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MInutes September 04, 2001382 CITY OF DENTON CITY COUNCIL MINUTES September 4, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, September 4, 2001, at 5:15 p.m. in the City of Denton Council Work Session Room 1. The Council considered the following in Closed Meeting: Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072. (1) Deliberated the purchase and value of real property, located in the J. Cheek Survey, Abstract No. 227 and the H. Williams Survey, Abstract No. 1417 and being a .568 acre tract and a 0.354 acre tract along Sherman Drive, approximately 3,600 feet south of the intersection of Clear Creek and Sheiman Drive, north side of road, within the City and County of Denton, Texas; which acquisition was for a public purpose. (Ray Roberts Water Line) Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. (1) Discussed and considered strategy, status, and possible settlement of litigation with the City's attorneys in litigation styled City of Denton v. V? V~ater Supply System, Inc., Cause No. 2000-10233-16, currently pending th in the 367 District Court of Denton County, Texas, and discussed legal issues concerning this litigation with the attorneys, where to discuss these matters in public 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. Regular Meeting of the City of Denton City Council on Tuesday, September 4, 2001 at 6:00 p.m. in the Council Chambers at 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. PRESENTATIONS o Mayor Brock presented the following proclamations: A. Constitution Week B. Prostate Cancer Awareness Month 3. Resolution of Appreciation A. The Council considered approval of a resolution of appreciation for Gary Matheson. City of Denton City Council Minutes September 4, 2001 Page 2 Beasley motioned, Burroughs seconded to approve the resolution. Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 4. City Manager Conduff recognized staff accomplishments. CITIZEN REPORTS 5. Nell Yeldell regarding the property at 516 and 518 Prairie. On roll vote, Beasley "aye", 6. Ross Melton, Jr. regarding budget, utility bills and volunteering. Mr. Melton reviewed his concerns regarding utility bills, recycling and volunteering. 7. Tom Atkins regarding the City's health insurance. Mr. Atkins again brought up his concerns about the purchasing of the City's health insurance for employees and his feeling that he could do a better job at a cheaper cost. CONSENT AGENDA Council Member Fulton asked to pull Item #34, Council Member Redmon asked to pull Items #22 and #23, Council Member Phillips asked to pull Items #37, #43, #44, and #45. Assistant City Manager DuBose stated that Item #46 would also have to be pulled as Item #43 had been pulled and Item #46 was associated with Item #43. Burroughs motioned, McNeill seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of the noted pulled items. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 8. Approved the minutes of August 3, 2001. 9. Approved a tax refund to Don and Rose Knotts in the mount of $706.10. property tax was paid twice. 10. 11. The 1998 Approved a tax refund to Thomas F. Cudd in the amount of $509.68. The 2000 property tax was overpaid. Approved a tax refund to James M. Beaver in the amount of $1,010.98. The 2000 property tax was paid twice. 38,3 Ms. Yeldell stated that she had drainage problems at her home due to the concrete company next to her home. She had previously asked for help from the Council but had no results to date. She was still having a problem with the addressing of her property on Prairie Street. 4City of Denton City Council Minutes September 4, 2001 Page 3 12. Approved a tax refund to Malone Mortgage Company in the amount of $845.37. The 2000 property tax was paid twice. 13. Approved a tax refund to Scioto Prop LLC in the amount of $578.89. The 2000 property tax was paid twice. 14. Approved a tax refund to James E. Kelly in the amount of $592.46. The 2000 property tax was paid twice. 15. NO. 2001-307 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A RESTROOM AND CONCESSION STAND FACILITY AT NORTH LAKES PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2690 - NORTH LAKES SOCCER RESTROOM/CONCESSION BLDG, AWARDED TO SENECA CONSTRUCTION INC., IN THE AMOUNT OF $339,275). 16. NO. 2001-308 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF A RAW WATER PUMP IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (PO - 16777 TO BRANDON & CLARK, INC., IN THE AMOUNT OF $56,161.56). 17. NO. 2001-309 AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 29' MEDIUM DUTY TRANSIT BUS; PROVDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE (BD 2702 - 29' MEDIUM DUTY TRANSIT BUS AWARDED TO LASSETER BUS COMPANY INC., IN THE AMOUNT OF $169,164). 18. NO. 2001~310 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF CONCRETE STREETLIGHT POLES AND ARMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2712 - CONCRETE STREETLIGHT POLES AND ARMS ANNUAL AGREEMENT AWARDED TO CPI CONCRETE PRODUCTS INC., IN THE ESTIMATED AMOUNT OF $20,000). City of Denton City Council Minutes September 4, 2001 Page 4 38:5 19. NO. 2001-311 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRAILER MOUNTED SEWER CLEANING MACHINE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2715 - TRAIl.ER MOUNTED SEWER CLEANING MACHINE AWARDED TO NEZAT TRAINING AND CONSULTING IN THE AMOUNT OF $80,000). 20. NO. 2001-312 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MANHOLE LINING EPOXY COATING MATERIALS WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PO 16573 - RAVEN LINING SYSTEMS, INC., IN THE AMOUNT OF $46,109). 21. NO. 2001-313 AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAS BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY; AND PROVIDING FOR AN EFFECTIVE DATE. 24. NO. 2001-316 AN ORDINANCE TO AMEND THE FEE SCHEDULE TO ADD PROVISIONS FOR GAS WELL DEVELOPMENT PLATS. THE PLANNING AND ZONING COMMISSION VOTED (7-0) TO AMEND THE FEE SCHEDULE. (SI01-0011) 25. NO. 2001-317 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.568 ACRE TRACT OR PARCEL OF LAND FOR PUBLIC UTILITY EASEMENT PURPOSES AND AN APPROXIMATE 0.354 ACRE TRACT OR PARCEL OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES, SAID PROPERTY BEING LOCATED IN J. CHEEK SURVEY, ABSTRACT NO. 227 AND THE H. WILLIAM SURVEY, ABSTRACT NO. 1417, DENTON COUNTY TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY 386 City of Denton City Council Minutes September 4, 2001 Page 5 ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF PUBLIC UTILITIES AND INSTALLATION; DECLARING AN EFFECTIVE DATE. 26. Service Center #1 Addition. The 1.8 acre site was generally located on the northwest comer of Willis Street and Ruddell Street. The property was in a One-Family Dwelling (SF-7) zoning district. The City of Denton was proposing expansion of the Service Center. Approved a variance of Section 34-114 (5) of the City of Denton Code of Ordinances concerning perimeter paving. The Planning and Zoning Commission recommended approval (6-0). (V01-0018) Approved a variance of Section 34-114 (17) of the City of Denton Code of Ordinances concerning sidewalks. The Planning and Zoning Commission recommended approval (6-0). (V01-0019) 27. NO. 2001-318 AN ORDINANCE APPROVING A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM, WHICH RELEASES EXTRATERRITORIAL JURISDICTION IN CERTAIN REAL PROPERTY AND ESTABLISHES A FUTURE BOUNDARY BETWEEN THE TWO CITIES; AND PROVIDING AN EFFECTIVE DATE. 28. NO. 2001-319 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO LANDSCAPE COST SHARING ALONG US 77 AND US 377 FROM OAK STREET TO HICKORY STREET; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 29. NO. 2001-320 AN ORDINANCE AUTHORIZING SETTLEMENT OF LITIGATION STYLED THE STATE OF TEXAS AND THE CITY OF DENTON V. KOSHROW' SADEGHIAN, CAUSE NO. ED-2001-00356 CURRENTLY PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT UNDER THE TERMS SET FORTH IN THE ATTACHED AGREED JUDGMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO EFFECT THE SETTLEMENT IN AN AMOUNT NOT TO EXCEED THE $79,000.00 PREVIOUSLY DEPOSITED INTO THE REGISTRY OF THE PROBATE COURT. City of Denton City Council Minutes September 4, 2001 Page 6 (Items 30-46 were items that support the proposed 2001-2002 budget and had been previously considered in budget work sessions) 30. NO. 2001-321 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES AGREEMENT WITH BARBARA T. MCCALL ASSOCIATES, INC. TO PROVIDE CERTAIN INFORMATION AND SERVICES WITH REGARD TO LEGISLATION OF INTEREST TO THE CITY. 387 31. NO. 2001-322 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS STATE FAIR ASSOCIATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. 32. NO. 2001-323 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTWE DATE. 33. NO. 2001-324 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION AND VISITORS BUREAU) FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. 35. NO. 2001-326 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE BAYLESS-SELBY HOUSE MUSEUM; AND PROVIDING AN EFFECTIVE DATE. 36. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE FOLLOWING HOTEL OCCUPANCY TAX FUND RECIPIENTS FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE AND PROVIDING AN EFFECTIVE DATE. a) NO. 2001-327 b) NO. 2001-328 c) NO. 2001-329 d) NO. 2001-330 e) NO. 2001-331 f) NO. 2001-332 Denton Holiday Festival Denton Black Chamber of Commerce Denton Festival Foundation Denton Kiwanis Club Tejas Storytelling Association Denton Community Theatre 3 18 8 City of Denton City Council Minutes September 4, 2001 Page 7 38. 39. 40. NO. 2001-334 AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 2000-294 FOR WATER SERVICE AND WATER RATES; DELETING THE INTRAGOVERNMENTAL SALES OF UNTREATED WATER SCHEDULE (SCHEDULE WGU); AMENDING THE WHOLESALE RAW WATER SERVICE RATE TO UPPER TRINITY REGIONAL WATER DISTRICT (SCHEDULE WRW); AMENDING THE WATER METER RELOCATIONS FEE AND CREATING A NEW SECTION ENTITLED "WATER LINE TAPS" (SCHEDULE OF WATER TAP AND METER FEES); ADDING A NEW RATE SCHEDULE ENTITLED FIRE HYDRANT INSTALLATION; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 2001-335 AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO. 2000-295 FOR WASTEWATER SERVICE; AMENDING THE PROVISIONS OF THE SCHEDULE RESPECTING SALE OF TREATED WASTEWATER EFFLUENT (SCHEDULE SGE); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 2001-336 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND TAXPAYERS CONTAINED IN ORDINANCE NO. 2000-296; AMENDING THE NAME OF THE ACCOUNT CONNECTION AND RECONNECTION FEES TO THE ACCOUNT CONNECTION AND RECONNECTION CHARGES; AMENDING THE NAME OF THE ELECTRIC METER INSTALLATION FEE TO THE ELECTRIC METER INSTALLATION CHARGE; AMENDING THE NAME OF THE ELECTRIC AND WATER METER RECONNECTION FEE TO THE ELECTRIC AND WATER METER CONNECTION CHARGE; AMENDING THE DELINQUENT SERVICE FEE TO THE DELINQUENT SERVICE CHARGE; AMENDING THE METER READING AND TEST FEES TO THE METER READING AND TEST CHARGES; AMENDING THE NAME OF THE INSUFFICIENT FUND CHECK CHARGE TO THE RETURNED PAYMENT CHARGE; AMENDING THE APPLICATION OF AND THE INTEREST RATE TO THE SERVICE DEPOSITS PROVISION; WHOLLY DELETING THE CREDIT CARD SERVICE FEE; ADDING A CREDIT REPORT CHARGE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes September 4, 2001 Page 8 3 8 9 41. NO. 2001-337 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AIvlENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2000-298 FOR ELECTRIC SERVICE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 42. NO. 2001-338 AN ORDINANCE AMENDING ORDINANCE NO. 2000-461 TO INCREASE THE ANIMAL EUTHANASIA FEE TO THIRTY DOLLARS ($30.00) PER ANIMAL AND TO PROVIDE A RABIES DIAGNOSTIC TESTING FEE OF SEVENTY DOLLARS ($70.00) PURSUANT TO CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Council considered Item #22. Council Member Redmon expressed a concern regarding the target the program was trying to achieve with this ordinance and who it was trying to help. He felt cosmetic renovations had been done in the past but not upgrades to plumbing and electrical items that were necessary. Barbara Ross, Community Development Administrator, stated that under current regulations, the structure had to come up to code and that the dollar limits were based on square footage. The following ordinance was considered: NO. 2001-314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME IMPROVEMENT AND OPTIONAL ~CONSTRUCTION PROGRAMS AND ELIGIBILITY CRITERIA FOR THE 2001 GRANT YEAR; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Redmon seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. Council considered Item #23. Council Member Redmon questioned the number of individuals who were helped with this program. 3 9 0c~t of De · y nton City Council Minutes September 4, 2001 Page 9 Barbara Ross, Community Development Administrator, stated that the program had assisted at least 60 individuals to purchase homes. There was a requirement that the homes be up to code· The following ordinance was considered: NO. 2001-315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEBUYER ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Council considered Item #34. Council Member Fulton questioned whether the Courthouse-on-the-Square Museum was fully funded by the County and why funds were not provided for the other county museum. Diana Ortiz, Director of Fiscal Operations, stated that the City partnered with the County to support this program. NO. 2001-325 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE COURTHOUSE-ON-THE SQUARE MUSEUM; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "nay", Redmon "aye", and Mayor Brock "aye". Motion carded with a 5-2 vote. Council considered Item #37. Council Member Fulton stated that she would like to encourage commercial customers to recycle and questioned if some type of credit could be given commercial customers who showed proof that they were recycling. Vance Kemler, Director of Solid Waste, stated that staff would be looking at that type of proposal when the City rebid the recycling program. Council Member Phillips asked for a justification for increase in residential service. City of Denton City Council Minutes September 4, 2001 Page 10 39 1 Kemler stated that it was to equalize the disparity between commercial and residential rates. Currently the commemial customers were subsidizing the residential customers in rates. Joyce Poole, 3021 Bonnie Brae, Denton, 76207, spoke regarding the issue. The following ordinance was considered: NO. 2001-333 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLD WASTE SERVICE CONTAINED IN ORDINANCE NUMBER 2000-297 AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, 26-8(A), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLD WASTE SERVICE; AMENDING THE CHARGES FOR RESIDENTIAL SERVICE; INCREASING SERVICE CHARGES FOR COMMERCIAL SIDE LOAD CONTAINER SERVICE; AMENDING THE CHARGES FOR TEMPORARY CONTAINER SERVICE; AMENDING THE CHARGES FOR CONTAINER EXTRA SERVICE; PROVIDING FOR .50 CUBIC YARD AND .33 CUBIC YARD CONTAINER SERVICE; AMENDING THE CHARGES FOR CONTAINER DELIVERY, RELOCATION, AND INACCESSIBLE CONTAINERS; AMENDING THE CITY OF DENTON CHARGES FOR THE STATE OF TEXAS DISPOSAL FEE; NOTIFYING CITIZENS THAT ALL LANDFILL PERMITS ISSUED IN PRIOR YEARS HAVE EXPIRED; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "nay", Redmon "aye", and Mayor Brock "aye". Motion carried with a 5-2 vote. Council considered Item #43. Council Member Phillips stated that he objected to the budget and the tax increase to accelerate the CIP projects that he felt were unnecessary. He did not agree with the tax and spend philosophy of this Council and the previous Council. Council Member Fulton stated that the budget was basically in place before the current Council took office. She was not happy with the budget but had to go with it this year. Council Member Redmon read a letter from the Boys and Girls Club regarding non-funding of the Fred Moore program for next year. He indicated that he was not happy with the budget for this year. 3 9,2' City of Denton City Council Minutes September 4, 2001 Page 11 Council Member McNeill stated that the citizens did vote to accelerate the bond program and the associated costs for acceleration. Council had to either cut $700,000 out of the budget or increase the tax rate by 2 cents. Council Member Burroughs stated that this budget dealt with the CIP projects that the citizens had approved in prior years. It was an acceleration of the projects that was different from other years. The citizens had approved that acceleration and Council needed to abide by that direction. Mayor Brock reviewed the history of the CIP projects and resulting tax rate. NO. 2001-339 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNeilt "aye", Phillips "nay", Redmon "nay", and Mayor Brock "aye". Motion carried with a 4-3 vote. Council Member Redmon left the meeting. Council considered Item #44. Phillips motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Mayor Brock "aye". Motion carried unanimously. NO. R2001-047 A RESOLUTION ADOPTING THE FIRST YEAR OF THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION AND PUBLIC UTILITIES BOARD; AND PROVIDING AN EFFECTIVE DATE. Council considered Item #45. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNeill "aye", Phillips "nay", Redmon "nay", and Mayor Brock "aye". Motion carried with a 4-3 vote. NO. 2001-340 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 2001, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2001, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON 393 City of Denton City Council Minutes September 4, 2001 Page 12 OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Council considered Item #46. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "nay", and Mayor Brock "aye". Motion carried with a 6-1 vote. NO. 2001-341 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE 2001 TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 47. The Council held a public heating and considered adoption of an ordinance approving a Specific Use Permit (SUP) on approximately 239 acres generally located south of Highway 380, east of S. Nail Road and north of Jim Christal Road. The property was in an Agricultural (A) zoning district. Drilling, installation and the operation of wells for the extraction of natural gas were proposed. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z01-0025) Larry Reichhart, Assistant Director of Planning and Development, stated that conditions were imposed by the Planning and Zoning Commission relating to noise and lighting. The Mayor opened the public heating. The following individuals spoke during the public heating: Carl Young, 321 E. Mill, Denton, 76205 - favor Mitchell Engineering Company - favor The Mayor closed the public heating. The following ordinance was considered: NO. 2001-342 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR THE DRILLING, INSTALLATION, AND THE OPERATION OF WELLS FOR THE EXTRACTION OF NATURAL GAS ON APPROXIMATELY 239 ACRES OF LAND GENERALLY LOCATED SOUTH OF HIGHWAY 380, EAST OF S. NAIL ROAD, AND NORTH OF JIM CHRISTAL ROAD, WITHIN AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMLrM AMOUNT OF 3, 9~ 4'city of Denton City Council Minutes September 4, 2001 Page 13 $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (Z-01-0025) Beasley motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 48. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 4.3 acres, commonly known as 500 and 617 Newton Street and generally located east of Ruddell Street approximately 300 feet north of the intersection of Ruddell Street and Wilson Street, from Single-Family-7 (SF-7) zoning district to Planned Development (PD) zoning district allowing multi-family uses and providing a Concept Plan for that purpose. Multi-family housing was proposed. The Planning and Zoning Commission recommended approval (4-3). (ZOl-O021) Larry Reichhart, Assistant Director for Planning and Development, stated that the site was adjacent to the Phoenix Apartments. The Denton Plan identified the area as infill compatibility. A supermajority vote was required due to opposition of over 20% by the adjoining property owners. The Mayor opened the public heating. The following individuals spoke during the public heating: John C. Gay, 500 Newton Street, Denton, 76205 - favor Carl Young, 321 E. Mill, Denton, 76205 - favor Gerard Hudspeth, Newton Street, Denton, 76205 - opposed Willie Hudspeth, 623 Newton Street, 76205 - opposed The Mayor closed the public heating. Mayor motioned, Beasley seconded to deny the rezoning. Redmon motioned, McNeill seconded to table the request until the September 18th meeting in order to receive more information from the DISD as to their opposition to the proposal. On roll vote, Beasley "nay", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion carried with a 5-2 vote. 49. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 0.2 acres, commonly known as 315 Sycamore Street and generally located south of Sycamore Street approximately 350 feet east of the intersection of Carroll Boulevard and Sycamore Street, from Multi-Family-1 (MF-1) zoning district to Planned Development (PD) zoning district allowing residential and commercial uses and providing a Detailed Plan for that purpose. A jewelry/handcrafts store was proposed. The Planning and Zoning Commission recommended approval (6-1). (Z01-0024) 395 City of Denton City Council Minutes September 4, 2001 Page 14 Larry Reichhart, Assistant Director for Planning and Development, stated that the detailed plan indicated 500 square feet within the existing structure that would be used for a jewelry handcraft store. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public haring. The following ordinance was considered: NO. 2001-343 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM MULTI-FAMILY-1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ALLOWING RESIDENTIAL AND JEWELRY/HANDCRAFTS SHOP USES FOR APPROXIMATELY 0.2 ACRES OF LAND COMMONLY KNOWN AS 315 WEST SYCAMORE STREET GENERALLY LOCATED 350 FEET EAST OF THE INTERSECTION OF CARROLL BOULEVARD AND SYCAMORE STREET LEGALLY DESCRIBED AS PART OF LOT 3 AND ALL OF LOT 4 OF THE STROUD ADDITION; PROVIDING A CONCEPT PLAN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-01-0024) Beasley motioned, Burroughs seconded to adopt the ordinance with the conditions recommended by the Planning and Zoning Commission. On roll vote, Beastey "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 50. The Council held the first of two public hearings to consider the involuntary annexation and service plan for approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380, in the extraterritorial jurisdiction (ETJ) of the City of Denton. (Masch Branch Road Asphalt Plant, A01-0004) Larry Reichhart, Assistant Director for Planning and Development, stated that this was an involuntary annexation for an area where an asphalt batch plant had been proposed. The following individual spoke during the public hearing: Patricia Adams - opposed The Mayor closed the public hearing. 3 9 6City of Denton City Council Minutes September 4, 2001 Page 15 Council Member Burroughs suggested working on an agreement in lieu of annexation that would eliminate the possibility of a batch plant. Consensus of Council was to continue with the annexation schedule but look at possibility of an agreement in lieu of annexation to eliminate the possibility of a batch plant. 51. The Council held the first of two public hearings to consider the voluntary annexation and service plan for approximately 2,226 acres of land generally located south of FM 2449, west of 1-35 West, north of Robson Ranch Road and partially east of the Robson Ranch Development and John Paine Road in the extraterritorial jurisdiction (ETJ) of the City of Denton. (Hunter Ranch, A01-0005) Larry Reichhart, Assistant Director of Planning and Development, stated that this was a voluntary annexation that changed after an initial involuntary annexation. Two properties that had been included in the involuntary annexation were not included in voluntary annexation. The Mayor opened the public hearing. Misty Ventura, Hughes and Luce, Dallas, 76201 - favor The Mayor closed the public hearing. No action was required on this item at this time. ITEMS FOR INDIVIDUAL CONSIDERATION 52. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, approving the guidelines for the Rental Rehabilitation Program and eligibility criteria; authorizing expenditures in excess of $15,000 for projects meeting the program guidelines and criteria; and providing for an effective date. Council Member Redmon left the meeting with a potential conflict of interest. The following ordinance was considered: NO. 2001-344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING THE PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Mayor Brock "aye". Motion carried unanimously. Council Member Redmon returned to the meeting. City of Denton City Council Minutes September 4, 2001 Page 16 397 53. The Council reconsidered the adoption of Ordinance 2001-303 amending the Interim Residential Regulations, Ordinance 2000-046, amended by Ordinance 2000-178, for the primary purpose of adopting revisions to the size threshold for development exemptions. (SI01-0012) Burroughs motioned, Fulton seconded to reconsider Ordinance 2001-303 for the purpose of reducing the size threshold from 50 acres to 25 acres. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "nay", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion can/ed with a 6-1 vote. The following ordinance was considered: NO. 2001-345 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUPERCEDING ORDINANCE NO. 2001-303 AMENDING ORDINANCE NOS. 2000-046 AND 2000- 178 COMMONLY CALLED THE "RESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. Burroughs motioned, Fulton seconded to reduce the site threshold from 50 acres to 25 acres. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 54. Announcement and notice of annual TMPA meeting. Council Member McNeill, remind Council of the annual TMPA meeting to be held September 13th at the Radisson Hotel in Denton. 55. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member McNeill requested a work session discussion on suggested proposals for conducting public hearings. B. Council Member Fulton requested a discussion on a possible resolution by the Council to encourage ethics in campaigning. C. Council Member McNeill requested an item for replacements on two city council committees. D. Council Member McNeill requested a work session discussion on where TXU pipelines were located. E. Council Member Phillips requested an RFP as soon as possible for the curbside recycling bid. 39:8 City of Denton City Council Minutes September 4, 2001 Page 17 F. Council Member Redmon requested a work session discussion regarding the status of city staff assisting outside community meetings. G. Council Member Burroughs asked that the work session item regarding the bid procedure include a discussion on the points made by Mr. Atkins relative to health insurance bidding. H. Mayor Brock suggested that the discussion on the bid procedures be held before the discussion on the recycling bid process. 56. City Manager Conduff did not have any items for the Council. 57. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 58. The following official action was taken on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Burroughs motioned, Beasley seconded to approve the action recommended in Executive Session relative to the City of Denton vs. VV Water Supply System, Inc. 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 10:06 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS