Minutes April 19, 2005
CITY OF DENTON CITY COUNCIL MINUTES
April 19,2005
After determining that a quorum was present, the City Council convened in a Work: Session on
Tuesday, April 19, 2005 at 4:30 p.m. in the Council Work: Session Room at City Hall.
PRESENT:
Mayor Brock:; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT:
Council Member Redmon
1. The Council received a report, held a discussion and provided staff direction regarding
possible uses of the former "Old" Central Fire Station.
Ross Chadwick:, Fire Chief, provided back:ground information regarding the Station. The Station
was currently used as a storage area for haz/mat materials and fire equipment. The Station was
closed in 2000 due to a discovery of a dangerous mold, which was considered a potential health
hazard.
Council Member Redmon arrived at the meeting.
Chadwick: continued that in 2001 a Task: Force was convened to look: at options for uses of the
station. Those options included razing the building for a park:ing lot; using the facility for a
rehearsal hall for the community theatre; converting the building into a maintenance and storage
facility for the Fire Department; razing the building and using the land for downtown
redevelopment. A study was done in 2001 to evaluate control of groundwater at the Station. It
was estimated that it would tak:e approximately $1.1 million to mak:e the building habitable. In
2001 it was estimated to cost approximately $250,000 to demolish the building. Staff was
seek:ing direction from Council regarding use of the building.
Council discussion included:
.
If the building were tak:en down, not many park:ing spaces would be gained - 20-30
additional spots over what was there currently would be an estimate.
What was the office space for the building - 10,000 square feet.
Paris Rutherford was look:ing at this area in the scope of his contract for the downtown
and could possibly include the Station in his scope of service.
Legal questions had to be considered if the building were given to another entity or if
loaned to a non-profit group - concern about mold still in the building.
Could other departments use the building?
The assumption was that underground water was the cause of the mold - yes and if not
corrected, there would still be the problem with the mold.
Storage was not the best utilization of the building.
.
.
.
.
.
.
Consensus of the Council was to have Paris Rutherford include a review of the building in his
study of the downtown area and provide recommendations for the usage of the building.
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April 19,2005
Page 2
2. The Council received a report, held a discussion and gave staff direction concerning
Denton's 2005 update to the Water Conservation and Drought Contingency Plan.
Tim Fisher, Assistant Director of Water Utilities, presented minimum plan requirements for the
water conservation and drought contingency plans plus additional content and conservation
strategies. He reviewed the user class reporting requirements and the per-capita goals. A lawn
and landscape irrigation ordinance was being proposed that would not allow excessive watering
of pavement, require proper maintenance of irrigation systems, not allow watering during any
form of precipitation, require rain sensors on all new systems and would be implemented in
2006-07.
Council discussed that the current code enforcement would be very expensive and that requiring
sensors appeared to be too onerous for the homeowners. The 1 % water reduction goal seemed
too small a number for Stage One with 5% being a good minimum.
Consensus of the Council was to tak:e the 1 % out of Stage One.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for April 19, 2005.
City Manager Conduff stated that #F needed to be removed from the Consent Agenda.
Following the completion of the Work: Session, the City Council convened in a Closed Meeting
to consider specific items listed below under the Closed Meeting section of this agenda.
1.
Closed Meeting:
A.
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071
1.
Discussed and considered legal issues concerning the Airport Oil & Gas
Lease, under Section 551.071 and Section 551.072 of the Texas
Government Code, 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 Denton City Council on Tuesday, April 19, 2005 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.
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April 19,2005
Page 3
2.
PROCLAMA TIONS/PRESENT A TIONS
A.
Proclamations/Awards
Bianca Lopez was awarded a certificate from Officer Mik:e Sweet, Environmental Crimes Unit,
for naming the Bik:e Bot.
B.
April Yard -of- the- Month Awards
Mayor Brock: presented the following Yard of the Month awards:
Janice Dobbs
Marcia Merritt
Glenda Brock: and Gerald Simmons
Wanda Park:s
Randy and Pam Bleigh
Jeannine LaBruzzo
Business - Nationwide Insurance: The Wade Hunt Agency
C.
Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
3.
CONSENT AGENDA
Mayor Brock: indicated that Item #F had been withdrawn from consideration.
McN eill motioned, Mulroy seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item F. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock:
"aye". Motion carried unanimously.
A.
Approved the minutes of March 22, 2005.
B.
2005-116 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Our Daily Bread to assist in providing food
supplies; providing for the expenditure of funds therefore; and providing for an
effective date.
C.
2005 -11 7 - An ordinance awarding a contract for the purchase of CISCO Network:
Equipment for the Emergency Operations Center for the City of Denton Fire
Department as approved by the State of Texas Building and Procurement
Commission Department of Information Resources (DIR); providing for the
expenditure of funds therefor; and providing an effective date (File 3328 -
Purchase of CISCO Network: Equipment for Emergency Operations Center
awarded to InterNetwork: Experts in the amount of$33,015.60).
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April 19,2005
Page 4
D.
2005-118 - An ordinance approving the expenditure of funds for the purchase of
Opticom Parts for the City of Denton Traffic Control Division 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 3326 - Purchase of 3M Opticom Parts awarded to Consolidated Traffic
Controls, Inc. in the estimated amount of $50,000).
E.
2005 -119 - An ordinance accepting competitive bids and awarding a contract for
purchase of Bunk:er Gear and Turnout Gear for the City of Denton Fire
Department; providing for the expenditure of funds therefor; and providing for an
effective date (Bid 3317 - Bunk:er Gear/Turnout Gear awarded to Casco
Industries in the annual estimated amount of $94,150).
F.
Note - This item was not considered - an ordinance accepting competitive bids
and awarding a contract for the purchase of two 25 -yard rear load refuse truck:
bodies for the City of Denton Solid Waste Department; providing for the
expenditure of funds therefor; and providing for an effective date (Bid 3322 - 25-
Yard Rear Load Refuse Truck: Body awarded to Heil of Texas in the amount of
$97,750). The Public Utilities Board recommended approval 4-0.
G.
2005-120 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute an agreement for professional legal services with the law firm
of Booth, Ahrens & Werk:enthin, P.C., a Texas Professional Corporation, for legal
services pertaining to numerous listed water and wastewater issues; regulatory
activities; and other related matters affecting the interests of Denton, Texas;
authorizing the expenditure of funds therefor; providing for retroactive approval
of the agreement; and providing an effective date. The Public Utilities Board
recommended approval 6-0.
H.
2005-121 - An ordinance amending Chapter 26 of the Code of Ordinances of the
City of Denton, Texas by adding thereto Section 26-233 "Water Conservation and
Drought Contingency Plan"; and Section 26-234 "Criminal and Civil Penalties";
adopting a Water Conservation and Drought Contingency Plan in accordance with
the requirements of the law; establishing criteria for the initiation and termination
of drought response stages; establishing restrictions on certain water uses;
establishing procedures for granting variances; providing a criminal penalty not to
exceed $2,000 per violation; providing a civil penalty not to exceed $1,000 per
day per violation; and charging various 20% surcharge penalties on excessive
water use; providing a savings clause; providing a severability clause; and
providing an effective date. The Public Utilities Board recommended approval
4-0.
I.
R2005-0 13 - A resolution establishing a standing process for City Council
appointee performance reviews; and providing an effective date.
J.
R2005-0 14 - A resolution of the City of Denton, 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
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April 19,2005
Page 5
Providers pursuant to Chapter 283 of the Texas Local Government Code, ("HB
1777"), and providing an effective date.
K.
2005 -122 - An ordinance approving an encroachment agreement between the City
of Denton and Denton Area Teachers Credit Union, to allow a monument sign to
be located within an exiting city public utility easement along Teasley Lane; and
providing an effective date thereof.
4.
PUBLI C HEARINGS
A. The Council continued a public hearing and considered adoption of an ordinance
rezoning approximately 19.85 acres from the Neighborhood Residential 4 (NR-4) zoning district
to the Neighborhood Residential Mixed Use-12 (NRMU-12) zoning district with an overlay.
The property was located on the east side of HinkJe Drive, approximately 850 feet north of
University Drive, and approximately 1,200 feet west of Carroll Boulevard. The Planning and
Zoning Commission recommended denial (6-0). NOTE: A SUPERMAJORITY VOTE BY THE
COUNCIL WAS REQUIRED FOR APPROVAL. (204-0009, Hinkle Addition)
Larry Reichhart, Assistant Director for Planning and Development, stated that the applicant was
requesting an overlay to restrict multifamily development. Opposition to the request was over
20% of the property owners within 200 feet of the site thus requiring a supermaj ority vote of the
Council. A large drainage channel identified as flood plain divided the property.
Mayor Brock: indicated that this was a continued public hearing from a prior meeting.
The following individuals spok:e during the public hearing:
Randall Smith, representing the petitioner- favor - develop offices on the property
Ann Enos, 1212 Bryan Mawr, Denton, 76201 - opposed
Chris and Keely Briggs submitted a comment card in opposition to the proposal.
The Mayor closed the public hearing.
Thomson motioned, Redmon seconded to deny the request. . On roll vote, Kamp "aye",
McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock: "aye". Motion carried unanimously.
5.
ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution appointing a special five (5)
member Oversight Committee to monitor, evaluate, and report on the progress of the five-year
Capital Improvements Program, subj ect to the authorization of the voters at the Bond Election on
February 5, 2005, and providing an effective date.
Kathy DuBose, Assistant City Manager, presented information regarding the resolution. An
oversight committee would be established to monitor the capital improvement program and
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April 19,2005
Page 6
report on the progress of the program. The committee would consist of 5 members from the
original committee.
The following resolution was considered:
NO. R2005-015
A RESOLUTION APPOINTING A SPECIAL FIVE (5) MEMBER OVERSIGHT
COMMITTEE TO MONITOR, EVALUATE, AND REPORT ON THE PROGRESS OF
THE FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM, SUBJECT TO THE
AUTHORIZATION OF THE VOTERS AT THE BOND ELECTION ON FEBRUARY
5,2005, AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Redmon seconded to approve the resolution. On roll vote, Kamp "aye",
McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock: "aye". Motion carried unanimously.
B. The Council received a report, held a discussion, and gave Staff direction
regarding the "Fry Street Fair." The Council also considered a request for an exception to the
Noise Ordinance for the purpose of a music festival, Fry Street Fair, conducted by Delta Lodge,
in the area of Fry Street and the back:yard of the Delta Lodge. The event was to be on Saturday,
April 23, 2005, from 12:00 p.m. to 8:00 p.m. The exception was specifically requested for an
increase in the allowable decibels for an outdoor music festival from 70 decibels to 75 decibels.
Rick: Jones, Fire Marshal, presented an update on the request from the Delta Lodge. Lodge
representatives had met with staff and the committee and had met all the requirements and
expectations as set forth at this time.
Council discussion included:
.
Had the debt to UNT and the public safety issues been satisfied - all requirements to
date had been tak:en care of. There was a memorandum of understanding from UNT, a
check: to the City for additional security and the requested insurance policy had also been
met. A public safety plan had been presented and approved.
Provisions for a litter free event - the Lodge had agreed to clean up the neighborhood
both after the event and on Sunday.
Provisions for the spillover area - a deposit had been paid towards security to cover the
overflow area with a debriefing in July after the event.
.
.
Mark: Tish, 1305 W. Oak:, and Anna Cambell,726 Bolivar, spok:e in favor of the request.
Thomson motioned, Kamp seconded to approve the request to increase the decibel level. On roll
vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson
"aye" and Mayor Brock: "aye". Motion carried unanimously.
C.
Citizen Reports
1. Review of procedures for addressing the City Council.
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April 19,2005
Page 7
2.
The Council received citizen reports from the following:
A.
Dessie Goodson regarding responsibility.
Ms. Goodson felt that the Council should not openly support candidates for city council. She
had completed a survey regarding individuals not paying their taxes and whether they would vote
for individuals who did not pay taxes. The results showed that people would not vote for
individuals who did not pay their taxes.
B.
Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth presented comments regarding Council procedures and the rules to try and limit
his speak:ing to the Council by placing citizen reports at the end of the meeting. He also
expressed concerns regarding the Consent Agenda and the fact that none of the Council ever
disagreed with each other. He felt this might be "baclaoom politics".
C.
Jordan Hudspeth regarding concerns of Southeast Denton.
Jordan and Lanisha Hudspeth indicated that they would lik:e to be firemen but couldn't because
they lived in Denton.
D.
Lanisha Hudspeth regarding concerns of Southeast Denton.
Lanisha Hudspeth spok:e with Jordan Hudspeth.
E.
Hagar Hudspeth regarding concerns of Southeast Denton.
Hagar Hudspeth did not speak:.
F.
Lou Lowther regarding the importance of voting in the May City
Council election for District One residents.
Ms. Lowther read a statement regarding voting in the upcoming city council election.
D.
New Business
The following items of New Business were suggested by Council Members for future agendas:
1. Council Member Montgomery requested a work: session regarding residential cart
service for solid waste.
E.
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.
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April 19,2005
Page 8
F.
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.
G.
Official Action on Closed Meeting Item( s) under Sections 551.071- 551.086 of the
Texas Open Meetings Act.
McN eill motioned, Montgomery seconded to instruct the City Manager to implement the lease
modifications as discussed in Closed Session. On roll vote, Kamp "aye", McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye".
Motion carried unanimously.
With no further business the meeting was adj ourned.
Euline Brock:
Mayor
City of Denton, Texas
Jennifer Walters
City Secretary
City of Denton, Texas