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Minutes April 03, 2001CITY OF DENTON CITY COUNCIL MINUTES April 3, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, April 3, 2001 at 5:15 p. m. in the City of Denton Council Work Session Room, Denton City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberations regarding certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.** Received competitive electric and commercial information from Staff and considered, discussed, deliberated, and provided Staff with direction regarding possible resolution of a part of the single-certification regulatory proceeding brought by Denton Municipal Electric, pending before the Public Utilities Cormnission of Texas. Conducted a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attomeys' duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. Bo Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under TEXAS GOVERNMENT CODE Section 551.086.** Received competitive electric and commercial information from one of the City's Texas Municipal Power Agency ("TMPA") Board Members and/or City Staff pertaining to matters regarding present and future maintenance issues, financial issues, operational issues, legal and compliance issues, and other related issues and strategies concerning the City's interest in, and its business relationship with TMPA; received competitive electric and commercial information regarding the Denton Municipal Electric ("DME") divestiture; discussed, deliberated, considered, and provided such TMPA Board Member and/or Staff with direction regarding same. Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Received legal advice from the City Attomey or his staff concerning legal issues regarding disclosure of attorney-client communications and other documents excepted from disclosure under the Public Information Act in response to an open records request from the Dallas Morning News where to discuss these matters in public would conflict with the duty of the City's attorneys under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 1'00 City of Denton City Council Minutes April 3, 2001 Page 2 D. Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551.074. Held a discussion and deliberated regarding the appointment, employment, evaluation, and/or duties of a City Manager. Regular Meeting of the City of Denton City Council on Tuesday, April 3, 2001 at 6:00 p.m. in the Council Chambers at City Hall. 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 March 2, 6, 9, 16, and 19, 2001. Durrance motioned, Burroughs 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. PRESENTATIONS 3. Proclamations A. Mayor Brock presented a proclamation for Environmental Crime Prevention Week to Officer Mike Sweet. B. Mayor Brock presented a proclamation for Sexual Assault Awareness Month to Alicia Reimers of Denton County Friends of the Family. CITIZEN REPORTS 4. Ross Melton regarding his lawsuit, code enforcement, and attomeys. Mr. Melton was not present at the meeting. 5. Dorothy Framanty regarding Municipal Court procedures. Ms. Framanty stated the problems she was having with Municipal Court. CONSENT AGENDA Mayor Brock asked that Item #20 be pulled for separate consideration. Beasley motioned, Burroughs seconded to approve the Consent Agenda and the accompanying ordinances with the exception of Item #20. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 110!, City of Denton City Council Minutes April 3, 2001 Page 3 6. Approved a tax refund to Hunt Petroleum Corp. in the amount of $630.11. The 2000 property tax was paid twice. 7. Approved a tax refund to Christopher Walton in the amount of $890.77. The 2000 property tax was paid twice. 8. Approved a tax refund to Toyota Equipment Finance in the amount of $8,472.74. The 2000 property tax was paid twice. 9. Approved a tax refund to Gm'land Cates in the amount of $849.91. The 2000 property tax was paid twice. 10. NO. 2001-137 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF NORTH LAKES PARK FOOTBALL FIELDS AND PARKING IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2629 - NORTH LAKES PARK FOOTBALL FIELDS AND PARKING IMPROVEMENTS, AWARDED TO SENECA CONSTRUCTION, INC., IN THE AMOUNT OF $910,130.30, INCLUDING ALTERNATES 1, 3, 5, 12). 11. 12. 13. NO. 2001-138 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF REPLACEMENT PUMP PARTS FOR FAIRBANKS PUMP; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2582 - REPLACEMENT PUMP PARTS FOR FAIRBANKS PUMP IN THE AMOUNT OF $19,897). NO. 2001-139 AN ORDiNANCE ACCEPTiNG COMPETITIVE BIDS AND AWARDiNG A CONTRACT FOR THE PURCHASE OF A SELF LOADiNG 3-REEL TRAILER AND INDUSTRIAL HYDRAULIC CABLE TRAILER; PROVIDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2646 - SELF LOADiNG 3 REEL TRAILER AND INDUSTRIAL HYDRAULIC CABLE TRAILER IN THE AMOUNT OF $96,474). NO. 2001-140 AN ORDiNANCE ACCEPTiNG COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF ONE SUBURBAN; PROVIDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN 1 0 2 City of Denton City Council Minutes April 3,2001 Page 4 EFFECTIVE DATE (BID 2658 - SUBURBAN AWARDED IN THE TOTAL AMOUNT OF $26,486.75). 14. NO. 2001-141 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION; 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 BIDS; AND PROVIDING AN EFFECTIVE DATE. 15. NO. 2001-142 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR ENGINEERING AND RELATED SERVICES PERTAINING TO APPROVED ELECTRICAL POWER SYSTEM PROJECTS FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 16. NO. 2001-143 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR INSTALLATION AND FUNDING OF CERTAIN TRAFFIC CONTROL DEVICES AT SPECIFIED INTERSECTIONS WITHIN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE. 17. NO. 2001-144 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF LLOYD, GOSSELINK, BLEVINS, ROCHELLE~ BALDWIN AND TOWNSEND, P.C. FOR SERVICES PERTAINING TO PUBLIC UTILITIES COMMISSION OF TEXAS DOCKET NO. 22350 (TXU UNBUNDLED COST OF SERVICE) RELATING TO DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes April 3, 2001 Page 5 103 18. NO. 2001-145 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF TASK ORDER NO. 01-B WITH R.J. COVINGTON CONSULTING FOR SERVICES RELATING TO OVERALL RESTRUCTURING IMPLEMENTATION FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 19. NO. 2001-146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT TO THE AMENDED 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 TO EXCEED NINE HUNDRED FORTY-TWO THOUSAND, ONE HUNDRED AND NINETY-FIVE DOLLARS ($942,195.00); AND PROVIDING FOR AN EFFECTIVE DATE. Item #31 was considered. Cochran motioned, Burroughs seconded to suspend the rules and allow anyone wishing to speak on this item five minutes instead of the normal three minutes. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Bmck"aye". Motion carried unanimously. 31. The Council considered approval of DME's strategy to continue to monitor market rules before entering into electric competition. Sharon Mays, Director of Electric Utilities, stated that Glenn Fisher would brief the council on a new marketplace for the interim period Glenn Fisher, Assistant Director of Planning/Ext. Affairs, presented a timeline regarding deregulation. He stated that Senate Bill 7 had been passed in June 1999. A pilot program would start on June 1, 2001 with 5% of investor-owned utilities residential and small commercial customers being allowed to choose alternate energy providers. Full competition would begin for investor-owned utilities in Texas on January 1, 2002. Fisher stated that Senate Bill 7 put a municipality's decision of when or if to elect for customer choice in the hands of the City Council. The key provision in this decision is that "the decision to participate in customer choice by the adoption of a resolution is irrevocable." Once Denton was into competition, it could not get out, even if the experiences in the competitive market showed the decision to opt in was a mistake. 4 'City of Denton City Council Minutes April 3, 2001 Page 6 Fisher stated that staff recommended the Council adopt a "wait and see" attitude about deregulation at the current time. The issue could be revisited in December of 2002, after the market had operated through periods of low energy and high-energy demands and stakeholders had identified and corrected market operational issues. The Mayor asked if any citizens would like to speak on the subject. The following individuals spoke: John Thompson, 3211 Darby Lane, stated he would like to see the seriousness of the choices we had to make Tim Morrissy, 1117 Skylark Drive, stated that waiting was probably the best advice they could get Edwin Fulton, 1404 Ft. Worth Drive, stated he would like to see the City take a "wait and see" attitude Monica Antonelly, 1202 Oakwood Drive, asked if the presentation would be available on the website Young motioned, Cochran seconded to take a "wait and see" stance through 2002. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. PUBLIC HEARINGS 21. The Council held a public hearing and considered adoption of an ordinance amending the ordinance adopting The Denton Plan 1999-2020 by adopting a pedestrian and bicycle component of the Denton Mobility Plan for the City of Denton, providing a savings and a repealing clause, and providing for an effective date. (The Planning and Zoning Commission recommended approval, 7-0.) Jerry Clark stated that the pedestrian and bicycle component was the second in a series of mobility plan components intended to coordinate the city's transportation systems. 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. 2001-147 AN ORDINANCE AMENDING THE ORDINANCE ADOPTING THE DENTON PLAN 1999-2020 BY ADOPTING A PEDESTRIAN AND BICYCLE COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 105 City of Denton City Council Minutes April 3, 2001 Page 7 Beasley motioned, Cochran seconded to adopt the pedestrian and bicycle component of the Denton Mobility Plan. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young "aye", and Mayor Brock"aye". Motion carried unanimously. 22. The Council held a public hearing regarding the involuntary annexation and service plan for 46 acres of land in the eastern section of the City of Denton's Extraterritorial Jurisdiction (ETJ). The site was generally located on the south side of Blagg Road, approximately 1000' west of Lakeview Boulevard. (A-O l-O002, Blagg Road Annexation Area) Larry Reichhart, Assistant Director of Planning and Development, stated that they had received opposition to this involuntary annexation. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Lynn Thames, 5533 Blagg Road - opposed to request The Mayor closed the public hearing. 23. The Council held a public hearing and considered adoption of an ordinance approving a Zoning Plan at 1551 Mingo Road from a Single Family (SF-7) zoning district to a Planned Development (PD) zoning district. The 22.7 acre property was generally located between University Drive and Mingo Road, approximately 500' east of Ruddell Street. A senior housing complex and public park are proposed. The Planning and Zoning Commission recommended approval (5-0) with conditions. (ZP-OI-O001, Bluffview Villas) Larry Reichhart, Assistant Director of Planning and Development, stated that the Planning and Zoning Commission had recommended approval with the following conditions: amend the lighting standard; a community center, not to exceed 6,000 square feet, to be added to the allowed uses; a 6' tall solid screening fence of wood panels with metal posts and brick columns, 50' on center, to be added to the entire western property line; the monument signs should be placed a minimum of 10' from respective property lines; and the eastern buffer should be modified to 64'. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Allen Bussell, representing the petitioner, support Brian Potashnik, developer of project, support Deborah Wright, 1513 Creek, support Janice Collvins, 2011 Boyd, opposition Frank Watson, 1505 Seminole, support Brent Yeldell, Southwest Housing, support Joe Moore, 1505 Creek, support David Piatt, 809 Greenwood, support 10 City of Denton City Council Minutes April 3, 2001 Page 8 The following individuals submitted a blue card but did not wish to speak: Charlene Smith, 1816 Boyd - opposition Virginia Boyette, 1506 Choctaw - opposition Curtis and Bertha Erwin, 1815 Boyd - opposition James Collvins, 2011 Boyd - opposition The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-148 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR APPROXIMATELY 24 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7) ZONING DISTRICT; TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR MULTI- FAMILY USES; THE SUBJECT PROPERTY BEING LOCATED BETWEEN UNIVERSITY DRIVE AND MINGO ROAD, APPROXIMATELY 500' EAST OF RUDDELL STREET; 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 (ZP-01-0001). Young motioned, Burroughs seconded to approve with the following conditions: a solid screening fence of wood panels with metal posts would be added to the western property line; monument signs would be placed a minimum of 10' from respective property lines; parking for the park site should be internal to the park and no parking for the park site would be allowed on or adjacent to the cul de sacs in the adjacent subdivision; the existing fence along the east side of the property would remain or be replaced by a fence that was equivalent to or better than the existing fence; park development and access to the park from the east would be coordinated with residents of the subdivision adjacent to the property. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kxistoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 24. The Council held a public hearing and considered adoption of an ordinance approving a Detailed Plan / Project Plan for approximately 15 acres located on the southeast side of Interstate 35E approximately 3000 feet northwest of its intersection with Post Oak Road. The property was located in the Planned Development 12 (PD-12) zoning district. An automobile dealership was proposed. The Planning and Zoning Commission recommended approval (5-0) with conditions. (SP-01-O001, Jim McNatt Toyota- Dodge) Larry Reichhart, Assistant Director of Planning and Zoning, stated that the Planning and Zoning Commission had recommended approval with the following conditions: lighting on the property should be designed to as not to shine on adjoining property; an irrigated landscaping strip at least three feet in width should be provided along the top of the retaining wall along the southwestern boundary of the property; public address speakers should be oriented so as not to face towards City of Denton City Council Minutes April 3, 2001 Page 9 107. the south, southwest or west; temporary sales building should be removed from the site within 90 days of a Certificate of Occupancy being issued for the main sales and service building; the existing oak trees intended to be preserved by the applicant should be monitored during construction activity and during a five-year recovery period; if the health of any of the existing oak trees should decline during construction or the recovery period, the applicant should plant replacement trees in the islands where the oak trees were removed. The Mayor opened the public heating. Jim Stephenson, 6777 Camp Bowie, Ft. Worth - support The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-149 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 98-084 TO PROVIDE FOR A DETAILED PLAN/PROJECT PLAN FOR 15.02 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 12 (PD-12) ZONING DISTRICT; THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTHEAST SIDE OF INTERSTATE 35E APPROXIMATELY 3000 FEET NORTHWEST OF ITS INTERSECTION WITH POST OAK 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 (SP-01-0001). Beasley motioned, Young seconded to approve the Detailed Plan/Project Plan with conditions recommended by the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried 6-1. 25. The Council held a public hearing and considered adoption of an ordinance approving a Comprehensive Plan Amendment, from a Neighborhood Center to a Community Mixed Use Center, for a 13.16 acre site located at the southwest comer of Teasley Lane and Ryan Road in the City of Denton, Denton County, Texas. A community retail center was proposed. The Planning and Zoning Commission recommended denial (3-2). (CA-O0-O02, Teasley Commons Comprehensive Plan AmendmenO Larry Reichhart, Assistant Director of Planning and Zoning, stated that the Planning and Zoning Commission recommended denial. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Bennett Ratliff, support City of Denton City Council Minutes April 3, 2001 Page 10 Richard Garner, 5321 Wildwood Lane, expressed some concerns Raymond Shephard, 3956 Parkhaven Drive, support The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-150 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A COMPREHENSIVE PLAN AMENDMENT FOR 13.16 ACRES LOCATED WITHIN NEIGHBORHOOD CENTER LAND USE DESIGNATION; TO CHANGE TO COMMUNITY MIXED USE CENTER LAND USE DESIGNATION; THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF TEASLEY LANE AND RYAN ROAD; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (CA-00-002) 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 Brock "aye". Motion carried unanimously. 26. The Council held a public hearing and considered adoption of an ordinance approving a Zoning Plan for a 13.16 acre site located at the southwest comer of Teasley Lane and Ryan Road in the City of Denton, Demon County, Texas. The property was currently zoned Planned Developmem 93 (PD-93). The intent was to amend the Planned Development to allow the construction of a community shopping center. The Planning and Zoning Commission recommended denial (3-2). (ZP-O0-O17, Teasley Commons Zoning Plan) The Mayor opened the public hearing. The following individuals spoke during the public hearing: Bennett Ratliff, support Raymond Shephard, 3956 Parkhaven Drive, support The Mayor closed the public hearing. The following ordinance was considered: 2001-151 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 85-68 TO PROVIDE FOR A ZONING CHANGE AND ZONING PLAN FOR 13.16 ACRES LOCATED WITHIN THE PLANNED DEVELOPMENT 93 (PD-93) ZONING DISTRICT TO ALLOW FOR A RETAIL SHOPPING CENTER; THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF TEASLEY ROAD AND City of Denton City Council Minutes April 3, 2001 Page 11 109 RYAN 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. (ZP-00-017) Kristoferson motioned, Cochran seconded to adopt the ordinance with the following conditions: driveways should be limited to two on Teasley and one on Ryan Road; right turn lane at the northern most driveway on Teasley with a median on Teasley preventing left tums at that driveway; reconstruction of Ryan Road across the frontage as a four lane divided road with median opening and left and right turn lanes at the driveway; left and right turn lanes on Teasley at the southern most driveway; design of the development shall be pedestrian oriented; no drive- thru restaurants; one structure on the site allowed up to 58,000 square feet in size - all others should not exceed 45,000 square feet; no truck deliveries between 10:00 p.m. and 6:00 a.m.; an eight foot masonry wall should be constructed along the south and west side of the property; signs shall be monument signs. 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 27. The Council reconsidered approval of a resolution approving a Project Plan for 1.563 acres in a Commercial (C) zoning district, located on the north side of 1-35 at the northeast intersection of 1-35 service road between Fort Worth Drive and Teasley Lane. Johnny Carino's Country Italian Restaurant was proposed. (SP-O0-O19) Larry Reichhart, Assistant Director of Planning and Zoning, presented a design solution meant as another alternative for building placement on the site. Norman Abdullah, 3555 RR 6205, Austin, owner of Johnny Carino's, stated that if they couldn't get the site approved they wouldn't be building in Denton. Charles Mercer, 3555 RR 620 South, Austin, stated that the front of the building needed to be on the Interstate side. There would be a handicapped drop-off at the front door. There would also be fire lane access all around the building. Tom Pritchett, 3017 Westminister, spoke regarding the landscaping. The following individuals submitted a blue card bnt did not wish to speak: Nick Cade, Dallas - support David Piatt, 809 Greenwood - support The following resolution was considered: NO. R2001-013 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR JOHNNY CARINO'S COUNTRY 11 City of Denton City Council Minutes April 3, 2001 Page 12 ITALIAN RESTAURANT, BEING AN APPROXIMATE 1.563 ACRE SITE LOCATED ON THE NORTH SIDE OF 1-35 BETWEEN FT. WORTH DRIVE AND TEASLEY LANE; AND PROVIDING FOR AN EFFECTIVE DATE (SP- 00-019, JOHNNY CARINO'S COUNTRY ITALIAN RESTAURANT) Young motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor Brock"aye". Motion carried 6-I. 28. The Council considered approval of exaction variances from Section 34-114(5), perimeter paving, and Section 34-114(17), sidewalks, of the Subdivision and Land Development Regulations for the Denton Plaza Addition. The 11.6 acre site was located at the southeast comer of Kimbefly Lane and Karina Lane. The property was in a Light Industrial (LI) zoning district. An office and call center for the Federal Emergency Management Agency (FEMA) was proposed. The Planning and Zoning Commission recommended approval (4-1 & 3-2). (7/-01- 0008) Kristoferson motioned, Young seconded to approve the variances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock"aye". Motion carried 6-1. 29. The Council considered approval of an exaction variance from Section 34-114(3), street design standards, concerning right-of-way dedication, of the Subdivision and Land Development Regulations for a 0.6 acre property located on the west side of Sherman Drive, approximately ¼ mile north of Bell Avenue. The site was in a Single Family (SF-7) zoning district. A convenience store with gasoline sales was proposed. The Planning and Zoning Commission recommended approval of a partial variance for 8' of right-of-way dedicated (3-2). (V-01~0005) J.F. Plangman, 3300 W. University, spoke regarding the variance. Cochran motioned, Beasley seconded to deny the request for variance. Beasley withdrew her second to the motion. Motion died for lack ora second. Burroughs motioned, Young seconded to graut a partial variance with an eight-foot driveway. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"nay", Young "aye", and Mayor Brock "aye". Motion carried 6-1. 30. The Council considered and took action on a request for relief from the Non-Residential Interim Zoning Regulations, Ordinance 2000-069 for a 2.2 acre property located at 1808 N. Elm Street. The property was in General Retail (GR) zoning district. A Planned D~v~lopm~nt zoning district to allow both General Retail and Residential uses on the property was proposed. (RN-OI-O002, 1808 N. Elm StreeO City of Denton City Council Minutes April 3, 2001 Page 13 111 Cochran 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 Brock "aye". Motion carded unanimously. 20. The Council considered adoption of an ordinance approving an employment agreement and authorizing the Mayor to execute this agreement employing Michael A. Conduff as City Manager of the City of Denton, Texas; setting the compensation and terms of that employment; ratifying prior action; and providing an effective date. The following ordinance was considered: NO. 2001-152 AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THIS AGREEMENT EMPLOYING MICHAEL A. CONDUFF AS CITY MANAGER OF THE CITY OF DENTON, TEXAS; SETTING THE COMPENSATION AND TERMS OF THAT EMPLOYMENT; RATIFYING PRIOR ACTION; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to approve the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried 6-1. 32. Items from the City Manager City Manager Jez did not have any items for the Council. 33. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 34. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 10:45 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS CHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS