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Minutes March 7, 2006 CITY OF DENTON CITY COUNCIL MINUTES March 7, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 7,2006 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None Item #2 was considered. 2. The Council received a report, held a discussion and gave staff direction on a Public Art Policy. Janet Fitzgerald, Director of Parks and Recreation, stated that the draft public art policy would be presented at this meeting. She introduced the members of the committee that drafted the policy. The process was started in November at the direction of Council to draft the policy. In December the task force began meeting. The proposed draft policy was modeled after a policy from Arlington County, Virginia. Roni Beasley, Chair-Public Art Policy Development Task Force, reviewed the procedures that the task force followed to reach the draft policy. Those procedures included intent and purpose of the task force, a definition of public art, the procedures for policy administration, role of the committee, other major components including community involvement, site selection criteria, project eligibility, art and artist selection, ownership and copyright, maintenance, accessioning, deaccessioning and resiting, temporary exhibits, and a lending policy. Jerry Mohelintzky, Task Force member, spoke on public funding. Suggested funding sources were divided into CIP funding, hotel occupancy tax revenues, and tax abatements. State and federal funding might also be available. Private funding included grants, foundations, and contributions from individuals, businesses and organizations. Council discussion - . Consider a sliding scale formula similar to the HOT funds rather than a fixed percentage. . The purpose of the proposal was to establish a formula/program for funding for public art. The Council needed to commit to funding for the program. . Why would the Committee act as a subset of the Parks Board rather than be a freestanding committee? Beasley replied that the Parks Board would have the task of installing and maintaining the pieces so input from that Board would be essential. . Why were nine members suggested instead of seven as other council boards? Beasley replied that nine members would allow for some appointments from the arts community with expertise in the arts. . Change the wording to "Council appointments" rather than "individual appointments. . Consider whether the Committee needed direct line to council for decision-making - Fitzgerald stated that the majority of the art would be on public property maintained and managed by the Parks Department. It was felt that the Committee needed to follow that chain of command. The Committee would be able to submit a minority report to council if the Parks Board did not approve a piece of art. City of Denton City Council Minutes March 7, 2006 Page 2 . GDAC was indicated as the arts representative of the city. Was that officially approved anywhere. Beasley stated that the policy was recognizing the role of GDAC in policy and selection of art for the city. Consensus of Council was to proceed with the recommendation. Council returned to the regular agenda order. 1. The Council received a report, held a discussion and gave staff direction concerning the establishment of a City Council Ad Hoc Development Review Committee. Interim City Manager Martin stated that Council had requested this item and staff had placed information in the backup for Council consideration and direction. Council discussion - . Formation of the committee would help compress the time frame for council consideration of the Code review. . This committee would help analyze the review of the code. . Council Member Mulroy and Mayor Pro Tem McNeill volunteered to be on the committee. . A nominating committee made up of Council Members Mulroy and Kamp and Mayor Pro Tem McNeill would make recommendations to the entire council for the remaining members. Consensus of the Council was to proceed with formation of the committee. 3. The Council received a report, held a discussion and gave staff direction on possible amendments to requirements for parking in front of buildings and to criteria for Alternative Development Plans (ADPs). Kelly Carpenter, Director of Planning and Development, stated that currently the Code required parking behind or beside a building and not in front of the building. There had been eleven or twelve alternative development plans that had requested parking in front of the building. She presented visuals on how parking might look if allowed in front of buildings. Landscaping requirements might include a 15 foot landscaping area, 18 feet of first row of parking, a 24 foot drive aisle, 18 feet of second row of parking, 5 feet of walkway and 5 feet landscape area in front of building which could be paved if pots or planters were incorporated. Another challenge with an alternative development plan was a speculative development project that did not know what was going to be developed on each parcel. Consensus of the council was to continue with the process. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for March 7,2006. City of Denton City Council Minutes March 7, 2006 Page 3 Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider 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. Consulted 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, 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. 2. Consulted with the City's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the International Association of Fire Fighters Local 1291, pursuant to Texas Local Government Code sec. 142.101, et seq. A private caucus on this topic is specifically authorized by Texas Local Government Code 142.113(b), and public discussion would otherwise conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 3. Received legal advice from the City Attorney regarding the Award of Special Commissioners and procedural options in condemnation proceedings styled The City of Denton, Texas v. Julian Chavez, et aI., Cause No. ED-2004-00088 pending in the Probate Court of Denton County, Texas. Regular Meeting of the City of Denton City Council on Tuesday, March 7,2006 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. City of Denton City Council Minutes March 7, 2006 Page 4 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock presented the following proclamations: Professional Social Work Month American Red Cross Month 3. CONSENT AGENDA Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. 2006-068 - An ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton Amendment No.2 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport, and declaring an effective date. The Airport Advisory Board recommended approval (5-0.) B. R2006-007 - A resolution of the City Council of the City of Denton, Texas, adopting Section 33.11 of the Texas Property Tax Code; providing for imposing an early collection costs penalty for taxes imposed on personal property; and providing an effective date. C. Approved tax refunds for the following property taxes: Name Reason Tax Amount Year 2. 2005 $19,764.87 4. Sybra Inc/ Arb 's 2005 $11,035.70 6. Sybra Inc/ Arb 's 2005 $ 5,011.79 8. First Horizon Home Loans Erroneous Payment 2005 $ 1,211.32 D. 2006-069 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of HDPE Pipe and Accessories for the City of Denton Solid Waste Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3448 - Annual Contract for HDPE Pipe and Accessories awarded to the lowest responsible bidder, Forrer Supply Company, Inc. in the annual estimated amount of $30,000). The Public Utilities Board recommended approval (5-0). City of Denton City Council Minutes March 7, 2006 Page 5 E. 2006-070 -- An ordinance accepting competitive bids and awarding a two year contract for the purchase of Manual PME 9,10 and 11 Padmounted Switchgear; providing for the expenditure of funds therefor; and providing an effective date (Bid 3457 - Two Year Contract for Manual PME 9,10 and 11 Padmounted Switchgear awarded to the lowest responsible bidder, Priester Supply, in the annual estimated amount of $255,119). The Public Utilities Board recommended approval (5-0). F. 2006-071 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of Waterford Series Decorative Streetlight Poles; providing for the expenditure of funds therefor; and providing an effective date (Bid 3460 - Three Year Contract for Waterford Series Decorative Concrete Streetlight Poles awarded to Lonestar Prestress Manufacturing, Inc. in the annual estimated amount of $69,000). The Public Utilities Board recommended approval ( 5-0). G. 2006-072 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of Automatic Meter Reading System; providing for the expenditure of funds therefor; and providing an effective date (Bid 3449- Three Year Contract for Automatic Meter Reading System awarded to the lowest responsible bidder meeting specifications for each item in the annual estimated amount of$106,840). The Public Utilities Board recommended approval (5-0). H. 2006-073 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Irrigation Parts and Supplies; providing for the expenditure of funds therefor; and providing an effective date (Bid 3464 - Annual Contract for Irrigation Parts and Supplies awarded to Longhorn Supply Inc. in the estimated amount of $64,000). I. 2006-074 - An ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Malcolm Pirnie, Inc. to provide engineering services for the preliminary design of the Lake Lewisville Water Treatment Plant Upgrade; authorizing the expenditure of funds therefor; and providing an effective date (File 3430 in an amount not to exceed $200,000). The Public Utilities Board recommended approval (5-0). J. 2006-075 - An ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association; approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 3473 - Agreement with North Texas Umpire Association in the amount of $40 per game for an estimated award of $44,000). K. 2006-076 - An ordinance approving the extension of an agreement between the City of Denton and the Historical Park Foundation of Denton County, Inc., for the payment and use of hotel tax revenue; and providing an effective date. City of Denton City Council Minutes March 7, 2006 Page 6 L. R2006-008 - A resolution allowing Tejas Storytelling Association to be the sole participant allowed to sell alcoholic beverages in the Civic Center Park at the Texas Storytelling Festival on March 31 - April 2, 2006, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommended approval (5-0). M. 2006-077 - An ordinance of the City of Denton, Texas authorizing payment of the award of special commissioners into the registry of the court in condemnation proceedings styled The City of Denton, Texas v. Julian Chavez, et ai, Cause No. ED-2005-00088 pending in the probate court of Denton County, Texas; and declaring an effective date. N. Approved the minutes of: February 6, 2006 February 7, 2006 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding an amendment to Subchapter 4 of the Denton Development Code, concerning the Development Review Committee. The Planning and Zoning Commission recommended approval (5-0). (DCA05-0013, Amendment to 35.4.4 Development Review Committee. Kelly Carpenter, Director of Planning and Development stated that the proposal was housekeeping in nature to complete a sentence left out in the original ordinance. 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. 2006-078 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.4 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE DEVELOPMENT REVIEW COMMITTEE; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (DCA05-0013) Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council continued a public hearing and considered adoption of an ordinance regarding an Alternative Development Plan for a proposed Retail and Office development on City of Denton City Council Minutes March 7, 2006 Page 7 approximately 25 acres. The subject property was generally located on the Northwest corner of University Drive and Old North Road intersection. The property was located in a Neighborhood Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G) zoning district. The purpose of the Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommended approval with conditions (7-0). (ADP05-0008, The Shops at Old North) Kelly Carpenter, Director of Planning and Development, stated that staff had met with the developer regarding revisions to his alternative development plan relative to the expectations of the framework of an alternative development plan. The applicant had submitted an amended alternative development plan on December 9, 2005 which staff recommended denial. The revised ADP specifically stated that it was applicable to parking in front of buildings only; the site plan also included several additional elements that were potentially not compliant with landscaping, parking, and circulation. The Planning and Zoning Commission, at its meeting of January 11, 2006, recommended approval for two rows of parking between the building and the street with the conditions to provide a three-foot high berm along University Drive frontage outside the eight-foot easement, provide a three foot high hedge along University Drive frontage outside the eight-foot easement and planted in front of the berm, and provide a 12.5 foot landscape area in addition to the required 10 feet wide landscape area planted with one large tree for every 40 linear feet. After a meeting on February 21,2006 the applicant submitted a revised ADP showing reduced parking spaces but still exceeding code maximums by 29 spaces and continued to include several additional elements that were potentially not complaint with landscaping, circulation and driveway standards. Council discussed whether the site plan presented showed multiple plots or one lot. Carpenter indicated the preliminary plan was for multiple lots. The Mayor indicated that the public hearing would continue at this point. Thomas Glendenning - representing the developer - spoke in favor of the proposal. Having the two rows of parking already approved was good marketing for the proposed development. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-079 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 25 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY DRIVE AND OLD NORTH ROAD INTERSECTION, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, AND A COMMERCIAL MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR THE LIMITED PURPOSE OF ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE City of Denton City Council Minutes March 7, 2006 Page 8 MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP05-0008) Mulroy motioned to approve for parking as shown only - no other items. City Attorney Snyder requested a clarification of the parking. Carpenter stated it was two rows of parking in the front of the building plus the Planning and Zoning Commission's conditions. Mulroy clarified the motion to include the two rows of parking but that the parking count would include all parking plus the conditions from the Planning and Zoning Commission. This would capture the total count for parking. Kamp seconded the motion. City Attorney Snyder asked if the motion was for the exact parking configuration as shown. Mulroy indicated that if a wholesale change was needed, it should return to the Council for approval. The staff would be able to make minor changes administratively. On roll vote, Heggins "aye", Kamp "aye", McNeill "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 approving the acquisition of professional audit services for the review of royalties paid to the City of Denton for gas well leases within the City of Denton; authorizing the City Manager or his designee to execute a professional services agreement with Diversified Utility Consultants, Inc.; authorizing the expenditure of airport gas well revenues for the audit of airport gas wells; authorizing the expenditure of additional funds for audit services subject to the City Manager's approval; and providing an effective date. The Airport Advisory Board recommended approval (6-0). Mark Nelson, Chief Transportation Officer, stated that this item was for a professional services contract for a review audit of all producing gas wells in the city of Denton. The Airport Advisory Board had reviewed the airport portion of the contract. Staff was recommending a review of all gas wells operated for the city. The following ordinance was considered: NO. 2006-080 AN ORDINANCE APPROVING THE ACQUISITION OF PROFESSIONAL AUDIT SERVICES FOR THE REVIEW OF ROYAL TIES PAID TO THE CITY OF DENTON FOR GAS WELL LEASES WITHIN THE CITY OF DENTON; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC.; City of Denton City Council Minutes March 7, 2006 Page 9 AUTHORIZING THE EXPENDITURE OF AIRPORT GAS WELL REVENUES FOR THE AUDIT OF AIRPORT GAS WELLS; AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS FOR AUDIT SERVICES SUBJECT TO THE CITY MANAGER'S APPROVAL; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered nominations/appointments to the City's Boards and Commissions. No nominations/appointments were made at this time. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Tomasa Garcia regarding Federacion Latino-Americana de Futbol Soccer. Ms. Garcia presented concerns regarding the Federacion Latino-Americana de Futbol Soccer Association. She had delivered to Council a memo regarding the problems with the Association. A formal organization had been formed to coordinate the different teams associated with the league. They now needed help from Council to become recognized by the Parks Department and to have access to the soccer fields, which currently they did not have. B. Robert Donnelly regarding tax credit apartments. Mr. Donnelly asked Council for explanation of a vote taken on June 7, 2005 expanding an existing tax credit apartment complex. The new development was too close to the existing development in violation of the regulations. C. Gerald DeMarsh regarding Police Department issues. Mr. DeMarsh was not present. D. Kent Bass regarding City Barge on Lake Lewisville. Mr. Bass stated that he owned a lot adjoining the city's intake on Lake Lewisville. He was trying to get the City to address the issue regarding the city's barge on Lake Lewisville. He was concerned that the barge was unsightly and creating a situation where it was impairing their ability to enjoy the lot. He was asking the City to move the barge to the east 100 feet to get it out of his line of vision. He had even offered to pay to have it moved. To this point he was not give a good reason not to move the barge. City of Denton City Council Minutes March 7, 2006 Page 10 Mayor Brock asked Mr. Bass if the barge was there when he purchased the property. Mr. Bass replied yes but he thought the City would move it if asked. E. Bob Clifton regarding City business. Mr. Clifton presented a slide show regarding the painting of the city's water towers. He presented pictures of his neighbor's yard and neighbor's dogs. There was no certificate of occupancy for living at the location where his neighbor was located. Animal Control should be able to assist with the dogs chained in the yard. F. Willie Hudspeth regarding concerns of Southeast Denton. Jordan Hudspeth stated that Eureka Park was dangerous due to the poison wood at the park. Hagar Hudspeth presented a video regarding a requested crossing guard at Woodrow and Morse Streets. Cars would not stop to let children cross the street. Lanisha Hudspeth spoke regarding the lack an African American firefighter in the city of Denton and presented a video clip from a speech by Martin Luther King, Jr. Willie Hudsepth spoke regarding the issues presented by his grandchildren. Why was there no crossing light in southeast Denton on Woodrow and Morse? He wanted his grandchildren to go to Eureka but could not due to the poison wood. He questioned again why there still was no African American firefighter in Denton. G. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudsepth spoke as noted above. H. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth spoke as noted above. I. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth spoke as noted above. D. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Mayor Brock requested a report on the progress to eliminate dumpsters on streets and sidewalks. 2. Mayor Brock requested an update on Western Blvd. City of Denton City Council Minutes March 7, 2006 Page 11 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. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of 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 8:00 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS