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Minutes September 21, 2004CITY OF DENTON CITY COUNCIL M1NUTES September 21, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 21, 2004 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Council Member Redmon 1. The Council received a report, held a discussion, and gave staff direction regarding regional transportation issues. Council Member Kamp presented an overview of regional transportation issues including air quality. She indicated that she served on two different boards, the DMRC and the RTC. Brian Barth, TxDot, presented information regarding tolling issues. TxDot was working on a unified transportation program for the metropolitan mobility plan. Council Member Redmon arrived at the meeting. Barth reviewed identified needs that were funded and unfunded. He also reviewed the funding sources and strategies for the plan such as spend wiser, be more efficient, borrow to build, find partners. He stated that Highway 121 had been included in a feasibility study, which indicated that it was a good road for tolling. Joe Roy, DCTA, presented information regarding the Authority's perspective on a regional solution to transportation issues. It was recognized that DCTA represented Denton County and not just the three cities that were assisting with funding at this time. Funding continued to be an issue with the Authority and the consideration of the raising of the tax cap to an additional half- cent dedicated to mass transportation. Council discussion included reasoning for potential tolling of Highway 121 and improvements to I35 north of the Lewisville Bridge. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for September 21, 2004. Regular Meeting of the City Council on Tuesday, September 21, 2004 at 6:30 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. PLEDGE OF ALLEGIANCE The Mayor and members of the City Council recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes September 21, 2004 Page 2 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. The Council considered a Resolution of Appreciation for Brenda Ormsby. Council Member Montgomery joined the meeting. Montgomery motioned, Thomson 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. Mayor Brock presented a proclamation for Fire Prevention Week. Mayor Brock presented Yard of the Month awards to: Michael Powell and Lauri Nack Gladys Figeroa and Stephanie Soto Bob and Ruby Crouch Mark, Debbie and Memphis Merki Rufus and Wilma Wells Rudi Thompson, Monica Wilson and Cody Green Water Smart Yard - UNT Master Hall Business Yard - Wildwood Inn B. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. 3. CITIZENS REPORTS A. Review of procedures for addressing the City Council. Mayor Brock reviewed the procedures for addressing the City Council during the meeting. B. The Council received citizen reports from the following: 1. Harvey Sparhawk regarding water bill adjustments and means for redress. Mr. Sparhawk was not present at the meeting. 2. Robert Donnelly regarding drainage problems. Mr. Donnelly, 3900 Quail Creek Road, Denton, presented information regarding problems with drainage on his property from the neighboring apartment complex. The drainage was improperly installed during the building of the complex. The City was not responding to his request for help with the situation of the drainage with the developer of the complex. City of Denton City Council Minutes September 21, 2004 Page 3 John Ryan regarding wind devices, City language, and uses of City services. Mr. Ryan, 2128 Emerson Lane, Denton, stated that he and his wife were small business owners in the City. They wanted to do additional advertising to bring in new tenants for their apartment complex. He received a code enforcement violation in the mail regarding a "wind device". He questioned the definition of a "wind device" as noted in the ordinance. He was bothered with the time flame for the ordinance. He felt the intent of the ordinance was good but the practicality of the ordinance was not. He also noted that a certificate of occupancy was required for his apartment complex, which was not true to the definition of the certificate as it was to be issued prior to anyone living there but the complex was a continued occupancy from a prior owner. 4. BUDGET CONSENT AGENDA Mayor Pro Tern McNeill pulled items S, T, and U for separate consideration. Mulroy motioned, Kamp seconded to approve the Budget Consent Agenda and accompanying ordinances with the exceptions of Item S, T, and U. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Item S was considered: McNeill motioned, Mulroy 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 carried unanimously. Item T was considered. 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 carried unanimously. Item U was considered. 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 carried unanimously. 2004-256 - An ordinance amending the Schedule of Water Rates contained in Ordinance No. 2003-263 for Water Service and Water Rates; amending the metered water from fire hydrant rate (Schedule WFH); amending the wholesale treated water service rate to Upper Trinity Regional Water District (Schedule WW2); amending the wholesale raw water service rate to Upper Trinity Regional Water District (Schedule WRW); amending the wholesale raw water pass-through rate for Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); adding a fee schedule for water laboratory testing fees; providing for a repealer; providing for a severability clause; and providing for an effective date. City of Denton City Council Minutes September 21, 2004 Page 4 2004-257 - An ordinance amending the Schedule of Wastewater Rates contained in Ordinance No. 2003-264 for Wastewater Service; amending the residential wastewater service - facility charge and volume charge (Schedule SR); amending the mobile home park - facility charge and volume charge (Schedule SMH); amending the commercial/industrial wastewater service - facility charge, volume charge, sampling and analysis charge, and surcharge; (Schedule SC); amending the commercial/industrial wastewater service rate which measures with dedicated meters (sub-meters) water for wastewater billing - facility charge, volume charge and surcharge (Schedule SCD); amending the commercial/industrial wastewater service rate which measures with dedicated meters (sub-meters) water excluded from wastewater billing facility charge and surcharge (Schedule SCS); amending the equipment services facilities and restaurants and food service establishment - facility charge, volume charge, sampling and analysis charge, and surcharge (Schedule SEE); amending the metered wastewater inside and outside corporate limits - facility charge, volume charge, sampling and analysis charge, and surcharge (Schedule SM); amending the sale of treated wastewater effluent - facility charge (Schedule SGE); amending the wholesale wastewater treatment service for a governmental agency, division, or subdivision; sampling and analysis charge, and surcharge (Schedule SSC); amending the Dyno Dirt Products 50% discount for purchases (Schedule CWM); amending the grass/brush/leaves charge for contaminated grass, brush, or leaves (Schedule GBL); adding a fee for treated effluent wastewater tap fees (Schedule STE); providing for a repealer; providing for a severability clause; and providing for an effective date. 2004-258 - An ordinance amending the Schedule of Solid Waste Rates contained in Ordinance No. 2003-351 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the provisions of sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service; amending the manual residential rate by lowering the monthly charge; adding a provision limiting the manual residential rate charge to eight (8) bags per collection day; adding a provision in the manual residential rate charge that establishes a service charge for the collection and disposal of refuse in excess of eight (8) bags per collection day; adding a requirement to the containerized collection service rate requiring all refuse to be placed within the cart with the cart lid fully closed; adding a provision that establishes the automatic collection and billing for excess volumes of refuse and/or yard waste (Schedule SWR); amending the residential recycling and processing service rate title; amending the residential recycling and processing services monthly rate charge (Schedule SWRR); amending the residential financial need discount rate title; adding three qualification requirements for the residential financial need discount rate; adding a provision limiting the period for which the residential financial need discount is effective to eligible recipients who receive funds from the plus-one program (Schedule SWRD); amending the commercial solid waste collection services rate title; adding a provision clarifying the container same day extra service charge; adding a provision wherein the use of shared commercial containers shall be determined by solid waste department staff, including the appropriate rates therefore; amending the roll-off container relocation fee; adding a provision that City of Denton City Council Minutes September 21, 2004 Page 5 states that if a loaded side-load or front-load container exceeds the applicable weight limitation set forth in this ordinance, that the customer shall empty the container and the solid waste department shall only collect and dispose of the refuse that is at or below the weight limitation prescribed by this ordinance (Schedule SWC); amending the commercial recycling services section on acceptable recyclable materials; (Schedule SWCR); adding the collection and transportation services permit rate schedule (Schedule SWP); adding a provision clarifying the applicable landfill inert materials rate respecting clean and uncontaminated brick; amending the special waste provisions; adding the landfill other charges rate (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date. 2004-259 - An ordinance of the City of Denton, Texas providing for the Schedule of Miscellaneous Fees, deposits, billings and procedures for administrative services to city customers and taxpayers contained in Ordinance No. 2003-266; providing for a repealer; providing for a severability clause; and providing for an effective date. 2004-260 - An ordinance of the City of Denton, Texas supplementing the schedule of rates contained in Ordinance No. 2003-262 for Electric Service by adding the residential renewable energy service rate schedule (Schedule RG); providing for a repealer; providing for a severability clause; and providing for an effective date. 2004-261 - An ordinance amending, repealing, and replacing Ordinance No. 91- 039 of the City of Denton, Texas, establishing fees to be charged for overdue books and materials for the libraries of the City of Denton, Texas; repealing all ordinances in conflict herewith; providing a severability clause; and providing for an effective date. 2004-262 - An ordinance amending Section 22-38 of Chapter 22 (Parks and Recreation) of the Code of Ordinances of the City of Denton, Texas, relating to facility and program fees by adopting a Schedule of Fees; repealing all fees in conflict with such schedule; repealing Ordinance No. 2003-267 and all ordinances in conflict with the new Schedule of Fees; and providing an effective date. 2004-263 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Central Business District Association of Denton, Texas, d/b/a Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. 2004-264 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. 2004-265 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. City of Denton City Council Minutes September 21, 2004 Page 6 2004-266 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. 2004-267 An ordinance authorizing the Mayor to execute an interlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Bayless-Selby House and the Courthouse-on-the-Square Museums; and providing an effective date. 2004-268 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. 2004-269 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Holiday Festival Foundation, Inc. for the payment and use of hotel tax revenue; and providing an effective date. 2004-270 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue; and providing an effective date. 2004-271 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Historical Park Foundation of Denton County, Inc. for the payment and use of hotel tax revenue; and providing an effective date. 2004-272 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. 2004-273 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. 2004-274 - An ordinance adopting the budget and first year of the Capital Improvement Plan of the City of Denton, Texas for the fiscal year beginning October 1, 2004, and ending September 30, 2005; and declaring an effective date. 2004-275 - An ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 2004, on all taxable property within the corporate limits of the City on January 1, 2004, not exempt by law; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. 2004-276 - An ordinance of the City of Denton, Texas, approving the 2004 Tax Rolls; and providing an effective date. City of Denton City Council Minutes September 21, 2004 Page 7 5. CONSENT AGENDA Kamp motioned, Mulroy 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. 2004-277 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of electric distribution conductors; providing for the expenditure of funds therefore; and providing an effective date (Bid 3202 - Annual Price Agreement for Electric Distribution Conductors awarded to Texas Electric Cooperative in the estimated amount of $233,490). 2004-278 - 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 Engineering Department; authorizing the expenditure of funds therefore and providing an effective date (PSA 3219 - in an amount not to exceed $150,000). 2004-279 - An ordinance accepting competitive bids and awarding a public works contract for the construction of a new Civic Center Marquee and Electronic Message Board; providing for the expenditure of funds therefore; and providing an effective date (Bid 3209 - Civic Center Marquee and Electronic Message Board Project awarded to Starlite Sign, LP in the amount of $43,565). 2004-280 - An ordinance accepting sealed proposals and awarding a contract for All Risk Commercial Property Insurance Coverage including Catastrophic Vehicle and Boiler and Machinery for the City of Denton; providing for the expenditure of funds therefore and providing an effective date (RFSP 3207 - Commercial Property Insurance; Catastrophic Vehicle; Boiler and Machinery awarded to McGriff, Seibels & Williams of Texas, Inc. in the estimated amount of $248,659). 2004-281 - An ordinance approving the expenditure of funds for the purchase of epoxy coatings 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 3213 - Purchase of Epoxy Coatings to Raven Lining Systems, Inc. in the estimated amount of $45,000). 2004-282 - An ordinance accepting competitive bids and awarding a contract for the purchase of an 18-foot Windrow Composting Machine for the Beneficial Reuse Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3206 - 18-Foot Windrow Composting Machine awarded to McCourt and Sons Equipment, Inc. in the amount of $292,850 less $30,000 trade in of the existing unit, for a total award amount of $262,850). 2004-283 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of print materials for the Denton Public Library System; City of Denton City Council Minutes September 21, 2004 Page 8 providing for the expenditure of funds therefore; and providing an effective date (Bid 3210 - Print Materials awarded to Baker & Taylor, Inc. in the estimated amount of $300,000). Approved an exaction variance of Section 35.20.2 (L.3.a.) of the Code of Ordinance concerning improvements to a perimeter street. The parcel contains approximately 5.6 acres and is located on the proposed southwesterly corner of Centre Point Drive and Inman Street. The property is currently designated as a Downtown Commercial General (DC-G) zoning district, a hotel is proposed. The Planning and Zoning Commission recommends approval of the variance with a condition (7-0). ('F04-0021) 2004-284 - An ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and JVC Real Estate LLC on approximately .4545 acre of land at the Denton Municipal Airport; and providing an effective date. (Lockheed) 2004-285 - An ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and JVC Real Estate LLC on approximately 1.2396 acres of land at the Denton Municipal Airport; and providing an effective date. (Skylane) 2004-286 - An ordinance authorizing the City Manager to execute on behalf of the City of Denton Amendment No. 1 to an airport project participation agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport; and declaring an effective date. (Terminal Tower Grant) 2004-287 - An ordinance authorizing the City Manager, or his designee to execute an amendment of the Interlocal Agreement between the City of Denton dated effective August 1, 2004 between the City of Denton, the University of North Texas and McDonald Transit Associates, Inc. to provide for motor carrier passenger service for UNT Students, Staff and Faculty and providing for an effective date. 2004-288 - An ordinance of the City of Denton, Texas amending Chapter 21, Article ! of the Code of Ordinances of the City of Denton by adding a section establishing hours for the use of the Day Labor Site and regulating certain activities on the Day Labor Site; providing a savings clause; providing a severability clause; providing a penalty not to exceed five hundred dollars; and declaring an effective date. 2004-289 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Black Chamber of Commerce for arts and entertainment at the Blues Festival; providing for the expenditure of funds therefore; and providing for an effective date. City of Denton City Council Minutes September 21, 2004 Page 9 2004-290 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Historical Park Foundation of Denton County, Inc. for the restoration of the Quakertown house to an African American historical museum; providing for the expenditure of funds therefore; and providing for an effective date. 2004-291 - An ordinance authorizing an agreement between the City of Denton, Texas and the Greater Denton Arts Council to assist in funding of the American Presidential Contenders Exhibition; providing for the expenditure of funds therefore; and providing for an effective date. R2004-047 - A resolution authorizing Metzler's Food and Beverage to be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Event on October 9, 2004, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. 2004-292 - An ordinance of the City of Denton naming the City Hall Fountain located in Civic Center Park; and declaring an effective date. 2004-293 - An ordinance of the City of Denton naming the Skate Park located adjacent to the Water Works Park; and declaring an effective date. 2004-294 - An ordinance authorizing the City Manager to execute a personal services agreement with Barbara T. McCall Associates, Inc. to provide certain information and services with regard to legislation of interest to the city. Considered appointments to the following boards and commissions: 1. Animal Shelter Advisory Committee 6. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance amending Sub-Chapters 3 (Procedures), 13 (Site Design Standards), and 23 (Definitions) of the Development Code and amending the Application and Site Design Criteria Manuals associated with tree preservation. The Planning and Zoning Commission recommended approval (6-0). (SI03-0012, Tree Preservation Ordinance) Larry Reichhart, Assistant Director of Development Services, stated that at the last work session five items were discussed regarding revisions in the ordinance. The tree mitigation table was revised also. Mayor Pro Tem McNeill stated that the Council had charged the Tree Committee with a number of items to consider regarding the proposal. The Committee had not had a chance to meet and review the proposed changes to the ordinance. He suggested opening the public hearing to receive comments, not close the public hearing and postpone it to a date certain in order for the Committee to review the changes. City of Denton City Council Minutes September 21, 2004 Page 10 The Mayor opened the public hearing. The following individuals spoke during the public hearing: Bob Killam, 910 Edgewood Place, Denton, 76209 - in favor of an ordinance with revisions - form a standing environmental conservation board to monitor environmental issues Kenneth Yazel, 812 West Hickory, Denton, 76201 - concern regarding designation of trees on site plans and plats - trees were temporary and should not be included with the final plat. Bernadette Donahue, 602 West Hickory, Denton, 76201 - not strong enough language for compliance with the ordinance-moratorium on cutting trees until ordinance in place. Peggy LaPoint, 1900 Highland Park Circle, Denton, 76205 - in favor of the ordinance but it still needed revisions. Chris Briggs, 1308 Bryn Mawr, Denton, 76201 - in favor of ordinance with three points to clarify; unauthorized clearing of trees; verification of a letter regarding the historical nature of trees; and a survey of the tree stand. Cynthia Maguire, 2412 Shenandoah Trail, Denton, 76210 - favor of an ordinance but still needed to be revised - weak in enforcement Ed Soph, 1620 Victoria, Denton, 76209 - establish a citizen tree board and hire a city arborist. Read comments from Owen Yost indicating concerns with the proposed ordinance. Mike Drury, 2115 Highland Park Road, Denton, 76205 - questions regarding nursery trees; diseased trees qualified by certified individual. Comment cards were received from: Michelle Daniels, 324 Fulton, Denton, 76201 - opposed to ordinance. Grace Chalon, 1401 Broadway, Denton, 76201 - opposed to ordinance Heidi Klein, 621 Hillcrest, 76201 -opposed to ordinance McNeill motioned, Montgomery seconded to continue the public hearing to the October 19th city council meeting. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "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 rezoning approximately 4.7 acres from Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use (NRMU) zoning districts to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with an overlay; approximately 23.8 acres from Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use (NRMU) zoning districts to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district; and approximately 18.6 acres from Neighborhood Residential 2 (NR-2) and Neighborhood Residential 3 (NR-3) zoning districts to a Neighborhood Residential 2 (NR-2) zoning district. The proposed 47.1-acre site was located on the south side of Interstate 35 East, approximately 1,000 feet south of Wind River Lane. The Planning and Zoning Commission recommended approval with the condition that the overlay permit only professional office uses (7-0). (Z04-0033, Unicorn Lake) Larry Reichhart, Assistant Director of Planning and Development Services, reviewed the proposed changes in the zoning of the property. City of Denton City Council Minutes September 21, 2004 Page 11 The Mayor opened the public hearing. The following individuals spoke during the public hearing. Mark Donaldson, Carter and Burgess, in support of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-295 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FOR APPROXIMATELY 47.1 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF INTERSTATE 35 EAST, APPROXIMATELY 1,000 FEET SOUTH OF W1ND RIVER LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS WITHIN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950, WITH APPROXIMATELY 4.7 ACRES BEING CHANGED FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD RESIDENTIAL 3 (NR-3) AND NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICTS TO A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT WITH AN OVERLAY FOR PROFESSIONAL OFFICE USES ONLY; APPROXIMATELY 23.8 ACRES BEING CHANGED FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) AND NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICTS TO A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT; AND APPROXIMATELY 18.6 ACRES BEING CHANGED FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) AND NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICTS TO A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0033). Redmon motioned, Mulroy 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 carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 3.6 acres from Downtown Residential 2 (DR-2) zoning district to Downtown Commercial General (DC-G) zoning district. The property was located approximately 300 feet west of Bonnie Brae, on the south side of Oak Street. The Planning and Zoning Commission recommended approval (6-0). (Z04-0030, 2401 West Oak Street, Chris Fuller). Larry Reichhart, Assistant Director for Planning and Development Services, presented the details of the proposal. The intended use of the property was for medical offices. The Mayor opened the public hearing. City of Denton City Council Minutes September 21, 2004 Page 12 No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-296 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT TO THE DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3.6 ACRES OF LAND LOCATED APPROXIMATELY 300 FEET WEST OF BONNIE BRAE, ON THE SOUTH SIDE OF OAK STREET 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. (Z04-0030) McNeill motioned, Kamp seconded to adopt the ordinance. "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", "aye". Motion carried unanimously. On roll vote, Kamp "aye", McNeill Thomson "aye" and Mayor Brock D. The Council held a public hearing and considered adoption of an ordinance granting approval of a license agreement for the subsurface use of a portion of the South Lakes Park approximately 4,300 feet for the purpose of a fiber optics communications cable in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of license; and providing an effective date. Bob Tickner, Superintendent of Parks Planning, presented the details of the proposed use of the park property. A public hearing was required due to the use of park property for non-park uses. The DISD was requesting to use a subsurface portion of the property for its fiber optics cable to link up several schools in the area. 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. 2004-297 AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF A PORTION OF THE SOUTH LAKES PARK APPROXIMATELY 4,300 FEET FOR THE PURPOSE OF A FIBER OPTICS COMMUNICATIONS CABLE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF LICENSE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes September 21, 2004 Page 13 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 carried unanimously. 7. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution of the City Council of the City of Denton, Texas, stating commitment to the continuation of adequate funding for implementation and support of the City of Denton "Environmental Protection Agency and Texas Commission on Environmental Quality Approved Pretreatment Program Pilot Project," as modified under Project XL; authorizing the execution by the City Manager of documents providing for modification of said project; and providing an effective date. Kenneth Banks, Watershed Resource Manager, presented the details of the proposal. He detailed the importance of the project to the city and the watershed management. The resolution would extend the program until 2010 to continue with the research work. The following resolution was considered: NO. R2004-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, STAT1NG COMMITMENT TO THE CONTINUATION OF ADEQUATE FUND1NG FOR IMPLEMENTATION AND SUPPORT OF THE CITY OF DENTON "ENVIRONMENTAL PROTECTION AGENCY AND TEXAS COMMISSION ON ENVIRONMENTAL QUALITY APPROVED PRETREATMENT PROGRAM PILOT PROJECT," AS MODIFIED UNDER PROJECT XL; AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF DOCUMENTS PROVIDING FOR MODIFICATION OF SAID PROJECT; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Montgomery 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. B. The Council considered approval of a resolution of the City Council of the City of Denton, Texas authorizing the Mayor to sign and send a letter addressed to officials of the Texas Commission on Environmental Quality requesting a public meeting on the application of Safety- Kleen Systems, Inc. for Permit Renewal and Amendment to Authorize Continued Receiving, Storage and Processing of Industrial and Municipal Hazardous and Non-Hazardous Wastes (TCCEQ Permit No. 50163); and providing an effective date. Kenneth Banks, Watershed Resource Manager, stated that the resolution would approve a letter from the Mayor to TCEQ for a public hearing to be held in Denton regarding the application of Safety Kleen for a hazardous waste permit to accept a larger list of wastes at the facility. A Comment card was received from Ed Soph in favor of the resolution. The following resolution was considered: City of Denton City Council Minutes September 21, 2004 Page 14 NO. R2004-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO SIGN AND SEND A LETTER ADDRESSED TO OFFICIALS OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY REQUESTING A PUBLIC MEETING ON THE APPLICATION OF SAFETY-KLEEN SYSTEMS, INC. FOR PERMIT RENEWAL AND AMENDMENT TO AUTHORIZE CONTINUED RECEIVING, STORAGE AND PROCESSING OF iNDUSTRIAL AND MUNICIPAL HAZARDOUS AND NON-HAZARDOUS WASTES (TCCEQ PERMIT NO. 50163); AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, McNeill seconded to approve the resolution plus contact the City's state representatives regarding the public hearing. 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 appointing a voting delegate and an alternate voting delegate to the National League of Cities Annual Congress of Cities. Council Member Redmon nominated Mayor Brock and Mayor Pro Tem McNeill as voting and alternate voting delegates. After discussion, Redmon nominated, Mulroy seconded to appoint Mayor Pro Tem McNeill as voting delegate and Council Member Montgomery as alternate voting delegate. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered nominations/appointments to the City's Economic Development Partnership Board. Council Member Kamp indicated that the Committee still had one nomination to make and requested consideration to the next meeting. E. The Council considered approval of a resolution of the City of Denton, Texas, authorizing participation in and cooperation with a coalition of cities within CoServ Gas, Ltd's system including the authority to hire legal and consulting services and the authority to negotiate with the Company and to direct any necessary litigation; authorizing the hiring of Diversified Utility Consultants, Inc. to investigate and to respond to the filings of CoServ Gas Ltd.; authorizing intervention in any proceedings at the Railroad Commission; suspending the effective date of CoServ Gas's requested gas rate changes as set forth in their Statement of Intent filed with the City Secretary to permit the City time to study the request and establish reasonable rates; requiring the reimbursement of municipal rate case expenses; requiring notice of this Resolution to the Company; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. City Attorney Prouty reviewed the details of the CoServ request for a rate increase. This resolution would suspend the effective date of the rate increase and authorize the City to join with other cities to investigate the rate request. City of Denton City Council Minutes September 21, 2004 Page 15 The following resolution was considered: NO. R2004-050 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING PARTICIPATION IN AND COOPERATION WITH A COALITION OF CITIES WITHIN COSERV GAS, LTD'S SYSTEM INCLUDING THE AUTHORITY TO HIRE LEGAL AND CONSULTING SERVICES AND THE AUTHORITY TO NEGOTIATE WITH THE COMPANY AND TO DIRECT ANY NECESSARY LITIGATION; AUTHORIZING THE HIRING OF DIVERSIFIED UTILITY CONSULTANTS, INC. TO INVESTIGATE AND TO RESPOND TO THE FILINGS OF COSERV GAS LTD.; AUTHORIZING INTERVENTION IN ANY PROCEEDINGS AT THE RAILROAD COMMISSION; SUSPENDING THE EFFECTIVE DATE OF COSERV GAS'S REQUESTED GAS RATE CHANGES AS SET FORTH IN THEIR STATEMENT OF INTENT FILED WITH THE CITY SECRETARY TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND ESTABLISH REASONABLE RATES; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY; F1ND1NG THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER F1ND1NGS AND PROVISIONS RELATED TO THE SUBJECT; 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. F. The Council considered adoption of an ordinance amending Ordinance No. 2004- 182 and Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas; providing adjustments to the time limits for citizen reports and requiring groups of ten or more speakers to provide written designation to the City Secretary of their speaker representative; providing for the placement of citizen reports on the City Council agendas; and making such other changes as are set forth herein; providing a savings clause; providing a severability clause; and declaring an effective date. City Attorney Prouty stated that these were suggested follow-up from the Council's Planning and Work Session discussions. A Comment card in opposition was received from Ed Soph, 1620 Victoria, Denton, 76209. The following ordinance was considered: NO. 2004-298 AN ORDINANCE AMENDING ORDINANCE NO. 2004-182 AND SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; PROVIDING ADJUSTMENTS TO THE TIME LIMITS FOR CITIZEN REPORTS AND REQUIRING GROUPS OF TEN OR MORE SPEAKERS TO PROVIDE WRITTEN DESIGNATION TO THE CITY SECRETARY OF THEIR SPEAKER REPRESENTATIVE; PROVIDING FOR THE City of Denton City Council Minutes September 21, 2004 Page 16 PLACEMENT OF CITIZEN REPORTS ON THE CITY COUNCIL AGENDAS; AND MAKING SUCH OTHER CHANGES AS ARE SET FORTH HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", "aye". Motion carried unanimously. On roll vote, Kamp "aye", McNeill Thomson "aye" and Mayor Brock G. New Business There were no items of New Business suggested by Council. 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. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no Closed Session at this meeting. 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 8:47 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULiNEBROCK MAYOR CITY OFDENTON, TEXAS