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Minutes May 18, 1999CITY OF DENTON CITY COUNCIL MINUTES May 18, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, May 18, 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, Durrance, Kristoferson, and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071. The Council 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 nd Denton County Fresh Water Supply District No. 5, Cause No. 99-40158-362, filed in the 362 District Court of Denton County, Texas, including strategy and possible settlement negotiations. 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. Regular Meeting of the City of Denton City Council on Tuesday, May 18, 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. Presentation of Proclamations Mayor Miller presented a proclamation for “National Safe Boating Week” to Lee Dryja with the Coast Guard Auxilliary. 3. The Council considered a request for an exception to the Noise Ordinance from the Parks and Recreation Department for 1999 Juneteenth Activities at Fred Moore Park on June 18 and 19. The request was for an exception until 1:00 a.m. on Friday, June 18 and Saturday, June 19. The activities were coordinated by Elihu Gillespie, Parks and Recreation Leisure Services Supervisor. City of Denton City Council Minutes May 18, 1999 Page 2 Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. CONSENT AGENDA Beasley motioned, Young seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller Miller “aye”. Motion carried unanimously. 4. NO. 99-160 AN ORDINANCE AMENDING ORDINANCE NO. 98-378 BY CANCELING THE AWARD OF BID NO. 2281 TO CALVERT PAVING CORPORATION AND IN LIEU THEREOF AWARDING THE PUBLIC WORKS CONTRACT FOR THE ANNUAL CONTRACT FOR CONCRETE WORK TO FLOYD SMITH CONCRETE, INC., IN THE ESTIMATED AMOUNT OF $550,000; AND PROVIDING AN EFFECTIVE DATE) 5. NO. 99-161 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2355 – LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN AWARDED TO DICKERSON CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $269,307.50) 6. NO. 99-162 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER TO FRAZER, INC. FOR THE ACQUISITION OF TWO CLASS I AMBULANCES BY WAY OF AN INTERLOCAL AGREEMENT WITH THE DALLAS/FT. WORTH INTERNATIONAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94831 – FRAZER, INC. IN THE AMOUNT OF $167,600) 7. NO. 99-163 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIRE FIGHTING EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND City of Denton City Council Minutes May 18, 1999 Page 3 PROVIDING AN EFFECTIVE DATE (BID 2350 – FIRE FIGHTING EQUIPMENT AWARDED IN THE TOTAL AMOUNT OF $238,178.46) 8. NO. 99-164 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK BEDS AND BODIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2363 – TRUCK BEDS AND BODIES AWARDED IN THE AMOUNT OF $27,226) 9. NO. 99-165 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT AGREEMENT NO. 1 TO THE PARK MANAGEMENT CONTRACT BETWEEN THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND THE CITIES OF DALLAS AND DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. 10. NO. 99-166 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE DACW63-1-91-0545 THE CITIES OF DALLAS, TEXAS AND DENTON, TEXAS, RAY ROBERTS LAKE, TEXAS WITH THE CITY OF DALLAS AND THE SECRETARY OF THE ARMY (GOVERNMENT) EXPANDING THE LEASED AREA TO ENCOMPASS VARIOUS WETLANDS DEVELOPMENT AND THE GREENBELT, AND PROVIDING OTHER CHANGES AS SET FORTH IN MORE DETAIL IN THE BODY OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 11. NO. 99-167 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 12. Tax refund to Paging Network of Dallas/Ft. Worth for $1,085.24 due to Supplement #10 from the Denton Central Appraisal District, which corrected the tax liability, resulting in an overpayment. PUBLIC HEARINGS 13. The Council held a public hearing and considered rezoning 115 Woodrow Lane from a Multi-family 1 (MF-1) zoning district to a Commercial (C) zoning district. The 0.58 acre property was legally described as Tract 86 out of the Jonathan Brock Survey (Abstract 55) and City of Denton City Council Minutes May 18, 1999 Page 4 was located on the east side of Woodrow Lane, south of McKinney Street. The proposal was to construct a pawn shop. (The Planning and Zoning Commission recommended approval (6- 0) with conditions.) (Z-99-017) Mark Donaldson, Assistant Director of Planning, stated the property was approximately one- half acre located on the east side of Woodrow, south of McKinney. The most distinctive feature in the vicinity was the Denton County Courthouse and jail facilities. Eight property owners who were within the 200-foot radius were notified and no responses had been received. The Planning and Zoning Commission recommended approval with an additional condition, the standard lighting condition. Council Member Cochran stated that this was the brightest spot in town at night since this was directly across from the county complex and the additional condition would not make a lot of difference one way or another. Mayor Miller stated that for the apartment dwellers behind the property it could make a difference. Even though the county complex was brightly lit, that was across the street and half a block down. Council Member Kristoferson asked about plans for the exterior of the building. Buildings in close proximity had masonry exteriors. Donaldson stated there was nothing offered by the applicant and no conditions were attached by the Planning and Zoning Commission. Council Member Kristoferson asked if part of the approval could include a condition for a masonry exterior. Mayor Miller stated they could make it conditioned zoning. Mayor Miller opened the public hearing. Eric Fry, 1102 Broadway, was the petitioner. Mayor Miller asked Mr. Fry if he had a problem with a brick or masonry siding condition. Fry stated yes, for a small business it would affect the cost efficiency of putting brick on a larger building. He stated a lot of the buildings in the area were metal buildings with masonry or stone along the front. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-168 City of Denton City Council Minutes May 18, 1999 Page 5 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY 1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.58 ACRES OF LAND LOCATED ON THE EAST SIDE OF WOODROW LANE, SOUTH OF MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-017) Burroughs motioned, Beasley seconded to approve the ordinance with the standard lighting condition and a requirement for a masonry frontage on the building. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried 6-1. 14. The Council held a public hearing and considered amending the conditions of Ordinance 98-153 to permit an additional two land uses, specifically a veterinarian clinic (with no outside runs or pens) and a nursing home or residence home for the aged, and one monument sign per lot as well as one building (wall) sign per office building. The 4.982 acre property was legally described as Tract 7 out of the J. Fisher Survey (Abstract 421) and was located on the east side of Teasley Lane, opposite of Bent Oaks Drive. (The Planning and Zoning Commission recommended approval (6-0) with conditions.) (Z-99-022) Mark Donaldson, Assistant Director of Planning, stated the site was located along the east side of Teasley, south of its intersection with Windriver Lane and Lillian Miller. The nearest significant features in the area were the fire station and library. The request was to amend two conditions that were included in Ordinance No. 98-153 by adding two additional land uses to one condition and clarifying allowed signs in the other condition. Fourteen property owners were notified of the zoning request. Two responses were received, one in favor and one opposed. A neighborhood meeting was held on March 29. No one other than the applicant and staff attended. Donaldson stated the amendment to the permitted uses was to add a veterinarian clinic without outside runs or pens and to allow a nursing home or residence home for the aged. In regards to the sign condition, the request was to clarify it to allow wall signs on the buildings with the provision that no wall signs would be allowed on any wall of a building that faced and abutted Teasley Lane and that monument signs which were free-standing ground signs would be allowed pursuant to the sign code allowing one monument sign per lot plus one additional monument sign that would serve the subdivision as a whole and would be located on a corner lot. The tract was in the process of being subdivided into nine individual lots and extending a street that would be known as Bent Oaks Court as a cul-de-sac into the interior of the parcel creating two corner lots. Under the sign code, lots were permitted ground signs abutting each street frontage so on one of those two corner lots, two signs would be allowed––one serving the subdivision and one serving the individual building. The Planning and Zoning Commission recommended approval of the amendment 6-0 at the April 14 meeting. Mayor opened the public hearing City of Denton City Council Minutes May 18, 1999 Page 6 Craig Irwin, 525 S. Carroll, spoke for the petitioner. Mayor Pro Tem Beasley asked if these were going to be residential-type looking offices. Irwin stated yes. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-169 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 98-153 WHICH ESTABLISHED A OFFICE (O[C]) CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.982 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE, OPPOSITE OF BENT OAKS DRIVE; 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-99-022) Kristoferson motioned, Beasley seconded to adopt the ordinance with the conditions. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 15. The Council held a public hearing and considered amending condition two (2) of Ordinance No. 95-116. The 2.0-acre property was legally described as Tract II of the Daniel Lombard Survey (Abstract No. 784) in the City of Denton, Denton County, Texas. The property was located on the south side of Interstate 35 adjacent to Carpet Max. The proposal was to allow for an additional ten thousand (10,000) square feet of floor for a gymnastics training facility. (The Planning and Zoning Commission recommended approval 6-0 with conditions.) (Z-99-019) Mark Donaldson, Assistant Director of Planning, stated the request was to amend one condition. Ordinance No. 95-116 created a maximum square foot allowance of 25,000 square feet on the 4.3-acre site. The Carpet Max building was located on Lot 1 of the subdivision and Lot 2 was currently vacant. The Carpet Max building was 15,000 square feet, which left 10,000 square feet for the remaining lot. The applicant had requested that an additional 10,000 square feet of space be allowed on Lot 2 bringing the total floor area to 35,000 square feet. Four property owners were notified of the zoning request. Two responses were received––one in favor and one neutral. The Planning and Zoning Commission recommended approval with the addition of the standard lighting condition. City of Denton City Council Minutes May 18, 1999 Page 7 Council Member Durrance expressed concern that the expansion was on a square foot basis and being an entryway to the city, asked if the applicant would be able to comply with the current landscape ordinance even though they were previously zoned. Donaldson stated yes. The landscape ordinance was triggered by development activity so when they receive their building permit they would be required to meet the landscape ordinance. There was one condition of the original ordinance that dealt with landscaping which was to preserve all the trees that were two inches or greater within 25 feet of the property line so that will be over and above the landscape ordinance. Mayor Pro Tem Beasley was concerned that by doubling the size of the building would they be able to meet the parking requirements. Donaldson stated that they had seen a preliminary site plan that described parking and as it was presented it would meet the requirements of the ordinance. The Mayor opened the public hearing. Craig Irwin, 525 S. Carroll, was present representing the seller of the property. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-170 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AMENDMENT OF CONDITION TWO (2) OF ORDINANCE NO. 95-116 (EXHIBIT A, ATTACHED HERETO) ALLOWING THE TOTAL FLOOR AREA FOR ALL BUILDING(S) CONSTRUCTED ON THE 4.2721 ACRES SHALL NOT EXCEED 35,000 SQUARE FEET; LOCATED ON THE SOUTH SIDE OF I-35E; APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTER; AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEROF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-019). Beasley motioned, Young seconded to approve the ordinance with the original conditions and the standard lighting condition. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 16. The Council held a public hearing regarding the proposed voluntary annexation of 65.174 acres located south of Nowlin Road on the east side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road in the extraterritorial jurisdiction of the City of Denton, Texas. City of Denton City Council Minutes May 18, 1999 Page 8 Mark Donaldson, Assistant Director of Planning, stated this was the second of two public hearings regarding this tract of land. He stated it was located in south Denton near the intersection of Teasley Lane and Hickory Creek Road. It had land within city limits on both its east and west boundaries –– to the east was the Oakmont Country Club area and to the west Hickory Creek Road leads to McNair Elementary School, a recently platted subdivision which was L-shaped was south of Hickory Creek Road called Hickory Creek Ranch, and a subdivision in Denton’s ETJ which was Old Alton Estates. Since the first public hearing a week ago, staff had talked with the applicant and they had requested that the Planning and Zoning consideration be moved from the May 26 meeting to the June 9 meeting to give them the opportunity to conduct a neighborhood meeting and to explore the idea of creating a planned development zoned district rather than the three straight zoning districts that were originally proposed. Mayor Miller asked if that would change the schedule. Donaldson stated it would not change the City Council consideration, just the Planning and Zoning consideration. The Mayor opened the public hearing. Bob Nelson, 3329 Dunes Street, asked the Council’s favorable consideration for annexing the property. Greg Johnson, 1213 Vista Verde, asked if this was still planned to be multi-family and commercial or would it be changed. Mayor Pro Tem Beasley stated that the Council was not looking at the zoning just the annexation. Council Member Kristoferson stated that the developer had submitted a planned development that included 24 acres of multi-family, 9 acres of commercial, and 31 acres of single family. But the developer had requested a postponement so that they could hold more neighborhood discussions. The Mayor closed the public hearing. The Mayor instructed staff to proceed with the schedule with the modification of the time when it will go to the Planning and Zoning Commission. 17. The Council held a public hearing to consider rezoning 2.093 acres from an Agricultural (a) zoning district to a General Retail with conditions (GR[c]) zoning district. The property was legally described as 2.093 acres in the Gideon Walker Survey (Abstract A-1330) and was located on the north side of Interstate Highway 35 East Service Road, approximately 500 feet south of Pockrus Page Road. The proposed zoning would allow retail development. City of Denton City Council Minutes May 18, 1999 Page 9 (The Planning and Zoning Commission recommended approval (6-0) with conditions.) (Z-99- 018, Old Denton Trail) Mark Donaldson, Assistant Director of Planning, handed out a copy of the allowed uses within the general retail district to the Council. The site was located along I-35E north and east of the Rails to Trails corridor. Some of the features in the immediate area were James Wood Autopark across the interstate, the new Denton Regional Medical Center Hospital to the north and west. There was a new mobile home sales operation on the adjacent lot, which had commercial zoning. Six property owners were notified of the request. One response in favor was received. The Planning and Zoning Commission recommended approval with three conditions. One condition was the standard lighting condition. The second condition would create a limit of lot coverage to 25 percent in order to mitigate traffic impacts in the area. The third condition was a requirement of a masonry façade on the front excluding windows and doors. Council Member Kristoferson stated she had requested the permitted uses because of other general retail applications the Council had looked at. She stated this was an entry corridor. She stated that staff had asked the Council to consider planned developments for a lot of the zonings along this corridor. As it stands right now, this would be a straight zoning, which meant that the only thing the Council would see would be a preliminary plat. There would be no design considerations, no use considerations, and any and everything on the permitted use list could be done with no further request. Council Member Kristoferson asked what would be required to fulfill a planned development (which would be a PD-General Retail) so that Council would have some oversight to design a detailed plan. Donaldson stated that one of the conditions that the zoning ordinance allowed was to attach to zoning requests a condition for site plan approval which would be comparable to the detailed plan step of the planned development process. That might be the easiest way to achieve the site plan review –– to attach a condition that prior to development a site plan be approved. Council Member Kristoferson asked if the strongest limitation for uses would be a planned development and deny straight zoning for general retail or to do site plan review. City Attorney Prouty stated they were comparable. Uses could be limited with either the site plan or the planned development. Mayor Miller asked if the condition could include site plan approval and also use approval. Donaldson stated yes, it would probably be best to do it right now. City Attorney Prouty stated that they could go through the list and put a condition eliminating the uses the Council found objectionable. City of Denton City Council Minutes May 18, 1999 Page 10 Council Member Cochran suggested giving the list of uses to the applicant and table the item for now, proceed with the meeting, and come back to this item. The Mayor opened the public hearing. William E. Mott, 8038 Abramshire Avenue, Dallas, stated he was the real estate broker representing the seller. The contract for the sale of this property was contingent upon the zoning. Mayor Pro Tem Beasley stated that if the buyer knew what kind of use he was going to have there maybe some of the uses could be taken off the list. Mott stated that the use was brand new automotive accessories, truck accessories, and parts. It all comes in boxes from the manufacturer and it was a clean business. Mayor Miller asked Mr. Mott if he could go through the list tonight with the staff and cross off the objectionable uses. Mott stated yes. Mayor Miller suspended the public hearing while the applicant went through the permitted use list. VARIANCE 18. The Council considered approval of exaction variances from Section 34-114(17), concerning sidewalks, and Section 34-114(5)b, concerning perimeter paving standards, of Chapter 34 of the Code of Ordinances (Subdivision and Land Development Regulations) for a 3.00 acre property in Division One of the City of Denton’s Extraterritorial Jurisdiction (ETJ). The property was located on the east side of Egan Road approximately 346 feet north of Jim Christal Road. Proposal was for one (1) single-family lot. (The Planning and Zoning Commission recommended approval.) (V-99-006) Mark Donaldson, Assistant Director of Planning, stated the property was located west of town, south of Highway 380, with Masch Branch Road going north and south, Jim Christal paralleled Highway 380 south of it and Egan connected the two. The area was small ranches and a large lot single family development. The Planning and Zoning Commission recommended approval of a partial variance with a dollar amount established that reflected what a typical single family home would spend on sidewalks and perimeter paving improvements, $1150 on sidewalk and $5400 for perimeter paving. Those numbers were established by reviewing the Engineering Department’s contracts over a length of time. Those funds would go into an escrow account dedicated specifically to upgrading Egan Road at such time the City decided to do that. There had been other variances approved along Egan Road that were also contributing funds towards that account. City of Denton City Council Minutes May 18, 1999 Page 11 Council Member Burroughs asked if there was a time frame within which those funds had to be expended. Donaldson stated he did not think so. Mayor Pro Tem Beasley asked if Egan Road was included in a maintenance agreement with the County and the City had taken over the maintenance. Donaldson stated yes. Council Member Kristoferson asked if the escrow accounts were earning interest. Beasley motioned, Burroughs seconded to approve the partial variances as recommended by staff and the Planning and Zoning Commission for the sidewalks and perimeter paving. 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 approval of a resolution establishing the maximum rates that Marcus Cable/Charter Communications may charge its Denton cable television subscribers for the basic service tier and associated equipment; establishing a maximum hourly service charge; providing a severability clause; and providing an effective date. Betty Williams, Assistant to the City Manager, stated that the public hearing was held April 20. No one spoke at that time. The resolution established maximum permitted charges as recommended by C2 Consulting. John Shrader, 1910 Maid Marion, stated the channel on Carter Cable for weather should run concurrently with the storm warning system that Denton had in place. Mayor Miller stated that he had a speaker card from the following individual regarding the item who did not wish to address the Council: Dennis Ash, 2520 Sherwood Lane, Denton, 76201 - opposition The following resolution was considered: NO. R99-020 A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT MARCUS CABLE/CHARTER COMMUNICATIONS MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT; ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes May 18, 1999 Page 12 Burroughs motioned, Miller seconded approval as per the consultant’s recommendations. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried 5-2. The Public Hearing was re-opened for item #17. David Hill, Director of Planning, submitted the permitted uses list. Council Member Kristoferson did not want to include the radio and microwave tower use in the list. Council Member Durrance asked if the applicant would agree to three sides of the building having a masonry front. Mr. Mott stated he did not know. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-171 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL WITH CONDITIONS (GR(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.093 ACRES OF LAND LOCATED IN THE GIDEON WALKER SURVEY (ABSTRACT A-1330) NORTH SIDE OF INTERSTATE HIGHWAY 35 EAST SERVICE ROAD, APPROXIMATELY 500 FEET SOUTH OF POCKRUS PAGE ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99- 018) Young motioned to approve with all uses acceptable to the applicant. The motion died for lack of a second. Burroughs motioned, Kristoferson seconded to approve the ordinance with the following permitted uses: Day Nursery or Kindergarten School; Accessory Building; Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector); Auto Sales and Repair (In Building); New Auto Parts Sales Stores; Antique Shop; Florist or Garden Shop; Greenhouse or Plant Nursery (Retail); Offices, Professional and Administrative; Retail Stores and Shops - 4,000 square feet or less; Retail Stores and Shops – Over 4,000 square feet; Studio for Photographer, Musician, Artist or Health; Animal Clinic or Hospital (no outside runs or pens); the conditions sited from the Planning and Zoning Commission; and a condition that it would be subject to a site plan review prior to development. On roll vote, Beasley “aye”, City of Denton City Council Minutes May 18, 1999 Page 13 Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 20. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Joanna McNary, relating to the purchase of 0.013 acres of land for the expansion of U.S. Highway 77 (Parcel 49); authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 99-172 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOANNA MCNARY RELATING TO THE PURCHASE OF 0.013 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 49); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to approve 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 approving a real estate contract between the City of Denton and W.C. Orr, III, Gena Orr Wilks, Dorothy Orr Stoval, Robert Edmond Orr, individually and as independent executor of the Estate of Walter E. Orr, Sharon Orr Duncan, and Connie Griffith, relating to the purchase of 1.370 acres of land for the expansion of U.S. Highway 77 (Parcel 40); authorizing the expenditure of funds therefore; and providing an effective date. The item was pulled from the agenda. 22. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting parking on College Street from Elm Street to Locust Street and the north side of College Street from Bell Avenue to Frame Street; on the north side of East Congress Street from Locust Street to Oakland Street; on the north side of Egan Street from Coit Street to Bolivar Street; on the east side of the alley between Elm Street and Bolivar Street from Third Street to Second Street; on the north side of Ferguson Street from Elm Street to Locust Street; on the alley between Elm Street and Locust Street from Parkway Street to McKinney Street; on the north side of Maple Street from Elm Street to Locust Street; on the east side of Oakland Street from Texas Street to Withers Street; on Pirtle Street from Vine Street to Frame Street; on the south side of Sawyer Street from North Locust Street to Oakland Street; on the south side of Second Street from Bolivar Street to Locust Street; on Third Street from Bolivar Street to Elm Street and the north side of Third Street from Austin Street to Oakland Street; City of Denton City Council Minutes May 18, 1999 Page 14 providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. This item was considered with Item #23. 23. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting parking on the west side of Bolivar Street from E. University Drive to Pearl Street; on the east side of Austin Street from Oakland Street to E. Parkway Street; on Frame Street from Grove Street to Schmitz Street and on the east side of Frame Street from Schmitz Street to Mingo Road; on the south side of Schmitz Street from Bell Avenue to Mingo Road; on the west side of Vine Street from Grove Street to Texas Street, the east side of Vine Street from Grove Street to College Street and the east side of Vine Street from Texas Street to Withers Street; on Withers Street from Oakland Street to Mingo Road; repealing the angle parking designation on the south side of Oakland Street from Austin Street to 160 feet east of Austin Street; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Council Member Cochran asked for some clarification regarding the repealing of the angle parking designation on the south side of Oakland Street from Austin Street to 160 feet east of Austin Street. Deputy City Manager Rick Svehla stated that the City did not need it designated as angle parking because it was private property and the City should not be regulating it. Council Member Cochran asked if the parking across the street from the shops on Oakland was TWU parking. Svehla stated they were City streets but there was an existing ordinance that gave the control of parking on that particular section of Oakland to TWU. Council Member Cochran stated that some of the people from the shops had to purchase a parking permit from TWU to park there since the angle parking was going to be difficult for the property owners to enforce. He asked if staff could talk with TWU about lowering the cost of parking permits on public streets. He pointed out that TWU employees received a discount on their parking permits. The following ordinances were considered: NO. 99-173 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON COLLEGE STREET FROM ELM STREET TO LOCUST STREET AND THE NORTH SIDE OF COLLEGE STREET FROM BELL AVENUE TO FRAME STREET; ON THE NORTH SIDE OF EAST CONGRESS STREET FROM LOCUST STREET TO OAKLAND STREET; ON THE NORTH SIDE OF EGAN STREET FROM COIT STREET TO BOLIVAR STREET; ON THE EAST SIDE OF THE City of Denton City Council Minutes May 18, 1999 Page 15 ALLEY BETWEEN ELM STREET AND BOLIVAR STREET FROM THIRD STREET TO SECOND STREET; ON THE NORTH SIDE OF FERGUSON STREET FROM ELM STREET TO LOCUST STREET; ON THE ALLEY BETWEEN ELM STREET AND LOCUST STREET FROM PARKWAY STREET TO MCKINNEY STREET; ON THE NORTH SIDE OF MAPLE STREET FROM ELM STREET TO LOCUST STREET; ON THE EAST SIDE OF OAKLAND STREET FROM TEXAS STREET TO WITHERS STREET; ON PIRTLE STREET FROM VINE STREET TO FRAME STREET; ON THE SOUTH SIDE OF SAWYER STREET FROM NORTH LOCUST STREET TO OAKLAND STREET; ON THE SOUTH SIDE OF SECOND STREET FROM BOLIVAR STREET TO LOCUST STREET; ON THIRD STREET FROM BOLIVAR STREET TO ELM STREET AND THE NORTH SIDE OF THIRD STREET FROM AUSTIN STREET TO OAKLAND STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. NO. 99-174 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE WEST SIDE OF BOLIVAR STREET FROM E. UNIVERSITY DRIVE TO PEARL STREET; ON THE EAST SIDE OF AUSTIN STREET FROM OAKLAND STREET TO E. PARKWAY STREET; ON FRAME STREET FROM GROVE STREET TO SCHMITZ STREET AND ON THE EAST SIDE OF FRAME STREET FROM SCHMITZ STREET TO MINGO ROAD; ON THE SOUTH SIDE OF SCHMITZ STREET FROM BELL AVENUE TO MINGO ROAD; ON THE WEST SIDE OF VINE STREET FROM GROVE STREET TO TEXAS STREET, THE EAST SIDE OF VINE STREET FROM GROVE STREET TO COLLEGE STREET AND THE EAST SIDE OF VINE STREET FROM TEXAS STREET TO WITHERS STREET; ON WITHERS STREET FROM OAKLAND STREET TO MINGO ROAD; REPEALING THE ANGLE PARKING DESIGNATION ON THE SOUTH SIDE OF OAKLAND STREET FROM AUSTIN STREET TO 160 FEET EAST OF AUSTIN STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to approve the ordinances. 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 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 Haythe & Curley, New York, New York, pertaining to federal tax issues relating to the sale, assignment, or other divestiture of all or a portion of the electric utility assets of the City of Denton, Texas; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. City of Denton City Council Minutes May 18, 1999 Page 16 Sharon Mays, Director of Electric Utilities, stated that this was the attorney for legal advice required regarding tax issues relative to the sale. The following ordinance was considered: NO. 99-175 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 HAYTHE & CURLEY, NEW YORK, NEW YORK, PERTAINING TO FEDERAL TAX ISSUES RELATING TO THE SALE, ASSIGNMENT, OR OTHER DIVESTITURE OF ALL OR A PORTION OF THE ELECTRIC UTILITY ASSETS OF THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to approve the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried 6-1. 25. The Council considered appointments to a special Citizens Advisory Committee to study capital improvement needs for projects to be included in a January 2000 bond election. Council Member Durrance nominated Elizabeth Zack, Penny Abbott, Cecile Carson, and Linda Weinguard. 26. The Council considered nominations and appointments to the City’s Boards and Commissions. Mayor Miller nominated Joe Bendzick to the Board of Adjustment. Beasley motioned, Durrance seconded to suspend the rules. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. The Council voted on Joe Bendzick as a regular member to the Board of Adjustment. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 27. The Council considered a motion to authorize the holding of a City Council meeting outside of City Hall on May 21 and May 22, 1999 at the Marriott Solana, Education Center, located at 5 Village Circle in Westlake, Texas, to hold the City Council Annual Planning Session. Young motioned, Beasley seconded to hold a the City Council Annual Planning Session on May 21 and May 22, 1999 at the Marriott Solana, Education Center, located at 5 Village Circle in City of Denton City Council Minutes May 18, 1999 Page 17 Westlake, Texas, to hold the City Council Annual Planning Session. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 28. Miscellaneous matters from the City Manager. City Manager Jez reminded the Council to pick up their Comprehensive Plan books after the meeting. 29. New Business The following items of New Business were suggested by Council for future agendas: Council Member Cochran stated that three cases with a new type of usage had come to Council within the last month and expressed a concern with trying to fit the student housing concept into the current zoning ordinance. He would like an item on the next agenda to consider a moratorium on new student housing until the Council could have time to evaluate the parking requirements and other aspects of this type of use. Council Member Kristoferson stated that Mildred Hawk had found historic iron bridges that might possibly work at Fred Moore park. She asked that staff look at the possibility of using Lalor funds for this. City Manager Jez asked Council Member Cochran if he wanted the moratorium on school housing on a work session or regular session. Cochran stated he would like it to move forward as quickly as possible, perhaps a work session and then a special called session. 30. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. 31. There was no official action on Closed Meeting items under Sections 551.071-551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:25 p.m. ___________________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS __________________________________ JANE RICHARDSON City of Denton City Council Minutes May 18, 1999 Page 18 ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS