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Minutes July 19, 2005 CITY OF DENTON CITY COUNCIL MINUTES July 19, 2005 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 19, 2005 at 4:00 p.m in the Council Work Session Room at City Hall. . PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction on an ordinance to amend the Development Review Fee Schedule for minor amendments to planning application fees. Kelly Carpenter, Director of Planning and Development, stated that the last major overhaul of the development review fee schedule, with the exception of the new engineering fees, was done in 1999. The proposed amendments aimed to capture fees for applications for which there were no specific items on the fee schedule and for consistency in notification fees. The first amendment dealt with fees for processing and reviewing that were not shown on the current fee table. The second dealt with fees for notifications to achieve consistency. The third amendment dealt with deleted fees that were based on an interim ordinance that was no longer in place. The fourth amendment dealt with right-of-way fees. A new fee for all reviews beyond the first two was the fifth amendment and was added to track the engineering review process. Staff would continue to evaluate the current fee structure with cost of service data being collected and evaluate that information to determine if additional fee increases were warranted. Council discussed the individuals who would have to pay the increased fees, tree mitigation and gas well plats. It was suggested that it might be premature to start collecting the ESA fee as there might be a need to further refine the maps before starting to charge that fee. Consensus of the Council was to have the Committee on the Environment review the fees before instituting the charge. 2. The Council received a report, held a discussion, and gave staff direction regarding the potential release of approximately 6.32 acres of the City of Denton's extra-territorial jurisdiction (ETJ) to the City of Corinth. (SI05-0016, Corinth ETJ Release Request) Kelly Carpenter, Director of Planning and Development, stated that the City of Corinth had passed two resolutions requesting the release of approximately 6.32 acres of land located in Denton?s Division II ETJ and enter into an unconditional joint resolution regarding the acreage. The developer of the property would like to have Corinth utilities and emergency services for the area. Council discussion included: How Denton would reach the property to annex it. It would be difficult to get water/sewer to the area from Denton. Only four acres were developable out of the 6.32 acres due to floodplain land. If Denton didn?t release the property and started annexation, when would services be provided? An estimate was 20-30 years for services. City of Denton City Council Minutes July 19, 2005 Page 2 Consensus of the Council was to postpone a decision until after the Work Session discussion on annexation issues. There might be the possibility of exchanging property to the north with Corinth for this property. 3. The Council received a report, held a discussion and gave staff direction regarding proposed amendments to the Development Code related to infill development regulations. (S05- 0013, Infill Development Regulations) Kelly Carpenter, Director of Planning and Development, stated that in 2004 staff made an extensive presentation to Council regarding infill. Direction from Council at that time was to bring back a set of infill regulations that could be put in the Development Code. Recommended changes included creating an infill and redevelopment zone that would apply to all developments, building structures and lots in neighborhood residential, downtown residential and downtown core zoning that were less than or equal to 6 lots but no greater than 2 acres. She reviewed the potential infill zone. Council discussion included: In the past there seemed to be an idea that property within the inner core of a city had less value than areas in the outer core. This was a wrong idea as the inner areas were just as valuable or even more valuable. New infill development could raise the value of surrounding properties. The purpose of infill was to raise not lower the standards of the infill development but there needed to be some administrative relief as the Code was written for green fields. The intent was not to lower the standards but to lower the administrative standards to help a developer. A question was how to get developers to come do infill and then present them with the standards for that development. If regulations were too demanding developers would not come to an area. The purpose of the new infill chapter was to relieve the administrative burden to accomplish the request. It was hard to design a standard where one standard fit all areas. Was there a mechanism in place to encourage infill throughout Denton? At this time, there was really no good set of incentive tools in place. The current incentives included waiver of certain fees. Carpenter reviewed the proposed standards for home characteristics such a garages; height; scale and proportion; development standards; façade standards; and street frontage. Council discussion: One method for development would be to concentrate on developing a small new neighborhood that would agree with the developer and neighbors. Work with small parcels with undesirable structures or vacant property. City of Denton City Council Minutes July 19, 2005 Page 3 City Manager Conduff stated that it was hard to write site -specific standards. The basic philosophy seemed to be to make the process easier that would upgrade the neighborhood but still was site specific. He suggested forming a group to look at infill on a case-by-case basis to help with design standards on each site. A suggestion was made to have a base set of regulations and offer incentives to raise those standards. The committee could approve the process to get incentives. Consensus of the Council was to continue with an administrative relief program, develop a set of incentives with a committee and develop design improvements for incentives with rewards such a tax abatement or tiff incentives. City Manager Conduff stated that staff would begin drafting an ordinance that would encompass relief requirements with a menu of incentives. The ordinance would start with administrative relief and proceed to incentives with committee formation. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for July 19, 2005. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below. 1. Council considered the following in Closed Meeting: A. Personnel Matters ? Under TEXAS GOVERNMENT CODE Section 551.074 1. Discussed and deliberated the duties, employment, and appointment of the City Attorney. Regular Meeting of the City of Denton City Council on Tuesday, July 19, 2005 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock presented a proclamation for Parks and Recreation Month. B. July Yard-of-the-Month Awards Mayor Brock presented Yard of the Month awards to: City of Denton City Council Minutes July 19, 2005 Page 4 Don and Marty Dyal Alice Gore In Memory of Dr. Kenneth and Anna Wright The Sakyi-Addo Family Jeff Hyde and Doug Crumley Anne Remme Goolsby Chapel: UNT Campus ? Water Smart Kingdom Hall of Jehovah?s Witnesses ? Windsor Drive ? Business C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council and audience. 3. CONSENT AGENDA Mulroy motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. A. 2005-185 - An ordinance accepting competitive bids and awarding a three-year contract for the purchase of electrical secondary connection pedestals for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3347 ? Three-Year Agreement for Purchase of Electrical Secondary Connection Pedestals awarded to the lowest responsible bidder for each item, Priester Supply, in the annual estimated amount of $30,000). The Public Utilities Board recommended approval, (5-0). B. 2005-186 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of Polymer Concrete Transformer Pads for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3348 ? Three Year Agreement for Purchase of Polymer Concrete Transformer Pads awarded to the lowest responsible bidder for each item in the annual estimated amount of $26,000). The Public Utilities Board recommends approval, (5-0). C. 2005-187 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with Jamail Construction Company for the design/build of a replacement landfill scale house in an amount not to exceed $296, 438. The Public Utilities Board recommends approval (4-0). D. 2005-188 - An ordinance of the City of Denton accepting competitive bids and awarding a contract for the purchase of two 10,000 gallon above ground fuel storage tanks for the Solid Waste Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3343 ? 10,000 Gallon ConVault Above Ground Fuel Storage Tank awarded to Holloway Welding and Piping Company in the amount of $71,152). The Public Utilities Board recommends approval, (5-0). City of Denton City Council Minutes July 19, 2005 Page 5 E. 2005-189 - An ordinance authorizing an agreement between the City of Denton and the Federal Aviation Administration providing a land site and space for the Automated Surface Observation System; and providing an effective date. The Airport Advisory Board recommends approval (7-0). F. 2005-190 - An ordinance approving a fourth amendment to an agreement between the City of Denton, Texas and the Greater Denton Arts Council dated October 15, 1990, authorizing the City Manager to execute a fourth amended agreement approving the expenditure of funds therefor; and providing for an effective date. G. This item was not considered. H. Approved the minutes of: June 7, 2005 June 14, 2005 June 21, 2005 June 22, 2005 June 22, 2005 ? DISD joint meeting 4. PUBLIC HEARINGS A. The Council held the first of two public hearings to consider annexing approximately 244 acres into the corporate city limits of the City of Denton, Texas. The property was generally located south of Mingo Road and both sides of Collins Road in the eastern section of the City of Denton Extraterritorial Jurisdiction (ETJ). (A05-0001, Ash Grove Cement Distribution Center) Kelly Carpenter, Director of Planning and Development, stated that this was a proposal to annex 244 acres with 22 parcels included in the annexation. This was an involuntary annexation for the AshGrove Cement distribution site and intervening properties. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Lad Bedner, 6335 Fishtrap Road, Denton, 76208 - did not get a notice of the proposal, difficult to find out where and when meeting would take place; against the annexation Darlene Collins, 2078 Collins Road, Denton, 76208 ? against the annexation Jerry Collins, 2286 Collins Road, Denton, 76208 ? against the annexation Carolyn Bedner, 6335 Fishtrap Road, Denton, 76208 ? did not get a notice of the proposal, against the annexation Walter Laney, 1953 Collins Road, Denton, 76201 ? against the annexation Robert Collins, 2286 Collins Road, Denton, 76208 - against the annexation Kevin Bradshaw, 2025 Collins Road, Denton, 76208 ? against the annexation Tommy Collins, 2069 Collins Denton, 76208 ? against the annexation and closing of the railroad crossing The Mayor closed the public hearing. No action was required at this meeting. City of Denton City Council Minutes July 19, 2005 Page 6 B. The Council held a public hearing and considered the adoption of an ordinance rezoning of approximately 4.5 acres from Neighborhood Residential 6 (NR-6) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district. The property was generally located at the northeast corner of Fort Worth Drive, Country Club Road and Hobson Road. The Planning and Zoning Commission recommended approval (7-0). (Z05-0009, Villas of Forest Glen Phase 2) Kelly Carpenter, Director of Planning and Development, stated that the applicant had requested the rezoning of the property to an NRMU zoning district from the existing NR-6. 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. 2005-191 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 4.50 ACRES FROM NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) GENERALLY LOCATED AT THE NORTHEAST CORNER OF FORT WORTH DRIVE, COUNTRY CLUB ROAD AND HOBSON ROAD, A PART OF A TRACT IN THE W. DANIEL SURVEY, ABSTRACT NUMBER 378 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0009) McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of James R. Kirkpatrick, Inc. dba Kirkpatrick Architecture Studio to provide architectural design services for the Fire Station #7; authorizing the expenditure of funds therefor; and providing an effective date (RFP 3324 in an amount not to exceed $250,000). Ross Chadwick, Fire Chief, stated that he would address both Items A and B. He presented an overview of both proposals. City of Denton City Council Minutes July 19, 2005 Page 7 The following ordinance was considered: NO. 2005-192 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF JAMES R. KIRKPATRICK, INC. DBA KIRKPATRICK ARCHITECTURE STUDIO TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR THE FIRE STATION #7; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of James R. Kirkpatrick, Inc. dba Kirkpatrick Architecture Studio to provide planning, design, and professional services for the City of Denton Public Safety Training Facility Master Plan; authorizing the expenditure of funds therefor; and providing an effective date (RFP 3324 in an amount not to exceed $205,500). The following ordinance was considered: NO. 2005-193 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF JAMES R. KIRKPATRICK, INC. DBA KIRKPATRICK ARCHITECTURE STUDIO TO PROVIDE PLANNING, DESIGN, AND PROFESSIONAL SERVICES FOR THE CITY OF DENTON PUBLIC SAFETY TRAINING FACILITY MASTER PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. C. The Council considered adoption of an ordinance approving the expenditure of funds for the purchase of video cameras and controllers for the City of Denton Traffic Control Department; available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3357 ? Purchase of Video Cameras/Controllers for Traffic Signals to Paradigm Traffic Systems, Inc. in the amount of $131,952.80). Jim Coulter, Director of Water/Wastewater, stated that this equipment was part of the Highway 380 widening project. The video cameras would be used for automatic control of the intersections and would replace the loop technology for transition of the signals. City of Denton City Council Minutes July 19, 2005 Page 8 The following ordinance was considered: NO. 2005-194 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF VIDEO CAMERAS AND CONTROLLERS FOR THE CITY OF DENTON TRAFFIC CONTROL DEPARTMENT; AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. D. The Council considered adoption of an ordinance appointing Edwin M. Snyder as City Attorney and approving an employment agreement and authorizing the Mayor to execute this Employment Agreement employing Edwin M. Snyder as City Attorney of the City of Denton, Texas; setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date. The following ordinance was considered: NO. 2005-195 AN ORDINANCE APPOINTING EDWIN M. SNYDER AS CITY ATTORNEY AND APPROVING AN EMPLOYMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THIS EMPLOYMENT AGREEMENT EMPLOYING EDWIN M. SNYDER AS CITY ATTORNEY OF THE CITY OF DENTON, TEXAS; SETTING THE COMPENSATION AND TERMS OF THAT EMPLOYMENT; AUTHORIZING EXPENDITURES AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Received citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. B. Peternia Washington regarding Moxie and Pruddie Kinney. Ms. Washington was not present at the meeting. City of Denton City Council Minutes July 19, 2005 Page 9 F. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Mulroy requested staff investigate the best way to communicate with the proposed annexation residents. 2. Mayor Brock proposed field trips to Farmers Branch and Richardson to look at infill development. G. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manger Conduff did not have any items for Council. H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed 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 at 7:47 p.m. _____________________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS _____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS