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Minutes July 26, 2005 CITY OF DENTON CITY COUNCIL MINUTES July 26, 2005 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 26, 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 Council convened in a Closed Session to consider the following: 1. Closed Meeting: A. Consultation with Attorney ? Under Tex. Gov't Code 551.071 1. Discussed with the City's attorneys legal issues associated with the request of JNC Partners Denton, LLC, to consent to the creation of a Water Control District at the Craver Ranch, located within the City's extraterritorial jurisdiction where to discuss these legal issues concerning the above stated matters with attorneys 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 and would jeopardize the City?s position in administrative proceedings or in potential litigation. Following the completion of the Closed Session, Council continued with the Work Session. 1. The Council received a report, held a discussion, and gave staff direction regarding a Denton County offer to collect taxes. Diana Ortiz, Director of Fiscal Operations, indicated that the Denton County Tax Office had offered to perform tax billing and collection services for the City. The costs and benefits associated with this offer were reviewed and were outlined in the agenda materials. The comparative information provided included any customer service impact to the City taxpayers, collection reporting and administrative practices as well as cost of operations. In the area of citizen impact, it was noted that city collections were varied and provided greater avenues of convenience with taxes collected at City Hall East, City Hall in the Mall, a kiosk lockbox, the City?s website and integrated voice response. Denton County had limited collections with only one office. The City?s tax office did not close for tax roll processing and closed for 9 holidays during the year while Denton County closed 3-4 weeks for tax roll processing and closed for 12 holidays. The City?s tax system was user friendly and allowed for an imaging module, on demand reporting, and statements prepared by city staff. Current statements were mailed October 1, delinquent statements were mailed February and May and the City?s website provided a 7 year rd tax history. The County system was an older batch system with statements prepared by a 3 party vendor. Current County statements were mailed at the end of October and provided no historical data. In the area of organizational impact, the City?s current system allowed for critical data analysis for drainage fee calculations, police 911, Building Inspections, permitting, utility billing, legislative impact, GIS, and those operations with a need for real-time data. In the area of financial impact, the City currently controlled costs and had established cashiering/customer services. A segregated bill from the County and DISD tax statement might City of Denton City Council Minutes July 26, 2005 Page 2 be more advantageous to the City. The biggest impact would be the reduction in customer service and unavailability of updated information for citizens, businesses and other city departments for minimal savings. Council discussion included: The numbers were close but there were also other factors to take into consideration. The County passed on a 3% charge for credit card usage to customers while the City absorbed 1% instead of charging citizens. A combined bill might be better as it would show that city taxes were much less than the DISD. If the County offer were accepted, what effect would that have on the number of city employees? The workload would be reduced if the County processed the tax statements but one-person full time person would be required to provide reports and calculate analysis data for city use. The issue was raised for a fiscal situation, as Denton was the only city in the county to collect its own taxes. A question to consider was why would this be so good for the county. The level of service provided by the City was an important issue. The Tax Assessor position in the County was an elected position, which might be a factor for future consideration. Consensus of the Council was to continue the discussion during the budget review if there were interest on the part of the Council. 2. The Council received a report, held a discussion, and gave staff direction regarding proposed changes to Chapter 6, Section 27 of the City of Denton Code of Ordinances dealing with livestock. Lt. Scott Fletcher, Denton Police Department, stated that as the city continued to grow and develop, new housing developments were being placed on or near to areas that had traditionally been used as pasture land for livestock. There was an increasing amount of conflict concerning the housing of livestock in the vicinity of these new developments. There were three primary regulation areas dealing with livestock. (1) The Development Code ? properties in every zoning category contained a ?limitation 7? which addressed the keeping of livestock. (2) City ordinances - specified spacing requirements to keep livestock within the city limits. (3) Case law - defined the pen, stable or enclosure of livestock. Conflicts with these three rulings included applicability of space requirements and designation of equestrian development. There was no industry standard. Suggested new regulations included the removal of the distance requirements for livestock other than swine, the requirement of a 1-acre minimum lot size with two head of livestock allowed on the one-acre lot and one additional head per acre. The current distance requirements for swine would be maintained. These requirements would impact only 8% of the total parcels in Denton. An additional requirement would be the annual registration of livestock with the Animal Services Division. There would be no fee associated with the registration but would allow Animal Services personnel to inspect property on a complaint basis. It would be an City of Denton City Council Minutes July 26, 2005 Page 3 ordinance violation to not register livestock. This proposal would result in clarification of regulations, improve tracking of animals and provide a better position to track complaints. Consensus of the Council was to proceed with the proposal. 3. The Council received a presentation on the potential applicability of Bioreactor Technology at the City of Denton landfill. Information was provided on the projected capital and operational costs. This item was not considered. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for July 26, 2005. Regular Meeting of the City of Denton City Council on Tuesday, July 26, 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 There were no proclamations/awards presented at this meeting. B. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments. 3. CONSENT AGENDA Mayor Brock indicated that Item N would be considered separately. Thomson motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolution with the exception of Item N. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. Item N was considered. Mayor Brock nominated Charles Guarnaccia to the Traffic Safety Commission. Mayor motioned, Mulroy seconded to approve all nominations as presented. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. City of Denton City Council Minutes July 26, 2005 Page 4 A. 2005-196 - An ordinance providing for the sale of real property located at 634 E. Prairie Street as a part of the City?s Infill New Construction Program for affordable housing for sale to low-moderate income buyers; and providing for an effective date. B. 2005-197 - An ordinance of the City of Denton, Texas approving an agreement between the City of Denton and the Denton Record Chronicle; approving the expenditure of funds for the purchase of legal advertising services available from only one source in accordance with the provisions of the State law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3362 ? Agreement with the Denton Record Chronicle in the amount of $8.00 per column inch for an estimated award of $33,000). C. 2005-198 - An ordinance approving the expenditure of funds for the purchase of the Caterpillar Computer Aided Earthmoving System (CAES) software package 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 3363 ? Purchase of a Computer Aided Earthmoving System to Holt CAT in the amount of $74,620). The Public Utilities Board recommended approval (5-0). D. 2005-199 - An ordinance of the City of Denton accepting competitive bids and awarding a three year contract for traffic signal construction for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3340 ? Three Year Contract for Traffic Signal Construction awarded to lowest responsible bidder, Durable Specialties, Inc., in the annual estimated amount of $100,000). E. 2005-200 - An ordinance of the City of Denton accepting competitive bids and awarding a contract for galvanized steel structures for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3323 ? Galvanized Steel Structures for Hickory Substation awarded to lowest responsible bidder, LeHigh Utility Associates, Inc., in the amount of $66,616). The Public Utilities Board recommended approval (5-0). F. 2005-201 - An ordinance of the City of Denton, Texas, providing for the renaming of certain sections of West Prairie Street, Avenue A and Chestnut Streets which run adjacent to the UNT Parking Garage, Baptist Student Union and University Union to ?Union Circle? with a street address designation of ?One Union Circle?, providing for an effective date. The Historic Landmark Commission recommended approval. G. R2005-028 - A resolution of intent of the City of Denton, Texas, to enter into an interlocal cooperation agreement for the sale and purchase of assets related to LINK Public Transportation Service from the City of Denton to the Denton County Transportation Authority; and providing an effective date. City of Denton City Council Minutes July 26, 2005 Page 5 H. 2005-202 - An ordinance approving an assignment of a gas well surface use agreement at the Denton Municipal Airport between the City of Denton, Texas and Dan A. Hughes Company, LLC as Assignor and Stroud Energy; Ltd. As assignee; and providing an effective date. The Airport Advisory Board recommended approval (6-0). I. 2005-203 - An ordinance approving an Alternative Development Plan for approximately 30 acres located in Neighborhood Residential Mixed Use (NRMU) zoning district. The proposed site is generally located east of Nottingham Drive, between University Drive and Mingo Road. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommended approval (5-0). (ADP05-0003, Denton Bible Church) J. 2005-204 - An ordinance authorizing the City Manager to execute a professional services agreement with R.J. Covington Consulting, LLC for consulting services relating to Task Order No. 05-F; providing for services related to final completion of the transmission cost of service case before the Public Utilities Commission of Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (5-0). K. 2005-205 - An ordinance authorizing the City Manager to execute a Water Main Pro-Rata Reimbursement Agreement between the City of Denton, Texas and Pat Powell for reimbursement of the costs of building a water main, through pro-rata charges paid to the City; authorizing the transfer of funds pursuant to the agreement; and providing an effective date. The Public Utilities Board recommended approval (5-0). L. 2005-206 - An ordinance approving a Right-Of-Way Use and Encroachment Agreement between the City of Denton and the University of North Texas to allow boring under existing City public utility easements and public right-of-way that will accommodate the installation of Electric Facilities between University of North Texas properties located on the east and west sides of Bonnie Brae Street; and providing an effective date. M. 2005-207 - An ordinance approving a Real Estate Contract by and between Aaron Baltazar, Ltd., a Limited Partnership, as seller, and the City of Denton, Texas, as Purchaser, regarding a 1.46 acre tract of land located in the T. Toby Abstract No. 1288, City of Denton, Denton County, Texas, and being shown as Lot B, Block C, of the La Hacienda Heights, Phase I Final Plat, authorizing the expenditure of funds and providing an effective date thereof. The Public Utilities Board recommended approval (5-0). N. Approved appointments to the following boards and commissions: 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Construction Advisory and Appeals Board City of Denton City Council Minutes July 26, 2005 Page 6 5. Historic Landmark Commission 6. Human Services Advisory Committee 7. Library Board 8. Parks, Recreation and Beautification Board 9. Planning and Zoning Commission 10. Public Utilities Board 11. Traffic Safety Commission 12. Zoning Board of Adjustment 4. PUBLIC HEARINGS A. The Council held the second 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, reviewed the area to be considered for annexation and the land use of the surrounding properties. A neighborhood meeting had been held the prior evening and a potential compromise had been suggested. County Commissioner White indicated that she would be interested in surveying affected residents to determine a level of support for the closure of Mingo and Collins if the annexation did not proceed. Tonight was a public hearing regarding the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Walter Laney, 1953 Collins Road, Denton, 76208 - in favor of the compromise. Deborah Ragstad, 6383 Fishtrap Road, Denton, 76208 - not opposed to closing crossing ? in favor of compromise if City paid for the dead end road. Darlene Collins, 2078 Collins, Denton, 76208 ? in favor of the compromise. Robert Collins, 2316 Collins, Denton, 76208 ? against the annexation. Jerry Collins, 2286 Collins, Denton, 76208 ? need regulations on cement plant but have to have a corridor to the area -consider other options for reaching the cement plant. Kevin Bradshaw, 2052 Collins Denton, 76208 ? in favor of the compromise. Mike Brucia, 3140 N. Trinity, Denton, 76208 ? in favor of the compromise. Richard Rodstead, Fishtrap Road, Denton, 76208 - opposed to proposed annexation. Dessie Goodson, 1511 North Elm, Denton, 76201 - opposed to annexation. Donald Massey, Collins Road, Denton, 76208 - against the annexation. Curtis Collins - opposed to the annexation. Floyd Meaker - opposed to the annexation and the closing of Collins Road. The Mayor closed the public hearing indicating that no action would be taken at this meeting. Council asked for a clarification on the issues and the proposed compromise. City of Denton City Council Minutes July 26, 2005 Page 7 Carpenter stated that Collins Road would be closed at Mingo Road in order to accommodate the Railroad crossing exchange. The City would not pursue the annexation agreement on a time frame basis. Commissioner White would poll the area residents and based on that result would indicate whether or not she would support the compromise. A compromise was not finalized at that meeting. B. The Council held a public hearing and considered adoption of an ordinance granting approval of a Public Utility and Drainage Easement of 0.081 acres for a subsurface use of a portion of the Denton Branch Rail Trail near Mile Post 724.8 for the purpose of a wastewater and stormwater sewer pipeline in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an easement; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (5-0). Bob Tickner, Superintendent of Parks and Recreation, stated that Providence Place Apartments had requested the use of parkland in order to locate a stormwater and wastewater pipeline across the Denton Branch Rail Trail as part of a future expansion. As far as the trail was concerned, there would be no negative impact to the trail as this would be a subsurface use of the property. A restriction on the request was that it would have to meet all railroad standards for future reuse of the rail line. The Mayor opened the public hearing. The following individual spoke during the public hearing: Robert Donnelly, 3900 Quail Creek Road, Denton, 76208 - opposed to the proposal as the stormwater runoff would flood the creek on his property. The Mayor closed the public hearing. City Manager Conduff stated that there were associated issues on where the City?s transmission lines connected in this area. It was within the Council?s ability to delay action on this item pending further analysis on the issues raised. McNeill motioned, Kamp seconded to table the item for a reasonable amount of time to allow further evaluation of the request. 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 approval of a resolution nominating a member to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Diana Ortiz, Director of Fiscal Operations, stated that the Denton Central Appraisal District notified the City of a vacancy on the Board of Directors. One member will be moving and the Board was requesting nominations to fill this vacancy and complete the term. City of Denton City Council Minutes July 26, 2005 Page 8 Council did not have any nominations at this time and requested the item be placed on a future agenda. B. The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Settlement Letter Agreement with TXU Electric Delivery accepting the settlement between TXU Electric Delivery and the Steering Committee of cities served by TXU Electric Delivery; and providing an effective date. Mayor Brock left the meeting with a conflict of interest. Consulting Assistant City Attorney Prouty stated that this ordinance would authorize acceptance of the settlement letter agreement offered by TXU. The following ordinance was considered: NO. 2005-208 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT LETTER AGREEMENT WITH TXU ELECTRIC DELIVERY ACCEPTING THE SETTLEMENT BETWEEN TXU ELECTRIC DELIVERY AND THE STEERING COMMITTEE OF CITIES SERVED BY TXU ELECTRIC DELIVERY; AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, and Thomson ?aye?. Motion carried unanimously. Mayor Brock returned to the meeting. C. New Business There were no items of New Business suggested by Council for future agendas. D. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of a Closed Session. F. 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 Session items. City of Denton City Council Minutes July 26, 2005 Page 9 With no further business, the meeting was adjourned at 7:37 p.m. _____________________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS _____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS