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Minutes March 2, 1999 CITY OF DENTON CITY COUNCIL MINUTES March 2, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, March 2, 1999 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, and Kristoferson. ABSENT: Council Member Young 1. The Council considered the following in Closed Meeting: A. Personnel Matters – Under TEX. GOV’T. CODE Sec. 551.074 1. Evaluation of Municipal Judge 2. Evaluation of City Attorney 3. Evaluation of City Manager B. Conference with Employees – Under TEX. GOV’T. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. Council Member Young arrived during the Closed Meeting. Regular Meeting of the City of Denton City Council on Tuesday, March 2, 1999 at 6:00 p.m. in the Council Chambers at 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. Resolution of Appreciation for Bobby Morris Mayor Miller presented the resolution of appreciation to Mr. Morris. Young 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. Mayor Miller presented a proclamation for National Women’s History Week. 3. Citizen Reports A. Report from Jim Osborne regarding municipal services at the Denton Municipal Airport. City of Denton City Council Minutes March 2, 1999 Page 2 Mr. Osborne was not present at the meeting. B. Report from Craig Watt regarding the upcoming Fry Street Fair. Mr. Watt stated that he was the Fry Street Fair coordinator. He reviewed the accomplishments of the Delta Lodge in conjunction with the Fry Street Fair. They had reviewed their procedures from the last Fair and would be implementing changes in such areas as trash pick-up and ticket sales. They were requesting a 9:00 p.m. closing instead of an 8:00 p.m. closing. No other festival closed at such an early time. Council Member Young stated that the Fair had support from the majority of businesses in the area for a 9:00 p.m. closing. Watt replied correct. Council Member Cochran asked for the process for making a determination for that closing time. City Manager Jez stated that the event was reviewed by police department last year at the conclusion of the event. There were approximately 40 arrests and 150 citations issued by Denton Police, not counting TABC citations. The formula for closing involved a function of the number of personnel required to police the event over the number of hours that the event occurred. The consensus of the Police Department was that the event might have outgrown the capacity in the area and discussions were held to move the event in years to follow. The function of staffing the event and the consensus from the Police Department was that an earlier closing was significant in amount of alcohol consumed and the ability to clear streets after event was over. Last year it took 4-5 hours after the event to clear the area. He supported the 8:00 p.m. closing. Last week, after a discussion with the Delta Lodge, he felt that the matter was closed. The Police Department had requested a 7:00 p.m. closing and he had compromised with the 8:00 p.m. closing. Council Member Young requested that this issue be placed on an upcoming agenda for Council consideration and determination for the closing hours of the Fry Street Fair. C. Report from Ken Buikema regarding wastewater usage. Mr. Buikema was not present at the meeting. D. Report from Willie Hudspeth regarding drainage at 623 Newton Street. Mr. Hudspeth stated that he was trying to save his trees in an area where the City wanted to widen a drainage easement. Staff had indicated that there was no way to save the trees but he felt differently. He would lose 20 of the 23 trees currently on his property. He felt that if the project were moved 4 feet to the north he would be able to save 4 of the major trees in the area. City of Denton City Council Minutes March 2, 1999 Page 3 CONSENT AGENDA Beasley motioned, Cochran seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 4. NO. 99-060 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE MAYHILL ROAD 12” WATERLINE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2325 – MAYHILL 12” WATERLINE AWARDED TO DICKERSON CONSTRUCTION CO., IN THE AMOUNT OF $106,059.50.) 5. NO. 99-061 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE NEW WASTEWATER TREATMENT PLANT ROAD AND WEIGH STATION SITE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2332 – MAYHILL AT WASTEWATER ROAD IMPROVEMENTS - AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $191,881.05.) 6. NO. 99-062 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE INSTALLATION OF THE DENTON VISUAL ARTS BUILDING HVAC RENOVATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2333- DENTON VISUAL ARTS BUILDING HVAC RENOVATION AWARDED TO BCI MECHANICAL, INC. IN THE AMOUNT OF $64,745.) 7. NO. 99-063 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE SENIOR CENTER PARKING LOT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2339 – SENIOR CENTER PARKING LOT AWARDED TO DBR CONSTRUCTION IN THE AMOUNT OF $28,059.) 8. NO. 99-064 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH DFW INTERNATIONAL AIRPORT TO AUTHORIZE PARTICIPATION IN VARIOUS DFW INTERNATIONAL AIRPORT City of Denton City Council Minutes March 2, 1999 Page 4 CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. (FILE #2247 – INTERLOCAL AGREEMENT WITH DFW INTERNATIONAL AIRPORT.) 9. NO. 99-065 AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND THE FUNDAMENTALS PROGRAM, INC. DBA ONCOURSE USA FOR LEASE OF THE NORTH LAKES PARK GOLF DRIVING RANGE AND PROVIDING AN EFFECTIVE DATE. (RFP #2336 – LEASE FOR NORTH LAKES PARK GOLF DRIVING RANGE AWARDED TO THE FUNDAMENTALS PROGRAM. INC. DBA ONCOURSE USA.). 10. NO. 99-066 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF EQUIPMENT FOR POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2314 – EQUIPMENT FOR POLICE SEDANS AWARDED AS LIST IN THE TOTAL AMOUNT OF $31,408.00.) 11. NO. 99-067 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2335 – WATER TREATMENT CHEMICALS AWARDED AS LISTED IN THE ESTIMATED AMOUNT OF $452,000.) 12. NO. 99-068 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 13. NO. 99-069 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT APPLICATION WITH THE SCHOOLS AND LIBRARIES CORPORATION (SLC) FOR TELECOMMUNICATION AND INTERNET SERVICES AND APPROVING AN APPLICATION TO THE SLC TO OBTAIN A GRANT FOR TELECOMMUNICATIONS AND INTERNET SERVICES FOR THE DENTON PUBLIC LIBRARY; RATIFYING THE ACTIONS OF THE CITY MANAGER, City of Denton City Council Minutes March 2, 1999 Page 5 DIRECTOR OF THE LIBRARY, AND OTHER CITY OFFICIALS IN REGARD TO THIS GRANT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 14. The Council held a public hearing and considered approving a detailed plan for 15.3 acres in Planned Development 39 (PD39) zoning district. The approved concept plan for the district allowed for cluster homes with a maximum density of 10 units to the acre in this area; the proposal was for 94 single-family lots, translating into approximately 6.2 units to the acre. The Planning and Zoning Commission recommended approval 5-2. (Z-99-001 – Forman Williamsburg Square) Mark Donaldson, Assistant Director for Planning and Development, stated that staff had listed the wrong number of housing units in the back-up materials. In a discussion with the Legal Department, it was felt that it was legal to continue but Council might want to postpone. The applicant wanted to continue. City Attorney Prouty stated that a valid notice was in the newspaper noting the proper zoning, location and detailed plan. The only problem was that the notice understated the density. There were no protests to the density but it might be possible to have someone object if a citizen knew it had a higher density. He would prefer to postpone the public hearing but he could not say it was a legally defective notice. Council Member Durrance motioned to postpone consideration of the proposal. Motion died for lack of a second and Council proceeded with the public hearing. Donaldson stated that 104 housing units were proposed in the development that would place the density at 6.8 units per acre in PD-39. A majority of the lots were in the 4,400 to 5,000 size with reduced numbers as lot size increased. The lots were smaller than standard zoning but the zoning was less dense than the approved concept plan. Council Member Durrance asked about access to the proposal. Donaldson stated that there was a provision for a second access but currently there was only one access to Stuart. There had been a previous request for a variance for a second access but that was denied by the Planning and Zoning Commission. Rick Svehla, Deputy City Manager, stated that Council could amend the planned development to require the developer to complete a stub on Hercules. Council Member Cochran asked if Council could also amend the planned development to include an additional access on Stuart. Svehla replied that there would be no problem with the access on Stuart if they were lined up with the current streets. The proposal was not to have them lined up due to the layout of the property. Staff would recommend access on the south rather than two accesses on Stuart. The Mayor opened the public hearing. City of Denton City Council Minutes March 2, 1999 Page 6 Brian Burke stated that he agreed with the safety issue with only one access. The developer had tried to purchase the property to the south of this proposal but with no success. It was felt that detached single family housing would not sell well on major highways. It was his impression that strip commercial zoning was not something that the community wanted. There were not many opportunities to bring this type of development to Council. Dan Gould, Jr. stated he would answer any questions from the Council. Tom Edumundson stated that he was in opposition to the proposal. He did not see any conditions regarding the proposal. He suggested a fence along the area along Loop 288 and brick on the first floor of each house. Dessie Goodson asked about public transportation in the area. Dale Brown stated that he had concerns with the proposal. First was the lack of notice on the meetings. Second was the density with the impact on the schools. Third was the original notice received as it was in an envelope that could have been misunderstood as junk mail. Brian Holman stated that at the last meeting Council had recommended a community meeting to discuss concerns with the project. No such meeting had been held. He had found out about this meeting late in the afternoon. He felt the project was done without proper notice. This project was an end run around the notice requirement and felt that since the proposal was now reduced from the original plan, the 200-foot notice requirement was not needed. He was concerned about the number of houses that would be packed into the area and requested some green space in the area to help with the appearance of the project. The petitioner was allowed a five minutes rebuttal. Mr. Gould stated that he had met with some of the neighbors individually but did not have a group meeting. Denton could use houses of this type. Choice Builders would do a good job with the project. Mayor Pro Tem Beasley asked about the amount of brick that would be on the homes. Gould stated that the plans were not completed at this time. Mayor Pro Tem Beasley asked about the effect of requiring a certain percentage of brick on the homes Gould stated that he was not certain of the effect that would have. Currently they were in the design phase for the homes. Mayor Pro Tem Beasley asked about a small pocket park in the area. Gould replied that City staff did not desire a pocket park in this area as those were hard to maintain and develop. The Mayor closed the public hearing. Council Member Burroughs asked about the proposal of a small park. City of Denton City Council Minutes March 2, 1999 Page 7 Ed Hodney, Director of Parks and Recreation, stated that the vision of the park dedication ordinance was a park system that would be efficient and cost effective. A preference would be to pool resources from this subdivision with resources from other developers in the area and acquire a larger park to serve the area and other subdivisions in the area of ½ mile. Young motioned, Cochran seconded to approve the proposal with the condition that the first floor of homes would be 100% brick except the doors and windows. Mayor Pro Tem Beasley stated that she had voted against two previous proposals on this property and they had larger lots. She felt this was too dense of a development for the area. There was only one entrance to the subdivision and felt that quality of life would be poor. Council Member Kristoferson offered a friendly amendment of 75% brick face on the entire house front. She also asked Council to consider a pocket park in this proposal. This was entry level housing and there was a need to assure the longevity of the neighborhood and ongoing valuable asset. She would like a higher level of street trees, recessed driveways of 25 feet with all garages to be double and not single. Council Member Young stated that he would accept the condition for a park and for the recessed garage of 25 feet but not for the double garage. Council Member Burroughs asked about the stub street. Donaldson replied that the stub out was not part of this detailed plan. Council could attach a condition to complete the street to Hercules as a function of developing Phase II. Council Member Burroughs suggested that as a friendly amendment. Council Member Cochran felt that there should be an entrance in that area but the developers did not own that land. A speedy resolution to one entrance would be a good goal but he would rather see two entrances on Stuart as that would be the quickest resolution and the developers owned that land. Council Member Burroughs stated that he understood that the stub could not be connected at this point in time but it would be ready for a connection in the future. Svehla stated that there were two issues for Council to consider. If Council wanted two entrances on Stuart, a 4/5ths majority vote would be needed to proceed. The other option to the south would include a condition that the developer would build it with Phase II, they could come back to Council and, if unable to make an agreement with the land, suggest eminent domain in the interest of public safety to help the developer condemn the land and build a second entrance to the south with Phase II. Burroughs motioned an amendment to the main motion to provide for a second access in Phase II of the development. Motion died for lack of a second. Council Member Cochran felt that there was an adequate buffer zone from the adjacent zoning classifications. He was in agreement with not having larger homes along major thoroughfares City of Denton City Council Minutes March 2, 1999 Page 8 especially with a truck route in the area. He felt that one way to ensure that Denton would be a bedroom community would be to make it that individuals in the community could not purchase homes here. The current zoning in the area permitted a much greater density. This was a downzoning from what was currently allowed. This was not a rezoning and the current plan could be built. Council Member Durrance stated that he would be voting against the motion. This was a higher density than the previous request. He also felt that the zoning notification was not adequate. He felt that the proposed amendments were not an answer to the problems of the proposal. Council Member Burroughs stated that this development had already been zoned and the density had already been approved by a prior concept plan approval. He felt it was difficult to develop single family homes along major thoroughfares. This proposal was better than what was already approved. If a pocket park were done in this area, a larger park might not be developed in a closer area. There would be a series of open areas but not parks. He would prefer to vote on the park area separately. Young motioned, Burroughs seconded to vote on the pocket park separately. Council Member Kristoferson felt that this was merely a salvage procedure for this property. Council did not want to work with changing planned developments and had to use these procedures to enhance old planned developments. Council Member Young felt that the Council was moving towards a policy that all houses had to be SF-10. He felt that would discriminate against low-income individuals. Not everyone could afford large lots and expensive homes. On roll vote for the pocket park, Beasley “aye”, Burroughs “nay”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed with a 3-4 vote. On roll vote of the main motion with the conditions of 75% front brick, recessed garages of 25 feet and street trees every 50 feet, Beasley “nay”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion passed with a 4-3 vote. Council considered Item #18 18. The Council held a public hearing regarding the proposed Planned Development zoning of a 114.76 acre property located on the north side of Hickory Creek Road, northwest of McNair Elementary School in Denton’s extraterritorial jurisdiction (ETJ) known as the Ryan Tract. Mark Donaldson, Assistant Director of Planning and Development, stated that this was only a public hearing to receive public comment regarding the proposed zoning. He summarized the changes from the original proposal as noted in the agenda materials. The Mayor opened the public hearing. The following individuals spoke during the public hearing: City of Denton City Council Minutes March 2, 1999 Page 9 Tari Arterburn, favor Christine Rowl, favor Brenda Phillips, favor Steve Rowl, favor The Mayor closed the public hearing. The Council returned to the regular agenda order. 15. The Council held a public hearing and considered approval of an amendment to the 131.76-acre concept plan for Planned Development 111 (PD111) zoning district and of a detailed plan containing 27.1 acres therein. The property was legally described as Tract 7, 7A, 8 and 8A in the Berry Merchant Survey (Abstract 800) and was located on the south side of Robinson Road and east of Nowlin Road. The proposal was to add 94 single-family lots to the Oakmont community. The Planning and Zoning Commission recommended approval 6-0. (A-98-059) Mark Donaldson, Assistant Director of Planning and Development, stated that two actions were proposed. One was to amend the concept plan to adjust for the various zonings and the other was to approve a detailed plan. He reviewed the location of the site and changes in the proposal. Council Member Kristoferson questioned if this might be the time to place a time limit on the planned development. If it were not developed within a certain time frame, it would revert back to agriculture zoning. City Attorney Prouty stated that it would be risky if one planned development were done at a time. He felt it would be better to have staff develop a set of guidelines for that type of proposal. From a legal standpoint it would be better to do that as a uniform ordinance for all planned developments and not for individual planned developments. Don Allen spoke in favor of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-071 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 86-81 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 111 (PD-111) ZONING DISTRICT LOCATED EAST OF NOWLIN ROAD AND SOUTH OF ROBINSON ROAD; APPROVING A DETAILED PLAN CONTAINING 27.1 ACRES WITHIN THE AMENDED CONCEPT PLAN; 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. (Z-98- 059) Young motioned, Beasley seconded to adopt the ordinance. City of Denton City Council Minutes March 2, 1999 Page 10 Council Member Durrance stated that even with the proposed amenities the development was still too dense. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 16. The Council held a public hearing and considered a request to rezone 5.014 acres from an Agricultural (A) zoning district to a General Retail with conditions (GR[c]) zoning district. The property was legally described as 5.014 acres in the James Severe Survey (Abstract 1164). It was located on the east side of Highway 377, north of the Hills of Argyle subdivision. The Planning and Zoning Commission recommended approval 5-2 with conditions. (Z-98-060) Mark Donaldson, Assistant Director of Planning and Development, stated that the conditions in the agenda materials were recommended by the Planning and Zoning Commission. The Mayor opened the public hearing. Gerald Yenson stated that the property did not have a proposed development at this point in time. He was trying to present a request for a zoning change for investment purposes. Council Member Kristoferson asked if the petitioner would place “accessory building” on the prohibited use list. Yenson felt that he had given in much and was reluctant to have any further restrictions. The Mayor closed the public hearing. Young motioned, Burroughs seconded to approve the proposal as submitted and with the conditions recommended by the Planning and Zoning Commission. Council Member Kristoferson stated that she was not in favor of the motion as this would be speculative zoning that a future Council might have to deal with. She needed a use for a better judgement of the case. Council Member Cochran stated that he was not comfortable with zoning without planning for a definite use. Council Member Durrance stated that he would be voting against the motion, as he was not in favor of strip commercial development. Mayor Miller stated that the City needed neighborhood areas but this proposal was not providing for that. This proposal was a way to place a higher value on the land for the purpose of speculative zoning. He indicated that he would be voting against the motion. Council Member Burroughs asked if a condition of a time limit for development such as 5 years could be placed on the zoning and if not developed in that time frame, it would revert back to agricultural zoning. City of Denton City Council Minutes March 2, 1999 Page 11 City Attorney Prouty stated that it could be done but that he would not recommend it. Council Member Burroughs asked if the applicant would be willing to voluntarily place such a time limit on the proposal. Yenson stated that he would be willing to accept a time frame. Burroughs offered a friendly amendment of a five year condition to begin the development or it would revert back to agriculture. Council Member Young accepted that amendment. On roll vote, Beasley “nay”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “nay”. Motion failed with a 2-5 vote. 17. The Council held a public hearing and considered a detailed plan on 2.338 acres for a single-family residential development in Planned Development 86 (PD86), which currently allowed for multi-family dwellings. The 2.338-acre site was located on the south side of Windsor Drive, west of Bonnie Brae. The purpose of the detailed plan was to develop fourteen 7,000 square foot single family lots. The Planning and Zoning Commission recommended approval 7-0 with conditions. (Z-98-062) Mark Donaldson, Assistant Director of Planning and Development, stated that multi-family zoning allowed single family use as a right by that zoning. The proposal was for 14-7,000 square foot lots to allow single family housing on both sides of the street. The balance of the block would be multi-family residential. Within the concept plan was a neighborhood service district. Four conditions were recommended by the Planning and Zoning Commission as noted in the agenda materials. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Bob Shelton – favor with change in Planning and Zoning Commission condition of 100% brick on front of building instead of the entire first floor. Norma Lynn Gamble - opposition Tom Edmundson - opposition Rebuttal from petitioner – Shelton stated that they had agreed to go with the 7,000 square foot lots and did not realize that the Planning and Zoning Commission had requested brick on all sides. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-072 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 84-133 TO PROVIDE FOR A DETAILED PLAN FOR 2.338 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 86 (PD-86); THE SUBJECT PROPERTY IS City of Denton City Council Minutes March 2, 1999 Page 12 LOCATED ON THE SOUTH SIDE OF WINDSOR DRIVE, EXTENDING TO THE NORTH SIDE OF WESTWARD DRIVE, APPROXIMATELY 1,037 FEET WEST OF BONNIE BRAE; 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. Young motioned to approve the request with the conditions from the Planning and Zoning Commission plus an added condition that 100% brick be on only the front of the homes. Motion died for lack of a second. Cochran motioned, Beasley seconded to approve the request with the conditions as recommended by the Planning and Zoning Commission. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. Item #28 and #29 were considered. 28. The Council considered adoption of an ordinance declaring a public necessity existed and finding that public welfare and convenience required the taking and acquiring of public street right-of-way easement in 1.619 acres of land located in the Gideon Walker Survey, Abstract No. 1333, owned by Shady Shores I-35 Joint Venture; authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of constructing street improvements from the proposed Lakeview Boulevard to Shady Shores Road; and declaring an effective date. 29. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement on behalf of the City of Denton with the Preserve of Pecan Creek partners; providing for the payment of the cost of condemnation for construction of street improvements from the proposed Lakeview Boulevard to Shady Shores Road. Rick Svehla, Deputy City Manager, stated that Items #28 and 29 went together. It was recommended to begin condemnation proceedings for this piece of ground for the proposed Preserve project. The developer had tired to come to agreement with the landowner on access to the property and had asked the City for assistance. If Item #28 was approved, Item #29 was a contract with the developer that he would bear all of the costs of the condemnation. Ken Chaiken stated that he represented the owner of the property. He had been involved in litigating eminent domain cases for many years and knew that there had to be a specific purpose for eminent domain. This case was merely for a private landowner and not for a public purpose. The City was acting as a mediator. If Council authorized this, it would bring about expensive litigation. There was no need for the access to the property. There was an access available but the developer would prefer access through this route. City Attorney Prouty stated that staff felt there was a need for this route. It was part of the mobility plan. He felt there was a public purpose and that the ordinance also involved additional negotiations with the landowner before proceeding to Court for the condemnation. City of Denton City Council Minutes March 2, 1999 Page 13 Svehla felt that there was a public purpose for the route and was on the mobility plan for many years before the Preserve was approved. Council Member Burroughs asked if the owner had an intended use for the property. Chaiken stated that there was no slated use at this point in time. The primary concern was that the owner of the Preserve wanted the property and was disgruntled that he missed an opportunity to purchase the property when it was on the open market. He had approached the current owner of the property for a preferred access to the site and did not like the cost of the property and thus asked the City to help. The following ordinances were considered: NO. 99-081 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF PUBLIC STREET RIGHT-OF-WAY EASEMENT IN 1.619 ACRES OF LAND LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1333, OWNED BY SHADY SHORES I-35 JOINT VENTURE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FROM THE PROPOSED LAKEVIEW BOULEVARD TO SHADY SHORES ROAD; AND DECLARING AN EFFECTIVE DATE. NO. 99-082 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH THE PRESERVE OF PECAN CREEK PARTNERS; PROVIDING FOR THE PAYMENT OF THE COST OF CONDEMNATION FOR CONSTRUCTION OF STREET IMPROVEMENTS FROM THE PROPOSED LAKEVIEW BOULEVARD TO SHADY SHORES ROAD. Beasley motioned, Burroughs seconded to approve both ordinances for Item #28 and #29. Council Member Cochran stated that he would be voting against the motion, as he did not feel it was appropriate. This was a market place situation. On roll vote to adopt Ordinances No. 99-081 and 99-082, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote. Items #30 and 31 were considered together. City of Denton City Council Minutes March 2, 1999 Page 14 30. The Council considered an ordinance declaring a public necessity existed and finding that public welfare and convenience required the taking of and acquiring of a street right-of-way easement in 0.165 acres and a temporary construction and grading easement in 0.412 acres of land located in the Francis Batson Survey, Abstract No. 43, owned by Norma and D. Gene Gamble; authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of construction street improvements for westward drive; and declaring an effective date. 31. Council considered an ordinance authorizing the City Manager to execute an agreement on behalf of the City of Denton with R. H. of Texas, Ltd. partnership; providing for the payment of the cost of condemnation to construct street improvements for Westward Drive. Rick Svehla, Deputy City Manager, stated that the main portion of the collector street for this development would be built on the Shelton property. There was a short stub in an existing subdivision. The proposal would allow for the collector street to be centered rather than all on one property. The two property owners could not come to a price agreement and condemnation might be necessary. Norma Lynn Gamble felt that they had not been given proper notification regarding this issue. Her concern was that the offer had not been negotiated in good faith and proper procedure had not been followed. She reviewed the details of her account of the negotiations for the construction and grading easement. She asked that the items be postponed in order to negotiate in good faith. Gene Gamble stated that he was not trying to stop the street from going through but that they were having problems with a settlement of the price of the property. He felt there had not been good communication between the two parties. He was asking for a postponement for several days to allow for further negotiations. Steve Poston stated that a primary concern was to work out the details. Even if the ordinances were approved, it would not prohibit continued discussions. A number of offers had been made to the Gambles for the property and they had had a number of meetings with the Gambles regarding the sale of the property. He strongly disagreed with a postponement and requested the Council to continue with the ordinances. Council discussed whether or not to consider postponement of the ordinances. Beasley motioned, Cochran seconded to postpone the above two ordinances until the next meeting and have the two parties work on their differences. On roll vote for Items #30 and #31, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried with a 5-2 vote. Item #20 was considered. 20. The Council considered adoption of an ordinance amending Ordinance Nos. 88-189 and 95-191 and Chapter 8 of the Code of Ordinances, which respectively granted a franchise to City of Denton City Council Minutes March 2, 1999 Page 15 Sammons Communications, Inc. and authorized the transfer of that franchise to Marcus Cable Associates, L.P., granting consent to the assignment and transfer of control of a cable television system and franchise from Marcus Cable Associates L.L.C. to Paul G. Allen; and approving an acceptance agreement and an agreement in accordance with the terms and conditions of this ordinance; providing for a savings clause; providing for publication; providing for the effect of this ordinance upon other ordinances and resolutions; and providing an effective date. (First Reading) Richard Foster, Public Information Officer, stated that this was the first reading to transfer the service from Marcus Cable to Paul Allen. The following ordinance was considered: (FIRST READING) AN ORDINANCE AMENDING ORDINANCE NOS. 88-189 AND 95-191 AND CHAPTER 8 OF THE CODE OF ORDINANCES, WHICH RESPECTIVELY GRANTED A FRANCHISE TO SAMMONS COMMUNICATIONS, INC. AND AUTHORIZED THE TRANSFER OF THAT FRANCHISE TO MARCUS CABLE ASSOCIATES, L.P., GRANTING CONSENT TO THE ASSIGNMENT AND TRANSFER OF CONTROL OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM MARCUS CABLE ASSOCIATES L.L.C. TO PAUL G. ALLEN; AND APPROVING AN ACCEPTANCE AGREEMENT AND AN AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 18. The Council considered adoption of an ordinance granting a three-year exception to the City’s noise ordinance with respect to hours of operation of an amplified loudspeaker system for the Denton Festival Foundation in connection with the Denton Arts & Jazz Festival held in Civic Center Park on the last Friday, Saturday, and Sunday in April. The following ordinance was considered: NO. 99-073 AN ORDINANCE GRANTING A THREE-YEAR EXCEPTION TO THE CITY’S NOISE ORDINANCE WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM FOR THE DENTON FESTIVAL FOUNDATION IN CONNECTION WITH THE DENTON ARTS & JAZZ FESTIVAL City of Denton City Council Minutes March 2, 1999 Page 16 HELD IN CIVIC CENTER PARK ON THE LAST FRIDAY, SATURDAY, AND SUNDAY IN APRIL. Beasley 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. 21. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law office of Jim Boyle for services pertaining to legal and legislative matters respecting the City th of Denton Municipal Utilities before the 76 Texas Legislature; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. The following ordinance was considered: NO. 99-074 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICE OF JIM BOYLE FOR SERVICES PERTAINING TO LEGAL AND LEGISLATIVE MATTERS RESPECTING THE TH CITY OF DENTON MUNICIPAL UTILITIES BEFORE THE 76 TEXAS LEGISLATURE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Beasley seconded to adopt the ordinance Council Member Young stated that he would be voting against the motion, as there were no Denton County lawyers involved and he was not in favor of consultants. 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. 22. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C. pertaining to representation of the City in litigation and the provision of related legal services respecting the City of Denton Municipal Utilities’ provision of water and wastewater service to customers within its city limits and its extraterritorial jurisdiction; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. The following ordinance was considered: NO. 99-075 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL City of Denton City Council Minutes March 2, 1999 Page 17 SERVICES WITH THE LAW FIRM OF LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. PERTAINING TO REPRESENTATION OF THE CITY IN LITIGATION AND THE PROVISION OF RELATED LEGAL SERVICES RESPECTING THE CITY OF DENTON MUNICIPAL UTILITIES’ PROVISION OF WATER AND WASTEWATER SERVICE TO CUSTOMERS WITHIN ITS CITY LIMITS AND ITS EXTRATERRITORIAL JURISDICTION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 23. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Terry Morgan & Associates pertaining to representation of the City in litigation and the provision of related legal services respecting the City of Denton Municipal Utilities’ provision of water and wastewater service to customers within its city limits and its extraterritorial jurisdiction; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. The following ordinance was considered: NO. 99-076 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF TERRY MORGAN & ASSOCIATES PERTAINING TO REPRESENTATION OF THE CITY IN LITIGATION AND THE PROVISION OF RELATED LEGAL SERVICES RESPECTING THE CITY OF DENTON MUNICIPAL UTILITIES’ PROVISION OF WATER AND WASTEWATER SERVICE TO CUSTOMERS WITHIN ITS CITY LIMITS AND ITS EXTRATERRITORIAL JURISDICTION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; 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 “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. Items #24-27 were considered in one motion. Burroughs motioned, Beasley seconded to adopt the ordinances for Items #24-27. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes March 2, 1999 Page 18 24. NO. 99-077 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND COTI, JOINT VENTURE, RELATING TO THE PURCHASE OF 1.224 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 13); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 25. NO. 99-078 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND COTI, JOINT VENTURE, RELATING TO THE PURCHASE OF 1.073 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 13E); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 26. NO. 99-079 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND E. E. WRIGHT, JR. AND E. E. WRIGHT III, RELATING TO THE PURCHASE OF 0.008 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 50); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 27. NO. 99-080 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOE BRYON PENNINGTON, RELATING TO THE PURCHASE OF 0.008 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 51); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 32. The Council considered adoption of an ordinance abandoning a portion of a ten foot sanitary sewer easement located in Wind River Estates, Phase VI and VII, and a portion of a fifteen foot sanitary sewer easement located in Wind River Estates, Phase V; and providing an effective date. The following ordinance was considered: NO. 99-083 AN ORDINANCE ABANDONING A PORTION OF A TEN FOOT SANITARY SEWER EASEMENT LOCATED IN WIND RIVER ESTATES, PHASE VI AND VII, AND A PORTION OF A FIFTEEN FOOT SANITARY SEWER EASEMENT LOCATED IN WIND RIVER ESTATES, PHASE V; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes March 2, 1999 Page 19 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. 33. The Council considered approval of funding recommendations from the Oversite Committee for the fourth and fifth years of the 1996 CIP Bond election. Rick Svehla, Deputy City Manager, stated that if Council approved the recommendations, all of the money would be allocated in the existing CIP program. Bonds would be sold in April. Young motioned, Burroughs seconded to approve the recommendations. 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 received information and gave staff direction regarding potential divestiture of electric distribution system and fiber optic system. Sharon Mays, Director of Electric Distribution, stated that the staff recommendation was to continue to move forward with the generation but complete data collection and then determine whether move forward with the divestiture of the distribution system and fiber optics system. Cochran motioned, Durrance seconded to adopt Option Two. 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 nominations/appointments to City boards and commissions. No nominations/appointments were made at this meeting. 36. Miscellaneous matters from the City Manager. City Manager Jez indicated that the City had been selected by National League of Cities as first runner up award for its Cultural Diversity award. 37. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Burroughs requested a work session dealing with the sunsetting of planned developments. 38. There was no continuation of Closed Meeting under Sections 551-071–551.085 of the Texas Open Meetings Act. 39. The following official action was taken on Closed Meeting items held under Section 551- 071–551.085 of the Texas Open Meetings Act. City of Denton City Council Minutes March 2, 1999 Page 20 Beasley motioned, Burroughs seconded to grant the salary increases for the Council’s three employees as discussed in the earlier Closed Session. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. With no further business the meeting was adjourned at 12:40 a.m. _________________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS