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August 1, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES August 1, 2006 After determining that a quorum was present, the City Council convened in a Closed Session on Tuesday, August 1,2006 at 5:00 p.m. in the City Manager's Conference Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None 1. Council considered the following in Closed Meeting: A. Deliberations regarding personnel matters - Under Texas Government Code S551.074 1. Deliberated and discussed the appointment and the duties of public officers to the Planning and Zoning Commission, Zoning Board of Adjustment, and any other board or commission of the City of Denton, Texas exercising discretionary powers as opposed to purely advisory powers. Following the completion of the Closed Session, the City Council attended a reception for Board and Commission members in the Council Work Session Room at City Hall. The City Council convened in the Council Chambers at 6:00 p.m. 1. The Council considered approval of a resolution of appreciation for retiring Board/Commission members. Montgomery motioned, Kamp seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 2. Oath of Office for New and Continuing Board Members. Jennifer Walters, City Secretary, administered the oath of office for new and continuing board and commission members. After determining that a quorum was present, the City Council convened in a Regular Meeting on Tuesday, August 1,2006 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. The Council received a report from Jerry Mohelnitzky, Chair of the Charter Review Committee, regarding the progress of the Charter Review Committee. Mr. Mohelnitzky stated that the Committee was making good progress and was moving forward on the review. It had met five times for two hours per meeting. A public hearing had been held with 30+ individuals in attendance and eight who spoke at the meeting. The Committee had City of Denton City Council Minutes August 1, 2006 Page 2 sixteen original items to review and one general category for minor changes. Three of those items had been withdrawn, two had been rejected by the committee and the remaining eleven were scheduled for consideration by the Committee. Staff was preparing the proposed wording of the propositions for review. Future meetings were scheduled for Wednesday, August 7th and Friday, August 9th if needed. The Committee should meet the deadline to get the proposals to Council. 3. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards There were no proclamations/awards for this meeting. Mayor commended those individuals who worked on the John B. Denton Days celebration that took place this past weekend. It was a great event. 4. CONSENT AGENDA Thomson motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolution. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. A. Approved tax refunds for the following property taxes: Name Reason Tax Amount Year 2. LandAmerica/Steffek, Haden & Duplicate Payment Courtne 2005 $1,426.95 6. Wellspring Worldwide Ministries DCAD Supplemental Change 2005 $ 902.65 (exemption added) 8. Walgreen Company DCAD Supplemental Change 2004 $ 786.62 (value change per Court Order) 10. G lendora Management/Robinson, Overpayment 2005 $ 655.69 Elaine B. 2006-212 - An ordinance accepting competitive bids and awarding a contract for the purchase of PVC Electrical Fittings for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3521 - PVC Electrical Fittings awarded to the lowest responsible bidder Techline, Inc. City of Denton City Council Minutes August 1, 2006 Page 3 in the estimated amount of $380,000). The Public Utilities Board recommended approval (4-1). C. 2006-213 - 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 3549 - Agreement with the Denton Record Chronicle in the amount of $8.15 per column inch for an estimated award of$35,000). D. 2006-214 - An ordinance of the City of Denton, Texas accepting competitive bids and awarding a best value contract for tree trimming services for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date (Bid 3494 - Annual Contract for Tree Trimming Service for DME awarded to Whitmire Line Clearance, Inc. in the estimated amount of $300,000 per year). The Public Utilities Board recommended approval (5-0). E. 2005-215 - An ordinance accepting competitive bids and awarding a contract for truck beds and bodies for various City of Denton Departments; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3528 - Utility Truck Beds and Bodies awarded to lowest responsible bidder, AG Van and Truck Equipment in the amount of $27,997). F. 2006-216 - An ordinance of the City of Denton, Texas, authorizing the City Manager to pay the City's one-time lump-sum payment in the amount of $461,244.15 to the Upper Trinity Regional Water District pertaining to Denton's share of the Krum Transmission Pipeline Agreement; authorizing the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommended approval (6-0). G. 2006-217 - An ordinance approving an assignment of a certain commercial Airport Operator's Lease between JVC Real Estate, L.L.C. and the City of Denton to 4736 Lockheed Associates, Ltd., approving consents to sublease from 4736 Lockheed Associates, Ltd. to JVC Hangars, L.L.C.; approving a fractional interest concept which subdivides the JVC Real Estate, L.L.C. lease into nine separate units allowing a partial transfer, sublease and assignment of these units; delegating to the Interim City Manager the authority to approve assignments from JVC Hangars, L.L.C. or any successor in interest of the fractional units; and providing an effective date. The Airport Advisory Board recommended approval (6-1 ). H. 2006-218 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional service agreement with T. R. Edgar & Associates, for consulting services relating to a wage and salary survey and to initiate discussions regarding compensation philosophy and mechanics for the City of Denton, Texas (in an amount not-to-exceed $54,500); authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes August 1, 2006 Page 4 I. 2006-219 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with T. R. Edgar & Associates, for consulting services relating to a career progression program and a wage and salary survey for Denton Municipal Electric (in an amount not-to-exceed $46,500); authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). J. 2006-220 - An ordinance of the City of Denton authorizing an amendment to the Economic Development Program Grant Agreement between SFT Industrial, Ltd. and the City of Denton; and providing an effective date. The Economic Development Partnership Board recommended approval (4-0). K. R2006-026 - A resolution of the City of Denton, Texas, amending Resolution No. R2006-013 by changing the name from Audit Committee to Audit/Finance Committee; approving a Council Audit/Finance Committee Directive, Bylaws of the Audit/Finance Committee, and Internal Audit Charge; and providing an effective date. L. R2006-027 - A resolution of the City Council of the City of Denton, Texas prescribing the manner in which the City will lease its oil, gas or other mineral interests in lands; and providing an effective date. 5. PUBLIC HEARINGS A. The Council held a pubic hearing and considered adopting an ordinance amending Sections 35.13.7 and 35.23.2 of the Denton Development Code pertaining to tree preservation requirements. The Planning and Zoning Commission recommended approval (7-0). (DCA 05- 0010) Kelly Carpenter, Director of Planning and Development, stated that the Council Committee on the Environment had met on March 29,2005 to discuss options for code amendments to address tree preservation near gas wells, transmission lines, and fiber optic lines. The Council Tree Subcommittee met on November 21, 2005 to discuss the same topic. The reason for such an amendment was that the Committee on the Environment was concerned with allowing the gas line developers to not pursue any tree mitigation leaving the surface rights owners to be responsible for all the tree mitigation at a later time. She stated that there had been no less than six public meetings on this topic and presented the details of the dates of those meetings. The Planning and Zoning Commission had recommended approving the amendment. This was not a substantive change to the ordinance but rather a clarification of the existing tree preservation ordinance as it related to gas lines, fiber optics and gas utilities. It provided an exemption for projects done by public utilities upon the filing of route plans prior to tree removal or construction, which satisfactorily demonstrated that the proposed installation lies within routes previously established by a current Master Plan for transportation or public utilities, or within an existing easement recorded prior to the effective date of the proposed ordinance. It also clarified the definition of a public utility. The amendment would require 25% mitigation paid into the tree fund for every tree removed from the pad site, transmission and/or fiber optic line easement. City Attorney Snyder noted that in addition to a master plan route, the ordinance addressed a public utility having an easement in place prior to the effective date of the ordinance. The City of Denton City Council Minutes August 1, 2006 Page 5 mitigation for the installation of gas wells, gas transmission lines or to facilitate communications infrastructure or utilities which did not meet the definition of a public utility, was for every 6" dbh or larger tree removed, the applicant would mitigate the removal by paying the established tree mitigation fee for 25% of the total dbh removed. Fees would be paid prior to tree removal. Mayor McNeill noted that there had been numerous meetings held on this proposal. He questioned the knowledge of the public at these meetings and their input. Carpenter replied that there was not a lot of public attending those meetings. Those In attendance were neither in favor or opposition to the proposal. Deputy Mayor Pro Tem Mulroy stated that as this process evolved, he was reminded that the tree ordinance was a tree preservation ordinance and not a tree replacement ordinance. The ordinance was to encourage developers to pick a path with the least amount of trees destroyed. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Bill Coleman, 300 N. Elm, Denton, 76201 - concerned about removing the ability of oil and gas developers to work with others such as the surface land owners. It appeared that the proposal targeted the oil and gas industry and held it to a different standard. Medford Owen, 4401 North 135, Denton 76207 - opposed to the ordinance as presented. The modification proposed was a substantive change as it removed choices his clients currently had under the existing ordinance. Bill Cotner, 1211 Country Club Drive, Midland - the ordinance would remove the ability to operate under the existing code. There were no options available for the gas operators. He felt there were alternatives available and the proposal did not protect the landowner. The Mayor closed the public hearing. Deputy Mayor Pro Tem Mulroy asked for a clarification of the 6 inch dbh cut off. He understood it to read 25% of the total dbh removed rather than 25% of the trees 6 inches or larger. City Attorney Snyder indicated that he read the provision differently to mean only trees 6 inches or larger. The wording could be clarified. Deputy Mayor Pro Tem Mulroy questioned the ability of the gas companies to negotiate with the landowners. Snyder indicated that the ordinance contained wording to indicate "if not able to mitigate". Council Member McElroy expressed concern that the current wording of the ordinance might have an adverse effect and Council might consider tabling it for consideration of clarification on wording. Deputy Mayor Pro Tem Mulroy stated that there had been numerous meetings with few participants in attendance. City of Denton City Council Minutes August 1, 2006 Page 6 The following ordinance was considered: NO. 2006-221 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTIONS 35.13.7 AND 35.23.2 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO TREE PRESERVATION REQUIREMENTS; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (DCA05-0010) Mulroy motioned, Kamp seconded to adopt the ordinance as presented with clarification as discussed with the mitigation fee for 25% of the total dbh removed for 6 inch dbh or larger trees. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton naming the dog park in Lake Forest Park; and declaring an effective date. The Parks, Recreation and Beautification Board recommended approval (4-0). Janet Fitzgerald, Director of Parks and Recreation, indicated that the new park would be named Wiggly Field. She reviewed the procedures taken for naming of the park. The following ordinance was considered: NO. 2006-222 AN ORDINANCE OF THE CITY OF DENTON NAMING THE DOG PARK IN LAKE FOREST PARK; AND DECLARING AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council considered approval of a resolution of the City of Denton, Texas, supporting the North Central Texas Council of Government's proposed regional alignment regarding the Texas Department of Transportation's Trans-Texas Corridor - 35 initiative; and providing an effective date. The Mobility Committee recommended approval (3-0). Mark Nelson, Chief Transportation Officer, presented the proposed alignment of the Trans- Texas corridor as proposed by TxDOT. He noted that the Regional Transportation Council and North Central Texas region was recommending an alternative corridor alignment that would provide shorter access routes, facilitate a more efficient connection to urban centers and meet the needs of both the State of Texas and the Dallas-Fort Worth region. Mayor Pro Tem Kamp noted that the North Texas Region came together on the alignment that backed the R TC and Council of Governments position. The following resolution was considered: City of Denton City Council Minutes August 1, 2006 Page 7 NO. R2006-028 A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT'S PROPOSED REGIONAL ALIGNMENT REGARDING THE TEXAS DEPARTMENT OF TRANSPORTATION'S TRANS-TEXAS CORRIDOR - 35 INITIATIVE; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Montgomery seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. The Council considered appointments to the following boards and commissions: 1. Community Development Advisory Committee Council Member McElroy nominated Lisa Melby to the Community Development Advisory Committee. He motioned that the Council's Rules of Procedures be suspended to allow voting on the nomination at this meeting. On roll vote to suspend the rules, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. On roll vote to approve the nomination, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 2. Planning and Zoning Commission Council Member Montgomery nominated Jay Thomas to the Planning and Zoning Commission. On roll vote to approve the nomination, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Robert Donnelly regarding council business. Mr. Donnelly questioned the passage of so many alternative development plans and suggested that the ordinance may need to be reconsidered. He questioned a development site where the building of a slab was done before putting in a secondary access road. His concern was with a fire danger with only one way in and one way out of the development. Ordinances were passed for a reason and perhaps the city needed to slow down with development to stick with requirements. E. New Business City of Denton City Council Minutes August 1, 2006 Page 8 The following items of New Business were suggested by Council for future agendas: 1. Deputy Mayor Pro Tem Mulroy asked for a report on the construction site mentioned in Mr. Donnelly's citizen report. F. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. Interim City Manager Martin indicated that there would be a Council budget work session on Wednesday. G. There was no continuation of Closed Meeting under Sections 551.071- 551.086 of the Texas Open Meetings Act. H. There was no official Action on Closed Meeting I tem( s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:32 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS