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Minutes December 02, 2003CITY OF DENTON CITY COUNCIL M1NUTES December 2, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 2, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding proposed amendments to the Development Code and Criteria Manual related to Tree Preservation. (Tree Preservation, SI03-0012) Kelly Carpenter, Director of Planning and Development, stated that as a result of the public outcry following the removal of trees on the Flow Hospital site, the Planning and Zoning Commission created a sub-committee to prepare a tree preservation ordinance. City staff and the sub-committee held four community meetings to obtain input on the ordinance. The Planning and Zoning Commission held a work session and a public hearing to discuss it. Larry Reichhart, Assistant Director of Planning and Development, reviewed the highlights of the tree preservation ordinance. It preserved large native species and historic trees; required a minimum percentage of existing trees be preserved; allowed for mitigation of 50% of required preserved trees; allowed for an appeal process; provided incentives; created a tree fund; required tree protection during construction; and eliminated the indiscriminate removal of large trees. He stated that incentives included meet or exceed requirements requiring a simplified tree inventory; additional credit towards landscape requirements for individual trees and tree stands; parking spaces - increase or decrease required amount; and parking lot design. The Council invited John Cooper, Denton County Extension Horticulturist, to speak regarding the proposed ordinance. Cooper stated that oaks were the primary species of the Cross Timbers region and stressed the importance of protecting that region. He felt the Council needed to look hard at the species list and suggested replacing oak trees with oak trees. He suggested including a table that designated the size of tree by species. The Forest Service had a Big Tree Registry that showed the largest specimen of each species affected and a percentage of that species that could be saved. On the Big Tree Registry, the protected tree was 25% of the largest specimen of that species affected. There was another level of 50% and the highest level was 75% per species on a particular site. Mr. Cooper also stated that he would provide staff with a copy of the grades and standards for nursery stock in Texas. He stated that the draft ordinance had a definition for a quality tree but felt that needed to be revised. The Mayor requested that Mr. Cooper write down his comments on the draft ordinance and share them with staff and the Council. The Council discussed the need to have another work session to discuss the draft ordinance with each other. It was decided that they would hold the public hearing on the draft ordinance and have another work session after that. City of Denton City Council Minutes December 2, 2003 Page 2 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of December 2, 2003. Council Member McNeill requested the November 18, 2003 minutes be pulled for corrections. On page 55 of the pdf document the minutes stated "a concern about the possibility of double permit fees being charged". He thought the Council had done more than expressed concern about double permit fees being charged, that Council had given staff direction to research the issue. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below: 1. The following item was considered in Closed Meeting: A. Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Discussed and considered legal issues concerning road damage caused by gas well operations and considered a settlement agreement with the gas well operators, 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, December 2, 2003 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock presented the following proclamations: 1. Police Appreciation Day B. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. City of Denton City Council Minutes December 2, 2003 Page 3 3. CITIZENS REPORTS A. The Council received citizen reports from the following: 1. Ross Melton Jr. regarding nice things about Denton. Mr. Melton complemented the City's Utilities Department, specifically Howard Martin and Rita Herrara; Municipal Court worked real well and Judge Ramsay and Stephanie Berry were doing a great job; Solid Waste department was a credit to the City and represented the City well; street construction would feel so good when it stopped. 2. Ed Soph regarding Eureka Park and South Lakes Park. Mr. Soph spoke regarding Eureka Park at South Lakes Park. He stated that the DISD had removed all CCA-treated wood from their playgrounds and also the contaminated soil had been removed. He felt that the signage at Eureka Park was incomplete. He felt that the wood on the playground should be sealed twice a year, dangerous/splintered wood removed and/or replaced, and testing done more often. He would like to see the City raise the money to replace the wood at Eureka Park. 3. Robert Kam regarding Cooper Creek Trail. Mr. Kam stated that he would like to see the area off Wolftrap preserved as part of the proposed Greenway Corridor in the Master Plan. He suggested including it in the Cooper Glen Open Space or the Windsor Drive Open Space. 4. CONSENT AGENDA Mayor Brock indicated that the November 18, 2003 minutes had been pulled from consideration. She indicated that Item 4E had been pulled for separate consideration. Burroughs motioned, McNeill seconded to approve the Consent Agenda and accompanying ordinances with the exception of Item 4E and the November 18, 2003 minutes. On roll vote, Burroughs "aye", Kamp "aye". McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye", and Mayor Brock "aye". Motion carried unanimously. Item 4E was considered. Charles Fiedler, Director of Engineering, stated that this project was part of the State of Texas Urban Street Program. He stated that the bid was for spot repairs to existing concrete paving on Carroll Boulevard from Eagle Drive to Egan Drive. He stated that TxDOT was contributing matching funds. The work needed to be completed before August 2004 or the City would lose TxDOT's matching funds. Burroughs motioned, Kamp seconded to approve Item 4E. On roll vote, Burroughs "aye", Kamp "aye". McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye", and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes December 2, 2003 Page 4 Consider approval of the minutes of October 14, October 21, October 27, November 4, and November 11, 2003. 2003-379 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 3118 - Electrical Energy Transmission Fees in the total amount of $255,920). 2003-380 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Black and Veatch Corporation, for professional consulting services relating to the Denton Municipal Utilities Water Utilities Cost of Service and Rate Design Study; authorizing the expenditure of funds therefor and providing an effective date. 2003-381 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Miner & Miner Consulting Engineers, Inc. for professional engineering services relating to migrating the existing Denton Municipal Electric Geographic Information System ("GIS") database from ARCFM version 7.2 to ARCFM version 8.3; authorizing the expenditure of funds therefor; and providing an effective date. 2003-382 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Carroll Boulevard Urban Street Program miscellaneous street repair; providing for the expenditure of funds therefor; and providing an effective date (Bid 3048 - Urban Street Program Carroll Boulevard awarded to Silver Creek Construction, Inc. in the amount of $407,905). 2003-383 - An ordinance of the City of Denton, Texas accepting competitive bids and awarding a best value annual contract for a three-year agreement for the purchase of 15/20/25 MVA power transformers; providing for the expenditure of funds therefor; and providing an effective date (Bid 3105 - Three Year Agreement for the Purchase of Power Transformers awarded to Waukesha Electric Systems in the estimated amount of $2,597,758). 2003-384 - An ordinance of the City of Denton, Texas requesting Non-Primary Entitlement Funds from the Texas Department of Transportation for a project for the purchase and installation of airport radio equipment at the Denton Municipal Airport; authorizing and directing the City Manager or his designee to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. 2003-385 - An ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to the City of Denton City Council Minutes December 2, 2003 Page 5 construction of improvements at the Denton Municipal Airport; and declaring an effective date. 2003-386 - An ordinance authorizing the City Manager or his designee to execute a Real Estate Contract for the purchase of approximately 17.992 acres being part of a tract of land situated in the J. Douthitt Survey, Abstract Number 329, as described in the deed from Sally H. Mudd to Mark Anthony Mudd and Chad James Mudd recorded under clerk's file number 95-R00533339, of the real property records of Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. 2003-387 - An ordinance approving an agreement between the City of Denton and Mayhill Road Investors, L.P. for the partial abandonment of a Public Utility Easement dated August 13,1991 and recorded in the real property records of Denton County under Volume 3047, Page 778 as it affects land owners real property as described in Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part hereof by reference and being located in the M.E.P. & P.R.R. Survey, Abstract Number 950, Denton County, Texas, authorizing the City Manager or his designee to execute said agreement on behalf of the City of Denton and providing an effective date. Denial of exaction variances for a parcel containing approximately 12.9 acres, which is located on the South side of Jim Christal Road West of the GC & SF Railroad. The property was currently designated as an Industrial Center, Employment (IC-E) zoning district. Buildings currently exist on the site and new construction was proposed. The owners of the property operated a trucking company. The Planning and Zoning Commission recommended denial of the variances (5-1 ). (V03 -0028) 1. Section 35.20.2(L.3.a.) of the Code of Ordinance concerning pavement improvements to a perimeter street. 2. Section 35.20.2(H. 1.) of the Code of Ordinance concerning the dedication of right of way for all streets that serves a commercial lot (regarding ROW for a cul-de-sac at the end of Jim Christal Road at its intersection with the GC & SF Railroad). 2003-388 - An ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement between the City of Denton and Denton County for the regulation of subdivisions in the Extraterritorial Jurisdiction of the City of Denton; and providing an effective date. A request to decertify a portion of the City of Denton's Water CCN to support an application for an exempt utility status from the TCEQ for the Heffer Water System. The Public Utilities Board unanimously approved this item. Council approved the following resolution in conjunction with approval of the request to decertify a portion of the City's Water CCN: R2003-043 - A resolution of the City Council of the City of Denton, Texas authorizing the City Manager, or his designee, the authority to decertify a portion City of Denton City Council Minutes December 2, 2003 Page 6 of the City of Denton's Water Certificate of Convenience and Necessity ("CCN"), in order to satisfy Texas Commission on Environmental Quality ("TCEQ") requirements, regarding the application for exempt utility status to be filed by the Heffer Water Well System; and providing for an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing inviting citizens to comment on the proposed usage of the 2003 Local Law Enforcement Block Grant funding. Captain Lee Howell, Police Department, stated that the funds would be used for the purchase of equipment, digital cameras and related software to enhance the processing and collection of photographic evidence of crime scenes and victims; equipment and training on less-than-lethal force options for the purpose of providing officers various methods of disarming and apprehending potentially violent offenders prior to the use of deadly force; surveillance cameras, monitors, and security systems for the purpose of enhancing the physical security of the Police Department and Court facility. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered a request for an exception to the Noise Ordinance for the purpose of "Christmas on the Square" hosted by Grace Temple Baptist Church, to be held in front of Denton Community Church at 115 N. Elm on Sunday, December 7, 2003 from 6:00 p.m. to 8:45 p.m. Pamela Rambo-Estill, Assistant to the City Manager, stated that this event had been held on the square for the last six years. She stated that this event was not the Holiday Lighting Event. Burroughs motioned, McNeill seconded to approve the request. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered approval of a resolution of the City of Denton, Texas canceling the regular council meeting scheduled for December 16, 2003, to allow Council Members and City staff to travel to New Orleans to support the UNT Sun Belt Conference Championship Football Team, which will play in the New Orleans Bowl; and declaring an effective date. The following resolution was considered: City of Denton City Council Minutes December 2, 2003 Page 7 NO. R2003-042 A RESOLUTION OF THE CITY OF DENTON, TEXAS CANCELING THE REGULAR COUNCIL MEETING SCHEDULED FOR DECEMBER 16, 2003, TO ALLOW COUNCIL MEMBERS AND CITY STAFF TO TRAVEL TO NEW ORLEANS TO SUPPORT THE UNT SUN BELT CONFERENCE CHAMPIONSHIP FOOTBALL TEAM, WHICH WILL PLAY IN THE NEW ORLEANS BOWL; AND DECLARING AN EFFECTIVE DATE. McNeill motioned, Kamp seconded to approve the resolution. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Kamp nominated Dorothy Adkins to the Library Board. Kamp motioned, Redmon seconded to suspend the rules and approve the nominations at this meeting. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. New Business The following items of New Business were suggested by Council for future agendas: Council Member McNeill requested an economic study to see what the cost would be to replace Eureka Park with material that meets appropriate standards. 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. 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. The following official action was taken on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Burroughs motioned, Kamp seconded to authorize the City Manager to approve a settlement with the seven gas well operators in a form approved by the City Attorney. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Demon City Council Minutes December 2, 2003 Page 8 With no further business, the meeting was adjourned 7:17 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXA