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Minutes March 22, 2005 CITY OF DENTON CITY COUNCIL MINUTES March 22, 2005 After determining that a quorum was present, the City Council convened in a Work: Session on Tuesday, March 22,2005 at 4:00 p.m. in the Council Work: Session Room. PRESENT: Mayor Brock:; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson. AB SENT: None Item #2 was considered. 2. The Council received a report, held discussion, and gave staff direction regarding the Fry Street Fair. Mayor Brock: questioned if the vote on the noise exception would decide whether the Fry Street Fair would even tak:e place. City Manager Conduff stated that the noise exception was a formality that was needed in the event that the Fair moved forward. Council could approve the db level and something else might not be resolved so that the Fair could not tak:e place. Council could also table the noise exception until all information regarding the Fair was received. Mayor Brock: indicated that there were many parameters that had to be set in order to have the Fair. City Manager Conduff stated that those would be part of this discussion and direction to staff. Mayor Pro T em McNeill ask:ed about when the fees associated with the Fair had to be paid. Rick: Jones, Fire Marshal, stated that any fees for permits associated with the Fair had to be paid up front. No permit would be issued until the fees had been paid. Some of the permits associated with the Fair included a carnival permit, vendor permits, and health permits. Council Member Mulroy ask:ed if a safety plan been developed and submitted. J ones stated that the first draft had been submitted but that the work:ing document had not been approved. Anna Campbell, representing the Delta Lodge, stated that they were ask:ing for the closing of certain streets in the Fry Street area in order to hold the Fair. She felt that the Fair benefited not only the Delta Lodge but the community as well. It was a good benefit to businesses in the area and they had expressed overwhelming support for the Fair. Area charities also benefited with 10-20% of the profits going for charities. Over the last 10 years $50,000 had been donated to charities by the Delta Lodge as confirmed by their CPA audit. The Fair also benefited local musicians, vendors and artists. It was felt that the last few fairs were too big and that there was a need to bring the size back: down. This year they were look:ing for only 5,000 attendees. No national bands had been book:ed, they were not advertising in Dallas or Fort Worth and there would be no TV or billboard ads. In Denton only fliers and ads in the paper would be done. The majority of area business owners supported the Fair. The Lodge was requesting the closing of City of Denton City Council Minutes March 22, 2005 Page 2 Fry Street, Hick:ory Street and Avenue A and Mulberry Street. The Fair itself would only be on Fry Street. The other streets would be closed at the request of the Police Department and Fire Department for the overflow attendees. Of the 56 signatures needed from businesses and homeowners in the area, 55 signed in favor of the Fair, 1 signed against the Fair and 5 abstained. Those signatures included some individuals who did not have businesses on Oak: Street. The Lodge was work:ing with the Fire Department, Police Department and the UNT Police Department and was going to comply with every request made of them. They would be attending a seminar for the security team with the Fire Department for procedures for emergencies, etc. The Fair would only be on Fry Street and Delta Lodge property. She detailed security stations, vending booths, the fenced area, stage areas, wheelchair accessibility, fire lanes and emergency aid stations. A contingency plan was being developed in case of severe weather. Emergency numbers would be posted for individuals to call if needed. Event park:ing would be provided by UNT on Welch Street and clean up would be done by the Lodge following the Fair. Council questions included: . Park:ing would be provided on the UNT lots on Welch - yes All the information presented at this meeting was included in the Lodge's safety plan - yes Extent of Hick:ory that was going to be block:ed - Avenue B to Welch Would bands be playing in the area clubs - that would be up to the clubs How long would Hick:ory be closed - that was up to the police and fire departments What was the charge to enter the Fair - $10 per person Did the Lodge have the budget cover all fees - yes Contributions to charities done on the gross or net - on net One business had lost a quite a lot of money in prior years and could the Lodge compensate that business - could do if needed but could not mak:e promises on how much might mak:e. . . . . . . . . J ones stated that the security training would be done with police department. He stated that the Lodge had applied for a fair and carnival permit which contained certain criteria for this type of event. One requirement was a safety plan. The logistics of the public safety plan were still being finalized. He had met with the Lodge on-site to negotiate placement of the stages. The overlying need was for spillage of the event and what do with people who were not in fenced area plus what overtime issues would be pick:ed up by the City. Council Member Mulroy ask:ed about a mechanism to recover added police department costs. Jones stated that as the amount of spillage was an unlrnown factor, it would be difficult to determine at this time. Mayor Brock: ask:ed how the events on the Square and J azzfest paid for the extra costs for those events. J ones replied that the Fire Department included those as part of the normal budget and adjusted man-hours with extra officers on duty. Jazzfest provided some compensation but not enough to cover 100%. City of Denton City Council Minutes March 22, 2005 Page 3 Council Member Thomson ask:ed about the outstanding security bill due UNT from the 2002 event. Chief Dieter, UNT Police Department, stated that there was still an outstanding payment from the 2002 Fair. The University's position was that the outstanding amount had to be paid before the date of this Fair along with 50% of the cost to police the offsite park:ing lots. The remaining 50% would be paid following the Fair. UNT would also have to be named on an insurance policy of at least $5 million. At this time it had not been determined if UNT would charge for park:ing on the lots. Mayor Brock: ask:ed if Council would be look:ing at the Fair request again other than the noise exception listed on the agenda for this meeting. City Manager Conduff stated that Council could have input on the process by designating a Council subcommittee to help facilitate the process. Council discussed the timing of the event and the amount of preparation involved in a short period of time; concerns relating to overflow of attendees in the area outside the actual event site; hours for the event and cleanup time; payment to the city for security for the overflow of attendees and timing of that payment. Council Members Montgomery, Kamp and Thomson volunteered to serve on the committee. Consensus of Council was to form a council committee to work: with staff for solutions to the outstanding issues associated with the Fair. Staff would look: into adding the City to the insurance policy. Committee participation would help expedite the process but would not design the Fair. The City and the committee would not presume liability as designers of the Fair. 1. The Council received a report, held a discussion and gave staff direction concerning County- funding issues. City Manger Conduff stated that Council had requested this session relative to issues related to county funding. There were three areas of concern including public safety, teen court, and the library . Ross Chadwick:, Fire Chief, presented information concerning county funding for fire/EMS services. He indicated that 13 jurisdictions in Denton County received funding from the County that did not provide any services. He felt that the funding formula needed to be revisited and that the Council might contact Commissioners Court regarding the issues. Another concern was that costs of service continued to rise with no County increase in payments which resulted in city residents subsidizing the county funding for services they did not receive. Council Member Mulroy ask:ed how the city was contractually bound. Chief Chadwick: replied that the City had a current contract with the County and would continue to honor that contract but would tak:e a hard look: at next year's contract. City of Denton City Council Minutes March 22, 2005 Page 4 Council discussed the county formula for funding and the amount of money that was going to cities that did not provide any services. Chief Chadwick: felt that there needed to be a united front to go to Commissioners Court regarding the funding formula. City Manger Conduff stated that staff would prepare comments and documentation to bring forward to Council to present to Commissioners Court. Eva Poole, Director of Library Services, presented information on county funding for libraries. She stated that the history of funding per capita had remained the same for many years. The city funding proposal for this year ask:ed for $1.20 per capita but was told that the County funding would be $1.10 per capita with no matching grant. Two options for Council to consider included (A) - accept the county funding allocation for library services or (B) - not accept the county funding allocation with the Library Board to develop an equitable non-resident fee to be approved by Council. Council Member Montgomery ask:ed why the County continued to reduce funding. Poole replied that the County's argument was that this was a non-mandated service that they did not have to provide. Consensus of the Council was to not accept county funding and charge non-residents for the service. The Library Board would determine the amount of the charge to recommend to Council. A report to the Court would be prepared to inform the Commissioners on what the city was proposing to do. The possibility of partnering with the DISD would also be explored, as there were a growing number of DISD students who lived in the school district but out of the city limits who would use library services. Roland Jones, Executive Director of Juvenile Diversionary Services and Administrator for Teen Court, presented a brief history of the teen court. This year Commissioners Court cut all funding to the Teen Court. Participants in Teen Court provided community service, which was of great value to the city. With prior county funding, there were many other court participants. Currently only the City participated in the program. Highland Village was proposing to assist Denton with funding and wanted to continue with the program. The City had always provided in-k:ind resources and money at 2/3's of the cost of the program with the county providing 1/3 of the costs. City Manager Conduff noted that the majority of cases in Teen Court involved DISD students. Jones indicated that the program had not received any funding from the DISD since 1995. $60,000 would be needed to fund the program for next year. City Manager Conduff stated that the City could work: with the DISD and the County to try and get them involved in the process. Other options would be for the City to fund the full $60,000 out of the city budget in order to k:eep the program going or not fund the program at all for next year. City of Denton City Council Minutes March 22, 2005 Page 5 Council Member Montgomery suggested ask:ing Judge Whitten to work: with the city to approach individuals for funding. Consensus of the Council was to approach Commissioners Court, the DISD and other communities to assist with the funding. 2. Staff responded to requests for clarification of Consent Agenda items listed on the Consent Agenda for March 22, 2005. Following the completion of the Work: Session the Council considered the following in Closed Session: 1. Closed Meeting: A. Deliberations regarding personnel matters - Under TEXAS GOVERNMENT CODE Section 551.074. 1. Deliberated and discussed employment evaluation of the City Manager, City Attorney, and Municipal Court Judge relating to the establishment of performance measures for such City Council appointees, including matters relating to duties and discipline. B. Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071 1. Discussed and considered legal issues concerning granting a cable franchise to the University of North Texas to construct, reconstruct, operate and maintain a cable television system in the City of Denton 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, March 22,2005 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. March Yard-of-the-Month Awards Mayor Brock: presented Yard of the Month Awards to: City of Denton City Council Minutes March 22, 2005 Page 6 Ethelyn Davis The Goldbergs Bill and Monica Moen Sophia Bernal and Pierre Christian Water Smart - Roger and Teresa Lane Business - Denton Good Samaritan - HinkJe Drive B. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. 3. CONSENT AGENDA McN eill motioned, Thomson seconded to pull Item I and consider it at a later date after committee review and recommendation. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances with the exception of Item I. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried unanimously. A. 2005-085 - An ordinance of the City of Denton, Texas authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas regarding the use of the rights of way for Denton County's Fiber Optic System; and providing an effective date. B. 2005-086 - An ordinance authorizing the City Manager to accept an Interlocal Agreement with Mustang Special Utility District to authorize participation in various City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3321 - Interlocal Agreement with Mustang Special Utility District). C. 2005-087 - An ordinance authorizing the financing for the purchase of three self check: machines for the Denton Public Library System through a lease purchase financing agreement; providing for the expenditure of funds therefor; and providing an effective date (File 3314 - Lease Purchase of Self Check: Machines approximate finance charges of $4376.56). D. 2006-088 - An ordinance approving the expenditure of funds for the purchase of three self check: machines for the Denton Public Library System 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 3313 - Purchase of Self Check: Machines for the Denton Public Library System awarded to 3M Library Systems in the amount of $69,440). City of Denton City Council Minutes March 22, 2005 Page 7 E. 2005-089 - An ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with the firm of Schrick:el, Rollins and Associates, Inc. to provide professional design and landscape architecture services for the Cedar Street Streetscape Improvements; authorizing the expenditure of funds therefor; and providing an effective date (RFSP 3215 in an amount not to exceed $123,000). F. 2005-090 - An ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association; approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 3315 - Agreement with North Texas Umpire Association in the amount of $40 per game for an estimated award of $44,000). G. 2005-091 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Third Amendment to Professional Services Agreement for engineering services and related services to approved electrical power system construction projects for Denton Municipal Electric with SGS Witter, Inc.; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval with a vote of (5-0). H. 205-092 - An ordinance of the City of Denton, Texas amending the provisions of Section 26-128 of the City of Denton Code of Ordinances; providing for clarification and amendment of the provisions for Losses Resulting from Hidden Water Leak:s; providing for a repealer; providing for a severability clause; and providing for an effective date. I. This item was not 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, behind Luck:y Lou's, and the back:yard of the Delta Lodge. The event is to be on Saturday, April 23, 2005, from 12:00 noon to 10:00 p.m. The exception is specifically requested for an increase in the maximum allowable decibels for an outdoor music festival from 70 decibels to 80 decibels. J. Approved an exception to the Noise Ordinance for the purpose of a music festival, Wak:e Up 2005 Festival, in the North Texas Fairgrounds. The event is to be held on Saturday, April 2, 2005 from 12:00 noon to 11 :00 p.m. The exception is specifically requested for an increase in the maximum allowable decibels for an outdoor music festival- from 70 decibels to 75 decibels. K. Approved a tax refund for the following property: Name Tax Year Amount Reason L. 2005-093 - An ordinance approving an assignment of leasehold interest in an airport lease from JVC Real Estate, LLC to Dennis R. and Carla M. Frisbee for property located at 4730 Loclrneed Lane at the Denton Municipal Airport; and City of Denton City Council Minutes March 22, 2005 Page 8 4. providing an effective date. The Airport Advisory Board recommends approval ( 6-0). M. 2005-094 - An ordinance of the City of Denton, Texas amending the Fiscal Year 2004-2005 Budget and Annual Program of Services of the City of Denton to allow for an adjustment of six thousand five hundred dollars ($6,500) to provide for the payment of expenses incurred for the review of a cable television franchise application by University of North Texas; declaring an emergency; providing for publication of this ordinance; and providing an effective date. N. 2005-095 - An ordinance of the City of Denton, Texas amending the Fiscal Year 2004-2005 Budget and Annual Program of Services of the City of Denton to allow for an adjustment of six thousand dollars ($6,000); declaring an emergency; approving the amendment of the CY 2005 hotel tax funding agreement with the Denton Chamber of Commerce; providing for publication of this ordinance; and providing an effective date. (The HOT Committee approved this item by a vote of 3-0). O. 2005-096 - An ordinance of the City of Denton, Texas, declaring that upon the City Secretary's certification that the candidates for Districts 2 and 4 - Pete Kamp and Perry McN eill - are unopposed and are elected to office; requiring the City Secretary to post an Order of Cancellation in both English and Spanish; and declaring an effective date. P. 2005-097 - An ordinance of the City of Denton, Texas authorizing settlement of an eminent domain action styled City of Denton, Texas v. Ed Wolski, Trustee, et ai, Cause No. ED-2003-01177, filed in the probate court of Denton County; authorizing the City Manager and the City's attorneys to act on the City's behalf in executing any and all documents, and to tak:e other actions necessary to finalize the settlement; authorizing the expenditure of funds therefore; and declaring an effective date. Q. 2005-098 - An ordinance of the City of Denton abandoning and vacating a 0.08 acre Public Utility easement, recorded in Volume 974, Page 156, Deed Records of Denton County, Texas, a 0.07 acre Public Utility easement, recorded in Volume 974, Page 152, Deed Records of Denton County, Texas, and a 16' public utility easement tract, recorded in Volume 974, Page 154, Deed Records of Denton County, Texas; and providing an effective date. PUBLI C HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for a zoning change to create an overlay district consisting of a historic conservation overlay district being generally located on the east and west sides of Bell Avenue, south of Sherman Drive and north of University Drive; amending Chapter 35, Subchapter 7 of the City of Denton Code of Ordinances, "Denton Development Code," "Special purpose and overlay districts" to add section 3 5.7.7 "Bell Avenue Historic Conservation District" providing for the creation of Bell Avenue Historic Conservation Overlay District and regulation; City of Denton City Council Minutes March 22, 2005 Page 9 such overlay district establishes different regulations to help conserve the historic, architectural, and cultural attributes of the district; providing for a severability clause; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and an effective date. The Historic Landmark: Commission recommended approval (5-0). The Planning and Zoning Commission recommended approval (6-0). Julie Glover, Historic Preservation Officer, stated that council had previously ask:ed if the deeds for the property in this area would indicate that they were located in this historic conservation district. Staff had learned that it was not possible to include that with the deeds to the property and that it would be the responsibility of the seller and/or real estate agent to inform a potential buyer that the property was located in this district and would have to meet the guidelines set forth in the district. Council had also ask:ed about signs identifying the area. Signs would be made to identify the area. The Mayor opened the public hearing. The following individuals spok:e during the public hearing: Don StrickJand, representing TWU, favor Anita Cowan, 1828 North Bell, 76209, favor Brandt Davis, 1902 Bell Avenue, Denton, 76209, favor - he also read an email from Julie Lathrup who was also in favor of the district Gary Hayden, 2106 N. Bell, Denton, 76209 - favor A comment card from Brian Wheeler was submitted in favor of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-099 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE TO CREATE AN OVERLAY DISTRICT CONSISTING OF A HISTORIC CONSERVATION OVERLAY DISTRICT BEING GENERALLY LOCATED ON THE EAST AND WEST SIDES OF BELL AVENUE, SOUTH OF SHERMAN DRIVE AND NORTH OF UNIVERSITY DRIVE; AMENDING CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE," "SPECIAL PURPOSE AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.7 "BELL AVENUE HISTORIC CONSERVATION DISTRICT" PROVIDING FOR THE CREATION OF BELL AVENUE HISTORIC CONSERVATION OVERLAY DISTRICT AND REGULATION; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT REGULATIONS TO HELP CONSERVE THE HISTORIC, ARCHITECTURAL, AND CULTURAL ATTRIBUTES OF THE DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. City of Denton City Council Minutes March 22, 2005 Page 10 Kamp motioned, Montgomery seconded to adopt the ordinance. 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 held a public hearing and considered an ordinance to amend the Denton Development Code related to retail, drive-through and restaurant uses associated with quick: vehicle servicing in the Industrial Center Employment (IC- E), Industrial Center General (IC-G) and Employment Centers Industrial (EC-I) zoning districts. The Planning and Zoning Commission recommended approval (5-1) with conditions. (DCA 05-0001, Convenient Sales) Kelly Carpenter, Director of Planning and Development Services, stated that this proposal would amend the Code to allow retail and restaurant uses associated with quick: vehicle servicing in Industrial Center Employment, Industrial Center General and Employment Centers Industrial zoning districts with the limitations that the square footage of gross floor area would be no more than 5,000 square feet except when adjacent to 135 when the square footage of gross floor area could be up to 10,000 square feet; uses were limited to 25 seats except when adjacent to 135 when the number of seats could be up to 50. 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. 2005-100 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 AND SUBCHAPTER 23 OF THE DENTON DEVELOPMENT CODE PERTAINING TO RETAIL AND RESTAURANT USES ASSOCIATED WITH QUICK VEHICLE SERVICING IN THE INDUSTRIAL CENTER EMPLOYMENT (IC-E), INDUSTRIAL CENTER GENERAL (IC-G) AND EMPLOYMENT CENTERS INDUSTRIAL (EC-I) ZONING DISTRICTS; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THERE; AND PROVIDING FOR AN EFFECTIVE DATE. (DCA05-000 1) McN eill motioned, Mulroy seconded to adopt the ordinance as presented by staff. 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 to consider an ordinance to amend a Specific Use Permit (SUP) for a drive-through facility for Church's Chick:en. The property was in a Neighborhood Residential Mixed Use (NRMU) zoning district and was generally located south of McKinney Street approximately 900 feet west of Loop 288. The Planning and Zoning Commission recommended approval (5-0). (204-0047, Church's Chicken) City of Denton City Council Minutes March 22, 2005 Page 11 Kelly Carpenter, Director of Planning and Development Services, stated that the requested drive- through required the specific use permit. Prior language in the ordinance required an access easement for connection between the property and the driveway to the east be provided prior to final plat approval. The property owner to the east of the property would not provide that easement and the petitioner was requesting removal of that language from the ordinance. An alternate way to access property on west side had been developed and the driveway connection was no longer needed. The Mayor opened the public hearing. The following individual spok:e during the public hearing: Wes Morrison, Isabel Engineering, - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-101 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 2004-200, A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.56 ACRE OF LAND GENERALLY LOCATED SOUTH OF MCKINNEY STREET AND APPROXIMATELY 900 FEET WEST OF LOOP 288, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z04-0047) Redmon 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. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, on second reading, granting a Cable Franchise to the University of North Texas (UNT) to construct, reconstruct, operate and maintain a cable television system in the City of Denton, Texas and setting forth conditions accompanying the granting of this Cable Franchise; providing for a penalty of five hundred dollars ($500) for the violation of this ordinance; providing for a savings clause; providing for the effect of this ordinance upon other ordinances and resolutions; and providing an effective date. John Cabrales, Public Information Officer, stated that this was the second reading for the franchise agreement. The following ordinance was considered: City of Denton City Council Minutes March 22, 2005 Page 12 NO. 2005-102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ON SECOND READING, GRANTING A CABLE FRANCHISE TO THE UNIVERSITY OF NORTH TEXAS (UNT) TO CONSTRUCT, RECONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF DENTON, TEXAS AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THIS CABLE FRANCHISE; PROVIDING FOR A PENALTY OF FIVE HUNDRED DOLLARS ($500) FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, McNeill seconded to adopt the ordinance as presented. 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 adoption of an ordinance authorizing the Mayor to execute an amendment to a Tax Abatement Agreement with Flowers Bak:ing Co. of Denton, LLC; dated September 19, 2003 for the purpose of reducing the land area that is subject to the Tax Abatement Agreement; providing for a severability clause; and providing an effective date. Linda Ratliff, Director of Economic Development, stated that Flowers Bak:ing Company was selling 38 acres of the property, which would require a change in the property description to reflect the sale. There would be change in incentives or thresholds associated with the tax abatement agreement. The following ordinance was considered: NO. 2005-103 AN 0 RD IN AN CE A UTH 0 RIZIN G THE MAYOR TO EXECUTE AN AMENDMENT TO A TAX ABATEMENT AGREEMENT WITH FLOWERS BAKING CO. OF DENTON, LLC; DATED SEPTEMBER 19, 2003 FOR THE PURPOSE OF REDUCING THE LAND AREA THAT IS SUBJECT TO THE TAX ABATEMENT AGREEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance as presented. 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 an exaction variance from section 35.20.2(l.3.a.) of the Code of Ordinances concerning improvements to a perimeter street. The approximately 12.8- acre parcel was in an Industrial Center, Employment (IC-E) zoning district and was generally located south of Jim Christal Road at GC & SF Railroad, adjacent to 1-35. The Planning and Zoning Commission recommended approval (3-2). (V05-0009, 84 Lumber) City of Denton City Council Minutes March 22, 2005 Page 13 Kelly Carpenter, Director of Planning and Development Services, stated that the applicant, 84 Lumber, had requested a full exaction variance for perimeter street improvements, which would result in no perimeter paving on Jim Christal Road. The subdivision across the street had been granted the same variance. In this area, Jim Christal Road was a two lane rural roadway ending at the GC & SF Railroad. The city had no plans to extend Jim Christal Road across the railroad since the City relinquished and removed this crossing in order to gain the crossing for West Oak: Street. Thomson motioned, McNeill seconded to grant the requested exaction variance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "nay". Motion carried with a 6-1 vote. D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth questioned the Council's Consent Agenda items and the associated voting on those items. He felt that one council member was benefiting personally from the renovation work: at the Library and would be doing further investigating on that matter. He also felt that the Council was doing city business in private. Citizen reports were moved to the end of the meeting instead at the beginning of the meeting in order to prevent citizens from speak:ing. The taped announcement prior to the citizen report was an attempt to intimidate speak:ers from participating. He again mentioned the fact that there were no African American firefighters work:ing in Denton. B. Dessie Goodson regarding responsibility and open government. Ms. Goodson presented information regarding the First Amendment rights. She commented on the bid from CB S Mechanical for library work:. She felt that Link: was not providing adequate service to residents. She indicated that she would submit a public information request for seasonal Link: drivers. E. New Business Council did not submit any items of New Business. F. 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. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes March 22, 2005 Page 14 Council returned to Closed Session to continue discussion of Item 1.A.1. H. 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 adj ourned. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER W ALTERS CITY SECRETARY CITY OF DENTON, TEXAS