Loading...
Minutes March 07, 2000CITY OF DENTON CITY COUNCIL MINUTES March 7, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, March 7, 2000 at 5:15 p.m. in the City of Denton City Manager’s Conference Room. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, and Kristoferson. ABSENT: Council Member Young 1. Closed Meeting: A. Consultation With Attorneys --- Under TEX. GOV’T. CODE Section 551.071. (1) Considered and discussed status of litigation styled Ex Parte Upper Trinity th Regional Water District, Cause No. 2000-30033-211, pending in the 211 Judicial District Court in and for Denton County, Texas, being an action brought under the Texas “Expedited Declaratory Judgment Act:, in which the City is a party; to include possible intervention or other legal action to be taken by the City in this pending litigation. B. 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. (1) Received information from Staff, discussed, deliberated, considered, and provided Staff with direction respecting 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 County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City’s electric generation assets. Regular Meeting of the City of Denton City Council on Tuesday, March 7, 2000 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, and Kristoferson. ABSENT: Council Member Young Posting of Colors by Cub Scout Pack 51 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. City of Denton City Council Minutes March 7, 2000 Page 2 2. The Council considered approval of the minutes of December 7 and December 14, 1999, and January 4, January 10, and January 11, 2000. Durrance motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. PROCLAMATIONS/PRESENTATIONS 3. March Yard-of-the-Month Awards Mayor Miller presented the following Yard of the Month awards: Joe and Ruth Bain Curtis and Carolyn Gold Denton Area Teachers Credit Union 4. Presentations Mayor Miller made the following presentations: a. Winners of the “Name the System” Campaign for transit system. b. Proclamation for Brave Combo. c. Proclamation for Census Awareness Month 5. Resolution of Appreciation a. The Council considered approval of a resolution of appreciation for Ralph Harpool. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. b. The Council considered approval of a resolution of appreciation for Jimmy Cross. Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. CITIZEN REPORTS 6. The Council received a report from Willie Hudspeth regarding tree removal from his property. Mr. Hudspeth reviewed the situation regarding the removal of trees from his property for drainage improvements. He felt that the drainage area could have been moved to the north so as to save his trees. 7. The Council received a report from Lonnie Hillard regarding loud stereo systems in cars. Mr. Hillard was not present at the meeting. City of Denton City Council Minutes March 7, 2000 Page 3 CONSENT AGENDA Cochran motioned, Kristoferson seconded to approve the Consent Agenda and the accompanying ordinances and resolutions. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 8. Approved a tax refund to Thomas and Lila Sembera in the amount of $513.99. The 1999 tax was paid twice, resulting in an overpayment. 9. NO. R2000-009 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE. 10. NO. 2000-070 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE PRESERVE AT PECAN CREEK PARTNERS, LTD. FOR THE CITY’S PARTICIPATION IN THE OVERSIZING OF SANITARY SEWER FORCE MAINS AND A LIFT STATION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 11. NO. 2000-071 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND RANCH VENTURES, LTD. FOR THE CITY’S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 12. NO. 2000-072 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND J&S WOOD, L.P. FOR THE CITY’S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes March 7, 2000 Page 4 13. NO. 2000-073 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2444-REFURBISH TEXOMA DIGGER- COMMERCIAL BODY-$48,764.30) 14. NO. 2000-074 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FLEET VEHICLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2457-FLEET VEHICLES AS LISTED IN ORDINANCE-$453,859) 15. NO. 2000-075 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF LOADER/BACKHOE TRACTORS AND A SKID STEER LOADER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2459- LOADER/BACKHOE TRACTORS AND SKID STEER LOADER AS LISTED- $117,635.93) 16. NO. 2000-076 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY PURCHASE OF DISTRIBUTION WIRE AND CABLE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2460-ANNUAL PRICE AGREEMENT-ESTIMATED $850,000) 17. NO. 2000-077 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE MATERIALS, SUPPLIES AND SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2461-RUBBER GOODS TESTING- J. L. MATTHEWS CO., INC.-ESTIMATED $30,000) 18. NO. 2000-078 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES AND SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2463-ANNUAL CONTRACT FOR REFUSE BAGS-RESOURCEFUL BAG AND TAG CO.-$87,300) City of Denton City Council Minutes March 7, 2000 Page 5 19. NO. 2000-079 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2464-WATER TREATMENT CHEMICALS AS LISTED-$458,600) 20. NO. 2000-080 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2466-PADMOUNTED SWITCHGEAR-CUMMINS UTILITY SUPPLY-ESTIMATED $230,545) 21. NO. 2000-081 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING ANNUAL CONTRACTS FOR THE PURCHASE OF MATERIALS, SUPPLIES AND SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2467-ANNUAL MOWING CONTRACTS AS LISTED-ESTIMATED $65,000) 22. NO. 2000-082 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2471-ELECTRICALLY CONTROLLED LINE RECLOSERS-COOPER POWER SYSTEMS C/O PRIESTER SUPPLY-NOT TO EXCEED $122,112) 23. NO. 2000-083 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PO 03178–RELIANT ENERGY HL&P; PO 03179-CENTRAL POWER & LIGHT CO; PO 03181-TXU ELECTRIC TRANSMISSION DIV.-$445,442.25) 24. NO. 2000-084 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AUTOMATED METER READING TRANSMITTERS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF City of Denton City Council Minutes March 7, 2000 Page 6 STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO 03370-HUNT TECHNOLOGIES, INC. – $149,750) 25. NO. 2000-085 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PROPRIETARY SOFTWARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO 03612 – ORACLE GOVERNMENT DMD–$83,535.00) 26. NO. 2000-086 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH INTELLISYS GROUP, INC. FOR THE DESIGN AND INSTALLATION OF A STREAMING MEDIA SYSTEM AND RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PSA 2458-DESIGN/INSTALLATION-STREAMING MEDIA SYSTEM AND RELATED SERVICES-INTELLISYS GROUP, INC.-$170,279) 27. NO. 2000-087 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND KEEP DENTON BEAUTIFUL, INCORPORATED RELATING TO DEVELOPING PROGRAMS ENHANCING THE APPEARANCE AND ENVIRONMENT OF DENTON; AND PROVIDING AN EFFECTIVE DATE. 28. NO. 2000-088 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN DOUGLAS C. WEYER, THE WEYER LIVING TRUST–DATED JANUARY 12, 1995 AND THE CITY OF DENTON WHICH AMENDS AN AGREEMENT ENTERED INTO ON FEBRUARY 16, 1999; AND PROVIDING AN EFFECTIVE DATE. 29. NO. R2000-010 A RESOLUTION AMENDING THE RESOLUTION NO. R99-045, AS AMENDED, PASSED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999 TO ADD PROJECTS NECESSITATED BY THE NEED TO ACQUIRE PROPERTY NEAR CITY HALL EAST FOR CITY HALL EAST RENOVATIONS, NEW ERCOT REQUIREMENTS, WATER TREATMENT PLANT EXPANSION, AND ADDITIONAL SEWER LINES; TO THE UTILITY AND GENERAL GOVERNMENT CAPITAL IMPROVEMENT PROGRAM FOR 2000-2004; PROVIDING A SAVINGS CLAUSE; AND PROVIDING City of Denton City Council Minutes March 7, 2000 Page 7 AN EFFECTIVE DATE. 30. NO. 2000-089 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND FREDDA SUE BROCKETT, RELATING THE PURCHASE OF 0.17 ACRE OF LAND LOCATED IN THE HIRAM SISCO 320 ACRE SURVEY, ABSTRACT NO. 1184, FOR USE BY THE POLICE DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS/ZONING ACTIONS 31. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for 215 First Street, a proposal to rezone 0.25 acres from a Two-family dwelling (2-F) zoning district to a Neighborhood Service (NS) zoning district. (This was not a public hearing.) Beasley motioned, Kristoferson seconded to approve the exemption. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 32. The Council held a public hearing and considered rezoning approximately 0.25 acres from Two-family dwelling (2-F) zoning district to a Neighborhood Service (NS) zoning district. The property was located at 215 First Street. The change of zoning would allow the utilization of the existing non-residential structure on the eastern portion of the site for non-residential use. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-99-090, 215 First Street) Doug Powell, Director of Planning and Development, presented the details of the case as noted in the agenda materials. The Mayor opened the public hearing. The following individual spoke during the public hearing: Darlene Doyle, 4876 Luginbyhl Rd., Sanger, 76266 - favor The Mayor closed the public hearing. Beasley motioned, Burroughs seconded to adopt the ordinance with the conditions as noted by the Planning and Zoning Commission. Council Member Kristoferson asked for a friendly amendment to include a restriction for signage as noted in Section 33-182 and to a wall sign. Beasley and Burroughs agreed to add those conditions to their motion and second. City of Denton City Council Minutes March 7, 2000 Page 8 On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “nay”, and Mayor Miller “aye”. Motion carried with a 4-2 vote. 33. The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by Terra Baine, Inc. for 47.3 acres of the Lakeview Ranch located on the south side of McKinney Street (FM 426), approximately 3,000 feet east of the intersection with Trinity Road. (This was not a public hearing.) Doug Powell, Director of Planning and Development, stated that the developer had requested a postponement on consideration of Items #33-36. Tommy Baine, 700 Lakeview Blvd., Dallas, requested that the zoning case be moved to the next Council meeting for the purpose of meeting once more with staff regarding some unresolved issues. Relief measures could also be postponed until that meeting. th Powell suggested postponing consideration for four weeks to the April 4 City Council meeting. th Kristoferson motioned, Beasley seconded to postpone consideration until April 4. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 34. The Council continued a public hearing and considered rezoning a 47.3 acre tract from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The property was legally described as Tract 11 out of the W. Durham Survey (Abstract 330) and was located on the south side of McKinney Street (F.M. 426), approximately 3,000 feet east of the intersection with Trinity Road. The proposal was to develop a single-family subdivision with a minimum 5,500 square foot lot size. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-99-046, Lakeview Ranch – PD) The Mayor opened the public hearing. Burroughs motioned, Beasley seconded to continue the public hearing and consideration of the th request until the April 4 Council meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 35. The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by Terra Baine, Inc. for 410 acres of the Lakeview Ranch located between University Drive (Hwy 380) and McKinney Street (F.M. 426) east of Mayhill Road. (This was not a public hearing.) Kristoferson motioned, Durrance seconded to postpone consideration of the relief until the April th 4 Council meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 36. The Council continued 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) City of Denton City Council Minutes March 7, 2000 Page 9 zoning district on about 192 acres. The property was legally described as Tracts 20, 23, 27A, 36, 40, 123, 124, 125, and 127 out of the M. Forrest Survey (Abstract 417) and Tract 10 out of the W. Durham Survey (Abstract 330) in the City of Denton, Denton County, Texas. It was located between University Drive (Hwy. 380) and McKinney Street (F.M. 426) east of Mayhill Road. The proposal was to develop a mix of single-family lots and housing types. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-072, Lakeview Ranch) The Mayor opened the public hearing. Burroughs motioned, Durrance seconded to postpone the public hearing and consideration until th the April 4 meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 37. The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by W.B.B.&B. Holdings, Ltd. for 34.40 acres of the Shadow Brook Place located south of El Paseo Drive, between Forrestridge Drive and Montecito Drive. (This was not a public hearing.) Doug Powell, Director of Planning and Development, stated that this property was in the process of being rezoned before the interim regulations were approved. Some of the outstanding issues regarding the pond and drainage had been resolved with the neighbors. He reviewed the details of the problems associated with the prior work done on the property as noted in the agenda materials. Beasley motioned, Burroughs seconded to approve the relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. 38. The Council continued a public hearing and considered zoning approximately 34.40 acres to One Family Dwelling (SF-16) zoning district and land use classification. The property was located south of El 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) The Mayor opened the public hearing. The following individuals spoke during the public hearing: Beverly Stephens, 420 El Paseo, Denton, 76205 – favor Stan Ratliff, 801 Ryan Road, Denton, 76205 – opposition Bob Heilig, 809 Ryan Road, Denton, 7205 – opposition Rebuttal by Stephens The Mayor closed the public hearing. Durrance motioned to postpone consideration for two weeks to allow for continued discussions. Motion died for lack of a second. City of Denton City Council Minutes March 7, 2000 Page 10 The following ordinance was considered: NO. 2000-091 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY PLACING A SINGLE-FAMILY 16 (SF-16)[C], WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 34.40 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EL PASEO STREET AND APPROXIMATELY FIVE HUNDRED FEET NORTH OF RYAN ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99- 051) Burroughs motioned, Cochran seconded to adopt the ordinance with the added conditions of (1) the Shadow Brook Place grading plan as provided by the applicant would be attached to the ordinance and the applicant must implement that plan, (2) the applicant would re-establish the off-site property that was originally disturbed to a safe and restored condition as weather permitted with permission obtained by the appropriate property owner prior to such work and (3) staff would determine that the conditions had been satisfied prior to platting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 39. The Council held a public hearing and considered a Detailed Plan for Oakmont Estates IV in a Planned Development (PD-111) zoning district. The 18.4 acres site was generally located south of Robinson Road, east of Teasley Lane and west of Oakmont. Single-family development was proposed. The Planning and Zoning Commission recommended approval (5- 1) with conditions. (Z-99-103, Oakmont Estates IV Phase 2) Doug Powell, Director of Planning and Development, stated that the property was in the Oakmont development. The property had been annexed with conditions in an interlocal agreement with the City of Corinth. That agreement indicated that the lot layout and configuration of the development was part of the interlocal agreement. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Don Allen, Fort Worth - favor but opposed to the Planning and Zoning Commission’s condition regarding 85% masonry on the homes. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes March 7, 2000 Page 11 NO. 2000-092 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A DETAILED PLAN FOR 18.4 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 111(PD-111) ZONING DISTRICT; THE SUBJECT PROPERTY BEING THE PROPERTY GENERALLY LOCATED EAST OF NOWLIN ROAD AND SOUTH OF ROBINSON ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (Z-99-103) Beasley motioned, Cochran seconded to approve the ordinance with the conditions added by the Planning and Zoning Commission plus 80% brick. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “nay”, and Mayor Miller “nay”. Motion carried with a 4-2 vote. ITEMS FOR INDIVIDUAL CONSIDERATION 40. The Council considered adoption of an ordinance of the City of Denton, Texas, partially abandoning and vacating a 70-foot utility easement on Block 8 & 9, Wimbleton Village, Phase III, Block 10 Wimbleton Village, Phase V, and Lot 1, Block A, James Wood Autopark Addition and recorded in Volume 1029, Page 480 of the Deed Records of Denton County, Texas; and declaring an effective date. The following ordinance was considered: NO. 2000-093 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PARTIALLY ABANDONING AND VACATING A 70-FOOT UTILITY EASEMENT ON BLOCK 8 & 9, WIMBLETON VILLAGE, PHASE III, BLOCK 10 WIMBLETON VILLAGE, PHASE V, AND LOT 1, BLOCK A, JAMES WOOD AUTOPARK ADDITION AND RECORDED IN VOLUME 1029, PAGE 480 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 41. The Council considered adoption of an ordinance partially vacating a utility easement established by judgments recorded in Volume 588, Page 459, and Volume 2259, Page 544 of the Deed Records of Denton County, Texas, as it pertains to Lot 1, Block 1 of the Texas Instruments Addition; and providing for an effective date. The following ordinance was considered: City of Denton City Council Minutes March 7, 2000 Page 12 NO. 2000-094 AN ORDINANCE PARTIALLY VACATING A UTILITY EASEMENT ESTABLISHED BY JUDGMENTS RECORDED IN VOLUME 588, PAGE 459, AND VOLUME 2259, PAGE 544 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AS IT PERTAINS TO LOT 1, BLOCK 1 OF THE TEXAS INSTRUMENTS ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 42. The Council considered adoption of an ordinance providing for the payment of eighty- five thousand dollars and no cents ($85,000.00) to Citgo Pipeline Products Company for the relocation of its pipeline in conjunction with the Nottingham Extension Street and Drainage Project; and providing for an effective date. The following ordinance was considered: NO. 2000-094 AN ORDINANCE PROVIDING FOR THE PAYMENT OF EIGHTY-FIVE THOUSAND DOLLARS AND NO CENTS ($85,000.00) TO CITGO PIPELINE PRODUCTS COMPANY FOR THE RELOCATION OF ITS PIPELINE IN CONJUNCTION WITH THE NOTTINGHAM EXTENSION STREET AND DRAINAGE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 43. The Council considered adoption of an ordinance of the City of Denton, Texas appointing Assistant Municipal Judges for the City of Denton Municipal Court of Record; authorizing the Mayor to execute a contract for their term of office; establishing fees for payment for their services; and declaring an effective date. a. Kimberly Cawley-McCary b. Earlean Cobbin Murphy The following ordinances were considered: NO. 2000-096 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING KIMBERLY CAWLEY-MCCARY AS ASSISTANT MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERM OF OFFICE; ESTABLISHING FEES FOR PAYMENT FOR HER SERVICES; AND DECLARING AN EFFECTIVE DATE City of Denton City Council Minutes March 7, 2000 Page 13 NO. 2000-097 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING EARLEAN COBBIN MURPHY AS ASSISTANT MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERM OF OFFICE; ESTABLISHING FEES FOR PAYMENT FOR HER SERVICES; AND DECLARING AN EFFECTIVE DATE Kristoferson motioned, Durrance seconded to adopt the ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 44. The Council considered a variance from Section 34-114(17) of the Code of Ordinance, concerning sidewalks for Milner-Crouch Ranch Estates. The 4.87 acre site was located at the southwest corner of Cindy Lane and Lariat Road. It was in an Agricultural (A) zoning district. Single-family development was proposed. The Planning and Zoning Commission recommended approval (4-2). (V-00-002, Milner-Crouch). Tim Crouch stated that he was opposed to the requirement of sidewalk on University. Kristoferson motioned, Burroughs seconded to grant a complete variance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. 45. The Council considered approval of an ordinance of the City of Denton, Texas amending the schedule of fees contained in Ordinance 99-371 by adopting a new schedule of fees as authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the City of Denton, Texas, for filing applications for review, approval, grant or issuance of plats, plans, licenses, certificates, variances or designations required by the subdivision rules and regulations and zoning regulations of the Code of Ordinances, providing for repeal of all ordinances in conflict herewith; providing a severability clause; providing a savings clause; providing for publication; and providing an effective date. The following ordinance was considered: NO. 2000-098 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 99-371 BY ADOPTING A NEW SCHEDULE OF FEES AS AUTHORIZED BY CHAPTER 34 AND CHAPTER 35 OF THE CODE OF ORDINANCES FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES, PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes March 7, 2000 Page 14 Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, and Mayor Miller “aye”. Motion carried unanimously. 46. The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance No. 2000-046, filed by GBW Engineers, Inc. for the remaining phases of Beverly Park Estates, PD-90 located east of Sherman Drive and south of Loop 288. Burroughs motioned, Beasley seconded to grant the relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, and Mayor Miller “aye”. Motion carried with a 4-2 vote. 47. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance No. 2000-069, for: a. 1508 N. Elm (Z-99-083) b. 1513 N. Locust (Z-99-084) c. RNW Addition (Z-99-003) Item a. Beasley motioned, Kristoferson seconded to grant the relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. Item b. Cochran motioned, Burroughs seconded to grant the relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. Item c. Kristoferson motioned, Beasley seconded to grant relief from the non-residentail interim regulations, Ordinance No. 2000-069 for the City initiated zoning case No. Z-00-003 for the RNW Addition. This motion did not include any other development application for the subject property not initiated by the City. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 48. The Council considered nominations and appointments to the City’s Boards and Commissions. John Johnson was nominated by Mayor Miller to move from an alternate position on the Zoning Board of Adjustment to a regular member. City of Denton City Council Minutes March 7, 2000 Page 15 Beasley motioned, Burroughs seconded to suspend the rules and vote on the nomination at this meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. On roll vote for the nomination. Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. Mayor Miller noted that he had appointed Ray Bejarano to the Denton Housing Authority. 49. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Cochran asked that the issue regarding Willie Hudsepth and the removal of his trees be scheduled for a work session so that Mr. Hudspeth could present his issue all at one meeting. 50. Items from the City Manager Mr. Jez did not have any items for Council. 51. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 52 Council took the following official action on Closed Meeting under Sections 551.071- 551.086 of the Texas Open Meetings Act. A. Considered and took action to adjust compensation of Municipal Judge, City Attorney, and City Manager as a result of evaluations held in Executive Session on February 22, 2000. Beasley motioned, Burroughs seconded to grant an adjustment to the compensation of the Municipal Judge, the City Attorney and the City Manager by 3% as a result of a prior evaluation. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 9:20 p.m. _______________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS