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Minutes August 20, 2002CITY OF DENTON CITY COUNCIL MINUTES August 20, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 20, 2002 at 4:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Fulton, McNeill, Montgomery, and Phillips. ABSENT: Council Member Redmon 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of August 20, 2002. Council Member Redmon arrived at the meeting. The City Council attended a reception for Board and Commission members at 4:30 p.m. in the Council Work Session Room at City Hall. The City Council then convened in the Council Chambers at 6:00 p.m. to consider approval of a resolution of appreciation for retiring Board/Commission members. 1. Resolution of Appreciation Montgomery motioned, Burroughs seconded to approve the Resolution of Appreciation for the Retiring Board and Commission members. On roll vote, Burroughs"ayg', Fulton"ayd', McNeill"ayg', Montgomery"ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ay& Motion carried unanimously. Regular Meeting of the City of Denton City Council on Tuesday, August 20, 2002 at 6:30 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. PROCLAMATIONS/PRESENTATIONS 2. Mayor Brock presented a proclamation for'~DISD Recognized Status DAF'. Mayor Brock presented Yard-of-the-Month Awards to: Becky and Jessica Smith Wilhelmina Showalter Bob and Pam Sherlock James and Patricia McKeown Pat Dodson Joe and Angie Pace Marvin and Nancy Jones-Xeriscaped Yard Greenhouse Restaurant-commercial 3. 'Sister Cities International 2001 Innovation Award in Municipal Cooperatiofl' between the City of Denton Texas and San Nicolas de los Garza N.L. Mexico. City of Denton City Council Minutes August 20, 2002 Page 2 Captain Paul Abbott presented the Mayor and City with an award and certificate from Sister Cities International. 4. Presentation to the City of Denton of the Government Finance Officers Association Distinguished Budget Award for the Fiscal Year 2001-2002 Budget. Charles Cox, Government Finance Officers Association, presented the Distinguished Budget Award for Fiscal Year 2001-2002 budget to the City of Denton. 5. Recognition of staff accomplishments. City Manger Conduff presented staff accomplishments to the Council. CITIZEN REPORTS 6. Dessie Goodson regarding the City of Denton public transportation system. Ms. Goodson stated she had attended a public hearing on transportation and no one from the Council had attended. She again questioned the funding for the LINK system and again complained about the service received from the transit system. 7. Ross Melton regarding Code Enforcement, the lawyers and the budget. Mr. Melton stated again that he was concerned about Code Enforcement and the budget. CONSENT AGENDA Mike Cochran, 610 West Oak, Denton, 76201, submitted a request to speak on Agenda Item #19. Burroughs motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs"ayg', Fulton"ayg', McNeill"ayg', Montgomery 'by6', Phillips"ay6', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously. Approved the minutes of July 16, 2002, July 23, 2002, August 6, 2002, and August 8, 2002. 9. NO. 2002-249 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO FILE AN APPLICATION, EXECUTE GRANT S, AND SUB SEQUENT AMENDMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR GRANTS AUTHORIZED BY 49 U.S.C. §5307, AND OTHER APPLICABLE LAWS; AND PROVIDING AN EFFECTIVE DATE. 10. NO. 2002-250 City of Demon City Council Minutes August 20, 2002 Page 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER FIVE TO THE CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND ARCHER WESTERN CONTRACTORS, LTD.; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN PAYMENT AMOUNT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE [ORDINANCE NO. 2001-192; BID NO. 2612- LAKE RAY ROBERTS 20 MGD WATER TREATMENT PLANT AWARDED TO ARCHER WESTERN CONTRACTORS, LTD. IN THE AMOUNT OF $35,785,257; SAID CONTRACT AMOUNT BEING INCREASED BY CHANGE ORDER NO. FOUR TO BE A REVISED CONTRACT AMOUNT OF $36,791,883.31; PLUS CHANGE ORDER NUMBER FIVE IN THE AMOUNT NOT TO EXCEED $57,110.55 FOR ADDITIONAL SECURITY MEASURES AND EQUIPMENT; CHANGE ORDER NO. FIVE WILL BE PAID FROM FUNDS WITHIN THE EXISTING CONTRACT (ALLOWANCE BB)]. 11. NO. 2002-251 AN ORDINANCE ESTABLISHING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND CITY OF FORT WORTH PROVIDING FOR FIRE MUTUAL AID PURSUANT TO THE AUTHORITY GRANTED AND IN COMPLIANCE WITH THE PROVISIONS OF THE TEXAS GOVERNMENT CODE, CHAPTER 791, THE'INTERLOCAL COOPERATION ACTY 12. NO. 2002-252 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND UNIVERSITY OF NORTH TEXAS TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE. 13. NO. 2002-253 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR TWU STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE. 14. NO. 2002-254 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENCO AREA 9-1-1 DISTRICT FOR THE PURPOSE OF ESTABLISHING THE DENTON POLICE DEPARTMENT AS THE PRIMARY PUBLIC SAFETY ANSWERING POINT (PSAP) WITHIN THE DENCO ENHANCED 9-1-1 SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. 15. NO. 2002-255 City of Demon City Council Minutes August 20, 2002 Page 4 16. 17. 18. 19. 20. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRACTOR LOADER/BACKHOE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2786- EARTHMOV1NG EQUIPMENT ITEM 4 AWARDED TO RDO EQUIPMENT IN THE AMOUNT OF $78,973). NO. 2002-256 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AN ADDITIONAL EXPENDITURE OF $1,191,871.00 FOR OUTDOOR AQUATIC FACILITIES ASSOCIATED WITH THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION OF AN AQUATIC CENTER; AND PROVIDING AN EFFECTIVE DATE. Granted a special permit to the Denton Independent School District and its contractors pursuant to the City's Noise Ordinance, Section 20-1 of the Code of Ordinances of the City of Denton, Texas, for extended hours of operations for construction activities for the proposed Aquatic Center located adjacent and west of Sherman Drive and north of Loop 288 in the City of Denton; and providing an effective date. NO. R2002-031 A RESOLUTION REQUESTING THAT THE TEXAS MUNICIPAL LEAGUE SUPPORT BENEFICIAL AMENDMENTS TO THE TEXAS TRANSPORTATION CODE PROVISIONS CONCERNING COORDINATED COUNTY TRANSPORTATION AUTHORITIES; AND PROVIDING AN EFFECTIVE DATE. NO. R2002-032 A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT BENEFICIAL AMENDMENTS TO CHAPTER 351 OF THE TEXAS TAX CODE CLARIFYING THE USE OF HOTEL/MOTEL TAX FUNDS; AND PROVIDING AN EFFECTIVE DATE. NO. R2002-033 A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION THAT AUTHORIZES THE GOVERNO1TS DIVISION OF EMERGENCY MANAGEMENT TO PROVIDE TECHNICAL AND FINANCIAL TOOLS TO ASSIST MUNICIPAL GOVERNMENTS WITH IMPLEMENTING EMERGENCY MANAGEMENT PLANS AND SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS City of Denton City Council Minutes August 20, 2002 Page 5 21. The Council considered adoption of an ordinance on second reading to voluntarily annex approximately 345.5 acres of land generally located north of Loop 288, east of Bonnie Brae, and west of Locust in the northern section of the City of Denton extraterritorial jurisdiction (ETJ). The Planning and Zoning Commission recommended approval (6-0). (A02-O001) Doug Powell, Director of Planning and Development, reviewed the details of the proposal. He stated that Item #22 would not be needed if Council approved Items #23 and #24. Council agreed to have one presentation from the developer for all four agenda items. Joel Broder, Visiquest Properties, made a presentation to the Council regarding the proposed development. Mark Donaldson presented information on the proposed Comprehensive Plan amendment. The following ordinance was considered: NO. 2002-257 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 345.5 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF LOOP 288, EAST OF BONNIE BRAE, AND WEST OF LOCUST IN THE NORTHERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE E. PIZANO SURVEY, ABSTRACT NUMBER 994, DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 7.597 ACRE TRACT DESCRIBED IN THE DEED FROM ONE LONGHORN LAND, L.L.C., TO 1-35 CRAWFORD ROAD PARTNERS RECORDED BY COUNTY CLERICS FILE NUMBER 98-F0077377 REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A02-0001) Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs"aye', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. Items #23 and #24 were considered. 23. The Council held a public hearing and considered adoption of an ordinance amending Ordinance 99-439, regarding a Comprehensive Plan Amendment, from Neighborhood Centers land use designation to Community Mixed Use Centers land use designation. The area for amendment encompasses approximately 57.1 acres. The site was generally located north of Loop 288, east of Bonnie Brae, and west of Locust. A grocery store and"medium to big bo>~' commercial activity were proposed in the area for amendment, which is part of a larger development containing residential, commercial, and civic uses. The Planning and Zoning Commission recommended that a maximum of 40 acres be amended to Community Mixed Use Centers (5-1). (CA02-0003) The Mayor opened the public hearings for Items #23 and #24 City of Denton City Council Minutes August 20, 2002 Page 6 No one spoke during the public hearings. The Mayor closed the public hearings. The following ordinance was considered: NO. 2002-258 AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT ENCOMPASSING APPROXIMATELY 57.1 ACRES AND GENERALLY LOCATED NORTH OF LOOP 288, EAST OF BONNIE BRAE, AND WEST OF LOCUST, IN THE CITY OF DENTON, PROVIDING A SAVINGS AND REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA-02-0003) Burroughs motioned, Fulton seconded to approve the 57.1 acres as proposed by the applicant. On roll vote, Burroughs"aye', Fulton"aye', McNeill"ay~', Montgomery"aye', Phillips"aye', Redmon"ay~', and Mayor Brock"ayg'. Motion carried unanimously. 24. The Council held a public hearing and considered adoption of an ordinance rezoning multiple parcels totaling approximately 750 acres from Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU- 12), and Neighborhood Residential Mixed-Use (NRMU) zoning districts to Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12), Neighborhood Residential Mixed-Use (NRMU), and Community Mixed-Use General (CM-G) zoning districts. The property was generally located north of Loop 288, east of Bonnie Brae, and west of Locust Street. Single-family dwelling units, multi-family dwelling units, commercial development, and civic uses were proposed. The Planning and Zoning Commission recommended approval (6-0) with a maximum of 40 acres of Community Mixed-Use General (CM-G) and an additional 17.1 acres of Neighborhood Residential Mixed-Use (NRMU). (Z02-0027) The following ordinance was considered: NO. 2002-259 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 1 (NR-1), NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD RESIDENTIAL 4 (NR-4), NEIGHBORHOOD RESIDENTIAL 6 (NR-6), NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU-12), AND NEIGHBORHOOD RESIDENTIAL MIXED-USE (NRMU) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD RESIDENTIAL 3 (NR-3), NEIGHBORHOOD RESIDENTIAL 4 (NR-4), NEIGHBORHOOD RESIDENTIAL 6 (NR-6), NEIGHBORHOOD City of Denton City Council Minutes August 20, 2002 Page 7 RESIDENTIAL MIXED-USE 12 (NRMU-12), NEIGHBORHOOD RESIDENTIAL MIXED-USE (NRMU) AND COMMUNITY MIXED-USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR APPROXIMATELY 750 ACRES OF LAND GENERALLY LOCATED NORTH OF LOOP 288, EAST OF BONNIE BRAE, AND WEST OF LOCUST STREET AND LEGALLY DESCRIBED AS TRACTS 23 AND 24 OF THE V. GAILER SURVEY AND TRACTS 9, 10, AND 11 OF THE M. MAY SURVEY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0027) Burroughs motioned, Redmon seconded to approve the proposal as requested with a general staff direction to explore the possibilities to tie in the school sites. On roll vote, Burroughs"ayg', Fulton '~g', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock"ayg'. Motion carried unanimously. 22. The Council held a public hearing and considered adoption of an ordinance zoning approximately 345.5 acres of land to a Neighborhood Residential 1 (NR-1) zoning district. The site was generally located north of Loop 288, east of Bonnie Brae, and west of Locust in the northern section of the City of Denton extraterritorial jurisdiction (ETJ). The Planning and Zoning Commission recommended approval (6-0). (Z02-0032) This item was not considered. 25. The Council held a public hearing and considered a Specific Use permit for approximately 2.9 acres. The site was in a Downtown Commercial General (DC-G) zoning district. The subject property was located at the southeast corner of Carroll Boulevard and Eagle Drive. A convenience store and gas station was proposed. The Planning and Zoning Commission recommended approval (6-0). (Z02-0029) Doug Powell, Director of Planning and Development, presented the details of the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Steve Walker, representing the applicant, - favor Bob Crouch, 801 North Locust, Denton, 76201-favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-260 City of Denton City Council Minutes August 20, 2002 Page 8 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT ALLOWING GASOL1NE SALES ON 2.9 ACRES OF LAND COMMONLY KNOWN AS 321 EAGLE DRIVE, 918 AND 922 SOUTH MYRTLE STREET WITHIN A DOWNTOWN COMMERCIAL GENERAL (DC-G) DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs"ayS', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. 26. The Council held a public hearing and received citizen input on the 2002-03 proposed budget. Kathy DuBose, Assistant City Manager for Fiscal Services, presented details on the budget. The Mayor opened the public hearing. The following individuals spoke during the public hearing regarding the budget: Dessie Goodson, 509 Congress, Denton, 76201 Robbie Swafford, 2725 Misty Wood Lane, Denton, Judy Self, 1927 North Locust, Denton, 76201 76209 The following individuals submitted Comment Cards: Shirley and J. B. Haisler, 1200 Cowing Road, Sanger, 76266 The Mayor closed the public hearing. ITEMS FOR INDIVIDUAL CONSIDERATION 27. The Council considered adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on November 5, 2002 for the purpose of determining whether a local sales and use tax will be adopted in Denton, Texas at the rate of one-fourth of one-percent to provide revenue for the maintenance and repair of municipal streets; designating a voting place and appointing election officials; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof; providing an open meetings clause; and providing an effective date. Council discussed the pros and cons of holding a sales tax election at this time and the possible outcome it might have on the County Transportation issue. Bob Ralph, 1717 West Oak, Denton, 76201, spoke on the issue in favor of postponing the election and forming a citizen committee to study the issue. City of Denton City Council Minutes August 20, 2002 Page 9 Burroughs motioned, Redmon seconded to postpone consideration of the ordinance with staff notifying Council 90 days before the notification time for the next election date. On roll vote, Burroughs"aye', Fulton"aye', McNeill"ay~', Montgomery"aye', Phillips"aye', Redmon"ay~', and Mayor Brock"ayg'. Motion carried unanimously. 28. The Council received a report, held a discussion, and gave staff direction regarding the 2002-03 proposed budget. Council Member Fulton requested to revisit the hotel/motel tax question and the division of entities and how determination was made for funding the organizations. City Manager Conduff stated that the proposed budget did not fund any new entities. If the Council wanted to so do, it needed to provide staff direction on how to fund the new organizations. Council held a discussion regarding the use of the hotel occupancy tax funds, determination of which agencies were funded, council contingency funds, and whether to delay the hiring of new fire fighters. Burroughs motioned, Mayor seconded to direct staff to move forward with the budget as proposed with the exception of restoring the Council contingency budgets. On roll vote, Burroughs"aye', Fulton"na~', McNeill"ay~', Montgomery"aye', Phillips"na~', Redmon"na~', and Mayor Brock"ayg'. Motion carried with a 4-3 vote. Mayor Brock left the meeting with a conflict of interest. 29. The Council considered adoption of an ordinance on second 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. McNeill motioned, Fulton seconded to adopt the ordinance on second reading. On roll vote, Burroughs"aye', Fulton"aye', McNeill"ay~', Montgomery"aye', Phillips"aye', and Redmon"ay~'. Motion carried unanimously. 30. The Council considered adoption of an ordinance on second 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. Montgomery motioned, Fulton seconded to adopt the ordinance on second reading. On roll vote, Burroughs"aye', Fulton"aye', McNeill"ay~', Montgomery"aye', Phillips"aye', and Redmon"ay~'. Motion carried unanimously. 31. New Business City of Denton City Council Minutes August 20, 2002 Page 10 The following items of New Business were suggested by Council for future agendas: Council Member Phillips requested an update on the West Nile virus and a public update on what the City was doing to keep individuals informed. Council Member Redmon asked about the feasibility of a pocket park for Township II and the dedication of roads for the Villas of Piney Creek. C. Council Member Redmon asked about championship titles on the new water tower. 32. Items from the City Manager City Manager Conduff did not have any items for Council. the possibility of painting state 33. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 34. 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 9:50 p.m. EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS