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Minutes October 19, 2004CITY OF DENTON CITY COUNCIL MINUTES October 19, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 19, 2004 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding the City's existing ordinance dealing with water and wastewater leak adjustments to customer billing; revisit underlying policy. Susan Croft, Utility Process Quality Control Auditor, stated that periodically the Customer Service Department received requests from customers for water leak adjustments, specifically for toilet leaks. Although most of the requests for billing adjustments were denied, more and more customers were questioning the clarity and applicability of the ordinance as it related to hidden water leaks and toilet leaks. The Public Utilities Board had reviewed the current ordinance and voted to recommend amending the ordinance to further its clarity. The new ordinance would not allow for an adjustment for a problem with appliances and/or toilet leaks. After a discussion on the provisions of the ordinance, the consensus of the Council was to proceed with the proposed ordinance. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for October 19, 2004. Mayor Pro Tem McNeill requested a clarification on page 2 of the September 14, 2004 minutes dealing with the ad valorem tax dollars point. He felt a better clarification would be "the current ad valorem tax rate did not allow the capture of dollars needed to pay for maintenance." Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the items listed below. 1. Closed Meeting: Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Discussed and considered legal issues concerning the City of Denton's municipal drainage operation as it has and is being operated as a public utility as a drainage function of the Wastewater Utility System, under the Municipal Drainage Utility Systems Act, in accordance with Ordinance No. 2001 - 428 and other applicable law, including the legal aspects of how it has functioned as a utility under the law as compared to other municipal operations where to discuss these legal issues 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. City of Denton City Council Minutes October 19, 2004 Page 2 Received a briefing regarding San Angelo Electric Services Company ("SESCO") claim which has been asserted against the City of Denton, Texas and numerous other entities; receive a consultation from the City's attorney on a matter in which the ethical duties of the attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly require such a consultation to be held in private; discuss options regarding same; and provide guidance to Staff and/or a recommendation to Staff. Considered and discussed status of litigation styled Robinson v. City of Denton, Cause No. 2003-60130-393, currently pending in the 211th District Court of Denton County, Texas. Received legal advice from the City Attorney regarding the award of Special Commissioners and procedural options in condemnation proceeding styled The City of Denton, Texas v. Ed Wolski, et al., Cause No. ED-2003-01177 pending in the Probate Court of Denton County, Texas. Consulted with the City's attorneys on legal matters concerning amendments to the Development Code to require a specific use permit for all multi-family development and related procedural issues, where to discuss such matters in public would conflict with the duty of the attorneys to the City Council and City under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Bo Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072, Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberated the value of real property interests for the fee acquisition of approximately 88.56 acres and donation of approximately 34.89 acres, both being a part of the James Edmondson Survey, Abstract-401, and the James L. Harris Survey, Abstract A-5555, located at the southwest comer of Vintage Boulevard and Bonnie Brae Street, and the fee acquisition of approximately 10.186 acres being a part of the Thomas Toby Survey, Abstract No. 1285, located along the north side of FM 1515 (Airport Road), northeast of Westcourt Road, (the "Properties"), which are being acquired for a public purpose, and receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and donation of such real property interests. Regular Meeting of the City of Denton City Council on Tuesday, October 19, 2004 at 6:30 p.m. in the Council Chambers at City Hall. ABSENT: Council Member Kamp City of Denton City Council Minutes October 19, 2004 Page 3 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: Pecan Creek Elementary School Day Dr. Ron Alridge Day Lions White Cane Day Denton Chamber of Commerce Week B. October Yard-of-the-Month Awards Mayor Brock presented the following October Yard of the Month awards: Dale and Charlotte Irwin Harold and Carolyn Walding John and Becky Wright Patti and Bob Von Tour Emily Taylor Carl and Patti Freeman Roger and Deborah Cox - Watersmart Yard Primrose at Sequoia Park - Business Yard 3. CONSENTAGENDA Mulroy motioned, McNeill seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. A. Approved the minutes of September 7, 14, 20 and 21, 2004. 2004-325 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Electric Rubber Insulated Termination and Separable Connector Goods and Accessories for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3187 - Annual Contract for Electric Rubber Insulated Termination and Separable Connector Goods and Accessories awarded to Hughes Supply in the estimated amount of $152,000). Co 2004-326 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Automatic Throw Over (ATO) Switches for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing City of Denton City Council Minutes October 19, 2004 Page 4 an effective date (Bid 3220 - Annual Price Agreement for ATO Switches awarded to Hughes Supply in the estimated amount of $85,160). 2004-327 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Promotional Commercials from Comcast Advertising, Denton, Texas, pertaining to Denton Municipal Electric, which are available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3245 - Comcast Advertising in the amount of $48,324). 2004-328 - An ordinance of the City of Denton, Texas authorizing payment of the award of Special Commissioners into the Registry of the Court in condemnation proceeding styled The City of Denton, Texas v. Ed Wolski, et al., Cause No. ED- 2003-01177 pending in the Probate Court of Denton County, Texas; and declaring an effective date. 2004-329 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 04-C; providing for continued participation in the ongoing electric matters before the Texas Public Utilities Commission and the Electric Reliability Council of Texas by Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. 2004-240 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 04-D; providing for continued support in the ongoing electric wholesale market design project by Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1 DBT Porcupine (.L0we~S) DCAD Sul~Plemental Change 2003: $3,762.43 2. Price Westwind DCAD Supplemental Change 2003 8,011.19 4. PUBLIC HEARINGS A. The Council held a public hearing inviting citizens to comment on the proposed usage of the 2004 Local Law Enforcement Block Grant funding. Captain Lee Howell, Denton Police Department, stated that this item was for the usage of the 2004 local law enforcement block grant funding. The funds were to be used for equipment, technology and materials for law enforcement. An advisory board reviewed the funding and the usage of the funds. City of Denton City Council Minutes October 19, 2004 Page 5 The Mayor opened the public hearing. No one spoke during the public heating. The Mayor closed the public hearing. B. The Council held a public hearing and considered adoption of an ordinance rezoning 3.96 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 0XIR-4) zoning district. The property was generally located on the east side of Locust Street, approximately 400 feet south of Windsor Street. The Planning and Zoning Commission recommended approval (7-0). (Z04-0034, Jamart Estates) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. The site was south of the North Branch Library with proposed rezoning from NR2 to NR4. The back portion of the property would be subdivided for homes with a cul-de-sac off Locust. The Mayor opened the public hearing. Roger Wilkinson, representing the owner of the property, spoke in favor. The Mayor closed the public heating. The following ordinance was considered: NO. 2004-331 AN ORDiNANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONiNG CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONiNG DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3.96 ACRES OF LAND LOCATED ON THE EAST SIDE OF LOCUST STREET, APPROXIMATELY 400 FEET SOUTH OF WINDSOR STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0034) Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. C. The Council continued a public hearing and considered adoption of an ordinance amending Sub-Chapters 3 (Procedures), 13 (Site Design Standards), and 23 (Definitions) of the Development Code and amending the Application and Site Design Criteria Manuals associated with tree preservation. The Planning and Zoning Commission recommended approval (6-0). (SI03-0012, Tree Preservation Ordinance) City of Denton City Council Minutes October 19, 2004 Page 6 Larry Reichhart, Assistant Director of Planning and Development, stated that the ordinance had been revised per the latest comments including comments from the Committee. It was recommended that the ordinance be reviewed in six months. Council discussed the provisions dealing with a third party destroying trees without the knowledge of the property owner. The procedure would include an investigation of the incident with the guilty party being held responsible for the destruction of the trees. Council Member Kamp returned to the meeting. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Mark Burroughs, Chair-Tree Subcommittee, spoke in support of the ordinance. He felt that trees needed to be protected but regulations should not overburden the property owner. He urged strong enforcement of the ordinance, the hiring of an arborist, the formation of a citizen review committee, writing the provisions of the ordinance in order to be user friendly, and the formation .of tree conservation areas. He suggested a few technical changes in the wording of the ordinance. Mike Drury, 2115 Highland Park Road, Denton, spoke in opposition to the ordinance. He felt it was antigrowth, anti-business, and anti-American and failed to protect the minority from the excess of the majority. Michel Herrilgers, 651 Wade Road, Sunset, spoke in support of the ordinance. Roger Huebner, 2210 Dartmouth Drive, Arlington, spoke in support of the ordinance. He indicated that he wanted to take a copy back to the City of Arlington to use there. He had a concern regarding the continuous drip line requirement in relation to a stand of trees. Bernadette Donahue, 608 W. Hickory, Denton, spoke in support of the ordinance. She felt that there still might be too many loopholes in the ordinance. Crreg Webb, 817 Crystal Creek, Arlington, spoke in support of the ordinance. He also supported the creation of a tree inventory to be done by a professional. David Havens, 917 S. Elm, Denton, spoke in support of the ordinance. He had a concern regarding the enforcement provisions in Section D relative to third party problems. Hilary Jump, 1405 San Gabriel Drive, Denton, spoke in favor of the ordinance. She suggested that the wording in the ordinance be very clear that a tree trust must be within the city limits. Michelle Daniels, 324 Fulton Street, Denton, spoke in support of the ordinance. She urged the hiring of an arborist and a qualified professional to review plans of an area, as trees were a benefit to the city Kathleen Milacek, 504 Riney Road, Little Elm, expressed concern for the enforcement end of the ordinance. She felt the clarity of the intent of the ordinance was not certain. Dianne Driscoll, 7640 W. Greenway, Dallas, felt that there was a potential loophole applicable to Section A2. City of Denton City Council Minutes October 19, 2004 Page 7 Louis Vasquez, 1003 Eagle Drive, Denton, spoke in support of the ordinance. His main concem was the enforcement of the ordinance. He felt that the City could receive a grant from the Texas Forestry Service for an arborist. Kelly Weber, 1003 Eagle Drive, Denton, spoke in favor of the ordinance but expressed concern regarding consistent enforcement. Ryan Matthews, 1003 Eagle Drive, Denton, spoke in support of the ordinance and suggested educational programs for public knowledge of trees. Bill Keith, 1420 Kings Row, Denton, spoke in opposition to the ordinance. He felt it was an invasion of property fights, taking trees without compensation to the property owners and that the ordinanee would damage the community's growth. John Paul Eddy. 1320 Heather Lane, Denton, spoke in support of the ordinance. He indicated that there needed to be good enforcement of the ordinance. Scan O'Brien, 418 Audra Lane, Denton, spoke in support of the ordinance. He felt an urban forester or arborist was needed. Melissa Lindlow, Dallas, spoke in support. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-332 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUB-CHAPTER 3 (PROCEDURES), SUBCHAPTER 13 (SITE DESIGN STANDARDS), AND SUBCHAPTER 23 (DEFINITIONS) OF THE DENTON DEVELOPMENT CODE ASSOCIATED WITH TREE PRESERVATION, PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SI03-0012) McNeill motioned, Montgomery seconded the approval of the proposed ordinance with an added requirement that it be brought back to the Planning and Zoning Commission and Council in six months for review of effectiveness. He also asked that the current committee be required to remain active for the parallel six-month period. Mark Burroughs, current chair of the committee, would assist with the establishment of a citizen's advisory committee that would also evaluate the ordinance during this six-month period. The committee could have additional members who wanted to serve on it in addition to the Council appointing members to serve on this citizen advisory committee. The Planning Department would develop a charge and procedures for the operation of the committee. Reichhart suggested a wording change also be added in Section 2 a.i.i, stating "and that do not require the removal of trees." MeNeill and Montgomery agreed to add that language to the motion and second. On roll vote, Kamp "aye", MeNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. City of Denton City Council Minutes October 19, 2004 Page 8 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager, as Denton's duly authorized representative, to accept a water quality grant from the United States Environmental Protection Agency ("USEPA"); authorizing the City Manager to act on behalf of the City of Denton in all matters related to the grant, including funding the City's cost share of the grant; and pledging that the City of Denton will comply in all material respects with the project requirements of the grant (demonstrating the impacts of oil and gas exploration on water quality and how to minimize these impacts through targeted monitoring activities and local ordinances; award amount funded by USEPA - $157,100; Denton's cost share - $88,041); and providing an effective date. Kenneth Banks, Water Quality Manager, presented background information regarding the application for the grant. The following ordinance was considered: No. 2004-333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S DULY AUTHORIZED REPRESENTATIVE, TO ACCEPT A WATER QUALITY GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ("USEPA"); AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF DENTON 1N ALL MATTERS RELATED TO THE GRANT, INCLUDING FUNDING THE CITY'S COST SHARE OF THE GRANT; AND PLEDGING THAT THE CITY OF DENTON WILL COMPLY IN ALL MATERIAL RESPECTS WITH THE PROJECT REQUIREMENTS OF THE GRANT (DEMONSTRATING THE IMPACTS OF OIL AND GAS EXPLORATION ON WATER QUALITY AND HOW TO MINIMIZE THESE IMPACTS THROUGH TARGETED MONITORING ACTIVITIES AND LOCAL ORDINANCES; AWARD AMOUNT FUNDED BY USEPA - $157,100; DENTON'S COST SHARE - $88,041); AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Mulroy seconded to adopt the ordinance without modification. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. B. The Council considered approval of an exaction variance of Section 35.20.2 (M)(2) of the Code of Ordinance concerning improvements to offsite streets. The 3.96-acre parcel was located on the east side of Locust Street/FM2164, approximately 400 feet south of Windsor Drive. The Planning and Zoning Commission recommended approval of a partial variance (7-0). (V04-0024) David Salmon, Assistant Director of Engineering, stated that the requested variance dealt with the offsite improvements for the turning lanes. The Planning and Zoning Commission had approved a partial variance for the left mm lane. The applicant agreed with the Commission's recommendation. City of Denton City Council Minutes October 19, 2004 Page 9 Kamp motioned, Redmon seconded to grant the partial variance recommended by the Planning and Zoning Commission. 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 appointments to the City's Economic Development Partnership Board. Kamp motioned, Mulroy seconded to approve all nominations as presented at the last meeting. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. D. Citizen Reports Review of procedures for addressing the City Council. The Council received citizen reports from the following: A. Joel Kesterson regarding gas wells near residential neighborhoods. Mr. Kesterson indicated that he was not in favor of gas wells in residential neighborhoods. He felt residents should not have gas wells near their homes. He suggested a moratorium on gas drilling within the city limits. B. Cindy McTee regarding gas wells near residential neighborhoods. Ms. McTee felt that gas well drilling threatened both peace and beauty of the community. C. Lillie Clark regarding gas wells near residential neighborhoods. Ms. Clark stated that she had concerns regarding gas well drilling in southeast Denton. She asked that the Council look at what affect a gas well had on residential neighborhoods. She asked if there were an evacuation plan in place in the event ora disaster. D. Les Brothers regarding gas wells near residential neighborhoods. Mr. Brothers stated that many residents did not want gas wells in residential areas. Gas revenues were not long term and were not stable. High-end housing would not be built where gas wells might be developed. He suggested prohibiting gas wells on property zoned for residential or employment center industrial use. He also suggested a moratorium on gas drilling within the city limits until development regulations were changed. This should be placed on an upcoming council agenda as soon as possible for discussion. E. Robert Donnelly regarding drainage issues. Mr. Dounelly, 3900 Quail Creek Road, showed a video with council candidates, now current council members, discussing drainage runoff. He was still having problems with drainage from a development completed near his property. He still had not heard from any council member regarding his problems. City of Denton City Council Minutes October 19, 2004 Page 10 E. New Business Council Members suggested the following items of New Business for future agendas: 1. Mayor Brock and Council Member Redmon requested a discussion on the gas well ordinance as it related to residential issues. 2. Mayor Pro Tem McNeill and Council Member Mulroy requested an update on the Donnelly drainage issue including a history of the adjacent property, when platted and approved, etc. 3. Mayor Pro Tem McNeill requested a review of the components to list on utility bills that made up the solid waste charges such as curbside solid waste, curbside recycling, drop-off centers and others. F. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduffdid not have any items for Council. G. 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. 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 adjourned at 9:02 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK MAYOR CITY OF DENTON, TEXAS