Loading...
Minutes June 17, 2003CITY OF DENTON CITY COUNCIL MINUTES June 17, 2003 After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, June 17, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, and Thomson. ABSENT: Council Member Redmon 1. The Council received a report, held a discussion, and provided staff direction concerning revisions to the City of DeNon Code of Ordinances, Chapter 24, Solid Waste. Vance Kemler, Director of Solid Waste, presemed a draft of the solid waste code revisions. He detailed the project team, general provisions of the code, residemial and commercial services provided by the city, provisions for permitting service providers, recycling services offered by the city to the residems, and guidelines for disposal services. Council Member Redmon arrived during the discussion. Council questions dealt with substantive changes that were being proposed, changes in definitions, the possibility of instituting a "pay as you go" system for solid waste collection, enforcemem issues dealing with the provisions of the changes, a listing of the changes and the reasons for making those changes, and the appeal process for type of services. 2. The Council discussed the nomination process for the City's Boards and Commissions. Jennifer Walters, City Secretary, presented the timeline for the nomination/appointment of members to the various boards and commissions. She indicated that Council should provide her with their nominations during the next several weeks for consideration at a luncheon meeting during the week of July 14~h. The Board and Commission reception would be held on August 5th. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of June 17, 2003. 4. Council reviewed and discussed the contents of a DVD from the Texas Municipal Power Agency ("TMPA") titled "A Vision for the Future". Following the completion of the Work Session, the Council convened in a Closed Meeting to consider the following: 1. Closed Meeting: Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under TEX. GOV'T. CODE Section 551.086. Received competitive electric and commercial information from one of the City's Texas Municipal Power Agency ("TMPA") Board Members and/or City Staff pertaining to certain matters respecting present and future maintenance City of Demon City Council Minutes June 17, 2003 Page 2 issues, financial issues, operational issues, legal and compliance issues, and other related issues and strategies concerning the City's interest in, and its business relationship with TMPA; and discuss, deliberate, consider, and provide such TMPA Board Member and/or Staff with direction regarding such matters. Bo 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 value and purchase of real property imerests of certain real property needed for the Spencer Road Project from Loop 288 to Woodrow; and receipt of legal advise from the City Attorney on matters in which his professional responsibility to the City Council requires private legal consultation pertaining to the Spencer Road Project and right-of-way acquisition. Regular Meeting of the City of Demon City Council on Tuesday, June 17, 2003 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. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock presemed the following proclamations: Frank and Betty Barrow Week National Aquatics Week Parks and Recreation Week B. June Yard-of-the-Month Awards Mayor Brock presented the June Yard of the Month awards to: Homer and Betty Nabors Ron Perrett and Lorenzo Garcia Juanita Guerrra, Christina Noriega and Olga Noriega Bob and Debbie Billips The Johnson Family Marilyn and Jim Payne Xeriscaped Yard-Denton Rehabilitation and Nursing Center Business Yard - Nucon Steel Commercial Corporation City of DeNon City Council Minutes June 17, 2003 Page 3 Resolutions of Appreciation 1. The Council considered approval of a Resolution of Appreciation for Mike Harral. Burroughs motioned, Thomson seconded to approve the resolution. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. Recognition of staff accomplishments City Manager Harrell presemed staff accomplishmems to Council. 3. CITIZEN REPORTS A. The Council received citizen reports from the following: 1. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth again stated his concern that there were no African-American firefighters. He also expressed concern about the minority hiring practices of the City of DeNon. He asked again to limit the smoking outside the main entrance of the building. 4. CONSENT AGENDA Council Member McNeill requested that Item 4CC be pulled for separate consideration. Council Member Thomson requested that Item 4J be removed for separate consideration. Mayor Brock indicated that Item 6F would be removed from consideration. Burroughs motioned, Momgomery seconded to approve the Consent Agenda and accompanying ordinances with the exception of 4J and 4CC. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Item 4J was considered. Council Member Thomson stated that the bid for asphalt was much lower than the bid for concrete. He felt the asphalt would be better and motioned to approve the asphalt bid for paving rather than the concrete bid. Motion died for lack of a second. Charles Fiedler, Director of Engineering, presented reasons for using the concrete rather than asphalt stating that over the life of road the concrete would have less maintenance than the asphalt. Redmon motioned, Burroughs seconded to approve Item 4J as indicated in the agenda. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "nay" and Mayor Brock "aye". Motion carried with a 6-1 vote. City of DeNon City Council Minutes June 17, 2003 Page 4 Item CC was considered. Council Member McNeill stated that he requested this item be pulled for separate consideration as it was listed on the agenda as a denial and he waned the issue to be considered. McNeill motioned, Burroughs seconded to approve Item CC. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Approved a request for an exception to the Noise Ordinance for the purpose of the Fall Into Concert Series on Sunday, September 21, 2003; Sunday, September 28, 2003; Sunday, October 5, 2003; and Sunday, October 12, 2003 at Fred Moore Park, from 3:00 p.m. to 5:00 p.m. The requestor is specifically asking for an exception to all for live music on Sunday. Confirmed the re-appointment by the City Manager of Vicki Henington to the Civil Service Commission. 2003-170 - An ordinance accepting competitive bids and awarding an annual coNract for the purchase of 3 Phase Single and Double Tap Primary Fused Enclosures; providing for the expenditure of funds therefor; and providing an effective date (Bid 2989 - Annual Price AgreemeN for 3 Phase Primary Fused Enclosures awarded to Wesco Distribution in the estimated amouN of $105,543). 2003-171 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Pre-Cast Concrete Octagonal Manholes; providing for the expenditure of funds therefor; and providing an effective date (Bid 3025 - Annual Price Agreement for Pre-Cast Concrete Octagonal Manholes awarded to New Basis in the estimated amouN of $54,000). 2003-172 - An ordinance authorizing the City Manager or his designee to execute change order 2 to the contract between the City of Denton and Archer Western Contractors, Ltd.; providing for the expenditure of funds therefor; and providing an effective date (Bid 2734 - Pecan Creek Water Reclamation Plan Expansion Change Order 2 awarded to Archer Western Contractor, Ltd. in the amount of $87,375.25). 2003-173 An ordinance providing for the expenditure of funds for the emergency purchase of contract work and equipment to repair storm damage to DME equipment located on Bonnie Brae Street in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3041 - Emergency Purchase for Repair of DME Facilities awarded to South Win Construction Inc. in the amount of $87,357.31). 2003-174 - An ordinance accepting competitive bids and awarding a public works contract for the construction of Malone Street improvements; providing for the expenditure of funds therefor; and providing an effective date (Bid 2925 - Urban City of DeNon City Council Minutes June 17, 2003 Page 5 Street Program-Malone Street CSJ0918-46-106 awarded to Jagoe-Public Company in the amoum of $445,152.90). Ho 2003-175 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the parking lot improvements for Mack Park, Denia Recreation Center and Senior Center; providing for the expenditure of funds therefor; and providing an effective date (Bid 3015 - Mack Park, Denia Recreation Center, Senior Center, Parking Lot Improvement Project awarded to Calvert Paving Corporation in the base bid amoum of $259,652.44 plus Alternates 1-7 in the amoum of $29,940.50 for a total amount of $289,592.94). 2003-176 - 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 for the construction of Spencer Road and the Loop 288 bypass may be commenced; declaring an emergency and amending the 2002-2003 Capital Improvement Budget to allow the funding for said project; and providing an effective date. Jo 2003-177 - An ordinance accepting competitive bids and awarding a public works contract for the construction of Spencer Road paving, drainage and water improvemems; providing for the expenditure of funds therefor; and providing an effective date (Bid 3028 - Spencer Road Paving, Drainage & Water Improvements awarded to Jagoe-Public Company in the amount of $2,794,719.25). Ko 2003-178 - An ordinance accepting competitive bids and awarding a public works contract for the construction of a Xeriscape/Landscape Detention Pond for the North Branch Library; providing for the expenditure of funds therefore; and providing an effective date (Bid 3029 - Construction of Xeriscape/Landscape Detemion Pond for the North Branch Library awarded to Harrison Quality Construction in the amoum of $34,527.74). Lo 2003-179 - An ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a bucket truck with aerial device as awarded by the State of Texas Building and Procuremem Commission (Comract TXMAS-3-23010); providing for the expenditure of funds therefor; and providing an effective date (File 3042 - Bucket Truck With Aerial Device awarded to Altec industries, inc. in the amoum of $119,418). Mo 2003-180 An ordinance of the City of DeNon, Texas, authorizing first amendment to an interlocal Agreement between the City of Denton, Texas and University of North Texas extending the term of the contract to provide a volunteer coordinator for the Denton Community Network to build a training program for volumeers; authorizing the expenditure of funds; and providing an effective date. City of Demon City Council Minutes June 17, 2003 Page 6 No 2003-181 - An ordinance of the City of Demon, Texas authorizing the re- advertisemem for a Non-Drilling, Paid-Up Pooling Agreemem for an Oil and Gas Lease Agreement for South Lake Park within the City of Denton, Texas; and providing an effective date. Oo 2003-182 - An ordinance of the City of Demon, Texas, accepting the bid submitted by Trio Consulting & Management, L.L.C., and authorizing the negotiation of a Non-Drilling/Pooling Agreement for an approximate 3.13-acre tract owned by Denton Municipal Electric for an electric substation, and providing an effective date. Po 2003-183 - An ordinance of the City of Demon, Texas authorizing the rejection for all bids and the re-advertisemem for a Non-Drilling, Paid-Up Pooling Agreement for Oil and Gas Lease Agreements for North Lakes Park, Denia Park, and the Airport Open Space Park, within the City of Denton, Texas; and providing an effective date. Qo 2003-184 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.357 acre tract or parcel of land and an approximate 2.152 acre tract or parcel of land both in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Denton, and a drainage easement containing approximately 0.226 acre and a temporary construction easement comaining approximately 0.309 acre, all said tracts being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Alex N. Bickley recorded in Volume 987, Page 548 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 just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for street, utility and right-of-way purposes, drainage easemem purposes, and temporary construction easement purposes; and declaring an effective date. (Tract 4) Ro 2003-185 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 1.075 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Demon and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a correction deed to Ronald West Atkins and wife, Barbara Atkins recorded under Clerk's File Number 97-R0043235 in of the Real Property Records of Demon County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for street, utility and right-of-way purposes; and declaring an effective date. (Tract 5) City of Demon City Council Minutes June 17, 2003 Page 7 So 2003-186 - An ordinance authorizing the City Manager or his designee to purchase a 0.60 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Demon and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to American Legion Post #71 recorded in Volume 561, Page 464 of the Deed Records of Denton County, Texas; authorizing the expenditure of funds; and declaring an effective date. (Tract 6) 2003-187 - An ordinance authorizing the City Manager or his designee to purchase a 0.494 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Demon and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Terry S. Stanford recorded under Clerk's File Number 96-R0082307 in the Real Property Records of Denton County, Texas and also being out of that certain tract or parcel of land in a deed to Elizabeth Marie Hardy recorded in Volume 4643, Page 2430 of the Real Property Records of Denton County, Texas; authorizing the expenditure of funds; and declaring an effective date. (Tract 7 & 8) Uo 2003-188 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.095 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Demon and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Charles E. Bailey recorded under Clerk's File Number 98-R0035413 in of the Real Property Records of Demon County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for street, utility and right-of-way purposes; and declaring an effective date. (Tract 9) go 2003-189 - An ordinance abandoning and vacating a portion of an electric line easement from L. R. Strickland to Brazos River Transmission Electric Cooperative, Inc. recorded in Volume 386, Page 59 of the Deed Records of Denton County, Texas, and abandoning and vacating a portion of an electric line easemem from Grace Start Copeland, James C. Copeland, Maude Starr Ellis, J. F. Start, C.D. Starr, W. P. Starr, Ann R. Boyd, F. L. Start, Annie Starr Whaley, Jack Starr, Eunice Star Thomas, T. M. Starr, Susie Starr Sargent, O. L. Sargent, B. L. Ellis and C. M. Star to Brazos River Transmission Electric Cooperative, Inc. recorded in Volume 384, Page 121 of the Deed Records of Denton County, Texas, and both easements subsequently assigned to the City of Denton in an instrument recorded in Volume 2736, Page 825 of the Real Property Records of Demon County, Texas in the Samuel Kephart Survey, Abstract No. 721 and the George McGlothlin Survey, Abstract No. 888 and the A. Serren Survey, Abstract No. 1198 and the B.B.B. & C.R.R. Survey, Abstract No. 190, said portion being on City of DeNon City Council Minutes June 17, 2003 Page 8 the tracts of land as described in the deed to Lake Sharon L.P. recorded in Volume 4122, Page 1957 and Volume 4017, Page 875 of the Real Property Records, Denton County, Texas and the deed to ACLP Swisher Road Commercial, L.P. recorded by County Clerk file number 99-R0006837 Real Property Records, DeNon County, Texas, and the deed to Lake Sharon Christian CeNer Inc., recorded in Volume 4107, Page 2239, Real Property Records, DeNon County, Texas and declaring an effective date. Wo 2003-190 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a sanitary sewer easement in, over, on, across, and under an approximate 0.7827 acre tract or parcel of land, a temporary construction easement containing approximately 0.2878 acres of land, and a temporary construction easement containing approximately 1.0946 acres of land, all tracts being located in the Mary L. Austin Survey, Abstract No. 4 in Denton County, Texas and being part of a tract or parcel of land owned by KeN Key and John Rainey; authorizing the City Manager or his designee to make an offer to purchase the easemeNs for their just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property; and declaring an effective date. Xo An ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting, LLC for consulting services relating to: 2003-191 - Task Order No. 03-E, regarding completion of a Fixed Asset Cost Separation Study relating to Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. 2003-192 - Task Order No. 03-F, regarding the 2003 Transmission Cost of Service filing at the Public Utility Commission of Texas relating to Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. Yo Approved an exaction variance of Section 35.20.3(A.3.) of the Code of Ordinances concerning collector street sidewalk requirements. The parcel contained approximately 1.8 acres and was located on the northwest corner of Paisley Street and Campbell Street. The property was currently designated as a neighborhood resideNial (NR-4) zoning district. A day school/care curreNly existed. The Planning and Zoning Commission recommended approval of a partial variance as proposed by the applicaN (6-0) (V03-0010) go 2003-193 - An ordinance of the City of DeNon authorizing a service agreemeN in the amount of $750.00 between the City of Denton, Texas and the Juneteenth Committee to support the 2003 Juneteenth celebration; providing for the expenditure of funds therefore; and providing for an effective date. 2003-194 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Kiwanis Club for the payment and use of City of DeNon City Council Minutes June 17, 2003 Page 9 $19,946 in Hotel Tax Revenue; approving a budget for, and authorizing expenditure of, these funds, and providing an effective date. BB. Approved the minutes of May 19, 20, 21 and 27, 2003. CC. Approved an exaction variance of Section 35.20.2 (P.1.) of the Code of Ordinances concerning coordination with surrounding streets and connectivity and 35.20.2 (A.3.c.) concerning maximum cul de sac lengths. The approximately 11.5-acre parcel was located on the easterly side of Coumry Club Road/FM1830 and on both sides of Regency Oaks Drive and was in a Neighborhood Residemial 2 (NR-2) zoning district. A single-family subdivision was proposed. The Planning and Zoning Commission recommended denial (6-1). (V03-0013- Regency Oaks) 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance granting a license at Brinker Road at milepost 724.3 for the installation of a subsurface electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. Bob Tickner, Parks and Recreation Superimendent, stated that the public hearing was required by the Texas Parks and Wildlife Department as this was a request to change the use of a portion of the property from a park and recreation use. The City's Electric Departmem was requesting to construct a new electric line across the rail trail. This would be a subsurface crossing underneath the rail trail. 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. 2003-195 AN ORDINANCE GRANTING A LICENSE AT BRINKER ROAD AT MILEPOST 724.3 FOR THE INSTALLATION OF A SUBSURFACE ELECTRIC LINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A LICENSE AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Demon City Council Minutes June 17, 2003 Page 10 B. The Council held a public hearing and considered adoption of an ordinance granting a license for a surface use of a portion of the Denton Branch Rail Trail approximately 120 feet south of Corinth Parkway at milepost 727.7 for the installation of an overhead electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. Mayor Brock left the meeting with a conflict of interest. Bob Tickner, Parks and Recreation Superintendent, stated that the public hearing was required by the Texas Parks and Wildlife Department as this was a request to change the use of a portion of the property from a park and recreation use. The City of Corimh was constructing a new city hall and need to cross the rail trail with an overhead electric line for power to the building. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing The Mayor Pro tem closed the public hearing. Council Member Thomson left the meeting with a conflict of imerest. The following ordinance was considered: NO. 2003-196 AN ORDINANCE GRANTING A LICENSE FOR A SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 120 FEET SOUTH OF CORINTH PARKWAY AT MILEPOST 727.7 FOR THE INSTALLATION OF AN OVERHEAD ELECTRIC LINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A LICENSE AND PROVIDING AN EFFECTIVE DATE. Redmon motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", and Redmon "aye". Motion carried unanimously. Mayor Brock and Council Member Thomson returned to the meeting. C. The Council held a public hearing and considered adoption of an ordinance granting approval of a surface use of a portion of the Denton Branch Rail/Trail at Loop 288 milepost 724 for the purpose of a public street easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. Bob Tickner, Parks and Recreation Superintendent, stated that the public hearing was required by the Texas Parks and Wildlife Department as this was a request to change the use of a portion of the property from a park and recreation use. The request was from the City's Engineering Department for a temporary bypass for the reconstruction of Loop 288 and the removal of the City of Demon City Council Minutes June 17, 2003 Page 11 bridge on the site. The Parks, Recreation and Beautification Board had approved the request with the conditions of an upgrade of the traffic lights at Loop 288 and the future planning for a pedestrian bridge over the new Loop 288. The Mayor opened the public hearing. The following individual spoke during the public hearing: Ken Royal, 305 Bluebird Circle, Demon, 76201 - pleased with the Council's consideration for the safety of cyclists during construction. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-197 AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL AT LOOP 288 MILEPOST 724 FOR THE PURPOSE OF A PUBLIC STREET EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A LICENSE AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance graining a license for a subsurface use of a portion of the Demon Branch Rail Trail approximately 600 feet north of Pockrus Page Road at milepost 725.7 for the installation of a subsurface electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. Bob Tickner, Parks and Recreation Superintendent, stated that the public hearing was required by the Texas Parks and Wildlife Department as this was a request to change the use of a portion of the property from a park and recreation use. This was a request from the City's Electric Department for a subsurface line at Pockrus Page Road. There would be no negative impact on the park use. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: City of Demon City Council Minutes June 17, 2003 Page 12 NO. 2003-198 AN ORDINANCE GRANTING A LICENSE FOR A SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 600 FEET NORTH OF POCKRUS PAGE ROAD AT MILEPOST 725.7 FOR THE INSTALLATION OF A SUBSURFACE ELECTRIC LINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A LICENSE AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance concerning the creation of a Special Sign District for an approximately 35.5 acre site that is generally located at the northeast corner of Brinker Road and Rails and Trails Reserve intersection. The purpose of the Special Sign District was to allow signage for a development to deviate from the requirements of Subchapter 15 of the Development Code. The Planning and Zoning Commission recommended approval with conditions (5-0). (SD03-0001, Quail Creek) Larry Reichhart, Assistant Director of Planning and Development, stated that the one negative response that was originally received had been withdrawn. The Planning and Zoning Commission recommended approval with the condition that the signs be made of the same materials and color. The approval of the Sign District would result in less signs than would be allowed by the currem ordinance. The Mayor opened the public hearing. The following individual spoke during the public hearing: Alan Bussell, 1621 Amanda Court, Ponder, 76259 - favor Mayor Brock indicated that a Commem Card had been received from Susan Kedron, 901 Main #6000, Dallas, 75202, in support of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-199 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN APPROXIMATE 35.5 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF BRINKER ROAD AND RAILS TO TRAILS RESERVE IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD03-0001) City of Demon City Council Minutes June 17, 2003 Page 13 McNeill motioned, Kamp seconded to adopt the ordinance with the conditions as stated by the Planning and Zoning Commission. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. F. The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for a gas well site on approximately 40 acres of land. The property was in a Neighborhood Residemial 6 (NR-6) and Community Mixed Use General (CM- G) zoning districts. The subject property was generally located south of Mission, north of Hobson Lane and east of U.S. 377 (Fort Worth Drive). One gas well was proposed. The Planning and Zoning Commission recommended approval (6-0). (Z03-0014, Hilliard-Fulton Unit No. 1) Larry Reichhart, Assistant Director of Planning and Development, stated that a gas well was proposed at this location. A Specific Use Permit was required in a NR-6 zoning district. The Planning and Zoning Commission had recommended approval with four conditions. The Mayor opened the public hearing. The following individual spoke during the public hearing: Shelly Hatten, speaking for petitioner, favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-200 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 40 ACRES OF LAND LOCATED IN THE CITY OF DENTON IN THE WILLIAM DANIEL SURVEY, ABSTRACT NO. 378 AND GENERALLY LOCATED SOUTH OF MISSION AVENUE, NORTH OF HOBSON LANE, AND EAST OF U.S. 377 HIGHWAY OR FORT WORTH DRIVE WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) AND COMMUNITY MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0014) McNeill motioned, Burroughs seconded to adopt the ordinance with the noted conditions. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance on first reading to volumarily City of Demon City Council Minutes June 17, 2003 Page 14 annex approximately 67.69 acres of land generally located north and east of Teasley Lane (FM 2181), and west of Blue Bonnett in the southeastern section of the City of Denton Extraterritorial Jurisdiction (ET J). The Planning and Zoning Commission recommended approval (5-0). (A03- 0001, Teasley Lane High School) Larry Reichhart, Assistant Director of Planning and Development, stated that this was the first reading for the voluntary annexation by the DISD for a new high school site. The following ordinance was considered: FIRST READING AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 67.69 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH AND EAST OF TEASLEY LANE (FM 2181) AND EAST OF BLUE BONNETT IN THE SOUTHEASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE J.C. BAKER SURVEY, ABSTRACT NUMBER 47, DENTON COUNTY, TEXAS AND BEING PART OF THE CALLED 13.404 ACRE TRACT DESCRIBED IN THE DEED FROM GLENN WAYNE GRAY, JR. ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 874 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A PART OF THE CALLED 13.406 ACRE TRACT DESCRIBED IN THE DEED FROM BRANDON S. GRAY ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 870 OF THE SAID REAL PROPERTY RECORDS, A PART OF THE CALLED 13.387 ACRE TRACT DESCRIBED IN THE DEED FROM CHARLES RUDY ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 860 OF THE REAL PROPERTY RECORDS, AND THE CALLED 37.595 ACRE TRACT DESCRIBED IN THE DEED FROM CLAUDE D. ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 865 OF THE REAL PROPERTY RECORDS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A03-0001). Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered an ordinance of the City of Demon, Texas authorizing participation in a coalition of cities known as the Alliance of TXU Municipalities (ATM) in order to hire attorneys and experts to respond to the filings of TXU Gas Company locally and before the Railroad Commission of Texas including the authority to negotiate with the company and to direct any necessary litigation; authorizing intervention at the Railroad Commission of Texas; suspending the effective date of TXU Gas Distribution's requested rate changes as set forth in their Statement of Intent filed with the City Secretary to permit the City time to study the request and establish reasonable rates; to require the reimbursement of municipal rate case expenses; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. City of DeNon City Council Minutes June 17, 2003 Page 15 Mayor Brock and Council Member Thomson left the meeting with a conflict of interest. Herb Prouty, City Attorney, briefed the Council on the details of the filing of TXU. The following ordinance was considered: NO. 2003-201 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PARTICIPATION IN A COALITION OF CITIES KNOWN AS THE ALLIANCE OF TXU MUNICIPALITIES (ATM) IN ORDER TO HIRE ATTORNEYS AND EXPERTS TO RESPOND TO THE FILINGS OF TXU GAS COMPANY LOCALLY AND BEFORE THE RAILROAD COMMISSION OF TEXAS INCLUDING THE AUTHORITY TO NEGOTIATE WITH THE COMPANY AND TO DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AT THE RAILROAD COMMISSION OF TEXAS; SUSPENDING THE EFFECTIVE DATE OF TXU GAS DISTRIBUTION'S REQUESTED RATE CHANGES AS SET FORTH IN THEIR STATEMENT OF INTENT FILED WITH THE CITY SECRETARY TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND ESTABLISH REASONABLE RATES; TO REQUIRE THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", and Redmon "aye". Motion carried unanimously. Mayor Brock and Council Member Thomson returned to the meeting. C. The Council considered adoption of an ordinance approving an Alternative Development Plan for the Brinker Crossing development. The approximately 2.0 acre developmem was generally located on the west side of Brinker Road, south of Loop 288. The property was within a Regional Cemer Commercial Dowmown (RCC-D) zoning district. Commercial uses were proposed. The Planning and Zoning Commission recommended approval with conditions (5-0). (ADP03-0005, Brinker Crossing) Larry Reichhart, Assistant Director of Planning and Development, stated that the alternative plan proposed parking between the building and the road with architectural elemems to screen the parking with fence and landscaping. The following ordinance was considered: NO. 2003-202 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR BRINKER CROSSING City of DeNon City Council Minutes June 17, 2003 Page 16 DEVELOPMENT, BEING AN APPROXIMATE 2 ACRE SITE LOCATED APPROXIMATELY 450 FEET SOUTH OF LOOP 288 ALONG THE WEST SIDE OF BRINKER ROAD LEGALLY DESCRIBED AS LOTS 5 AND 6 BLOCK A OF THE BR1NKER CROSSING ADDITION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0005) Redmon motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance approving an Alternative Development Plan for approximately 23.7 acres generally located at the northwest corner of Brinker Road and Colorado Boulevard imersection. The subject property was within a Regional Cemer Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the Development Code. Office uses were proposed. The Planning and Zoning Commission recommended approval (6-0). (ADP03-0006, Sally Beauty) Larry Reichhart, Assistant Director for Planning and Development, stated that the proposal was to deviate from the connectivity requirements due to the location of Denton's rails to trails and the current development of the connecting property. The proposal was to also deviate from the street tree requirements in order to save a large quantity of existing trees in several locations. The following ordinance was considered: NO. 2003-203 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR SALLY BEAUTY SERVICE CENTER, BEING AN APPROXIMATE 23.7 ACRE SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF BRINKER ROAD AND COLORADO BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0006) Burroughs motioned, McNeill seconded to adopt the ordinance as proposed. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving an Alternative Developmem Plan for approximately 0.92 acres, commonly known as 3303 Colorado Boulevard, generally located along the north side of Colorado Boulevard approximately 1,100 feet east of Brinker Road and Colorado Boulevard imersection. The subject property was within a Regional Cemer Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the Development Code. A medical office was proposed. The Planning and Zoning Commission recommended approval with conditions (6-0). (ADP03-0007, Quantum Family Medical) City of Demon City Council Minutes June 17, 2003 Page 17 Larry Reichhart, Assistant Director of Planning and Development, stated that the alternative plan was needed to allow parking between the building and the street and to orientate the building toward the parking lot. The developer was trying to save a large grove of trees and to orientate the parking closer to the building for patients. There would also be a shared access with the existing office building to facilitate the site design of a drive aisle in from of the building. The Planning and Zoning Commission had recommended two conditions. The following ordinance was considered: NO. 2003-204 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR 3303 COLORADO BOULEVARD, BEING AN APPROXIMATE 0.92 ACRE SITE LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD APPROXIMATELY 1,100 FEET EAST OF BRINKER ROAD LEGALLY DESCRIBED AS LOT 2 BLOCK B OF THE DENTON REGIONAL MEDICAL CENTER SUBDIVISION, PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND EFFECTIVE DATE. (ADP03-0007) Thomson motioned, Momgomery seconded to adopt the ordinance with the amendmems as suggested. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. F. Consider adoption of an ordinance calling a sales tax election to be held in the City of Demon, Texas, on September 13, 2003, designating polling places, appoiming election officials; providing for early voting; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof; providing an open meetings clause; and providing for an effective date. This item was not considered. G. New Business The following items of New Business were suggested by Council Members for future agendas: Council Member McNeill requested a work session with staff and developers regarding asphalt versus concrete standards for roads. Council Member Burroughs suggested a revision to the current gas and oil drilling ordinance to included an automatic provisions for screening from the start of construction. A variance would be required in order to not screen the well. Council Member Redmon requested a discussion on developmem language to save existing trees on a roadway. City of Demon City Council Minutes June 17, 2003 Page 18 Council Member Redmon requested a work session on the jail closing situation. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. I. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. J. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:40 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK MAYOR CITY OF DENTON, TEXAS