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Minutes April 20, 2004 CITY OF DENTON CITY COUNCIL MINUTES April 20, 2004 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Tuesday, April 20, 2004 at 11:00 a.m. in the City Council Chambers of City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Kamp, McNeill, and Thomson. ABSENT: Council Members Montgomery and Redmon 1. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding Bonds, Series 2004, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. David Medanich, First Southwest Company, stated that it was their recommendation not to refund the bonds at this time. The market was not good and he suggested watching to see what might happen during the next several months. Council discussed whether or not the process was too cumbersome to take advantage of a quickly moving market. With no further business, the special called meeting was adjourned at 11:10 a.m. After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 20, 2004 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Redmon and Thomson. ABSENT: Council Member Montgomery 1. The Council received funding recommendation reports from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). The Council held a discussion regarding the proposed 2004 Action Plan for Housing and Community Development and gave staff direction. Ed Touraine, Chair-Community Development Advisory Committee, stated that the funding recommendations were listed in the agenda back-up materials and he was available for questions. James McDade, Chair-Human Services Advisory Committee, stated that the needs for funding had grown tremendously. The Committee did not review any applications received after the deadline and was recommending funding for 25 community programs. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of April 20, 2004. Following the completion of the Work Session, the Council convened into Close Sesison. City of Denton City Council Minutes April 20, 2004 Page 2 1. The Council considered the following in Closed Meeting: Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071 Received legal advice from the City Attorney regarding the award of Special Commissioners and procedural options in condemnation proceedings styled The City of Denton, Texas v. N. Alex Bickley, et al., Cause No. ED-2003-01327 pending in the Probate Court of Denton County, Texas. Regular Meeting of the City of Denton City Council on Tuesday, April 20, 2004 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 proclamations for: Days of Remembrance International Children's Day Denton Cinco de Mayo Day B. April Yard-of-the-Month Awards Mayor Brock presented Yard of the Month Awards to: David and Pam Arthur Larry and Pam Speed Delbert and Doris Gray Billy and Robin Railsback The Coventry Apartments C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. D. Briefing by a member/representative of the Denton County Commissioner's Court regarding the proposed County bond program that will affect Denton. City of Denton City Council Minutes April 20, 2004 Page 3 Judge Mary Horn presented proposed projects for the County bond election that would be held on May 15, 2004. She presented a resolution of support for the upcoming bond program for the Council to consider at a future agenda. 3. CITIZENS REPORTS The Council received citizen reports from the following: 1. Willie Hudspeth regarding minority hiring and the tree ordinance. Mr. Hudspeth presented information regarding minority hiring in the City's Fire Department. He felt that the City was not doing enough to achieve minority hiring in the Department. He suggested reducing his taxes equal to the amount to manage the Department as there was no minority representation in the department. Peternia Washington regarding responsible and responsive government part 5. Ms. Washington was not present at the meeting. 3. John McLeod regarding utility billing. Mr. McLeod was not present at the meeting. 4. Dessie Goodson regarding responsibility. Ms. Goodson stated there were two ordinances passed at a prior meeting that she had not seen in the legal notice section of the newspaper. She felt there was a need for an explanation for those ordinances. The council had a responsibility to all citizens of the City of Denton. 4. CONSENT AGENDA Mayor Brock stated that a Request to Speak Card had been received on one of the Consent Agenda Items. Mike Cochran spoke in opposition to Item 4F. Council Member Thomson requested that Items 4F and 4G be removed for separate consideration. Burroughs motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items 4F and 4G. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Items 4F and 4G were considered. Council discussed adding performance criteria for the organization performing the collection of delinquent taxes for future contracts. City of Denton City Council Minutes April 20, 2004 Page 4 Burroughs motioned, Kamp seconded to approve Item 4F. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Thomson motioned, Burroughs seconded to approve Item 4G with the amended ordinance as presented. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2004-114 - An ordinance of the City of Denton, Texas authorizing payment of the award of Special Commissioners into the registry of the court in condemnation proceedings styled The City of Denton, Texas v. N. Alex Bickley, et al., Cause No. ED-2003-01327 pending in the probate court of Denton County, Texas; and declaring an effective date. 2004-115 - An ordinance awarding a contract for the purchase of materials, supplies, or services necessary for the purchase and maintenance of Oracle Database Enterprise Edition software as approved by the State of Texas General Services Commission Department of Information Resources (DIR); providing for the expenditure of funds therefor; and providing an effective date (File 3161 - Purchase of Oracle Software awarded to Mythics, Inc. in the amount of $149,057.50). 2004-116 - An ordinance authorizing the financing for six refuse trucks and an eighteen foot Windrow composting machine with Bank One through a lease/purchase financing agreement; providing for the expenditure of funds therefor; and providing an effective date (File 3155 -Lease Purchase of Refuse Trucks and Composting Machine, approximate finance charges $65,079.60). 2004-117 - An ordinance accepting competitive bids and awarding a contract for the purchase of an annual mowing contract for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3139 - Annual Mowing Contract awarded to the lowest responsible bidder in the amount of $110,000). 2004-118 - An ordinance accepting competitive bids and awarding a contract for the purchase of temporary employment services for the Residential Solid Waste Division of the City of Denton Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3151 - Temporary Employment services for Residential Solid Waste awarded to Labor Ready in the amount of $11.25/hr). 2004-119 - An ordinance amending Chapter 10, Section 10-2(d) of the Code of Ordinances of the City of Denton, Texas to provide for the increase in the penalty for delinquent taxes still due as of July 1, of the tax year, from 15 percent to 20 percent; providing for a severability clause; providing for a savings clause; and providing for an effective date. 2004-120 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute an amendment to professional services agreement with City of Denton City Council Minutes April 20, 2004 Page 5 Linebarger, Goggan, Blair, Pena & Sampson, LLP and Gregory & Conner P.C. to increase compensation for delinquent taxes on behalf of the City of Denton; and providing for an effective date. R2004-017 - A resolution adopting new program guidelines to increase the amount for a single family equivalent impact fee under incentive grants to pay water and wastewater impact fees for single family affordable housing residential units; and providing an effective date. R2004-018 - A resolution allowing Metzler's Restaurant to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 1, 2004, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Approved a tax refund for the following property tax: Tax Name Reason Year Amount s s 2004-121 - An ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and JVC Real Estate LLC, and providing an effective date. R2004-019 - A resolution of the City Council of the City of Denton, Texas supporting transfer of Federal Transit Administration Designated Recipient status from the City of Denton to the Denton County Transportation Authority; and providing an effective date. 2004-122 - An ordinance abandoning and vacating a Sanitary Sewer easement from Wheeler Ranch, Ltd. to City of Denton recorded in Volume 5105, Page 3845 of the Real Property Records of Denton County, Texas, in the B. Merchant Survey, Abstract No. 800; and declaring an effective date. 2004-123 - An ordinance amending and updating a mutual aid agreement (86- 188) between the City of Denton and Denton State School for mutual assistance during times of catastrophic events, emergencies or disasters; and providing for an effective date. R2004-020 - A resolution establishing a standing committee of the City Council of the City of Denton for Council Appointee Performance Reviews; appointing the initial members of the committee; and providing an effective date. 5. PUBLIC HEARINGS Item 5D was considered. City of Denton City Council Minutes April 20, 2004 Page 6 D. The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property was in a Neighborhood Residential Mixed Use (NRMU) zoning district and was generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The Planning and Zoning Commission recommended denial (5-1). Supermajority vote required for approval. (Z04- 0007, Dry Clean Super Center) The Mayor opened public hearing. No one spoke during the public hearing. Burroughs motioned, McNeill seconded to postpone the public hearing until May 4, 2004. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. The Council returned to the regular agenda order. A. The Council held a public hearing inviting citizens to comment on the City of Denton's 2004 Action Plan for Housing and Community Development. Barbara Ross, Community Development Administrator, stated that there was a 30-day comment period regarding the 2004 Action Plan. The public hearing was to receive comments on the action plan based on recommendations of the two committees. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Carol Puckett, 925 Manhattan, Denton, 76209 - in favor of funding for Adult Day Care Andre Villarreal, 147 FM 407W, Argyle, 76226 - in favor of funding for Adult Day Care A Comment Card was received from Dan Leal, 604 Chateau Court, Denton, 76209, in favor of the funding recommendations. Carolyn Phillips expressed concerns regarding some of the funding recommendations such as housing programs in southeast Denton, loans to the elderly for housing rehabilitation. Darrell Ramsey, 514 Mack Drive, Owsley Community School - asked that if one late application was considered then all should be considered. The Mayor closed the public hearing. No action was needed on this item. B. The Council held a public hearing and considered adoption of an ordinance for Comprehensive Plan Amendment from 'Employment Centers' and 'Neighborhood Centers' to 'Neighborhood Centers' and 'Employment Centers' respectively. The area for amendment encompassed approximately 2.09 acres, which was generally located between Fort Worth Drive City of Denton City Council Minutes April 20, 2004 Page 7 and Country Club Road, and north of the Bent Creek Estates subdivision. The property was largely undeveloped and single-family residential uses were proposed. The Planning & Zoning Commission recommended approval, 5-1. (CA04-O001, Central Village Estates) Kelly Carpenter, Director of Planning and Development, stated that the amendment would take one portion of the property out of the employment center and put it in NR2 and take one portion out of NR2 and put it in an employment center. This would straighten out the boundaries of the two districts. The Mayor opened the public hearing. The following individual spoke during the public hearing: Vicki Oppenheim, representing the petitioner - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-124 AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT ENCOMPASSING APPROXIMATELY 2.09 ACRES AND IS GENERALLY LOCATED BETWEEN FORT WORTH DRIVE AND COUNTRY CLUB ROAD, NORTH OF BENT CREEK ESTATES SUBDIVISION; PROVIDING A SAVINGS AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA04-0001) Burroughs motioned, McNeil seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "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 regarding amendments to the Denton Development Code and the Code of Ordinances of the City of Denton, Texas related to development standards associated with electric transmission lines and non-transmission voltage lines. The Planning and Zoning Commission recommended approval (6-0). (SI04-0004, DME Code Amendments) Sharon Mays, Director of Electric Utilities, stated that the ordinance would adopt the National Electric Safety Code. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. City of Denton City Council Minutes April 20, 2004 Page 8 The following ordinance was considered: NO. 2004-125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AMENDMENT OF THE CITY OF DENTON, TEXAS, CODE OF ORDINANCES, CHAPTER 28, ARTICLE III ELECTRICAL CODE, DIVISION 3 AND PROVIDING FOR THE ADDITION OF SECTION 35, SUBCHAPTER 24 - ELECTRIC STANDARDS, RESPECTING THE ADOPTION OF THE NATIONAL ELECTRICAL SAFETY CODE, 2002 EDITION, VERSION C-2 2002; PROVIDING FOR AMENDMENTS TO THE NATIONAL ELECTRICAL SAFETY CODE, AS STATED IN SECTION 3 OF THIS ORDINANCE RESPECTING THE CITY OF DENTON, TEXAS; THE ESTABLISHMENT OF ELECTRIC TRANSMISSION LiNE MINIMUM CLEARANCE REQUIREMENTS RESPECTING THE MATTER OF ELECTRIC SUPPLY LINES RESPECTING CONSTRUCTION AND THE LOCATION OF IMPROVEMENTS ON REAL PROPERTY; PROVIDING FOR AN OPEN MEETINGS CLAUSE; PROVIDING FOR A CUMULATIVE CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 PER VIOLATION, PER DAY FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance concerning the creation of a Special Sign District for the Unicorn Lake Development. The proposed 133.5 acres site was located south of Interstate 35 East along both sides of Wind River Lane. The purpose of the Special Sign District was to allow signage for a development to deviate from the requirements of Subchapter 15 of the Development Code. The Planning and Zoning Commission recommended approval (6-0). (SD04-O001, Unicorn Lake DevelopmenO Kelly Carpenter, Director of Planning and Development, stated that the proposal had been approved by the Planning and Zoning Commission with five conditions. The Mayor opened the public hearing. The following individual spoke during the public hearing: Brad Shelton, developer- favor The Mayor closed the public hearing. Council discussion of the proposal included: Whether the developer agreed with the Planning and Zoning Commission's conditions Would there be lighted signs in the neighborhood Pylor signs not in development - only on I35 City of Denton City Council Minutes April 20, 2004 Page 9 The following ordinance was considered: NO. 2004-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT ON AN APPROXIMATE 133.5 ACRES OF LAND LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF INTERSTATE 35 EAST FRONTAGE ROAD AND W1ND RIVER LANE LEGALLY DESCRIBED AS TRACT 15 OF THE M.E.P.&P.R.R. SURVEY ABSTRACT NUMBER 950 IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD04-0001) Burroughs motioned, Kamp seconded to adopt the ordinance with the Planning and Zoning Commission recommendations. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution by the City Council of the City of Denton, Texas, supporting the submission of an affordable housing tax credit application by the City of Denton Housing Authority to the Texas Department of Housing and Community Affairs for the redevelopment of the Phoenix Apartments site located at 308 S. Ruddell Street; authorizing the Mayor to write a letter of support for the development and allocation of tax credits; and providing for an effective date. Barbara Ross, Community Development Administrator, stated that the Denton Housing Authority would be redeveloping the Phoenix Apartment site. The Authority needed approval by the governing body to apply for tax credits as the city already had twice the state average of units per capita supported by housing tax credits or private activity bonds. The following resolution was considered: NO. R2004-021 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE SUBMISSION OF AN AFFORDABLE HOUSING TAX CREDIT APPLICATION BY THE CITY OF DENTON HOUSING AUTHORITY TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE REDEVELOPMENT OF THE PHOENIX APARTMENTS SITE LOCATED AT 308 S. RUDDELL STREET; AUTHORIZING THE MAYOR TO WRITE A LETTER OF SUPPORT FOR THE DEVELOPMENT AND ALLOCATION OF TAX CREDITS; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes April 20, 2004 Page 10 B. The Council considered adoption of an ordinance amending the Denton City Code by adding article VII, entitled "storm water and detention facility improvements"; regulating the construction of storm water drain lines, channels and detention facilities; providing for pro rata and oversizing charges; providing a method of reimbursement to the developer by pro rata and oversizing payments; providing a method of enforcing payment of pro rata and oversizing charges; renumbering article VII to article VIII uniform regulations to govern the use and occupancy of public rights-of-way by providers of electric service in the city; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; providing a severability clause, providing a penalty not to exceed $2000 for each day of violation hereof; and providing an effective date. Dave Salmon, Assistant Director of Engineering, presented the details of the proposal. Current regulations required a developer to provide drainage structures large enough to account for future upstream development. There was no mechanism to reimburse a developer of additional costs associated with either upsizing drainage structures to provide for future upstream development or downstream drainage improvements across an adjacent property. In addition, the Texas Water Code required a developer to pick up existing drainage runoff from upstream properties and carry it through the development site. The drainage must be discharged in such a manner that would not damage the downstream property owner. The proposed ordinance would cover two specific development situations and provide a mechanism for a developer to recover the costs associated with drainage improvements that exceeded what was needed for his specific development in most instances. One other situation would be that the city would install the drainage improvements prior to development of properties. Pro rata fees would then be collected from developers when they developed their property and increased drainage runoff. Council discussion included: Ways to monitor the agreements due to a possible lengthy time frame for development Whether other cities had these types of agreements/procedures Comment cards were received from: Misty Ventura, Hughes and Luce - table the ordinance to clean it up before passage Council Member Kamp requested the Council go into Closed Session to continue discussion on the proposed ordinance. The Council went into Closed Session at 8:50 p.m. The Council returned from Closed Session at 9:10 p.m. Burroughs motioned, Thomson seconded to postpone Items 6B and 6C until the May 18, 2004 meeting. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances concerning Drainage Standards. The 9.071-acre parcel was located on the north side of Wind River Lane just east of the Wind River Subdivision. A multi-screen movie City of Denton City Council Minutes April 20, 2004 Page 11 theatre was proposed. The Planning & Zoning Commission recommended denial (4-2). (V04- 0001 Cinemark Addition Drainage Variance) This item was postponed until the May 18, 2004 meeting as noted in Item 6B. D. The Council considered adoption of an ordinance approving an Interlocal Cooperation Agreement between the City of Denton and the Denton County Transportation Authority relating to an Enhanced Local Assistance Program; and providing an effective date. Mark Nelson, Director of Transportation Services, stated that the ordinance would transfer funds from the Denton County Transportation Authority to the City of Denton through the Enhanced Local Assistance Program. The following ordinance was considered: NO. 2004-127 AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY RELATING TO AN ENHANCED LOCAL ASSISTANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. New Business The following items of New Business were suggested by Council for future agendas: Mayor Pro Tem Burroughs requested a resolution of support for the County bond package. Council McNeill requested a work session on zero based budgeting before the budget process started this year. Council Member Redmon requested that the Agenda Committee place boards/commissions nominations on the next agenda. 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. There was no further continuation of Closed Meeting under Sections 551.071- 551.086 of the Texas Open Meetings Act. City of Demon City Council Minutes April 20, 2004 Page 12 H. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 9:20 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON