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Minutes August 03, 1999CITY OF DENTON CITY COUNCIL MINUTES August 3, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, August 3, 1999 at 5:15 p.m. in the Council Work Session Room. A. Consultation with Attorney— Under TEX. GOV’T. CODE Sec. 551.071. Regular Meeting of the City of Denton City Council on Tuesday, August 3, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance, Kristoferson and Young. ABSENT: Council Member Burroughs 1. Pledge of Allegiance The Council and citizens recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of April 6, April 9, April 13, April 20, April 21 and April 27, 1999. Beasley motioned, Durrance seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. PRESENTATIONS 3. Texas Lone Star Chapter of the Solid Waste Association of North America 1999 Road-E- O Awards David Dugger explained what the Road-E-O was and introduced Leroy Ayers and Randall Morris who received trophies during the Road-E-O. 4. August Yard of the Month Awards Mayor Miller presented the August yard of the month awards to: Brenda Floyd Mary Nell and Larry Kounes Mr. and Mrs. John Hicks Jacci Grey Sonic Drive-In, Colorado Blvd. CITIZEN REPORTS 5. The Council received a citizen report from Nell Yeldell regarding tax and deeds. Ms. Yeldell was not present. City of Denton City Council Minutes August 3, 1999 Page 2 CONSENT AGENDA Cochran motioned, Beasley seconded to approve the Consent Agenda and the accompanying ordinances and resolution. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 6. NO. 99-246 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE CONTRACT FOR THE PURCHASE OF TUBULAR STEEL TRANSMISSION LINE STRUCTURES BETWEEN THE CITY OF DENTON AND THOMAS & BETTS CORPORATION; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID #2346 – TUBULAR STEEL TRANSMISSION LINE STRUCTURES (POLES) – THOMAS & BETTS CORPORATION - $420,000 PLUS CHANGE ORDER 1 –$39,992) 7. NO. 99-247 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF WATER DISTRIBUTION LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2385 – BRIDGES/CARPENTER WATERLINES – JAGOE PUBLIC COMPANY - $151,965) 8. NO. 99-248 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ARMSTRONG-BERGER, INC. TO PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN AND CONSTRUCTION DOCUMENTS OF THE DOWNTOWN IMPROVEMENTS PROJECT AND RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PROFESSIONAL SERVICES AGREEMENT 2398 – ARMSTRONG AND BERGER, INC. – $72,825) 9. NO. 99-249 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE, HARDWARE AND INSTALLATION SERVICE FOR INTERNET ACCESS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (P. O. #96572 - AMERITECH LIBRARY SERVICE – $44,269) City of Denton City Council Minutes August 3, 1999 Page 3 10. NO. 99-250 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE INSTALLATION OF A PLANNING AND DEVELOPMENT DEPARTMENT PROJECT MAINTENANCE SOFTWARE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (P. O. #96583 TO H.T.E., INC. – $319,815) 11. NO. 99-251 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MULTI-PURPOSE WHITE (COPY) PAPER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2376 – WHITE MULTI-PURPOSE PAPER ANNUAL CONTRACT – ZEROX CORP.) 12. NO. 99-252 AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 98-190 TO INCREASE THE SIZE OF LIBERTY CHRISTIAN SCHOOL’S SCHOOL ZONE; DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND TRAFFIC DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS; PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. 13. NO. 99-253 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE WEST SIDE OF FULTON STREET FROM LINDEN STREET TO CRESCENT STREET ON SCHOOL DAYS FROM 8:00 A.M. UNTIL 4:00 P.M.; PROVIDING TWO HOUR RESTRICTED PARKING FROM 8:00 A.M. UNTIL 4:00 P.M. ON THE EAST SIDE OF FULTON STREET FROM LINDEN STREET TO CRESCENT STREET WITH A TWENTY-FIVE FOOT NO PARKING ZONE ON EACH SIDE OF THE 2 HOUR RESTRICTED PARKING SPACES; PROVIDING A TEN FOOT NO PARKING AREA ON BOTH SIDES OF THE DRIVEWAY WHICH IS ON THE EAST SIDE OF FULTON STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes August 3, 1999 Page 4 14. NO. R99-033 A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND OTHER APPROPRIATE AGENCIES RELATING TO THE NOMINATION OF DENTON’S HISTORIC UNION PACIFIC FREIGHT DEPOT FOR FUNDING UNDER THE ST TRANSPORTATION EQUITY ACT FOR 21 CENTURY THROUGH THE STATEWIDE ENHANCEMENT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. 15. NO. 99-254 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES TO ASSIST THE CITY WITH THE REWRITE OF THE DEVELOPMENT CODE WITH FREGONESE, CALTHORPE & ASSOCIATES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROFESSIONAL SERVICES AGREEMENT 2404 – FREGONESE CALTHORPE & ASSOCIATES - $50,440 FOR PHASE I) PUBLIC HEARINGS 16. The Council held a public hearing and considered rezoning 0.320 acres from a Multi- Family dwelling (MF-1) zoning district to General Retail (GR) zoning district. The 0.320-acre property, commonly known as 2526 Louise Street, was legally described as the western 90 feet of Lot 10-R, Block 9 of the Owsley Park Addition and was located on the northeast corner of Bonnie Brae and Louise Street. The proposal was for a retail/grocery/deli type business. The Planning and Zoning Commission recommended approval (5-2) with conditions. (Z-99-037, 2526 Louise Street) Mark Donaldson, Assistant Director of Planning, stated this was in the Owsley Addition. He noted the conditions in the agenda materials that were recommended by the Planning and Zoning Commission. The Mayor opened the public hearing. The following individuals spoke regarding the proposal: Oscar Jimenez, 2729 Mistywood, Denton, 76201 - favor Glen Daniels, 2505 W. Hickory, Denton, 76201 - opposition Katie Crowder, 305 Ridgecrest, Denton, 76205 - opposition Kristoferson motioned, Beasley seconded to approve the proposal with the conditions recommended by the Planning and Zoning Commission and with the condition of no on and off premise sale of beer/wine. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. City of Denton City Council Minutes August 3, 1999 Page 5 Item #18 was considered: 18. The Council held a public hearing regarding the proposed voluntary annexation of a 37.11-acre tract located on the east side of Teasley Lane approximately 700 feet south of Hickory Creek Road in the City of Denton’s extraterritorial jurisdiction. (A-88-Teasley Lane near Hickory Creek) Mark Donaldson, Assistant Director for Planning, reviewed the details of the voluntary annexation as noted in the agenda materials. Council Member Burroughs arrived at the meeting. The Mayor opened the public hearing. The following individuals spoke regarding the annexation. Brenda Phillips, 1101 Buena Vista, Denton, 76205 – favor (also in favor of Items #19-20) Oscar Blankemeyer, 5353 Teasley Lane, Denton, 76205 – favor No one spoke in opposition. The Mayor closed the public hearing. 19. The Council held a public hearing regarding the proposed voluntary annexation of a 34.40 acre tract located on the north side of Ryan Road and east of Forest Ridge Drive in the City of Denton’s Extraterritorial Jurisdiction (ETJ). (A-90, Shadow Brook Place) Mark Donaldson, Assistant Director for Planning, reviewed the details of the proposed voluntary annexation as indicated in the agenda materials. The Mayor opened the public hearing. No one spoke in favor or opposition. The Mayor closed the public hearing. 20. The Council held a public hearing regarding the proposed voluntary annexation of 46.21 acres located at the southeast corner of Nowlin Road and Robinson Road in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of annexation would be Agricultural (A). (A-91, Kirby Tract) Mark Donaldson, Assistant Director for Planning, reviewed the details of the voluntary annexation as noted in the agenda materials. Mayor Miller opened the public hearing. No one spoke in favor or opposition. City of Denton City Council Minutes August 3, 1999 Page 6 The Mayor closed the public hearing. Council returned to the regular agenda order. 17. The Council held a public hearing and considered adopting separate ordinances to annex and zone a 65.174 acre tract located south of Nowlin Road on the east side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road, presently in the City of Denton’s ETJ. (A-83, Top of the Hill Subdivision) A. Considered adopting an ordinance, on second reading, to annex a 65.174 acre tract located south of Nowlin Road on the east side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road, in the City of Denton’s ETJ, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. (A-83, Top of the Hill Subdivision) B. Held a public hearing and considered rezoning 65.174 acres from a temporary Agricultural (A) zoning district to a Planned Development (PD) zoning district. The 65.174 acre property was located south of Nowlin Road on the east side of FM 2181 (Teasley Lane.) generally opposite Hickory Creek Road. The proposal was for 40.37 acres of single-family residential at 4 units per acre and a minimum lot size of 5,750 square feet, 20.23 acres of single-family residential with a minimum lot size of 10,000 square feet and 0.084 acres Commercial (C) for a future telecommunications tower. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-025, Top of the Hill Subdivision) The following ordinance was considered: NO. 99-256 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 65.174 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF NOWLIN ROAD ON THE EAST SIDE OF FM 2181 (TEASLEY LANE) GENERALLY OPPOSITE HICKORY CREEK ROAD, IN THE COUNTY OF DENTON; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to approve the annexation. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Donaldson reviewed the request for rezoning. The Mayor opened the public hearing. The following individuals spoke during the public hearing: City of Denton City Council Minutes August 3, 1999 Page 7 Bob Nelson, 3229 Dunes, Denton, 76201 - favor David Howell, 15851 Dallas Parkway, Addison, 75001 - favor Ben Pinnell, Rt. 13, Corinth - favor Frank Rabold, 1301 Buena Vista, Denton, 76205 - opposition The Mayor closed the public hearing. Kristoferson motioned, Durrance seconded to approve the zoning request for Tracts One and Two and on Tract 3 allow for 3 units per acre net exclusive of the greenspace and amenities and the removal of the telecommunications tower. Mayor Pro Tem Beasley questioned the 3 units per acre net of the greenspace. Council Member Kristoferson stated that the developers had indicated that the project was 2.82 units on a gross spaceage. That meant that all of the amenities were taken out and then the lot size was based on that acreage. The neighbors were under the impression that the density was 3 units per acre. Now the density was listed as 4 units per acre but was figured on the gross acreage. Donaldson stated that currently there was nothing in the zoning ordinance that required the open space. The site plan was not attached to the ordinance, only the list of attributes was attached. The exhibits attached to the ordinance were the concept plan, the mets and bounds and the list of zoning attributes. There was no language in the proposed ordinance that required a certain amount of open space within Tract Three. Council Member Kristoferson pointed out that Exhibit C indicated 5% open space. Donaldson replied that was correct so approximately 2.5 acres of open space would be required. The developer stated that the tower was already in place and had been done before the annexation of the land. Mayor Miller stated that he was against the motion as it was a step backwards. He felt the Council got caught up in the size of lots and was not considering the amenities. The recommendation by the Planning and Zoning Commission looked at the fact that the 1988 plan analysis met the requirements of that plan and also the 1998 plan. He felt the concept was favorable. Removal of the tower was not possible as it had been done prior to the annexation of the property. He was in favor of approval of the plan as recommended by staff. Council Member Young stated that he was against the motion. The developer had done everything that the City had asked and still some of the Council was not satisfied. Council Member Burroughs felt that that the proposal was a similar goal as to what should be done with the city. This development fell in line with the approach for the city. He felt this was a high quality development. The proposal had certain built-ins with the developer’s vision for the property. The bottom line was that the developer was trying to make as much green space as possible and that was reflected in the concept plan. The entire community would benefit from City of Denton City Council Minutes August 3, 1999 Page 8 that concept. The traffic question was a problem but that was a problem with any city that was growing. He would be voting against the motion. Council Member Cochran felt that the issue of the tower clouded the motion. The developer had an existing lease to a third party for the tower and he had a difficulty ignoring that situation. He questioned how much it was relative to the motion. Council Member Kristoferson stated that the tower was secondary to the points of traffic and density. There were no opportunities for mass transportation in this area. The proposed density in her motion was one way to lower traffic congestion. She would be willing to not consider the tower for the density. Mayor Pro Tem Beasley stated that she agreed that the tower should not be considered as a lease was already done prior to annexation. She wanted to have open space but also did not want urban sprawl. She felt some larger lots in the development would be good but also wanted the green space and amenities. Four units per acre might be too dense but the motion might be too less dense. She would vote against the motion. Council Member Durrance felt that the citizens were concerned with density. The growth management strategies indicated that this property was for low density. This proposal was not for low density. Traffic was not the sole issue but was a concern of his. On roll vote for Council Member Kristoferson’s motion, Beasley “nay”, Burroughs “nay”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed with a 2-5 vote. Young motioned, Burroughs seconded to approve the proposal as per the Planning and Zoning Commission’s recommendations. Council Member Cochran felt this was a quality project and that the developers had tried to tailor it to the land. But he also did not think that it meant that the property was right for that level of development if the infrastructure was going to fail. He would not vote for the motion. Mayor Pro Tem Beasley stated that she would not vote for the motion as it was still not right for her. She felt that 3.5 units per acre would be good. The following ordinance was considered: NO. 99-257 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 65.17 ACRES OF LAND GENERALLY LOCATED SOUTH OF NOWLIN ROAD ON THE EAST SIDE OF FM 2181 (TEASLEY LANE) GENERALLY OPPOSITE HICKORY CREEK ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF City of Denton City Council Minutes August 3, 1999 Page 9 $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. After Council discussion of the motion, Council Member Young amended his motion and Council Member Burroughs agreed to a maximum of 140 units and that Attachment 5 would become a part of the ordinance as an indication of the type of development of open space. 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. The Council considered Item #25. 25. The Council held a public hearing and considered adopting separate ordinances to annex a 794 acre tract and zone a 2,725 acre tract located generally between I-35W and Florence Road and between Crawford road and Lively Road. (A-87 and Z-99-044 Robson Ranch) A. Considered adopting an ordinance on second reading to voluntarily annex the subject 794-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. B. Held a public hearing and considered adopting an ordinance to zone the subject 2,725-acre tract to a Planned Development (PD) zoning district. The requested rezoning was for a planned resort retirement community with residential, neighborhood services; outdoor recreation and community service uses. The Planning and Zoning Commission recommended approval. The following ordinance was considered: NO. 99-264 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 794 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, GENERALLY LOCATED AT THE SOUTHWESTERN EXTRATERRITORIAL JURISDICTION BOUNDARIES OF THE CITY OF DENTON, TEXAS AND NORTHWESTERN EXTRATERRITORIAL JURISDICTION OF THE TOWN OF NORTHLAKE, TEXAS, BETWEEN I-35W AND FLORENCE ROAD, AND BETWEEN CRAWFORD AND LIVELY ROAD IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance for annexation. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes August 3, 1999 Page 10 Dave Hill, Assistant City Manager for Development, presented the layout of the proposal. The general use was to rezone the property to a planned resort retirement community. The applicant structured the permitted land uses and lot sizes and bulk and mass to meet certain product uses. The Planning and Zoning Commission recommended approval with several conditions as noted in the agenda materials. Robson representatives had asked to have a consideration of variances to important design elements as part of the concept design approval. Staff was not comfortable with that at this point in time. Item #4 of the Planning and Zoning Commission recommendation acknowledged the fact that there might be some situations to give a variance to the entire concept plan but acknowledged that they would work with the process. There was a lot of discussion at the Planning and Zoning Commission relative to landscaping and the intent of the applicant to comply and wanting some concessions. The Planning and Zoning Commission recommended approval allowing 50% of the required trees to be less than 3’ in caliper. Staff felt that if research showed that there was a need to provide relief to the landscape ordinance, then the landscape ordinance should be changed rather than provide variances on an individual property basis. It was staff’s opinion that at this time there was no data that indicated that a hardship existed at this point. There was no detailed plan submitted with this concept plan. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Steve Soreano, Robson Properties - favor Jim Carter, 204 Fresh Meadow, Trophy Club, 76262 - favor Richard Webster, Ponder, 76259 – favor Terry Clower, 2214 Cedarwood, Garland, 75040 – favor Riley Mills, 113 Seminole Drive, Trophy Club, 76262 – favor Peggy Capps, 915 W Oak, Denton, 76201 – favor Bob Moses, 1400 Robinson Road, Denton, 76205 – favor D A. Sharpe, 8618 Baltimore Drive, Dallas, 75225 – favor Raymond Redmon, 710 Prairie Street, Denton, 76205 – favor Dan Martin, 717 LaFayette Drive, Denton, 76205 – favor David Eaton, 1612 Paisley Drive, Arlington, 76015 - favor Richard Tucker, 406 Country Club Road, Argyle, 76226 – favor Ken Burdick, 2112 Pembrooke Place, Denton, 76205 – favor Tony Clark, 3516 Belmont, Denton, 76205 - favor Mayor Miller indicated that he had speaker cards and faxes from the following individuals who did not wish to speak regarding the proposal: A petition with 150 names in support Dave Ross, 1124 McCormick, Denton, 76201 - favor Jim Stuckey, 5236 W. Lively Rd., Ponder, 76259 - favor Chris Rosprim, 2113 Emerson, Denton, 76201 - favor Chuck Carpenter, 1112 Pennsylvania, Denton, 76205 - favor Ellen Painter, 207 N. Bonnie Brae, Denton, 76201 - favor Ray Bejarnno, 2021 Lamprey, Denton, 76205 - favor Kirk King, 1505 Lynhurst, Denton, 76205 – favor Darrell Mitchell, 1412 Lynhurst, Denton, 76205 - favor City of Denton City Council Minutes August 3, 1999 Page 11 Christine Rowl, 1300 Vista Verde, Denton, 76205 - favor Priscilla Sanders, 408 Hollyhill, Denton 76205 - favor Greg Sawko, 3505 Forrestridge, Denton, 76205 - favor Dick Smith, 1903 Maid Marian, Denton, 76201 - favor Kari Vick, 1008 Coit, Denton, 76201 - favor Scott Vick, 1008 Coit, Denton, 76201 - favor Craig Woodcook, P.O. Box 2185, Denton, 76202 - favor Troy LaGrone, 529 Magnolia, Denton, 76201 - favor Ed Frantz, 2801 I-35, Denton, 76202 - favor Jon Phillips, 3400 Fallmeadow, Denton, 76201 - favor Ashley House, 1305 Foxhollow, Denton, 76205 - favor Andrew Gregory, 921 Edgewood, Denton, 76201 - favor Bob Haley, 3535 I-35, Denton, 76205 - favor Janet French, 907 Coit, Denton, 76201 - favor Nancy Horntt, 2901 Destin Drive, Denton, 76205 - favor Stephen Finley, 2615 Wellington, Denton, 76201 - favor Leslie Thompson, 2425 E. Windsor, Denton, 76201 – favor Gayle Harris, 1305 Foxhollow, Denton, 76205 – favor Caleb O’Rear, 3344 Ashcroft Lane, Denton, 76207 - favor Letter from Denton Community Hospital – Tim Charles - favor Fred Pole – letter - favor Ken Willis – fax – favor The Mayor closed the public hearing. The following ordinance was considered: NO. 99-265 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2,725 ACRES OF LAND GENERALLY LOCATED BETWEEN I-35W AND FLORENCE ROAD, AND BETWEEN CRAWFORD AND LIVELY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance with condition #5 changed to add the wording subject to verification during the detailed plan.” On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Item #22 was considered. 22. The Council continued 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) City of Denton City Council Minutes August 3, 1999 Page 12 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. The following ordinance was considered: NO. 99-258 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 75.71 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET AND IS DIRECTLY OPPOSITE OF TRINITY ROAD ON THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the annexation ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6- 1. Mark Donaldson, Assistant Planning Director, reviewed the location of the proposed zoning district. The Mayor opened the public hearing for the zoning proposal. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-259 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 75.71 ACRES OF LAND IN THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET AND DIRECTLY OPPOSITE OF TRINITY ROAD; 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 August 3, 1999 Page 13 Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 21. The Council 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 twenty-nine (29) single-family detached lots and forty-one (41) duplex lots (totaling 82 units). The Planning and Zoning Commission recommended approval (4-3). (Z99-034, Olympia Creek Court) This item was postponed. 23. The Council continued 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. The following ordinance was considered: NO. 99-260 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 83.75 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE NORTHWEST CORNER OF THE LOOP 288 AND STUART ROAD INTERSECTION IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. The Mayor opened the public hearing for the zoning proposal. The following individual spoke during the zoning proposal: Brenda McDonald, 8333 Douglas Ave, Suite 900, Dallas, 75225 - favor City of Denton City Council Minutes August 3, 1999 Page 14 The Mayor closed the public hearing. The following ordinance was considered: NO. 99-261 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 83/75 ACRES OF LAND IN THE CITY OF DENTON, TEXAS, LOCATED ON THE NORTHWEST CORNER OF THE LOOP 288 AND STUART ROAD INTERSECTION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 24. The Council continued a public hearing and considered adopting separate ordinances to annex and zone a 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. The following ordinance was considered: NO. 99-262 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 19.802 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF SWISHER ROAD IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes August 3, 1999 Page 15 The Mayor opened the public hearing for the zoning proposal. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-263 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 19.802 ACRES OF LAND IN THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF SWISHER ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (A-86, LUBBERS ADDITION) Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 26. The Council considered adoption of an ordinance amendment correcting the conditions established by Ordinance 99-140, which established a conditioned Multi-Family 1 (MF-1[c]) zoning district classification and use designation for 18.003 acres; 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. The subject property was legally described as Lot 1, Block 1 of the Jefferson Commons Addition and was located on the south side of Colorado Boulevard, approximately five hundred and fifty (550) feet west of Southern Hills Boulevard, and on the north side of I-35 East, immediately east of Pace’s Crossing Apartments complex. (Z-99-009) Mark Donaldson, Assistant Planning Director, stated that there appeared to be misinterpretation of the conditions associated with this rezoning. After a review of the tapes of the meeting and the minutes, it was felt that revisions were in order to reflect the actual motion. The required fence would be only along the property line adjacent to Paces Crossing and the requirements for the landscape bufferyard would be revised. The bufferyard would be additional trees one every 20 feet along the property line of Paces Crossing. Mayor Miller indicated there was a speaker card regarding this item. Jonathan Vinson stated that they had the videotape transcribed from the prior meeting that clarified the provisions for approval by Paces Crossing as indicated in the letter of support Paces Crossing had submitted. City of Denton City Council Minutes August 3, 1999 Page 16 The following ordinance was considered: NO. 99-266 AN ORDINANCE AMENDMENT CORRECTING THE CONDITIONS ESTABLISHED BY ORDINANCE 99-140, WHICH ESTABLISHED A CONDITIONED MULTI-FAMILY 1 (MF-1[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 18.003 ACRES; 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. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote. 27. The Council considered approval of a resolution authorizing the Mayor to sign a Memorandum of Agreement with the City of Corinth to mutually disannex and then proceed to annex certain property along the joint Denton and Corinth city boundary. The following resolution was considered: R99-034 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE CITY OF CORINTH TO MUTUALLY DISANNEX AND THEN PROCEED TO ANNEX CERTAIN PROPERTY ALONG THE JOINT DENTON AND CORINTH CITY BOUNDARY; 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 “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 28. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Etta Jean Hensley, relating to the purchase of 0.430 acres of land for the expansion of U.S. Highway 77 (Parcel 33G); authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered: NO. 99-267 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ETTA JEAN HENSLEY, RELATING TO THE PURCHASE OF 0.430 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 33G); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 3, 1999 Page 17 Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 29. The Council considered adoption of an ordinance amending Section 2-62 of Chapter 2 of the Code of Ordinances of the City of Denton to provide conflict of interest provisions for board and commission members consistent with the conflict of interest provision recently passed by the voters in the City Charter election; amending Section 2-84 of Chapter 2 of the Code of Ordinances of the City of Denton to provide for the nomination and appointment of members to the Public Utilities Board and Parks and Recreation Board consistent with the amendments to the City Charter approved by the voters at the May 1, 1999 City Charter election; providing for ratification of prior action; providing a savings clause; providing a severability clause; and providing an effective date. Mayor Miller indicated that there was a speaker card submitted on this issue. Steve Kniatt spoke on the issue. Council Member Young stated that it was his understanding that this would be a new concept for making nominations to boards and commissions. Council was doing different than what the voters wanted and what the voters had voted on. This would confirm the voting fraud and was a cover up on what was done. City Attorney Prouty stated that this ordinance corrected an old ordinance in regards to the members on the boards relative to conflict of interest. It also changed the format for nominations on certain board as per the recent Charter election. The following ordinance was considered: NO. 99-268 AN ORDINANCE AMENDING SECTION 2-62 OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE CONFLICT OF INTEREST PROVISIONS FOR BOARD AND COMMISSION MEMBERS CONSISTENT WITH THE CONFLICT OF INTEREST PROVISION RECENTLY PASSED BY THE VOTERS IN THE CITY CHARTER ELECTION; AMENDING SECTION 2-84 OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR THE NOMINATION AND APPOINTMENT OF MEMBERS TO THE PUBLIC UTILITIES BOARD AND PARKS AND RECREATION BOARD CONSISTENT WITH THE AMENDMENTS TO THE CITY CHARTER APPROVED BY THE VOTERS AT THE MAY 1, 1999 CITY CHARTER ELECTION; PROVIDING FOR RATIFICATION OF PRIOR ACTION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 3, 1999 Page 18 Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 30. The Council considered approval of a resolution of the City Council of the City of Denton, Texas expressing its support for the National Low-Sulfur Gasoline and Tier 2 Emissions Standards proposed by the Environmental Protection Agency; and providing an effective date. The following resolution was considered: NO. R99-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS EXPRESSING ITS SUPPORT FOR THE NATIONAL LOW-SULFUR GASOLINE AND TIER 2 EMISSIONS STANDARDS PROPOSED BY THE ENVIRONMENTAL PROTECTION AGENCY; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Durrance seconded to adopt the resolution. 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 nominations/appointments to the City’s Boards and Commissions. Attachment A detailed the nominations and the appointments made. As the re-nomination of Bob Powell for the Planning and Zoning Commission failed to pass, the City Attorney indicated that Mr. Powell would remain in office until a replacement was approved by the Council. Council Member Kristoferson stated that the current Council’s Rules of Procedure did not adequately cover this situation and indicated that she would be requesting staff to prepare an ordinance to address this issue. 33. Miscellaneous Matters from the City Manager. th City Manager Jez indicated that the August 12 budget review would start at 11:30 a.m. rather than the previously indicated start time. It was felt that the review should be completed by the th end of the day and the meeting for August 13 would not be needed. 33. New Business A. Council Member Kristoferson requested staff prepare an ordinance for consideration regarding continuation of nominations when those nominations repeatedly fail. 34. 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 August 3, 1999 Page 19 35. 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 12:30 a.m. ___________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS