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Minutes June 18, 2002CITY OF DENTON CITY COUNCIL M1NUTES June 18, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 18, 2002 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Council Members Fulton, McNeill, and Montgomery ABSENT: Mayor Pro Tern Burroughs; Council Members Phillips and Redmon 1. The Council considered a report, held a discussion and gave staff direction regarding the proposed transportation service plan adopted by the Interim Executive Committee of the Denton County Transportation Authority. Jon Fortune, Assistant City Manager for Public Safety and Transportation Operations, presented a review of the proposed service plan developed by the Denton County Transportation Authority. Included in the review were the goals and objectives for the plan and the proposed services. Council Member Redmon joined the meeting. Fortune detailed the regional rail plan, the regional connector service, the feeder/local bus service, demand response service, local assistance/corridor preservation, funding scenarios, and future deadlines/considerations. Council Member Burroughs joined the meeting. The following individuals spoke during the meeting: Dr. Norval Pohl, UNT President Dr. Lee Ann Nutt-NCTC Provost for Corinth Campus Bob Haley-CEO Denton Regional Medical Center Dr. Ann Stuart-TWU President Chuck Carpentter-Denton Chamber of Commerce Ray Bejarano-Golden Triangle Mall Council Member Phillips joined the meeting. Consensus of the Council was to proceed with a resolution of support for consideration at the July 16th meeting. 2. The Council received a report, held a discussion, and gave staff direction regarding the use of a sales tax option to fund local street maintenance and repair, and to assess other municipal sales tax options. Dave Hill, Assistant City Manager for Development Services, reviewed the regionally significant roadways and local streets components of roadway improvement programming. He stated that the city had the capacity to increase local sales tax by ~A% or ~A% to support regional transit. The recommendation was to approve the implementation of a pavement management system to enable clear and concise evaluation of city streets. Staff was requesting direction on whether or not to pursue this option of adding the ~A% sales tax for street maintenance and repair. City of Denton City Council Minutes June 18, 2002 Page 2 3. The Council discussed the nomination process for the City's Boards and Commissions. Jennifer Walters, City Secretary, updated the Council on the process for board and commission nominations. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of June 18, 2002. Following the completion of the Work Session, the Council convened in a Closed Meeting to consider the following: 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 of certain real property comprising a tract of land containing approximately 0.565 acres 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, as part of the Colorado/Mayhill/Edwards Paving and Drainage Improvements Project. 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 of certain real property comprising tracts of land containing approximately 3.172 acres for Public Utility Easements and 2.655 acres for Temporary Construction Easements from the Denton Independent School District, all of which are located in the S. McKracken Survey Abstract Number 817, City of Denton, Denton County, Texas as part of the Lake Ray Roberts Water Transmission Line Project and the Loop 288 Water Line Project. 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 of certain real property comprising of tracts containing approximately 0.807 acres, 0.036 acres, 0.089 acres, 0.124 acres, and 0.028 acres of land, located in the City of Denton, Denton County, Texas in the Stephen A. Venter Survey, Abstract No. 1315, located on the south side of Hickory Creek Road, just east of the intersection of Livingstone Drive and Hickory Creek Road, City of Denton City Council Minutes June 18, 2002 Page 3 which acquisition is for public purpose; receive legal advise from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interest. (Hickory Creek Road Improvements Project); and Deliberated the purchase and value of real property interests of certain real property comprising a tract containing approximately 1.043 acres of land, located in the City of Denton, Denton County, Texas in the Stephen A. Venter Survey, Abstract No. 1315, located on the south side of Hickory Creek Road, just west of the intersection of Teasley Lane and Hickory Creek Road, which acquisition is for public purpose; receive legal advise from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interest. (Hickory Creek Road Improvements Project); and Deliberated the purchase and value of real property interests of certain real property comprising of tracts containing approximately 0.769 acres and 0.089 acres of land, located in the City of Denton, Denton County, Texas in the Eli Pickett Survey, Abstract No. 1018, located on the north side of Hickory Creek Road, just west of the intersection of Teasley Lane and Hickory Creek Road, which acquisition is for public purpose; receive legal advise from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interest. (Hickory Creek Road Improvements Project); and Deliberated the purchase and value of real property interests of certain real property comprising of a tract containing approximately 0.352 acres of land, located in the City of Denton, Denton County, Texas in the Eli Pickett Survey, Abstract No. 1018, located on the north side of Hickory Creek Road, approximately 750' west of the intersection of Teasley Lane and Hickory Creek Road, which acquisition is for public purpose; receive legal advise from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interest. (Hickory Creek Road Improvements Project); and Deliberated the purchase and value of real property interests of certain real property comprising of tracts containing approximately 0.589 acres and 0.043 acres of land, located in the City of Denton, Denton County, Texas in the Eli Pickett Survey, Abstract No. 1018, located on the north side of Hickory Creek Road, approximately 400' east of the intersection of Livingstone Drive and Hickory Creek Road, which acquisition is for public purpose; receive legal advise from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interest. (Hickory Creek Road Improvements Project); and City of Denton City Council Minutes June 18, 2002 Page 4 Deliberated the purchase and value of real property interests of certain real property comprising of tracts containing approximately 0.062 acres and 0.016 acres of land, located in the City of Denton, Denton County, Texas in the Eli Pickett Survey, Abstract No. 1018, located on the north side of Hickory Creek Road, approximately 150' east of the intersection of Livingstone Drive and Hickory Creek Road, which acquisition is for public purpose; receive legal advise from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interest. (Hickory Creek Road Improvements Project) Consultation with the City Attorney--Under TEXAS GOVERNMENT CODE Section 551.071. Discussed and considered strategy, status, and possible settlement of litigation with the City's attorneys in litigation styled City of Denton, et al v. TXU Electric 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. Regular Meeting of the City of Denton City Council on Tuesday, June 18, 2002 at 6:30 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. Mayor Brock presented the June Yard-of-the-Month Awards: Ed and Sue Maglaughlin Mark and Loretta Keaton Eric and Cheryl Fritsch Ann and Dan Neal Inez Kelly Laurie J. Hammett Robert and Elinor Hughes-Xeriscaped Yard Calloway's Nursery-Commercial Award 3. Recognition of staff accomplishments. City Manager Conduff presented staff accomplishments to the Council. City of Denton City Council Minutes June 18, 2002 Page 5 CITIZEN REPORTS 4. Nell Yelldell regarding the DISD school taxes. Ms. Yelldell stated that the taxes for the DISD were too high. She also complained about the concrete company and the dumping of concrete in the creek next to her house. 5. Willie Hudspeth regarding citizen concerns with the City. Mr. Hudspeth again complained about the smoking outside the building. He stated again that there were no African American firefighters employed by the City of Denton. He again asked for clarification on the rules for speaking before the Council. 6. Dessie Goodson regarding the City's involvement with low-income people. Ms. Goodson stated that she found clothes in the dumpster behind Calhoun Middle School. She felt they should have been given to poor people rather than putting them in the dumpster. She asked the Council to get involved with the DISD and not throw the clothes in the dumpster. 7. Ed Soph regarding the Good News and the Bad News. Mr. Soph stated that the EPA had published the toxic chemical air emissions for businesses in the City. Peterbilt Motors and Acme Brick had a reduction in their emissions but Safety Kleen had increased its emissions from 1999-2000. 8. Dick Hershberger regarding healthcare needs. Mr. Hershberger was not present at the meeting. 9. Dave Harper regarding deregulation. Mr. Harper was not present at the meeting. 10. Ross Melton regarding Code Enforcement and criminal trespass. Mr. Melton stated he was still having problems with Code Enforcement and felt that the officers had trespassed on his property in noting violations in his backyard. CONSENT AGENDA Burroughs motioned, Montgomery seconded to approve the Consent Agenda and the accompanying ordinances and resolution. On roll vote, Burroughs"aye', Fulton"aye', McNeill"ay~', Montgomery"ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously. 11. Approved the minutes of May 7, May 9, May 14, May 20, May 21, and May 28, 2002. 12. NO. 2002-173 City of Demon City Council Minutes June 18, 2002 Page 6 13. 14. 15. 16. 17. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JAMES DUNCAN & ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING AND CONSULTING SERVICES PERTAINING TO THE PREPARATION OF AN UPDATED IMPACT FEE STUDY FOR THE WATER AND WASTEWATER UTILITIES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-174 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A TOWER/GROUND LEASE AGREEMENT BY AND BETWEEN THE CITY, AS LESSOR, AND CINGULAR WIRELESS, AS LESSEE, FOR THE LEASE OF TOWER SPACE ON THE MCKENNA PARK TOWER AND ON THE GROUNDS; AUTHORIZING THE EXPENDITURE AND RECEIPT OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. This item was pulled from consideration. NO. R2002-023 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. NO. 2002-175 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH EMCON/OWT FOR PROFESSIONAL ENGINEERING SERVICES CONSTRUCTION QUALITY ASSURANCE (CQA) PROFESSIONAL OF RECORD (POR) FOR SOIL L1NER QUALITY CONTROL AT THE DENTON MUNICIPAL LANDFILL AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PSA 2862 TO EMCON/OWT IN THE AMOUNT OF $117,564). NO. 2002-176 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A CONTRACT FOR COLLECTION SERVICES FOR DELINQUENT TAXES ON BEHALF OF THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFSP 2847- DELINQUENT TAX ATTORNEY AWARDED TO L1NEBARGER, GOGGAN, BLAIR, PENA, & SAMPSON, LLP AND GREGORY & CONNER, P.C). City of Demon City Council Minutes June 18, 2002 Page 7 18. NO. 2002-177 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE REPLACEMENT OF THE CIVIC CENTER HVAC SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2852- CIVIC CENTER HVAC REPLACEMENT AWARDED TO BCI MECHANICAL, INC. IN THE AMOUNT OF $89,410). 19. NO. 2002-178 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELLS IN PHASE 2 OF THE CITY OF DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2859- CONSTRUCTION OF LANDFILL CELLS IN PHASE 2 AWARDED TO L.D. KEMP CONSTRUCTION iN THE AMOUNT OF $878,497.50). 20. NO. 2002-179 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF OUTDOOR WARNING SIRENS AND PERIPHERAL ITEMS WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 105276 TO GIFFORD ELECTRIC, INC. IN THE AMOUNT OF $87,393 FOR THREE ADDITIONAL SIRENS FOR OUTDOOR WARNING SYSTEM). 21 NO. 2002-180 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 INSTALLATION, CONFIGURATION, AND ASSOCIATED SUPPORT HARDWARE AND SOFTWARE FOR A XIOTECH STORAGE AREA NETWORK FROM THE HARDING GROUP, INC., A QUALIFIED iNFORMATION SERVICES VENDOR (QISV) OF THE STATE OF TEXAS. (PURCHASE ORDER 105224-THE HARDING GROUP, INC. IN THE AMOUNT OF $169,930). 22. NO. 2002-181 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND PULTE HOMES TO REIMBURSE OWNER FOR THE COSTS OF BUILDING A WATER MAIN THROUGH PRORATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. City of Demon City Council Minutes June 18, 2002 Page 8 23. 24. 25. 26. NO. 2002-182 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND PULTE HOMES TO REIMBURSE OWNER FOR THE COSTS OF BUILDING A SEWER MAIN THROUGH PRORATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-183 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND RAY HALLFORD RELATING TO THE PURCHASE OF A 0.565 ACRE TRACT 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 NUMBER 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, AS PART OF THE COLORADO/MAYHILL/EDWARD S PAVING AND DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-184 AN ORDINANCE APPROVING THE PURCHASE OF 3.172 ACRES OF LAND FOR PUBLIC UTILITY EASEMENTS AND 2.655 ACRES FOR TEMPORARY CONSTRUCTION EASEMENTS BETWEEN THE CITY OF DENTON AND DENTON iNDEPENDENT SCHOOL DISTRICT LOCATED IN THE S. MCKRACKEN SURVEY ABSTRACT NUMBER 817, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (LAKE RAY ROBERTS WATER TRANSMISSION LiNE PROJECT AND THE LOOP 288 WATER LiNE PROJECT). NO. 2002-185 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.807 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND A DRAINAGE AND ACCESS EASEMENT CONTAINING APPROXIMATELY 0.036 ACRE AND THREE TEMPORARY CONSTRUCTION, GRADING, AND ACCESS EASEMENTS CONTAINING APPROXIMATELY 0.089 ACRE, 0.124 ACRE AND 0.028 ACRE, RESPECTIVELY, ALL OF WHICH ARE LOCATED IN STEPHEN A. VENTURE SURVEY, ABSTRACT NO. 1315 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS City of Demon City Council Minutes June 18, 2002 Page 9 AND BEING PART OF A TRACT OF LAND CONVEYED TO GARY JAY MADRIGAL BY QUITCLAIM DEED RECORDED IN VOLUME 4155, PAGE 1004, DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE 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 STREET, DRAINAGE, UTILITY AND RELATED IMPROVEMENTS; AND DECLARING AN EFFECTIVE DATE. ('PARCEL 3) 27. NO. 2002-186 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1.043 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY LOCATED IN STEPHEN A. VENTURE SURVEY, ABSTRACT NO. 1315 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING PART OF A TRACT OF LAND CONVEYED TO ALVIN E. MEREDITH ET UX BY DEED RECORDED IN VOLUME 829, PAGE 474 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE 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 STREET, DRAINAGE, UTILITY AND RELATED IMPROVEMENTS; AND DECLARING AN EFFECTIVE DATE. ('PARCEL 4) 28. No. 2002-187 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.769 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND A TEMPORARY CONSTRUCTION, GRADING, AND ACCESS EASEMENT CONTAINING APPROXIMATELY 0.089 ACRE OF LAND, LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF PARCEL 2, CONVEYANCE PLAT LEXINGTON PARK SOUTH, RECORDED IN CABINET S, PAGE 299, PLAT RECORDS OF DENTON COUNTY, TEXAS, CONVEYED TO DWIGHT THOMPSON MINISTRIES, INC. BY DEED RECORDED IN VOLUME 3135, PAGE 439, DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE 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 City of Demon City Council Minutes June 18, 2002 Page 10 PURPOSE OF CONSTRUCTING STREET, DRAINAGE, UTILITY AND RELATED IMPROVEMENTS; AND DECLARING AN EFFECTIVE DATE. (PARCEL 5) 29. NO. 2002-188 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.352 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT NO.1018 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO THE MLM FAMILY TRUST BY DEED RECORDED UNDER COUNTY CLERKS FILE NUMBER 96-0059630, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE 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 STREET, DRAINAGE, UTILITY AND RELATED IMPROVEMENTS; AND DECLARING AN EFFECTIVE DATE. (PARCEL 6) 30. NO. 2002-189 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.589 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND A TEMPORARY CONSTRUCTION, GRADING, AND ACCESS EASEMENT CONTAINING APPROXIMATELY 0.043 ACRE, BOTH OF WHICH ARE LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING PART OF A TRACT OF LAND CONVEYED TO GEORGE T. CONNELL, JR. BY DEED RECORDED IN VOLUME 3135, PAGE 436, DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE 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 STREET, DRAINAGE, UTILITY AND RELATED IMPROVEMENTS; AND DECLARING AN EFFECTIVE DATE. (PARCEL 7) 31 NO. 2002-190 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.062 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF City of Demon City Council Minutes June 18, 2002 Page 11 THE CITY OF DENTON AND A TEMPORARY CONSTRUCTION, GRADING, AND ACCESS EASEMENT CONTAINING APPROXIMATELY 0.016 ACRE, BOTH OF WHICH ARE LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO TINA M. LAUER BY DEED RECORDED IN VOLUME 4468, PAGE 744, DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE 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 STREET, DRAINAGE, UTILITY AND RELATED IMPROVEMENTS; AND DECLARING AN EFFECTIVE DATE. (PARCEL 8) 32. APPROVED AN EXACTION VARIANCE OF SECTION 35.20.3(B.) OF THE CODE OF ORDINANCES CONCERNING PERIMETER SIDEWALK FOR THE LIVERPOOL ADDITION, BEING A 5.1 ACRE SINGLE FAMILY RESIDENTIAL PARCEL LOCATED IN A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT AND ON THE WESTERLY SIDE OF BONNIE BRAE APPROXIMATELY 500 FEET SOUTH OF CORBIN ROAD. THE PLANNING AND ZONING COMMISSION RECOMMENDS APPROVAL OF A FULL VARIANCE (5- 2) Wo2-ooo8) 33. APPROVED AN EXACTION VARIANCE OF SECTION 35.20.2(L.3.A.) OF THE CODE OF ORDINANCES CONCERNING PERIMETER PAVING FOR THE LIVERPOOL ADDITION, BEING A 5.1 ACRE SINGLE FAMILY RESIDENTIAL PARCEL LOCATED IN A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT AND ON THE WESTERLY SIDE OF BONNIE BRAE APPROXIMATELY 500 FEET SOUTH OF CORBIN ROAD. THE PLANNING AND ZONING COMMISSION RECOMMENDS APPROVAL OF A FULL VARIANCE (5- 2) Wo2-ooo7) 34. NO. 2002-191 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS TO THE CONTRACT BETWEEN THE CITY OF DENTON AND PHARLAP CONSTRUCTION, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (CHANGE ORDER ONE IN THE AMOUNT $139,613, CHANGE ORDER TWO IN THE AMOUNT OF $3,058 AND CHANGE ORDER THREE IN THE AMOUNT OF $4,392.) 35. NO. 2002-192 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SOUTH RIDGE RECREATION CLUB FOR THE REPAIR OF SWIMMING POOLS TO BE OPEN TO RESIDENTS OF THE CITY OF DENTON UPON PAYMENT OF MEMBERSHIP FEES; City of Denton City Council Minutes June 18, 2002 Page 12 PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 36. NO. 2002-193 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON A GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO OBTAINING FUNDS FOR THE REPLACEMENT OF A VEHICLE (BUS) FOR THE TRANSIT SYSTEM; AND DECLARING AN EFFECTIVE DATE. 37. NO. 2002-194 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE JUNETEENTH COMMITTEE TO SUPPORT THE JUNETEENTH PAGEANT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS 38. The Council continued a public hearing and considered adoption of an ordinance rezoning approximately 37 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property was generally located on the west side of Bonnie Brae north of Windsor and south of Riney Road. The Planning and Zoning Commission recommended approval of Neighborhood Residential Mixed Use 12 (NRMU-12) (4-2). (Z02-0007) [Property owner initiated rezoning, initially reviewed during the Development Code review process.] Doug Powell, Director of Planning and Development, presented the details of the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Eric and Maria Fullerton, 3015 North Bonnie Brae, Denton, 76207 - favor John Smith, 3309 North Bonnie Brae, Denton, 76207-favor Comment cards were submitted by: Martha and Wallace Duke, 3315 North Bonnie Brae, Denton, 76207 - favor Dorothy Smith, 3309 North Bonnie Brae, Denton, 76207-favor The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes June 18, 2002 Page 13 NO. 2002-195 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 37 ACRES OF LAND GENERALLY LOCATED ON THE WEST SIDE OF NORTH BONNIE BRAE ROAD NORTH OF W1NDSOR DRIVE AND SOUTH OF NORTH ELM STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVEPomILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0007) Fulton motioned, Phillips seconded to approve the zoning designation as NRMU. On roll vote, Burroughs"nag', Fulton"ayg', McNeill"ayg', Montgomery"ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried with a 6-1 vote. 39. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 0.8 acres generally located at the southeast corner of Taliaferro Street and Elm Street, from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed-Use (NRMU-12) zoning district. Attached single-family dwellings were proposed. The Planning and Zoning Commission recommended approval (7-0). (Z02-0005) Doug Powell, Director of Planning and Development, presented the details of the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Karen Mitchell, representing the petitioner- favor Diana Hatch, 2117 North Locust, Denton, 76209 - opposed A comment card opposing the proposal was submitted by Michael Hatch, 2117 N. Locust, Denton, 76209. The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-196 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU- 12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.8 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ELM STREET AND TALAFERRO STREET INTERSECTION AND LEGALLY DESCRIBED AS TRACTS 95 AND 96 OF ABSTRACT N. MEISENHEIMER SURVEY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS City of Denton City Council Minutes June 18, 2002 Page 14 THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-000S) Burroughs motioned, Phillips seconded to adopt the ordinance with NRMU-12 zoning. On roll vote, Burroughs"ayg', Fulton"ayg', McNeill "ayg', Montgomery"ayg', Phillips "ayg', Redmon"ayg', and Mayor Brock"nag'. Motion carried with a 6-1 vote. 40. The Council held a public hearing and considered adoption of an ordinance amending Ordinance 99-439, regarding a Comprehensive Plan Amendment, from Community Mixed Use Center to Neighborhood Center. The area for amendment encompassed approximately 9.1 acres. The site was generally located southeast of the intersection of Loop 288 at Sherman Drive, approximately 510 feet east of Poinsettia Boulevard. The area for amendment was part of a larger development containing a variety of single-family, multifamily, retail, office and commercial uses. The Planning and Zoning Commission recommended approval (6-1). (CA02- ooo ) Doug Powell, Director of Planning and Development, presented the details of the proposal and noted that Item #41 was a companion of this item. Council might want to consider the two items at the same time. The Mayor opened the public hearings for Items #40 and #41. The following individual spoke during the public hearings: Jeff Crandell spoke in favor. The Mayor closed the public hearings for Items #40 and #41. The following ordinance was considered: NO. 2002-197 AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT ENCOMPASSING APPROXIMATELY 9.1 ACRES AND GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF LOOP 288 AT SHERMAN DRIVE, APPROXIMATELY 510 FEET EAST OF POINSETTIA BOULEVARD; PROVIDING A SAVINGS AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA-02-0001) Redmon motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "ay6', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. 41. The Council held a public hearing and considered adoption of an ordinance rezoning multiple parcels totaling approximately 11.3 acres from Neighborhood Residential 3 (NR-3) and Community Mixed Use General (CM-G) zoning districts to Neighborhood Residential Mixed- Use 12 (NRMU-12) and Neighborhood Residential 6 (NR-6) zoning districts. The property was generally located approximately 200 feet east of Sherman Drive and Poinsettia Boulevard City of Denton City Council Minutes June 18, 2002 Page 15 intersection. Town homes and detached single-family dwelling units were proposed. The Planning and Zoning Commission recommended approval (6-1). (Z02-0024) The public hearing was held in conjunction with Item #40. The following ordinance was considered: NO. 2002-198 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) AND COMMUNITY MIXED-USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU-12) AND NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR APPROXIMATELY 11.3 ACRES OF LAND GENERALLY LOCATED APPROXIMATELY 200 FEET EAST OF SHERMAN DRIVE AND POINSETTIA INTERSECTION AND LEGALLY DESCRIBED AS PORTION OF TRACT 5 OF ABSTRACT S. MCCRACKEN SURVEY, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0024) Burroughs motioned, Phillips seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. 42. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 72.3 acres from an Agriculture (A) zoning district to a Neighborhood Residential 3 (NR-3) zoning district. The site was generally located north of Loop 288, south of Long Road, east of Stuart Drive and west of Sherman Drive. The rezoning was required to bring property into compliance with the new Development Code zoning classifications. The Planning and Zoning Commission recommended approval (7-0). (Z02-0023) Doug Powell, Director of Planning and Development, stated he would answer any questions from Council. The Mayor opened the public hearing. The following individual spoke during the public hearing: Allen Bussell, 1668 Amanda Court, Ponder, 76259-favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-199 City of Denton City Council Minutes June 18, 2002 Page 16 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 72.3 ACRES IN THE CITY OF DENTON FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION TO NEIGHBORHOOD RESIDENTIAL 3 (NR-3); THE TRACT BEING GENERALLY LOCATED NORTH OF LOOP 288, SOUTH OF LONG ROAD, EAST OF STUART DRIVE AND WEST OF SHERMAN DRIVE, IN THE CITY OF DENTON; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (Z02-0023) Burroughs motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. 43. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 3.0 acres of land from a Regional Center Residential 1 (RCR-1) zoning district to a Regional Center Commercial Downtown (RCC-D) zoning district. The site was generally located at 4011 Interstate 35 E northbound, on the easterly side of the service road adjacent to the Finfer Furniture Outlet. Future commercial development was proposed. The Planning and Zoning Commissions recommended approval (7-0). (Z02-0025) Doug Powell, Director of Planning and Development, presented the details of the proposal. 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. 2002-200 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 3 ACRES OF LAND FROM A REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT TO A REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT, SAID TRACT LOCATED TO THE EAST SIDE OF INTERSTATE I35-E ADJACENT TO THE F1NFER FURNITURE OUTLET, IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Phillips motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton '~g', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock"ayg'. Motion carried unanimously. City of Denton City Council Minutes June 18, 2002 Page 17 44. The Council held a public hearing and considered adoption of an ordinance amending Chapter 35, Code of Ordinances of the City of Denton, Texas; "Development Code" by adding Subchapter 15, "Signs and Advertising Devises"; providing for a cumulative provision; providing for a severability clause; providing for a penalty in the amount of $2,000 for violations thereof; and declaring an effective date. The Planning and Zoning Commission recommended approval (7-0). (SI02-0004) Doug Powell, Director of Planning and Development, presented the details of the proposal. 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. 2002-201 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35, CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, "DENTON DEVELOPMENT CODE' BY ADDING SUBCHAPTER 15, "SIGNS AND ADVERTISING DEVICES' PROVIDING FOR A CUMULATIVE PROVISION; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "ay6', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. Mayor Brock left the meeting with a conflict of interest. 45. The Council held a public hearing to receive public comments and evidence on TXU Gas Distribution's request to change rates in the North Texas Metroplex Distribution System including the City of Denton, Texas. City Attorney Prouty briefed the Council on Items #45 and #46. The Mayor Pro Tem opened the public hearing. The following individual spoke during the public hearing: Elizabeth Dedmon, 2102 Fair Oaks Circle, Corinth, 76210 - spoke in favor of denial. The public hearing was closed. ITEMS FOR INDIVIDUAL CONSIDERATION City of Denton City Council Minutes June 18, 2002 Page 18 46. The Council considered approval of a resolution denying TXU Gas Distribution's request to change rates in the North Texas Metroplex Distribution System as recommended by the coalition of cities' consultants and counsel; requiring prompt reimbursement of cities' rate case expenses; and providing for an effective date. The following resolution was considered: NO. R2002-024 A RESOLUTION DENY1NG TXU GAS DISTRIBUTION'S REQUEST TO CHANGE RATES IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM AS RECOMMENDED BY THE COALITION OF CITIES' CONSULTANTS AND COUNSEL; REQUIRING PROMPT REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; AND PROVIDING FOR AN EFFECTIVE DATE. Montgomery motioned, Fulton seconded to approve the resolution. On roll vote, Burroughs"aye', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', and Redmon "ayg'. Motion carried unanimously. 47. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing settlement of litigation styled City of Denton v. Texas Utilities Company, et al., Cause No. 009383 currently pending in the 134th District Court of Dallas County, Texas; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documents necessary to effect such settlement under the terms set forth in the attached compromise settlement and release agreement, and to take such other actions deemed necessary to finalize the settlement; and declaring an effective date. The following ordinance was considered: NO. 2002-202 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF LITIGATION STYLED CITY OF DENTON lA. TEXAS UTILITIES COMPANY,, ET AL., CAUSE NO. 009383 CURRENTLY PENDING IN THE 134TM DISTRICT COURT OF DALLAS COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT UNDER THE TERMS SET FORTH IN THE ATTACHED COMPROMISE SETTLEMENT AND RELEASE AGREEMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT; AND DECLARING AN EFFECTIVE DATE. McNeill motioned, Phillips seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton '~g', McNeill"ayg', Montgomery"ayg', Phillips"ayg', and Redmon"ayg'. Motion carried unanimously. 48. The Council considered adoption of an ordinance appointing Municipal Judge, Robin Ramsay, as Administrative Law Judge for discovery purposes and delegating to the City of Denton City Council Minutes June 18, 2002 Page 19 Administrative Law Judge the authority to prepare discovery guidelines in the proceeding entitled "TXU Gas Distribution's Statement of Intent to Increase Rates in the North Texas Metroplex Distribution System"; providing the Administrative Law Judge the powers set forth in the body of this ordinance; and providing an effective date. The following ordinance was considered: NO. 2002-203 AN ORDINANCE APPOINTING MUNICIPAL JUDGE, ROBIN RAMSAY, AS ADMINISTRATIVE LAW JUDGE FOR DISCOVERY PURPOSES AND DELEGATING TO THE ADMINISTRATIVE LAW JUDGE THE AUTHORITY TO PREPARE DISCOVERY GUIDELINES IN THE PROCEEDING ENTITLED "TXU GAS DISTRIBUTION'S STATEMENT OF INTENT TO INCREASE RATES IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM"; PROVIDING THE ADMINISTRATIVE LAW JUDGE THE POWERS SET FORTH IN THE BODY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Fulton motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton '~g', McNeill"ayg', Montgomery"ayg', Phillips"ayg', and Redmon"ayg'. Motion carried unanimously. Mayor Brock returned to the meeting. 49. The Council considered adoption of an ordinance on first reading to voluntarily annex approximately 345.5 acres of land generally located north of Loop 288, east of Bonnie Brae, and west of Locust in the northern section of the City of Denton extraterritorial jurisdiction (ETJ). (,~02-000~) Doug Powell, Director of Planning and Development, presented the details of the proposal. Burroughs motioned, Montgomery seconded to adopt the ordinance on first reading. On roll vote, Burroughs"ayg', Fulton"ayg', McNeill "ayg', Montgomery"ayg', Phillips "ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously. 50. The Council considered adoption of an ordinance concerning the Alternative Development Plan for Chuck E Cheese and Denton Park 35 development. The approximately 7.5 acre property was in the Downtown Commercial General (DC-G) zoning district and was generally located on the north side of Interstate 35E, approximately 210 feet west of Centre Place and east of Meadow. Alternative site design standards, including stacking, connectivity and pervious parking requirements were proposed. (The Planning and Zoning Commission will make a recommendation on June 12, 2002.) (SP02-0003) Doug Powell, Director of Planning and Development, presented the details of the proposal. The Planning and Zoning Commission had recommended approval with the condition that the internal connectivity not be applied to the entire site and review as the inner parcels were made available. City of Denton City Council Minutes June 18, 2002 Page 20 Fulton motioned, Mayor seconded to approve the proposal with the Planning and Zoning Commission's recommendation. Nick Nicholas spoke on the issue Fulton revised her motion to approve the internal connectivity provided for all six lots by the four-lane road as noted on page two of the agenda backup with the exception of#4 and #5. Brock withdrew her second. Burroughs seconded the revised motion. The following ordinance was considered: NO. 2002-204 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR CHUCK E. CHEESE, BEING AN APPROXIMATE 1.6 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF INTERSTATE 35E, APPROXIMATELY 210 FEET WEST OF CENTRE PLACE AND EAST OF MEADOW LEGALLY DESCRIBED AS LOT 1, OF THE DENTON PARK 35 ADDITION, PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. On roll vote, Burroughs"ayg', Fulton"ayg', McNeill"ayd', Montgomery"ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"nag'. Motion carried with a 6-1 vote. 51. The Council considered adoption of an ordinance concerning the Alternative Development Plan for the Denton Crossing development. The approximately 54-acre site was generally located at the southwest corner of Loop 288 and Spencer Road. Alternative site design standards, including parking requirements and architectural elevations, were proposed. The Planning and Zoning Commission recommended approval (7-0). (SP02-O001) Burroughs motioned, Redmon seconded to amend the Council rules to allow speakers. There were no objections from Council. The following individuals spoke on the issue: Kevin Caldwell, representing the petitioner - favor Allen Bussell, 1668 Amanda Court, Ponder, 76259 - favor The following ordinance was considered: NO. 2002-205 City of Denton City Council Minutes June 18, 2002 Page 21 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR DENTON CROSSING DEVELOPMENT, BEING AN APPROXIMATE 54 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF LOOP 288 AND SPENCER ROAD LEGALLY DESCRIBED AS LOT 1, BLOCK A, OF THE LONE STAR PAR 3 ADDITION, TRACTS 1, 2, AND 3 OF THE J. TAFT SURVEY, TRACT 6 OF THE J. CHEEK SURVEY, AND TRACTS 39, 40, 41, 42, AND 43 OF THE M. AUSTIN SURVEY; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs"ayd', Fulton "ayd', McNeill "ayd', Montgomery "ayd', Phillips "ayd', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. 52. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Phillips requested information on how to readdress the denied SUP on Stanley Street for a home business with the possibility of a limited SUP on a temporary trial period of limited scope. B. Council Member Redmon requested information on Ms. Yelldell's concern regarding the concrete company. C. Council Member Redmon requested information on how to make Juneteenth a city holiday. D. Council Member Fulton requested that the issue of the timing of watering of yards be brought forward as soon as possible. E. Council Member Fulton requested a work session on the time line on how long it took developers/contractors to work through all the development steps until finally approved. 53. Items from the City Manager City Manager Conduff did not have any items for Council. 54. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 55. 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 10:20 p.m. City of Demon City Council Minutes June 18, 2002 Page 22 EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS