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Minutes November 27, 2001CITY OF DENTON CITY COUNCIL M1NUTES November 27, 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 27, 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 272.001 and Consultation with the City Attorney---Under TEXAS GOVERNMENT CODE Section 272.001. (1) Deliberated the purchase and value of real property interests for drainage purposes in the B.B.B. & C.R.R. Survey, Abstract No. 186 and being an approximate 1.16 acre tract located in the City of Denton, Denton County, Texas, located about 420 feet south of the intersection of Windsor Drive & North Locust Street, east side of road, which acquisition is for a public purpose. Received legal advise from the City Attorney or his staff concerning legal issues regarding the acquisition of such real property interest. Deliberations regarding economic development negotiations---Under TEXAS GOVERNMENT CODE Section 551.086. (1) Discussed and deliberated regarding commercial or financial information that the City Council has received from Denton Crossing Partners, Inc., a business prospect with whom the City Council is conducting economic development negotiations regarding the location of businesses in the City on an approximate 52 acre parcel of land generally located at the southwest corner of Loop 288 and Spencer Road and the deliberation of an offer of a financial or other incentive to such business prospect. Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. (1) Discussed and considered strategy, status, and possible settlement of litigation with the City's attorneys in litigation styled City of Denton, et al v. TXUElectric Company, et al, Cause No. 009383 currently pending in the 134th District Court of Dallas County, Texas, and discussed legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Minutes November 27, 2001 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, November 27, 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. PROCLAMATIONS/PRESENTATIONS 2. The Mayor presented the following proclamations: World Aids Day was presented to Doreen Rue, Aids Services of Denton. Police Appreciation Day was presented to Captain Paul Abbott of the Denton Police Department and Assistant City Manager Jon Fortune. 3. City Manager Conduff presented recognition of staff accomplishments. CITIZEN REPORTS 4. Peternia Washington regarding perseverance and perceptions of the Council. Ms. Washington was not present at the meeting. 5. Ross Melton regarding Municipal Court. Mr. Melton was not present at the meeting. CONSENT AGENDA Council Member McNeill asked for corrections to the minutes. On the October 23 minutes, he stated that on page 3 under New Business on the item on the efficiency study, he had requested that we move forward with it. On the October 30 minutes, he stated that on page 1 in the last paragraph the general consensus of the council was that a portion of the ESA standards as applied to the floodplain and floodway should be applied to the City's ETJ. On the November 5 minutes, he asked that they be amended to read, "Council Member McNeill left the meeting at 1:15 p.m." Council Member Beasley requested that Item #25 be pulled and considered at the December 4 meeting. Burroughs motioned, Redmon seconded to postpone Item #25 until December 4. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Mayor Brock abstained. Motion carried 6-0. Burroughs motioned, Redmon seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item #25. On roll vote, Beasley "aye", City of Denton City Council Minutes November 27, 2001 Page 3 Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 6. Approved the minutes of October 23, October 30, November 5, and November 6, 2001. Approved a request for an exception to the Noise Ordinance for the purpose of a holiday celebration/neighborhood block party to be held on December 8, 2001 between the hours of 5 PM and 9 PM at the 3100 block of Old North Road to the corner of Old North and Windsor. NO. 2001-435 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF PONDER, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 2001-436 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF ROANOKE, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 10. NO. 2001-437 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 11. NO. 2001-438 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF SECURITY FENCING IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 101196 TO HURRICANE FENCE CO. IN THE AMOUNT OF $27,702). 12. NO. R2001-070 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE WASTEWATER City of Demon City Council Minutes November 27, 2001 Page 4 FUND WITH REVENUE BONDS TO THAT A PROJECT APPROVED IN THE 2000- 2001 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. (PROJECT - $7,000,000.00 FOR WASTEWATER PLANT EXPANSION. 13. NO. 2001-439 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE PECAN CREEK WATER RECLAMATION PLANT EXPANSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2734 - PECAN CREEK WATER RECLAMATION PLANT EXPANSION AWARDED TO ARCHER WESTERN CONTRACTORS, LTD., IN THE AMOUNT OF $16,930,000) 14. NO. 2001-440 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ISBELL ENGINEERING GROUP, INC. FOR MATERIAL TESTING SERVICES RELATED TO THE PECAN CREEK WATER RECLAMATION PLANT EXPANSION PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 15. NO. 2001-441 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A BASKETBALL COURT AT NORTH LAKES PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2739 - NORTH LAKES BASKETBALL COURT AWARDED TO JONES AND JEFFREY CONSTRUCTION, INC. IN THE AMOUNT OF $34,044) 16. NO. 2001-442 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 138 KVA POLE MOUNTED SWITCHES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2743 - 138 KVA SWITCHES AWARDED TO UTILISERVE HIGH VOLTAGE GROUP IN THE AMOUNT OF $77,471.64) 17. NO. 2001-443 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PAD MOUNT 3 PHASE CAPACITOR BANKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND City of Demon City Council Minutes November 27, 2001 Page 5 PROVIDING AN EFFECTIVE DATE. (BID 2745 - 3 PHASE CAPACITOR BANKS AWARDED TO TECHLINE, INC. IN THE ESTIMATED AMOUNT OF $200,000) 18. NO. 2001-444 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIAL AND EQUIPMENT FOR THE iNDUSTRIAL STREET SUBSTATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2746 - iNDUSTRIAL STREET SUBSTATION AWARDED TO UTILISERVE HIGH VOLTAGE GROUP IN THE AMOUNT OF $251,622) 19. NO. 2001-445 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL MASTS, ARMS, AND POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2752 - TRAFFIC SIGNAL MASTS, ARMS AND POLES AWARDED TO PELCO PRODUCTS, INC. IN THE ESTIMATED TOTAL AMOUNT OF $285,000) 20. NO. 2001-446 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNALS AND RELATED HARDWARE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2751 - TRAFFIC SIGNALS AND RELATED HARDWARE AWARDED AS LISTED IN THE ESTIMATED AMOUNT OF $202,000) 21 NO. 2001-447 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 28- 27 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE 2000 INTERNATIONAL BUILDING CODE, 2000 INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, 2000 INTERNATIONAL FUEL GAS CODE, 2000 INTERNATIONAL PLUMBING CODE, 2000 INTERNATIONAL MECHANICAL CODE, AND THE 2000 INTERNATIONAL ENERGY CONSERVATION CODE, ALL PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; PROVIDING FOR AMENDMENTS THERETO; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 22. NO. 2001-448 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 28 "BUILDING AND BUILDING REGULATIONS" BY AMENDING SECTION 28- 28(9)b, TABLE 2 NEW COMMERCIAL BUILDING PERMIT FEES; PROVIDING City of Denton City Council Minutes November 27, 2001 Page 6 FOR THE REPEAL OF ALL ORDINANCES THAT CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTY FOR VIOLATION OF A FiNE NOT TO EXCEED $2,000.00; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 23. NO. 2001-449 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A PROJECT MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS ORDINANCE MAY BE COMMENCED; DECLARING AN EMERGENCY AND AMENDING THE 2001-2002 CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING FOR THE SPENCER ROAD AND 1-35/BRINKER ROAD RAMP; AND PROVIDING AN EFFECTIVE DATE. 24. NO. 2001-450 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS ("ASCAP") TO PROVIDE A LICENSE TO PERFORM PUBLICLY ON PREMISES, EVENTS AND FUNCTIONS NON-DRAMATIC RENDITIONS OF SEPARATE MUSICAL COMPOSITIONS IN THE ASCAP REPERTORY; AND PROVIDING AN EFFECTIVE DATE. 25. This item was not considered. INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS 26. Masch Branch Road Annexation: a. The Council considered adoption of an ordinance on second reading to involuntarily annex approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380, in the extraterritorial jurisdiction (ET J) of the City of Denton. The Planning and Zoning Commission recommended approval (6-0). (AOl-O004) Doug Powell, Director of Planning and Development, presented the details of the case as noted in the agenda materials. The following individuals spoke concerning this item: Latham Jones, 2327 Lovers Lane, Krum, spoke in support Dale Yeatts, 2001 Lariatt Road, Denton, 76207, spoke in support Patricia Adams, 1710 Westminster, Denton, 76201, spoke in opposition The following Comment Cards were presented: City of Denton City Council Minutes November 27, 2001 Page 7 Margaret McNeil, 2018 Lariat Road - support Arlen McNeil, 2018 Lariat Road - support Keith Briggs, 2006 Lariat Road - opposed Mildred Briggs, 2006 Lariat Road - opposed Beasley motioned, Fulton seconded to postpone annexation until December 18, 2001. Phillips motioned, Beasley seconded to amend the motion to postpone the annexation until December 4, 2001. 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 hearing and considered adoption of an ordinance zoning approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380 to the Agriculture (A) zoning district classification. The Planning and Zoning Commission recommended approval (5-1). (ZOl-O005) The Mayor opened the public hearing. The following individual spoke during the public hearing: Dale Yeatts, 2001 Lariat Road, Denton, spoke in support Burroughs motioned, Beasley seconded to continue the public hearing to December 4, 2001. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 27. Hunter Ranch Annexation: a. The Council considered adoption of an ordinance on second reading to voluntarily annex approximately 2,194 acres of land generally located south of FM 2449, west of Interstate Highway 35W, north of Robson Ranch Road and partially east of the Robson Ranch Development and John Paine Road in the City of Denton Extraterritorial Jurisdiction. The Planning and Zoning Commission recommended approval (7-0). (,,101-0005) The following ordinance was considered: NO. 2001-451 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 2,194 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF FM 2449, WEST OF 1-35 WEST, NORTH OF ROBSON RANCH ROAD AND PARTIALLY EAST OF THE ROBSON RANCH DEVELOPMENT AND JOHN PAINE ROAD E. PIZANO SURVEY, ABSTRACT NUMBER 994, THE G. PETTINGALE SURVEY, ABSTRACT NUMBER 1041, THE J. TAFT SURVEY, ABSTRACT NUMBER 1269, THE B.B.B. & C.R.R. SURVEY, ABSTRACT NUMBER 158, THE S. PRITCHETT SURVEY, ABSTRACT NUMBER 1021, THE G. WEST SURVEY, ABSTRACT NUMBER 1393, THE J. DALTON SURVEY, ABSTRACT NUMBER 353, AND THE City of Denton City Council Minutes November 27, 2001 Page 8 S. PRITCHETT SURVEY, ABSTRACT NUMBER 1004, AND THE I. BYERLY SURVEY, ABSTRACT NUMBER 1458, AND THE J. DALTON SURVEY, ABSTRACT NUMBER 353 AND ALSO BEING A PART OF A TRACT OF LAND CONVEYED TO PETRUS INVESTMENT, L.P. BY DEED AS RECORDED BY COUNTY CLERK'S FILE NUMBER 99-0117450, TRACTS I & III, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A PART OF A TRACT OF LAND CONVEYED TO GELIA ESTES COLEMAN BY DEED AS RECORDED BY COUNTY CLERK'S FILE NUMBER 00-0000573, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A-01-0005) Burroughs motioned, Beasley seconded to approve 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 hearing and considered adoption of an ordinance zoning approximately 2,194 acres of land generally located south of FM 2449, west of Interstate Highway 35W, north of Robson Ranch Road and partially east of the Robson Ranch Development and John Paine Road to the Agriculture (A) zoning district classification. Gas wells were proposed. The Planning and Zoning Commission recommended approval (7-0). (zo -ooos) The Mayor opened the public hearing. The following individual spoke during the public hearing: Allison Elko, 1717 Main Street, Suite 2800, Dallas, spoke in support The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-452 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 2,194 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED SOUTH OF FM 2449, WEST OF 1-35 WEST, NORTH OF ROBSON RANCH ROAD AND PARTIALLY EAST OF THE ROBSON RANCH DEVELOPMENT AND JOHN PAINE ROAD; IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE. (Z01-0008) McNeill 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. City of Denton City Council Minutes November 27, 2001 Page 9 Mayor Brock asked Mayor Pro Tem Beasley to preside over the meeting as her voice was giving out. PUBLIC HEARINGS 28. The Council held a public hearing to consider amending Ordinance 2001-191, which defined the zoning district classification of the proposed Knollwood Villas multifamily housing development and places conditions on its construction. The approximately 22-acre property was located on the south side of McKinney Street, approximately 1000 feet west of Loop 288. It was in a Multifamily conditioned (MF-1 [c]) zoning district. The purpose of the proposed amendment was to alter required transportation improvements. The Planning and Zoning Commission recommended approval (6-0). (ZPOi-O006, Kno/lwood Villas'.) Doug Powell, Director of Planning and Development, presented the details of the case as noted in the agenda materials. The Mayor Pro Tem opened the public hearing. The following individual spoke during the public hearing: Allen Bussell, 1668 Amanda Court, Ponder, support The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2001-453 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CONDITION SIX (6) OF ORDINANCE NO. 2001-191 REGARDING CERTAIN REQUIRED TRANSPORTATION IMPROVEMENTS FOR APPROXIMATELY 22 ACRES OF LAND ZONED MULTI-FAMILY CONDITIONED (MF[C]) AND LOCATED ON THE SOUTH SIDE OF LOOP 288 APPROXIMATELY 1000 FEET WEST OF LOOP 288; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ZP01-0006) Redmon motioned, Fulton seconded to approve the most recent version of the ordinance that amended Condition 6 as recommended by the Legal Department. 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 29. The Council considered adoption of an ordinance establishing an economic development program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an economic development program grant agreement with Denton Crossing Partners, City of Denton City Council Minutes November 27, 2001 Page 10 Ltd. regarding the development of an approximate 52 acre parcel of land located at the southwest corner of Loop 288 and Spencer Road; authorizing the expenditure of funds therefor; and providing an effective date. Linda Ratliff, Director of Economic Development, stated that the estimated annual sales tax revenue to be generated by this project was $1.95 million. This estimate was based on projected sales of $130 million. The grant agreement would allow the City to reimburse one-half of one percent of the sales tax generated by the project over a 15-year period. To qualify for the sales tax reimbursement, the applicant would be required to construct a minimum of 350,000 square feet of retail/commercial space. Rick Woolfolk, representing the DISD, spoke in favor. A comment card was submitted from Melissa Glasgow, in support. The following ordinance was considered: NO. 2001-454 AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUS1NESS ACTIVITY IN THE CITY OF DENTON; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH DENTON CROSSING PARTNERS, LTD, REGARDING THE DEVELOPMENT OF AN APPROXIMATE 52 ACRE PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF LOOP 288 AND SPENCER ROAD; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Burroughs 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. 30. The Council considered and took action on a request for relief from the Residential Interim Zoning Regulations, Ordinance 2000-046 for approximately 244 acres generally located on either side of Loop 288 north of Mingo Road, south of King's Row, east of Old North Road and west of Cooper Creek Road. The property was in an Agricultural (A) and One-family Dwelling (SF-7 and SF-10) zoning districts. A planned development containing a variety of single family, multifamily, retail, office and commercial uses was proposed. (RR-Oi-O009, Windsor Oak~) The following individuals spoke concerning this item: Gene Price, 725 Chisolm Trail, Denton, spoke in favor. Wade Lillie, 3800 Deer Forest, spoke in favor but expressed concerns with the connector streets. City of Denton City Council Minutes November 27, 2001 Page 11 Brock motioned, Burroughs seconded to deny adoption of the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "nay", Redmon "nay", and Mayor Brock "aye". Motion carried with a 5-2 vote. Mayor Brock left the meeting with a potential conflict of interest. 31. 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 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. City Attorney Prouty recommended that Council postpone consideration of the ordinance until th the December 18 meeting in order for the Legal Department to continue working on the language relating to the gas rate at the Spencer plant. Burroughs motioned, McNeill seconded to postpone consideration until the December 18th 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. 32. The Council considered nominations and appointments to the City's Boards and Commissions. Council Member Burroughs nominated Rudy Moreno to the Library Board. Burroughs motioned, Beasley 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. Burroughs motioned, Beasley seconded to approve the nomination. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 33. New Business There were no items of New Business suggested by Council. 34. Items from the City Manager City Manager Conduff did not have any items for Council. City of Denton City Council Minutes November 27, 2001 Page 12 35. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 36. 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 8:03 p.m. EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS