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Minutes April 20, 1999CITY OF DENTON CITY COUNCIL MINUTES April 20, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, April 20, 1999 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, Kristoferson and Young. ABSENT: Council Member Durrance 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071. Discussed and consulted with the City’s attorney, including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply District No. 1A and Denton County Fresh Water Supply District No. 5, Cause No. 99-40158- nd 362, filed in the 362 District Court of Denton County, Texas, including strategy and possible settlement negotiations. B. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071. Considered an ordinance of the City of Denton, Texas authorizing settlement of litigation Cassie Dean Johnson, Administratrix of the Estate of Aaron McCoy v City of Denton, Cause No. PR-94-458-01 and Caddie Dean Johnson v. City of Denton, Cause No. 94-459-01, currently pending in the Probate Court of Denton County, Texas pursuant to the terms stated in the attached compromise settlement agreement and release of claims; authorizing the City Manager and the City Attorney to act on the City’s behalf in executing any and all documents, and to take such other actions deemed necessary to finalize the settlement and release of claims; authorizing the expenditure of funds necessary to effect the settlement in an amount not to exceed $10,000, plus such other court costs and ad litem fees which the Court may order the City to pay and declaring an effective date. C. Deliberations concerning Real Property – Under TEX. GOV’T. CODE Sec. 551.072. Considered an ordinance authorizing the City Manager to execute an assignment of a real estate contract to the City of Denton from R. D. Smith, Trustee, relating to the purchase of 6.174 acres of land for use by the Utility Department for future expansion needs of solid waste and water. This item was not discussed. D. Deliberations concerning Real Property – Under TEX. GOV’T. CODE Sec. 551.072; and Consultation with Attorney - Under TEX. GOV’T. CODE Sec. 551.071. Considered and discussed the valuation and the possible sale, transfer, or other divestiture of real property pertaining to the City of Denton’s electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton, Denton County, Texas; the hydroelectric facilities located in Denton County, Texas; and other components of the City’s electric generation assets. Conduct a consultation with the City’s attorneys, including the City’s outside legal counsel, in order to consider and discuss various options and City of Denton City Council Minutes April 20, 1999 Page 2 strategies, and to obtain the advice and recommendations of the City’s attorneys respecting the issues concerning the city’s electric generation assets contained in this numbered paragraph. E. Conference with Employees – Under TEX. GOV’T. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. Regular Meeting of the City of Denton City Council on Tuesday, April 20, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Kristoferson and Young. ABSENT: Council Member Durrance 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 considered approval of the minutes of December 8 and 15, 1998. Kristoferson motioned, Cochran seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. PROCLAMATIONS 3. Earth Day Mayor Miller presented a proclamation for Earth Day that would formally be presented on Thursday at their events. 4. Drinking Water Week and presentation of Fun Facts. Mayor Miller presented the proclamation for Drinking Water Week and Council received Fun Facts from members of the City’s Water Department. 5. P.O.W. Awareness Month Mayor Miller presented a proclamation for POW Awareness Week. 6. University of North Texas Lady Eagles Basketball Week Mayor Miller presented a proclamation for University of North Texas Lady Eagles Basketball week. City of Denton City Council Minutes April 20, 1999 Page 3 CITIZEN REPORTS 7. Jim Osborne regarding municipal services at the Denton Municipal Airport. Mr. Osborne was not present at the meeting. 8. Tillman Uland regarding a hazardous corner at Carroll Blvd. and University Drive. Mr. Uland stated that there was a hazardous corner at the corner of Carroll Blvd. and University Drive. He had had an accident at that corner and felt the corner was hazardous. The City had sent him a letter indicating that the City was not at fault and denied his claim for repairs. He felt that was not the right thing to do and the City should be responsible for his claim. 9. Nell Yelldell regarding the impounding of a vehicle from 513 Maddox Street. Ms. Yelldell stated that she had received a letter from Code Enforcement indicating that she had a junked vehicle on her property. The letter indicated that she had a junked green mustang in her yard. That was incorrect as she did not own that type of vehicle. She had not been informed that her vehicle would be removed from the property. CONSENT AGENDA Cochran motioned, Beasley seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 10. NO. 99-135 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF A SKID STEER LOADER BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (P.O. #94105 TO H-GAC/RDO EQUIPMENT COMPANY - $22,009.76.) 11. NO. 99-136 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MEDIUM TO HEAVY DUTY TRUCKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2337 – MEDIUM TO HEAVY DUTY TRUCKS AWARDED AS LISTED IN THE ORDINANCE - $354,588.24) 12. NO. 99-137 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TUBULAR STEEL TRANSMISSION LINE City of Denton City Council Minutes April 20, 1999 Page 4 STRUCTURES (POLES); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2346 – TUBULAR STEEL TRANSMISSION LINE STRUCTURES AWARDED TO THOMAS & BETTS CORPORATION - $420,060.) 13. NO. 99-138 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR COOLING TOWER REPAIR AT THE DENTON MUNICIPAL GENERATING STATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2351 – COOLING TOWER REPAIR, DENTON MUNICIPAL GENERATING STATION AWARDED TO MIDWEST TOWERS, INC. - $145,210.) PUBLIC HEARINGS 14. The Council held a public hearing to receive citizen comments regarding cable television rates. Richard Foster, Public Information Officer, stated that Charter Communications had submitted the proper notifications for rate changes. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Cochran asked about the procedure of charging the system. He felt Denton residents were charged for services for the entire network. He felt Denton should only be charged for those services used locally. Pat Morrow, District Manager for Charter Communications, stated that first two level of rates were based on local services provided. The other rates charged were within the guidelines of the FCC regulations. 15. The Council held a public hearing and considered rezoning 19.33 acres from a Commercial (C) zoning district to a Multi-Family (MF-1) zoning district. The subject property was legally described as Lot 1 and Lots 5-26 of the Inman Subdivision and Tract 311 out of the Alexander Hill Survey (Abstract 623) and was located on the east side of Meadow Street, the south side of Inman Street and was just north of I-35 East. The proposal was to develop a student apartment complex with approximately 400 units to be built in two phases. The Planning and Zoning Commission recommended approval 5-2. (Z-99-014) Mark Donaldson, Assistant Director for Planning and Development, stated that this was an area in the City that had been neglected for development. It was currently short on utilities and would take some development of significance in order to begin. The applicant was proposing a multi- family project for a university student type complex. The property was currently zoned City of Denton City Council Minutes April 20, 1999 Page 5 commercial and proposed zoning was consistent with the 1988 Denton Development Plan and with the current Growth Management Strategy. A neighborhood meeting was held April 1st and was attended by six people. The major topic discussed was the potential improvements to Inman Street and sewer service to the area. There were no conditions forwarded by the Planning and Zoning Commission. Parking indicated that there would be more than one parking space for every bedroom on the proposed site. That far exceeded the requirements for multi-family zoning and matched the requirement if the proposal were classified as a dorm. The proposal clearly met the requirements for multi-family zoning. Council Member Kristoferson asked for a definition of a “multi-family” unit. Donaldson stated that a dwelling unit was defined as a living unit that had kitchen and bath facilities and the inhabitants could live independently of the rest of the building. Multi-family was more than one dwelling unit in a structure. Council Member Kristoferson expressed a concern with the fact that the proposal would have 400 units with 1128 bedrooms that would be individually leased. She felt that if a unit were individually leased, it should be counted as a unit. That would make the proposal more in the area of 50 units per acre rather than the indicated 20.69 units per acre. She questioned that if the bedrooms were individually leased why were they not individually counted as a unit. Council Member Durrance joined the meeting. Donaldson replied that that would refer back to the definition of a unit per the City’s code. A unit had a kitchen and a bath and an individual could live in it without depending on any other portion of the building. Council Member Cochran felt this was similar to old style housing where rooms would be rented from the owner. He questioned if there were differences in parking requirements for different types of units. If there were separate units, 1.5 parking spaces per bedroom unit would be required. He asked about the definition of a multifamily unit. City Attorney Prouty stated that the standard for multi-family dwellings that included apartments, boarding houses, rooming houses and dormitories was one space for each bedroom unit. It was his understanding that one space for each bedroom unit would be provided or 1100 spaces. Council Member Burroughs stated that number of vehicle trips was based on 400 units. He questioned if there were different numbers for separately leased units. Donaldson stated no and that he was not aware of any differentiation of leased by the unit or leased by the bedroom. The Mayor opened the public hearing. Dan Martin stated that some of the present development in the area was not quality development to be located along a city corridor. Some development for the area had been lost due to lack of infrastructure. He felt this was an opportunity to develop the area for the best use available. He City of Denton City Council Minutes April 20, 1999 Page 6 could not imagine another type of development that would benefit the city as well. This development would have green space and would be an attractive development. Hugh Caraway stated that lease by bedroom was a innovative method for renting units. A typical lease would place all occupants of the apartment on the lease and all would be responsible for the lease. Rent by the bedroom was a concept that would allow a parent to guarantee only one portion of the apartment rent. He indicated that he would be willing to change the lease arrangement back to renting by the unit rather than by the bedroom if there was a problem with this concept. Council Member Cochran asked if there were any type of relationship required for the renting of the bedrooms. Caraway stated usually all of the occupants of a unit knew each other but there might be a situation where a stranger could come into the apartment. A profile was completed when renting the units and those were used to help match occupants. Council Member Young expressed a concern for the residents in the area. It was his understanding that the neighbors were not in favor of the proposal. Caraway stated that they would be willing to make the unit near the houses a two-story building if necessary. They would also be planting tall trees in the area along with a 6-8 foot fence to screen the area. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-139 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A CONDITIONED MULTI-FAMILY 1 (MF-1[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 19.33 ACRES OF LAND LOCATED ON THE EAST SIDE OF MEADOW STREET, THE SOUTH SIDE OF INMAN STREET AND JUST NORTH OF I-35 EAST; 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 for denial. Mayor Pro Tem Beasley stated that this was a difficult piece of land with poor surrounding road conditions. This was a difficult piece of property to develop as there was no water and sewer in the area. She felt that multi-family would be the best use of the property. Council Member Burroughs stated that at this meeting, Council would be voting on the zoning of the property and the use of the property and not on the design of the property. Requirements could be considered during the platting phase and at a different level of this proposal. It was City of Denton City Council Minutes April 20, 1999 Page 7 important to consider that this was for student housing and there was a need for such a project. There would be no negatives on the DISD for multi-family housing. The property was not good for commercial development and the proposal would have a lower trip generation than what was currently zoned. Council Member Cochran stated that the traffic analysis was done on a certain type of housing and this proposal was not that type of housing. Traffic would be much greater than what was presented and he felt that would be too great for the area. He was also not sure the parking would be adequate. He was concerned about this type of concept for apartments. Council Member Young stated that this property was a unique piece of property. He questioned what type of business would locate on this type of property. This type of housing was needed and this piece of property was good for this type of development. He suggested having the developers meet with the homeowners for fencing requirements, etc. Council Member Kristoferson agreed that this area needed infill development but she had significant concerns about the development. The number of bedrooms was not consistent with the Growth Management Strategy and with the long term uses of the property. This was a commercial property and some commercial zoning generated almost no traffic. Mayor Miller stated that he would be voting against the motion. Most of the traffic in the area was generated with peak hours. With this proposal, traffic would be dispersed during the day. Student housing was much different now than what was done in the past. On roll vote for denial, Beasley “nay”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “nay”, Burroughs “nay”, and Mayor Miller “nay”. Motion failed with a 3-4 vote. Beasley motioned, Burroughs seconded for approval with the conditions for the City’s standard lighting conditions so that outside lighting would shine on the property and not into the night- time sky, a maximum of 21 units per acre as defined by multi-family housing with one parking space per bedroom, and an eight foot high masonry wall around the three residences. On roll vote, Beasley “aye”, Kristoferson “nay”, Cochran “nay”, Durrance “nay”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried with a 4-3 vote. 16. The Council held a public hearing and considered rezoning 18.00 acres from a conditioned Commercial (C[c]) zoning district to a Multi-Family 1 (MF-1) zoning district. The subject property was legally described as an 18.0 acre portion of Tract 4 out of the D. Lambert Survey (Abstract 784) and a portion of Tract 3 out of the J.White Survey (Abstract 1433) and was located on the south side of Colorado Blvd., approximately 550 feet west of Southern Hills Blvd. and also fronted I-35E, immediately east of the Pace’s Crossing apartment complex. The proposal was to construct a multi-family complex. The Planning and Zoning Commission recommended approval 7-0. (Z-99-009) Mark Donaldson, Assistant Director of Planning and Development, stated that the request was to rezone the property from conditioned commercial to MF-1. Six property owners were notified at the time of the Planning and Zoning Commission public hearing with a letter of opposition received from the Paces’ Crossing group. This evening a letter had been received from the Paces’ Crossing group in favor of the proposal with three conditions. Those conditions included City of Denton City Council Minutes April 20, 1999 Page 8 planting trees as a visual screen along the mutual property line; provide an eight foot wooden fence and construct a maximum of 312 units on the site. The conditions were acceptable to the applicant. A supermajority vote by the Council would be required if the three conditions were not included. Council Member Kristoferson expressed a concern regarding traffic in the area. The Mayor opened the public hearing. Jonathan Vinson, representing the applicant, stated that staff was recommending approval. The project conformed with the density plan and the development plan. This project would be 15 units per acre. The Planning and Zoning Commission unanimously recommended the project. There was no opposition up to this point and the proposed conditions were supported by the applicant. There would be no impact on the DISD as this would be student housing for North Texas and TWU. The traffic generated by the proposed development would be less than what the property was currently zoned. He felt this was the highest and best use of the property. Adam Jentner stated that the project would have one person per bedroom. There would be the same parking as one space per bedroom. Existing housing projects, on an average, had parking that was 80% occupied with 20% of the spaces open. A history of similar projects indicated that they had a high rate of occupancy that continued over the years. This project used as little as possible of the frontage on I35. Donald Silverman, current property owner of the tract and partner with Pace’s Crossing, stated that of the entire tract of property, this piece was the least desirable piece for commercial development. He felt the highest and best use of this piece of property was multi-family housing. The balance of the property would be used for commercial development. The new hospital in the area had also submitted a letter of support for the project as did he. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-140 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM CONDITIONED COMMERCIAL (C[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A CONDITIONED MULTI- FAMILY 1 (MF-1[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 18.003 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF COLORADO BOULEVARD, APPROXIMATELY FIVE HUNDRED AND FIFTY (550) FEET WEST OF SOUTHERN HILLS BOULEVARD AND THE NORTH SIDE OF THE I-35 EAST FRONTAGE ROAD, IMMEDIATELY EAST OF THE PACE’S CROSSING APARTMENT COMPLEX; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes April 20, 1999 Page 9 Beasley motioned to deny the proposal. The previous case, that was similar to this one, was on a piece of property that was difficult to develop and infill was needed. The other property was close to the University. This property was ideal commercial property along the Interstate with access to a new hospital and a main shopping area. She felt this property should not be used for multi-family housing. She did not want to see a prime price of commercial property used for multi-family housing. Durrance seconded the motion to deny. He questioned this type of student housing and how it would be used. Mayor Miller stated that he would be voting against the motion. The proposal was in compliance with the 1988 Development Plan. There was little frontage suitable on this site for commercial development. He felt there was a need to have proper housing in the City in order to accommodate the students and not have them live elsewhere. Council Member Kristoferson felt that this situation would be a mess, traffic would be a mess and that this was a prime piece of commercial property. On roll vote for denial, Beasley “aye”, Burroughs “nay”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed with a 3-4 vote. Young motioned, Burroughs seconded to adopt the ordinance with the approval of the three previously noted conditions. On roll vote, Beasley “nay”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 4-3 vote. 17. The Council held a public hearing and considered rezoning 49.528 acres from an Agricultural (A) zoning district to a conditioned Single-Family 7 (SF-7[c]) zoning district. The subject property was described as Tract 108 out of the Thomas H. Living Survey (Abstract 729) and was located on the southeast corner of Silver Dome Road and Farris Road intersection. The proposal was to develop a single-family subdivision. The Planning and Zoning Commission recommended approval 7-0. (Z-99-008) Mark Donaldson, Assistant Director for Planning and Development, stated that the request was for SF conditioned zoning. At the Planning and Zoning Commission meeting there had been some opposition from the property owners adjacent to the proposal. At a neighborhood meeting two conditions were developed as noted in the agenda information. The proposal was consistent with 1988 Development Plan and the 1998 Growth Management Strategy. Mayor Pro Tem Beasley asked about road improvements. Donaldson stated that the Thoroughfare Plan required secondary arterials connecting to a new intersection that would be an extension of Windsor Drive. The right-of-way on Windsor would have to platted. The Mayor opened the public hearing. City of Denton City Council Minutes April 20, 1999 Page 10 Greg Edwards stated that the SF-7 zoning was continuing the zoning that was on Deerwood Parkway. Those property owners had requested larger lots adjacent to their homes. He felt that houses on 1800 square foot lots were not a problem for sale of the property and agreed to those size lots. Council Member Cochran asked about restrictions on the Deerwood property concerning materials used on the exterior. Edwards stated that it was felt that it was not an essential protection to add to this proposal. Wallace Batey stated that he was neighbor to the owners of the property. He felt this was a win- win situation for the City and the area residents. The Mayor closed the public hearing. Council Member Cochran expressed a concern about a lack of attention to exterior materials. Donaldson stated that a majority of the zoning cases had some type of restrictions for exterior materials. The following ordinance was considered: NO. 99-141 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO CONDITIONED SINGLE-FAMILY 7 (SF-7[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 49.528 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF SILVER DOME ROAD AND FARRIS ROAD INTERSECTION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Burroughs seconded to approve the ordinance with the previously mentioned conditions plus a condition that the exterior be 75 % masonry. Council Member Durrance stated that he had attended the neighborhood meeting. This was another SF-7 project that he felt was setting a precedent for this size of housing. He still had questions concerning traffic and movement in an intersection. He felt this was speculative zoning and was not in favor of that type of zoning. Council Member Kristoferson felt that this zoning was strictly for the owners of the property and would be artificially inflating the value of the property if granted this zoning. Council Member Young felt that not granting SF-7 housing discriminated against low-income individuals. There was a need for this type of housing and in particular in this area. City of Denton City Council Minutes April 20, 1999 Page 11 Council Member Burroughs asked about placing a time frame to develop the property and if not developed in that time frame, the zoning would revert back to agriculture. Edwards stated that the Cox family was trying to appropriately market the property. The property was under contract with an investor who might hold the property for many years. There were no immediate development plans at this point in time. The zoning was to determine the appropriate use of the property. City Attorney Prouty stated that he had concerns about putting time limits on straight zoning cases such as this as it might be legally questionable. 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. 18. The Council held a public hearing and considered rezoning Tract 2 (11.238 acres) and Tract 3 (22.809 acres) in the M. Austin Survey, Abstract 0004 from a Planned Development (PD) zoning district to a Commercial (C) zoning district. The 34.047 acre property was located on the west side of Loop 288, approximately 485 feet north of the T-intersection of Morse Road and Loop 288. The proposal was for future sale and development. The Planning and Zoning Commission recommended denial 5-0. Dave Hill, Director of Planning and Development, stated that this item had been tabled at a prior City Council meeting to allow staff and the applicant to identify the extent of floodplain on the property and the amount that would be dedicated to the City. He reviewed the layout of the proposal. The approved PD41 concept plan for this parcel dedicated approximately 14.87 acres to the City. Staff recommendation was a total dedication of 15.044 acres. The applicant felt that was too much and offered 9.214 acres. Staff also recommended that if commercial rezoning was approved that a floor to area ratio of 0.38 be used. A super majority vote by Council was required as the Planning and Zoning Commission had recommended denial. The Mayor opened the public hearing. Kent Key stated that he had asked the Planning and Zoning Commission to deny the proposal in order to get it before Council. He was concerned about the direction the dedication was going. He felt an 8 acre dedication was fair. The flood plain issue seemed to be the only issue with staff. He was willing to go back to the 10.65 acres of original dedication. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-142 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD-41) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 34.047 ACRES OF LAND LOCATED ON THE WEST SIDE OF LOOP 288, APPROXIMATELY 485’ City of Denton City Council Minutes April 20, 1999 Page 12 NORTH OF THE T-INTERSECTION OF MORSE ROAD AND LOOP 288; 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 of 10.65 acres of total flood plain dedication, the City’s standard lighting condition in addition to the other conditions recommended by the Planning and Zoning Commission. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 19. The Council held a public hearing regarding the proposed annexation of an 80.70 acre tract located on the south side of McKinney Street and was directly opposite of Trinity Road, in the City of Denton’s extraterritorial jurisdiction. (Trinity Meadows) Mark Donaldson, Assistant Director for Planning and Development, stated that this was the first scheduled public hearing for this annexation. A preliminary plat had been received that indicated three large lots and one small lot. Manufactures homes would be on the site. Currently the site was not subject to manufactured home regulations. Annexation would bring the property into the City and would then be required to meet those regulations. A portion of the property was already in city limits. The Mayor opened the public hearing. The following individuals spoke during the public hearing. Amy Pennington, 619 Burning Tree, Coppell – favor Nona Sternavet, 6136 E. McKinney, Denton, 76201 – favor Cosgrove Sedellion, 619 Burning Tree, Coppell - favor Weldon Burgoon, Rt. 2, Box 634B, Denton, 76201 – opposition Richard Hayes, 819 W. Oak, Denton, 76201 – opposition The Mayor closed the public hearing. 20. The Council held a public hearing regarding the proposed annexation of 100.30 acres located on the northwest corner of Loop 288 and Stuart Road intersection, in the City of Denton’s extraterritorial jurisdiction. (Mesquite Meadows) Mark Donaldson, Assistant Director of Planning and Zoning, stated that the proposal was for 2 lots on the property - one inside the city limits and one outside the limits. A manufactured home park would be on one of the lots. The Mayor opened the public hearing. No one spoke in favor of the proposal. The following individual spoke during the public hearing: Richard Hayes, 819 W. Oak, Denton, 76201 - opposition City of Denton City Council Minutes April 20, 1999 Page 13 The Mayor closed the public hearing. 21. The Council held a public hearing regarding the proposed annexation of a 19.90 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher road, in the City of Denton’s extraterritorial jurisdiction. (Lubbers Addition) Mark Donaldson, Assistant Planning Director, stated that the preliminary plat had been approved. No sewer connection was proposed as individual septic systems were to be used. A private cooperative well would serve the manufactured housing unit. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Wade Willis, Edwards Road, Denton, 76208 – favor Zack Mason, 6188 Sunshine Road, Denton, 76208 - favor Richard Hayes, 819 W. Oak, Denton, 76201 - neutral The Mayor closed the public hearing. VARIANCE 22. The Council considered an exaction variance from Section 34-114 (17) of the Code of Ordinances concerning sidewalks for the Mill Street Addition. The applicant proposed no sidewalk along the frontage of the property. The 0.51 acre property was located on the southeast corner of East Mill Street and Industrial Street. The Planning and Zoning Commission recommended denial 6-0. (V-99-002) Dave Hill, Director of Planning and Development, stated that this was for a variance for the Mill Street Addition. The Planning and Zoning Commission had denied the request. Some sidewalks were already in the area. The cost for the sidewalks would not be any greater than other residential properties in the area. The plat had approved sidewalks in the construction plans. Council Member Young stated that the sidewalks were already on the north side of the street and were planned for Mill Street to Wye Street. There was no need for sidewalks on the south side of the street. Johnny Crabtree stated that some properties did not want a sidewalk. Young motioned to approve the variances. Motion died for lack of a second. Beasley motioned, Cochran seconded to approve the variance on Industrial Street but keep the sidewalks on Mill Street. 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. City of Denton City Council Minutes April 20, 1999 Page 14 ITEMS FOR INDIVIDUAL CONSIDERATION 23. The Council considered approval of a resolution of the City of Denton, Texas, accepting and expanding its extraterritorial jurisdiction into approximately 800 acres of land released from the Town of Northlake, Texas extraterritorial jurisdiction; authorizing the Mayor to execute an interlocal apportionment agreement between the municipalities; providing a severability clause; and providing an effective date. Dave Hill, Director of Planning and Development, stated that this item was an agreement with Northlake regarding the accepting and expanding the common extraterritorial jurisdiction. Northlake was in favor of the annexation proposal. This resolution would not allow a water district to form in the area. The following resolution was considered: NO. R99-016 A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACCEPTING AND EXPANDING ITS EXTRATERRITORIAL JURISDICTION INTO APPROXIMATELY 800 ACRES OF LAND RELEASED FROM THE TOWN OF NORTHLAKE, TEXAS EXTRATERRITORIAL JURISDICTION; AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL APPORTIONMENT AGREEMENT BETWEEN THE MUNICIPALITIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Burroughs 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. 24. The Council received a preliminary assessment, held a discussion and considered approval of a schedule of public hearings with regard to the proposed voluntary annexation of a 2,745.51 acre tract of land located west of I-35W, north of Crawford Road, and east of Florence Road. Dave Hill, Director of Planning and Development, reviewed the schedule of public hearings for the property. Robson was requesting that the City withdraw its involuntary annexation and allow the entire tract to be voluntarily annexed. It was recommended to continue with the schedule until the interlocal agreement was signed by Northlake. Beasley motioned, Burroughs seconded to approve the schedule. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 25. The Council considered adoption of three ordinances annexing three tracts of land located in the southwestern section of the city of Denton extraterritorial jurisdiction, amounting to 3,102 acres of land. (First Reading) City of Denton City Council Minutes April 20, 1999 Page 15 A. Tract #1 (A-80): approximately 1,952 acres of land located at the southwestern edge of the city of Denton’s extraterritorial jurisdiction, between Crawford and Lively roads, approximately 5,800 feet west from I-35W, and east from Florence Road. (Robson property) B. Tract #2 (A-81): approximately 125 acres of land, 1,000 feet in width extending north from Crawford Road, and extending to the west approximately 5,800 feet from I-35W. C. Tract #3 (A-82): approximately 1,025 acres of land, located between I-35W and U.S. 377, north of Crawford Road, and south of Alred Road. Dave Hill, Director of Planning and Development, indicated that Council should vote separately on each ordinance. Cochran motioned, Burroughs seconded to adopt the ordinance associated with (A-80)-Tract #1. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Cochran motioned, Burroughs seconded to adopt the ordinance associated with (A-81)-Tract 2. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. The following individuals spoke regarding Tract #3: Patricia Brown, Route 2, Box 319, Argyle, 76226 – opposition Peggy Smith Bassham, Route 2, Box 320B, Argyle, 76226 - opposition David Saxe, 8023 Bonnie Brae, Argyle, 76226 - opposition Chris Bancroft, 1621 N. Elm, Denton, 76201 – opposition Council Member Kristoferson asked if there would be a possibility that the area could be annexed but not provide services or tax them until the utility lines were in place. City Attorney Prouty stated that it was possible in some areas to do a limited annexation for limited purposes. That did not apply to Denton. Cochran motioned,, Young seconded to adopt the ordinance associated with (A-82)-Tract #3 comprising 472 acres of the Huffines property and remove from the annexation Tracts A, B, C, D, E, F and G. On roll vote, Beasley “aye”, Burroughs “nay”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “nay”. Motion failed with a 4-3 vote as a super majority vote was required. Durrance motioned, Miller seconded to adopt the ordinance associated with (A-82)-Tract #3 as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion failed with a 5-2 vote as a super majority vote was required. City of Denton City Council Minutes April 20, 1999 Page 16 Burroughs motioned, Young seconded for a reconsideration of the motion to adopt the ordinance associated with (A-83)-Tract #3 excluding Tracts A-G. 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. 26. The Council considered adoption of an ordinance annexing a 52.49 acre tract located on the south side of Ryan Road, 150 feet east of Forestridge Drive; establishing a Single-Family 16 (SF-16) zoning district on the northern 20.98 acres and a Single-Family 10 (SF-10) zoning district on the remaining 31.51 acres; and providing for an effective date. The Planning and Zoning Commission recommended approval. (A-79 – First Reading) Dave Hill, Director of Planning and Development, stated that the annexation and zoning would be considered at the same time with this ordinance. A super majority vote was required by Council. The following ordinance was considered: NO. 99-143 AN ORDINANCE ANNEXING A 52.49 ACRE TRACT LOCATED ON THE SOUTH SIDE OF RYAN ROAD, 150 FEET EAST OF FORESTRIDGE DRIVE; ESTABLISHING A SINGLE-FAMILY 16 (SF-16) ZONING DISTRICT ON THE NORTHERN 20.98 ACRES AND A SINGLE-FAMILY 10 (SF-10) ZONING DISTRICT ON THE REMAINING 31.51 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 27. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Linwood Roberson and Eula Bell Roberson relating to the purchase of 0.054 acres of land for the expansion of U.S. Highway 77 (Parcels 56 and 57); authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered: NO. 99-144 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND LINWOOD ROBERSON AND EULA BELL ROBERSON RELATING TO THE PURCHASE OF 0.054 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCELS 56 AND 57); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes April 20, 1999 Page 17 Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 28. The Council considered adoption of an ordinance authorizing the City Manager to execute an assignment of a real estate contract to the City of Denton from R. D. Smith, Trustee, relating to the purchase of 6.174 acres of land for use by the Utility Department for future expansion needs of solid waste and water; authorizing the expenditure of funds therefor; and providing an effective date. This item was not considered. 29. The Council considered an ordinance of the City of Denton, Texas authorizing settlement of litigation Cassie Dean Johnson, Administratrix of the Estate of Aaron McCoy v. City of Denton, Cause No. PR-94-458-01 and Caddie Dean Johnson v. City of Denton, Cause No. 94- 459-01, currently pending in the Probate Court of Denton County, Texas pursuant to the terms stated in the attached compromise settlement agreement and release of claims; authorizing the City Manager and the City Attorney to act on the City’s behalf in executing any and all documents, and to take such other actions deemed necessary to finalize the settlement and release of claims; authorizing the expenditure of funds necessary to effect the settlement in an amount not to exceed $10,000, plus such other court costs and ad litem fees which the Court may order the City to pay; and declaring an effective date. The following ordinance was considered: NO. 99-145 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF LITIGATION CASSIE DEAN JOHNSON, ADMINISTRATRIX OF THE ESTATE OF AARON MCCOY V. CITY OF DENTON, CAUSE NO. PR-94-458-01 AND CADDIE DEAN JOHNSON V. CITY OF DENTON, CAUSE NO. 94-459-01, CURRENTLY PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS PURSUANT TO THE TERMS STATED IN THE ATTACHED COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY’S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO EFFECT THE SETTLEMENT IN AN AMOUNT NOT TO EXCEED $10,000, PLUS SUCH OTHER COURT COSTS AND AD LITEM FEES WHICH THE COURT MAY ORDER THE CITY TO PAY; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes April 20, 1999 Page 18 30. The Council considered an ordinance authorizing the City Manager to execute a contract for professional legal services with Wood, Thacker & Weatherly, P.C. to provide legal services with regard to litigation styled William Allan Stanley, individually and as independent executor of the estate of Dorothy Louise Stanley v. City of Denton, Texas, Cause No. 97-40490-362, Filed nd in the 362 District Court of Denton County, Texas, authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered: NO. 99-146 AN ORDNANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH WOOD, THACKER & WEATHERLY, P.C. TO PROVIDE LEGAL SERVICES WITH REGARD TO LITIGATION STYLED WILLIAM ALLAN STANLEY, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF DOROTHY LOUISE STANLEY V. ND CITY OF DENTON, TEXAS, CAUSE NO. 97-40490-362, FILED IN THE 362 DISTRICT COURT OF DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Cochran 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. 31. The Council considered approval of a resolution authorizing the City Council to appoint a special Citizens Advisory Committee for the Capital Improvement Program; and declaring an effective date. The following resolution was considered: R99-017 A RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPOINT A SPECIAL CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMENT PROGRAM; AND DECLARING AN EFFECTIVE DATE. Young motioned, Burroughs 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 Member Young appointed the following individuals: Lillie Clark Vicki Hill Ernest McNeill Peggy Fox Wayne Autrey Edwin Fulton Dr. Evelyn Curry Council Member Cochran appointed Martha Len Nelson. City of Denton City Council Minutes April 20, 1999 Page 19 Mayor Pro Tem Beasley appointed the following individuals: Euline Brock Fran Morgan Tim Charles Council Member Kristoferson appointed Tammy Thayer. 32. The Council considered an appointment to the Civil Service Commission. City Manager Jez appointed Kerri Burnside. Cochran motioned, Beasley seconded to approve the appointment. 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 nominations/appointments to City Boards and Commissions. Council Member Burroughs nominated Terri Rheault to the Human Services Advisory Committee. Council Member Young nominated Verne Wilson to the Keep Denton Beautiful Board. Beasley motioned, Durrance seconded to waive the Council’s rules and vote on the nominations at this meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. On roll vote for the two nominations. Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 34. The Council considered a motion to authorize the holding of a City Council meeting outside of City Hall. Burroughs motioned, Beasley seconded to authorize the holding of a City Council meeting outside of City Hall. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 35. Miscellaneous matters from the City Manager. City Manager Jez did not have any items for Council. 36. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young requested a possible change in design of the underpass at Robertson and Bell Avenue. 37. The Council continued with their Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. City of Denton City Council Minutes April 20, 1999 Page 20 38. There was no official action on closed Meeting items held under Sections 551.071 – 551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned. __________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS