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Minutes January 3, 2006 CITY OF DENTON CITY COUNCIL January 3, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 3, 2006 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Mayor Pro Tem McNeill 1. The Council received a report, held a discussion, and gave staff direction regarding construction of a new Denton Municipal Electric Administration and Engineering facility in an amount not to exceed $450,000. Jim Coulter, Director of Water and Wastewater, presented the details of the proposal. An Administration and Engineering Facility would be built to consolidate the Engineering Group for Water, Wastewater, Streets, and Drainage Operations. Combining the Engineering divisions with operations staff would increase overall departmental efficiency. The proposed facility would be located adjacent to the Spencer Operations Center. The Public Utilities Board had recommended approval. Council discussion included: The Spencer Operations Center was owned by DME but was not located in the city limits ? Coulter replied that the proposed facility would meet city standards like any other commercial building. Sharon Mays indicated that the property would be annexed into the city and would meet city standards. The cost per square footage seemed very low ? Mays replied that current city employees would do some of the work such as electrical and painting. Would there be green components to the building ? Mays replied correct, that the building would be energy efficient. Consensus of Council was to proceed as proposed. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for January 3, 2006. Consensus of the Council was to pull Item A from consideration in order to hold a work session discussion on the City?s organizational chart characteristics. 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: A. Consultation with Attorney ? Under Texas Government Code Section 551.071 1. 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, City of Denton City Council Minutes January 3, 2006 Page 2 under annexation case no. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, 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. Regular Meeting of the City of Denton City Council on Tuesday, January 3, 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 Mayor Brock presented a proclamation for Immaculate Conception Catholic School Day. 3. CONSENT AGENDA Mayor Brock indicated that Item A had been pulled from consideration. Heggins motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins ?aye?, Kamp ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. A. THIS ITEM WAS NOT CONSIDERED - a resolution revising Administrative policy 403.07 ?Debt Service Management? and providing for an effective date. B. 2006-001 - An ordinance approving an Extension of Personal and Professional Services Consulting Contract between the City of Denton and Herbert L. Prouty, LLP; authorizing the expenditure of funds; and providing an effective date. C. 2006-002 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of aquatic chemicals for the Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3425 ? Annual Contract for Purchase of Aquatic Chemicals awarded to the lowest responsive bidder for each item in the annual estimated amount of $70,000). D. 2006-003 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Southwest Booster Pump Station facility for City of Denton City Council Minutes January 3, 2006 Page 3 the City of Denton Water/Wastewater Utilities Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3410 ? Southwest Pump Station and Ground Storage Tank awarded to Red River Construction Co. in the amount of $4,703,000). The Public Utilities Board recommended approval (7-0). E. 2006-004 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Unicorn Lake-Denton State School brick screening wall; providing for the expenditure of funds therefor; and providing an effective date (Bid 3422 ? Unicorn Lake-Denton State School Brick Screening Wall Improvement Project awarded to Calvert Paving Corp. in the amount of $98,000). F. Approved the minutes of: December 5, 2005 December 6, 2005 December 13, 2005 G. 2006-005 - An ordinance of the City of Denton, Texas providing for the amendment and correction of the Schedule of Miscellaneous Fees, Deposits, Billings and Procedures for Administrative Services to City Customers and Taxpayers contained in Ordinance No. 2005-254 regarding delinquent service charges only; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (7-0). H. 2006-006 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for Architectural or Engineering Services by and between the City of Denton, Texas and Birkhoff, Hendricks & Conway, L.L.P. for engineering services associated with the repainting and rehabilitation of the high school elevated storage tank in the amount of $99,610; providing for the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (7-0). I. 2006-007 - An ordinance of the City Council of the City of Denton, Texas amending Chapter 2, Article IV, Division 2 ?City Owned Real Property? of the Code of Ordinances of the City of Denton, Texas; providing a severability clause; and providing an effective date. 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 0.713 acres from a Neighborhood Residential Mixed Use (NRMU-12) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The subject property was located at the northwest corner of Westway and Anna intersection. The Planning and Zoning Commission recommended approval (6-1). (Z05-0027, Point Bank) City of Denton City Council Minutes January 3, 2006 Page 4 Kelly Carpenter, Director of Planning and Development, stated that Point Bank was proposing to remodel the two lots they purchased and rezone them to a Neighborhood Residential Mixed use with an overlay district. The overlay would limit the uses to professional offices and services. A proposed site plan had been submitted but was not to be considered at this meeting. Council discussed the reasoning for the change in zoning and the loss of part of the landscaping requirements. Carpenter replied that the change in zoning would allow an increase in lot coverage from 60% to 80%. The Mayor opened the public hearing. David Fuller, Point Bank, spoke in favor of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-008 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 2.63 ACRES, GENERALLY LOCATED 150 FEET EAST OF CARROLL BLVD. AND NORTHWEST OF THE INTERSECTION OF WESTWAY STREET AND ANNA STREET LEGALLY DESCRIBED AS LOTS 4, 5, 6, & 7 IN THE T. N. SKILES SUBDIVISION, IN THE CITY OF DENTON, 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. (Z05- 0027). Mulroy motioned, Thomson seconded to adopt the ordinance with the overlay district restricting uses to professional services and office uses only as proposed by the Planning and Zoning Commission with the additional conditions of a height restriction of 25 feet, maximum lot coverage of 75% and the floor area of the building footprint not to exceed 2,600 feet. On roll vote, Heggins ?aye?, Kamp ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. B. The Council held a public hearing and considered adoption of an Alternative Development Plan for a proposed laundry on approximately 0.40 acres. The subject property was generally located at the northeast corner of McKinney Street and Wood Street intersection and in a Neighborhood Residential Mixed Use (NRMU) zoning district. The Planning and Zoning Commission recommended approval (7-0). (ADP04-0007, Klement Laundry) Kelly Carpenter, Director of Planning and Development, stated that the Council had already approved three variances and one rezoning of a portion of the property. The applicant was proposing to deviate from the site design standards concerning parking areas located in front of City of Denton City Council Minutes January 3, 2006 Page 5 the building. Proposed mitigation included supplying additional landscaped area and supplying additional tree canopy. A three-foot high decorative wrought iron fence would be built for right- of-way screening. The additional landscape area and tree canopy would meet the intent of the regulations of the Development Code by supplying a streetscape along McKinney Street. The Mayor opened the public hearing. Larry Reichhart, representing the petitioner, spoke in favor The Mayor closed the public hearing The following ordinance was considered: NO. 2006-009 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 0.40 ACRES OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF MCKINNEY STREET AND WOOD STREET INTERSECTION, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP04-0007) Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 20 acres of land, from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district with an overlay district and located approximately 2600 feet south of Brush Creek Road and east of Fort Worth Drive. The Planning and Zoning Commission recommended approval (7-0). (Z05-0029, Argyle United Methodist Church) Kelly Carpenter, Director of Planning and Development, stated that the request was to rezone approximately 20 acres from NR-2 to NRMU zoning district with an overlay district with a restriction for a church use only. The applicant proposed at least 60% lot coverage and 65 foot structure height. NRMU zoning would allow 80% lot coverage and structure up to 65 feet high. The overlay district was included as NRMU allowed for some commercial uses and the overlay would restrict the use to a church only. The Mayor opened the public hearing. Kelly Gomez, KRG Civil Engineering, spoke in favor of the proposal. The Mayor closed the public hearing. City of Denton City Council Minutes January 3, 2006 Page 6 The following ordinance was considered: NO. 2006-010 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE 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 ONLY ALLOWING CHURCH FACILITIES FOR APPROXIMATELY 20 ACRES OF LAND LOCATED APPROXIMATELY 2600 FEET SOUTH OF BRUSH CREEK ROAD TO THE EAST OF FORT WORTH DRIVE AND LEGALLY DESCRIBED AS TRACTS 3,4,5, 2A, 3A, 4A, 5A, 5B, 6 AND PORTION OF TRACT 1 OF THE WM. HUDSON SURVEY AND A PORTION OF TRACT 2C OF THE HAGOOD SURVEY IN THE CITY OF DENTON, DENTON COUNTY, TEXAS ; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0029) Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending portions of Section 35.13.7 of the Denton Development Code, defining professionals qualified to submit tree inventories; providing for a penalty clause with a maximum amount of $2,000.00 for violations thereof; and providing an effective date. The Planning and Zoning Commission recommended approval (7-0). The City Council Tree Subcommittee recommended approval. (DCA05-0007, Tree Preservation Ordinance 35.13.7) Kelly Carpenter, Director of Planning and Development, stated the Code currently allowed certain professionals to submit tree inventories for the purpose of the tree preservation ordinance. The amendment proposed to add registered land surveyors to the list of qualified professionals qualified to submit tree inventories as 8 hours of additional training had been added the requirements for certification of land surveyors. 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. 2006-011 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SECTION 35.13.7. OF THE DENTON DEVELOPMENT CODE, DEFINING City of Denton City Council Minutes January 3, 2006 Page 7 PROFESSIONALS QUALIFIED TO SUBMIT TREE INVENTORIES; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (DCA05- 0007) Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance authorizing the Mayor to approve a first amendment to that certain Economic Development Program Grant Agreement with Teasley Partners, Ltd. to extend the dates of substantial completion of the improvements covered by the grant agreement from December 31, 2005 to December 31, 2006; and providing an effective date. The Economic Development Partnership Board recommended approval (4-0). Linda Ratliff, Director of Economic Development, stated that Teasley Partners had a Chapter 380 agreement with the City. Due to delays with construction of the Holiday Inn and the withdrawal of the theatre project, additional time was required to complete the improvements in accordance with the Base Agreement. A twelve month extension was proposed in order to complete the project. The following ordinance was considered: NO. 2006-012 AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE A FIRST AMENDMENT TO THAT CERTAIN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH TEASLEY PARTNERS, LTD. TO EXTEND THE DATES OF SUBSTANTIAL COMPLETION OF THE IMPROVEMENTS COVERED BY THE GRANT AGREEMENT FROM DECEMBER 31, 2005 TO DECEMBER 31, 2006; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. B. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas providing for the City?s adoption of the Clean Fleet Vehicle Model Ordinance proposed by the Regional Transportation Council which is the Regional Transportation Policy body associated with the North Central Texas Council of Governments; providing for an effective date. The Environmental Committee and the Mobility Committee recommended approval. Mark Nelson, Chief Transportation Officer, stated that the Regional Transportation Council?s strategy was to recommend and encourage local governmental entities to adopt a clean fleet vehicle model ordinance. It was the RTC?s recommendation that all future vehicle funds for City of Denton City Council Minutes January 3, 2006 Page 8 government entities would be reserved for only those entities that adopted and complied with the model ordinance. The Council?s Committee on the Environment had recommended approval of the ordinance as well as the Council?s Mobility Committee. The following ordinance was considered: NO. 2006-013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE CITY?S ADOPTION OF THE CLEAN FLEET VEHICLE MODEL ORDINANCE PROPOSED BY THE REGIONAL TRANSPORTATION COUNCIL WHICH IS THE REGIONAL TRANSPORTATION POLICY BODY ASSOCIATED WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; PROVIDING FOR AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. B. Gerald DeMarsh regarding the Police Department. Mr. DeMarsh stated that he had a damage suit against the City of Denton involving the Municipal Judge. The Municipal Judge did not allow him to represent himself in a court of law. He had a lawsuit in the U.S. Supreme Court stemming from a ticket he received from not wearing a seat belt. C. Carolyn Phillips regarding community development and elderly black homeowners. Ms. Phillips was not present at the meeting. D. New Business The following items of New Business were suggested for future agendas: 1. Mayor Brock requested a written report regarding cities that impounded autos with no insurance. 2. Council Member Montgomery requested information on water conservation during the drought. City of Denton City Council Minutes January 3, 2006 Page 9 3. Council Member Heggins requested information on a smoking ban in public eating places. 4. Mayor Brock suggested some type of information be sent out regarding the danger of throwing cigarette butts from cars. E. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Interim City Manager Martin did not have any items for Council. F. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:36 p.m. _____________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS