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Minutes May 13, 2003CITY OF DENTON CITY COUNCIL M1NUTES May 13, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 13, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Kamp, Montgomery, Redmon and Thomson. ABSENT: Council Members McNeill and Redmon 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of May 13, 2003. Following the completion of the Work Session, the Council convened in a Closed Meeting to consider the following: 1. Council considered the following in Closed Meeting: Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberated the purchase and value of real property interests for street, utility and right-of-way purposes in the Nathaniel Britton Survey, Abstract No. 51 Denton County, Texas, and being an approximate 0.08 acre tract located between the northwest corner of the Ryan Ranch Addition and the southeast corner of the proposed Thistle Hill Estates, Phase II; which acquisition is for a public purpose. Received legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interests. (Creekdale Drive Connection) Deliberations regarding economic development negotiations - Under TEXAS GOVERNMENT CODE Section 551.087. Deliberated and discussed commercial or financial information received from a business prospect and offers of financial or other incentives to the business prospect for the purposes of economic development negotiations relating to the development of facilities of Sally Beauty Company on a 24 acre parcel of land located north of the intersection of Brinker Road and Colorado Boulevard in the J. White Survey, Abstract No. 1433, in the City of Denton. Council Member Redmon arrived during the Closed Session. Regular Meeting of the City of Denton City Council on Tuesday, May 13, 2003 at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes May 13, 2003 Page 2 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 Brock presented the following proclamations: Denton High School Girls Soccer Team Day TWU Pioneers Gymnastic Team Drinking Water Week in Denton Alternative Transportation & Air Quality Awareness Day B. May Yard-of-the-Month Awards Mayor Brock presented the May Yard-of-the Month awards to: Dwayne and Stacy Waters Mark and Margaret Eddings Vickie and James Wilson Mike and Susan Murray Hollye and William Green John and Tracey Baines Sandy Taylor and Laurie McClurg - Xerscaped Yard Taco Cabana - Business C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council and audience. 3. CITIZEN REPORTS A. The Council received citizen reports from the following: Peternia Washington: government grants, HUD, non-profits, and the City of Denton. Ms. Washington was not present at the meeting. John Wolfe: need for emergency medical capabilities closer to Robson Ranch. Mr. Wolfe stated he and his neighbors wanted the City to begin construction of an emergency facility closer to Robson Ranch in order to reduce the response time for emergencies. It had been indicated that the construction time had been extended to possibly the year 2007 instead of City of Denton City Council Minutes May 13, 2003 Page 3 beginning in late 2003 as earlier indicated. He felt that solutions could be found if everyone worked as a team. Mayor Brock indicated that the following individuals had submitted cards of support: Nancy and Fred Walsh, 10105 Countryside, Denton, 76207 Dwight Olson, 10413 Countryside, Denton, 76207 Linda Chapman, 9312 Grandview, Denton, 76207 Joyce Joiner, 9516 Grandview, Denton, 76207 Cynthia and Brian Allison, 10009 Countryside, Denton, 76207 Lora and Richard Bolstad, 9405 Avalon, Denton, 76207 Henry Gill, 10516 Countryside, Denton, 76207 John Fagin, 10508 Countryside, Denton, 76207 Larry Kykes, 10104 Countryside, Denton, 76207 Dwight Evans, 9209 Grandview, Denton, 76207 Kay and Dick Howarth, 10013 Countryside, Denton, 76207 Gary and Karen Hecht, 9712 Grandview, Denton, 76207 Susan Hakel, 10500 Gardner Trail, Denton, 76207 Larry Walter, 9405 Parkview Court, Denton, 76207 Raymond Bacc, 9616 Grandview, Denton, 76207 Dale Valentine, 9709 Pinewood, Denton, 76207 David Homeier, 9717 Grandview, Denton, 76207 Tom Rose, 10409 Countryside, Denton, 76207 Dale Hakel, 10500 Gardner Trail, Denton, 76207 Monroe Glaser, 10501 Gardner Trail, Denton, 76207 Judy and J. B. Spalding, 9405 Grandview, Denton, 76207 Myron and Linda Zisman, 9313 Grandview, Denton, 76207 Edward and Caroline Westbrook, 9413 Perimeter, Denton, 76207 Richard Stream, 9213 Grandview, Denton, 76207 Jane Oxley, 9412 Perimeter, Denton, 76207 Laurel Evans, 9209 Grandview, Denton, 76207 Dave and Joan Wood, 9308 Grandview, Denton, 76207 Fjola Jeffries, 9301 Grandview, Denton, 76207 Tom and Loraine Kenney, 9304 Perimeter, Denton, 76207 George and Jane Klein, 9401 Trailwood, Denton, 76207 3. Ed Soph: Eureka Playground Mr. Soph felt that Eureka Playground should be closed until proven safe rather than keeping it open until proven dangerous due to the treated wood used in the building of the playground equipment. 4. Jane Fulton: lack of care of rock creeks Ms. Fulton stated that she was concerned about the historical rock creeks in Denton that were being neglected. These creeks should be preserved rather than being neglected as they were of historical value to the City. City of Denton City Council Minutes May 13, 2003 Page 4 4. CONSENT AGENDA Mayor Brock indicated that Item 4S and 4T had been pulled for separate consideration. Item 4P would also be considered separately as Mayor Pro Tem Burroughs had a conflict of interest with that item. Burroughs motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances with the exception of Items 4P, 4S and 4T. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Item 4P was considered. Mayor Pro Tem Burroughs left the meeting with a conflict of interest. Montgomery motioned, Thomson seconded to approve Consent Agenda Item 4P. On roll vote, Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Mayor Pro Tem Burroughs returned to the meeting. Items 4S and 4T were considered together. Melba Gene Ryan, property owner, spoke in opposition to the proposal. Council questions and discussions dealt with the city having the right to condemn property outside the city limits, the City's purpose for the right of way property and why this was being done at this time. Montgomery motioned, Thomson seconded to approve Items $ and T. Mayor Pro Tern Burroughs requested that staff be given direction to negotiate additional time for consensus with the property owner. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of April 8, 2003 and April 15, 2003. 2003-113 - An ordinance of the City of Denton, Texas approving a lease agreement between the City of Denton and the Denton Mall Company, L.P. for the City Hall in the Golden Triangle Mall; authorizing the expenditure of funds therefor; and providing an effective date. 2003-114 - An ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton Amendment No. 2 to an Airport Project Participation Agreement with the Texas Department of Transportation dated December 4, 2001 relating to the construction of improvements at the Denton Municipal Airport; and declaring an effective date. City of Denton City Council Minutes May 13, 2003 Page 5 2003-115 - An ordinance of the City of Denton authorizing an agreement between the City of Denton and the Federal Aviation Administration to provide for air traffic controllers at the Denton Municipal Airport; and providing an effective date. 2003-116 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of rubber goods testing; providing for the expenditure of funds therefor; and providing an effective date (Bid 2976 - Annual Price Agreement for Rubber Goods Testing awarded to Texas Meter and Device Company in the estimated amount of $25,000). 2003-117 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of electric meters, CTs, meter sockets and related items; providing for the expenditure of funds therefor; and providing an effective date (Bid 2982 - Annual Price Agreement for Electric Meters, CTs, Meter Sockets and Related Items awarded to the lowest responsible bidders for each item in the estimated amount of $200,000). 2003-118 - An ordinance authorizing the City Manager to execute change number one to the contract between the City of Denton and Visionair, Inc; providing for the expenditure of funds therefor; and providing an effective date (Ordinance 2000-457; File 2640 - Agreement for Purchase, Licensing, Programming, Implementation, Training, Service and Support of Fire and Police Support Software and Hardware between the City of Denton and Visionair, Inc. awarded to Visionair, Inc. in the amount of $1,237,934.95 and File 3018 - Change Order No. One in the deduct amount of $55,247.60 for a total amount of $1,182,687.35) 2003-119 An ordinance authorizing the City Manager to approve a Memorandum of Understanding (MOU) with the University of North Texas to authorize participation in various research projects originated by the City of Denton; providing for the expenditure of funds therefor; and declaring an effective date (File 3024 - Memorandum of Understanding with the University of North Texas). 2003-120 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 3017 - Electrical Energy Transmission Fees in the total amount of $1,195,204.31). 2003-121 - An ordinance of the City of Denton, Texas, authorizing the Mayor to execute an amendment to the two interlocal agreements by and between the City of Denton, Texas and the Denton Independent School District dated May 15, 2001 and May 14, 2002 pertaining to an aquatic center, in order to authorize the City's construction of a skate park on a portion of the aquatic center property; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes May 13, 2003 Page 6 2003-122 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Denton Skate Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 2992 - Denton Skate Park Project awarded to Calvert Paving Corporation in the amount of $60,645). 2003-123 - An ordinance accepting competitive bids and awarding a public works contract for dry boring, casing and PVC conduit installations; providing for the expenditure of funds therefor; and providing an effective date (Bid 2995 - Annual Price Agreement for Dry Boring, Casing and PVC Conduit Installation awarded to LB&L Cable, Inc. in the estimated amount of $106,128). 2003-124 - An ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for road improvements for a bridge bypass on Loop 288 north of Colorado; authorizing the expenditures of funds therefor; and providing an effective date. 2003-125 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Loop 288 East Temporary Traffic Diversion; providing for the expenditure of funds therefor; and providing an effective date (Bid 3014 - Loop 288 East Temporary Traffic Diversion awarded to Austin Bridge and Road, LP in the amount of $185,292.16). 2003-126 - An ordinance authorizing the City Manager, or his designee to execute a Real Estate Contract for the acquisition of approximately 3.0 acres being a tract conveyed to Frederick A. Beardsley and wife, Carol Ann Beardsley as recorded by Deed in Volume 1054, Page 889, of the Real Property Records of Denton County, Texas, said property being located in the G. Walker Survey, Abstract Number 417, Denton County Texas; authorizing the expenditure of funds therefor; and declaring an effective date. (Pecan Creek Water Reclamation Plant Future Expansion) 2003-127 - An ordinance by the City of Denton abandoning and vacating a portion of an easement to the City of Denton, Texas recorded in Volume 4397, Page 1364 of the Real Property Records of Denton County, Texas as it affects Lot 1, Block A of the Lissberger Addition; and providing an effective date. 2003-128 - An ordinance authorizing the City Manager, or his designee to execute an Interlocal Agreement with Texas Woman's University to enable an exchange of easements and services to accommodate utility relocations and easements; and declaring an effective date. (Austin Street Sanitary Sewer) 2003-129 - An ordinance by the City of Denton abandoning and vacating a portion of a drainage and utility easement to the City of Denton, Texas recorded by Clerk's File No. 94-R0077739 of the Real Property Records of Denton County, Texas as it affects Lot 1R, Block 1 of the Denton Regional Medical Center Addition; and providing an effective date. City of Denton City Council Minutes May 13, 2003 Page 7 2003-130 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.08 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Denton and said property being located in the Nathaniel Britton Survey, Abstract Number 51 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Wayne S. Ryan and Shelton Ryan recorded in Volume 2522, Page 898 of the Real Property Records of Denton County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for street, utility and right-of-way purposes; and declaring an effective date. 2003-131 - An ordinance of the City of Denton, Texas approving an agreement between the City of Denton and Denton Thistle Hill Partners, L.P. for the acquisition by purchase or condemnation of an approximate 0.08 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Denton and said property being located in the Nathaniel Britton Survey, Abstract Number 51 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Wayne S. Ryan and Shelton Ryan recorded in Volume 2522, Page 898 of the Real Property Records of Denton County, Texas; and providing an effective date. Approved a variance of Section 35.20.2 (L.3.a.) of the Code of Ordinance concerning improvements to a perimeter street. The parcel contains approximately 23 acres and is generally located on the northwest corner of Vintage Boulevard and Bonnie Brae Street. The property is zoned Planned Development 139 (PD-139). Single-family residential lots are proposed. The Planning and Zoning Commission recommends approval (7-0). (Vintage Addition Phase 2-B, perimeter street improvements, F03-0006) 2003-132 - An ordinance ratifying a PCB Waste Disposal Agreement between the City of Denton, Texas and L.W. Environmental Services, Inc. for the removal of polychlorinated biphenyls at the Spencer electric pole yard; authorizing the expenditure of funds therefor, being an emergency procurement, which is exempt from competitive bidding; and providing an effective date. (Purchase Order for amount not to exceed $42,886.95) 5. PUBLIC HEARINGS A. The Council held the first to two public hearings to consider the voluntary annexation and service plan for approximately 67.69 acres of land generally located north and east of Teasley Lane (FM 2181), and west of Blue Bonnett, in the southeastern section of the City of Denton Extraterritorial Jurisdiction (ETJ). (Teasley Lane High School Annexation, A03- 000/) City of Denton City Council Minutes May 13, 2003 Page 8 Larry Reichhart, Assistant Director of Planning and Development, detailed the location of the site and proposed annexation dates. He also reviewed of the annexation process. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed public hearing. B. The Council held a public hearing and considered adoption of an ordinance regarding an Alternative Development Plan for approximately 0.5 acres located in a Downtown Residential 2 (DR-2) zoning district. The property was generally located at the corner of Avenue A and Fannin. A multi-family development was proposed. The Planning and Zoning Commission recommended approval (7-0). (ADP03-O004, Ave A & Fannin) Larry Reichhart, Assistant Director of Planning and Development, detailed the location of the site and the proposed development. The alternative development plan would give a street presence in the front of the building but the main entrance would be at the rear of the building. It was felt that this type of alternative development would provide more security for the residents. The Mayor opened the public hearing. Karen Mitchell, Mitchell Planning Group, spoke in favor. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-133 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 0.5 ACRE OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF AVENUE A AND FANN1N STREET, WITHIN A DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING AN ARTIFICIAL FACADE THAT WILL APPEAR TO BE THE MAIN ENTRY FROM AVENUE A; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP03-0004) Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 6 acres from Regional Center Commercial Neighborhood (RCC-N) to Regional Center Commercial Downtown (RCC-D). The property commonly known as 4901 1- 35N was generally located approximately 1600 feet north of Schuyler Drive on the west side of City of Denton City Council Minutes May 13, 2003 Page 9 1-35N. The existing RV sales and future display areas were proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0008, 1-35 RI/' Center) Larry Reichhart, Assistant Director for Planning and Development, stated that the proposal was for an expansion at the rear of the property for the existing RV sales area. The Mayor opened public hearing. No one spoke during public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-134 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 6.0 ACRES OF LAND GENERALLY LOCATED ALONG THE WEST SIDE OF 1-35, APPROXIMATELY 1600 FEET NORTH OF SCHUYLER DRIVE 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. (Z03-0008) Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "nay". Motion carried with a 5-1 vote. D. The Council held a public hearing and considered adoption of an ordinance for a Specific Use Permit to allow gas well development. The approximately 95 acre site was in a Neighborhood Residential 6 (NR-6) zoning district and was generally located east of the intersection between Bonnie Brae and the future extension of Vintage Boulevard. Two gas well sites were proposed. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z03-O011, JOAB A&B Unit ~1) Larry Reichhart, Assistant Director for Planning and Development, stated that a specific use permit for the proposed gas well development was required in neighborhood residential centers. The Planning and Zoning Commission had recommended six conditions as noted in the agenda materials. The Mayor opened the public hearing. Karen Mitchell, Mitchell Planning Group, spoke in favor of the proposal. She requested a clarification on condition four. Her understanding was that the wooden fence would be installed at the time of production as this was a visual screen and not a security fence. City of Denton City Council Minutes May 13, 2003 Page 10 The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-135 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 95 ACRES OF LAND GENERALLY LOCATED EAST OF THE INTERSECTION OF BONNIE BRAE AND THE FUTURE EXTENSION OF VINTAGE BOULEVARD IN THE WILLIAM ROARK SURVEY, ABSTRACT NO. 1087, WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z03-0011) Burroughs motioned, Kamp seconded to adopt the ordinance with the conditions from the Planning and Zoning Commission and the understanding that the wooden fence would be installed at the time of production. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council Member Redmon left the meeting. E. The Council was to hold a public hearing and consider adoption of an ordinance for a Specific Use Permit to allow gas well development. The approximately 17.3 acre property was in a Neighborhood Residential 6 (NR-6) zoning district and was generally located south of Hickory Creek Road approximately 1000 feet west of Teasley Lane. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z03-0012, Meredith ~1) Mayor Brock announced that the petitioner had requested a postponement of the proposal. The Mayor opened the public hearing. Montgomery motioned, Burroughs seconded to continue the public hearing to the June 3rd council meeting. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council Member Redmon returned to the meeting. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance establishing an economic development program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Sally Beauty Company, Inc. regarding the development of an approximate 24 acre parcel of land located north of the intersection of Brinker Road and Colorado Blvd. in the J. White Survey, Abstract No. City of Denton City Council Minutes May 13, 2003 Page 11 1433, in the City of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. Linda Ratliff, Director of Economic Development, presented the details of the proposal. She indicated that Sally Beauty Company would be developing a new facility in Denton. The following ordinance was considered: NO. 2003-136 AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUS1NESS ACTIVITY IN THE CITY OF DENTON; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH SALLY BEAUTY COMPANY, INC. REGARDING THE DEVELOPMENT OF AN APPROXIMATE 24 ACRE PARCEL OF LAND LOCATED NORTH OF THE INTERSECTION OF BRINKER ROAD AND COLORADO BLVD. IN THE J. WHITE SURVEY, ABSTRACT NO. 1433, IN THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Redmon seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered for adoption an ordinance of the City of Denton, Texas updating impact fees by amending Chapter 26, "Utilities," Section 26-210 through 26-232 of the City of Denton Code of Ordinances; adopting revised land use assumption and capital improvements plans for water and wastewater impact fees; establishing new service areas for wastewater impact fees; establishing new maximum impact fees per service unit and impact fees to be collected; creating schedules for the assessment and collection of impact fees; revising procedures for administering impact fees; repealing conflicting ordinances and resolutions; providing a severability clause; providing for a penalty not to exceed $2,000 for each violation thereof; and providing an effective date. Howard Martin. Assistant City Manager for Utilities, stated that the updating of the impact fees was started in February of this year. He reviewed the process to date. The Public Utilities Board was recommending a water fee based on single calculated credit fee but two separate zones and a phased fee for wastewater. There would also be separate fees for Hickory/Pecan Creek, Clear Creek and single family homes less than 1,300 square feet. The following ordinance was considered: NO. 2003-137 AN ORDINANCE OF THE CITY OF DENTON, TEXAS UPDATING IMPACT FEES BY AMENDING CHAPTER 26, "UTILITIES," SECTION 26-210 THROUGH 26-232 City of Denton City Council Minutes May 13, 2003 Page 12 OF THE CITY OF DENTON CODE OF ORDINANCES; ADOPT1NG REVISED LAND USE ASSUMPTION AND CAPITAL IMPROVEMENTS PLANS FOR WATER AND WASTEWATER IMPACT FEES; ESTABLISHING NEW SERVICE AREAS FOR WASTEWATER IMPACT FEES; ESTABLISHING NEW MAXIMUM IMPACT FEES PER SERVICE UNIT AND IMPACT FEES TO BE COLLECTED; CREATING SCHEDULES FOR THE ASSESSMENT AND COLLECTION OF IMPACT FEES; REVISING PROCEDURES FOR ADMINISTERING IMPACT FEES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered nominations and appointments to the City's Boards and Commissions. Mayor Brock nominated Darlene Mullenweg to the Historic Landmark Commission. Mayor motioned, Montgomery seconded to suspend the rules and vote on the nomination at this meeting and to confirm the nomination of Darlene Mullenweg. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. New Business There were no items of New Business suggested by Council Members for future agendas: 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. F. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. 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 8:35 p.m. City of Demon City Council Minutes May 13, 2003 Page 13 JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS