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Minutes October 07, 2003CITY OF DENTON CITY COUNCIL M1NUTES October 7, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 7, 2003 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern 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 regular meeting of October 7, 2003. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the items listed below under the Closed Meeting section of this agenda. 1. The following was considered in Closed Meeting A. Consultation with Attorney - Under Tex. Gov't Code {}551.071. Discussed and considered legal issues with the City's attorneys concerning the Referendum Petition filed with the City Secretary to repeal Ordinance No. 2003-265 (the Solid Waste Rate Ordinance) and related matters, including a legal opinion on the Ordinance requested by a Public Utility Board member, where to discuss these legal issues with the attorneys in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. The City Council attended a reception and dedication of the City's newly created display honoring Denton's former Mayors and City Managers. Regular Meeting of the City of Denton City Council on Tuesday, October 7, 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 Brock presented a proclamation for Fire Prevention Week. B. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. City of Denton City Council Minutes October 7, 2003 Page 2 3. CITIZEN REPORTS J. The Council received citizen reports from the following: Nell Yeldell regarding high utilities, drainage ditches, and the concrete plant. Ms. Yeldell was not present at the meeting. 2. Maureen Jamail regarding Lakeview Boulevard. Ms. Jamail felt that there were questions from the prior council meeting regarding the alignment of Lakeview Boulevard that had not been answered. She had researched those questions and wanted to share her answers with Council. A copy of her comments was included with the agenda back-up materials. 3. Ed Soph regarding growing concerns over Acme Brick. Mr. Soph stated Acme Brick had applied for a renewal of its air quality permit. He questioned what Acme Brick had done over the past to improve air quality in the City of Denton. He cited figures of air emissions produced by Acme Brick. He requested the Council assist residents to petition the Texas Commission on Environmental Quality to hold a public hearing in regards to this air quality permit. 4. Dessie Goodson regarding general city issues. Ms. Goodson stated the Council had not kept their campaign promises by selling out the landfill to outside entities. She also expressed concern about the route timing of the L1NK buses. 5. Alice Gore regarding Acme Brick's air quality control application. Ms. Gore stated that Acme Brick had applied for an air quality control application that until this time had been grandfathered. She detailed the area that would be affected by the emissions from the brick plant. Many people would be affected by the emissions in areas such as schools and parks. The residents of the Denia Park area were requesting a public hearing from the Texas Commission on Environmental Quality and were requesting that the Council support that request. 4. CONSENT AGENDA Mayor Brock indicated that Item P had been pulled from consideration. Burroughs motioned, Montgomery seconded to approve the Consent Agenda and the accompanying ordinances and resolutions with the exception of Item P. Mayor Brock indicated that Donald Nance, 616 Driftwood, Denton, 76209 had submitted a Comment Card in opposition to Item 4H. City of Denton City Council Minutes October 7, 2003 Page 3 On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of September 2, 9 and 16, 2003. 2003-314 - An ordinance of the City of Denton, Texas, approving a service agreement between the City of Denton, Texas and Our Daily Bread - St Andrew Presbyterian Church in the amount of $1,500.00, to provide expenditures for free meals and free bus tokens for low-income persons; providing for the expenditure of funds therefor; and providing for an effective date. 2003-315 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Freese and Nichols, Inc. for engineering services pertaining to the preparation of a Water Utility Vulnerability Assessment and a Water Utility Emergency Response Plan; authorizing the expenditure of funds therefor; and providing an effective date. Approved tax refunds for the following property taxes: Name Reason Year Amount ~ gI~s~nt ~ h~i~ ~P~i ate~Y~ent ~0¢)~ $~ 0gA05 2. Jonathan Littmann Duplicate Payment 2002 $1,158.27 Approved an exaction variance of Section 35.20.3(B) of the Code of Ordinances concerning a perimeter street's sidewalk requirements. The parcel contained approximately 0.23 acres and was located at 1214 Morse Street. The property was within a Neighborhood Residential-4 (NR-4) zoning district. The Planning and Zoning Commission recommended approval. (T03-O011, Morse Street Addition) 2003-316 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Distribution Gang Operated Air Break Switches; providing for the expenditure of funds therefor; and providing an effective date (Bid 3077 - Annual Price Agreement for Distribution Gang Operated Air Break (GOAB) Switches awarded to Hughes Supply in the estimated amount of $40,000. 2003-317 - An ordinance awarding a contract for the purchase of phase one of a Wireless Network System for the City of Denton Water Production Plants as awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefor; and providing an effective date (File 3057 - Purchase of Wireless Network System awarded to Johnson Technical Services, Inc. in the amount of $106,624.10). 2003-318 - An ordinance authorizing the City Manager or his designee to execute a professional services agreement with the firm of Arthur Surveying Co., Inc. to provide professional surveying services in support of the City of Denton City of Denton City Council Minutes October 7, 2003 Page 4 Engineering Department; authorizing the expenditure of funds therefor and providing an effective date (RFP 3083 in an amount not to exceed $300,000). 2003-319 - An ordinance approving of an Interlocal Agreement between the City of Denton and the City of Sanger for ambulance service and declaring an effective date. 2003-320 - An ordinance approving of an Interlocal Agreement between the City of Denton and the City of Ponder for ambulance service and declaring an effective date. 2003-321 - An ordinance amending Chapter 8, Cable Television, of the Denton City Code provisions for applications and fees and provisions for small cable operators; providing for a severability clause; providing for a savings clause; providing for a penalty not to exceed $500.00 for violations of the ordinance; and providing an effective date. R2003-034 - A resolution of the City of Denton, Texas encouraging inclusion of transportation funding in the scope of the legislature's study of possible tax reform; and providing an effective date. R2003-035 - A resolution authorizing the City of Denton to make application for an Emergency Management Performance Grant (EMPG) through the State of Texas with appropriate certifications and assurances, as authorized by the Federal Emergency Management Agency (FEMA), and all other applicable laws; and providing an effective date. 2003-322 - An ordinance of the City of Denton, Texas, authorizing the competitive bid process for an oil and gas non-drilling site/pooling agreement for 10.475 acres of Vintage Parkway Right-of-Way; and providing an effective date. 2003-323 - An ordinance authorizing the City Manager to execute a non-drill site/pooling agreement with Trio Consulting and Management, L. L. C. for 3.13 acres of the Hickory Creek Electric Substation; and providing an effective date. P. This item was pulled from consideration. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance amending the Concept Plan and approving a Detailed Plan for Planned Development 173 (PD- 173) for approximately 673.4 acres. The property was generally located along the south side of H. Lively Road approximately 2.6 miles west of Interstate 35 West. Five (5) gas well sites were proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0020, Robson Ranch) City of Denton City Council Minutes October 7, 2003 Page 5 Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. Five gas wells were proposed. The revised concept plan changed the location of two wells and the detailed plan indicated where the five wells would be located. The wells would be in place before any of the homes would be built in the area. The Mayor opened the public hearing. The following individual spoke during the public hearing: James Dickson, Devon Energy - available for questions The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-324 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 99-265, AND 2001-247 TO CHANGE THE LOCATION OF GAS PARKS AND THE APPROVAL OF A DETAILED PLAN FOR FIVE GAS PARKS FOR THE PLANNED DEVELOPMENT 173 (PD-173) ZONING DISTRICT AND LAND USE CLASSIFICATION; SAID PD173 CONTAINS APPROXIMATELY 673.4 ACRES AND IS COMMONLY KNOWN AS ROBSON RANCH; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0020) McNeill 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. B. The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for a drive-through facility. The approximately 8.3 acre property was in a Neighborhood Residential Mixed Use (NRMU) and was generally located approximately one block south of Teasley Lane and west of FM 2181. A drive-thru bank was being proposed. The Planning and Zoning Commission recommended approval (6-1). (Z03- 0013, DATCU) Mayor Pro Tem Burroughs and Council Member McNeill left the meeting with a conflict of interest. Kelly Carpenter, Director of Planning and Development, stated that a special use permit was required for the drive through portion of the bank in the NRMU zoning category. The Mayor opened the public hearing. No one spoke during the public hearing. City of Denton City Council Minutes October 7, 2003 Page 6 The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-325 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DRIVE-THRU FACILITY ON APPROXIMATELY 8.3 ACRES OF LAND GENERALLY LOCATED APPROXIMATELY ONE BLOCK SOUTH OF TEASLEY LANE AND TO THE WEST OF FM 2181, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE 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. (Z03-0013) Redmon motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Mayor Pro Tem Burroughs and Council Member McNeill returned to the meeting. C. The Council held a public hearing and considered adoption of an ordinance allowing the negotiation of the best bid for a contract for an Oil and Gas Non-drill Site/Pooling Agreement at the Airport Open Space with Lynx Oil Company, Inc. and allowing the City Manager to execute the Lease as long as the Lease is in substantially the same form as the City's Standard Lease; and providing an effective date. Dottie Palumbo, Assistant City Attorney, presented the details of the proposal as noted in the back-up materials. 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. 2003-326 AN ORDINANCE ALLOWING THE NEGOTIATION OF THE BEST BID FOR A CONTRACT FOR AN OIL AND GAS NON-DRILL SITE/POOLING AGREEMENT AT THE AIRPORT OPEN SPACE WITH LYNX OIL COMPANY, INC. AND ALLOWING THE CITY MANAGER TO EXECUTE THE LEASE AS LONG AS THE LEASE IS IN SUBSTANTIALLY THE SAME FORM AS THE CITY'S STANDARD LEASE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes October 7, 2003 Page 7 Kamp 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. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, on final reading, granting an Interim Grant of Authority to Denton Telecom Partners I, LP d/b/a Advantex Communications to construct, reconstruct, operate and maintain a cable television system in the City of Denton, Texas and setting forth conditions accompanying the granting of this Interim Grant of authority; providing for a penalty for the violation of this ordinance; providing for a savings clause; providing for the effect of this ordinance upon other ordinances and resolutions; and providing an effective date. John Cabrales, Public Information Officer, presented the details of the proposal. This was the final reading of the ordinance. Advantex had been providing cable services to only Robson Ranch at this point in time. This agreement would be for one year only to provide for the sale of the system to a cable television operator. The following ordinance was considered: NO. 2003-327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ON FINAL READING, GRANTING AN INTERIM GRANT OF AUTHORITY TO DENTON TELECOM PARTNERS I, LP D/B/A ADVANTEX COMMUNICATIONS TO CONSTRUCT, RECONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF DENTON, TEXAS AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THIS INTERIM GRANT OF AUTHORITY; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, McNeill 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. B. The Council considered adoption of an ordinance approving an amendment to an Interlocal Agreement between the City of Denton and University of North Texas dated November 5, 2002 to provide for bus services; and providing an effective date. Jon Fortune, Assistant City Manager, stated that the original agreement provided bus service from the campus to predominately student housing throughout the community. The amendment would invoice the University for additional expenses for start-up service for the bus route. The following ordinance was considered: City of Denton City Council Minutes October 7, 2003 Page 8 NO. 2003-328 AN ORDINANCE APPROVING AN AMENDMENT TO AN 1NTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND UNIVERSITY OF NORTH TEXAS DATED NOVEMBER 5, 2002 TO PROVIDE FOR BUS SERVICES; AND PROVIDING AN EFFECTIVE DATE McNeill motioned, Thomson 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. C. The Council considered adoption of an ordinance authorizing the Mayor to execute an Interlocal Agreement between the City of Denton and the University of North Texas to provide for motor carrier passenger service for UNT students, staff and faculty; and providing for an effective date. Jon Fortune, Assistant City Manager, stated that this agreement would provide free bus service to students, faculty, and staff for bus service. UNT paid the city a set fee for this service. Users of the service had to show a UNT ID in order to take advantage of this service. This amendment changed the cost per student to $.80 per trip. The following ordinance was considered: NO. 2003-329 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE. Thomson 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. D. The Council considered adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Cooper Glen-Monterey Open Space, Phoenix Park and Fred Moore Park Trails Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 3081 - Cooper Glen-Monterey Open Space, Phoenix Park and Fred Moore Park Trails Project awarded to Jones and Jeffery Construction Co., Inc. in the amount of $247,623). Janet Simpson, Interim Director of Parks and Recreation, stated that this item related to pedestrian/bicycle trails in three different locations as noted above. The proposal was in conjunction with the Parks Master Plan. City of Denton City Council Minutes October 7, 2003 Page 9 The following ordinance was considered: NO. 2003-330 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE COOPER GLEN- MONTEREY OPEN SPACE, PHOENIX PARK AND FRED MOORE PARK TRAILS PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Thomson 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. E. The Council considered approval of a resolution authorizing the City Manager, as Denton's authorized representative, to accept on behalf of the City of Denton, an offer from the Texas Department of Transportation (TxDOT) relating to a grant for certain improvements to the Denton Municipal Airport; confirming agreement to pay a portion of the total project costs; and providing an effective date. Jon Fortune, Assistant City Manager, stated that the resolution would confirm that Denton would receive a grant for $2.4 million for the realignment of the taxiway at the Airport. The following resolution was considered: NO. R2003-036 A RESOLUTION AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF DENTON, AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) RELATING TO A GRANT FOR CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; CONFIRMING AGREEMENT TO PAY A PORTION OF THE TOTAL PROJECT COSTS; AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Burroughs seconded to approve the resolution. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. F. The Council considered approval of a resolution nominating a member to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Diana Ortiz, Director of Fiscal Operations, requested nominations for the Board of Directors of the Denton Central Appraisal District. All of the current members were interested in being nominated again. In the past, the City had joined with the DISD to nominate a member. City of Denton City Council Minutes October 7, 2003 Page 10 The following resolution was considered: NO. R2003-037 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, McNeill seconded to coordinate nominations with the DISD and to nominate Rick Woolfolk and Charles Stafford. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. G. The Council considered approval of a resolution of the City of Denton, Texas, supporting the completion of Farm-To-Market Road 2499 and respectfully requesting that all necessary resources be utilized to assure that it is successfully expedited within the proposed schedule; and providing an effective date. The following resolution was considered: NO. R2003-038 A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE COMPLETION OF FARM-TO-MARKET ROAD 2499 AND RESPECTFULLY REQUESTING THAT ALL NECESSARY RESOURCES BE UTILIZED TO ASSURE THAT IT IS SUCCESSFULLY EXPEDITED WITHIN THE PROPOSED SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. Council Member McNeill suggested a wording change from "all resources" to "all necessary resources". Burroughs motioned, McNeill seconded to approve the resolution as amended. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. H. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Thomson requested a letter of support from the Mayor and/or Council for a public hearing on the Acme Brick air quality permit. Thomson motioned, Kamp seconded to authorize the Mayor to draft a letter on behalf of the entire Council requesting the Texas Commission on Environmental Quality hold a public hearing on the issuance of an air permit for Acme Brick. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes October 7, 2003 Page 11 2. Council Member Redmon questioned ifUNT could monitor air quality in the area and possibly do some soil testing. 3. Council Member Redmon requested information on horizontal drilling. 4. Council Member Thomson requested an update on the Eureka Playground situation and questioned whether the City needed to continue to monitor the equipment. 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. J. 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. K. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Burroughs motioned, McNeill seconded to authorize staff to create a new solid waste ordinance and place the repeal of the existing ordinance on a future agenda at the earliest time. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 8:17 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS