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Minutes October 17, 2000CITY OF DENTON CITY COUNCIL MINUTES October 17, 2000 913 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, October 17, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: Deliberations Regarding Certain Public Power Utilities: Competitive Matters .... Under TEX. GOV'T. CODE Section 551.086.** Bo (1) Received competitive electric and commercial information from Staff, discussed, deliberated, and considered final action and approval of an Agreement by and between the City of Denton and the Denton Garland Greenville Power Pool ("DGG") regarding the acquisition of forty (40) megawatts of electric capacity and energy for the calendar year 2001; and receive competitive electric and commercial information from Staff regarding relevant electric transmission constraints, contingencies, factors, and risks associated with the purchase of such electric capacity and energy. Deliberations Regarding Real Property - Under TEX. GOV'T. CODE Section 551.072. Received information from Staff, discussed, deliberated, considered, and provided Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of real property easement interests, comprising six parcels as follows: 0.544 acre, 0.851 acre, 1.090 acre, 1.045 acre, 0.216 acre, 0.648 acre, all tracts being situated near the intersection of Argyle Lane and Brush Creek Road within the F. Daugherty Survey, Abstract No. 348, in Denton County, Texas; which acquisitions are for a public purpose; (Graveyard Branch Sanitary Sewer Project) Deliberations Regarding Real Property - Under TEX. GOV'T. CODE Section 551.072. Received information from Staff, discussed, deliberated, considered, and provided Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of a 1.44 acre tract being situated near the intersection of Mayhill Road and Edwards within the G. Walker Survey, Abstract No. 1330, in Denton County, Texas; which acquisition is for a public purpose. (Landfill Project) City of Denton City Council Minutes October 17, 2000 Page 2 Do Deliberations Regarding Real Property - Under TEX. GOV'T. CODE Section 551.072. Received information from Staff, discussed, deliberated, considered, and provided Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of real property easement interests, comprising seven parcels as follows: 0.7238 acre, 0.4289 acre, and 0.5653 acre in the D. Lambert Survey, Abstract No. 784 and 1.891 acre, 0.1806 acre, 0.3029 acre, and 0.0526 acre being situated within the G. Walker Survey, Abstract No. 1330, all in Denton County, Texas; which acquisitions are for a public purpose. (Colorado/Mayhill/Edwards Realign Project) E. Consultation with Attorney - Under TEX. GOVT. CODE Section 551.071. Considered and discussed possible settlement of potential litigation concerning two signboards north of the intersection of Loop 288 and Colorado Boulevard, within the right-of-way of the Denton Branch Rail Trail, and consult with attorneys on a matter in which the ethical duties of the attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly require such a consultation to be closed to the public under the circumstances presented. Discussed and considered adoption of an ordinance authorizing settlement of litigation styled City of Denton v. Shady Shores Joint Venture, Cause No. ED-00-00482, pending in the Probate Court of Denton County, Texas, and authorizing execution of a settlement agreement and joint mutual release, as well as an agreed order of dismissal and an agreed judgment, in a form to be approved by the City Attorney or his designate, and authorizing the Mayor or City Manager to execute such documents on the City's behalf. Regular Meeting of the City of Denton City Council on Tuesday, October 17, 2000 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. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes October 17, 2000 Page 3 2. The Council considered approval of the minutes of September 12, September 15, and September 26, 2000. Beasley motioned, Durrance seconded to adopt 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. PROCLAMATIONS/PRESENTATIONS Mayor Brock presented October Yard-of-the-Month Awards to: Lois Murray Frank and Kathy Massey Virgil and Gayle Strange Gables Townhome Ryan and Candice Teichelman Lovie Price LouAnn Bradley Mayor Brock presented the following proclamations a. Troy LaGrone b. Adopt-A-Spot Month/Make A Difference Day c. Undoing Racism Day CITIZEN REPORTS 5. The Council received a report from Danielle Pierce regarding recycling. Ms. Pierce requested that the City reconsider its decision to not recycle plastics. She represented the Sierra Student Coalition at the University of North Texas. Her group had sponsored plastic recycling for a year at a local Denton store but could no longer participate and she requested that the City continue to do so. 6. The Council received a report from Mildred Hawk regarding bridges. Ms. Hawk requested that the City again consider the use of some of the County's historical bridges. 7. The Council received a report from David Evers Tripp regarding McKamy-Evers development on Locust. Ceila Reed spoke for Mr. Tripp. She stated that they were having a problem with their development regarding a drainage problem. It was their position that the property was not in the 100 year flood plain but the City was requesting that the flood plain be determined by them before they could submit their preliminary plat. She requested that the City determine the flood plain or delay that request until the submission of the final plat. She requested that the City help them with this matter. 915 9.1 6 City of Denton City Council Minutes October 17, 2000 Page 4 CONSENT AGENDA Burroughs motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances and resolution. 8. NO. 2000-372 10. 11. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION OF DENTON BRANCH RAIL TRAIL BETWEEN THE CITY OF DENTON AND TEXAS DEPARTMENT OF TRANSPORTATION; PROVIDING FOR THE INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE (ORDINANCE 95-227 - CONSTRUCTION OF DENTON RAIL TRAIL, 20% OF PROJECTED COST ($435,000) $87,000 PLUS PURCHASE ORDER 10492 FOR CHANGE ORDER 1 IN THE AMOUNT OF $70,894.49) NO. 2000-373 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF AMARILLO STREET SIDEWALK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2560 - AMARILLO STREET SIDEWALK AWARDED TO SENECA CONTRACTING, IN THE AMOUNT OF $22,237) NO. 2000-374 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF GRAVEYARD BRANCH INTERCEPTOR SANITARY SEWER MAIN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2571 - GRAVEYARD BRANCH INTERCEPTOR SANITARY SEWER MAIN AWARDED TO S.J. LOUIS CONSTRUCTION OF TEXAS LTD. L.L.P., IN THE AMOUNT OF $2,302,537.22) NO. 2000-375 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2574 - INTERLOCAL AGREEMENT FOR POLICE SEDANS WITH TARRANT COUNTY INTERLOCAL AGREEMENT AWARDED TO FIVE STAR FORD IN THE AMOUNT OF $223,140) City of Denton City Council Minutes October 17, 2000 Page 5 917 12. NO. 2000-376 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS SUPPLIES OR SERVICES NECESSARY FOR THE MAINTENANCE OF SOFTWARE AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION DEPARTMENT OF INFORMATION RESOURCES (DIR); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 10008 TO TEXAS DEPARTMENT OF INFORMATION RESOURCES IN THE AMOUNT OF $39,146.66) 13. NO. 2000-377 AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE PURCHASE OF AN IFRAME HARDWARE COMPONENT AND INTEGRATED SERVEl?,. SOFTWARE SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 10009 TO INTELLIWARE SYSTEMS, INC. IN THE AMOUNT OF $47,832 FOR PAYMENT 1 OF 3 TOTAL EXPENDITURE OF $143,496) 14. NO. 2000-378 AN ORDINANCE PROVIDING OF THE EXPENDITURE OF FUNDS FOR PURCHASE OF MATERIALS, SUPPLIES OR SERVICES FOR THE PURPOSE OF PRESENTING THE SEVEN HABITS OF HIGHLY EFFECTIVE PEOPLE TRAINING WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 10188 TO FRANKLIN COVEY IN THE AMOUNT OF $44,917) 15. NO. 2000-379 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDERS 10189 TO CENTRAL AND SOUTH WEST SERVICES, INC., 10190 TO TXU ELECTRIC-TRANSMISSION DIVISION, 10191 TO LOWER COLORADO RIVER, IN THE TOTAL AMOUNT OF $185,645.75) 16 NO. R2000-055 A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED 9.1 8 City of Deuton City Council Minutes October 17, 2000 Page 6 EARNINGS OF THE MOTOR OBLIGATION FOR PURCHASE EFFECTIVE DATE. POOL FUND WITH CERTIFICATES OF OF EQUIPMENT; AND PROVIDING AN 17. NO. R2000-056 A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT PROJECTS MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. 18. NO. R200-057 A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS SO THAT PROJECTS MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. 19. NO. 2000-380 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DAVID C. MARTINO FOR OFFICE SPACE FOR THE CITY OF DENTON MAIN STREET DEPARTMENT LOCATED AT 100 NORTH LOCUST, SUITE 2; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 20. NO. R2000-058 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 114-116 N. LOCUST/115-117 N. AUSTIN, DENTON, TEXAS, FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE; AND DECLARING AN EFFECTIVE DATE. 21. Adopted an ordinance and approved an Interlocal Ambulance Agreement between the City of Denton and the following cities: A. City of Argyle B. City of Krum C. City of Ponder D. City of Sanger Ordinance No. 2000-381 Ordinance No. 2000-382 Ordinance No. 2000-383 Ordinance No. 2000-384 City of Denton City Council Minutes October 17, 2000 Page 7 22. NO. 2000-385 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION; PROVIDING FOR THE TERMS OF SAID CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TO EXPEND FUNDS WITH RESPECT TO THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 23. NO. 2000-386 AN ORDINANCE APPROVING THE CITY MANAGER TO EXECUTE A FINANCIAL ADVISORY AGREEMENT BETWEEN THE CITY OF DENTON AND FIRST SOUTHWEST COMPANY; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE,; AND PROVIDING FOR AN EFFECTIVE DATE. 24. NO. 2000-387 AN ORDINANCE APPROVING A BOND COUNSEL CONTRACT BETWEEN THE CITY OF DENTON AND MCCALL, PARKHURST & HORTON, L.L.P.; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 25. NO. 2000-388 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT WITH DOGGETT ENTERPRISES, INC. FOR THE DENTON FRIDAY NIGHT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. (PARKS AND RECREATION BOARD RECOMMENDS APPROVAL 6-0.) 26. NO. 2000-389 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF ROANOKE, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 27. NO. 2000-390 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE COOPER CREEK REGIONAL DETENTION POND NO. 1 919 ;9:2i:0 City of Denton City Council Minutes October 17, 2000 Page 8 CONSTRUCTION PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 28. NO. 2000-391 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE, NALL AND PERKINS, INC. FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE PECAN CREEK MASTER PLAN UPDATE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 29. NO. 2O00-392 AN ORDINANCE AUTHORIZING SETTLEMENT OF LITIGATION STYLED CITY OF DENTON V. SHADY SHORES 1-35 JOINT VENTURE, CAUSE NO. ED-00-00482, CURRENTLY PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AND DECLARING AN EFFECTIVE DATE. PUBLIC HEARINGS 30. The Council held a public hearing and considered approving a Zoning Plan at 1207 and 1213 Wilson Street from a Single Family (SF-7) zoning district to a Planned Developmem (PD) zoning district. The 1.8-acre property was generally located on the northwest comer of Wilson and Ruddell Streets. Office uses for several non-profit agencies were proposed. The Planning and Zoning Commission recommended approval (6-1) with conditions. (ZP-00-012, Denton Housing Authority) Doug Powell, Director for Planning and Development, stated that the property was currently vacant and was zoned single family. The proposal was to rezone the property to allow the Denton Housing Authority to build a two story office building for use by several non-profit agencies. The Mayor opened the public hearing. The following individuals spoke Richard Franco, Director of Denton Housing Authority - favor Sherry McDade, Deputy Director of Denton Housing Authority - favor Kenneth Davis, Pastor at St. Andrew Church of God in Christ - favor Martha Guerrara, 304 Mack Drive, Denton, 76205 - favor Collette Johnson, 327 Ruth Street, Denton, 76205 - opposed The Mayor closed the public hearing. City of Denton City Council Minutes October 17, 2000 Page 9 92 1 The following ordinance was considered: NO. 2000~393 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR 1.8 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7) ZONING DISTRICT; TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR OFFICE USES; THE SUBJECT PROPERTY BEING LOCATED AT THE NORTHWEST CORNER OF RUDDELL STREET AND WILSON 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-00-012) Young 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. ITEMS FOR INDIVIDUAL CONSIDERATION 31. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an electric distribution system maintenance and operation agreement by and between the City of Denton, Texas and the City of Sanger, Texas, wherein Denton Municipal Electric shall provide services to the City of Sanger relating to the maintenance and operation of its electric distribution system; providing for the expenditure of funds thereunder; providing for retroactive effect of the agreement; and providing an effective date. The following ordinance was considered: NO. 2000-394 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ELECTRIC DISTRIBUTION SYSTEM MAINTENANCE AND OPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF SANGER, TEXAS, WHEREIN DENTON MUNICIPAL ELECTRIC SHALL PROVIDE SERVICES TO THE CITY OF SANGER RELATING TO THE MAINTENANCE AND OPERATION OF ITS ELECTRIC DISTRIBUTION SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREUNDER; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley 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. Council considered Items #32-41 with one motion. 9 2,2 City of Denton City Council Minutes October 17, 2000 Page 10 Kristoferson motioned, Durrance seconded to adopt the ordinances for Items #32-41. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 32. NO. 2000-395 AN ORDINANCE OF THE CITY OF DENTON APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND WARREN A. SEARLS AND BARBARA SEARLS FOR THE PURCHASE OF A PARCEL OR TRACT OF LAND CONTAINING APPROXIMATELY 0.008 ACRE OR 359 SQUARE FEET OF LAND SITUATED IN THE N. H. MEISENHEIMER SURVEY, ABSTRACT 811 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, FOR USE AS STREET RIGHT- OF-WAY FOR U.S. HIGHWAY 77, WITH FEE SIMPLE TITLE VESTING IN THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 33. NO. 2000-396 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND W. H. BOTTOMS, RELATING TO THE PURCHASE OF APPROXIMATELY 0.046 ACRE OF LAND BEING LOCATED IN THE N. H. MEISENHEIMER SURVEY, ABSTRACT NO. 810 OF DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 34. NO. 2000-397 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ORAN REAVES, JR. AND RITA REAVES, RELATING TO THE PURCHASE OF APPROXIMATELY 0.010 ACRE OF LAND BEING LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 OF DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 35. NO. 2000-398 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.144 ACRE OR 6,253 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER City of Denton City Council Minutes October 17, 2000 Page 11 TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCtt OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 16) 36. NO. 2000-399 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.103 ACRE OR 4,473 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAIl) PROPERTY BEING LOCATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIP4E THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. 37. NO. 2000-400 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.026 ACRE OR 1,141 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 810 IN THE CITY OF DENTON, DENTON COUNTY TEXAS; AND AN APPROXIMATE 0.056 ACRE OR 2,425 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN N. H. MEISENHEIMER SURVEY, ABSTRACT NO. 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSEr), AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 31) 923 924 City of Denton City Council Minutes October 17, 2000 Page 12 38. 39. 40. NO. 2000-401 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.055 ACRE OR 2,413 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE 1N THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AND AN APPROXIMATE 0.0414 ACRE OR 1,803 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN N. H. MEISENHEIMER SURVEY, ABSTRACT NO. 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 27) NO. 2000-402 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.421 ACRE OR 18,331 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AND AN APPROXIMATE 0.1717 ACRE OR 7,479 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 36) NO. 2000-403 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.574 ACRE OR 25,020 SQUARE FEET City of Denton City Council Minutes October 17, 2000 Page 13 TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAIl) PROPERTY BEING LOCATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 8t0 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRIi THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; AND DECLARING AN EFFECTIVE DATE. (PARCEL 15) 41. NO. 2000-404 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CLYDE MILTON MARTIN, RELATING TO THE PURCHASE OF APPROXIMATELY 0.360 ACRE OF LAND BEING LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186 OF DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 42. The Council considered waiving the fees for Denton Housing Authority for a Zoning Plan, Project Plan, Preliminary Plat, and Final Plat for proposed development at 1207 and 1213 Wilson Street. The 1.8-acre property was generally located on the northwest comer of Wilson and Ruddell Streets. The property was currently zoned SF-7. Office uses for several non-profit agencies were proposed. Cochran motioned, Young seconded to grant a waiver of the fees. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 43. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-69, for a 4.1-acre property located at the southwest comer of Southridge and Interstate 35E. The property was in an Office (O) zoning district. A specific use permit to allow remote off-street parking on the site was proposed. (RN-O0-28, Peterbilt Expansion ProjecO Beasley motioned, Young seconded to grant the request for relief. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 44. The Council was to consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effectiw~ date. 925 This item was not considered. 926 City of Denton City Council Minutes October 17, 2000 Page 14 45. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Cochran nominated Bullitt Lowry to the Public Utilities Board. Burroughs motioned, Young seconded to suspend the Council's rules and vote on the nomination at this meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young "aye", and Mayor Brock"aye". Motion passed unanimously. Cochran motioned, Young seconded to appoint Mr. Lowry to the Public Utilities Board. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion passed unanimously. 46. New Business The following items of New Business were suggested by Council Members for future agendas: Council Member Cochran suggested a work session item concerning the decrease in appraisal value of large pieces of commercial property in the City. of Denton. Council Member Kristoferson suggested including the properties that were listed on the contested roles. 47. Items from the City Manager Mr. Jez did not have any items for Council. 48. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 49. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Following completion of the Regular Meeting, the Council convened into a Work Session. 1. The Council received a report, held a discussion, and gave staff direction regarding the draft Development Code. Doug Powell, Director of Planning and Development, stated that at the October 10, 2000 meeting, Council instructed staff to schedule an additional meetings to discuss outstanding issues. Council Member Cochran had submitted a list of changes and issues for Council consideration. Council reviewed the various sections of the Code and made suggestions for changes. City of Denton City Council Minutes October 17, 2000 Page 15 With no further business, the meeting was adjourned. CITY OF DENTON, TEXAS EULINE BROCK, MAYOR CITY OF DENTON, TEXAS 927