Loading...
Minutes April 06, 2004CITY OF DENTON CITY COUNCIL MINUTES April 6, 2004 After determining that a quorum was preseN, the City Council convened in a Work Session on Tuesday, April 6, 2004 at 4:30 p.m. in the Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, and Thomson. ABSENT: Council Member Redmon 1. The Council received a report, held a discussion and gave staff direction on an Ethics Policy and Amendments to the Code of Elections Ethics for the City of Denton. Dottie Palumbo, Assistant City Attorney, presented a draft of the ethics policy and an amendment to the Code of Elections Ethics. Council discussion included: · Prepare packets that contain all of the ethics documents for interested individuals. · The proposed policy was drafted as a positive documeN. · There were already constrains imposed from the federal, state and local levels. · Consider a recommendation to have council candidates include a coNributor's business or affiliation on the state form. Consensus of Council was to proceed with placement of the proposed ordinance on a future agenda for consideration. 2. The Council received a report, held a discussion and gave staff direction regarding the City of Denton's Emergency Management Program. Ross Chadwick, Fire Chief, preseNed an update of the emergency managemeN program. Citizen expectations for emergency management included an alert of citizens in advance of a disaster, the ability to adequately protect life and property, and to quickly and accurately assess the magnitude of all emergencies. Emergency management goals were to save lives, care for casualties, limit further casualties, limit further damage to structures and the environment, reassure and care for the public and restore the area to normal as soon as possible. Council Member Redmon arrived at the meeting. Chadwick coNinued with a matrix detailing poteNial disasters and the likelihood of occurrence in the City with the top three being flash flooding, tornado, and terrorism. He reviewed the readiness levels and the progression of authority from the local level on up to the state level. He reviewed the City's emergency plan that included the basic plan and annexes associated with the plan. 3. The Council received a report, held a discussion and gave staff direction regarding the City of DeNon utility billing life cycle and associated customer issues. City of DeNon City Council Minutes April 6, 2004 Page 2 Charles Atkinson, Customer Service Manager, stated that with the implementation of the penalty and interest for delinquent accounts, a small percentage of customers had voiced concerns with a variety of billing issues. Those concerns included billing timeline, penalty charge amoums, umimely mailing services, customer choice for billing due dates and new bill format. He detailed the billing timeline and associated procedures for delinquem accoums. Council discussions · History of delinquencies after implememation of penalty and imerest · Process for verifying accuracy of bills · Mailing procedures for the bills · Paymem methods-check, bank draft, cash · Circumstances for charging deposits · Investigate eliminating manual checks for bills 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of April 6, 2004. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below. 1. The following were considered in Closed Meeting: mo Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071 Receipt of legal advice from the City Attorney regarding the award of Special Commissioners and procedural options in condemnation proceedings styled The City of Denton v. Gary Jay Madrigal and Rosanne Madrigal, Cause No. ED-2003-00098 pending in the Probate Court of Denton County, Texas. Bo Deliberations regarding personnel matters - Under TEXAS GOVERNMENT CODE Section 551.074. Deliberated and discussed employmem evaluation of the City Manager, City Attorney, and Municipal Court Judge relating to the establishment of performance measures for such City Council appoimees, including matters relating to duties and discipline. Co Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Discussed and considered legal issues concerning Charter Communications d/b/a Marcus Cable Associates, L.L.C, ("Charter") in negotiations with Charter concerning the Charter Franchise Renewal and the City of Denton's participation in the Charter Consortium of Cities, City of Demon City Council Minutes April 6, 2004 Page 3 where to discuss these legal issues concerning the above stated matters 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 and would jeopardize the City's position in administrative proceedings or in potential litigation. Regular Meeting of the City of Demon City Council on Tuesday, April 6, 2004 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 Karen Rhodes, Director of Budget and Research-City of Plano, presemed the Certificate of Achievemem of Excellence for the Comprehensive Annual Financial Report. Mayor Brock presented proclamations for "USA Gymnastics Collegiate National Championship Days" and "Safe Cats Week in Denton". B. Recognition of staff accomplishmems City Manager Conduffpresemed staff accomplishmems to the Council. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: Carl Young, Sr. regarding invitation to Annual Easter Egg Hunt and concern regarding the rental of a meeting room by the Vietnam Veterans of America. Mr. Young invited the Council to attend the annual Easter Egg Hum at Fred Moore Park. He also stated a concern regarding the rental of a meeting room by the Vietnam Veterans of America. The group was having difficulty reining a meeting room at the American Legion. 2. Peternia Washington regarding responsive government part 4. Ms. Washington again made comments regarding the Denton Housing Authority and the resignation of Ms. Mister. She also commented on how appointments were made to the Authority. 3. Willie Hudspeth regarding minority hiring and the tree ordinance. Mr. Hudspeth was not presem at the meeting City of DeNon City Council Minutes April 6, 2004 Page 4 4. CONSENT AGENDA Council Member Kamp requested that Item Q be pulled for separate consideration. Shawn Faulkner, 2713 Nesbitt Drive, Denton, spoke on item 4K - speed limits on Teasley Lane. He felt the proposed speed limits were still too high on Teasley Lane as there was no left turn lane imo his subdivision. Burroughs motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of item Q. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Item 4Q was considered. Council Member Kamp stated that she wanted to pull the item to show public support for the University of North Texas. Kamp 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. 2004-096 - An ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of DeNon; and providing for an effective date. 2004-097 - An ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager to execute a Professional Services Agreemem with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 04-B, providing for DeNon Municipal Electric Rate Design and Study; authorizing the expenditure of funds therefor; and providing an effective date. R2004-013 - A resolution of the City of DeNon, Texas authorizing an application for designation as a "Preserve America" Community and endorsing the goals of the "Preserve America" program; and providing for an effective date. 2004-098 - An ordinance accepting competitive bids and awarding a comract for the purchase of wood grinding services for the City of DeNon Compost Facility; providing for the expenditure of funds therefor; and providing an effective date (Bid 3140 - Wood Grinding for Compost Facility awarded to Thelin Recycling Company, L.P. in the amoum of $.889 per cubic yard). 2004-099 - An ordinance accepting competitive bids and awarding a comract for the purchase of skate park ramps and equipmem for the City of DeNon Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3146 - Skate Park Ramps and Equipmem awarded to Kraftsman Playground and Park Equipmem in the base bid amoum of $29,890 plus alternates 2, 4 and 6 in the amoum of $2960 for a total amoum of $32,850). City of Denton City Council Minutes April 6, 2004 Page 5 R2004-014 - A resolution of the City of Demon, Texas authorizing the Public Utility Commission of Texas to set the access line rate at the new CPI-Adjusted Maximum rate to be paid to the City by Certificated Telecommunications Providers pursuam to Chapter 283 of the Texas Local Governmem Code, ("HB 1777"), and providing an effective date. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 2. Chicago Title Duplicate Payment 2003 604.04 3 ~iM ~g~ g~ D~Pl~at~ Payment 2003 ~2 4. Davis, Brian & Bobbi Duplicate Payment 2003 731.06 6. Fidelity National Title Duplicate Payment 2003 694.40 8. Foretravel of No~h Texas Duplicate Payment 2003 3,557.79 ~ an~ ¢~i~at~ ~ay~nt ~003 ~58 5 !0: Hext?Fai[ Title Duplicate Payment 2003 747.57 12. Meyers, Nina Duplicate Payment 2003 520.85 3 ~ Eau~d~at CAD Sup~l~a 2003 85 14. Title Escrow Duplicate Payment 2003 938.77 P ~nt~c~ i ~cat~ pa ~ ~003 5 16. Wells Fargo Duplicate Payment 2003 562.93 ~ ~ ~a~g~ D~Pl~at~ Payment 2003 ~0 18. Westdale Carriage Square, Duplicate Payment 2003 1,673.99 Ltd 2004-100 - An ordinance amending and replacing the Emergency Managemem Plan; providing for the mitigation effects of possible hazards; preparation and measures to preserve life and minimize damages; preparation for responses during emergencies and providing for necessary assistance; and developing a system and processes necessary to return the City of Denton to a normal state of affairs after a disaster and providing an effective date. 2004-101 - An ordinance amending, repealing and replacing Chapter 9 of the Code of Ordinances "Emergency Management"; creating an Office of Emergency and Disaster Management, Director of Disaster and Emergency Services, and other offices; providing for an Emergency Management Plan, providing definitions; providing for a declaration of a disaster proclamation; providing for suspension of laws and the powers of the Mayor during an emergency/disaster; providing for a penalty not to exceed $2,000 and a civil penalty not to exceed $5,000 for violation of this ordinance; providing for a severability clause; and providing an effective date. City of Demon City Council Minutes April 6, 2004 Page 6 Jo 2004-102 - An ordinance of the City of Demon, Texas terminating that certain airport lease dated November 6, 2001, by and between the City of Demon, Texas and Paul Bridges; authorizing the City Attorney or his designee to take appropriate legal action, if necessary to effectuate the termination; and providing an effective date. Ko 2004-103 - An ordinance of the City of Demon, Texas, repealing ordinance number 96-273 and amending Chapter 18 of the Code of Ordinances by adding Section 18-73; altering the prima facie speed limits established for vehicles under the provision of Transportation Code, Section 545.356 upon Teasley Lane or FM 2181 or parts thereof, within the incorporate limits of the City of Denton; providing a penalty not to exceed $200.00; providing a severability clause, providing for publication; and declaring an effective date. Lo 2004-104 An ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of Demon and Demon County for the impoundmem and disposition of dogs and cats and the collection of fees pursuam to the provisions of said agreement; and providing for an effective date. Mo 2004-105 - An ordinance of the City of Demon, Texas amending Chapter 21, Article I of the Code of Ordinances of the City of Demon by adding a section prohibiting soliciting near automated teller machines which are located in public places; providing a savings clause; providing a severability clause; providing a penalty not to exceed five hundred dollars; and declaring an effective date. N. Approved the minutes of March 2, and March 23, 2004. Oo 2004-106 - An ordinance of the City of Demon, Texas authorizing paymem of the award of Special Commissioners into the Registry of the Court in condemnation proceeding styled The City of Denton, Texas v. Gary Jay Madrigal and Rosanne Madrigal, Cause No. ED-2003-00098 pending in the probate court of Demon County, Texas; and declaring an effective date. Po 2004-107 - An ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Techline, Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 3043 - Annual Price Agreemem for Electric Distribution Cables Change Order Number One in the estimated amoum of $100,000). Qo R2004-015 - A resolution by the City Council of the City of Demon, Texas, supporting the efforts by the University of North Texas to gain membership in Conference USA; and providing for an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of ordinances allowing the negotiation of the best bid for a lease for an Oil and Gas Non-Drill Site/Pooling Agreemem with the bidders and city owned land: City of DeNon City Council Minutes April 6, 2004 Page 7 Dottie Palumbo, Assistant City Attorney, presented the details of the items. The Mack Park site had only one bidder, HEP Oil company. The City would receive $5,910.50 bonus and a 25% royalty imerest. No drilling would be allowed on Mack Park and the land would be pooled and drilled off a well on adjacem property. Trio Consulting and Managemem Company submitted the only bid for the Lake Forest Park site. The City would receive $15,576.75 bonus and a 23% royalty imerest. No drilling would be allowed on Lake Forest Park and the land would be pooled and drilled off a well on adjacem property. Enexco, Inc. submitted the best bid for drilling at the Airport site. The City would receive $8,400 bonus and a 20% royalty imerest. No drilling would be allowed on the Airport Open Space Park and the land would be pooled and drilled from a well on adjacem property. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Burroughs motioned, Kamp seconded to adopt the ordinance for A.1. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Burroughs motioned, McNeill seconded to adopt the ordinance for A.2. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Kamp "aye", Mayor motioned, Thomson seconded to adopt the ordinance for A.3. On roll vote, Burroughs Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Brock "aye". Motion carried unanimously. 2004-108 - An ordinance allowing the negotiation of the best bid for a contract for an Oil and Gas Non-Drill Site/Pooling Agreemem at Mack Park with HEP Oil Company, Ltd. and allowing the City Manager to execute a Lease as long as the Lease is in substamially the same form as the City's Standard Lease; and providing an effective date. 2004-109 - An ordinance allowing the negotiation of the best bid for a contract for an Oil and Gas Non-Drill Site/Pooling Agreement at Lake Forest Park with Trio Consulting & Management, L.L.C. and allowing the City Manager to execute a Lease as long as the Lease is in substamially the same form as the City's Standard Lease; and providing an effective date. 2004- 110 - 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 Park with Enexco, Inc. and allowing the City Manager to execute a 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 DeNon City Council Minutes April 6, 2004 Page 8 B. The Council held a public hearing and considered adoption of an ordinance approving a Detailed Plan for Planned Developmem 115 (PD-115) for approximately 9.1 acres. The property was generally located at the southwest comer of US Highway 77 and Bonnie Brae. A church was proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0032, Planned Development 115 - Northlake Baptist Church) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. A 10,000 square foot church was proposed. No opposition had been received to the proposal. The proposed tree canopy exceeded the requirements of the Code as well as the landscaping for trees. The Planning and Zoning Commission had recommended approval including the proposed 62- foot high cross. The Mayor opened the public hearing. The following individual spoke during the public hearing: Mike Allen, represeming the church - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-111 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A DETAILED PLAN FOR APPROXIMATELY 9.1 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT AND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF US HIGHWAY 77 AND BONNIE BRAE INTERSECTION AND LEGALLY DESCRIBED AS TRACT 28 IN THE N. WADE SURVEY ABSTRACT NUMBER 1407; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROViDiNG A SEVERABiLiTY CLAUSE AND AN EFFECTIVE DATE. (Z03-0032) 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. C. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 7.4 acres from a Neighborhood Residemial 2 (NR-2) zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. The site was located approximately 370 feet south of Paisley Street, between Audra Lane and Mack Drive. The Planning and Zoning Commission recommended denial of the request (6-0). (Z04-0004, Laurel Oaks DevelopmenO SUPER MAJORITY VOTE REQUIRED FOR APPROVAL. This item was withdrawn at the request of the applicant. City of Demon City Council Minutes April 6, 2004 Page 9 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution of the City of Demon, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer; and providing an effective date. Jon Fortune, Assistant City Manager, stated that the Council had appointed Joe Roy as the City's representative to the Authority. The Interim Committee had all board members serving the same term. The last legislative session provided for staggered terms to allow for continuity on the Board. Mr. Roy had volunteered to resign in order to start the staggered terms. Staff was recommending that council reappoint Joe Roy to serve a two-year term that would expire in 2005. The following resolution was considered: NO. R2004-016 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPOINTING ONE MEMBER AND TWO ALTERNATES TO THE BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. Redmon motioned, Montgomery seconded to accept the resignation of Joe Roy, reappoint Joe Roy with Jon Fortune and Mark Nelson serving as alternates. 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 of the City of Demon, Texas prohibiting parking during certain hours on the east side of Bradshaw Street from its intersection with Wilson Street north for a distance of approximately 525 feet; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Lt. Lynn Carter, Denton Police Department, presented the details of the proposal, which was a joim effort between the citizens living around Fred Moore Park and the Demon Police Department. This was often a seasonal problem when the weather became warm. Council discussions: Process of discussions with the neighbors History of the problems associated with the park Target behavioral issues rather than dealing with the parking Migration of behaviors to other parts of the neighborhood The following ordinance was considered: City of Demon City Council Minutes April 6, 2004 Page 10 NO. 2004-112 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING DURING CERTAIN HOURS ON THE EAST SIDE OF BRADSHAW STREET FROM ITS INTERSECTION WITH WILSON STREET NORTH FOR A DISTANCE OF APPROXIMATELY 525 FEET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABiLiTY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Redmon 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. C. The Council considered adoption of an ordinance of the City of Demon, Texas amending Chapter 16 relating to licenses, permit and business regulations by replacing Article iii titled Solicitors and Itinerant Merchants in its entirety with a new Article iii; providing a severability clause; a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. Capt. Joannie Housewright, Denton Police Department, stated that this was the final draft of the change in the solicitor's ordinance. Major changes included the naming of streets that vendors could not sell on, exemptions for agricultural vendors and exemptions for organizations that had a primary membership under the age 18. The following ordinance was considered: NO. 2004-113 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 16 RELATING TO LICENSES, PERMIT AND BUSINESS REGULATIONS BY REPLACING ARTICLE iii TITLED SOLICITORS AND ITINERANT MERCHANTS IN ITS ENTIRETY WITH A NEW ARTICLE iii; PROVIDING A SEVERABiLiTY CLAUSE; A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; 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. New Business The following item of New Business was suggested by Council for future agendas: 1. Council Member Redmon asked for a discussion with the Police Chief and staff on addressing solutions for behavioral issues affecting quality of life in Demon E. Items from the City Manager City of Demon City Council Minutes April 6, 2004 Page 11 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. Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Council returned to complete the earlier Executive Session. G. 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 Meeting items. With no further business, the meeting was adjourned. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS