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September 12, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES September 12, 2006 After determining that a quorum was present, the City Council convened in a Special Called . Work Session on Tuesday, September 12, 2006 at 4:00 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, Montgomery, and Thomson. ABSENT: Council Member McElroy 1. Greater Denton Arts Council presentation by North Texas Business for Culture and the Arts. Mayor Pro Tem Kamp stated that several months ago, several members of the Council had attended a meeting dealing with culture and the arts. They were very impressed with the presentation and asked that it be presented to the Council. Pat Porter, North Texas Business for Culture and the Arts, stated that an economic impact study was started in 1990. It gathered data proving that the arts provided a positive hard solid economic impact on local economy. She indicated that it was projected that $4.8 million would impact the area from the responding agencies. The social impact of the arts in the community, arts contributions to the community, and impact on construction dollars/capital fundraising were reviewed by Ms. Porter. Council Member McElroy joined the meeting. Council suggested that more definitive data for the outlaying areas needed to be included in the economic impact of the arts. 2. The Council received a report, held a discussion, and gave staff direction regarding the 2006-07 Budget and the 2006-2011 Capital Improvement Program. Jon Fortune, Assistant City Manager, stated that he was available for questions on the budget or budget process. Council did not have any questions at this time. 3. The Council received a report, held a discussion and gave staff direction regarding the establishment of an ad hoc advisory committee to make recommendations concerning the City of Denton’s Sesquicentennial Celebration, including the appointment of members of such committee, a discussion of possible activities and other matters related thereto. Janet Fitzgerald, Director of Parks and Recreation, provided a report on the celebration. Staff was working with community agencies and organizations to put together a number of events for the five weeks in January. She reviewed those events indicating what would take place during each week. Mayor McNeill suggested that each council member nominate a member to the Committee. Those nominations would be voted on at the next Council meeting. City of Denton City Council Minutes September 12, 2006 Page 2 4. The Council received a report, held a discussion and gave staff direction on the annexation of land in the southeastern area of the City of Denton's extraterritorial jurisdiction on Teasley Lane and Old Alton Road legally described as a part of a 5.41 acre tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas, which may include without limitation an approximate 1.9-acre tract owned by Wild Mustang Crossing Ltd. (A06-0002, Corinth Substation) Kelly Carpenter, Director of Planning and Development, stated this was a request from TXU to voluntarily annex this property into the Denton city limits for their Corinth substation. An additional consideration was whether to annex surrounding property at the same time. Consensus of the Council was to proceed with voluntary annexation for TXU. Staff would gather information on whether or not the adjacent property owners would want to be annexed into the city. A caution was expressed to not muddy the voluntary TXU annexation with an involuntary annexation of surrounding property. Keep within the time frame for the TXU annexation. 5. 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 at the southwest corner of Hampton Road and Masch Branch Road intersection and legally described as Lot 2 of the Marriott Garden Addition according to the plat recorded as document number 97-R0041092 in the Plat Records of Denton County, Texas which may include without limitation an approximate 28.4215 acre tract owned by JVC Partners Inc., and land between such property and the current city limits that may be required to satisfy any requirements of Chapter 43 of the Local Government Code. (A06-0004, Marriott Garden Addition) Deputy Mayor Pro Tem Mulroy left the meeting with a potential conflict of interest. Kelly Carpenter, Director of Planning and Development, stated that an agreement dated December 4, 2001 with JVC Partners, Marriott Rental and the City provided that a breach of contract would occur if the property owner developed, constructed, or applied for a permit for uses beyond the uses included in the restrictive covenants. If such a breach happened, the City could, at its discretion, initiate voluntary annexation of the property. Staff had reviewed the agreement and the property and determined that the facilities on-site had been expanded beyond the original agreed upon terms. The property owners had been notified that they were in breach of the contract. Staff was requesting to proceed with a voluntary annexation of the property based on the breach of the contract. Mayor McNeill stated that Denton County did not object to the annexation. City Attorney Snyder stated that although this would be considered a voluntary annexation, it did not mean that the property owners could not object to the annexation. Consensus of the Council was to have Planning look into the other three parcels of adjacent property to determine whether or not the property owners would agree to be included in the rd voluntary annexation. Staff would provide an update to Council at the October 3 meeting. City of Denton City Council Minutes September 12, 2006 Page 3 Deputy Mayor Pro Tem Mulroy returned to the meeting. 6. The Council received a report, held a discussion, and gave staff direction regarding the amendment of an Economic Development Program Grant Agreement with Orix Hunt Denton Venture for the Denton Crossing development. Linda Ratliff, Director of Economic Development, stated that in November 2001, the City approved an Economic Development Program Grant Agreement with Hunt Properties to build the Denton Crossing shopping center. In January 2003, the ownership of the grant changed to Orix/Hunt Denton Venture and in October 2004 Orix/Hunt sold the center to Inland Western Denton Crossing but retained the rights of Grantee under the agreement. Orix/Hunt has asked to have the agreement updated, clarifying certain portions of the document to make it easier to sell in the open market by removing thresholds or requirements that had been met. After discussion on whether a precedent would be set in agreeing to these changes and the need to develop an agreement that could not be separated, Council consensus was that future 380 agreements would have contingencies to make sure it was enforceable. 7. Staff responded to requests for clarification of consent agenda items listed on the Consent Agenda for September 12, 2006. Mayor Pro Tem Kamp indicated that she would be pulling Item Q for separate consideration. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:10 p.m. to consider the items listed below under the Closed Meeting section of this agenda. 1. CLOSED MEETING: A. Consultation with Attorney – Under Tex. Gov’t Code §551.071. 1. Consultation 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 Tex. Loc. Gov't 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. 2. Consultation 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 Denton Police Officers Association, pursuant to Texas Local Government Code sec. 142.051, et seq. A private caucus on this topic is specifically authorized by Tex. Loc. Gov't Code 142.063(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. City of Denton City Council Minutes September 12, 2006 Page 4 3. Consultation with the City’s attorneys and receipt of legal advice regarding legal issues related to Mobility Plan amendments, including threats of litigation by affected property owners. Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 12, 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: Constitution Week Denton Heart Walk Day 3. CONSENT AGENDA Mayor Pro Tem Kamp requested that Item Q be pulled for separate consideration. Heggins motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolution with the exception of Item Q. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. Item Q was considered. Mayor Pro Tem Kamp, Deputy Mayor Pro Tem Mulroy and Council Member Montgomery left the meeting with a conflict of interest. McElroy motioned, Thomson seconded to approve Item Q. On roll vote, Heggins “aye”, McElroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. Mayor Pro Tem Kamp, Deputy Mayor Pro Tem Mulroy and Council Member Montgomery returned to the meeting. A. Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year 1.Victor Equipment Company Duplicate Payment 2005$30,348.69 2. Nicosia & 77 LP Duplicate Payment 2005 $ 2,404.93 3.Chase Home Finance/Long, Carol Overpayment 2005$ 1,502.75 4. Foutch, Patsy Duplicate Payment 2005 $ 535.27 City of Denton City Council Minutes September 12, 2006 Page 5 B. 2006-235 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of multipurpose paper for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3547 – Annual Contract for Multipurpose Paper awarded to the lowest responsible bidder, Xpedx, in the in the amount of $2.46 per ream of paper ($24.61/carton) for an annual estimated amount of $39,376). C. 2006-236 - An ordinance providing for the expenditure of funds for the emergency purchase of grit hauling and disposal services for the City of Denton Water Reclamation Plant in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3590 – Emergency Purchase of Grit Hauling and Disposal Services at Water Reclamation Plant awarded to Allied Waste Services in the estimated amount of $32,000). The Public Utilities Board recommended approval (5-0). (Addition of $6000 to existing contract due to unanticipated volume.) D. 2006-237 - An ordinance increasing the general expenditure authority of the City Manager and his designates to make routine expenditures of budgeted funds not to exceed $100,000, or such other amount as may be prescribed in a particular circumstance by a more specific ordinance, resolution, policy directive, or state law; and providing an effective date. E. 2006-238 - An ordinance of the City of Denton, Texas, authorizing the City Manager, the City Attorney, and the Risk Manager to settle claims not to exceed $100,000; and providing an effective date. The Audit/Finance Committee recommended approval (3-0). F. 2006-239 - 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 2352 68-gallon size recycling carts for the Solid Waste Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3556 – Interlocal Agreement for the Purchase of Recycling Carts for Solid Waste Department awarded to OTTO Environmental Systems, LLC in the amount of $120,498). The Public Utilities Board recommended approval (5-0). G. 2006-240 - An ordinance authorizing the City Manager to accept an Interlocal Agreement with the City of Fort Worth, Texas to authorize participation in various City of Fort Worth contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3589 – Interlocal Agreement with the City of Fort Worth, Texas). H. 2006-241 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of office supplies; providing for the expenditure of funds therefor; and providing an effective date (File 3592 – Interlocal Agreement for Office Supplies with Tarrant County awarded to Corporate Express of Texas in the estimated amount of $120,000). City of Denton City Council Minutes September 12, 2006 Page 6 I. 2006-242 - 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 a Ford F350 cab/chassis for the City of Denton Fire Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3596 – Interlocal Agreement for the purchase of one Ford F350 cab/chassis with H-GAC awarded to Philpott Ford in the amount of $28,251). (Funding for this purchase provided through the Texas Domestic Preparedness Assessment Grant program.) J. 2006-243 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of outgoing U.S. Mail Service; providing for the expenditure of funds therefor; and providing an effective date (Bid 3541 – Annual Contract for Mailing Service awarded to S & M Mail in an annual estimated amount of $60,000). The Public Utilities Board recommended approval (5-0). K. 2006-244 - An ordinance accepting competitive bids and awarding a contract for the rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3546 – Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $750,000). L. 2006-245 - An ordinance of the City Council of the City of Denton, approving guidelines for operation of the City of Denton Home Improvement Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. M. 2006-246 - An ordinance abandoning and vacating a 0.60 acre sanitary sewer easement from Foxworth-Galbraith Lumber Company to City of Denton recorded in Volume 501 Page 273, Deed Records of Denton County, Texas, and a 1.12 acre sanitary sewer easement from Dimension – Unicorn Lake Associates, Ltd. to City of Denton recorded in Volume 1744 Page 758, Real Property Records of Denton County, Texas, in the M.E.P. & P.R.R. Survey, Abstract No. 950; and declaring an effective date. The Public Utilities Board recommended approval (5-0). N. 2006-247 - An ordinance of the City of Denton, Texas authorizing the City Manager to pay the City’s annual dues to the American Public Power Association in the amount of $26,421.18; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (5- 0). O. Approved the minutes of: July 25, 2006 August 1, 2006 August 2, 2006 August 7, 2006 City of Denton City Council Minutes September 12, 2006 Page 7 P. R2006-033 - A resolution of the City Council of the City of Denton, Texas, amending resolution No. R2005-053 and endorsing the “Joint Recommendation for Regional Rail in North Central Texas” as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County Transportation Authority (DCTA) and the Fort Worth Transportation Authority (The T) that supports the concept of local option funding of public transit in the region by exempting an amount equal to the locally authorized transit sales tax from the 2% local sales tax cap; and declaring an effective date. (The Chair of the Mobility Committee recommended approval.) Q. 2006-248 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a grant agreement for $142,889 from the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary; and providing for an effective date. R. R2006-034 - A resolution appointing members to the Board of Directors of the North Texas Higher Education Authority; and declaring an effective date. 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance providing for an amendment to the Denton Mobility Plan. There were 17 proposed changes. (CA06-0004) The Planning and Zoning Commission recommended approval (6-0). The Mobility Committee recommended approval (3-0). Kelly Carpenter, Director of Planning and Development, stated that Item #2 (Mills Extension west), #4 (Milam Road), #8 (Mayhill Road realignment) and #12 (Creekdale to Ryan Road) had been removed from consideration at this time with additional research to be conducted and additional public meetings to be held on these proposals. Kamp motioned, Heggins seconded to exclude from the agenda of this meeting and not consider at this time Items #2, #4, #8 and #12. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. Carpenter continued with a discussion of detailed dates of the neighborhood meetings on the amendments. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Lloyd Smith, 1509 Swisher, Denton, 76209-speaking for Mr. Calhoun–against #2 on the plan Earl Hargrave, 750 Pipeline Court, #107, Hurst 76053, spoke for Mr. Calhoun who was against #2 on the plan Robert Donnelly, 3900 Quail Creek Road, Denton, 76209 - against #8 on the plan Shawn Carter, 6572 Ganzer Road, Denton, 76207 – in support of Ganzer Road City of Denton City Council Minutes September 12, 2006 Page 8 Todd LaSalle, 2055 Chinn Road, Denton, stated that his item had been taken off consideration for this meeting Don Dillard, 4900 Thanksgiving Tower, Dallas – item was removed from consideration Jannet and George Calhoun, 321 N. Mayhill Road, Denton, 76206 – opposition to #2 Carol Beckham, 2100 S. Mayhill Road. Denton, 76208 – in favor of #8 Khosrow Sadeghian, P.O. Box 50593, Denton, 76206 – wanted more to time to review proposals Richard Greb, 2100 South Mayhill, Denton, requested information on #8 and was in favor of the western location The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-249 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON, TEXAS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (CA06- 0004) Kamp motioned, Mulroy seconded to adopt the ordinance with the exception of Items #2, #4, #8, and #12. Those items would be studied further and brought back to Council when ready as opposed to the Planning and Zoning Commission. 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 regarding a 4.0-acre tract of land on the southwest corner of University Drive and Old North Road intersection. The items under consideration were: 1. Comprehensive Plan Amendment for approximately 4 acres of land from "Existing Neighborhoods/ Infill Compatibility" land use designation to "Community Mixed Use Centers” land use designation. The property is located at the southwest corner of the intersection of University Drive and Old North Road and is zoned Neighborhood Residential Mixed Use (NRMU) zoning district. (CA06-0007) The Planning and Zoning Commission recommended approval (5-0). 2. Rezoning of approximately 4 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Community Mixed Use General (CM-G) zoning district. The property is located on the southwest corner of the intersection of University Drive and Old North Road.(Z06-0012) The Planning and Zoning Commission recommended approval (5-0). City of Denton City Council Minutes September 12, 2006 Page 9 Kelly Carpenter, Director of Planning and Development, stated that the first item involved an amendment to the Comprehensive Plan to change the property from an existing neighborhood/infill compatibility land use designation to community mixed use centers land use designation. The proposal use would be compatible with the surrounding neighborhood. The second part of the request was to rezone the property to the community mixed-use general zoning district. The rezoning was compatible with the Denton Plan and the Development Code. The Mayor opened the pubic hearing. No one spoke during the public hearing. The Mayor closed the pubic hearing. The following ordinance was considered: NO. 2006-250 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS FOR 3.358 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND OLD NORTH ROAD, AND LEGALLY DESCRIBED AS TRACT 1 OF THE W. LLOYD SURVEY, ABSTRACT NUMBER 773, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (CA06-0006) Kamp 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. The following ordinance was considered: NO. 2006-251 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT TO A COMMUNITY MIXED USE GENERAL (CM-G) ZONING DISTRICT, ENCOMPASSING 3.358 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND OLD NORTH ROAD AND LEGALLY DESCRIBED AS TRACT 1, OF THE W. LLOYD SURVEY, ABSTRACT NUMBER 773, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (06-0012) Heggins motioned, McElroy 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. City of Denton City Council Minutes September 12, 2006 Page 10 C. The Council held a public hearing and considered adoption of an ordinance amending Subchapters 7 and 23 of the Denton Development Code relating to infill and redevelopment regulations.(DCA05-0005) The Planning and Zoning Commission recommended approval (7-0). Kelly Carpenter, Director of Planning and Development, presented the history of the infill regulations development. Staff had met with groups involved in potential infill, and the proposal had gone to the Planning and Zoning Commission for discussions and recommendations. The proposed amendments addressed tandem driveways, the waiving of sidewalk construction, allowed for zero lot line lots, did not waive impact fees for infill lots, set backs to be compatible with surrounding neighborhoods, proposed an infill development boundary and a more specific definition of infill. Council Member Montgomery asked for the number of potential infill sites of two acres or less. Carpenter indicated that there were approximately 500 sites at this time but nothing under development at this point. Carpenter continued that redevelopment had gotten into the mix with infill development. The focus was not on redevelopment but rather dealt with infill portions. If Council desired, the redevelopment portions could be removed from the proposed ordinance and dealt with separately. The provisions would still apply to parcels two acres or less in size on areas on the map. The Mayor opened the pubic hearing. The following individuals spoke during the public hearing: Mike Cochran, 610 West Oak, Denton, 76201 – opposed to ordinance Steven Friedson, 2044 W. Oak, Denton, 76201 – opposed to ordinance Mary Anderson, 924 W. Oak, Denton, 76201 – opposed to ordinance Elise Ridenour, 2044 W. Oak, Denton, 76201 – opposed to ordinance Raymond Redmon, 1029 E. Hickory, Denton, 76201–opposed to the ordinance Robert Stock, 5101 E. University, Denton, 76208 - opposed to impact fees Jim Engelbrecht, 2305 North Lake Trail, Denton, 76201- concerned about properties listed on the infill map. Khosrow Sadegbian, PO Box 50593, Denton, 76206 – suggested waive impact fee for infill development The Mayor closed the public hearing. Council Member Montgomery felt it would be best to not link infill and redevelopment. Council Member Thomson stated that he had a problem with infill fees. He would like to see energy efficient buildings and would be favor of reducing impact fees to encourage that type of development. He felt the Development Code provided for variances and every situation had a different spin. He agreed that redevelopment needed to be split from infill. City of Denton City Council Minutes September 12, 2006 Page 11 Council Member McElroy felt that while it was well intended, mixing redevelopment and infill was not good. Deputy Mayor Pro Tem Mulroy felt that there currently was no infill development as the current code was prohibitive due to the number of required variances. He also felt that the public process needed to be honored and the language revised for notice to neighbors. Redevelopment and infill needed to be separated. Mulroy motioned, Kamp seconded to postpone the proposal for eight weeks returning with a work session items. Staff would present documents reflecting comments made at the work session. 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 concerning amendments to the Denton Development Code regarding the processing and notice requirements for Alternative Development Plans (ADP’s) and Alternative Environmentally Sensitive Area Plans and review standards. (DCA06-00013) The Planning and Zoning Commission recommended approval (7-0). Kelly Carpenter, Director of Planning and Development, stated that the proposal amended the process for alternative development plans and alternative environmentally sensitive area plans. The proposal would use the Planning and Zoning Commission procedure for consideration and approval rather than the Zoning Amendment procedure, allowed the appeal of a decision of the Planning and Zoning Commission decision on an ADP by the applicant and the City Manager to the City Council, used the Zoning Amendment procedure for consideration and approval of an Alternative Environmentally Sensitive Area Plan, and clarified approval standards for ADP’s. 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. 2006-252 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTERS 3, 13, AND 17 OF THE DENTON DEVELOPMENT CODE, AS THEY RELATE TO REQUIRED PROCEDURES FOR CONSIDERATION AND APPROVAL OF ALTERNATIVE DEVELOPMENT PLANS; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2,000.00 PER DAY FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (DCA06-0013) Mulroy motioned, Montgomery seconded to adopt the ordinance as presented. 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 September 12, 2006 Page 12 E. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, denying the rate increase proposed by the Atmos Energy Corporation, Mid-Tex Division; requiring the reimbursement of municipal rate case expenses; finding that the meeting complies with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. City Attorney Snyder stated that this request had been previously suspended for 90 days. A consultant was hired by the group of cities who reviewed the proposed rate increase by Atmos and who recommended denial of that increase. If the affected cities did not deny the increase, it would automatically go into effect. Atmos could appeal the denial and place the request at the Railroad Commission. 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. 2006-253 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING THE RATE INCREASE PROPOSED BY THE ATMOS ENERGY CORPORATION, MID-TEX DIVISION; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. McElroy 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. F. The Council held a public hearing on a proposal to adopt a tax rate of .62652 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate. Jon Fortune, Assistant City Manager, stated that this was the first of two public hearings on the tax rate. The proposed tax rate was a 1.8-cent increase per $100 valuation. This increase would provide service enhancements for the city in terms of additional police officers, continued neighborhood viability through Code Enforcement officers, additional street maintenance materials and increased number of materials in the public libraries. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. City of Denton City Council Minutes September 12, 2006 Page 13 No action was required on this item. G. The Council held a public hearing and received citizen input on the 2006-07 proposed budget. Jon Fortune, Assistant City Manager, stated that the City was required to hold a public hearing on the proposed budget per state law. The Mayor opened the pubic hearing. The following individuals spoke during the public hearing: Chris Watts, 2216 S. Bonnie Brae, Denton - $80,000 to assess properties in Denton was not needed and the dollars could be better spent elsewhere. Bob Clifton, 730 Wainwright, Denton, 76201 – against the assessment of properties- budget was way out of line. The Mayor closed the public hearing. No action was required on this item at this point in time. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution of the City Council of the City of Denton, Texas announcing that it will vote on a tax rate at its regularly scheduled meeting of September 26, 2006; providing for publication of notice of such vote on the tax rate; and providing an effective date. Jon Fortune, Assistant City Manager, stated that this action would allow for the posting of the notice to vote on the tax rate. The following resolution was considered: NO. R2006-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY SCHEDULED MEETING OF SEPTEMBER 26, 2006; PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, McElroy seconded to approve the resolution. 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 providing for the expenditure of funds for paramedic training and certification for the staff of Fire Station 7 through North Central Texas College; and providing an effective date (File 3598 in an amount not to exceed $35,400) City of Denton City Council Minutes September 12, 2006 Page 14 Ross Chadwick, Fire Chief, stated that the ordinance would extend the partnership with NCTC for the training of staff at Fire Station 7. The following ordinance was considered: NO. 2006-254 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PARAMEDIC TRAINING AND CERTIFICATION FOR THE STAFF OF FIRE STATION 7 THROUGH NORTH CENTRAL TEXAS COLLEGE; 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. C. The Council considered a request for an exception to the Noise Ordinance for amplified sound on Sunday, September 17, 2006, for the Texas Bicycle Racing Association event hosted by the Greater Denton Sports Commission. The event will be held from 12:00 noon until 7:00 p.m. and will cover several of the downtown streets. Public address system will be used to make announcements and conduct the races. Janet Fitzgerald, Director of Parks and Recreation, stated that the Greater Denton Sports Commission was requesting the exception to the noise ordinance to allow for the use of a public address system on a Sunday for a bicycle race. Kamp motioned, Thomson seconded to approve the request. 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 considered adoption of an ordinance accepting a proposal and awarding a contract for a Utility Assistance Program for low-income households; providing for the expenditure of funds therefor; and providing for an effective date (RFP 3504 Utility Assistance Program awarded to Interfaith Ministries). The Public Utilities Board recommended approval (6-0). Barbara Ross, Community Development Administrator, indicated that this ordinance awarded a three-year contract for the city’s utility assistance program with Interfaith Ministries. The following ordinance was considered: NO. 2006-255 AN ORDINANCE ACCEPTING A PROPOSAL AND AWARDING A CONTRACT FOR A UTILITY ASSISTANCE PROGRAM FOR LOW-INCOME HOUSEHOLDS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes September 12, 2006 Page 15 Kamp 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. E. The Council considered appointing a nominating committee to develop a slate of appointees for the Economic Development Partnership Board. Linda Ratliff, Director of Economic Development, stated that Council needed to form a nominating committee to develop a slate of appointees for the Economic Development Partnership Board. There were five vacancies to fill on the board. The enabling ordinance called for two members from Council and one person from the Chamber to make up the nominating committee. Mulroy motioned to appoint Council Member Montgomery, Mayor Pro Tem Kamp and Sandra Robinson to the nominating board. 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 considered nominations/appointments to the City’s Boards and Commissions. Airport Advisory Board-Mayor McNeill did not have a nomination at this time. Planning and Zoning Commission - Council Member Heggins nominated Gloria Anderson. Mulroy motioned, Kamp seconded to suspend the rules in order to vote on the nomination at this meeting. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. On roll vote to appoint Gloria Anderson to the Planning and Zoning Commission, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. G. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Donna Woodfork regarding diversity in the City. Ms. Woodfork questioned the plan for diversity in the city and asked for an official apology for moving residents from the area of the now Civic Center Park. She wanted to meet with someone regarding how the properties were acquired to make sure the residents were paid appropriately. City of Denton City Council Minutes September 12, 2006 Page 16 B. Bob Clifton regarding City business. Mr. Clifton stated that he had reviewed charges made by employees on the City’s purchasing card system. He detailed charges that included food, airline tickets, uniforms, coffee, and others. C. Robert Donnelly regarding city business. Mr. Donnelly presented a follow-up on infill issues and code compliance with an adjacent development. The construction was still not code compliant with no public improvements being done in the development. H. New Business The following items of New Business were suggested by Council for future agendas: Mayor McNeill requested a report regarding the number of separate Public Information requests received in the last three months and the number of hours devoted to those requests. Mayor McNeill requested a Reading file memo regarding the City’s policy for uniforms for DME employees. Council Member Thomson, speaking as Chair of the Council Appointee Performance Review Committee, requested time on the next work session and council meeting to present George C. Campbell as a finalist candidate for city manager and to present and discuss contract terms pursuant to his hiring. Council Member McElroy requested an update to both of Mr. Donnelly’s reoccurring problems. I. 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 Council. J. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. K. 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 9:25 p.m. City of Denton City Council Minutes September 12, 2006 Page 17 ______________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS