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Minutes January 09, 2001CITY OF DENTON CITY COUNCIL MINUTES January 9, 2001 Special Called Meeting of the City of Denton City Council on Tuesday, January 9, 2001 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. Mayor Brock presented a proclamation for Ryan Raiders Football Team 2. The Council considered adoption of an ordinance rezoning and approving a Zoning Plan for a 19.57-acre tract located on the northeast side of the intersection of Teasley and Ryan Road. The property was currently zoned Agricultural (A). The intent was to rezone the property to a Planned Development (PD) containing single-family residential and neighborhood service retail. (The Planning and Zoning Commission recommended approval 5-0 with conditions.) (ZP-00- 009, Teasley Tract) [Note: The public hearing for this item was opened and closed on January 2, 2001. City Council voted to break a 3-3 tie that was taken on January 2, 2001.] Doug Powell, Director of Planning and Development, stated that the intent was to rezone the property to a planned development containing single-family residential and neighborhood service retail. This item was reconsidered by the Council as the vote at the last meeting was a 3-3 tie and the City Charter required the item to be placed on subsequent agendas until a full Council was present to break the tie vote. The following ordinance was considered: NO. 2001-027 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO ALLOW FOR SINGLE-FAMILY AND NEIGHBORHOOD SERVICE RETAIL USES FOR APPROXIMATELY 19.59 ACRES LOCATED ON THE NORTHEAST SIDE OF THE INTERSECTION OF TEASLEY LANE AND RYAN ROAD AND LEGALLY DESCRIBED AS 19.59 ACRES IN THE B. LEWIS SURVEY, ABSTRACT NO. 769, THE E. PICKETT SURVEY, ABSTRACT NO. 1018, AND THE J. FISHER SURVEY, ABSTRACT NO. 421, IN THE CITY OF DENTON, DENTON, COUNTY, TEXAS; PROVIDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance with the conditions as recommended by the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson"nay", Young "aye", and Mayor Brock "aye". Motion carried with a 4-3 vote. 3. The Council considered adoption of an ordinance of the City of Denton, Texas, amending a proposed annexation ordinance which passed on first reading on November 28, 2000 and was 1 2 City of Denton City Council Minutes January 9, 2001 Page 2 published on December 8, 2000 to annex two tracts of land, comprising 881 acres; Tract One being located on the southwestern side of the City of Denton's extraterritorial jurisdiction east of U.S. Highway 377, south of Regency Court on each side of Country Club Road, west of Montecito along Ryan Road and mostly north of Brush Creek Road; and Tract Two being located west of Montecito, south of E1 Paseo and east of Santa Monica; and providing an effective date (A-101). Dave Hill, Assistant City Manager for Development Services, stated that a City Charter requirement indicated that any amendment to an annexation ordinance required a 30 day publication in the newspaper. Rather than the second reading of the annexation ordinance, Council was asked to consider an amendment to the proposed annexation ordinance due to the removal of parcels of land during the first reading of the annexation ordinance. The proposed service plan had not changed. The following individuals spoke regarding the proposal: Bob Heilic, 3855 Leisure Lane, Denton, 76210 - opposed Richard Burch, 2601 Buckingham, Denton, 76209 - opposed M. C. Burch, 7034 Country Club Road, Denton - opposed Nelda Burch Hackett, P.O. Box 998, Argyle, 76226 - opposed Janelle Burch, 2601 Buckingham Drive, Denton, 76209 - opposed Robin Iliffe-Weston, 6499 Country Club Road, Denton, 76205 - opposed The following ordinance was considered: NO. 2001-028 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A PROPOSED ANNEXATION ORDINANCE WHICH PASSED ON FIRST READING ON NOVEMBER 28, 2000 AND WAS PUBLISHED ON DECEMBER 8, 2000 TO ANNEX TWO TRACTS OF LAND, COMPRISING 881 ACRES; TRACT ONE BEING LOCATED ON THE SOUTHWESTERN SIDE OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION EAST OF U.S. HIGHWAY 377, SOUTH OF REGENCY COURT ON EACH SIDE OF COUNTRY CLUB ROAD, WEST OF MONTECITO ALONG RYAN ROAD AND MOSTLY NORTH OF BRUSH CREEK ROAD; AND TRACT TWO BEING LOCATED WEST OF MONTECITO, SOUTH OF EL PASEO AND EAST OF SANTA MONICA; AND PROVIDING AN EFFECTIVE DATE (A-101). Beasley motioned, Burroughs seconded to adopt the ordinance with the restrictive covenants in the designated areas. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young "nay", and Mayor Brock "aye". Motion carried with a 6-1 vote. 4. The Council considered adoption of an ordinance of the City of Denton, Texas, amending a proposed annexation ordinance which passed on first reading on November 28, 2000 and was published on December 8, 2000 to annex three tracts of land comprising 1,159 acres; Tract One being located west of U.S. Highway 377, south of Allred and north and south of Johnson Lane; Tract Two being located east of Interstate Highway 35 West and west of the Kansas City City of Denton City Council Minutes January 9, 2001 Page 3 Southem Railway, extending south along Bonnie Brae approximately 6,400 feet north of U.S. Highway 377; and Tract Three being located northeast of the intersection of Corbin and Bonnie Brae; and providing an effective date (A-102). Dave Hill, Assistant City Manager for Development Services, stated that parcels 13, 14, 15, 18, 19 and 20 were removed from the draft ordinance and were subject to restrictive covenants. This was an amendment to the first reading ordinance. Young motioned, Cochran seconded to add parcel 16 to the area to be deleted from the annexation ordinance and subject to the restrictive covenants. 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. The following individuals spoke regarding the proposal: Joe Erwin, 1221 Princess, Hurst, 76053 - opposed M. C. Burch, 7034 Country Club Road, Denton, 76210 -opposed Patricia Brown, - thanked the Council for the work done on the covenants The following ordnance was considered: NO. 2001-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A PROPOSED ANNEXATION ORDINANCE WHICH PASSED ON FIRST READING ON NOVEMBER 28, 2000 AND WAS PUBLISHED ON DECEMBER 8, 2000 TO ANNEX THREE TRACTS OF LAND COMPRISING 1,159 ACRES; TRACT ONE BEING LOCATED WEST OF U.S. HIGHWAY 377, SOUTH OF ALLRED AND NORTH AND SOUTH OF JOHNSON LANE; TRACT TWO BEING LOCATED EAST OF INTERSTATE HIGHWAY 35 WEST AND WEST OF THE KANSAS CITY SOUTHERN RAILWAY, EXTENDING SOUTH ALONG BONNIE BRAE APPROXIMATELY 6,400 FEET NORTH OF U.S. HIGHWAY 377; AND TRACT THREE BEING LOCATED NORTHEAST OF THE INTERSECTION OF CORBIN AND BONNIE BRAE; AND PROVIDING AN EFFECTIVE DATE (A-102). Burroughs motioned, Cochran seconded to adopt the amended ordinance inclusive of the restrictive covenants for the deleted parcels and inclusive of the prior amendment made by Council Member Young. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 4. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Following thc completion of the Special Called Meeting, the Council convened into a Work Session in the Work Session Room. 1. The Council received a report from Richard Franco regarding proposed development of the Denton Housing Authority. City of Denton City Council Minutes January 9, 2001 Page 4 Mr. Franco stated that proposed developments were being considered in several locations throughout Denton. Part of this proposal would replace the Phoenix Apartments. Shari McDade, Denton Housing Authority, addressed the concerns of the neighborhood residents. The majority of the concerns dealt with noise and traffic. Martha Guerra, Denton Housing Authority, stated that 158 townhomes and 52 elderly garden homes at various locations throughout Denton would be built. 2. The Council received a report, held a discussion and gave staff direction regarding information concerning the United States Army Corps of Engineers' (Corps) recent Environmental Assessment for Lake Lewisville, the City of Denton's response, the City of Dallas's response and a potential lawsuit by a homeowners' group. Julie Smith, Environmental Compliance Manager, stated that the Corps of Engineers developed a Programmatic Environmental Assessment (PEA) last year for Lake Lewisville as a second phase of the two-phase carrying capacity and use study for the lake. Because the City of Denton, along with many other entities, including the City of Dallas, found the PEA inadequate, the City refused to endorse the PEA. The Corps must also conduct an Environmental Impact Statement (EIS) for any proposed projects that would exceed the carrying capacity for the Lake. Despite the fact that the Corps admitted that the carrying capacity for the Lake was currently exceeded, the Corps did not do an EIS. The Corps' recommendations would result in an increase in the number of boats traveling in an area of the Lake that already exceeded its carrying capacity. Staff believed that a properly conducted EIS would confirm that the Lake was significantly beyond its carrying capacity with respect to natural resources and that water quality in particular was negatively impacted. The Corps made it clear that they intended to avoid their legal obligations to conduct an EIS by relying on an alternative method for lake development. The Corps' alternative consisted of zoning the Lake into three distinct areas and considering carrying capacity within each zone only. It was learned before this meeting that the Corps intended to proceed with the building of more marinas on the Lake. A local homeowners group intended to file a lawsuit against the Corps. Consensus of the Council was to join in the lawsuit with the exact level of participation to be determined. 3. The Council received a presentation, held a discussion and gave staff direction regarding Phase II of the National Pollution Discharge Elimination System (NPDES) Storm Water Program (Program) and its impact on the City of Denton. Julie Smith, Environmental Compliance Manager, presented the requirements of the Phase II Storm Water Program and associated costs for the City of Denton as noted in the agenda materials. Consensus of the Council was to continue public awareness of the situation and consider a proposal to use funds obtained from fines relative to polluting to pay for the clean up of other areas in the city. 4. The Council received a report, held a discussion and gave staff direction regarding the process to select an architect to design the new central fire station. City of Deaton City Council Minutes January 9, 2001 Page 5 Ross Chadwick, Fire Chief, reviewed the background for the need for a new fire station and the selection process for an architect for the new station as noted in the agenda materials. Council discussed the pros and cons of using a local architect as opposed to a non-local architect. Council Member Young suggested hiring the firm of James Kirkpatrick rather than an outside firm. City Manager Jez asked the Council to allow staff to continue to negotiate with the selected firm and to continue to try and partner with the Kirkpatrick firm as the secondary local provider. After discussion, Council consensus was to have the Legal Department review the information obtained during the selection interviews to determine if any of that information was confidential before disclosing that information and to suspend the current negotiations with the selected firm. 5. The Council received a report, held a discussion, and gave staff direction regarding the interpretation of Section 34-114 (5) of the Code of Ordinances regarding perimeter streets. Dave Salmon, City Engineer, stated that Section 34-114(5) of the Code of Ordinances, required developers to provide standard improvements to proposed and existing streets that border a development. Perimeter paving typically consisted of installing 25 feet of City of Denton standard pavement including curb and gutter on the side of the development. This standard had always been interpreted by staff to mean that as a tract developed, the perimeter street improvements were required to be installed adjacent to the development when it was developed. In multi-phase developments, this often resulted in roads being reconstructed a short section at a time. Recently developers had inquired about the possibility of constructing their perimeter street improvements all at one time in a later phase of development. Staff felt that the request had merit for large multi-phase developments, especially if there were already access to the development via a paved road in good condition. Salmon reviewed the concerns regarding the possibility of allowing a developer to set up an escrow account or give the City money to hold so that the perimeter improvements would be provided for. Consensus of the Council was to proceed with the proposal. 6. The Council received a report, held a discussion and gave staff direction regarding a proposed conservation district in the Bell Avenue area. Linda Ratliff, Director of Community Development, stated that in a recent historic resources survey, the Bell Avenue neighborhood was identified as an area that could be designated as a conservation district in order to protect the remaining historic fabric of the neighborhood. The Historic Landmark Commission recently held a neighborhood meeting with the residents of the Bell Avenue area with an overwhelmingly positive response to the possibility of establishing a conservation district. A conservation district was a historic preservation tool used to preserve the neighborhood character and protect the area from demolition. The neighborhood participants help create an ordinance that specifically addressed the needs of the area. Tax incentives would be included in the ordinance. Staff was recommending the formation of such a district in the Bell Avenue area. City of Denton City Council Minutes January 9, 2001 Page 6 Consensus of the Council was to proceed with the establishment of the district. 7. The Council received a report, held a discussion and gave staff direction regarding a proposed 45.98 acre residential development containing 142 lots and possible voluntary annexation in ETJ south of Blagg Road, approximately 950 feet west of Lakeview Boulevard. Dave Hill, Assistant City Manager for Development Services, presented the details regarding the recent activity on the property. The property had recently been purchased with the proposal of developing 124 residential lots. Staff's understanding was that the property owner was not opposed to being annexed. Consensus of the Council was to proceed with the annexation. 8. The Council received a report, held a discussion and gave staff direction regarding the construction of a Compost Storage/Processing Building in the amount not to exceed $97,000.00. Jim Coulter, Director of Water Utilities, stated that the City's composting operation had received a grant from NCTCOG to provide funding for a small compost bagging machine and a storage building through their Solid Waste Grant. The grant would provide funding to construct a metal building for storing the compost bags and provide a working area to fill bags regardless of weather conditions. This project would help bring the City's Dyno-Dirt to a larger market as individuals would be able to purchase bags of the product as opposed to purchasing it by the cubic yard. The building would allow the City to improve the compost bagging operation and ultimately expand the market for recycled materials. Consensus of the Council was to proceed with the proposal. 9. The Council received a report, held a discussion, and gave staff direction regarding an ordinance authorizing the City Manager to accept competitive bids and award a contract with Unum Life Insurance Company of America to provide long-term disability insurance and voluntary short-term disability insurance for City of Denton employees. Robert Waggoner, Risk Manager, stated that the City had offered long-temi disability insurance to employees as part of the benefit package since 1984. The current plan would expire on 1/31/01. Staff was suggesting a new proposal from UNUM with a two-year rate guarantee including a voluntary short-term disability plan. Consensus of the Council was to proceed with the contract. With no further business, the meeting was adjourned at 11:00 p.m. CITY OF DENTON, TEXAS EULINE BROCK, MAYOR CITY OF DENTON, TEXAS