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April 17, 2012 Minutes CITY OF DENTON CITY COUNCIL MINUTES April 17, 2012 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, April 17, 2012 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden ABSENT: None 1. Citizen Comments on Consent Agenda Items There were no Citizen Comments on Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for April 17, 2012. Mayor Burroughs noted that there were substitute ordinances for Items D and I on the Consent Agenda. Item I would be pulled for separate consideration. City Attorney Burgess stated that Item D had a new ordinance due to added language from the consultant. It would be discussed during the topic at the Work Session. Item I had a change in the amount and reference to the relocation ordinance. The item was properly posted and Council should be able to move forward with the corrected amount. Council Member Roden noted that Consent Agenda Item P regarding the signage and the fact that there was a sign with a date on it. He questioned if the date would be changed or the sign updated. Mark Nelson, Director of Transportation, stated that the sign would be updated and changed out. Council Member Watts stated that minor changes were in Consent Agenda Item B and questioned how the amount for the salaries for high skill paying jobs was determined. Erica Sullivan, Economic Development Analyst, stated that staff pulled recent incentive salaries from several companies to determine the amount. Council Member Watts stated that his idea of a high paying job was not $37,000. A salary of $37,000 per year for a single person was appropriate but not for a family. He felt it was a low bar for a tax incentive when coupled with the term high paying job. He would rather leave that out than consider that a definition of a high paying job. Sullivan stated that the range was $31,000-$50,000 from the low to the high. The current salaries were coming in lower than the 2.5 multiplier. Mayor Burroughs asked what other cities did for criteria. City of Denton City Council Minutes April 17, 2012 Page 2 Sullivan stated that they did not spell out a dollar amount; it was just one of their subjective determinations. Council Member Watts felt that if that was going to be a policy it needed to be more open ended and necessarily have that determination. Mayor Burroughs noted that the item would be pulled for separate consideration. 3. Receive a funding recommendation report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion regarding the proposed 2012 Action Plan for Housing and Community Development and give staff direction. Barbara Ross, Community Development Administrator, stated the two committee chairs would be presenting the committee recommendations to Council. There was a public hearing scheduled for the regular meeting. Gerard Hudspeth, Chair-Community Development Advisory Committee, presented the committee recommendations. He indicated that there were a number of non-profit organizations where the assistance had decreased somewhat with the allocated funds. He noted that Council had been provided a list of projects funded for the past five years. He presented the recommendations of the Committee for allocation of the funds. Council Member Gregory questioned if the schools were not able to fund the entire request would they be able to get additional funding or seek other funding. Hudspeth stated they may have to reduce the scope of project but the Committee hoped the gap would be closed with future funding. Council Member Roden noted that the final vote was 5-3 for the budget and questioned why three members did not approve the recommendations. Hudspeth stated that each of the requestors had itemized their request from most to least pressing. That was where the discussion came in and the difference in the vote. Sheryl English, Chair-Human Services Advisory Committee, presented the committee recommendations. She stated that need for human services in the City continued to grow. This year some new non-profits had applied for funding with 17 total applications. She reviewed the process for determining the priority of service needs. Council Member Roden asked how Pedi Place, which was a Lewisville location and outside the city limits, could be funded. English stated that the Committee looked at the number of people from Denton going to the Lewisville location. City of Denton City Council Minutes April 17, 2012 Page 3 Council Member Gregory asked about the budget process as CASA already had their fair share amount approved. English stated that was the child advocacy program. 4. Receive a report, hold a discussion and give staff direction regarding the establishment of a program to provide relocation advisory services and relocation financial assistance to eligible persons or parties affected by City of Denton, Texas, real property interest acquisitions related to street, roadway, utility and/or other public works construction, improvement or expansion projects, as required by Senate Bill 18 entitled an "Act Relating to the Use of Eminent Domain Authority". Paul Williamson, Real Estate Manager, stated that as a result of Senate Bill 18, the City was required to provide relocation assistance in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisitions Policy Act. An element of the law required that the City formally adopt rules relating to the administration of its relocation assistance program. Matt Lance, HDR Engineering, provided details on the program. He indicated that Senate Bill 18 required all governmental entities and political subdivisions to participate in this program. He reviewed the history of the Act of 1970, the purposes of the Uniform Act and the definition of a displaced person. Required notices included a general information notice, notice of relocation eligibility, a 90 day notice and a 30 day vacate note. The notice had to be written in plain understandable language, must be translated if an individual could not read or understand the language, must indicate a contact name and phone number plus must be personally delivered or sent by certified mail, return receipt requested. Entitlement Program - elements in this program included meeting eligibility requirements; would be in addition to the proceeds of acquisition; reimbursement would be for actual, reasonable and necessary expenses; and would have to spend to get. Potential Residential Relocation Issues – these issues included non-decent, safe and sanitary residences; low income households; poor credit issues; multifamily occupancy of the displaced dwelling; large numbers of residents occupying displaced dwelling; disabled or special needs occupants; and language and cultural barriers. Basic entitlements of residential displacements – these services included advisory services, monetary assistance which included moving expenses and replacement of housing payments. Types of residential moving options included the actual cost of a commercial move, the actual cost of a self move, a fixed room count schedule or a combination of types. Replacement housing payments for owner-occupants of 180 days or more included price differential, increased mortgage interest costs, incidental expenses for replacement housing or a rental assistance option. A combined total of these amounts could not exceed $22,500. Price Differential – this provision provided the displaced person with financial assistance to purchase and occupy a comparable replacement dwelling and site without involuntarily incurring additional financial expense. The price differential payment was the amount by which the cost City of Denton City Council Minutes April 17, 2012 Page 4 of a comparable replacement dwelling exceeded the acquisition cost of the displacement dwelling. Adjustments could be made for major exterior attributes such as swimming pools, greenhouses, storage sheds, patios, decks, fences, or significantly smaller lots. There were also eligibility provisions for 180 day owner/occupants. Provisions for increased mortgage interest costs included reimbursement of increased mortgage costs if the interest rate on the new mortgage exceeded the amount of the present mortgage. Incidental expenses for replacement housing were also included in the provisions. Rental assistance option – if the displaced owner elected to rent a replacement dwelling, he may be eligible for a rental assistance payment not to exceed what he would have received under the price differential option. Provisions for the rental assistance payment were reviewed along with the provisions for down payment assistance. Eligibility of 90-day occupants included the displaced person must have occupied the property to be acquired for at least 90 days prior to the initiation of negotiations and the displaced person must rent or purchase by a down payment and occupy a decent, safe and sanitary dwelling within one year of the date of move from the acquired property and must file a claim for payment within 18 months of the date of the move. Last resort housing methods included providing additional or alternative assistance under the provisions of last resort housing. Any decision to provide last resort housing assistance must be adequately justified. Business displacements benefits included advisory services, monetary benefits in terms of actual moving and related expenses, and the re-establishment expenses or a fixed payment. The types of business move options included actual cost of the commercial move, a negotiated self-move, actual cost of a self-move or a combination of types. Lance reviewed actual moving and related expenses, ineligible moving expenses, re-establishment expenses and ineligible re-establishment expenses. Fixed move expenses could not be less than $1,000 or more than $20,000; was based on business yearly net average earnings for the two years prior to displacement and had to meet certain eligibility requirements. Filing claims for relocation benefits included specific requirements for time of filing, deductions from payments, and documentation. Lance reviewed the tax status of relocation benefits, rights of appeal and helpful relocation web links. Mayor Burroughs asked if there were any elements that could have local amendments attached. Lance replied no. Mayor Burroughs stated that as time went by, the City could look at unique circumstances and look at possible future modifications. Right now the city was required to go by the minimums. He questioned who the head of the agency was. Williamson stated that the ordinance indicated that the city of Denton was the agency and the head of agency was Howard Martin or any designee. City of Denton City Council Minutes April 17, 2012 Page 5 Mayor Pro Tem Kamp questioned at what point these expenses were considered in the budget and where the funding would come from. Williamson stated that any project working for schematics would have an effect on the base line numbers and those numbers would affect the total project. Council discussed hypothetical situations for residents and businesses and what the City might be responsible for in terms of the provisions of the program. Frank Payne, City Engineer, stated that these relocation expenses were unaccounted and unanticipated expenditures. Staff was working with the consultant in designing costs for relocation expenditures. The City might have to become creative in bidding the project or the final attributes of the project. Council Member Roden questioned if the City offered relocation services before for this program and what the policy guidance was before. Williamson stated that prior to this program; the City got appraisals and went into contract terms with the individuals. There was always the spirit of the relocation process but now there would be a formal process to follow. Council discussed any potential local options and how the program was a standard set of regulations so everyone was treated the same. Following the completion of the Work Session, the Council convened into a Closed Session to discuss the following: 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1.Consult with City's attorneys regarding litigation strategy and the status of litigation styled Jones v. City of Denton, Cause No. 2011-50255-367, currently pending in the 367th District Court of Denton County. 2.Receive a briefing from the City's attorneys regarding an offer of settlement received from the Texas Commission on Environmental Quality, regarding Docket No. 2012-0092 MLM-E, Enforcement Case 43278 regarding the spill incident at the Lake Ray Roberts Water Treatment Plant facility; and discuss, deliberate and provide the City's attorneys with direction and recommendations regarding such legal matter. A public discussion of this legal matter 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. City of Denton City Council Minutes April 17, 2012 Page 6 B.Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P. Railroad Survey, Abstract No. 1473, M.E.P. & P.R.R. Survey, Abstract Number 1475, and the R.B. Longbottom Survey, Abstract Number 775, Denton County, Texas, and located generally in the 2500 block of McKinney Street, along the north line of Paisley Street, east of Pace Drive, and along the south line of Virginia Circle, just south of University Drive, all within the City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton 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 proceeding or potential litigation. C.Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1.Receive a briefing and presentation from staff, discuss and deliberate regarding public power competitive and financial matters pertaining to available power purchase alternatives and generation resources concerning the City of Denton/Denton Municipal Electric; consult with the City's attorneys regarding legal issues involved in said briefing and presentation, where 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. The Council convened into a Regular Meeting at 6:30 p.m. in the Council Chambers of 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 City of Denton City Council Minutes April 17, 2012 Page 7 1. Denton Redbud Festival Day Mayor Burroughs presented the proclamation for Denton Redbud Festival. 2. Presentation of Tree City USA Re-Certification Courtney Blevens presented a Tree City USA re-certification to the city of Denton. 3. CONSENT AGENDA Mayor Burroughs noted that Items 3B and 3I would be pulled for separate consideration and there was an alternate ordinance for 3D for consideration. Council Member King motioned, Council Member Watts seconded to approve the Consent Agenda with the substitute ordinance for Item D and with the exception of Item B and I. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Approved the Noise Ordinance request listed below. A.Consider a request for an exception to the Noise Ordinance for the purpose of the fifth Annual Beanstock Music Festival, sponsored by Cool Bean's Bar and Grill. The event will be held at Cool Beans Bar and Grill located at 1210 W. Hickory Street on Saturday, April 21, 2012, beginning at noon and concluding at 1:00 a.m. The exception is requested for extension of the hours of operation for amplified sound. Staff recommends approving the requested exception to the noise ordinance. Ordinance No. 2012-072 C.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Second Amendment to Right of Entry and possession, by and between the City of Denton ("City") and the Denton County Transportation Authority ("DCTA"), amending that certain right of entry and possession, between the City and DCTA, dated May 3, 2011, granting DCTA access to the Downtown Denton Transit Center ("DDTC") and certain lands surrounding the DDTC, located in the Hiram Sisco Survey, Abstract Number 1184, to conduct public transportation related operations; and providing an effective date. Ordinance No. 2012-073 D.Consider adoption of an ordinance establishing a program to provide relocation advisory services and relocation financial assistance to eligible persons or parties affected by City of Denton, Texas real property interest acquisitions related to street, roadway, utility and/or other public works construction, improvement or expansion projects (a "project"); authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes April 17, 2012 Page 8 Ordinance No. 2012-074 E.Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.424 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.241 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 300 block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway, authorizing the City Manager or his designee to make an offer to George A. Calhoun and wife, Jannet D. Calhoun to purchase the Property Interests for the purchase price of Eighty Three Thousand One Hundred Eighty Two Dollars and No Cents ($83,182.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project) Ordinance No. 2012-075 F.Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.406 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.235 acre tract, all tracts located in the M.E.P. & P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 300 block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Charles David Nelson and wife, Janet L. Nelson to purchase the Property Interests for the purchase price of Eighty Four Thousand Three Hundred Ninety Nine Dollars and No Cents ($84,399.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project) Ordinance No. 2012-076 G.Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.215 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.195 acre tract, all tracts located in the M.E.P. & P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1000 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Carl Kenneth Clay to purchase the Property Interests for the purchase price of Sixty Eight Thousand Four Hundred Sixty One Dollars and No Cents ($68,461.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project) City of Denton City Council Minutes April 17, 2012 Page 9 Ordinance No. 2012-077 H.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.996 acre tract in the M.E.P. & P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1300 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Lee Ann Phillips to purchase the Property Interests for the purchase price of Ninety Five Thousand Dollars and No Cents ($95,000.00), as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project) Ordinance No. 2012-079 J.Consider adoption of an ordinance finding that a public use and necessity exists to acquire an easement encumbering an approximate 0.911 acre tract located in the M.E.P. & P.R.R. Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 2500 block of McKinney Street (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Gary Dennis Dillard to purchase the Property Interests for the purchase price of One Hundred Thirty Two Thousand Nine Hundred Eighty Three Dollars and No Cents ($132,983.00), and other consideration, as prescribed in the Easement Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-080 K.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.2431 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known as Lot 20, Block A, of Bellaire Crossing, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Thirty One Thousand Seven Hundred Seventy Three Dollars and No Cents ($31,773.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes April 17, 2012 Page 10 Ordinance No. 2012-081 L.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.2135 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known as Lot 21, Block A, of Bellaire Crossing, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Thirty Thousand Two Hundred Twenty Eight Dollars and No Cents ($30,228.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-082 M.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.1905 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas known as Lot 22, Block A, of Bellaire Crossing, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Twenty Six Thousand Nine Hundred Sixty Nine Dollars and No Cents ($26,969.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-083 N.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.2025 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known as Lot 25, Block A, of Bellaire Crossing, according to the Amending Plat thereof recorded in Cabinet X, Page 111, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Twenty Eight Thousand Six Hundred Seventy Two Dollars and No Cents ($28,672.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes April 17, 2012 Page 11 Ordinance No. 2012-084 O.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 1.91 acre tract located in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally along the south line of Virginia Circle, just south of University Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to C.S. Residential, Inc. to purchase the Property Interests for the purchase price of Two Hundred Twenty Eight Thousand Six Hundred Fifty Two Dollars and No Cents ($228,652.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-085 P.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Hickory Street Sidewalk and Enhancements Project for the Downtown area; providing for the expenditure of funds therefor; and providing an effective date (Bid 4800-awarded to the lowest responsible bidder meeting specification, 2L Construction LLC, in the amount of $404,269.15). Resolution R2012-010 Q.Consider approval of a resolution allowing Metzler's Food & Beverage, Inc. to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 5, 2012, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification Board recommend approval with a vote of 6-0. Staff recommends approval of the request. Council considered Item B. Resolution No. R2012-009 B. Consider approval of a resolution of the City Council of the City of Denton, Texas, replacing a Policy for Tax Abatement for the City of Denton to establish guidelines and criteria governing Tax Abatement Agreements; and declaring an effective date. The Economic Development Partnership Board recommends approval (5-0). Council Member Watts stated that the criteria in the current policy for the abatement were 2 1/2 times the Federal minimum wage for the State of Texas. Erica Sullivan, Economic Development Analyst, stated that was correct. Council Member Watts asked if prior tax abatements looked for this figure. Sullivan stated that the figure would be $31,000 - $50,000. City of Denton City Council Minutes April 17, 2012 Page 12 Council Member Watts questioned if the Economic Development Partnership Board had seen the new language. Sullivan stated that only the two members who sit on the Council saw the change. Council Member Watts felt there was a large difference in the salary range and was not sure there was a need for that particular criteria in the policy as it would be on a case by case basis. He recommended removing the high skill, high paying jobs wording from the policy. Mayor Burroughs clarified that the recommendation was to remove the definition of high paying job. Council Member Watts replied correct. Mayor Burroughs felt that the concept of having a higher paying job was an important consideration although the dollar amount was not. He agreed with the aspect of the amount but the concept was important and that over time the amount would change. He felt deleting the definition would be appropriate or to leave the wording in for a high paying job with subjectivity on what that was. Council Member Watts motioned, Council Member King seconded to approve the resolution with an amendment to remove the minimum wage wording. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Item I was considered. Ordinance No. 2012-078 I. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.286 acre tract located in the M.E.P. & P.R.R. Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 2500 block of McKinney Street (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Bobbie R. Mitchell and wife, Corine Mitchell to purchase the Property Interests for the purchase price of Sixty Eight Thousand One Hundred Ninety Five Dollars and No Cents ($68,195.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project). The Public Utilities Board recommends approval (5-0). City Attorney Burgess stated that an amended ordinance had been provided to Council revising the language to tie it back to the relocation ordinance. There also was a change in the amount of the purchase from what was listed on the agenda. It should read $69,631.00. The ordinance City of Denton City Council Minutes April 17, 2012 Page 13 listed the correct amount. Any motion should include approval of the substitute ordinance with the amended language. Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the substitute ordinance with the amended language. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Mayor Burroughs left the meeting. 4. PUBLIC HEARINGS A. Hold a public hearing inviting citizens to comment on the City of Denton's 2012 Action Plan for Housing and Community Development. Barbara Ross, Community Development Administrator, stated that this was the annual public hearing to invite citizen comments on 2012-13 Action Plan. The Mayor Pro Tem opened the public hearing. Comment Cards were submitted by the following individuals: Zarian Presley-Boone, 601 Crescent, Denton, 76201 – requested sidewalks on Crescent Rebecca Appling, 1410 Manten, Denton, 76208 - support Andrea Schreiber, 308 Marietta, Denton, 76201 – requested sidewalks on Crescent David Kaplan, 308 Marietta, Denton, 76201 – requested sidewalks on Crescent Wendy McGee spoke in support of El Paseo Street. Rebecca Appling spoke in support of the funding. The Mayor Pro Tem closed the public hearing. No action was required by Council at this time. Ordinance No. 2012-086 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton's Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b)(14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Kathy Schaeffer, Program Area Manager, stated that these were the operating procedures for their summer programs. The Standards had to either meet or exceed the current State Day Care requirements and were intended to be minimum standards by which the city of Denton Parks and Recreation Department operated the city’s Youth/Teen programs. The programs operated by the City of Denton City Council Minutes April 17, 2012 Page 14 City under the Standards of Care were recreational in nature and were not day care programs. Changes made since October 2010 included adding a Recreation Specialist position, training specifics for the staff, booster seat regulations and removed the parent guide from the standards as they were different at each recreation center due to different emergency exits at the different centers. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. Council Member Watts motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion carried unanimously. C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU- 12) zoning district classification and use designation subject to a restrictive overlay on approximately 3.3 acres. The property is located east of Bell Avenue, approximately 500 feet north of the northeast intersection of Sherman Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z11-0026) The Planning and Zoning Commission recommends approval (7-0). Mayor Pro Tem Kamp reviewed the procedures for public hearings. Mark Cunningham, Director of Planning and Development, stated that the applicant proposed to rezone the property from Neighborhood Residential 3 to Neighborhood Residential Mixed Use 12 with the intent to rehabilitate the existing structures and allow for Assisted Living, a form of Elderly Housing per Subchapter 23 of the Development Code. He reviewed the zoning surrounding the property and indicated that the applicant was requesting to rezone the site to be consistent with the property to the south. Staff and the Planning and Zoning Commission recommended approval of the rezoning with a restrictive overlay. The NR-3 zoning did not allow elderly housing thus the need for the NRMU-12 zoning district. The Mayor Pro Tem opened the public hearing. Larry Reichhart spoke for the applicant. He indicated that the developers sought to redevelop the property for assisted living uses. NRMU-12 was the lowest zoning that allowed for assisted living. The zoning overlay would allow them to rehabilitate the building with no problems. Council Member Roden asked about communications with the neighbors. City of Denton City Council Minutes April 17, 2012 Page 15 Reichhart indicated that a neighborhood meeting had been held at North Lakes Recreation Center and was attended by 12-15 people. The main issue with the majority of those who attended was with the historic value of the building. His research had found that the building was not an O’Neill Ford building. Another concern expressed was about the commercial use of the property but he indicated that it was not going to be developed in that category. Council Member King stated that the intent was to put something similar to what had been there before. Reichhart replied correct. Council Member Engelbrecht asked if the architect was one from the O’Neill Ford firm. Reichhart stated that the architect was Art Swank. The previous director of the facility had communication with that architect. There was no direct documentation from O’Neill Ford. Council Member Gregory questioned the use chart which was being displayed as being different than what was in the backup. Cunningham stated that the chart was reflected in the wording of the ordinance. The chart in the backup showed the existing ordinance while the one on display reflected the recommendation from the Planning and Zoning Commission. Council Member Watts stated that the applicant asking to allow elderly housing with some of the other changes. Cunningham stated that the neighborhood community did not want to see high intensity development in the neighborhood. The Planning and Zoning Commission’s recommendation allowed elderly housing and those uses otherwise allowed would be modified by a specific use permit. Council Member Watts stated that these types of circumstances had happened before where there was rezoning with specific intentions. In this case elderly housing could not be done in NR-3. He questioned why the option would be given to come back with other uses in the future via a specific use permit and felt that other uses should be restricted. He also noted that questions had been raised regarding the credibility of statements of who owns the property and what they were going to do with it. Cunningham stated that those uses were already permitted in that zoning district so it was felt that there was no harm to keep those in. Council Member Roden asked Reichhart to clarify his position regarding the decision by the Planning and Zoning Commission in terms of the use of the overlay. Reichhart indicated he was not opposed to the overlay. City of Denton City Council Minutes April 17, 2012 Page 16 Council Member Roden stated that the developer’s website was advertising the sale of the property. Reichhart indicated that was a condition of lender who was going to foreclose on the property. The agreement not to foreclose included a condition that the property would be for sale if the rezoning did not go through. Council Member Watts stated that with the overlay the applicant had the right to tear down the building and rebuild. Major renovations could change the current status of the building. Reichhart stated that was correct. The following individuals spoke during the public hearing: Steven Ambuehl, 2007 N. Bell, Denton, 76209 - opposed Gary Hayden, 2106 North Bell, Denton, 76209 - opposed DiAnna Hynds, 504 Sunrise, Denton, 76209 - opposed Deborah Conte, 2106 N. Bell, Denton, 76209 - opposed Comment cards were received from the following individuals: Richard Smith, 1920 N. Bell, Denton, 76209 - opposed Victoria Hodge, 1823 N. Bell, Denton, 76209 - opposed Brandt Davis, 1902 N. Bell, Denton, 76209 - opposed Brian Wheeler, 1823 N. Bell, Denton, 76209 - opposed Mr. Reichhart was allowed a rebuttal. He indicated that other zoning uses that would be allowed based on the overlay included agriculture, single-family, community homes for the disabled, home occupations, outdoor recreation, parks, churches and elderly housing. The developer’s website was only four months old and they just finished a business plan. Staff had examples of the construction plans and O’Neill Ford being copied on two memos, but this was not an O’Neill Ford structure. The interior of the building needed a lot of work especially if the intent was to preserve the structure. Council Member Roden asked about the process for a historical structure. Cunningham stated that the State and Federal mark was 50 years but that there was no policy in Denton. Denton followed the State and Federal limits. Council Member Roden stated that a historical designation could be done without the property being 50 years old. Cunningham stated correct. Council Member Roden asked who could request that designation. City of Denton City Council Minutes April 17, 2012 Page 17 Cunningham stated that the property owner could request it or there could be a comprehensive plan amendment. Council Member Roden asked if the owner of the property thought about turning the building into a historic landmark. Reichhart stated that they had not discussed that but probably would not want to do that as it might hinder redevelopment. Mayor Pro Tem Kamp stated that a concern of the neighbors was a possible multifamily use of the property. Cunningham stated multifamily was not permitted. Council Member Gregory asked if someone could apply for a historical marker without the owner's permission. Cunningham stated that if a request were made, it would go through the process and the property owner notified. If he did not respond, the designation might be made. Council Member Gregory stated that the designation would restrict what could be done to the property. Cunningham replied correct. Council Member Gregory questioned if a zoning change could be requested by someone not owning the property. Cunningham stated that the City Manager could authorize a rezoning request. Reichhart questioned that if the building was not an O’Neill Ford building, what was its historic significance. Council Member Watts stated that the developer probably wanted the freedom to do whatever he wanted with the building. He felt that the developer was not going to leave the building as it was but probably tear it down and redo the site. He stated that NRMU-12 with an overlay restriction to elderly care did not have restrictions of preservation. He asked if representatives of the owners were present at the meeting. Reichhart replied no. Council Member Watts stated that given the concerns expressed by the neighbors and the nature of the conflict, he was surprised that they were not present. He questioned why the process did not go to the Zoning Board of Adjustment for a reinstatement of the variance. City of Denton City Council Minutes April 17, 2012 Page 18 Reichhart stated that the property would then again become a non-conforming use which could be lost again in the future. The zoning could not be changed. The re-establishing of the non- conforming use was a concern with lenders. Council Member Watts stated that at the original Planning and Zoning Commission meeting, the motion was to deny with a 3-3 tie vote. That motion failed. The backup materials indicated that the original zoning was NR-3 with a specific use permit for elderly care and that when the facility closed and was vacant for a long time, that zoning designation was lost. Cunningham stated that there was never a specific use permit for the property. Mayor Pro Tem Kamp stated the property was a nonconforming use and not a specific use permit. Council Member Watts stated that an alternative method would be to go to the Zoning Board of Adjustment to ask for an elderly variance. Cunningham stated that a request could be made for the non-conforming use to continue. Council Member Roden asked if Council could go through the list of permitted uses and remove those with a “SUP” and replace with an “N”. Cunningham stated correct. Council Member Roden asked if that could be done even with the gas well category. City Attorney Burgess stated staff would have to research that as it was not known at this time about the mineral rights on the property. Council Member Roden suggested having the Historic Landmark Commission investigate the issue regarding a historic designation and request that they plan for a future agenda to deal with this question. Council Member King stated that a solution would be to remove the specific use permit uses, restrict the square footage to 5500 square feet, restrict the use to elderly care and protect the neighborhood similar to what was there. City Attorney Burgess followed up on a previous question by Council Member Roden regarding the restriction of a gas well. A specific use permit was allowed for gas wells in NR-3 and would continue in NRMU-12. Council Member Engelbrecht asked if the protection of the building could be added to the overlay. Aaron Leal, Deputy City Attorney, stated that could not be done as rezoning regulated the uses and did not look at structures. City of Denton City Council Minutes April 17, 2012 Page 19 Council Member Engelbrecht stated that zoning was for the land and that the Denton Development Code would have to be amended to address the structures or improvements to the property. Mayor Pro Tem Kamp closed the public hearing. Council Member Watts stated that the desire was to potentially preserve the building if it was of historic significance to the City and if not an O’Neill Ford building, he would not oppose the removal of the building. If the building was not an O’Neill Ford building, it would be hard to deny the developer an opportunity to develop the property. If it was an O’Neill Ford building, he felt it should be preserved. He was in favor of postponing consideration to allow the Historic Landmark Commission investigate the issue and return to Council with a recommendation. Council Member Engelbrecht stated that there would be limitations on the structure under a historic designation because every structure was unique and if Council moved in that direction, he would be concerned about the interior of the structure as the inside was not up to standards. He suggested a report by the Historic Landmark Commission on what could be done with the building so as to be economically viable. Council Member Roden stated that the historic designation was only on the exterior of the building and not the interior of the building. Council Member King stated that with a historic designation, the developer might abandon the project and the building would remain empty. If the zoning were restricted too much it might not be possible to develop the property. Reichhart suggested a condition that the developer would not alter the street facing facade without City Council approval or without the designation that it was not a historical building. Go through the process with the Historic Landmark Commission and if the building was not deemed historic, the developer could do what he wanted with the building. If it was deemed historic, the front facade would be maintained unless the developer came to Council for approval. Mayor Pro Tem Kamp questioned if it would be better for Council to give staff time to do research regarding the possible historic nature of the building or to craft that in language for a motion. City Attorney Burgess stated that Council could word a motion to give staff time to clarify the issue on the historic nature of the building and whether to send the item to the Historic Landmark Commission. Council Member Engelbrecht stated that he would prefer to have Legal look at the issue rather than trying to draft wording for a motion on the spot. Council Member King motioned to approve the ordinance with an amendment to remove the specific use permit listing in the overlay, to maintain the façade of the building unless it was proven that it was not an O’Neill Ford building in a presentation at a City Council meeting. City of Denton City Council Minutes April 17, 2012 Page 20 Motion died for lack of a second. Council Member Roden suggested postponing consideration until the Historic Landmark Commission was able to investigate the question of the historic nature of the building in conjunction with staff. City Attorney Burgess suggested a motion wording could be “completion of a study by the Historic Landmark Commission on the historic nature of the building and the information presented to the Council”. Council Member Roden motioned to postpone consideration until the completion of an event but th no later than June 19 with the Historic Landmark Commission investigating the historic nature of the property. Motion died for lack of a second. Council Member Gregory suggested postponing the item in order to craft correct wording on the deletion of the specific use permits and staff researching the architectural source of the structure rather than going to the Historic Landmark Commission. Council Member King stated that he was in agreement with Council Member Gregory’s th comments. He felt a motion could be to postpone consideration until the May 15 meeting for staff to rework the wording, to remove the specific use permits for permitted uses and have staff determine the architectural source of the building. Council Member Watts stated that the Historic Landmark Commission could call a special meeting to take a look at this issue but there was a need to move forward as soon as possible. Council Member Engelbrecht questioned who would be the staff point of contact to do the analysis. Acting City Manager Martin stated that Mark Cunningham would be the point of contact. Council Member Roden stated that even though the item would not be a public hearing, interested citizens could still speak on the issue under Items for Individual Consideration. Council Member King motioned, Council Member Gregory seconded to postpone consideration th until the May 15 meeting for staff to rework the wording to remove the specific use permits for permitted uses and have staff determine the architectural source of the building. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion carried unanimously. Ordinance No. 2012-087 D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a 2,725 acre Detailed Plan to amend Ordinance 2011- City of Denton City Council Minutes April 17, 2012 Page 21 124 to allow signs within the Robson Ranch Planned Development District (PD- 173). The subject site is located north of Crawford Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPC10-0001); and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (PDA11-0003) The Planning and Zoning Commission recommends approval (7-0). Mark Cunningham, Director of Planning and Development, stated that the applicant was requesting to amend Ordinance No. 2011-124 to add a detailed signage plan. The detailed signage plan would include such signs as monument sign and directional signs. Approval of the plan would allow the City to issue building permits for the signs; nine of which had already been constructed. The Development Review Committee and the Planning and Zoning Commission had recommended approval with conditions. Those conditions included all original conditions of approval and subsequent modifications associated with PD 173 would remain valid, unless specified herein, and to the extent not shown on the Detailed Signage Plan, the City Codes would govern; and the Detailed Signage Plan as submitted would guide the development of the signs within the PD. The Mayor Pro Tem opened the public hearing. Carson Carter, representing the applicant, spoke in favor. The Mayor Pro Tem closed the public hearing. Council Member Roden questioned the boundaries for the public notification. Cunningham stated that it was the entire planned development. Council Member Roden questioned how only 39 public notices were sent out and how the 200 foot notice determination was made. Council Member Gregory stated that the backup showed a map of the entire subdivision and with different types of signs and many homes where the signs would be located. Council Member Watts questioned if this was a sign district or each individual sign. If it was a sign district, then the rules would be for the entire development. Cunningham stated that the sign district applied to all of the acreage and not each individual sign location. Aaron Leal, Deputy City Attorney, stated that the notification would be within 200 feet of the perimeter of the property so notifications would go to locations outside the development. Council Member Engelbrecht motioned, Council Member King seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, City of Denton City Council Minutes April 17, 2012 Page 22 Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion carried unanimously. Ordinance No. 2012-088 E. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) on approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z11-0025) The Planning and Zoning Commission recommends approval (5-1). Mark Cunningham, Director of Planning and Development, stated that the subject property included approximately 40 acres. Approximately 10.6 acres were comprised of three zoning districts (CM-G, NRMU-12 and RD-5) and the remaining 28.1 acres were Rural District 5. The applicant was requesting an initial zoning district of Community Mixed Use General and Neighborhood Residential Mixed Use 12 on approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district to a NRMU-12 zoning district. The request was in compliance with the future land use for the property. Staff and the Planning and Zoning Commission recommend approval of the request. Mayor Pro Tem Kamp opened the public hearing. The following individuals spoke during the public hearing: Larry Reichhart, representing the applicant, spoke in favor. Jimmy Wagner, 298 Carpenter Road, Denton, 76209 - opposed due to the traffic situation JC Hughes, 5300 E McKinney, Denton, 76208-opposed to multi-family Darrell Hayslip, 5300 E. McKinney, Denton, 76208 – opposed to multi-family Mr. Reichhart was allowed a five minute rebuttal. He indicated that any type of multi-family would have to be part of the master plan or a specific use permit so the neighborhood would be protected against multi-family. Multi-family could be restricted if Council desired. In terms of traffic, the developer would have to do an impact analysis. It was felt that non-residential uses would be better for the area than residential. They did not have a neighborhood meeting but sent letters to property owners within 500 feet to have an individual meeting or respond via email. He had received no responses. Council Member Watts questioned if Reichhart would oppose to restricting multi-family or a straight specific use permit for multi-family. Reichhart indicated that he would be ok with a restriction on multi-family. City of Denton City Council Minutes April 17, 2012 Page 23 Laura Sanders, 5212 Whiting Way, Denton, 76208 spoke in opposition regarding multi-family uses and also problems with the DISD. Mayor Pro Tem Kamp stated that there would be no multi-family on the project and if Ms. Sanders had issues with the DISD, she needed to present them to the DISD and not Council. The Mayor Pro Tem closed the public hearing. Council Member Roden stated that East McKinney was scheduled for widening and questioned if it included this area. Acting City Manager Martin stated that McKinney would be widened from Woodrow past the high school but he didn’t know when that would be as TxDOT had not given it a priority rating. Council Member Watts motioned, Council Member King seconded to adopt the ordinance with a restriction of prohibiting multi-family development on the site. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden – “aye”. Motion carried unanimously. 5. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Watts requested an update on the pedestrian bridge over Loop 288. Mayor Pro Tem Kamp noted a fund raiser Friday night at the Center for the Visual Arts for Frenchy. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes April 17, 2012 Page 24 There was no continuation of Closed Meeting. C. 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 9:31 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS