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Minutes May 16, 2000CITY OF DENTON CITY COUNCIL MINUTES May 16, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, May 16, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 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. 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. B. Consultation with Attorney – Under TEX. GOV’T. CODE Section 551.071 1. Received briefing from attorneys regarding status of litigation styled Municipal Administrative Services, Inc. v. City of Denton, Cause No. 99- th 50263-367 currently pending in the 367 District Court of Denton County, Texas. Regular Meeting of the City of Denton City Council on Tuesday, May 16, 2000 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; 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 April 18 and April 25, 2000. City of Denton City Council Minutes May 16, 2000 Page 2 Burroughs motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. PROCLAMATIONS/PRESENTATIONS 3. The Council considered a Resolution of Appreciation for Rick Svehla. Beasley motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. CITIZEN REPORTS 4. The Council received a report from Gene Price regarding request for speed humps on Stuart near Chisholm and Driftwood. Mr. Price was not at the meeting. 5. The Council received a report from Willie Hudspeth regarding tree removal from his property. Mr. Hudspeth stated that he was still concerned about removal of his trees on his property for drainage improvements. 6. The Council received a report from Brian Tucker regarding installation of a sidewalk on his property. Mr. Tucker indicated that he was having a problem with the City regarding the installation of a sidewalk on his property. He felt the City did not have an easement to install that sidewalk and he and his neighbors did not want a sidewalk on his property. NOISE EXCEPTIONS 7. The Council considered adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section 20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system; and providing an effective date. (Juneteenth Celebration Activities) The following ordinance was considered: NO. 2000-166 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(C)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT City of Denton City Council Minutes May 16, 2000 Page 3 SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to approve the exception. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion passed unanimously. CONSENT AGENDA Durrance motioned, Burroughs 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 Brock “aye”. Motion passed unanimously. 8. NO. 2000-167 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF REPAIRS REQUIRED DUE TO FIRE DAMAGE TO THE SPENCER STATION #3 COOLING TOWER IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PO 05460 TO MIDWEST TOWERS, INC. IN THE AMOUNT OF $316,538) 9. NO. 2000-168 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF 750 MCM COPPER URD CONDUCTOR IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PO 05490 TO TEMPLE, INC. IN THE AMOUNT OF $140,946) 10. NO. 2000-169 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF INFORMIX SOFTWARE MAINTENANCE COVERAGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2490A – INFORMIX MAINTENANCE COVERAGE AWARDED TO THE SOLE RESPONDENT, HARRIS COMPUTER SYSTEMS IN THE AMOUNT OF $35,185) 11. NO. 2000-170 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF INDIAN RIDGE CHANNEL IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2488 – INDIAN City of Denton City Council Minutes May 16, 2000 Page 4 RIDGE CHANNEL IMPROVEMENTS AWARDED TO SENECA CONTRACTING CORPORATION IN THE AMOUNT OF $177,570) 12. NO. 2000-171 AN ORDINANCE ACCEPTING COMPETITIVE IDS AND AWARDING A CONTRACT FOR THE PRINTING OF THE 1999-2020 DENTON PLAN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2508 – PRINTING OF DENTON PLAN AWARDED TO MCCORD PRINTING IN THE AMOUNT OF $22,135) 13. NO. R2000-020 A RESOLUTION ADOPTING THE 2000 NORTH LAKES PARK MASTER PLAN UPDATE OF THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. 14. NO. 2000-172 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL-AIR DEVELOPMENT LTD. FOR THE CITY’S PARTICIPATION IN THE OVERSIZING OF THE SEWER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 15. NO. 2000-173 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL-AIR DEVELOPMENT LIMITED FOR THE CITY’S PARTICIPATION IN THE OVERSIZING OF WATER MAINS IN ACCORDANCE WITH THE TERMS AND CONDITIONS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 16. NO. 2000-174 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES PERTAINING TO THE FINAL DESIGN OF, THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR, AND THE PERFORMANCE OF RELATED CONSTRUCTION PHASE SERVICES FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes May 16, 2000 Page 5 Council considered Items #24. 24. The Council considered adoption of an ordinance rezoning approximately 8.3 acres, commonly known as RNW Addition from a Planned Development (PD-16) zoning district to Conditioned Neighborhood Service (NS) zoning district. The property was located at the southwest corner of Teasley Lane and Teasley Lane. The Planning and Zoning Commission’s motion to recommend approval failed (2-5). (Z-00-03, RNW Addition) Doug Powell, Director of Planning and Development, stated that there were three outstanding issues relative to this proposal following the last Council meeting. Those issues dealt with a conversation with the DISD to express concerns, conditions regarding height of building, and the list of uses. Staff had received a letter from the developer requesting a postponement for two weeks to work out further details with the DISD. Council held a discussion relative to the developer meeting with the DISD. Questions were raised whether the developer and owner had new concepts to discuss with the DISD regarding the proposal. The following individuals spoke regarding the issue: Bill Dahlstrom, 1445 Ross Avenue, Suite 3200, Dallas, 75202 - requested postponement Kim Jensen, 829 Abbot’s Lane, Denton, 76205 – favor Marla Cartwright, 1143 Oakhurst, Denton, 76205 - favor Teresa Andress, 34 Oak Forrest Circle, Denton, 76205 - favor Lynn Thompson, 1520 Hunters Ridge Circle, Denton, 76205 – favor Tommy Thompson, 900 Ellison Park Circle, Denton, 76205 – favor Nori Carcierie, 911 Smokerise Circle, Denton, 76205 – favor Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205 - favor The following Speaker Cards were submitted: John Kokalis, 1400 Lynhurst, Denton, 76205 - favor Sheray Thompson, 900 Ellison Park Circle, Denton, 76205 – favor Sharon Key, 1100 Ellison Park, Denton, 76205 – favor Mr. and Mrs. Larry Schneider, 1016 Ellison Park Circle, Denton, 76205 – favor Bill and Dawn Ide, 3608 Lake Country Drive, Denton, 76205 – favor Bob and Cheryl Insley, 3600 Longhorn, Denton, 76205 – favor Brenda Jordan, 3733 Lake Country Drive, Denton, 76205 – favor Kim and Chris Spencer, 3725 Ranchman Blvd., Denton, 76205 – favor David and Tricia Hope, 3604 Longhorn Drive, Denton, 76205 – favor Reed and Shelly Cullum, 36078 Longhorn Drive, Denton, 76205 – favor Cindy and Todd Gray, 3517 Sundown Blvd., Denton, 76205 – favor Lynn and Stacy Miliken 3701 Lake Country Drive, Denton, 76205 – favor C. and Paul Rawley, 1421 Hunters Ridge Circle, Denton, 76205 - favor Kurt Jensen, 829 Abbot’s Lane, Denton, 76205 - favor Jack and RoyAnn Cox, 3624 Lake Country Drive, Denton, 76205 – favor Joel Blixt, 2200 Lakeside Court, Denton, 76205 – favor Jackie Shamel, 3604 Granada Trail, Denton, 76205 – favor City of Denton City Council Minutes May 16, 2000 Page 6 Hollie Daughtrey, 3600 Lake Country, Denton, 76205 – favor Kyle Biggerstaff, 3817 Ranchman, Denton, 76205 – favor Lisa Dougherty, 3812 Lake Country Blvd., Denton, 76205 - favor Kristoferson motioned, Cochran seconded to adopt the ordinance with the recommended conditions and amending the building height to 40 feet from the existing grade of the site. Young motioned to postpone consideration. Motion died for lack of a second. Mayor Pro Tem Beasley stated that the current zoning for the proposal was inconsistent with the newly adopted Denton Development Plan and was in favor of the rezoning. Council Member Burroughs stated that the level of communication with the DISD had been very poor. The citizens in the area were not in favor the current zoning and it was not reasonable to have a high volume traffic business in the area with the elementary school. Council Member Kristoferson felt that there had been ample opportunity for further dialog that might have reached an agreeable conclusion. The current zoning was 27 years old and it was reasonable to have reconsideration of the current zoning. The following ordinance was considered: NO. 2000-181 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM PLANNED DEVELOPMENT (PD-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD SERVICE (NS) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 8.3 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TEASLEY LANE AND TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-00-03) On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Brock “aye”. Motion passed with a 6-1 vote. PUBLIC HEARINGS 17. The Council held a public hearing and considered adoption of an ordinance granting approval of a sub-surface use of a portion of the Bent Creek Park on Ft. Worth Dr. (U.S. 377) south of the Kansas City Southern Railroad. The installation of a Public Utility Easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an easement and providing an effective date. Ed Hodney, Director of Parks and Recreation, stated that a sub-surface easement was requested in the park property for continuation of utility services. City of Denton City Council Minutes May 16, 2000 Page 7 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. 2000-175 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF THE BENT CREEK PARK ON FT. WORTH DR. (U.S. 377) SOUTH OF THE KANSAS CITY SOUTHERN RAILROAD. THE INSTALLATION OF A PUBLIC UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF AN EASEMENT 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 Brock “aye”. Motion passed unanimously. 18. The Council held a public hearing and considered adoption of an ordinance granting approval of a sub-surface use of the Denton Branch Rail/Trail at Shady Oaks Drive for the installation of a Drainage Easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an easement and providing an effective date. Ed Hodney, Director of Parks and Recreation, stated that this was a similar item to Item #17. This would be a sub-surface drainage easement at the Denton Branch Rail/Trail. 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. 2000-176 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF THE DENTON BRANCH RAIL/TRAIL AT SHADY OAKS DRIVE FOR THE INSTALLATION OF A DRAINAGE EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF AN EASEMENT AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion passed unanimously. City of Denton City Council Minutes May 16, 2000 Page 8 19. The Council held the first of two public hearings to consider the proposed involuntary annexation of approximately 250 acres generally located west of Sherman Dr. approximately 3,600’ north of Loop 288 in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of the annexation would be Agricultural (A). (A-99, Sherman Road Arena Site) Doug Powell, Director of Planning and Development, stated that Council heard the proposal for annexation at a work session. The proposal for the site was a horse arena. The property owner was in opposition to the annexation. The property owner had requested a discussion with the Council at an upcoming work session to present an alternative to annexation. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Jeff Noe, 7569 FM428, Denton, 76208 - neutral David Vanderlaan, 609 Ryan Road, Denton, 76205 – requested postponement Don Hill, 907 W. Hickory, Denton, 76201 - requested postponement The Mayor closed the public hearing. rd Council directed staff to place this item on the May 23 Council agenda for discussion and direction. 20. The Council held a public hearing and considered amending Chapter 34 “Subdivision and Land Development Regulations”, Appendix A-1 “Street Design Specifications” of the Code of Ordinance of the City of Denton, Texas to change the required street right-of-way widths for primary and secondary arterials. The Planning and Zoning Commission recommended approval (7-0). Doug Powell, Director of Planning and Development, stated that the ordinance would change the required street right-of-way widths for primary and secondary arterials. It was necessary to change the ordinance at this point in time due to increased development. 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. 2000-177 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34 “SUBDIVISION AND LAND DEVELOPMENT REGULATIONS”, APPENDIX A-1 “STREET DESIGN SPECIFICATIONS” OF THE CODE OF ORDINANCES OF THE City of Denton City Council Minutes May 16, 2000 Page 9 CITY OF DENTON, TEXAS TO CHANGE THE REQUIRED STREET RIGHT-OF- WAY WIDTHS FOR PRIMARY AND SECONDARY ARTERIALS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 21. The Council held a public hearing and considered an ordinance adopting amendments to the interim Residential Regulations, Ordinance No. 2000-046 to modify exemptions of certain types of applications. Doug Powell, Director of Planning and Development, stated this would amend the 5 acre exemption for a minor plat. The interim residential regulations would not apply to a residential development application for approval of land not more than 5 acres in size. 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. 2000-178 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2000-046 COMMONLY CALLED THE “RESIDENTIAL INTERIM REGULATIONS” TO PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried with a 6-1 vote. 22. The Council held a public hearing and considered an ordinance adopting amendments to the interim Non-Residential Regulations, Ordinance No. 2000-069 to change a definition and add an exemption for certain types of applications. Doug Powell, Director of Planning and Development, stated that the definition of a development application would be amended. The interim regulations would also be amended to not include any building expansions and/or additions to an existing building of structure of less than 10% or 1000 square feet, which ever was less. The following ordinance was considered: City of Denton City Council Minutes May 16, 2000 Page 10 NO. 2000-179 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 2000-069 COMMONLY CALLED THE “NONRESIDENTIAL INTERIM REGULATIONS” TO PROVIDE FOR REVISIONS TO SAID REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. Kristoferson motioned, Durrance seconded to vote separately on the two proposed amendments. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. On roll vote to consider the proposed amendments separately, Beasley “aye”, Burroughs “nay”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Brock “aye”. Motion carried with a 5-2 vote. Beasley motioned, Young seconded to approve the amendment to Section 1. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Brock “aye”. Motion carried with a 5-2 vote. Cochran motioned, Burroughs seconded to approve the amendment to Section 2. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 23. The Council held a public hearing and considered approval of a Detailed Plan to change 0.519 acres from SF-7 zoning district to a Planned Development (PD) zoning district. The property was located 95 feet east of the intersection of Ruddell Street and May Street. A 3-lot single-family subdivision was proposed. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-00-004) Doug Powell, Director of Planning and Development, stated that a three lot single family development was proposed for this site. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Allen Bussell, 1621 Amanda Court, Ponder, 76259 - favor Nanette Behning , 2224 Woodbrook, Denton, 76201 - favor The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes May 16, 2000 Page 11 NO. 2000-180 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM SF-7 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-184) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.519 ACRES OF LAND LOCATED 95 FEET EAST OF THE INTERSECTION OF RUDDELL STREET AND MAY STREET, COMMONLY KNOWN AS 1207 AND 1209 MAY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-00-004) Cochran motioned, Young seconded to adopt the ordinance with conditions. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 25. The Council considered approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Diana Ortiz, Director of Fiscal Operations, stated that there had been a resignation on the Appraisal Review Board and the District was seeking nominations from the various taxing jurisdictions. Mayor Brock nominated Robbie Gober. The following resolution was considered: NO. R2000-021 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 26. The Council considered approval of exaction variances from Section 34-114(5), existing perimeter streets, and Section 34-114(17), sidewalks, of the Subdivision and Land Development Regulations for a 5.014 acre property located north of Windsor, along the east side of Riney Road. A single-family residence was proposed. (The Planning and Zoning Commission recommended denial [4-3] on the right-of-way variance and recommended denial [5-2] on perimeter street variance.) (V-00-005, T & T Nelson Addition) Doug Powell, Director of Planning and Development, stated that two exaction variances for this site were requested dealing with sidewalks and perimeter paving. Staff recommended a partial City of Denton City Council Minutes May 16, 2000 Page 12 variance for the street improvements with the applicant paying $5,400 for street improvements and $1,150 for sidewalk improvements. Cochran motioned, Young seconded for a complete variance for street improvements and a partial variance for the sidewalk. Brent Bowen, 2208 Lattimore, Denton, 76201, spoke in favor of the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 27. The Council considered approving an alternative landscape plan for a 0.61-acre gas station/convenience store site at the southeast corner of Teasley and I-35E. The Planning and Zoning Commission recommended approval (6-0) with conditions. (ALP-00-001, Southridge Exxon ALP) Doug Powell, Director of Planning and Development, stated that the site had an existing vacant gas station. The proposed landscaping of the site would exceed the landscaping requirements. Kristoferson motioned, Young seconded to adopt the ordinance. The following individuals spoke regarding the request: Allen Bussell, 1621 Amanda Circle, Ponder, 76259 - favor Bill Gardner, 325 E. Forest, Sherman, 75090 - favor The following ordinance was considered: NO. 2000-182 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE LANDSCAPE PLAN FOR A 0.6 ACRE OF LAND LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35E AND TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (ALP-00-001) On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 28. The Council considered approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2000-2005 Consolidated Plan for Housing and Community Development including a 2000 Action Plan with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. Barbara Ross, Community Development Administrator, stated that there were minor revisions and typographical corrections made to the document. City of Denton City Council Minutes May 16, 2000 Page 13 The following resolution was considered: NO. R200-022 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2000-2005 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT INCLUDING A 2000 ACTION PLAN WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Durrance seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 29. The Council considered adoption of an ordinance authorizing the City Manager or his designee to execute an amendment to golf range lease contract for North Lakes Park in the City of Denton; and providing an effective date. The following ordinance was considered: NO. 2000-183 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO GOLF RANGE LEASE CONTRACT FOR NORTH LAKES PARK IN THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 30. The Council considered adoption of an ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to the design and construction of improvements at the Denton Municipal Airport; and declaring an effective date. Mark Nelson, Airport Manager, stated that this was the final commitment with TxDot to allow notice to proceed for the engineering phase of the project. The following ordinance was considered: City of Denton City Council Minutes May 16, 2000 Page 14 NO. 2000-184 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING 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 Brock “aye”. Motion carried unanimously. 31. The Council considered approval of a resolution establishing maximum permitted rates that Charter Communications may charge its Denton cable television subscribers for basic cable service, associated equipment, changing tiers, and the hourly service charge; providing a severability clause; and providing an effective date. John Cabrales, Public Information Officer, stated that this was final consideration for the permitted rate increases that Charter Communication could charge to Denton cable television subscribers for basic cable service, associated equipment, changing tiers and the hourly service charge. The following resolution was considered: NO. R2000-023 A RESOLUTION ESTABLISHING MAXIMUM PERMITTED RATES THAT CHARTER COMMUNICATIONS MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR BASIC CABLE SERVICE, ASSOCIATED EQUIPMENT, CHANGING TIERS, AND THE HOURLY SERVICE CHARGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to approve the resolution with option two. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 32. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Durrance requested an update on a paperless agenda process. B. Council Member Durrance requested further information on economic development districts. C. Mayor Brock requested consideration of Council committees at the next Council meeting. City of Denton City Council Minutes May 16, 2000 Page 15 33. Items from the City Manager City Manager Jez did not have any items for Council. 34. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 35. 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 9:45 p.m. ____________________________ EULINE BROCK, MAYOR CITY OF DENTON, TEXAS ________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS