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Minutes July 17, 2001CITY OF DENTON CITY COUNCIL MINUTES July 17, 2001 233 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting of the City of Denton City Council on Tuesday, July 17, 2001, at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tern Beasley; Council Members Burroughs, Fulton, McNeill, Phillips, and Redmon. ABSENT: None 1. The following items were considered in Closed Meeting: Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Receipt of legal advice from the City Attorney regarding the award of Special Commissioners and Procedural Options in condemnation proceeding styled The State of Texas and City of Denton, Texas v. Koshrow Sadeghian, Cause No. ED-2001-00356 pending in the Probate Court of Denton County, Texas. Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072. Deliberated the purchase and value of real property easement interests, comprising sixteen parcels located in the D. Lambert Survey, Abstract No. 784 and the G. Walker Survey, Abstract No. 1330 as follows: 0.724 acre, 0.4 acre, 0.429 acre, 0.104 acre, 1.891 acre, 0.18 acre, 0.3029 acre, 0.93 acre, 0.309 acre, 0.032 acre, 0.08 acre, 0.008 acre, 0.063 acre, 0.006 acre, 0.025 acre, and 0.062 acre all in Denton County, Texas; which acquisitions are for a public purpose; (Colorado/Mayhill/Edwards Realign Project) Regular Meeting of the City of Denton City Council on Tuesday, July 17, 2001 at 6:00 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. PRESENTATIONS 2. Mayor Brock presented the July Yard of the Month Awards James and Cheryl Gillespie Jim and Emma Perry George Burlage Greg and Denice Bielat Betty Foster 234 City of Denton City Council Minutes July 17, 2001 Page 2 Richard and Sharon Williams Mary Ann Fortenberry & Margaret Duncan Denton Lawn Sprinkler 3. Keep Texas Beautiful Awards for Denton Lancine Bentley, Keep Denton Beautiful, presented the awards to the Mayor and Council. 4. Presentation of the Distinguished Budget Presentation Award for the City of Denton FY2000-2001 Budget by the Government Finance Officers Association (GFOA). Charles Cox representing the National Government Finance Officers Association, made the presentation to the Mayor and members of the Council. CITIZEN REPORTS 5. Joe Pinson regarding garbage collection. Mr. Pinson was not present at the meeting. 6. Tom Atkins regarding City Health Insurance. Mr. Atkins stated he had a concern regarding the process involved in the bidding for the City's health insurance program. He felt that there could be a better way to do business and save the City many dollars in costs. He suggested putting out another RFP that would provide enough information for insurance agents to bid on the program. 7. Gerald DeMarsh regarding procedures at the Police Department. Mr. DeMarsh was not present at the meeting. NOISE EXCEPTIONS 8. The Council considered adoption of an ordinance granting a three-year exception, pursuant to Section 20-1(c)(2) of the Code of Ordinances (Noise Nuisances), to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system for the North Texas State Fair Association. Troy LaGrone, 529 Magnolia, Denton 76201 - spoke in favor of the request. The following individuals presented speaker Cards: Lloyd Ballard, 2717 Hartlcy Court, Denton, 76208 - favor Wayne Johnson, 205 N. Elm, Denton - favor Mickey Blagg, 1501 Amherst, Denton - favor Shelley McDonald, 2505 Pieadilly, Denton 76209 - favor Bill Allen, 2305 Picadilly, Denton 76209 - favor 235 City of Denton City Council Minutes July 17, 2001 Page 3 The following ordinance was considered: NO. 2001-227 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(c)(2) 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. Fulton motioned, Redmon seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. CONSENT AGENDA Mayor Brock indicated that Item #33 had been pulled from consideration. Burroughs motioned, McNeill seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 9. NO. 2001-228 AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 2000-247 TO ADD A SCHOOL ZONE FOR WAYNE RYAN ELEMENTARY SCHOOL; DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONE TO A SPEED FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND TRANSPORTATION DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS; PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. 10. NO. R2001-033 A RESOLUTION APPROVING THE FISCAL YEAR 2002 FINANCIAL PLAN OF THE DENCO 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. 11. NO. 2001-229 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF TASK ORDER NO. 01-C WITH R. J. COVINGTON CONSULTING FOR 236 City of Denton City Council Minutes July 17, 2001 Page 4 SERVICES RELATING TO TRANSITION SERVICES FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 12. NO. 2001-230 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND WYNNE/JACKSON LAKES DEVELOPMENT, L. P. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 13. NO. 2001-231 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND WY'NN/$ACKSON LAKES DEVELOPMENT L.P. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER MAINS AND MANHOLES AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 14. This item was pulled from consideration. 15. NO. 2001-232 AN ORDINANCE AMENDING ORDINANCE NO. 2000-428 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 16. NC. R2001-034 A RESOLUTION NAMING THE TENNIS COURTS IN AVONDALE PARK AFTER MABEL CRAVEN; AND DECLARING AN EFFECTIVE DATE. 17. NC. R2001-035 A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING TO CONSIDER ESTABLISHING REINVESTMENT ZONE IV FOR SALLY BEAUTY COMPANY, INC.; RATIFYING PRIOR ACTIONS; AND DECLARING AN EFFECTIVE DATE. 18. NC. R2001-036 City of Denton City Council Minutes July 17, 2001 Page 5 23'7 19. 20. 21. 22. 23. 24. A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING TO CONSIDER ESTABLISHING A REINVESTMENT ZONE V FOR PETERBILT MOTORS COMPANY, A DIVISION OF PACCAR, INC.; RATIFYING PRIOR ACTIONS; AND DECLARING AN EFFECTIVE DATE. NO. R2001-037 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 2000 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 2000 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1990, AS AMENDED, AND PROVIDING AN EFFECTIVE DATE. NO. 2001-233 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN THE AMOUNT OF $7,500.00 (SEVEN THOUSAND FIVE HUNDRED DOLLARS) WITH THE BOYS & GIRLS CLUBS OF DENTON COUNTY TO PROVIDE A SUMMER DAY CARE PROGRAM TO YOUTH AGES 6-12 LIVING IN SOUTHEAST DENTON, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. NO. R2001-038 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE 2002 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Approved a tax refund to Ruby Tuesday Inc. in the amount of $1,378.61. The 2000 property tax was paid twice. Approved a tax refund to Andrew Velayos Etal in the amount of $1,386.75. The 2000 property tax was paid twice. NO. 2001-24 AN ORDINANCE PROVDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF REPAIRS TO #5-1 BOILER FEED PUMP MOTOR IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 15758 TO SHERMCO INDUSTRIES, INC. IN THE AMOUNT OF $31,798). 25. NO. 2001-235 23.8 City of Denton City Council Minutes July 17, 2001 Page 6 26. 27. 28. 29. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL POWER AGENCY (TMPA) AND AWARDING A CONTRACT FOR THE PURCHASE OF ERCOT POLLED SETTLEMENT METERS (EPS) FROM TMPA; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 14506 - TMPA IN THE AMOUNT OF $77,680.23). NO. 2001-236 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF OFFICE FURNITURE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2653 - INTERLOCAL AGREEMENT FOR FURNITURE WITH DENTON COUNTY, CONTRACT AWARDED TO MCKINNEY OFFICE SUPPLY, PURCHASE ORDER 15648 IN THE AMOUNT OF $90,694.12). NO. 2001-237 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO 17,500 LB GROSS VEHICLE WEIGHT CAB CHASSIS AND ONE '/2 TON PICKUP; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2676 - FLEET VEHICLES AWARDED TO THE LOWEST BIDDER VILLAGE FORD IN THE TOTAL AMOUNT OF $82,594). NO. 2001-238 AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PRINTING, TYPESETTING, DISTRIBUTION AND ADVERTISEMENT SALES FOR THE PARKS AND RECREATION DEPARTMENT'S PLAY SEASONAL BROCHURE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BD 2681 - PARKS & RECREATION SEASONAL BROCHURE AWARDED TO THE LOWEST BIDDER FOR EACH SECTION IN THE GROSS AMOUNT OF $36,662 LESS $12,000 (ESTIMATE AD REVENUE) FOR A NET ESTIMATED COST OF $24,662). NO. 2001-239 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MANHOLE EPOXY COATING EQUIPMENT AND TRAILER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2682 - MANHOLE EPOXY COATING EQUIPMENT AND TRAILER AWARDED TO THE LOWEST BIDDER, RAVEN LINING SYSTEMS IN THE AMOUNT OF $96,000). 239 City of Denton City Council Minutes July 17, 2001 Page 7 30. NO. 2001-240 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2684 - GASOLINE AND DIESEL FUEL IN THE ESTIMATED AMOUNT OF $1,200,000). 31. NO. 2001-241 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 2001-210 AUTHORIZING THE PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN CONDEMNATION PROCEEDING STYLED THE STATE OF TEXAS AND CITY OF DENTON, TEXAS V. TEX MORGAN MARTIN, CAUSE NO. ED-2000-01211, iN AN AMOUNT NOT TO EXCEED $39,990. 32. NO. 2001-242 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN CONDEMNATION PROCEEDING STYLED THE STATE OF TEXASAND CITY OF DENTON, TEXAS V. KOSHROW SADEGHIAN, CAUSE NO. ED-2001-00356. 33. This item was pulled from consideration. 34. Approved a request for relief from the Non-Residential Interim Zoning Regulations, Ordinance 2000-069 for a 0.25 acre property located at 1604 North Elm. The property was in a General Retail (GR) zoning district. A Planned Development (PD) zoning district to allow residential and office/retail uses was proposed. (RN-OI-O007) 35. NO. 2001-243 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C., FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS, IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 36. A. The Council considered adoption of an ordinance on second reading to involuntarily annex approximately 46 acres of land generally located south of Blagg Road, 240' City of Denton City Council Minutes July 17, 2001 Page 8 approximately 1000' west of Lakeview Boulevard in the eastern section of the City of Denton Extraterritorial Jurisdiction (ETJ). (A-Ol-O002) Doug Powell, Director of Planning and Development, that the Planning and Zoning Commission had approved both the annexation and the zoning. The proposed zoning was agricultural at this point in time which would allow for only acre lots for development. The following ordinance was considered: NO. 2001-244 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 46 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF BLAGG ROAD, APPROXIMATELY 1200' WEST OF LAKEVIEW BOULEVARD IN THE M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A01-0002) Beasley motioned, Redmon seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public heating and considered adoption of an ordinance approving the zoning, upon annexation, of approximately 46 acres of land, to an Agriculture (A) land use classification and zoning district. The site was generally located on the south side of Blagg Road, approximately 1000' west of Lakeview Boulevard. The Planning and Zoning Commission recommended approval (7-0). (Z-Ol-O004) 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. 2001-245 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING APPROXIMATELY 46 ACRES OF LAND CONTIGUOUS AND ADJACENT OT THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF BLAGG ROAD, APPROXIMATELY 1000' WEST OF LAKEVIEW BOULEVARD IN THE M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS TO THE AGRICULTURAL (A) ZONING DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF AND PROVIDING FOR AN EFFECTIVE. 241 City of Denton City Council Minutes July 17, 2001 Page 9 Beasley motioned, Fulton seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 37. The Council held the first of two public hearings regarding a proposed voluntary annexation and service plan for approximately 72.3 acres of land in the northern section of the City of Denton Extraterritorial Jurisdiction (ETJ). The site was generally located north of Loop 288, east of Stuart Road and west of Sherman Drive. (A-OI-O001) Doug Powell, Director of Planning and Development, stated that this was a voluntary annexation by the DISD for a school facility with the aquatic center as a joint project with the city. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was required at this meeting. 38. The Council held a public hearing and considered adoption of an ordinance rezoning a 5.0 acre property from a One-Family Dwelling (SF-10) zoning district to a Planned Development (PD) zoning district and approving a Detailed Plan for that purpose. The property was generally located west of Old North Road approximately 200 feet south of Foxcroft Lane. A single-family subdivision was proposed. The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-00-0023) Doug Powell, Director of Planning and Development, stated that this project was infilling a vacant site on Old North Road. The Planning and Zoning Commission had conditionally approved the proposal with 2 conditions. The Mayor opened the public hearing. Alan Bucel, representing the developer - favor Jay Thomas, 3301 Cooper Branch East, Denton, 76202 - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-246 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM ONE FAMILY DWELLING (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5.0 ACRES OF LAND GENERALLY LOCATED ON THE WEST SIDE OF OLD NORTH ROAD APPROXIMATELY 200 FEET SOUTH OF FOXCROFT LANE, TO ALLOW FOR A DEVELOPMENT OF SINGLE FAMILY HOMES; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM 242 City of Denton City Council Minutes July 17, 2001 Page 10 AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-00-0023) McNeill motioned, Redmon seconded to adopt the ordinance with the Planning and Zoning Commission's conditions. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 39. The Council held a public hearing and considered adoption of an ordinance approving an amended Concept Plan for the Planned Development 173 (PD-173) zoning district. The 2,725 acre property was generally located north of Robson Ranch (formerly Crawford) Road, south of Lively Road, and east of Florence Road and is commonly known as the Robson Ranch development. An amendment to permit the drilling and extraction of natural gas on the Robson Ranch development and to modify landscaping requirements was proposed. The Planning and Zoning Commission recommended approval (4-2) with conditions. (Z-Ol-O007) Doug Powell, Director of Planning and Development, stated that 20 gas well park sites were indicated for the proposal. These parks would have several gas wells in each park to allow for the extraction of the gas. The development was having difficulty reaching the tree requirement of 15 trees per acre due to the golf courses and baseball diamonds. He stated that the developer had committed to continue to plant for the developed part of the development but was seeking relief for the open space for the golf courses, etc. The Mayor opened the public heating. Steve Soreano, Robson Communities - spoke in favor and provided these noted guarantees: the gas company would be responsible for any damage to the roads due to truck traffic, water storage would be on site for the drilling to reduce the heavy trucks bringing in water for the drilling, and drilling rigs would be on site so that the company would not have to go in and out with them. When wells were tapped out, the gas parks would remain green space and parks - no homes would be built on those sites. The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-247 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99-265, TO CHANGE THE PERMITTED LAND USES FOR THE PLANNED DEVELOPMENT 173 (PD-173) ZONING DISTRICT AND LAND USE CLASSIFICATION TO ALLOW THE DRILLING, COMPLETING, OPERATING, REWORKING, RECOMPLETING AND PRODUCING OF NATURAL GAS AND TO AMEND THE LANDSCAPING REQUIREMENTS FOR THE DEVELOPMENT; SAID PD-173 CONTAINS APPROXIMATELY 2,275 ACRES AND IS COMMONLY KNOWN AS ROBSON RANCH; 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-01-007) Beasley motioned, McNeill seconded to adopt the ordinance with the conditions forwarded by the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Fulton 24,3 City of Denton City Council Minutes July 17, 2001 Page 11 "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unarfimously. 40. The Council held a public heating and considered adoption of an ordinance rezoning 0.41 acres, commonly known as 1414 Elm Street, from an Office (O) zoning district to a General Retail conditioned (GR[c]) zoning district. General retail uses were proposed. The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-Ol-O014) Doug Powell, Director of Planning and Development, stated that this was a city initiated request changing the zoning from residential to office to commercial. This was in a mixed-use area of the city and the owner wanted to use the property for retail zoning use. No buildings would be added. The Mayor opened the public heating. The following individuals spoke during the public heating: Bob Crouch, 801 N. Locust, Denton, 76201 - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-248 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM OFFICE (O) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.41 ACRES OF LAND COMMONLY KNOWN AS 1414 ELM STREET GENERALLY LOCATED 150 FEET NORTH OF THE INTERSECTION OF ELM STREET AND THIRD STREET AND LEGALLY DESCRIBED AS LOT 3, BLOCK 1, OF THE NORTHSIDE ADDITION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PAN EFFECTIVE DATE. (Z-01-0014) Fulton motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 41. The Council held a public heating and considered adoption of an ordinance amending Subsection 35-7(b)(3)b.1 of the Denton Code of Ordinances to eliminate the mandatory period for referring a zoning case from the Planning and Zoning Commission to the City Council after a Planning and Zoning Commission recommendation. The Planning and Zoning Commission recommended approval (5-0). (Z-01-0023) Doug Powell, Director of Planning and Development, stated that approval of this ordinance would eliminate the mandatory time period for referring a zoning case from the Planning and Zoning Commission to the City Council after a recommendation from the Commission. The Mayor opened the public hearing. 244 City of Denton City Council Minutes July 17, 2001 Page 12 No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-249 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO SUBSECTION 35-7(b)(3) b.1 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO ELIMINATE THE MANDATORY TIME PERIOD FOR REFERRING A ZONING CASE FROM THE PLANNING AND ZONING COMMISSION TO THE CITY COUNCIL AFTER A PLANNING AND ZONING COMMISSION RECOMMENDATION; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-01-0023) Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 42. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 0.54 acres, commonly known as 2400 E. University, from a Planned Development (PD-14) zoning district to a Commercial (C) zoning district. Retail and commercial uses were proposed. The Planning and Zoning Commission recommended approval (5-0). (Z-Ol-O018) Doug Powell, Director of Planning and Development, stated that the existing site was PD-14 with one land use listed for a drive through grocery store. The owner of the property wanted to use the property for purposes other than a drive-in grocery store so a change the zoning was needed. The change would zone the property to a straight commercial district. No improvements or expansion of the building was proposed - only tenant build out inside the existing building. 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. 2001-250 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FOR 2400 E. UNIVERSITY DRIVE LOCATED WITHIN PLANNED DEVELOPMENT (PD-14) ZONING DISTRICT; TO CHANGE TO A COMMERCIAL (C) DISTRICT; THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF UNIVERSITY EAST OF NOTTINGHAM DRIVE AND WEST OF OLD NORTH ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM City of Denton City Council Minutes July 17, 2001 Page 13 AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Redmon motioned, Fulton seconded to adopt the ordinance as submitted. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 43. The Council held a public hearing and considered adoption of an ordinance establishing maximum permitted rates and charges that TXU Gas Distribution may assess residential and commercial customers in the City of Denton, approving rates for industrial customers in the City of Denton established by contract between TXU Gas Distribution and such industrial customers; adopting declarations and findings related to rates and charges assessed to residential, commemial and industrial customers in the City of Denton; repealing Ordinance No. 99-059; providing a severability clause; and providing an effective date. Mayor Brock left the meeting with a potential conflict of interest. The Mayor Pro Tern opened the public hearing. The following individual spoke during the public heating: Steve Taylor, TXU Gas - favor The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2001-251 AN ORDINANCE ESTABLISHING MAXIMUM PERMITTED RATES AND CHARGES THAT TXU GAS DISTRIBUTION MAY ASSESS RESIDENTIAL AND COMMERCIAL CUSTOMERS IN THE CITY OF DENTON, APPROVING RATES FOR INDUSTRIAL CUSTOMERS IN THE CITY OF DENTON ESTABLISHED BY CONTRACT BETWEEN TXU GAS DISTRIBUTION AND SUCH INDUSTRIAL CUSTOMERS; ADOPTING DECLARATIONS AND FINDINGS RELATED TO RATES AND CHARGES ASSESSED TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS IN THE CITY OF DENTON; REPEALING ORDINANCE NO. 99-059; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Redmon motioned, McNeill seconded to adopt the ordinance as amended. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. Mayor Brock returned to the meeting. ITEMS FOR INDIVIDUAL CONSIDERATION 246 City of Denton City Council Minutes July 17, 2001 Page 14 44. The Council considered and took action on a request for relief from the Residential Interim Zoning Regulations, Ordinance 2000-046 for a 95.6-acre property generally located east of Bonnie Brae and west of Highway 377. The property was in an Agricultural (A) zoning district. A single-family subdivision was proposed. (RR-OI-OOOD Doug Powell, Director of Planning and Development, stated that existing regulations would require higher density rezoning than what was proposed. Charles Jowell, 1812 Woodridge, Arlington, 76013 spoke in favor. Burroughs motioned, Beasley seconded to approve the request with limitations with regards to not preclude zoning considered up to 258 units per acre and a removal of the traffic impact analysis study. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 45. The Council considered approval of a resolution approving a Non-residential Project Plan request for a 1.32-acre property located on the north side of Colorado east of San Jacinto. A car wash and car service center was proposed. (SP-O0-O010) Doug Powell, Director of Planning and Development, stated that this was a project plan for an infill site that had been recommended for approval by the Development Review Committee. Craig Liebendorfer, 4725 Nall Road, Dallas, 75244 spoke in favor. The following resolution was considered: NO. R2001-039 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A NONRESIDENTIAL PROJECT PLAN FOR A CAR WASH AND VEHICLE SERVICE CENTER, BEING AN APPROXIMATELY 1.32 ACRE SITE LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD EAST OF SAN JACINTO; AND PROVIDING FOR AN EFFECTIVE DATE. (SP-00-0010) Redmon motioned, McNeill seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 46. Announcement of Council Member Raymond Redmon's conflict of interest in the Community Development Block Grant Program through participation in the Rental Rehabilitation Program in accordance with the requirements of 24 CFR 570.611. Council Member Redmon read the following Public Disclosure Statement: "The United States Department of Housing and Urban Development (HUD) has notified the City of Denton that it has been awarded Community Development Block Grant Funds, a portion of which are used to assist owners and recipients to rehabilitate buildings to be City of Denton City Council Minutes July 17, 2001 Page 15 rented to low to moderate income persons. I, Raymond Redmon, prior to becoming a City Councilmember was and am presently a participant in the Rental Rehabilitation Program and am the owner of the buildings to be rehabilitated. HUD has determined this to be a conflict of interest. The City of Denton is in the process of asking HUD for an exception to this conflict. One of the threshold requirements for an exception to the conflict is that the conflict be publicly disclosed in accordance with 24 CFR Section 570.611.(d)(1). In order to meet this public disclosure requirement I, Raymond Redmon, am hereby making this public disclosure as a part of the City's request for an exception from these conflict of interest provisions. I request that the City Secretary record this statement in the minutes of this meeting." 47. The Council considered nominations and appointments to the City's Boards and Commissions. McNeill motioned, Fulton seconded to approve the nominations made at the previous meeting. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. Council made further nominations to the boards and commissions as noted in Attachment A. Council discussed the boards and commissions that had more than seven members and decided to assign one council member per board and designate the remaining positions as "at-large" positions for nomination by all council members. 48. New Business The following items of New Business were suggested by Council for future agendas: A. Mayor Pro tem Beasley requested a work session to discuss cars parked on vacant lots with sale signs on them. B. Council McNeill requested a procedure be look at for having committee reports brought to Council. C. Council Member McNeill requested a discussion regarding the Krum annexation. D. Council Member McNeill requested a discussion on economic development issues. E. Council Member McNeill suggested developing a procedure for more complete PUB minutes and votes from the PUB for their review on items. F. Council Member Redmon questioned who owned the rails-to-trails property and the right-of-way. 248 City of Denton City Council Minutes July 17, 2001 Page 16 G. Council Member Redmon requested a discussion regarding future mobility plans and transportation. H. Council Member Redmon requested a discussion on the impact fee structure. I. Council Member Fulton requested information when the new LINK system routes would begin. 49. Items from the City Manager A. Notification of upcoming meetings and/or conferences B. Clarification of items on the agenda C. Recognition of staff accomplishments City Manager Conduff indicated that staff had prepared a video regarding staff accomplishments. 50. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 51. 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 adjoumed at 10:20 p.m. CITY OF DENTON, TEXAS EULINE BROCK, MAYOR CITY OF DENTON, TEXAS Attachment A BOARDS/COMMISSION NOMINATIONS AIRPORT ADVISORY BOARD Dist Current Member Nomination Term Council Richard Franco 1 Hal Jackson 1999-01 Redmon Approved 7/17 2 Rick Woolfolk Larry Luce 1999-01 Fulton Approved 6/26 6 Don Smith Don Smith 1999-01 Burroughs 4 Joe Roy Edward Adcock 2000-02 McNeill 249 ANIMAL SHELTERADVISORY COMMITTEE Dist Current Member Nomination Term Council Susan Weinkein 7 Bob Rohr 1999-01 Brock Approved 6/26 1 VACANT** Trisha Barrington 2000-02 Redmon 3 Lynn Stucky 1999-01 Phillips Jennifer Walters 4 Jennifer Walters 1999-01 McNeill Approved 6/26 **(.person who works in daily operation of animal shelter) COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Dist Current Member Nomination Term Council Harry Bell 1999-01 Redmon 1 Harry Bell Approved 6/26 2 Pat Colonna 1999-01 Fulton Hank Dickenson 4 Diane Crew 1999-01 McNeill Approved 6/26 6 Peggy Fox 1999-01 Burroughs CONSTRUCTION ADVISORY & APPEALS BOARD Dist S~vecialty Current Member Nomination Term Council 1 General Contractor Bill Redmon 1999-01 Redmon 3 General Contractor Jay Thomas 1999-01 Phillips Scott Richter 5 General Contractor Scott Richter 1999-01 Beasley Approved 7/17 6 Rep. from electrical industry Doug Grantham 1999-01 Burroughs Rep. from Frank Cunningham Frank Cunningham 1999-01 Brock 7 plumbing industry Approved 6/26 250 DENTON HOUSING AUTHORITY Seat Current Member Nomination Term Council 7 Rosemary Rodriguez 1999-01 Brock 7 Katie Flemming 1999-01 Brock 7 Mark Chew 1999-01 Brock HISTORIC LANDMARK COMMISSION Dist Current Member Nomination Term Council 2 Lanelle Blanton 1999-01 Fulton 4 Barry Vermillion Bob Montgomery 1999-01 McNeill 5 Peggy Capps Peggy Capps 1999-01 Beasley 6 John Baines 1999-01 Burroughs 1 Vacant Mildred Hawk 1999-01 Redmon 3 Steve Johansson 1999-01 Phillips HUMAN SERVICES ADVISORY COMMITTEE Dist Current Member Nomination Term Council 4 Audrey Bryant Carol Bounds 1999-01 McNeill 5 James McDade James McDade 1999-01 Beasley Mae Nell Shephard 1999-01 Redmon 1 Mae Nell Shephard Approved 6/26 3 Betty Tomboulian Betty Tomboulian 1999-01 Phillips 5 Peggy Kelly Peggy Kelly 1999-01 Beasley 6 Kent Miller 1999-01 Burroughs 7 Elinor Hughes Elinor Hughes 1999-01 Brock LIBRARY BOARD Dist Current Member Nomination Term Council Ken Ferstl 5 Ken Ferstl 1999-01 Beasley Approved 7/17 6 Adrienne Norris Adrienne Norris 1999-01 Burroughs 2 Carroll Trail Judy Deck 1999-01 Fulton Approved 6/26 251 PARKS, RECREATION AND BEAUTIFICATION BOARD Dist Current Member Nomination Term Council Don Edwards 5 Don Edwards 1999-01 Beasley Approved 7/17 6 Teresa Andress Teresa Andress 1999-01 Burroughs 7 Dalton Gregory Dalton Gregory 1999-01 Brock Approved 6/26 Shalaura Logan 1999-01 Redmon 1 Gwendolyn Carter Approved 6/26 Geri Aschenbrenner 4 Vacant 2000-02 McNeill Approved 7/17 PLANNING AND ZONING COMMISSION Dist Current Member Nomination Term Council Susan Apple 4 Elizabeth Gourdie 1999-01 McNeill Approved 7/17 Joe Roy 1999-01 Brock 7 Susan Apple Approved 6/26 1 Carl Williams Bob Powell 1999-01 Redmon Bill Keith 2 Rudy Moreno Approved 6/26 1999-01 Fulton PUBLIC UTILITIES BOARD Dist Current Member Nomination Term Council 6 Charldean Newell Charldean Newell 1997-01 Burroughs 2 VACANT Bill Cheek, Jr. 1999-03 Fulton Approved 6/26 TMPA BOARD OF DIRECTORS Seat Current Member Nomination Term Council Perry McNeill 0 Sandy Kristoferson 1999-01 ALL Approved 7/17 TRAFFIC SAFETY COMMISSION Dist Current Member Nomination Term Council 3 Marshall Smith John Ryan 1999-01 Phillips 4 Michael Monticino Murray Ricks 1999-01 McNeill Pat Cheek 7 Pat Cheek 1999-01 Brock Approved 6/26 252 ZONING BOARD OF ADJUSTMENT Dist Current Member Nomination Term Council 3 Greg Muirhead John Johnson 1999-01 Phillips 6 ByronWoods 1999-01 Burroughs 7 John Johnson James Kirkpatrick 1999-01 Brock Approved 6/26 Tom Reece 1 Tom Reece 1999-01 Redmon Approved 6/26 Grant Jacobson 4 Jon Bergstrom 1999-01 McNeill Approved 6/26 0 Grant Jacobson (Alt. l) 1999-01 ALL David Gumfory 1999-01 ALL 0 James Kirkpatrick (Alt. 2) Approved 6/26 0 David Gumfory (Alt. 3) 1999-01 ALL