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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. City of DeNon City Council Minutes 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: City of DeNon City Council Minutes 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. City of DeNon City Council Minutes 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 City of Demon City Council Minutes 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. City of Demon City Council Minutes 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. City of DeNon City Council Minutes 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