Minutes May 18, 2004CITY OF DENTON CITY COUNCIL MINUTES
May 18, 2004
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 18, 2004 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem 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 Tree
Preservation regulations. (SI03-0012, Tree Preservation)
Mayor Pro Tem Burroughs presented the recommendations from the Tree Preservation
Subcommittee. He reviewed the history of the formation of the Subcommittee and the goals of
the Subcommittee including the need to eliminate automatic Council appeals, keeping the
ordinance simple, making it enforceable, preserving the Cross Timbers forest, and not having a
punitive ordinance.
Larry Reichhart, Assistant Director of Planning and Development, presented a power point
presentation regarding the proposed tree preservation ordinance. He stated that the purpose and
intent of the ordinance were to promote the preservation of trees and tree stands; protect trees
during construction; improve air and water quality; maintain and enhance a positive image of the
City; provide for a permitting and enforcement procedure. The ordinance would apply to
undeveloped land, redevelopment and city projects. Exemptions would be made for projects
currently being processed; agricultural uses; platted single-family lots; pruning and tree removal
of trees interfering with public utilities; and the city's landfill and airport. A permit would be
required to remove any tree greater than three inches. The proposal outlined the review and
approval process with four standards of tree designations being made- quality trees, quality tree
stands, protected trees and historic trees. Preservation requirements stated that historic trees
would be preserved, protected trees would be preserved unless mitigated at a 1:2 ratio,
preservation for quality trees and quality tree stands would be based on a tree inventory plan and
minimum preservation requirements ran with the land. Mitigation standards included protected
trees may be removed if mitigated at a ratio of 1:2, quality trees were 1:1.5 and mitigation
consisted of any combination of planting trees on site, utilization of a tree bank, planting trees on
public property, and payment into the tree fund. Trees that were required to be planted in
compliance with other development regulations would not be counted for the purpose of
satisfying mitigation requirements, only trees species identified on the tree mitigation
replacement table would be used towards mitigation, off-site alternatives required additional
funds for maintenance of a three year period, and tree banks included areas of a minimum of one
acre that had the characteristics of Cross Timber forests. Requirements of a tree bank included
the designation of a tree bank and the transfer of tree credits would be approved by the
Development Review Committee chairman; would be preserved with a permanent conservation
easement, restrictive covenants, or other such legal mechanisms; and areas that were
undevelopable, such as floodplains, wetlands and riparian areas, would not be designated as tree
banks. Preservation incentives included tree credits for different tree classifications, allowances
for parking space designs, parking lot design alternatives, subdivision designs, additional
incentives approved by council might include a list of those incentives. Enforcement measures
would include stop work orders; each tree removed in violation of this ordinance would
constitute a distinct and separate offense with a $2000 maximum penalty per violation; trees
City of DeNon City Council Minutes
May 18, 2004
Page 2
injured or destroyed by natural disasters, would be a defense to the removal. Additional code
revisions would include Subchapter 22 and Subchapter 3 to update with this ordinance. A
criteria manual would be updated with plan submissions, tree protection, tree planting
restrictions and tree mitigation replacement table. Outstanding issues included small lot and
infill relief (what size qualified, how much relief provided), agricultural exemptions, applying
the regulations in the ET J, designation of tree banks (who designated, staff city council citizen
advisory board), maiNenance costs, should a 3 year maiNenance cost be added to the cost of the
planing on city property.
Council discussion included:
· Consider an exemption for trees with extreme mistletoe or similar disease - provision
was included for diseased trees
· Enforcement difficulties - was an arborist needed to implement this ordinance. - some
type of specialist would be needed to help with the enforcement of the provisions.
· What in the process really preserved large historic trees - could such trees be removed if
the requirements and mitigation standards were met.
· How to enforce sick tree removal - outsource that rather than add another staff member.
· An ordinance without any enforcement teeth was not any good.
· A citizen's tree committee could establish tree stands that should be ideNified to be
saved.
Applying regulations in ETJ - limited ability to apply regulations to the ETJ. Not able to
apply the regulations unless direct application to watershed. Tree banks could be credited
in the ETJ.
Agricultural issues - exempt if over two acres - policy issues whether preservation of
urban agricultural use was a priority. No time frame to keep property agricultural to use
the exemption.
· Agricultural exemptions were included for historic uses that had been in effect for many
years.
Take the draft ordinance, choose sample plats and see how the ordinance would apply
and the effect of the ordinance before passage. - this had been done in several locations
already.
Small lot and infill relief - needed to consider the impact of small lot and infill. These
were different from other types of developments. Without such preservation, the
ordinance would conflict with the infill policy of developmeN.
· Concern for environment, esthetics.
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May 18, 2004
Page 3
Species of trees were eliminated for mitigation - have to use for planting - a tree could
be taken out without a permit if on an undesirable tree list - allow for a lower level of
mitigation.
Consensus of Council was to hold another work session to consider the agricultural exemption
question, the small area and infill relief, modification of the waiver request, and undesirable tree
preservation. A public hearing would then be held on the proposal.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the regular meeting of May 18, 2004.
Regular Meeting of the City Council on Tuesday, May 18, 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
There were no proclamations/awards for this meeting.
B. May Yard-of-the-Momh Awards
Mayor Brock presemed the Yard of the Momh awards to:
Diane and Spence Benbow
Robbie Gober
Frenchy and Teri Rheault
Kathy Massey
Cathleen and Gerard Brackeen
Melva Wheeler
Watersmart Yard-Amika Reyes
Senior Care Health and Rehabilitation Cemer
C. Recognition of staff accomplishmems
City Manager Conduffpresemed staff accomplishments to the Council and audience.
3. CITIZENS REPORTS
A. The Council received citizen reports from the following:
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May 18, 2004
Page 4
Dr. Roger Nunn requesting a public hearing be held regarding the City's
proposed drainage plan for the Fletcher Branch between E1 Paseo and
Ryan Road.
Dr. Nunn requested the Council consider the water level of the ponds in the area. He requested
that the Council hold a public hearing regarding the issue.
2. Candace Parker regarding amending Section 6-30 of the Code of
Ordinances (prohibited animal permit) to allow for wildlife rehabilitators.
Ms. Parker stated that she would like to have the city ordinance changed to include the
consideration of wildlife rehabilitators. These individuals would be able to treat, rehabilitate and
eventually release wildlife back imo their natural habitats. These individuals were highly trained
and certified in their fields.
3. Dessie Goodson regarding responsibility.
Ms. Goodson presented information regarding her recent arrest in connection with a LINK
incidem. She felt the city had not taken responsibility regarding her accidem on the LINK
system.
4. Robert Baker regarding excessive noise.
Mr. Baker asked the Council to consider an amendmem to the noise ordinance. A neighboring
property owner used grass blowers very early in the morning that disturbed the tenams in his
building. The noise was affecting his business. The currem ordinance did not address
commercial blowers. He suggested an amendmem that would address this issue and to consider
not using such equipmem before 9:00 a.m., within 100 feet of a dwelling and on Sundays not
until after 1:00 p.m. and perhaps not more than three times per week.
5. Melissa Lux regarding Fletcher Branch.
Ms. Lux stated that she had a concern regarding the water level of the pond that surrounded their
property. One property owner had requested that the water level be reduced but none of the
other property owners had been consulted.
6. Willie Hudspeth regarding minority hiring and the tree ordinance.
Mr. Hudspeth was not present at the meeting.
7. Larry/Ann Tubbs regarding Fletcher Branch issues with the City.
Mr. Tubbs presemed concerns regarding the Fletcher Branch Creek. Several years ago
developers in the area made unapproved changes to the Creek. The City made them stop those
changes and applied conditions to future development. Those conditions still had not been met.
A developer of one lot in the area changed the water level of a pond without the knowledge of
the area property owners. They were now concerned about flooding and the effect the lowering
of the water level would have on the area wildlife.
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May 18, 2004
Page 5
4. CONSENT AGENDA
Burroughs motioned, McNeill seconded to approve the Consem Agenda and accompanying
ordinances and resolutions. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye",
Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
A. Approved the minutes of April 20 and April 27, 2004.
Bo
R2004-024 - A resolution approving the issuance of bonds by the Colorado
Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan
Society; and providing an effective date.
Co
2004-145 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of Reinforced Concrete Pipe, Concrete Box Culverts and
Corrugated Metal Pipe; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3149 -Annual Comract for RCP Pipe, Concrete
Box Culverts, and Corrugated Metal Pipe awarded to the Hanson Pipe and
Products, Inc. in the estimated amoum of $350,000).
Do
2004-146 - An ordinance authorizing the City Manager to accept an Interlocal
Agreement with the City of Hickory Creek, Texas to authorize participation in
various City of DeNon comracts for the purchase of various goods and services;
authorizing the expenditure of funds therefor; and declaring an effective date (File
3169 - Imerlocal Agreemem with the City of Hickory Creek, Texas).
mo
2004-147 - An ordinance accepting competitive bids and awarding a comract for
the purchase of a 4 cubic yard Top Dresser Material Handler for the City of
Denton Parks Department; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3160 - 4 Cubic Yard Top Dresser Material
Handler awarded to Austin Turf and Tractor in the amount of $31,010.86).
Fo
2004-148 An ordinance authorizing the Mayor to execute an Interlocal
Cooperation Agreemem between the City of DeNon and the City of Corimh for
the impoundmem and disposition of dogs and cats and the collection of fees
pursuant to the provisions of said agreement; and providing for an effective date.
Go
2004-149 An ordinance authorizing the Mayor to execute an Interlocal
Cooperation Agreemem between the City of DeNon and the City of Roanoke for
the impoundmem and disposition of dogs and cats and the collection of fees
pursuant to the provisions of said agreement; and providing for an effective date.
Ho
2004-150 An ordinance authorizing the Mayor to execute an Interlocal
Cooperation Agreemem between the City of DeNon and the City of Ponder for
the impoundmem and disposition of dogs and cats and the collection of fees
pursuant to the provisions of said agreement; and providing for an effective date.
City of DeNon City Council Minutes
May 18, 2004
Page 6
2004-151 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an
approximate 0.759 acre sanitary sewer and reuse water easement and an
approximate 0.926 acre temporary construction easement both of which are out of
a parcel or tract of land described in that certain deed to Robert W. Callahan as
recorded in Volume 4656, Page 164 of the Real Property Records of DeNon
County, being located in the Gideon Walker Survey, Abstract No. 1330 and the
Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas and being
part of a tract or parcel of land owned by Robert W. Callahan, authorizing the
City Manager or his designee to make an offer to purchase the easemems for their
just compensation and if such offer is refused, authorizing the City Attorney to
institute the necessary proceedings in condemnation in order to acquire the
property; and declaring an effective date.
Jo
2004-152 - An ordinance of the City of DeNon approving a Sanitary Sewer
Facilities Agreement between the City of Denton, Texas and Canyon Energy
Partners, LTD. to provide for the construction of sanitary sewer facilities to serve
the Enclave at Lakeview Ranch, a residential development in the City of Denton,
and to serve the needs of the City of DeNon; providing for the expenditure of
funds therefor; and providing for an effective date.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an
ordinance graining approval of a surface use of a portion of the Briercliff Park for the purpose of
a public street in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing
for a street dedication easement; and providing an effective date.
Bob Tickner, Superimendent of Parks Planning, stated that a portion of Briercliff Park would be
used for a roadway for Unicom Lake developmem. The plan was to build a boulevard through
the area. The best location of a small portion of the roadway would need to go through the park.
Only 1/2 acre would be used from the park. It would not affect how the property would be used as
a park.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-153
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION
OF THE BRIERCLIFF PARK FOR THE PURPOSE OF A PUBLIC STREET IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE
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May 18, 2004
Page 7
CODE; PROVIDING FOR A STREET DEDICATION EASEMENT; AND
PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Thomson seconded to adopt the ordinance. 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 held the second of two public hearings to consider the volumary
annexation and service plan for approximately 63.32 acres of land generally located west of
Swisher Road, north of Edwards Road in the eastern section of the City of Demon
Extraterritorial Jurisdiction (ET J). (Longhorn Development Annexation, A04-O00O
Kelly Carpenter, Director of Planning and Development, presented the details of the proposal.
This was a voluntary annexation and there were no opposition letters received.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
No action was needed on this item.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance approving a Notice of
Restriction for a Stream and Stream Buffer Area Preserve associated with the Construction and
Management of Lake Forest Park, which preserve area is a 5.6 acre tract of land being a portion
of T. Labor Survey A-779 and the N. Britton Survey A-51, an addition to the City of Denton,
Texas; and providing an effective date.
Bob Tickner, Superintendent of Parks Planning, stated that in 2000 developers of the area
approached the city for a joim wetland preserve project. A mitigation plan had been developed
with the Army Corps of Engineering. The city had purchased 69 acres in the area next to Lake
Forest Good Samaritan Village. 5.6 acres would be dedicated along the stream in the area for a
stream and stream buffer area preserve.
The following ordinance was considered:
NO. 2004-154
AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A STREAM
AND STREAM BUFFER AREA PRESERVE ASSOCIATED WITH THE
CONSTRUCTION AND MANAGEMENT OF LAKE FOREST PARK, WHICH
PRESERVE AREA IS A 5.6 ACRE TRACT OF LAND BEING A PORTION OF T.
LABOR SURVEY A-779 AND THE N. BRITTON SURVEY A-51, AN ADDITION
TO THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
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May 18, 2004
Page 8
Burroughs motioned, Montgomery seconded to adopt the ordinance. 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 adoption of an ordinance authorizing the Mayor, or her
designee, to execute an Interlocal Cooperation Agreement between the City of Denton and
Denton County to provide for Loop 288 engineering services; authorizing the expenditure of
funds; and providing for an effective date.
Charles Fiedler, Director of Engineering, stated that the agreement with the County dealt with
the funding component of the agreement.
The following ordinance was considered:
NO. 2004-155
AN ORDINANCE AUTHORIZING THE MAYOR, OR HER DESIGNEE, TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
CITY OF DENTON AND DENTON COUNTY TO PROVIDE FOR LOOP 288
ENGINEERING SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS;
AND PROVIDING FOR AN EFFECTIVE DATE.
McNeill motioned, Kamp seconded to adopt the ordinance. 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 adoption of an ordinance amending Section 2-27
"Administrative Departments" of the City Code to bring the City departments and the
department head titles current; providing a savings clause; and providing an effective date.
City Attorney Prouty stated that this ordinance would bring this section of the code up to date
with the current departments. The section had not been changed since 1966 and needed to be
updated.
The following ordinance was considered:
NO. 2004-156
AN ORDINANCE AMENDING SECTION 2-27 "ADMINISTRATIVE
DEPARTMENTS" OF THE CITY CODE TO BRING THE CITY DEPARTMENTS
AND THE DEPARTMENT HEAD TITLES CURRENT; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Montgomery motioned, Kamp seconded to adopt the ordinance. 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
May 18, 2004
Page 9
D. The Council considered approval of a resolution adopting an Ethics Policy for
Elected and Appoimed Officials of the City of Demon, Texas; and providing an effective date.
Dottie Palumbo, Assistam City Attorney, stated that a council ethics subcommittee had held
several public meetings to gather input on an ethics policy for elected and appointed officials.
The following resolution was considered:
NO. R2004-025
A RESOLUTION ADOPTING AN ETHICS POLICY FOR ELECTED AND
APPOINTED OFFICIALS OF THE CITY OF DENTON, TEXAS; AND PROViDiNG
AN EFFECTIVE DATE.
Kamp motioned, Thomson seconded to approve the resolution.
Mayor Pro Tem Burroughs made the following friendly amendments to the motion: Item #3,
Section 1, last sentence "promote" rather than "preserve"; #5 - last sentence add "and others as
partners on common issues"; Item 6 "think creatively" instead of"outside the box".
Kamp
"aye",
"aye".
and Thomson accepted the friendly amendments. On roll vote, Burroughs "aye", Kamp
McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock
Motion carried unanimously.
E. The Council considered approval of a resolution amending the Code of Election
Ethics for the City of Demon by adding a provision for a prohibition on the use of the City of
Denton Logo during a Campaign; and providing an effective date.
Dottie Palumbo, Assistant City Attorney, stated that this amendment of the Code of Election
Ethics would prohibit the use of the city logo during a campaign.
Council Member McNeill suggested a minor amendment to state "discourage" instead of "not
allow" outside parties to use deceptions...".
The following resolution was considered:
NO. R2004-026
A RESOLUTION AMENDING THE CODE OF ELECTION ETHICS FOR THE CITY
OF DENTON BY ADDING A PROVISION FOR A PROHIBITION ON THE USE OF
THE CITY OF DENTON LOGO DURING A CAMPAIGN; AND PROVIDING AN
EFFECTIVE DATE.
Kamp motioned, Burroughs 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.
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May 18, 2004
Page 10
F. The Council considered nominations/appoimmems to the City's Boards and
Commissions.
Council Member Redmon nominated Donna Morris to the Historic Landmark Commission.
G. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Thomson requested information regarding contracts in the
bidding process in terms of accepting the lowest bid or giving a small preference for local dealers
or the ability to take a higher bid based on a quality factor.
2. Council Member McNeill requested an update on what resources were being used
to speed up the construction on Spencer and Mayhill Roads.
3. Council Member Kamp requested an update on the ordinance regarding wildlife
rehabilitation and information on the possible suspension of enforcemem umil the ordinance was
revised.
4. Council Member Redmon requested an update on the noise ordinance relative to
the use of commercial devices such as leaf blowers.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff offered commems on the terms of service of Mayor Pro Tem Burroughs.
Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no cominuation of the Closed Meeting.
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 8:05 p.m.
EULINEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS