Minutes April 01, 2003CITY OF DENTON CITY COUNCIL M1NUTES
April 1, 2003
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 1, 2003 at 5:00 p.m. in the Council Work Session Room at City Hall.
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 the
proposed events process.
Robert Hanna, Council Assistant, stated that staff had met to reorganize the special events
process in order to make it more user friendly and provide better customer service. Staff had met
with the stakeholders who provided input into the special events document. After several events
had worked through the process, it was determined that the document was less customer friendly
than hoped and adjustments were being made to accommodate those concerns. Staff was
recommending that Council provide policy direction on what official City of Denton sponsorship
meant, that Council determine the level of support to provide for officially sponsored events and
Council provide direction on the process or requirements for an event to become an officially
sponsored event. Staff also was recommending that the agreement be allowed to complete its
pilot program and be revised later to increase its ease of use from the comments received during
the pilot program. At the end of the 2003 event season, a stakeholders meeting would be
convened to discuss the agreement with staff members and a final special event agreement
formulated based on stakeholder input. Currently most negative comments were associated with
the fees associated with the International Fire Code adopted by Council on February 19, 2002.
Those fees were required to be collected by ordinance and could not be waived without
amending the ordinance or by Council direction.
Council discussed the fees associated with the International Fire Code and when the fees were
approved; whether the new process would exclude organizations from holding their events in the
City; should certain events or areas such as the Fairgrounds be excluded from the requirements;
definition of "co-sponsorship" between the City and events; distinction between non-profit and
profit organizations; requirements of partnerships with events; who decided what events were co-
sponsored with the City; and revising the agreement to be used as a checklist as opposed to a
formal agreement with the City.
Consensus of the Council was to draft guidelines for payment of the fees and amend the
agreement to use it as a guideline for events rather than a formal agreement.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the meeting of April 1, 2003.
Regular Meeting of the City of Denton City Council on Tuesday, April 1, 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.
City of Denton City Council Minutes
April 1, 2003
Page 2
2. PROCLAMATIONS/PRESENTATIONS
C. Proclamations/Awards
There were no proclamations/awards for this meeting.
B. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments to the Council.
3. CITIZEN REPORTS
A. The Council received citizen reports from the following:
1. Carolyn Phillips - new horizon and building permits.
Ms. Phillips withdrew her request for a citizen report.
2. Peternia Washington-Southeast Denton Small Area Plan.
Ms. Washington withdrew her request for a citizen report.
4. CONSENT AGENDA
McNeill motioned, Burroughs seconded to
ordinances and resolutions. On roll vote,
Montgomery "aye", Phillips "aye", Redmon
unanimously.
approve the Consent Agenda and accompanying
Burroughs "aye", Fulton "aye", McNeill "aye",
"aye" and Mayor Brock "aye". Motion carried
A. Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
2. Texas Title for Gregory L. Durmick Duplicate Payment 2002 870.99
3 e~ le fo ~ A~e ~ ~Pli~at~ P~nt ~Q0~ ~8
4. American Title Company for Duplicate Payment 2002 926.11
Stephanie Norman
5 itl~ fo ~gPl~at~ P~nt ~00~ ~8 ~8
6. First American Tax Service for Duplicate Payment 2002 539.89
Kathleen Kern
~dw~ d ~ejr ~ Pl~at~P~ ~ g00~ 88 5
8. Wells Fargo for Jeremy Giese Erroneous Payment 2002 676.04
10. Mshassan Inc. Denton Central Appraisal 2002 836.11
District - Value Change
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April 1, 2003
Page 3
Tax
Name Reason Amount
Year
12. Ocean to Ocean Inc. Duplicate Payment 2002 691.48
3 i~ne R~S c/~ ~ri~ge INn ~Pli~at~ P~nt ~Q0~ ~ ~ 8
14. Charles McDade Duplicate Payment 2002 543.69
S Ri~~ s ~li at~ ~00~ 8
16. Tim W. Peters Duplicate Payment 2002 921.23
18. William & Carol Collins Duplicate Payment 2002 1,042.26
20. Transamerica Real Estate Tax Se~ice for Erroneous Payment 2002 659.11
Charles S. Rash
2003-092A - An ordinance awarding a contract for the purchase of video
conferencing equipment for the North Branch Library 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 3001 to Verizon in the
amount of $72,566.60).
2003-093 - An ordinance awarding a contract for the purchase of Public Address
Systems 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 3005 to DFW Communications, Inc. in the amount of $35,140).
2003-094 - An ordinance awarding an annual contract for the purchase of fiber
optic cable, as awarded by the State of Texas Building and Procurement
Commission; providing for the expenditure of funds therefore; and providing an
effective date (File 3002 to FMS Technologies, Inc. in the amount of $1.78 per
foot for an annual estimated amount of $180,000).
2003-095 - An ordinance accepting competitive bids and awarding a contract for
the purchase of police uniforms; providing for the expenditure of funds therefore;
and providing an effective date (Bid 2941 - Police Uniforms awarded to Direct
Action Uniforms in the estimated amount of $44,208).
2003-096 - An ordinance accepting competitive bids and awarding a contract for
the purchase of a trailer mounted vacuum trailer; providing for the expenditure of
funds therefore; and providing an effective date (Bid 2958 - Trailer Mounted
Vacuum Trailer awarded to Witch Equipment Co., Inc. in the amount of $30,000).
2003-097 - An ordinance accepting competitive bids and awarding a contract for
the purchase of a 3¼-ton pickup truck; providing for the expenditure of funds
therefore; and providing an effective date (Bid 2968 - 3¼-Ton Truck awarded to
Sam Pack's Five Star Ford in the amount of $29,291).
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April 1, 2003
Page 4
2003-098 - An ordinance awarding a contract for the purchase of furniture
millwork at the North Branch Library; providing for the expenditure of funds
therefore; and providing an effective date (Bid 2978 - North Branch Library
Millwork awarded to Metroplex Millworks in the amount of $63,031).
R2003-008 - A resolution of the City of Denton, Texas authorizing the Public
Utility Commission of Texas to set the access line rate at the new CPI-Adjusted
Maximum rate to be paid to the City by Certificated Telecommunications
Providers pursuant to Chapter 283 of the Texas Local Government Code, ("HB
1777"), and providing an effective date.
2003-099 - An ordinance approving the placement of an approximate 3.13 acre
tract owned by Denton Municipal Electric for an electric substation, for bid
respecting the development of a non-drilling/pooling agreement with a gas
developer; and providing an effective date.
R2003-009 - A resolution allowing Nopales Hacienda Restaurant to be the sole
participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration
on May 3, 2003, 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.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 9.4 acres. The rezoning consisted of approximately 4.7 acres from
Neighborhood Residential Mixed Use (NRMU) to Neighborhood Residential 6 (NR-6) and
approximately 4.7 acres from Neighborhood Residential 6 (NR-6) to Neighborhood Residential
Mixed Use (NRMU). The property commonly known as Sherman Crossing was generally
located south of Loop 288, west of Sherman Drive and north of Hercules. Single-family
residential and commercial uses were proposed. The Planning and Zoning Commission
recommended approval (6-0). (Z03-0006, Sherman Crossing)
Larry Reichhart, Assistant Director for Planning and Development, stated that the existing
zoning on the two sites would be changed slightly. The Planning and Zoning Commission had
recommended approval.
The Mayor opened public hearing.
The following individual spoke during the public hearing:
Randall Smith, 839 Tealwood Circle, Flower Mound, favor
The Mayor closed the public hearing.
The following ordinance was considered:
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April 1, 2003
Page 5
NO. 2003-100
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE OF APPROXIMATELY 9.4 ACRES. THE REZONING
CONSISTS OF APPROXIMATELY 4.7 ACRES FROM NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) TO NEIGHBORHOOD RESIDENTIAL 6 (NR-
6) AND APPROXIMATELY 4.760 ACRES FROM NEIGHBORHOOD
RESIDENTIAL 6 (NR-6) TO NEIGHBORHOOD RESIDENTIAL MIXED USE
(NRMU) OF LAND, COMMONLY KNOWN AS SHERMAN CROSSING AND
BEING GENERALLY LOCATED APPROXIMATELY 750 FEET SOUTHWEST OF
THE INTERSECTION OF LOOP 288 AND SHERMAN DRIVE AND
APPROXIMATELY 400 FEET NORTH OF HERCULES 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. (A03-0006)
Redmon 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.
B. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit for a gas well site. The approximately 37 acre property was in a
Neighborhood Residential Mixed Use (NRMU) and Neighborhood Mixed Use 12 (NRMU-12)
zoning district and was generally located north of Ocean Drive approximately 1,800 feet east of
Teasley Lane. Gas well drilling was proposed. The Planning and Zoning Commission
recommended approval with conditions (5-1). (Z03-0003, Teasley Gas Well No. 1)
Larry Reichhart, Assistant Director of Planning and Development, detailed the location of the
site on Teasley Lane, north of the Teasley Harbor Addition. Conditions from the Planning and
Zoning Commission were the installation of a solid screen around the well site and to notify the
property owners in the area when something was going to be done to the well. The applicant had
decided to move the location of the well site and access road after the Planning and Zoning
Commission meeting. In such cases, the practice had been to remand the proposal back to the
Commission for a recommendation before Council approval. If the applicant wanted to continue
with the amended site plan, staff was recommending that Council remand it back to the Planning
and Zoning Commission.
Council held a discussion including the location of the road for the new site; potential damage to
city streets done by the gas drilling equipment; type of screening around the gas well; and timing
of the construction of the fence around the well.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Bill Coleman, Coleman and Associates, representing mineral interests - favor
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April 1, 2003
Page 6
Council discussion continued with length of time large trucks would be using the road near the
residences; distance between the proposal and the southern property line; the 330 foot regulation
waiver; time frame if the proposal were to be remanded to the Commission and time frame for
coming back to Council.
The Mayor closed the public hearing.
Burroughs motioned, McNeill seconded to remand the proposal to the Planning and Zoning
Commission with the earliest possible consideration. On roll vote, Burroughs "aye", Fulton
"aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye" and Mayor Brock "aye".
Motion carried unanimously.
C. The Council was to continue a public hearing and consider 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. A childcare facility was proposed. The Planning and Zoning Commission
recommended approval with conditions (4-3). (Z02-0063)
Mayor Brock indicated that the petitioner had withdrawn the request for a specific use permit.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered nominations and appointments to the City's Boards and
Commissions.
Council Member Redmon indicated that as the Human Service Advisory Board had already
submitted a recommendation for funding for this year, he would table his nomination until a later
date.
Council Member Montgomery nominated Darla Bostick to the Animal Shelter Advisory
Committee.
Mayor Brock did not have a nomination to the Historic Landmark Commission at this time.
Council Member Montgomery nominated Diana Hatch to the Historic Landmark Commission.
Council Member Burroughs nominated Sherri McDade to the Library Board.
Mayor Brock indicated that Council would vote on the nominations at the next regular meeting.
B. New Business
1. Council Member Redmon requested a work session regarding the City's
role in co-sponsorship and sponsorship of events.
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April 1, 2003
Page 7
2. Council Member McNeill requested a work session or memo regarding
dumpster versus rollout carts for fourplexes and how the information was getting out to
residents.
C. Items from the City Manager
City Manager Conduff did not have any items for Council.
D. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
E. 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 items.
With no further business, the meeting was adjourned at 7:20 p.m.
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS