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July 18, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES July 18, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 18, 2006 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT:Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT:None 1.The Council received a report, held a discussion and gave staff direction regarding nominations to the City’s Boards and Commissions. Jennifer Walters, City Secretary, reviewed the previously submitted nominations. Council discussed those nominations and made additional nominations. Those nominations would be voted on during the regular session. 2.The Council held a discussion and gave staff direction concerning leasing of oil, gas and mineral interests. Ed Snyder, City Attorney, presented information concerning an Attorney General’s opinion regarding competitive bidding for leasing of oil, gas and mineral interests. Scott Hickey, consulting attorney, presented additional information concerning the Attorney General’s opinion. The new opinion stated that cities were no longer required to competitively bid the leasing of oil, gas, or other mineral interests. Sealed proposals would not have to be done but rather a negotiated procurement scenario could be used. This would allow for a certain set of bidding criteria that would be different from sealed bidding criteria. This new procedure would allow for flexibility to look at firms capable to produce the leases. Staff would be able to evaluate the bids as to best value for the city as bids would be received for the leases as opposed to sealed proposals. Snyder stated that staff was recommending going forward using a hybrid process that would advertise that the City was accepting proposals for negotiated leases. That would give the City the flexibility of negotiating the best terms without the rigid specifications involved in straight competitive bidding, while at the same time, shielding the city from complaints that it did not consider all prospective lessees and to retain outside counsel to assist with the initial leases and train staff to work with these leases. Consensus of Council was to proceed as proposed. 3.The Council received a report, held a discussion, and gave staff direction regarding the City's Long Range Financial Forecast and Budget. Jon Fortune, Assistant City Manager, stated that this agenda item was for questions for Audit/Finance Committee regarding budget questions. The date for formal discussions would be nd August 2. 4.Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of July 18, 2006. City of Denton City Council Minutes July 18, 2006 Page2 Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:20 p.m. to consider the items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A.Deliberations regarding Real Property– Under Texas Government Code §551.072; and Consultation with Attorney – Under Texas Government Code §551.071. 1.Received a confidential presentation by staff regarding the value of real estate and the city’s taking or acquisition of several easements located within the E. Pizano Survey. Abstract No. 994 and the B.B.B. & C.R.R. Co. Survey, Abstract No. 158, in the City of Denton, Denton County, Texas; the underlying owners are believed to be Petrus Investments, L.P. and/or Robson/35W Investors, L.P. Receive legal advice from the City Attorney or his staff regarding the acquisition or condemnation of the easements. B.Consultation with Attorney – Under Texas Government Code §551.071. 1.Consultationwith the City’s attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City’s northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. A public discussion of these legal matters 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 or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. C.Deliberations regarding personnel matters– Under Texas Government Code §551.074 1.Deliberated and discussed the appointment and the duties of public officers to the Planning and Zoning Commission, Zoning Board of Adjustment, and any other board or commission of the City of Denton, Texas exercising discretionary powers as opposed to purely advisory powers. Regular Meeting of the City of Denton City Council on Tuesday, July 18, 2006 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. City of Denton City Council Minutes July 18, 2006 Page3 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards A representative for Congressman Burgess presented a congressional recognition for Frank Barrow. Mayor McNeill presented a proclamation honoring Frank Barrow. A representative for Congressman Burgess presented a congressional recognition for L. A. Nelson. Mayor McNeill presented a proclamation honoring L. A. Nelson. 3.CONSENT AGENDA Council Member McElroy requested that Item #C be pulled for separate consideration. Mayor Pro Tem Kamp requested that Item K be pulled from consideration. Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances with the exception of Items C and K.On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. Item C was considered. Council Member McElroy stated that this was a worthy cause and needed special recognition. Kamp motioned, McElroy seconded to adopt the ordinance.On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. A.2006-186- An ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a Professional Services Agreement for architectural or engineering services by and between the City of Denton, Texas and Kimley-Horn and Associates, Inc. for engineering services for approximately 7,800 linear feet of up to thirty-inch water line along Roselawn Drive from Bonnie Brae to Bernard Street in Denton, Texas; providing for the expenditure of funds in the amount of $144,500 therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0.) B.Approved the minutes of: June 5, 2006 June 6, 2006 June 13, 2006 June 20, 2006 C.2006-187- An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Animal Shelter Foundation to support fundraising for new shelter facilities, programs, and shelter maintenance; providing for the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes July 18, 2006 Page4 D.2006-188- An ordinance providing for the expenditure of funds for the emergency refurbishment of the two belt filter press machines at Pecan Creek Water Reclamation Plant in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3536– Emergency Purchase of Belt Press Refurbishment awarded to Andritz Ruthner Inc. in an amount not to exceed $160,000). The Public Utilities Board recommended approval (6-0). E.2006-189- An ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 3538 – 2006 Electrical Energy Transmission Fees in the total amount of $124,600). The Public Utilities Board recommended approval (6-0). F.2006-190- An ordinance authorizing the City Manager to accept an Interlocal Agreement with Collin County, Texas to authorize participation in various City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3535– Interlocal Agreement with Collin County, Texas). G.2006-191- An ordinance accepting competitive bids and awarding a public works contract for paving improvements to Vintage Parkway; providing for the expenditure of funds therefor; and providing an effective date (Bid 3518– Vintage Parkway Paving Improvements awarded to Jagoe-Public Company in an amount not to exceed $1,314,007.25).This project was approved by the voters in Denton in the bond election held on January 15, 2000. H.2006-192- An ordinance accepting competitive bids and awarding a public works contract for improvements to the City of Denton Civic Center Pool; providing for the expenditure of funds therefor; and providing an effective date (Bid 3519 – Civic Center Pool Improvements awarded to Robertson Commercial Pools, Inc. in the amount of $89,507 for Contract 1A and Sunbelt Pools, Inc. in the amount of $97,544 for Contract 1C for a total award of $187,051). I.2006-193- An ordinance accepting competitive bids and awarding a contract for the installation of manholes for the City of Denton Water/Wastewater Department; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3488 – Monolithic Poured Concrete Manhole Installation awarded to lowest responsible bidder meeting specifications, Lone Star Manhole and Structures, LLC, in an amount not to exceed $60,000). The Public Utilities Board recommended approval (6-0). J.2006-194- An ordinance accepting competitive bids and awarding a contract for temporary shoring for the Wainwright PEC-4 Channel; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3520 – Wainwright PEC-4 Channel Temporary Shoring awarded to lowest responsible City of Denton City Council Minutes July 18, 2006 Page5 bidder, Craig Olden, Inc. in the amount of $33,616). The Public Utilities Board recommended approval (6-0). K.NOTE: This item was not considered: L.2006-195- An ordinance of the City of Denton, Texas terminating that certain airport lease dated April 20, 2004, by and between the City of Denton, Texas and January Aviation, L.L.C.; authorizing the City attorney or his designee to take appropriate legal action, if necessary, to effectuate the termination; and providing an effective date. The Airport Advisory Board recommended approval (6-0). M.2006-196- An ordinance authorizing an Agreement between the City of Denton, Texas and Robson Denton Development, L.P., providing for the acquisition through purchase or condemnation of certain water utility and temporary construction easements located in the E. Pizano Survey, Abstract Number 994, and the B.B.B. & C.R.R. Co. Survey, Abstract Number 158, the City of Denton, Denton County Texas, and being within a parcel of land conveyed to Petrus Investments, LP by deed recorded in Volume 4246, Page 574, and within a parcel of land conveyed to Robson/35W Investors, L.P., by deed recorded in Volume 5090, Page 1241 of the deed records of Denton County, Texas; and providing an effective date. The Public Utilities Board recommended approval (6-0). N.2006-197- An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of three permanent water line easements and three temporary construction easements located in the E. Pizano Survey, Abstract Number 994, and the B.B.B. & C.R.R. Co. Survey, Abstract Number 158, Denton County Texas and being within a parcel of land conveyed to Petrus Investments, L.P., by deed recorded in Volume 4246, Page 574 of the deed records of Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the easements and if such offer is not accepted, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation in order to acquire the easements; and providing an effective date. The Public Utilities Board recommended approval (6-0). O.2006-198- An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a permanent water line easement and a temporary construction easement located in the E. Pizano Survey, Abstract Number 994, Denton County Texas and being within a parcel of land conveyed to Robson/35W Investors, L.P., by deed recorded in Volume 5090, Page 1241 of the deed records of Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the easementsand if such offer is not accepted, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation in order to acquire the easements; and providing and effective date. The Public Utilities Board recommended approval (6-0). City of Denton City Council Minutes July 18, 2006 Page6 P.2006-199- An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with the firm of Freese and Nichols, Inc. to provide engineering services associated with the design of the Shady Oaks Drive Extension and Brinker Road Extension Projects in an amount not to exceed $381,583; authorizing the expenditure of funds therefor; and providing an effective date.This project was approved by the voters in Denton in the bond election held on February 5, 2005. Q.2006-200- An ordinance of the City of Denton approving an extension and ratification of a bond counsel contract with McCall, Parkhurst & Horton, L.L.P.; authorizing the City Manager to execute the contract extension; approving the expenditure of funds therefor; and providing and effective date. 4.PUBLIC HEARINGS A.The Council helda public hearing and considered adoption of an ordinance amending portions of Subchapter 13 and 23 of the Denton Development Code pertaining to parking in the rear or to the sides of buildings; providing for a penalty clause with a maximum amount of $2,000.00 for violations therefore; and providing an effective date. The Planning and Zoning Commission recommended approval (6-0).(DCA06-0008) KellyCarpenter, Director of Planning and Development, presented background information on the proposal. Based on staff analysis of the Alternative Development Plans approved to date, it was clear that parking requirements relative to the front and sides of buildings needed to be reconsidered. The original orientation was to provide pedestrian access long the streets and streetscapes. There was little regard as to where the parcels were located. The Development Code allowed for an alternative development to allow for other options for parking and streetscapes. Staff was proposing an alternative to the requirements to parking in the rear and side of buildings. Unless granted by an Alternative Development Plan, parcels along the following streets could not have parking in the front of the building: Fort Worth Drive between Carroll and Eagle, Elm Street between University and Eagle, Locust between University and Eagle, and Dallas Drive between Teasley and Eagle. These corridors were viewed as entranceways for the City and parking would be better in the back. Parking would be allowed in front of buildings if a parcel was not located within a Pedestrian Oriented Distinct, adjoined either side of a primary or secondary major arterial and met the general regulations for parking in front of buildings as set forth in the Development Code, Section 35.13.13.4C3. There were two different sets of standards proposed, one for 100 spaces in front of a building and one set for more than 100 spaces in front of a building. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Dale Irwin spoke regarding the standards for smaller parcels. He suggested Council consider different standards for smaller developments. Construction around UNT would not allow for the 15 feet of landscape area. City of Denton City Council Minutes July 18, 2006 Page7 Carpenter stated that these regulations were not intended for projects with 100 parking spaces or less. Larry Reichhart stated that consideration might be given to the height of the berm as the proposed height would not be a good slope with only a 15-foot landscape buffer. The Mayor closed the public hearing. The following ordinance was considered: 2006-201 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTERS 13 AND 23 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO PARKING IN THE REAR OR TO THE SIDES OF BUILDINGS; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance as presented.On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. B.The Council held a public hearing and considered adoption of an ordinance approving an alternative development plan for approximately 0.495 acres of land generally located on the north side of Colorado Blvd. approximately 1,100 feet west of Mayhill Road to allow a medical office building legally described as Lot 6R2, Block 1, of the Denton Regional Medical Center Addition, in the City of Denton, Denton County, Texas; providing a penalty in the maximum amount of $2,000.00 for violations thereof; declaring severability; and establishing an effective date. The Planning and Zoning Commission recommended approval (6-0). (ADP06- 0007) Kelly Carpenter, Director of Planning and Development, stated that the applicant was proposing parking spaces in front of the building. The ADP dealt with the location and number of spaces. To promote better pedestrian activity, the proposal would add one tree and a seating area along the sidewalk at the front of the development. As the proposal would be 12 parking spaces short, the applicant will enter into a shared parking agreement with the two neighboring office buildings to provide for the required number of parking spaces. 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 Denton City Council Minutes July 18, 2006 Page8 NO. 2006-202 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 0.459 ACRES OF LAND GENERALLY LOCATED ON THE NORTH SIDE OF COLORADO BLVD. APPROXIMATELY 1,100 FEET WEST OF MAYHILL ROAD, TO ALLOW A MEDICAL OFFICE BUILDING, LEGALLY DESCRIBED AS LOT 6R2, BLOCK 1, OF THE DENTON REGIONAL MEDICAL CENTER ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; DECLARING SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ADP06-0007) McElroy motioned, Kamp seconded to adopt the ordinance.On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. C.The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for a drive-through facility on approximately 0.618 acres of land, generally located on the west side of Lillian Miller Parkway approximately 500 feet north of Southridge Drive, located within a neighborhood residential mixed use (NRMU) zoning district, and platted as Lot 4, Block A Southridge Oaks Addition in the City of Denton, Denton County, Texas; declaring severability; providing a penalty in the maximum amount of $2,000.00 for violations thereof, and establishing an effective date. The Planning and Zoning Commission recommended approval (6-0) with conditions. (S06-0003, State Bank & Trust) Kelly Carpenter, Director of Planning and Development, stated the applicant was requesting a specific use permit to allow a drive-through facility as part of a proposed bank. The bank was an allowed use in a NMRU zoning district, while the drive-through required a specific use permit. Staff supported the site plan without conditions. However, the Planning and Zoning Commission was concerned about noise and light that might affect the neighborhood to the north. The Commission responded by requiring an additional fence along the side of the drive- through lanes, submit a photometric study for review prior to obtaining a building permit to show conformance with code requirements of ½ foot candle at the property line, locate the ATM drive- through to the middle lane and construct a decorative screening fence in the landscape island to provide additional screening from the proposed drive-through lighting. The applicant provided a photometric study in advance of a building permit application that showed no violation of the lighting standards at the property line. Staff had prepared two ordinances for consideration - one with no conditions and one with the conditions addressed by the Commission. The Mayor opened the public hearing. Larry Reichhart, representing the petitioner, spoke in favor of eliminating the conditions proposed by the Commission. He cited security reasons for not adding a fence or additional landscaping to the proposal. Deputy Mayor Pro Tem Mulroy stated that all the proposed conditions were relative to security reasons. The proposed lighting plan would not encroach on the neighborhood. He recommended at the lighting plan be incorporated into the specific use permit. City of Denton City Council Minutes July 18, 2006 Page9 The Mayor closed the public hearing. The following ordinance was considered: No. 2006-203 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.618 ACRES OF LAND, GENERALLY LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY APPROXIMATELY 500 FEET NORTH OF SOUTHRIDGE DRIVE, LOCATED WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT AND PLATTED AS LOT 4, BLOCK A SOUTHRIDGE OAKS ADDITION IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; DECLARING SEVERABILITY; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND ESTABLISHING AN EFFECTIVE DATE. (S06-0003) Mulroy motioned, Thomson seconded to adopt the ordinance with no conditions except to incorporate the site plan lighting as part of the ordinance.On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. D.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 Lake Forest Park approximately 468.8 feet 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. The Parks, Recreation and Beautification Board recommended approval (4-0). Bob Tickner, Superintendent of Park Planning, stated that a public hearing was required to determine that there was no other feasible alternative to the use of the land and that all planning would minimize harm to the land. The request was use of the parkland in order to locate a natural gas transmission line across the frontage of the park. The crossing will be a bore crossing and would not disturb any trees or vegetation growth. The Mayor opened the public hearing. Bill Coleman, presenting the petitioner, stated that he would answer any questions. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-204 AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF A PORTION OF THE LAKE FOREST PARK APPROXIMATELY 468.8 FEET FOR THE PURPOSE OF A NATURAL GAS City of Denton City Council Minutes July 18, 2006 Page10 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, Montgomery seconded to adopt the ordinance.On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered approval of a resolution of the City Council of the City of Denton, Texas concerning the appointment of a member to the Board of Directors of the Texas Municipal Power Agency representing the City of Denton; and declaring an effective date. Interim City Manager Martin stated that this resolution would formally appoint a city representative to the TMPA Board. TMPA required a resolution to support the appointment. Phil Gallivan was the proposed new representative. It was suggested that his term begin August 1,2006. The following resolution was considered: NO. R2006-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE APPOINTMENT OF A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY REPRESENTING THE CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Heggins seconded to approve the resolution with the term to begin August 1, 2006.On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. B.The Council considered adoption of an ordinance on second and final reading to voluntarily annex approximately 3,406 acres into the corporate city limits of the City of Denton, Texas. The property was bounded by Tom Cole Road to the north. FM 2449 bisected the property near the center of the development and John Payne Road was the eastern boundary south of FM 2449. Underwood Drive was on the eastern side of the property north of FM 2449. The property was bounded on the west by H. Lively Road/C. Wolfe Road and extended to the south a distance of approximately 6,500 linear feet from FM 2449. The property to be annexed was generally located in the southwestern area of the City of Denton’s Extraterritorial Jurisdiction (ETJ). The Planning and Zoning Commission recommended the annexation proceed as presented (6-0).(A06-0001) Kelly Carpenter, Director of Planning and Development, presented the details of the proposed annexation. This was a voluntary annexation of the property. The following ordinance was considered: City of Denton City Council Minutes July 18, 2006 Page11 NO. 2006-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 3,406 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE SOUTHWESTERN AREA OF THE CITY OF DENTON’S EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED WEST OF INTERSTATE 35 WEST, SOUTH OF TOM COLE ROAD, BOUNDED BY TOM COLE ROAD TO THE NORTH, BISECTED BY FM 2449 NEAR THE CENTER OF THE PROPERTY, BOUNDED ON THE EASTERN SIDE BY JOHN PAYNE ROAD SOUTH OF FM 2449, AND UNDERWOOD NORTH OF FM 2449; BEING A PORTION OF THOSE CERTAIN PLATS CALLED IN J. W. KJELLBERG SURVEY, ABSTRACT NO. 1610, THE JAMES MCDONALD SURVEY, ABSTRACT NO. 873, THE I.W. BYERLY SURVEY, ABSTRACT NO. 1458, THE J. DALTON SURVEY, ABSTRACT NO. 353, THE J. A. BURN SURVEY, ABSTRACT NO. 132, THE T. & P. R. R., ABSTRACT NO. 1292, THEA. C. MADDEN SURVEY, ABSTRACT NO. 851, THE I.N. HEMBREE SURVEY, ABSTRACT NO. 594, THE J. BACON SURVEY, ABSTRACT NO. 1540, THE WM. NEILL SURVEY, ABSTRACT NO. 970, THE B. B. B. & C.R.R.CO. SURVEY, ABSTRACT NO. 176, THE T. E. CARRUTH SURVEY, ABSTRACT 1707, BEING A SURVEY OF PART OF THE 562.8 ACRE “FIRSTTRACT”, A SURVEY OF THE 798.2 ACRE “SECOND TRACT”, A SURVEY OF PART OF THE 640 ACRE “THIRD TRACT” DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED DECEMBER 22, 1931, RECORDED IN VOLUME 238, PAGE 410, A SURVEY OF PART OF THE 415 ACRE TRACT DESCRIBED IN A DEED FROM RUDY COPELAND AND WIFE, MARY A. COPELAND TO M. T. COLE, DATED SEPTEMBER 26, 1933, RECORDEDIN VOLUME 243, PAGE 572, BOTH DEEDS OF THE DENTON COUNTY DEED RECORDS, THE S. PAINE SURVEY, ABSTRACT NO. 1035, THE M. PAINE SURVEY,ABSTRACT NO. 1036, THE GEORGE WEST SURVEY, ABSTRACT NO. 1393, THE B. B. B. & C.R.R. CO. SURVEY, ABSTRACT NO. 176, THE E.N. OLIVER SURVEY, ABSTRACT NO. 989, THE J. T. EVANS SURVEY, ABSTRACT NO. 411, THE C. MANCHACA SURVEY, ABSTRACT NO. 789, THE G. W. PETTINGALE SURVEY, ABSTRACT NO. 1041, THE J. W. KJELLBERG SURVEY, ABSTRACT NO. 1610, BEING A SURVEY OF PART OF 1.086 ACRE TRACT DESCRIBED IN A DEED FROM MAURINE P. MYERS, ET AL TO M. T. COLE TRUST NO. 1, RECORDED IN VOLUME 1018, PAGE 453, BEING A SURVEY OF PART OF THE 562.8 ACRE “FIRST TRACT” DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED DECEMBER 22, 1931, RECORDED IN VOLUME 238, PAGE 410, A SURVEY OF THE 640 ACRE TRACT DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED JANUARY 4, 1935, RECORDED IN VOLUME 250, PAGE 121, A SURVEY OF THE 429 ¾ ACRE TRACT DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED MARCH 28, 1936, RECORDED IN VOLUME 256, PAGE285,OF THE LIS PENDENS RECORDS OF DENTON COUNTY, TEXAS; DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0001) City of Denton City Council Minutes July 18, 2006 Page12 Kamp motioned, Thomson seconded to adopt the ordinance.On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. C.The Council considered adoption of an ordinance approving a first amendment to the Professional Services Agreement between the City of Denton and R. W. Beck, Inc. to provide professional design and engineering services at the City's Landfill; authorizing the expenditure of funds in the amount of $665,000; ratifying previous actions; and providing an effective date. The Public Utilities Board recommended approval (6-0). Vance Kemler, Director of Solid Waste, stated that the agreement was to provide bioreactor technology for the landfill. It would require an amendment to the current contract agreement. The following ordinance was considered: No. 2006-206 AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND R. W. BECK, INC. TO PROVIDE PROFESSIONAL DESIGN AND ENGINEERING SERVICES AT THE CITY'S LANDFILL; AUTHORIZING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $665,000; RATIFYING PREVIOUS ACTIONS; AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Thomson seconded to adopt the ordinance.On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. D.This item as pulled from consideration at the request of the petitioner. E.The Council considered appointments to the following boards and commissions: 1.Airport Advisory Board 2.Animal Shelter Advisory Committee 3.Community Development Advisory Committee 4.Construction Advisory and Appeals Board 5.Historic Landmark Commission 6.Human Services Advisory Committee 7.Library Board 8.Parks, Recreation and Beautification Board 9.Planning and Zoning Commission 10.Public Art Committee 11.Public Utilities Board 12.Traffic Safety Commission 13.Zoning Board of Adjustment Mulroy motioned, McElroy seconded to approve the nominations as presented.On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. City of Denton City Council Minutes July 18, 2006 Page13 F.CitizenReports 1.Review of procedures for addressing the City Council. 2.The Council received citizen reports from the following: A.Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth stated that she would like to play at Eureka Park but could not because the wood was dangerous. B.Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth stated that she would like to have a safe crossing at Woodrow Lane to cross the street. D.Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth stated that she would like to cross McKinney Street safely. E.Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth stated that the District One representative had been overlooked at attending events in District One. She was not allowed to make a nomination to a committee that she wanted. F.CharlesVoellinger regarding Fry Street development. Mr. Voellinger was not present at the meeting. G.AddisonDwyer regarding complaints against Verizon. Mr. Dwyer was not present at the meeting. H.Angel Biasatti regarding Verizon’s fiber build. Ms. Baisatti did not speak. I.Robert Donnelly regarding city business. Mr. Donnelly complimented the council with putting more dollar amounts on the consent agenda. Citizen input was increasing which was good for government. With the increase in development there was a need to return staffing levels in the Planning Department. J.Bob Clifton regarding city business. Mr. Clifton presented information on campaign finance contributions and expenditures. He commented on the upcoming Charter revisions and the Charter Review Committee. K.John Paul Eddy regarding suggested new policies for City Council: hazardous waste rail limitations and holding the Closed Session portion of the council meeting first. Dr. Eddy was not present at the meeting. L.Nell Yeldell regarding false claims act of Utilities. Ms. Yeldell was not present at the meeting. G.NewBusiness The following items of New Business were suggested by Council for future agendas: City of Denton City Council Minutes July 18, 2006 Page14 1.Mayor Pro Tem Kamp requested a review and discussion on ordinances relating to animal services and animal shelter. 2.Council Member Heggins requested an update on Church’s Fried Chicken development on McKinney. H.Items from the City Manager 1.Notification of upcoming meetings and/or conferences. 2.Clarification of items on the agenda. 3.Response to past citizen inquiries. th Interim City Manager Martin stated that there would be a public hearing on Wednesday July 26 at 6 p.m. in Work session Room regarding proposed charter changes. I.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the 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 taken on Closed Meeting items. With no further business the meeting was adjourned at 8:09 p.m. ____________________________ PERRY R. McNEILL MAYOR CITY OF DENTON, TEXAS ____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS