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Minutes September 03, 2002CITY OF DENTON CITY COUNCIL M1NUTES September 3, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 3, 2002 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. 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 wastewater service in the Clear Creek and Milam Creek Basins. Jim Coulter, Director of Water Utilities, stated that the Clear Creek Basin and Milam Creek Basin constituted the majority of the northern portion of the wastewater service area north of Loop 288 from west of IH 35 to the proximity of the Elm Fork of the Trinity Fiver. Two major developments were proposed in the Basins that would pose a challenge for wastewater service in the area north of Loop 288. In addition the EPA had verbally notified staff that fines would be levied due to overflows reported to the EPA and TNRCC. P. S. Arora, Assistant Director of Wastewater, stated that a modeling study had been done to determine the impact of the Clear Creek Ranch wastewater flows on the Pecan Creek System south of Loop 288. It was determined that the existing system could not accommodate all flows from the proposed development. One option was to route all flows through the existing collection system south of Loop 288 from the proposed developments. Additional capital improvements would be necessary to accommodate flows. The second option was to develop a wastewater collection and treatment system in the Clear Creek Basin. Consensus of Council was to proceed with the hiring of a consultant to begin work on the design. 2. The Council received a report, held a discussion and gave staff direction regarding Solid Waste Ordinance revisions. Vance Kemler, Director of Solid Waste, presented the details on the proposed revisions to the solid waste ordinance. Some of those revisions included establishing a set out time for garbage to be placed at the curb for residential collection; addressing litter and illegal dumping issues; establishing commercial customer requirements for container screening, placement and housekeeping around the containers; revising out-of-date definitions; establishing commercial and residential refuse collection operating hours; updating the code language on the prohibition from collection and disposal of certain materials and wastes to conform to current state and federal law; revising brush and yard waste collection requirements to reflect current practices; revising bulky items collection service to reflect current practices; and revising the permit and registration requirements for special waste and recycling service providers. Consensus of the Council was to proceed as proposed. 3. The Council received a report and held a discussion regarding the City of Denton Mosquito Control Program. City of Denton City Council Minutes September 3, 2002 Page 2 Kenneth Banks, Wastershed Protection Manager, reviewed the procedures involved in the City's program concerning mosquito protection. 4. The staff responded to Council requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of September 3, 2002. Regular Meeting of the City of Denton City Council on Tuesday, September 3, 2002 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street. 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 proclamations for Payroll Week and Day of Remembrance- September 11, 2001. 3. The Council received a presentation by Keep Denton Beautiful, Inc. to the Denton Parks and Recreation Department, the Denton Independent School District, Safety-Kleen, Inc., and Ruthanne Thompson with environmental awards given by Keep Texas Beautiful in their annual statewide competition. Each winner was previously recognized in July at the Annual Keep Texas Beautiful Conference in San Antonio. 4. Recognition of staff accomplishments. City Manager Conduff presented staff accomplishments to the Council. CITIZEN REPORTS 5. The Council received citizen reports from the following: A. Carl Young, Sr. regarding various issues with the City. Mr. Young presented a petition regarding the naming of a street honoring Martin Luther King, Jr. and requested a study to determine the best street for receiving the name change. He spoke on the saving of the Quaker Home in southeast Denton and to place it either in the Civic Center Park or next to the Selby House. Ross Melton regarding the budget, Melton lawsuits, Code Enforcement, and lawyers. Mr. Melton repeated his concerns with the budget, his lawsuits, Code Enforcement, and lawyers. C. Dessie Goodson regarding code enforcement, tax abatements and city transportation. City of Denton City Council Minutes September 3, 2002 Page 3 Ms. Goodson expressed concerns about vegetation growing over city sidewalks that hamper walking on the sidewalks. She also expressed concern about the tax abatement given to Sally Beauty Supply and the LINK transportation schedule. CONSENT AGENDA Council Member Fulton asked that Items #25 and #28 be considered separately. McNeill motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items #25 and #28. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Item #25 was considered. Council Member Fulton questioned if Council Member McNeill had a conflict of interest with the vote on the funding for the Chamber of Commerce, as he was president of the Board of Directors. City Attorney Prouty stated that as the position was a volunteer and he did not receive any compensation, Council Member McNeill would not have a conflict of interest. Fulton motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Item #28 was considered. Council Member Fulton questioned if Council Member Montgomery had a conflict of interest with the vote on the funding for the Courthouse Museum as he was listed as a member of the Board of Directors. Council Member Montgomery stated that he had resigned from the Board of Directors following his election to the Council. Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "nay", McNeill "aye", Montgomery "aye", Phillips "nay", Redmon "aye", and Mayor Brock "aye". Motion carried with a 5-2 vote. 6. NO. 2002-261 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH HDR ENGINEERING, INC. FOR THE ENGINEERING DESIGN OF THE US 377/FT. WORTH DRIVE RAILROAD BRIDGE REPLACEMENT AS SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE (RFP 2860 - PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN OF US 377 AWARDED TO HDR ENGINEERING, INC. FOR A TOTAL AMOUNT OF $513,303). City of Demon City Council Minutes September 3, 2002 Page 4 10. 11. NO. 2002-262 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE GAYLA BRIDGES STREET PAVING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2855 - GAYLA BRIDGES STREET PAVING AWARDED TO JAGOE-PUBLIC CO. IN THE AMOUNT OF $89,798). NO. 2002-263 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LOOP 288 42" AND 36" WATER TRANSMISSION LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2872 - LOOP 288 42" AND 36" WATER TRANSMISSION LINES AWARDED TO THE LOWEST RESPONSIBLE BIDDER IN THE BASE BID AMOUNT OF $2,132,782.60 PLUS ALTERNATES A AND B IN THE AMOUNT OF $27,500 FOR A TOTAL AMOUNT OF $2,160,282.60). NO. 2002-264 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST ELEVATED STORAGE TANK SUPPLY LINE PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2874 - NORTHWEST ELEVATED STORAGE TANK SUPPLY LiNE AWARDED TO TEXAS ELECTRIC UTILITY CONSTRUCTION, INC. IN THE AMOUNT OF $344,825.74). NO. 2002-265 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF SEMI-AUTOMATED RECYCLING CARTS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (INTERLOCAL AGREEMENT - PURCHASE ORDER 106474 TO H-GAC IN THE AMOUNT OF $594,585). NO. 2002-266 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PRINTING, TYPESETTING, DISTRIBUTION AND ADVERTISEMENT SALES FOR THE PARKS AND RECREATION DEPARTMENT'S PLAY SEASONAL BROCHURE; PROVIDING FOR THE City of Demon City Council Minutes September 3, 2002 Page 5 EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2871 - P.A.R.D. SEASONAL BROCHURES AWARDED TO THE LOWEST BIDDER FOR EACH SECTION IN THE GROSS AMOUNT OF $39,912.85 LESS $12,000 (ESTIMATED AD REVENUE) FOR A NET ESTIMATED COST OF $27,912.85). 12. NO. R2002-034 A RESOLUTION ALLOWING MI CASITA RESTAURANT TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA EVENT ON SEPTEMBER 28, 2002, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 13. NO. R2002-035 A RESOLUTION OF THE CITY OF DENTON TEXAS APPROVING REVISED CITY POLICIES REGULATING NEPOTISM POLICY FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. 14. NO. R2002-036 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING DISCIPLINARY APPEAL POLICY FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. 15. NO. R2002-037 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING MILITARY SERVICE LEAVE POLICY FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. (Items 16-35 were items that supported the proposed 2002-2003 budget and had been previously considered in budget work sessions) 16. NO. 2002-267 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2001-337 FOR ELECTRIC SERVICE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 17. NO. 2002-268 AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 2001-334 FOR WATER SERVICE AND WATER RATES; AMENDING THE WHOLESALE RAW WATER SERVICE RATE TO UPPER City of Demon City Council Minutes September 3, 2002 Page 6 TRINITY REGIONAL WATER DISTRICT (SCHEDULE WRW); DELETING THE MISCELLANEOUS FEES SCHEDULE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 18. NO. 2002-269 AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO. 2001-335 FOR WASTEWATER SERVICE; AMENDING THE COMPOST AND WOOD MULCH SCHEDULE TO ADD A NEW COMPOST PRODUCT (SCHEDULE CWM); AMENDING THE CHARGES FOR UNCONTAMINATED GRASS/BRUSH/LEAVES AND ADDING A MINIMUM CHARGE (SCHEDULE GBL); ADDING THE PROVISION OF THE SCHEDULED RESPECTING THE STORM DRAINAGE FEE (SCHEDULE SD) CONTAINED IN ORDINANCE NO. 2002-019; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 19. NO. 2002-270 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBERS 2001-333 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 SOLID WASTE SERVICE; REVISING THE APPLICATION FOR RATE SWR, DELETING THE SURCHARGE FROM THE RESIDENTIAL SOLID WASTE COLLECTION SERVICE AND RE-ASSIGNING THE SURCHARGE TO THE RESIDENTIAL SOLID WASTE COLLECTION SERVICES RATE, ESTABLISHING THE CHARGES FOR CONTAINERIZED RESIDENTIAL CART SERVICE, AMENDING THE CHARGES FOR MINIMUM BILLING/BASE RATE SERVICE UPON CONDITION AND APPLICATION AMENDING THE CHARGES FOR LANDSCAPE WASTE, ADDING THE CHARGES FOR RESIDENTIAL CONSTRUCTION MATERIALS (SCHEDULE SWR); ESTABLISHING THE RATE FOR RESIDENTIAL CURBSIDE RECYCLING AND PROCESSING SERVICES; EXCEPTION TO IMPOSITION OF RATE (SCHEDULE SWRR); ESTABLISHING THE RESIDENTIAL FINANCIAL NEED SERVICE DISCOUNT (SCHEDULE SWRD); INCREASING SERVICE CHARGES FOR COMMERCIAL FRONT-LOAD AND SIDE-LOAD CONTAINERS, AMENDING THE CHARGES FOR COMMERCIAL CART SERVICE, ADDING HAND-COLLECTED COMMERCIAL SERVICE, INCREASING THE RENTAL CHARGE FOR TEMPORARY CONTAINER SERVICE, DECREASING THE COMMERCIAL MINIMUM RATE, ESTABLISHING A MINIMUM SERVICE REQUIREMENT FOR TEMPORARY CONTAINERS, DELETING THE SURCHARGE FROM THE COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE AND RE-ASSIGNING THE SURCHARGE TO THE COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE RATE, AMENDING THE NUMBER OF BULKY ITEMS COLLECTED FROM PERMANENT SERVICE CUSTOMERS AT NO ADDITIONAL CHARGE, City of Demon City Council Minutes September 3, 2002 Page 7 AMEND1NG THE COMMERCIAL DEPOSIT REQUIREMENTS (SCHEDULE SWC); ESTABLISHING A MINIMUM LANDFILL CHARGE, ESTABLISHING AN OFF- ROAD TIRE CHARGE, AMENDING THE LANDSCAPE WASTE CHARGES, EXPANDING THE 1NERT MATERIALS RATE TO INCLUDE BRICK/BLOCK, INCREASING THE UNSECURED LOAD CHARGE (SCHEDULE SWL); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 20. NO. 2002-271 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. 2001-336; AMENDING THE ELECTRIC AND WATER CONNECTION CHARGE TO INCLUDE ELECTRIC SERVICE REQUESTED AFTER BUS1NESS HOURS CHARGE AND WATER SERVICE REQUESTED AFTER BUSINESS HOURS CHARGE; AMENDING THE DELINQUENT SERVICE CHARGE TO INCLUDE A RECONNECT CHARGE AFTER BUS1NESS HOURS; ADDING UNAUTHORIZED USAGE PENALTY; CHANGING THE NAME OF THE METER READING AND TEST CHARGES RATE SCHEDULE TO METER CHARGES; ADDING A METER TAMPERING AND/OR DAMAGE CHARGE; ADDING METER INACCESSIBILITY CHARGE; AMENDING THE SERVICE DEPOSITS FOR COMMERCIAL CUSTOMERS TO REQUIRE DEPOSIT IF SERVICE DISCONTINUED FOR NON PAYMENT; ADDING A LATE PAYMENT CHARGE DUE ON DELINQUENT BALANCES; ADDING AN INTEREST CHARGE ON PAST DUE BALANCES; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 21. NO. 2002-272 AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 22. NO. 2002-273 AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 23. NO. 2002-274 AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. City of Demon City Council Minutes September 3, 2002 Page 8 24. 25. 26. 27. 28. 29. NO. 2002-275 AN ORDINANCE AMENDING SECTION 22-38 OF CHAPTER 22 (PARKS AND RECREATION) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO FACILITY AND PROGRAM FEES BY ADOPTING A SCHEDULE OF FEES; REPEALING ALL FEES IN CONFLICT WITH SUCH SCHEDULE; REPEALING ORDINANCE NO. 99-311 AND ALL ORDINANCES IN CONFLICT WITH THE NEW SCHEDULE OF FEES; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-276 AN ORDINANCE APPROVING THE CALENDAR YEAR 2003 ("CY2003") BUDGETS FOR THE USE OF HOTEL TAX REVENUE BY THE GREATER DENTON ARTS COUNCIL, THE DENTON CHAMBER OF COMMERCE, AND THE NORTH TEXAS STATE FAIR; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-277 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-278 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COMMUNITY THEATRE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-279 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 AND THE COURTHOUSE-ON-THE SQUARE MUSEUMS; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-280 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. City of Demon City Council Minutes September 3, 2002 Page 9 30. 31 32. 33. 34. 35. NO. 2002-281 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON HOLIDAY FESTIVAL ASSOCIATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-282 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEJAS STORYTELLING ASSOCIATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-283 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF DENTON, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003; AND DECLARING AN EFFECTIVE DATE. NO. R2002--38 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. NO. 2002-284 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 2002, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2002, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON 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. NO. 2002-285 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2002 TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes September 3, 2002 Page 10 PUBLIC HEARINGS 36. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 0.33 acres from a Downtown Residential 1 (DR-l) zoning district to a Downtown Residential 2 (DR-2) zoning district. The property commonly known as 918 Avenue A, was generally located at the northwest corner of Fannin and Avenue A, south of Eagle Drive. Multi- family residential was being proposed. The Planning and Zoning Commission recommended approval (3-2). (Z02-0033, 918 Avenue A) Doug Powell, Director of Planning and Development, presented the details of the proposal. The Mayor opened the public hearing. The following individual spoke during the public hearing: Karen Mitchell, Mitchell Planning Group - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-286 AN ORDINANCE OF THE CITY OF DENTON, TEXAS REZONING AN APPROXIMATE 0.33 ACRE OF LAND LOCATED AT 918 AVENUE A AND LEGALLY DESCRIBED AS LOT 6 OF F. W. DARNELL ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (Z02-0033) McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 37. The Council held a public hearing and considered adoption of an ordinance granting a license for a surface use of a portion of the Denton Branch Rail Trail approximately 570 feet south of Walton Road at milepost 727.5 for the installation of a private street in accordance with Chapter 26 of the Texas Parks and Wildlife Code. Bob Ticker, Superintendent of Planning and Development-Parks and Recreation, presented the details of the proposal. The Mayor opened the public hearing. City of Denton City Council Minutes September 3, 2002 Page 11 The following individuals spoke during the public hearing: Bobby Dollak, 111 Hillside Drive, Lewisville, 7507 - favor Ben Pinnell, Rt. 13, Corinth, 76201 - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-287 AN ORDINANCE GRANTING APPROVAL OF A LICENSE FOR THE SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 570 FEET SOUTH OF WALTON ROAD AT MILE POST 727.5 FOR THE PURPOSE OF A PRIVATE ROADWAY CROSSING IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF AN EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Fulton motioned, Burroughs seconded to adopt the ordinance and requested staff to file the license with the County. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION Mayor Brock left the meeting with a conflict of interest. 38. The Council considered adoption of an ordinance on third 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. The following ordinance was considered: NO. 2002-288 AN ORDINANCE ON THIRD 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 roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. City of Denton City Council Minutes September 3, 2002 Page 12 39. The Council considered adoption of an ordinance on third 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: NO. 2002-289 AN ORDINANCE ON THIRD 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. Fulton motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. 40. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Phillips suggested looking into funding from TxDot for construction of sidewalks on East McKinney between Loop 288 and Ryan High School. B. Council Member Redmon asked for a study for the naming of a street in honor of Martin Luther King, Jr. 41. Items from the City Manager Mr. Conduff did not have any items for Council. 42. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 43. 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 8:20 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS