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Minutes November 8, 2005 CITY OF DENTON CITY COUNCIL MINUTES November 8, 2005 nd Tuesday After determining that a quorum was present, the City Council convened in a 2 Session on Tuesday, November 8, 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 into Closed Session at 4:05 p.m. Council reconvened in open session at 5:05 p.m. 1. The Council received a report, held a discussion and gave staff direction regarding proposed ordinance revisions related to Code Enforcement and property appearance. Lt. Scott Fletcher, Denton Police Department, stated that several of the code enforcement issues previously discussed with Council had been addressed. Fence maintenance and parking regulations were ready in ordinance form for consideration. The fence maintenance ordinance would require property owners to maintain a fence as currently were was no ordinance requiring maintenance. The proposed ordinance would require owners or occupants to maintain a fence so that it was structurally sound and had no broken, loose, damaged, removed or missing parts. It also required that the fence be repaired using material comparable to the original fence that was being repaired. Council suggested checking the language of the ordinance so that a property owner would be able to remove the fence instead of repairing it if desired. Fletcher continued with proposed parking regulations. There were three separate issues associated with parking regulations (1) parking on unimproved surfaces, (2) parking of certain recreational vehicles on public streets and (3) parking of cars for sale. The proposed ordinance would prohibit parking on unimproved surfaces in the front yard of a residence and would require any vehicle parked on a side or back yard of a residence on an unimproved surface to be screened from public view by a fence or wall of at least six feet in height. It would also limit individuals from improving the surface of more than 50% of the front yard of a residential lot. Council discussed the fact that a curved driveway would take more than 50% of the front yard and an exception for a curved driveway might be considered. Fletcher continued with on-street parking of recreational vehicles. The proposed ordinance would prohibit on-street parking of recreational vehicles. It also prohibited parking vehicles in excess of eight feet six inches in width or forty feet in length in any residential district/neighborhood. Council discussion included: It might be better to rethink the restriction on the larger vehicles and start first with limiting the parking in residential areas. City of Denton City Council Minutes November 8, 2005 Page 2 Consider the recreational vehicles that were merely visiting a residence in terms of how long they had been there, etc. The definition of parking was considered overnight parking. Separate the two issues of on-street parking versus prohibiting the large vehicles from residential neighborhoods. Consensus of the Council was that the large vehicle restriction was a concern and to defer it at this time. Staff could proceed with the other issue of on-street parking. Fletcher continued with parking of cars for sale. There currently was no ordinance that prohibited individuals from parking used cars for sale on privately owned parking lots or open spaces. The proposed ordinance would limit one used car that could be placed for sale on private property at one time. Additional restrictions would include the vehicles had to be parked at least one hundred feet from the edge of the right-of-way or easement. The ordinance would not apply to legitimate new or used care sales businesses. Council discussion included: Was a business license needed for used car lots ? Fletcher replied that there was no permit process in the City for used cars. When considering the zoning and sign ordinance rewrite, consider addressing some of these issues. Consensus of the Council was to proceed as recommended by staff. Additional issues Fletcher addressed were staffing and deployment; citation resolution, and internal workgroup dealing with property maintenance issues. The Code Enforcement Unit currently consisted of one supervisor, one secretary, four district officers with one field officer dealing with citywide issues of signs, graffiti, and stagnant water. He reviewed a comparison of Code Enforcement staffing levels versus square miles for twelve metroplex cities. Fletcher also reviewed the citation disposition in which 71% of the citations were abated, 7% resulted in a city lien, 12% were pending and 10% were dismissed. An internal workgroup had been formed to address a comprehensive approach to property maintenance issues. Departments in the workgroup included Building Inspections, Code Enforcement, Community Development, Keep Denton Beautiful, Legal, Parks, Police, Planning, Public Information, Solid Waste, and Utilities Customer Service. The theme of these meetings identified the need to create a cultural change in the appearance of properties throughout the City. Potential programs to help create this change include adoption of the International Property Maintenance Code, an external property survey, rental property inspections, and a centralized code/building hotline. City of Denton City Council Minutes November 8, 2005 Page 3 Council discussion included: Had there been any discussion with multifamily property owners regarding these issues ? Fletcher replied that there had been some dialog with some of the property owners. More vigorous enforcement of the nuisance ordinance was needed ? Fletcher responded that more patrols in neighborhoods were being requested. Many of the complaints from the neighborhoods were enforcement issues. Fletcher finished with the suggestion from the internal workgroup to include input from the community. The workgroup felt that an external citizen task force should be formed. Members of that task force could include representatives from Property Management Companies, Rental Property Association, Denton Apartment Association, NAACP, LULAC, University of North Texas, Texas Woman?s University, REACH, Chamber of Commerce, Realtor?s Association, and the Denton Housing Authority. Consensus of the Council was to proceed with the fence ordinance, hold the restrictions on the large recreational vehicles in the parking ordinance and continue with the other ordinances as recommended by staff. Staff could also continue with the code strategies as suggested including the external task force. 2. The Council received a report, held a discussion and gave staff direction regarding the changing of the name of Morse Street to Martin Luther King, Jr. Street. Jon Fortune, Assistant City Manager, stated that staff had researched the feasibility of changing the name of Morse Street to Martin Luther King, Jr. Street as suggested by Council Member Heggins. An approved name change for the entire length of Morse Street that extended to Mayhill Road would affect 56 residential and commercial units He detailed the procedure that would be necessary to affect the requested change. Council discussion included: While this was a good idea, Council might not be looking as broad as needed. The street chosen needed to be one that that went all across town rather than one small street. Build on the idea but have a broader outlook. Perhaps consider mailing out information to residents and the business community regarding a change possibility. The Historic Landmark Commission would have to consider any name change. Consider the new portion of US 77 rather than Morse as it was a much larger and more used thoroughfare. Consider changing Research Parkway instead of Morse as the street should be a significant street that went across the community. City of Denton City Council Minutes November 8, 2005 Page 4 Council Member Heggins noted that she had received information from the Morse Street Church that it would support the name change if Bushy Street were renamed Morse and Morse were renamed Martin Luther King, Jr. Street. Consensus of the Council was for staff to continue to research the possibilities and return for an additional work session. nd Following the completion of the 2 Tuesday Session, the City Council convened in a Closed Meeting to consider the items listed below. 1. Closed Meeting A. Consultation with Attorney ? Under Texas Government Code Section 551.071 - 1. Consulted with the City?s attorneys regarding legal issues associated with annexation of real property in the City?s northern ETJ, under annexation case no. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters 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 or would jeopardize the City?s legal position in any administrative proceedings or potential litigation. B. Personnel Matters ? Under Texas Government Code §551.074. 1. Deliberated the evaluation, and duties, including contractual terms and duties, for the City Manager, City Attorney, and Municipal Court Judge. Special Called Regular Meeting Denton City Council on Tuesday, November 8, 2005 at 6:30 p.m. in the Council Chambers at City Hall. 1. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance approving an employment agreement between the City of Denton and Robin A. Ramsay as the presiding judge of the City of Denton Municipal Court; authorizing the expenditure of funds; and providing an effective date. The following ordinance was considered: NO. 2005-339 AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DENTON AND ROBIN A. RAMSAY AS THE PRESIDING JUDGE OF THE CITY OF DENTON MUNICIPAL COURT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes November 8, 2005 Page 5 McNeill 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. B. The Council considered adoption of an ordinance approving an amendment of an employment agreement between the City of Denton and Edwin M. Snyder as the City Attorney of the City of Denton; authorizing the expenditure of funds; and providing an effective date. The following ordinance was considered: NO. 2005-340 AN ORDINANCE APPROVING AN AMENDMENT OF AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DENTON AND EDWIN M. SNYDER AS THE CITY ATTORNEY OF THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Heggins 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 a personal and professional consulting services agreement between the City of Denton and Michael A. Conduff; authorizing the expenditure of funds; and providing an effective date. The following ordinance was considered: NO. 2005-341 AN ORDINANCE APPROVING A PERSONAL AND PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND MICHAEL A. CONDUFF; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Mulroy 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 a motion to suspend the Council Rules of Procedures and reconsideration of the City Council?s vote on an annexation ordinance on first reading in Annexation Case No. A05-0002 to involuntarily annex approximately 5,800 acres generally located in the northeastern area of the City of Denton?s Extraterritorial Jurisdiction. Montgomery motioned, Mulroy seconded to suspend the Council?s Rules of Procedure to allow for a reconsideration of a previous vote. 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 November 8, 2005 Page 6 Council Member Montgomery indicated that there had been a change of circumstances since the last Council vote on the annexation. Kelly Carpenter, Director of Planning and Development, stated that the City had received a proposed preliminary plat for consideration from JNC Partners. Council Member Montgomery asked if the preliminary plat was complete. Carpenter replied that staff was still completing a review of the application at this point in time. An associated fee with the preliminary application was approximately $61,000 dollars. Council Member Montgomery asked if there were anything in place to prevent this from going forward. Carpenter stated that the preliminary plat was in the City?s extraterritorial jurisdiction. The City had jurisdiction on plat approval. Denton County had no land use controls, zoning controls or building permit authority in Denton County. The following individuals requested to speak on this item: Wady Hilton, 5575 Green Valley Circle, Aubrey, 76227 - opposed Merwyn Lynch, 5437 Green Valley Circle, Aubrey, 76227 ? opposed Montgomery motioned, Mulroy seconded to reconsider the vote of last week. On roll vote, Heggins ?nay?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried with a 6-1 vote. E. Council considered adoption of an ordinance on first reading, annexing approximately 5,800 acres of land contiguous and adjacent to the City of Denton, Texas, located in the in the northeastern area of the City of Denton?s extraterritorial jurisdiction; generally located between the City?s current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road; such annexation area being located in the V. Gailer Survey, Abstract Number 452, J. Clark Survey, Abstract Number 247, J. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number 1417, J. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D. Ground Survey, Abstract Number 489, J. Petty Survey, Abstract Number 1027, P. O?Leary Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, J. Thomas Survey, Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey, Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract Number 932, and the E. Myers Survey, Abstract Number 933, Denton County Texas; approving a service plan for the annexed property; providing a severability clause; and providing an effective date. (A05-0002) The following individuals requested to speak on this issue: Harry Down, 9325 FM 428, Aubrey, 76227 - opposed Susie Autry, 1501 Eufenia Drive, Denton, 76207 - opposed Glena Allen, 9651 FM 2153, Aubrey, 76226 - opposed City of Denton City Council Minutes November 8, 2005 Page 7 Walter Ray, 10744 FM 428, Aubrey, 76227 - opposed Scott Simms, 6075 Green Valley Circle, Aubrey, 76227 - opposed Melissa Lindelow, Hughes and Luce ? stated that the developer had vested rights due to the filing of the preliminary plat and that annexation would not stop the development. The service plan attached to the annexation ordinance was flawed and did not comply with state law. If the Council approved this first reading, it would be failing to act in accordance with state law. It would also be going against the unanimous vote of the City?s Planning and Zoning Commission. There were tools available under the Local Government Code that would allow the development of the property and still contain development restrictions such as land use control, deed restrictions, donation of lots for the School District. They would be willing to negotiate if the City were interested. Michael Brown, 3401 Joyce Lane, Denton, 76207 - opposed Ron Carter, 4105 Hartlee Field Road, Denton, 76208 - opposed Trent Densmore, 7154 Burger Road, Aubrey, 76227 - opposed Comment cards were received from: Walter Warschun, 2702 Warschun Road, Aubrey, 76227 - opposed Shirley Harris, 7056 Burger Road, Aubrey, 76227 - opposed Jane Ray, 10744 FM 428, Aubrey, 76227 - opposed Lisa Jenkins, 3419 Sauls Road, Aubrey, 76227 - opposed Cindy Williams, 5099 Warschun Road, Aubrey, 76227 - opposed Emma Bingham, 5589 Green Valley Circle, Aubrey, 76227 - opposed Don and Peggy Gann, 10049 FM 2153, Aubrey, 76227 - opposed Buddy and Bessie Lou Dobson, 5547 Woodland Hills, Denton, 76208 - opposed J. Bryan Lilley, 1630 Shepard Road, Aubrey, 76227 - opposed James Whitlock, 4697 Warschun Road, Aubrey, 76227 - opposed Serena Daugherty, 1300 Tulane, Denton, 76201 - opposed Jane Erwin, 8012 FM 2153, Aubrey, 76227 - opposed Carolyn and Henry Vaughn, 3200 Elm Bottom Circle, Aubrey, 76227 - opposed Ray Lynch, 5475 Green Valley Circle, Aubrey, 76227 - opposed Mulroy motioned, Kamp seconded to approve the ordinance on first reading. On roll vote, Heggins ?nay?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried with a 6-1 vote. With no further business, the meeting was adjourned at 7:17 p.m. ____________________________ ____________________________ EULINE BROCK JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS