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Minutes March 25, 2003CITY OF DENTON CITY COUNCIL MINUTES March 25, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 25, 2003 at 5:45 p.m. in the Council Work Session Room. PRESENT: Mayor Pro Tern Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. AB SENT: Mayor Brock 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of March 25, 2003. Regular Meeting of the City of Denton City Council on Tuesday, March 25, 2003 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag 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 Sexual Assault Awareness Month. B. March Yard-of-the-Month Awards Mayor Pro Tem Burroughs presented the awards to: Scott and Annette Bonfoey Janyce Greenwood Rosemary Brown Charlie and Kathy Parker Mike and Monica Brooks Alex Clark Nancy Lowrey-Xeriscaped yard C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. City of Denton City Council Minutes March 25, 2003 Page 2 3. CITIZEN REPORTS A. The Council received citizen reports from the following: 1. Carolyn Phillips: new horizon and building permits. Ms. Phillips was not present at the meeting. 2. Peternia Washington: prelude to the Southeast Denton Small Area Plan. Ms. Washington expressed concerns about the Southeast Denton Small Area Plan. 3. Willie Hudspeth: minority hiring. Mr. Hudspeth again stated his concerns about the lack of minority hiring in the City of Denton. He questioned how minority applicants could be hired at the City of Denton. 4. John Latta: Rancho Vista Addition and zoning on Emery Street. Mr. Latta stated that he was concern about the zoning changes in the Rancho Vista Addition and did not want Emery Street extended to Bonnie Brae. 5. Sheryl Woods: ExHale Services. Ms. Woods stated that ExHale Services provided outpatient substance abuse services and HIV testing plus free counseling services. 6. Kathy Copeland: Rancho Vista Subdivision and zoning on Emery Street. Ms. Copeland expressed concern about the development of the Rancho Vista Subdivision and the possible extension of Emery Street. She also requested a six foot fence to screen the businesses from the nearby residents. 7. Nancy Slack: Emery Street curb cuts and six foot screening. Ms. Slack stated that she would like to see the curb cut restrictions returned to the zoning on the Rancho Vista Subdivision and the six foot screening fence provision again included in the zoning on the property. 4. CONSENT AGENDA McNeill motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. Approved the minutes of February 11, 2003, February 18, 2003, and March 4, 2003. City of Denton City Council Minutes March 25, 2003 Page 3 2003-075 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of electrical secondary connection pedestals and polymer concrete transformer pads; providing for the expenditure of funds therefore; and providing an effective date (Bid 2957 - Annual Price Agreement for Electrical Secondary Connection Pedestals and Polymer Concrete Transformer Pads awarded to the lowest responsible bidder in the estimated amount of $100,513.75). 2003-076 - An ordinance authorizing the purchase of Mobile Data Computers, service, and installation from L&E Mobile Computers and Mounts, Inc., a QISV supplier, and financing with Government Capital Corporation through a lease/purchase financing agreement; providing for the expenditure of funds therefore; and providing an effective date (File 2998 - Lease/Purchase of Mobile Data Computers in an annual amount not to exceed $189,700.30 per year for a four year total of $758,801.20). 2003-077 - An ordinance awarding a contract for the purchase of services, software, hardware, and annual maintenance for the installation, configuration, and support of an IP-telephony based Integrated Contact Distribution Solution as awarded by the State of Texas Building and Procurement Commission through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2961 to Spanlink Communications, Inc. in the amount of $114,700). 2003-078 - An ordinance of the City of Denton, Texas approving an agreement between the City of Denton and the North Texas Umpire Association; approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from requirements of competitive bids; and providing an effective date (File 2997 - Agreement With North Texas Umpire Association in the amount of $40 per game for an estimated award of $44,000). 2003-079 - An ordinance accepting competitive bids and awarding a contract for the rental of a landfill dozer/tractor; providing for the expenditure of funds therefore; and providing an effective date (Bid 2974 - Rental of Landfill Dozer/Tractor awarded to Hertz Equipment Rental Corp. in the amount of $6375 per month). 2003-080 - An ordinance accepting competitive bids and awarding a contract for the purchase of truck washing services for Denton Municipal Electric (DME); providing for the expenditure of funds therefore; and providing an effective date (Bid 2975 - Truck Washing for DME awarded to Turk's Mobile Detailing in the lowest responsive amount for each item as listed). R2003-006 - A resolution of the City of Denton, Texas, authorizing the submission of a grant application to the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding for the Denton Teen Court Program for juveniles; and providing an effective date. City of Denton City Council Minutes March 25, 2003 Page 4 2003-081 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and The Denton Festival Foundation for supplemental funding for the 2003 Denton Arts and Jazz Festival, providing for the expenditure of funds therefore, and providing for an effective date. 2003-082 - An ordinance of the City of Denton, Texas, amending sections 18-151 and 18-152 of the Code of Ordinances of the City of Denton, Texas to delegate the authority to enforce parking laws to the University of North Texas Police Department adding Kendolph Street between Eagle Drive and Wilshire Street, authorizing the City Manager to sign an Interlocal Agreement between the City of Denton and the University of North Texas for the enforcement of parking regulations by the University of North Texas in the areas described within this ordinance; providing for a severability clause; providing for a savings clause; and providing for an effective date. 2003-083 - An ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an agreement between the City of Denton and the County of Denton for the rental of voting machines, equipment, supplies; programming for the tabulation of votes and the establishment of a Central Counting Station; and providing an effective date. 2003-084 An ordinance approving a commercial operator Airport Lease Agreement between the City of Denton and JVC Real Estate; and providing an effective date. 2003-085 - An ordinance approving a real estate exchange agreement between the City of Denton, Texas and Craig Irwin and Dale Irwin for two parcels of land each being 0.294 acres situated in the Moreau Forrest Survey, Abstract Number 417, Denton County, Texas, for the purposes of a property line adjustment for fencing activities by the Wastewater Department; authorizing the expenditure of funds therefore; and providing an effective date. 2003-086 - An ordinance of the City of Denton, Texas, granting approval of a sub-surface use of North Lakes Park, Denia Park, and the Airport Open Space Park for the purpose of an oil and gas non-drilling/pooling agreement within the City of Denton, Texas; and providing an effective date. 2003-087 - An ordinance of the City of Denton, Texas, authorizing the re- advertisement for a non-drilling, paid-up pooling agreement for an oil and gas lease agreement for South Lake Park within the City of Denton, Texas; and providing an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit (SUP) for a childcare facility on approximately 0.7 acres. The site, commonly known as 320 Mill Street, was generally located on the south side of Mill Street opposite Cook Street. The property was in a Neighborhood Residential 3 (NR-3) zoning district. City of Denton City Council Minutes March 25, 2003 Page 5 A childcare facility was proposed. The Planning and Zoning Commission recommended approval with conditions (4-3). (Z02-0063) Council Member Redmon left the meeting due to a conflict of interest. Mayor Pro Tem Burroughs stated that this proposal had a requirement for a supermajority vote and with one member absent and Council Member Redmon having a conflict of interest, five of the remaining five members would have to vote in favor to approve the proposal. The past practice of the Council was to afford the petitioner the opportunity to postpone consideration of the proposal until the full Council was present. Council would open the public hearing and continue it to a date certain when there would be a full Council. Larry Reichhart, Assistant Director for Planning and Development, presented the details of the proposal. The Planning and Zoning Commission had recommended approval with conditions. A specific use permit would be needed. Approval of the proposal would require a supermajority vote of Council as there was 25% opposition by the surrounding citizens. The Mayor Pro Tem opened the public hearing. The applicant requested a delay in the consideration of the proposal until a full Council was present. The following individuals spoke during the public hearing: Linnie McAdams, applicant - favor Jane Provo, applicant - favor Council questioned the applicant about the paying of taxes and impact fees and the possibility of competition with businesses that paid full taxes and impact fees. Council discussed whether Denton Affordable Housing owned the building and would be renting the facility to a day care provider and if there would be a sliding scale for the day care fees. Montgomery motioned, McNeill seconded to proceed with the public hearing at this meeting and to continue the public hearing to the April 1 st meeting when a full Council would be present. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", and Phillips "aye". Motion carried unanimously. Anna Graff, 3200 W. Oak Shores Drive, Cross Roads, 76227 - favor Stan Ingman, 2105 Carriage Hill, Denton, 76207 - favor Barbara Atkins, 2201 Spencer Road, Denton, 76205 - favor Peggy Kelly, 4608 Emerson Lane, Denton, 76205 - favor Marcella Franklin, 317 East Mill, Denton, 76205 - opposed Carolyn Phillips, 722 Lakey Street, Denton, 76205 - opposed Carl Young, 321 East Mill, Denton, 76205 -opposed Peternia Washington, 618 East Prairie, Denton, 76205 -opposed Jacob Henry, 400 East Mill, Denton, 76205 - opposed Billie Brasfield, Ruddell Street, Denton, 76205 - opposed Audrey Barrow, 723 Hill Street, Denton, 76205 - opposed City of Denton City Council Minutes March 25, 2003 Page 6 Mayor Pro Tem Burroughs stated that the public hearing would continue to the next meeting. Council Member Redmon returned to the meeting. B. The Council held a public hearing and considered adoption of an ordinance approving an Alternative Development Plan for approximately 77 acres. The property was in a Neighborhood Residential 2 (NR-2) zoning district and in the Extra Territorial Jurisdiction (ETJ) of the City of Denton. The property was generally located on FM 2181 (Teasley Lane) southeast of Leatherwood Road and west of Bluebonnet Road. A high school and facilities were proposed. The Planning and Zoning Commission recommended approval with conditions (7-0). (ADP03- ooo ) Larry Reichhart, Assistant Director for Planning and Development, stated that this was an alternative development plan in a neighborhood center on the east side on Teasley. The alternate development plan was for parking in front of the high school for visitor parking to separate it from the main part of the campus for security reasons. The current design standards were not designed for a school of this size and the DISD was not really obligated to follow the design standards. The majority of the property was in the extraterritorial jurisdiction and the DISD had applied for annexation of property into the city limits. The Mayor Pro Tem opened public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed public hearing. The following ordinance was considered: No. 2003-088 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR AN ALTERNATIVE DEVELOPMENT PLAN FOR A NEIGHBORHOOD RESIDENTIAL MIXED USE 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING A PARKING LOT BETWEEN THE STREET AND THE BUILDING FOR AN APPROXIMATELY 77 ACRE SITE LOCATED IN THE J.C. SURVEY ON 2181 (TEASLEY LANE) SOUTHEAST OF LEATHERWOOD ROAD AND WEST OF BLUEBONNET ROAD IN 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. (ADP03-0001) Fulton Fulton carried motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion unanimously. C. The Council held a public hearing and considered adoption of an ordinance for rezoning of approximately 7.1 acres from a Neighborhood Residential 6 (NR-6) zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district. The property was generally City of Denton City Council Minutes March 25, 2003 Page 7 located on the east side of South Bonnie Brae Road and east of the proposed future extension of Vintage Boulevard. Neighborhood retail uses were proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0002) Larry Reichhart, Assistant Director for Planning and Development, stated that the proposal would change the zoning from Neighborhood Residential 6 to Neighborhood Residential Mixed- Use. Retail uses were proposed for the site. In April, the lower quadrant would be taken over by Liberty Christian School. There were no letters of opposition received regarding the proposal. The Mayor Pro Tem opened the public hearing. The following individual spoke during the public hearing: Karen Mitchell, Mitchell Planning Group - favor The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2003-089 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL - 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 7 ACRES OF LAND LOCATED IN THE WILLIAM ROARK SURVEY EAST OF BONNIE BRAE AT VINTAGE BOULEVARD 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. (Z03-0002) McNeill motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending Sub-Chapter 5 of the Development Code, specifically the size limitation for Professional Services and Offices within the Regional Center Commercial Neighborhood (RCC- N) zoning district. The Planning and Zoning Commission recommended approval (7-0). (SI03- ooo ) Larry Reichhart, Assistant Director for Planning and Development, stated that there were three areas in the regional mixed used category. The proposal was to take the office limitation out of the RCC-N zoning category. A potential applicant had questioned why there was such a limitation in this zoning category and staff agreed that the limitation could be eliminated. The Mayor Pro Tem opened the public hearing. City of Denton City Council Minutes March 25, 2003 Page 8 No one spoke during public hearing. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: No. 2003-090 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 OF THE DENTON DEVELOPMENT CODE PERTAINING TO LIMITATIONS IN OFFICE SIZE IN THE RCC-N ZONING DISTRICT; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SI03- 0001) 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. E. The Council held a public hearing to consider the amendment of land use assumptions, a capital improvements plan and the imposition of an amended impact fee. Jim Coulter, Director of Waster and Wastewater, presented growth related decisions that included decisions to support growth such as Lake Ray Roberts, transmission lines, wastewater treatment plant expansion, and a Council direction that new growth would pay for itself. The impact fee structure was based on capital costs attributed to new growth, costs were distributed to each new user, had a single family equivalent and was collected at the time of building permits. He presented a water ten-year impact fee project list and the cost equivalents for those projects. He presented the wastewater 10 year impact CIP projects. An additional project was the Clear Creek Water Reclamation Plant and the interceptor sewer project. No action was required at this meeting. The public hearing would be continued until the April 15th meeting for additional public input. Council discussed debt service and accounting of funds, recommendations from the Impact Fee Advisory Committee, impact on the slowing of the economy, development and growth, and the structure for payment of impact fees such as paying before development began. The Mayor Pro Tem opened the public hearing. No one spoke during public hearing. McNeill motioned, Montgomery seconded to continue the public hearing until the April 15th meeting. 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 March 25, 2003 Page 9 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas amending Section 22-31 "Prohibited Acts" of the Code of Ordinances of the City of Denton to add a paragraph (13) to limit the use of tobacco products during youth athletic activities on or adjacent to city athletic fields; providing for a penalty of a fine not to exceed five hundred dollars for each offense in violation of the ordinance; providing a severability clause and an effective date. Ed Hodney, Director of Parks and Recreation, stated that this proposal, based on a request from the Denton Youth Sports Association, was a consideration for the limited use of tobacco projects at youth sports facilities during youth sports activities. After the last presentation, suggestions from Council Members Fulton and Burroughs were incorporated such as a designated smoking area to be posted at the facilities and that the wording indicate "limit" rather than "prohibit" smoking. Council discussed the pros and cons of the proposal including smokeless tobacco products in the ordinance, the designation of youth activities as opposed to adult activities, enforcement, the prevalence of problems with smokeless products and whether smokeless tobacco products pose as great a health risk as tobacco products. The following individuals spoke on the issue: Anna Braudrick, 535 CR 2133 Valley View, 76272- favor Michael Mooney, 3405 Danbury Circle, Corinth, 76208 - favor Hal Evans, 6791 Canyon Road, Sanger, 76266 - favor Comment cards were received from: Brian Morrison, 305 Mounts, Denton, 76201 - favor Connie McKeathen, P.O. Box 1013, Denton, 76202 - favor The following ordinance was considered: NO. 2003-091 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 22- 31 "PROHIBITED ACTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO ADD A PARAGRAPH (13) TO LIMIT THE SMOKING OF TOBACCO PRODUCTS DURING YOUTH ATHLETIC ACTIVITIES ON OR ADJACENT TO CITY ATHLETIC FIELDS; PROVIDING FOR A PENALTY OF A F1NE NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Fulton motioned, Phillips seconded to only limit smoking for youth activities. Other types of smoking products would be left out of 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 March 25, 2003 Page 10 B. The Council considered adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement between the City of Denton and the Denton County Transit Authority for the provision of management and planning services for the implementation of mass transportation in Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. Jon Fortune, Assistant City Manager for Public Safety and Transportation, stated that this was a request for interim funding from the Denton County Transit Authority. Initial funding had been provided by Denton County and small contributions from other cities. The Executive Committee's work was increasing for successful passage of the upcoming sales tax election. The Authority felt professional management services were needed to bridge the gap until that time. Funding had been set aside for this allocation in the 2000 bond election. The following ordinance was considered: NO. 2003-092 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSIT AUTHORITY FOR THE PROVISION OF MANAGEMENT AND PLANNING SERVICES FOR THE IMPLEMENTATION OF MASS TRANSPORTATION IN DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. C. The Council considered approval of a resolution authorizing the City Manager, or his designee, as Denton's authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for certain improvements to the Denton Municipal Airport; confirming agreement to pay a portion of the total project costs; and providing an effective date. Mark Nelson, Director of Airport and Transit Operations, stated that this was a grant for improvements for the terminal apron with the Texas Department of Transportation. The following resolution was considered: NO. R2003-007 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) RELATING TO A GRANT FOR CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; CONFIRMING AGREEMENT TO PAY A PORTION OF THE TOTAL PROJECT COSTS; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes March 25, 2003 Page 11 Fulton Fulton carried motioned, McNeill seconded to approve the resolution. On roll vote, Burroughs "aye", "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion unanimously. D. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Fulton requested a discussion as soon as possible relative to the new special event permits and the impact on non-profit organizations. 2. Mayor Pro Tem Burroughs requested information on alternatives to the Emery Street curb cuts. 3. Council Member Redmon requested a discussion on the use and procedures for citizen reports. Mayor Pro Tem Burroughs suggested this be a topic of discussion at a council luncheon. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting under Section 551.071-551.086 of the Texas Open Meetings Act. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting Item (s) under Section 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 10:19 p.m. MARK BURROUGHS MAYOR PRO TEM CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS