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August 7, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES August 7, 2007 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 7, 2007 at 5:00 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, Thomson, and Watts. ABSENT: None 1.Council did not have any requests for clarification of agenda items listed on the agenda for August 7, 2007. 2.The Council received a report, held a discussion and gave staff direction regarding the City’s recycling programs. This item was postponed to a future meeting date. 3.The Council received a report, held a discussion, and gave staff direction regarding the 2007-08 Budget and the Capital Improvement Program. Council did not have any questions regarding the budget. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:05 p.m.to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A. DELIBERATIONS REGARDING REAL PROPERTY – Under Texas Government Code §551.072. 1. Discussed, deliberated, considered, received information from Staff, and provided Staff with direction, pertaining to the proposed Real Estate Contract by and between the City, as Purchaser and Eagle Farms, Inc and John Porter Auto Sales, Inc., as Sellers regarding the proposed purchase of, valuation issues, and other issues respecting the possible acquisition of a 1.069 acre tract of land in the F.P. Johnson, C.R. Green, J.F. Myers and H.F. Brummett Survey, Abstract No. 1699, in the City of Denton, Denton County, Texas, for a public purpose. B. DELIBERATIONS REGARDING REAL PROPERTY – Under Texas Government Code §551.072 and; CONSULTATION WITH THE CITY’S ATTORNEYS – Under Texas Government Code §551.071. 1. Discussed, deliberated, considered, received information from Staff, and provided Staff with direction pertaining the possible terms of sale of and valuation issues respecting the possible acquisition of an approximate 2.834 acre tract of real property for street right-of-way and the possible acquisition of an approximate 0.393 temporary construction, grading and access easement, all for a public purpose; which real property lies within the Mary Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and is located north of intersection of Brinker Road and Spencer Road. (Brinker Road Extension Project) City of Denton City Council Minutes August 7, 2007 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, August 7, 2007 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 1.Presentation of the GFOA – Distinguished Budget Award The GFOA Distinguished Budget Award was presented to Council and staff by Charles Cox, President of GFOA. 3. CONSENT AGENDA Mayor McNeill highlighted the items listed on the Consent Agenda. Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A.2007-161 - An ordinance authorizing the City Manager to accept an interlocal agreement with the City of Corinth, Texas to authorize participation in various City of Denton contracts for the purchase of various goods and services and to authorize the City of Denton participation in various City of Corinth contracts for the purchase of goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3839–Interlocal Agreement with Corinth, Texas). B.2007-162 - An ordinance accepting competitive bids and awarding a public works contract for the construction of Cells 3A and 3B at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (Bid 3809–Landfill Cell 3A/3B awarded to L.D. Kemp Excavating, Inc. in the amount of $3,533,741. The Public Utilities Board recommended approval (5-0). C.2007-163 - An ordinance accepting competitive bids and awarding an annual contract for the long-term rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3763A–Annual Contract for the Long-Term Rental of Heavy Equipment awarded to the lowest responsible bidder for each item in the estimated annual amount of $200,000). The Public Utilities Board recommended approval (6-0). City of Denton City Council Minutes August 7, 2007 Page 3 D.2007-164 - An ordinance accepting competitive bids and awarding a three-year contract for the container rental, hauling and disposal of municipal grit and bar screen waste for City of Denton Water Reclamation plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 3802–Three- Year Contract for the Container Rental, Hauling and Disposal of Municipal Grit, Bar Screen Waste and Dewatered Municipal Sludge awarded to Allied Waste Services in the estimated three year amount of $113,737). The Public Utilities Board recommended approval (6-0). E.Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1. Inland Western Denton Crossing DCAD Supplemental Change 2006 $37,128.56 2. Inland Western Denton Crossing DCAD Supplemental Change 2006 $ 7,387.71 F.2007-165 - An ordinance of the City of Denton authorizing the City Manager to approve a second amendment to a fixed base operator airport lease agreement approved by Ordinance 2004-380 dated December 7, 2004, between the City of Denton, Texas and BAM Denton Management Ventures, L.L.C. on approximately 1.947 acres of land at the Denton Municipal Airport; providing an effective date. The Airport Advisory Board recommended approval (6-0). The Mobility Committee recommended approval (3-0). G.2007-166 – An ordinance of the City of Denton approving a Real Estate Contract by and between Eagle Farms, Inc. and John Porter Auto Sales, Inc., as seller, and the City of Denton, Texas, as purchaser, regarding a 1.069 acre tract of land located in the F. P. Johnson, C.R. Green, J. F. Myers, and H.F. Brummett Survey, Abstract No. 1699, located in the City of Denton, Denton County, Texas, and being a portion of a called 691.64 acre tract of land described in the deed to Eagle Farms, Inc., and John Porter Auto Sales, Inc., recorded in County Clerk Document No. 93-R0077959, Real Property Records of Denton County, Texas; authorizing the expenditure of funds; and declaring an effective date. The Public Utilities Board recommended approval (6-0). H.Approved the minutes of: July 17, 2007 July 24, 2007 July 25, 2007 4.PUBLIC HEARINGS A.The Council held the first of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 129.6 acres of land and adjacent street right-of-way for Loop 288 containing approximately 9.1 acres generally located west of Interstate 35 North at the proposed extension of Loop 288 in the northwestern portion of Denton's Extraterritorial Jurisdiction (ETJ). (A07-0001, Westview Commercial) City of Denton City Council Minutes August 7, 2007 Page 4 Brian Lockley, Interim Director of Planning and Development, stated that this was the first of two public hearings for areas exempted from the municipal annexation plan. The area included approximately 129.6 acres of land and street right-of-way for 9.1 acres. He reviewed the current zoning of surrounding properties and of the proposed annexation site. Once annexed, the area would eventually be developed with a mixed center use designation consistent with surrounding properties. All state mandates had been met to date. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was needed on this item at this time. B.The Council held a public hearing and considered adoption of an ordinance rezoning approximately 16.42 acres from a Neighborhood Residential 6 (NR-6) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property was located at the southwest corner of Hickory Creek Road and Teasley Lane. (Z07-0009, Salvo Center) The Planning and Zoning Commission recommended approval (6-0). Brian Lockley, Interim Director of Planning and Zoning, stated that this was a rezoning of 16.42 acres from an NR-6 to NRMU zoning district. The property was located at southwest corner of Hickory Creek Road and Teasley Lane and was the future site of a Kroger development. The existing zoning was NR-6 with some NR-2 and NR-4. This proposed development would provide additional commercial uses to support the surrounding commercial uses. The Planning and Zoning Commission recommended approval 6-0. The Mayor opened the public hearing. Robert Baldwin, representing the developer, spoke in favor of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-167 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT TO A NEIGHBORHOOD MIXED USE (NRMU) ZONING DISTRICT, IN AN AREA ENCOMPASSING 16.422 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF HICKORY CREEK ROAD AND TEASLEY LANE, AND LEGALLY DESCRIBED AS TRACT 1 OF THE A. VENTERS SURVEY, ABSTRACT NUMBER 1315, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY, AND AN EFFECTIVE DATE. (Z07- 0009) City of Denton City Council Minutes August 7, 2007 Page 5 Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing an agreement between the City of Denton, Texas, and Denton Animal Shelter Foundation, Inc. for the purpose of providing for the funding, design, and construction of a City of Denton Animal Shelter; providing for the expenditure of funds therefor; and providing for an effective date. Lt. Scott Fletcher, Denton Police Department, stated that the Denton Animal Shelter Foundation had formed a 501(c) 3 organization. The City would be responsible for property acquisition, actual construction, operation of the shelter and additional funding sources as needed. The DASF would be responsible for the capital campaign and naming recommendations. A joint committee of made up of DASF and City representatives would be responsible for planning and design recommendations and major design changes during construction of the shelter. Larry Luce, 2200 Pembrook Place, Denton submitted a speaker card. He felt this was a great project but a specific dollar amount should be designated for the Foundation to raise. The following ordinance was considered: NO. 2007-168 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND DENTON ANIMAL SHELTER FOUNDATION, INC. FOR THE PURPOSE OF PROVIDING FOR THE FUNDING, DESIGN, AND CONSTRUCTION OF A CITY OF DENTON ANIMAL SHELTER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.The Council considered nominations/appointments to City boards and commissions. There were no nominations/appointments made at this meeting. C.Citizen Reports 1.The procedures for addressing the City Council were reviewed. 2.The Council received citizen reports from the following: City of Denton City Council Minutes August 7, 2007 Page 6 A.Robert Donnelly regarding city issues. Mr. Donnelly reviewed the issues he had regarding the construction project next to his property. He had not been able to find a conditional building permit that was issued for this project with any other in the city. He felt the City needed to follow the rules. If the conditions set in the approval process were not met, would the City make the residents move out? He suggested the City wait until the project was completed before issuing certificates of occupancy. B.Andrea Hawk regarding update on Craig Lane. Ms. Hawk stated that she represented the Craig Lane neighborhood. Of the 29 homes in the area, 22 were flooded in the last big rain. There were 69 people in those homes and 55 were completely displaced at the time of the flood. Since the flood, 62 people had made it back to their homes. Only 3-4 people had flood insurance. The estimated cost of repairs for those people willing to provide the costs were $422,000 with 8 individuals not willing to provide figures. The creek bed needed to be cleaned out. One home at 2504 Craig Lane was still vacant and had visible mold on the outside of the home. They needed answers to questions such as how far along was Mr. Coulter with the drainage studies and when would they get a report, when could they expect to have the creek bed cleaned out, how was the issue of mold in the area going to be handled and what could citizens do to help keep these drainage issues in the forefront. Jim Coulter, Director of Water/Wastewater, indicated that $850,000 would be used for cleaning out the channel, opening the existing culverts, and improving the trestle opening to increase flow analysis in that area. C.Billy Braswell regarding violation of code enforcement ordinance. Mr. Brasfield presented information regarding code enforcement violations regarding the removal of a non-operating vehicle on his property. The City did not give him proper notice nor allowed him the right of a public hearing before the vehicle was removed from his property. The vehicle contained valuable medical papers that were destroyed. He did not have a public hearing which was in violation of the ordinance. Council Member Heggins asked the City Attorney look into status of Mr. Brasfield’s claim and report back. D.New Business and Announcements The following items were suggested by Council: Council Member Watts requested a work session on occupancy standards in various housing categories and a comparison of what other cities did. Council Member Montgomery requested information on an event planner. Mayor Pro Tem Kamp suggested a neighborhood meeting with Craig Lane for an update and answers to their questions. E.City Manager’s Report City of Denton City Council Minutes August 7, 2007 Page 7 City Manager Campbell did not have any items for Council. F.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act There was no continuation of the Closed Meeting. G.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 7:39 p.m. _______________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS