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Minutes December 10, 2002CITY OF DENTON CITY COUNCIL M1NUTES December 10, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 10, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street. PRESENT: Mayor Euline Brock; Mayor Pro Tern Mark Burroughs; Council Members McNeill, Montgomery, Phillips, and Redmon ABSENT: Council Member Fulton 1. The Council received a report, held a discussion, and gave staff direction regarding a revision in the assessment of fees levied for the mowing of private property authorized by Chapter 20 of the Code of Ordinances. Captain Joanie Housewright stated that staff had reviewed the ordinance and current procedures and recommended the following. In cases where the same person owned two or more vacant properties, the properties would be treated as one property and mowing and administrative fees would be assessed accordingly. Staff also recommended revising the notification procedure to provide one notification, by certified letter, to the owner upon the second grass and weed violation within a growing season. The letter would notify the owner of the violation, the provision of fourteen (14) days to abate the violation, and that the City would correct the violation if the owner failed to do so. The letter would contain the warning that the owner would receive no warning of future violations during that growing season and the City would assess appropriate fees for any corrective action taken. Consensus of the council was to follow through with staff' s recommendations. 2. The Council received a report, held a discussion and gave staff direction regarding municipal services in relation to fourplexes. Vance Kemler, Director of Solid Waste, provided a summary of the latest revision to the Solid Waste Rate Ordinance. Kemler stated that fourplex residential property would now be provided commercial containerized service. Standardizing this service was based on the following reasons: reduce the Cost of Service; reduce litter in neighborhoods and Code Enforcement issues; some property owners preferred containerized service; rates were commensurate with service needs; multiple billing options were available (billed to tenant, billed to property management, billed to property owner, billed to other party). Susan Croff, Utility Process/Quality Control Auditor, stated that rate structures for utilities were based on usage and all had a reduction built in for low-end users. Croft stated that housing assistance clients received a utility allowance based on the PHA schedule of average utility consumption by unit size for each of the family paid utilities. Croft stated the minimum payment for the drainage fee was 50 cents. Residential could go as high as $15.50 per month. Fourplexes were considered residential under the drainage fee schedule. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of December 10, 2002. City of Denton City Council Minutes December 10, 2002 Page 2 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: Deliberations regarding certain public power utilities: competitive matters - Under Texas Government Code {}551.086. Consultation with Attorney --- Under Texas Government Code {}551.071. The Council received competitive public power information and documentation from Staff regarding the First Supplement to Transition Power Agreement, proposed to be executed by the City of Denton, Texas and the Seller thereof, to reflect changes occurring over the course of time from an electric operations standpoint; discussed other related matters; and discussed, deliberated, considered, and provided Staff with direction regarding such matters. Further discussed and considered the legal ramifications regarding execution of the First Supplement to Transition Power Agreement. Discussed other legal issues concerning and related to this matter with the City's 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. The Council received competitive electric public power and market information regarding the proposed assumption and agreement of the Transition Power Agreement ("TPA"), executed by the City and PG&E Trading-Power, L.P. on June 29, 2001 by a third party. Also received a competitive public power presentation by Denton Municipal Electric ("DME") Staff regarding the proposed actions of the PG&E entities in connection with their respective obligations to the City regarding electric and related matters. Discussed, deliberated, considered, provided Staff with direction, and considered voting, and taking final action, regarding both the above proposed assumption and agreement of the TPA and the following public power presentation. Further, discussed and considered the legal ramifications and legal position of the City by conducting a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning these issues; where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client, the Denton City Council, under the Texas Disciplinary Rules of Professional Conduct. Regular Meeting of the City of Denton City Council on Tuesday, December 10, 2002 at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes December 10, 2002 Page 3 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Mayor Brock presented the following proclamations and awards: UNT Mean Green Day Police Appreciation Day Rhonda Shirrell Week Denton Tennis Association- Dedication of Mabel Craven Tennis Courts Texas Downtown Association Best Public Improvement Project Award December Yard-of-the-Month Awards were given to: Laura Kinne Kevin & Tiffany Williams Mr. and Mrs. Charles Salas Mr. and Mrs. C. L. Roedema G. Ann Uhlir and Jo Kuhn Dr. and Mrs. James Donovitz Denton Municipal Landfill Sonic Drive-In on Colorado Drive C. City Manager Conduff presented recognition of staff accomplishments. 3. CITIZEN REPORTS A. The Council received citizen reports from the following: Ross Melton regarding Code Enforcement, grass and weeds, and the budget. Mr. Melton reminded the Council that the City couldn't really control what people did on their own property. 4. CONSENT AGENDA Council Member Redmon asked to pull Items 4.C. and 4.D. for separate consideration. Burroughs motioned, McNeill seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items 4.C. and 4.D. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0. Item 4.C. was considered. City of Denton City Council Minutes December 10, 2002 Page 4 Redmon motioned, Burroughs seconded to approve Item 4.C. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0. Item 4.D. was considered. Redmon motioned, Burroughs seconded to approve Item 4.D. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0. R2002-055 - A resolution reviewing and adopting the Investment Policy for funds for the City of Denton; designating an investment officer; providing a savings and repealing clause; and providing an effective date. 2002-395 - An ordinance authorizing the Mayor to enter into an Interlocal Cooperation Agreement with Denton County for library services; and providing an effective date. 2002-396 - An ordinance to declare the intent to reimburse expenditures from the unreserved retained earnings of the Technology Services Fund with Certificates of Obligation for replacement of public safety communications equipment; declaring an emergency and amending the 2002-2003 Capital Improvement Budget; and providing an effective date. (Project-S740,000.00 for Public Safety Communications Equipment). 2002-397 - An ordinance awarding a contract for the purchase of public safety radios and hardware and software necessary for the upgrade of the City of Denton 800 MHZ trunk radio system as awarded by the State of Texas Building and Procurement Commission (formerly known as the General Services Commission) through the Qualified Information Services Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2932 - Public Safety Radios and Miscellaneous Equipment awarded to Motorola Communications and Electronics Inc. in the amount of $720,555). 2002-398 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for Professional Legal Services with the Law Offices of Jim Boyle, PLLC for Professional Legal and Lobbying Services related to the 78th Texas Legislative Session pertaining to the City of Denton/Denton Municipal Electric; authorizing the expenditure of funds therefore; and providing an effective date. 2002-399 - An ordinance approving an amendment to a passenger motor carrier transit agreement between the City of Denton and McDonald Transit Associates, Inc., dated April 16, 2002 to provide an express shuttle service for the University of North Texas; providing for the expenditure of funds therefore; and providing for an effective date. City of Denton City Council Minutes December 10, 2002 Page 5 R2002-056 - A resolution of the City of Denton, Texas approving revised City policies regulating Drug and Alcohol Free Work Place and Anti-Substance Abuse and Rehabilitation Policy of City employees and declaring an effective date. R2002-057 - A resolution of the City of Denton, Texas, postponing the regular City Council meeting of December 3, 2002 to December 10, 2002 to allow Council Members and City staff to attend the National League of Cities Conference; canceling the regular Council meeting scheduled for December 17, 2002, to allow Council Members and City staff to travel to New Orleans to support the UNT Sun Belt Conference Championship Football Team which will play the University of Cincinnati in the New Orleans Bowl; providing retroactive effect; and declaring an effective date. R2002-058 - A resolution of the City of Denton, Texas, adding support for regional transportation authorities and for funding for regional transportation authorities to the City of Denton's legislative priorities; and providing an effective date. 2002-400 - An ordinance of the City of Denton, Texas accepting competitive sealed best value bids and awarding the best value bidders with orders for Solid Waste Department purchases consisting of certain sized refuse carts and recycling carts; providing for the expenditure of funds therefore; and providing an effective date (RFP No. 2908 - Solid Waste Department purchases-Refuse Carts and Recycling Carts). 2002-401 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Middle Pecan Inflow and Infiltration Rehabilitation; providing for the expenditure of funds therefore; and providing an effective date (Bid 2906 - Middle Pecan Creek Inflow and Infiltration awarded to Texas Electric Utility Construction, Inc. in the amount of $1,481,770.96). 2002-402 - An ordinance accepting sealed proposals and awarding a contract for Employee Assistance Program (EAP) services for the City of Denton; providing for the expenditure of funds therefore; and providing an effective date (RFSP 2887 - Employee Assistance Program awarded to Workers Assistance Program, Inc. in the amount of $18,096). 2002-403 - An ordinance approving the expenditure of funds for the purchase of repair services available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 2923 - Repair of Front Loading Refuse Truck awarded to Dallas Peterbilt L.P. in the amount of $59,271.94). 2002-404 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Transformer Repairs-Pole Mount and Pad Mount; providing for the expenditure of funds therefore; and providing an effective date (Bid 2876 - Transformer Repairs-Pole Mount and Pad Mount awarded to Alamo Transformer Supply Company in an amount not to exceed $75,000). City of Denton City Council Minutes December 10, 2002 Page 6 2002-405 - An ordinance of the City of Denton, Texas, prohibiting any drivers from turning right on red from northbound Carroll Boulevard onto Sherman Drive; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. 2002-406 - An ordinance authorizing the City Manager or his designee to execute a settlement agreement with Shepherd Place Homes concerning drainage and street improvements for the Bellaire North Addition and providing an effective date. 2002-407 - An ordinance by the City of Denton abandoning and vacating a portion of a drainage easement from Shepherd Place Homes Inc. recorded in Volume 4588, Page 107 Deed Records of Denton County, Texas; and providing an effective date. 2002-408 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring an easement in an approximate 1.31 acre tract or parcel of land for electric utility purposes being a part of the M.T. Cole Tract described in deed recorded in Volume 249, Page 387 of the Deed Records of Denton County, Texas, said property being located in the B.B.B. and C.R.R. Survey, Abstract No. 176, Denton County, Texas, and an easement in an approximate 16.30 acre tract or parcel of land for electric utility purposes being a part of the M.T. Cole Tract described in deed recorded in Volume 249, Page 387 of the Deed Records of Denton County, Texas, said property being located in the J. Kjelberg Survey Abstract No. 1610, the J. Bacon Survey Abstract No. 1540, the I. Hembrie Survey Abstract No. 594, and the I. Byerly Survey Abstract No. 1458, Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the property for just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of electric utility facilities and installation; declaring an effective date. (West Denton Electric Project-Cole) 2002-409 - An ordinance authorizing the City Manager or his designee to execute a Pipeline Crossing Agreement with Union Pacific Railroad Company for a sanitary sewer pipeline located at Mile Post 719.73, Choctaw Subdivision, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. 2002-410 - An ordinance authorizing the City Manager or his designee to execute a golf driving range lease contract for North Lakes Park in the City of Denton; and providing an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, designating the property located at 424 Texas Street as a Historic Landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances providing City of Denton City Council Minutes December 10, 2002 Page 7 for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date (Historic Landmark Commission recommended approval 5-0. Planning and Zoning Commission recommended approval 7-0). (SI02-0014) Julie Glover, Main Street Administrator, stated that the property had a new owner and the new owner wanted to look over the material and see what all was involved in the historic designation. Glover requested that the public hearing be continued to the January 28, 2003 City Council meeting. The Mayor opened the public hearing. Burroughs motioned, McNeill seconded to continue the public hearing to the January 28, 2003 City Council meeting. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0. B. The Council held a public hearing and considered adoption of an ordinance amending Ordinance 99-439, regarding a Comprehensive Plan Amendment, from Existing Land Use/Infill Compatibility to Community Mixed Use Center. The area for amendment encompassed approximately 10.74 acres. The site was generally located at the northwest corner of the East University Drive and Old North Road intersection. Office and retail/restaurant uses were proposed. The Planning and Zoning Commission recommended approval (7-0). (CA02- 0004, OM North Place) Larry Reichhart, Assistant Director of Planning & Development, stated that the applicant was proposing the comprehensive plan amendment to allow for rezoning of a portion of the property to Community Mixed Use General. The CM-G zoning district would allow uses that were not allowed by right in the Neighborhood Residential Mixed Use zoning district. The proposed change would allow for more intensive use of the property. The Mayor opened the public hearing. The following individual spoke during the public hearing: Alan Bussell, representing the applicant, spoke in support of the request. The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-411 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 FOR AN AREA ENCOMPASSING APPROXIMATELY 10.74 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE EAST UNIVERSITY DRIVE AND OLD NORTH ROAD INTERSECTION; SUCH AMENDMENT IS FROM EXISTING LAND USE/1NFILL COMPATIBILITY TO COMMUNITY MIXED USE CENTER; AND PROVIDING AN EFFECTIVE DATE. (CA02-0004) City of Denton City Council Minutes December 10, 2002 Page 8 Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0. C. The Council held a public hearing and considered adoption of an ordinance rezoning multiple parcels totaling approximately 12.2 acres from Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed-Use (NRMU) zoning districts to Neighborhood Residential Mixed Use (NRMU) and Community Mixed-Use General (CM-G) zoning districts. The site was located at the northwest corner of University Drive and Old North Road intersection. Retail, restaurant, and offices land uses were proposed. The Planning and Zoning Commission recommended approval (7-0). (Z02-0052, OMNorth Place) Larry Reichhart, Assistant Director of Planning & Development, presented details of the proposal. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-412 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A ZONING CHANGE FOR A 1.44 ACRE PARCEL FROM NR-3 TO NRMU, A 1.6 ACRE PARCEL FROM NR-3 TO CM-G, AND A 9.14 ACRE PARCEL FROM NRMU TO CM-G; SUCH PARCELS BEING GENERALLY LOCATED AT THE NORTHWEST CORNER OF UNIVERSITY DRIVE AND OLD NORTH ROAD IN THE W. POGUE SURVEY, ABSTRACT NO. 1012, CITY OF DENTON, 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. (Z02-0052) McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0. D. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 7.5 acres, from Planned Development 191 and Employment Center Industrial (EC-I) zoning districts to an Employment Center Commercial (EC-C) zoning district. The site was generally located south of University Drive, between Loop 288 and Mayhill Road. A convenience store and gas station were proposed. The Planning and Zoning Commission recommended approval (7-0) (Z02-0051, Prominence Square) Larry Reichhart, Assistant Director of Planning & Development, stated that the current zoning allowed for quick vehicle servicing and drive thru facilities, however did not allow for retail sales and services. The applicant wanted to construct a gas station/convenience store. City of Denton City Council Minutes December 10, 2002 Page 9 The Mayor opened the public hearing. The following individual spoke during the public hearing: Karen Mitchell, 7823 Nine Mile Bridge Road, Ft. Worth, spoke on behalf of the applicant. The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-413 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM PLANNED DEVELOPMENT 191 (PD- 191) AND AN EMPLOYMENT CENTER GENERAL (EC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5.2 ACRES OF LAND IN THE W. LLOYD SURVEY ABSTRACT 774 AND GENERALLY LOCATED ON THE SOUTH SIDE OF UNIVERSITY DRIVE APPROXIMATELY 1000 FEET EAST OF LOOP 288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0051) Redmon motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0. E. The Council continued a public hearing and considered adoption of an ordinance regarding amendments to Subchapter 5 of the Development Code related to the NRMU-12 zoning district. The Planning and Zoning Commission recommended approval (7-0). (SI02- 0010, NRMU-12 Zoning Distric0 Larry Reichhart, Assistant Director of Planning & Development, stated that the Council had approved five amendments to the Development Code on the NRMU-12 and NRMU zoning districts at the October 15, 2002 City Council meeting. The public hearing was continued to this meeting on the proposed amendment to the NRMU-12 zoning district as it related to multi- family. He stated that staff recommended the public hearing be closed and the issue be taken up in a work session by Council or remanded back to the Planning and Zoning Commission for further review. The Mayor stated that the public hearing was continued from the previous City Council meeting. The following individual spoke during the public hearing: Ed Wolski, 2301 Hollyhill, spoke on behalf of the Windsor Oaks Development. He requested that any zoning change that had already received neighborhood approval under the new Development Code be exempted from requiring neighborhood approval all over again. City of Denton City Council Minutes December 10, 2002 Page 10 The Mayor closed the public hearing. Burroughs motioned, McNeill seconded to revisit the issue in a work session with a sufficiently broad topic so they could identify other NRMU issues. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered an appeal from Ali A1-Khafaji regarding costs imposed for mowing fees in accordance with Section 20-72 of the City of Denton Code of Ordinances. Captain Joanie Housewright, stated that Mr. A1-Khafaji was appealing mowing charges in the amount of $342.00 for his property at 3311 E. McKinney. The property had a high grass and weeds violation and a contractor was contacted to mow the property. Mr. A1-Khafaji stated that he had not received a letter notifying him that the property needed to be mowed and felt they were being targeted because of their race. City Attorney Herb Prouty advised the Council they could decide if $342.00 was a reasonable charge or change the amount. Council Member Burroughs asked what kind of fence was around the property. Mr. A1-Khafaji stated that it had a chain link fence. Phillips motioned; Redmon seconded to postpone consideration of the item until the Council could receive additional information from staff. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion carried 5-1. B. Consider adoption of an ordinance approving an Alternative Development Plan for approximately 2.2 acres located in a Downtown Commercial General (DC-G) zoning district. The site is generally located on the northeast corner of Carroll Boulevard and Oak Street, commonly known as 400 West Oak Street. A bank, office space and drive thru facility are proposed. The Planning and Zoning Commission recommends approval (6-0). (SP02-0008, 400 West Oak) Larry Reichhart, Assistant Director of Planning & Development, stated that the applicant was requesting the Alternative Development Plan to allow a detached drive thru facility for the proposed bank use. He stated that due to design constraints and site restrictions the drive thru was better positioned detached from the primary structure. The following individual spoke regarding this item. Marty Rivers, 200 Whitefish Court, spoke in support City of Denton City Council Minutes December 10, 2002 Page 11 The following ordinance was considered: NO. 2002-414 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN ALTERNATIVE DEVELOPMENT PLAN FOR A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF PROVIDING FOR AN APPROXIMATE 2.2 ACRE SITE LOCATED AT 400 WEST OAK STREET 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. (SP02-0008) Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0. C. The Council considered an appeal of a physical hardship variance of Section 35.13.3(B) and 35.20.2(M.3.) of the Code of Ordinances concerning the requirement for the submittal of a Traffic Impact Analysis (TIA). The 2.203-acre parcel was generally located on the northeasterly corner of Carroll Boulevard and Oak Street. The property was located in a Downtown Commercial General (DC-G) zoning district. A bank with drive-ups was proposed. The Planning and Zoning Commission denied the variance request by a vote of 3-3, 1 abstention. (F02-0013, Carroll Addition TIA variance) Dave Hill, Assistant City Manager of Development Services, stated that the applicant was appealing the Planning and Zoning Commission's decision to deny the physical hardship variance concerning the requirement of a Traffic Impact Analysis. Council Member Phillips asked what a Traffic Impact Analysis would accomplish. Hill stated the TIA could provide an analysis of the level of service and safety issues at the intersections of Carroll/Oak and Carroll/Pearl with and without the additional traffic and any immediate and/or future improvements (such as restriping, improved signage, signal installation). It could provide information on the need for a right turn lane for the driveway on Carroll or Oak. Council Member Montgomery asked when the developer was notified of the need for the Traffic Impact Analysis. Hill stated that he thought the developer was notified on October 23 that a TIA would be required. The following individuals spoke regarding this item: Alan Bussell, 1668 Amanda Court, spoke in support Marty Rivers, 2000 Whitefish Court, spoke in support Russell Bates, 1300 N. Locust, spoke in support City of Denton City Council Minutes December 10, 2002 Page 12 Brock motioned, Montgomery seconded to approve the appeal. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0. D. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Mayor Brock requested an update on recycling in the City. Mayor Brock stated there were concerns of university communities and how to deal with rental property concerns. She requested information available about what other cities did and what concerns other citizens might have. Council Member Redmon asked if the City had a policy on animals being killed in the city limits for human consumption. Council Member Redmon requested a report from the racial profiling task force. Council Member Redmon asked if the City had a policy on how to handle graffiti and the ability of Code Enforcement to cite people for violations. He spoke of two railroad trestles that needed painting - one on Dallas Drive and one on Robertson. E. Items from the City Manager City Manager Conduff stated that Council had upcoming meetings with the Chamber of Commerce and wanted to point out that the Executive Director of the Chamber would be 50. F. There was no continuation of the Closed Meeting under Sections 551.071- 551.086 of the Texas Open Meetings Act. G. 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 8:40 p.m. JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS