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September 26, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES September 26, 2006 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Tuesday, September 26, 2006 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, and Thomson. ABSENT: Council Member Montgomery 1. Presentation from the Historic Landmark Commission regarding the Fry Street Small Area Plan. Julie Glover, Downtown Area Manager, stated that the Historic Landmark Commission was seeking Council direction on providing historic tax abatement incentives for properties located on Fry Street. An amendment of the current ordinance would be required. Mayor McNeill stated that these incentives would be available for properties located on Fry Street area near UNT. Glover stated that property owners would have to request this abatement each year. There would be no obligation on the property owner to request the abatement. Mayor McNeill suggested having a separate ordinance for Fry Street incentives instead of combining them with the Central Business District. Consensus of the Council was to hold a work session on the pros and cons on developing such an ordinance. 2. Presentation from the Convention and Visitors Bureau regarding Denton Live.com as the official calendar for Denton events. Kim Phillips, Convention and Visitors Bureau, stated that Denton Live.com was strictly a calendar for the city as a resource for individuals planning an event in Denton. She was asking Council to formally recognize this site as the master calendar for events in the City of Denton. Mayor McNeill asked about the process to get events on the calendar. Phillips indicated that it was a free service as long as the event was open to the public. The event could be either a free event or have paid admission. It also had to be within the specific Denton area. City Attorney Snyder suggested that Council approve the process with a resolution and allow his department to review the proposal to make sure it was legal to do. Deputy Mayor Pro Tem Mulroy requested written criteria to be followed. Consensus of the Council was to have Legal review the proposal. City of Denton City Council Minutes September 26, 2006 Page 2 3. The Council received a report, held a discussion and gave staff direction regarding the 2007 state legislative program of the City of Denton, for the 80th Texas Legislature. John Cabrales, Public Information Officer, stated that the state legislative program was included in agenda backup. Key legislative issues had been identified by Council and staff. It was recommended that resolutions be submitted to TML regarding beneficial reuse and special districts in a city’s ETJ for consideration at their annual conference. Consensus of the Council was to proceed with the development of a resolution to formally adopt the key legislative issues. The City would also investigate and coordinate with UNT, TWU and DISD for joint issues. 4. The Council held a discussion and gave staff direction regarding the 2007 Council meeting schedule. Jennifer Walters, City Secretary, presented the information for the 2007 Council meeting schedule. 5. There were no requests for clarification of consent agenda items listed on the consent agendas for September 26, 2006. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:10 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 Section551.071. 1. Considered and discussed status of litigation styled Kisko v. City of th Denton,Cause No. 2006-50265-367, currently pending in the 367 District Court, Denton County, Texas. 2. Consultation with the City’s attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City’s northern ETJ, under annexation case no. A05-0002, along with other legal issues related to the annexation, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. City of Denton City Council Minutes September 26, 2006 Page 3 3. Legal advice concerning land use legal issues including multi-family, fair housing, vested rights, development exactions, annexations, and takings issues. B. Deliberations regarding real property – Under TEXAS GOVERNMENT CODE Section 551.072, Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section 551.071. 1. Deliberated the purchase and value of real property interests for the fee acquisition of approximately 64 acres in the James Edmondson Survey, Abstract Number 401 and deliberate the purchase and value of real property interests for the fee acquisition of approximately 200 acres in the B.B.B. & C.R.R Co. Survey, Abstract 160, both being generally situated in the South Bonnie Road – Roark Branch area, all or part of which may be acquired for a public purpose, and receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition of such real property interests. Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 26, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. September Yard-of-the-Month Awards Mayor McNeill presented the September Yard of the Month awards to: Robin Johnson Jim and Lynn Kersten Debby and Chris Pepper Opal Davis Bill and Nancy Kamman Jane Bryant - Watersmart Yard 3. BUDGET ITEMS FOR CONSIDERATION A. The Council considered adoption of an ordinance adopting the Budget and the first year of the Capital Improvement Program of the City of Denton, Texas for the fiscal year beginning on October 1, 2006 and ending on September 30, 2007; and declaring an effective date. City of Denton City Council Minutes September 26, 2006 Page 4 Jon Fortune, Assistant City Manager, stated that there would be one presentation for the four budget items. The proposed budget was a product of many months of hard work with staff, Council and the Audit/Finance Committee. The proposed budget met the needs of a growing community plus provided for several enhancements. Those enhancements included additional police officers, police staff, additional materials for the libraries, street materials and code enforcement officers. The following ordinance was considered: NO. 2006-257 AN ORDINANCE ADOPTING THE BUDGET AND THE FIRST YEAR OF THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF DENTON, TEXAS FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2006 AND ENDING ON SEPTEMBER 30, 2007; AND DECLARING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. B. Council considered adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas for the year 2006, on all taxable property within the corporate limits of the city on January 1, 2006, not exempt by law; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. The following ordinance was considered: 2006-258 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS FOR THE YEAR 2006, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2006, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. McElroy motioned that property taxes be increased by the adoption of a tax rate of $0.62652 on each $100 assessed value of all taxable property, Heggins seconded. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. City of Denton City Council Minutes September 26, 2006 Page 5 C. The Council considered adoption of an ordinance of the City of Denton, Texas approving the 2006 Tax Rolls; and providing an effective date. The following ordinance was considered: NO. 2006-259 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE 2006 TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. D. Budget Consent: Mulroy motioned, McElroy seconded to adopt the Budget Consent and accompanying ordinances. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. 1. 2006-260 - An ordinance amending the schedule of water rates contained in Ordinance No. 2005-251 for water service rates and water rates; amending the residential water service (Schedule WR); by the addition of a residential water irrigation rate (WRI); adding a commercial irrigation rate (WCI); amending the commercial/industrial water service rates (Schedule WC); amending the wholesale raw water service rate to Upper Trinity Regional Water District (Schedule WRW); amending the wholesale raw water pass-through rate to Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); adding a special conditions rider; providing for a repealer; providing for a severability clause; and providing for an effective date. 2. 2006-261 - An ordinance amending the schedule of wastewater rates contained in Ordinance No. 2005-252 for wastewater service; amending the residential wastewater service rate by adding a wastewater volume maximum (Schedule SR); amending the grass/brush/leaves rate (Schedule GBL); adding a special conditions rider; providing for a repealer; providing for a severability clause; and providing for an effective date. 3. 2006-262 - An ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance Number 2005-253 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the provisions of Sections 26-3, 26- 4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service; amending the residential solid waste collection services schedule (Schedule SWR); changing the name of the residential recycling and processing services rate schedule to the residential recycling rate schedule (Schedule SWRR); removing the residential financial need discount rate schedule (Schedule SWRD); adding the multi-family chemical City of Denton City Council Minutes September 26, 2006 Page 6 collection/recycling schedule (Schedule MFR); amending the commercial solid waste collection services schedule (Schedule SWC); adding the collection and transportation services permit schedule (Schedule SWP); amending the sanitary landfill services schedule (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date. 4. 2006-263 - An ordinance of the City of Denton, Texas providing for the amendment to the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city customers and taxpayers contained in Ordinance No. 2005-254 and also as amended during previous FY 2005-2006; by amending the electric meter installation charge; canceling the electric and water meter connection charge by instead adding the meter connection charge and the meter reconnection charge; providing for a repealer; providing for a severability clause; and providing for an effective date. 5. 2006-264 - An ordinance of the City of Denton, Texas providing for the payment of inspection services fees to the City of Denton for public improvements constructed by developers, related to private development; providing for the superseding of ordinances in conflict with this ordinance; providing an effective date. 6. 2006-265 - An ordinance of the City of Denton, Texas amending the schedule of rates contained in Ordinance No. 2005-250 for electric service; amending residential service rate (schedule RES): amending residential renewable service rate (Schedule RG): amending general service small rate (Schedule GSS): amending general service medium rate (Schedule GSM): amending general service large rate (GSL): amending general service time of use rate (Schedule TGS): amending local government service rate (Schedule GL): amending weekend service rate (Schedule WK): amending athletic field rate (Schedule AF): amending street lighting rate (schedule LS): amending traffic lighting rate (Schedule LT): amending other lighting rate (Schedule LO): amending security lighting rate (Schedule DD): amending downtown decorative lighting rate (Schedule DDL): amending decorative street lighting rate (Schedule DSL): amending temporary service schedule (Schedule T1): amending industrial development rider (Schedule IDR): amending energysave program (Schedule EP); amending the energy cost adjustment (Schedule ECA): adding renewable cost adjustment (Schedule RCA); amending discount rider for state universities and colleges (Schedule UD): amending distributed generation from renewable sources rider (Schedule DGR): adding independent wholesale generator rider (Schedule IWG); adding the commercial renewable energy service rider (Schedule CGR); adding special event service schedule (Schedule SE); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (4-0). 7. 2006-266 - An ordinance approving the expenditure of funds for the purchase of annual maintenance for VisionAir Public Safety Software City of Denton City Council Minutes September 26, 2006 Page 7 System and associated modules used for Police and Fire Department dispatching and records management available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3560 – Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $154,449.29). 8. 2006-267 - An ordinance awarding a contract for the lease of desktop PC’s, notebook PCs, software, peripherals, and services as awarded by the State of Texas General Services Commission, Department of Information Services (DIR Contract 02000390); providing for the expenditure of funds therefor; and providing an effective date (File 3582 – to Dell Government Leasing & Finance in the amount of $288,711.06, the first of seven payments, for a total lease amount of $2,020,977.42). 9. 2006-268 - An ordinance approving the expenditure of funds for the purchase of annual service access and support for the General Packet Radio Services (GPRS) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3561 – Purchase of Annual Service Access and Support for General Packet Radio Services (GPRS) awarded to Cingular Wireless (formerly AT&T Wireless) in the amount of $117,289.80). 10. 2006-269 - An ordinance awarding a contract for the purchase of 30 and lease purchase financing of 38 Mobile Data Computers (MDCs) for the City of Denton Police Department and lease purchase financing of 21 MDCs, 19 docking stations, and installation services for the City of Denton Fire Department awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefor; and providing an effective date (File 3564 – Purchase of Panasonic Toughbook CF-29 awarded to CDW Government, Inc. in the purchase amount of $123,450.00 and awarded to Chase Equipment Leasing in the first year lease amount of $94,625.37 for a total three year lease amount of $283,876.11. Total award amount is $407,326.11). 11. 2006-270 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. 12. 2006-271 - An ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue; and providing an effective date. City of Denton City Council Minutes September 26, 2006 Page 8 13. 2006-272 - An ordinance setting fees for towing, impounding, storage, permit fees, use of special equipment such as dollies, and notification for vehicles impounded at the direction of the Police Department. This ordinance is required by Section 23-87 of the previously passed Ordinance 2006-174. 14. 2006-273 - An ordinance approving a policy regarding reimbursement of City Council travel expenses; establishing a budget for City Council travel expenses; and providing an effective date. 15. 2006-274 - An ordinance of the City of Denton, Texas dissolving the Emily Fowler Library Fund by transferring all the amounts in this fund to the 2006-2007 General Fund Budget at the beginning of that budget year; and providing an effective date. 16. 2006-275 - An ordinance adopting a schedule of fees for use of certain park facilities; superseding all prior fees in conflict with such schedule; and providing for severability and an effective date. The Parks, Recreation & Beautification Board recommended approval (6-0). 4. CONSENT AGENDA Heggins motioned, Kamp seconded to adopt the Consent Agenda and accompanying ordinances. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. A. 2006-276 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Young Minority Entrepreneurs Institute, Inc. for provision of assistance to low to moderate income and disadvantaged children; providing for the expenditure of funds; and providing an effective date. B. 2006-277 - An ordinance accepting sealed proposals and awarding a contract for Property, Boiler & Machinery, and Catastrophic Vehicle & Mobile Equipment Insurance Coverage for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFSP 3554 – Commercial Property Insurance; Catastrophic Vehicle and Mobile Equipment Insurance; and Boiler and Machinery Insurance awarded to Travelers Lloyd’s Insurance Company in the annual amount of $251,004). C. 2006-278 - An ordinance approving the expenditure of funds for the purchase of audio visual services related to digitally imaged products for the City of Denton Library System available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3600 – Audio Visual Services for the city of Denton Library System awarded to Midwest Tape in the estimated amount of $165,000). City of Denton City Council Minutes September 26, 2006 Page 9 D. 2006-279 - An ordinance accepting competitive bids and awarding a contract for the one-time purchase of primary and secondary insulated electric distribution cables for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3555 – One-Time Purchase of Electric Distribution Cables awarded to the lowest responsible bidder meeting specification for each item for a total award in the amount of $911,841). The Public Utilities Board recommended approval (6-0). E. 2006-280 - An ordinance accepting competitive bids and awarding a contract for the single purchase of overhead polemounted and underground padmounted distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3588 – Single Purchase of Overhead Polemounted and Underground Padmounted Distribution Transformers awarded to the lowest responsible bidder meeting specification for each item for a total award amount of $1,292,898). The Public Utilities Board recommended approval (6-0). F. Approved the minutes of: August 15, 2006 August 28, 2006 Joint DISD meeting August 28, 2006 Special Called meeting G. 2006-281 - An ordinance of the City of Denton, Texas approving change order four for a professional services agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002; extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing for an effective date. The Mobility Committee recommended approval (3-0). H. 2006-282 - An ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a professional services agreement with the Messer Law Firm for professional legal services relating to litigation styled Kisko v. City of Denton, Cause No. 2006-50265-367 currently th pending in the 367 District Court of Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. I. 2006-283 - An ordinance of the City of Denton authorizing an extension of a lease agreement between the City of Denton, Texas and the Greater Denton Arts Council, Inc. for leasing and renovation of certain real property owned by the City of Denton; providing for the expenditure of funds therefore; and providing an effective date. The Audit/Finance Committee recommended approval (2-0). J. 2006-284 - An ordinance of the City of Denton, Texas approving a second amendment to an Economic Development Program Grant Agreement dated November 27, 2001 between the City of Denton and Denton Crossing Partners City of Denton City Council Minutes September 26, 2006 Page 10 Ltd, which was duly assigned to Orix Hunt Denton Venture; and providing an effective date. 5.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, designating the property located at 918 West Oak Street as a Historic Landmark under Section 35.7.6 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. The Historic Landmark Commission recommended approval (6-0). The Planning and Zoning Commission recommended approval (6-0). Julie Glover, Historic Preservation Officer, stated that this designation would provide a historic landmark for the property plus a tax abatement for city property taxes. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Donna Harris, property owner, requested approval. Bob Clifton, 730 Wainwright, Denton - spoke in favor of the request. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-285 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 918 WEST OAK STREET AS A HISTORIC LANDMARK UNDER SECTION 35.7.6 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “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 the rezoning of approximately 0.24 acres from a Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 (DR-2) zoning district. The subject property was located on the west side of Avenue A at Collins Street. (Z06-0013) The Planning and Zoning Commission recommended approval (6-0). Kelly Carpenter, Director of Planning and Development, stated that this was a request for rezoning from DR1 to DR 2. The Planning and Zoning Commission had recommended approval 6-0. This property would be combined with southern parcel to build 24 apartments. City of Denton City Council Minutes September 26, 2006 Page 11 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. 2006-286 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE DOWNTOWN RESIDENTIAL 1 (DR-1) TO THE DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR APPROXIMATELY 0.24 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF AVENUE A AT COLLINS STREET LEGALLY DESCRIBED AS LOT 1, BLOCK 2 IN THE EWING ADDITION, 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. (A06-0013) Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 16 acres from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. The subject property was located on the south side of East McKinney Street near the intersection of East McKinney Street and Trinity Road.(Z06-0022) The Planning and Zoning Commission recommended approval (6-0). Kelly Carpenter, Director of Planning and Development, reviewed the details of the proposal. This parcel would be combined with a parcel to south for a single-family development of Neighborhood Residential-4. Three responses had been received all in favor of the proposal. The Planning and Zoning Commission recommended approval. 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. 2006-287 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 16.004 ACRES FROM NEIGHBORHOOD RESIDENTIAL City of Denton City Council Minutes September 26, 2006 Page 12 MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 4 (NR-4) GENERALLY FRONTING 1323 FEET ON THE SOUTH SIDE OF EAST MCKINNEY STREET (F.M. 426) BEGINNING AT THE CITY LIMIT LINE OF THE CITY OF DENTON SOUTHEAST OF THE INTERSECTION OF EAST MCKINNEY STREET (F.M. 426) AND TRINITY ROAD AND LEGALLY DESCRIBED AS BEING A TRACT OF LAND SITUATED IN THE G. WALKER SURVEY, ABSTRACT NO. 1300 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS BEING A PART OF A 160.441 ACRE TRACT, AS DESCRIBED IN VOLUME 607, PAGE 515 OF THE DEED RECORDS OF DENTON COUNTY ,TEXAS AND FURTHER DESCRIBED IN EXHIBIT “A”; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (A06-0022) McElroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer agreement between the City of Denton and the Denton Police Officers Association, and providing an effective date. Jon Fortune, Assistant City Manager, stated that items 6A-6F were related. The last legislative session recognized the ability of fire and police associations to negotiate in a meet and confer process. This ordinance would ratify the agreement with the Denton Police Officers Association. Troy Nivens, Denton Police Officer Association, thanked the Council for the opportunity to work through this process. Mike Tucker, Denton Fire Fighters Association, also thanked the Council for the opportunity to work through this process. The following ordinance was considered: NO. 2006-288 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON POLICE OFFICERS ASSOCIATION, AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. City of Denton City Council Minutes September 26, 2006 Page 13 B. The Council considered adoption of an ordinance authorizing assignment pay for Police Department employees who are assigned to perform specialized functions of field training officer, and for Police Department employees who are assigned to the tactical team of the Police Department, and providing an effective date. The following ordinance was considered: NO. 2006-289 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR POLICE DEPARTMENT EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS OF FIELD TRAINING OFFICER, AND FOR POLICE DEPARTMENT EMPLOYEES WHO ARE ASSIGNED TO THE TACTICAL TEAM OF THE POLICE DEPARTMENT, AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. C. The Council considered adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer agreement between the City of Denton and the Denton Fire Fighters Association, and providing an effective date. The following ordinance was considered: NO. 2006-290 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FIRE FIGHTERS ASSOCIATION, AND PROVIDING AN EFFECTIVE DATE. McElroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing Assignment Pay for Fire Department employees assigned to perform specialized functions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Recruitment Management Analyst, Emergency Management Program Manager and Fire Marshal in the Fire Department; and providing an effective date. The following ordinance was considered: NO. 2006-291 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS OF PUBLIC City of Denton City Council Minutes September 26, 2006 Page 14 EDUCATION OFFICER, FIRE INSPECTOR, SENIOR FIRE INSPECTOR, FIRE PROTECTION ENGINEER ASSOCIATE, ASSISTANT FIRE MARSHAL, FIRE RECRUITMENT MANAGEMENT ANALYST, EMERGENCY MANAGEMENT PROGRAM MANAGER AND FIRE MARSHAL IN THE FIRE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing a one percent increase to the rate of contribution to the City of Denton Fire Fighters Relief and Retirement Fund by the City; and establishing an effective date for the ordinance. The following ordinance was considered: NO. 2006-292 AN ORDINANCE AUTHORIZING A ONE PERCENT INCREASE TO THE RATE OF CONTRIBUTION TO THE CITY OF DENTON FIRE FIGHTERS RELIEF AND RETIREMENT FUND BY THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. F. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2006-019 prescribing the number of positions in each classification of police officer; prescribing the number of positions in each classification of fire fighter; providing a repealer clause; and declaring an effective date. The following ordinance was considered: NO. 2006-293 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2006-019 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDING A REPEALER CLAUSE; AND DECLARING AN EFFECTIVE DATE. Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. City of Denton City Council Minutes September 26, 2006 Page 15 G. The Council considered nominations/appointments to the City’s Boards and Commissions. Mayor McNeill nominated Tom Brewer to the Airport Advisory Board. Mayor motioned, Thomson seconded to suspend the rules and vote on the nomination at this meeting. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. On roll vote on the nomination, Heggins “aye”, Kamp “aye”, McElroy “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. H. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Cheryl Kesterson regarding Clear Creek Natural Heritage Center. Ms. Kesterson presented a video about Clear Creek Natural Heritage Center. B. Jennifer Cole regarding gas well drilling in Denton’s ETJ. Ms. Cole stated that the residents of Briercreek Subdivision in Argyle requested that the City deny a request by Reichmann Petroleum to plat a well site. The area was located in the City’s ETJ and needed the City’s protection. Safety of the residents was the most important consideration of this issue. C. Robert Donnelly regarding city business. Mr. Donnelly stated that there were four items in the Consent Agenda that did not have dollar amounts. The developers of the property next to his property were not working on the drainage th issue which was suppose to have been done by Sept. 26. Many other development code issues were starting to come to light. D. Aaron Witherel regarding a drilling proposal by Reichmann Petroleum. Mr. Witherel asked the Council to deny any plat located at the Vanessa White well site as it was too close to residences. It also had changed the drainage patterns in the area. Reasonable regulations were needed for gas well drilling near homes. E. Lana Shaw regarding gas well drilling. Ms. Shaw expressed concern for a drilling site close to her home. She was concerned about the drainage flow in the area since the development of a pad site for the well drilling. She asked to have the site returned to the condition before Reichmann Petroleum developed the proposed well site. City of Denton City Council Minutes September 26, 2006 Page 16 F. Gene Cole regarding the Vanessa White well in the Briercreek Subdivision. Mr. Cole expressed concern about the development of the well too close to his home and the potential of flooding of his property. He asked the Council to deny any plat application and to have the property put back to the original condition before the well. G. Sherry Skaggs regarding the Vanessa White well in the Briercreek Subdivision. Ms. Skaggs stated that they had experienced flooding since the development of a pad site on neighboring property. She asked that the Council require the developer to return the site to its original condition. H. Mike Shaw regarding the Vanessa White well in the Briercreek Subdivision. Mr. Shaw stated support for wife’s presentation and asked for questions. I. Jana DeGrand regarding the Vanessa White well in the Briercreek Subdivision. Ms. De Grand stated that she would be willing to be annexed into the city limits. She was worried about all of the well sites in the area and the potential for flooding due to the high elevation of the well pad sites. She asked the Council to deny a plat for any future well sites on the property. I. New Business The following items of New Business were suggested by Council for future agendas: Mayor McNeill and Deputy Mayor Pro Tem Mulroy requested bullet points on what the City could do in regards to gas well development in the ETJ, including gas well regulations Council Member McElroy requested staff to research if the City could do anything about the Vanessa White plat. Council Member McElroy asked staff to investigate the development next to Mr. Donnelly’s property to make sure it was following code regulations. Mayor Pro Tem Kamp requested a work session to discuss homeowner’s associations and associated challenges after the developers leave a subdivision. City of Denton City Council Minutes September 26, 2006 Page 17 J. 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. K. There was no continuation of Closed Meeting under Sections 551.071- 551.086 of the Texas Open Meetings Act. L. 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 8:11 p.m. __________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ___________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS