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Minutes April 24, 20011 32 CITY OF DENTON CITY COUNCIL MINUTES April 24, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting of the City of Denton City Council on Tuesday, April 24, 2001, at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: Deliberations Regarding Certain Public Power Utilities Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086.**Consultation with Attorney --- Under TEX. GOV'T. CODE Section 551.071. (i) Received a confidential competitive electric utility presentation from Staff; receive competitive electric market information from Staff and outside experts; discussed, deliberated, considered, provided Staff with direction, vote, and take action as necessary regarding future wholesale power purchase strategies including, but not limited to the replacement of resources, and the possible sale, transfer, assignment, or other divestiture of the City of Denton's electric utility system, including, without limitation: the Spencer generation facility located on Spencer Road in Denton County, Texas; and the two hydroelectric facilities owned by the City located in Denton County, Texas. Conduct a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorney's duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. Work Session of the City of Denton City Council on Tuesday, April 24, 2001 at 6:00 p.m. in the Council Work Session Room in City Hall. 1. The Council received a staff report, held a discussion, and gave staffdireetion regarding a proposed revision to Section 20-1 of the Code of Ordinances regulating noise. Scott Fletcher, Field Operations-East-Denton Police Department, stated that on January 23, 2001, staff presented a report to Council outlining several proposed revisions to the current noise ordinance. Following that report, staff received several comments from interested parties regarding their problems and concerns with the proposed revisions. Based on those comments and comments from Council, staff continued to research possible solutions to the noise nuisance issue. The business and residential section of the ordinance specifically targeted music violations, used decibel levels as an objective standard, kept the hours of the current ordinance, included lower levels for nighttime noise, and allowed for proactive approach by businesses. Decibel levels for daytime noise would be 75 dba, nighttime level would be 70 dba. This was based on staff research of current levels with the levels intended to include ambient noise. Bass reverberations were one of the more common noise complaints. The ordinance would be based on the perception of vibration as the standard and would be measured from inside the residence. 13'3 City of Denton City Council Minutes April 24, 2001 Page 2 Vehicles would involve clearly audible sound from more than 35 feet, would be applicable to music and bass, would address the majority of citizen complaints, was based on safety factors and would be enforceable on sight. Outdoor music festivals would provide measurable standard for event noise, 70 dba at event perimeter would be permitted, included ambient noise and would be enforced based on complaints. The department would have a specific policy on how to handle noise complaints, with detailed procedures for enforcement and would require documentation for citizen complaints. Council discussed the provisions of the proposed ordinance centering on violation of all citizen's rights including those making the noise and those hearing the noise. A concern was expressed regarding the provisions dealing with outdoor music festivals versus bands playing outdoors on a regular basis. Tom Kay spoke to the Council regarding noise around his home from a nearby a club. Mickey George spoke to Council regarding the revisions of the noise ordinance. Consensus of the Council was to review the concerns expressed and return for another work session. 2. The Council received a report, held a discussion, and gave staff direction concerning cable television rates for Charter Communications. John Cabrales, Public Information Officer, stated that the City was certified to regulate cable television rates for basic cable service, equipment, changing tiers, and the hourly service charge. Under the current franchise agreement, Charter Communications agreed to file for new rates only once per year. The City received the appropriate FCC forms on March 2, 2001. The City had one year from that date to issue a rate order establishing the maximum permitted rates that Charter Communications may charge. He reviewed the proposed rates from Charter as indicated in the agenda materials. A public hearing would be held on May 1, 2001 for public input and the Council would consider the ordinance on May 15, 2001. 3. The Council received a briefing and demonstration from staff regarding the Building Inspections Division's recently implemented permit tracking software and online interface. Greg Mitchell, Building Official, provided Council with a demonstration on how the development data was being recorded and used and how online customer services would be improved for both the general public and builders/contractors. 4. The Council received a report, held a discussion and gave staff direction regarding amending the Tax Abatement Policy to include additional considerations for expanding businesses. Linda Ratliff, Community Development Director, stated that some existing businesses under the current policy, even though they might spend a great deal of money on renovations of a building, would not exceed the threshold for a tax abatement. Two clauses were added to address this type of situation. One clause addressed special consideration for abandoned buildings in an attempt to more aggressively market facilities that qualified. 134 City of Denton City Council Minutes April 24, 2001 Page 3 Council Member Cochran suggested a clarification regarding speculative leasing spaces. Council Member Kristoferson left the meeting. Consensus of the Council was to proceed with the amendment to the tax abatement policy as proposed. 5. The Council received a report, held a discussion and gave staff direction on proposed changes to City Ordinance - Chapter 26 - Utilities. This proposal reflected changes in operations, technology, and customer needs, and are in preparation for deregulation. Susan Croff, Utilities Customer Service Manager, stated that Council considered changes to the ordinance on March 27, 2001 and requested additional information in several areas including the charging of interest on late payments, the addition of a delinquent penalty charge and a change in the payment due date and termination of service. A 37 day time line would be implemented instead of the current longer time flame. The notice of disconnect would be placed on the next bill instead of sending out a separate notice. However, more personal calls would be made indicating that disconnection would be made within a few days. Consensus of the Council was to phase in the changes starting with the reduced time frame and later consider implementing the penalty and interest fees with an automatic review of the ordinance in six months. 6. The Council received a report, held a discussion, and gave staff direction regarding changing the Council's rules to allow discussion and consideration of items pulled from the consent agenda prior to the public hearings. Betty Williams, Director of Public Information and Management, stated that due to increased development activities, numerous public heatings were being considered at each council meetings. Many times the pubic heatings were quite lengthy and result in a number of staff waiting to be available to answer Council questions when a pulled consent agenda item was considered under "Items for Individual Consideration". It was felt that it would be more efficient to have pulled consent agenda items considered after the consent agenda. Consensus of the Council was to proceed with the amendment and to incorporate it into a consolidation of the entire ordinance. 7. New Business The following items of New Business were suggested by Council Members for future agendas. A. Council Member Cochran suggested a review of the code enforcement process. 8. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes April 24, 2001 Page 4 135 9. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 9:50 p.m. CITY OF DENTON, TEXAS I~ULINE BROCK, MAYOR CITY OF DENTON, TEXAS