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Minutes November 17, 1998CITY OF DENTON CITY COUNCIL MINUTES November 17, 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 17, 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 1. The Council considered the following in Closed Meeting: 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. The Council convened into a Regular Meeting on Tuesday, November 17, 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. 2. The Council received a presentation from Kirk Hemphill regarding Census 2000. Mr. Hemphill stated that the Census wanted to partner with the City for the upcoming census taking in April 2000. It was felt that advanced notice would help the Bureau receive the correct information regarding the Census. That would help the City receive all of the information it could. The Bureau was hiring workers in local communities to help with the taking of the census. PRESENTATIONS/AWARDS 3. Proclamations Mayor Miller presented a proclamation for Denton Family Week. CITIZEN REPORTg 4. The Council received a report from Ross Chadwick and family to say thanks. Mr. Chadwick and family thanked the citizens, staff and fellow employees for their support during their time of need after the fire in their home. 5. The Council received a report from Margaret Tillman regarding rezoning an area that was City of Denton City Council Minutes November 17, 1998 Page 2 in a 100-year flood plain. Ms. Tillman was not present at the meeting. 6. The Council received a report from Becky Parton regarding the City's policy on animal releases as it related to animal welfare organizations. Ms. Parton stated that she would like to see the ordinance changed to benefit animal adoption. One factor in the destroying of animals was the method of adopting the animals. Currently an organization had to adopt an animal as an individual, pay the fee, etc. and do the paperwork to adopt the animals. Prepaid vet bills were also a problem. Her proposal was to allow animal welfare groups to have the ability to transfer an animal out of the shelter without having to pay the fees associated with the adoption of the animals. Denton residents would be first in the adoption of animals and the organizations would only be dealing with the animals scheduled to be destroyed. 7. The Council received a report from Amber Pearson regarding the need for more bike lanes in Denton. Ms. Pearson stated that more bike lanes were needed in the City of Denton. Those lanes would provide easy access to downtown and would provide safe transportation to children and others using such lanes. She did not have all the answers on how to do this but was willing to work with staff to develop where to place the lanes and to keep up maintenance of the lanes. Council Member Durrance indicated that he would suggest a future work session item to consider bike lanes on Highway 380 and other major arterials in the City. N(}I~E EX~CEPTI(}N~ 8. The Council considered a request for an exception to the noise ordinance for a wedding reception to be held at Fair Hall on the North Texas Fairgrounds on Thursday, November 19, 1998. Beasley motioned, Young 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. ~(}N~ENT AGENDA Durrance motioned, Beasley seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes November 17, 1998 Page 3 NO. 98-375 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER #3 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 in the amount of $1,130,274.26 + Change Order #3 in the amount of $14,276.00) 10. NO. 98-376 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER #1 TO THE CONTRACT FOR ACQUISITION, LICENSURE AND MAINTENANCE OF COMPUTER, SOFTWARE AND SUPPORTING iNFORMATION OF THE CUSTOMER iNFORMATION SYSTEM (CIS) BETWEEN THE CITY OF DENTON AND HARRIS COMPUTER CORPORATION; PROVIDING FOR A CHANGE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2102 CIS SOFTWARE AWARDED TO HARRIS COMPUTER CORPORATION - CHANGE ORDER #1 IN THE AMOUNT OF $127,194.00) 11 NO. 98-377 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENT BY THE CITY OF DENTON FOR PLANNED LOSSES ASSOCIATED WITH ELECTRICITY TRANSMISSION TO THOSE UTILITIES PROVIDING ENERGY TRANSMISSION AS SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (CHECK REQUEST TO TU ELECTRIC DATED 10-29-98 IN THE AMOUNT OF $77,428.19) 12. NO. 98-378 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE ANNUAL CONTRACT FOR CONCRETE WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2281 -ANNUAL CONTRACT FOR CONCRETE WORK AWARDED TO CALVERT PAVING CORPORATION IN THE ESTIMATED AMOUNT OF $550,000.00) 13. NO. 98-379 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR NORTH LAKES AND DENIA RECREATION CENTER EXPANSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2287 -NORTH LAKES AND DENIA RECREATION CENTER EXPANSION AWARDED TO MCWILLIAMS ENTERPRISES, INC., IN THE AMOUNT OF $1,399,400.00) City of Demon City Council Minutes November 17, 1998 Page 4 14. NO. 98-380 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE 1999 QUARTERLY PAYMENTS BY THE CITY OF DENTON FOR A SOLID WASTE PERMIT FEE CALCULATED AT 3.5% OF REFUSE COLLECTION FEES TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. (PO #90910 TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) IN THE AMOUNT OF $130,000.00) 15. NO. 98-381 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LOUIS BERGER & ASSOCIATES, INC. FOR SERVICES RELATING TO THE VALUATION OF ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2286 - VALUATION OF ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM AWARDED TO LOUIS BERGER & ASSOCIATES, INC. IN THE AMOUNT OF $85,000.00) 16. NO. 98-382 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WORKER'S ASSISTANCE PROGRAM, INC. FOR AN EMPLOYEE ASSISTANCE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2277 - EMPLOYEE ASSISTANCE PROGRAM AWARDED TO WORKER'S ASSISTANCE PROGRAM, INC. IN THE ESTIMATED AMOUNT OF $15,710.88) 17. NO. 98-383 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF MATERIALS, SUPPLIES AND SERVICES FOR THE PURPOSE OF MAINTAINING A KODAK IS 70 NCEA COLOR COPIER 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 #90834 TO DANKA IN THE AMOUNT OF $26,760.00 PER YEAR; TOTAL AWARD $80,280.00) 18. NO. 98-384 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A 70 PAGE PER MINUTE COLOR PRINTER/COPIER AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE City of Demon City Council Minutes November 17, 1998 Page 5 EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #90833 TO DANKA IN THE AMOUNT OF $95,075.00) 19. NO. 98-385 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A MINOLTA CF900 COLOR COPIER AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #90835 TO MINOLTA IN THE AMOUNT OF $32,830.00) 20. NO. 98-386 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TREE TRIMMING ON MISCELLANEOUS ELECTRIC LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2288 - TREE TRIMMING AWARDED TO NORTH TEXAS TREE DBA HORTON TREE SERVICE IN THE ESTIMATED AMOUNT OF $50,000.00) 21. NO. 98-387 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIRE FIGHTER STATION/WORK UNIFORMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2289 - FIRE FIGHTER STATION/WORK UNIFORMS AWARDED TO CASCO iNDUSTRIES IN THE APPROXIMATE AMOUNT OF $35,000.00) 22. NO. 98-388 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RENTAL OF APPROXIMATELY 3,000 SQ. FT. OF OFFICE SPACE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2296 - RENTAL OF APPROXIMATELY 3000 SQ. FT. OF OFFICE SPACE AWARDED TO DENTON AREA TEACHERS CREDIT UNION IN THE AMOUNT OF $3,000.00 PER MONTH OR $36,000.00 PER YEAR) 23. NO. 98-389 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT, LTD. FOR PARTICIPATION IN THE OVERSIZING OF A SEWER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes November 17, 1998 Page 6 Plllll JIT, HEARING~ 24. The Council held a joint City Council/Planning and Zoning Commission public hearing to hear comments regarding the draft interim Corridor Ordinance. Dave Hill, Director of Planning and Development, stated that this would be a joint public hearing with the Planning and Zoning Commission regarding the Corridor Ordinance. There were two types of corridors defined - gateways and entranceways. Entranceways consisted of U.S. highways or farm-to-market roads that had less traffic capacity than the gateways. The designation for Highway 380 was changed from a gateway to an entranceway. A joint meeting with the Planning and Zoning Commission was required due to the alternative notification process used that notified property owners outside the normal notification area. The draft ordinance combined a site plan review process with design guidelines to allow consideration of individual property features and development characteristics. Specific site plan information for Planning and Zoning Commission and City Council review and approval would have to be submitted by the property owners. Unless accompanied by a request for a zoning change, planned development detailed plan, or specific use permit, the site plan review procedure would not require a public hearing. The time for processing would be reduced to 2-3 weeks depending on the proposal. Another major difference was that only the portion of land inside the corridors would be affected. If a property owner were expanding a current structure or developing a new structure and those activities took place entirely outside the corridor, it would be exempt from a site plan review. The purpose of this meeting was to receive public comments on the revised ordinance and no formal action would be taken. City Council action was anticipated for December 8th with an effective date of March 15, 1999 for the ordinance. That would allow current projects to be completed. Included in the agenda materials was a letter from the Chamber of Commerce endorsing the ordinance with the exception of limited visibility uses. Staff had provided Council with a technical opinion of that section of the ordinance. Limited visibility land uses were in the original ordinance and was not negotiated with the Chamber. The basic function of the proposed ordinance would not be impacted whether that section was in the ordinance or not. Council Member Young asked about a grandfather clause. Hill stated that there were no retroactive provisions in the ordinance. Any existing legally established use would remain that way. If an existing business were expanded by 25% or less, it would be exempt from the provisions of the ordinance. Council Member Young asked if studies on this issue had been done in Texas and questioned if there was a city in this area that might have a similar ordinance. If so, had any of those cities had lawsuits filed in connection with their ordinance. Hill stated that there were other communities in the area with similar regulations such as South Lake and Plano. Council had been provided exact copies of those ordinances. If the provisions stated that the regulations were for aesthetic quality, a defensible provision was established. The Mayor opened the public hearing. The following individuals spoke during the public hearing: City of Denton City Council Minutes November 17, 1998 Page 7 Joe Winkle, 1907 Virginia Street, Denton, 76201 - opposition Clyde Fisher, Miller Beer Distributor in Denton County - opposition Zeke Martin, 1712 S. Bonnie Brae, Denton, 76205 - opposition Michael Denis, Denton Regional Medical Center-supported Chamber position Dave Greenlee, P.O. Box 2628, Fort Worth, 76113 - opposition Les Holland, 3760 Holland Lane, Denton, 76208 - opposition Valorie Meredith, 3428 Teasley Lane, Denton, 76205 - opposition Alice Pockrus, 3909 S I35-E, Denton, 76205 - opposition John Weber, 1300 Lindsay Street, Denton, 76205 - favor George Highfill, 3204 Windy Hill, Denton, 76201 - representing Chamber- neutral Joe Mulroy, 119 Ridgecrest, Denton, 76205 - support Melvin Haisler, 4500 N. Locust, Denton, 76207 - opposition Roy Wilshire, Hunt Petroleum Corp. - opposition Tom Silva, 2201 Longmeadow Street, Denton, 76201 - neutral Tom Farlow, Ft. Worth Drive, Denton, - opposition Mayor Miller indicated that he had speaker cards from the following individuals who did not wish to address the Council: J.B. and Shirley Haisler, 1200 Cowling Road, Sanger, 76266 - opposition Weldon Burgoon, 345 E. Hickory, Denton, 76201 - opposition Bill Enlow, 1206 Shady Rest, Corinth, 76208 - opposition Tony Clark, 3516 Belmont, Denton, 76205 - favor with deletion of Section 8 Dick Smith, 1903 Maid Marian, Denton, 76201- favor with deletion of Section 8 Bill Cheek, Jr., 1200 vista Verde, Denton, 76205 - opposition Jesse Coffey, 3513 Granada Trail, Denton, 76205 - opposition The Mayor closed the public hearing. 25. The Council held a public hearing to hear citizen comments regarding the draft Growth Management Strategy. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. 26. The Council held a public hearing and considered a request to rezone a 2.267-acre tract of land from an agricultural (A) zoning district to a Light Industrial (LI) zoning district. The property was located in east Denton on the east side of Mayhill Road, approximately 400 feet north of E. McKinney Street (FM 426). Expansion of an existing business was proposed. (The Planning and Zoning Commission recommended approval 5-0.) (Z-98-052, 204 Mayhill) Dave Hill, Director of Planning and Development, stated that this rezoning request was located in City of Denton City Council Minutes November 17, 1998 Page 8 east Denton with a requested change from agriculture to light-industrial zoning. An expansion of an existing business was the reason for the request. Because the property was annexed as agriculture, the use was considered a legal non-conforming use. The applicant was asking for rezoning to accommodate a small expansion for additional warehouse space. The light industrial zoning would permit the current operation of the business and allow for expansion in the future. There were four conditions recommended by the Planning and Zoning Commission as indicated in the back-up materials. The most important condition was that the total developed floor area would not exceed a 3 to 1 ratio. The other three other conditions were designed to minimize the impact on neighboring homes. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-390 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.267 ACRES OF LAND LOCATED EAST OF MAYHILL ROAD, APPROXIMATELY 400 FEET NORTH OF EAST MCK1NNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 27. The Council held a public hearing and considered rezoning 33.776 acres from a Planned Development (PD) zoning district to a Conditioned Commercial (C[c]) zoning district. The 33.776 acre property was legally described as being part of Block 10, Wimbleton Village, Phase V, part of Block 11, all of Block 12, and part of Block 13 Wimbleton Village Phase IV, and all of the dedicated right-of-way known as Walden Place (shown on the revised plat of Wimbleton Village, Phase IV, now legally vacated). It was located on the south side of I-35E, east of State School RD. The purpose was to expand an auto sales and service dealership. (The Planning and Zoning Commission recommended approval 5-0 with conditions.) (Z-98-051, dames WoodAuto) Dave Hill, Director of Planning and Development, stated that this request was to rezone 33.776 acres from planned development to conditioned commercial. The change was needed in order to expand an auto sales and service dealership. The Planning and Zoning Commission recommended approval with 4 conditions as noted in the agenda materials. The 20% rule was not in effect for this case. Two neighborhood meetings were held with no one attending the first and the applicant City of Denton City Council Minutes November 17, 1998 Page 9 holding the second at his own accord. At this time the property was not platted. The Mayor opened the public hearing. James Wood stated that landscaping would be at the front of property so as to better serve the neighbors. The back portion of the property would not be developed at this time so as to have room for future expansion if needed. Vicki McCombs stated that she was in favor of the proposal. Mr. Wood had done a great job dealing with the neighbors. He had voluntarily changed the current lighting so as to not interfere with the neighbors. Don White stated that he was in favor of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-391 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PD-12 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO CONDITIONED COMMERCIAL [C(c)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 33.776 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF 1-35e, EAST OF STATE SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 28. The Council held a public hearing and considered rezoning 1.5694 acres at 3805 W. University from an Agricultural (A) zoning district to an Office (O) zoning district. The 1.5694- acre property was legally described as Lot One (1), Block One (1) of the Bethel Temple Parsonage Addition. It was located on the south side of University (U.S. 380) at the T- intersection of Marshall Road and University. The proposal was to allow for a photographer's studio and single family restricted dwelling on the same tract. (The Planning & Zoning Commission recommended approval 4-0 with conditions.) (Z-98-026) Dave Hill, Director of Planning and Development, stated that five conditions were recommended by the Planning and Zoning Commission as noted in the agenda materials. The 20% rule was not in effect for this proposal. The property was platted but would have to be replatted prior to development. The Mayor opened the public hearing. City of Denton City Council Minutes November 17, 1998 Page 10 No one spoke during the public hearing. The Mayor closed the public hearing The following ordinance was considered: NO. 98-392 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE (O) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.569 ACRES OF LAND LOCATED AT 3805 W. UNIVERSITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to adopt the ordinance with the condition that any sign not exceed 6 feet. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote. 29. The Council held a public hearing and considered rezoning 15.088 acres, amending the approved concept plan and approving a detailed plan for PD-132 zoning district: a. rezoning 15.088 acres from an Agricultural (A) zoning district to Planned Development 132 (PD-132) zoning district; b. amending the approved concept plan. The proposed concept plan contained 428 acres and included a combination of single-family, multi-family, community facility, school, general retail and open space (parks) land uses; and c. approving a detailed plan. The detailed plan contained 138 acres and included single- family land uses located in the southern portion of the zoning district. The district extended north from Shady Shores Road just north of I-35 East and the east of Swisher Road. (The Planning and Zoning Commission recommended approval 7-0 with conditions.) (Z-98- 011 and Z-98-037, The Preserve) Dave Hill, Director of Planning and Development, stated this was a public hearing to consider rezoning 15.08 acres to add to PD 132. This was property that the Council had recently approved the annexation with the intent to add it to the Preserve Planned Development. The proposal would also amend the approved concept plan. The second part of the proposal was to approve a 139 acre detailed plan. The change requested was for a mix of permitted uses for SF- MF, a community facility, a school, general retail and open space including parks as land uses. Since the approval by the Planning and Zoning Commission, the project had been delayed due to the applicant dealing with transportation issues and school impacts. The 20% rule was not in effect. A neighborhood meeting was held in August with more than 30 people attending, most were residents of Corinth or Shady Shores. Transportation improvements had to be done before City of Denton City Council Minutes November 17, 1998 Page 11 development of the property was started. The concept plan amendment did not significantly change the character of the original concept plan. There was a decrease in non-residential square footage from the original concept plan plus a decrease in general retail and neighborhood service by nearly 200,000 square feet. The previous concept plan for Southview contained 18 acres for parks and open space and this proposal contained 67.5 acres for park land that was well above the requirement of the park dedication ordinance. Both plans provided for the location of a school site. A letter from the DISD indicated that a 15-acre site had been donated to the DISD for an elementary school site. The traffic impact analysis was the most complicated portion of the proposal. There was a list of 18 improvements and what would trigger those improvements before a building permit would be approved. That list was included in the agenda materials. The Mayor opened the public hearing. John Wilson stated that the approach for this proposal was to look at the land and identify what made the land unique. This property was on a tributary of Pecan Creek that ran north to south in the property. They had spent a large amount of time on the property to help develop the property to its best use. They dealt with five principles of development. The first was preservation of nature and this proposal used a preservation of a trail theme. The second principle dealt with a family and recreation based community. There would be a diversity of community recreational facilities in this proposal. Community support facilities was the third principle. Schools, daycares, community gathering facilities and small retail shopping would be included in this proposal. The fourth principle was diversity of neighborhoods. This proposal included diversity of housing products from townhomes to different single family lot sizes. The last principle was a visual theme that would be created in the community with fencing, lighting, signage, etc. This would be a multi-mobile community with hiking, biking, etc. Mark Footlick stated that the goal of the proposed community was that it would not be a straight housing community. The split road would give a feeling of open space and natural settings. They had held four neighborhood meetings in the area with a diverse group participating in those meetings. They had tried to address all concerns of those present at those meetings. Three months ago they had started working with the DISD for a school site in area. He felt the DISD was happy with the agreement for the 15-acre site of an elementary school. Part of the transportation analysis and related items would be triggered by development of Tracts H and I. There was a broad range of housing in the proposal. Nancy Ustick stated that she had participated in several meetings with the developer and had been kept updated regarding the development. This project would be a leader in the community. She was in favor of the proposal. The Mayor closed the public hearing. The following ordinances were considered: NO. 98-393 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION City of Denton City Council Minutes November 17, 1998 Page 12 AND USE DESIGNATION TO PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 15.088 ACRES OF LAND LOCATED ON THE EAST SIDE OF SWISHER ROAD AND IMMEDIATELY WEST OF THE INTERSECTION OF SWISHER ROAD AND EDWARDS ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 98-394 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT, AS THE 427.616 ACRES DESCRIBED IN EXHIBIT "A" APPLY TO THE 414.9 ACRES OF LAND DESCRIBED IN ORDINANCE 89-101 AND ORDINANCE 88-166; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 98-395 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF A DETAILED PLAN FOR 138.992 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT; THE SUBJECT PROPERTY IS LOCATED NORTH OF SHADY SHORES ROAD JUST NORTH OF 1- 35 EAST AND EAST OF SWISHER ROAD; 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 adopt the above ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. ITEM~ FOR INDIVIDIIAI~ C,{}N~IDERATII}N 30. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Chapter 31 "Landscape" of the Code of Ordinances of the City of Denton providing for new standards for applicability of ordinance when remodeling, redeveloping or reconstructing; providing for a new list of exclusion from the ordinance; providing for new measuring of trees under tree requirements and providing new credits for preservations of trees; providing definition for landmark tree and procedure for designation; providing for new replacement requirements on public property; providing for an alternative landscape plan; providing a penalty in the maximum amount of $500.00 for violations thereof; providing a severability clause; providing a savings clause and providing for an effective date. (Planning & Zoning recommended approval 4-0.) Dave Hill, Director of Planning and Development, stated that this was the final action for amendments to the current landscape ordinance. There had been extensive discussion regarding each item identified in various staff reports. At the Council's last work session staff had been asked to look at a list of plant materials and whether or not certain species should be added for City of Denton City Council Minutes November 17, 1998 Page 13 tree credits. The appropriate tables had been amended to allow anything on the list to be used for tree credit. If a plant were alive and healthy it would be allowed for tree credit. Council Member Young asked if there would be a change in the 20% rule. Hill stated that there was a lot of discussion at the last work session regarding the formation of a task force. Staff indicated that they would look into the formation of a task force. That item was tabled to a date uncertain. The following ordinance was considered: NO. 98-396 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR NEW STANDARDS FOR APPLICABILITY OF ORDINANCE WHEN REMODELING, REDEVELOPING OR RECONSTRUCTING; PROVIDING FOR A NEW LIST OF EXCLUSION FROM THE ORDINANCE; PROVIDING FOR NEW MEASURING OF TREES UNDER TREE REQUIREMENTS AND PROVIDING NEW CREDITS FOR PRESERVATIONS OF TREES; PROVIDING DEFINITION FOR LANDMARK TREE AND PROCEDURE FOR DESIGNATION; PROVIDING FOR NEW REPLACEMENT REQUIREMENTS ON PUBLIC PROPERTY; PROVIDING FOR AN ALTERNATIVE LANDSCAPE PLAN; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. Council Member Young stated that he had been against the ordinance from the beginning and still supported the idea of a task force. He felt the business community had not had enough input into the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote. 31. The Council considered adoption of an ordinance suspending the proposed rate increase in the statement of intent filed by Lone Star Gas Company for the rates for sales of natural gas to residential and commercial consumers in the City of Denton, Texas on October 23, 1998, for 90 days beyond the intended effective date; adopting declarations and findings in the preamble; providing the reasons therefore; providing a severability clause; and providing for an effective date. City Attorney Prouty stated that this ordinance would suspend Lone Star Gas' application for a rate increase for 90 days from the effective date of November 27th. That would allow Council reasonable time to investigate the request and determine whether or not a rate increase was reasonable. If the increase were granted, Lone Star Gas would experience an increase in annual City of Denton City Council Minutes November 17, 1998 Page 14 revenue by $476,000 per year or a 6.24% increase. There would be a slight decrease for commercial rates and overall residential rates might be larger or smaller than 6.24 % depending on usage. Staff was recommending the hiring of a rate expert to investigate this request. Council Member Burroughs stated that the agenda item did not include approving a rate consultant. City Attorney Prouty stated that staff had indicated in the back-up materials a recommendation to hire an outside consultant. There was also one finding in the "whereas clauses" indicating the necessity to hire a rate expert to analyze the request. Council Member Young felt that this could be done in-house without an outside consultant. Kirk King, Lone Star Gas, stated that he was in support of the proposal and would work closely with staff to review the rate request. The last rate increase by Lone Star Gas was done in 1981. Council Member Cochran stated that he was in favor of the extension. He questioned doing the rate review in-house. He asked what recourse Lone Star Gas would have if the City's assessment were different from what Lone Star was requesting. City Attorney Prouty stated that Lone Star could appeal to the Railroad Commission if there was no agreement on a rate increase Council Member Cochran stated he would prefer to do the study in-house rather than with an outside consultant. Mayor Pro Tem Beasley asked for the reason for an outside consultant. Kathy DuBose, Assistant City Manager for Finance, stated that rate making and rate changes required a long period of time and required an expertise in that area. The following ordinance was considered: NO. 98-397 AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE IN THE STATEMENT OF INTENT FILED BY LONE STAR GAS COMPANY FOR THE RATES FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF DENTON, TEXAS ON OCTOBER 23, 1998, FOR 90 DAYS BEYOND THE INTENDED EFFECTIVE DATE; ADOPTING DECLARATIONS AND F1NDINGS IN THE PREAMBLE; PROVIDING THE REASONS THEREFORE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tem Beasley motioned to adopt the ordinance and hire an outside rate expert to assist in reviewing the rates. Council Member Durrance seconded the motion and stated that this was a complex area with City of Denton City Council Minutes November 17, 1998 Page 15 many legal aspects. Council Member Cochran felt that the City was capable of reviewing the rate and determining if the proposal was not adequate. The issue was rate of return on investment in the City and not the setting of rates. Council Member Burroughs felt that if staff was not comfortable reviewing the rates, a consultant should be hired. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote. 32. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and State Street Bank and Trust Company as trustee for the electronic data systems corporation retirement plan and trust, relating to the purchase of 0.835 acre of land for the expansion of U.S. Highway 77 (Parcel 11); authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 98-398 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND STATE STREET BANK AND TRUST COMPANY AS TRUSTEE FOR THE ELECTRONIC DATA SYSTEMS CORPORATION RETIREMENT PLAN AND TRUST, RELATING TO THE PURCHASE OF 0.835 ACRE OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 11); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Cochran 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. 33. The Council considered adoption of an ordinance authorizing the City Manager to execute a personal services contract with Roger Wilkinson to provide technical support for the acquisition of right-of-way parcels and utility easements relating to the U.S. Highway 77 project; authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered: NO. 98-399 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES CONTRACT WITH ROGER WILKINSON TO PROVIDE TECHNICAL SUPPORT FOR THE ACQUISITION OF RIGHT-OF-WAY PARCELS City of Denton City Council Minutes November 17, 1998 Page 16 AND UTILITY EASEMENTS RELATING TO THE U.S. HIGHWAY 77 PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Burroughs 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. 34. The Council considered adoption of an ordinance abandoning a certain 16 foot drainage easement consisting of 1,924 square feet of land on the east side of Bridges Road, approximately 535 feet north of Spencer Road, situated within property recorded in the deed records of Denton County, Texas at Volume 960, Page 723, and described as a part of the M.E.P. & P. RR Survey, Abstract 927; and providing for an effective date. The following ordinance was considered: NO. 98-400 AN ORDINANCE ABANDONING A CERTAIN 16 FOOT DRAINAGE EASEMENT CONSISTING OF 1,924 SQUARE FEET OF LAND ON THE EAST SIDE OF BRIDGES ROAD, APPROXIMATELY 535 FEET NORTH OF SPENCER ROAD, SITUATED WITHIN PROPERTY RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 960, PAGE 723, AND DESCRIBED AS A PART OF THE M.E.P. & P. RR SURVEY, ABSTRACT 927; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 35. The Council considered adoption of an ordinance amending Chapter 29 of the Code of Ordinances of the City of Denton, Texas to provide for the adoption of the Uniform Fire Code, 1997 Edition; providing for amendments thereto; re-establishing permit fees; providing for a penalty in the amount of $2,000 for violations thereof; providing for a severability clause; repealing all ordinances in conflict therewith; and providing for an effective date. The following ordinance was considered: NO. 98-401 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE UNIFORM FIRE CODE, 1997 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE-ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE City of Denton City Council Minutes November 17, 1998 Page 17 Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 36. The Council considered adoption of an ordinance of the City of Denton, Texas appointing Sharon Mays to act as the designated representative and Guy Phil Rennaker to act as the alternate designated representative for the City of Denton, Texas, in order to effectuate the requirements of federal regulations and laws relating to the "Acid Rain Program" under the 1990 Amendments to the Federal Clean Air Act; authorizing the City Manager to execute the designated representative agreement, and providing an effective date. The following ordinance was considered: NO. 98-402 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING SHARON MAYS TO ACT AS THE DESIGNATED REPRESENTATIVE AND GUY PHIL RENNAKER TO ACT AS THE ALTERNATE DESIGNATED REPRESENTATIVE FOR THE CITY OF DENTON, TEXAS, IN ORDER TO EFFECTUATE THE REQUIREMENTS OF FEDERAL REGULATIONS AND LAWS RELATING TO THE "ACID RAIN PROGRAM" UNDER THE 1990 AMENDMENTS TO THE FEDERAL CLEAN AIR ACT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DESIGNATED REPRESENTATIVE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE. Burroughs 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. 37. Miscellaneous matters from the City Manager. City Manager Jez did not have any items for Council. 38. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Cochran stated that PD-86 was not addressed by the alternate overlay zoning proposal of adequate service proposal. He requested overlay zoning not less than SF-10 prior to the adoption of the comprehensive ordinance for PD-86. He also requested staff look into the creation of an overlay ordinance to fit over PD 86 permitting SF-10 and above in the residential category. Council Member Kristoferson questioned if it was only for PD-86 or all planned developments. Council Member Cochran indicated that he was only concerned about PD-86 because of the amount of comments he had received from citizens. He did feel there were others that were not City of Denton City Council Minutes November 17, 1998 Page 18 adequately taken care of by the adequate service proposal. He asked the other Council Members to bring up any other planned developments they were concerned with to the staff for consideration. The staff proposal for adequate service was good but did not serve all of the planned developments. Council Member Kristoferson suggested having staff bring back a draft ordinance to determine how quickly the process could move on this. The adequate facilities ordinance did not have a lot of available information regarding it for review. Council Member stated that if Council was going to consider how to apply growth management strategies and what tools might be available, not only in the interim but also in addition to the adequate facilities public services ordinance, as it related to the interim ordinance. B. Council Member Durrance suggested discussing the possibility of coordinating with TxDot the widening of University to Loop 288 to 1-35 regarding multi-module transportation means such as bike lanes, etc. Council Member Cochran suggested including a pedestrian crossings across University Drive 39. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 40. There was no official action on Closed Meeting items held under Section 551-071- 551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 12:00 midnight. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS