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Minutes January 07, 2003 CITY OF DENTON CITY COUNCIL MINUTES January 7, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 7, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Burroughs; Council Members Fulton, Montgomery, Phillips, and Redmon. ABSENT: Mayor Brock and Council Member McNeill 1. The Council held a discussion regarding minority hiring practices in the City of Denton Carla Romine, Director of Human Resources, reviewed the City's current practices including the areas of recruitment, retention and development as noted in the City's Diversity Plan. Council discussed the City's policies and practices relative to minority hiring and the possibility of the appointment a committee to advise Council on diversity issues. City Manager Conduff noted that such a committee could advise the Council but per the provisions of the Charter could not advise stafl~ 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for January 7, 2003. Council allowed comments from citizens present at the meeting regarding Item #1 minority hiring practices. Jackie Sasser spoke regarding the hiring of a Director at the Martin Luther King, Jr. Recreation Center Harold Williams spoke regarding the hiring system for the City of Denton Regular Meeting of the City of Denton City Council on Tuesday, January 7, 2003 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. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Pro Tem Burroughs presented a proclamation for Denton Viper - Denton Soccer Association Day. The City was presented the Dallas Regional Mobility Coalition Travel Demand Management Award. Mayor Pro Tem Burroughs presented recognition awards to the Denton Independent School District. City of Denton City Council Minutes January 7, 2003 Page 2 B. Resolutions of Appreciation 1. The Council considered approval of a Resolution of Appreciation for Jerry Clark. Phillips motioned, Montgomery seconded to approve the resolution. On roll vote, Burroughs "aye", Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. 2. The Council considered approval of a Resolution of Appreciation for Kenny Kirkland. Phillips motioned, Fulton seconded to approve the resolution. On roll vote, Burroughs "aye", Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. 3. The Council considered approval of a Resolution of Appreciation for Mike Bateman. Phillips motioned, Redmon seconded to approve the resolution. On roll vote, Burroughs "aye", Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. 3. CITIZEN REPORTS A. The Council received citizen reports from the following: 1. Ross Melton: Code Enforcement, the Council, Attorneys and the budget. Mr. Melton stated that he continues to ask questions relative to Code Enforcement with no answers from the City. He reviewed his opinion regarding his lawsuit against the City. 2. Ed Soph: think of the children. Mr. Soph was not present at the meeting. 3. John Paul Eddy: a message for the water tower. Dr. Eddy suggested some type of signs for the City stating that Denton was a city of champions. He noted various athletic, academic and other championships that needed to be recognized. 4. Willie Hudspeth: citizen concerns for Southeast Denton. Mr. Hudspeth was not present at the meeting. Carolyn Phillips spoke in his place after a unanimous vote by Council to suspend the rules. Ms. Phillips stated that the issue of concern was whether or not there was fairness in the process of hiring a director at the Martin Luther King, Jr. Recreation Center and whether there was room for improvement in the hiring process. City of Denton City Council Minutes January 7, 2003 Page 3 5. Peternia Washington: issues with the Parks Department. Ms. Washington reviewed a history of problems she had experienced at the Martin Luther King, Jr. Recreation Center. She asked Councilto reconsider the hiring of a director atthe Center. Council Member Redmon left the meeting. 4. CONSENT AGENDA Phillips motioned, Fulton seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", Montgomery "aye", and Phillips "aye". Motion carried unanimously. Approved the minutes of November 12, November 19, November 20, and December 10, 2002. 2003-01 - An ordinance authorizing the City Manager to execute Change Order Number One to the contract between the City of Denton and Jones and Jeffery Construction Company; Inc. providing for the expenditure of funds therefore; and providing an effective date (File 2946 Bid 2900 Evers Park Parking Lot Improvements Change Order One in the amount of $177,130). 2003-02 - An ordinance accepting competitive bids and awarding a contract for the purchase of a Type 11 Transit Bus; providing for the expenditure of funds therefore; and providing an effective date (Bid 2867 Transit Bus awarded to Lasseter Bus and Mobility in the amount of $174,246). 2003-03 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for the payments by the City of Denton for Electrical Energy Transmission fees to those listed cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (Purchase Order 108983 to American Electric Power in the amount of $65,999, Purchase Order 108984 to Reliant Energy in the amount of $81,484.25, Purchase Order 108985 to Oncor/TXU in the amount of $84,590.25, and Purchase Order 108986 to Lower Colorado River Authority in the amount of $54,566 for a total amount of $286,639,50). R2003-01 - A resolution by the City Council of the City of Denton relating to the issuance of Bonds by the North Texas Higher Education Authority, Inc.; approving the issuance of such Bonds and the use of the proceeds of such Bonds; and making certain findings in connection therewith; and providing an effective date. 2003-04 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Third Amended Contract for Professional Legal Services with the Law Finn of Dickstein, Shapiro, Morin & Oshinsky, L.L.P. for services pertaining to continued partial electric generation divestiture issues; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreement; and providing an effective date. City of Denton City Council Minutes January 7, 2003 Page 4 R2003-02 - A resolution amending Resolution No. R2002-054 of the City of Denton, Texas adopting the City of Denton's 2003 State Legislative Program; providing a repealer; and providing an effective date. H. Approved tax refunds for the following property taxes: Name Reason Tax Year Amount 2. ACLP Swisher Road Commercial c/o Erroneous Payment 2001 648.51 Today Realty Advisors Inc. Council Member Redmon returned to the meeting. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance granting approval of an off-site sub-surface use of North Lakes, Denia Park and Airport Open Space Park for the purpose of oil and gas drilling operations in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for an oil and gas lease; and providing an effective date. Bob Tickner, Superintendent of Parks, stated that the public hearing was required by State law in order to offer protection to parks and recreational lands. The ordinance would allow an off site sub-surface use of the area for oil and gas drilling. The staff and the Parks, Recreation and Beautification Board recommended approval. The Mayor Pro Tem opened public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2003-005 AN ORDiNANCE GRANTING APPROVAL OF AN OFF-SITE SUB-SURFACE USE OF NORTH LAKES, DENIA PARK AND AIRPORT OPEN SPACE PARK FOR THE PURPOSE OF OIL AND GAS DRILLING OPERATIONS IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR AN OIL AND GAS LEASE; AND PROVIDING AN EFFECTIVE DATE. Phillips motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance granting approval of a surface use of a portion of the Denton Branch Rail Trail at Walton Road City of Denton City Council Minutes January 7, 2003 Page 5 Milepost 727.6 for the purpose of a public street easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a utility easement; and providing an effective date. Bob Tickner, Superintendent of Parks, stated that a public hearing was required when parkland was going to be used for purposes other than recreational purposes. The City of Corinth had requested a street easement to improve Walton Road in their city limits. Staff and the Parks, Recreation and Beautification Board recommended approval. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed public hearing. The following ordinance was considered: NO. 2003-006 AN ORDINANCE GRANTiNG APPROVAL OF A SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL AT WALTON ROAD MILEPOST 727.6 FOR THE PURPOSE OF A PUBLIC STREET EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Phillips motioned, Fulton seconded to adopt the ordinance with Option 4. On roll vote, Burroughs "aye", Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance rezoning three parcels, totaling approximately 0.3 acres from a Downtown Residential 1 (DR-l) zoning district to a Downtown Commercial General (DC-G) zoning district. The property, commonly known as 715, 716, and 808 Pacific Street, was generally located between Carroll Boulevard and Pacific Street 200 feet north of Eagle Drive. Office uses were proposed. The Planning and Zoning Commission recommended approval (7-0). (Z02-0042, 7.15, 7.16 & 808 Pacific Stree0 Larry Reichhart, Assistant Director of Planning and Development, stated that the property was located on the east side of Carroll Blvd. Part of the proposal was a land swap with the adjacent property owner. The swap would also result in a realignment of Duchess Drive. Opposition to the proposal was at 14% thus not requiring a supermajority vote by the Council. Council discussed the provisions of parking, access to the site, tree preservation for the site and the mobility plan relative to the proposal. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. City of Denton City Council Minutes January 7, 2003 Page 6 The following ordinance was considered: NO. 2003-007 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.3 ACRES OF LAND COMMONLY KNOWN AS 715, 716 AND 808 PACIFIC STREET AND GENERALLY LOCATED BETWEEN CARROLL BOULEVARD AND PACIFIC STREET, APPROXIMATELY 200 FEET NORTH OF EAGLE DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0042) Montgomery motioned, Burroughs seconded to adopt the ordinance as recommended by the Planning and Zoning Commission. On roll vote, Burroughs "aye", Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 0.5 acres from a Downtown Residential 1 (DR-l) to a Downtown Residential 2 (DR-2) zoning district. The site was generally located at 910 and 912 Avenue A at the southeast corner of Fannin and Avenue A, south of Eagle Drive. Multi-family residential was proposed. The Planning and Zoning Commission recommended approval (7-0). (Z02-0059, Darnell Addition) Larry Reichhart, Assistant Director for Planning and Development, stated that the proposal was to change the existing zoning from DR-1 to DR-2. The property was located in the Downtown University core district. The Planning and Zoning Commission had recommended approval of the proposal. There was less than 2% opposition thus not requiring a supermajority vote by the Council. The Mayor Pro Tem opened the public hearing. The following individual spoke during the public hearing: Karen Mitchell, Mitchell Planning Group, spoke in favor she stated that the letter of opposition was from an individual who according to a relative was not clear on the issues. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2003-008 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN City of Denton City Council Minutes January 7, 2003 Page 7 RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.5 ACRE OF LAND LOCATED AT 910 AND 912 AVENUE A IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0059) Phillips motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance granting a Specific Use Permit to allow a wireless communications tower over 85' high on approximately 0.44 acres. The site was in an Industrial Center Employment (IC-E) zoning district. The subject property was commonly known as 303 East Massey Street. A 195' wireless communications tower was proposed. The Planning and Zoning Commission recommended approval (7-0). (Z02-0055, Titan Towers') Larry Reichhart, Assistant Director of Planning and Development, stated that the tower was a permitted use on this property but the height of the tower required a specific use permit. No letters had been received on the proposal. The Mayor Pro Tem opened the public hearing. The following individual spoke during the public hearing: David Baker, Titan Towers favor The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2003-009 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A WIRELESS COMMUNICATIONS TOWER ON APPROXIMATELY 0.44 ACRES OF LAND COMMONLY KNOWN AS 303 EAST MASSEY STREET, WITHIN AN INDUSTRIAL CENTER EMPLOYMENT (IC-E) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0055) Phillips motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. F. The Council held a public hearing and considered adoption of an ordinance amending Ordinance 99-439, regarding a Comprehensive Plan Amendment, from Employment Center to Neighborhood Center. The area for amendment encompassed approximately 2.0 acres. The site was generally located at the southeast corner of the Mingo Road and Mockingbird Lane City of Denton City Council Minutes January 7, 2003 Page 8 intersection. Residential uses would continue at this site. The Planning and Zoning Commission recommended approval (7-0). (CA02-0005, ] 708 and ] 702 Mockingbird Lane) Larry Reichhart, Assistant Director of Planning and Development, stated that the property was currently located in an employment center and the request was to change it to a neighborhood center. There were currently two homes on the property. No letters had been received on the proposal. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2002-010 AN ORDINANCE AMENDING THE LAND USE PLAN OF THE DENTON PLAN 1999-2020 FOR AN AREA ENCOMPASSING APPROXIMATELY 2.0 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE MINGO ROAD AND MOCKINGBIRD LANE INTERSECTION, FROM EMPLOYMENT CENTER TO NEIGHBORHOOD; PROVIDING AN EFFECTIVE DATE. (CA-02-0005) Fulton motioned, Redmon seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Redmon suggested an independent study from an outside consultant to look at the entire city's hiring of minorities, the Diversity Plan and implementation. 2. Council Member Redmon questioned if the Parks and Recreation Department had changed its mission statement to a "pay as you go" use. 3. Council Member Phillips requested a follow up on Dr. Eddy's suggestion that the city initiate some of type of signage to recognize Denton as a "city of champions". 4. Council Member Phillips and Council Member Fulton asked for a report on a provision to allow FFA competition animals in the city limits. 5. Council Member Redmon stated that the 1986 bond election had required three recreation centers and questioned the status of the other centers. City of Denton City Council Minutes January 7, 2003 Page 9 6. Council Member Redmon asked about a citizen's recourse with a complaint about the hiring of an individual. 7. Council Member Montgomery requested that staff look at the entire picture of animals in the city limits rather than just FFA animals. B. Items from the City Manager City Manager Conduff did not have any items for Council. C. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. D. 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 8:15 p.m. MARK BURROUGHS MAYOR PRO TEM CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS