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Minutes February 18, 2003CITY OF DENTON CITY COUNCIL M1NUTES February 18, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 18, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None. 1. The Council received a report, held a discussion, and gave staff direction regarding the annual audit. Anna Mosqueda, Director of Management and Budget, stated that the annual audit for the year ended September 30, 2002 had been completed, and introduced Terry Kyle with Deloitte and Touche. Kyle presented the Comprehensive Annual Financial Report, Report to Management, and Single Audit Reports. He stated that the Audit Committee had unanimously approved these reports. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of February 18, 2003. Following the completion of the Work Session, the Council convened in a Closed Meeting. 1. The Council considered the following in Closed Meeting: A. Personnel Matters -Under TEXAS GOVERNMENT CODE Section 551.074. Evaluation of Municipal Judge Evaluation of City Attorney Evaluation of City Manager Regular Meeting of the City of Denton City Council on Tuesday, February 18, 2003 at 6:30 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. PROCLAMATIONS/PRESENTATIONS Mayor Brock Mayor presented the following proclamations: FFA Week Severe Weather Awareness Week Surveyor' s Week The February Yard-of-the-Month Awards were presented to: Ron and Elaine Fannin Michael Powers Woodie and Shirley Newell City of Denton City Council Minutes February 18, 2003 Page 2 Don Gray The Martin Family John and Sherry Hardin Bob and Joyce Cory C. City Manager Conduff presented recognition of staff accomplishments. 3. CITIZEN REPORTS A. Receive citizen reports from the following: 1. Stacey Mitchel: a low cost pet sterilization and vaccination program. Ms. Mitchel briefed the Council on a low cost pet sterilization and vaccination program they had started in Denton. 2. Willie Hudspeth: minority hiring and concerns for southeast Denton. Mr. Hudspeth spoke about minority hiring in Denton. He stated that he would feel better if the Council had more say in hiring. He stated that the City had never had an African American firefighter. He also voiced concerns about smoking at the east entrance of City Hall. Street. Nell Yeldell: cement batch plant and noise it generates; and the history of Prairie Ms. Yeldell was not present at the meeting. 4. CONSENT AGENDA Redmon motioned, McNeill seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 2003-047 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 03-C, regarding additional professional services relating to the Denton Municipal Electric Transmission Cost of Service Filing and Hearing with the Public Utilities Commission of Texas; authorizing the expenditure of funds therefor; and providing an effective date. 2003-048 - An ordinance of the City of Denton, Texas, authorizing the Mayor, or in the Mayor's absence, the Mayor Pro Tem, to execute an extension to an Interlocal Cooperation Agreement between the City of Denton, Texas and the Denton Independent School District regarding the lease of excess dark fiber optic capacity from the City to the Denton Independent School District in connection with the implementation of the Denton Independent School District wide area City of Denton City Council Minutes February 18, 2003 Page 3 network; authorizing the expenditure of funds therefore; providing for retroactive ratification, approval and confirmation thereof. 2003-049 - An ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a one-year extension to the Depository Services Contract with Texas Bank; and providing an effective date. 2003-050 - An ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton; and providing for an effective date. 2003-051 - An ordinance directing the issuance and publication of Notice of Sale of City of Denton General Obligation Bonds; and providing for an effective date. 2003-052 - An ordinance accepting competitive bids and awarding a public works contract for the construction of a metal storage building at the Denton Municipal Electric yard; providing for the expenditure of funds therefore; and providing an effective date (Bid 2947 - Metal Storage Building at DME Yard awarded to Jones and Jeffery Construction Co., Inc. in the amount of $131,638). 2003-053 - An ordinance awarding a contract for the purchase of LED traffic signal lights and pedestrian countdown lights as awarded by the State of Texas Building and Procurement Commission through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2973 to Amtech Lighting Services in the amount of $343,500 for a five year period). 2003-054 - An ordinance accepting competitive bids and awarding a contract for the purchase of fleet vehicles; providing for the expenditure of funds therefore; and providing an effective date (Bid 2935 - Fleet Vehicles 2003 awarded to the lowest responsible bidder for each item in the amount of $159,879.25). 2003-055 - An ordinance accepting competitive bids and awarding a contract for the purchase of tree trimming services for the Denton Municipal Electric Division; providing for the expenditure of funds therefore; and providing an effective date (Bid 2945 - Tree Trimming for DME awarded to Asplundh Tree Expert Co. in the estimated amount of $138,000). 2003-056 - An ordinance accepting competitive bids and awarding a contract for the purchase of outgoing U.S. Mail services for the City of Denton; providing for the expenditure of funds therefore; and providing an effective date (Bid 2948 - Mailing Service awarded to Unlimited International Mailing, Inc. in the estimated amount of $33,000). 2003-057 - An ordinance accepting competitive bids and awarding a contract for the purchase of a track type tractor/dozer; providing for the expenditure of funds City of Denton City Council Minutes February 18, 2003 Page 4 therefore; and providing an effective date (Bid 2952 - Track Type Tractor/Dozer awarded to Holt CAT in the amount of $515,043). An exaction variance of Section 35.19.6(c)1 of the Code of Ordinances concerning drainage, specifically underground storm sewer requirements. The 17.94-acre parcel is located on the south side of Audra Lane between Nottingham Drive and Mockingbird Lane. The property is located in a Neighborhood Residential 2 (NR-2) zoning district. A single-family residence is proposed. The Planning & Zoning Commission recommends approval of the variance with conditions 6-0. (V02-0031, Audra Oaks) 2003-058 - An ordinance of the City Council of the City of Denton, Texas calling a Public Hearing of the Denton City Council on Land Use Assumptions, a Capital Improvements Plan, and Proposed Amendment to Impact Fees related to the possible adoption of Amended Water and Wastewater Impact Fees in accordance with Chapter 395 of the Texas Local Government Code; requiring the City Secretary to post notice of the public hearing and to provide additional notice of the public hearing as set forth in the body of this ordinance; and providing an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit to allow outdoor recreation use on approximately 84 acres located in a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The property was located north of Edwards Road, east of 1-35. A nine-hole golf course and 480 multi-family apartment units were proposed. The Planning and Zoning Commission recommended approval 6-0. (Z02- 0060, The Timbers at Denton) Larry Reichhart, Assistant Director of Planning and Development, stated that in the NRMU-12 zoning district a Specific Use Permit was required for any outdoor recreational use. Staff had received two responses from property owners within 200 feet of the site, one neutral and one in opposition. Current opposition was less than 20%. Reichhart stated that P&Z had recommended approval 6-0 with two conditions. The revised site plan submitted to P&Z does not change in regard to prohibiting apartments on the eastern portion of the site. Water Utilities was to reach an agreement with the applicant concerning the ESA issues and the golf course maintenance. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Kim Fugitt, with the Lindsey Company, spoke in support of the proposed community. Ronald Linam, 2108 Malone, spoke in support. Tiffany Haertling, 150 Canyon Oak, Argyle, spoke in opposition. She stated that her client, Wade Willis, requested that no more than 30% of the upland habitat be removed and that an entrance to the west of the overall development be required. City of Denton City Council Minutes February 18, 2003 Page 5 The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-059 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A SPECIFIC USE PERMIT IN A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU- 12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING OUTDOOR RECREATION, BEING A NINE-HOLE GOLF COURSE ON AN APPROXIMATE 84 ACRE SITE LOCATED NORTH OF EDWARDS ROAD, EAST OF 1-35 WITHIN THE GIDEON WALKER SURVEY, IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0060) Fulton motioned, McNeill seconded to approve the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance approving an Alternative Development Plan for approximately 84 acres located in a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The property was located north of Edwards Road, east of I-35. A nine-hole golf course and 480 multi-family apartment units were proposed. The Planning and Zoning Commission recommended approval 7-0. (SP02-0009, The Timbers at Denton) Larry Reichhart, Assistant Director of Planning and Development, stated that the applicant was requesting the Alternative Development Plan to allow a nine-hole golf course, clubhouse, and 480 multi-family residential units. The proposed Alternative Development Plan, as submitted, was not compatible with The Denton Plan and surrounding land uses. He stated that staff had received two responses from property owners within 200 feet of the subject site, one in opposition and one neutral. Current opposition was less than 20%. The Mayor opened the public hearing. The following individual spoke during the public hearing: Ken Fugitt, with the Lindsey Company, spoke in support of the project. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-060 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN ALTERNATIVE DEVELOPMENT PLAN FOR A NEIGHBORHOOD RESIDENTIAL City of Denton City Council Minutes February 18, 2003 Page 6 MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING ALTERNATIVE PARKING LOCATIONS, ORIENTATION, AND FACADE DESIGN FOR AN APPROXIMATELY 84 ACRE SITE LOCATED NORTH OF EDWARDS ROAD EAST OF 1-35 WITHIN THE GIDEON WALKER SURVEY, IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (SP02-0009) Burroughs motioned, McNeill seconded to approve the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance creating a Special Sign District for a 6.71-acre site, commonly known as the Southern Hills Plaza development. The property was generally located at the southwest corner of Brinker Road and Colorado Boulevard with street frontage on I35E South. The purpose of the Special Sign District was to allow signage to deviate from the requirements of Subchapter 15 of the Development Code, formerly Chapter 33 of the Code of Ordinances, the Sign Ordinance. The Planning and Zoning Commission recommended approval 5-2. (SD02-0003, Southern Hills Plaza) Larry Reichhart, Assistant Director of Planning and Development, stated that the applicant's proposal would decrease the overall number of proposed signs along Brinker Road but was proposing an area and height increase of all permitted signs. He was requesting one pole sign 40 feet tall and 432 square feet in size, and 2 monument signs 10 feet tall and 40 square feet in size. The Mayor opened the public hearing. The following individual spoke during the public hearing: Donald Silverman, 14900 Landmark Boulevard, Dallas - spoke in support. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-061 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SPECIAL SIGN DISTICT PLAN WITHIN A REGIONAL CENTER COMMERCIAL NEIGHBORHOOD ZONING DISTRICT ON AN APPROXIMATE 6.7 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF COLORADO BOULEVARD AND BRINKER ROAD BETWEEN INTERSTATE 35E SERVICE ROAD AND COLORADO BOULEVARD IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD02-0003) City of Denton City Council Minutes February 18, 2003 Page 7 McNeill motioned, Fulton seconded to approve the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending the Detailed Plan for Planned Development 170, 172 and 176 (PD-170, 172 and 176). The approximately 253 acres of land, commonly known as The Wheeler Ridge Addition, was located south of Nowlin and Robinson Roads on the east side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road. The amendment would alter the number of lots and increase the open space for this property. Single-Family residential subdivision and open space parkland were proposed. The Planning and Zoning Commission recommended approval 6-0. (Z02-0061, Wheeler Ridge) Larry Reichhart, Assistant Director of Planning and Development, stated staff had not received any responses from property owners within 200 feet of the site. 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. 2003-062 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCES NO. 99-257.99-367, 99-405, AND 2000-216 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 253 ACRES LOCATED WITHIN PLANNED DEVELOPMENTS 170, 172 AND 176; THE SUBJECT PROPERTY BEING GENERALLY LOCATED EAST OF TEASLEY BETWEEN ROBINSON AND HICKORY CREEK IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; 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 (Z02-0061). Burroughs motioned, Montgomery seconded to approve the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance rezoning 36.6 acres of land from Planned Development 191 (PD-191) zoning district to Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), and Neighborhood Residential 6 (NR-6) zoning districts. The property was generally located north and south of Audra, west of Mayhill Road, and east of Loop 288. A single-family subdivision and open space were proposed. The Planning and Zoning Commission recommended approval 6-0. (Z02-00062, Prominence Square) City of Denton City Council Minutes February 18, 2003 Page 8 Larry Reichhart, Assistant Director of Planning and Development, stated that staff had received four responses from property owners within 200 feet of the site, two responses in favor, two responses were neutral, and no responses were opposed to the request. The Mayor opened the public hearing. The following individual spoke during the public hearing: Allen Bussell, 1668 Amanda Court, Ponder, spoke in support. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-063 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING APPROXIMATELY 35.30 ACRES OF LAND FROM PLANNED DEVELOPMENT 191 (PD-191) ZONING DISTRICT TO NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD RESIDENTIAL 3 (NR-3), NEIGHBORHOOD RESIDENTIAL 4 (NR-4) AND NEIGHBORHOOD RESIDENTIAL 6 (NR-6); SAID REAL PROPERTY BEING LOCATED IN THE CITY OF DENTON IN THE W. LLOYD SURVEY AND THE M.E.P. & P.R.R. SURVEY AND BEING BETWEEN MAYHILL ROAD AND LOOP 288 SOUTH OF BLAGG ROAD, PROVIDING A PENALTY CLAUSE WITH A MAXIMUM F1NE OF $2000.00 PER DAY FOR A VIOLATION OF THIS ORDINANCE; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02- 0062) Burroughs motioned, Fulton seconded to approve the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. F. The Council held a public hearing and considered adoption of an ordinance for a specific use permit for a gas well site on approximately 62.6 acres of land. The site was in a Neighborhood Residential 6 (NR-6) zoning district. The subject property was located south of Mission, north of Hobson Lane and east of U.S. 377 (Fort Worth Drive). One gas well was proposed. The Planning and Zoning Commission recommended approval 6-0. (Z03-0001, Ragle Unit No. 1/Gas Well) Larry Reichhart, Assistant Director of Planning and Development, stated that staff had received the following responses from property owners within 200 feet of the site - four responses in favor and three responses opposed to the request. Reichhart advised the Council that the proposed ordinance contained the following conditions: 24 hour notice would be provided to residents within 500 feet of the well site prior to beginning any drilling. Fracing operations were restricted to daylight hours only. Gas well development would be conducted in accordance with the Site Plan and approved Development Plat and should comply with the requirements of Subchapter 22 of the Development Code. City of Denton City Council Minutes February 18, 2003 Page 9 The Mayor opened the public hearing. The following individuals spoke during the public hearing: Karen Mitchell, 7823 Nine Mile Bridge Road, representing R.L. Atkins, spoke in support. Ken Seligman, 124 Miller Street, spoke in opposition. Wayne Collier, 311 Mission, spoke in opposition. Ralph Ragle, 1429 Hidden Oaks Circle, Corinth, spoke in opposition. Charlotte Ragle, 1429 Hidden Oaks Circle, Corinth, spoke in opposition. She requested the Council send the item back to P&Z because of all the issues. The Mayor asked if the petitioner wanted to respond. Dick Kelsey, 2225 E. McKinney, spoke in support. The Mayor closed the public hearing. The Council discussed adding conditions such as adding landscaping screen (trees) around the well site and a height limitation of 16 feet on the tanks. The following ordinance was considered: NO. 2003-064 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON 62.6 ACRES OF LAND LOCATED IN THE CITY OF DENTON IN THE WILLIAM DANIEL SURVEY AND GENERALLY LOCATED SOUTH OF MISSION AVENUE, NORTH OF HOBSON LANE AND TO THE EAST OF U.S. 377 WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATION THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.(Z03-0001) Fulton motioned, Redmon seconded to approve the ordinance with the following conditions: all structures would have a height limitation of 16 feet, and a security fence and landscape tree screen would be installed around the well site. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered nominations and appointments to the City's Boards and Commissions. Council Member Redmon nominated Rob Rayner to the Public Utilities Board. Mayor Brock nominated Sue Thomson to the Community Development Advisory Committee. City of Denton City Council Minutes February 18, 2003 Page 10 Council Member Redmon also mentioned that Carl Williams had moved from Denton. He was on the Human Services Advisory Committee. Redmon nominated Willie Hudspeth. Brock motioned, Burroughs seconded to suspend the rules and approve the nominations for Public Utilities Board and Community Development Advisory Committee. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. B. New Business The following items of New Business were suggested by Council Members for future agendas. Council Member Redmon stated that Nell Yeldell citizen report was to address the Council regarding the Cement plant. He wanted to know how the city enforces the noise ordinance at night. C. Items from the City Manager City Manager Conduff did not have any items for Council. D. There was no continuation of the Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. E. 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 9:20 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS