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Minutes February 02, 1999CITY OF DENTON CITY COUNCIL MINUTES February 2, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, February 2, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: Mayor Miller 1. Closed Meeting: A. Conference with Employees – Under TEX. GOV’T. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. B. Deliberations regarding Real Property – Under TEX. GOV’T. CODE Sec. 551.072; and Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071. 1. Discussed and gave staff direction regarding the possible condemnation of Missouri Pacific Railroad Right-of-Way to provide a street crossing for Nottingham Drive. Regular Meeting of the City Council on Tuesday, February 2, 1999 at 6:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: Mayor Miller 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of November 3, November 9, and November 10, 1998. Young motioned, Kristoferson seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion carried unanimously. PRESENTATIONS/AWARDS 3. Proclamations Mayor Pro Tem Beasley presented a proclamation for American Heart Month. City of Denton City Council Minutes February 2, 1999 Page 2 4. February Yard-of-the-Month Awards Mayor Pro Tem Beasley presented the following February Yard of the Month Awards: Bob and Juliette Nichols Gary and Meloney Watson Calloway’s Nursery 5. Texas Recycles Awards Jan Dixon, Chair-Education Committee for Keep Denton Beautiful, made presentations to the winning schools and individuals. CITIZEN REPORTS 6. The Council received a report from Dessie Goodson regarding perjury, responsibility, and the truth. Ms. Goodson stated that she wanted to postpone her report until the next council meeting. NOISE EXCEPTIONS 7. The Council considered a request for an exception to the noise ordinance from the Krum Rodeo Club of the North Texas High School Rodeo Association for their annual rodeo to be held at the North Texas State Fairgrounds on Friday and Saturday, February 5th and 6th until 1:00 a.m. and on Sunday, February 7th from 2:00 p.m. to 6:00 p.m. Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”, Motion carried unanimously. CONSENT AGENDA Burroughs motioned, Kristoferson seconded to approve the Consent Agenda and accompanying ordinances.On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Young “aye”. Motion carried unanimously. 8. NO. 99-025 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR ROADWAY BORES UNDER UNIVERSITY AT ELM AND UNIVERSITY AT LOCUST; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2327 – BORES, UNIVERSITY DRIVE AT ELM AND LOCUST IN THE AMOUNT OF $77,605) City of Denton City Council Minutes February 2, 1999 Page 3 9. NO. 99-026 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF EMERGENCY MEDICAL SERVICES (EMS) SUPPLIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2311 – EMS SUPPLIES AWARDED AS LISTED ON ORDINANCE EXHIBITS A, B, AND C, ESTIMATED ANNUAL EXPENDITURE IS APPROXIMATELY $120,000) 10. NO. 99-027 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF PLAYGROUND STRUCTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2326 – PARK PLAYGROUND STRUCTURES, MODLIN RECREATION EQUIPMENT, INC. IN THE AMOUNT OF $39,171) 11. NO. 99-028 AN ORDINANCE AMENDING ORDINANCE NO. 98-415 BY CORRECTING THE DESCRIPTIVE CAPTION OF THE ORDINANCE AND SECTIONS I AND III TO CHANGE THE REFERENCE TO ORDINANCE NO. 96-014 TO 94-183, AS AMENDED, REGARDING SECURITY FOR CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS 12. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending Chapter 35 “Zoning” of the Code of Ordinances of the City of Denton, by revising Section 35-7 “Amendments” and Section 35-44 “Notice of public hearings”, providing for new standards for public notification procedures used to advertise public hearings required when the boundaries of zoning districts or the regulations established related to zoning are amended, supplemented, or changed, or when zoning variances, appeals, or special exceptions are made; requiring the use of certified mail to notify property owners located within 200 feet from a property where a zoning change, variance, appeal, or special exception is requested; requiring the use of first class mail to notify property owners located within 500 feet of a property where a zoning change, variance, appeal, or special exception is requested; requiring the posting of signs advertising public hearing dates on properties where a zoning change, variance, appeal, or special exception is requested; by adding Section 35-56 “Access to Property/Remedy for Removal of Sign”; providing the removal of a sign posted per this ordinance constitutes a violation of law; repealing Ordinance 79-62; providing a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause; providing a savings clause and providing for an effective date. (The Planning & Zoning Commission recommended approval 7-0.) Items 12 and 13 were considered together. City of Denton City Council Minutes February 2, 1999 Page 4 Dave Hill, Director of Planning and Development, stated that this would improve the public hearing notification procedures. The Planning and Zoning Commission recommended approval 7-0. The only item changed was that individuals who received official notification from the City might be considered intimidating. Staff had asked to put something on the outside of the envelope to indicate that it was a notification of a public hearing. The Mayor Pro Tem opened the public hearing. Christine Rowel stated that she was pleased that the Council was taking these steps. The City would be going beyond what was required by law and she was pleased to see that. She questioned if something other than the tax rolls could be used for notification as often the tax rolls were not current. Brenda Phillips stated that she appreciated the Council’s efforts to correct this situation. The Mayor Pro Tem closed the public hearing. The following ordinances were considered: NO. 99-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 35 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, BY REVISING SECTION 35-7 “AMENDMENTS” AND SECTION 35-44 “NOTICE OF PUBLIC HEARINGS”, PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS REQUIRED WHEN THE BOUNDARIES OF ZONING DISTRICTS OR THE REGULATIONS ESTABLISHED RELATED TO ZONING ARE AMENDED, SUPPLEMENTED, OR CHANGED, OR WHEN ZONING VARIANCES, APPEALS, OR SPECIAL EXCEPTIONS ARE MADE; REQUIRING THE USE OF CERTIFIED MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 200 FEET FROM A PROPERTY WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; REQUIRING THE USE OF FIRST CLASS MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 500 FEET OF A PROPERTY WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; REQUIRING THE POSTING OF SIGNS ADVERTISING PUBLIC HEARING DATES ON PROPERTIES WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; BY ADDING SECTION 35- 56 “ACCESS TO PROPERTY/REMEDY FOR REMOVAL OF SIGN”; PROVIDING THE REMOVAL OF A SIGN POSTED PER THIS ORDINANCE CONSTITUTES A VIOLATION OF LAW; REPEALING ORDINANCE 79-62; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE City of Denton City Council Minutes February 2, 1999 Page 5 NO. 99-030 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34 “SUBDIVISION AND LAND DEVELOPMENT REGULATIONS” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, SECTION 34-36 “ANNEXATION PROCEDURES”, PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS REQUIRED WHEN THE BOUNDARIES OF THE CITY ARE CHANGED DUE TO ANNEXATION; REQUIRING THE USE OF FIRST CLASS MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 500 FEET OF A PROPERTY WHERE AN ANNEXATION PETITION IS CONSIDERED; REQUIRING THE POSTING OF SIGNS ADVERTISING PUBLIC HEARING DATES ON PROPERTIES WHERE AN ANNEXATION IS CONSIDERED; PROVIDING THE REMOVAL OF A SIGN POSTED PTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R.W. BECK, INC., FOR CONSULTING SERVICES PERTAINING TO THE DEVELOPMENT OF A NEW ELECTRIC SERVICE RATE DESIGN FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to adopt the above ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion carried unanimously. 13. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending Chapter 34 “Subdivision and Land Development Regulations” of the Code of Ordinances of the City of Denton, Section 34-36 “Annexation Procedures”, providing for new standards for public notification procedures used to advertise public hearings required when the boundaries of the city are changed due to annexation; requiring the use of first class mail to notify property owners located within 500 feet of a property where an annexation petition is considered; requiring the posting of signs advertising public hearing dates on properties where an annexation is considered; providing the removal of a sign posted per this option of an ordinance constitutes a violation of law; providing a penalty in the maximum amount of $500.00 for violations thereof; providing a severability clause; providing a savings clause and providing for an effective date. (The Planning and Zoning Commission recommended approval 7-0.) The item was considered with Item #12. ITEMS FOR INDIVIDUAL CONSIDERATION 14. The Council considered adoption of an ordinance granting a three-year exception to the Noise Ordinance for the Denton Festival Foundation in connection with the operation of the Denton Arts & Jazz Festival held in Civic Center Park on the last Friday, Saturday, and Sunday in April. This item was pulled from consideration. City of Denton City Council Minutes February 2, 1999 Page 6 15. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with R.W. Beck, Inc., for consulting services pertaining to the development of a new electric service rate design for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered: NO. 99-031 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R.W. BECK, INC., FOR CONSULTING SERVICES PERTAINING TO THE DEVELOPMENT OF A NEW ELECTRIC SERVICE RATE DESIGN FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “nay”. Motion carried with a 5-1 vote. 16. The Council considered adoption of an ordinance of the City of Denton, Texas amending and adopting the schedule of fees as authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the City of Denton, Texas, for filing applications for review, approval, grant or issuance of plats, plans, licenses, certificates, variances or designations required by the subdivision rules and regulations and zoning regulations of the Code of Ordinances; providing for repeal of all ordinances in conflict herewith; providing a severability clause; providing a savings clause; providing for publication; and providing an effective date. The following ordinance was considered: NO. 99-032 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING AND ADOPTIONG THE SCHEDULE OF FEES AS AUTHORIZED BY CHAPTER 34 AND CHAPTER 35 OF THE CODE OF ORDINANCES FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion carried unanimously. City of Denton City Council Minutes February 2, 1999 Page 7 17. The Council considered adoption of an ordinance adopting an ordinance of the City of Denton, Texas creating four disabled parking spaces, a disabled parking ramp area and six thirty minute parking spaces on the east side of Railroad Avenue next to Denton City Hall East; creating a bus loading zone on the south side of Hickory Street; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. The following ordinance was considered: NO. 99-033 AN ORDINANCE ADOPTING AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING FOUR DISABLED PARKING SPACES, A DISABLED PARKING RAMP AREA AND SIX THIRTY MINUTE PARKING SPACES ON THE EAST SIDE OF RAILROAD AVENUE NEXT TO DENTON CITY HALL EAST; CREATING A BUS LOADING ZONE ON THE SOUTH SIDE OF HICKORY STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion carried unanimously. 18. The Council considered adoption of an ordinance of the City of Denton, Texas, prohibiting parking on the north side of Sun Valley Drive from the east curb of Stuart Road to the east curb of Yellowstone Place; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars and declaring an effective date. The following ordinance was considered: NO. 99-034 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING ON THE NORTH SIDE OF SUN VALLEY DRIVE FROM THE EAST CURB OF STUART ROAD TO THE EAST CURB OF YELLOWSTONE PLACE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS AND DECLARING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion carried unanimously. 19. The Council considered approval of a resolution approving the expenditure of previously budgeted and disbursed Hotel Tax Funds by the Denton Chamber of Commerce Convention and Visitors Bureau. City of Denton City Council Minutes February 2, 1999 Page 8 The following resolution was considered: NO. R99-006 A RESOLUTION APPROVING THE EXPENDITURE OF PREVIOUSLY BUDGETED AND DISBURSED HOTEL TAX FUNDS BY THE DENTON CHAMBER OF COMMERCE CONVENTION AND VISITORS BUREAU Durrance motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion carried unanimously. 20. The Council considered adoption of an ordinance directing the issuance and publication of Notice of Sale of City of Denton General Obligation Bonds; and providing for an effective date. The following ordinance was considered: NO. 99-035 AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Kristoferson seconded to adopt the ordinance.On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion carried unanimously. 21, The Council considered adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton; and providing for an effective date. The following ordinance was considered: NO. 99-036 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,Kristoferson “aye”, and Young “aye”. Motion carried unanimously. 22. Miscellaneous Matters from the City Manager. City Manager Jez did not have any items for Council. City of Denton City Council Minutes February 2, 1999 Page 9 23. New Business There were no items of New Business suggested by Council Members for futures agendas. 24. The Council returned to a Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned. ________________________________ RONI BEASLEY, MAYOR PRO TEM CITY OF DENTON, TEXAS ________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS