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Minutes August 14, 2001348 CITY OF DENTON CITY COUNCIL MINUTES August 14, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, August 14, 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, Fulton, McNeill, Phillips and Redmon. ABSENT: None 1. The Council considered the following in Closed Meeting: Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071 Considered and discussed possible settlement of potential threatened litigation involving a claim of the United States against the City and others, regarding activities of PCB, Inc.; and consulted with the City's attorneys on a matter in which the ethical duties of the attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly require such a consultation to be held in private. Work Session of the City of Denton City Council on Tuesday, August 14, 2001 at 6:00 p.m. in the Council Work Session Room. 1. The Council received a report from Richard Franco regarding proposed developments of the Denton Housing Authority. Council Member Redmon left the meeting with a potential conflict of interest. Richard Franco, Director of Denton Housing Authority, presented a schematic drawing for the elevation on the proposed elderly housing on Lakey and Wilson Streets. These were preliminary designs and suggested layouts for the proposals. There would be eight units on Lakey Street with one and two bedrooms for the elderly, 62 years old and older. There would be two bedrooms also on the site. The units were patterned after the same design as the units on Hinkle Street. There would be twelve units on Wilson Street. The units would be rental units and not for sale. The units would be equipped to handle special needs such as grab bars and wider doors for wheel chairs. Mayor Pro Tem Beasley asked about other projects proposed by the Denton Housing Authority. Franco stated that he would have to go to his Board to see how to proceed with the other projects they had proposed. Council Member Burroughs stressed the need for the Housing Authority to get buy-in from the neighbors. Council Member Phillips asked about rebuilding on the present Phoenix site. Franco stated that he had no problem with rebuilding on the Phoenix site. City of Denton City Council Minutes August 14, 2001 Page 2 349 Council Member Redmon retumed to the meeting. 2. The Council received a report, held a discussion and gave staff direction regarding Southeast Denton Small Area Plan. Dedra Ragland, Planning and Research Manager, stated that the Southeast Denton Planning Area was the area bounded by McKinney Street to the north, Woodrow Street to the east, Shady Oaks Street to the south and Dallas Street, Wainwright Street and Bell Avenue to the west. Staff had contacted numerous organizations in the area to be involved in the process. The planning process for the area was initiated in May 2000. Since that time, there were 6 formal neighborhood meetings to review and discuss issues, concerns, goals and strategies to identify a vision for the community. As a result of the citizen input and review, redevelopment of the southeast Denton area's homes and neighborhoods was the single most important element of the overall plan. Two options had been identified. Option one would work towards the development of an area-wide land use plan that identified an appropriate balance between single- family homes, multi-family dwellings, and nonresidential uses. Once created, the implementation plan would include an Affordable Housing Strategy designed to involve the Denton Housing Authority, the City of Denton, and others interested in the provision of safe, decent, and affordable housing. Option two would wait for Council review and decision on all Denton Housing Authority rezoning applications, and record the Council decisions as accepted constants within the framework of the Southeast Denton Small Area Plan. Staff was recommending Option One. Council Member Redmon stated that he would like to see more affordable housing in the area and make the area more walkable for the residents. He would like to have more minority businesses in the area. He did not want to focus on just one type of housing in the area and broaden the vision for the area. Consensus of the Council was to proceed with the schedule as proposed for the Plan. 3. The Council received a report, held a discussion and gave staff direction regarding the following annexation issue: TRIO Operating Company: the development of a natural gas field was proposed on approximately 104 acres generally located north of Jim Crystal Road, south of University and west of Masch Branch Road in the western section of the City of Denton Extraterritorial Jurisdiction (ET J). Doug Powell, Director of Planning and Development, stated that TRIP Operating Company was proposing to develop approximately 104 acres for natural gas. Staff was recommending annexation of the property to ensure that the proposed development was compatible with adjacent properties and that city standards and policies were maintained. Consensus of the Council was to proceed with the annexation. 4. The Council received a report and held a discussion concerning water and wastewater impact fees. 5 0 City of Denton City Council Minutes August 14, 2001 Page 3 Tim Fisher, Assistant Director of Water Utilities, stated that the Council had passed an impact fee ordinance in 1998 to fired water and wastewater treatment infrastructure that would be required as development occurred. The impact fees collected with this ordinance could only be used to fired capital construction costs for water and wastewater treatment facilities identified in the Impact Fee Capital Improvements Plan. Options for the Council to consider were to revise the current ordinance at this time to clarify intent and to facilitate implementation of the impact fee ordinance uniformly and with fewer exceptions or make revisions to the ordinance at the time the City needed to change the ordinance for the three year capital plan revisions or the incorporation of the Phase II impact fee that would be considered line impact fees. Staff was recommending revisions to the ordinance prior to ordinance revisions for the three year capital plan revisions or the Phase II impact fee revisions as noted in the agenda back-up materials. Council Member Phillips requested that staff look into an exemption for school districts from the impact fees. 5. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Burroughs motioned, Beasley seconded to authorize the Mayor to take action on the item authorized under the Executive Session. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 6. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Brock suggested a work session review of the bid process. B. Council Member Phillips requested a re-look at the recycling bids Following the completion of the Work Session, the Council convened into a Special Called Meeting to consider the following: 1. The Council considered approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 4, 2001, City Council Public meeting Agenda to adopt a 2001 tax rate that will exceed the lower of the rollback rate or 103 percent of the effective tax rate; calling a public hearing on a tax increase to be held on August 28, 2001; requiring publication of a Notice of Public Hearing on a tax increase in accordance with the law; and providing an effective date. Kathy DuBose, Assistant City Manager for Fiscal and Municipal Services, stated that municipalities were required to publish their rollback tax rates in the newspaper, along with the effective tax rate and other required schedules. Council was proposing to hold public discussions on two budget options. The first option would be to set the tax rate at $.54815 per $100 valuation. The second option would incorporate a tax rate of $.53815 per $100 valuation. Both of these proposals met the criteria required under state law for "Notice of Public Hearing on 351' City of Denton City Council Minutes August 14, 2001 Page 4 Tax Increase" and "Notice of Vote on Tax Rate". Any lesser rate could be considered without any requirement for additional notices and public heatings. The following resolution was considered: NO. R2001-045A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 4, 2001, CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2001 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR 103 PERCENT OF THE EFFECTIVE TAX RATE; CALLING A PUBLIC HEARING ON A TAX INCREASE TO BE HELD ON AUGUST 28, 2001; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, McNeill seconded to adopt the resolution. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 2. The Council considered nominations/appointments to the City's boards and commissions. Fulton motioned, Burroughs seconded to approve the nominations made at the prior meeting. Council made nominations to the remaining vacancies on the boards and commissions. Phillips motioned, Beasley seconded to suspend the rules and vote on the nominations at this meeting. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Phillips motioned, Burroughs seconded to approve the nominations made at this meeting. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 10:30 p.m. '~ITY S ~CCR~T-ARY CITY OF DENTON, TEXAS EULINE BROCK, MAYOR CITY OF DENTON, TEXAS 352 BOARDS/COMMISSION NOMINATIONS AIRPORT ADVISORY BOARD Dist Current Member Nomination Term Council Richard Franco 1 Hal Jackson 1999-01 Redmon Approved 7/17 2 Rick Woolfolk Larry Luce 1999-01 Fulton Approved 6/26 Don Smith 6 Don Smith Approved 7/31 1999-01 Burroughs Edward Adcock 4 Joe Roy Approved 7/31 2000-02 McNeill ANIMAL SHELTER ADVISORY COMMITTEE Dist Current Member Nomination Term Council Susan Weinkein 7 Bob Rohr 1999-01 Brock Approved 6/26 1 VACANT Trisha Barrington 2000-02 Redmon Approved 7/31 William Atkinson 3 Lynn Stucky Approved 8/7 1999-01 Phillips Jennifer Walters 4 Jennifer Walters 1999-01 McNeill Approved 6/26 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Dist Current Member Nomination Term Council Harry Bell 1999-01 Redmon 1 Harry Bell Approved 6/26 Pat Colonna 2 Pat Colonna 1999-01 Fulton Approved 8/7 Hank Dickenson 4 Diane Crew 1999-01 McNeill Approved 6/26 Peggy Fox 1999-01 Burroughs 6 Peggy Fox Approved 8/7 CONSTRUCTION ADVISORY & APPEALS BOARD Dist Specialty Current Member Nomination Term Council 1 General Contractor Bill Rcdrnon John Ryan 1999-01 Rcdrnon Don Richards 3 General Contractor Jay Thomas Approved 8/7 1999-01 Phillips Scott Richter 5 General Contractor Scott Richter Approved 7/17 1999-01 Beasley Rep. from electrical Jimmy Polozeck 6 industry Doug Grantham Approved 8/7 1999-01 Burroughs Rep. from 7 plumbing industry Frank Cunningham Frank Cunningham Approved 6/26 1999-01 Brock 3.5 3 DENTON HOUSING AUTHORITY Seat Current Member Nomination Term Council Rosemary Rodriguez 1999-01 Brock 7 Rosemary Rodriguez Approved 8/14 Katie Flemming 1999-01 Brock 7 Katie Flemming Approved 8/14 Mark Chew 7 Mark Chew 1999-01 Brock Approved 8/14 HISTORIC LANDMARK COMMISSION Dist Current Member Nomination Term Council Lanelle Blanton 2 Lanelle Blanton 1999-01 Fulton Approved 8/7 Bob Montgomery 1999-01 McNeill 4 Barry Vermillion Approved 7/31 Peggy Capps 1999-01 Beasley 5 Peggy Capps Approved 7/31 John Baines 6 John Baines 1999-01 Burroughs Approved 8/7 Mildred Hawk 1 Vacant 1999-01 Redmon Approved 7/31 3 Steve Johansson Ann Hatch 1999-01 Phillips HUMAN SERVICES ADVISORY COMMITTEE Dist Current Member Nomination Term Council Carol Bounds 1999-01 McNeilt 4 Audrey Bryant Approved 7/31 James McDade 5 James McDade 1999-01 Beasley Approved 7/31 1 Mae Nell Shephard Carl G. Young, Sr. 1999-01 Redmon Approved 8/7 3 Betty Tomboulian Betty Tomboulian 1999-01 Phillips Approved 7/31 Peggy Kelly 1999-01 Beasley 5 Peggy Kelly Approved 7/31 6 Kent Miller Caleb O'Rear 1999-01 Burroughs Approved 8/7 Elinor Hughes 1999-01 Brock 7 Elinor Hughes Approved 7/31 LIBRARY BOARD Dist Current Member Nomination Term Council Ken Ferstl 5 Ken Ferstl Approved 7/17 1999-01 Beasley Adrienne Non'is 6 Adrienne Norris Approved 7/31 1999-01 Burroughs 2 Carroll Trail Judy Deck 1999-01 Fulton 354 I I Approved6/26 I ] I PARKS RECREATION AND BEAUTIFICATION BOARD Dist Current Member Nomination Term Council Don Edwards 5 Don Edwards Approved 7/17 1999-01 Beasley Teresa Andress 6 Teresa Andress Approved 7,/31 1999-01 Burroughs Dalton Gregory 1999-01 Brock 7 Dalton Gregory Approved 6/26 Shalaura Logan 1999-01 Redmon 1 Gwendolyn Carter Approved 6/26 Geri Aschenbrenner 4 Vacant 2000-02 McNeill Approved 7/17 PLANNING AND ZONING COMMISSION Dist Current Member Nomination Term Council 4 Elizabeth Gourdie Susan Apple 1999-01 McNeill Approved 7/17 Joe Roy 1999-01 Brock 7 Susan Apple Approved 6/26 Bob Powell 1 Carl Williams 1999-01 Redmon Approved 7/31 Bill Keith 2 Rudy Moreno Approved 6/26 1999-01 Fulton PUBLIC UTILITIES BOARD Dist Current Member Nomination Term Council Charldean Newell 6 Charldean Newell Approved 7/31 1997-01 Burroughs 2 VACANT Bill Cheek, Jr. 1999-03 Fulton Approved 6/26 TMPA BOARD OF DIRECTORS Seat Current Member Nomination Term Council Perry McNeill 1999-01 ALL 0 Sandy Kristoferson Approved 7/17 TRAFFIC SAFETY COMMISSION Dist Current Member Nomination Term Council Robert Tankersley 3 Marshall Smith Approved 8/14 1999-01 Phillips 4 Michael Monticino Murray Ricks 1999-01 McNeill Approved 7/31 7 Pat Cheek Approved 6/26 ZONING BOARD OF ADJUSTMENT Dist Current Member Nomination Term Council Greg Muirhead 1999-01 Phillips 3 Greg Muirhead Approved 8/14 Marry Rivers 1999-01 Burroughs 6 ByronWoods Approved 8/7 7 John Johnson James Kirkpatrick 1999-01 Brock Approved 6/26 Tom Reece 1 Tom Reece 1999-01 Redmon Approved 6/26 Grant Jacobson 4 Jon Bergstrom Approved 6/26 1999-01 McNeill John Johnson 0 Grant Jacobson (Alt. l) Approved 8/14 1999-01 ALL 0 James Kirkpatrick (Alt. 2) David Gumfory 1999-01 ALL Approved 6/26 0 David Gumfory (Alt. 3) 1999-01 ALL 355