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Minutes June 04, 2002CITY OF DENTON CITY COUNCIL M1NUTES June 4, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 4, 2002 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the quarterly report on the Development Code. (SI02-0003) Doug Powell, Director of Planning and Development, stated that as part of the adoption of the Development Code, a quarterly report to Council was required. Back-up materials included activities to date, a table of Comprehensive Plan changes, issues identified by staff that needed to be addressed, comments from the public forum held by the Planning and Zoning Commission and documents presented from the public to be included in the quarterly report. Council Member McNeill felt that there were zoning map issues that still needed to be addressed. Council Member Fulton suggested a study on the NRMU and NRMU-12 designations and what categories were involved with those zoning districts. Council discussed the NRMU and NRMU-12 designations and the pros and cons of assigning conditions to the zoning categories. Consensus of the Council was to have the Planning and Zoning Commission review the policy issues and report back to Council. Added to study list would be the application of NR-1 and an in-depth study of NRMU and NRMU-12. 2. The Council considered appointments to City Council Committees. Council discussed the committees and made assignments as noted in Attachment A. 3. Staff responded to requests for clarification of Consent Agenda items listed on the Consent Agenda for the City Council regular meeting of June 4, 2002. Regular Meeting of the City of Denton City Council on Tuesday, June 4, 2002 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. City of Denton City Council Minutes June 4, 2002 Page 2 PROCLAMATIONS/PRESENTATIONS 2. Proclamations Mayor Brock presented a proclamation for National Hunger Awareness Week. 3. Recognition of staff accomplishments. City Manager Conduff presented staff accomplishments to the Council. CITIZEN REPORTS 4. Ross Melton regarding Code Enforcement and City Manager contacts. Mr. Melton stated Code Enforcement had again come to his mothers home with a warning regarding high weeds and trash on the site. He had a difference of opinion regarding what was trash and what was not trash. He did not see how the Code Enforcement officers could have viewed items in his backyard without trespassing on his property. 5. Dessie Goodson regarding"deceptiori'. Ms. Goodson felt that there had been deception regarding the 2000 bond election and the proposed water park. She questioned how the water park was going to be financed. CONSENT AGENDA Mayor Brock stated that Item #7 would be considered separately. Burroughs motioned, McNeill seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item #7. On roll vote, Burroughs"ayg', Fulton 'hyg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock"ayg'. Motion carried unanimously. 6. NO. 2002-164 AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND JOHN KRISTOFERSON AND PROVIDING AN EFFECTIVE DATE. NO. R2002-022 A RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED WITHIN ABSTRACT 616 OF THE S. C. HIRAM, TRACT 66, ACRES 0.150, OLD DCAD TRACT 29D BY THE CITY OF DENTON, TEXAS AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO TEXAS PROPERTY TAX CODE SECTION 34.05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENT AGAINST THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. City of Demon City Council Minutes June 4, 2002 Page 3 NO. 2002-165 AN ORDINANCE APPROVING AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR COMPLETION OF DESIGN AND CERTAIN CONSTRUCTION COMPONENTS FOR THE REPLACEMENT OF THE UNION PACIFIC RAILROAD BRIDGE OVER U.S. HIGHWAY 377 (FT. WORTH DRIVE); AND DECLARING AN EFFECTIVE DATE. 10. NO. 2002-166 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DUNKIN, SIMS, STOFFELS, INC. FOR DESIGN AND CONSTRUCTION DOCUMENTS FOR PARK AND ATHLETIC FIELD PARKING LOTS AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PSA 2861TO DUNKIN, SIMS, STOFFELS, INC. IN THE AMOUNT OF $109,190). 11 NO. 2002-167 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A BEST VALUE ANNUAL CONTRACT FOR COLLECTION SERVICES FOR MISCELLANEOUS ACCOUNTS RECEIVABLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFP 2768-COLLECTION SERVICES AWARDED TO CREDIT SYSTEMS INTERNATIONAL, INC.). 12. NO. 2002-168 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE CISCO HARDWARE FROM FORSYTHE SOLUTIONS GROUP, A QUALIFIED INFORMATION SERVICES VENDOR (QISV) OF THE STATE OF TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 104957 TO FORSYTHE SOLUTIONS GROUP, IN THE AMOUNT OF $375, 490). 13. NO. 2002-169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE INFORMIX DATABASE SOFTWARE LICENSING FROM IBM, A QUALIFIED INFORMATION SERVICES VENDOR (QISV) OF THE STATE OF TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 104958 TO IBM IN THE AMOUNT OF $150,000). City of Denton City Council Minutes June 4, 2002 Page 4 14. NO. 2002-170 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE A HIGH TECH MICROWAVE DATA SYSTEM DESIGNED FOR IMPROVED TRAFFIC SIGNAL CONTROL FROM CES NETWORK SERVICES, INC., A QUALIFIED INFORMATION SERVICES VENDOR (QISV) OF THE STATE OF TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 104959 TO CES NETWORK SERVICES, INC. IN THE AMOUNT OF $38,736.88). 15. NO. 2002-171 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A SKID STEER LOADER AND 4 WHEEL DRIVE TRACTOR; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2845 AWARDED TO CONLEY LOTT NICHOLS OF TEXAS, INC. FOR ITEM 1 IN THE AMOUNT OF $24,375.63 AND ZIMMERMAN KUBOTA FOR ITEM 2 IN THE AMOUNT OF $43,074.00 FOR A TOTAL EXPENDITURE OF $67,449.63). 16. NO. 2002-172 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF CONCRETE UTILITY POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2850-ANNUAL PRICE AGREEMENT FOR CONCRETE UTILITY POLES AWARDED TO LONESTAR PRESTRESS MANUFACTURING IN THE ESTIMATED AMOUNT OF $100,000). Item #7 was considered. This item was considered separately as a revised resolution was presented to Council. 7. NO. R2002-021 A RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED WITHIN 1184A H. CISCO SURVEY, TRACT 104-25, 2.611 ACRES, BY THE CITY OF DENTON, TEXAS AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO TEXAS PROPERTY TAX CODE SECTION 34.05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENT AGAINST THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Redmon motioned, Burroughs seconded to approve the resolution. On roll vote, Burroughs"ay6', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. City of Denton City Council Minutes June 4, 2002 Page 5 PUBLIC HEARING 17. The Council held a public hearing to consider a Specific Use Permit (SUP) for approximately 0.3 acres, commonly known as 1022 Stanley Street. The site was in a Neighborhood Residential 3 (NR-3) zoning district. The subject property was located on the east side of Stanley Street south of Crescent and north of Linden. A home-occupation barbershop was proposed. The Planning and Zoning Commission recommended denial (7-0). (Z02-0021) Doug Powell, Director of Planning and Development, reviewed the background information regarding the proposal. A specific use permit was required for the type of home use requested at the location. The request had been denied by the Planning and Zoning Commission and a supermajority vote by the council was needed. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Robert Lawson, 1022 Stanley Street, Denton, 76201-favor Bob McFarling, 915 Stanley, Denton, 76201 - opposed George Watkins, 1128 Stanley, Denton, 76201 - opposed Rebuttal from Mr. Lawson The following comment cards were submitted: Leta Lawson, 1022 Stanley, Denton, 76201-favor Kenneth Powell, 1106 Stanley, Denton, 76201-opposed The Mayor closed the public hearing. Phillips motioned, Burroughs seconded to deny the request for a specific use permit. On roll vote, Burroughs"ay6', Fulton"aye', McNeill "aye', Montgomery"aye', Phillips "ay6', Redmon"ay~', and Mayor Brock"ayg'. Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 18. New Business The following items of New Business were suggested by Council for future agendas: B. C. D. Council Member McNeill requested a work session discussion on demeanor and procedures for individuals addressing the council. Council Member Redmon asked for a discussion the procedures to dedicate public right-of-way to the city such as in the case of the Villas of Piney Creek. Council Member Fulton asked for a discussion regarding water conservation and watering regulations. Council Member Fulton asked for a discussion on mosquito abatement. City of Denton City Council Minutes June 4, 2002 Page 6 E. Council Member Redmon asked for information concerning sick birds relative to mosquitoes. 19. Items from the City Manager City Manager Conduff did not have any items for Council. 20. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 21. 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 7:50 p.m. EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY COUNCIL COMMITTEES 2002-03 AGENDA COMMITTEE Mayor Brock City Manager Conduff Mayor Pro Tem Burroughs Council Member Redmon AUDIT COMMITTEE Mayor Brock Council Member Phillips INVESTMENT POLICY COMMITTEE Mayor Brock Council Member Phillips LALOR FUND COMMITTEE Mayor Brock Council Member Council Member Council Member Phillips Redmon Montgomery COMMUNITY JUSTICE COUNCIL Council Member Redmon LAKE RAY ROBERTS P & Z Council Member Montgomery CONVENTION & VISITORS BUREAU Council Member Montgomery Council Member Fulton JOINT TAX ABATEMENT COMMITTEE Council Member Phillips Council Member McNeill ENVIRONMENTAL COMMITTEE Council Member Fulton Council Member Phillips Mayor Brock DALLAS REGIONAL MOBILITY COALITION Mayor Pro Tem Burroughs REGIONAL TRANSPORTATION COUNCIL Mayor Pro Tem Burroughs COUNCIL MOBILITY COMMITTEE Mayor Pro Tem Burroughs Council Member Montgomery Council Member McNeill Mayor Brock