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April 3, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES April 3, 2007 After determining that a quorum was present, the City Council convened in a Work Session on . Tuesday, April 3, 2007 at 5:30 p.min the Council Work Session Room. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None 1.Requests for clarification of agenda items listed on the agenda for April 3, 2007. There were no requests for clarification of agenda items for April 3, 2007. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:36 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A.Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section 551.071. 1.Discussed legal strategies and alternatives regarding potential litigation concerning street failures in selected subdivisions. Regular Meeting of the City of Denton City Council on Tuesday, April 3, 2007 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 Courtney Blevins, Texas Forest Service, presented Denton with the Tree City USA award for the th 16 year. Mayor McNeill presented proclamations for: Denton Redbud Festival Day Families Week/Celebrate Families: Marriage and Family Expo Day 3. CONSENT AGENDA Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances. 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 April 3, 2007 Page 2 A.2007-072 - An ordinance of the City Council of the City of Denton, Texas, approving a Downtown Incentive Reimbursement Grant Program, and establishing an effective date. B.2007-073 - An ordinance accepting competitive bids and awarding an annual contract for fire fighting equipment to be installed on five fire trucks for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3739–Bid for Firefighting Equipment awarded to the lowest responsible bidder meeting specification for each item for a total award amount of $377,042.53). C.2007-074 - An ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of two tandem off highway yard trucks as awarded by the State of Texas Building and Procurement Commission contract TXMAS-7-MAS-23V020; providing for the expenditure of funds therefor; and providing an effective date (File 3752–Yard Trucks for Solid Waste Department awarded to Shoppa’s Material Handling in the amount of $87,718 per unit for a total award amount of $175,436). The Public Utilities Board recommended approval (5-0). 4.PUBLIC HEARINGS A.The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 5.28 acres from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The subject property was generally located on the northwest corner of Mockingbird Lane and Oriole Lane. (Z07-0004, Oriole Court). The Planning and Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Development, stated that this ordinance would rezone the property located at Mockingbird Lane and Oriole Lane from NR-4 to NR-6. Denton Affordable Housing was requesting to develop a maximum of 26 units on the property. This was the second application for this property with the first request being denied due to density on the property and an increase in density in the neighborhood. Two single-family residences were currently located on the property and would be demolished. The proposed site plan included single-family lots plus four duplex lots. If the property were developed as proposed, it should not have a significant impact on the existing neighborhood. The applicant had agreeable to some type of limitation on the density with only 4 duplex lots and the remaining 18 lots developed as single-family units for a total of 26 units. The Mayor opened the public hearing. Jane Provo, Denton Affordable Housing, spoke in favor of the proposal. She indicated that Denton Affordable Housing would continue to own and manage the duplexes and would maintain the detention pond. City of Denton City Council Minutes April 3, 2007 Page 3 The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-075 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) TO A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 5.28 ACRES, GENERALLY LOCATED ON THE NORTHWEST CORNER OF MOCKINGBIRD LANE AND ORIOLE LANE AND LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE M. YOACHUM SURVEY, ABSTRACT NO. 1442 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, BEING ALL THAT CERTAIN TRACT OF LAND CONVEYED BY DEED FROM ROBERT H. WHITE TO AUBREY C. JONES AND WIFE, LOIS L. JONES, RECORDED IN VOLUME 1121, PAGE 265, DEED RECORDS, DENTON COUNTY, TEXAS, AND ALL THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED FROM LAVERNE JOHNSON GEE TO JIMMY JOE GWARTNEY AND WIFE, JILL ANN GWARTNEY, RECORDED UNDER COUNTY CLERK’S INSTRUMENT FILE NUMBER 94-R0051394 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0004) Mulroy 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. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered adoption of an ordinance on second and final reading to voluntarily annex approximately 18.27 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed was generally located in the northwestern area of the City of Denton’s Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Branch Road and legally described as Lot 1 of the Marriott Garden Addition. (A06-0006, Marriott Garden, Lot 1) The Planning and Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Development, stated that this was the second and final reading for this voluntary annexation. The site was currently the maintenance facility for Denton County with no residences located on the property. The Service Plan included in the annexation indicated similar services as provided to other areas of the city and met all existing state mandates for annexation. The following ordinance was considered: City of Denton City Council Minutes April 3, 2007 Page 4 NO. 2007-076 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 18.27 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHWESTERN AREA OF THE CITY OF DENTON’S EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY LOCATED NORTH OF US 380 WEST OF MASCH BRANCH ROAD AND LEGALLY DESCRIBED AS BLOCK 1, LOT 1 OF THE MARRIOTT GARDEN ADDITION; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0006) Thomson motioned, Heggins 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. B.The Council considered adoption of an ordinance on second and final reading to voluntarily annex approximately 1,199 acres of land, consisting of three tracts, into the corporate city limits of the City of Denton, Texas. The property to be annexed was generally located in the City of Denton's extraterritorial jurisdiction north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of Bonnie Brae Street. (A06-0005, Hills of Denton) The Planning and Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Development, stated that this was the second and final reading of this voluntary annexation property known as the Hills of Denton. This development would be a future proposed master planned community. The City’s service area analysis indicated that existing levels of service could be maintained. The City had met all notifications and state mandated requirements. The following ordinance was considered: NO. 2007-077 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 1,199 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHWESTERN AREA OF THE CITY OF DENTON’S EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY NORTH OF LOOP 288, WEST OF LOCUST STREET (F. M. 2164), SOUTH OF MILAM ROAD AND EAST OF BONNIE BRAE STREET, LEGALLY DESCRIBED AS A PART OF A 879.3981 ACRE TRACT OF LAND, SITUATED IN THE J. A. BURNS SURVEY, ABSTRACT NO. 130, THE T. POLK SURVEY, ABSTRACT NO. 999, THE V. GAILOR SURVEY, ABSTRACT NO. 452, THE J. STEWART SURVEY, ABSTRACT NO. 1150, THE F. MCKETTRICK SURVEY, ABSTRACT NO. 846, AND THE E. PRITCHETT SURVEY, ABSTRACT NO. 1025; A 145.1418 ACRE TRACT OF LAND SITUATED IN THE M. MAY SURVEY, ABSTRACT NO. 807, A 173.6333 ACRE TRACT OF LAND SITUATED IN THE J. COLLARD SURVEY, ABSTRACT NO. 287 AND THE A. WHITE SURVEY, City of Denton City Council Minutes April 3, 2007 Page 5 ABSTRACT NO. 1406, DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (06-0005) Montgomery 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 considered adoption of an ordinance on second and final reading to voluntarily annex approximately 23.84 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed was generally located in the southwestern area of the City of Denton’s Extraterritorial Jurisdiction (ETJ) at northwest corner of I-35W and Robson Ranch Road.(A06-0003, Robson Ranch Retail) The Planning and Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Development, stated that this was the second and final reading of this voluntary annexation for the area known as Robson Ranch Retail. The proposed development would be anchored by a grocery store and outlying retail development. The property was currently undeveloped. No written opposition had been received to the annexation request. The City’s service area analysis indicated that existing levels of service could be maintained. The City had met all notifications and state mandated requirements. Joshua Griffin, representing developer, stated he was in support of the annexation. The following ordinance was considered: NO. 2007-078 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 23.84 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 (ETJ); GENERALLY LOCATED AT THE NORTHWEST CORNER OF I-35W AND ROBSON RANCH ROAD AND LEGALLY DESCRIBED AS BEING A TRACT OF LAND SITUATED IN THE E. PIZANO SURVEY ABSTRACT NO. 994, DENTON COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO ROBSON/35W INVESTORS LP AS RECORDED IN COUNTY CLERK’S FILE NO. 02-63784 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0003) McElroy motioned, Heggins 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.The Council considered nominations/appointments to the City’s Boards and Commissions City of Denton City Council Minutes April 3, 2007 Page 6 1.Public Art Committee – Mayor Pro Tem Kamp Mayor Pro Tem Kamp did not have a nomination at this time. 2. Zoning Board of Adjustment – Council Member Montgomery Council Member Montgomery nominated Tim Tryan to move from an alternate position to a full member position. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. E.Citizen Reports 1.Council reviewed procedures for addressing the City Council. 2.Council received citizen reports from the following: a.Jordan Hudspeth regarding concerns of Southeast Denton. b.Lanisha Hudspeth regarding concerns of Southeast Denton. c.Hagar Hudspeth regarding concerns of Southeast Denton. d.Willie Hudspeth regarding concerns of Southeast Denton. The Hudspeths were not present at the meeting. F.New Business The following items of New Business were suggested by Council for future agendas: 1.Council Member Heggins requested the City Manager to explore a program for senior citizen identification bracelets. 2.Council Member Montgomery pointed out the exhibit outside the Work Session Room for the Cross Timbers Forest. G.City Manager’s Report City Manager Campbell did not have any items for Council. H.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. I.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. City of Denton City Council Minutes April 3, 2007 Page 7 With no further business, the meeting was adjourned at 7:15 p.m. _______________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS