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Minutes April 5, 2005 CITY OF DENTON CITY COUNCIL MINUTES AprilS, 2005 After determining that a quorum was present, the City Council convened in a Work: Session on Tuesday, AprilS, 2005 at 4:30 p.m. in the Council Work: Session Room at City Hall. PRESENT: Mayor Brock:; Mayor Pro Tem McNeill; Mulroy, Redmon and Thomson. ABSENT: Council Members Kamp and Montgomery 1. The Council received a funding recommendations report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). The Council held a discussion and gave staff direction regarding the proposed 2005 Action Plan for Housing and Community Development and 2005-2009 Consolidated Plan for Housing and Community Development. Barbara Ross, Community Development Administrator, stated that both committees had spent many hours reviewing requests from a number of organizations for funding requests. She reviewed the process that the committees went through in order to reach their funding recommendations for Council. Ed Tourraine, Chair-Community Development Advisory Committee, stated that four meetings were held to review each of the funding requests. He reviewed the Committee process involved in reaching a decision. Carol Bounds, Human Services Advisory Committee, reviewed the process that the Committee used to review the funding requests. Council discussion included: . Challenge with late applications from human service agencies - two applications were received late, after discussion and a tie vote, the chair had to mak:e the decision on whether or not to accept those applications. They were accepted with one funded and one not funded. Agencies serving population outside of Denton - the agencies had to report how the funds were spent which could not be used outside the city. Denton was providing services for more than just the city and providing services for county residents. Some agencies were only ask:ing for funds from Denton but were serving populations outside Denton. Consideration of a budget requirement - provide a census of how long recipients had resided in Denton. . . . . Wendy Nalls, Human Services Coordinator, stated that type of information could be provided Council as it showed that the funds provided by the City of Denton were only being used for Denton residents. That was a prerequisite for funding from the city. City Manager Conduff stated that staff was directed to work: with the Committees to request a funding amount no more than the amount from last year. The recommendation brought forward was $48,000 more than last year with no reduction in amounts. In order to provide this funding City of Denton City Council Minutes AprilS, 2005 Page 2 allocation, one more employee reduction would have to be done and total funding recommendations would require the reduction of three more employees. Ross requested that if Council wanted changes to the planned use of the funds to allow the Committees to mak:e the changes based on Council's guidance. Consensus of the Council was be bring back: information on the census as requested and then look: at funding recommendations. 2. The Council received a report, held a discussion and gave staff direction on gas well surface rights and mineral rights. Dottie Palumbo, Assistant City Attorney, stated that this would be a general discussion of the legal principles dealing with gas well surface rights and mineral rights. Mineral state was the dominant state for surface rights. Municipal regulations were not preempted by the Railroad Commission when regulated in the city limits or in the extraterritorial jurisdiction. Council discussion included: . Did Denton inspect wells outside the city limits - yes, Council had passed an ordinance allowing the City to do that for watershed protection only. Had there been any challenges to the either the original City ordinance or the amendment - no claims had been filed to date. How was the money coming from the gas wells being handled so that the city would not become dependent on that revenue - Council would be discussing that in an upcoming session on the financial forecast. . . 3. Staff responded to requests for clarification of consent agenda items listed on the Consent Agenda for the meeting of AprilS, 2005. The Council then adjourned into Closed Session to discuss Item #2. Regular Meeting of the City of Denton City Council on Tuesday, AprilS, 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. 2. PROCLAMA TIONS/PRESENT A TIONS A. Proclamations/Awards 1. Council considered a Resolution of Appreciation for Sammy Davis. City of Denton City Council Minutes AprilS, 2005 Page 3 Thomson motioned, Mulroy seconded to approve the resolution. On roll vote, McNeill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. The City was presented a Tree City USA award and an award for the City's tree preservation ordinance from the National Forest Service. Mayor Brock: read a proclamation for Redbud Day and for Presbyterian Hospital Day. B. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. 3. CONSENT AGENDA Mulroy motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, McNeill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. A. 2005-104 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to approve a Right-of-Way Use Agreement to allow continued existence of a monument sign within street right- of-way at McKamy Boulevard and North Locust Street to indicate entryway into McKamy Evers Estates; and providing an effective date. B. 2005-105 - An ordinance approving an Easement to Verizon Wireless across City of Denton property being a tract of land situated in the Mary Austin Survey, Abstract No.4, in the City of Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block: 2 of the Municipal Utility Addition, an addition to the City of Denton, as recorded in Cabinet G, Page 346, Plat Records of the Real Property Records of Denton County, Texas; and providing an effective date. The Public Utilities Board recommended approval (6-0). C. Approved tax refunds for the following property taxes: Name Tax Year Amount Reason 2. Choice Homes Inc $863.45 Duplicate Payment 2004 6. First American Comm RE Tax Svcs/M & A Texas VE Ltd Duplicate Payment 2004 $16,542.71 8. Duplicate Payment $7,855.30 Jones, Jeanne S 2004 10. Maritn, Gary L Duplicate Payment $1,278.83 2004 City of Denton City Council Minutes AprilS, 2005 Page 4 Name Tax Year Amount Reason D. 2005-106 - An ordinance accepting competitive bids and awarding a two-year contract for the purchase of water and sewer parts for the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (Bid 3244 - Two-Year Contract for Water and Sewer Inventory awarded to the lowest responsible bidder for each section in the annual estimated amount of $500,000). The Public Utilities Board recommended approval (6-0). E. 2005-107 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of substation switches for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3300 - Three-Year Contract for Substation Switches awarded to the lowest responsible bidder for each item as listed in Exhibit A). The Public Utilities Board recommended approval (6-0). F. 2005 -108 - An ordinance accepting competitive bids and awarding a contract for library shelving end panels and countertops for the Denton Public Library System; providing for the expenditure of funds therefor; and providing an effective date (Bid 3305 - Library Shelving End Panels and Countertops awarded to the Asmar Custom Cabinets, Inc. in the amount of $32,465.20). G. 2005-109 - An ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for construction services to construct a corporate apron and stub taxiway at the airport; authorizing and directing the City Manager to expend funds provided for in the grant program; and declaring an effective date. (TxDOT Project No.: AP DENTON 9; and TxDOT CSJ No.: 0518DENTO). The Airport Advisory Board recommended approval (5-0). H. Approved the minutes of: February 1,2005 February 7,2005 February 8, 2005 February 9,2005 February 16,2005 February 22,2005 March 1,2005 March 7,2005 March 8, 2005 City of Denton City Council Minutes AprilS, 2005 Page 5 I. 2005-110 - An ordinance of the City of Denton, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2005 Summer Food Service Program; if such funding is granted, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. 4. PUBLI C HEARINGS A. The Council held a public hearing inviting citizens to comment on the City of Denton's 2005-2009 Consolidated Plan for Housing and Community Development and the 2005 Action Plan. Barbara Ross, Community Development Administrator, stated that the five-year plan included demographic and housing information for the City of Denton. It set forth the strategies for the next five years for expenditures of funds by community development. These recommendations were broad enough to allow citizens and council to mak:e more specific decisions on an annual basis. The Mayor opened the public hearing. The following individuals spok:e during the public hearing: Stan Morton, 43 Wellington Oak:s Circle, Denton - in support of People's Clinic Bob Clifton, 311 S. Locust, Denton, 76201 - opposed to funding for city proj ects George Gibson, 1401 L ynhurst, Denton - in support of Our Daily Bread Tim King, 3609 Oak:view Place, Denton, 76210, in support of Peoples Clinic Dessie Goodson, opposed to funding for city proj ects The Mayor closed the public hearing. No official action was needed at this time. B. The Council held 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) Mayor Brock: indicated that as there were only five members present for this meeting, a supermajority vote was not possible. The public hearing would be opened for comments and then continued to the next regular meeting. The Mayor opened the public hearing. No one spok:e during the public hearing. City of Denton City Council Minutes AprilS, 2005 Page 6 McNeill motioned, Mulroy seconded to continue the public hearing to the April 19, 2005 meeting. On roll vote, McNeill "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 granting approval of a public street easement for the surface use of an approximate 0.05 acre portion of the Denton Branch Rail Trail for the purpose of a public street at Woodrow Lane in accordance with Chapter 26 of the Texas Park:s and Wildlife Code; providing for the issuance of a Public Street Easement, and providing an effective date. The Park:s, Recreation and Beautification Board recommended approval (5-0). Janet Simpson, Director of Park:s and Recreation, stated that this was a public street easement for the widening of Woodrow Lane. A public hearing was required per the Texas Park:s and Wildlife Code as the proposed use was for something other than a park:. The Mayor opened the public hearing. No one spok:e during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-111 AN ORDINANCE GRANTING APPROVAL OF A PUBLIC STREET EASEMENT FOR THE SURFACE USE OF AN APPROXIMATE 0.05 ACRE PORTION OF THE DENTON BRANCH RAIL TRAIL FOR THE PURPOSE OF A PUBLIC STREET AT WOODROW LANE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A PUBLIC STREET EASEMENT, AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Redmon seconded to adopt the ordinance. On roll vote, McNeill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance concerning an Alternative Development Plan for approximately 3.2 acres of land located in a Regional Centers Commercial Downtown (RCC- D) zoning district. The proposed site was generally located at the southwest corner of Wind river Lane and 1-35 E frontage road intersection. Two restaurants were proposed. The Planning and Zoning Commission recommended approval (5-0). (ADP04-0009, Shady Oaks BBQ and Mexican Grille) Kelly Carpenter, Director of Planning and Development Services, stated that 118 additional spaces for park:ing were proposed which were above what was required for the proposal. A variety of improvements were proposed for the area to allow for the additional paving for park:ing. City of Denton City Council Minutes AprilS, 2005 Page 7 The following ordinance was considered: No. 2005-112 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 3.2 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WINDRIVER LAND AND 1-35, WITHIN A REGIONAL COMMERCIAL CENTER DOWNTOWN (RCC-D) ZONING DISTRICTS SITUATED IN THE M.E.P & P.R.R. SURVEY, ABSTRACT NO. 950, 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. (ADP04-0009) McN eill motioned, Mulroy seconded to adopt the ordinance. On roll vote, McNeill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting sealed competitive proposals and awarding a contract for construction services for renovations to the City of Denton Municipal Jail; providing for the expenditure of funds therefor and providing an effective date (RFSCP 3290 - Additions to Denton City Jail awarded to Jones and Jeffery Construction Co., Inc. in an amount not to exceed $317,992.30). Bruce Henington, Director of Facilities Management, presented the details of the proposed renovation. The renovations would increase cell capacity from 18 to 34, provide two additional cells, increase ceiling security, provide a restroom for officers, provide a holding cell, and enhance existing security. Maintenance components of the renovation would re-k:ey the area, replace the door control panel, enhance security through additional cameras, provide a defibrillator, replace the washer/dryer, provide a new chiller, and new detention furniture. The following ordinance was considered: NO. 2005-113 AN ORDINANCE ACCEPTING SEALED COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR CONSTRUCTION SERVICES FOR RENOVATIONS TO THE CITY OF DENTON MUNICIPAL JAIL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFSCP 3290 - ADDITIONS TO DENTON CITY JAIL AWARDED TO JONES AND JEFFERY CONSTRUCTION CO., INC. IN AN AMOUNT NOT TO EXCEED $317,992.30). Mulroy motioned, Thomson seconded to adopt the ordinance as presented. On roll vote, McN eill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. City of Denton City Council Minutes AprilS, 2005 Page 8 C. The Council considered approval of a resolution of the City Council of the City of Denton, Texas, authorizing the City Council of the City of Denton to provide comments to the North Central Texas Council of Governments concerning coordination of the alignment of the Trans- Texas Corridor; and providing for an effective date. Jon Fortune, Assistant City Manager, stated this item and next were related. The first resolution authorized a letter to the Council of Government seek:ing support for a northern connector for alignment of the Trans-Texas Corridor. The following resolution was considered: NO. R2005-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY COUNCIL OF THE CITY OF DENTON TO PROVIDE COMMENTS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS CONCERNING COORDINATION OF THE ALIGNMENT OF THE TRANS-TEXAS CORRIDOR; AND PROVIDING FOR AN EFFECTIVE DATE. McN eill motioned, Thomson seconded to approve the resolution. On roll vote, McNeill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. D. The Council considered approval of a resolution of the City Council of the City of Denton, Texas, establishing a regional policy position regarding the Texas Department of Transportation's Trans-Texas Corridor - 35 Initiative; and providing for an effective date. Jon Fortune, Assistant City Manager, stated that the Regional Transportation Council had adopted a regional policy for the Trans-Texas corridor and the Council Mobility Committee felt it was important to adopt a resolution adopting same policy as the R TC. The following resolution was considered: NO. R2005-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ESTABLISHING A REGIONAL POLICY POSITION REGARDING THE TEXAS DEPARTMENT OF TRANSPORTATION'S TRANS-TEXAS CORRIDOR - 35 INITIATIVE; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, , McNeill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance providing for the reassignment of the City Attorney and the appointment of an Interim City Attorney; and providing an effective date. The Council Appointee Performance Measures Committee recommended approval. City of Denton City Council Minutes AprilS, 2005 Page 9 Mayor Pro Tem McNeill stated that the Committee had work:ed with the City Attorney on this reassignment and recommended acceptance of the retirement of Herb Prouty and the appointment of Ed Snyder as interim city attorney. The following ordinance was considered: NO. 2005-114 AN ORDINANCE PROVIDING FOR THE REASSIGNMENT OF THE CITY A TTO RNEY AND THE APPOINTMENT OF AN INTERIM CITY A TTO RNEY; AND PROVIDING AN EFFECTIVE DATE. McN eill motioned, Thomson seconded to adopt the ordinance. On roll vote, McNeill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance approving a personal and professional services contract between the City of Denton and Herbert L. Prouty; authorizing the expenditure of funds; and providing an effective date. The Council Appointee Performance Measures Committee recommended approval. Mayor Pro Tem McNeill stated that Mr. Prouty would assist with the continuance of his services in order to help with the transition. The following ordinance was considered: NO. 2005-115 AN ORDINANCE APPROVING A PERSONAL AND PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND HERBERT L. PROUTY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. McN eill motioned, Mulroy seconded to adopt the ordinance. On roll vote, McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. G. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Dessie Goodson regarding responsibility. Ms. Goodson stated the council did not have money for streets or roads but had money to pay for the Denton Live magazine. She had made an Open Records Request and had not received the information at this point. She questioned what was the emergency to publish the magazine. City of Denton City Council Minutes AprilS, 2005 Page 10 B. Chris Williams regarding day laborer site and panhandling ordinance. Mr. Williams was not present at the meeting. C. Peternia Washington regarding elected official demeanor. Ms. Washington stated council demeanor during citizen reports was not the best with some members not paying attention to the speak:ers. She felt Council should respect the speak:ers and listen to their comments. D. Kelly Fincher regarding a report on drug abuse in Denton County. Ms. Fincher was not present at the meeting but her report was presented to the Council. H. New Business The following items of New Business were requested by Council Members for future agendas: 1. Council Member Redmon requested information on a loitering ordinance. I. Items from the City Manager City Manager Conduff did not have any items J. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. The Closed Meeting was not continued. K. 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 7 :41 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER W ALTERS CITY SECRETARY CITY OF DENTON, TEXAS