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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 City of Denton City Council Minutes 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