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October 3, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES October 3, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 3, 2006 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Deputy Mayor Pro Tern Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None 1. The Council received a report, held a discussion, and gave direction regarding the CIP Oversight Committee's recommendations. Mark Burroughs, Chair-CIP Oversight Committee, stated that there was a need for a lot of flexibility in the CIP program to adapt to changing situations. There was a need to recognize significant challenges dealing with severe overruns of costs of capital projects in this region. It was best to leverage funds as much as possible. A number of modifications were made due to these conditions. There were opportunities identified especially with the Highway 377 expansion. It appeared that the best usage was to include this project with the TxDot project and free up those funds to be reallocated within Denton. Cost overruns seem to be slacking somewhat as shown in new bids. Tolling for the Highway 121 project should provide significant funds for Denton County funding. The role of the Committee was to advise the Council and as projects were held up due to various funding reasons, it was important to have the Committee's recommendations to be able to use the funding to the best use. A question was raised if the Committee had a unanimous consensus regarding the recommendations. Burroughs replied yes. 2. The Council received a report, held a discussion and gave staff direction on the annexation of land 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; which may include without limitation an approximate 1199 acres tracts owned by Denton 288 LP. (A06-0005, Hills of Denton) Kelly Carpenter, Director of Planning and Development, stated that this was a voluntary annexation. She presented maps of the site location for Council to review and the proposed schedule of meetings for the annexation consideration. Consensus of the Council was to proceed with the voluntary annexation. 3. The Council received a report, held a discussion and gave staff direction related to abandoned trash and debris at the curb of vacant properties. Lancine Bentley, Area Program Manager, stated that neighborhood concerns regarding trash and debris left at the curb included giving the perception of neighborhood blight, spreading trash and debris, invited other violations and the length of time the problem persisted. Chapter 342 of the Texas Health and Safety Code and Chapter 20 of the Code of Ordinances regulated the current enforcement process. Both regulations provided for a 7-day abatement timeframe. The current abatement process was once a complaint was received, an inspector would investigate the complaint, issue a work order, contract removal with a private contractor and allow three days to clean the property. The property owners would then be invoiced for the contracted services. City of Denton City Council Minutes October 3, 2006 Page 2 Citations could be issued which could be paid or go to the Environmental Court for resolution. One potential option was to maintain the current 7 -day abatement period. Pros for this option would allow the City to write a citation, contract for a cleanup, invoice for the cleanup, and if necessary, file a lien. A negative for this option was that there could be the perception that the City was not being expedient in remedying the problem. A second option was to shorten the abatement period to a 5-day period. A positive for this option was that it could be a somewhat more expedient process. Negatives for this option were that it eliminated the City's ability to file a lien for non-payment of the contracted services per Chapter 342 of the Texas Health and Safety Code. With the shortened time frame a lien could not be filed against the property. A third option was to eliminate the abatement period. The positive for this option was that the trash and debris problem would be eliminated quickly. However, the negative with this option was that it would eliminate the City's ability to file a lien for non-payment of contracted services and could possibly increase costs. It also could be perceived as a service the City offered instead of a violation. Council discussion included: . Why was an outside contractor used? Bentley stated that a city crew could be used but that they currently contracted out both the mowing and cleanup services. . Were more violations found in rental property? Bentley replied correct. . Explore the possibility of changing the current electric deposit to a general deposit and retain it if the property had to be cleaned by city personnel for trash. . Not all customers had deposits on file, as a statement from a previous utility indicating they were good customers would take the place of a deposit. . The final objective was to keep trash from appearing on the curb at vacant properties. Consensus of the Council was to explore an option for quick removal and finance it through a general security deposit. 4. There were no requests for clarification of consent agenda items listed on the consent agenda for October 3, 2006. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5 :25 p.m. 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. Legal advice concerning land use legal issues including multi- family, fair housing, vested rights, development exactions, annexations, and takings issues. 2. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton City of Denton City Council Minutes October 3, 2006 Page 3 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. Regular Meeting of the City Council on Tuesday, October 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 McNeill presented proclamations for: Lions White Cane Day National Arts and Humanities Month Fire Prevention Week Charles V oellinger presented a petition to the Council regarding the saving of Fry Street. He stated the petition contained over 9000 signatures in an attempt to save an important part of the community. They did not want to see a plaque on the site where the historic building once stood. They encouraged the Council to extend the historic tax abatement to the new owners of the property. 3. CONSENT AGENDA A Comment Card was received from Robert Donnelly regarding Item 3C. He suggested placing the dollar amount of items on the Consent Agenda. He commented on the incidental fees associated with the lease. Thomson motioned, Heggins 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. City of Denton City Council Minutes October 3, 2006 Page 4 A. Approved tax refunds for the following property taxes: Name Reason Tax Amount Year 1. Coe, Edwin & AllysonlParker, DCAD Supplemental 2005 $2,256.40 Charles & Kathryn Change 2. Coe, Edwin & AllysonlParker, DCAD Supplemental 2004 $2,238.02 Charles & Kathryn Change 3. Parker, Charles & Kathryn DCAD Supplemental 2003 $2,088.52 Change 4. Coe, Edwin & AllysonlParker, DCAD Supplemental 2002 $2,015.73 Charles & Kathryn Change 5. Chase Home Finance/Ghaffari, Duplicate Payment 2005 $ 903.28 Hakimeh 6. Daugherty Homes Inc Overpayment 2005 $ 666.19 B. R2006-036 - A resolution of the City of Denton, Texas, adopting the City of Denton's 2007 State Legislative Program for the 80th Texas Legislature; providing a repealer; and providing an effective date. C. 2006-294 - An ordinance of the City of Denton, Texas approving a lease amendment between the City of Denton and FMP Denton, L.P., for the City Hall in the Golden Triangle Mall; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval ( 6-0). 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement between the City and Fred Moore Day Nursery School to provide for improvements to the childcare facility at 821 Crosstimber Street, Denton, TX 76205; authorizing the expenditure of funds therefore, not to exceed $195,000; and providing for an effective date. Barbara Ross, Community Development Administrator, stated that this ordinance would approve an agreement with Fred Moore Day Nursery School with CDBG funds to make improvements at the school. The following ordinance was considered: NO. 2006-295 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND FRED MOORE DAY NURSERY SCHOOL TO PROVIDE FOR IMPROVEMENTS TO THE CHILD CARE FACILITY AT 821 CROSSTIMBER STREET, DENTON, TX 76205; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, NOT TO EXCEED $195,000; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes October 3, 2006 Page 5 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. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas approving an agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract, authorizing the City Manager to execute the agreement and to expend funds with respect to the agreement; not to exceed $140,000; and providing for an effective date. Barbara Ross, Community Development Administrator, stated that the contract was home investment partnership money by HUD. The Corporation served as the community development organization as requested by the federal government. The following ordinance was considered: NO. 2006-296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION; PROVIDING FOR THE TERMS OF SAID CONTRACT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TO EXPEND FUNDS WITH RESPECT TO THE AGREEMENT; NOT TO EXCEED $140,000; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy 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. C. The Council considered adoption of an ordinance amending Ordinance No. 2006- 232 concerning amendments to the City Charter to correct a typographical error; providing a severability clause, providing an open meetings clause, and providing an effective date. Ed Snyder, City Attorney, stated that a minor typographical error had been found in the original ordinance but it did not impact any of the proposition wording. The following ordinance was considered: NO. 2006-297 AN ORDINANCE AMENDING ORDINANCE NO. 2006-232 CONCERNING AMENDMENTS TO THE CITY CHARTER TO CORRECT A TYPOGRAPHICAL ERROR; PROVIDING A SEVERABILITY CLAUSE, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes October 3, 2006 Page 6 McElroy 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. D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Robert Donnelly regarding city business. Mr. Donnelly stated that he appreciated the action taken by the City regarding the drainage work at a development site next to his property. The problem was that the drainage work they were doing did not meet code. There appeared to be a conflict between the Denton Development Code and the Drainage Criteria. He felt there was a need to follow the Code that was in existence. B. Bob Clifton regarding Denton Municipal Electric. Mr. Clifton presented information regarding the Denton Municipal Electric and the perceived corruption in city government. E. New Business The following items of New Business were suggested by Council for future agendas: . Deputy Mayor Pro Tern Mulroy asked for a report regarding an analysis of the cost per square footage and common area for City Hall in the Mall. . Council Member McElroy requested staff to check into Mr. Donnelly's concerns regarding the code differences. . Mayor Pro Tern Kamp asked for a report about the possibilities of a private entity being able to provide an animal shelter and donate it to the City. F. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. Interim City Manager Martin did not have any items for the Council. G. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes October 3, 2006 Page 7 With no further business, the meeting was adjourned at 7:10 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS