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Minutes April 17, 2001117 CITY OF DENTON CITY COUNCIL MINUTES April 17, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, April 17, 2001 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. Council considered the following in Closed Meeting: A. Consultation with Attorney - Under TEX. GOV'T. CODE Section 551.071. (1) 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, April 17, 2001 at 6:00 p.m. in the Council Chambers at City Hall. 1. Pledge of Allegiance The Council and members of the Council recited the Pledge of Allegiance to the U. S. and Texas flags. 2. The Council considered approval of the minutes of March 26 and March 27, 2001. Durrance motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley "aye,, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded unanimously. PRESENTATIONS 3. April Yard of the Month Awards Mayor Brock presented the April Yard of the month awards to: Mr. and Mrs. John Pekrugo The McGuire Family Larry and Nancy Wimberely Bob and Betty Lamm Mildred and James Purser Mr. and Mrs. Willie C. Taylor 118 City of Denton City Council Minutes April 17, 2001 Page 2 Mayor Brock presented the following proclamations: Ao B. C. D. E. Fair Housing Month National Community Development Week Days of Remembrance National Day of Prayer Proyecto Zapotlan Day CITIZEN REPORTS 5. Nell Lights Yeldell regarding utilities at 312 Bradshaw, flood insurance, and minority funds for District 1. Ms. Yeldell stated she had reached an agreement regarding her utilities. She had a concern regarding the flood map in her area as it indicated that she was in the flood plain and she had to pay a higher insurance rate. She asked about the funds that were to come into District 1 for minority business. 6. Ross Melton regarding the City's lawyers, code enforcement, and the Council. Mr. Melton stated that the City was working again on serving his mother in violation of code enforcement regulations. The City did not present proper papers in the suit with mistakes in the paperwork. He again complained about the procedures regarding code enforcement and court procedures. NOISE EXCEPTIONS 7. The Council considered adoption of an ordinance of the City of Denton, Texas pursuant to Section 20-1 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system; and providing an effective date (Relay for Life). Rodney Mitchell, Management Assistant, presented the details of the request for the exception to the noise exception for Relay for Life. This would be for a three-year exception for the event. The following ordinance was considered: NO. 2001-153 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PURSUANT TO SECTION 20-1 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs 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. City of Denton City Council Minutes April 17, 2001 Page 3 11.9 CONSENT AGENDA Council Member Cochran asked that #28 be referred to specifically so that the citizens would know that the City was working on bettering the transportation in the City of Denton. Cochran motioned, Durrance seconded to adopt the Consent Agenda and accompanying ordinances and resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded unanimously. 8. NO. 2001-154 AN ORDINANCE OF THE CITY OF DENTON TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES PERTAINING TO THE CONSTRUCTION PHASE AND POST CONSTRUCTION PHASE FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. NO. 2001-155 AN ORDINANCE OF THE CITY OF DENTON AMENDING AN AGREEMENT DATED AUGUST 15, 2000 RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE AMENDMENT; AND DECLARING AN EFFECTIVE DATE (TXDOT PROJECT NO.: AM2001DNTON; AND TXDOT CSJ NO.: M018DNTON). 10. NO. 2001-156 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER THREE TO A CONTRACT FOR LEASE PURCHASE FINANCING OF PC'S, MONITORS, AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND DELL FINANCIAL SERVICES; PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS, INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (FILE 2495 - DELL FINANCIAL SERVICES AWARDED IN THE AMOUNT OF $943,398 AND CHANGE ORDER ONE IN THE AMOUNT OF $19,656.68 PLUS CHANGE ORDER TWO IN THE AMOUNT OF $337,710.30 AND CHANGE ORDER THREE IN THE AMOUNT OF $64,920) 11. NO. 2001-157 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TEAGUE, NALL AND 12 City of Denton City Council Minutes April 17, 2001 Page 4 PERKINS, INC. FOR THE DESIGN OF HICKORY CREEK ROAD AS SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. (PSA 2670 - PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF HICKORY CREEK ROAD AWARDED TO TEAGUE, NALL AND PERKINS, INC., FOR A TOTAL AMOUNT OF $215,700.00) 12. NO. 2001-158 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN ANNUAL MAINTENANCE AGREEMENT FOR 100 CONCURRENT SOFTWARE LICENSES WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVDING AN EFFECTIVE DATE (PO 13585 - JD EDWARDS IN THE AMOUNT OF $74,800). 13. NO. 2001-159 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF DISPATCH CENTER CONSOLE UPGRADE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PO 10628 - CREATIVE SWITCHING DESIGNS IN THE AMOUNT OF $70,256). 14. NO. 2001-160 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF FIBER OPTIC CABLE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PO 13589 - FMS TECHNOLOGIES, INC. IN THE AMOUNT OF $361,172.48) 15. NO. 2001-161 AN ORDINANCE ACCEPTING COMPETITWE BDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRACTOR. AND UTILITY VEHICLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2628 - TRACTOR AND UTILITY VEHICLES AWARDED TO LAWN LAND IN THE AMOUNT OF $71,435) 16. NO. 2001-162 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE ACQUISITION OF VEHICLE PREVENTWE MAINTENANCE SERVICES (OIL/FILTER); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE 121 City of Denton City Council Minutes April 17, 2001 Page 5 DATE. (BID 2660 - PREVENTIVE MAINTENANCE SERVICES AWARDED TO USA LUBE & TUNE 1N THE ANNUAL ESTIMATED AMOUNT OF $50,000) 17. NO. 2001-163 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRUCKING SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2662 - TRUCKING SERVICES AWARDED TO JAGOE-PUBLIC COMPANY IN THE ESTIMATED AMOUNT OF $56,000) 18. NO. 2001-164 AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK UTILITY BEDS AND BODIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2663 - TRUCK UTILITY BEDS AND BODIES AWARDED AS LISTED IN THE AMOUNT OF $62,560) 19. NO. 2001-165 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRENCHER AND TRAILER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2659 - TRENCHER WITH TRAILER AWARDED TO VERMEER EQUIPMENT OF TEXAS IN THE AMOUNT OF $79,195) 20. NO. 2001-166 AN ORDINANCE APPROVING THE PURCHASE OF A 0.987 ACRE PUBLIC UTILITY EASEMENT AND A 0.400 ACRE TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF DENTON AND MICHAEL AND SANDI REYNOLDS, EASEMENTS LOCATED IN THE S. MCCRACKEN, ABSTRACT NO. 817: AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (LAKE RAY ROBERTS WATER TRANSMISSION LINE PROJECT) 21. NO. 2001-167 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARIE ELIZABETH SASSO RELATING TO THE PURCHASE OF APPROXIMATELY 0.144 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. (PARCEL 16) 122 City of Denton City Council Minutes April 17, 2001 Page 6 22. 23. 24. 25. 26. NO. 2001-168 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND W.H. BOTTOMS AND ETHEL BOTTOMS RELATING TO THE PURCHASE OF APPROXIMATELY 0.046 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. (PARCEL 20) NO. 2001-169 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ALBERT B. GRUBBS AND MARGARET V. GRUBBS RELATING TO THE PURCHASE OF APPROXIMATELY 0.103 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. (PARCEL 21) NO. 2001-170 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CHARLIE M. CUNNINGHAM AND JANIS A. CUNN1NGHAM TRUSTEES OF THE CUNNINGHAM FAMILY TRUST RELATING TO THE PURCHASE OF APPROXIMATELY 0.055 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. (PARCEL 27) NO. 2001-171 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND GERTRUDE HELEN GIBSON, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF DONALD EDWIN GIBSON, RELATING TO THE PURCHASE OF APPROXIMATELY 0.421 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. (PARCEL 31) NO. 2001-172 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AN INTERLOCAL COOPERATION AGREEMENT FOR ROAD CONSTRUCTION FOR LAKEVIEW BOULEVARD BETWEEN THE CITY OF 123 City of Denton City Council Minutes April 17, 2001 Page 7 DENTON AND DENTON COUNTY, TEXAS, ALLOWING PAYMENT OF OVERAGE EXPENSES BY COUNTY; AND PROVDING AN EFFECTIVE DATE. 27. NO. 2001-173 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION UNDER THE NATIONAL SCHOOL LUNCH ACT TO OBTAIN FUNDING FOR THE 2001 SUMMER FOOD SERVICE PROGRAM; IF SUCH FUNDING IS GRANTED, THE CITY MANAGER IS AUTHORIZED TO EXECUTE THE SUMMER FOOD SERVICE PROGRAM AGREEMENT WITH THE TEXAS DEPARTMENT OF HUMAN SERVICES AND EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS REQUIRED; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 28. NO. R2001-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING LEGISLATION THAT WOULD ALLOW THE CREATION OF A COUNTY TRANSPORTATION AUTHORITY, TO PROVIDE PUBLIC TRANSPORTATION AND RELATED TRANSPORTATION SERVICES TO DENTON COUNTY; AND PROVIDING AN EFFECTIVE DATE. 29. NO. 2001-174 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE PAYMENT AND SETTLEMENT OF CLAIMS AND DEBTS, THE ACQUISITION OF PROPERTY, AND OTHER MATTERS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 30. The Council held a public hearing inviting citizens to comment on the City of Denton's 2001 Action Plan for Housing and Community Development. The Mayor opened the public hearing. The following individuals spoke during the public heating: Roy San Miguel, 104 Inman, Denton, 76205 - support for a sewer and drainage project in his area Suzanne Adkins, 1216 Pin Oak Drive, Denton, 76209 - requested continued funding for REACH Program Lee Ann Breading, 1107 Audra, Denton, 76201 - requested continued funding for Denton County Children's Advocacy Center 124 City of Denton City Council Minutes April 17, 2001 Page 8 Melissa Dickenson, 419 Northridge, Denton, 76201 - requested continued funding for REACH Judith Royal, 305 Bluebird Circle, Denton, 76209 - speaking on behalf of Denton Christian Preschool and support for funding 'Lorraine Splatt, 1021 Bayfield, Denton, 76209 - requested continued funding for REACH Program Charlye Heggins, 422 Audra Lane, Denton, 76209 - support in expansion of American Legion Hall Betty Kimble, 809 Lakey Street, Denton, 76205 - support in expansion of American Legion Hall Joan Sieling, 2407 Fair Oaks, Corinth - spoke in support of REACH Program Carolyn Berry, Denton City-County Day School - thanks for funding Sherri Gideon, Director of CASA ~ funding for programs The following individuals presented Speaker Cards: Judy Piatt, 707 Hillcrest, Denton, 76201 - support of REACH Program Carolyn Phillips, 722 Lakey, Denton, 76205 - comments regarding the funding recommendations The Mayor closed the public heating. 31. The Council held the second of two public heating regarding the involuntary annexation and service plan for approximately 46 acres of land in the eastern section of the City of Denton Extraterritorial Jurisdiction (ETJ). The site was generally located on the south side of Blagg Road, approximately 1000' west of Lakeview Boulevard. (,4-01-0002) The Mayor opened the public heating. Jamie Kerns spoke during the public heating. The Mayor closed the public hearing. 32. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 0.2 acres, commonly known as 1808 N. Elm Street, from a General Retail (GR) zoning district to a Planned Development (PD) zoning district. The Detailed Plan proposal was to allow general retail and single family uses on the property. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-Ol-O002) Larry Reichhart, Assistant Director of Planning, stated that the property had been a shoe repair shop with an existing duplex in the back. The property owner wanted to convert the property to single family use to reduce the utility rate from a commercial to a residential rate. The Mayor opened the public hearing. No one spoke during the public heating. The Mayor closed the public heating. City of Denton City Council Minutes April 17, 2001 Page 9 125 The following ordinance was considered: NO. 2001-175 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A DETAILED PLAN/PROJECT PLAN FOR APPROXIMATELY 0.2 ACRES LOCATED WITHIN A GENERAL RETAIL (GR) ZONING DISTRICT; TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR SINGLE FAMILY USES AND GENERAL RETAIL USES; THE SUBJECT PROPERTY BEING LOCATED ON THE EAST SIDE OF ELM STREET, APPROXIMATELY 250' SOUTH OF UNIVERSITY DRIVE; 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. (Z-01- 002) Cochran motioned, Young seconded to adopt the ordinance with the conditions recommended. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded unanimously. 33. The Council held a public heating and considered adoption of an ordinance approving a Project Plan / Detailed Plan for a 21.295 acre tract generally located at the southwest comer of Windsor and Bonnie Brae. The property was in the Planned Development 86 (PD-86) zoning district. A church and parochial school was proposed. The Planning and Zoning Commission recommended approval (7-0) with conditions. (SP-OI-O002) Larry Reichhart, Assistant Director for Planning and Development, stated that this proposal was in compliance with the comprehensive plan. The ordinance would approve the project plan and detailed plan on the southwest comer of Windsor and Bonnie Brae. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-176 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 84-133 TO PROVIDE FOR A DETAILED PLAN/PROJECT PLAN FOR 21.295 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 86 (PD-86) ZONING DISTRICT; THE SUBJECT PROPERTY BEING GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WINDSOR AND BONNIE BRAE; 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-01-0002) 126 City of Denton City Council Minutes April 17, 2001 Page 10 Beasley motioned, Young seconded to adopt the ordinance with the conditions from the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 34. The Council held the first of two public hearings regarding the involuntary annexation and service plan for approximately 122 acres of land in the western section of the City of Denton Extraterritorial Jurisdiction (ETJ). The site was generally located along Masch Branch Road south of Hampton Road north of Highway 380. (A-Ol-O004) Larry Reichhart, Assistant Director for Planning and Development, stated that this was the first of two public heatings for the involuntary annexation and service plan for 122 acres located along Masch Branch Road south of Hampton Road on Highway 380. The Mayor opened the public heating. Patricia Adams, 1710 Westminster, Denton, 76201, spoke for one of the landowners in opposition to the annexation. The Mayor closed the public hearing. Burroughs motioned, Kristoferson seconded to reduce the size of the annexation to a minimum in order to get the 1000 feet for the annexation. 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 35. The Council considered approval of a directive to city planning staff to extend the development code review process and schedule, to improve efforts to respond to citizen and business concerns, and to make corresponding revisions. Dave Hill, Assistant City Manager for Development Services, stated that Council clarified their intent for the Planning and Zoning Commission to complete their review of the Development Code and committed to one more public hearing. Staff was suggesting that Council direct staff to prepare a timetable and plan of action for future consideration of the Code. Additional issues to consider were strategies regarding public meetings and the need to address unresolved issues; a draft time frame summarizing how to incorporate additional public participation in the overall review process; a determination of the proper sequence and review of formal action of all of the components of the code, a red line document for changes of the document; a procedure to make sure revisions to Denton Plan were consistent with the Denton Code. An option for Council consideration was to grant time for the Planning and Zoning Commission to complete map revision con~id~ration~ or to have Council do tho~ revisions. Council Member Burroughs suggested Council address as many as possible of the questions dealing with the land use map and the Planning and Zoning Commission review the text. Separate public hearings could be held on the land use map and on the text. City of Denton City Council Minutes April 17, 2001 Page 11 Hill stated that it would be hard to distinguish between the land use definitions and the text as they were interrelated. Mayor Brock expressed a concerned about the Council taking over the map portions. She felt the Council needed to respect the Planning and Zoning Commission opinions and recommendations with regards to the map. Mayor Pro Tem Beasley felt there was a need for a Council strategy to consider working on the document. She did not want to rush through the process and felt that there was a need to have more public meetings after the Planning and Zoning Commission considered the document and after there was one completed draft document to consider. Mayor Brock suggested that before any more public hearings were held that there be an amended map for individuals to examine. Council Member Durrance suggested specific times when Council would begin working on the text portion. 36. The Council considered adoption of an ordinance authorizing the City of Denton, Texas to select San Nicolas de Los Garza, Nuevo Leon, Mexico, as it's official Sister City within the program guidelines of Sister Cities International, and authorizing the City Manager to take other action consistent with this ordinance; and providing an effective date. The following ordinance was considered: NO. 2001-177 AN ORDINANCE AUTHORIZING THE CITY OF DENTON, TEXAS TO SELECT SAN NICOLAS DE LOS GARZA, NUEVO LEON, MEXICO, AS IT'S OFFICIAL SISTER CITY WITHIN THE PROGRAM GUIDELINES OF SISTER CITIES INTERNATIONAL, AND AUTHORIZING THE CITY MANAGER TO TAKE OTHER ACTION CONSISTENT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Burroughs 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 carded unanimously. 37. The Council considered adoption of an ordinance approving a commercial operator airport lease agreement between the City of Denton and Triangle Aviation, Inc.; and providing an effective date. 127 The following ordinance was considered: 128 City of Denton City Council Minutes April 17, 2001 Page 12 NO. 2001-178 AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND TRIANGLE AVIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried with a 6-1 vote. 38. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding and Improvement Bonds, Series 2001, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. Diana Ortiz, Director of Fiscal Operations, reviewed the results of revenue refunding and improvement bonds for city. The bonds would provide funds for water and wastewater drainage projects and electric utility projects. Dave Medanich, First Southwest Company, stated that the interest rate on the bonds would be 5.001% and recommended the firm of Dane Roucher. The following ordinance was considered: NO. 2001-179 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2001, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young 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 carded unanimously. 39. The Council considered approval of an exaction variance from Section 34-124(d)1, drainage facilities, concerning proposed channel improvements, of the Subdivision and Land Development Regulations for a 100 acre property generally located on northwest comer of Airport Road and Precision Drive. The site was in a Light Industrial (LI) zoning district. The combination of two lots into one lot was proposed. The Planning and Zoning Commission recommended approval of the variance with conditions (6-0). (V-01-0003) Larry Reichhart, Assistant Director for Planning and Development, stated that Peterbilt had purchased property to the north of their existing plant and wanted to combine the two pieces of property into one lot. There was no development proposed for the property at this time. The current subdivision regulations required all improvements at this time. The Planning and Zoning 129 City of Denton City Council Minutes April 17, 2001 Page 13 Commission had recommended a condition to have the public improvements done at the time of development. Cochran motioned, Burroughs seconded to approve the variances associated with Item #39, #40 and #41 with the conditions recommended by the Planning and Zoning Commission. Jim Fykes from Peterbilt spoke regarding the variances. On roll vote for approval of Items #39, #40, and #41, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded unanimously. 40. The Council considered approval of an exaction variance from Section 34-114(5) and Section 34-114(17), required extensions, concerning perimeter paving and sidewalks, of the Subdivision and Land Development Regulations for a 100 acre property is generally located on northwest comer of Airport Road and Precision Drive. The site is in a Light Industrial (LI) zoning district. The combination of two lots into one lot was proposed. The Planning and Zoning Commission recommended approval of the variance with conditions (6-0). (V-01-0010) This item was considered with Item #39. 41. The Council considered approval of an exaction variance from Section 34-118(a)1, required extensions, concerning proposed water and sewer lines, of the Subdivision and Land Development Regulations for a 100 acre property is generally located on northwest comer of Airport Road and Precision Drive. The site was in a Light Industrial (LI) zoning district. The combination of two lots into one lot is proposed. The Planning and Zoning Commission recommended approval of the variance with conditions (6-0). (V-01-0009) This item was considered with Item #39. 42. The Council considered and took action on a request for relief from the Non-Residential Interim Zoning Regulations, Ordinance 2000-069 for a 9.6 acre property generally located north of Spencer Road and 900 feet east of Woodrow Lane. The property was in Light Industrial (LI) zoning district. A Denton Municipal Electric Substation was proposed. (RN-OI-O003, Spencer Road Addition) Kristoferson motioned, Burroughs seconded to approve the request for reliefi 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 approval of a resolution approving a Project Plan for approximately 4 acres, in a General Retail (GR) zoning district, generally located at the northwest comer of University and Carroll Boulevard. An expansion of the existing Kroger store with related site and access improvements was proposed. (SP-OI-O006) The following resolution was considered: 1 3 0Cityo Denton April 17, 2001 Page 14 City Council Minutes NO. R2001-015 CITY OF DENTON, TEXAS, APPROVING A A RESOLUTION OF THE NONRESIDENTIAL PROJECT PLAN FOR KROGER EXPANSION, BEING AN APPROXIMATE 4.0 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF UNIVERSITY (US 380) AND CARROLL BOULEVARD, AND PROVIDING FOR AN EFFECTIVE DATE. (SP-01-0006, KROGER EXPANSION) Cochran motioned, Burroughs seconded to approve the resolution. Tim McNamara spoke regarding the resolution. 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 considered appointments to the Racial Profiling Task Force. Council Member Kristoferson appointed Gilbert Martinez. Mayor Pro Tem Beasley appointed Martha Guerra. Council Member Young appointed Ruby Cole. 45. The Council did not make any nominations and appointments to the City's Boards and Commissions. 46. New Business There were no items of New Business suggested by Council Members for future agendas. 47. Items from the City Manager A. Notification of upcoming meetings and/or conferences B. Clarification of items on the agenda Interim City Manager Martin 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 the completion of the Regular Meeting, the Council convened in a Work Session. 1. The Council received a report, held a discussion, and gave staff direction regarding possible commencement of annexation proceedings for a portion of the Hunter Ranch property, comprising approximately 2,301.3 acres. The property was located on the west side of IH-35W, between Crawford Road and FM 2499. City of Denton City Council Minutes April 17, 2001 Page 15 Dave Hill, Assistant City Manager for Development Services, stated that there was a development proposal in the ETJ area of the city. The applicant had expressed a desire drill a natural gas well field development. Ike Shupe, representing the development, stated that they were not interested in annexation. Kristoferson motioned, Beasley seconded to move forward with the annexation. Consensus of the Council was to proceed with the annexation. With no further business, the meeting was adjourned at 9:40 p.m. CITY OF DENTON, TEXAS EULINE BROCK, MAYOR CITY OF DENTON, TEXAS