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December 12, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES December 12, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 12, 2006 at 5:30 p.m. in the Council Work Session 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. The Council received a report, deliberated and gave direction regarding the use of the City logo, letterhead, proclamations, and consideration of amendments to the City Council Rules of Procedure and Ethics Policy. City Attorney Snyder stated that the Ethics Committee had met twice on this issue. It originally met in August after the Mayor brought up the issue of the use of city letterhead and when it was appropriate to use the letterhead. A separate issue was discussed on the extent of committee chairs using city letterhead. There were instances where the Mayor might send an endorsement for a charitable or public purpose event on city letterhead. The Committee recommended that the Mayor instead issue a proclamation in conjunction with the event rather than use city letterhead. As the Mayor was the honorary spokesperson for the city per the Charter, a proclamation would carry more weight. There may be a need to clarify the practice of the Mayor issuing proclamations outside city council meetings. Mayor McNeill stated that from time to time each council member was requested to respond to an event. He felt the Council should be able to use the letterhead when appropriate. Council discussed various situations when the city letterhead might be used and when it would be appropriate. The use of the city letterhead implied city endorsement of that event. In some circumstances individual council members might disagree with the Mayor on the issuance of the proclamation. Appropriate uses of council stationary and business cards would be for official business only such as congratulatory notes, thank you notes and notes of condolence. Consensus of the Council was that committee chairs could use city letterhead for city business but not to say the letter was on behalf of the Council if it had not already been endorsed by Council. The letter might be phrased to indicate that the committee was going to recommend action to Council. 2. Staff responded to requests for clarification of consent agenda items listed on the Consent Agenda for December 12, 2006. Mayor McNeill reminded Council to call in advance if anyone had concerns with Consent Agenda items. Deputy Mayor Pro Tem Mulroy expressed a concern regarding Item I dealing with speed limits. He was concerned about the proposed speed limit on west Highway 380. He was not in favor of raising the speed limit in the area of Highway 380 and Masch Branch Road. He requested that the item be pulled for separate consideration. City of Denton City Council Minutes December 12, 2006 Page 2 City Manager Campbell stated that staff had addressed the issue with TxDot. If Council disagreed with the proposed speeds and did not approve them, TxDot could pass a minute order which the city would have to enforce. Frank Payne, City Engineer, suggested modifying the ordinance to omit that one section and adopt all the other recommended speed limits. TxDot would then have to overrule the city to adopt the higher speed. The section of Highway 380 under question would remain at the current speed limit until TxDot overrode the limit to a higher limit. 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. 1. Closed Meeting: Council convened at 6:06 p.m. in Closed Session A. Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section 551.071. 1. Consultation with the city’s attorneys regarding the pending contractual dispute by and between the City of Denton, Texas and Waukesha Electrical Systems, Inc. and discuss settlement of such dispute; provide staff with direction. 2. Consultation with the City’s attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, 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, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. 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. Council ended the Closed Session at 6:27 p.m. Special Called Regular Meeting of the City of Denton City Council on Tuesday, December 12, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE Council and members of the audience recited the Pledge of Allegiance to the U. .S. and Texas flags. City of Denton City Council Minutes December 12, 2006 Page 3 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor McNeill presented a proclamation for Police Appreciation Day. B. November Yard of the Month Awards Mayor McNeill presented November Yard of the Month Awards to: Jacqui and Stanley Bode Ed Denny John and Susan Porter Bill and Linda Benton Texas Workforce Commission 3. CONSENT AGENDA Robert Donnelly submitted a speaker card regarding Item 3U. He questioned if the city had overridden the DCTA’s location for the rail station. Mayor Pro Tem Kamp stated that there were issues with property owners and that Council did not override DCTA as no formal selection had been made. Deputy Mayor Pro Tem Mulroy requested that Item I be pulled for separate consideration. Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions with exception of Item I. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. Item I was considered. Mulroy motioned, Thomson seconded to approve Item I with a deletion of subsection 18A and B. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. A. R2006-040 - A resolution consenting to the exercise of the power of eminent domain in the City of Denton by the Upper Trinity Regional Water District for the Shady Shores Road Treated Water Pipeline Replacement Project. B. R2006-041 - A resolution of the City Council of the City of Denton, Texas, ratifying and confirming the acceptance of an approximate 3.814 acre of dedication fee land as shown on the plats of Lowes Addition, Lot 1, Block 1, an addition to the City of Denton, Texas, according to the plat and replat thereof recorded in Cabinet M, Page 8 and Page 235 of the Plat Records of Denton County, Texas. City of Denton City Council Minutes December 12, 2006 Page 4 C. R2006-042 - A resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; and making certain findings in connection therewith. D. Approved the minutes of: November 7, 2006 November 14, 2006 November 15, 2006 E. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1.Mason, Ralph L. Duplicate Payment 2005$2,945.03 2. Freebourn, Royce & Rosemarie Duplicate Payment 2003 $2,364.22 3.First American/McElhaney, Dale & Erroneous Payment 2004$1,021.64 Marcie F. 2006-326 - An ordinance of the City of Denton approving a Pipeline Crossing Agreement between the Union Pacific Railroad Company (“UPRR”), and the City of Denton relating to the encroachment of a 16 inch water pipeline, crossing an existing UPRR right-of-way at Mile Post 723.02 as part of the Meadows at Hickory Creek development public improvements, located in the W. Roark Survey Abstract Number 1087, City of Denton, Denton County, Texas. The Public Utilities Board recommended approval (5-0). G. 2006-327 - An ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. H. 2006-328 - An ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. I. 2006-329 - An ordinance of the City of Denton, Texas, amending Chapter 18 of the Code of Ordinances by amending Section 18-73 to establish speed zones on FM 1515/Airport Road, FM 1830/Country Club Road, and US 380/University Drive; altering the prima facie speed limits established for vehicles under the provision of Transportation Code, Section 545.356 upon these streets, within the incorporate limits of the City of Denton; providing a penalty not to exceed $200.00 unless the violation occurs in a work zone and then the penalty shall not exceed $400.00; providing a severability clause; providing a repealing clause; providing for publication; and declaring an effective date. The Traffic Safety Committee recommended approval (6-0). City of Denton City Council Minutes December 12, 2006 Page 5 J. 2006-330 - An ordinance of the City of Denton, Texas amending the provisions of Chapter 6 relating to animals by amending Section 6-2 to include bats in the definition of prohibited animals and include a definition for tethering; by amending Section 6-6 to provide that the animal shelter employee shall work for the City of Denton Animal Shelter; by amending Section 6-8 to place limitations on tethering animals; by amending Sections 6-13, 6-14 and 6-17 to reflect changes in state law regarding rabies vaccination requirements; by amending Section 6-14 to waive registration fees for animals which are sterilized and microchipped; by amending Section 6-16 to reduce the holding period for protective custody impounds from 7 days to ninety-six (96) hours; by amending Section 6-30 to allow for impoundment of prohibited animals and to establish time frames for redemption or disposition of the prohibited animal; 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. K. 2006-331 - An ordinance amending Ordinance No. 2005-343 to increase the registration fee for dogs and cats, to establish an exemption from the registration fee for sterilized and microchipped animals, to establish the same daily handling fee for the first day an animal is handled and any subsequent, to increase the fee for disposing of dead animals, to simplify the animal euthanasia fee section by removing the sections regarding burial boxes and cremation urns pursuant to Chapter 6 of the Code of Ordinances of the City of Denton, Texas; providing that a schedule of fees shall be maintained on file in the office of the City Secretary; a severability clause; providing a savings clause; and providing an effective date. L. 2006-332 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of automatic throw over switches PME 9 configuration, for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3626 – Annual Contract for ATO Switch PME-9 Configuration awarded to the lowest responsible bidder, HD Supply, in the estimated cumulative annual amount of $100,270). The Public Utilities Board recommended approval (5-0). M. 2006-333 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Traffic Signal Poles for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3625 – Annual Contract for Traffic Signal Poles awarded to the lowest responsible bidder, Structural and Steel Products, Inc. in the estimated cumulative annual amount of $323,658). N. 2006-334 - An ordinance authorizing the City Manager to accept an Interlocal Agreement with the Lower Colorado River Authority (LCRA) to authorize participation in various LCRA contracts for the purchase of various goods and services; authorizing the expenditure of funds therefore; and declaring an effective date (File 3623 – Interlocal Agreement with the Lower Colorado River Authority). City of Denton City Council Minutes December 12, 2006 Page 6 O. 2006-335 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to the Lower Colorado River Authority (LCRA) for providing energy transmission services to the City of Denton; and providing an effective date (File 3638 – 2006 Electrical Energy Transmission Fees-Lower Colorado River Authority in the approximate amount of $142,906). The Public Utilities Board recommended approval (5-0). P. 2006-336 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Cook Street Waterline and Repaving Project for the City of Denton; providing for the expenditure of funds therefore; and providing an effective date (Bid 3586 – Cook Street Waterline and Repaving awarded to Jagoe Public Company in the approximate amount of $178,599.50). Q. 2006-337 - An ordinance authorizing the City Manager or his designee to execute a professional services agreement with the firm of Arthur Surveying Co., Inc. to provide professional surveying services in support of the City of Denton Engineering Department; authorizing the expenditure of funds therefore and providing an effective date (PSA 3219 – in an amount not to exceed $250,000). The Public Utilities Board recommended approval (5-0). R. 2006-338 - An ordinance approving the expenditure of funds for the purchase of radio system upgrade for the Motorola 800MHz radio system utilized by the City of Denton Police, Fire and Utility Dispatch Departments 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 3670 – Purchase of Radio System Upgrade for Police, Fire and Utility Dispatch awarded to Motorola Inc. in the approximate amount of $132,458.53). S. 2006-339 - An ordinance of the City of Denton, Texas accepting competitive bids and awarding a best value contract for the purchase of one 150 MVA, 138kV to 69kV transformer for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date (Bid 3606 – Best Value Bid for 90/120/150 Autotransformer with LTC awarded to Siemens Power Transmission in an amount not to exceed $1,991,000). The Public Utilities Board recommended approval (5-0). T. 2006-340 - An ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement by and between the City of Denton, Texas and the City of Highland Village, Texas to provide gas well inspections services; and providing an effective date. The Public Utilities Board recommended approval (5-0). U. 2006-341 - An ordinance approving a Memorandum of Understanding between the City of Denton and the Denton County Transportation Authority regarding the development of the Downtown Denton Transit Center for the purpose of enhancing the public transit system and providing a safe and secure place to make transit connections, and providing an effective date. The Mobility Committee recommended approval (2-0). City of Denton City Council Minutes December 12, 2006 Page 7 V. 2006-342 - An ordinance authorizing the acquisition through agreement or eminent domain of an approximate twenty-five foot wide utility easement, and an approximate twenty-five foot wide temporary construction easement for the Robson Ranch Water Project generally located in the E. Pizano Survey, Abstract Number 994, and the B. B. B. and C. R. R. Co. Survey, Abstract Number 158, Denton County, Texas; and providing an effective date. W. 2006-343 - An ordinance of the City of Denton, Texas, authorizing the City of Denton, Texas to advance additional funds to the Texas Department of Transportation pursuant to the two advanced funding agreements previously executed, approved and in place for utility relocation contributions on state highway improvement projects, such agreements being executed and approved by the City of Denton and the Texas Department of Transportation; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (5-0). 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance granting approval of a subsurface use of a portion of the Denton Branch Rail/Trail adjacent to the south side of Shady Shores Road at Mile Post 726.9 for the purpose of a public utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the public utility easement; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (5-0). Bob Tickner, Superintendent of Parks and Recreation, indicated that the Denton County Transportation Authority had requested using a portion of the Rail/Trail for a water line. A public hearing was required any time park land was used for something other than recreation and no other feasible uses were available for the property. This would be a subsurface use with no disturbance of the ground. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-344 AN ORDINANCE GRANTING APPROVAL OF A SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL ADJACENT TO THE SOUTH SIDE OF SHADY SHORES ROAD AT MILE POST 726.9 FOR THE PURPOSE OF A PUBLIC UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE PUBLIC UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes December 12, 2006 Page 8 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 held a public hearing and considerer adoption of two proposed amendments to the Denton Mobility Plan. The proposed amendments were designed to improve circulation and connectivity.(CA06-0004) The Planning and Zoning Commission recommended approval (6–0). Frank Payne, City Engineer, stated that in September of 2006, Council approved 13 of 17 proposed Mobility Plan amendments, tabling the remaining four to be brought back to Council after further analysis and additional public meetings. After a public meeting with the property owners, staff was recommending that Amendment #2 Mills Extension (west) be removed from further consideration. Amendment #4-Milam Road-was presented with the same recommendation as previously presented. Amendment #8-Mayhill Road Realignment was recommended to be removed from consideration and be brought back at a later time after a new realignment was identified and a public meeting held. Amendment #12-Creekdale to Ryan Road was being recommended to Council as it was previously presented. The Mayor opened the public hearing. The following individuals spoke during the public hearing: George Calhoun, 321 N. Mayhill, Denton, 76208 – thanks for removing Mayhill Shawn Carter, 6572 Ganzer Road, Denton 76207 A comment card was submitted by Roger Hill, 2201 Creekdale, Denton, 76210 in opposition to the ordinance. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-345 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON, TEXAS, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (CA06-0004) Kamp motioned, McElroy seconded to adopt the ordinance, adding that a developer could apply for a Mobility Plan amendment if he had a problem with the proposed plan. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”.Motion carried unanimously. City of Denton City Council Minutes December 12, 2006 Page 9 C. The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit (SUP) for gas well drilling and production. The approximately 22-acre site was located within a Neighborhood Residential 4 (NR-4) zoning district. The property was located on the south side of Ryan Road approximately 1,500 feet west of Teasley Lane.(S06-0001) The Planning and Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Development, stated that the request was for a specific use permit for a gas well south of Ryan Road and west of Teasley Lane. As the current zoning was Neighborhood Residential-4, a specific use permit was required as gas wells were allowed only in Neighborhood Residential-1 and Neighborhood Residential-2 zoning districts. The future land use for the property was designated as a neighborhood center. This would be one of three well sites to be developed in the area. The Planning and Zoning Commission recommended approval with the conditions that ingress and egress to the site be from Ryan Road instead of the residential collector Creekdale Road, the well operator install a stockade-style fence constructed on steel posts around the site to screen the site, and development and operation of the well would be in accordance with the site plan on file in the Planning Department. The Mayor opened the public hearing. Bill Coleman was available for questions on behalf of the applicant. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-346 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 22 ACRES OF LAND GENERALLY LOCATED WEST OF HICKORY CREEK HEIGHTS SUBDIVISION, AND SOUTH OF RYAN ROAD, LEGALLY DESCRIBED AS TRACT 4, OF THE E. PICKETT SURVEY, ABSTRACT NUMBER 1018, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; WITHIN A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S06-0001) McElroy motioned, Heggins seconded to adopt the ordinance with the inclusion of the Planning and Zoning Commission recommendations. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit (SUP) for gas well drilling and production. The 4.245-acre site was located within a Neighborhood Residential 6 (NR-6) zoning district. The property was located on the south side of Ryan Road approximately 2,350 feet west of Teasley Lane. (S06- 0002) The Planning and Zoning Commission recommended approval (7-0). City of Denton City Council Minutes December 12, 2006 Page 10 Brian Lockley, Interim Director of Planning and Development, stated that this was another specific use permit for a gas well facility to be located south and west of the prior proposal. The site was located in a Neighborhood Residential-6 zoning district, which was allowed but only with a specific use permit. The Planning and Zoning Commission recommended approval with the conditions that the ingress and egress to the site be from Ryan Road instead of the residential collector Creekdale Road and development and operation of the site would be in accordance with the site plan on file in the Planning Department. The Mayor opened the public hearing. Bill Coleman, representing the petitioner, was available for questions. He indicated that the site would use the same access road as the prior item. No trees would be removed for access to the site. Deputy Mayor Pro Tem Mulroy stated that the ingress/egress would only be from Ryan Road with no access from Creekdale. Coleman stated that the three sites were connected by network with two of the sites only using Ryan Road for access. The Mayor closed the public hearing. The following ordinance was considered: 2006-347 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 4.245 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF RYAN ROAD, APPROXIMATELY 2,350 FEET WEST OF TEASLEY LANE, LEGALLY DESCRIBED AS A PORTION OF BLOCK A, LOT 1 OF THE LAKE FOREST GOOD SAMARITAN ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S06-0002) Kamp motioned, Montgomery 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. E. The Council held a public hearing and considered adoption of an ordinance amending an Alternative Development Plan (ADP) for an Environmentally Sensitive Area (ESA). The amendment would allow the removal of 4,063 square feet (0.09 acres) of designated mitigation area for Upland Habitat and replace it with 6,716 square feet (0.15 acres) of property to be designated as Upland Habitat mitigation area. The 133.5-acre site was located south of City of Denton City Council Minutes December 12, 2006 Page 11 Interstate 35 East along both sides of Wind River Lane. (ADP06-0015) The Planning and Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Development, stated that this proposal would amend a previously adopted ADP. A medical office park was in the process of being developed. In order to complete the design, an amendment to the ADP was necessary with a transfer of one area to another larger area of upland habitat. The Mayor opened the public hearing. Paul McCracken, representing the applicant, requested approval due to the proposed development. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-348 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT TO ORDINANCE 2006-138, AN ENVIRONMENTALLY SENSITIVE ALTERNATE DEVELOPMENT PLAN FOR APPROXIMATELY 71.01 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35 EAST, SOUTH OF WIND RIVER BOULEVARD AND WEST OF UNICORN LAKE BOULEVARD, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU-12) ZONING DISTRICT AND A NEIGHBORHOOD RESIDENTIAL -2 (NR-2) ZONING DISTRICT, AND LEGALLY DESCRIBED AS WITHIN THE M.E.P AND P.R.R. SURVEY, ABSTRACT NO. 950 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. (ADP 06-0015) Thomson 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. F. The Council held the first of two public hearings to consider the voluntary annexation and service plan for approximately 1,199 acres and consisting of three tracts. The property to be annexed was generally located in the north central area of the City of Denton's extraterritorial jurisdiction north of Loop 288 and West of FM 2164 (Locust Street). (A06-0005, Hills of Denton) The Planning and Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary annexation consisting of three tracts. There were no current residents on the property. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. Art LaSalle, 2055 Chinn Road, Denton, 76207 spoke during the public hearing. He questioned the infrastructure for water and sewer and any future plans to annex any other areas. City of Denton City Council Minutes December 12, 2006 Page 12 The Mayor closed the public hearing. No action was required at this time. G. The Council held a public hearing and considered adoption of an ordinance amending Subchapter 12 of the Denton Development Code relating to accessory structures and minimum floor area requirements. (DCA05-0015) The Planning and Zoning Commission recommended approval (7–0). Brian Lockley, Interim Director for Planning and Development, stated that Section 35.12 of the Development Code provided for the standards for accessory structures that were in conflict with other sections of the Code. The conflicts centered on the percentage that an accessory structure or guest house could represent of the principal structure. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed public hearing. The following ordinance was considered: 2006-349 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTERS 35.12 AND 35.23 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO ACCESSORY STRUCTURES AND MINIMUM FLOOR AREA REQUIREMENTS; PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF $2.000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (DCA05-0015) Mulroy motioned, Thomson 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. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance approving an Interlocal Cooperation Agreement between the City of Denton and Denton County for the construction of Metro Street from Interstate Highway 35 West (IH35W) service road west to Corbin Road and Corbin Road north of its intersection with Metro Street to F.M. 1515; and providing an effective date. Frank Payne, City Engineer, stated that this ordinance was for an interlocal agreement with Denton County for the construction of Metro Street from the I35W service road to Corbin Road and Corbin Road north to intersection with Metro Street and FM 1515. City of Denton City Council Minutes December 12, 2006 Page 13 The following ordinance was considered: NO. 2006-350 AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE CONSTRUCTION OF METRO STREET FROM INTERSTATE HIGHWAY 35 WEST (IH35W) SERVICE ROAD WEST TO CORBIN ROAD AND CORBIN ROAD NORTH OF ITS INTERSECTION WITH METRO STREET TO F.M. 1515; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy 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. Citizen Reports 1. Council reviewed the procedures for addressing the City Council. 2. Council received citizen reports from the following: A. Robert Donnelly regarding development. Mr. Donnelly stated that the off-site drainage was finally completed on the development next to his property. The pipe material used conflicted with the drainage criteria manual and the Code. He felt the pipe was not to code and should have been concrete rather than pipe. He reviewed pictures of the area with drainage problems, which showed silt coming into his pond. He stated that with the passage of regulations came the responsibility to enforce them. B. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. C. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudsepth was not present. D. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth presented a video from a portion of a Dr. Martin Luther King, Jr. speech and from the Fort Worth Fire Department Chief interview. She also showed a portion of an interview with Chief Chadwick regarding African American firefighters in Denton. E. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth commented on the size of the Consent Agenda and the placement of the smoking canister. He commented on the issue of no Black firefighter working for the City of Denton. F. Nell Yeldell regarding false claims. City of Denton City Council Minutes December 12, 2006 Page 14 Ms. Yeldell was not present at the meeting. C. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Heggins asked staff to look into regulations for portable basketball hoops in the street. B. Mayor McNeill requested staff to review the criteria manuals for other conflicts with the Development Code. C. Deputy Mayor Pro Tem Mulroy requested staff meet with Mr. Donnelly for a list of potential violations of the Code that affect his property in order to try and resolve those issues. D. 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. City Manager Campbell 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 Closed Meeting. 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 Meeting items. With no further business, the meeting was adjourned at 8:10 p.m. _________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ___________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS