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Minutes August 17, 1999CITY OF DENTON CITY COUNCIL MINUTES August 17, 1999 The Council convened into a Regular Meeting on Tuesday, August 17, 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. The Council considered approval of the minutes of May 4, May 11, May 18, May 25, and May 21-22, 1999. Cochran motioned, Burroughs seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. PROCLAMATIONS 3. Proclamations Mayor Miller presented proclamations to Brave Combo and Josef Alavidze. CITIZEN REPORT 4. The Council received a citizen report from Gerry Baines regarding Public Information Office for Denton County MHMR Center. Ms. Baines stated that she was the new Public Information Officer for Denton County MHMR Center. She looked forward to working with the Council. NOISE EXCEPTION 5. The Council considered a request for an Exception to the Noise Ordinance for an outdoor pool party at Texas Woman's University Outdoor Pool on September 2, 1999, hosted by the Chapter of Delta Sigma Theta Sorority Inc. at Texas Woman's University from 10:00 p.m. until Midnight. Beasley motioned, Burroughs seconded to approve the exception. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. CONSENT AGENDA Mayor Miller stated that Items #11-13 had been pulled from consideration due to a request by the Denton Affordable Housing Corporation to delay consideration. City of Denton City Council Minutes August 17, 1999 Page 2 Council Member Kristoferson objected to a delay of Items #11-13. She felt that if approved, the memorandum of understanding would be current and not subject to negotiation. Mayor Miller stated that the delay was requested as the documents had not gone to the Board of Directors at this time. Council Member Kristoferson requested an update on the progress of the project as it appeared that the project was behind schedule. Kristoferson motioned, Durrance seconded to keep Items #11-13 on the Consent Agenda. Mayor Pro Tem Beasley stated that the Board was requesting the delay as they had not yet been able to approve the documents. Council Member Durrance stated that the Council had had a work session on this matter several weeks ago and the Board should have approved the documents by this point in time. This was another postponement of this matter. He had questions regarding ratifying an agreement that had been previously breached. The entire board was present at the last work session when Council discussed this item. City Attorney Prouty stated that the memorandum of agreement had been signed by a representative of the Denton Affordable Housing Corporation but the Board had not approved that signature at the time it was signed. He asked if Council wanted to proceed without Board approval. City Manager Jez stated that the memorandum of understanding was signed with the approval of the Board. The incomplete document was the Amendment to the 1999 Action Plan and had not been signed by the Board. On roll vote to not postpone Items #11-13, 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 postpone Items #11-13. Council Member Durrance felt that this was a tactic to delay and the Housing Corporation was not abiding by their schedule. Council Member Kristoferson reviewed what was suppose to be done and indicated that those items were not done. She wanted to know where the Corporation was in the process. Mayor Pro Tem Beasley stated that the Corporation was working for a solution to the problem. The majority of the Board and the neighbors were happy with the solution. She did not know until this meeting that the items were going to be requested to be pulled. On roll vote to postpone Items #11-13, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote. City of Denton City Council Minutes August 17, 1999 Page 3 Beasley motioned, Young seconded to approve the Consent Agenda and accompanying ordinances with the exception of Items 11-13. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 6. Approval of a tax refund to Steven and Susan Alspach in the amount of $1,231.56. The 1998 property taxes were paid twice. 7. NO. 99-269 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF WATERLINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2386 – SANDPIPER AND WESTCHESTER AWARDED TO OSCAR RENDA CONTRACTING, INC. IN THE AMOUNT OF $337,653) 8. NO. 99-270 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION HICKORY CREEK SANITARY SEWERLINE CROSSINGS PHASE II; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2387 – HICKORY CREEK SANITARY SEWERLINE CROSSINGS AWARDED TO OSCAR RENDA CONTRACTING, INC. IN THE AMOUNT OF $549,115.50) 9. NO. 99-271 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE PARTICIPATION IN AN ALTERNATIVE FUELS PROGRAM BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE RECEIPT OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. (INTERLOCAL AGREEMENT IN THE AMOUNT OF $35,711) 10. NO. 99-272 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC DISTRIBUTION TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2389 – DISTRIBUTION TRANSFORMERS AWARDED TO THE LOWEST BIDDERS AS LISTED, ANNUAL ESTIMATED EXPENDITURE IS $450,000) 11. Postponed 12. Postponed City of Denton City Council Minutes August 17, 1999 Page 4 13. Postponed 14. NO. 99-273 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND DENTON CHRISTIAN CHURCH, RELATING TO THE PURCHASE OF 0.009 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 35); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 15. NO. 99-274 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, MARILYN B. SLAUGHER ORR 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 THEREFOR; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 16. The Council held a public hearing and considered approval of a resolution amending Resolution 98-065 by adopting an amendment to the Roadway Component of the Denton Mobility Plan for the City of Denton affecting the southwest Denton IH35W/US 377 area. Jerry Clark, Director of Engineering and Transportation, presented the proposed mobility plan for council consideration. He reviewed the details of the plan as indicated in the agenda materials. The Mayor opened the public hearing. The following individual spoke during the public hearing: Susan Blakenship, Carter & Burgess – opposition The Mayor closed the public hearing. The following resolution was considered: NO. R99-036 A RESOLUTION AMENDING RESOLUTION 98-065 BY ADOPTING AN AMENDMENT TO THE ROADWAY COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON AFFECTING THE SOUTHWEST DENTON IH35W/US 377 AREA. City of Denton City Council Minutes August 17, 1999 Page 5 Beasley motioned, Young seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 17. The Council was to have held a public hearing and considered approval of an amended Concept Plan for a Planned Development zoning district (PD-139). The 404 acre property was located between Bonnie Brae Road and I-35W at F.M. 2449 (Ponder Road). Commercial, neighborhood services, single-family detached, single-family attached, school, and parkland development were proposed. The Planning and Zoning Commission recommended approval (6- . 0) with conditions. (Z-99-010, The Vintage – PD Concept Plan) This item was postponed. 18. The Council was to have held a public hearing and considered approval of a Detailed Plan for a Planned Development zoning district (PD-139) encompassing 265.48 acres. The property was located between Bonnie Brae Road and I-35W at F.M. 2449 (Ponder Road). Single-family development, a school site, parkland, and open space were proposed. The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-99-050, The Vintage – PD Detailed Plan) This item was postponed. 19. The Council held a public hearing and considered rezoning a 5.0-acre site from an Agricultural (A) zoning district to a Light Industrial with Conditions [LI(c)] zoning district. The property was legally described as 5.0 acres in the S. Williams Survey, Abstract 1279 in the City of Denton, Denton County, Texas. It was located on the north side of Mingo Road, between Loop 288 and Cooper Creek Road. The proposal was to allow for light industrial use. The Planning and Zoning Commission recommended approval (7-0). (Z-99-043, Mingo/Loop 288) Council Member Durrance stated that this property was next to a historic church and asked about the regulations regarding light industrial uses next to a church. Mark Donaldson, Assistant Planning Director stated that there was a five acre tract between the church and this tract. The property next to the church was zoned only for one use. Council Member Kristoferson noted that there was no specific use noted for the property, there were not enough fire hydrants for the proposal and no uses struck from the list of permitted uses. The Mayor opened the public hearing. Council Member Kristoferson stated that light industrial zoning was a very broad category. This proposal was surrounded by agricultural property with no zoning proposed. The Mayor closed the public hearing. Young motioned, Burroughs seconded to approve the proposal as recommended by the Planning and Zoning Commission with the addition of a site plan review. City of Denton City Council Minutes August 17, 1999 Page 6 Council Member Cochran stated that he had concerns with the zoning without knowing what would be on the property. He suggested an attachment that would prohibit heavy industrial uses on the property. Young and Burroughs agreed to add that condition to their motion and second. Council Member Kristoferson stated that she was not comfortable not knowing what the use would be on the property. She felt there might be a case where the developer did not want the use known at this point in time. Mayor Pro Tem Beasley stated that she was also not comfortable giving the zoning without knowing the uses. Beasley motioned, Burroughs seconded to postpone consideration to the next regular meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 20. The Council held a public hearing and considered rezoning a .6715 acre site located in the Oakmont II Addition (Lot 6, Block C) from Single-Family 7 with Conditions (SF-7[c]) zoning district to a Planned Development (PD) zoning district. The property was legally described as being .6715 acres in the Stephen Hembrie Survey, Abstract 643, in the City of Denton, Denton County, Texas. The purpose of the zoning change was to allow for a neighborhood amenity center. The Planning and Zoning Commission recommended approval (7-0). (Z-99-045, Oakmont II Amenity Center Detailed Plan) Mark Donaldson, Assistant Planning Director, stated that the current zoning did not allow for an amenity center in SF7 zoning. A detailed plan was needed to allow for that use. The Mayor opened the public hearing. Tim May spoke regarding the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-275 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY 7 WITH CONDITIONS (SF-7[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A .6715 ACRE TRACT OF LAND LOCATED IN THE OAKMONT II ADDITION (LOT 6, BLOCK C) LEGALLY DESCRIBED AS BEING .6715 ACRES IN THE STEPHEN HEMBRIE SURVEY, ABSTRACT 643, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN City of Denton City Council Minutes August 17, 1999 Page 7 THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 21. The Council held a public hearing and considered amending condition one (1) of Ordinance No. 96-145. The property was legally described as 52.969 acres in the Stephen Hembrie Survey (Abstract No. 643) in the City of Denton, Denton County, Texas. The property was located on the north side of Robinson Road, approximately 400 feet west of State School Road. The proposal was to alter the amount of landscaping within a bufferyard between the Oakmont II subdivision and right-of-way for the proposed F.M. 2499 highway. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-047, Oakmont II) Mark Donaldson, Assistant Planning Director, reviewed the conditions of the proposal as noted in the agenda materials.. The Mayor opened the public hearing. Tim May spoke regarding the proposal. The Mayor closed the public hearing. Cochran motioned, Kristoferson seconded to deny the proposal. Mayor Miller stated that there was a different requirement for others on the same road. It had only changed due to a change in the type of road. Mayor Pro Tem Beasley felt that protection of the neighborhood was needed. On roll vote to deny, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried with a 5-2 vote. 22. The Council held a public hearing and considered rezoning 3840 N. Elm Street from an Agricultural (A) zoning district to a conditioned Commercial (C[c]) zoning district. The 1.237- acre property was located on the southeast corner of N. Elm (Hwy. 77) and Riney Road. Commercial development was proposed. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-99-042, 3840 N. Elm Street) Mark Donaldson, Assistant Planning Director, stated that the 20% rule was in effect and a super majority vote would be required for approval. There was one property owner with 22% of the adjacent property. He reviewed the conditions from the Planning and Zoning Commission as noted in agenda materials. The Mayor opened the public hearing. City of Denton City Council Minutes August 17, 1999 Page 8 Council Member Kristoferson stated that the attorney at the Planning and Zoning Commission meeting had suggested a retail use and not conditioned commercial and asked why that was not considered. Donaldson stated that the use of a gas station not allowed in retail zoning. Khosrow Sadeghian spoke in favor of the proposal. Council Member Kristoferson asked if he would be willing to strike a dormitory use from the list of permitted used for the property. Sadeghian stated that this was a corner lot. He did not want to take out a dormitory use as it would not harm anyone. He did not want to be restricted in applicable uses. Council Member Kristoferson asked if the owner would be willing to strike trailer rentals/storage buildings from the list of permitted uses. Sadeghian agreed to that removal. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-276 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL CONDITIONED (C[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.237 ACRES OF LAND LOCATED AT 3840 N. ELM STREET ON THE SOUTHEAST CORNER OF N. LOCUST ROAD (HWY 77) AND RINEY ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-042) Burroughs motioned, Young seconded to approve the proposal with the Planning and Zoning Commission recommendations plus removing the uses of storage or sales warehouse, tool or trailer rental, and dormitory, boarding or rooming house. A site review would also be added as a condition. 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. 23. The Council held a public hearing and considered rezoning 3.086 acres from an Agricultural (A) zoning district to a conditioned Commercial (C[c]) zoning district. The property was located on the southeast corner of Pockrus Page Road and I-35 East frontage road. Commercial development was proposed. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-99-049, I-35 East at Pockrus Page Road) Mark Donaldson, Assistant Planning Director, noted the location of proposal and the Planning and Zoning Commission recommendation and conditions. City of Denton City Council Minutes August 17, 1999 Page 9 The Mayor opened the public hearing. The following individuals spoke during the public hearing: Robert McQue - favor Alice Pockrus - favor Don Anderson - favor The Mayor closed the public hearing. Council Member Burroughs stated that Council had a concern regarding the image of the corridor into the city. There were already other manufactured housing sales in the area. He suggested a condition for a site plan review plus a condition for some type of concept plan as a guidance for the allowance of manufactured homes. McQue stated that he would have no problem with a condition of a site plan review. The layout of the property might have to be changed due to the configuration of the property. They were also working on the landscape of the property. He would have no issue attaching a site plan review and general conditions of appearance. Burroughs motioned, Young seconded to approve the proposal with the recommended Planning and Zoning Commission conditions plus a site plan review and a concept plan for allowance of manufactured home sale to be attached to the site plan. Mayor Pro Tem Beasley stated that she was not in favor of more manufactured homes sales in the area. Council Members Kristoferson and Cochran were also not in favor as there were other similar uses in an overused area. Council Member Durrance was not in favor of the proposal. This was a question of policy regarding a sensitive area to the community. On roll vote, Beasley “nay”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion failed with a 3-4 vote. 24. The Council held a public hearing and considered approval of a Specific Use Permit (SUP) to allow a private school located at 1910 E. University Drive, commonly known as the Denton Bible Church. The property was located on the south side of E. University Drive, between Nottingham Drive and Shawnee Street. The area was classified as a One-Family Dwelling 7 (SF-7) zoning district. The Planning and Zoning Commission made no affirmative recommendation (3-3). (Z-99-054, Calvary Preparatory Academy) Mark Donaldson, Assistant Planning Director, stated that this proposal was for a specific use permit for a private school at the Denton Bible Church. The Church would be required to comply with 7 conditions listed in the agenda materials. The Planning and Zoning Commission City of Denton City Council Minutes August 17, 1999 Page 10 did not have an affirmative recommendation but did have five recommendations for Council consideration. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Dewayne Reeder - favor Ilene Morris - favor without the expense of a fence. Wayne Styles - favor. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-277 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW THE OPERATION OF A PRIVATE SCHOOL ON 9.578 ACRES OF LAND LOCATED AT 1910 E. UNIVERSITY DRIVE ON THE SOUTH SIDE OF EAST UNIVERSITY DRIVE, BETWEEN NOTTINGHAM DRIVE AND SHAWNEE STREET, WITHIN A SINGLE-FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to approve the proposal with removal of the #4 condition from the Planning and Zoning Commission and allowing 500 students with no more than 250 on any given day. Council Member Young indicated that he had a problem with private schools as they took away from the public schools. Such schools were also not available for low-income citizens. 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. 25. The Council held the second of two public hearings 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 (ETJ). (A-88, Teasley Lane near Hickory Creek) The Mayor opened the public hearing. Mark Weatherford spoke during the public hearing. The Mayor closed the public hearing. City of Denton City Council Minutes August 17, 1999 Page 11 26. The Council held the second of two public hearings 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 will be Agricultural (A). (A-91, Kirby Tract) The Mayor opened the public hearing. Robert Prendergast spoke during the public hearing. The Mayor closed the public hearing. 27. The Council held the second of two public hearings 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) The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Item #38 was considered. 38. The Council considered adoption of an ordinance amending Ordinance Number 94-183, as amended relating to the Rules of Procedure of the City Council of the City of Denton, Texas by providing and clarifying procedures by which Councilmembers make appointments for board and commission places assigned to them, providing that council members may vote for nominated board and commission candidates at the same meeting that the candidates are nominated, providing a savings clause; providing a severability clause; and providing an effective date. City Attorney Prouty stated that this was the same ordinance the Council had discussed last week during the work session. The following individuals spoke regarding this issue: Carl Williams, (would not give address) – opposition Raymond Redmond, (address not given) – opposition Don White, 2105 Savannah Trail, 76201 – opposition Bob Powell, 2815 Wilsonwood, 76201 - opposition Mayor Miller stated that not everyone was in favor of the proposed changes. The proposed ordinance could lend itself to a block of council members controlling nominations to boards and commissions. Council Member Young felt that it was not right to not approve his nomination for the stated reasons. The proposed ordinance would allow for a group of council members to vote down future nominations and nominate their own candidate. City of Denton City Council Minutes August 17, 1999 Page 12 Young motioned, Beasley seconded to deny the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 4-3 vote. VARIANCE 28. The Council considered approval of an exaction variance from Code of Ordinances 34- 124(e)(5)(c) concerning the construction of a concrete pilot channel meeting the specifications of the drainage manual and 34-124 (e)(6)(c) concerning the construction of channel access roads and ramps. The property was located east of F.M. 1830 and south of Hobson Road. The Planning and Zoning Commission recommended approval (4-1) with conditions. (V-99-011, Regency Oaks) Mark Donaldson, Assistant Planning Director, stated that the proposal was for a variance from two provisions of the Subdivision Regulations – a concrete drainage channel and a channel access road and ramp. The Planning and Zoning Commission recommended language that would allow for private easements so that any maintenance would be the responsibility of the adjacent land owners. Kristoferson motioned, Cochran seconded to approve the variance making the owner responsible for mowing the grass and following all city codes. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 29. The Council considered approval of exaction variances from Section 34-114(5)(b), perimeter paving, Section 34-114(17), sidewalks, and Section 34-124(c)(2), offsite drainage, of the Subdivision and Land Development Regulations for a 5.11 acre property located in Division One of the City of Denton’s Extraterritorial Jurisdiction (ETJ). The property subdivision was located on the southwest corner of Grissom Road and Trinity Road. Proposal was for one (1) lot for light manufacturing. The Planning and Zoning Commission recommended approval of partial variance from Section 34-114(5)(b) and full variance from Section 34-114(17), 6-0. The Planning and Zoning Commission made no recommendation, on a 3-3 vote, regarding a full variance from Section 34-124(c)(2) (V-99-013, Hayes Business Park) Mark Donaldson, Assistant Planning Director, stated that the drainage variance would no longer be needed. The variance for the perimeter paving and sidewalks still needed to be considered. The Planning and Zoning Commission recommended a partial variance from the paving requirement and a full variance from the sidewalk requirement with a condition regarding development size. The variance would be revisited if the development size exceeded a certain limit. Greg Hayes spoke regarding the issue. He asked for an amendment to the partial variance. He offered $9,660 towards road improvements in the area when they became necessary. Burroughs motioned, Young seconded to approve the full variances for #2 and #3 and a partial variance for #1 with a requirement of $9660 for future road improvements. On roll vote, Beasley City of Denton City Council Minutes August 17, 1999 Page 13 “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 30. The Council considered approval of exaction variances from Sections 34-114(17)b and 34-114(5)b, concerning improvements to existing perimeter streets and construction of sidewalks, of the Subdivision and Land Development Regulations for Lots 1 and 2, Block 1 of the Campus Housing Addition. The 19.33-acre subdivision was located on the north side of Meadow Street and south side of Inman Street. The Planning and Zoning Commission recommended approval (4-3). (V-99-007, Campus Housing Addition) Cochran motioned, Durrance seconded to deny the variance for both the sidewalks and the street improvements. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “nay”. Motion carried with a 6-1 vote. ITEMS FOR INDIVIDUAL CONSIDERATION 31. The Council considered and take action on appeal of Irwin Realty Group, the owners and developers of a proposed multi-family project on approximately 14 acres to be located generally at the corner of Ryan Road and Teasley Lane within the City of Denton, Texas, for an exception to be relieved of the provisions of Resolution No. R99-022, as amended, which places a moratorium on multi-family housing. Council Member Kristoferson stated that she did not want to grant the exemption if there was the possibility that the existing zoning was not in place. Burroughs motioned, Beasley seconded to grant the exemption. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote. 32. The Council considered adoption of an ordinance to annex a 167.477 acre tract southeast of the intersection of Robinson Road and Teasley Lane (F.M. 2181), 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. First reading of ordinance. (A-89, Wheeler Ridge) The following ordinance was considered: (FIRST READING) AN ORDINANCE TO ANNEX A 167.477 ACRE TRACT SOUTHEAST OF THE INTERSECTION OF ROBINSON ROAD AND TEASLEY LANE (F.M. 2181), 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. Burroughs motioned, Young 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 17, 1999 Page 14 33. The Council considered adoption of an ordinance authorizing the City Manager to execute a lease between the City of Denton and the Federal Aviation Administration on behalf of the United States of America for land at the Denton Municipal Airport for a single frequency outlet site; and providing for an effective date. The following ordinance was considered: NO. 99-270 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION ADMINISTRATION ON BEHALF OF THE UNITED STATES OF AMERICA FOR LAND AT THE DENTON MUNICIPAL AIRPORT FOR A SINGLE FREQUENCY OUTLET SITE; AND PROVIDING FOR AN EFFECTIVE DATE. Young 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. 34. The Council considered making appointments to the Code Committee, which is an ad hoc committee to be assembled for the purposes of participating in the City of Denton Development Code Rewrite process. Council Member Kristoferson – David Neal – Chair Council Member Burroughs – Jim Kirkpatrick, Joyce Poole Council Member Kristoferson - Debra Drayovitch, Doug Ebersole Mayor Pro Tem Beasley - Jim Engelbrecht, Peggy Fox Mayor Miller - Christine Rowell, Bob Shelton Council Member Cochran - Cecile Carson, Steve Fannin Council Member Durrance - Linda Weinberg, Karen Reidy On roll vote for David Neal as chair of the committee, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 35. The Council received a report, held a discussion, and gave staff direction regarding the 1999-2000 operating budget and the 2000-2004 Capital Improvement Program. Jon Fortune, Director of Management and Budget, reviewed the questions and answers presented during the work session on the budget. 36. The Council considered approval of a resolution of the City Council of the City of Denton, Texas placing a proposal to adopt a 1999 tax rate that will raise more revenue than the 1998 property taxes on the September 7, 1999 agenda; calling a public hearing on a tax increase for August 31, 1999; requiring publication of a notice of public hearing on a tax increase in accordance with the law; and providing an effective date. City of Denton City Council Minutes August 17, 1999 Page 15 The following ordinance was considered: NO. R99-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL TO ADOPT A 1999 TAX RATE THAT WILL RAISE MORE REVENUE THAN THE 1998 PROPERTY TAXES ON THE SEPTEMBER 7, 1999 AGENDA; CALLING A PUBLIC HEARING ON A TAX INCREASE FOR AUGUST 31, 1999; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 37. The Council considered a recommendation from the Oversight Committee for additional funding for an airport improvement grant from TxDOT. Rick Svehla, Deputy City Manager, stated that the Federal government was requesting $20,000 to complete more of the improvements at the Airport. There was $22,000 from the Masch Branch Road extension that could be used for that project. Burroughs motioned, Beasley seconded to approve the using of $22,000 for the project. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 38. This item was considered earlier in the meeting. 39. The Council considered nominations/appointments to the City’s Boards and Commissions. Council Member Cochran nominated Betty Tomboulian to the Human Services Advisory Committee. Council Member Young nominated Bob Powell to the Planning and Zoning Commission. Young motioned, Beasley seconded to suspend the rules and vote on the nominations at this meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. On roll vote for Betty Tomboulian, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. On roll vote for Bob Powell, Beasley “nay”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion failed with a 3-4 vote. City of Denton City Council Minutes August 17, 1999 Page 16 40. Miscellaneous Matters from the City Manager. City Manager Jez did not have any items for Council. 41. New Business There were no items of New Business suggested by Council for future agendas. 42. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. 43. 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 11:45 a.m. _________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ___________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS