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Minutes August 21, 2001358 CITY OF DENTON CITY COUNCIL MINUTES AUGUST 21, 2001 Special Called Meeting of the City of Denton City Council on Tuesday, August 21, 2001 at 5:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; MayOr Pro Tem Beasley; Council Members Burroughs, Fulton, McNeill, Phillips, and Redmon. ABSENT: None 1. The Council considered approval of a resolution of appreciation for retiring Board/Commission members. Beasley motioned, Burroughs seconded to approve the resolution of appreciation. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", MeNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. CITY OF DENTON, TEXAS EULINE BROCK, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 21, 2001 359 After determining that a quorum was present, the City Council convened in a Regular Meeting on Tuesday, August 21, 2001 at 6:00 p.m. in the Council Chambers. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, McNeill, Phillips and Redmon. ABSENT: None 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. August Yard of the Month Awards Mayor Brock presented Yard of the Month Awards to: Kingdom Hall of Jehovah Witnesses Roland and Lois Small Christian and Jolyn Schrock Greg and Julie Coward Carl and Marjorie Young Gary and Debbie Martin Billy Williams Denton Regional Medical Center 3. Presentation of Texas Festival and Event Marketing Awards Julie Glover presented the awards to the Mayor and Council. 4. Recognition of staff accomplishments Staff accomplishments were recognized by City Manager Conduff. CITIZEN REPORTS 5. Melvin Newell regarding energy fuel adjustment cost on utility bill. Mr. Newell questioned how the fuel adjustment cost was determined. He felt it was out of line and way too high. People on a fixed income could not afford those high costs. 6. Ross Melton regarding budget, utility rates and volunteering. Mr. Melton stated that the City should have lower utility rates due to the competitive nature of the industry. He felt there was potential by utilizing assets in the community such as volunteers to keep the community beautiful, repair vehicles cooperatively through the school and the city. 36¸ City of Denton City Council Minutes August 21, 2001 Page 2 NOISE EXCEPTION 7. The Council considered a request for an exception to the noise ordinance for the Gajdos wedding reception between the hours of 10:00 p.m. and 12:00 midnight at the North Texas State Fair Grounds, Fair Hall on Saturday, September 8, 2001. Beasley motioned, Fulton seconded to approve the request. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. CONSENT AGENDA Council Member Fulton requested that Item #19 be pulled for separate consideration. Council Member Redmon requested that Item #35 be pulled for separate consideration. Mayor Brock indicated that there was a Request to Speak on Item #33. Fulton motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordnances and resolutions with the exception of Items # 19 and #33. Mike Cimmeron spoke in favor of Item #33. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon"aye", and Mayor Brock "aye". Motion carried unanimously. Item #19 Council Member Fulton expressed a concern about contracting out items. She wanted as many areas as possible to be contracted out in order to be cost effective to the city. Fulton motioned, McNeill seconded to adopt the ordinance for Item #19. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Item #35 Council Member Redmon expressed concern regarding the rational for expanding the Denton Housing Authority Board from 5 to 7 members. The Mayor was the only individual who could appoint members to that board. He suggested that the Council be allowed to have input on the members on the board. If expanded to seven, it would give freedom to the Council to make some recommendations to that Board. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "nay", and Mayor Brock "aye". Motion carried with a 6-1 vote. 8. Approved the minutes of July 31, 2001. 361' City of Denton City Council Minutes August 21, 2001 Page 3 NO. 2001-278 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING ANY DRIVERS FROM TURNING RIGHT ON RED FROM LOCUST STREET ONTO MCKINNEY STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. 10. NO. 2001-279 AN ORDINANCE REPEALING ORDINANCE NO. 99-127 PROHIBITING PARKING ON SCHOOL DAYS FROM 7:30 A.M. TO 3:30 P.M. ON THE NORTH SIDE OF SUN VALLEY DRIVE FROM THE EAST CURB OF STUART ROAD TO THE EAST CURB OF YELLOWSTONE PLACE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11. NO. 2001-280 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE INSTALLATION OF TWO HANDICAPPED PARKING SPACES AT 1111 CORDELL LOCATED ON THE SOUTH SIDE OF CORDELL, TWO HUNDRED SIXTY EIGHT FEET WEST OF THE WEST CURBLINE OF THE INTERSECTION OF FULTON; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS AND DECLARING AN EFFECTIVE DATE. 12. NO. 2001-281 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EASEMENT AGREEMENT RELATED TO THE EXCHANGE OF PROPERTY RIGHTS, LOCATED IN THE N. BRITTON SURVEY, ABSTRACT NO. 51 AND BEING A 0.474 ACRE TRACT AND A 0.02 ACRE TRACT ALONG THE NORTH LINE OF HICKORY CREEK ROAD, APPROXIMATELY 2,500 FEET WEST OF THE HICKORY CREEK ROAD/F.M. 2181 INTERSECTION, WITHIN THE CITY AND COUNTY OF DENTON, AND PROVIDING AN EFFECTIVE DATE. 13. NO. 2001-282 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND ANDREW CORPORATION, RELATING TO THE PURCHASE OF STREET RIGHT-OF-WAY AND EASEMENTS IN THE G. WALKER SURVEY, ABSTRACT 1330 AND THE D. LAMBERT SURVEY, ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS AND OTHER CONSIDERATIONS REGARDING THE PENDING COLORADO/MAYHILL/EDWARDS PAVING AND DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 362 City of Denton City Council Minutes August 21, 2001 Page 4 14. 15. 16. NO. 2001-283 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE APPLICATIONS AND EXECUTE GRANTS AND SUBSEQUENT AMENDMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR GRANTS FOR FUNDING PUBLIC TRANSPORTATION AS AUTHORIZED BY 49 U.S.C. 5307 AND OTHER APPLICABLE LAWS; AND PROVIDING AN EFFECTIVE DATE. NO. 2001-284 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER FIVE 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 AND CHANGE ORDER TWO IN THE AMOUNT OF $337,710.30 AND CHANGE ORDER THREE IN THE AMOUNT OF $64,920 AND CHANGE ORDER FOUR IN THE AMOUNT OF $17,406.36 PLUS CHANGE ORDER FIVE IN THE AMOUNT OF $203,637.12 FOR A TOTAL OF $1,586,728.46). NO. 2001-285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE ATTACHED SECOND AMENDMENT TO THE AMENDED PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE IMPLEMENTATION AND SUPPORT BETWEEN THE CITY OF DENTON, TEXAS AND ACCESS TECHNOLOGIES, INC., A QUALIFIED INFORMATION SYSTEMS VENDOR ("QISV") OF THE STATE OF TEXAS, SAID CHANGE ORDER TO BE PAID FROM PREVIOUSLY BUDGETED FUNDS IN THE AMOUNT OF ONE HUNDRED FORTY-ONE THOUSAND, SEVEN HUNDRED AND TWENTY-FIVE DOLLARS ($141,725), TO BRING THE TOTAL CONTRACT NOT TO EXCEED ONE MILLION, EIGHTY- THREE THOUSAND NINE HUNDRED AND TWENTY DOLLARS ($1,083,920); AND PROVIDING FOR AN EFFECTIVE DATE. THIS AMENDED AMOUNT IS FOR PHASE IV OF THE JD EDWARDS IMPLEMENTATION FOR WORKFLOW TO GO LIVE CONCURRENTLY WITH PHASE II AND PHASE III. (PURCHASE ORDER 04402-01 TO ACCESS TECHNOLOGIES, INC. IN THE AMOUNT $942,195 INCLUDING CHANGE ORDER 1 PLUS CHANGE ORDER 2 IN THE AMOUNT OF $141,725, FOR A TOTAL AMOUNT OF $1,083,920). 363 City of Denton City Council Minutes August 21, 2001 Page 5 17. NO. 2001-286 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION FOR HVAC COOLING TOWER, REPLACEMENT FOR DOWNTOWN CHILLER PLANT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2679 - HVAC COOLING TOWER, REPLACEMENT FOR DOWNTOWN CHILLER PLANT, AWARDED TO FROST & KEELING ASSOCIATES, INC., DALLAS, TX, IN THE AMOUNT OF $37,887) 18. NO. 2001-287 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PAINTING OF SERVICE CENTER AND VEHICLE MAINTENANCE FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2691 - PAINTING OF SERVICE CENTER AND FLEET SERVICES BUILDINGS AWARDED TO FRONTIER WATERPROOFING, INC., IN THE AMOUNT OF $84,552). 19. NO. 2001-288 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR PUBLIC WORKS FOR MISCELLANEOUS AND/OR ONE TIME CONSTRUCTION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2693 - INDEFINITE QUANTITY CONTRACT (TERM) GENERAL CONSTRUCTION AWARDED TO PATTON CONTRACTORS, INC., DALLAS, TX FOR AN ESTIMATED ANNUAL EXPENDITURE UP TO $750,000). 20. NO. 2001-289 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION FOR CONCRETE FLATWORK FOR COOPER CREEK REGIONAL DETENTION POND #1; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2700 - CONCRETE FLATWORK FOR COOPER CREEK REGIONAL DETENTION POND #1, AWARDED TO FLOYD SMITH CONCRETE, INC., DENTON, TX, IN THE AMOUNT OF $279,051.58.) 21. NO. 2001-290 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN ANNUAL MAINTENANCE AGREEMENT FOR SOFTWARE USED IN THE LIBRARY WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (TOTAL CONTRACT AMOUNT $29,563.08; 364 City of Denton City Council Minutes August 21, 2001 Page 6 PO 16307 TO EPIXTECH, INC., IN THE AMOUNT OF $7,390.77 IS FOR 4TM QUARTER PAYMENTS). 22. NO. 2001-291 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF TVR APPLICATION SOFTWARE FOR UTILITY BILLING AND PROPERTY TAX INQUIRY AND PAYMENT AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 15210 TO TELE-WORKS, INC., IN THE AMOUNT OF $32,400). 23. NO. 2001-292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE EMPLOYEE SURVEY SOFTWARE FROM SIEGEL CONSULTING, INC., A QUALIFIED INFORMATION SYSTEMS VENDOR OF THE STATE OF TEXAS WHICH INCLUDES A SOFTWARE LICENSE AGREEMENT WITH PERFORMANCE SUPPORT SYSTEMS, INC.; AND PROVIDING FOR AN EFFECTIVE DATE (PURCHASE ORDER 16563 - SIEGEL CONSULTING INC., IN THE AMOUNT OF $46,695). 24. NO. 2001-293 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MULTI-PURPOSE (COPY/PRINTER) PAPER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2701 - MULTI- PURPOSE PAPER AWARDED TO XEROX CORP. IN THE ESTIMATED ANNUAL AMOUNT OF $125,000). 25. NO. 2001-294 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF NINETEEN PANASONIC CF-27 NOTEBOOK COMPUTERS AND PERIPHERALS AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 16084 TO TRIO TBKNOLOGIBS, IN THE AMOUNT OF $110,271). 26. Re-appointment by the City Manager of Dr. Tory Caeti to the Civil Service Commission. City of Denton City Council Minutes August 21, 2001 Page 7 365 27. NO. 2001-295 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE ADDITION OF COLLECTION FEES IN THE AMOUNT OF THIRTY PERCENT (30%) ON EACH DEBT OR ACCOUNT RECEIVABLE SUCH AS FINES, FEES, RESTITUTION AND OTHER DEBTS OR COSTS, NOT INCLUDING FORFEITED BONDS, THAT ARE MORE THAN SIXTY DAYS PAST DUE AND THAT HAVE BEEN REFERRED TO A COLLECTION AGENCY; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE. 28. NO. 2001-296 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 99-289 BY INCREASING MUNICIPAL COURT TECHNOLOGY FUND FROM $3.75 TO $4.00; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE. 29. NO. 2001-297 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A NEW REDISTRICTING PLAN THEREBY REVISING CITY COUNCIL MEMBER DISTRICT BOUNDARIES IN RESPONSE TO THE 2000 CENSUS, PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT, ELECTION PRECINCTS, PROPERTY NOTICE AND MEETING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 30. NO. R2001-043 A RESOLUTION OF THE CITY COUNCIL OF DENTON, TEXAS OPPOSING THE ISSUANCE OF TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AIR QUALITY PERMIT, IN PROCEEDING NO. 47958 TO MARRIOTT RENTALS, INC. FOR A PORTABLE ASPHALT PLANT AT PROPERTY LOCATED ON MASCH BRANCH ROAD, IN DENTON COUNTY, TEXAS; AUTHORIZING THE MAYOR TO WRITE A LETTER OPPOSING THE GRANTING OF AN AIR QUALITY PERMIT FOR SUCH PLANT; AND DECLARING AN EFFECTIVE DATE. 31. NO. 2001-298 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND WESLEY CLARK AND JOSEPHINE C. CLARK RELATING TO THE PURCHASE OF APPROXIMATELY 0.9213 ACRE OF LAND BEING LOCATED IN THE ALEXANDER WHITE SURVEY, ABSTRACT NO. 1406 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH 3 6 6:city of Denton City Council Minutes August 21, 2001 Page 8 TITLE VESTING IN THE STATE OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDING AN EFFECTIVE DATE (PARCEL 5B). 32. NO. 2001-299 AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND YMCA OF METROPOLITAN DALLAS, WHEREBY THE CITY IS LEASING THE YMCA FACILITY AT 1117 RINEY ROAD, BEING LOT 1, BLOCK 1, YMCA ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 33. APPROVED A REQUEST FOR RELIEF FROM THE NON-RESIDENTIAL INTERIM ZONING REGULATIONS, ORDINANCE 2000-069 FOR A 2-ACRE PROPERTY GENERALLY LOCATED WEST OF 1-35 ADJACENT TO 5201 1-35. THE PROPERTY WAS IN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT. RV SALES WERE PROPOSED. (RN-01-0008) 34. APPROVED A REQUEST FOR RELIEF FROM THE NON-RESIDENTIAL INTERIM ZONING REGULATIONS, ORDINANCE 2000-069 FOR A 0.2-ACRE PROPERTY LOCATED AT 1207 E. MCKINNEY STREET. THE PROPERTY WAS IN A SINGLE-FAMILY (SF-7) ZONING DISTRICT. AN OFFICE BUILDING WAS PROPOSED. (RN-01-0011) 35. NO. R2001-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXPAND THE BOARD OF COMMISSIONERS OF THE DENTON HOUSING AUTHORITY FROM FIVE TO SEVEN COMMISSIONERS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 36. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 1.8 acres, commonly known as 1005-1009 Wilson Street, from Single-family-7 (SF-7) zoning district to Planned Development (PD) zoning district allowing multifamily uses and providing a Concept Plan for that purpose. Elderly housing was proposed. The Planning and Zoning Commission recommended denial (6-1). (Z-01-0010) Doug Powell, Director of Planning and Development, stated that the application was to rezone the property from single family dwelling to multi-family dwelling. A supermajority vote by the Council was required due to opposition over 20% by adjoining property owners and the fact that the Planning and Zoning Commission had recommended denial. If Council were to grant the zoning, staff was requesting that a planned development should be done to allow for detailed site planning. The Mayor opened the public heating. City of Denton City Council Minutes August 21, 2001 Page 9 367 The following individuals spoke during the public hearing: Richard Franco - Denton Housing Authority - favor Carl G. Young, Sr., 321 E. Mill, Denton, 76205 - favor Charlye Heggins, 422 Audra Lane, Denton, 76209 - favor Mark Chew, 1151 Bentoaks, Denton, 76210 - favor Petemia Washington, 618 E. Prairie, Denton, 76205 - opposed Pauline Johansen, 2501 N. Bell, Apt. 235D, Denton, 76209 - favor Billy Redmon, 1125 Morse, Denton, 76205 - favor Carolyn Phillips, 722 Lakey Street, Denton, 76205 - opposed Billy Brasfield, P.O. Box 50834, Denton, 76206 - opposed Victor Mohammad, Austin-questioned the vote of the Planning and Zoning Commission Willie Sellers, 930 Scott Drive, Denton, 76201 - favor Willie Hudspeth 623 Newton, Denton, 76205 ~ opposed Audrey Meadow, 606 Wilson, Denton, 76205 - opposed Sherry McDade, Denton Housing Authority- favor Comment cards were submitted by the following individuals: Harold Jackson, 515 Smith Street, Denton, 76201 - opposed Catherine Richard, 1022 Wilson, Denton, 76205 - opposed Clara Richard, 1106 Morse, Denton, 76205 - opposed Lura Powell, 1108 Wilson, Denton, 76205 - opposed Alonzo Newton, 1206 Wilson, Denton, 76205 - opposed Mae Nell Shephard, 608 Chambers, Denton, 76205 - opposed Dorothy Minter, 819 Newton, Denton, 76205 - favor Loraine Fowler, 302 S. Crawford, Denton, 76205 - favor Lilly Motuir, 700 Board Walk, Denton, 76205 -opposed Debra Duncan, 1328 Morse Street, Denton, 76205 - opposed Deneshia Gay, 1328 Morse Street, Denton, 76205 -opposed Novella Duncan, 1328 Morse Street, Denton, 76205 - opposed Additional speakers during the public hearing included: Harold Jackson, 601 Eagle Drive, Denton, 76205 - opposed The Mayor closed the public heating. The following ordinance was considered: NO. 2001-300 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM SINGLE-FAMILY (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ALLOWING MULTI-FAMILY USES FOR APPROXIMATELY 1.787 ACRES OF LAND 36:,8 City of Denton City Council Minutes August 21, 2001 Page 10 LOCATED AT 1005-1009 WILSON STREET WHICH IS LOCATED ON THE NORTH SDE OF WILSON STREET, EAST OF BRADSHAW AND WEST OF RUDDELL; APPROVING A CONCEPT PLAN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDrNG A SEVEP, ABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-01- 0010) Fulton motioned, Redmon seconded to approve the proposal as a planned development with the restriction of 12 units of elderly housing on the lots. Council Member Burroughs offered a friendly amendment to direct the Denton Housing Authority hold a neighborhood meeting during detailed plan process to address community concerns. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "nay", Redmon "aye", and Mayor Brock "aye". Motion carried with a 6-1 vote, Council Member Redmon left the meeting with a potential conflict of interest. 37. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 0.8 acres, commonly known as 702, 714, and 718 Lakey Street, from Single- family-7 (SF-7) zoning district to Planned Development (PD) zoning district allowing multifamily uses and providing a Concept Plan for that purpose. The Planning and Zoning Commission recommended approval of 702 Lakey with conditions and denial of 714 and 718 Lakey (6-1). (Z-01-0011) Doug Powell, Director of Planning and Development, stated that staff had received 21.92% opposition by property owners within 200 feet thus requiring a supermajority vote by the Council. The Planning and Zoning Commission had recommended approval of 702 Lakey Street but denied the other two properties. Herb Prouty, City Attorney, stated that a vote by the Council would require a supermajority vote and with Council Member Redmon out with a potential conflict of interest, five affirmative votes would be needed. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Richard Franco, Denton Housing Authority - favor Lee Alcom, representing SEDNA - opposed Carolyn Phillips, 722 Lakey, Denton, 76205 - opposed Billy Braafiold, P.O. Box 50834, Denton, 76206 - opposed Billy Redmon, 1125 Morse Street, Denton, 76205 - favor Peternia Washington, 613 E. Prairie, Denton, 76205 - opposed Carl G. Young, Sr., 321 E. Mill, Denton, 76205 - favor Willie Brewer, Sagebrush, Denton, 76205 - opposed Victor Mohammad, Austin- opposed 369 City of Denton City Council Minutes August 21, 2001 Page 11 Willie Hudspeth, 623 Newton, Denton, 76205 - opposed Audrey Meadow, 606 Lakey, Denton, 76205 - opposed The Mayor closed the public hearing. Beasley motioned, Fulton seconded to approve 702 Lakey as recommended by the Planning and Zoning Commission with a duplex and to deny 714 and 718 Lakey. Burroughs motioned, McNeill seconded to table the proposal until a request was received by the Denton Housing Authority to reconsider the proposal. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Mayor Brock "aye". Motion carried unanimously. Council Member Redmon returned to the meeting. 38. The Council held a public hearing and considered an adoption of an ordinance approving a Detailed Plan for Bluffview Villas within a Planned Development (PD-195) zoning district. The 29.2 acre property was located at 1551 Mingo Road. A senior housing complex and public park were proposed. The Planning and Zoning Commission recommended approval with conditions (6-0). (Z-01-0017, Bluffview Villas) Doug Powell, Director of Planning and Development, stated that this was the detailed plan associated with the Planned Development. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Alan Bucel, representing the developer, favor The Mayor closed the public heating. The following ordinance was considered: NO. 2001-301 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2001-148 TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 29.2 ACRES LOCATED WITHIN A PLANNED DEVELOPMENT (PD-195) AND ONE FAMILY DWELLING (SF-7) ZONING DISTRICTS; THE SUBJECT PROPERTY BEING LOCATED BETWEEN UNIVERSITY DRIVE AND MINGO ROAD, APPROXIMATELY 500' EAST OF RUDDELL STREET; COMMONLY KNOWN AS 1551 MINGO ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z01-0017) 3 7 0City of Denton City Council Minutes August 21, 2001 Page 12 Fulton motioned, Beasley to adopt the ordinance with the conditions as recommended by the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 39. The Council held a public hearing and considered adoption of an ordinance to amend Chapter 34, "Subdivision and Land Development Regulations" and Chapter 35 "Zoning Ordinance" of the Code of Ordinances of the City of Denton, Texas, to add regulations relating to gas well development and to amend the Fee Schedule. The Planning and Zoning Commission voted to defer discussion on the text amendments and voted 7-0 to amend the fee schedule. (SI01-0011) Doug Powell, Director of Planning and Development, stated the Planning and Zoning Commission had discussed the changes in a work session. This oridnance would change the fees for gas platting. The Mayor opened the public heating. The following individuals spoke during the public hearing: Betty Farmer, 9475 Hilltop Road, Argyle, 76226 - questions regarding the process. Edwin Fulton - questions regarding well sites Robert Miller, Dallas, questions regarding special use permit The Mayor closed the public hearing. Fulton motioned, Burroughs seconded to approve the fee schedule. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 40. The Council held a public hearing and considered adoption of an ordinance to amend Chapter 35 "Zoning Ordinance" of the Code of Ordinances of the City of Denton, Texas, to amend Section 35-91(e) "Lot coverage and density standards". The Planning and Zoning Commission recommended approval 7-0. (SI01-0014) Doug Powell, Director of Planning and Development, stated that currently the allowed lot coverage was at 35%. The current building standards was now at 50-65%. The oridnance would increase the allowed lot coverage to 50%. The Mayor opened the public heating. Bob Shelton spoke to the issue. The Mayor closed the public heating. The following ordinance was considered: City of Denton City Council Minutes August 21, 2001 Page 13 371 NO. 2001-302 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO SUBSECTION 35-01(E)(1) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO INCREASE THE MAXIMUM BUILDING COVERAGE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CRIMINAL PENALTY NOT TO EXCEED $2,000.00; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR 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 carried unanimously. 41. The Council held a public hearing and considered adoption of an ordinance to repeal or make certain amendments to the Interim Residential Regulations, Ordinance 2000-046, amended by Ordinance 2000-178, including the exemptions to the size of developments. The Planning and Zoning Commission recommended not amending the ordinance (5-2). (SI01-0012) Doug Powell, Director of Planning and Development, stated that the oridnance would amend the residential interim regulation to exempt a single family residential development application of not more than 50 acres and would amend the density recommendation of the Comprehensive Plan. 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. 2001-303 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES NOS. 2000-046 AND 2000-178 COMMONLY CALLED THE "RESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. Burroughs motioned, McNeill seconded to modify the interim regulations for single family development to exempt 50 acres and below from the regulations and to modify the density to the target as noted. On roll vote, Beasley "nay", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips"aye", Redmon"aye", and Mayor Brock"nay". Motion carried with a 5-2 vote. 42. The Council held a public hearing and considered adoption of an ordinance to repeal or make certain amendments to the Interim Non-Residential Regulations, Ordinance 2000-069, amended by Ordinance 2000-179. The Planning and Zoning Commission recommended taking no action on repealing the ordinance (5-2). (SI01-0013) 372 · City of Denton City Council Minutes August 21, 2001 Page 14 Doug Powell, Director of Planning and Development, stated that this ordinance would repeal the nonresidential interim regulations except for those properties that had received any prior approval under the regulations. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed public hearing. The following ordinance was considered: NO. 2001-304 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE NOS. 2000-069 AND 2000-179 COMMONLY CALLED THE "NONRESIDENTIAL INTERIM REGULATIONS"; PROVIDING FOR SURVIVAL OF THE NONRESIDENTIAL INTERIM REGULATIONS FOR DEVELOPMENTS PREVIOUSLY APPROVED UNDER THEM; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. Fulton motioned, Burroughs seconded to adopt the ordinance as written. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 43. The Council held a public hearing and considered adoption of an ordinance amending Chapter 34 of the Code of Ordinances of the City of Denton, Texas to add Section 34-127 "Payments in lieu of construction policies and procedures"; providing a severability clause and a repealer clause; and providing an effective date. (The Planning and Zoning Commission recommended approval 6-0). 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. 2001-305 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34 "SUBDIVISION AND LAND DEVELOPMENT REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO ADD SECTION 34-127 "PAYMENTS IN LIEU OF CONSTRUCTION POLICIES AND PROCEDURES"; PROVIDING A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 21, 2001 Page 15 373' Mayor 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. ITEMS FOR INDIVIDUALS CONSIDERATION 44. The Council considered adoption of an ordinance authorizing the Mayor to execute an amendment to that certain tax abatement agreement with United Copper Industries, Inc. which eliminates the minimum employment and annual payroll thresholds; and providing an effective The following ordinance was considered: NO. 2001-306 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THAT CERTAIN TAX ABATEMENT AGREEMENT WITH UNITED COPPER INDUSTRIES, INC. WHICH ELIMINATES THE MINIMUM EMPLOYMENT AND ANNUAL PAYROLL THRESHOLDS; AND PROVIDING AN EFFECTIVE DATE. 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 carded unanimously. 45. The Council considered approval of an exaction variance of Section 34-114(17) of the Code of Ordinances of the City of Denton, Texas for the Opaskey Addition (1001 Ryan Road) concerning installation of sidewalks on Ryan Road. (The Planning and Zoning Commission recommended approval 6-0.) Fred Opanskey, 1001 Ryan Road, Denton, submitted a comment card in favor of the variance. Beasley motioned, Burroughs seconded to approve the exaction variance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 46. The Council considered approval of a resolution approving a Residential Project Plan for Knollwood Villas. The 22-acre property was in a Multi-family (MF-I(c)) zoning district located on the south side of McKinney Street, approximately 700 feet west of Loop 288. A multi-family development was proposed. (SP-01-0011) Alan Bucel spoke on the proposal. The following resolution was considered: NO. R2001-045 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A RESIDENTIAL PROJECT PLAN LOCATED WITHIN A MULTI-FAMILY 3 7 4City of Denton City Council Minutes August 21, 2001 Page 16 CONDITIONED (MF-l[c]94) DISTRICT, BEING AN APPROXIMATE 22 ACRE SITE LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET, APPROXIMATELY 1000' WEST OF LOOP 288 IN THE CITY OF DENTON, TEXAS, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (SP-01-0011, KNOLLWOOD VILLAS). Burroughs 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 carded unanimously. 47. The Council considered and took action on a request, by Denton Housing Authority, to waive application, processing, building permit, inspection, park dedication, park improvement and impact fees associated with the proposed development of 500 S. Ruddell, 1340 and 1710 Morse Street, 1005-1009 Wilson Street, 702, 714 and 718 Lakey Street and 2329 Hinkle Drive. Multi-family housing developments were proposed. (SI-00-0006) Beasley motioned, Burroughs seconded to not approve the waivers. Carolyn Phillips, 722 Lakey Street, Denton, 76205, spoke on the issue. Comment Cards were submitted by the following: Mae Nell Shephard, 608 Chambers, Denton, 76205 - opposed Harold Jackson, 515 Smith Street, Denton, 76201 - opposed Alonzo Newton, 1206 Wilson Street, Denton, 76205 - opposed On roll vote to deny the waivers, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 48. The Council considered the first reading of an ordinance to voluntarily annex 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 Sherman Drive. (A-01-0001) Burroughs motioned, Beasley seconded to approve the first reading of the ordinance for annexation. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 49. The Council considered nominations and appointments to the City's boards and commissions. Council Member Phillips nominated John Eddy to the third alternate position on the Zoning Board of Adjustment. Beasley motioned, Burroughs seconded to suspend the rules and vote on the nomination at this meeting. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes August 21, 2001 Page 17 37'5', 50. The Council received a report, held a discussion and gave staff direction regarding the 2001-2002 proposed budget. Kathy DuBose, Assistant City Manager for Finance, reviewed the budget information for Council. 51. New Business The following items of New Business were suggested by Council Members for future agendas: B. C. D. Council Member Perry requested to be removed from the Lalor Committee and palce Council Member Phillips on the Committee. Council Member Perry requested information on what other cities did regarding public hearings - length of time, number of speakers, etc. Council Member Fulton requested information concerning a campaign ethics statement for future elections. Council Member Redmon requested that the small area plans incorporate the parking situation around Fred Moore Park and other parks in the city. 52. Items from ihe City Manager A. Notification of upcoming meetings and/or conferences. B. Clarification of items on the agenda City Manager Conduff did not have any items for Council. 53. There was no continuation of Closed Meeting under Sections 551.071-55'1.086 of the Texas Open Meetings Act. 54. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned 12:35 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS