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Minutes January 02, 20019 88 CITY OF DENTON CITY COUNCIL MINUTES January 2, 2001 After detemdning that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, January 2, 2001 at 5:15 p. m. in'the City of Denton Council Work Session Room, Denton City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, and Durrance. ABSENT: Council Members Kristoferson and Young 1. The Council considered the following in Closed Meeting: mo Consultation with the City Attorney --- Under TEXAS GOVERNMENT CODE Section 551.071 (1) Received legal advise from the City Attorney or his staff conceming legal issues regarding obligations and potential modifications of, and threatened litigation over, an Annexation Agreement between the City and Violet Properties Associates (successor being Wynne/Jackson) in August of 1999, pertaining to the construction of the Highway 377 Water Transmission Line and the Graveyard Branch Intemeptor Sewer Line. Regular Meeting of the City of Denton City Council on Tuesday, January 2, 2001 at 6:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council received a Recycling Resolution from Keep Denton Beautiful. Jan Dixon presented the resolution regarding curbside recycling from Keep Denton Beautiful for Council consideration. The following individuals submitted Speaker Cards: Janay Tieken, 2400 Natchez Trace, Denton, 76210 - favor Ken Dixon, 8065 Zackery Road, Aubrey, 76227 - favor Beth Clark, 2437 Kayewood, Denton, 76209 - favor Carola Hendrick, 832 Skylark, Denton, 76205 - favor Margaret Woodcock, 300 Plum Hollow, Denton, 76207 - favor Sherrill Cambell, 3820 Redstone, Denton, 76209 - favor Jean Greenlaw, 2600 Sheraton Road, Denton, 76203 - favor Delores Olmon, 4401 E. University, Denton, 76208 - favor Don Smith, 2107 Emerson, Denton, 76209 - favor E./Parks Olmon, 4401 E. University, Denton, 76208 - favor City of Denton City Council Minutes January 2, 2001 Page 2 CITIZEN REPORTS 3. Peter Martin regarding recycling. Mr. Martin stated that he was in favor of curbside recycling. He encouraged the City to work towards city-wide curbside recycling. 4. Victoria Lee regarding recycling. Ms. Lee stated Denton should have curbside recycling as soon as possible. She suggested the program "Pay as You Throw" that charges residents by the amount of trash that is collected at a residence. 5. Mike McMillen regarding recycling. Mr. McMillen stated that he was dedicated to recycling but was dismayed that there was no place to recycle plastic and glass. 6. Tom Kay regarding City of Denton dump fees. Mr. Kay was not present at the meeting. 7. Danielle Pierce regarding solid waste management and Denton's future. Ms. Pierce stated that the Sierra Student Coalition of UNT supported the resolution presented by Keep Denton Beautiful. 8. Eva Cadwallader regarding recycling. Dr. Cadwallader felt that there were many citizens were in favor of curbside recycling and she encouraged the Council to consider such a program.. 9. Mike Mizell regarding recycling. Mr. Mizell was not present. 10. Martha Lynn Nelson regarding recycling. Ms. Nelson was not present at the meeting. CONSENT AGENDA Burroughs motioned, Durrance seconded to approve the Consent Agenda and the accompanying ordinances and resolutions. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance"aye", and Mayor Brock "aye". Motion carried unanimously. 989 990 City of Denton City Council Minutes January 2, 2001 Page 3 11. 12. 13. 14. 15. NO. 2001-01 AN ORDINANCE APPROVING AMENDMENT NUMBER ONE TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON COUNTY HISTORICAL COMMISSION; AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. NO. 2001-02 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO PROVIDE INTERLIBRARY LOAN SERVICES TO MULTITYPE LIBRARIES IN TEXAS; AND PROVIDING AN EFFECTIVE DATE. NO. 2001-03 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY, REGION VI ("FEMA"), TO PROVIDE FOR AN ALTERNATE CONTINUITY OF OPERATIONS FACILITY AT NORTH LAKES PARK AND RECREATION CENTER IN THE EVENT THAT FEMA'S PERMANENT FACILITY IS UNAVAILABLE IN AN EMERGENCY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 'NO. 2001-04 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PIPELINE CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR A SANITARY SEWER LINE AT MILE POST 725.98, CHOCTAW SUBDIVISION, TOWN OF ARGYLE, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. NO. 2001-05 AN ORDINANCE OF THE CITY OF DENTON APPROVING AN ENCROACHMENT ON EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE TXU ELECTRIC COMPANY, SUCCESSOR TO THE TEXAS POWER & LIGHT COMPANY, ("TXU ELECTRIC") RELATING TO THE LOCATION OF A CITY WATER PIPELINE WITHIN A TXU ELECTRIC UTILITY EASEMENT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED IN VOLUME 560, PAGE 602 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS NEAR WHERE SAID EASEMENT INTERSECTS WITH U.S. HIGHWAY 377 WITHIN THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes January 2, 2001 Page 4 16. NO. R2001-01 A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE PRESERVE AT PECAN CREEK, LTD.; AND DECLARING AN EFFECTIVE DATE. 17. NO. 2001-06 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2576 -UNDERWOOD PHASE II SANITARY SEWER LINES AWARDED TO ZEISS UTILITIES, INC., IN THE AMOUNT OF $238,092.20). 18. NO. 2001-07 AN ORDINANCE CONTRACT FOR TRANSFORMERS; SPECIFICATIONS; THEREFORE; AND APPROVING A SECOND AWARD ON AN ANNUAL THE PURCHASE OF TWO ADDITIONAL POWER REJECTION OF CERTAIN BIDS NOT MEETING PROVIDING FOR THE EXPENDITURE OF FUNDS PROVIDING AN EFFECTIVE DATE. (BID 2557-POWER TRANSFORMERS AWARDED TO WAUKESHA ELECTRIC SYSTEMS IN THE AMOUNT OF $466,200 EACH OR $932,400 FOR TWO, PLUS PRIMARY WINDING OPTIONS OF $15,000.00 EACH FOR A TOTAL AWARD OF $962,400). 19. NO. 2001-08 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR DISTRIBUTION TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2581 - ANNUAL PRICE AGREEMENT FOR DISTRIBUTION TRANSFORMERS AWARDED TO THE LOWEST RESPONSIBLE BIDDER IN THE ESTIMATED ANNUAL AMOUNT OF $960,000). 20. NO. 2001-09 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRUCK MOUNTED LIQUID ASPHALT DISTRIBUTOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2583 - TRUCK MOUNTED ASPHALT DISTRIBUTOR AWARDED TO PETERBILT MOTORS COMPANY IN THE AMOUNT OF $107,933). 21. NO. 2001-010 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A VIBRATORY ROLLER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN 991 992 City of Denton City Council Minutes January 2, 2001 Page 5 EFFECTIVE DATE. (BID 2584 - VIBRATORY ROLLER AWARDED TO CLEMONS TRACTOR CO., IN THE AMOUNT OF $34,606 WITH A BUY BACK OFFER OF $23,000 FOR A 36-MONTH COST OF $11,606). 22. NO. 2001-011 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRUCK MOUNTED BRUSH LOADER/GRAPPLER; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2585 - TRUCK MOUNTED BRUSH LOADER/GRAPPLER AWARDED TO SOUTHWEST INTERNATIONAL IN THE AMOUNT OF $88,927). 23. NO. 2001-012 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A SUPPLY OF POLICE TACTICAL VEST; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2586 - POLICE TACTICAL VEST AWARDED TO TROOPER SUPPLY, INC., IN THE AMOUNT OF $28,578). 24. NO. 2001-013 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR 15KV FUSED ENCLOSURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2592 - FUSED ENCLOSURES AWARDED TO TEMPLE, INC. FOR ITEM 1 IN THE AMOUNT OF $3,949 EACH AND MALTON EQUIPMENT C/O LEN T. DELONEY FOR ITEM 2 IN THE AMOUNT OF $5,579 EACH. THE ESTIMATED ANNUAL EXPENDITURE IS $60,000). 25. NO. 2001-014 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A LOADER/BACKHOE TRACTOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2593 - LOADER/BACKHOE TRACTOR AWARDED TO CONTINENTAL EQUIPMENT CO., L.P., IN THE AMOUNT OF $73,755 WITH BUY BACK OFFER OF $45,000 FOR A 36-MONTH COST OF $28,755). 26. NO. 2001-015 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A RADIO TRAFFIC SIGNAL COMMUNICATIONS SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2595 - City of Denton City Council Minutes January 2, 2001 Page 6 RADIO TRAFFIC COMMUNICATION SYSTEM AWARDED TO CONSOLIDATED TRAFFIC CONTROLS, INC., IN THE AMOUNT OF $51,030). 27. NO. 2001-016 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR ARMORED COURIER SERVICE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2598 - ARMORED COURIER SERVICE AWARDED TO LO©MIS, FARGO & CO., IN THE AMOUNT OF $330 PER MONTH PER SITE. ESTIMATED ANNUAL EXPENDITURE IS $19,800 OR $59,400 FOR THREE YEARS.) 28. NO. 2001-017 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ACS SOFTWARE AND HARDWARE 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. (PURCHASE ORDERS 11505 AND 11505A TO ADVANCED CONTROL SYSTEM (ACS) IN THE AMOUNT OF $28,824.00). 29. NO. 2001-018 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF 800 MHZ RADIO SYSTEM UPGRADE & RELOCATION WHICH IS 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. (PURCHASE ORDER 11509 TO MOTOROLA IN THE AMOUNT OF $837,231.00). 30. NO. 2001-019 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARVIN C. (M.C.) BURCH, RICHARD LEE BURCH, AND NELDA GRACE (BURCH) HACKETT RELATING TO THE PURCHASE OF 2 ACRES OF LAND AND A 0.136 ACRE ACCESS EASEMENT LOCATED IN THE J. SEVERE SURVEY, ABSTRACT NO. 1164, FOR USE AS AN ELECTRIC SUBSTATION AND RELATED PURPOSES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 31. NO. 2001-020 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RENOVATION OF THE HEATING VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM AT CITY HALL EAST ENGINEERING SECTION; PROVIDING FOR THE EXPENDITURE OF FUNDS 993 994 City of Denton City Council Minutes January 2, 2001 Page 7 THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2620 - CITY HALL EAST/ENGINEERING SECTION HVAC RENOVATION AWARDED TO THE LOWEST RESPONSIBLE BIDDER CBS MECHANICAL IN THE AMOUNT OF $79,885). 32. NO. 2001-021 AN ORDINANCE APPROVING A LETTER AGREEMENT BETWEEN WYNNE/JACKSON LAKES DEVELOPMENT, L.P. AND THE CITY OF DENTON REGARDING THE HIGHWAY 377 WATER TRANSMISSION LINE AND THE GRAVEYARD BRANCH INTERCEPTOR SEWER LINE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 33. The Council held a public hearing and considered adoption of an ordinance rezoning and approving a Zoning Plan for a 19.57 acre tract located on the northeast side of the intersection of Teasley Road and Ryan Road. The property was currently zoned Agricultural (A). The intent was to rezone the property to a Planned Development (PD) containing single-family residential and neighborhood service retail. (The Planning and Zoning Commission recommended approval 5-0 with conditions.) (ZP-O0-O09, Teasley Tract) Council Member Kristoferson arrived at the meeting. Doug Powell, Director of Planning and Development, stated that the property was currently zoned agricultural and was intended to rezone to planned development with single-family residential and neighborhood service retail. A homeowners association would be responsible for the open space that would be included in the development. The Mayor opened the pubic hearing. The following individuals spoke during the public hearing: Allen Bussell, Surveyors and Engineers of North Texas - favor The Mayor closed the public hearing. Burroughs motioned, Beasley seconded to adopt the ordinance with the Planning and Zoning Commission conditions. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "nay", and Mayor Brock "aye". Motion was tied and would be brought back to the next Council meeting when there would be a full Council. 34. The Council held a public hearing and considered approving the Comprehensive Plan Amendment of 17.9 acres, from a Neighborhood Center land use classification to a Community Mixed Use Center land use classification. The site was located at the southeast comer of Teasley Lane and Hickory Creek Road. A community shopping center and offices were proposed. (The Planning and Zoning Commission recommended approval 7-0). (CA-O0-O01, Forester Tract) City of Demon City Council Minutes January 2, 2001 Page 8 Doug Powell, Director of Planning and Development, stated that the site was located at the southeast comer of Teasley Lane and' Hickory Creek Road. This would be the first amendment to the land use map of the Comprehensive Plan. The zoning would change from neighborhood mixed use to community mixed use classification to allow for the development of a grocery store in the area. A zoning plan would have to be approved as the property was subject to the Interim Regulations. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Mark Weatherford, representing the petitioner - favor Gene Holloway, Denton ISD - favor Dave Neal, 1101 Buena Vista, Denton, 76210 - opposed Brenda Phillips, 1101 Buena Vista, Denton, 76210 - opposed Pam Orley, 4404 Argyle Lane, Denton - favor Rebuttal by Weatherford The Mayor closed the public hearing. Kristoferson motioned, Durrance seconded to deny the request. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Brock "aye". Motion carried unanimously. 35. The Council held a public hearing and considered adoption of an ordinance approving a Project Plan/Detailed Plan at 1207 and 1213 Wilson Street in a Planned Development (PD-189) 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 6-0 with conditions). (SP-O0-O13, Denton Housing Authority) Doug Powell, Director of Planning and 'Development, stated the site was appropriate for the development and was compatible with the Comprehensive Plan. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Sherry McDade, Demon Housing Authority - favor Stan Ingman 2105 Carriage Hill, Denton, 76207 - favor Martha Guerra, 110 Heritage Lane, Denton, 76205 - favor Lou Lowther, 422 Audra, Denton, 76209 - opposed The Mayor closed the public hearing. 995 The following ordinance was considered: 996 City of Denton City Council Minutes January 2, 2001 Page 9 NO. 2001-022 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 2000-393 TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 1.8 ACRES LOCATED WITHIN A PLANNED DEVELOPMENT (PD-189) ZONING DISTRICT; 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. (SP-00-013) Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Brock "aye". Motion carried unanimously. 36. The Council held a public hearing and considered adoption of an ordinance approving a Detailed Plan, to rezone 2.94 acres located along the south side of Audra Lane approximately 640 feet west of Mockingbird Lane from Agricultural (A) zoning district to Planned Development (PD) zoning district. A 12-lot single-family subdivision was proposed. (The Planning and Zoning Commission recommended approval 7-0 with conditions.) (Z-O0-OI3, Audra Oaks) Doug Powell, Director of Planning and Development, stated that the site was located on Audra Lane and was a request to change the zoning from agricultural to planned development. Design standards were included in the proposed ordinance. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Alan Bussell, representing the petitioner- favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-023 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-192) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 2.94 ACRES OF LAND LOCATED ALONG THE SOUTH SIDE OF AUDRA LANE APPROXIMATELY 640 FEET WEST OF MOCKINOBIRD LANE; PROVIDING A DETAILED PLAN ENCOMPASSING 2.94 ACRES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z~00-013) City of Denton City Council Minutes January 2, 2001 Page 10 Beasley motioned, Cochran seconded to adopt the ordinance with the conditions as noted from the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance"aye", Kristoferson"aye", and Mayor Brock "aye". Motion carded unanimously. 37. The Council held a public hearing and considered adoption of an ordinance approving a Zoning Plan to rezone 1.954 acres from an Agricultural (A) zoning district to an Office (O) zoning district. The property was located between Helm Street and Teasley Lane approximately 1,400 feet south of Bent Oaks Drive. Office development was proposed. (The Planning and Zoning Commission recommended approval 7-0 with conditions.) (ZP-O0-O16, The Ruehle Office) Doug Powell, Director of Planning and Development, stated that the proposal was to conVert an old home to an office building for a dentist office. The project would require a project plan as it was subject to the interim regulations. Three conditions were recommended by the Planning and Zoning Commission for the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Alan Bussell - favor reduce to 10, 000 square feet Pat Ruehle, petitioner - favor The following ordinance was considered: NO. 2001-024 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN AND ZONING CHANGE FOR 1.96 ACRES LOCATED WITHIN A AGRICULTURAL (A) ZONING DISTRICT; TO CHANGE TO AN OFFICE (O) DISTRICT; THE SUBJECT PROPERTY BEING LOCATED BETWEEN HELM STREET AND TEASLEY LANE, APPROXIMATELY 1,400 FEET SOUTH OF BENT OAKS DRIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ZP-00-016) Kristoferson motioned, Cochran seconded to adopt the ordinance with the conditions as recommended by the Planning and Zoning Commission plus a monument sign and limitation to a 10,000 square foot building. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance"aye", Kristoferson"aye", and Mayor Brock "aye". Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 38. The Council considered adoption of an ordinance declaring a public necessity existed and finding that public welfare and convenience required the taking and acquiring of an approximate 20 acre tract or parcel of land being part of Lot 2, Block A of the Sandlin Addition, an addition to the City of Denton in fee simple for a regional detention pond said property being located in 9'9 7 998 City of Denton City Council Minutes January 2, 2001 Page 11 B.B.B. & C.R.R. Co. Survey, Abstract No. 180, and in the T. Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the property for just compensation 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 a regional detention pond; and declaring an effective date. The following ordinance was considered: NO. 2001-025 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 20 ACRE TRACT OR PARCEL OF LAND BEING PART OF LOT 2, BLOCK A OF THE SANDLIN ADDITION, AN ADDITION TO THE CITY OF DENTON IN FEE SIMPLE FOR A REGIONAL DETENTION POND SAID PROPERTY BEING LOCATED IN B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO. 180, AND IN THE T. TOBY SURVEY, ABSTRACT NO. 1288, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION 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 A REGIONAL DETENTION POND; AND DECLARING AN EFFECTIVE DATE. Beastey motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Brock "aye". Motion carried unanimously. 39. The Council considered adoption of an ordinance approving and authorizing the expenditure of funds under the City of Denton's infrastructure financing policy for water and wastewater facilities to Yorlum Construction Management Ltd., such facilities to be extended to a development located at the intersection of Highway 380 and Masch Road; authorizing the City Manager to enter into an agreement on behalf of the City; and providing an effective date. The following ordinance was considered: NO. 2001-026 AN ORDINANCE APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS UNDER THE CITY OF DENTON'S INFRASTRUCTURE FINANCING POLICY FOR WATER AND WASTEWATER FACILITIES TO YORLUM CONSTRUCTION MANAGEMENT LTD., SUCH FACILITIES TO BE EXTENDED TO A DEVELOPMENT LOCATED AT THE INTERSECTION OF HIGHWAY 380 AND MASCH ROAD; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes January 2, 2001 Page 12 Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", and Mayor Brock "aye". Motion carried with a 5-1 vote. 40. New Business The following items of New Business were suggested by Council Members for future agendas: A, Mayor Brock requested a discussion of the City's adequate public facilities policy. B. Council Member Durrance requested a work session item regarding alternative means of financing recycling including curbside and other methods types available, specifically cost effective factors of recycling in regards to curbside consider alternative means of financing that project. 41. Items from the City Manager City Manager Jez did not have any items for Council. 42. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 43. 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 10:22 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS 999