Loading...
Minutes November 16, 1999CITY OF DENTON CITY COUNCIL MINUTES November 16, 1999 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, November 16, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall. Item 1. A. of the Closed Meeting agenda listed below was presented at a Joint Meeting of the City Council and the Public Utilities Board at the above time and location. The Public Utilities Board had separately posted notice of this Joint Meeting, which commenced at the City Council's regular Closed Meeting time. Once the City Council had determined that a quorum of the City Council was present, and the City Council convened in an Open meeting; then the City Council convened a Closed Meeting. Thereafter, after determining that a quorum of the Public Utilities Board was present and convening in an Open Meeting, the Public Utilities Board convened in a Closed Meeting on Tuesday, November 16, 1999 at 5:15 p.m. in the City of Denton Council Work Session Room, Denton City Hall. Thereafter, the City Council and the Public Utilities Board commenced their Joint Meeting. 1. Closed Meeting: A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086'*; Deliberations Concerning Real Property --- Under TEX. GOV'T. CODE Section 551.072; and Consultation With Attorney --- Under TEX. GOV'T CODE Section 551.071. (1) Considered, deliberated, and discussed the valuation of and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, without; limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton, Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City's electric generation assets. Conducted a consultation with the City's attorneys, in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorney's duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. Following the completion of Closed Meeting Agenda Item 1. A. the Joint Meeting of the City Council and the Public Utilities Board adjourned. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None Regular Meeting of the City of Denton City Council on Tuesday, November 16, 1999 at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes November 16, 1999 Page 2 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 October 4, October 5, October 12, October 13, October 14, and October 19, 1999. Mayor Pro Tem Beasley asked for a correction to the October 13th meeting. Cochran motioned, Beasley seconded to approve the minutes with a correction to the October 13th meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. PRESENTATIONS/PROCLAMATIONS 3. Awards a. Presentation of the 1999 Excellence in Public Procurement Award to the City of Denton's Purchasing Department b. Presentation of the National Association of Telecommunications Officers and Advisers 1999 Programming Award c. Presentation of gift to the Denton Parks Foundation and the City of Denton by Huffines Corporation. 4. Proclamations a. Denton Family Unity Week Mayor Miller presented a proclamation for Denton Family Unity Week. CONSENT AGENDA Cochran motioned, Durrance seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 5. Approved a tax refund to Dentex Title Company for William Schoen in the amount of $1,500.49. The 1998 property taxes were paid twice. 6. No. 99-416 AN ORDINANCE RESCINDING THE AWARD OF A PUBLIC WORKS CONTRACT TO GREAT SOUTHWESTERN CONSTRUCTION, INC., FOR THE CONSTRUCTION OF 69KV TRANSMISSION FACILITIES IN THE AMOUNT OF City of Demon City Council Minutes November 16, 1999 Page 3 $1,310,622 (ORDINANCE 99-394) AND AWARDING A PUBLIC WORKS CONTRACT AND PROVIDING EXPENDITURE OF FUNDS FOR EMERGENCY CONSTRUCTION OF A 69 KV TRANSMISSION FACILITIES IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING AND PROVIDING AN EFFECTIVE DATE. (PO #00983 - GREAT SOUTHWESTERN CONSTRUCTION, INC. IN THE AMOUNT OF $1,393,814.62.) NO. 99-417 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY, TEXAS TO AUTHORIZE PARTICIPATION IN VARIOUS COLLIN COUNTY, TEXAS CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. (FILE #2437 - INTERLOCAL AGREEMENT WITH COLLIN COUNTY, TEXAS) NO. 99-418 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF COPY MACHINE MAINTENANCE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND APPROVING AN EFFECTIVE DATE. (PO #00194 TO DANKA OFFICE IMAGING IN THE AMOUNT OF $26,760 PER YEAR THROUGH JANUARY 2002) NO. 99-419 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF LIFEPAK DEFIBRILLATORS, MONITORS AND PERIPHERALS, 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. (PO #00972 - MEDTRONIC PHYSIO-CONTROL FOR LIFEPAK 12 DEFIBRILLATORS, MONITORS AND PERIPHERALS AND UPGRADES TO LIFEPAK 10 DEFIBRILLATORS, IN THE AMOUNT OF $98,201.50) 10. NO. 99-420 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF FIBER OPTIC CABLE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PO #00974 TO FMS TECHNOLOGIES, INC. IN THE AMOUNT OF $35,490) City of Demon City Council Minutes November 16, 1999 Page 4 11 NO. 99-421 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO CARROLL BOULEVARD FROM COLLINS STREET TO SHERMAN DRIVE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 12. NO. 99-422 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO MALONE STREET FROM SCRIPTURE STREET TO U.S. 380; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 13 NO. 99-423 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 14. NO. 99-424 AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 15. NO. 99-425 AN ORDINANCE ADOPTING A CITY LOGO, TO BE USED AS THE OFFICIAL LOGO OF THE CITY OF DENTON AND ADOPTING A LOGO TO BE USED AS THE OFFICIAL LOGO FOR THE FLAG OF THE CITY OF DENTON. 16. NO. R99-062 A RESOLUTION APPROVING CITY POLICIES ESTABLISHING THE CITY OF DENTON PUBLICATION AND USAGE STANDARDS REGARDING THE OFFICIAL CITY LOGO, LOGO FOR CITY OF DENTON FLAG, MUNICIPAL ELECTRIC LOGO, AND GRAPHIC IDENTITY MARKERS. ANNEXATIONS 17. The Council considered adoption of an ordinance to volumarily annex approximately 34.40 acres of land located on the south side of E1 Paseo Drive, between Forrestridge Drive and Montecito Drive, to approve a service plan for the annexed property, to provide a severability City of Denton City Council Minutes November 16, 1999 Page 5 clause and to provide for an effective date. Second reading of the ordinance. (A-90, Shadow Brook Place) The following ordinance was considered: NO. 99-426 AN ORDINANCE TO VOLUNTARILY ANNEX APPROXIMATELY 34.40 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EL PASEO DRIVE, BETWEEN FORRESTRIDGE DRIVE AND MONTECITO DRIVE, TO APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE AND TO PROVIDE FOR AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to adopt the ordinance. Mayor Miller indicated that there were Speaker Cards for this item. Beverly Stephens, 420 E1 Paseo, Denton, 76205 - favor Robert Heilig, 809 Ryan Rd., Denton, 76205 - opposition On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 18. The Council considered adoption of an ordinance to voluntarily disannex and release from the city's extraterritorial jurisdiction approximately 2.1 acres located west of State School Road, north of its intersection with Robinson Road in the Oakmont II subdivision; and to provide an effective date. Second reading of the ordinance. (A-92, Oakmont II) The following ordinance was considered: NO. 99-427 AN ORDINANCE TO VOLUNTARILY DISANNEX AND RELEASE FROM THE CITY'S EXTRATERRITORIAL JURISDICTION APPROXIMATELY 2.1 ACRES LOCATED WEST OF STATE SCHOOL ROAD, NORTH OF ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT II SUBDIVISION; AND TO PROVIDE AN EFFECTIVE DATE. Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 19. The Council considered adoption of an ordinance to voluntarily disannex and release from the city's extraterritorial jurisdiction approximately 16.3 acres located south of Robinson Road in the Oakmont IV subdivision; and to provide an effective date. Second reading of the ordinance. (A-93, Oakmont IV) The following ordinance was considered: City of Denton City Council Minutes November 16, 1999 Page 6 NO. 99-428 AN ORDINANCE TO VOLUNTARILY DISANNEX AND RELEASE FROM THE CITY'S EXTRATERRITORIAL JURISDICTION APPROXIMATELY 16.3 ACRES LOCATED SOUTH OF ROBINSON ROAD IN THE OAKMONT IV SUBDIVISION; AND TO PROVIDE AN EFFECTIVE DATE Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. PUBLIC HEARINGS 20. The Council held a public hearing to consider designating a certain area within the John Davis Survey, Abstract 326, James Perry Survey, Abstract 1040, and Eugene Puchalski Survey, Abstract 996, being approximately 100 acres near Airport Road and Precision Drive and being more fully described in the notice of public hearing as Reinvestment Zone II for commercial/industrial tax abatement purposes. Interested persons were invited to present evidence for or against the designation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described should be included in the proposed reinvestment zone, and the concept of tax abatement. Linda Ratliff, Director of Economic Development, stated that the purpose of the zone was to consider a tax abatement agreement with Peterbilt. The Mayor opened the public hearing. The following individuals spoke during the pubic hearing: Ed Soph, 1620 Victoria, Denton, 76201 - opposition Monika Antonelli, 1202 Oakwood, Denton, 76205 -opposition Eva Cadwallader, 3920 Fawn Drive, Denton, 76208 - opposition Mayor Miller indicated that he had the following Speaker Cards from individuals who did not wish to address the Council: Jeffrey Levy, 1610 E. McKinney, #1813, Denton, 76201 - opposition Mark Coomes, P.O. Box 343, Denton, 76202 - opposition Elda Robert Ginn, 3406 Bob-O-Link, Denton, 76201 - opposition Carol Soph, 1620 Victoria, Denton, 76201 - opposition E. Parks Olmon, 4401 E. University, Denton, 76208 - opposition James Rogers, 3000 Santa Monica, Denton, 76205 - opposition Mayor closed the public hearing. 21. The Council continued a public hearing from Oct. 19th, 1999, and considered adoption of an ordinance of the City of Denton, Texas adopting the Comprehensive Plan as an official policy document intended to guide future community growth and development decision-making as City of Denton City Council Minutes November 16, 1999 Page 7 authorized by Chapter 219 of the Texas Local Government Code and Charter of the City of Denton; providing for the repeal of all ordinances in conflict herewith; providing a severability clause; providing a savings clause; and providing an effective date. Dave Hill, Assistant City Manager for Development Services, stated that Council decided to continue the public hearing from October 19th which would move adoption of the plan to December 7th. The intent of this meeting was to continue the public hearing to December 7th and to receive additional information from the DISD. The Mayor opened the public hearing. The following individuals spoke during the public hearing. Robyn Mulldendore, 1139 Oakhurst, Denton, 76205 - favor Beasley motioned, Burroughs seconded to postpone the public hearing and continue it on December 7th. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 22. The Council held a public hearing and considered approval of a resolution that demonstrates compliance with Senate Bill Number 89, effective September 1st, 1999, that requires municipalities to adopt an annexation plan as required by Section 43.052 of the Texas Local Government Code, on or before December 31st, 1999, that becomes effective December 31st, 1999. Dave Hill, Assistant City Manager for Development Services, stated that the resolution complied with the minimum requirements of Senate Bill 89 for annexations. Much of the contents of the bill dealt with annexation of populated areas and did not affect Denton very dramatically. It was proposed to declare that Denton had no land that would add to a mandated 3 year annexation plan. It also directed the web master to post this resolution on the web site as per state law. 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. R99-063 A RESOLUTION THAT DEMONSTRATES COMPLIANCE WITH SENATE BILL NUMBER 89, EFFECTIVE SEPTEMBER lST, 1999, THAT REQUIRES MUNICIPALITIES TO ADOPT AN ANNEXATION PLAN AS REQUIRED BY SECTION 43.052 OF THE TEXAS LOCAL GOVERNMENT CODE, ON OR BEFORE DECEMBER 31sT, 1999, THAT BECOMES EFFECTIVE DECEMBER 31sT, 1999. City of Denton City Council Minutes November 16, 1999 Page 8 Kristoferson 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. PUBLIC HEARINGS-ZONING 23. The Council held a public hearing and considered rezoning approximately 47 acres from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The property was located on the south side of McKinney Street (F.M. 426), approximately 3,000 feet east of the intersection with Trinity Road. Development of a single-family subdivision with a minimum 5,500 square foot lot size was proposed. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-99-046, Lakeview Ranch - PD) Mark Donaldson, Assistant Planning Director, stated that staff had received a fax from the applicant requesting to postpone the public hearings for Lakeview Ranch. He suggested the Council open the public hearing and continue it to a date not yet determined. The Mayor opened the public hearing. David Morris, 9842 Angel Bend, Denton, 76208 - opposition Mayor Miller indicated he had the following Speaker Cards from individuals who did not wish to address the Council: Russell Bates, 2185 Wood Hollow, Denton, 76208 - opposition Lanita Morris, 9842 Angel Bend, Denton, 76208 - opposition Ralph Thomas and Gayla Bridges, 8098 E. McKinney, Denton 76208 - opposition Joanna Bates, 2185 Wood Hollow, Denton, 76208 - opposition Pam Mason, 9916 Angel Bend, Denton, 76208 - opposition Darlene Angel, 2086 Wood Hollow Road, Denton, 76208 - opposition Oleta Kate Bridges, 8144 E. McKinney, Denton 76208 - opposition Anna Bell Blackwell Briggs, 9828 Angel Bend, Denton, 76208 - opposition Nina Blackwell Jackson, 313 Windjammer, Wichita Falls, 76308 - opposition James Bridges, Rt. 2, Box 636D, Denton 76208 - opposition Kristoferson motioned, Beasley seconded to continue the public hearing until January 4, 2000. 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 held a public hearing and considered rezoning approximately 410 acres from an Agricultural (A) zoning district to a Single-family 7 (SF-7) zoning district on about 133 acres, Single-family 10 (SF-10) zoning district on about 85 acres, and Single-family 13 (SF-13) zoning district on about 192 acres. The property was located between University Drive (HWY 380) and McKinney Street (F.M. 426) east of Mayhill Road. Development of a mix of single-family lots and housing types was proposed. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-072, Lakeview Ranch) City of Denton City Council Minutes November 16, 1999 Page 9 Mark Donaldson, Assistant Planning Director, stated that staff had received a fax from the applicant requesting to postpone the public hearings for Lakeview Ranch. He suggested the Council open the public hearing and continue it to a date not yet determined. The Mayor opened the public hearing. No one spoke during the public hearing. Burroughs motioned, Beasley seconded to continue the public hearing until January 4th. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 25. The Council held a public hearing and considered zoning approximately 34 acres to One Family Dwelling (SF-16) zoning district and land use classification. The property was located south of E1 Paseo Drive, between Forrestridge Drive and Montecito Drive. Single family residential development was proposed. The Planning and Zoning Commission recommended approval (5-0). (Z-99-051, Shadow Brook Place) Mark Donaldson, Assistant Planning Director, stated that the request was for single family zoning with minimum lot size of 16,000 square feet. Surrounding areas had the same zoning. The Planning and Zoning Commission recommended approval with no conditions. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Beverly Stephens, 420 E1 Paseo, Denton, 76205 - favor Helmut Knefely, 401 San Sabastian - opposition to flood plain proposal and water level Melissa Lux, 400 San Sabastian, Denton, 76205 - opposition Stanley Ratliff, 801 Ryan Road, Denton, 76205 - opposition Roger Nunn, 401 Santiago, Denton, 76205 - opposition Larry Tubbs, 404 Santiago, Denton, 76205 - opposition Myra Crownover, 3710 Granada Trail, Denton, 76205 - opposition Ann Tubs, 404 Santiago Place, Denton, 76205 - opposition Robert Hiley, 208 Ryan Road, Denton, 76205 - opposition Rebuttal by Stephens Kristoferson motioned, Cochran seconded to postpone consideration and continue the public hearing until December 7th in order to assess the situation and to try and mitigate what had already been done. Hill stated that the annexation of the area would vest municipal authority and Council could direct staff through planning and utilities to look at options for zoning. Staff could evaluate what currently was on the site and look for methods of restoration of the area. City Attorney Prouty stated that annexation would also vest other city ordinances regarding flood plain, etc. Ms. Stephens suggested a postponement until the engineering study was completed. City of Denton City Council Minutes November 16, 1999 Page 10 Mayor Miller suggested a postponement until a date certain or until the Planning Department was satisfied that the proposal was ready to proceed. City Attorney Prouty suggested continuing the public hearing to a date certain in January subject to the engineering study being completed by that date. If the study were not done by that date, the proposal might have to be readvertised in the paper. Hill recommended a reconsideration date of January 18th subject to the completion of the engineering study. On roll vote to postpone consideration and continue the public hearing on January 18th subject to the completion of the engineering study, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Kristoferson motioned, Young seconded to reconsider the effective date of the annexation ordinance passed on #17. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Kristoferson motioned, Young seconded to change the effective date of the annexation ordinance passed in Item #17 to November 16, 1999. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 26. The Council held a public hearing and considered amending the Concept Plan for the Planned Development 132 (PD 132) zoning district. The request was to amend the definition of a "front yard" for single-family lots. The intent was to allow porches to extend into the front yard. The 428 acre property was located to the north of Shady Shores Road and on the east side of Swisher Road. The Planning and Zoning Commission recommended denial (5-2). (Z-99- 067, The Preserve) Mark Donaldson, Assistant Planning Director, stated that this request was to amend the text of the Planned Development to allow for porches to extend into the front yard of the single family lots. A super majority vote by Council was needed for approval as the Planning and Zoning Commission had voted to deny the request. The Mayor opened the public hearing. The following individual spoke during the public hearing: Marc Footlick, 4000 West Windsor Drive, Flower Mound - favor The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes November 16, 1999 Page 11 NO. 99-429 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE AREA REGULATIONS AS THEY PERTAIN TO THE DEFINITION OF A "FRONT YARD" OF ORDINANCE 98-394 WHICH APPROVED AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 132 (PD132) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 427.616 ACRES OF LAND LOCATED TO THE NORTH OF SHADY SHORES ROAD AND THE EAST SIDE OF SWISHER ROAD; PROVIDING FOR A SAVINGS CLAUSE; PROVIDNG FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY CLUASE; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-067) Cochran motioned, Burroughs seconded to adopt the ordinance with the addition of language in the definitions to preclude having a garage or carport as part of the porch. 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. 27. The Council held a public hearing and considered rezoning approximately 4.7 acres from the Planned Development 12 (PD-12) zoning district to Office (O) and Commercial (C) zoning districts. The property was located at the southeast corner of 1-35E and State School Road. The purpose of the zoning change was to develop a cancer treatment clinic and expand an auto dealership. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-99-076, Denton Cancer Center) Mark Donaldson, Assistant Planning Director, stated that two zoning districts were proposed. One district was for an office and one for commercial zoning. The Planning and Zoning Commission had recommended approval with conditions. The Mayor opened the public hearing. The following individual spoke during the public hearing: James Wood, 3906 I35E South, Denton, 76202 - favor with a request to be exempted from the condition of adding additional canopy trees. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-430 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT 12 (PD-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE CONDITIONED (O[C]) AND COMMERCIAL CONDITIONED (C[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.701 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE 35E AND STATE City of Denton City Council Minutes November 16, 1999 Page 12 SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THERELF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDNG FOR AN EFFECTIVE DATE. (Z-99-076) Young motioned, Burroughs seconded to adopt the ordinance as recommended by the Planning and Zoning Commission with the removal of condition #6 from the commercial zoning requirements. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 28. The Council held a public hearing and considered a Detailed Plan for a Planned Development (PD-178) zoning district. The 1.29 acre property was located at 3020 Country Club Road. The proposal was for a zone change from Light Industrial (LI) to a Planned Development District to build a duplex on the lot. The Planning and Zoning Commission recommended approval (7-0). (Z-99-078, Arrington Addition) Mark Donaldson, Assistant Planning Director, stated that the applicant was asking to change the zoning from light industrial to planned development to allow for construction of a second duplex on the property. There currently was a single story duplex on the property. The Mayor opened the public hearing. The following individual spoke during the public hearing: Pauline Arrington, property owner - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 99-431 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM A LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-178) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.29 ACRES OF LAND LOCATED AT 3020 COUNTRY CLUB ROAD AND APPROVING A DETAILED PLAN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDNG A SEVERABILITYU CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Z- 99-078) Cochran 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. 29. The Council held a public hearing and considered a Detailed Plan for an amendment to the Planned Development 35 (PD-35) zoning district. The 7.626 acre property was generally City of Denton City Council Minutes November 16, 1999 Page 13 located on the corner of U.S. Hwy 377 and the Santa Fe Railway, west of F.M. 1830. The proposal was to amend the original Detailed Plan for PD-35 from a multi-family use of 15 lots with 60 dwelling units to a single-family use consisting of 40 lots. The Planning and Zoning Commission recommended approval (7-0). (Z-99-079, Bent Creek Estates) Mark Donaldson, Assistant Planning Director, stated that this request was for an amendment to the detailed plan to change the zoning to single family lots instead of the current multi-family usage. The Mayor opened the public hearing. The following individual spoke during the public hearing: D. R. Cameron, 2300 Highland Village Road, Highland Village - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 99-432 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 97-205, TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR PLANNED DEVELOPMENT (PD-35), BY APPROVING A REVISED DETAILED PLAN FOR 7.626 ACRES OF LAND LOCATED ON THE CORNER OF U.S. HIGHWAY 377 AND THE STANTA FE RAILWAY, WEST OF F.M. 1830; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDNG FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-079) Young motioned, Burroughs seconded to adopt the ordinance as recommended by the Planning and Zoning Commission. Mayor Pro Tem Beasley suggested a friendly amendment to change the condition to include 75% brick on the exterior of the homes except for the door and windows. Council Members Young and Burroughs accepted that amendment to the motion. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. PUBLIC HEARINGS-ANNEXATIONS 30. The Council held the second of two public hearings regarding a proposed voluntary annexation of approximately 24 acres located at the southwest corner of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of annexation would be Agricultural (A). (A-96, Silver Dome at Cooper Creek) City of Denton City Council Minutes November 16, 1999 Page 14 The Mayor opened the public hearing. The following individual spoke during the public hearing: Christopher Jackson, 600 North Pearl, Suite 650, Dallas, 75201 - favor The Mayor closed the public hearing. ITEMS FOR INDIVIDUAL CONSIDERATION 31. The Council considered adoption of an ordinance designating a certain area within the city limits of Denton as Reinvestment Zone II for commercial/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. The following ordinance was considered: NO. 99-433 AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AS REINVESTMENT ZONE NO. II FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT; ESTABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING F1ND1NGS REQUIRED IN ACCORDNACE WITH CHAPTERS 311 AND 312 OF THE TEXAS TAX CODE; ORDAINING OTHER MATTERS RELATING THERETO; PROVIDING A SEVERABILITY CLAUSE; PROVIDNG FOR REPEAL; ANDPROVID1NG AN EFFECTIVE DATE. Young motioned, Burroughs seconded to adopt the ordinance. Council Member Cochran Mike stated that he would be voting against the motion as he did not feel that Peterbilt had fulfilled the requirements of the ordinance, in particular the second whereas regarding "to build improvements". He felt that the company should be building improvements to the plant and not just adding new equipment. He was also not sure that establishing the zone would be a benefit to the city. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. 32. The Council considered adoption of an ordinance authorizing the Mayor to execute a tax abatement agreement with Peterbilt Motors Company setting forth all the required terms of the tax abatement agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions precedent to Peterbilt Motors Company receiving the tax abatement; and further authorizing the Mayor to execute an electric service agreement between the City of Denton, Texas and Peterbilt Motors Company; providing for a severability clause; and providing an effective date. City of Denton City Council Minutes November 16, 1999 Page 15 Burroughs motioned, Young seconded to adopt the ordinance. The following individuals spoke on the issue: James Rodgers, 3000 Santa Monica, Denton, 76205-opposition Ed Soph, 1620 Victoria, Denton, 76201 - opposition Eva Cadwallader, 3920 Fawn Drive, Denton, 76208 - opposition The following individuals presented Speaker Cards but did not wish to address Council: Mark Coomes, P.O. Box 343, Denton, 76202 - opposition Jeffrey Levy, 1610 E. McKinney #1813, Denton, 76201 - opposition Council debated the pros and cons regarding tax abatements. City Attorney Prouty stated that the procedural guidelines require a narrative form be submitted and that may not have been done. He suggested amending the motion subject to Peterbilt complying with all terms of the agreement including Section 2. Council Member Burroughs and Young agreed to include that in the motion and second. 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. 33. The Council considered adoption of an ordinance of the City Council, City of Denton, Texas authorizing the Mayor to execute an amendment to the current Depository Contract with Texas Bank for a period of ninety (90) days and adding a Y2K compliance clause; and providing for an effective date. The following ordinance was considered: NO. 99-434 AN ORDINANCE OF THE CITY COUNCIL, CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CURRENT DEPOSITORY CONTRACT WITH TEXAS BANK FOR A PERIOD OF N1NETY (90) DAYS AND ADDING A Y2K COMPLIANCE CLAUSE; 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. 34. The Council considered approval of a resolution authorizing the Public Utility Commission of Texas to set the allocation formula that determines what portion of the base amount (annual franchise fee or right-of-way use fee paid by certificated telecommunications providers) to be paid the City under HB 1777 is allocated to each category of access line within the City of Denton and declaring an effective date. City of Denton City Council Minutes November 16, 1999 Page 16 The following resolution was considered: NO. R99-064 A RESOLUTION AUTHORIZING THE PUBLIC UTILITY COMMISSION OF TEXAS TO SET THE ALLOCATION FORMULA THAT DETERMINES WHAT PORTION OF THE BASE AMOUNT (ANNUAL FRANCHISE FEE OR RIGHT-OF- WAY USE FEE PAID BY CERTIFICATED TELECOMMUNICATIONS PROVIDERS) TO BE PAID THE CITY UNDER HB 1777 IS ALLOCATED TO EACH CATEGORY OF ACCESS LINE WITHIN THE CITY OF DENTON AND DECLARING AN EFFECTIVE DATE Burroughs motioned, Beasley 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. 35. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a first amendment to that contract for professional legal services with the law firm of Terry Morgan and Associates adding to the current scope of services legal analysis of the City of Denton Comprehensive Plan 1999-2020, any requested assistance in rewriting the Denton Development Code, and other legal services related thereto; increasing the compensation under the contract to cover these additional services; authorizing the expenditure of funds therefore; providing for retroactive effect o the agreement; and providing an effective date. The following ordinance was considered: NO. 99-435 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THAT CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF TERRY MORGAN AND ASSOCIATES ADDING TO THE CURRENT SCOPE OF SERVICES LEGAL ANALYSIS OF THE CITY OF DENTON COMPREHENSIVE PLAN 1999-2020, ANY REQUESTED ASSISTANCE IN REWRITING THE DENTON DEVELOPMENT CODE, AND OTHER LEGAL SERVICES RELATED THERETO; INCREASING THE COMPENSATION UNDER THE CONTRACT TO COVER THESE ADDITIONAL SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; PROVIDING FOR RETROACTIVE EFFECT O THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Durrance 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. 36. The Council considered adoption of an ordinance on second reading granting a franchise to Metricom, Inc., for the use and occupancy of the public rights-of-way of the City of Denton for telecommunications purposes; providing for conditions of such use; providing for City of Denton City Council Minutes November 16, 1999 Page 17 compensation for such use and occupancy; and ordaining other provisions related to the subject matter hereof. The following ordinance was considered: NO. 99-436 AN ORDINANCE ON SECOND READ1NG GRANT1NG A FRANCHISE TO METRICOM, INC., FOR THE USE AND OCCUPANCY OF THE PUBLIC RIGHTS- OF-WAY OF THE CITY OF DENTON FOR TELECOMMUNICATIONS PURPOSES; PROVIDING FOR CONDITIONS OF SUCH USE; PROVIDING FOR COMPENSATION FOR SUCH USE AND OCCUPANCY; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. Beasley 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. 37. The Council considered adoption of an ordinance on second reading granting to Denton County Electric Cooperative, Inc., doing business as CoServ Electric, a franchise for the purpose of constructing, maintaining, and using an electric utility system in the City of Denton; regulating the construction work done by the grantee in the City; prescribing the duties, responsibilities, and rule-making authority of the City Manager and the City with respect to administration of this franchise; providing for enforcement of the franchise; prescribing the compensation to be paid the City by the grantee for the franchise privilege; setting forth the term of the franchise; providing for a severability provision; providing for acceptance of the franchise by grantee; and providing an effective date. The following ordinance was considered: (First Reading) AN ORDINANCE ON SECOND READING GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., DOING BUS1NESS AS COSERV ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE-MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes November 16, 1999 Page 18 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. 38. The Council considered adoption of an ordinance authorizing the City Manager to execute a second amendment to the annexation agreement entered into between the City of Denton and Violet Property Associates, L.P., as part of the settlement of litigation styled City of Denton v. Denton County Fresh Water Supply District No. iA and Denton County Fresh Water Supply District No. 5 for the purpose of establishing a timeline for construction of Highway 377 water line; and providing an effective date. The following ordinance was considered: NO. 99-437 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE ANNEXATION AGREEMENT ENTERED INTO BETWEEN THE CITY OF DENTON AND VIOLET PROPERTY ASSOCIATES, L.P., AS PART OF THE SETTLEMENT OF LITIGATION STYLED CITY OF DENTON lA. DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. iA AND DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 5 FOR THE PURPOSE OF ESTABLISHING A TIMELINE FOR CONSTRUCTION OF HIGHWAY 377 WATER LINE; AND PROVIDING 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. 39. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Young nominated Evelyn Curry to the Library Board. Beasley motioned, Young seconded to suspend the Council rules and vote on the nomination at this meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. On roll vote for the nomination, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 40. Miscellaneous matters from the City Manager. City Manager Jez indicated that a report had gone out to Council regarding the Citizen Report made at the last meeting by Tom Adkins regarding the health insurance bid process. 41. New Business The following items of New Business were suggested by Council Members for future agendas: City of Denton City Council Minutes November 16, 1999 Page 19 A. Council Member Kristoferson requested a report regarding the sunsetting of planned developments. 42. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 43. There was no official action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 11:31 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS