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Minutes March 23, 2004CITY OF DENTON CITY COUNCIL M1NUTES March 23, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 23, 2004 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding infill policies and implementation tools. Kelly Carpenter, Director of Planning and Development, presented the staff report. Staff had been asked to assess the extent to which the current policies effectively furthered the strategic goals in the Comprehensive plan and to make appropriate recommendations to enhance the ability to develop infill projects in the City. Infill development was the development or redevelopment of land that was bypassed, vacant and/or underused. She reviewed the infill development policies contained in the Denton Plan. Carpenter noted the location of possible infill sites and the statistics involved with properties denied infill zoning, properties rezoned and developed for infill prior to the adoption of the Development Code, properties rezoned for infill by land use, properties rezoned and developed for infill since adoption of the Development Code and what other cities were doing to encourage infill development. Staff recommendations included gaining community acceptance, establishing an infill policy and program, establishing a boundary for targeting infill development, amending zoning and development regulations, encouraging the use of overlay zoning, the development of a comprehensive inventory of infill and redevelopment properties, establishing aggressive programs to acquire property for land banking, land assembly and/or land transfer, aggressively marketing infill and redevelopment sites, participating in infrastructure cost sharing, establishing a financial incentives program specifically for infill development, and developing and implementing neighborhood/small area plans for areas within infill development boundaries. Council discussion included: Redevelopment of existing properties should also be considered infill with different criteria from vacant property Encourage mixed use infill developments Maintain flexibility both in requirements and staff responses to infill development Consider different standards for microparcels in order to enhance infill development Explore a program to acquire property for land banking, assembly or transfer Consider the use of public art on smaller parcels by nonprofit entities 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for March 23, 2004. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider specific items listed below under the Closed Meeting section of this agenda. City of Denton City Council Minutes March 23, 2004 Page 2 1. The Council considered the following in Closed Meeting: Deliberations regarding economic development negotiations - Under TEXAS GOVERNMENT CODE Section 551.087. Deliberated and discussed commercial or financial information received from a business prospect and offers of financial or other incentives to the business prospect, Windjammer, Ltd., for the purposes of economic development negotiations relating to the development of a mixed use development commonly known as Unicorn Lake on approximately 134 acres of land generally located on the west side of 1-35E north of State School Road in the M.E.P. & P.R.R Co. Survey, Abstract No. 950 in the City of Denton, Denton County, Texas. Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Discussed and considered legal issues concerning Charter Communications, dba Marcus Cable Associates, L.L.C. ("Charter") as follows: Settlement of the Notice to Charter of Customer Service Violations and assessment of Liquidated Damages; and Whether to participate in the Charter Cable Consortium administrative process on the above notice of violation and liquidated damages. Regular Meeting of the City Council on Tuesday, March 23, 2004 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. There were no proclamations/awards for this meeting. B. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to Council. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: City of Denton City Council Minutes March 23, 2004 Page 3 Peternia Washington regarding responsible and responsive government, part 3. Ms. Washington again stated her concerns regarding the resignation of Ms. Mister from the Denton Housing Authority and the manner in which the Authority operated. 2. Donnie Autry regarding safety issues on Teasley Lane. Mr. Autry was not present at the meeting. 3. Pouran Merrikhi regarding Denton Municipal Utilities. Ms. Merrikhi stated that she had a problem with her utility bill as it had increased greatly since she had returned to Denton. She had an energy efficiency check and no problems were found. She had been unable to pay her bill on time and was being charged a penalty charge plus interest even with a payment agreement. She felt that it was unfair to keep charging the penalty when she had a payment agreement with the City. 4. John High regarding cycle billing of the Utility Department. Mr. High expressed a concern regarding the due dates for utility bills as there were no exceptions for changing the due dates. He was paid only once a month and his due date for his utility bill came before he was paid. He was being charged a late fee each bill and asked to have some exceptions to the billing dates. 4. CONSENT AGENDA Kamp motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Approved a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system at Denia Park during University of North Texas Athletic Department softball tournaments to be held on March 28, April 18 and April 25. The exception was specifically requested for amplified sound on Sundays. 2004-068 - An ordinance awarding a contract for the purchase of audiovisual equipment for the City of Denton Fire Department as awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefor; and providing an effective date (File 3136 - Purchase of Audiovisual Equipment awarded to SchoolHouse Audio-Visual in the amount of $44,278.30). 2004-069 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission City of Denton City Council Minutes March 23, 2004 Page 4 services to the City of Denton; and providing an effective date (File 3150 - Electrical Energy Transmission Fees in the total amount of $1,527,831). 2004-070 - An ordinance authorizing the City Manager to accept an Interlocal Agreement with the City of Oak Point, Texas to authorize participation in various City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3147 - Interlocal Agreement with the City of Oak Point, Texas). 2004-071 - An ordinance accepting competitive bids and awarding a public works contract for an annual price agreement for chip sealing of city streets; providing for the expenditure of funds therefor; and providing an effective date (Bid 3143 - Annual Price Agreement for Chip Sealing awarded to Joe Sullivan, Inc. in the annual estimated amount of $310,000). 2004-072 - An ordinance accepting competitive bids and awarding a contract for the purchase of fleet vehicles; providing for the expenditure of funds therefor; and providing an effective date (Bid 3135 - Fleet Vehicles 2004 awarded to the lowest responsible bidder for each item as shown in Exhibit A in the amount of $482,963.35). 2004-073 - An ordinance accepting competitive bids and awarding a contract for the purchase of fleet heavy equipment; providing for the expenditure of funds therefor; and providing an effective date (Bid 3138 - Fleet Heavy Equipment 2004 awarded to the lowest responsible bidder for each item in the amount of $224,425.48). 2004-074 - An ordinance of the City of Denton, Texas amending Article IV entitled "Stopping, Standing, and Parking" of the Motor Vehicles and Traffic Chapter of the Code of Ordinances of the City of Denton, Texas by amending Section 18-104(a) relating to storage and impoundment fees for impounded vehicles; amending Article IV entitled "Police-Initiated Towing Services" of the Police Chapter of the Code of Ordinances of the City of Denton, Texas by amending Section 23-87 to establish a standard tow fee; providing a severability clause; providing a savings clause; and declaring an effective date. 2004-075 An ordinance concerning an Alternative Development Plan for approximately 0.20-acre site currently zoned Downtown Residential 2 (DR-2). The site, commonly known as 924 West Prairie Street, is generally located north of Prairie Street between Bernard and Welch streets. A six-unit apartment complex was proposed. The Planning and Zoning Commission recommended approval (7-0). (ADP04-O001, Prairie Oaks II) 2004-076 - 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 road improvements for FM 2181; authorizing the expenditure of funds therefore; and providing an effective date. City of Denton City Council Minutes March 23, 2004 Page 5 2004-077 - An ordinance by the City of Denton, Texas abandoning and vacating a 1,960.20 square foot portion of street right-of-way for Fain Avenue as it affects Lot 1, Block 1 of the D.H. Fry Addition as recorded in Volume 75, Page 74 of the Plat Records of Denton County, Texas; and providing an effective date. 2004-078 - An ordinance of the City of Denton, Texas approving the amendment of an agreement between the City of Denton and McDonald Transit Associates, Inc. for the operation of bus services dated April 16, 2002, as amended, to allow the City to provide insurance coverage through the Texas Municipal League Intergovernmental Risk Pool ("TML Risk Pool"); approving an interlocal agreement between the City and the TML Risk Pool to provide such insurance; and authorizing the City Manager or his designee to execute the amendment on behalf of the City and the Mayor to execute the interlocal agreement on behalf of the City; authorizing the expenditure of funds; and providing for an effective date. 2004-079 An ordinance approving a Commercial Operator Airport Lease Agreement between the City of Denton and Group CBS, Inc.; and providing an effective date. 2004-080 - An ordinance amending Chapter 13 Food and Food Service Establishments of the City of Denton Code of Ordinances by making conforming changes in accordance with the Texas Food Establishment Rules promulgated by the Texas Department of Health; providing a severability clause; providing a savings clause; providing for a penalty not to exceed $2,000 for violations of this ordinance; and providing for an effective date. 2004-081 - An ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the possession and consumption of alcohol in the Civic Center Park and buildings; providing for a penalty of a fine not to exceed five hundred dollars for each offense in violation of the ordinance; providing a severability clause and an effective date. R2004-011 - A resolution allowing Denton Festival Foundation to be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival April 23-25, 2004, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. 2004-082 - An ordinance of the City of Denton, Texas authorizing the City Manager to submit for a grant with the US Department of Housing and Urban Development for a Continuum of Care Homeless Assistance Grant; as authorized and required by the McKinney-Vento Homeless Assistance Act of 1987 as amended and authorizing the City Manager to take necessary action to obtain the grant; and providing for an effective date. 2004-083 - An ordinance of the City of Denton, Texas authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2004 Summer Food Service Program; if such funding is granted, the City Manager is authorized to execute the Summer Food Service Program City of Denton City Council Minutes March 23, 2004 Page 6 agreement with the Texas Department of Human Services and execute a contract with Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. S. Approved the minutes of February 13, February 17, and February 24, 2004. First reading to voluntarily annex 35.43 acres of land generally located north of Pockrus Page Road, west of Swisher Road, and south of Edwards Road in the southeastern section of the City of Denton Extraterritorial Jurisdiction (ET J). The Planning and Zoning Commission recommended approval (6-0). (,,103-0002, Village of Carmel Annexation) First reading to voluntarily annex 19.51 acres of land generally located north of Pockrus Page Road, east of Mayhill Road, and south of Edwards Road in the southeastern section of the City of Denton Extraterritorial Jurisdiction (ET J). The Planning and Zoning Commission recommended approval (6-0). (,,103-0003, Flowers Baking Company Annexation) 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance amending a Concept Plan for Planned Development 115 (PD-115) for approximately 9.1 acres. The property was generally located at the southwest corner of US Highway 77 and Bonnie Brae. A church was proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0031, North Lakes Baptist Church) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. New Hope Mission Baptist Church had applied for an amendment to the concept plan in order to develop a church and related facilities. The original concept plan did not include churches within the permitted uses. 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. 2004-084 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 86-101 TO ALLOW CHURCHES AND RELATED FACILITIES AS PERMITTED USES FOR AN APPROXIMATE 9.07 ACRES PORTION OF PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT AND LAND USE CLASSIFICATION; SAID PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF US HIGHWAY 77 NEAR BONNIE BRAE AND IN THE NATHAN WADE SURVEY, ABSTRACT NO. 1407 IN THE CITY OF DENTON, DENTON City of Denton City Council Minutes March 23, 2004 Page 7 COUNTY, TEXAS; PROVIDING FOR A PENALTY iN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0031) McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 21.5 acres from a Regional Center Residential 1 (RCR-1) zoning district to a Regional Center Commercial Neighborhood (RCC-N) zoning district. The property was generally located between Colorado Boulevard and Rails to Trails Reservation approximately 825 feet east of Brinker Road. Medical offices were proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0036, Denton Regional Med. Center Phase 3) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. She indicated that both staff and the Planning and Zoning Commission had recommended approval. The rezoning was to accommodate 10,000 square foot office buildings that were not allowed in the lower zoning category. The Mayor opened the public hearing. The following individual spoke during the public hearing: John Wier, Wier and Associates. representing the petitioner- favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-085 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 21.5 ACRES OF LAND GENERALLY LOCATED BETWEEN COLORADO BOULEVARD AND RAILS TO TRAILS RESERVATION APPROXIMATELY 825 FEET EAST OF BRINKER ROAD AND LEGALLY DESCRIBED AS TRACT 9 OF THE D. HOUGH SURVEY, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0036) Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes March 23, 2004 Page 8 C. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit for a gas well site. The approximately 3 acre property was in a Neighborhood Residential 3 (NR-3) zoning district and was generally located approximately 900 feet west of Teasley Lane, on the west side of Helm Lane. The Planning and Zoning Commission recommended approval with conditions (6-0). (Z03-003 7, Kozura -Mohan) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. The specific use permit was required due to the proposed location of the well in a neighborhood. All of the conditions needed to approve a specific use permit had been met. The Mayor opened the public hearing. The following individual spoke during the public hearing: Bill Coleman, Coleman and Associates - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-086 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 3 ACRES OF LAND GENERALLY LOCATED ADJACENT TO THE WEST SIDE OF HELM LANE APPROXIMATELY 900 FEET WEST OF TEASLEY LANE, WITHIN A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z03-0037) Burroughs motioned, McNeill seconded to adopt the ordinance with the conditions recommended by the Planning and Zoning Commission. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 4 acres from a Regional Center Commercial Neighborhood (RCC-N) zoning district to Regional Center Commercial Downtown (RCC-D) zoning district. The property was located approximately 900 feet south of Pockrus Page Road, on the northeast side of Interstate-35 East. The Planning and Zoning Commission recommended approval (7-0). (Z04-O001, Explore USA) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. Mobile home sales were proposed for the property. The RCC-N zoning category did not allow for mobile home sales thus the request for the RCC-D zoning district. The Mayor opened the public hearing. City of Denton City Council Minutes March 23, 2004 Page 9 The following individual spoke during the public hearing: Scott Chaney, ExploreUSA - favor The Mayor closed the public hearing. Council discussion of the proposal included: · While there were no special corridor standards, there were many similar businesses already along I35. · The request was not a determination of what would go on the property - it was for the zoning use. · Surrounding zoning was the same as the requested zoning. · The Planning and Zoning Commission had unanimously approved the request. The following ordinance was considered: NO. 2004-087 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 4 ACRES OF LAND LOCATED APPROXIMATELY 900 FEET EAST OF POCKRUS PAGE ROAD, ON THE NORTH SIDE OF INTERSTATE-35 EAST IN GIDEON WALKER SURVEY, ABSTRACT NO. 1330 OF THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0001) McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "nay". Motion carried with a 6-1 vote. E. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 7.9 acres from Regional Center Residential 1 (RCR-1) zoning district to Regional Center Commercial Downtown (RCC-D) zoning district. The property was located approximately 450 feet northwest of Shady Shores Road, on the northeast side of Interstate-35 East. Applicant proposed a medical center and retail uses. The Planning and Zoning Commission recommended approval (7-0). (Z04-0003, Fletcher Medical Offices) Larry Reichhart, Assistant Director of Planning and Development, presented the details of the proposal. Medical office and retail uses were proposed. No opposition had been received regarding the proposal. The Mayor opened the public hearing. City of Denton City Council Minutes March 23, 2004 Page 10 The following individual spoke during the public hearing: Greg Mitchell, Mitchell Planning Group, representing the petitioner - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-088 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 7.9 ACRES OF LAND LOCATED APPROXIMATELY 450 FEET NORTHWEST OF SHADY SHORES ROAD, ON THE NORTHEAST SIDE OF INTERSTATE-35 EAST IN GIDEON WALKER SURVEY, ABSTRACT NO. 1330 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0003) Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. F. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 7.9 acres from a Downtown Residential 2 (DR-2) zoning district to a Downtown Commercial General (DC-G) zoning district. The site was generally located adjacent to the north side of 1-35E, approximately 230 feet west of Centre Place Boulevard. A movie theatre was proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0040, Premier Cinema~) Larry Reichhart, Assistant Director of Planning and Development, presented the details of the proposal. He stated that a movie theater was proposed. No opposition had been received regarding the proposed use. The Mayor opened the public hearing. The following individual spoke during the public hearing: Alan Bucell, representing the petitioner - favor The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes March 23, 2004 Page 11 NO. 2004-089 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 2 (DR-2) TO DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR APPROXIMATELY 7.9 ACRES OF LAND GENERALLY LOCATED ALONG THE WEST SIDE OF CENTRE PLACE BOULEVARD NORTH OF INTERSTATE 35 EAST AND LEGALLY DESCRIBED AS TRACT 311 OF THE A. HILL SURVEY AND LOTS 10 AND 11 OF THE INMAN ADDITION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ZO3-0040) Montgomery motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. G. The Council held a public hearing and considered adoption of an ordinance concerning a Specific Use Permit (SUP) for a proposed 2,900-seat movie theater on approximately 10.2-acre site. The site was generally located adjacent to the north side of I-35E, approximately 230 feet west of Centre Place Boulevard. The property was currently zoned Downtown Residential 2 (DR-2). A zoning change for a Downtown Commercial General (DC- G) designation had been requested in association with this SUP. A movie theatre was proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0041, Premier Cinema~) Larry Reichhart, Assistant Director for Planning and Development, presented the details of the proposal. This was the specific use permit for the theater. 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. 2004-090 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR MOVIE THEATER ON APPROXIMATELY 10.2 ACRES OF LAND GENERALLY LOCATED ON THE NORTH SIDE OF INTERSTATE 35 EAST APPROXIMATELY 230 FEET WEST OF CENTRE PLACE BOULEVARD, AND LEGALLY DESCRIBED AS TRACTS 311, 334, 335 AND 336 OF THE A. HILL SURVEY AND LOTS 10 AND 11 OF THE 1NMAN ADDITION, WITHIN A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z03-0041) City of Denton City Council Minutes March 23, 2004 Page 12 Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance concerning an Alternative Development Plan for approximately 10.2-acre site currently zoned Downtown Residential 2 (DR-2). A zoning change for a Downtown Commercial General (DC-G) designation had been requested in association with this application. The site was generally located adjacent to the north side of I-35E, approximately 230 feet west of Centre Place Boulevard. A 2,900-seat movie theatre was proposed. The Planning and Zoning Commission recommended approval (7-0). (ADP03-O010, Premier Cinema~) Larry Reichhart, Assistant Director of Planning and Development, stated that the applicant was proposing to vary from the site design standards concerning parking lot design and buffer requirements. The applicant divided the parking lot into separate areas, but each area was still greater than 100 spaces as required by the Development Code. The proposal also included the construction of an open architectural metal fence with gates for fire lanes and pedestrian gates as opposed to the eight-foot masonry wall that was required with the Development Code. The following ordinance was considered: NO. 2004-091 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR THE DENTON STATION THEATER COMPLEX, BEING AN APPROXIMATE 10.25 ACRE SITE LOCATED ALONG THE NORTH SIDE OF INTERSTATE 35 EAST APPROXIMATELY 230 FEET WEST OF CENTRE PLACE BOULEVARD, AND LEGALLY DESCRIBED AS TRACTS 311,334, 335 AND 336 OF THE A. HILL SURVEY AND LOTS 10 AND 11 OF THE 1NMAN ADDITION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0010) Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance concerning an Alternative Development Plan for tree canopy coverage for a warehouse on approximately 9.2 acres located in an Employment Center Industrial (EC-I) zoning district. The property, commonly known as 600 Loop 288, was generally located east of Loop 288, south of Cypress Blvd. and west of Blake Rd. The Planning and Zoning Commission recommended approval (5-2). (ADP04-O002, Russell Newman) City of Denton City Council Minutes March 23, 2004 Page 13 Larry Reichhart, Assistant Director for Planning and Development, presented the details of the proposal. The applicant was proposing an alternative landscape plan with live oaks on the street frontage and in the back loading dock area. The Development Code required a 30% tree canopy coverage for developments in an Employment Center Industrial zoning district with the applicant proposing a 16.8% tree canopy coverage. A landscape plan had been submitted for the proposal. Frank Martino, 4922 Christy Lane, Aubrey, 76227, spoke in favor of the proposal. Council discussion included: · Tree plantings over sewer lines were inappropriate. · The current requirements were too stringent for an industrial area with trees too close to allow for full development. · The difference between the requirements for an employment center and an industrial center. The following ordinance was considered: NO. 2004-092 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 6.3 ACRES OF LAND DESCRIBED AS LOT 1, BLOCK B OF THE RUSSELL-NEWMAN ADDITION WHICH IS GENERALLY LOCATED EAST OF LOOP 288, SOUTH OF CYPRESS BOULEVARD AND WEST OF BLAKE ROAD, COMMONLY KNOWN AS 600 LOOP 288, WITHIN AN EMPLOYMENT CENTER INDUSTRIAL (EC-I) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF REDUCING TREE CANOPY COVERAGE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP04-0002) McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance establishing an economic development program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an economic development program grant agreement with Windjammer, Ltd. regarding the development of approximately 134 acres of land commonly known as Unicorn Lake which is generally located on the west side of 1-35E north of State School Road in the M.E.P. & P.R.R. CO. Survey, Abstract No. 950, in the City of Denton, Denton County Texas; authorizing the expenditure of funds therefore; and providing an effective date. Linda Ratliff, Director of Economic Development, presented the details of the proposal. Windjammer had made a request to establish an economic development program under Chapter City of Denton City Council Minutes March 23, 2004 Page 14 380 of the Texas Local Government Code to stimulate the development of commercial property within the City of Denton. Misty Ventura, Hughes and Luce, spoke in favor of the proposal. The following ordinance was considered: NO. 2004-093 AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH WINDJAMMER, LTD. REGARDING THE DEVELOPMENT OF APPROXIMATELY 134 ACRES OF LAND COMMONLY KNOWN AS UNICORN LAKE WHICH IS GENERALLY LOCATED ON THE WEST SIDE OF 1-35E NORTH OF STATE SCHOOL ROAD IN THE M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 950, IN THE CITY OF DENTON, DENTON COUNTY TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council consider adoption of two ordinances authorizing the City Manager or his designee to execute professional services and high technology procurement agreements with Biodiesel Industries, Inc. for the sale, lease operation and license of biodiesel production facilities and with DTE Biomass Energy, Inc. for the design and development of a landfill gas collection system and digester gas; authorizing the expenditure of funds therefor and providing an effective date (RFP 3111). Charles Fiedler, Director of Engineering, reviewed the details of the proposal with the Council. Council had received an extensive briefing at an earlier work session. These ordinances would provide for a landfill gas collection and treatment system. The contracts with DTW Biomass Energy, Inc. and Biodiesel Industries, Inc. would construct and operate landfill gas and biodiesel facilities located on the city's landfill property. Jake Steward, 1802 Shawnee, 76209, spoke in favor of the proposal. The following ordinances were considered: NO. 2004-094 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EQUIPMENT SALE, LEASE, AND LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND BIODIESEL iNDUSTRIES, INC.; SAID City of Denton City Council Minutes March 23, 2004 Page 15 AGREEMENT BEING FOR PROFESSIONAL SERVICES AND HIGH TECHNOLOGY PROCUREMENT FOR THE DESIGN, DEVELOPMENT, AND OPERATION OF A BIODIESEL PRODUCTION FACILITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE. (RFP3111) NO. 2004-095 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LANDFILL GAS RIGHTS AND COLLECTION FACILITY LEASE AND LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND DTE BIOMASS ENERGY, INC.; SAID AGREEMENT BEING FOR PROFESSIONAL SERVICES AND HIGH TECHNOLOGY PROCUREMENT FOR THE DESIGN, DEVELOPMENT, AND OPERATION OF A LANDFILL GAS COLLECTION FACILITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE. (RFP3111) Burroughs motioned, Montgomery seconded to adopt the ordinances. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council considered approval of a resolution of the City of Denton, Texas urging the Texas Legislature to adopt School Finance Reforms that would not adversely affect city revenues and economic development efforts; and providing an effective date. Mayor Pro Tem Burroughs and Council Member McNeill requested a few minor wording changes for clarification to the resolution. The following resolution was considered: NO. R2004-012 A RESOLUTION OF THE CITY OF DENTON, TEXAS URGING THE TEXAS LEGISLATURE TO ADOPT SCHOOL FINANCE REFORMS THAT WOULD NOT ADVERSELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Kamp seconded to approve the resolution. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. F. The Council considered nominations/appointments to the City's Boards and Commissions. Mayor Brock announced that she had appointed Gilbert Martinez to the Denton Housing Authority. G. New Business City of Denton City Council Minutes March 23, 2004 Page 16 The following items of New Business were suggested by Council Members for future agendas: 1. Mayor Pro Tem Burroughs requested staff investigate revisions to the current landscaping requirements for industrial warehouse zoning categories. 2. Mayor Pro Tem Burroughs suggested modifying the late utility fee to 3% or a minimum of $5 for low use-low income individuals with a sliding scale for higher incomes. 3. Mayor Pro Tem Burroughs suggested providing an optional due date for utility bills or give an additional week before late fees were imposed for those who would qualify for the exception. 4. Council Member Thomson suggested recording excused absences for City Council meetings. 5. Council Member McNeill suggested incorporating a review of the industrial category in the quarterly review of the Code with input from developers. 6. Council Member Redmon suggested an expansion on the location of sidewalks in the Downtown area master plan. H. Items from the City Manager City Manager Conduff did not have any items for Council. I. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. J. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting Items. With no further business, the meeting was adjourned at 8:44 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS