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Minutes November 16, 2004CITY OF DENTON CITY COUNCIL MINUTES November 16, 2004 After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, November 16, 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 proposed ordinance revisions related to Code Enforcemem and property appearance. Lt. Scott Fletcher, Denton Police Department, stated that this was a continuation of an earlier work session discussion held with the Council. Council discussion included: Registering used car dealers. Possible limitation of the number of used cars/vehicles for sale on private property. Provisions in the code amendments to allow for temporary visits of people with RV's. Encourage the rental inspection program. Consider implementing the changes one at a time in increments rather than all at once. Life safety issue would be a good starting poim. Consensus of the Council was to proceed with the proposals in tiers such as life safety, health issues, general nuisances with associated work session discussions. Each item would be investigated for options with a staggered implementation plan. Fletcher stated that Items #1-8 already had model ordinances drafted. The remaining items would require a more in-depth examination. Council agreed that Items #1 and #3 dealing with stagnant water would be a good starting point as they dealt with life safety and health issues. It was also noted that there was a need for a good public information campaign in order to make sure citizens knew what the Council was trying to accomplish. Neighborhood associations could also be used to help with that campaign. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for November 2, 2004. 3. The Council received a report and held a discussion with Leadership DeNon. Council met with Leadership DeNon and discussed major topics of imerest concerning the city and city govemmem. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the following: City of DeNon City Council Minutes November 16, 2004 Page 2 1. Closed Meeting: mo Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Considered and discussed ratification of mediated settlement agreement in litigation styled Ugwuh v. City of Denton, Cause No. 2002-41462-362, currently pending in the 362nd District Court of Denton County, Texas. Considered and discussed status of litigation styled Robinson v. City of Denton, Cause No. 2003-60130-393, curremly pending in the 211th District Court of Denton County, 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 and purchase of real property imerests 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 corner 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") and other alternate sites, 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 imerests. Co Deliberations regarding certain public power utilities: competitive matters - Under TEXAS GOVERNMENT CODE Section 551.086. Received an electric public power briefing and presemation from the Director of Denton Municipal Electric regarding competitive electric and commercial information, pertaining to the subject of electric base rates; discuss, deliberate, consider, and provide Staff with direction regarding such matters. Regular Meeting of the City of DeNon City Council on Tuesday, November 16, 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. City of DeNon City Council Minutes November 16, 2004 Page 3 2. JOINT PUBLIC HEARING A. The Council held a join public hearing with the Planning and Zoning Commission to consider zoning amendments to the Denton Development Code affecting multi- family developmeN including, without limitation, requiring Specific Use Permits for all multi- family developmeN in the City of DeNon. Planning and Zoning Commission Chairman Powell announced that a quorum of Commissioners was present with Commissioners Holt, Strange and Noble absent. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Randall Smith, 829 Tealwood Circle, Flower Mound, 75028- opposition-has property that would be affected. Glenn GuNer, 4653 Seneca, Fort Worth, 76137 - opposed - has property that would be affected. Karen Raabe, 2515 Jamestown Lane, Denton, 76209 - opposed - develop a clearer definition of multifamily unit. Delores Vann, 811 West Oak, Denton, 76201 - favor-need to protect inner city from large multifamily developments. Karen DiVinney, 1820 West Oak, Denton, 76201 - favor - would protect existing neighborhoods. Alan Bussell, 1668 Amanda Court, Ponder, 76259 - opposed - put regulations in the Code to start with rather than try to incorporate with an SUP. Melissa Lindelow, 1717 Main, Dallas, 75201 - represeNing Windjammer, opposed-has property that would be affected. Paul Cauduro, Greater Dallas Homebuilders Association - opposed - let Development Code work on its own. Steve McNeill, 2303 Bradwood Court, Arlington, 76011 - opposed - has property that would be affected. Eddie Lane, 111 W. McKinney, DeNon, 76201 - opposed-has property that would be affected. Henry Rife, 2248 Stonegate, Denton, 76205 - opposed. Ed Wolski, 2301 Hollyhill, DeNon, 76205 - opposed - requested exemption for projects already in the process. CommeN cards were received from: Pam Grimes, 1829 Northlake Trail, DeNon, 76201 - opposed Virginia McNeill, 432 Fulton, DeNon, 76201 - opposed Additional public hearing speakers included: Audrey Barrow, SENDA - support the proposal. Elise Ridenour, Oak Street, Denton, 76201 - in favor of the proposal. The Mayor closed the public hearing. City of DeNon City Council Minutes November 16, 2004 Page 4 3. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock presemed a proclamation for Leadership Demon Week. 2. Resolution of Appreciation for Gregory Hedges. McNeill motioned, Kamp seconded to approve the Resolution of Appreciation. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. Yard of the Momh Awards Mayor Brock presented Yard of the Month Awards to: Stacy, Angie, Nathan and Nicholas Murray Jane and Dick Boothby Ed and Susan Schoemhal Steve and Andrea Talkington Bob Hay and Mary Messmer Doug Helfrich at the Savannah House The Woody Family-Watersmart The Greenhouse-Business Award C. Recognition of staff accomplishmems City Manager Conduffpresemed staff accomplishmems to the Council. 4. CONSENT AGENDA Mulroy motioned, Kamp seconded to approve the Consem Agenda and accompanying ordinances. On roll vote, Kamp "aye", McNeill "aye", Momgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Approved the minutes of: October 19, 2004 October 20, 2004 October 25, 2004 2004-354 - An ordinance of the City of DeNon, Texas authorizing the expenditure of funds for paymems by the City of DeNon for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of DeNon; and providing an effective date (File 3257 - Electrical Energy Transmission Fees in the total amoum of $613,819). 2004-355 - An ordinance accepting competitive bids by way of an Imerlocal Agreement with U.S. Communities and awarding a contract for the purchase of City of DeNon City Council Minutes November 16, 2004 Page 5 carpet; providing for the expenditure of funds therefor; and providing an effective date (File 3259 - Carpet for Emily Fowler Library and Civic Cemer awarded to Interface Americas, Inc. by way of an Interlocal Agreement in the amount of $58,914.66). Do 2004-356 - An ordinance of the City of DeNon authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governmems (H-GAC) for the acquisition of two new ambulances by way of an Interlocal Agreement with the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (File 3258 - Purchase of Ambulances for Fire Department awarded to Jack Roach Ford in the amoum of $211,550). mo 2004-357 - An ordinance accepting competitive bids and awarding a comract for Childcare Expansion Program for Low-Income Children; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3254 - Childcare Expansion Program for Low-Income Children awarded to DeNon Christian Preschool in the amoum of $30,336). Fo 2004-358 - An ordinance accepting competitive bids and awarding a comract for Daycare Programs for Low-Income Families; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3255 - Daycare Program for Low-Income Children awarded to Fred Moore Day Nursery School, Inc. in the amoum of $39,640). Go 2004-359 - An ordinance authorizing the Mayor to enter into an Interlocal Cooperation Agreemem with DeNon County for library services; and providing an effective date. Ho 2004-360 - An ordinance authorizing the Mayor to enter into an Interlocal Cooperation Agreemem with the City of Irving, City of Carrollton, City of Fort Worth, City of North Richland Hills, City of Plano, City of Frisco, and City of Euless for the sharing of imeractive virtual reference library services; and providing an effective date. 2004-361 - An ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and The Weyer Living Trust; providing an effective date. Jo 2004-362 - An ordinance approving a commercial operator airport lease agreement between the City of Denton and Jet Works Aviation, Inc.; and providing an effective date. Ko 2004-363 - An ordinance authorizing the City Manager or his designee to approve a Right-of-Way Use Agreement with Fairfield Denton Exchange, Ltd. to allow the placemem of security and communication wiring under Cleveland Street approximately 355 feet south of the intersection of West Collins Street and Cleveland Street, and providing an effective date. City of DeNon City Council Minutes November 16, 2004 Page 6 Lo 2004-364 - An ordinance of the City of DeNon, Texas approving and authorizing settlemem of litigation styled Godson Ugwuh vs. City of Denton, et al, Cause No. 2002-41462-362 filed in the 362nd District Court of Denton County; approving the proposed settlement agreement to be dated November 17, 2004; authorizing the City Manager and the City's Attorneys to act on the City's behalf in executing any and all documents, and to take other actions necessary to finalize the settlement and release of claims; and declaring an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 6.1 acres from a Regional Cemer Commercial Neighborhood (RCC-N) zoning district to a Regional Cemer Commercial Dowmown (RCC-D) zoning district. The property was generally located 1,500 feet east of State School Road, on the south side of Imerstate 35. The Planning and Zoning Commission recommended approval (7-0). (Z04-0036, Jim McNatt Automotive) Kelly Carpemer, Director of Planning and Development, stated that this proposal was for an extended use for Jim McNatt Motors. There was no opposition to the case. 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. 2004-365 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 6.1 ACRES OF LAND LOCATED ADJACENT TO THE SOUTH SIDE OF INTERSTATE 35E APPROXIMATELY 1,500 FEET EAST OF STATE SCHOOL ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0036) McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 95.1 acres from a Neighborhood Residemial 2 (NR-2) zoning district to City of DeNon City Council Minutes November 16, 2004 Page 7 a Neighborhood Residemial 3 (NR-3) zoning district with an overlay. The property was generally located on the east side of Bonnie Brae, approximately 750 feet north of Vintage Boulevard. The Planning and Zoning Commission recommended approval (7-0). (Z04-0037, Glenwood Meadows) Kelly Carpemer, Director of Planning and Developmem, stated that the request was to change the zoning to Neighborhood Residemial-3 with an overlay permitting four foot side yard setbacks. The developer had, since the Planning and Zoning Commission meeting, offered to cap the density at 200 single-family dwelling units with the possibility of increasing it to 285 dwelling units if Council approved an alternative environmemally sensitive reclamation of flood plain proposal. Council discussion included: The proposal concemrated homes in a smaller area in order to maimain the green space. The Developmem Code and Comprehensive Plan allowed for density transfer to limit sprawl. The flood plain needed further examination to determine the exact extem. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Mary Bush, represeming the developer, spoke in favor. Council discussed the processes involved with FEMA, the determination of the amoum of acres in the floodplain and the differences between the city figures and the developer's figures. Wally Creal, Holigan Land Developmem, spoke in favor. Council discussed the need for better represemation of the final project in order to consider the proposal. What was available for developmem needed to be known before a decision could be made. The Mayor closed the public hearing. Council cominued discussion: Density transfer - density would diminish the potemial developmem of the site. Access roads in the area included the Vintage Road and the consideration that the proposal would add to congestion to the area. Past practice had been to return a proposal to the Planning and Zoning Commission when there was a unanimous vote from the Commission that appeared to not be the direction the Council was heading. If the proposal were voted down would the petitioner have to wait a year to resubmit the proposal-yes if it were the same zoning proposal. City of Demon City Council Minutes November 16, 2004 Page 8 Suggest tabling the item umil the flood plain and density questions were answered. Mayor motioned, Mulroy seconded to deny the request. Montgomery motioned, McNeill seconded to table the proposal until information was received from FEMA on how many flood plain acres were involved. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "nay", Redmon "aye", Thomson "nay" and Mayor Brock "nay". Motion carried with a 4-3 vote. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance authorizing the City Manager or his designee to execute a Real Estate Contract for the acquisition of approximately 88.56 acres by purchase, and approximately 34.89 acres by donation, for a Public Safety Training Facility, Park, and other future public amenities located at the southwest corner of Vintage Boulevard and Bonnie Brae Street, said tracts being a part of the James Edmondson Survey, Abstract No. 401, as described in the Deed to Denton-CJW Partners, Ltd., Recorded in Clerks Document No. 98- R0038601, Deed Records, Demon County, Texas; authorizing the expenditure of funds, and declaring an effective date. The following ordinance was considered: NO. 2004-366 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A REAL ESTATE CONTRACT FOR THE ACQUISITION OF APPROXIMATELY 88.56 ACRES BY PURCHASE, AND APPROXIMATELY 34.89 ACRES BY DONATION, FOR A PUBLIC SAFETY TRAINING FACILITY, PARK, AND OTHER FUTURE PUBLIC AMENITIES LOCATED AT THE SOUTHWEST CORNER OF VINTAGE BOULEVARD AND BONNIE BRAE STREET, SAID TRACTS BEING A PART OF THE JAMES EDMONDSON SURVEY, ABSTRACT NO. 401, AS DESCRIBED IN THE DEED TO DENTON-CJW PARTNERS, LTD., RECORDED IN CLERKS DOCUMENT NO. 98-R0038601, DEED RECORDS, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS, AND DECLARING AN EFFECTIVE DATE. Montgomery motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance by the City Council of the City of Demon, Texas, calling an election to be held within said City on the question of the issuance of Ad Valorem Tax Supported Public Securities; making provision for the conduct of the election; and containing other provisions incidental thereto; and declaring an effective date. The following ordinance was considered: City of DeNon City Council Minutes November 16, 2004 Page 9 NO. 2004-367 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING AN ELECTION TO BE HELD WITHIN SAID CITY ON THE QUESTION OF THE ISSUANCE OF AD VALOREM TAX SUPPORTED PUBLIC SECURITIES; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDENTAL THERETO; AND DECLARING AN EFFECTIVE DATE Kamp "aye", "aye". motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock Motion carried unanimously. C. The Council considered approval of a resolution nominating members to the Appraisal Review Board of the DeNon Cemral Appraisal District; and declaring an effective date. Mayor Pro Tem McNeill nominated George Gibson. Council Member Momgomery nominated David Riley. The following resolution was considered: NO. R2004-053 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Redmon motioned, Kamp seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered nominations/appoimmems to the City's Boards and Commissions. Montgomery motioned, McNeill seconded to approve the nomination of Tom Wood to the Historic Landmark Commission. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council Member Thomson nominated Ann Barnett to the Traffic Safety Commission. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Cymhia Cochran regarding high utility bills. City of Demon City Council Minutes November 16, 2004 Page 10 Ms. Cochran stated that her utility bill was too high and she could not determine why. She questioned why another utility company could not be available in Demon. B. Nell Yeldell regarding Verizon telephone service and the high cost of utilities. Ms. Yeldell was not present at the meeting. F. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Redmon requested a memo on the security measures that will be in effect during the holiday for shopping areas. 2. Council Member Redmon requested information on customer service billing prior to the holidays. G. Items from the City Manager City Manager Conduff did not have any items for Council. H. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Brock announced that Council would continue the Closed Meeting with items listed at the beginning of the meeting. I. 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. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK MAYOR CITY OF DENTON, TEXAS