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Minutes December 04, 2001 CITY OF DENTON CITY COUNCIL MINUTES December 4, 2001 Work Session of the City of Denton City Council on Tuesday, December 4, 2001 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, McNeill, Phillips, and Redmon. ABSENT: None 1. The Council received a report and held a discussion with Leadership Denton. Council and Leadership Denton members discussed issues relative to the City of Denton. Regular Meeting of the City of Denton City Council on Tuesday, December 4, 2001 at 6:00 p.m. in the Council Chambers at City Hall. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PRESENTATIONS 2. The Council received an update from County Commissioner Jim Carter regarding county issues. Commissioner Carter stated that the county would be increasing taxes by 2 cents. The County and City would continue to work towards an agreement relative to regulations in the extraterritorial jurisdiction. 3. Recognition of staff accomplishments. Assistant City Manager Dave Hill presented recognition of staff accomplishments. CITIZEN REPORTS 4. Eric Hoffiand regarding wastewater treatment fee for new Denton residents and general utility concerns. Mr. Hoffland stated that he had a concern regarding the wastewater treatment fee for new Denton residents. He felt it was unfair on how the fee was determined especially for those residents in apartments. 5. Ross Melton regarding Denton Municipal Court. Mr. Melton stated he was still concerned about the regulations dealing with Municipal Court and the access individuals had to court records. City of Denton City Council Minutes December 4, 2001 Page 2 CONSENT AGENDA Mayor Brock pulled Item # 16 for separate consideration. McNeill motioned, Beasley seconded to approve the Consent Agenda and accompanying ordinances with the exception of Item #16. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Approved a tax refund to William & Catherine Comer in the amount of $902.84. The 2000 property tax was paid twice. 7. NO. 2001-455 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MILDRED M. COCKRELL RELATING TO THE PURCHASE OF APPROXIMATELY 1.16 ACRES OF LAND BEING A TRACT CONVEYED TO JUDD D. COCKRELL AND WIFE, MILDRED M. COCKRELL BY DEED RECORDED IN VOLUME 343, PAGE 432 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, LOCATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186, FOR USE AS DRAINAGE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. NO. 2001-456 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST SERVICE AREA ELEVATED STORAGE TANK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2721 - CONSTRUCTION OF THE NORTHWEST SERVICE AREA ELEVATED STORAGE TANK AWARDED TO LANDMARK STRUCTURES I, L. P., IN THE AMOUNT OF $1,418,700) NO. 2001-457 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 69KV TRANSMISSION POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2753 - SPENCER/WOODROW TRANSMISSION POLES TO THOMAS & BETTS CORPORATION, IN THE AMOUNT OF $230,902) 10. NO. 2001-458 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF SEL PROTECTIVE RELAYS AND DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2759 - ANNUAL CONTRACT City of Demon City Council Minutes December 4, 2001 Page 3 FOR SEL RELAYS AWARDED TO SCHWEITZER ENGINEERING LABORATORIES, iNC., iN THE ESTIMATED AMOUNT OF $502,755) 11 NO. 2001-459 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIAL AND EQUIPMENT FOR THE WOODROW SUBSTATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2760 - WOODROW SUBSTATION AWARDED TO UTILISERVE HIGH VOLTAGE GROUP IN THE AMOUNT OF $242,764). 12. NO. 2001-460 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ETTL ENGINEERS & CONSULTANTS, INC. FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL (MSW PERMIT NO. 1590A); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PSA 2771 - ETTL ENGINEERS AND CONSULTANTS, INC. IN THE AMOUNT NOT TO EXCEED $39,676.24) 13. NO. 2001-461 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE POST-IMPLEMENTATION SUPPORT, BETWEEN THE CITY OF DENTON, TEXAS AND ACCESS TECHNOLOGIES, INC., TO BE PAID FROM PREVIOUSLY BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED AND FIFTY DOLLARS ($256,650); AND PROVIDING AN EFFECTIVE DATE. (PSA 2772 - ATI, INC. IN THE AMOUNT NOT TO EXCEED $256,650) 14. NO. 2001-462 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE QUARTERLY PAYMENTS OF THE SOLID WASTE SURCHARGE; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 101497 TO TNRCC IN THE AMOUNT OF $143,750) 15. NO. 2001-463 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE CONSTRUCTION OF IMPROVEMENTS City of Denton City Council Minutes December 4, 2001 Page 4 AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE DATE. 17. NO. 2001-464 AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PLANTING OF AN EASTERN RED CEDAR TREE AT THE BAYLESS-SELBY MUSEUM; AND DECLARING AN EFFECTIVE DATE. Mayor Brock left the meeting with a conflict of interest. Council considered Item # 16. City Attorney Prouty pulled the item from consideration as the agreement was not finalized at the time of the meeting. Burroughs motioned, McNeill seconded to postpone consideration of the item until the Dec. 18th 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. PUBLIC HEARINGS 18. The Council held a joint public hearing of the City Council and the Planning and Zoning Commission for the purpose of considering public input to the proposed Denton Development Code and the rezoning of all property within the city limits of the City of Denton pursuant to the Denton Plan 1999-2020 and the proposed Denton Development Code. Beasley motioned, McNeill seconded to suspend the rules and limit speaker time to 3 minutes per person. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Norma and Gene Gamble, 2201-2205 North Bonnie Brae, Denton, 76202 Ed Mather, 1806 Concord Lane, Denton, 76205 Gerald Brooks, 1500 Park Lane, Pilot Point, 76258 Dalton Allen, 111 Lexington, Denton, 76205 Paul Spain, 2740 Fuller Wiser, Euless Roland Vela, 729 Ridgecrest Circle, Denton, 76205 Marty Rivers, 2000 Whitefish Court, Denton, 76210 Wilma Haggard, 1900 South Mayhill Road, Denton, 76208 Jason Marshall, 1201 Elm Street, Dallas, 76201 Jim Griffin, 19130 Creek Drive, Dallas, 75252 City of Denton City Council Minutes December 4, 2001 Page 5 CliffReding, 211 Woodrow Lane, Denton, 76205 Chris Watts, 2006 Jasmine, Denton, 76205 Ed Soph, 1620 Victoria Drive, Denton, 76204 Lan Jefferies, Highway 377, Denton Larry Calvert, 1101 Thomas, Denton, 76201 Craig Collins, 4700 Upper Glenwick Court, Argyle, 76226 Howard Compton, 901 Main Street, Dallas, 76202 Jane Provo, Denton Affordable Housing Corporation Dan Fette, 2708 Glenwood, Denton, 76209 Ann Kelsey, 206 Ridgecrest Circle, Denton, 76205 Dick Kelsey, 206 Ridgecrest Circle, Denton, 76205 Weldon Burgoon, 6562 Grissom Road, Denton, 76208 Kay Wilkinson, 1825 Trinity Road, Denton, 76208 Susan Shridharani, 2405 Texas Drive, Irving, 75062 Carol Haesle, 4701 Upper Glenwick, Argyle, 76226 Michael Geisler, 8235 Douglas Avenue, Dallas, 75225 Vicki Lynn Somers, 11636 St. John, Pilot Point, 76258 Rhea McNett, 5842 Blagg Road, Denton, 76208 Dewayne Reeder, 413 Bronco Circle, Denton, 76208 Fred Gossett, 3635 Serendipity Trail, Corinth, 76210 Don Frazier, 1740 Westminster, Denton, 76205 Guy Chet, 2221 Overlook Lane, Denton, 76207 Jim Vogelsang, 1805 Warwick Crescent Circle, Argyle Alan Bussell, 1668 Amanda Court, Ponder, 76259 Edwin O. Fulton, 729 Greenwood, Denton Larry McGehee, 2001 Christina Court, Denton, 76226 Bill Rainey, 2894 Cooper Creek Road, Denton, 76208 Douglas Haskins, 1405 Mistyhollow, Denton, 76209 Todd D. Kurr, 3020 Oakshire, Denton, 76209 Shelly Hattan, P.O. Box 48116, Watauga, 76148 Karen Mitchell, 7823 9 Mile Bridge Road, Ft. Worth, 76135 Betty Kealy, 5213 Gaelic, Denton, 76208 R. Eric Fullerton, 3015 N. Bonnie Brae, Denton, 76207 Ed Wolski, 2301 Hollyhill, Denton, 76205 Randy Smith, 829 Tealwood, Flower Mound, 75028 Rebecca Ginnings, 223 East Liberty, Pilot Point, 76258 Khosrow Sadeghian, P.O. Box 2451, Coppell, 75019 Zeke Martin, 1712 South Bonnie Brae, Denton, 76207 Stephen G. Kniatt, 611 Fort Worth, Denton, 76201 JeffKrueger, 3905 Deer Forest, Denton, 76208 Colleen Fisher, 3106 Saints, Denton, 76209 Gene Price, 725 Chisholm Trail, Denton, 76209 Judith Harden, 1906 McCormick, Denton The Mayor closed the public hearing. City of Denton City Council Minutes December 4, 2001 Page 6 19. The Council held a public hearing and considered adopting by resolution the Denia Neighborhood Small Area Plan. The Denia Neighborhood Plan area covered approximately 936 acres in southwest Denton. The Plan area was bounded by I-35 E to the north, Fort Worth Drive to the east, Roselawn Drive to the south, and Bonnie Brae to the west. The Planning and Zoning Commission recommended approval (6-0) with conditions. (SAOi-O003) Dedra Ragland, Small Area Planning Manager, presented the details of the plan as noted in the agenda materials. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Carol Brantley, 2106 McCormick, Denton, 76205 - favor Sara Bryant, 1500 Kendolph, Denton, 76205 - favor Gerry Veeder, 1721 Wisteria, Denton, 76205- favor Ira DeFoor, 1407 Kendolph, Denton, 76205 G & G Tractor, 1230 Ft. Worth Drive, Denton, 76205 - opposed The Mayor closed the public hearing. The following resolution was considered: NO. R2001-071 A RESOLUTION ADOPTING THE DENIA NEIGHBORHOOD SMALL AREA PLAN FOR RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR AREA IMPROVEMENTS AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Redmon seconded to approve the resolution with the observation that the plan might be overlapping in some areas. Members of the small area plan would work with the businesses along Fort Worth Drive regarding inclusion in the plan. 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. 20. The Council held a public hearing to consider an ordinance amending Chapter 35, Zoning, of the Code of the City of Denton, Texas, relating to gas well development. The Planning and Zoning Commission recommended approval (6-1, Keith opposed). (SIOi-O011, Gas Well Zoning Code) Larry Reichhart, Assistant Director of Planning and Development, stated that gas wells would be allowed by right in industrial and agricultural zoning districts if certain criteria were met. If those criteria were not met, a special use permit would be required per the requirements in Section 35-504 in the ordinance. The Mayor opened the public hearing. City of Denton City Council Minutes December 4, 2001 Page 7 The following individuals spoke during the public hearing: Jay Ewing, Mitchell Energy - favor Bill Pinhall, Devlin Energy - favor Bill Stevens, P.O. Box 2332, Abilene, 79605 - favor Larry McGehee, 2001 Christina Court, Denton, 76226 - favor Jim Vogelgesang, 1805 Warwick Crescent Circle, Denton. 76226 - opposed Chris Mellberg, 1900 Warwick Crescent Court, Denton, 76226 - opposed Creig Collins, 4700 Upper Glenwick Court, Argyle, 76226 - opposed Ike Shupe, 1717 Main Street, Dallas - favor Barbara Powell, Hills of Argyle - opposed Chris Walwert, Hills of Argyle - opposed The following individuals submitted Comment Cards: Carol and David Haesle, 4701 Upper Glenwick Court, Argyle, 76226 - opposed John and Wendie Haine, 4601 Upper Glenwick Court, Argyle, 76226 - opposed The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-465 AN ORDINANCE AMENDING CHAPTER 35, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING ARTICLE XII, REGULATING THE DRILLING AND PRODUCTION OF GAS WELLS WITHIN THE CITY; PROVIDING A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to approve the ordinance as amended by the proposed conditions. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 21. The Council held a public hearing to consider an ordinance amending Chapter 34, Subdivision and Land Development Regulations of the Code of the City of Denton, Texas, to add regulations relating to gas well development. The Planning and Zoning Commission recommended approval (5-0-1, Keith abstained). (SIOi-O011, Gas Well Subdivision Ordinance) Larry Reichhart, Assistant Director of Planning and Development, stated the ordinance would add provisions for gas well development plats to govern the platting and development of gas wells within the corporate limits. City of Denton City Council Minutes December 4, 2001 Page 8 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. 2001-466 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 34, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF DENTON, TEXAS, SECTION 34; DEVELOPMENT PLATS BY ADDING SECTION 34-34 (D), GAS WELL DEVELOPMENT PLATS TO REGULATE GAS WELL DEVELOPMENT IN THE CORPORATE LIMITS OR WITHIN DIVISION 1 OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS; PROVIDING A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 22. The Council held a public hearing and considered an ordinance amending Chapter 35, Zoning, of the Code of the City of Denton, Texas, Section 35, Division 2 Use Regulations, by adding Section 35-79, Oil and Gas Drilling and Production by Right on Municipal Land. The Planning and Zoning Commission recommended denial (5-1, Keith opposed). (SIOi-O011, Gas Well Exempting the City) Larry Reichhart, Assistant Director of Planning and Development, stated that a supermajority vote by Council would be needed to approve this ordinance as the Planning and Zoning Commission had recommended denial. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. McNeill motioned, Phillips seconded to deny approval of the ordinance. Beasley motioned, Burroughs seconded to return the item to the Planning and Zoning Commission for a more thorough investigation of the legal ramifications of the ordinance. 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. City of Denton City Council Minutes December 4, 2001 Page 9 INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS 23. Masch Branch Road Annexation: a. The Council considered adoption of an ordinance approving restrictive covenants between the City of Denton, JVC Partners, Inc. and Marriott Rentals, Inc. pertaining to an agreement in lieu of annexation for Lot 2, Block 1 of the Marriott Gardens Addition, located in the extraterritorial jurisdiction of the City of Denton and being generally located along Masch Branch Road, south of Hampton Road and north of Highway 380; and providing an effective date. Patricia Adams, representing J. R. Marriott, spoke in favor of the ordinance. Comment cards were received from the following individuals: Mike Mizel, 800 Edgewood, Denton, 76205 - favor Lurlene and Erle Mayo, 3913 Hampton, Denton, 76207 - favor E. R. Milner, 4001 Hampton, Denton, 762-7 - favor Dale Yeatts, 2001 Lariot Road, Denton, 76207 Philip Neeley, 2225 Lovers Lane, Krum, 76249 Natalie Riegelman, 3819 Hampton, Denton, 76207 - favor The following ordinance was considered: NO. 2001-467 AN ORDINANCE APPROVING RESTRICTIVE COVENANTS BETWEEN THE CITY OF DENTON, JVC PARTNERS, INC. AND MARRIOTT RENTALS, INC. PERTAINING TO AN AGREEMENT IN LIEU OF ANNEXATION FOR LOT 2, BLOCK 1 OF THE MARRIOTT GARDENS ADDITION, LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND BEING GENERALLY LOCATED ALONG MASCH BRANCH ROAD, SOUTH OF HAMPTON ROAD AND NORTH OF HIGHWAY 380; 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. b. 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) Beasley motioned, Burroughs seconded to deny the annexation 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 December 4, 2001 Page 10 c. The Council did not continue a public hearing nor consider 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) ITEMS FOR INDIVIDUAL CONSIDERATION 24. The Council considered nominations and appointments to the City's Boards and Commissions. There were no nominations or appointments made at the meeting. 23. New Business The following item of New Business was suggested by Council for future agendas: Council Member McNeill requested a work session regarding rental housing regulations. 24. Items from the City Manager A. Notification of upcoming meetings and/or conferences B. Clarification of items on the agenda City Manager Conduff asked Council if a December 12th work session would be needed in regards to the development code. Consensus of the Council was to hold a work session on that date. 25. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 26. 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 12 midnight. EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS