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Minutes August 3, 2004CITY OF DENTON CITY COUNCIL MINUTES August 3, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 3, 2004 at 4:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Mulroy, Redmon and Thomson. ABSENT: Council Member Montgomery 1. The Council received a report, held a discussion and gave staff direction regarding tree preservation regulations. (SI03-0012, Tree Preservation) Mark Burroughs, Chair of the Council Tree Preservation Committee, stated that numerous meetings had been held regard'rog this subject plus many meetings of the Council subcommittee. It was necessary to achieve a balance between property owners and those interested in tree preservation. Policy issues included agricultural exemptions; an undesirable tree list; small lot and infill exclusion table; and applicability with platt'mg and gas wells (new issue). After review with the Subcommittee Chair, the recommendation of the Committee was to remove the agricultural exemption. Agricultural properties could seek relief through the process or could seek rezoning to a "rural" zoning designation. Council Member Montgomery arrived at the meeting. Burroughs stated that the subcommittee was recommending to reduce the standards for undesirable trees and to change the designation to secondary trees or secondary tier trees. The committee recommended a small lot and irrfill exclusion table. The subcommittee did not reach consensus on applicability of the proposed regulations to non-residential projects with an active preliminary or final plat. The question was whether the projects with an active preliminary or fmal plat were subject to the regulations or were the regulations applied at the time of a building permit application. Larry Reichhart, Assistant Director for Planning and Development, reviewed the policy issues that were before the council. Council discussion included: A definition of pre-construction design versus the permit process. A projected time frame for development from start to finish. Consider a non-activity clause for infrastructure started on a development but no progress for a certain time period. The intent was not to assist people trying to avoid the regulations but to consider those who had already made a sizeable financial investment. The development of a secondary list for trees with mitigation ratios for those types of trees. Refine the recommended tree list (page 14 of the ordinance). Continue to reevaluate the final ordinance on a regular basis such as every 6 months. City of Denton City Council Minutes August 3, 2004 Page 2 Staff would review the suggestions made and incorporate relative modifications into a revised ordinance for Council consideration. Those recommendations included: The agricultural exemption would be eliminated An undesirable tree list would be developed The small lot table would stay with a second tier tree list included The development of a non-activity clause versus a platting clause Trees would be mitigated 1-1 for gas wells in flood plains ESA trees/non-ESA trees - save more ESA trees that would be credited towards mitigation. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of August 3, 2004. The City Council attended a reception for Board and Commission members at 5:00 p.m. in the Council Work Session Room at City Hall. The City Council then convened in the Council Chambers at 6:00 p.m. 1. The Council considered approval of a resolution of appreciation for retiring Board/Commission members. Montgomery motioned, McNeill seconded to approve the resolution. On roll vote, Kamp "aye", MeNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2. Oath of Office for New Board Members City Secretary Jennifer Walters administered the Oath of Office to the new and continuing board and commission members. Regular Meeting of the City of Denton City Council on Tuesday, August 3, 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 There were no proclamations/awards for this meeting. B. Recognition of staff accomplishments City Manager Conduffpresented staff accomplishments to the Council. City of Denton City Council Minutes August 3, 2004 Page 3 3. CITIZEN REPORTS A. Council received citizen reports from the following: 1. Troy Nivens, Denton Police Officers Association, regarding upcoming police department budget and equipment concerns. Officer Nivens stated that the DPOA authorized a public comment regarding coneems related to salaries, manpower and equipment. The salary for Denton police officers was no longer competitive with area cities. The members of the DPOA were appreciative of the 3% across the board increase recently granted all city employees. The City was also short with staffing levels compared with citizen population. Vehicles were also a concern as many were aged. These concerns were not presented in a negative light but were a way to communicate concerns with the City Council. 2. Dessie Goodson regarding "responsibility". Ms. Goodson stated that she had requested copies of ordinances but had not received the correct ordinances. The Council did not abide its own rules. It applauded during the Council meeting, which was in conflict with the rules of procedures. 4. CONSENTAGENDA Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2004-215 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of refuse bags; providing for the expenditure of funds therefor; and provid'mg an effective date (Bid 3170 - Annual Contract for Semi- Transparent and Transparent Refuse Bags awarded to the lowest responsible bidder for each item in the estimated amount of $70,000). 2004-216 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of PVC electrical fittings and accessories; providing for the expenditure of funds therefor; and providing an effective date (Bid 3179 - PVC Electrical Fittings and Accessories awarded to Techline in the estimated amount of $293,407.31). 2004-217 -An ord'mance awarding a contract for the purchase of Cisco hardware, software and peripherals supporting high speed communications connectivity over the City of Denton network for voice and data services 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 provid'mg an effective date (File 3199 - Purchase of Cisco Hardware and Software for Teleworks System awarded to InterNetwork Experts in the amount of $47,543). City of Denton City Council Minutes August 3, 2004 Page 4 2004-218 - An ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Plano, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Plano contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3200 - Interlocal Agreement with the City of Plano, Texas). 2004-219 - An ordinance accepting competitive bids by way of an Inteflocal Cooperative Purchasing Program Participation Agreement with the City of Plano under Section 271.102 of the Local Government Code, for the purchase of irrigation equipment; providing for the expenditure of funds therefor; and providing an effective date (File 3191 - Intarlocal Agreement for Irrigation Equipment with the City of Plano, contract awarded to Interspec, LLC in the estimated amount of $26,000). 2004-220 - An ordinance accepting competitive bids and awarding a contract for the purchase of a hydraulic excavator for the Electric Distribution Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3188 - Hydraulic Excavator 40 HP Class awarded to Continental Equipment Company L.P. in the amount of $33,131.68). Approved tax refunds for the following property taxes: Tax Name Reason Amount Year ,1 Alcoa~Wheel;I}igtfibutioh~cent? ~DCADS..U. Pplemental'I:: .2003 $}6769,11] 2. Countrywide/Scott Olson Dup_licate Payment 2003 604.84 3': ,Humphrey'.H6sPit~i;~lS)PSi~?:~i:5~. ~DC~ S~pple~mental W ~003 ~:~.~ }. 783.93'] 4. Robson Ranch HOA DCAD Supplemental 2003 1012.30 Change 6. Title Resources , Ove~ayment 2003 1098.21 ~, ~/~:~i;:?t;: ~l~fipli~te 8. Washington Mutual/Brian & Duplicate Payment 2003 713.95 Cynthia Carlisle R2004-037 - A resolution approving the financing by the HFDC of Central Texas, Inc. of a health facility located within the City of Denton, Texas; providing an effective date. 2004-221 - An ord'mance of the City of Denton, Texas prohibiting parking during certain hours on the east side of Newton Street beginning 461 feet north of its intersection with Morse Street and continuing north to a point approximately 856 feet north of the intersection; providing a sav'mgs clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. City of Denton City Council Minutes August 3, 2004 Page 5 2004-222 - An ordinance of the City of Denton, Texas prohibiting parking during certain hours on the both sides of Sun Valley Drive from its intersection with Stuart Road east for a distance of approximately 125 feet; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Ko 2004-223 - An ordinance authorizing the City Manager or his designee to execute an Encroachment Agreement to allow the installation of a monument sign within an existing City of Denton Public Utility Easement located adjacent to Lillian Miller Parkway just North of Wind River Road, said tract being described as a 0.0003 acres of land situated in the John McGowan Survey Abstract No. 797, in the City of Denton, Denton County, Texas, being part of a Lot 1, Block A of Wind River Estates Phase 1, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet O, Slide 27, Plat Records, Denton County, Texas, and providing an effective date. Confirmed the re-appointment by the City Manager of Dr. Tory Cacti to the Civil Service Commission. Mo Approved appointments to the following boards and commissions: 2. 3. 4. 5. Airport Advisory Board Community Development Advisory Committee Human Services Advisory Committee Library Board Traffic Safety Commission 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement between the City of Denton and the Denton County Transportation Authority providing LINK Operations Funding Assistance for September 2004, and providing an effective date. Mark Nelson, Director of Airport and Transportation, stated that the agreement would assist with potential shortfall for September. TxDot was no longer providing grant funding since the approval of the Denton County Transportation Authority. The following ord'mance was considered: NO. 2004-224 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY PROVIDING LINK OPERATIONS FUNDING ASSISTANCE FOR SEPTEMBER 2004, AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 3, 2004 Page 6 Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. B. The Council considered approval of a resolution authorizing the City Council to appoint a Special Citizens Advisory Committee for the Capital Improvement Program; and declaring an effective date. Kathy DuBose, Assistant City Manager, presented the details of the resolution and the procedures to follow. The following resolution was considered: NO. R2004-038 A RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPOINT A SPECIAL CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMENT PROGRAM; AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered appointments to a special Citizens Advisory Committee to study capital improvement needs for projects to be included in a February 2005 bond election and discuss the charge for the committee. After discussion, Council determined that members would submit wording suggestions for the committee charge to the Agenda Committee to draft the wording. Council Members appointed the following individuals to the Committee: Council Member Kamp Phil Gallivan Pat Gobble Charlye Heggins Maureen Jamail Randy Robinson Martha Len Nelson Bob Sherman Council Member McNeill Jo Kulm Scott Ball Polly Diebel Richard Huckabee City of Denton City Council Minutes August 3, 2004 Page 7 Gus Seligmann Roni Beasley Alan Nelson Council Member Montgomery Marge Durrance David Weir Phil Young Bob Hunt Council Member Mulroy Curtis Martin Jim Kirkpatriek Stacy Huckabay Ellen Fuller Mary Behrens Shannon Smith Charlice Kruger Council Member Redmon did not have any appointments at this meeting. Council Member Thomson Karen Devinney Gary Hayden Jennifer Siegfried Marv'm Crabb Patrice Lyke John Johnson Bill Cheek Mayor Brock Jerry Mohelnitzky Dave Kimble David Biles Debbie Johnson Mayor Brock nominated Mark Burroughs as Chair of the CIP Blue Ribbon Committee. McNeill motioned, Montgomery seconded to approve the names of the individuals appointed to the committee and the nomination for chair of the committee. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. City of Denton City Council Minutes August 3, 2004 Page 8 D. The Council considered nominations/appointments to the City's Boards and Commissions. Mayor Brock announced the appointment of Jeanie Chilton and Calvin Evans to the Denton Housing Authority. Mayor Brock nominated Bob Bland to the Public Utilities Board. E. New Business There was no New Business suggested by Council for future agendas. F. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduit did not have items for Council. G. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meefmgs Act. H. 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 7:11 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS