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Minutes April 04, 2000CITY OF DENTON CITY COUNCIL MINUTES April 4, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, April 4, 2000 at 5:15 p.m. in the City of Denton Work Session Room. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: B. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071 1. Discussed and considered authorizing the City’s attorneys to initiate litigation against TXU Electric & Gas, including, without limitation: litigation to collect delinquent franchise fees and a declaratory judgment action or injunction to prevent TXU Electric from operating on City rights-of-way and City streets without a franchise, and to discuss legal issues with the attorneys where to discuss these matters in public would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Discussed and received briefing from attorneys on status and possible settlement of litigation styled Municipal Administrative Services, Inc. v. th City of Denton, Cause No. 99-50263-367 currently pending in the 367 District Court of Denton County, Texas. Regular Meeting of the City of Denton City Council on Tuesday, April 4, 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, 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 February 11, February 15, and February 22, 2000. Cochran motioned, Durrance seconded to approve the minutes as presented. th Mayor Pro Tem Beasley noted a correction to the February 15 minutes. Item #26 on page 9 should have her vote as “aye”. City of Denton City Council Minutes April 4, 2000 Page 2 On roll vote to approve the minutes as corrected, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. PROCLAMATIONS/PRESENTATIONS 3. April Yard-of-the-Month Awards The Yard of the Month awards were not done at this meeting. 4. Proclamations a. Mayor Miller presented a proclamation for Sexual Assault Awareness Month. CITIZEN REPORTS 5. The Council received a report from Willie Hudspeth regarding tree removal from his property. Mr. Hudspeth presented a video regarding his property before removal of the trees. 6. The Council received a presentation from Jesse Martin of a resolution regarding ATM fees from UNT student government. Mr. Martin presented a resolution from the UNT Student Association regarding ATM fees and the request for the City to consider a referendum regarding ATM fees. 7. The Council received a report from Ross Melton regarding Rule 1 of the Texas Rules of Civil Procedure. Mr. Melton spoke regarding the Texas Rules of Civil Procedure – Rule 1 dealing with objective of rules. 8. The Council received a report Eric Jansen regarding Denton Affordable Housing placing MHMR group homes in a residential neighborhood. Mr. Jansen was not present at the meeting. CONSENT AGENDA Kristoferson motioned, Durrance seconded to approve the Consent Agenda and the accompanying ordinances and resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 9. Approved a tax refund to Gary Kollmeier. The 1999 tax was overpaid, resulting in an overpayment. City of Denton City Council Minutes April 4, 2000 Page 3 10. Approved a tax refund to Linda Marsh Schlottig. The 1999 tax was overpaid, resulting in an overpayment. 11. Approved a tax refund to Scripture Medical Center. The 1999 tax was paid twice, resulting in an overpayment. 12. Approved a tax refund to Associates Leasing Inc. The 1998 taxable value was corrected per the Denton Central Appraisal District resulting in an overpayment. 13. Approved a tax refund to UUNET Technologies, Inc. The 1999 taxable value was decreased, resulting in an overpayment. 14. NO. 2000-120 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE RENTAL OF HEAVY EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2424A – RENTAL OF HEAVY EQUIPMENT AWARDED TO FUTURE EQUIPMENT CO., INC. FOR ITEMS 1&2 AND CRESCENT MACHINERY FOR ITEM 3) 15. NO. 2000-121 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF POLICE UNIFORMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2470 – POLICE UNIFORMS AWARDED IN THE ESTIMATED EXPENDITURE AMOUNT OF APPROXIMATELY $45,000) 16. NO. 2000-122 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (AWARDED TO NORTH TEXAS UMPIRE ASSOCIATION IN THE AMOUNT OF $36.50 PER GAME FOR AN ESTIMATED AWARD EXPENDITURE OF $45,990) 17. NO. 2000-123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE ATTACHED PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE IMPLEMENTATION AND SUPPORT BETWEEN THE CITY OF DENTON, TEXAS AND ACCESS TECHNOLOGIES, INC., A QUALIFIED INFORMATION SYSTEMS VENDOR (“QISV”) OF THE STATE OF TEXAS, TO BE PAID FROM PREVIOUSLY BUDGETED FUNDS IN AN AMOUNT NOT EXCEED SIX HUNDRED City of Denton City Council Minutes April 4, 2000 Page 4 THOUSAND, FIVE HUNDRED AND SEVENTY DOLLARS ($616,570); AND PROVIDING FOR AN EFFECTIVE DATE. (PO #04402 TO ACCESS TECHNOLOGIES, INC. IN THE AMOUNT OF $616,570) 18. NO. 2000-124 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF #4/0 STRANDED ALUMINUM 15KV PRIMARY ELECTRIC CABLE IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; PROVIDING AN EFFECTIVE DATE. (PO #04337 TO TEMPLE, INC. IN THE AMOUNT OF $86,625) 19. NO. 2000-125 AN ORDINANCE OF THE CITY OF DENTON, TEXAS 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 #04394 TO CITY OF GARLAND, PO #04395 TO CITY PUBLIC SERVICE SAN ANTONIO, PO #04396 TO TXU ELEC.-TRANSMISSION DIV., PO #04397 TO RELIANT ENERGY HL&P, PO #04398 TO CENTRAL POWER & LIGHT CO. IN THE TOTAL AMOUNT OF $1,375,698.50) 20. NO. R2000-012 A RESOLUTION ALLOWING LULAC TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 6, 2000, UPON THE CONDITIONS OF OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY LIABILITY; AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR THE CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. 21. NO. 2000-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION UNDER THE NATIONAL SCHOOL LUNCH ACT TO OBTAIN FUNDING FOR THE 2000 SUMMER FOOD SERVICE PROGRAM; IF SUCH FUNDING IS GRANTED, THE CITY MANAGER IS AUTHORIZED TO EXECUTE THE SUMMER FOOD SERVICE PROGRAM AGREEMENT WITH THE TEXAS DEPARTMENT OF HUMAN SERVICES AND EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS REQUIRED; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes April 4, 2000 Page 5 22. NO. 2000-127 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR ADVANCED FUNDING FOR CERTAIN COLOR TEXTURIZED CONCRETE CURBS FOR THE I-35 PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. 23. NO. 2000-128 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE 99-298 PROVIDING FOR THE SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND TAXPAYERS CONTAINED IN ORDINANCE NO. 98- 265, TO INCREASE INSUFFICIENT FUND CHECK HANDLING CHARGE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 24. NO. R2000-013 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF OBLIGATIONS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. PUBLIC HEARINGS 25. The Council held a public hearing to consider rezoning approximately 0.24 acres, commonly known as 1504, 1506 and 1508 N. Elm, from an Office (O) zoning district to a Planned Development (PD) zoning district. The Detailed plan proposal was to allow office and residential uses on the property. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-083, 1508 N. Elm) Doug Powell, Assistant Director for Planning and Development, presented the details of the property that had been before Council on several occasions. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes April 4, 2000 Page 6 NO. 2000-129 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM OFFICE (O) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT 182 (PD182) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.24 ACRES OF LAND LOCATED AT 1508 N. ELM; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cochran seconded to approve the proposal with the conditions as noted from the Planning and Zoning Commission. 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 to consider rezoning approximately 0.19 acres, commonly known as 1513 N. Locust, from a Office (O) zoning district to a Planned Development (PD) zoning district. The Detailed plan proposal was to allow office and residential uses on the property. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-084, 1513 N. Locust) Doug Powell, Assistant Director for Planning and Development, stated that the change in planned development would allow both residential and commercial office uses on the property. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-130 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM OFFICE (O) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT 183 (PD183) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.19 ACRES OF LAND LOCATED AT 1513 N. LOCUST; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson 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. 27. The Council held a public hearing regarding the Detailed Plan for Planned Development (PD-93) encompassing approximately 10 acres. The property was generally located on the City of Denton City Council Minutes April 4, 2000 Page 7 southwest corner of Ryan Road and Teasley Lane. A 159 unit multi-family residential development was proposed. The Planning and Zoning Commission recommended approval (4-3) with conditions. (Z-99-096, Ryan/Teasley) Herb Prouty, City Attorney, stated that this item had not been noticed properly and only allowed for a public hearing. No action by Council would be allowed on the item at this meeting. The proposal would have to be re-noticed at another meeting. Doug Powell, Assistant Director for Planning and Development, stated that the proposal was for a multi-family complex to be built on the site. The proposal had been granted relief from the interim regulations in February. It was felt that numerous site design issues, as noted in the agenda materials, were contained in the planned development language. However, there were additional issues associated with the detailed plan. The 20% rule was in effect with more than 20% of adjacent property owners in opposition to the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Allyson Archer – favor Art Anderson – favor Jennifer Huff, 3904 Overlake Drive, Denton, 76205 - opposition Richard Garner, 2321 Wildwood Lane, Denton, 76205 - opposition Jack Deeb, 2408 Wildwood Lane, Denton, 76205 - opposition Raymond Shephard, 3956 Parkhaven Drive, Denton – opposition Jason Moore, 2316 Wildwood, Denton, 76205 – opposition Peggy Steward, 2312 Wildwood Lane, Denton. 76205 – opposition Rebuttal by Archer The following individuals presented comment cards: Doug Pearson, 2208 Wildwood Lane, Denton, 76205 - opposition Tim and Allison Raper, 2421 Wildwood Lane, Denton, 76205 - opposition Jason and Stephanie Moore, 2316 Wildwood Lane, Denton, 76205 - opposition Steve Tubbs, 3912 Parkhaven, Denton, 76205 - opposition Harry and Billie Tucker, 3908 Parkhaven Drive, Denton, 76205 - opposition Tiffany Veale, 3960 Overlake, Denton, 76205 - opposition Chris Veale, 3960 Overlake Drive, Denton, 76205 - opposition Olivia Cunningham, 3944 Overlake Drive, Denton, 76205 – opposition Imran Mandyiwalla, 3928 Overlake, Denton, 76205 - opposition Chris Huff, 3904 Overlake Drive, Denton, 76205 - opposition Mr. and Mrs. Tracy LaBrun, 2220 Wildwood, Denton, 76205 - opposition Noreen Goggin, 3956 Overlake Drive, Denton, 76205 - opposition Donald Young, 3952 Overlake Drive, Denton, 76205 - opposition Ann Hashem, 3908 Overlake Drive, Denton, 76205 - opposition Debra Patrick, 3908 Overlake Drive, Denton, 76205 - opposition Jason and Shelly Glotzbach, 3905 Overlake Drive, Denton, 76205 - opposition Todd and Cindy Muller, 3936 Overlake Drive, Denton, 76205 - opposition City of Denton City Council Minutes April 4, 2000 Page 8 Monty Melugin, 3916 Overlake Drive, Denton, 76205 - opposition Maria Melugin, 3916 Overlake Drive, Denton, 76205 - opposition Doreen Shephard, 3956 Parkhaven, Denton, 76205 - opposition Ryan Futch, 3929 Overlake Drive, Denton, 76205 - opposition Elaine Tubbs, 3912 Parkhaven, Denton, 76205 - opposition Jeff Roberts, 3964 Parkhaven, Denton, 76205 - opposition Seven Deramo, 3953 Overlake Drive, Denton, 76205 - opposition Jennifer Rojas, 3924 Overlake Drive, Denton, 76205 - opposition Jenny Ismert, 3924 Overlake Drive, Denton, 76205 - opposition Phoebe Boyd, 3924 Overlake, Denton, 76205 - opposition Fred and Debbie Clark, 3961 Overlake Drive, Denton, 76205 - opposition Beverly Clark, 3961 Overlake Drive, Denton, 76205 - opposition Zachary Clark, 3961 Overlake Drive, Denton, 76205 - opposition Pilar Balabuch, 3917 Overlake Drive, Denton, 76205 - opposition Laurie Garner, 2321 Wildwood, Denton, 76205 - opposition Ray Johnson, 2401 Wildwood, Denton, 76205 - opposition Jason Brown, 2409 Wildwood, Denton, 76205 - opposition Steven Miranda, 2420 Wildwood, Denton, 76205 - opposition Masoud Abbassi, 2416 Wildwood, Denton, 76205 - opposition Robert Pierce, 2312 Wildwood, Denton, 76205 - opposition Raul and Yvonne Salas, Jr., 2301 Wildwood, Denton, 76205 - opposition Raymond and Frances Tinsman, 2325 Wildwood, Denton, 76205 - opposition Tami Alford, 3905 Parkhaven, Denton, 76205 - opposition Raymond Shepard, 3956 Parkhaven, Denton, 76205 - opposition Simeon Thomas, 2404 Wildwood, Denton, 76205 - opposition Rosemary Surber, 3961 Parkhaven, Denton, 76205 - opposition Kelly Meyer, 3936 Parkhaven, Denton, 76205 - opposition David Lamb, 2204 Wildwood, Denton, 76205 - opposition Lindsay Lamb, 2204 Wildwood, Denton, 76205 - opposition Angela Allison, 3929 Parkhaven Drive, Denton, 76205 - opposition Beverly Deeb, 1426 Hidden Oaks Circle, Denton, 76205 - opposition Wes Oldham, 3932 Overlake Drive, Denton, 76205 - opposition Michelle Oldham, 3932 Overlake Drive, Denton, 76205 - opposition Kay Watson, 2400 Wildwood, Denton, 76205 - opposition Jeff Allison, 3929 Parkhaven, Denton, 76205 - opposition Robert Boso, 3945 Overlake Drive, Denton, 76205 - opposition Staley Boso, 3945 Overlake Drive, Denton, 76205 - opposition Jeff Meyer, 3936 Parkhaven, Drive, Denton, 76205 - opposition Eugene Pinter, 3953 Parkhaven Drive, Denton, 76205 - opposition Robert Cunningham, 3944 Overlake, Denton, 76205 - opposition William Karl, 3937 Parkhaven Drive, Denton, 76205 - opposition Billie Ann Pinter, 3953 Parkhaven Drive, Denton, 76205 - opposition Roxanne and Robert Haddock, 3913 Overlake Drive, Denton, 76205 – opposition Kelly McCldin, 3952 Parkhaven, Denton, 76205 – opposition Peter Balabuch, 3917 Overlake Drive, Denton, 76205 – opposition Samuel Grissom, 2405 Wildwood, Denton, 76205 – opposition Mark Holiman, 3916 Parkhaven, Denton, 76205 - opposition City of Denton City Council Minutes April 4, 2000 Page 9 Burroughs motioned, Beasley seconded to continue the public hearing to the next regular City Council meeting. 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. 28. 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, Assistant Director for Planning and Development, stated that this was a request for relief for the proposals in Items #29 and #31 and indicated that the proposals had been in the system for quite a long time. Cochran motioned, Young seconded to approve the request for relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Item #30 was considered. 30. 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 (FM 426) .) east of Mayhill Road. (This was not a public hearing Cochran motioned, Beasley seconded to approve the request for relief. 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 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) Doug Powell, Assistant Director for Planning and Development, presented the details of Items #29 and #31 as noted in the agenda materials. Both were continuations of public hearings from prior meetings. Jerry Clark, Director of Engineering and Transportation, stated that a phasing plan had been agreed on to install the proper infrastructure. He recommended removal of the three conditions placed on the proposal in regards to traffic. There were two options for a final choice upon final development. th Todd Parton, Director of Planning for the DISD, stated that an April 11 draft letter for a donation of 12.5 acre tract for a school site with an adjoining 2.5 acres to the City as parkland had been received by the DISD. City of Denton City Council Minutes April 4, 2000 Page 10 The Mayor opened the public hearing. The following individuals spoke during the public hearing: Tommy Bain – favor – remove three conditions from Planning and Zoning Commission The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-131 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT 179 (PD179) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 47.3 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET (F.M. 426), APPROXIMATELY 3,000 FEET EAST OF THE INTERSECTION WITH TRINITY ROAD; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR 47.3 ACRES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-046) Burroughs motioned, Young seconded to approve the proposal with the conditions that street and transportation improvements would be constructed in accordance with the phasing as attached in the ordinance, 75% of the exterior would be brick, a minimum of 3.5 acres of the property would be reserved as private open space easily accessible to all residents of the neighborhood, no more than 50% of all homes on lots of 7,000 square feet or more would have front entry garages and the three conditions recommended by the Planning and Zoning Commission would be removed. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 31. The Council 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) 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. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. City of Denton City Council Minutes April 4, 2000 Page 11 The following ordinance was considered: NO. 2000-132 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 408.36 ACRES OF LAND TO SINGLE FAMILY –7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 132.55 ACRES, SINGLE FAMILY 10 CONDITIONED (SF-10[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 84.09 ACRES, AND SINGLE FAMILY 13 CONDITIONED (SF-13[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 191.72 ACRES LOCATED BETWEEN UNIVERSITY DRIVE (HWY 380) AND MCKINNEY STREET (F.M. 426) IN THE PROXIMITY OF TRINITY ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-072) Young motioned, Beasley seconded to approve the proposal with the conditions that a school site would be finalized with the DISD prior to preliminary plat approval, no more than 50% of all homes would have front entry garages, 75% of the exterior of all buildings would have brick and the three items recommended by the Planning and Zoning Commission would be deleted. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 32. The Council held a public hearing and considered adopting separate ordinances to annex and zone an 18-acre tract located on the north side of Spencer Road between Woodrow and Loop 288 in the extraterritorial jurisdiction of the City of Denton, Texas. (A-98, DME Spencer Generation Plant) A. Council considered adoption of an ordinance to voluntarily annex approximately 18 acres of land located on the north side of Spencer Road between Woodrow and Loop 288 in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. Second reading of ordinance. (A-98, DME Spencer Generation Plant) B. The Council held a public hearing and considered rezoning an approximately 18- acre site to a Light Industrial (LI) zoning district. The property was located on the north side of Spencer Road between Woodrow and Loop 288 in Southeast Denton. The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-00-001, DME Spencer Generation Plant) NO. 2000-133 AN ORDINANCE TO VOLUNTARILY ANNEX 17.751 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED City of Denton City Council Minutes April 4, 2000 Page 12 NORTH OF SPENCER ROAD BETWEEN WOODROW LANE AND LOOP 288 IN SOUTHEAST DENTON IN THE COUNTY OF DENTON, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (A-98) Young 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. Item B. was considered. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-134 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ZONING APPROXIMATELY 17.751 ACRES LOCATED NORTH OF SPENCER ROAD BETWEEN WOODROW LANE AND LOOP 288 IN SOUTHEAST DENTON TO ESTABLISH A CONDITIONED LIGHT INDUSTRIAL (LI[C]) ZONING DISTRICT CLASSIFICATION AND LAND USE DESIGNATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-00-001) Beasley motioned, Young seconded to adopt the ordinance striking the uses as noted in the Planning and Zoning Commission minutes. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 33. The Council held a public hearing and considered approving a Detailed Plan for approximately 162 acres in the Planned Development 120 (PD-120) zoning district. The property was generally located between North Elm Street (US 77) and Loop 288 roughly 1500 feet west of North Locust (FM 2164). The proposal was to develop a single-family subdivision. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-101, North Pointe) Doug Powell, Assistant Director for Planning and Development, presented the details of the proposal as noted in the agenda materials. A single-family subdivision was proposed. The Mayor opened the public hearing. Ottis Lee, 1192 Boling Ranch Rd., Azle, 76020, spoke in favor of the proposal. City of Denton City Council Minutes April 4, 2000 Page 13 The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-135 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 86-173 TO PROVIDE FOR A DETAILED PLAN FOR 162.527 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 120 (PD-120) ZONING DISTRICT; THE SUBJECT PROPERTY BEING LOCATED BETWEEN NORTH ELM STREET (US 77) AND LOOP 288 ROUGHLY 1500 FEET WEST OF NORTH LOCUST (FM 2164); PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-101) Young motioned, Beasley seconded to adopt the ordinance as recommended by the Planning and Zoning Commission with 75% brick on the homes. 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. ITEMS FOR INDIVIDUAL CONSIDERATION 34. The Council considered and took action on a Non-residential Project Plan request for Oak Tree Plaza Shopping Center. The 7.44-acre site was located at the southeast corner of Loop 288 and Spencer Road. (SP-00-001, Oak Tree Plaza) Doug Powell, Assistant Director for Planning and Development, stated that staff had concerns regarding the site plan that included architectural features of the building, access to the site, parking, landscaping and signage. The following individuals spoke regarding the proposal: Ralph Isenberg, petitioner, – favor Charles Crook, Weir and Associates – favor Marty Wieder, 7291 Glenview Drive, North Richland Hills, 76180 - favor Abigail Mooradian, 4800 Kelly Elliott Road, Arlington, 76017, submitted a speaker card in favor of the proposal. nd Kristoferson motioned, Durrance seconded to postpone consideration until the May 2Council meeting. On roll vote, Beasley “nay”, Burroughs “nay”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed with a 2-5 vote. Cochran motioned, Young seconded to approve the request with the removal of the Loop 288 access and only allowing one sign on the property. City of Denton City Council Minutes April 4, 2000 Page 14 Isenberg stated that he did not have a concern regarding the condition of the sign. He felt that by the right of zoning, he had a right to ingress and egress to his property. Council and the developer debated the pros and cons of the proposal in terms of parking and driveways. nd Beasley motioned, Burroughs seconded to postpone consideration to the May 2 City Council meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried with a 5-2 vote. 35. The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance 2000-069, for Audra Oaks - a 2.93-acre parcel located on the south side of Audra Lane west of Mockingbird. The proposal was for SF-7 zoning. (RR-00-05, Audra Oaks) Greg Edwards, 1621 Amanda Ct., Ponder, 76259, spoke in favor of the issue. Burroughs motioned, Young seconded to approve the request for relief. 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. 36. The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance 2000-069, for 416 Bryan Street. The 0.432-acre site was located on the east side of Bryan Street approximately 110 feet south of Scripture. An apartment complex was proposed. (RR-00-07, Belle Bryan Apartments) Scott Richter, 209 Windbrook, 76205, spoke in favor. Kristoferson motioned, Burroughs seconded to approve the request for relief. 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 and took action on a request for relief from the Residential Interim Regulations, Ordinance 2000-069, for Robinson Oaks subdivision. The 36.1-acre property was located north of Robinson Road west of the future FM 2499 Right-of-Way. A single-family Planned Development (PD) was proposed. (RR-00-06, Robinson Oaks) Lloyd Blaylock, 6116 N. Central, Dallas, 75206, spoke in favor of the relief. Young motioned, Mayor seconded to approve the request for relief. On roll vote, Beasley “nay”, Burroughs “nay”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion failed with a 2-5 vote. 38. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for a 4.315-acre property located at the southwest corner of Lillian Miller and Southridge. The proposal was for consideration of an amended Detailed Plan for a Bed and Breakfast on the property. (RN-00-06) City of Denton City Council Minutes April 4, 2000 Page 15 Rick Moore, 901 Ellison Park Circle, 76205, spoke in favor of granting the request for relief. Cochran motioned, Young seconded to approve the request for relief. 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 and took action on a request for relief from the Residential Interim Regulations, Ordinance 2000-046, Behning Place subdivision. The 0.52-acre site was located north of May Street approximately 200 feet east of Ruddell. A Planned Development (PD) zoning district for a single-family development was proposed. (RR-00-08) Burroughs motioned, Young seconded to approve the request for relief. Allen Bucell, (1621 Amanda Ct., Ponder, 76259) and Nanette Behning, (2224 Woodbrook Denton, 76205), spoke in favor of the request for relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 40. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for property located on Nowlin Road, a proposal to construct an accessory building used in conjunction with an existing cellular tower. (RN-00-21) Burroughs motioned, Young seconded to approve the request for relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 41. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for property located at 520 Fort Worth Drive, a proposal to construct a self-storage development. (RN-00-22) Beasley motioned, Kristoferson seconded to deny the request for relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried with a 5-2 vote. 42. The Council considered approval of a resolution of the City of Denton, Texas, accepting the sum of $1,000 from Windle Family Partners, Ltd. and Michael C. Ramos in consideration for extending the one hundred eighty (180) day period for exclusive negotiations for the possible lease of certain airport property as provided in City Council Resolution No. 99-055 for an additional one hundred eighty (180) day period; and providing an effective date. Cochran motioned, Kristoferson seconded to deny approval of the resolution. On roll vote, Beasley “nay”, Burroughs “nay”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed with a 2-5 vote. The following resolution was considered: City of Denton City Council Minutes April 4, 2000 Page 16 NO. R2000-014 A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACCEPTING THE SUM OF $1,000 FROM WINDLE FAMILY PARTNERS, LTD. AND MICHAEL C. RAMOS IN CONSIDERATION FOR EXTENDING THE ONE HUNDRED EIGHTY (180) DAY PERIOD FOR EXCLUSIVE NEGOTIATIONS FOR THE POSSIBLE LEASE OF CERTAIN AIRPORT PROPERTY AS PROVIDED IN CITY COUNCIL RESOLUTION NO. 99-055 FOR AN ADDITIONAL ONE HUNDRED EIGHTY (180) DAY PERIOD; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Durrance seconded to approve the resolution. 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. 43. The Council considered adoption of an ordinance approving a Multiple Use Agreement between the City of Denton and the State of Texas by the Texas Department of Transportation for a Rain Gauge Station in the eastern right-of-way of FM 156 at Hickory Creek in the City of Denton, Texas; authorizing the City Manager or his designee to sign the agreement; and providing an effective date. The following ordinance was considered: NO. 2000-136 AN ORDINANCE APPROVING A MULTIPLE USE AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS BY THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A RAIN GAUGE STATION IN THE EASTERN RIGHT-OF-WAY OF FM 156 AT HICKORY CREEK IN THE CITY OF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN THE AGREEMENT; 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. 44. The Council considered adoption of an ordinance authorizing the City Manager to execute a Project Cooperation Agreement between the City of Denton and the Department of the Army for modification of the Lake Lewisville Lake Wildlife Management Area of Lewisville Lake, Texas; and providing for an effective date. The following ordinance was considered: NO. 2000-137 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DEPARTMENT OF THE ARMY FOR MODIFICATION OF THE LAKE City of Denton City Council Minutes April 4, 2000 Page 17 LEWISVILLE LAKE WILDLIFE MANAGEMENT AREA OF LEWISVILLE LAKE, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson 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. 45. The Council considered adoption of an ordinance authorizing the Mayor or City Manager to enter into an Interlocal Cooperation Agreement with Denton County, Texas for road improvements regarding Brinker Road Project; and providing an effective date. The following ordinance was considered: NO. 2000-138 AN ORDINANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY, TEXAS FOR ROAD IMPROVEMENTS REGARDING BRINKER ROAD PROJECT; AND PROVIDING AN EFFECTIVE 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. 46. The Council considered adoption of an ordinance authorizing the City’s attorneys to initiate litigation against TXU Electric & Gas to recover delinquent franchise fees and to prevent TXU Electric from operating within the City on the City’s streets and rights-of-way without obtaining a franchise from the City; authorizing the City Attorney to seek the assistance of outside counsel; and providing an effective date. The following ordinance was considered: NO. 2000-139 AN ORDINANCE OF AUTHORIZING THE CITY’S ATTORNEYS TO INITIATE LITIGATION AGAINST TXU ELECTRIC & GAS TO RECOVER DELINQUENT FRANCHISE FEES AND TO PREVENT TXU ELECTRIC FROM OPERATING WITHIN THE CITY ON THE CITY’S STREETS AND RIGHTS-OF-WAY WITHOUT OBTAINING A FRANCHISE FROM THE CITY; AUTHORIZING THE CITY ATTORNEY TO SEEK THE ASSISTANCE OF OUTSIDE COUNSEL; AND PROVIDING AN EFFECTIVE DATE. Durrance 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. 47. The Council considered nominations and appointments to the City’s Boards and Commissions. City of Denton City Council Minutes April 4, 2000 Page 18 There were no nominations/appointments made at this meeting. 48. New Business The following items of New Business were suggested by Council members for future agendas: A. Mayor Pro Tem Beasley asked for an assessment of less than 5 acres of land being exempted from the interim regulations. 49. Items from the City Manager A. Notification of upcoming meetings and/or conferences B. Clarification of items on the agenda City Manager Jez did not have any items for Council. 50. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 51. 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 11:24 p.m. __________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS _______________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON