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Minutes March 06, 200164 CITY OF DENTON CITY COUNCIL MINUTES March 6, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, March 6, 2001 at 5:00 p. m. in the City of Denton Council Work Session Room. PRESENT: Mayor Brock; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: Mayor Pro Tem Beasley 1. The Council considered the following in Closed Meeting: A. Deliberations Regarding Real Property --- Under TEXAS GOVERNMENT CODE Section 551.072. (1) Received information from Staff, discussed, deliberated, considered, took action on, and provided Staff with direction pertaining to the location of, the purchase price of, the possible terms of sale, and valuation issues respecting the possible cumulative acquisition of approximately 50 acres of real property situated within the J. Scott Survey, Abstract No. 1222, and the W. Wilbum Survey, Abstract No. 1419, and the A. Meyers - Johnson Survey, Abstract No. 1699, and the adjacent unnumbered M.E.P. & P.R.R. Survey to the south of said Meyers - Johnson Survey, and the G. Barb Survey, Abstract No. 208 in Denton County, Texas; such tracts of land being north of and adjacent to the northern limits of the Denton Municipal Airport property. (Masch Branch Road & Jim Christal Road area) B. Consultation with Attorney - Under TEX. GOV'T. CODE Section 551.071. (1) Received a further briefing from the City's attorneys, and considered, discussed, strategized and took action on whether or not to intervene as a party in TNRCC Docket No. 2000-1412-AIR (Martin Marietta Materials of Texas, Inc.); or in the alternative, whether to take other legal action pertaining thereto, where to discuss these matters in public would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. (2) Discussed and considered strategy and status of litigation with the City's attorneys in litigation styled City of Denton, et al v. TXU Electric Company, et al, Cause No. 009383 currently pending in the 134th District Court of Dallas County, Texas, and discussed legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Regular Meeting of the City of Denton City Council on Tuesday, March 6, 2001 at 6:00 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes March 6, 2001 Page 2 1. Pledge of Allegiance - Led by children from the Denton Community The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of FebrUary 2, February 6, February 9, February 12, February 13, February 19, February 20, February 21, and February 27, 2001. Burroughs motioned, Durrance seconded to approve the minutes as presented. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. PRESENTATIONS 3. March Yard of the Month Awards Mayor Brock presented Yard of the Month Awards to: Jim and Judy Smith Jack and Janice Dobbs Mary and D. E. Rowan, Jr. Dan and Carolyn Cunningham Betty Barton Peggy and Orvid Fox Turbo Refrigerating Company 4. Presentations a. Randy Moravek presented a Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officer's Association for Denton's Comprehensive Annual Financial Report for the fiscal year ended September 30, 1999. b. Randy Moravek presented a Distinguished Budget Presentation Award on the 1999-00 Denton Budget by the Government Finance Officer's Association. CITIZEN REPORTS 5. Andee Chamberlain regarding removal of drop-off recycling centers. Ms. Chamberlain stated that she understood that drop-off centers would be removed when the curbside recycling program was started. She requested as many sites be left open as possible for residents who live in apartments and could not use the curbside recycling program. 6. Dorothy Framanty regarding issues with Municipal Court procedures. Ms. Framanty was not present at the meeting. City of Denton City Council Minutes March 6, 2001 Page 3 NOISE EXCEPTIONS 7. The Council considered a request for an exception to the noise ordinance for construction activity for the University Courtyard Apartments between 8:00 a.m. and 1:00 p.m. on Sundays by Rea Construction Company at 200 S. Bonnie Brae Street on Sundays from March 4, 2001 until August 5, 2001. Burroughs motioned, Young seconded to approve the request with the condition that upon receipt of a noise complaint, the item would be returned to Council at the next called meeting for review. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. CONSENT AGENDA Mayor Brock stated that Item # 12 was pulled from consideration. Council Member Kristoferson asked that Item #23 be pulled for separate consideration. Council Member Young asked that Items #22 and #23 be pulled for separate consideration. Council Member Cochran asked that Items #25 and #31 be pulled for separate consideration. Cochran motioned, Young seconded to approve the Consent Agenda and the accompanying ordinances and resolutions with the exception of Items #22, #23, #25~ and #31. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 8. NO. 2001-098 AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. 9. NO. 2001-099 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON AND PROVIDING FOR AN EFFECTIVE DATE. 10. NO. 2001-100 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, SPAN~ INC. AND THE UNIVERSITY OF NORTH TEXAS TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes March 6, 2001 Page 4 11. NO. 2001-101 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF FULBRIGHT & JAWORSKI, LLP. FOR SERVICES PERTAINING TO OBTAINING A PRIVATE LETTER RULING FROM THE INTERNAL REVENUE SERVICE RESPECTING THE ISSUANCE OF TAX-EXEMPT DEBT TO REFINANCE OUTSTANDING TEXAS MUNICIPAL POWER AGENCY DEBT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 12. This item was not considered. 13. Approved a tax refund to Thomas E & Margaret Hook in the amount of $582.01. The 2000 property tax was paid twice. 14. Approved a tax refund to Pitney Bowes in the amount of $8,216.31. The 1999 property tax was paid twice. 15. Approved a tax refund to Mary Gonzales in the amount of $679.43. The 2000 property tax was paid twice. 16. Approved a tax refund to Kevin & Laurie Pearson in the amount of $629.75. The 2000 property tax was paid twice. 17. Approved a tax refund to Richard Andrew in the amount of $2,357.82. The 1999 property tax was paid twice. 18. Approved a tax refund to Scott Brown in the amount of $1,333.91. The 2000 property tax was paid twice. 19. Approved of a tax refund to Countrywide Home Loans in the amount of $2,137.29. The 2000 property tax was paid twice. 20. Approved a tax refund to Jerry Kelsoe in the amount of $7,814.17. Mr. Kelsoe erroneously paid his Denton County and DISD taxes to the City of Denton. 21. NO. 2001-102 AN ORDINANCE APPROVING THE ASSIGNMENT OF A PUBLIC WORKS CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND HENDERSON CONSTRUCTION, L.L.P. FOR THE CONSTRUCTION OF CERTAIN MUNICIPAL IMPROVEMENTS KNOWN AS THE WESTERN PECAN/COOPER CREEK PROJECT TO KEBO SERVICES, INC, WHICH CONTRACT WAS PREVIOUSLY AWARDED BY THE CITY COUNCIL PURSUANT TO ORDINANCE NO. (2000- 276); AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT OF BEHALF OF THE CITY AND AUTHORIZING THE EXPENDITURE OF FUNDS 67 68 City of Denton City Council Minutes March 6, 2001 Page 5 THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2531 - INFLOW/INFILTRATION CORRECTIONS FOR WESTERN PECAN CREEK & COOPER CREEK, ASSIGNED TO KEBO SERVICES, INC. IN THE AMOUNT OF $683,930). 24. NO. 2001-105 AN ORDINANCE ACCEPTING PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF 800 MHZ MOBILE RADIOS AND ACCESSORIES 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 13144 - MOTOROLA CUSTOMER CONNECTION, IN THE AMOUNT OF $60,353.15 FOR MOBILE RADIOS). 26. NO. 2001-107 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF ELECTRIC METERS, CURRENT TRANSFORMERS, AND METER SOCKETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2617 - ELECTRIC METERS, CURRENT TRANSFORMERS AND METER SOCKETS AWARDED TO MULTIPLE SUPPLIERS IN THE ANNUAL ESTIMATED AMOUNT OF $225,000). 27. NO. 2001-108 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO POLICE MOTORCYCLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2635 - POLICE MOTORCYCLES AWARDED TO CYCLE CENTER OF DENTON IN THE AMOUNT OF $19,800). 28. NO. 2001-109 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE MOBILE VIDEO CAMERA SYSTEMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2641 - POLICE MOBILE VIDEO CAMERA SYSTEMS AWARDED TO MOBILE VISION IN THE AMOUNT OF $233,225). 29. NO. 2001-110 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A 40 KVA / 32 KW UNINTERRUPTED POWER SUPPLY (UPS) AND INSTALLATION AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION City of Denton City Council Minutes March 6, 2001 Page 6 SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 12574 TO DATACOM POWER, INC. IN THE AMOUNT OF $39,881). 30. NO. 2001-111 AN ORDINANCE APPROVING A LOCAL PROJECT ADVANCE FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR THE CONSTRUCTION AND FUNDING OF CERTAIN PUBLIC IMPROVEMENTS FOR US 77 FROM INTERSTATE 35 TO US 380; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 32. NO. R2001-006 A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING FEDERAL FUNDING FOR AIRPORT DEVELOPMENT PROJECTS AT THE DENTON MUNICIPAL AIRPORT LOCATED IN THE CITY OF DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS 33. The Council held a public hearing and considered adoption of an ordinance approving a Zoning Plan to rezone 34.1 acres from Planned Development (PD-100) and Single Family (SF- 71[c]35) zoning districts to a Planned Development (PD) zoning district. The property was generally located north of Robinson Road, between Teasley Lane and State School Road. A single-family subdivision with an amenity center and open space was proposed. The Planning and Zoning Commission recommended approval (7-0). (ZP-O0-O08, Robinson Oaks) Doug Powell, Director of Planning and Development, stated that the proposed planned development was planned for single-family development. The application was covered by the interim regulations and was considered under those regulations. The Mayor opened the public hearing. The following individual spoke during the public hearing: Greg Blalock, representing the petitioner - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-112 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR 34.1 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 70 City of Denton City Council Minutes March 6, 2001 Page 7 (PD-100) AND SINGLE FAMILY (SF-7[C]35) ZONING DISTRICTS; TO AMEND PLANNED DEVELOPMENT 100 (PD-100) DISTRICT TO ALLOW FOR SINGLE FAMILY USES; THE SUBJECT PROPERTY BEING LOCATED NORTH OF ROBINSON ROAD, EAST OF TEASLEY LANE; 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. Young motioned, Burroughs seconded to adopt the ordinance with the condition that the park space would never be built on. On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carded with a 5-1 vote. 34. The Council held a public hearing and considered adoption of an ordinance approving a Project PlardDetailed Plan on 34.1 acres in a Planned Development (PD) zoning district. The property was generally located north of Robinson Road, between Teasley Lane and State School Road. A single-family subdivision with an amenity center and open space was proposed. The Planning and Zoning Commission recommended approval (7~0). (SP-O0-O09, Robinson Oaks) Doug Powell, Director of Planning and Development, stated that this ordinance would approve the project plan/detailed plan on the property Council just zoned. He indicated that some type of restriction could be place on the property to maintain the park space. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Greg Blalock - favor Bob Kissam, 2221 drainage Loon Lake Road, Denton 76210, expressed a concern regarding The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-113 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 34.1 ACRES LOCATED WITHIN A PLANNED DEVELOPMENT (PD-100) ZONING DISTRICT; THE SUBJECT PROPERTY BEING LOCATED NORTH OF ROBINSON ROAD, EAST OF TEASLEY LANE; 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. Young motioned, Burroughs seconded to adopt the ordinance with the condition that the open space would always remain parkland. On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried with a 5-1 vote. City of Denton City Council Minutes March 6, 2001 Page 8 35. The Council held the second of two scheduled public hearings to hear comments regarding the City of Denton Draft Development Code and zoning map. 71 Cochran motioned, Burroughs seconded to suspend the Council rules and limit speaker time on this item to 3 minutes. On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson"aye", Young "nay", and Mayor Brock "aye". Motion carded with a 4-2 vote. The Mayor opened the public heating. Marty Rivers, 2000 Whitefish Court, Denton, 76210 - represented the Chamber and the Chamber's position on the Code. Ronald Slovacek, 3964 Fawn Drive, Denton, 76208 Robert Kissam, 2221 Loon Lake Road, Denton, 76201 Mary Brower, 3205 Meredith Lane, Denton, 76210 Mike Montgomery, no address given Roland Vela, 729 Ridgecrest, Denton, 76205 Bob Sherman, 5949 Sherry Lane, Dallas, 75225 Ed Soph, 1620 Victoria, Denton Tom Britton, 2212 Fort Worth Drive, Denton, 76205 Eva Cadwallader, 3920 Fawn Drive, Denton, 76208 Don Dillard, 5000 Thanksgiving Tower, Dallas, 75201 - presented a letter to the Council for the record Carolyn Phillips, 722 Lakey Street, Denton, 76205 Joyce Poole, 3021 North Bonnie Brae, Denton, 76207 Dalton Allen, 1111 Lexington, Denton, 762 Charles Jewell, 1812 Woodridge Drive, Arlington, 76013 Andy Payne, 2408 Timber Trail, Denton, 76201 David Bynum, 215 Marietta Street, Denton, 76201 Edwin Fulton, no address given Bill Cheek, Jr., 12000 Vista Verde, Denton, 76210 Marshall J. Ricks, Box 250, Denton, 76201 Viola Woods, 2212-50 Fort Worth Drive, Denton, 76205 Tom Marley, 206 Dotson, Denton, 76205 Renee Cassar, 2212 Fort Worth Drive, Denton Tom Farlow, 2210 Santa Monica, Denton Gail Backstrom, 2212 Fort Worth Drive, Denton. 76205 Sean O'Neill, 2212 Fort Worth Drive, Denton, 76205 David Piatt, 809- 2321 Fort Worth Drive, Denton, 76205 Jody Clacker, 4327 Ridge Lane, Denton Barbara Russell, 1324 Heather Lane, Denton, 76201 John Bond, 1700 S. Mayhitl Road, Denton, 76208 Cliff Reding, 211 Woodrow, Denton, 76205 Mark Marshall, 3324 Nottingham, Denton Zane Latham, 1706 Shady Oaks, Denton, 76205 J. B. Haisler, 1200 Cowling, Sanger, 76266 Raymond Redmon, 710 East Prairie Street, Denton 72 City of Denton City Council Minutes March 6, 2001 Page 9 The following individuals submitted Comment Cards: Jay Thomas, 3301 Cooper Branch, Denton, 76201 Vaughn E. Miller, 2212 Fort Worth Drive #86, Denton, 76205 Marvin Jeffries, 2112 Stonegate Drive, Denton, 76205 Paul Brown, 2212 Fort Worth Drive #172, Denton, 76205 Eloise O'Neill, 22t2 Fort Worth Drive #171, Denton, 76205 A. D. and Genevieve Neal, 2212-156 Fort Worth Drive, Denton, 76205 Shawn and Kay Sepulvado, 2212 Fort Worth Drive #148, Denton, 76205 Jacobo Long, 721 S. Woodrow, Denton, 76205 Kent Key, 3524 Belmont, Denton, 76210 Jane L. Fulton, 729 Greenwood, Denton, 76209 Gisele Cassar, 2212-163 Fort Worth Drive, Denton, 76205 Robert Pructt, 2114 North Lake Trail, Denton, 76201 Bryan Marley, 1914 Jacqueline, Denton, 76205 Steve Marley, 1527 Hunter Ridge, Denton, 76205 Oscar Jimenez, 2310 W. Oak Street, Denton, 76201 Bill Thomas, 3408 Nottingham, Denton, Texas 76201 Calvin Jenkins, 2212-169 Fort Worth Drive, Denton, 76205 Jamie Mayhue, 2212 Forth Worth Drive, Denton, 76205 Barbara Donald, 2122 Forth Worth Drive, Denton, 76205 Marshall J. Ricks, Box 250, Denton, 76201 Richard Cooper, 2701 Mayhill, Denton, 76208 Ellen Painter, 207 North Bonnie Brae, Denton, 76201 Raymond and Hiltrud Brown, 2212 Forth Worth Drive, Denton, 76205 Victoria Lee, 25 t 3 Whispering Oaks, Denton, 76209 Ruth Walters, 216 Daniel, Denton, 76206 Glenn Ison, 25 Wellington Oaks Circle, Denton, 76210 David Hoenig, 1624 Churchill, Denton, 76209 Rodney Smith, 1230 Forth Worth Drive, Denton, 76205 David Gilmer, 1230 Fort Worth Drive, Denton, 76205 Kenneth Minhinnett, 1003 Shady Oaks Drive, Denton, 76205 Joy Powell, 9718 Mingo Road, Denton, 76208 Linda Hickey, 518 Jupiter, Denton, 76209 Richard and Karen Haskins, 2212 Fort Worth Drive, 76205 Don Gailey, 3300 Shadow Trail, Denton, 76207 Patti Marley, 913 Kilkinney Court, Denton, 76210 Joe Mulroy, 119 Ridgecrest, Denton, 76205 Virginia Jackson, 506 N. Charles, Lewisville, 75057 Dennis Ash, 2520 Sherwood, Denton, 76201 Judy Willis, 3116 Broken Bow, Denton, 76209 Allen Bussell, 1621 Amanda Court, Ponder, 76259 Melissa Maple, 414 W. Parkway, Denton, 76201 Kathy Orr/Sue Fickey, 605 Londonderry, Denton, 76201 Gene Pauline, 2212-100 Fort Worth Drive, Denton, 76205 Wommack Mayhue, 2212 Fort Worth Drive, Denton, 76205 Karen Paulus, 2212 Fort Wroth Drive, Denton, 76205 Nub Neighbors, 2720 James, Denton, 76205 City of Denton City Council Minutes March 6, 2001 Page 10 Mary McAitcheon, 1217 Greenbriar, Denton, 76201 Leah Linville, 2212 Fort Worth Drive, Denton, 76205 Jerry Kelsoe, 3260 N. Elm, Denton, 76207 R. Eric and Marla Fullerton, 3015 N. Bonnie Brae, Denton, 76207 C. E. Bounds, 204 Sharon Rose, Denton, 76210 The Mayor closed the public hearing. The Council considered the items pulled from the Consent Agenda. Item #22 was considered. 22. NO. 2001-103 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2630 - NEIGHBORHOOD PARKS AND PLAYGROUND IMPROVEMENTS PROJECT, AWARDED TO PLAYGROUND SPECIALIST, INC., IN THE AMOUNT OF $224,479.83 INCLUDING ALTERNATES 1 AND 4). Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young "nay", and Mayor Brock "aye". Motion carried with a 5-1 vote. 23. NO. 2001-104 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PURCHASE OF AN 8' X 65' PRE-FABRICATED BRIDGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2644 - FRED MOORE PRE- FABRICATED BRIDGE, AWARDED TO CONTINENTAL BRIDGE IN THE AMOUNT OF $32,459 WITH DELIVERY IN 8 WEEKS). Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Brock "aye". Motion carried with a 5-1 vote. 25. NO. 2001-106 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ENVIRONMENTAL LABORATORY SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2605 - ENVIKONMENTAL LABORATORY SERVICES AWARDED TO CERTES ENVIRONMENTAL LABORATORIES, L.L.C. IN THE ESTIMATED ANNUAL AMOUNT OF $145,000). 73 74 City of Deuton City Council Minutes March 6, 2001 Page 11 Council Member Young left the meeting. Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Brock "aye". Motion carried unanimously. 31. NO. R2001-005 A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING A SALES TAX ON PRODUCTS AND SERVICES PURCHASED ON THE INTERNET ENSURING EQUITABLE TREATMENT OF RETAILERS LOCATED IN THE CITY OF DENTON AND PRESERVING THE LOCAL SALES TAX BASE NEEDED TO DELIVER CITY SERVICES. Kristoferson motioned, Burroughs seconded to approve the resolution with the removal of Sections 5 and 6 and the placement of a period after "new tax" in Section 10. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Brock "aye". Motion carried unanimously. Council Member Young returned to the meeting. ITEMS FOR INDIVIDUAL CONSIDERATION 36. The Council considered approval of a resolution for a Project Plan/Site Plan in a General Retail (GR) zoning district. The 1.1-acm property was generally located on the west side of Loop 288, less than 500' south of McKinney Street. A drive-through restaurant was proposed. (SP-O0-O15, Jack in the Box RestauranO Dennis Woznac spoke on the issue. The following resolution was considered: NO. R2001-007 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN LOCATED WITHIN A GENERAL RETAIL (GR) DISTRICT, BEING AN APPROXIMATE 1.05 ACRE SITE LOCATED ON THE WEST SIDE OF LOOP 288, LESS THAN 500 FEET SOUTH OF MCKINNEY IN THE CITY OF DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. (SP- 00-015, JACK IN THE BOX RESTAURANT) Kristoferson motioned, Burroughs seconded to approve the resolution with the condition that a monument sign be built instead of a pole sign. On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried with a 5-1 vote. City of Denton City Council Minutes March 6, 2001 Page 12 37. The Council considered approval of a resolution approving a Project Plan for 1.563 acres in a Commercial (C) zoning district, located on the north side of 1-35 at the northeast intersection of 1-35 service road between Fort Worth Drive and Teasley Lane. Johnny Carino's Country Italian Restaurant was proposed. (SP-O0-O19) The following individuals spoke on the proposal: Charles Mercer, 3555 RR620 South, Austin, 78734 Nick Cade, 7403 Caruth, Dallas, 75225 Randall Pogue, 208 E. Lousiana, Suite 305, McKinney, 75069 Council Member Kristoferson motioned to approve the resolution with the conditions that the building orientation be towards the street, that there be no parking between the street and the building and that 113 parking spaces would be provided. Motion died for lack of a second Council Member Durrance motioned to postpone consideration in order to look at other options for design layout of the building. Motion died for lack of a second. Young motioned, Burroughs seconded to approve the request as presented with the condition of an increase in plant materials in the landscaping. On roll vote, Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson"nay", Young "aye", and Mayor Brock "nay". Motion resulted in a 3-3 tie vote. The item would be returned for considerationwhen there was a full Council. 38. The Council considered adoption of a resolution approving a Project Plan for 1.464 acres in a One-family dwelling (SF-7) zoning district, commonly known as 2417 Bernard Street located approximately 90 feet south of the intersection of Parvin Street and Bernard Street. An expansion of an existing church building was proposed. (SP-O0-020, Ternplo Vida Nueva) David Marton, 216 Tanglewood, Denton, 76207 spoke on the resolution. The following resolution was considered: NO. R2001-008 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A NONRESIDENTIAL PROJECT PLAN FOR TEMPLO VIDE NUEVA CHURCH, BEING AN APPROXIMATE 1,464 ACRE SITE COMMONLY KNOWN AS 2417 BERNARD STREET LOCATED APPROXIMATELY 90 FEET SOUTH OF THE INTERSECTION OF PARVIN STREET AND BERNARD STREET; AND PROVIDING FOR AN EFFECTIVE DATE. (sp-00-020, TEMPLO VIDE NUEVA CHURCH) Durrance motioned, Cochran seconded to approve the resolution with the condition of the addition of access being through the parking lot as indicated by staff. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 75 76¸ City of Denton City Council Minutes March 6, 2001 Page 13 39. The Council considered approval of a resolution approving a Project Plan for 11.688 acres in a Light Industrial (LI) zoning district, located at the southeast comer of Kimberly Lane and Karina Lane. An office and call center for the Federal Emergency Management Agency (FEMA) was proposed. (SP-O0-021, FEMA) Council Member Burroughs left with a conflict of interest. The following resolution was considered: NO. R2001-009 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A NONRESIDENTIAL PROJECT PLAN FOR A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) OFFICE BUILDING, BEING AN APPROXIMATELY 11.688 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF KIMBERLY LAND AND KARINA LANE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cochran seconded to approve the resolution as submitted. On roll vote, Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Brock "aye". Motion failed with a 3-2 vote as 4 affirmative votes were needed to pass a resolution. Kristoferson motioned, Cochran seconded to reconsider the item. On roll vote, Cochran "aye", Durrance "nay", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried with a 4-1 vote. Young motioned, Cochran seconded to approve the resolution as submitted. On roll vote, Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried with 4-1 vote. 40. The Council considered adoption of an ordinance for an amendment to correct an inadvertent error in Ordinance 98-018, which was an ordinance zoning approximately 1.7 acres, located on the north side of Colorado Boulevard east of San Jacinto Boulevard, to a Light Industrial conditioned (LI(c)) zoning district. Said error being an inadvertent error in the description of the property being zoned. (SI-01-003) Council Member Burroughs returned to the meeting. The following ordinance was considered: NO. 2001-114 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO CORRECT AN INADVERTENT ERROR IN ORDINANCE NO. 98-018 WHICH IS AN ORDINANCE ZONING AN APPROXIMATE 1.7 ACRE TRACT OF LAND LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD, AT SAN JACINTO BOULEVARD TO LIGHT INDUSTRIAL CONDITIONAL (LI[C]), SAID ERROR BEING AN INADVERTENT ERROR IN THE DESCRIPTION OF THE PROPERTY BEING ZONED; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes March 6, 2001 Page 14 Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 41. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services agreement with the firm of HH Architects to provide professional services for the interior and exterior design of North Branch Library as well as management and inspection services during the construction phase as set forth in this contract; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2001-115 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF HH ARCHITECTS TO PROVIDE PROFESSIONAL SERVICES FOR THE INTERIOR AND EXTERIOR DESIGN OF NORTH BRANCH LIBRARY AS WELL AS MANAGEMENT AND INSPECTION SERVICES DURING THE CONSTRUCTION PHASE AS SET FORTH IN THIS CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE Cochran motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 42. The Council considered adoption of an ordinance authorizing the City Manager to execute an amendment to the commercial airport lease agreement between the City of Denton and Ezell Aviation upon leased premises without formal written confirmation of the City Council; and providing for an effective date. The following ordinance was considered: NO. 2001-116 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE COMMERCIAL AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND EZELL AVIATION UPON LEASED PREMISES WITHOUT FORMAL WRITTEN CONFIRMATION OF THE CITY COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried tmanimously. 77 City of Denton City Council Minutes March 6, 2001 Page 15 43. The Council considered approval of a resolution authorizing the Steering Committee of Northwest Metro/Mid-Cities Distribution System cities to retain legal counsel and rate case consultants; authorizing the cities to intervene in related dockets before the Texas Railroad Commission; and suspending the proposed tariff and schedule of rates of TXU Electric and Gas Company; adopting findings in the preamble; and providing an effective date. The following resolution was considered: NO. R2001-010 A RESOLUTION AUTHORIZING THE STEERING COMMITTEE OF NORTHWEST METRO/MID-CITIES DISTRIBUTION SYSTEM CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS; AUTHORIZING THE CITIES TO INTERVENE IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION; AND SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU ELECTRIC AND GAS COMPANY; ADOPTING FINDINGS IN THE PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. Herb Prouty, City Attorney, stated that this resolution authorized the City to join a coalition of other Texas cities to investigate the proposed rate increase, authorized the hiring of an attorney and consultants to study the issue and to suspend the rates from the effective date of the resolution. Staff was also recommending that Denton hire Diversified Utility Consultants to review the recommendations of the coalition as they applied to the service area in Denton. Burroughs motioned, Young seconded to approve the resolution. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 44. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Attorney to intervene on behalf of the City as a party in TNRCC Docket No. 2000-1412-AIR (Martin Marietta Materials of Texas, Inc.); and providing an effective date. The following ordinance was considered: NO. 2001-117 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY ATTORNEY TO INTERVENE ON BEHALF OF THE CITY AS A PARTY IN TNRCC DOCKET NO. 2000-1412-AIR (MARTIN MARIETTA MATERIALS OF TEXAS, INC.); AND PROVIDING AN EFFECTIVE DATE Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 45. The Council considered nominating members to the Denton County Housing Finance Corporation. City of Denton City Council Minutes March 6, 2001 Page 16 This item was postponed until the next regular meeting. 46. The Council considered appointments to the Website Task Force. Council Member Kristoferson appointed Vickie McCombs. Council Member Cochran appointed Randy Hunt. Council Member Durrance appointed Joe Ialenti. Council Member Young appointed Robb Bertelsen. Council Member Burroughs appointed Bruce Mitchell. 47. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Young nominated Cory Goury to the Library Board. Young motioned, Cochran seconded to suspend the rules and vote on the nomination at this meeting. On roll vote, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. On roll vote for the nomination, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 48. Items from the City Manager City Manager Jez did not have items for Council. 49. The Council continued their Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 50. Thero 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 open portion of the meeting was.adjourned at 2:20 a.m. 'iP 5WALTI~S'- - ~T~ SE~CRETARY CITY OF DENTON, TEXAS EULINE BROCK, MAYOR CITY OF DENTON, TEXAS 79