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Minutes June 06, 2000CITY OF DENTON CITY COUNCIL MINUTES June 6, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, June 6, 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, Durrance, Kristoferson and Young. ABSENT: Council Member Cochran Closed Meeting: A. Deliberations Regarding Real Property – Under TEX. GOV’T. CODE Section 551.072. 1. Received information from Staff, discussed, deliberated, considered, and provided Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of two (2) tracts of real property, comprising .32 acres, both tracts being situated within the H. Sisco Survey, Abstract No. 1184, in Denton County, Texas; which acquisition is for a public purpose. 2. Received information from Staff, discussed, deliberated, considered, and provided Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of a 0.21 acre tract being situated within the W. Loving Survey, Abstract No. 759, in Denton County, Texas; which acquisition is for a public purpose. B. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071 1. Considered and discussed possible settlement of claim and potential litigation in a matter involving an appeal to the Zoning Board of Adjustment and their decision on the claimed non-conforming status of the property located on the south side of Edwards Road about 2,000 feet west of Swisher Road. Regular Meeting of the City of Denton City Council on Tuesday, June 6, 2000 at 6:00 p.m. in the Council Chambers at City Hall. 1. Pledge of Allegiance The Council and members of the City Council recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of May 2, May 9, May 12, and May 16, 2000. City of Denton City Council Minutes June 6, 2000 Page 2 Young motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. PROCLAMATIONS/PRESENTATIONS 3. Mayor Brock presented a proclamation for Pause for the Pledge Day 4. Resolution of Appreciation The Council considered approval of a resolution of appreciation for Max Blackburn. Young motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 5. The following presentations were made: A. Presentation to Parks Department from Denton County Law Enforcement Memorial Commission B. Presentation of Texas Safety Association Awards C. Presentation of Texas Water Utilities Association “Best Tasting Water” Award from North Texas District CITIZEN REPORTS 6. The Council received a report from Paul Bennett regarding planning and zoning. Mr. Bennett stated that he was trying to open a small business in the City but was having difficulty with City regulations. 7. The Council received a report from Tom Atkins regarding the City’s health insurance. Mr. Atkins was not present at the meeting. 8. The Council received a report from Mildred Calvert regarding the importance of organ and tissue donation. Ms. Calvert stated that she was a heart transplant recipient and encouraged everyone to consider organ and tissue donation. 9. The Council received a report from Ross Melton regarding lawyers, Pharisees, and hypocrites enforcing aesthetics, unanswered letters and lawsuit. Mr. Melton stated that he had again received a notice from Code Enforcement that he felt was inappropriate. 10. The Council received a report from Dessie Goodson regarding City of Denton issues. Ms. Goodson was not present at the meeting. City of Denton City Council Minutes June 6, 2000 Page 3 CONSENT AGENDA Young motioned, Beasley seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 11. Approved a tax refund to Joshua Cotton. The 1999 tax was paid twice, resulting in an overpayment. 12. Approved a tax refund to Westminster LTD. The 1999 tax was paid twice, resulting in an overpayment. 13. Approved a tax refund to Westminster LTD. The 1999 tax was paid twice, resulting in an overpayment. 14. Approved a tax refund to Westminster LTD. The 1999 tax was paid twice, resulting in an overpayment. 15. Approved a tax refund to Dade International, Inc. The 1999 assessed value was deleted from the tax roll, resulting in an overpayment. 16. Approved a tax refund to Avanti Health Systems. The 1999 assessed value was deleted from the tax roll, resulting in an overpayment. 17. NO. 2000-185 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF WESTWOOD AREA WATERLINE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2482 – WESTWOOD AREA WATERLINE AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $175,401)) 18. NO. R2000-024 A RESOLUTION ENDORSING THE DALLAS FORT WORTH CLEAN CITIES TECHNICAL COALITION. 19. NO. 2000-186 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MAINTENANCE OF J.D. EDWARDS FINANCIAL SOFTWARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO 05292 – J.D. EDWARDS WORLD WIDE SOLUTIONS COMPANY IN THE AMOUNT OF $68,000) City of Denton City Council Minutes June 6, 2000 Page 4 20. NO. 2000-187 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE ANNUAL CONTRACT FOR THE PURCHASE OF BIOXIDE, A PRODUCT AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (FILE 2515 – AWARDED TO U.S. FILTER AT $1.85 PER GALLON ANNUAL ESTIMATE USAGE 28,000 GALLONS OR $51,800) 21. NO. 2000-188 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE INSTALLATION OF UNDERGROUND UTILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2491 – ANNUAL CONTRACT FOR ELECTRIC UNDERGROUND SERVICES INSTALLATION AWARDED TO BARCO CONSTRUCTION, INC. DBA REEVES ENTERPRISES) 22. NO. 2000-189 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE SUPPLY OF WEATHERING STEEL POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2497 – STEEL POLES AWARDED TO THOMAS AND BETTS IN THE AMOUNT OF $221,253) 23. NO. 2000-190 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 138KV PHASE-OVER-PHASE SWITCH; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2505 – 138 KV PHASE OVER PHASE SWITCH AWARDED TO THE LOWEST BIDDER, UTILITY SALES AGENT, IN THE AMOUNT OF $19,740) 24. NO. 2000-191 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS AND SUPPLIES FOR TELEPHONE SYSTEM UPGRADES AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PO 05302 TO GTE IN THE AMOUNT OF $272,496.67) City of Denton City Council Minutes June 6, 2000 Page 5 25. NO. 2000-192 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN AUTOMATED PERMITS MANAGEMENT, PROJECT TRACKING AND CODE ENFORCEMENT SOFTWARE SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PO 05303 TO CRW IN THE AMOUNT OF $223,050) 26. NO. 2000-193 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR THE CONSTRUCTION AND IMPLEMENTATION OF A WIDE AREA FIBER NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 27. NO. R2000-025 A RESOLUTION ALLOWING JON JON’S NIGHTCLUB TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE JUNETEENTH DANCE ON JUNE 16, 2000, UPON THE CONDITION OF OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY LIABILITY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. 28. NO. R2000-026 A RESOLUTION APPROVING AN INFRASTRUCTURE SALES TAX AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND ROBSON DENTON DEVELOPMENT, L.P., AN ARIZONA LIMITED PARTNERSHIP RESPECTING THE CONSTRUCTION OF A WASTEWATER TREATMENT PLANT; AND DECLARING AN EFFECTIVE DATE. 29. NO. 2000-194 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN WOLFE, CLARK, HENDERSON & TIDWELL AND THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes June 6, 2000 Page 6 30. NO. 2000-195 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.451 ACRE 19,632 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 AND THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND AN APPROXIMATE 0.1668 ACRE OR 7267.6 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 AND THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND AN APPROXIMATE 0.005 ACRE OR 208 SQUARE FEET DRAINAGE EASEMENT IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 AND THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 33B, 33BE) 31. NO. 2000-196 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.360 ACRE OR 15,695 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND AN APPROXIMATE 0.0455 ACRE OR 1982 SQUARE FOOT AND 0.0668 ACRE OR 2910 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 33D) City of Denton City Council Minutes June 6, 2000 Page 7 32. NO. 2000-197 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.272 ACRE OR 11,832 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND AN APPROXIMATE 0.0993 ACRE OR 4,051 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 33F) 33. NO. 2000-198 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.267 ACRE OR 11,629 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND AN APPROXIMATE 0.0994 ACRE OR 4,331.78 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND AN APPROXIMATE 0.332 OR 14,446 SQUARE FOOT DRAINAGE EASEMENT IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 33A, 33AE) City of Denton City Council Minutes June 6, 2000 Page 8 34. NO. 2000-199 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.010 ACRE OR 452 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 37) PUBLIC HEARINGS Item #36 was considered. 36. The Council held a public hearing and considered approving a Detailed Plan for Planned Development 87 (PD-87) zoning district. The approximately 4.3 acre property was located at the southwest corner of Southridge and Lillian Miller. The intent was to develop a 14-room Bed and Breakfast facility. The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-99-092) Larry Reichhart, Assistant Director for Planning and Development, stated that the intent of the proposal was to build a two-story bed and breakfast facility. The supermajority vote by Council was not required as there was not 20% written opposition to the proposal. Seven conditions were identified from the Planning and Zoning Commission and were included in the proposed ordinance. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Rick Moore, 901 Ellison Park Circle, Denton, 76205 – favor Lucy Warren, 1117 Ellison Park Circle, Denton, 76205 – favor Jan Bailey, 1408 Lynhurst, Denton, 76205 – opposition Mary Woodruff, 704 Lafayette, Denton, 76205 - opposition Andy Gillard, 1600 Lynhurst, Denton, 76205 – opposition Lynn Thompson, 1520 Hunters Ridge Circle, Denton, 76205 – opposition Rick Oliver, 1417 Hunters Ridge Circle, Denton, 76205 – opposition Vickie Hefner, 1504 Hunters Ridge Circle, Denton, 76205 - opposition The following Speaker Cards were submitted: City of Denton City Council Minutes June 6, 2000 Page 9 Clint Ballard, 2401 Stonegate, Denton, 76205 – favor Hope Baker, 916 Ellison Park Circle, Denton, 76205 – favor Sandra Faust, 912 Ellison Park Circle, Denton, 76205 – favor Jack Bomar, Jr., 904 Ellison Park Circle, Denton, 76205 - favor Fred Hill, 900 Dallas Drive, Denton, 76205 – favor Kyle Ratcliff, 2409 Stonegate Circle, Denton, 76205 – favor Karen Waite, 2308 Hollyhill Drive, Denton, 76205 – favor Carol Ann Ganzer Connors, 919 S. Carroll Blvd., #210, Denton, 76201 – favor Rob Rayner, 1108 Dallas Drive #310, Denton, 76205 – favor Gavin Lamb, 27 Wellington Oaks Circle, Denton, 76205 – favor Barbara Russell, 1324 Heather Lane, Denton, 76201 - favor Dan Martin, 717 Lafayette Drive, Denton, 76205 – favor Paul and Jane Hutchison, 1008 Ellison Park Circle, Denton, 76205 - favor Rebuttal by Moore The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-201 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 93-232 TO PROVIDE FOR A DETAILED PLAN FOR 4.315 ACRES LOCATED WITHIN THE PLANNED DEVELOPMENT 87 (PD-87) ZONING DISTRICT; THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF SOUTHRIDGE AND LILLIAN MILLER; 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- 092) Burroughs motioned, Young seconded to approve the ordinance with Conditions #1-7 from the Planning and Zoning Commission with the following modifications: use of the outdoor facilities would be limited to the hours of 8:00 a.m. and 9:00 p.m. on Sundays through Thursdays and between 8:00 a.m. and 10:00 p.m. on Fridays and Saturdays; the seating capacity of the dining room would be limited to 36 persons with food service being limited to overnight patrons and their guests, except reservation only dinner food on Thursday, Friday and Saturday nights for other than overnight patrons; no food service customers would be seated after 10:00 p.m.; and tree preservation on the property would be maximized as shown on the detailed plan. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 37. The Council held a public hearing and considered approving a Detailed Plan to rezone from a One-family dwelling (SF-7) zoning district to a Planned Development (PD) zoning district. The 3.816 acre property was located at 2225 East McKinney Street. A residential/ office mixed-use development was proposed. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-00-005) City of Denton City Council Minutes June 6, 2000 Page 10 Larry Reichhart, Assistant Director for Planning and Development, stated that the proposal was to renovate an existing structure for a law office, sidewalks would be installed along the front of the property and signs would be installed for the law office. The 20% rule was not in effect and the Planning and Zoning Commission recommended approval with four conditions. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Ann Kelsey, 206 Ridgecrest Circle, Denton, 76205–favor – opposed to condition of fence Dick Kelsey, 206 Ridgecrest Circle, Denton, 76205–favor–opposed to condition of fence John Kelsey, 2005 Bowling Green, Denton, 76201 – favor Larry Collister, 1605 Victoria, Denton, 76201 – favor James Elliott, 207 West Oak, Denton, 76201 – favor Pricilla and Melvin Fudge, 312 Mack Drive, Denton - opposition Eric Janssen, 413 Fox Creek Court, Denton, 76201 – opposition Willie Hudspeth, 623 Newton, Denton, 76201 – opposition Rebuttal by Kelsey’s The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-202 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-185) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3.8 ACRES OF LAND LOCATED AT 2225 EAST MCKINNEY STREET; PROVIDING A DETAILED PLAN ENCOMPASSING APPROXIMATELY 3.8 ACRES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (Z-00-005) Kristoferson motioned, Durrance seconded to adopt the ordinance with the recommendations from staff including land uses, signage and lighting, excluding a fence requirement. Young motioned to amend the motion to approve the proposal as approved by the Planning and Zoning Commission. Motion died for lack of a second. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Brock “aye”. Motion carried with a 5-1 vote. 38. The Council held a public hearing and considered approving an ordinance amending Chapter 34, Subdivision and Land Regulations of the Code of Ordinances, to amend the expiration date of Preliminary Plats and General Development Plans. The Planning and Zoning Commission recommended approval (5-0). (SI-00-09) City of Denton City Council Minutes June 6, 2000 Page 11 Larry Reichhart, Assistant Director of Planning and Development, stated that this ordinance would shorten the expiration date on preliminary plats and provide for an expiration date for general development plans. The Mayor opened the public hearing. The following individual spoke during the public hearing: Gene Price, 725 Chisholm Trail, Denton, 76201 - neutral The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-203 AN ORDINANCE AMENDING SECTIONS 34-14 AND 34-17 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO SHORTEN THE EXPIRATION DATE FOR PRELIMINARY PLATS AND TO PROVIDE AN EXPIRATION DATE FOR GENERAL DEVELOPMENT PLANS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. Item #35 was considered. 35. The Council held a public hearing and considered approving a Detailed Plan for approximately 0.08 acres within Planned Development 172 (PD-172) zoning district. The property was located on the south end of the corner of Nowlin Road and Nowlin Road. The intent was to install new facilities at an existing cellular telephone tower site. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-00-007) Larry Reichhart, Assistant Director for Planning and Development, stated that this proposal was for a 10x13 equipment shelter. The cellular tower was already in place and this was a request for a storage shelter. A supermajority vote was required as there was more than 20% opposition from adjoining property owners. The developer was requesting a change in the types of plants allowed for the landscaping requirements. The Mayor opened the public hearing. The following individuals spoke during the public hearing: William Cantran, representing PrimeCo - favor Gene Price, 725 Chisholm Trail, Denton - reduce amount of landscaping City of Denton City Council Minutes June 6, 2000 Page 12 The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-200 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 99-257 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 0.08 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 172 (PD-172) ZONING DISTRICT; THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF THE INTERSECTION OF NOWLIN ROAD AND NOWLIN ROAD; 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-00-007) Beasley motioned, Young seconded to adopt the ordinance with the change in condition to be able to use holly in the living screen. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 39. The Council considered and took action on a Non-residential Project Plan request for a 0.61 acre property at the southeast corner of Teasley Lane (FM 2181) and Interstate 35E. A gas station/convenience store was proposed. (SP-00-003) Larry Reichhart, Assistant Director of Planning and Development, stated that the proposal was to renovate an existing vacant gas station. This was a non-residential project plan that was zoned general retail. The proposal met the requirements of a project plan. The developer would be removing one of the pole signs. Staff recommended a monument sign as opposed to the current pole sign. Allen Bussel, 1621 Amanda Court, Ponder, 76259 - spoke regarding the issue. The following resolution was considered: NO. R2000-027 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A NONRESIDENTIAL PROJECT PLAN FOR SOUTHRIDGE EXXON, BEING AN APPROXIMATELY 0.61 ACRE SITE LOCATED A THE SOUTHEAST CORNER OF INTERSTATE 35E AND TEASLEY LANE; AND PROVIDING FOR AN EFFECTIVE DATE. (SP-00-003) Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. City of Denton City Council Minutes June 6, 2000 Page 13 40. The Council considered and took action on a request for relief from the Non-Residential ± Interim Regulations, Ordinance 2000-069, for a 4.9 acre property located at 5001 West University. The proposal was to rezone the property from Agriculture (A) to Light Industrial (LI), to be consistent with the existing CBS Mechanical operations. (RN-00-26, CBS Mechanical) Larry Reichhart, Assistant Director for Planning and Development, stated that this was the existing site of CBS Mechanical. The proposal was to rezone the property from agriculture to light industrial to be consistent with the existing use. Under the current regulations, any new development required a project plan. The following individuals spoke regarding the issue: Joe Mulroy, 119 Ridgecrest, Denton, 76207 – favor Gene Price, 725 Chisholm, Denton, 76201 – favor Beasley motioned, Burroughs seconded to approve the request for relief. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 41. The Council considered and took action on a request to extend the approval of a Specific Use Permit (SUP) for a fraternity house located on the southeast corner of W. Oak and Fry Streets, at 1305 W. Oak Street. The 0.75 acre site was zoned General Retail (GR). The proposal was to develop a nine (9)-bedroom fraternity house for the Delta Lodge. The SUP was approved on June 15, 1999 by Ordinance No. 99-208. Larry Reichhart, Assistant Director for Planning and Development, stated that the request was to develop a nine-bedroom fraternity house for the Delta Lodge. The specific use permit was approved on June 15, 1999 and under the current regulations, would expire after a year unless construction or use was substantially underway. Burroughs motioned, Young seconded to approve the request for relief. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 42. The Council considered approval of an ordinance approving an application form for an applicant for a cable television franchise; setting a non-refundable application free for the costs of review, issuance, and enforcement of the application; and providing an effective date. John Cabrales, Public Information Officer, stated that Council considered this item in 1998 but the applicant did not like the terms of the application at that time. Another potential cable television franchise applicant had contacted the city and this application form was provided for council’s consideration. The following ordinance was considered: City of Denton City Council Minutes June 6, 2000 Page 14 NO. 2000-204 AN ORDINANCE APPROVING AN APPLICATION FORM FOR AN APPLICANT FOR A CABLE TELEVISION FRANCHISE; SETTING A NON-REFUNDABLE APPLICATION FEE FOR THE COSTS OF REVIEW, ISSUANCE, AND ENFORCEMENT OF THE APPLICATION; AND PROVIDING AN EFFECTIVE DATE Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 43. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for the renaming of Stallion Way to Big Horn Trail; and providing an effective date. The following ordinance was considered: NO. 2000-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF STALLION WAY TO BIG HORN TRAIL; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 44. The Council considered approval of a resolution of the City Council of the City of Denton, Texas, replacing a policy for tax abatement for the City of Denton to establish guidelines and criteria governing tax abatement agreements; and declaring an effective date. Linda Ratliff, Director of Economic Development, stated changes were made to the document that was presented to Council at its February 22, 2000 meeting. Some of those changes included incorporating language that would encourage applicants to utilize minority business enterprises when contracting for construction, supplies or services; addressing tax abatement incentives for abandoned buildings; and incorporating language to exclude any and all land valuation from consideration for abatement. The following resolution was considered: NO. R2000-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes June 6, 2000 Page 15 Burroughs motioned, Young seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 45. The Council considered adoption of an ordinance authorizing the City Manager to execute contracts for professional legal services with the law firms of Strasburger & Price, L.L.P. and the law firm of Bucek and Frank to initiate and prosecute litigation against TXU Electric & Gas and to perform other legal services in accordance with the contracts for professional legal services; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2000-206 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRMS OF STRASBURGER & PRICE, L.L.P. AND THE LAW FIRM OF BUCEK AND FRANK TO INITIATE AND PROSECUTE LITIGATION AGAINST TXU ELECTRIC & GAS AND TO PERFORM OTHER LEGAL SERVICES IN ACCORDANCE WITH THE CONTRACTS FOR PROFESSIONAL LEGAL SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. st 46. The Council considered an appointment to the Transportation Excellence for the 21 Century Committee and authorize related expenses for that appointment. Beasley motioned, Young seconded to approve the appointment of Jack Miller to the st Transportation Excellence for the 21 Century Committee. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 47. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Kristoferson requested a health care primmer and an update on the issues related to health care plan. B. Council Member Kristoferson requested an update on the telecommunications ordinance. C. Council Member Kristoferson requested a work session on land conservation, easements and trusts. City of Denton City Council Minutes June 6, 2000 Page 16 D. Council Member Kristoferson requested an investigation on the possibility of gated street in Hunters Ridge. E. Council Member Young asked for a work session discussion on his request to participate in an APPA trip to China. 48. Items from the City Manager City Manager Jez did not have any items for Council. 49. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 50. The following official action was taken on Closed Meeting items under Sections 551.071-551.086 of the Texas Open Meetings Act: Burroughs motioned, Young seconded to approve the Lubbers settlement as discussed in Closed Session. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 10:20 p.m. ______________________________ EULINE BROCK, MAYOR CITY OF DENTON, TEXAS ________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS