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December 19, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES December 19, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 19, 2006 at 4:30 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 status report, held a discussion and gave staff direction regarding the City’s plan to move to a self-funded health benefits program effective January 1, 2008. Scott Payne, Risk Manager, stated that the City had plans to transition from a fully insured health benefits program to a self-funded program with the January 2008 health plan year. The Request for Proposal would be developed and published by the first week of February 2007. Responses would be received and evaluated in March with final selection in April and May. The final vendor would be presented for City Council approval on May 15, 2007. Key components of the self-funded health benefits program are Third Party Administrator, Stop Loss Insurance, Medical Network, Pharmacy Benefits, and Case Management Utilization Review Disease Management. General consensus of the Council was to proceed with the timeline. 2. The Council received a report, held a discussion and gave staff direction concerning adjusting the jurisdictional boundary between the City of Denton and the City of Corinth. The boundary adjustment would result in transferring 0.961 acres from the City of Denton to the City of Corinth.(SI06-0003, Denton and Corinth City Boundary Adjustment) Brian Lockley, Interim Director of Planning and Development, stated that the developer of Lake Sharon Estates in Corinth and the City of Corinth were negotiating the design and construction of Lake Sharon Drive, a proposed 4-lane divided highway. The purpose of the boundary adjustment would be to relocate the city boundary line to the north right-of-way line of the proposed roadway, placing the entire proposed roadway with the City of Corinth. The proposed roadway alignment swings north into the current City of Denton jurisdiction due to the location of an existing pump station with the City of Corinth and the location of Lake Sharon. There was not enough distance between Lake Sharon and the proposed F.M. 2499 alignment to swing the alignment south, back into the City of Corinth, before the proposed alignment intersects with F.M. 2499. The Council directed staff to proceed with the boundary adjustment. 3. The Council received a report, held a discussion and gave staff direction regarding a historic structure tax abatement policy for the Fry Street Small Area District. Linda Ratliff, Director of Economic Development, stated that Council had directed staff to develop a tax abatement policy for the Fry Street Area similar to the current tax abatement in place for historic structures downtown. Key elements of the policy were: The structure had to have a commercial use. The structure had to be at least 50 years old. Property must be located in the Fry Street Small Area Plan District. Improvements to structures must equal or exceed City of Denton City Council Minutes December 19, 2006 Page 2 25% of the most recent valuation, or $20,000, whichever was less. The Historic Landmark Commission would review plans for the renovations. Ratliff recommended deleting the first line under Other stipulations in the policy – “incentive will not transfer with the property if sold”. She stated that this could be handled in the actual contract. Mulroy recommended that the language in the policy be revised to cover both ways so there would never be an issue with a contract. Mulroy also requested a copy of the Fry Street Small Area Plan. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of December 19, 2006. 5. The Council received a report, held a discussion, and gave direction regarding the recruitment and selection of the Internal Auditor position. The Council reserves the right to convene into closed session under Section 551.074 of the Texas Government Code to deliberate the employment, evaluation, and duties of an Internal Auditor. Council Member Thomson stated that the job description was in the backup. The Council adjourned into Closed Session on this item at 5:15 p.m. A. Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Received legal advice concerning Retirement Health Savings Plan. 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. 3. Consulted 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. City of Denton City Council Minutes December 19, 2006 Page 3 Regular Meeting of the City of Denton City Council on Tuesday, December 19, 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. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. December Yard of the Month Awards There were no proclamations/awards or December Yard-of-the-Month awards presented. 3. CONSENT AGENDA Montgomery motioned, McElroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. A. 2006-351 - An ordinance approving a Right-Of-Way Abandonment Agreement between the City of Denton, Wheeler Ranch Ltd., and Centex Homes, for the abandonment of a portion of Nowlin Road located between Saddleback Drive and the proposed F.M. 2499, being a portion of roadway adjacent to Wheeler Ridge, Phases Two and Four, additions to the City of Denton, Texas, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. B. 2006-352 - An ordinance authorizing the City Manager to execute a real estate exchange and purchase agreement by the City of Denton, Texas with Westpark Group, LP, and BC Rail Spur LP and Rayzor Investments, Ltd. for the city’s fee acquisition of 6.889 acres of land in Abstracts No. 1040 and 1285; for the fee acquisition of a 0.8163 acre tract of land in Abstract No. 996; for the acquisition of a city access easement of 3.874 acres of land in Abstract No. 1040; for the acquisition of electric utility easements totaling 15.11 acres of land in Abstracts No. 996, 1040, and 1285; the acquisition of temporary construction easements totaling 11.001 acres of land in Abstracts No. 996, 1040, and 1285, for the acquisition of a street right-of-way donation deed for a .638 acre tract of land in Abstract No. 1040; the fee disposal by the City of Denton of tracts of land totaling 3.245 acres in Abstract No. 996; in which real estate and purchase agreement wherein BC Rail Spur, LP grants to the City of Denton a non-exclusive rail spur usage right to use the existing railroad spur for the future consideration therein expressed, that is north of and adjacent to the 6.889 acre tract of land situated in Abstracts No. 1040 and 1285; authorizing the expenditure of funds therefore; and providing an effective date (The Denton West Electric Utility Project). City of Denton City Council Minutes December 19, 2006 Page 4 C. 2006-353 - An ordinance of the City of Denton, Texas abandoning and vacating a portion of West Prairie Street, being a 0.315 acre tract of a street right-of-way tract conveyed to the City of Denton, Texas by deed recorded in Volume 383, Page 186 of the Deed Records of Denton County, Texas; and providing an effective date thereof. D. 2006-354 - An ordinance accepting competitive bids and awarding a public works contract for the on-site roadway and finish grading and paving of the existing prepared road subgrade at the City of Denton Landfill; providing for the expenditure of funds therefore; and providing an effective date (Bid 3660 – Landfill On-Site Roadway Finish Grading and Paving awarded to Reynolds Asphalt and Construction Company in an amount not to exceed $238,100.90). E. 2006-355 - 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 six trucks for the Water/Wastewater Department and four trucks for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3682 – Interlocal Agreement for the purchase of Utility Fund Vehicles awarded to Philpott Motors in the amount of $243,761). F. 2006-356 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of two backhoes and one tractor/ mower for the City of Denton Water/Wastewater Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3683 – Interlocal Agreement for Heavy Equipment for Water/Wastewater Department with H-GAC awarded to Equipment Support Services in the amount of $140,296.64 for two backhoes and Landmark Equipment in the amount of $94,760.40 for one tractor/mower for a total award of $235,057.04). G. R2006-043 - A resolution reviewing and adopting the Investment Policy for funds for the City of Denton; designating an investment officer; providing a savings and a repealing clause; and providing an effective date. H. 2006-357 - An ordinance of the Denton City Council approving and authorizing the Mayor to execute a First Amended Master Lease Agreement providing for the lease of two additional tracts of real property located at the City of Denton Landfill, by and between the City of Denton, Texas, as lessor and the Denton County Transportation Authority, as lessee; authorizing the expenditure of funds therefor; and providing an effective date. I. 2006-358 - An ordinance of the City of Denton, Texas authorizing the City Manager to sign an interlocal agreement between the City of Denton and the University of North Texas for the enforcement of parking regulations by the University of North Texas; providing for a severability clause; and providing for an effective date. City of Denton City Council Minutes December 19, 2006 Page 5 J. 2006-359 - An ordinance of the City of Denton, Texas authorizing the settlement of contractual claims by and between the City of Denton, Texas and Waukesha Electric Systems, Inc.; authorizing the City Manager and City Attorneys to act on the City’s behalf in executing any and all documents pertaining thereto, and to take such other actions that are necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance concerning the rezoning of approximately 3.5 acres from a Neighborhood Residential-2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district to allow office uses. The property was located at the northwest corner of Teasley Lane and Lillian Miller Boulevard. The Planning and Zoning Commission recommended approval (5-0). (Z06-0024, Teasley Professional Plaza) Brian Lockley, Interim Director of Planning and Development, stated this request for rezoning with the overlay district would limit the permitted uses to professional services and offices, administrative or research facilities, and medical centers and provide site design standards to protect the surrounding neighborhoods. The applicant had met with the residents of the surrounding neighborhoods to address their concerns that included dumpster locations, buffer requirements, tree preservation and traffic patterns. Property owners in opposition represented 19% of the land area within 200 feet of the subject site. Lockley briefed the council on some of the restrictions with the overlay: all buildings would be single story and 9,000 square feet or less; a 30-foot buffer zone would be maintained adjacent to the north and west property lines; all dumpsters would be located at least 100 feet from residences; the applicant would provide an 8-foot high cedar fence along the western property line. The Mayor opened the public hearing. Larry Reichhart, Springbrook Planning Group, 2405 Mustang Drive in Grapevine, spoke on behalf of the applicant. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-360 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 3.5 ACRES FROM NEIGHBORHOOD RESIDENTIAL 2 (NR- 2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY DISTRICT, LOCATED AT THE NORTHWEST CORNER OF TEASLEY ROAD AND LILLIAN MILLER BOULEVARD, AND LEGALLY DESCRIBED AS BLOCK B, LOT 1 OF THE HUNTERS RIDGE ADDITION, IN THE CITY OF DENTON, DENTON City of Denton City Council Minutes December 19, 2006 Page 6 COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0024) Mulroy motioned, Heggins seconded to adopt the ordinance with an overlay district. 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 considered adoption of an ordinance concerning the rezoning of approximately 1.722 acres from a Neighborhood Residential-4 (NR- 4) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The property was located on the west side of Teasley Lane approximately 1,000 feet south of Wheeler Ridge Drive. The Planning and Zoning Commission recommended approval (7-0). (Z06-0032, Lexington Park Phases 4 & 5) Brian Lockley, Interim Director of Planning and Development, stated that this request for rezoning with an overlay district would allow for the development of professional office and retail uses, restrict the building height to one story, and require the building(s) to be of residential style structure. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Leo Waycamp, 220 Elm Street, Lewisville, spoke on behalf of the applicant Matthew Alexander, Dowdy Anderson Associates, 5225 Village Creek Dr., Plano, spoke on behalf of the applicant The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-361 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 1.722 ACRES FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY DISTRICT LOCATED ON THE WEST SIDE OF TEASLEY LANE APPROXIMATELY 1,000 FEET SOUTHOF WHEELER RIDGE DRIVE AND LEGALLY DESCRIBED AS BLOCK L, LOT 8 OF THE LEXINGTON PARK PHASE 2 ADDITION, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0032) Kamp motioned, McElroy seconded to adopt the ordinance with an overlay district. 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 19, 2006 Page 7 C. The Council held a public hearing and considered adoption of an ordinance regarding the amendment to the Extraterritorial Jurisdiction (ETJ) boundary between the City of Denton and the City of Krum. The Planning and Zoning Commission recommended approval (7-0).(SI06-0004, Denton and Krum ETJ Boundary Adjustment) Brian Lockley, Interim Director of Planning and Development, stated that the goal of this boundary adjustment agreement was to maintain a net loss of zero acres of ETJ between both jurisdictions by delineating the ETJ boundary along property lines and eliminating the division of tracts of land. The current proposal only had one tract of land with a split jurisdiction and the ETJ line on that tract provided a more logical relationship to the wastewater metering point where Krum’s sewer system ended and Denton’s sewer system began. 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. 2006-362 AN ORDINANCE APPROVING AN AMENDMENT TO A BOUNDARY ADJUSTMENT AGREEMENT DATED SPETEMBER 4, 2001, BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp 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. D. The Council held a public hearing and considered adoption of an ordinance regarding an amendment to the Denton Development Code of the City of Denton related to enabling language for implementation of solid waste design standards (DCA05-0012). The Planning and Zoning Commission recommended approval (7-0). (DCA05-0012, DDC Amendment) Brian Lockley, Interim Director of Planning and Development, stated that this amendment would give guidance to developers and to users of solid waste services concerning solid waste and recycling containers. The standards would be placed in the Denton Development Code Criteria Manual. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes December 19, 2006 Page 8 NO. 2006-363 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.13 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO SOLID WASTE AND RECYCLING FACILITIES DESIGN STANDARDS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (DCA05- 0012) McElroy 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. E. The Council held the second of two public hearings to consider the voluntary annexation and service plan for approximately 1199 acres. The property to be annexed was generally located in the northwestern area of the City of Denton's extraterritorial jurisdiction generally located to the north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of Bonnie Brae Street. The Planning and Zoning Commission recommended approval (7-0). (A06-0005, Hills of Denton) Brian Lockley, Interim Director of Planning and Development, stated that the property was located in Denton’s ETJ and if annexed, the applicant proposed to rezone the property to allow for a mixed-use development. Staff had received no letters in support or in opposition from property owners within 200’ of the proposed annexation area. The Mayor opened the public hearing. Larry Reichhart, Springbrook Planning Group, 2405 Mustang Drive in Grapevine, spoke on behalf of the applicant. The Mayor closed the public hearing. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Deputy Mayor Pro Tem Mulroy recused himself before consideration of the following item. A. The Council considered adoption of an ordinance on second and final reading to voluntarily annex approximately 33 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed was generally located in the northwestern area of the City of Denton’s Extraterritorial Jurisdiction (ETJ). The Planning and Zoning Commission recommended approval (7-0). (A06-0004, Lot 2 of the Marriot Garden Addition Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was the final reading on the voluntary annexation of Lot 2 of the Marriot Garden Addition. The annexation was initiated by the City as a result of a breach in several contracts regarding this site. The following ordinance was considered: City of Denton City Council Minutes December 19, 2006 Page 9 NO. 2006-364 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 33 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHWESTERN AREA OF THE CITY OF DENTON’S EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY NORTH OF US 380 AND WEST OF MASCH BRANCH ROAD AND LEGALLY DESCRIBED AS LOT 2 OF THE MARRIOTT GARDEN ADDITION, AS RECORDED IN CABINET N, PAGE 230, PLAT RECORDS, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0004) Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. B. The Council considered nominations/appointments to the City’s Boards and Commissions. Council Member Thomson nominated Brian Bentley, 2528 Jamestown, to the Construction Advisory & Appeals Board. Kamp motioned, Mulroy seconded to suspend the rules to allow Council to vote 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. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Sonya Hill regarding the possibility of the City picking up solid waste in alleys. Sonya Hill, 2201 Creekdale, presented information regarding her solid waste pickup and requested the Council revisit the issue of solid waste pickup in alleys. D. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member McElroy requested a work session related to the article from the Mayor regarding Farmers Branch and unsightly properties. 2. Deputy Mayor Pro Tem Mulroy requested an investigation into Sonya Hill’s solid waste problem and for staff to resolve the issue. City of Denton City Council Minutes December 19, 2006 Page 10 E. 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. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. G. 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 7:35 p.m. ____________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ________________________________________ JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS