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Minutes November 06, 2001CITY OF DENTON CITY COUNCIL M1NUTES November 6, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, November 6, 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, Fulton, McNeill, Phillips and Redmon. ABSENT: None 1. The Council considered the following in Closed Meeting: Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551.071 Deliberated the purchase and value of real property interests for street, landscape buffer, and other municipal purposes in the G. Walker Survey Abstract Number 1330 and being an approximate 1.44 acre tract in Denton County Texas, located east of the intersection of Mayhill Road and Edwards Road, which acquisition is for a public purpose; received legal advise from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interest. Deliberated the purchase and value of real property interests for street purposes in the D. Lambert Survey, Abstract Number 784 and being an approximate 0.902 acre tract or parcel of land in Denton County, Texas, located on the east side of Mayhill Road at the Intersection of Colorado Blvd. and Mayhill Road, which acquisition is for a public purpose; received legal advise from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interest. Deliberated the purchase and value of real property, located in the J. Cheek Survey, Abstract No. 227 and the H. Williams Survey, Abstract No. 1417 and being a .568 acre tract and a 0.354 acre tract along Sherman Drive, approximately 3,600 feet south of the intersection of Clear Creek and Sherman Drive, north side of road, within the City and County of Denton, Texas; which acquisition is for a public purpose. (Ray Roberts Water Line) Regular Meeting of the City of Denton City Council on Tuesday, November 6, 2001 at 6:00 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes November 6, 2001 Page 2 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. PROCLAMATIONS/PRESENTATIONS The Mayor presented the following proclamations: A. Texas Recycles Day B. Denton Family Unity Week C. Ginnings Elementary School Day 3. The Mayor presented the November Yard-of-the-Month Awards to: Gwo Jang Yeh James and Margaret Schulze Curtis and Bertha Erwin Mike Beaty Clarence and Nell Ridge J. Robert Gershon Mark and Elaine Davis King Richard's Cat 4. Charles Cox, member of the Government Finance Officer's Association, presented a Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officer's Association for Denton's Comprehensive Annual Financial Report for the fiscal year ended September 30, 2000. 5. Charles Fiedler, Director of Engineering, presented an award from the Federal Emergency Management Agency to the City of Denton, 6. City Manager Conduff presented recognition of staff accomplishments. CITIZEN REPORTS 7. Julie Salih regarding solid waste. Ms. Salih stated that she had a continued trash and debris problem near her residence. She requested that the City develop a committee to assist residents with these types of problems. She presented a letter that detailed her comments. 8. Danielle Pierce regarding discontinuance of curbside recycling. Ms. Pierce stated that the City should implement a "pay as you throw" program for the collection of trash. City of Denton City Council Minutes November 6, 2001 Page 3 9. Ross Melton regarding the municipal court system - problems and potential. Mr. Melton stated that there were problems with the Denton Municipal Court system. He felt the system was not really a court as the Judge worked for the Council and would not rule against the City. CONSENT AGENDA 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 carried unanimously. 10. Approved the minutes of October 16, 2001. 11. NO. 2001-408 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PAY ANNUAL DUES TO THE TEXAS PUBLIC POWER ASSOCIATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. 12. NO. 2001-409 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS WORKFORCE COMMISSION TO CERTIFY CITY OF DENTON EXPENDITURES FOR CHILD CARE SERVICES AND REQUEST FEDERAL MATCHING FUNDS; AUTHORIZING THE CITY TO CERTIFY CHILD CARE EXPENDITURES, APPROVING THE EXPENDITURES OF FUNDS, AND PROVIDING AN EFFECTIVE DATE. 13. NO. 2001-410 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND DENTON CITY COUNTY DAY SCHOOL TO PROVIDE FOR IMPROVEMENTS TO THE DAYCARE FACILITY AT 1603 PAISLEY STREET; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, NOT TO EXCEED $30,000; AND PROVIDING AN EFFECTIVE DATE. 14. NO. 2001-411 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1.44 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE TO STREET, LANDSCAPE BUFFER, AND OTHER MUNICIPAL PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE G. WALKER SURVEY, ABSTRACT NUMBER 1330, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF THE EDWARDS ROAD AND A PART OF ALLEN ESTATES MOBILE City of Demon City Council Minutes November 6, 2001 Page 4 HOME PARK AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET C, PAGE 383 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREETS, LANDSCAPE BUFFER, AND OTHER MUNICIPAL PURPOSES; AND DECLARING AN EFFECTIVE DATE. 15. NO. 2001-412 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.565 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES AND TWO SLOPE EASEMENTS CONTAINING APPROXIMATELY 0.203 ACRE AND 0.134 ACRE, RESPECTIVELY, ALL OF WHICH ARE LOCATED IN THE D. LAMBERT SURVEY, ABSTRACT NO. 784 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING PART OF LOT 1, BLOCK A, LOMBARD ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY; AND DECLARING AN EFFECTIVE DATE. 16. NO. 2001-413 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A PUBLIC UTILITY EASEMENT IN, OVER, ON, ACROSS, AND UNDER AN APPROXIMATE 0.568 ACRE TRACT OR PARCEL OF LAND AND A TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 0.354 ACRE OF LAND, LOCATED IN THE J. CHEEK SURVEY, ABSTRACT NO. 227 AND THE H. WILLIAM SURVEY, ABSTRACT NO. 1417 IN DENTON COUNTY TEXAS AND BEING PART OF A TRACT OR PARCEL OF LAND OWNED BY JEFFERY W. NeE AND JEANIE NeE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE EASEMENTS FOR THEIR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY; AND DECLARING AN EFFECTIVE DATE. 17. NO. 2001-414 AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND PAUL BRIDGES FOR USE OF A PORTION OF THE City of Demon City Council Minutes November 6, 2001 Page 5 DENTON MUNICIPAL AIRPORT FOR COMMERCIAL HANGAR/OFFICE AND RELATED SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. 18. NO. 2001-415 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 ANNUAL MAINTENANCE FOR EXISTING NOVEL NETWORK LICENSES FROM THE TEXAS DEPARTMENT OF INFORMATION RESOURCES OF THE GENERAL SERVICES COMMISSION OF THE STATE OF TEXAS. (PURCHASE ORDER 100716 - TEXAS DEPARTMENT OF INFORMATION RESOURCES IN THE AMOUNT $102,967.28). 19. NO. 2001-416 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 ANNUAL MAINTENANCE FOR EXISTING INSTALLATIONS OF THE 1NFORMIX DATABASE ENG1NE FROM IBM DATA SERVICES, A QUALIFIED INFORMATION SERVICES VENDOR (QISV) OF THE STATE OF TEXAS, WHICH PROVIDES FOR CONTINUED MAINTENANCE AND SUPPORT FOR EXISTING SYSTEMS. (PURCHASE ORDER 100717 - IBM DATA SERVICES IN THE AMOUNT OF $52,450). 20. NO. 2001-417 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 CONSULTING SERVICES FROM NOVELL, INC., A QUALIFIED INFORMATION SERVICE VENDOR (QISV) OF THE STATE OF TEXAS, WHICH PROVIDES FOR DESIGN, INSTALLATION, AND CONFIGURATION OF NOVELL ON DEMAND SERVICES. (PURCHASE ORDER 100719 - NOVELL, INC. IN THE AMOUNT OF $36,000). 21 NO. 2001-418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTACT FOR THE PURCHASE OF CELLULAR DIGITAL PACKET DATA (CDPD) SERVICE, ALSO KNOWN AS WIRELESS INTERNET ACCESS TO PUBLIC SAFETY MOBILE COMPUTERS AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; AND APPROVING THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING AN EFFECTIVE City of Demon City Council Minutes November 6, 2001 Page 6 DATE. (PURCHASE ORDER 100821 TO AT & T WIRELESS IN THE AMOUNT OF $96,000). 22. NO. 2001-419 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE STATE OF TEXAS GENERAL SERVICES COMMISSION AND AWARDING A CONTRACT FOR THE PURCHASE OF TIRES AND TUBES TO GRAY'S WHOLESALE TIRE DISTRIBUTORS, 1NC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (FILE 2756 - GRAY'S WHOLESALE TIRE DISTRIBUTORS INC. IN THE ANNUAL ESTIMATED AMOUNT OF $60,000). 23. NO. 2001-420 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SERVICES ASSOCIATED WITH AN IRS SECTION 125 BENEFITS PLAN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2738 - IRS SECTION 125 PLAN AWARDED TO PAYFLEX SYSTEMS USA, INC. IN THE APPROXIMATE AMOUNT OF $6.00 PER EMPLOYEE PER MONTH OR $8,643 PER YEAR BASED UPON CURRENT PARTICIPANTS). 24. NO. 2001-421 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL MASTS, ARMS AND POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2742 - TRAFFIC SIGNAL MASTS, ARMS AND POLES AWARDED TO PELCO PRODUCTS, INC. IN THE TOTAL AMOUNT OF $31,745) 25. NO. 2001-422 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE ANNUAL CONTRACT FOR THE PURCHASE OF BIOXIDE, A PRODUCT 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. (FILE 2755 - AWARDED TO U.S. FILTER / DAVIS PROCESS AT $1.85 PER GALLON - ANNUAL ESTIMATED USAGE 28,000 GALLONS OR $51,800). 26. NO. 2001-423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CHANGE ORDER TO THE ANNUAL CONTRACT FOR THE SUPPLY OF CONTROL STATION SWITCHGEAR HOUSING BETWEEN THE CITY OF City of Demon City Council Minutes November 6, 2001 Page 7 DENTON AND POWELL ELECTRICAL MANUFACTURING COMPANY; PROVIDING FOR AN iNCREASE iN EQUIPMENT CABINET SIZE, REVISIONS TO THE PROTECTIVE AND CONTROL SCHEMES, ADDITIONAL RELAY EQUIPMENT; AND AN iNCREASE iN PRICE; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2546 - CONTROL HOUSE AND SWITCHGEAR AWARDED TO POWELL ELECTRICAL MANUFACTURING COMPANY IN THE AMOUNT OF $1,276,708 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $69,800). 27. NO. 2001-424 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A 20-INCH WATERLINE ON BERNARD/JAMES STREET; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2722 - BERNARD/JAMES 20" WATERLINE AWARDED TO PATE AND PATE, LLC IN THE AMOUNT OF $1,130,294.80) 28. NO. R2001-064 A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE CREATION AND OPERATION OF THE DENTON ASSISTANCE CENTER, INC., A TEXAS NONPROFIT CORPORATION, WHOSE PURPOSE IS TO PROVIDE A CENTRAL LOCATION FOR SOCIAL AND HEALTH SERVICES IN DENTON COUNTY, AND PROVIDING AN EFFECTIVE DATE. 29. NO. R2001-065 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN OIL AND GAS LEASING POLICY FOR THE DEVELOPMENT OF MINERAL RIGHTS ON CITY PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON. 30. NO. 2001-425 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE COMPETITIVE BID PROCESS FOR AN OIL AND GAS LEASE AGREEMENT FOR THE DENTON MUNICIPAL AIRPORT AND APPROVING THE BID AND LEASE DOCUMENTATION; AND PROVIDING AN EFFECTIVE DATE. 31 NO. 2001-426 AN ORDINANCE ABANDONING AND VACATING A PORTION OF AN ELECTRIC LiNE EASEMENT FROM L. R. STRICKLAND TO BRAZOS RIVER TRANSMISSION ELECTRIC COOPERATIVE, INC RECORDED IN VOLUME 386, PAGE 59 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND SUBSEQUENTLY ASSIGNED TO THE CITY OF DENTON IN AN INSTRUMENT RECORDED IN VOLUME 2736, PAGE 825 OF THE REAL PROPERTY RECORDS City of Denton City Council Minutes November 6, 2001 Page 8 OF DENTON COUNTY, TEXAS IN THE SAMUEL KEPHART SURVEY, ABSTRACT NO. 721, SAID PORTION BEING ON LOTS 9, 16, 17, 18 & 19, BLOCK D AND WITHIN THE STREET RIGHT-OF-WAY OF iNDIAN LAKE TRAIL, ALL WITHIN THE AMENDED FINAL PLAT OF LAKE SHARON ESTATES, AN ADDITION TO THE CITY OF CORINTH, TEXAS, RECORDED IN CABINET R, PAGE 323 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. 32. NO. 2001-427 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE BUXTON COMPANY AND THE CORNERSTONE GROUP TO PROVIDE CONSULTING SERVICES, IDENTIFICATION OF POTENTIAL RETAIL ZONES, DEVELOPMENT OF COMMUNITY DEMOGRAPHIC AND PSYCHOGRAPHICS PROFILE AND RETAIL MARKETING MATERIALS; RATIFYING THE CITY MANAGER'S APPROVAL OF PHASE I OF THE PROJECT; PROVIDING AN EFFECTIVE DATE. (PSA FILE 2761 - THE BUXTON COMPANY/THE CORNERSTONE GROUP FOR A TOTAL AMOUNT OF $75,000) PUBLIC HEARINGS 33. The Council held a public hearing and considered adoption of an ordinance of the Council of the City of Denton, Texas adopting Subchapter C, Sections 402.041 through 402.054 inclusive, of the Texas Local Government Code entitled the "Municipal Drainage Utility Systems Act," as Chapter 26, Article IV, Sections 26-129 through 26-142 of the Code of Ordinances of the City of Denton, Texas; regarding the recognition of the drainage function of the City of Denton Wastewater Utility; providing for a repealer; providing for a severability clause; and providing an effective date. The Mayor opened the public hearing. The following individual spoke during the public hearing: Carl G. Young, Sr., 321 E. Mill, Denton, 76205 - opposed The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-428 AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS ADOPTING SUBCHAPTER C, SECTIONS 402.041 THROUGH 402.054 INCLUSIVE, OF THE TEXAS LOCAL GOVERNMENT CODE ENTITLED THE "MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT," AS CHAPTER 26, ARTICLE IV, SECTIONS 26-129 THROUGH 26-142 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REGARDING THE RECOGNITION OF THE DRAINAGE FUNCTION OF THE CITY OF DENTON WASTEWATER UTILITY; PROVIDING City of Denton City Council Minutes November 6, 2001 Page 9 FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "nay", Redmon "nay", and Mayor Brock "aye". Motion carried with a 4-3 vote. 34. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 1 acre commonly known as 702, 710, 714 and 718 Lakey Street and generally located at the southwest corner of Wilson and Lakey Streets, from a One Family Dwelling (SF-7) zoning district to a Planning Development (PD) zoning district allowing multi-family uses and providing a Concept Plan for that purpose. Two fourplex units for elderly housing were proposed. The Planning and Zoning Commission recommended approval (6-1) with conditions. (zo -oo33) Council Member Redmon left the meeting with a potential conflict of interest. Doug Powell, Director of Planning and Development, stated that difference between this proposal and the prior proposal was the addition of 710 Lakey Street to the list of properties. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Richard Franco, Denton Housing Authority - favor Carl G. Young, Sr., 321 E. Mill, Denton, 76205 - favor Peterina Washington, 618 East Prairie, Denton, 76205 -opposed Carolyn Phillips, 722 Lakey Street, Denton, 76205 - opposed Vickie McLane, 228 Cobblestone, Denton, 76205 - opposed Willie Hudspeth, 702 Newton, Denton, 76205 - opposed Billie Brasfield, P.O. Box 50834, Denton, 76206 - opposed Ruby Cole, 719 Lakey Street, Denton, 76205 - favor Billie Redmon, 1125 Morse, Denton, 76205 - favor Rosemary Rodriquez, 1313 Wilderness, Denton, 76205 - favor Audrey Meadow, 723 Hill, Denton, 76205 - opposed Charles Williams 2305 Carriage Hill, Denton, 76207 - favor Willie Taylor, 116 South Crawford, Denton, 76205 - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-429 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM SINGLE-FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION City of Denton City Council Minutes November 6, 2001 Page 10 ALLOWING MULTI-FAMILY USES FOR APPROXIMATELY 1 ACRE OF LAND COMMONLY KNOWN AS 702, 710, 714, AND 718 LAKEY STREET GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LAKEY STREET AND WILSON STREET LOCATED IN THE H.C. HIRAM SURVEY, ABSTRACT 616; PROVIDING A CONCEPT PLAN ENCOMPASSING APPROXIMATELY 1 ACRE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z01-0033) Beasley motioned, Fulton seconded to adopt the ordinance with the conditions as suggested by the Planning and Zoning Commission. 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. 35. The Council held a public hearing to consider the adoption of an ordinance disannexing approximately 24.4 acres, located at the northwest corner of Rector Road and IH-35. (Rector Road Disannexation, (,401-0010) Doug Powell, Director of Planning and Development, stated that this was a disannxation that would require a supermajority vote. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Robert Blalock, 1225 Stafford, Duncanville - favor Scott Reib, attorney for the petitioners - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-430 AN ORDINANCE DISANNEXING A TRACT OF LAND WITHIN THE CITY OF DENTON, TEXAS, BEING ALL THAT LOT, TRACT OR PARCEL OF LAND COMPRISING 24.3957 ACRES OF LAND LYING AND SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE J. AYERS SURVEY, ABSTRACT NO. 2 AND PART OF THE B. BURLESON SURVEY, ABSTRACT NO. 65, DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. Phillips 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 carried unanimously. 36. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 6.1 acres located at the northeast corner of Geesling Road and Highway 380 from City of Denton City Council Minutes November 6, 2001 Page 11 Agriculture (A) zoning district to a Light Industrial (LI) zoning district with conditions. Light industrial and commercial development was proposed. The Planning and Zoning Commission recommended approval (6-0) with conditions. (ZOl-O030) Doug Powell, Director of Planning and Development, stated that one issue regarding the proposal was that it currently was located in a neighborhood-center zoning district per the Comprehensive Plan. As such, the proposed use would not fit with the Comprehensive Plan. If approved, the Comprehensive Plan should be adjusted so as to be in conjunction with the proposal. The Mayor opened the public hearing. The following individual spoke during the public hearing: Donald Fraiser, 1740 Westminster, Denton, 76207 - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-431 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL (LI) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 6.1 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF GEESLING ROAD AND HIGHWAY 380; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z01-0030) Phillips motioned, Redmon seconded to adopt the ordinance with the exclusion of conditions 1 and 4 that were 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. 37. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 5.0 acres located between Mingo Road and Fish Trap Road, commonly known as 5501 Fish Trap Road, from an Agriculture (A) zoning district to a Commercial (C) zoning district. An office / warehouse development was proposed. The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z01-0032) Doug Powell, Director of Planning and Development, stated that this property was identified as an existing neighborhood area in the Comprehensive Plan. The proposed use was not supported by the Comprehensive Plan. The Mayor opened the public hearing. No one spoke during the public hearing. City of Denton City Council Minutes November 6, 2001 Page 12 The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-432 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL (C) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5.0 ACRES OF LAND LOCATED BETWEEN MINGO ROAD AND FISH TRAP ROAD, COMMONLY KNOWN AS 5501 FISH TRAP ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ZOl-OO32) Beasley motioned, Burroughs seconded 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. 38. The Council continued a public hearing and considered adoption of an ordinance approving a Zoning Plan for approximately 47.4 acres generally located east of US Highway 377 (Fort Worth Drive) and south of Brush Creek Road. The property was in a One-Family Dwelling (SF-16) zoning district. A single-family subdivision with 16,000 square foot minimum lot size was proposed. The Planning and Zoning Commission recommended approval (5-1-1) with conditions. (ZPOi-O008) Doug Powell, Director of Planning and Development, stated that two neighborhood meetings were held regarding the proposal, staff had evaluated the drainage study and had discussions regarding FEMA's responsibility regarding a flood plain. A supermajority vote of Council was not needed due to the lack of 20% opposition by adjoining property owners. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Tim House, petitioner - favor Sharon Cox, 8008 Wood Creek Circle, Argyle, 76226 - opposed Sandra and Bill Lewis, 900 Brush Creek Road, Argyle, 76226 - opposed The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes November 6, 2001 Page 13 NO. 2001-433 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR APPROVAL OF A ZONING PLAN PERMITTING SINGLE-FAMILY RESIDENTIAL DEVELOPMENT FOR APPROXIMATELY 47.412 ACRES OF LAND GENERALLY LOCATED EAST OF US HIGHWAY 377 (FORT WORTH DRIVE) AND SOUTH OF BRUSH CREEK ROAD AND LEGALLY DESCRIBED AS 47.412 ACRES IN THE G. DAUGHERTY SURVEY, ABSTRACT NO. 351, THE H. HAGGOOD SURVEY, ABSTRACT NO. 517 AND THE W. HUDSON SURVEY, ABSTRACT NO. 586, IN THE CITY OF DENTON, DENTON COUNTY TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ZP-01-0008) Phillips motioned, Mayor seconded to adopt the ordinance and to encourage the developer to work with staff for the creation of a conservation easement dedicated to the City and with the recommended conditions 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. ITEMS FOR INDIVIDUAL CONSIDERATION 39. The Council considered approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Council nominated Larry Wilson and Pearl Ford. The following resolution was considered: NO. R2001-066 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE 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 considered approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Burroughs motioned, Beasley seconded to cast all of the city of Denton's votes for Rick Woolfolk. 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 November 6, 2001 Page 14 NO. R2001-067 A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. 41. The Council considered approval of a resolution appointing members to the Board of Directors of the Industrial Development Authority Board; and providing for an effective date. The following resolution was considered: NO. R2001-068 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Burroughs seconded to approve the resolution as presented by staff. 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 considered approval of a resolution approving a Project Plan for approximately 47.4 acres generally located east of US Highway 377 (Fort Worth Drive) and south of Brush Creek Road. The property was in a One-Family Dwelling (SF-16) zoning district. A single-family subdivision with 16,000 square foot minimum lot size was proposed. (SPO1- O0~S) Bill Lewis presented a comment card in opposition. The following resolution was considered: NO. R2001-069 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A RESIDENTIAL PROJECT PLAN FOR A SINGLE-FAMILY SUBDIVISION WITH 16,000 SQUARE FOOT MINIMUM LOT SIZE, BEING AN APPROXIMATELY 47.4 ACRE SITE GENERALLY LOCATED EAST OF US HIGHWAY 377 AND SOUTH OF BRUSH CREEK ROAD, AND PROVIDING FOR AN EFFECTIVE DATE. (SP- 01-0010) Beasley motioned, Burroughs seconded to approve the resolution with the stipulation that the applicant would work with staff for a conservation easement on the open space. 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 considered adoption of an ordinance on first reading to voluntarily annex approximately 2.67 acres of land generally located north of Crawford Road, east of Interstate City of Denton City Council Minutes November 6, 2001 Page 15 Highway 35W and west of John Paine Road, in the City of Denton Extraterritorial Jurisdiction. (~4 0 ~-0006) Beasley motioned, Burroughs seconded to approve the ordinance on first reading. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 44. The Council considered adoption of an ordinance on first reading to involuntarily annex approximately 300 acres of land generally located north of Lively Road, south of FM 2449 and west of C. Wolfe Road, in the City of Denton Extraterritorial Jurisdiction. (AOl-O007) Doug Powell, Director of Planning and Development stated that staff was continuing to work with the property owner for an agreement in lieu of annexation. To date, there had been no response from Robson Ranch regarding the agreement. Burroughs motioned, Beasley seconded to approve the ordinance on first reading. On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried with a 6-1 vote. 45. The Council considered adoption of an ordinance on first reading to involuntarily annex 882 acres of land generally located south of Jim Christal Road and west of C. Wolfe Road, in the City of Denton Extraterritorial Jurisdiction. (AOl-O008) Doug Powell, Director of Planning and Development, stated that there was no agreement in lieu of annexation at this point in time. McNeill motioned, Burroughs seconded to approve the ordinance on first reading and to continue to negotiate an agreement. On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "nay", Redmon "aye", and Mayor Brock "aye". Motion failed with a 5-2 vote as a supermajority vote was required. 46. The Council considered adoption of an ordinance on first reading to involuntarily annex 104 acres generally located north of Jim Christal Road, south of University and west of Masch Branch Road, in the City of Denton Extraterritorial Jurisdiction. (AOl-O009) Mark Cole, 6376 Jim Christal Road, Denton, spoke in opposition. Beasley motioned, Burroughs seconded to approve the ordinance on first reading. On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried with a 6-1 vote. 47. Roselawn Acres Addition. The 6.2-acre site was located on the south side of Roselawn Road south and west of Denia Park. The property was in an Agricultural (A) zoning district. A two lot single-family development was proposed. a. The Council considered approval of an exaction variance of Section 34-116(c) of the Code of Ordinances, concerning construction of a waterline and fire hydrants for the proposed City of Denton City Council Minutes November 6, 2001 Page 16 Roselawn Acres; Block A, Lots 1 & 2. The Planning and Zoning Commission recommended approval (6-1). (V01-0026) Beasley motioned, Burroughs seconded to approve the variance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. b. Consider approval of an exaction variance of Section 34-114(17) of the Code of Ordinances, concerning sidewalks for the proposed Roselawn Acres, Block A, Lots 1 & 2. The Planning and Zoning Commission recommends approval (5-2). (V01-0024) Fulton motioned, McNeill seconded to approve the variance. 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. 48. Brier Cliff Center Addition. The approximately 2-acre site is located on the east side of State School Road, approximately eighty-seven (87) feet south of the intersection with the frontage road of I-35 East and north of Brighton Drive. A two lot commercial development was proposed. a. The Council considered approval of an exaction variance of Section 34-114(5) of the Code of Ordinances concerning perimeter paving for Lots 1 & 2, Block B of Brier Cliff Center Addition. The Planning and Zoning Commission recommended approval of a partial variance (6-1). (F01-0023) Tommy Caruthers spoke in favor of the request. Phillips motioned, McNeill seconded to approve with variance with the petitioner paying $25,000 of the cost of the perimeter paving. 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 considered approval of an exaction variance of Section 34-114(17) of the Code of Ordinances concerning sidewalks for Lots 1 & 2, Block B of Brier Cliff Center Addition. The Planning and Zoning Commission recommended approval of a partial variance (6-1). (F01-0023) Beasley motioned, Phillips seconded to approve a partial variance as recommended by the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried with a 6-1 vote. Mayor Brock left the meeting with a potential conflict of interest. 49. The Council considered adoption of an ordinance on third reading granting to TXU Gas Distribution, a division of TXU Gas Company, its successors and assigns, a franchise to furnish, transport and supply gas to the general public in the City of Denton, Denton County, Texas, for the transporting, delivery, sale, and distribution of gas in, out of, and through said municipality City of Denton City Council Minutes November 6, 2001 Page 17 for all purposes; providing for the payment of a fee or charge for the use of the streets, alleys, and public ways; repealing all previous gas franchise ordinances and ordinances in conflict herewith; providing that it shall be in lieu of other fees and charges, excepting ad valorem taxes; prescribing the terms, conditions, obligations and limitations under which such franchise shall be exercised; providing a savings clause; a severability clause; and an effective date. McNeill motioned, Fulton seconded to postpone consideration of this item until the November 27th Council meeting. 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. 50. The Council considered nominations and appointments to the City's Boards and Commissions. There were no nominations made at this meeting. 51. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Fulton requested information verifying acts of vandalism reportedly occurring throughout the City. B. Council Member Burroughs requested information regarding available land trust options to the City. C. Council Member Redmon requested a partial review of the noise ordinance relating to noise from vehicles. 52. Items from the City Manager City Manager Conduff did not have any items for Council. 53. There was no continuation of Closed Meeting under Sections 551.071-551.086 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 at 11:00 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS