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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