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Minutes November 1, 2005IN dËÝ@ÁJ¶£GÂÁ¬Ñ¨ËôîÁš|HkZBÜ5§ßmÏÃqÝ!f‚¼P“Ômæ«Ó=3·9œe'Vëc,çTÓê(5ú†bVd(œéÿ'ä´d€Ld`Å¨¿úÝkåUÎŠoeE½0«0Yçä«@Õ†erôï_}71pPEÂ1ýËûâªå÷OÂB…ò€BH`Dw >?ßÖîPá|”9]{I¸-JÂð('¥Á¨¯Ëá¨ÑÖºÌàî>ÕÌäÛN¦7ã=(ãû¼~’Ù3£¨™pK {RDvªêçä¥õ¤È’mZaÛxg&3ÒB›ML¨ÈR¿¤áÆéÓOQ+“3µ˜„DÈk T-0/ ×¾ŽSÀ]_x‘]hŒChíX²O{¶yLQYlƒø8®HTç–ÁDOiS;Xwmv¡l(rX=è…gP)õ^áx aMI>WQÄÐ~ÂÕxOg8 ”íl8V!”Sbdùf*äMS!Qœ4ÉNd%T6æ\cPÚøaÈï~Ä™µÎ/…Mn'Yó~P¢Z&Qm†8bîÚ*:äÅu$5Úá§=¾‘Ôy&Á&ÑE/¹ftn²w (mñTa~S"Ü\tbb1w~Ð€ùímÓ<í,FPKLCPKCLÂá'`>ygGêÑœgy5ýéÜPabRvaf`!%ÕtJ>éxá2ZµµG\¬å¿#äpø<M‘?ïæ›ægy™! ‚La/|ÍåØü/KG%ù©ÏŠMPZ#5ŒV6bC"° sQr«eMO¢äOÂÎî]OÂçÊã«¡6/vŒ0*ª‡; ŠScú™¶¼¹Z åâp(äTGŽœ©;VŸZLV`F`¼Ë{uV53s¸z íá²‹EŸÒý¡êª¶ã6î˜æí=’¡!Š‰ûF,ñ`vwCÈÿ|ë404<ïýþÍk½"õº@†-3Tyu,¿ýˆmMyoÈ0u/u}:Yf$áuÐTSAíQ`PN0¨&îF›¡f±?ÿ„qiÂîqñWÍêy,Ó©¶ (ööqÆ’-éÙär1¶â8ÙHäq*lA%S6ämmd¯â*yrNGQ÷IMÌ±ê%zpot´j'%0Ed6-0z˜ÞÒVG-,…k6µÜ¾ï`|Öa…Vâíe½cs†˜S])Ø¨÷)\ÀóXîÿ ùâþ5aALoFQ!ôS1kQ tiYmgîãeGd¨tu1pv”Ñæñ¦¨¨¼àí¨úíå!öëkev~ùqw1MI€f§ýÍ}Måþuçd‡k7DÄçQ7Ý:\¬‹—(OyÙA$*êþ#îXj+£¬dFÚ8DQúµIÓÈ£UA†‹`ûEÂ‘jÐJŽû¦¯QŠ¡Or·íNåcW«6”œßdTQŒKÊC•Ç´ ÕÑ˜Ð âwrëùd^éàÓF/Ù©±Œk4}ua|÷°ñVŒh¹*$´¦«uîíoV¦+tmJdîœ@¯z”û0÷$;yánñYH¨K-L¦% ®'Q%1c{«ÅZ0äeuýw0u(D2%_¤„b …¡ýtlthc«·Ì-w}í‚·DPE§ªz;dÕl$cME=Vjxhôk7“¬Åg´ºú<…ubséA«µì<O‚¨Ä:Ãc$÷.b"nòñ~mv˜är¨ƒ+$r,NâdÍä\òïd7ÿJK]²j$é8Lk•ßPÝU¼äVöBêöüçyy }—F¸„f—%çRNúÜp¢bŒ(!Nmy30i÷.ib$haæ!aéûfn /{e¿H¼oªâ:Wtf×H8ñª¤åýü{mTPAçæï¨åíüàçìû¨ÿíú?î_þ¬-A9H‚RI®üãÙü«„|ê–ó˜ƒ qzA§ãN0¨zk¶Gáûü –s9óarã2%0¾"Q/!k¨DDçëàbaxŠÖŠ(d46+'!!1¶Íÿ¡N0a¢=#ç1}J8ô:‚rtëòÏwjm1lytêL¨x¹×—'¬œÒè¬ù‡(¸n¢yÝ&<t´-šg.jö9¢þP>GS³Ý„á]]ñéø–\ä`ƒ†Aø_.°‹ïëÐ}ó6c"¢“¼JGMOCK½éW‹I@8/º¥X_Ã'.¼±íÏèùÌ“Mž9¡ü‰f*šß?¼Ží²ää™AÝªŒDMådv í"(&áAL0~åýk%}«YöF-† ÷ö%¥–|y$1yJ–N7YÌ~0¿/.{â†éØ¢ü0[2BCjÐP¹Ô"j–©Êô9(”byzk]Px$ßWŠa"«wa=Êqäçæi7¾5xÍK‘›æ$T.¢®³ÈÉ},iQ6d) c XHhCçFêFÐ%Düd`à8¨;{hu7o‡}öŒ^R$H&½@î›çæûáìíQQG™“]yÇ§èw9 ïîµ§ùS5B"â†¦Ÿ»ø4°”? ‡ñØ E}7.Þ[1þ†!þÊXFtM->1eëf50+*dDgbDl1luGVKLE/(cÞH~bd}epe¨(d¦MœÝ¸L30C5*¢î0"gÁaN,p¡Plúe2tÇI¼S”ú›.…f$<$øÑ+æ)J<·¦PW! ÖÄo‚¤wä~ã[%Wuu|áø—øBFNJ1ØVWÞx-ù+ÔúƒDHš¼zU£ßmKðOÂ!{£ÔTÂL{rš×<ðÃ”%àkd"=Tt{¼# ‹ÿLpkö—ÐåÂÉ¨Ù£·°d/TöòC3ñ”'Â¿ p.½FúœæõYý"Â?9¶¨r)h). ÂùlVHÖ/(ûè|2 -¬3l¨låBJ.ª ùu)ü8ò¨ïŒeguýBÆSíÒ·,RsêqjZ}Kbò`»-æ‡}MqpËMf1„víEãÂ¹ÏWdnqð¨q_kgÕ?¥cc¾¿»T,[í„M\MÌPŽgìIE`CZ‹Kï™2vÕ˜³L0ïÛ¨h¦Bçåxºh-¦H üež3äšq%Ùd 4ö,€ |²tlöI| çê<--]¤2ík.ïæáüáçæ¨CGAGLVq1wx}tu1sh1ey”€âláÆ¦7Ñ‘¢U6Í¯_} 5J"¼¹ÐR[6Yï(ºÐ ˆ©€ 5°¼¨Ì@¦GP~á2°šËôÍÖë‘ó‘MNùLF=QBž'þCKD_ü?Q%·p]0ºµã~[*Û†ÃË±ááíemó33*w/¬¥eÇ]P](]]jå%®Ü>m2£gymåŽuzýË£hz/&Ûm!’¸W¦â1œŽÊP<vmVaè.)ìœ\õì…m9‚p1%0-Û¨èƒ"‡(^–õ3¤¨áMµ¦ÏE$”ã‡\æOÂ#§«Ÿ°h@/c(#ªí¯/ÅU|nw Lvg³ñ I„Ñ"ÈU=d]i?qÏ+¤(?¼mnDåH¶ÒœL$E%ê%À4fbr.|CBä æ÷ý»2({'²È(uWDây´1Ïmãgëýûˆ!Âq?4 ˆ)$p‘È÷wjTãç¨4}¡çý~g(|(d1P7!7 %=hd sgt{@ëú¨D6&ò$†ñr"`c± C‹%Y?5CLÖ)5ãRNe0%Ô¬Á(qi#uz÷£¤S~KV×©°Õc.2MhˆÜnRPOÎ¥èðGB¢aDÎãÏÐˆÚÎêÒÆa²ÜÊ-ñç/\þÐLÕ,¸›#ye{¢OçdàmQG[†ímYTÂ¾r SKâ¨ÿG‡B0¡¡v>,ž"7Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council and audience. 3. CONSENT AGENDA Mulroy motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. A. R2005-043 - A resolution by the City Council of the City of Denton, Texas appointing the Community Development Administrator as the City?s representative to the Denton County Homeless Coalition and further authorizing the City?s participation in the development of a 10-year plan to end chronic homelessness; and providing for an effective date. B. 2005-324 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Solutient Geosciences, Inc. for Hydrogeological Consulting and Analytical Services pertaining to the City of Denton Landfill (MSW Permit No. 1590A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date. The Public Utilities Board recommended approval (7-0). C. R2005-044 - A resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; and making certain findings in connection therewith; providing an open meetings clause; and providing an effective date. City of Denton City Council Minutes November 1, 2005 Page 3 D. 2005-325 - An ordinance for a water line oversize participation agreement between the City of Denton and Granite Properties Granite Point Phase I development for an amount not to exceed approximately $42,996.18. The Public Utilities Board recommended approval (7-0). E. 2005-326 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of asphalt and concrete street sections and repairs for various city departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3345 ? Annual Contract for Asphalt and Concrete Street Sections and Repairs awarded to the lowest responsible bidder for each item, Jagoe-Public Company in the annual estimated amount of $2,000,000). F. 2005-327 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, lime and aggregate for various city departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3397 ? Annual Contract for Purchase of Soil, Sand, Lime and Aggregate awarded to the lowest responsible bidder for each item, in the annual estimated amount of $2,000,000). G. 2005-328 - An ordinance approving the expenditure of funds for the purchase of the renewal of annual support maintenance for Denton Municipal Electric?s Supervisory Control and Data Acquisition System (SCADA) 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 (File 3415 ? Renewal of SCADA Maintenance Agreement awarded to Advanced Control Systems in the amount of $33,276). The Public Utilities Board recommended approval (7-0). H. 2005-329 - An ordinance leasing parking spaces located on the Williams Trade Square to the Denton County Transportation Authority; and providing for an effective date. The DCTA recommended approval (9-0). I. R2005-045 - A resolution of the City Council of the City of Denton, Texas promoting and supporting public multimodal transportation; and providing for an effective date. The Mobility Committee recommended approval (4-0). J. 2005-330 - An ordinance approving a Professional Services Agreement for Architect or Engineer with the firm of Freese and Nichols, Inc. to provide engineering services associated with the North-South Water Mains Routing Analysis Project; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (7-0). K. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1.Hexter-Fair Title/David & Kathy Salisbury Duplicate Payment 2004$784.17 2.Title Resoucres/Edna Latham Overpayment 2004 $766.35 3.Countrywide Tax Services/ Toby & Gloria HoutsDuplicate Payment 2003$563.50 City of Denton City Council Minutes November 1, 2005 Page 4 L. Approved the minutes of: August 8, 2005 August 9, 2005 August 16, 2005 August 17 & 18, 2005 August 30, 2005 M. 2005-331 - An ordinance authorizing the City Manager to execute a contract for professional legal services with Denton, Navarro, Rocha & Bernal for legal services related to meet and confer bargaining issues, pursuant to HB304 and HB 2892; authorizing the expenditure of funds therefor; and establishing an effective date. N. 2005-332 - An ordinance providing for the expenditure of funds for the further purchase of PVC Conduit for Denton Municipal Electric from Techline, Inc. the vendor in Bid No. 3179; in accordance with provisions of state law exempting such purchases from the requirements of competitive bidding; providing for retroactive approval; and providing an effective date. (Bid No. 3179 additional authority in the amount of net $200,000 above bid price) 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance granting approval of the use of a portion of the Pebble Brook Open Space Park for the purpose of electric utility easements in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for an electric utility easement; and providing an effective date. (Parks, Recreation and Beautification Board recommended approval (6-0). Bob Tickner, Superintendent of Parks and Recreation, stated that the proposal was to use a portion of the Pebble Brook Open Space Park for two electric utility easements. The Texas Parks and Wildlife Code required a public hearing to ensure that the use was appropriate. 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. 2005-333 AN ORDINANCE GRANTING APPROVAL OF THE USE OF A PORTION OF PEBBLE BROOK OPEN SPACE PARK FOR THE PURPOSE OF ELECTRIC UTILITY EASEMENTS IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes November 1, 2005 Page 5 Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance granting approval of a license agreement for the subsurface use of a portion of the Denton Branch Rail Trail at Mile Post 724.8 for the purpose of a natural gas pipeline in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of license; and providing an effective date. (Parks, Recreation and Beautification Board recommended approval (4-0). Bob Tickner, Superintendent of Parks and Recreation, presented the details of the proposal. The public hearing was a necessary requirement of the Texas Parks and Wildlife Code. The proposal was for a natural gas pipeline, which would be a subsurface use of the 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. 2005-334 AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL AT MILEPOST 724.8 FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF LICENSE; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. C. The Council held a public hearing and considered the adoption of an ordinance for an Alternative Development Plan for a proposed church on approximately 6.674 acres. The subject property was generally located on the south side of Willowood Street, approximately 197 feet west of McCormick. The property was located in a Neighborhood Residential (NR-4) zoning district. The purpose of the Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommended approval (6-0). (ADP05-0006) Kelly Carpenter, Director of Planning and Development Services, stated that the proposal was asking for an Alternative Development Plan to provide alternatives to the site design standards concerning tree canopy coverage. The current requirements required a 50% tree canopy City of Denton City Council Minutes November 1, 2005 Page 6 coverage. The applicant was proposing to provide approximately 32% combined tree canopy with existing trees and new trees. The applicant was also requesting relief from mitigating the removal of 5 quality trees. The main issue was number of trees saved versus tree canopy percentage. The Mayor opened the public hearing. Mark Ramsay, 825 Sandpiper, Denton, 76205, submitted a comment card indicating support for the proposal and was available for questions. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-335 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 6.674 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF WILLOWOOD STREET, APPROXIMATELY 197 FEET WEST OF MCCORMICK, WITHIN A NEIGHBORHOOD RESIDENTIAL ZONING DISTRICT (NR-4), IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND LEGALLY DESCRIBED AS SET FORTH IN EXHIBIT B, ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP05-0006). Mulroy motioned, Thomson seconded to adopt the ordinance as presented. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance regarding rezoning approximately 0.17 acres of land, the northern portion of lot 16R, Block 1 of College View Addition from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district. The property was generally located at the northeast corner of McKinney Street and Wood Street intersection. The Planning and Zoning Commission recommended approval (6-0). Kelly Carpenter, Director of Planning and Development, stated that the applicant was requesting rezoning on McKinney and Wood Street. The southern portion of property was zoned NRMU while the northern portion was NR-4. The applicant was requesting to rezone the northern portion in order to develop a laundry facility. NR-4 zoning only allowed single-family uses. Staff and the Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. The following individual spoke during the public hearing: City of Denton City Council Minutes November 1, 2005 Page 7 Larry Reichhart, representing the developer, spoke in favor. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-336 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.17 ACRES OF LAND, GENERALLY LOCATED AT THE NORTHEAST CORNER OF MCKINNEY STREET AND WOOD STREET INTERSECTION, AND LEGALLY DESCRIBED AS THE NORTHERN PORTION OF LOT 16R, BLOCK 1 OF COLLEGE VIEW ADDITION, AN ADDITION TO CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0024) Thomson motioned, McNeill seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?nay?. Motion carried with a 6-1 vote. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance on first reading to involuntarily annex approximately 5,800 acres. The property to be annexed was generally located in the northeastern area of the City of Denton?s Extraterritorial Jurisdiction (ETJ). Kelly Carpenter, Director of Planning and Development, presented the details of the proposed annexation. Potential development of the area was very high as noted with the proposed development of JNC Denton Partners. The Planning and Zoning Commission recommended against the annexation. A super majority vote of the Council was required to pass all annexation ordinances. Public interest in planning appropriate land uses in accordance with the Comprehensive Plan along with a long-term investment of a future City wastewater treatment plant and water line were cited as several reasons for the proposed annexation. Full municipal services were required upon annexation in accordance with the service plan, which was part of the annexation ordinance. Council held a discussion on the Planning and Zoning Commission vote. City Attorney Snyder indicated that all changes in city boundaries went to the Planning and Zoning Commission for a recommendation. The super majority requirement by Council on annexation proposals was a separate Charter provision and was not based on the vote by the Planning and Zoning Commission. The following individuals spoke on the proposal: City of Denton City Council Minutes November 1, 2005 Page 8 Daniel Porter, 9920 FM 428, Aubrey, 76227 - opposed Wady Hilton, 5575 Green Valley, Aubrey, 76227 - opposed Matt Miller, Hughes and Luce ? opposed ? requested reconsideration of the City?s denial that the annexation area be included in the City?s three-year annexation plan and requested arbitration of this dispute pursuant to Texas Local Government Code Section 43.052(I) and Hughes v. City of Rockwall. Ron Carter, 4105 Hartlee Field Road, Denton, 76208 ? opposed Comment cards received from: Carolyn Vaughn, 3200 Elm Bottom Circle, Aubrey, 76227 - opposed Emma Bingham, 5589 Green Valley Circle, Aubrey, 76227 - opposed Merwyn Lynch, 5437 Green Valley Circle, Aubrey, 76227 - opposed James Whitlock, 4697 Warschun, Aubrey, 76227 - opposed Buddy and Bessie Lou Dobson, 5547 Woodland Hills, Denton, 76208 - opposed Susie Autry, 1501 Eufemia Drive, Denton, 76207 - opposed Lisa and Robert Jenkins, 3419 Sauls Road, Aubrey, 76227 - opposed Kamp motioned, Mulroy seconded to adopt the ordinance on first reading. Council Member Mulroy stated that approval of the annexation would provide better protection for existing and future zoning. City Attorney Snyder stated that the City Charter required two readings of all annexation ordinances. The second reading would be the final vote on the annexation proposal. Mayor Pro Tem McNeill stated that he understood the concern of residents in the area. This proposal was a reaction to potential accelerated growth in the area. On roll vote of the first reading of the annexation ordinance, Heggins ?nay?, Kamp ?aye?, McNeill ?aye?, Montgomery ?nay?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion failed 2-5 as a super majority vote of Council was required. Council took a recess and returned at 7:45 Item 5C was considered. C. The Council considered adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and CBS Mechanical; providing for the expenditure of funds therefor; and providing an effective date (File 3414 ? Change Order One to Purchase Order 120873 in the amount of $3030.00). Council Member Mulroy left the meeting with a conflict of interest. Tom Shaw, Purchasing Agent, presented the details of the change order. The renovation work at the City jail resulted in the necessity for the change order for additional work on the chiller. The work had already been done in order to accommodate the jail population. City of Denton City Council Minutes November 1, 2005 Page 9 The following ordinance was considered: NO. 2005-337 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND CBS MECHANICAL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3414 ? CHANGE ORDER ONE TO PURCHASE ORDER 120873 IN THE AMOUNT OF $3030.00). Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. Council Member Mulroy returned to the meeting. Council returned to the regular agenda order. B. The Council considered approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Diana Ortiz, Chief Financial Officer, stated that the City could nominate as many individuals as it wished. All current members indicated a desire to continue. Nominations were due by end of November. th McNeill motioned, Mulroy seconded to delay consideration of the item until the November 15 meeting. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. D. The Council considered approving an exaction variance of Section 35.20.2.L.2 of the Denton Development Code concerning perimeter streets and Section 35.20.3.B of the Denton Development Code concerning sidewalks. The 7.25 acres of land was located approximately 750 feet east of Carmel Street and at the end of Chiquita Street. A motion of the Planning and Zoning Commission to recommend approval was defeated upon a tie vote (2-2). (V05-0018, 920 Chiquita Street) Kelly Carpenter, Director of Planning and Development, stated that Council had considered this request two weeks ago work and had postponed consideration in order to allow the developer and staff time to work on right-of-way development. A solution to that right-of-way issue had been approved by both parties. Larry Reichhart, representing the developer, spoke in favor of the proposal. City of Denton City Council Minutes November 1, 2005 Page 10 Mulroy motioned, Montgomery seconded to approve the variance as presented. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. E. The Council considered adoption of an ordinance of the City of Denton, Texas, withdrawing annexation case A05-0001 and zoning case Z05-0022 relating to the annexation and zoning of approximately 244 acres of land contiguous and adjacent to the City of Denton, Texas, located in the eastern section of the City of Denton extraterritorial jurisdiction; generally located south of Mingo Road and both sides of Collins Road; being located in the M. Forrest Survey, abstract number 417 and the T. Living Survey, abstract number 729, Denton County Texas. Kelly Carpenter, Director of Planning and Development, stated that staff was recommending withdrawal of the proposed annexation as Denton County had agreed to close the requested railroad crossing. Speaker cards were submitted from: Kevin Bradshaw, 2052 Collin Road, Denton, 76208 ? favor Richard Ragstad, 6383 FishTrap Road, Denton., 76208 - favor The following ordinance was considered: NO. 2005-338 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WITHDRAWING ANNEXATION CASE A05-0001 AND ZONING CASE Z05-0022 RELATING TO THE ANNEXATION AND ZONING OF APPROXIMATELY 244 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE EASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED SOUTH OF MINGO ROAD AND BOTH SIDES OF COLLINS ROAD; BEING LOCATED IN THE M. FORREST SURVEY, ABSTRACT NUMBER 417 AND THE T. LIVING SURVEY, ABSTRACT NUMBER 729, DENTON COUNTY TEXAS. Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. F. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received a citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. City of Denton City Council Minutes November 1, 2005 Page 11 G. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Kamp suggested holding a meeting with the Planning and Zoning Commission once a quarter. 2. Council Member Kamp requested a draft of an ordinance to allow gated communities in Denton. 3. Mayor Pro Tem McNeill requested a Closed Session for the next meeting dealing with the ramifications of the annexation vote. H. 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. There was no Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. J. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:07 p.m. _____________________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS ______________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS