliberations regarding Real Property - Under TEX. GOV'T. CODE Sec. 551.072 1. Considered and discussed acquiring right-of-way for Scott Street sidewalks between Kerley Street and Morris Street in southeast Denton including the possibility of condemnation. The Council convened into a Regular Meeting on Tuesday, November 3, 1998 at 6:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PRESENTATIONS/AWARDS 2. Proclamations There were no proclamations presented at this meeting. City of Denton City Council Minutes November 3, 1998 Page 2 3. November Yard of the Month awards Mayor Miller presented the following individuals November Yard-of-the-Month awards: Brian and Pam Smithers Tim and Michelle Rinkevich Richard Thomas Russ and Lori Ellis Business - Longhorn Gallery Downtown Business - Locust Street Hair Station 4. Excellence in Procurement Award Mayor Miller introduced Bill Martin who presented the award to the City' s Purchasing Department. CITIZEN REPORTS 5. The Council received a report from Tom Silva regarding variances to impact fees. Mr. Silva stated that he was representing Deerwood Park Church. He asked that the Council revisit the impact fees imposed on residents and businesses in Denton. He had contacted other cities regarding impact fees and found that there were differences in other cities. He suggested grandfathering those projects in progress. Other cities did not have as high a rate as Denton had imposed. He also suggested a prayer before starting the council meetings. 6. The Council received a report from Margaret Tillman regarding rezoning an area that is in a 100- year flood plain. Ms. Tillman was not at the meeting. CONSENT AGENDA Cochran motioned, Burroughs seconded to approve the Consent Agenda and the accompanying ordinances and resolutions. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 7. NO. 98-356 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF GALVANIZED STEEL TRANSMISSION AND DISTRIBUTION LiNE STRUCTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2275 - GALVANIZED STEEL TRANSMISSION AND DISTRIBUTION LiNE STRUCTURES AWARDED TO VALMONT INDUSTRIES IN THE AMOUNT OF $89,887.00) City of Demon City Council Minutes November 3, 1998 Page 3 NO. 98-357 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RENOVATION OF DENTON CENTRAL FIRE STATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2280 - DENTON FIRE STATION RENOVATION AWARDED TO MERITT CONSTRUCTION, INC. IN THE AMOUNT OF $253,096.83) NO. 98-358 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TWO PURCHASE ORDERS WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE PURCHASE OF TWO FIRE TRUCKS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PO #90105 TO H-GAC/EMERGENCY VEHICLES OF TEXAS, INC. IN THE AMOUNT OF $489,063.00 AND PO #90106 TO H-GAC/EMERGENCY VEHICLES OF TEXAS, INC. IN THE AMOUNT OF $682,030.00 FOR A TOTAL AMOUNT OF $1,171,093.00) 10. NO. 98-359 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MATERIALS OR EQUIPMENT 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 #90113 TO MOTOROLA COMMUNICATIONS IN THE AMOUNT OF $33,680.00) 11 NO. 98-360 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE MAINTENANCE FOR ADVANTAGE FINANCIAL SOFTWARE WHICH IS 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 #90119 TO AMERICAN MANAGEMENT SYSTEMS, INC. IN THE AMOUNT OF $108,901.50) 12. NO. 98-361 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT FOR FORECASTING AND LAND USE PLANNING SERVICES BETWEEN THE CITY OF DENTON AND RUST ENVIRONMENTAL AND 1NFRASTRUCTURE/HELLMUTH, OBATA, KASSABAUM INC. AKA RUST/HOK CONSULTANT TEAM PROVIDING FOR AN INCREASE IN THE QUANTITY OF City of Demon City Council Minutes November 3, 1998 Page 4 WORK PERFORMED AND AN iNCREASE iN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2140 -PROFESSIONAL SERVICES FOR LAND USE PLANNING AND FORECASTING AWARDED TO RUST ENVIRONMENTAL AND iNFRASTRUCTURE IN THE AMOUNT TO $224,642.00; CHANGE ORDER #2 IN THE AMOUNT OF $37,846.49; NEW CONTRACT PRICE $255,988.49) 13. NO. 98-362 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING THE SECOND AMENDMENT TO THAT AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT AND TO EXPEND FUNDS WITH RESPECT TO THE SECOND AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 14. NO. 98-363 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE DENTON FAMILY RESOURCE CENTER, INC. TO PROVIDE CHILD ABUSE PREVENTION SERVICES IN ACCORDANCE WITH A GRANT AND CONTRACT WITH THE CHILDREN'S TRUST FUND OF TEXAS; AUTHORIZING THE EXPENDITURES OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 15. NO. 98-364 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TURNER COLLIE AND BRADEN, INC. IN THE AMOUNT OF $260,940.00 FOR DESIGN OF iNFLOW/iNFILTRATION CORRECTIONS IN WESTERN PECAN CREEK AND COOPER CREEK. 16. NO. R98-060 A RESOLUTION APPOINTING MIKE JEZ TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE. 17. NO. R98-061 A RESOLUTION APPOINTING MIKE JEZ TO THE BOARD OF DIRECTORS OF THE DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes November 3, 1998 Page 5 18. NO. R98-062 A RESOLUTION APPOINTING MIKE JEZ AS A MEMBER OF THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. 19. NO. 98-365 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 20. The Council held a public hearing and considered a request to rezone a 401.17-acre tract from planned development zoning district (PD-139) to Commercial (C), One-Family Dwelling (SF-7) and Multi-Family Dwelling (MF- 1) zoning districts. PD- 139 currently allowed development as a Business Village, including commercial and single- and multi-family residential land uses. The property was located in southwest Denton, east of Interstate 35W at the F.M. 2449 (Ponder Road) interchange. (The Planning and Zoning Commission recommended approval 5-0 with three conditions.) (Z-98- 045) Dave Hill, Director of Planning and Development, stated that the Vintage was currently zoned as PD- 139, a business village. The property was 401.17 acres with a request to rezone from a planned development to commercial, single family 7 homes and multi-family 1 zoning districts. The 20% rule did not apply to this case. Letters had been received from residents in the Argyle School District but those did not apply to the 20% rule. This proposal was considered a downzoning in terms of the residential zoning. The conditions proposed by the Planning and Zoning Commission included a minimum of 15% of the land area would be dedicated as open space or park area with 25% being exclusive of flood plain; 100 feet of right-of-way would be dedicated for the proposed extension of FM 2449; and the standard lighting provision that indicated that lighting would not shine on or disturb neighbors. Water and sewer lines did not connect to the City lines and the developer would be responsible for making those connections. Mayor Pro Tem Beasley questioned density cap of the units per acre. Hill stated that the original concept plan had a maximum of 20 units per acre. Under MF-1 as proposed, the maximum density would be between 30-35 units per acre. Council could specify a cap if desired and if not, the provisions of the MF-1 zoning requirements would take effect. Council Member Kristoferson asked if the business village restrictions from 1991 still applied to the proposal. Hill replied yes plus a detailed plan review would have to be done in the future. City of Denton City Council Minutes November 3, 1998 Page 6 Council Member Kristoferson questioned if the proposal were approved, would the density be set or could it changed later. Hill stated that the planned development would no longer be in effect for this portion of the property. Council Member Cochran stated that the original plan indicated that there was no way to estimate the cost to the community for the improvements in the area. He was concerned about Bonnie Brae and what the applicant would be required to do on that street. Hill stated that the test used during plat review and subdivision review was one of rough proportionality. Improvements would be required in proportion to the direct impact. Council Member Burroughs questioned if the business village could be all multi-family or SF-6. Hill replied that it was either/or and could be entirely residential. The Mayor opened the public hearing. Charles Jowell, co-owner of the property, reviewed the boundaries of the property. He indicated that they would be willing to cap the number of units per acre. The property abutted existing commercial property. Approximately 60 acres of the proposal would be a park. Council Member Young asked if the developer had spoken with the Argyle ISD. Jowell indicated that they had spoken to and would work with the Argyle ISD. He indicated that it might be possible to dedicate some of the property to the Argyle ISD. Council Member Young asked who would do the improvements on Bonnie Brae. Jowell indicated that they would be required to do some of the improvements and would like the City to help with other improvements. Mayor Pro Tem Beasley asked about the details regarding discussions with the Argyle ISD. Jowell indicated that currently they had a planned development but a concept plan had not been completed. After final plans had been determined, they would discuss further with the Argyle ISD. Argyle ISD indicated that part of the school could be in the flood plain and that they would need 15- 20 acres. When they went to plat the property, they would leave out a school site and work with the District. The project would be phased and would take some time to complete. The following individuals spoke during the public hearing: Tom McMurray, 2905 Howard Court, Denton, 76201 - opposition Doug Robison, 120 N. Austin, Denton, 76201 - opposition Richard Tucker, 406 Country Club Road, Argyle, 76226 - opposition Kevin Brown, 616 Valley View, Argyle, 76226 - opposition City of Denton City Council Minutes November 3, 1998 Page 7 Jim Wallace, 1662 W. Jeter Road, Bartonville, 76226 - opposition Will Minderman, 714 Skyline, Argyle, 76226 - opposition Quentin Burnett, 800 Eagle Dr., Argyle, 76226 - opposition Sue Moser, 800 Skyline Drive, Argyle, 76226 - opposition Kevin Wade, 679 South Bonnie, Brae, Denton, 76201 - opposition Valerie Tucker, 406 Country Club Road, Argyle, 76226 - opposition Mayor Miller indicated that he had received a speaker card from Chris Bancroft, 1621 N. Elm, Denton, 76201 who was in opposition but did not wish to address the Council. The petitioner was allowed a five minute rebuttal. Mr. Jowell indicated that he would work with the Argyle school district for a school site. He felt this development would greatly increase the district' s tax base. The Mayor closed the public hearing. Council Member Kristoferson asked if any of the improvements in this area were in the City's CIP. Hill replied that there were none at this time. Rick Svehla, Deputy City Manager, stated that it had not been specified at this time and the type of zoning would dictate what improvements would need to be made. A transportation plan would be reviewed next week. Mayor Pro Tem Beasley stated that she had several concerns with this development. First was the traffic analysis and plans for improvements in the area. There were no roads coming off the interchange and Bonnie Brae and there seemed to be no thought into how the intersection would develop. A second concern was the increase of multi-family zoning to 30 units per acre. Third was the lack of neighborhood meetings and discussions with the Argyle School District. The fourth was the straight zoning versus the planned development. Council would lose control over the development in the area and infrastructure. Fifth was the development along the I-35W corridor. Most of this property was undeveloped and she wanted to have a good development in that area. She was concerned about what was placed along the corridors. Beasley motioned, Cochran seconded to deny the zoning request. Council Member Cochran stated that the arguments regarding the Argyle school district did not play a large part in his decision making process regarding this proposal. The issue was of giving up control at this point. He had questions about traffic and exactly what was going to happen in the area. He felt that the developers had good plans in mind, but Council needed more information and review before he could support the proposal, especially concerning traffic with only one road to take care of it. Council Member Burroughs questioned how much control the Council had over the existing PD. He knew that the detailed plan had to come before Council with either all SF-6 or commercial but he questioned if Council could reject the plan. City of Denton City Council Minutes November 3, 1998 Page 8 Herb Prouty, City Attorney, stated that Council could always reject the plan. The Council had the ability to place conditions on the property, indicate amount of setbacks, indicate where the structure would go. The basic uses could not be changed, but the Council could determine how the proposal would look and how it was configured with its approval. Hill stated that the concept plan normally was the place where the requirements for zoning were placed. The detailed plan looked at the building layout, roads, aesthetics, building materials, landscaping requirements, lighting requirements, etc. Once the concept plan was approved with a certain type of zoning, the Council could not regulate how much use of each type of zoning was in the detailed plan. The older planned development concept plans had a variety of land uses and no limitations in the ordinance on any one-land use. In this case, the Council could not prevent having all SF-6 or multi-family zoning. City Attorney Prouty stated that the vested rights statute had been repealed and quite possibly would be re-enacted. There was now a gray area in this regard and Council had more control than what they used to have. In the past, when the concept plan was in place with set mix uses, the Council left that alone and looked only at amenities to offset concerns. With the vested rights act repealed, Council had some ability to go beyond what had traditionally been done until the developer actually received a building permit and could affect the development. Council Member Burroughs stated that if the Council rejected the zoning request, the developers could exercise the detailed plan that was not consistent with Council's wishes. City Attorney Prouty stated that Council would lose that power to control. He was fairly certain that the vested rights statute would be re-enacted and would be stronger. There was a window of opportunity only until Sept. 1. There was a problem of consistency and what had been done in the past. This is a policy decision of what had been done in the past. Council Member Burroughs stated that Council had received a fairly clear indication that neighborhood integrity was what the residents of Argyle wanted. The commercial portion of the proposal was great for the stability of the Argyle lSD but the prospect of having as many as 1,000 students caused a concern. He felt that more could be done to address the concerns. He charged the developer to work within the community and reduce the fear factor. Young motioned, Burroughs seconded to postpone consideration to allow the developer, the school district, and the community to meet to address the concerns. 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. Mayor Miller questioned that if the proposed zoning was denied, the planned development would still be in place and what would happen. Hill stated that the applicant would have an opportunity to proceed with the specific site design or could proceed with a new straight zoning proposal that was less restrictive than what was currently proposed. City of Denton City Council Minutes November 3, 1998 Page 9 Mayor Miller questioned that on an ad hoc basis, the Council had no vested rights to refuse this. Prouty stated that the Council had the opportunity to do some procedures that had not been done in the past. In the past, Council dealt with setbacks, building materials, etc. It now had the right to go beyond that into such areas as where multi-family would be located; how much multi-family versus single family. That would be a policy matter. In the past, the Council had followed the idea that once the concept plan was in place, the uses and amounts were pretty much set. Mayor Miller asked if the concept plan was in place. Hill replied yes. He stated that if a detailed plan were proposed and the Council felt it was not advantageous for the City, the Council would have to objectively indicate why that particular detailed plan needed to be further restrictive than any other. City Attorney Prouty stated that the problem was that if Council did exercise this additional power on this proposal, it could be setting a precedent for future planned developments. The Council would have to be consistent with all planned developments. Mayor Miller indicated that he would be voting in favor of the proposal. The School District did not want to allow any more building in Denton and that was not a good reason to stop growth. The local governmental levels had been held hostage by state funding of school districts and he questioned how a community dealt with that. Schools were important and growth and development were just as important. People and families were part of commercial developments. He felt this was a balanced proposal. He felt there needed to be better data about the number of potential students the development would impact. Council Member Young agreed with Mayor Miller. Argyle had no commercial development and he felt the school districts were subject to bad management. He didn't want to send a message that property couldn't be developed in Denton. He would vote against the motion. On roll vote to deny the proposal, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "nay". Motion carried with a 5-2 vote. 21. The Council held a public hearing and considered a request to amend a portion of the approved concept plan for a planned development zone district (PD-20). The 136.365 acres of land was located along the southwest side of Interstate 35-E between Lillian Miller and State School Road. A multiple use development was proposed with Light Industrial, General Retail, Office, Multi-Family, Single-Family and Recreation uses. The proposed amendment reduced the land for light industrial, office, single-family and recreational uses and increases the land for general retail and multi-family uses. The Council recently denied approval of a development plan for this property. (The Planning and Zoning Commission recommended approval 4-1.) (Z-98-044) Dave Hill, Director of Planning and Development, stated that this request was to amend a portion of an approved concept plan for PD-20. The request was to amend only 136.4 acres of the development. The balance of the planned development had a light industrial zoning classification. In May a proposed development plan for this property that amended the 1974 concept plan was denied City of Denton City Council Minutes November 3, 1998 Page 10 by Council. He reviewed the existing zoning and the proposed amendment as noted in the agenda materials. The proposed amendment reduced the land for light industrial, office, single-family and recreational uses and increased the land for general retail and multi-family uses. If the current request were denied, the previously approved concept plan would prevail. Staff was recommending approval with the conditions as recommended by the Planning and Zoning Commission. The request to rezone was consistent with the Denton Development Plan. Development according to the amended concept plan, compared to the existing concept plan. Would result in restricted light industrial land uses, enhanced setback requirements, enhanced landscaped bufferyards, enhanced tax base, enhanced recreational facilities, enhanced drainage facilities, and enhanced right-of-way for the extension of Wind River Lane. Mayor Pro Tem Beasley asked if the drainage improvements with Unicorn Lake would help further down on State School Road. Jill Jordan, Director of Water/Wastewater, stated that it would hold the water back and prevent it from going as quickly and with the volume as before. It would be important for the whole tributary. Mayor Pro Tem Beasley stated that she liked the fact that many uses had been taken out of the light industrial zoning. She questioned if the 100-foot setback was in addition to a 20-foot setback. Hill replied that the 100-foot setback was from the same boundary for some land uses. The 20-foot buffer was a setback requirement. The Mayor opened the public hearing. Brad Meyer, Carter and Burgess, stated that three concerns had been expressed regarding this proposal. One was the road. Originally it was to have been a 60-foot road but they had now agreed to widen it to 80 feet. A second concern was the buffer from light industrial to residential. The conditions on the proposal indicated the exact type of buffer, etc. and also severely limited the uses next to the residential development. The third concern was uses for light industrial. This list had been gone through item by item. Light industrial was held on to for consistency. There would be a connection from Teasley Lane to I-35 with that connection being made as soon as possible. They had worked with the Parks Department and the Engineering Department on the lake and greenbelt that would be created. The greenbelt would connect parks and trails with other developments. The proposed regional detention area would serve the entire watershed and would be a joint project between the developer and the city. Council Member Young asked about the development of the road. Meyer stated that it would be developed just as quickly as possible. Council Member Durrance asked about the multi-family portion of the development and the number of students it would generate. Meyer stated that multi-family did not generate a lot of students and in this case would probably be college students. City of Denton City Council Minutes November 3, 1998 Page 11 Bob Shelton stated that the plans were to start immediately on the road along with the lake. Council Member Cochran asked about a road that would link to Sundown Ranch. Shelton indicated that he anticipated a road connection. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-366 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO AN APPROVED CONCEPT PLAN FOR 136.365 ACRES OF LAND CURRENTLY WITH1N PLANNED DEVELOPMENT DISTRICT TWENTY (PD20) LOCATED ALONG THE SOUTHEAST SIDE OF INTERSTATE HIGHWAY 35-E BETWEEN LILLIAN MILLER PARKWAY AND STATE SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Burroughs seconded to approve the ordinance. Council Member Kristoferson stated that she planned to make a recommendation to apply the vested rights statute to watch this planned development through the process. Projections indicated that most communities strive to have a 30% multi-family ratio. She felt that the light industrial and light industrial-restricted comments stood for themselves and should be downzoned to commercial. There should be a specific use permit on the list. She felt the proposal did not provide relief to motorists coming back to Denton but did provide relief to those going to Dallas. Mayor Pro Tem Beasley stated that multi-family zoning had much less impact on a school system. The commercial and light industrial zoning would be good for the tax base. The lake was also a good project. She would be voting in favor of the motion. Council Member Durrance stated that his concern was not with the road but where the density on the road would be emptying out. A traffic study had been provided but he felt the figures were flawed as to how they would be applied. The figures indicating the number of potential students in the proposed development were not accurate. A planned developed proposed in 1966 had been denied. He felt that the changes in this proposal were only cosmetic and he would be voting against the motion. Council Member Burroughs felt that there were large differences in the former proposed planned development and the current proposal. This proposal had very little residential uses with a lot of commercial, office, and recreational uses. He felt it was a balanced proposal and that the impact of the development would be beneficial to the school district. City of Denton City Council Minutes November 3, 1998 Page 12 Council Member Cochran felt that there were some good things in the project. The street was good and the concept of the park and retention pond was wonderful. He would be voting in favor of the project. There were some massive problems in the area but this proposal was considerably better than the previous proposal. Mayor Miller felt that this would be a good development and would be good for the tax base. The proposed road would help to relieve traffic all day long. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carried with a 5-2 vote. 22. The Council held a public hearing and considered rezoning 58.351 acres from an Agriculture (A)-zoning district to a Single Family residential (SF-10) 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 ofF.M. 2181 (Teasley Lane), approximately 1,000' south of Robinson Road, between Ryan Rd. and Hickory Creek Rd., in the City of Denton, Denton County, TX. The proposal was to develop a single-family subdivision. (The Planning and Zoning Commission recommended approval 5-0.) (Z- 98-048) Dave Hill, Director of Planning and Development, stated that this request was for a rezoning for a single familyl0 zoning district. On August 26, 1998, the Planning and Zoning Commission recommended approval of a conditioned single family 7 zoning district for this property. The conditions required that the lots along the southern boundary of the property had to be at least 10,000 square feet and the balance of the lots could then be a minimum of 7,000 square feet and a fence not less that 6 feet in height would be constructed along the northern and southern boundaries. On September 15, 1998 the Council denied that zoning request. At that time a super majority vote was required in order to approve the zoning request. Because the new proposal was more restrictive than the original proposal, the developer did not have to wait a year to return to Council. This new proposal did not require a super majority Council vote. The traffic analysis impact indicated that there was a need for a turn lane in the project. That would not be required but would be a safety factor due to the speed limit in the area. With those improvements the impact of the development could be mitigated. This was a straight zoning request that was different from the original request in that it reduced the number of trips per day by 25%. The property was not platted. There was a collector street required with the development of the property. The Mayor opened the public hearing. Rory Corwin stated that the single family 10 zoning proposal did not have any neighborhood objections. It appeared that the main concern was traffic and schools. They had tried to address traffic as best as possible. The conclusion in the traffic report was that traffic from this development would not have a significant impact to Highway 2181. Joe Freeman stated that he was the owner of the property. He had wanted to sell the property to the school district but the district did not purchase the property. He currently lived in Flower Mound and had seen the population there grow very rapidly. He was frustrated with the development process and had tried to cooperate fully with staff and the Planning and Zoning Commission. City of Denton City Council Minutes November 3, 1998 Page 13 The Mayor closed the public hearing. The following ordinance was considered: NO. 98-367 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION TO SINGLE FAMILY (SF- 10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 58.351 ACRES OF LAND LOCATED ON THE WEST SIDE OF F.M. 2181; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Burroughs seconded to approve the ordinance. Council Member Young felt that the developer had worked with the neighbors and had cooperated with requests from the City. Council Member Kristoferson felt that this was still a matter of timing regarding this proposal. At the last meeting she gave examples of how potholes, paving and levels of services were being compromised to accommodate a level of growth. There currently was an office building being constructed that could not get utility hookup for three weeks. To accommodate the hookups, the City had to take individuals off jobs they were doing to maintain the current service levels. She felt prudent planning and timed managed growth was the way to proceed. Council Member Durrance stated that in September the issues were quality of life and neighborhood integrity. The solution was to have a comprehensive plan in place. If this proposal were approved, it would only add to the problems on Highway 2181, not be a solution. Council Member Burroughs stated that Acme Brick did excavation work in this area. This property was near mobile home parks and had no aesthetics to it but flat land. It was not likely that single family 16 would go into the area. Until the Council declared a moratorium on all single family 10 residential development and lower, he did not feel this proposal should be denied. He felt this was the best use of the property. Council Member Cochran stated that he voted against the proposal last time due to density and traffic problems. This plan was less intense with less traffic and he would be changing his vote. Mayor Pro Tem Beasley stated that she had voted against the proposal the last time. She appreciated the fact that the project was now single familyl0. She felt this was the best use of the land. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carried with a 5-2 vote. City of Denton City Council Minutes November 3, 1998 Page 14 23. The Council held a public hearing and considered rezoning 3.88 acres from an Agricultural (A) zoning district to a Planned Development (PD) zoning district and approving a detailed plan allowing for light industrial and airport related land uses. The property was legally described as Tract 3 of the William Neill Survey (Abstract 970) and was located on the southwest corner of Airport Road (F.M. 1515) and Westcourt Drive intersection. It was just east of the Denton Municipal Airport. The proposal was to construct a manufacturing facility. (The Planning and Zoning Commission recommended approval (4-1) with conditions.) (Z-98-043) Dave Hill, Director of Planning and Development, stated that the request from Trim Systems was to change the zoning from agricultural to planned development with a detail plan for approval. The proposal was to construct a manufacturing facility in two phases. The Planning and Zoning Commission recommended approval with the conditions that a private access easement from Airport Road be provided and the relocating and rearranging of 15 parking spaces. The actual design had changed a number of times to work out a number of issues. The landscape requirements were not going to be satisfied. Brick pavers would be used in the area of a tree that was to be saved. Council Member Cochran stated that it bothered him to describe the road as a fire lane when it really was a driveway for a private entity on public property. He was not aware of any other situation of this any place else. He felt an alternative was to build a smaller building and to buy more land. The proposed solution for the large building on a small piece of land was to put a driveway on public property. There was no place for trucks to turn around and he was concerned about setting a precedent and public perception. Deputy City Manager Svehla stated that this would be an access to that part of the Airport and would be used as a driveway for future hangers. Council Member Durrance stated that the proposal met the 20% landscape allocation but did not meet the 15 trees per acre. He expressed concern about setting a precedent by allowing the proposal for the tree preservation. City Attorney Prouty stated that this was a fairly unique situation with the location of the project so close to the Airport and Council could distinguish that. The landscape ordinance was in the process of being amended and depending on how it was amended and whether or not it set a precedent depended on how the ordinance was amended. The Mayor opened the public hearing. Frank Martino stated that Trim Systems would provide the interior of trucks to Peterbilt the same day that they would be installed in the truck. They would do all they could to save the trees on the property. If they did not live, they would replace the trees. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes November 3, 1998 Page 15 NO. 98-368 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT 168 (PD 168) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.887 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF THE AIRPORT ROAD (F.M. 1515) AND WESTCOURT DRIVE INTERSECTION; PROVIDING FOR THE APPROVAL OF A DETAILED PLAN AND LANDSCAPE PLAN FOR SAID 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. Council Member Cochran stated that he would have difficulty voting for the proposal because of the road. He felt the City was setting a precedent of giving away public land without compensation. 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. 24. The Council held a public hearing and heard citizen comments regarding proposed amendments to the Landscape Ordinance. (The Planning and Zoning Commission recommended approval (4-0). Dave Hill, Director of Planning and Development, stated that this was a public review process for proposed amendments to the landscape ordinance. Staff had talked with the Chamber of Commerce, the Keep Denton Beautiful Tree Board and had held a public hearing with the Planning and Zoning Commission. There were five issues that were more developer friendly without sacrificing the intent of the ordinance. The landfill was included as an exempt facility. The Mayor opened the public hearing. No one spoke during the public hearing. Mayor Miller indicated that he had one speaker card from Chuck Carpenter who supported the change but did not wish to address the Council. The Mayor closed the public hearing. ITEMS FOR INDIVIDUAL CONSIDERATION 25. The Council considered adoption of an ordinance abandoning a 0.276 acre of land constituting surplus street right-of-way and being a portion of Avenue D, from Eagle Drive a distance of 190 feet south to the connection between Avenue E and Avenue D; and providing an effective date. Rick Svehla, Deputy City Manager, stated that City staff had worked in conjunction with UNT to City of Denton City Council Minutes November 3, 1998 Page 16 realign Avenue E into a new configuration with Avenue D. The City would be abandoning the areas by the new performing arts center and UNT would be dedicating a new area as an exchange. The following ordinance was considered: NO. 98-369 AN ORDINANCE ABANDONING A 0.276 ACRE OF LAND CONSTITUTING SURPLUS STREET RIGHT-OF-WAY AND BEING A PORTION OF AVENUE D, FROM EAGLE DRIVE A DISTANCE OF 190 FEET SOUTH TO THE CONNECTION BETWEEN AVENUE E AND AVENUE D; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Durrance 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. 26. The Council considered adoption of an ordinance authorizing the City Manager to execute a Pipeline Longitudinal Encroachment Agreement with the Union Pacific Railroad Company for a potable water pipeline; authorizing the expenditure of funds therefor; and providing an effective date. Rick Svehla, Deputy City Manager, stated that this agreement was in conjunction with the Railroad for the Robertson Street project. The following ordinance was considered: NO. 98-370 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PIPELINE LONGITUDINAL ENCROACHMENT AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR A POTABLE WATER PIPELINE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING 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. 27. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services agreement with Reed-Stowe & Co., Incorporated for consulting services pertaining to the Denton Water and Wastewater Utilities cost of service and rate design study; authorizing the expenditure of funds therefor; and providing an effective date. Earl Crews, Director of Financial/Administrative Services, stated that the external rate consultant would examine the cost of service rate design to ensure that the methodology was fair and appropriate for customers. This had not been done since 1991. A study was also needed at this time as the Upper Trinity Regional Water District had expressed concerns about Denton's wholesale treated water rate. The following ordinance was considered: City of Denton City Council Minutes November 3, 1998 Page 17 NO. 98-371 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH REED-STOWE & CO., INCORPORATED FOR CONSULTING SERVICES PERTAINING TO THE DENTON WATER AND WASTEWATER UTILITIES COST OF SERVICE AND RATE DESIGN STUDY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 28. The Council considered adoption of an ordinance authorizing the City Manager to execute a compromise settlement agreement between the City of Denton and Eller Media Company in final settlement of litigation styled Eller Media Company v. Sign Board of Appeals of the City of Denton and the City of Denton, Texas, Case No. 98-50138-367, filed in the 367th District Court of Denton County; authorizing the City Manager to act on the City's behalf in accepting the settlement and executing a release of claims. The following ordinance was considered: NO. 98-372 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND ELLER MEDIA COMPANY IN FINAL SETTLEMENT OF LITIGATION STYLED ELLER MEDIA COMPANY F. SIGNBOARD OF APPEALS OF THE CITY OF DENTON AND THE CITY OF DENTON, TEXAS, CASE NO. 98-50138-367, FILED IN THE 367TM DISTRICT COURT OF DENTON COUNTY; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN ACCEPTING THE SETTLEMENT AND EXECUTING A RELEASE OF CLAIMS. Young motioned, Burroughs seconded to adopt the ordinance with the compromise settlement agreement along with attached work orders. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 29. The Council considered approval of a resolution to declare the intent to reimburse expenditures from unreserved fund balance of the General Fund with General Obligation Bonds; and providing an effective date. The following resolution was considered: NO. R98-063 City of Denton City Council Minutes November 3, 1998 Page 18 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 30. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of a public works contract for Mayhill Road paving and drainage in the amount of $632,149.84; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2238 - Mayhill Road Paving and Drainage awarded to Jagoe Public Construction in the amount of $632,149.84) The following ordinance was considered: NO. 98-373 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR MAYHILL ROAD PAVING AND DRAINAGE IN THE AMOUNT OF $632,149.84; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2238 - MAYHILL ROAD PAVING AND DRAINAGE AWARDED TO JAGOE PUBLIC CONSTRUCTION IN THE AMOUNT OF $632,149.84) 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. Item #35 was considered. 35. Mayor Miller stated that under the emergency provisions allowed by the Open Meetings Act, an item was added to the agenda and properly posted. The Council considered a resolution authorizing the Mayor to write a letter protesting the proposed air quality permit applied for by Marock Incorporated for an asphalt/concrete plant at Masch Branch Road before the Texas Natural Resource Conservation Commission; and declaring an effective date. Council Member Cochran stated that this proposed plant was being built in the City's ETJ right on the borderline and would have some effect on Denton. There would be a considerable amount of truck traffic to and from the site. He also felt there would be a detrimental effect on the health and welfare of the citizens of Denton. The following resolution was considered: NO. R98-064 City of Denton City Council Minutes November 3, 1998 Page 19 A RESOLUTION AUTHORIZING THE MAYOR TO WRITE A LETTER PROTESTING THE PROPOSED AIR QUALITY PERMIT APPLIED FOR BY MAROCK INCORPORATED FOR AN ASPHALT/CONCRETE PLANT AT MASCH BRANCH ROAD BEFORE THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND DECLARING AN EFFECTIVE DATE. Young motioned Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Council returned to the regular agenda order. 31. Miscellaneous Matters from the City Manager City Manager Jez stated that the 1999 City Council Meeting schedule had been distributed to Council. He requested that they notify him of any needed changes. 32. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Young requested an upcoming item for Council consideration to divert the money for Scott Street sidewalk to playground equipment for Fred Moore Park B. Council Member Durrance requested information on possible downzoning: of single family and multi-family zoning for planned developments 20, 22, 41, 86, 90, 93, 102, 120, 126, and 139 for density of single family and multi-family zoning. 33. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. With no further business, the meeting adjourned at 11:45 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS