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Minutes July 20, 1999CITY OF DENTON CITY COUNCIL MINUTES July 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, July 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, Durrance, Kristoferson and Young. ABSENT: Council Member Cochran 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney— Under TEX. GOV’T. CODE Sec. 551.071. 1. Discussed status, hiring of outside law firm, mediation, and possible settlement authority in litigation styled Furstenberg Construction Company v. City of Denton, et al., Cause No. 98-20716-158, pending in th the 158 District Court of Denton County, Texas. 2. 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 nd No. 5, Cause No. 99-40158-362, filed in the 362 District Court of Denton County, Texas, including strategy and possible settlement negotiations. Regular Meeting of the City of Denton City Council on Tuesday, July 20, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Durrance, Kristoferson and Young. ABSENT: Council Member Cochran 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 February 2, February 9, February 16, February 23, March 2, March 23, March 29 and March 30, 1999. Beasley motioned, Burroughs seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. AWARDS/PROCLAMATIONS 3. July Yard of the Month Awards City of Denton City Council Minutes July 20, 1999 Page 2 Mayor Miller presented the Yard of the Month awards to: Eric and Bonnie Carpenter Devin Drake Usvaldo Camacho Gertrude Gibson John White, D.D.S. for commercial property 4. Resolutions of Appreciation A. Senator David Sibley B. Senator Jane Nelson C. Representative Mary Denny D. Representative Ronny Crownover E. Representative Burt Solomons Mayor Miller presented the resolutions for Council consideration. Kristoferson motioned, Burroughs seconded to approve the resolution of appreciation for Senator David Sibley. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. Kristoferson motioned, Burroughs seconded to approve the resolution of appreciation for Senator Jane Nelson. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Beasley motioned, Kristoferson seconded to approve the resolution of appreciation for Representative Mary Denny. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. Burroughs motioned, Kristoferson seconded to approve the resolution of appreciation for Representative Ronny Crownover. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Burroughs motioned, Beasley seconded to approve the resolution of appreciation for Representative Burt Solomons. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. Kristoferson motioned, Burroughs seconded to approve the resolution of appreciation for Senator Tom Haywood. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. CITIZEN REPORTS 5. The Council received a citizen report from David Zoltner regarding Open Meetings after the 76th Legislature. Dr. Zoltner stated that in late June he thought the Council Agenda Committee was going to ignore the closed meeting provision of new legislation. Since his request to speak on the agenda, the briefings had been omitted. He was grateful for the Council’s compliance with the new City of Denton City Council Minutes July 20, 1999 Page 3 legislation. He noted that final action on the agenda must be specifically identified on the agenda in open or closed session. He also stated that elected officials could discuss comments made during closed sessions. It was a violation only if a transcript or tape recording would be released. It was a violation to conduct a straw polling for voting on issues for Council. 6. The Council received a citizen report from Willie Hudspeth regarding drainage easements at 623 Newton Street. Mr. Hudspeth stated that he had been hurt by the Council as he trusted the Council to tell him the truth about the issue regarding the drainage easement. He would continue to come before Council to tell his story about the drainage easement. CNNT AGENDA OSE Beasley motioned, Burroughs seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 7. NO. 99-231 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SIDEWALKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2368 – BELL AVENUE, KINGS ROW AND DRIVE SIDEWALKS, AWARDED TO FLOYD SMITH CONCRETE, INC. - $162,029.65) 8. NO. 99-232 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF HIGH TECH MATERIALS, SUPPLIES AND SERVICES NECESSARY FOR THE NET CONNECT SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV); PROVIDING FOR AN EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. (P.O. #96239 TO DENTECH - $32,400) 9. NO. 99-233 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER DISTRIBUTION SUPPLIERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2362 – WATER METER BOXES, MANHOLE RINGS, LIDS AND RISERS AWARDED TO THE LOWEST BIDDERS LISTED – ANNUAL ESTIMATED EXPENDITURE $300,000) 10. NO. 99-234 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PRINTING, TYPESETTING, DISTRIBUTION AND ADVERTISING SALES SERVICES; PROVIDING FOR THE City of Denton City Council Minutes July 20, 1999 Page 4 EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE. (BID #2370–PARKS AND RECREATION BROCHURES – AWARDED AS LISTED – ESTIMATED NET COST $27,695) 11. NO. 99-235 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF EQUIPMENT TRAILERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2373 – EQUIPMENT TRAILERS TO FUTURE EQUIPMENT - $41,647) 12. NO. 99-236 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF STREET MAINTENANCE EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2374 – RECYCLER STABILIZER TO PROGRESSIVE TRACTOR CORPORATION - $185,342) 13. NO. 99-237 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A LOADER/BACKHOE TRACTOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 2377 – LOADER/BACKHOE TRACTOR – CRESENT MACHINERY - $63,633) 14. Tax Refund to Denton Publishing Company, dba Denton Record Chronicle in the amount of $1,135.77. 15. NO. 99-238 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR TEMPORARY ZONING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR ANNEXED PROPERTY TRACT #1 FOR APPROXIMATELY 1,952 ACRES, LOCATED AT THE SOUTHWESTERN EDGE OF THE CITY OF DENTON’S EXTRATERRITORIAL JURISDICTION, BETWEEN CRAWFORD ROAD AND LIVELY ROAD, APPROXIMATELY 5,800 FEET WEST FROM I-35W, AND EAST OF FLORENCE ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 DOLLARS FOR ANY VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 16. NO. 99-239 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR TEMPORARY ZONING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR ANNEXED PROPERTY TRACT #2 FOR APPROXIMATELY 125 ACRES APPROXIMATELY 1,000 FEET IN WIDTH City of Denton City Council Minutes July 20, 1999 Page 5 EXTENDING NORTH FROM CRAWFORD ROAD, AND EXTENDING TO THE WEST APPROXIMATELY 5,800 FEET FROM I-35W: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 DOLLARS FOR ANY VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS 17. The Council held a public hearing and considered approval of a resolution granting approval of a subsurface use of a portion of Norths Lake Park adjacent to Windsor for the installation and maintenance of communication improvements to accommodate a fiber optic communication line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a permit or license and providing an effective date. Ed Hodney, Director of Parks and Recreation, stated that this public hearing was to complete a State requirement for comments regarding the use of a portion of the subsurface of the North Lakes Park area for fiber optic communication lines. Alternatives were considered as required by State law but were determined to be not feasible for the project. The Parks and Recreation Board recommended approval. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following resolution was considered: NO. R99-029 A RESOLUTION GRANTING APPROVAL OF A SUBSURFACE USE OF A PORTION OF NORTH LAKE PARK ADJACENT TO WINDSOR FOR THE INSTALLATION AND MAINTENANCE OF COMMUNICATION IMPROVEMENTS TO ACCOMMODATE A FIBER OPTIC COMMUNICATION LINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A PERMIT OR LICENSE AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 18. The Council held a public hearing and considered approval of a resolution granting approval of a subsurface use of a portion of the Denton Branch Rail/Trail approximately 600 yards north of the Shady Shores overpass for the installation and maintenance of wastewater improvements to accommodate an 8” sanitary sewer line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a permit or license and providing an effective date. City of Denton City Council Minutes July 20, 1999 Page 6 Ed Hodney, Director of Parks and Recreation, stated that State law required a public hearing for this proposal. This would install wastewater improvements to accommodate an 8” sanitary sewer line in the area. This was the best alternative for the project. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following resolution was considered: NO. R99-030 A RESOLUTION GRANTING APPROVAL OF A SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 600 YARDS NORTH OF THE SHADY SHORES OVERPASS FOR THE INSTALLATION AND MAINTENANCE OF WASTEWATER IMPROVEMENTS TO ACCOMMODATE AN 8” SANITARY SEWER LINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A PERMIT OR LICENSE AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 19. The Council held a public hearing and considered approval of a detailed plan for Planned Development 129 (PD-129) totaling 15.147 acres. The property was legally described as being 15.147 acres in the B.B.B. and C. R. R. Company Survey (Abstract 186) in the City of Denton, Denton County, Texas. It was located west of Stuart Road, north of Wolftrap Drive, south of Aspen, and east of Lido Way. The proposal was for 29 single-family detached lots and 41 duplex lots (totaling 82 units). The Planning and Zoning Commission recommended approval (4-3). (Z99-034, Olympia Creek Court) Mark Donaldson, Assistant Planning Director, stated that two neighborhood meetings were held. The 20% rule was not in effect. The Planning and Zoning Commission recommended approval with no additional conditions beyond what was on the detailed plan. Council Member Burroughs asked if the 1984 Denton Development Guide was in effect in regards to the three year time limitation on planned developments. City Attorney Prouty stated no as this planned development was passed in 1987 and the new Denton Development Plan was passed in 1988. The Council at that time did not take any action in the same status to change the zoning. Beasley motioned, Kristoferson seconded to hold the public hearing and then postpone consideration of the proposal until the legal staff had time to review the ramifications of the 1984 Plan and the 1988 Guide. City of Denton City Council Minutes July 20, 1999 Page 7 Mayor Miller stated that he understood that the Council would have to hold a public haring to change the zoning on the property for consideration of the zoning. This did not apply to this case. The Mayor opened the public hearing. The following individuals spoke regarding the issue: Greg Edwards - favor Dan Gould – favor On roll vote to postpone until August 3, 1999, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried with a 4-2 vote. 20. The Council held a public hearing and considered adopting separate ordinances to annex and zone a 75.71 acre tract located on the south side of McKinney Street and directly opposite of Trinity Road, presently in the City of Denton’s ETJ. (A-84, Trinity Meadows) A. Considered adopting an ordinance on second reading to involuntarily annex the subject 75.71 acre tract; to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. This was the second reading of the ordinance. The Planning and Zoning Commission recommended approval 7-0. B. Held a public hearing and considered adopting an ordinance to zone the subject 75.71 acre tract to an agricultural (A) zoning district. The Planning and Zoning Commission recommended approval 7-0. Mark Donaldson, Assistant Planning Director, stated that the Planning and Zoning Commission had recommended approval of both the annexation and the agricultural zoning. Burroughs motioned, Beasley seconded to postpone consideration of the annexation until the next regular meeting as an involuntary annexation required a super majority vote of Council. He felt it would be best to consider this request with a full Council. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. The Mayor opened the public hearing for the zoning request. The following individuals spoke during the public hearing: Weldon Burgoon – favor for the annexation and zoning Burroughs motioned, Kristoferson seconded to postpone consideration of the proposal and rd continue the public hearing at the August 3 Council meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. City of Denton City Council Minutes July 20, 1999 Page 8 21. The Council held a public hearing and considered adopting separate ordinances to annex and zone an 83.75 acre tract located on the northwest corner of Loop 288 and Stuart Road intersection, presently in the City of Denton’s ETJ. (A-85, Mesquite Meadows) A. Considered adopting an ordinance on second reading to involuntarily annex the subject 83.75 acre tract; to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. The Planning and Zoning Commission recommended approval 6-1. B. Held a public hearing and considered adopting an ordinance to zone the subject 83.75 acre tract to an agricultural (A) zoning district. The Planning and Zoning Commission recommended approval 6-1. Kristoferson motioned, Burroughs seconded to postpone consideration of the annexation until the rd August 3 Council meeting to allow for full Council consideration. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. The mayor opened the public hearing for the zoning request. No one spoke during the public hearing. Burroughs motioned, Beasley seconded to postpone consideration of the request and continue the rd public hearing at the August 3 Council meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. 22. The Council held a public hearing and considered adopting separate ordinances to annex and zone 19.802 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road, presently in the City of Denton’s ETJ. (A-86, Lubbers Addition) A. Considered adopting an ordinance on second reading to involuntarily annex the subject 19.802 acre tract; to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. The Planning and Zoning Commission recommended approval 4-3. B. Held a public hearing and considered adopting an ordinance to zone the subject 19.802 acre tract to an Agricultural (A) zoning district. The Planning and Zoning Commission recommended approval 4-3. Burroughs motioned, Beasley seconded to postpone consideration of the annexation until the rd August 3 Council meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. The Mayor opened the public hearing. No one spoke during the public hearing. City of Denton City Council Minutes July 20, 1999 Page 9 Burroughs motioned, Beasley seconded to postpone consideration of the zoning request and to rd continue the public hearing at the August 3 Council meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. 23. The Council held a public hearing and considered rezoning 4401 East McKinney Street from an Agricultural (A) zoning district to a Light Industrial (LI) zoning district. The 2.39 acre property was located on the northeast corner of Mayhill Road and McKinney Street. The proposal was to permit the operation of an existing commercial business. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-027, The Auto Clinic) Mark Donaldson, Assistant Planning Director, stated that if the owner of the property wanted to improve the property, he would lose the current non-conforming status on the property. Light Industrial zoning was the predominant zoning in the area. Standard lighting conditions and a specific floor area ratio were conditions attached to the zoning request. The 20% rule was not in effect. Council Member Kristoferson questioned if a condition could be added that a site plan review would have to be done before any expansion. Donaldson stated that conditions could be added by Council. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Jo Glenn - 4393 East McKinney – favor Mayor Pro Tem Beasley asked for the reason for the rezoning. Glenn stated that the building was being leased at this time. It was planned to change the building in the future and it would be helpful to have the light industrial zoning in place. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-240 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A LIGHT INDUSTRIAL WITH CONDITIONS (LI[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.39 ACRES OF LAND LOCATED AT 4401 EAST MCKINNEY STREET ON THE NORTHEAST CORNER OF MAYHILL ROAD AND MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-027) City of Denton City Council Minutes July 20, 1999 Page 10 Kristoferson motioned, Burroughs seconded to adopt the ordinance with the conditions recommended by the Planning and Zoning Commission and a provision for a site plan review. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 24. The Council held a public hearing and considered rezoning 2.13 acres from an Agricultural (A) zoning district to a Commercial (C) zoning district. The subject property was located on the south side of I-35 East and south of Lillian Miller Parkway, immediately west of Carpet Max. The proposal was to permit the development of commercial business. The Planning and Zoning Commission recommended approval (4-0) with conditions. (Z-99-030, Carmel Properties) Mark Donaldson, Assistant Planning Director, stated that this property had been zoned agricultural since 1969. The proposed zoning was consistent with the 1988 Denton Development Plan and the Development Guide. The Planning and Zoning Commission had recommended approval with five conditions as noted in the agenda materials. Council Member Kristoferson asked if automobile uses and storage uses could be removed from the list of approved uses. Don Hill, petitioner, replied yes. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-241 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL WITH CONDITIONS (C[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.13 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35 EAST AND SOUTH OF LILLIAN MILLER PARKWAY, IMMEDIATELY WEST OF CARPET MAX; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-030) Kristoferson motioned, Beasley seconded to adopt the ordinance with the recommendations from the Planning and Zoning Commission and staff plus the removal of auto uses and storage and warehouse uses for the list of permitted uses. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes July 20, 1999 Page 11 25. The Council held a public hearing and considered rezoning 17.692 acres from an Agricultural (A) zoning district to a Commercial (C) zoning district. The subject property was located on the north side of I-35 East from Pockrus Page Road to Mayhill Road. The proposal was to permit commercial businesses at this location, including the existing manufactured home retail outlet. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-99-033, I-35 E and Mayhill Road) Mark Donaldson, Assistant Planning Director, stated that the Planning and Zoning Commission had recommended four conditions as noted in the agenda materials. Council Member Kristoferson asked about the procedure to prohibit the expansion of the current use on the additional acres. Donaldson stated that it could be done through the zoning or by limiting the use of the property in that area. Council could also limit the number of units on the property for sale at any particular time. The Mayor opened the public hearing. The following individuals spoke regarding the issue: Mike Davis, Carrollton - favor Mayor Pro Tem Beasley stated that currently there was a ground lease for the property as a site for the sale of manufactured homes. As the property was contiguous with the new hospital property, did the property owner feel that the property might develop to a different use. Davis stated that before 1991, the property had been zoned commercial. A tax advisor recommended in 1991 that the owner rezone the property to agriculture in order to save on taxes. He saw the area as one that would be growing to the south. Currently there was a ground lease on the property that would expire in approximately 10 years. He felt that between now and that time, the property would transition out of the current use to a higher use to conform with what was going on around the hospital. The current business was a temporary business that probably would be gone within 10 years. Mayor Pro Tem Beasley asked about plans for the current business to expand. Davis stated that he had no knowledge of Nationwide expanding the business at this point in time. Other manufactured businesses had called about the location. Mayor Miller stated that the owner wanted to rezone for a future sale of the property. Currently there was a non-conforming use on the property and if rezoned, the owner could expand that use. Davis stated that they would not want to be prohibited from expanding that use. Mayor Miller stated that there might be competing dealers on that site. Davis replied correct. City of Denton City Council Minutes July 20, 1999 Page 12 The Mayor closed the public hearing. Kristoferson motioned, Beasley seconded to deny the proposal. Council Member Young stated that he would be voting against the motion as government did not have the right to tell individuals on how to market their property. Mayor Pro Tem Beasley stated that currently there was a legal non-conforming use on the property. The owners were not going to lose money on that lease. She felt that if the owner wanted, at some point, to market the property at a higher use he could then come in for commercial zoning. She still had a question of expanding the use of the property. Council Member Durrance stated that this was a question of consistency. The proposed zoning was for speculative zoning as there was no current interest in the property for commercial zoning. If something were planned in the future, the owner could then come in for the commercial zoning. He would be voting for the motion. Mayor Miller stated that he would not be in favor of allowing an additional non-conforming use on the added property. He would vote against the motion as it already had that kind of use on the property. The request was for the same zoning as for the hospital zoning that would potentially enhance the property for sale. Zoning would require current standards such as the landscaping ordinance, etc. Council Member Kristoferson stated that she would not support any expanded use of the current ground lease. On roll vote for denial, Beasley “aye”, Burroughs “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed due to a 3-3 tie vote. Young motioned, Miller seconded to approve the request with the stated conditions and staff recommendations. On roll vote, Beasley “nay”, Burroughs “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion failed with a 3-3 tie vote. Mayor Miller stated that due to the tie votes, the item was automatically tabled with a continuation of the public hearing. 26. The Council held a public hearing and considered amending the conditions of Ordinance 98-255, which established a 1.831 acre conditioned Office (O[c]) zoning district. The subject property was located on the east side of Teasley Lane (F. M. 2181) approximately four hundred and seventy-five (475) feet south of the Bent Oaks Subdivision and was commonly known as 3517 Teasley Lane. The request was to add two land uses, specifically a veterinarian clinic (with no outside runs or pens) and a nursing home or residence home for the aged, alter the sign conditions, and allow for an alternative bufferyard. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-038, 3517 Teasley Lane) Mark Donaldson, Assistant Director of Planning, stated that the property was recently re-zoned to office-conditioned and was requesting an amendment to conditions. The developer wanted to add two additional uses for a veterinarian office with no outside runs and pens and nursing home for the aged. The existing conditions for a sign did not allow for a sign on the building facing City of Denton City Council Minutes July 20, 1999 Page 13 Teasley Lane. The developer would like to put a wall sign on the current building if another building was constructed and one monument sign per lot. An alternate bufferyard was proposed as per agenda materials. The Mayor opened the public hearing. The following individuals spoke regarding the public hearing: Don Fraiser - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 99-242 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 98-255 WHICH ESTABLISHED AN OFFICE (O[C]) CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.831 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LAND, SOUTH 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-99-038) Young motioned, Beasley seconded to adopt the ordinance with the conditions noted. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. 27. The Council held the second of two public hearings regarding the proposed voluntary annexation of 167.477 acres located southeast of the intersection of Robinson Road and Teasley Lane (FM 2181) in the extraterritorial jurisdiction of the City of Denton, Texas. The proposal was to develop the property for single-family residential and commercial development. (A-89, Wheeler Ridge) Mark Donaldson, Assistant Planning Director, stated that this was the first of two public hearings. Both zoning and a concept plan would be scheduled for future consideration. The Mayor opened the public hearing. The following individuals spoke regarding the proposal: Robert Pendergrass, Dallas – favor The Mayor closed the public hearing. City of Denton City Council Minutes July 20, 1999 Page 14 ITEMS FOR INDIVIDUAL CONSIDERATION 28. The Council considered adoption of 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 Furstenberg Construction Company v. City th of Denton, et al., Cause No. 98-20716-1587, filed in the 158 District Court of Denton, County, Texas; authorizing the expenditure of funds therefor and providing an effective date. The following ordinance was considered: NO. 99-243 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 FURSTENBERG CONSTRUCTION COMPANY V. CITY OF TH DENTON, ET AL., CAUSE NO. 98-20716-1587, FILED IN THE 158 DISTRICT COURT OF DENTON, COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 29. The Council considered adoption of an ordinance authorizing the City Manager to file an application, execute a grant, and subsequent amendments with the U.S. Department of Transportation Federal Transit Administration for Project No. TX-90-X474, a grant authorized by 49 U.S.C. Section 5307; and providing an effective date. The following ordinance was considered: NO. 99-244 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION, EXECUTE A GRANT, AND SUBSEQUENT AMENDMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR PROJECT NO. TX-90-X474, A GRANT AUTHORIZED BY 49 U.S.C. SECTION 5307; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 30. The Council considered adoption of an ordinance amending the schedule of electric rates for electric service contained in Ordinance No. 98-262; amending temporary service schedule (T1); providing for repealer; providing for a severability clause; providing for retroactive effect of the amendment respecting schedule (T1); and providing for an effective date. City of Denton City Council Minutes July 20, 1999 Page 15 The following ordinance was considered: NO. 99-245 AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES FOR ELECTRIC SERVICE CONTAINED IN ORDINANCE NO. 98-262; AMENDING TEMPORARY SERVICE SCHEDULE (T1); PROVIDING FOR REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR RETROACTIVE EFFECT OF THE AMENDMENT RESPECTING SCHEDULE (T1); AND PROVIDING FOR AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 31. The Council considered approval of a resolution requesting the Texas Natural Resource Conservation Commission hold a public hearing concerning the transportation of hazardous waste materials by Union Pacific Railroad through the City and County of Denton, Texas; and providing an effective date. Mayor Miller suggested including both railroads in the resolution instead of only the Union Pacific. Council Member Durrance stated that the railroads were federally governed and was not sure what kind of jurisdiction TNRCC had and what they could govern. Mayor Miller stated that the resolution was to receive information and not to regulate. He indicated that Ed Soph had turned in a Speaker Card in support of the resolution. Council Member Burroughs stated that the intent of the resolution was to make the public more aware of the situation on a regional level. The following resolution was considered: NO. R99-031 A RESOLUTION REQUESTING THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION HOLD A PUBLIC HEARING CONCERNING THE TRANSPORTATION OF HAZARDOUS WASTE MATERIALS BY UNION PACIFIC RAILROAD THROUGH THE CITY AND COUNTY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to approve the resolution with an amendment to include both railroads.On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 32. The Council considered approval of a resolution amending Resolution No. R99-022 adopting limitations on acceptance and processing of applications for establishment of multi- family dwellings to provide for additional exemptions for pending applications for permits for City of Denton City Council Minutes July 20, 1999 Page 16 multi-family dwellings; providing a severability clause; providing a savings clause; and providing an effective date. The following resolution was considered: NO. R99-032 A RESOLUTION AMENDING RESOLUTION NO. R99-022 ADOPTING LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTI-FAMILY DWELLINGS TO PROVIDE FOR ADDITIONAL EXEMPTIONS FOR PENDING APPLICATIONS FOR PERMITS FOR MULTI-FAMILY DWELLINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. Council Member Durrance stated that he voted against the resolution as there were other avenues to use. 33. The Council considered nominations/appointments to City Boards and Commissions. Council voted on prior nominations and then made new nominations. They also drew names for places on the Public Utilities Board. (Attachment A) 34. Miscellaneous Matters from the City Manager. City Manager Jez stated that Council Member Cochran had expressed a concern regarding the release of the comprehensive plan based on the last meeting. Council Member Cochran felt that adequate public facilities were going to be added as one tool for managing growth and changes were going to be made to the plan based on plans regarding pocket parks. Jez agreed with Council Member Cochran’s review and had instructed staff to see if those changes had been made. If the changes were not made an addendum would be added to the copies for public review. Council Member Cochran also had a concern that comments made by Council Members Durrance and Kristoferson regarding the plan had not been incorporated. Jez stated that his recollection was that the majority of the Council had indicated that they did not want those changes incorporated into the document prior to public review. Final direction would be given after public input. Council Member Cochran agreed with Jez’s assessment but wanted to make certain that a final review would include a review of those comments. 35. New Business There were no items of New Business suggested by Council for future agendas. 36. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. City of Denton City Council Minutes July 20, 1999 Page 17 37. There was no official action on Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 10:20 p.m. __________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS _________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS