Minutes August 06, 2002CITY OF DENTON CITY COUNCIL M1NUTES
August 6, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, August 6, 2002 at 4:30 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 discussed and gave staff direction on legislative resolutions concerning land
use and development, general government, taxation and finance to present to the TML Annual
Conference.
Dottie Palumbo, Assistant City Attorney, presented three items for Council consideration. The
first two resolutions were prepare to present to TML at the October meeting. The third issue was
being reviewed by the TML legislative policy committee. Staff needed direction on how much
to be involved with the last issue.
Consensus of Council was to proceed as recommended, limiting the entities involved to counties,
municipalities, and school districts and to partner with other cities as much as possible.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the City Council regular meeting of August 6, 2002.
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the items listed below.
1. The following was considered in Closed Meeting:
A. Consultation with Attorney - Under Tex. Gov't Code Section 551.071.
Discussed and considered potential litigation concerning the Federal
Communications Commission's ruling in FCC 02-77, GN Docket No. 00-
185, CS Docket No. 02-52 that ruled cable modem service was an
"information service" and not a "cable modem service" and discussed
legal issues concerning this administrative proceeding 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.
Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
Under TEX. GOVT. CODE Section 551.086.
Received competitive electric and commercial information from one of the
City's Texas Municipal Power Agency (TMP~')Board Members and/or
City Staff pertaining to certain matters respecting present and future
maintenance issues, financial issues, operational issues, legal and
compliance issues, and other related issues and strategies concerning the
City's interest in, and its business relationship with TMPA; and discuss,
City of Denton City Council Minutes
August 6, 2002
Page 2
deliberate, consider, and provide such TMPA Board Member and/or Staff
with direction regarding such matters.
Deliberations regarding personnel matters- Under TEXAS GOVERNMENT
CODE Section 551.074
Deliberated and discussed the appointment and the duties of public
officers to the Planning and Zoning Commission, Board of Adjustment,
and any other board or commission of the City of Denton, Texas
exercising discretionary powers as opposed to purely advisory powers.
Regular Meeting of the City of Denton City Council on Tuesday, August 6, 2002 at 6:30 p.m. in
the Council Chambers at City Hall.
1. Pledge of Allegiance
Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
PROCLAMATIONS/PRESENTATIONS
Mayor Brock presented proclamations for:
A. Commute Solutions Month
B. Alfred F. Hurley Week
3. City Manager Conduff presented Council with staff accomplishments.
CITIZEN REPORTS
4. Carolyn Phillips regarding homeownership and preserving the African-American heritage
in southeast Denton.
Ms. Phillips stated her organization was concerned about homeownership for African-Americans
in southeast Denton. African-Americans were not qualifying for homeownership and she felt
that one of the reasons was the issue of credit. She had provided the Council with a summary of
her concerns.
5. Dessie Goodson regarding the City of Dentoffs Public Transportation funding sources.
Ms. Goodson stated she had asked for a public hearing on the proposed funding source for public
transportation. She was told that a public hearing would not be held and that all funding would
be used for operational uses. She felt that was not true and questioned the process.
6. Ross Melton regarding the lawsuit of Ross Melton vs. the City of Denton, Code
Enforcement, and the lawyers.
Mr. Melton again spoke on his lawsuit against the city regarding Code Enforcement and his
problems with the city attorneys.
City of Denton City Council Minutes
August 6, 2002
Page 3
CONSENT AGENDA
Mayor Brock stated that Item #15, Sections D, I, and M would be pulled for separate
consideration.
Burroughs motioned, Redmon seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item #15, Sections D. I and M. On roll vote,
Burroughs"aye', Fulton"aye', McNeill"ay~', Montgomery"aye', Phillips"aye', Redmon"ay~', and Mayor
Brock"ayg'. Motion carried unanimously.
7. NO. 2002-239
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE
ORDER NUMBER NINETEEN TO THE CONTRACT BETWEEN THE CITY OF
DENTON AND TRI DAL LTD.; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2625-DOWNTOWN
IMPROVEMENTS PROJECT CHANGE ORDER NINETEEN IN THE AMOUNT OF
$74,280).
NO. 2002-240
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE
ORDER NUMBER TWO TO THE CONTRACT BETWEEN THE CITY OF DENTON
AND TIM BEATTY BUILDERS, INC.; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2749-NEW
CENTRAL FIRE STATION CHANGE ORDER TWO IN THE AMOUNT OF $68,286).
NO. 2002-241
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTH LAKES PARK
PLAYGROUND IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2865 -
NORTH LAKES PARK PLAYGROUND IMPROVEMENTS AWARDED TO
SIMMONS BUILDERS, INC. IN THE AMOUNT OF $145,139).
10.
NO. 2002-242
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE SPENCER SWITCH
STATION STEEL STRUCTURE AND EQUIPMENT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2868 - SPENCER SWITCH STRUCTURE AND EQUIPMENT
AWARDED TO ERNEST P. BREAUX ELECTRICAL, INC. IN AN AMOUNT NOT
TO EXCEED $134,000).
City of Denton City Council Minutes
August 6, 2002
Page 4
11
NO. 2002-243
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TYPE 3 TRANSIT BUSES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 2867-TRANSIT BUSES AWARDED TO NATIONAL BUS
SALES IN THE AMOUNT OF $133,334).
12. NO. R2002-030
A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF
THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE.
13. Approved a tax refund for the following property taxes:
Tax
Name Reason Year Amount
A ~ ~ ~e~i~d~ DP~iat¢ nt !
14.
NO. 2002-244
AN ORDINANCE AMENDING, REPEALING, AND REPLACING ORDINANCE NO.
2000-214 OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE
CHARGED FOR EMERGENCY AMBULANCE SERVICES AND STANDBY
EMERGENCY AMBULANCE SERVICES IN THE CITY AS PROVIDED FOR IN
SEC. 207-102 OF ARTICLE IV OF CHAPTER 27 "VEHICLES FOR HIRE" OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
15.
Approved appointments to the following boards and commissions based on the list
submitted in the back-up materials:
B.
C.
E.
F.
G.
H.
J.
K.
L.
Airport Advisory Board
Animal Shelter Advisory Board
Community Development Advisory Committee
Historic Landmark Commission
Human Services Advisory Committee
Library Board
Parks, Recreation and Beautification Board
Public Utilities Board
TMPA
Traffic Safety Commission
16.
NO. 2002-245
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A PARTIAL
RELEASE OF COVENANTS AND RESTRICTIONS, TOGETHER WITH ANY AND
City of Denton City Council Minutes
August 6, 2002
Page 5
ALL ADDITIONAL DOCUMENTS AS IS APPROPRIATE AND AS DEEMED
NECESSARY BY THE CITY ATTORNEY, EVIDENCING THE PARTIAL
RELEASE, SOLELY BY THE CITY OF DENTON, TEXAS, OF THOSE CERTAIN
COVENANTS AND RESTRICTIONS THAT RUN WITH THE LAND AND BURDEN
THAT CERTAIN REAL PROPERTY CONVEYED BY THE CITY, ONLY, BY
SPECIAL WARRANTY DEED, DATED JANUARY 15, 1988 UNTO FLOW
REGIONAL MEDICAL CENTER, INC.; AND PROVIDING AN EFFECTIVE DATE.
Council considered Item #15, Sections D, I, and M.
Council Member Fulton nominated Larry Calvert to the Construction Advisory and Appeals
Board; Cliff Reding to the Zoning Board of Adjustment and George Watkins to the Planning and
Zoning Commission.
Phillips motioned, Fulton seconded to suspend the Council rules and vote on the above
nominations at this meeting.
Following discussion, Phillips and Fulton withdrew the motion and second.
Fulton motioned, Phillips seconded to approve the nominations listed in the backup materials for
Item #15, Section D, I and M excluding the nominations made at this meeting. On roll vote,
Burroughs"ay6', Fulton"ayg', McNeill"ayg', Montgomery"na33', Phillips"ay6', Redmon"ayg', and Mayor
Brock"na33'. Motion carried with a 5-2 vote.
PUBLIC HEARINGS
17. The Council held a public hearing inviting citizens to comment on the proposed usage of
the 2002 Local Law Enforcement Block Grant funding.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
18. The Council held a public hearing to consider adoption of an ordinance creating a Special
Sign District on approximately 54 acres of land in a Regional Center Commercial Downtown
(RCC-D) zoning district. The site was located at the southwest corner of Loop 288 and Brinker
Road intersection. The proposal was to create a Special Sign District for the entire tract that
includes six lots. The Planning and Zoning Commission recommended approval (4-1). (SD02-
0002, Denton Crossing)
Larry Reichhart, Assistant Director for Planning and Development, presented the details of the
proposal.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
City of Denton City Council Minutes
August 6, 2002
Page 6
Kevin Caldwell, applicant-favor
Alan Buscell-favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-246
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY
DISTRICT (SD-2) AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN
APPROXIMATE 54.13 ACRES OF LAND LOCATED AT THE SOUTHWEST
CORNER OF LOOP 288 AND SPENCER ROAD IN THE CITY OF DENTON,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Phillips motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton
'~g', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock"ayg'. Motion
carried unanimously.
19. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 37.5 acres from a Neighborhood Residential 3 (NR-3) zoning district to a
Neighborhood Residential Mixed Use (NRMU) zoning district. The site was generally located to
the east of Nottingham Drive, south of University Drive and north of Mingo Road. A church
sanctuary and educational facility were proposed. The Planning and Zoning Commission
recommended approval (6-0). (Z02-0022, Denton Bible Church)
Larry Reichhart, Assistant Director of Planning and Development, presented the details of the
proposal. The church would like the rezoning to allow for a high school on the site.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Jerry Falbo, applicant, favor
Bob Ralph, 1717 West Oak, Denton, 76201 - neutral
Miller Davidge, 101 S. Locust, Denton, 76201 - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-247
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR APPROXIMATELY 40.8 ACRES OF LAND LOCATED
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August 6, 2002
Page 7
TO THE EAST OF NOTTINGHAM DRIVE, SOUTH OF UNIVERSITY DRIVE AND
NORTH OF M1NGO ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATION THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0022)
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs"ayd',
Fulton "ayd', McNeill "ayd', Montgomery "ayd', Phillips "ayd', Redmon "ayg', and Mayor Brock "ayg'.
Motion carried unanimously.
20. The Council held a public hearing and considered an ordinance rezoning approximately
26.8 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood
Residential 4 (NR-4) zoning district. The site was generally located at 3880 Helm Lane to the
west of Teasley Lane and north of Ryan Road. No development was proposed at this time. The
Planning & Zoning Commission recommended approval, 5-0. (Z02-0031, Mary F. Mohon)
Larry Reichhart, Assistant Director for Planning and Development, presented the details of the
proposal. The Planning and Zoning Commission had recommended NR-3 zoning. A
supermajority vote would be required if Council wanted to approve NR-4 zoning for the
property.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Tom Trueblood, 3761 Helm Lane, Denton, 76210 - favor for NR-4
Jean Howard, favor
Comment cards were submitted by Jimmie and Shirley White, 3953 Helm Lane, Denton and
Bobby White, 3952 Helm Lane, Denton in favor of NR-4 zoning.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-248
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 26.8 ACRES OF LAND GENERALLY
LOCATED AT 3880 HELM LANE TO THE WEST OF TEASLEY LANE AND
NORTH OF RYAN ROAD LEGALLY DESCRIBED AS ABSTRACT C.
PAULLALIER SURVEY TRACTS 25 AND 26, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-002-0031)
City of Denton City Council Minutes
August 6, 2002
Page 8
Fulton motioned, Redmon seconded to approve NR-4 zoning. On roll vote, Burroughs "nag',
Fulton "ayg', McNeill "nag', Montgomery "nag', Phillips "nag', Redmon "ayg', and Mayor Brock "nag'.
Motion failed with a 2-5 vote.
Phillips motioned, Fulton seconded to approve NR-3 zoning. On roll vote, Burroughs"nag', Fulton
'~g', McNeill "ayg', Montgomery"nag', Phillips "ayg', Redmon"ayg', and Mayor Brock"nag'. Motion
carried with a 4-3 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
21. The Council considered adoption of an ordinance on first reading amending the existing
Gas Franchise between the City and TXU Gas Company, to provide for a different consideration
and to authorize the lease of facilities within the City's rights-of-way; providing for acceptance
by TXU Gas Company; finding and determining that the meeting at which this ordinance is
passed is open to the public as required by law; and providing an effective date.
Mayor Brock left the meeting with a conflict of interest.
The following ordinance was considered at first reading:
AN ORDINANCE ON FIRST READING AMENDING THE EXISTING GAS
FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE
FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF
FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING FOR
ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
Fulton motioned, Montgomery seconded to adopt the ordinance on first reading. On roll vote,
Burroughs"ayg', Fulton"ayg', McNeill"ayg', Montgomery"ayg', Phillips"ayg', and Redmon"ayg'. Motion
carried unanimously.
22. The Council considered adoption of an ordinance on first reading amending the existing
Electric Franchise between the City and Oncor Electric Delivery Company, to provide for a
different consideration; providing for acceptance by Oncor Electric Delivery Company; finding
and determining that the meeting at which this ordinance is passed is open to the public as
required by law; and providing an effective date.
The following ordinance was considered at first reading:
AN ORDINANCE ON FIRST READING AMENDING THE EXISTING ELECTRIC
FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY
COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING
FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; F1ND1NG
AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING
AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 6, 2002
Page 9
McNeill motioned, Phillips seconded to adopt the ordinance on first reading. On roll vote,
Burroughs"ayg', Fulton"ayg', McNeill"ayg', Montgomery"ayg', Phillips"ayg', and Redmon"ayg'. Motion
carried unanimously.
23. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Fulton asked that the remaining nominations for boards and
commissions be placed on next agenda for discussion and vote.
calculated.
Council Member Redmon requested a breakdown on how utility consumption was
C. Council Member Redmon questioned if the city could regulate the granting of
permits for new apartments.
D. Council Member McNeill encouraged the staff to schedule discussions with
developers to regarding plans for various quadrants of the city.
E. Council Member McNeill questioned how the City could publicize the
relationship between the city and the Denton Housing Authority to reduce confusion regarding
the role of the City with the Housing Authority.
24. Items from the City Manager
City Manager Conduff did not have any items for Council.
25. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
26. 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 8:30 p.m.
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS