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Minutes November 28, 2000CITY OF DENTON CITY COUNCIL MINUTES November 28, 2000 955 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, November 28, 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. Closed Session: Deliberations Regarding Certain Public Power Utilities: Competitive Matters - --Under TEX. GOV'T Code Section 551.086.** Deliberations Concerning Real Property --- Under TEX. GOV'T. CODE Section 551.072. Consultation With Attorney ---Under TEX.GOV'T. CODE Section 551.071 (i) Received confidential competitive electric utility information from Staff, discussed, deliberated, considered, provided Staff with direction, voted, and took action as necessary respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility systems, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City's electric generation assets. Conduct a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the a~tomey's duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. 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 within the F. Daugherty Survey, Abstract No. 348, in Denton County, Texas; which acquisitions are for a public purpose; (Graveyard Branch Sanitary Sewer Project) 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 being 0.4626 acre of land located in the Hiram Sisco Survey, Abstract No.1184, City of Denton, Denton County, Texas; which acquisition is for a public purpose. 956 City of Demon City Council Minutes November 28, 2000 Page 2 Do 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 being 0.2927 acre of land located in the Hiram Sisco Survey, Abstract No. I 184, City of Denton, Denton County, Texas; which acquisition is for a public purpose. Regular Meeting of the City of Denton City Council on Tuesday, November 28, 2000 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. PROCLAMATIONS/PRESENTATIONS The Mayor presented the American Planning Association - Texas Chapter Planning awards. a) b) Comprehensive Planning Awards - The Denton Plan Current Planning Award - Visual Preference Survey 3. The Mayor presented the Texas Municipal League Excellence Awards. a) b) Communications - Visual Preference Survey Public Safety -Victim's Assistance Program 4. Mayor Brock presented Yard of the Month Awards to: Cybil and Gene Gordon Randy and Denise Estep Jim and Joyce White Kathy, Leslie and Walter Hartman Mrs. Claudia Moncrief Christa and Elama Orosco and Family Taco Bell - West University CONSENT AGENDA Item #23 was pulled from consideration. Mayor Brock requested that Item #26 be pulled and rescheduled as an Item for Individual Consideration at a future meeting. City of Denton City Council Minutes November 28, 2000 Page 3 Burroughs motioned, Cochran seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items #23 and #26. On roll vote, Beasley"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 5. NO. 2000-421 957 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF PAVING, DRAINAGE AND WATER DISTRIBUTION SYSTEM IMPROVEMENTS ON BRINKER ROAD; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2577 - BRINKER ROAD PAVING, DRAINAGE AND WATER SYSTEM IMPROVEMENTS AWARDED TO CONASTER CONSTRUCTION INC. IN THE AMOUNT OF $959,931.50). NO. 2000-422 AN ORDINANCE PROVIDING FOR EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (PO 10775-DARR EQUIPMENT CO., IN THE AMOUNT OF $44,211.11). NO. 2000-423 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF 3/8" DOWN ROCK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PO 10778 - MARTIN MARIETTA FOR 3/8" DOWN ROCK IN THE AMOUNT OF $24,963.00). NO. 2000-424 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO THE CONTRACT BETWEEN THE CITY OF DENTON AND DENTON AREA TEACHERS CREDIT UNION; PROVIDING FOR THE INCREASE IN THE CONTRACT TERM AND AN INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE (ORDINANCE 98-388 LEASE OF OFFICE SPACE FOR FIRE ADMINISTRATION IN THE AMOUNT OF $36,000 PLUS CHANGE ORDER 1 IN THE AMOUNT OF $18,000 PLUS CHANGE ORDER 2 IN THE AMOUNT OF $18,000, CHANGE ORDER 3 PURCHASE ORDER 10777 IN THE AMOUNT OF $43,300.00). 958 City of Denton City Council Minutes November 28, 2000 Page 4 NO. 2000-425 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE LEASE OF A MODULAR OFFICE BUILDING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2587 - LEASE OF MODULAR BUILDING TO G.E. MODULAR SPACE IN THE AMOUNT OF $35,462.00 FOR 36 MONTHS). 10. NO. 2000-426 AN ORDINANCE ACCEPTING PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF CARDIAC MONITOR / DEFIBRILLATORS WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PO 10762 TO MEDTRONICS / PHYSIO CONTROL IN THE AMOUNT OF $69,616.50). 11. NO. 2000-427 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF EQUIPMENT USED IN EXPLOSIVE DEVICE INCIDENTS WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PO 10771 TO MED ENGINEERING SYSTEM, INC., IN THE AMOUNT OF $15,032.00). 12. NO. 2000-428 AN ORDINANCE AMENDING ORDINANCE NO. 2000-049 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; RENAMING CERTAIN POSITIONS IN THE CLASSIFICATION OF "BATTALION CHIEF" FOR FIREFIGHTERS AND CREATING NEW CLASSIFICATIONS BY DELETION AND RECLASSIFICATIONS; PRESCRIBING THE NUMBER OF POSITION IN EACH CLASSIFICATION OF FIREFIGHTER; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING THE EFFECTIVE DATE OF OCTOBER 1, 2000. 13. NO. 2000-429 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION OF BATTALION CHIEF-EMERGENCY MEDICAL SERVICES MANAGER, BATTALION CHIEF-INFORMATION SERVICES MANAGER, AND CAPTAIN-LOGISTICS/MAINTENANCE WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS ON A FORTY-HOUR WORK WEEK IN THE FIRE DEPARTMENT AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes November 28, 2000 Page 5 14. NO. 2000-430 9,5 9 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS OF FIELD TRAINING OFFICER IN THE FIRE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. 15. NO. 2000-431 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 16. NO. R2000-059 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE DONATION OF BODY ARMOR WHICH NO LONGER HAS VALUE TO THE CITY OF DENTON TO NORTH CENTRAL TEXAS COLLEGE AND TO THE ROTARY CLUB OF DENTON; AND PROVIDING AN EFFECTIVE DATE. 17. NO. 2000-432 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTRY CLUB, FORMERLY KNOWN AS THE NEW DENTON COUNTRY CLUB, RELATING TO THE PURCHASE OF A PUBLIC UTILITY EASEMENT, SANITARY SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS IN THE F. DAUGHERTY SURVEY, ABSTRACT NUMBER 348 AND THE G. DAUGHERTY SURVEY, ABSTRACT NUMBER 351, DENTON COUNTY, TEXAS AND OTHER CONSIDERATIONS REGARDING THE PENDING GRAVEYARD BRANCH SANITARY SEWER PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 18. NO. 2000-433 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND FRANCILLE PHILLIPS AND ALBERT PEREZ, RELATING TO THE PURCHASE OF 0.4626 ACRE OF LAND LOCATED IN THE HIRAM SISCO 320 ACRE SURVEY, ABSTRACT NO. 1184, FOR USE BY THE POLICE DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 19. NO. 2000-434 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ROBERT H. CALDWELL, III, ELLEN E. CALDWELL, LAURA C. CALDWELL AND JAMES H. CALDWELL, RELATING TO THE 960 City of Denton City Council Minutes November 28, 2000 Page 6 PURCHASE OF 0.2927 ACRE OF LAND LOCATED IN THE HIRAM SISCO 320 ACRE SURVEY, ABSTRACT NO. 1184, FOR USE BY THE POLICE DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 20. NO. 2000-435 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.046 ACRE OR 2,009 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 1N 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 ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U.S. HIGHWAY 77; RESCINDING THAT CERTAIN REAL ESTATE CONTRACT DATED OCTOBER 17, 2000 BETWEEN THE CITY OF DENTON AND W. H. BOTTOMS PERTAINING TO THE SUBJECT PROPERTY; DECLARING AN EFFECTIVE DATE. (PARCEL 20) 21. NO. 2000-436 AN ORDINANCE AMENDING CHAPTER 22 "PARKS AND RECREATION" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTION 22-1 TO CHANGE NAME OF BOARD TO PARKS, RECREATION, AND BEAUTIFICATION BOARD; ADDING TO SECTION 22-4, CODE OF ORDINANCE, "DUTIES" TO INCLUDE THAT THE BOARD SHALL HAVE THE DUTY TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL AND THE PARKS AND RECREATION DIRECTOR REGARDING POLICY MATTERS RELATED TO COMMUNITY APPEARANCE, BEAUTIFICATION AND THE CITY'S ENVIRONMENT; ADDING SECTION 22-5, PROVIDING FOR THE TEMPORARY APPOINTMENT OF TWO ADDITIONAL MEMBERS TO THE BOARD WITH BEAUTIFICATION EXPERIENCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 22. NO. 2000-437 AN ORDINANCE REPEALING ORDINANCE NO. 93-093 IN ORDER TO DISSOLVE THE "KEEP DENTON BEAUTIFUL BOARD"; AMENDING CHAPTER 2 "ADMINISTRATION" ARTICLE VII, "DENTON CODE OF ORDINANCES", CITY OF DENTON, TEXAS PROVIDING THAT "KEEP DENTON BEAUTIFUL, INC." IS DESIGNATED AS THE APPROPRIATE AGENCY TO IMPLEMENT THE "TREE City of Denton City Council Minutes November 28, 2000 Page 7 CITY USA" PROGRAM; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 23. This item was pulled from consideration. 24. This item was pulled from consideration. 25. NO. 2000-438 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING NO PARKING ON THE NORTH SIDE OF PRAIRIE STREET FROM ITS INTERSECTION WITH BONNIE BRAE EAST ONE HUNDRED AND EIGHTY FEET; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. 26. This item was not considered. PUBLIC HEARINGS 27. The Council held a public hearing and considered an ordinance amending Chapter 33 of the Code of Ordinances, City of Denton, Texas, amending Signs and Advertising Devices to allow sandwich board signs in the Central Business District and adding the definition and standards for sandwich board signs. The Planning and Zoning Commission recommended approval (6-0) with conditions. (SI-00-20, Sign Ordinance) Doug Powell, Director of Planning and Development, stated that the ordinance would allow sandwich board signs in the Central Business District and could only be used in areas with sidewalks that were 12 feet wide. The Mayor opened the l~ublic heating. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-439 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES, CITY OF DENTON, TEXAS; AMENDING SEC. 33-2, PROVIDING FOR DEFINITION OF SANDWICH BOARD SIGN; AMENDING SECTION 33-4, PROVIDING FOR THE ALLOWANCE OF SANDWICH BOARD SIGNS IN THE CENTRAL BUSINESS DISTRICT; AMENDING SEC. 33-184, PROVIDING FOR THE STANDARDS FOR SANDWICH BOARD SIGNS; PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. 961 9 6 2 City of Denton City Council Minutes November 28, 2000 Page 8 Cochran motioned, Beasley seconded to adopt the ordinance with a wording change in Item 3D 11 to state "shall" instead of"may". It was also infommlly recommended to have a review in a year to see how the ordinance was working. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 28. The Council held a public hearing and considered amending the City of Denton Mobility Plan-Roadway Component, for State School Road Connector. Dave Solman, Engineering Administrator, stated that the specific area of consideration was around Wind River Lane. It was recommended to build a collector street between State School Road and Wind River Lane plus a street connecting Sundown Ranch with the new collector street. The developer in the area agreed to develop a portion of the collector street when the property was developed. The State School did not have an opinion on the street and the City would have to build the other portion of the street in a future CIP. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Young motioned, Burroughs seconded to adopt the ordinance. Mayor Pro Tem Beasley suggested a friendly amendment to add a condition that environmentally sensitive areas would be preserved with this alignment. Burroughs motioned, Durrance seconded to reopen the public hearing. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. Burroughs motioned, Young seconded to continue the public hearing until the December 12th meeting and have staff notify the State School of that meeting. 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 29. The Council considered adoption of the first reading of an ordinance to involuntarily annex approximately 1,161 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ET J), for the following tracts: Tract Itl; approximately 504 acrc~ of land located in thc southwestern side of the City of Denton's extraterritorial jurisdiction west of U.S. Highway 377, south of Allred and north and south of Johnson Lane. 963 City of Denton City Council Minutes November 28, 2000 Page 9 Tract #2: approximately 655 acres of land located in the southwestern side of the City of Denton's extraterritorial jurisdiction east of Interstate Highway 35 West and west of the Kansas City Southern Railway Company, extending south along Bonnie Brae approximately 6,400 feet north of intersection of U.S. Highway 377. Tract #3: approximately 1.7 acres of land located northeast of the intersection of Corbin and Bonnie Brae Dave Hill, Assistant City Manager for Development, stated that this was the first reading of the ordinance for annexation. Tract 1 contained 504 acres, Tract 2 contained approximately 653 acres and Tract 3 had 1.7 acres. Tract 1 was subject to deletion pending continuing work to reach agreement with the property owners regarding non-development of the area. That tract could be deleted at the time of the second reading. Mets and botmds could be changed at that time if the property was deleted at the time of the second reading. The following individuals spoke regarding the issue: Patricia Brown, 4300 Johnson Lane, Argyle, 76226 - opposed Peggy Smith Bassham, 5094 Johnson Lane, Argyle, 76226 - opposed Tom Holaman, 3246 South Bonnie Brae, Denton, 76207 - opposed Charles Hackett, 6900 Country Club Road, Argyle, 76226 - opposed M. C. Burch, 7030 Country Club Road, Denton, 76210 - opposed E. D. Calvert, Rt. 6, Box 114, Denton, 76210 - opposed Richard Burch, 2601 Buckingham Drive, Denton, 76209 - opposed Mont Wilkes, 141 Springfield Lane, Argyle, 76226 - opposed The following individuals submitted Speaker Cards: Millard Smith, 1996 Huling Road, Sanger, 76266 - opposed Walter and Betty Leatherwood, 1188 Hickory Creek Road, Denton, 76210 - opposed Tommy Calvert, 5299 Settlers Creek Road, Denton, 76210 - opposed Nelda Burch Hackett, P.O. Box 998, Argyle, 76226 - opposed Burroughs motioned, Beasley seconded to approve the first reading of the annexation ordinance with the mets and bounds as distributed to be part of ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Brock"aye". Motion carried with a 6-1 vote. 30. The Council considered adoption of the first reading of an ordinance to involuntarily annex approximately 1,104 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts: Tract #1: approximately 1,100 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction east of U.S. Highway 377, south of Regency Court on each side of Country Club Road, west of Montecito along Ryan Road and mostly north of Brush Creed Road. 964 City of Denton City Council Minutes November 28, 2000 Page 10 Tract//2: approximately 3.6 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction west of Montecito, south of E1 Pasco and east of Santa Monica. Dave Hill, Assistant City Manager for Development Services, presented a corrected mets and bounds document for Council consideration. Tract 1 was 920.1 acres; and Tract 2 was 3.6 acres. Some tracts could still be considered for removal if agreements were reached to restrict development in those areas. The following individuals spoke on the issue: Charles Hackett, Box 998, Argyle, 76226- opposed M. C. Burch, 7030 Country Club Road, Denton, 76210 - opposed Richard Burch, 2601 Buckingham Drive, Denton, 76209- opposed Bob Heilic, 3855 Leisure Lane, Denton, 76210 - opposed The following Speaker Cards were submitted: Tommy Calvert, 5299 Settlers Creek Road, Denton, 76210 - opposed Nelda Burch Hackett, P.O. Box 998, Argyle, 76226 - opposed Janelle Burch, 2601 Buckingham Drive, Denton, 76209 - opposed Burroughs motioned, Beasley seconded to approve the first reading of the ordinance with the mets and bounds as provided. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young "nay", and Mayor Brock "aye". Motion carried with a 6-1 vote. Mayor Brock left the meeting. 31. The Council considered approval of a resolution approving the Sirius Enterprises Addition Project Plan. The 1.9247 acre property was located on the north side of Mingo Road between Loop 288 and Fish Trap Road on Sirius Drive. Light industrial development was proposed. (SP00-104, Sirius Enterprises facility). Doug Powell, Director of Planning and Development, stated that this site was located on the north side of Mingo Road. The owners of the property had subdivided the property into three parcels. The Project Plan, with the conditions suggested by the Planning and Zoning Commission, met the requirements of the nonresidential interim regulation. Kent Bell spoke in favor of the project plan. The following resolution was considered: NO. R2000-060 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR SIRIUS ENTERPRISES FACILITY, BEING AN APPROXIMATE 1.9247 ACRE SITE LOCATED ON THE NORTH SIDE City of Denton City Council Minutes November 28, 2000 Page 11 OF MINGO ROAD BETWEEN LOOP 288 AND FISH TRAP ROAD ON SIRIUS DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. (SP-00-014, SIRIUS ENTERPRISES FACILITY) Young motioned, Burroughs seconded to approve the resolution with an added condition that 75% of the west elevation of the building would be masonry. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"nay", and Young "aye". Motion carried with a 5-1 vote. 32. The Council considered adoption an ordinance to annex an approximately 37.8 acre tract of land located southeast of the comer of Teasley Lane and Hickory Creek Road in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. Second reading of ordinance. (A-100, Forester Tract) Doug Powell, Director of Planning and Development, stated that this was a voluntary annexation and the final reading of the ordinance to annex. The following ordinance was considered: NO. 2000-440 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 37.8 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTHEAST OF THE CORNER OF TEASLEY LANE AND HICKORY CREEK ROAD IN THE B. MERCHANT SURVEY, ABSTRACT NO. 800, DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A-100) Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carried unanimously. 33. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law offices of Jim Boyle, PLLC for services pertaining to lobbying activity and legislative matters related to Denton Municipal Utilities for the temx of the 77th Texas legislature; authorizing the expenditure of funds therefor, and providing an effective date. The following ordinance was considered: NO. 2000-441 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC FOR SERVICES PERTAINING TO LOBBYING ACTIVITY AND LEGISLATIVE MATTERS 965 9.6 6 City of Denton City Council Minutes November 28, 2000 Page 12 RELATED TO DENTON MUNICIPAL UTILITIES FOR THE TERM OF THE 77TM TEXAS LEGISLATURE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carded unanimously. 34. The Council considered approval of a resolution of the City Council of the City of Denton, Texas, supporting the Dallas 2012 Bid Committee in its efforts to secure the 2012 Olympic Games, and declaring an effective date. The following resolution was considered: NO. R2000-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE DALLAS 2012 BID COMMITTEE IN ITS EFFORTS TO SECURE THE 2012 OLYMPIC GAMES; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carried with a 5-1 vote. 35. The Council considered and took action on a request from the Residential Interim Regulations, Ordinance 2000-046, for an approximate 3.4-acre property located at the southwest comer of Ryan Road and Montecito Drive. The property was in a Planned Development (PD- 22) zoning district. A Detailed Plan for duplex apartments for Good Samaritan Village was proposed. (RR-00-109, Good Samaritan) Julie Marko spoke in favor of the request. Kristoferson motioned, Young seconded to approve the request. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye". Motion carded unanimously. 36. New Business There were no items of New Business suggested by Council Members for future agendas. 37. Items from the City Manager City Manager Jez did not have any items for Council. 38. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes November 28, 2000 Page 13 39. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 10:00 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS 967 iyiFE~ WALTERS SECRETARY CITY OF DENTON, TEXAS