Minutes April 15, 2003CITY OF DENTON CITY COUNCIL M1NUTES
April 15, 2003
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 15, 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 funding recommendations report from the Community
Development Advisory Committee (CDAC) and the Human Services Advisory Committee
(HSAC) and held a discussion regarding the proposed City of Denton 2003 Action Plan for
Housing and Community Development. (Committee Chairs provided briefings.)
Ed Touraine, Community Development Advisory Committee, presented the Community
Development Advisory Committee funding recommendations as noted in the agenda materials.
James McDade, Human Services Advisory Committee, presented the funding recommendations
of the Committee as noted in the agenda materials.
Council discussed the amount of funding for some agencies that included Council contingency
funds and the process of determining which agencies to fund.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the regular meeting of April 15, 2003.
Regular Meeting of the City of Denton City Council on Tuesday, April 15, 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 the following proclamations:
Fair Housing Month
National Community Development Week
Denton Cinco de Mayo Day
B. April Yard-of-the-Month Awards
Mayor Pro Tem Burroughs presented April Yard of the Month awards to:
Jerry and Katherine Graham
City of Denton City Council Minutes
April 15, 2003
Page 2
Mike and Susan Gill
Elizabeth and Kerry Thornhill
Robert and Ann Richardson
Mildred Hodges
Samm and Brent McAlister
Xeriscaped Yard - David and Shepora Baldwin
Business - The Selwyn School
C. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments to the Council.
3. CITIZEN REPORTS
C. The Council received citizen reports from the following:
1. Mike LeFebvre: sidewalks in the Lakeview Ranch Subdivision.
Mr. LeFebvre stated the subdivision was fashioned to be country living and the installation of
sidewalks would not be compatible with that type of development. He asked that sidewalks not
be installed in the development.
2. Tommy Bain: sidewalks in the Lakeview Ranch Subdivision.
Mr. Bain stated when he began the development he had requested no sidewalks for Phase ! with
the Planning and Zoning Commission reserving a decision for future development. Now it
appeared that sidewalks were being required for future development. Sidewalks were not needed
as there were many trails throughout the development that were used for walking, biking, etc.
Mayor Brock indicated that Donna Dews and Thomas Beitinger had submitted Speaker Cards in
support of the citizen reports.
3. Mike Cochran: quarterly review of Denton Development Code.
Mr. Cochran felt that the quarterly review of the Denton Development Code had not been done
as was originally intended. He felt that adequate public notice needed to be given and a work
session on the items should be held before consideration at the regular meeting. One of the
changes done in the Code would now allow apartments in a residential neighborhood under the
definition of attached single-family dwellings.
4. CONSENT AGENDA
McNeill motioned, Burroughs seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye",
Montgomery "aye", Phillips "aye", Redmon "aye" and Mayor Brock "aye". Motion carried
unanimously.
A. Approved the minutes of March 25, 2003 and April 1, 2003.
City of Denton City Council Minutes
April 15, 2003
Page 3
2003-102 - An ordinance authorizing the City Manager to execute a Local
Participation Advanced Funding Agreement for an on-system project as related to
the implementation of the proposed 1-35 E northbound ramp reversals between
Loop 288/Lillian Miller Parkway and State School Road/Mayhill Road (Brinker
Road) project in the City of Denton.
2003-103 - An ordinance authorizing the City Manager to execute a Local
Participation Advanced Funding Agreement for an on-system project as related to
the implementation of the proposed 1-35 E southbound ramp reversals between
Loop 288/Lillian Miller Parkway and State School Road/Mayhill Road (Wind
River Lane) project in the City of Denton.
2003-104 - An ordinance approving a real estate contract between the City of
Denton and Denton County relating to the purchase of the County's one half
undivided interest in 2.93 acres of land located in the Eugene Puchalski Survey,
Abstract No. 996, Denton County, Texas, and being part of a tract of land as
described by deed to the City of Denton, Texas and Denton County, as recorded
in Volume 383, Page 187, Deed Records, Denton County Texas; authorizing the
expenditure of funds therefore; and providing an effective date.
2003-105 - An ordinance of the City of Denton, Texas, authorizing the City
Manager to submit an application under the National School Lunch Act to obtain
funding for the 2003 Summer Food Service Program; if such funding is granted,
the City Manager is authorized to execute the Summer Food Service Program
agreement with the Texas Department of Human Services and execute a contract
with the Denton Independent School District and all additional documents and
agreements, as required; authorizing the expenditure of funds to administer the
program; and providing an effective date.
Approved a request for an exception to the Noise Ordinance for the purpose of the
Chi Omega, Alpha Alpha Chapter of the University of North Texas, "Just Wish
for It" Fun Walk, Sunday, April 27, 2003 at South Lakes Park.
Approved a request for an exception to the Noise Ordinance for the purpose of
construction on the Denton Aquatics Center by Charter Builders, LTD beginning
immediately through the completion of the project during the hours of 6:30 a.m.
and 8:30 p.m. Monday through Friday.
2003-106 - An ordinance accepting competitive bids and awarding an annual
contract for mowing for the Parks and Recreation Department; providing for the
expenditure of funds therefore; and providing an effective date (Bid 2980 -
Annual Mowing Contract (Parks) awarded to the lowest responsible bidders for
each item in the estimated amount of $32,000).
2003-107 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of laboratory analyses for the Pecan Creek Reclamation
Plant; providing for the expenditure of funds therefore; and providing an effective
City of Denton City Council Minutes
April 15, 2003
Page 4
date (Bid 2981 - Annual Price Agreement for Environmental Laboratory Contract
awarded to Ana-Lab Corp. in the estimated amount of $110,495).
2003-108 - An ordinance awarding a contract for the purchase of physical fitness
equipment for the New Central Fire Station; providing for the expenditure of
funds therefore; and providing an effective date (Bid 2987 - Physical Fitness
Equipment/New Central Fire Station awarded to the lowest responsible bidder for
each item for a total amount of $39,754.77).
2003-109 - An ordinance authorizing the City Manager or his designee to execute
change orders 19 and 20 to the contract between the City of Denton and Pharlap
Construction, Inc.; providing for the expenditure of funds therefore; and providing
an effective date (Bid 2791 - Solid Waste Facility Change Orders 19 and 20 in
the amount of $25,088).
5. PUBLIC HEARINGS
A. The Council held a public hearing inviting citizens to comment on the City of
Denton's 2003 Action Plan for Housing and Community Development.
Ed Touraine, Chair of the Community Development Advisory Committee, presented the
members of both committees. He indicated that he would answer any questions Council had
regarding the Committee recommendations.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Kae Fisher, 2601 W. Oak Shores Dr., Cross Roads, 76227 - Denton Affordable Housing
Sandra Benavides, 3008 Broken Bow, Denton, 76209 - Day Laborer Site
Suzanne Akins, 1216 Pin Oak Dr., Denton, 76209 - Adjustment to Disabilities Group
Lorraine Platt, 1021 Bayfield, Denton, 76209 - Adjustment to Disabilities Group
Peternia Washington, 618 E. Prairie, Denton, 76201 - review of funding for non-profit
organizations
Jane Provo, Denton Affordable Housing Corporation - favor of recommendations
Linnie McAdams, Denton Affordable Housing Corp. - favor of recommendations
Laura Williams, 1028 Springcreek Drive, Denton, 7210 - favor of recommendations
Guadalupe Saucedo - favor for Denton Affordable Housing
Princess Lister - requested funding for Walking Prayer Group
Roy Anderson, Denton Affordable Housing - favor of recommendations
The Mayor closed the public hearing.
Council discussed not increasing the funding commitment from the general fund and the use of
council contingency funds if Council wanted to increase funding to specific organizations or for
the funding of new organizations. Consensus of Council was to follow Option Two for funding
scenarios.
City of Denton City Council Minutes
April 15, 2003
Page 5
B. The Council held a public hearing and considered adoption of an ordinance
approving a Specific Use Permit for approximately 1.5 acres to allow a drive-thru facility. The
site was in a Neighborhood Residential Mixed Use (NRMU) zoning district. The subject
property was generally located at the southwest corner of Teasley Lane and Teasley Lane
opposite Wind River. A pharmacy with a drive-thru was proposed. The Planning and Zoning
Commission recommended approval (7-0). (Z03-0007)
Larry Reichhart, Assistant Director of Planning and Development, stated that the drive-through
was the portion of the development that required the specific use permit. The Planning and
Zoning Commission had recommended approval. The criteria for granting a specific use permit
was listed in the agenda materials. The specific use permit would be site specific for the drive-
through and only a pharmacy could use the drive-through. If the use changed, a new specific use
permit would be required.
The Mayor opened the public hearing.
The following individuals spoke during the public haring:
Robert Baldwin, CVS Pharmacy - favor
Karen Mitchell, Mitchell Planning Group - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-110
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A DRIVE-THRU FOR A PHARMACY ON APPROXIMATELY
1.7 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER
OF TEASLEY LANE (FM 2181), LILLIAN MILLER PARKWAY AND W1ND RIVER
LANE, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU)
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. (Z03-0007)
Burroughs motioned, Montgomery seconded to adopt the ordinance as recommended by the
Planning and Zoning Commission. 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 continued and re-convened the public hearing begun on March 25,
2003 regarding the amendment of land use assumptions and capital improvements plan, and the
possible imposition of an amended impact fee for water and wastewater.
Jim Coulter, Director of Water/Wastewater, reviewed the impact fee recommendations.
The Mayor opened the public hearing.
City of Denton City Council Minutes
April 15, 2003
Page 6
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council discussed the level of the impact fee and the review of prior philosophy of impact fees.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered an ordinance of the City of Denton, Texas, prescribing
regulations regarding a rate filing package to include specific schedules, data, and other
information to be provided to the municipality by gas utilities as part of the statement of intent to
increase rates under the gas utility regulatory act; providing that this ordinance is cumulative and
that other information may be required to be submitted; providing for the use of forms as part of
the statement of intent; requiring that the rate filing package be supported by affidavit; providing
for expert assistance; providing for compliance with other laws; providing for a waiver of these
filing requirements on good cause but no waiver of jurisdiction; providing for the treatment of
proprietary gas utility information; providing for notice; providing for a civil penalty in the
maximum amount of $500.00 for violations thereof, providing for a savings clause; providing a
severability clause; and providing an effective date.
Mayor Brock left the meeting with a conflict of interest.
Herb Prouty, City Attorney, reviewed the details of the ordinance. The ordinance was designed
to simplify the process for the rate consultants to review future rate filing packages by gas
utilities.
The following ordinance was considered:
NO. 2003-111
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING
REGULATIONS REGARDING A RATE FILING PACKAGE TO INCLUDE
SPECIFIC SCHEDULES, DATA, AND OTHER INFORMATION TO BE PROVIDED
TO THE MUNICIPALITY BY GAS UTILITIES AS PART OF THE STATEMENT OF
INTENT TO INCREASE RATES UNDER THE GAS UTILITY REGULATORY ACT;
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE AND THAT OTHER
INFORMATION MAY BE REQUIRED TO BE SUBMITTED; PROVIDING FOR THE
USE OF FORMS AS PART OF THE STATEMENT OF INTENT; REQUIRING THAT
THE RATE FILING PACKAGE BE SUPPORTED BY AFFIDAVIT; PROVIDING
FOR EXPERT ASSISTANCE; PROVIDING FOR COMPLIANCE WITH OTHER
LAWS; PROVIDING FOR A WAIVER OF THESE FILING REQUIREMENTS ON
GOOD CAUSE BUT NO WAIVER OF JURISDICTION; PROVIDING FOR THE
TREATMENT OF PROPRIETARY GAS UTILITY INFORMATION; PROVIDING
FOR NOTICE; PROVIDING FOR A CIVIL PENALTY IN THE MAXIMUM
AMOUNT OF $500.00 FOR VIOLATIONS THEREOF, PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
City of Denton City Council Minutes
April 15, 2003
Page 7
Fulton motioned, McNeill seconded to adopt the revised ordinance presented by the City
Attorney. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye",
Phillips "aye", and Redmon "aye". Motion carried unanimously.
Mayor Brock returned to the meeting.
B. The Council considered nominations and appointments to the City's Boards and
Commissions.
Council voted on the nominations made at the previous meeting - Darla Bostick to the Animal
Shelter Advisory Committee, Diana Hatch to the Historic Landmark Commission and Sherri
McDade to the Library Board. Burroughs motioned, Montgomery seconded to approve the
nominations. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye",
Phillips "aye", Redmon "aye" and Mayor Brock "aye". Motion carried unanimously.
C. New Business
The following items of New Business were suggested by Council Members for future agendas:
Council Member Fulton requested a work session on the requirements for
dumpsters for business, apartments.
Council Member McNeill requested a discussion or staff report on the
sidewalk requirements in the Lakeview subdivision.
Council Member McNeill requested a memo regarding the quarterly and
annual code review and to set a schedule for the next review.
Council Member Phillips requested information on increasing the number of
voting locations on election day for future elections.
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 the Closed Meeting.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action taken on Closed Meetings items.
City of Demon City Council Minutes
April 15, 2003
Page 8
With no further business, the meeting was adjourned at 8:40 p.m.
EUL1NEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS