Loading...
Minutes July 22, 2003CITY OF DENTON CITY COUNCIL MINUTES July 22, 2003 The City of DeNon City Council was invited by the University of North Texas to participate in a complimentary bus tour of Denton on the University of North Texas' "Regal Eagle" on Tuesday, July 22, 2003 departing from the City Hall parking lot at 3:30 p.m. After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, July 22, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of July 22, 2003. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the items listed. 1. The Council considered the following in Closed Meeting: mo Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. 1. Deliberated the purchase and value of real property imerests for park and street purposes in the M.E.P. & P.R.R. Survey Abstract 950 and being an approximate 10.965 acre tract and a 2.689 acre tract, located at the southwest corner of State School Road and Brighton Street, Denton, Texas; which acquisition was for a public purpose. Received legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition of such real property imerests. Bo Deliberations regarding certain public power utilities: Competitive Matters --- Under TEXAS GOVERNMENT CODE Section 551.086. Received competitive electric information, including commercial information, from DeNon Municipal Electric ("DME") staff relating to its competitive activities, to wit: the possible acquisition of 800 MHz radio frequencies from a third party, respecting DME's trunked radio system. Discussed, deliberated, considered, provided staff with direction, and took final action regarding the foregoing matter. Regular Meeting of the City of DeNon City Council on Tuesday, July 22, 2003 at 6:30 p.m. in the Council Chambers at City Hall. City of DeNon City Council Minutes July 22, 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 There were no proclamations/awards presemed at this meeting. B. Recognition of staff accomplishments City Manager Conduffpresemed staff accomplishmems to the Council. 3. CITIZEN REPORTS A. The Council received citizen reports from the following: 1. Dr. John Paul Eddy regarding need for new tree ordinance. Dr. Eddy stated he was concerned about the environmem in the city and felt that more needed to be done to preserve trees. He presemed values associated with trees such as soil/water quality value, memal health values, cooling/shade value, increase local property tax values. A good ordinance was needed; enforcement must be in place and all citizens needed to be tree watchers so as to maintain trees in the city. 2. Serena Eckert regarding realignmem of Lakeview Blvd. Mayor Brock indicated that the third speaker had asked that his time be given to Ms. Eckert, as he was unable to attend. Consensus of Council was to allow the additional time. Ms. Eckert stated Council should not consider Route 5 for the proposed realignmem of Lakeview Blvd. She felt that the proposed route would be dangerous for children attending Pecan Creek Elememary School. The proposed route would have a six lane, 45 mile per hour traffic pattern. She was in favor of the proposed Route 4, as it would reduce the danger to pedestrians in the area. The nature preserve in the area would also be in danger with Route 5. 3. Darryle Petters regarding realignmem of Lakeview Blvd. Mr. Petters was not present at the meeting. 4. CONSENT AGENDA Burroughs motioned, McNeill seconded to approve the Consem Agenda and accompanying ordinances. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Demon City Council Minutes July 22, 2003 Page 3 mo 2003-221 - An ordinance of the City of Demon, Texas to declare the imem to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation so that a project for the acquisition of approximately 13.65 acres of land from the State of Texas for parks and street purposes can be consummated, such land being located at the southwest comer of State School Road and Brighton Street in the City of Denton; declaring an emergency and amending the 2003-2004 Capital Improvement budget to allow the funding for said project; and providing an effective date. (Land purchase and related costs-$189,000.00) Bo 2003-222 - An ordinance of the City of Demon, Texas approving a Real Estate Contract between the City of Denton, The State of Texas by and through the Texas Department of Mental Health and Mental Retardation and The School Land Board for the purchase of an approximate 10.965 acre tract and a 2.689 acre tract of land located adjacent to the Denton State School in the M.E.P. & P.R.R. Survey, Abstract No. 950 in the City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. Co 2003-223 - An ordinance authorizing the City Manager or his designee to execute a contract for an Electrical Utility Easement consisting of 1.11 acres, being part of Section 3, Tract 6 conveyed to Rayzor Investments, Ltd. by deed recorded in Volume 1796, Page 601 of the Real Property Records of Demon County, Texas, said property being located in William Neill Survey, Abstract No. 970, Demon County Texas; authorizing the expenditure of funds therefore; and providing an effective date. (West Demon Electric Project) Do 2003-224 - An ordinance abandoning and vacating a portion of a sewer line Easement from J. Newton Rayzor to the City of Denton, as recorded in Volume 514, Page 581 of the Real Property Records of Denton County, Texas, being a part of the E. Puchalski Survey, Abstract No. 996, and declaring an effective date. mo 2003-225 - An ordinance abandoning and vacating a portion of a sixteen foot wide drainage and utility easemem affecting Lot 4, Block 2 of Southmom Place, an addition to the City of Denton according to the plat thereof which is located in the C. Poulallier Survey, Abstract No. 1006; and declaring an effective date. Fo 2003-226 - An ordinance of the City of Demon, Texas authorizing the expenditure of funds for paymems by the City of Demon for Wide Area Network Charges to the Electric Reliability Council of Texas; and providing an effective date (File 3055 to the Electric Reliability Council of Texas (ERCOT) in the estimated amoum of $57,000). Go 2003-227 - An ordinance approving the expenditure of funds for the purchase of the renewal fee for maimenance of the City of Demon's Public Safety software provided by VisionAir and available from only one source in accordance with the provision for state law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3054 to VisionAir in the amoum of $140,832). City of DeNon City Council Minutes July 22, 2003 Page 4 2003-228 - An ordinance accepting competitive bids and awarding a comract for the purchase of prevemive maintenance services for City vehicles; providing for the expenditure of funds therefore; and providing an effective date (Bid 3023 - Preventive Maintenance Services awarded to USA Lube and Tune in the estimated amoum of $50,000). 2003-229 - An ordinance awarding a comract for the purchase of a trailer mourned underground puller for DeNon Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3040 - Trailer Mounted Underground Puller awarded to TSE International, Inc. in the amoum of $76,720). J. Approved appoimmems to the following boards and commissions: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Airport Advisory Board Animal Shelter Advisory Committee Community Developmem Advisory Committee Construction Advisory and Appeals Board Historic Landmark Commission Human Services Advisory Committee Library Board Parks, Recreation and Beautification Board TMPA Traffic Safety Commission Zoning Board of Adjustmem 2003-230 - An ordinance of the City of DeNon, Texas approving an amendmem to an airport lease between the City of Denton and Ezell Aviation, Incorporated and a partial assignment to George Dalton; and providing an effective date. 5. PUBLIC HEARINGS Teasley Lane High School, The approximately 67.69 acre site was generally located north and east of Teasley Lane (FM 2181) and west of Blue Bonnett. The Council considered adoption of an ordinance on second reading to volumarily annex approximately 67.69 acres. (403-0001, Teasley Lane High School) (Not a public hearing) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. A high school was proposed for the site. The following ordinance was considered: City of Demon City Council Minutes July 22, 2003 Page 5 NO. 2003-231 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING APPROXIMATELY 67.69 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, 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 IN THE J.C. BAKER SURVEY ABSTRACT NUMBER 47, DENTON COUNTY, TEXAS AND BEING PART OF THE CALLED 13.404 ACRE TRACT DESCRIBED IN THE DEED FROM GLENN WAYNE GRAY, JR. ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 874 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A PART OF THE CALLED 13.406 ACRE TRACT DESCRIBED IN THE DEED FROM BRANDON S. GRAY ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 870 OF THE SAID REAL PROPERTY RECORDS, A PART OF THE CALLED 13.387 ACRE TRACT DESCRIBED IN THE DEED FROM CHARLES RUDY ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 860 OF THE REAL PROPERTY RECORDS, AND THE CALLED 37.595 ACRE TRACT DESCRIBED IN THE DEED FROM CLAUDE D. ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 865 OF THE REAL PROPERTY RECORDS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A03-0001) McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. The Council held a public hearing and considered adoption of an ordinance zoning approximately 67.69 acres of land to a Neighborhood Residemial 2 (NR-2) zoning district. A public high school was proposed. The Planning and Zoning Commission recommended approval (5-0). (Z03-0016, Teasley Lane High School) The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-232 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 67.69 ACRES LOCATED IN THE J. C. BAKER SURVEY, ABSTRACT NO. 47, IN THE CITY OF DENTON, TEXAS, TO THE NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT City of DeNon City Council Minutes July 22, 2003 Page 6 CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED NORTH AND EAST OF TEASLEY LANE (FM 2818) AND WEST OF BLUE BONNETT, IN THE CITY OF DENTON; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND AN EFFECTIVE DATE. (Z03- 0016) Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance on second reading, establishing the extension of the cable television franchise between the City of Denton and Charter Communications; providing a severability clause; and providing an effective date. John Cabrales, Public Information Officer, presented the details on the extension of the cable television franchise. The following ordinance was considered: SECOND READING AN ORDINANCE ON SECOND READING, ESTABLISHING THE EXTENSION OF THE CABLE TELEVISION FRANCHISE BETWEEN THE CITY OF DENTON AND CHARTER COMMUNICATIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Kamp seconded to adopt the ordinance on second reading. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. commissions: The Council considered nominations/appoimmems to the following boards and 2. 3. 4. 5. Human Services Advisory Committee Library Board Planning and Zoning Commission Public Utilities Board Zoning Board of Adjustmem Burroughs requested Council go imo Executive Session to discuss nominations to the Planning and Zoning Commission and the Zoning Board of Adjustmem. McNeill seconded the request. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Momgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council reconvened into Open Session. Burroughs motioned, Montgomery seconded to take no action on the item and reconsider it at the August 5th meeting. On roll vote, Burroughs "aye", City of Demon City Council Minutes July 22, 2003 Page 7 Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. New Business There were no items of New Business were suggested by Council for future agendas: D. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff reminded Council of the opening of the North Branch library and the upcoming planning session. E. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of 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 on Closed Meeting items. With no further business, the meeting was adjourned at 7:40 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS