Minutes May 24, 2005
CITY OF DENTON CITY COUNCIL MINUTES
May 24, 2005
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Tuesday, May 24, 2005 at 11 :30 a.m. in the City Council Chambers of City Hall.
PRESENT:
Mayor Brock:; Mayor Pro Tern McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT:
Council Member Redmon
1. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton Certificates of Obligation, Series 2005; approving and authorizing
instruments and procedures relating thereto; and providing an effective date.
David Medanich, First Southwest Company, stated that the group of RCB Dain Rauscher,
SAMCO Capital Mark:ets, Estrada Hinojosa and Co., Inc. and First Albany Corporation
submitted the lowest bid with an interest rate of 4.07%. He recommended awarding the bid to
that group.
The following ordinance was considered:
NO. 2005-134
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 2005; APPROVING
AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING
THERETO; AND PROVIDING AN EFFECTIVE DATE
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "aye". Motion
carried unanimously.
2. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton General Obligation Bonds, Series 2005; levying the tax to pay same;
approving and authorizing instruments and procedures relating thereto; and providing an
effective date.
David Medanich, First Southwest Corporation, stated that the group of RCB Dain Rauscher,
SAMCO Capital Mark:ets, Estrada Hinojosa and Co., Inc. and First Albany Corporation
submitted the lowest bid with an interest rate of 4.187%. He recommended awarding the bid to
that group.
The following ordinance was considered:
NO. 2005-135
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 2005; LEVYING
THE TAX TO PAY SAME; APPROVING AND AUTHORIZING INSTRUMENTS
City of Denton City Council Minutes
May 24, 2005
Page 2
AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE
DATE.
Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye",
McN eill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "aye".
Motion carried unanimously.
3. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton Utility System Revenue Refunding Bonds, Series 2005, approving
and authorizing instruments and procedures relating thereto; and providing an effective date.
David Medanich, First Southwest Corporation, stated that the group of RCB Dain Rauscher,
SAMCO Capital Mark:ets, Estrada Hinojosa and Co., Inc. and First Albany Corporation
submitted the lowest bid with an interest rate of 5.7%. He recommended awarding the bid to that
group.
The following ordinance was considered:
NO. 2005-136
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES
2005, APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELA TING THERETO; AND PROVIDING AN EFFECTIVE DATE
McN eill motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye",
McN eill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock: "aye".
Motion carried unanimously.
With no further business, the Special Called Meeting was adjourned at 11 :45 a.m.
After determining that a quorum was present, the City Council convened in a Special Called
Work: Session on Tuesday, May 24, 2005 at 4:00 p.m. in the Council Work: Session Room at City
Hall.
PRESENT:
Mayor Brock:; Mayor Pro Tern McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT:
Council Member Redmon
1. The Council received a report, held a discussion, and gave staff direction regarding a
letter to the Denton County Judge and Commissioners Court on Fire and Emergency Medical
Services (EMS) funding.
Ross Chadwick:, Fire Chief, stated that on February 1 st Council had discussed small city and
county contracts for EMS and fire services. At that time, Council agreed to approve those
contracts but ask:ed for further information regarding revenues for the contracts. On March 22nd
Council had a discussion regarding county funding in general and again discussed county
City of Denton City Council Minutes
May 24, 2005
Page 3
funding for EMS and fire services. Council directed staff to draft a letter to Commissioners
Court for Council approval relative to fees for EMS/fire services. A proposed letter for Council
consideration had been drafted. Chadwick: presented information on county EMS funding in
regards to ambulance runs. He indicated that there were 13 cities in Denton County that received
funding for EMS services that were not provided.
Council Member Redmon arrived at the meeting.
Chadwick: continued with current city concerns regarding the county funding that included the
fact that the County directly benefited from the current program; the city costs continued to rise
with no county increase in reimbursement; and that the city residents subsidized the county
funding for services they did not receive. The County was only reimbursing approximately half
of the cost to the City on EMS calls. On the Fire side, the City again did not receive
reimbursement to equal costs. Contracts were delayed and always behind. Staff was requesting
direction on whether or not to proceed with a letter to the County.
Council discussion included:
.
Include in the wording of the letter the fact that the County rural area was decreasing and
that cities received funding for services not performed.
List all of the names of the Commissioners in the letter and indicate that the letter was
from all of the Council.
Consider placing this item on an upcoming Commissioners Court agenda to mak:e this
same presentation to them.
A letter might be a good first step and then meet with the Commissioners relative to these
.
Issues.
Consider alternatives such as if Plan A didn't help what would be the City's choices -
continue as currently doing, ask: for a phased in increase over a period of years, or not
provide services at all.
Remove the level of funding from the countywide process and have local taxing districts
administer paying for services received.
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Consensus of the Council was to amend the letter to indicate that the Council would lik:e to have
a discussion with the Commissioners to resolve the issue. This should be done quickJy in order
to work: in conjunction with budget issues.
2. The Council received a report, held a discussion and gave staff direction on multi-family
Texas Bond Projects and Tax Credit Projects.
Kelly Carpenter, Director of Planning and Development Services, stated that within the last
several week:s staff had spok:en to Council on how to process these types of requests for council
support on low income tax credit projects. Council had ask:ed four questions:
1. What was the length of ownership requirements - tax credit benefits would be lost if
the proj ect failed to meet state and federal standards every year for each of the 15
years of compliant period. Properties would then be monitored for an additional 15
years to maintain affordability. Total length of ownership requirement was 30 years.
City of Denton City Council Minutes
May 24, 2005
Page 4
2. What other urban municipalities had more than twice the state average of units per
capita supported by the Tax Credit and Bond Revenue programs - staff provided
several charts in the back:up materials relative to this answer.
3. Had any low-income housing tax credit applications been approved by the other
urban municipalities since the new requirement for municipality approval - staff again
provided charts that identified cities that had approved applications since the 2004
requirement went into effect.
4. Were there conditions that could be placed on these projects and if so what
mechanism could be used to enforce these conditions. - once a municipality gave its
consent for an application, it could not be withdrawn. Enforcement of any site design
standards was the responsibility of the municipality. Denton could require an overlay
district to incorporate specific design standards or a development agreement whereby
the program applicant agreed that if the final site design did not conform to the agreed
standards, the City would withhold all building permits.
Council discussion:
.
There were enough of these types of units in Denton.
Look: at the final outcome before mak:ing a decision. The city was going to have low-
income housing to a certain degree and by Council hearing the cases and by using the
mechanisms that Legal indicated were allowed, Council could ensure and raise the
quality of these types of developments. Denton could not be totally exclusionary to low-
income housing.
Look: at each case on an individual basis.
While Denton could not entirely exclude these developments, Denton did not need to
become a home for low-income people.
Consider a policy with a certain ratio of low-income housing to regular housing as the
population grew.
In favor of hearing individual cases and over time consider developing administrative
brack:ets for these types of developments. These were federally funded tax credits that
would help develop better housing for low-income individuals.
It was the Council's job to help with the best outcome for Denton.
The fundamental question was what was the nature of this community and what was it
becoming without intending to do so.
Look: at the long-range impact on the community and on the schools.
These types of units did not have cheap rent.
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Consensus of the Council was bring forward the one request already received and at the same
time develop a process on how to handle these requests including overlay districts and
development agreements.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for May 24, 2005.
Following the completion of the Work: Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
City of Denton City Council Minutes
May 24, 2005
Page 5
1.
Closed Meeting:
A.
B.
C.
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071
1.
Considered and discussed strategy and status of litigation styled Ortegren,
et ale v. City of Denton, currently pending in the Court of Appeals for the
Second District of Texas.
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071; Deliberations regarding Real Property Under TEXAS
GOVERNMENT CODE Section 551.072; and Deliberations regarding Certain
Public Power Utilities: Competitive Matters - Under TEXAS GOVERNMENT
CODE Section 551.086
1.
Received legal advice from the City Attorney regarding the status and
possible settlement of condemnation proceedings styled City of Denton,
Texas v. the MT Cole Trust, et al; pending in the Probate Court of
Denton County, Texas under Cause No. ED-2003-00489, being an
acquisition of an electric utility easement out of a tract of land owned by
the M. T. Cole Trust Numbers 1, 2, 3, and 4 just south of the Denton
Municipal Airport; and providing an effective date.
Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551.072, Consultation with Attorney - Under TEXAS GOVERNMENT
CODE Section 551.071.
1.
Discussed and deliberated the use and value of certain real property and
appurtenances, thereto, consisting of street right-of-way all owned by the
City of Denton, Texas, being situated throughout the City of Denton,
Texas; relating to Verizon' s fiber optic operations within the City of
Denton, Texas, and the receipt of legal advice from the City's attorneys on
matters in which their professional responsibility to the City Council
regarding real estate matters requires private legal consultation.
Special Called Regular Meeting of the City Council on Tuesday, May 24, 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.
PROCLAMA TIONS/PRESENT A TIONS
A.
Proclamations/Awards
City of Denton City Council Minutes
May 24, 2005
Page 6
Joyce Bombeck:, on behalf of the Texas Municipal Library Directors Association, presented an
Excellence Award to Eva Poole, Director of Libraries.
B.
May Yard-of-the-Month Awards
Mayor Brock: presented the Awards to:
Dr. Myron and Linda Zisman
Suzanne Perry- Coomes
Mrs. Herb Ferrill
Jimmy and Theresa Little
Lloyd and Linda Kinnison
Rudy and Rosemary Rodriguez
Theron Palmer and Elida Tamez - Water Smart
Mulk:ey Mason Funeral Home - Business
C.
Recognition of staff accomplishments
This item was not done.
3.
CONSENT AGENDA
Thomson motioned, McNeill seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye",
Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye". Motion carried
unanimously.
A.
2005-137 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of landscaping and sod replacement services for various
City Departments; providing for the expenditure of funds therefore; and providing
an effective date (Bid 3333 - Annual Contract for Landscaping/Sod Replacement
Services awarded to Classic Landscapes, Inc. in the estimated amount of
$35,000). The Public Utilities Board recommended approval (5-0).
B.
2005-138 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network: for the acquisition of two 25-yard rear-load refuse truck:
bodies by way of an Interlocal Agreement with the City of Denton; and providing
an effective date (File 3337 - Two 25-Yard Rear-Load Refuse Truck: Bodies
awarded to McNeilus Truck: and Manufacturing in the amount of $94,304). The
Public Utilities Board recommended approval (4-0).
C.
2005-139 - An ordinance abandoning and vacating a 0.024 acre down guy
easement recorded in Volume 733, Page 711, Deed Records of Denton County,
Texas, a 0.024 acre down guy easement recorded in Volume 738, Page 751, Deed
Records of Denton County, Texas, a 0.674 acre public utility easement recorded
in Volume 738, Page 754, Deed Records of Denton County, Texas, and 0.674
City of Denton City Council Minutes
May 24, 2005
Page 7
acre public utility easement recorded in Volume 727, Page 899, Deed Records of
Denton County, Texas; and providing an effective date. (Unicorn Lak:e Area SE
of intersection of 1-35 and Windriver Lane)
D.
Approved an exception to the Noise Ordinance for the purpose of the Apollo
Nights Series on the following Sundays: June 19th, June 26th, July 3rd, July 10th,
July 17th, July 24th, and July 31 st from 5 :00 p.m. to 10:00 p.m. The event will be
held in the Fred Moore Park:. The requestor was specifically ask:ing for an
exception to all dates to allow amplified sound on Sunday.
E.
Approved an exception to the Noise Ordinance for amplified sound for a
fundraising rodeo and musical concert to be held at the North Texas Fairgrounds
on June 18, 2005. The exception was specifically requested to extend the hours
from 10:00 p.m. to 12:00 a.m. for amplified sound.
F.
R2005-0 19 - A resolution of the City of Denton, Texas, authorizing the City
Manager to participate with the City of Fort Worth in the development and
submission of a grant application under the United States Department of Housing
and Urban Development Lead-Based Paint Hazard Control Grant; establishing
objectives and projected use of funds and a Lead-Based Paint Hazard Control
Program description required by the Housing and Community Development Act
of 1974, as amended and the National Affordable Housing Act of 1990 as
amended and all other applicable laws; providing for an effective date.
G.
First Reading - An ordinance of the City of Denton, Texas, on first reading,
amending Ordinance No. 2003-239 and Ordinance No. 99-094, which granted a
cable television franchise within the City; providing for an extension to the term
of the franchise agreement between Marcus Cable Associates, L.L.C., dba Charter
Communications and the City, providing for acceptance of the extension by
Marcus Cable Associates, L.L.C., dba Charter Communications, providing a
cumulative clause; providing for a savings clause; providing a severability clause;
providing for engrossment and enrollment; and providing an effective date.
H.
2005-140 - An ordinance authorizing the City Manager of the City of Denton,
Texas to execute a Local Participation Advanced Funding Agreement for an off-
system proj ect related to the implementation of the proposed pedestrian
improvements through Unicorn Lak:e/Sundown Ranch project in the City of
Denton; authorizing the expenditure of funds therefore; and providing an effective
date.
I.
Approved the minutes of:
April 12, 2005
April 19,2005
J.
2005-141 - An ordinance of the City of Denton, Texas amending the fiscal year
2004-2005 Budget and Annual Program of Services of the City of Denton to
allow for an adjustment of sixteen thousand dollars ($16,000); declaring an
emergency; approving the amendment of the CY 2005 Hotel Tax funding
City of Denton City Council Minutes
May 24, 2005
Page 8
agreement with the Denton Chamber of Commerce; providing for publication of
this ordinance; and providing an effective date. The HOT Committee
unanimously recommended approval.
K.
2005-142 - An ordinance approving a settlement of a condemnation proceeding
styled City of Denton, Texas v. the M T Cole Trust, et al; pending in the Probate
Court of Denton County, Texas under Cause No. ED-2003-00489, being an
acquisition of an electric utility easement out of a tract of land owned by the M. T.
Cole Trust Numbers 1, 2, 3, and 4 just south of the Denton Municipal Airport; and
providing an effective date.
4.
PUBLI C HEARINGS
A.
The Council considered the following regarding Granite Point:
1.
Held a public hearing and considered adoption of an ordinance rezoning
approximately 94.2 acres from an Industrial Center Employment (IC-E)
zoning district to an Industrial Center General (I C-G) zoning district. The
property was generally located at the southwest corner of Metro Road and
1-35 West frontage road intersection. The Planning and Zoning
Commission recommended approval (6-0). (205-0004, Granite Point)
Kelly Carpenter, Director of Planning and Development, stated that the first public hearing was
to rezone the property to an I C-G zoning district to allow a distribution center. The Council had
approved a 380 agreement as an economic incentive for the development of a
manufacturing/distribution! office complex on this location. The second public hearing would
approve the creation of a special sign district. Six signs were currently allowed with fifteen
ask:ed for in the proposal. All signs would be code compliant for height, minimum spacing, etc.
The third proposal dealt with an alternative development plan to deviate from the Development
Plan in the areas of outdoor storage; building orientation and materials; minimum stack:ing
distances; excess park:ing; screening from right-of-way view; and street tree requirements.
The Mayor opened the public hearing.
The following individual spok:e during the public hearing:
David Cunningham, Granite Properties, in favor of the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 2005-143
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM AN INDUSTRIAL CENTER EMPLOYMENT (IC-E)
ZONING DISTRICT TO AN INDUSTRIAL CENTER GENERAL (IC-G) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
City of Denton City Council Minutes
May 24, 2005
Page 9
94.2 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER
OF METRO ROAD AND INTERSTATE 35 WEST FRONTAGE ROAD, AND
LEGALLY DESCRIBED AS TRACTS 42, 43, AND 48 OF THE O. BREWSTER
SURVEY AND TRACT 4 OF THE T. DAUGHERTY SURVEY 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. (Z05-0004)
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.
2.
The Council held a public hearing and considered adoption of an
ordinance creating a Special Sign District for the Granite Point
development. The 94.2 acre site was located at the southwest corner of
Metro Road and 1-35 West frontage road intersection. The purpose of the
Special Sign District was to allow signage for a development to deviate
from the requirements of Subchapter 15 of the Development Code relating
to maximum number of ground signs. The Planning and Zoning
Commission recommended approval (6-0). (SD05-0001, Granite Point)
The following ordinance was considered:
NO. 2005-144
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY
DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN
APPROXIMATE 94.2 ACRES OF LAND GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF METRO ROAD AND INTERSTATE 35 WEST
FRONTAGE ROAD AND LEGALLY DESCRIBED AS TRACTS 42, 43, AND 48 OF
THE O. BREWSTER SURVEY AND TRACT 4 OF THE T. DAUGHERTY SURVEY
IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
Kamp 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.
3.
The Council considered adoption of an ordinance concerning an
Alternative Development Plan for approximately 94.2 acres located in an
Industrial Center Employment zoning district. A zoning change for an
Industrial Center General (IC-G) designation had been requested in
association with this application. The proposed site was generally located
at the southwest corner of Metro Road and 1-3 5W intersection. An
office/manufacturing/ distribution complex was proposed. The Planning
and Zoning Commission recommended approval with conditions (6-0).
(ADP05-0002, Granite Point)
City of Denton City Council Minutes
May 24, 2005
Page 10
The following ordinance was considered:
NO. 2005-145
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 94.2 ACRES OF
LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF METRO
ROAD AND INTERSTATE 35 WEST FRONTAGE ROAD, WITHIN AN
INDUSTRIAL CENTER EMPLOYMENT (IC-G) ZONING DISTRICT, AND
LEGALLY DESCRIBED AS TRACTS 42, 43, AND 48 OF THE O. BREWSTER
SURVEY AND TRACT 4 OF THE T. DAUGHERTY SURVEY 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. (ADP05-0002)
Mulroy motioned, Kamp 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 Lot 8 of Collins Addition from Neighborhood Residential (NR-3)
zoning district to Neighborhood Residential (NR -6) zoning district. The property
was located approximately 100 feet north of Grace Temple Avenue, to the east of
Fulton Street. The Planning and Zoning Commission recommended approval (4-
2). (205-0001, 412 Fulton)
Kelly Carpenter, Director of Planning and Development, presented details of the proposal. The
applicant was requesting to rezone the property to neighborhood residential 6 zoning district in
order to build a duplex on the subject property. The neighborhood residential 3 zoning district,
the current zoning of the property, did not allow for a duplex.
The Mayor opened the public hearing.
The following individual spok:e during the public hearing:
Eric Schmitz, developer - in favor of the proposal.
The Mayor closed the public hearing.
Council discussed the current mak:eup of the neighborhood and whether or not a duplex on the
site would be appropriate.
The following ordinance was considered:
NO. 2005-146
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING
City of Denton City Council Minutes
May 24, 2005
Page 11
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL 6(NR-6) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 0.15 ACRES OF LAND GENERALLY
LOCATED APPROXIMATELY 100 FEET NORTH OF GRACE TEMPLE AVENUE,
TO THE EAST OF FULTON STREET AND LEGALLY DESCRIBED AS LOT 8 OF
THE COLLINS ADDITION, AN ADDITION TO 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. (Z05-0001)
McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "nay" and Mayor Brock:
"nay". Motion carried with a 5-2 vote.
C.
The Council held a public hearing and considered adoption of an ordinance
amending a Detailed Plan for approximately 7.4 acres within Planned
Development 12 (PD-12) zoning district. The subject property, commonly k:nown
as 4050 South I -35E, was generally located 2,300 feet southeast of State School
Road and 1-35E frontage road intersection. A ground sign was proposed. The
Planning and Zoning Commission recommended approval (6-0). (205-0003, Jim
McNatt Honda Dealership)
Kelly Carpenter, Director of Planning and Development, stated that this was an amendment to
the detailed plan for a ground sign proposal. The proposal was for an additional ground sign
similar to the existing sign on-site.
The Mayor opened the public hearing.
No one spok:e during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-147
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
ORDINANCES 2004-064, 2001-149, AND 87-084 TO ALLOW AN ADDITIONAL
GROUND SIGN ON LOT 1 BLOCK A OF THE MCNATT ADDITION PHASE 2
WITHIN PLANNED DEVELOPMENT 12 (PD-12) ZONING DISTRICT AND LAND
USE CLASSIFICATION; SAID LOT 1 BLOCK A OF THE MCNATT ADDITION
PHASE 2 CONTAINS APPROXIMATELY 7.4 ACRES; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0003)
City of Denton City Council Minutes
May 24, 2005
Page 12
Mulroy motioned, McNeill 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.
5.
ITEMS FOR INDIVIDUAL CONSIDERATION
A.
The Council considered adoption of an ordinance concerning an Alternative
Development Plan for tree canopy coverage for a distribution warehouse on
approximately 30 acres of land located in an Industrial Centers Employment (IC-
E) zoning district. The property, commonly lrnown as 2900 Airport Road, was
generally located west of 1-35 West and north of Airport Road. The Planning and
Zoning Commission recommended denial (5-1). (ADP05-0001, Anderson
Merchandisers)
Kelly Carpenter, Director of Planning and Development, stated that at the May 3, 2005 council
meeting, Council continued this proj ect to allow additional time for further discussion. The
Planning and Zoning Commission would soon be discussing reducing the current requirement of
20% tree canopy coverage to 15%.
Bob Schneider, 2900 Airport Road, Denton, 76201, spok:e in favor of the request.
The following ordinance was considered:
NO. 2005-148
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
AL TERNA TIVE DEVELOPMENT PLAN ON APPROXIMATELY 30 ACRES OF
LAND GENERALLY LOCATED WEST OF 1-35 WEST AND NORTH OF AIRPORT
ROAD, COMMONLY KNOWN AS 2900 AIRPORT ROAD, WITHIN AN
INDUSTRIAL CENTERS EMPLOYMENT (IC-E) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF REDUCING
TREE CANOPY COVERAGE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (ADP05-000 1)
Mulroy motioned, McNeill 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 approval of a resolution by the City of Denton, Texas,
approving the eligibility of the structure located at 208 West Oak: Street, Denton,
Texas for tax exemption for historically significant sites pursuant to Chapter 10,
Article VII Code of Ordinances of the City of Denton, Texas; authorizing the City
Manager to execute a tax exemption certificate; and declaring an effective date.
The Historic Landmark: Commission recommends approval (7-0).
Julie Glover, Historic Preservation Officer, stated that the applicant had applied for a tax
exemption certificate for property located at 208 West Oak: Street. The certificate would allow
City of Denton City Council Minutes
May 24, 2005
Page 13
the city to abate increases in the assessed value of historically significant sites for tax purposes as
a result of appropriate repair and renovations. The abatement would freeze the city tax portion
of property taxes at the pre-renovation value for a ten-year period. She reviewed the eligibility
requirements for the abatement.
The following resolution was considered:
NO. R2005-020
A RESOLUTION BY THE CITY OF DENTON, TEXAS, APPROVING THE
ELIGIBILITY OF THE STRUCTURE LOCATED AT 208 WEST OAK STREET,
DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT
SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER TO
EXECUTE A TAX EXEMPTION CERTIFICATE; AND DECLARING AN
EFFECTIVE DATE
Kamp motioned, Thomson seconded to approve the resolution. On roll vote, Kamp "aye",
McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock: "aye". Motion carried unanimously.
C.
The Council considered approval of a resolution by the City of Denton, Texas,
authorizing the City Manager to sign and submit to the Department of Housing
and Urban Development a 2005-2009 Consolidated Plan for Housing and
Community Development including a 2005 Action Plan with appropriate
certifications, as authorized and required by the Housing and Community
Development Act of 1974, as amended and the National Affordable Housing Act
of 1990, as amended; and providing for an effective date.
Council Member Montgomery left the meeting with a potential conflict of interest.
Barbara Ross, Community Development Administrator, stated that the Consolidated Plan was a
five-year strategy detailing proposed housing, social service and public work:s projects benefiting
low and moderate-income households and neighborhoods. The annual Action Plan represented
the first year in the five-year strategy. The Human Services revised recommendations were
included in the plan.
Sherri Gideon, representing several social service agencies, expressed a concern regarding the
decrease in funding to agencies over the past several years.
The following resolution was considered:
NO. R2005-021
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT A 2005-2009 CONSOLIDATED PLAN FOR HOUSING
AND COMMUNITY D EVELO PMENT IN CL UD IN G A 2005 A CTI ON PLAN WITH
City of Denton City Council Minutes
May 24, 2005
Page 14
APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED
AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED;
AND PROVIDING FOR AN EFFECTIVE DATE
Joe motioned, McNeill seconded to approve the resolution as presented. On roll vote, Kamp
"aye", McNeill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock: "aye".
Motion carried unanimously.
Council Member Montgomery returned to the meeting.
D.
The Council considered adoption of an ordinance of the City of Denton, Texas
amending the provisions of Chapter 21 by creating Article III relating to graffiti;
providing for a severability clause; providing a repealer clause; providing a
savings clause; providing for a penalty not to exceed $500 for violations of this
ordinance; and providing for an effective date.
Scott Fletcher, Denton Police Department, stated that the proposed ordinance would require
property owners to abate graffiti, to more effectively eliminate the opportunity for individuals to
engage in graffiti activities and to hold those responsible for graffiti more accountable for their
actions. This would be done in terms of abatement, enforcement, and education.
The following ordinance was considered:
NO. 2005-149
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
PROVISIONS OF CHAPTER 21 BY CREATING ARTICLE III RELATING TO
GRAFFITI; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mulroy motioned, Kamp 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.
E.
The Council considered adoption of an ordinance of the City of Denton, Texas
amending the provisions of Chapter 20 by creating Article IV entitled
"Environmental Nuisances"; providing for a severability clause; providing a
repealer clause; providing for a savings clause; providing for a penalty not to
exceed $500 for violations of this ordinance; and providing for an effective date.
Lt. Scott Fletcher, Denton Police Department, reviewed the details of the proposed ordinance. It
would require people who own, lease, or occupy property in the City to maintain their property
so that it did not allow the accumulation or ponding of standing, stagnant or non-maintained
water for more than a 48-hour period under normal rain conditions.
City of Denton City Council Minutes
May 24, 2005
Page 15
Ken Bank:s, Environmental Quality Manager, reviewed the hazards involved with stagnant water
including a source for harboring and breeding of mosquitoes, flies or other pests. It could also
cause foul odors and adversely impact the public health and safety.
The following ordinance was considered:
NO. 2005-150
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
PROVISIONS OF CHAPTER 20 BY CREATING ARTICLE IV ENTITLED
"ENVIRONMENTAL NUISANCES"; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE
DATE
Thomson motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye",
McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock: "aye". Motion carried unanimously.
F.
The Council considered approval of a resolution of the City of Denton, Texas,
endorsing and advocating a proposed service plan rail route by the Denton County
Transportation Authority that would use the former Union Pacific Railroad Right-
of- Way ("MKT") that runs parallel to 1-35 East between North Carrollton and
Denton, with an ultimate terminus within downtown Denton, and providing an
effective date.
Jon Fortune, Assistant City Manager, reviewed the details of the resolution. The DCTA had
commissioned an alternative analysis study on the approved service. Approval of the proposed
resolution would provide an official position by the City for use of the Union Pacific line
providing service to south Denton and downtown Denton.
Willie Hudspeth, 623 Newton, Denton, 76205, spok:e against the alignment of the route.
The following resolution was considered:
NO R2005-022
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING AND
ADVOCATING A PROPOSED SERVICE PLAN RAIL ROUTE BY THE DENTON
COUNTY TRANSPORTATION AUTHORITY THAT WOULD USE THE FORMER
UNION PACIFIC RAILROAD RIGHT -OF - WAY ("MKT") THAT RUNS PARALLEL
TO 1-35 EAST BETWEEN NORTH CARROLLTON AND DENTON, WITH AN
UL TIMA TE TERMINUS WITHIN DOWNTOWN DENTON, AND PROVIDING AN
EFFECTIVE DATE.
City of Denton City Council Minutes
May 24, 2005
Page 16
Kamp motioned, McNeill seconded to approve the resolution. On roll vote, Kamp "aye",
McN eill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock: "aye". Motion carried unanimously.
G.
Citizen Reports
1. Review of procedures for addressing the City Council.
2.
Council received citizen reports from the following:
A.
Jordan Hudspeth regarding concerns of Southeast Denton.
Not present at the meeting.
B.
Lanisha Hudspeth regarding concerns of Southeast Denton.
Not present at the meeting.
C.
Hagar Hudspeth regarding concerns of Southeast Denton.
Not present at the meeting.
D.
Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth apologized for his prior behavior before the council. He read passages from the
Bible on good relationships with governmental officials.
H.
New Business
The following items of New Business were suggested for future Council meetings:
1.
Council Member Kamp requested a progress report on dumpsters block:ing
sidewalk:s.
I.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
3. Clarification of items on the agenda
There were no Items from the Acting City Manager.
J. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
K.
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 Meetings.
City of Denton City Council Minutes
May 24, 2005
Page 1 7
With no further business, the meeting was adjourned at 9:23 p.m.
EULINEBROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W ALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS