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Minutes February 22, 2000CITY OF DENTON CITY COUNCIL MINUTES February 22, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, February 22, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Personnel Matters – Under TEX. GOV’T. CODE Section 551.074 1. Evaluation of Municipal Judge 2. Evaluation of City Attorney 3. Evaluation of City Manager Work Session of the City of Denton City Council on Tuesday, February 22, 2000 at 6:30 p.m. in the Council Work Session Room in City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council received a staff report, and held a discussion regarding a group counseling program for couples to be presented by the Police Department’s Family Services Coordinator. Gary Matheson, Chief of Police, presented the background information on the proposal for a group counseling program. It was felt that there was a gap in services for couples who were experiencing conflicts in their relationships but had not yet escalated to the degree that the criminal statutes regarding family violence were applicable. Richard Godoy, Family Services Coordinator, stated that the seminar was a 10-week proactive program designed for couples who had experienced conflict in their relationship, had expressed a desire to maintain their relationship, and realized they needed assistance with communication skills and conflict resolution techniques. Couples in which one or both parties had been arrested for Class A Misdemeanor Assault involving Family Violence would not be eligible for this program. Council discussed the various aspects of the program and the potential liability of the City by initiating such a program. Jane Ogletree, Denton County Friends of the Family, spoke regarding her concerns of the program which included checks and balances of who would be enrolled in the program. Safety of the women in the program would be of the utmost concern. City Manager Jez stated that staff would continue to fine tune the proposal and bring it back in another work session with specifics in selection criteria, structure of the program, steps to mitigate city liability, etc. City of Denton City Council Minutes February 22, 2000 Page 2 2. The Council received a report and gave staff direction regarding use of volunteers by the City of Denton. Rodney Mitchell, Management Assistant, stated that Council Member Cochran had requested information on the use of volunteers in the City of Denton. He detailed what volunteers the City used to help in its delivery of services as noted in the agenda materials. 3. The Council received a report, held a discussion, and gave staff direction regarding the City of Denton Tax Abatement Policy. Linda Ratliff, Director of Economic Development, stated that the Council had asked that the Joint Tax Abatement Committee draft a new tax abatement policy for Council consideration. She highlighted the proposed changes in the policy as noted in the agenda materials. Council Member Young questioned the addition of a minority hiring percentage to the proposal. Consensus of the Council was to research further those cities that had a policy regarding minority hiring as a clause in the program but to encourage applicants for a tax abatement to hire minorities, change wording that tax abatement would not be based on land value of the property, and change the amount to $5 million. Changes would be made and brought back to Council for consideration. 4. The Council received an update on Region C Water Planning activities for North Central Texas. Howard Martin, Assistant City Manager for Utilities, stated that Senate Bill 1 put in place a grassroots regional planning process to plan for the water needs of all Texans for the next 50 years. He reviewed the formation of the Regional Water Planning Groups and the basic functions of those groups as detailed in the agenda materials. 5. The Council received a report, held a discussion, and gave staff direction concerning Intellisys Streaming Media System that will enable Internet broadcasts of council meetings. Alex Pettit, Director of Technology Services, stated Council had requested that this item be considered at a Work Session. The proposal was to provide citizens the ability to access City of Denton City Council and/or Planning and Zoning Commission meetings from the Internet and other sources. This program could be used for broadcasting other types of events that were being held in the City. Consensus of the Council was to proceed with the proposal. 6. The Council held a discussion and provided staff direction regarding odor abatement at the Wastewater Treatment Plant. Howard Martin, Assistant City Manager for Utilities, stated that Council Member Young had requested this item be placed on a Work Session for discussion. The back-up materials indicated the current status of the facility and possible future considerations for the facility. City of Denton City Council Minutes February 22, 2000 Page 3 Consensus of the Council was to maintain present procedures as it was felt that the odors were minimal based on TNRCC findings. There were also other city facilities in the area that might be producing the odors and it was felt that it was necessary to find out where the odor might be coming from before other measures were implemented that might not correct the problem. 7. The Council received a report, held a discussion, and gave staff direction regarding the draft Interim Nonresidential Standards Ordinance. Dave Hill, Assistant City Manager for Development Services, presented a revised ordinance for Council consideration. This ordinance had been reviewed during two meetings sponsored by the Denton Chamber of Commerce. Three major issues were outgrowth of those meetings. Those issues included multiple lot platting, environmentally sensitive areas, and architectural design/ review. Chuck Carpenter, Chamber of Commerce, stated that the Chamber still had some concerns regarding the provisions of the regulations. There were still some terms that needed to be better defined. Council debated the various options regarding the interim regulations and made suggestions to change those regulations. Consensus of the Council was to move forward with the recommended changes. 8. The Council received a report, held a discussion, and gave staff direction regarding Open Space Conservation options. Dave Hill, Assistant City Manager for Development Services, stated that Council Member Kristoferson had requested a work session on this item to discuss open space conservation options. Open space conservation was an effort to preserve rural characters of a particular area. Consensus of the Council was to develop any legal aspects of the concept before further consideration as part of the permanent code. Following the completion of the Work Session, the Council convened into a Special Called Session. 1. The Council considered adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 6, 2000, and, if a runoff election is required, on June 3, 2000 for the purpose of electing council members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, Texas; designating voting places; appointing election officials; providing for early voting; providing for bilingual notice of the election; ordering that an electronic voting system be used; and providing for an effective date. The following ordinance was considered: City of Denton City Council Minutes February 22, 2000 Page 4 NO. 2000-067 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 6, 2000, AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 3, 2000 FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR EARLY VOTING; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 2. The Council considered the following request for relief from the provisions of Ordinance 99-474, establishing moratoria to apply to certain specified development applications: a. Oaktree Plaza, southeast corner of Loop 288 and Spencer Road – 6.632 acres zoned C(c). b. Lillian Miller Parkway at Southridge Boulevard, 4.3 acres zoned PD-87 (single-family). c. Wind Jammer, LTD., Lakes of Sundown Ranch (Unicorn Lake), 133 acres zoned PD- 20. ± d. Kerestine property, northwest corner of Woodrow Lane and Morse Street – 0.6 acres zoned LI. Item 2a was considered. Ralph Eisenberg spoke regarding the issue. Young motioned, Burroughs seconded to approve the relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote. Item 2b was considered. Rick Moore spoke regarding the issue. Cochran motioned, Burroughs seconded to approve the relirf. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Item 2c was considered. Ike Shupe and Bob Shelton spoke regarding the issue. City of Denton City Council Minutes February 22, 2000 Page 5 Young motioned, Burroughs seconded to approve the relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. Item 2d was considered. Don Frazier spoke regarding relief from the moratorium and the interim regulations. Cheryl Kerestine spoke regarding the issue. Young motioned, Beasley seconded to approve the relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 3. The Council considered adoption of an ordinance suspending TXU Electric Company’s Tariff Filing Pursuant to Substantive Rule 25.241 requesting revisions to 27 of its retail rates/riders for sales of electric service to its customers in the City of Denton, Texas filed on January 25, 2000, for 90 days beyond the effective date to permit the City time to study and make recommendations regarding the proposed changes; adopting declarations and findings in the preamble; providing the reasons therefore; providing a severability clause; and providing for an effective date. The following ordinance was considered: NO. 2000-068 AN ORDINANCE SUSPENDING TXU ELECTRIC COMPANY’S TARIFF FILING PURSUANT TO SUBSTANTIVE RULE 25.241 REQUESTING REVISIONS TO 27 OF ITS RETAIL RATES/RIDERS FOR SALES OF ELECTRIC SERVICE TO ITS CUSTOMERS IN THE CITY OF DENTON, TEXAS FILED ON JANUARY 25, 2000, FOR 90 DAYS BEYOND THE EFFECTIVE DATE TO PERMIT THE CITY TIME TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE PROPOSED CHANGES; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; PROVIDING THE REASONS THEREFORE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 11:50 p.m. ______________________ ________________________ JENNIFER WALTERS JACK MILLER CITY SECRETARY MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXS