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December 4, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES December 4, 2007 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, December 4, 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.The City Council met with the 2008 Leadership Denton class in the City Hall Conference Room and returned to the Work Session Room following the completion of the discussion. 2.Staff responded to requests for clarification of agenda items listed on the agenda for December 4, 2007. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A.Consultation with the City’s Attorneys – Under Texas Government Code, Section 551.071 1.Received legal advice from the City's attorneys regarding the issue of discounted electric rates for state universities; legal issues and remedies thereon; and discussed and deliberated the City's legal posture regarding same. A public discussion of these legal matters conflicted 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. 2.Consultation with the City’s attorneys to discuss legal issues associated with UNT Chi Alpha house, and threatened litigation involving same. B.Deliberations regarding Real Property – Under Texas Government Code Section 551.072 and; Consultation with the City’s Attorneys – Under Texas Government Code Section 551.071. 1.Discussed, deliberated, considered, received information from staff, and provided staff with direction pertaining to the possible terms of purchase 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 was located north of intersection of Brinker Road and Spencer Road, and receipt of legal advice for legal issues related thereto. (Brinker Road Extension Project) City of Denton City Council Minutes December 4, 2007 Page 2 The Closed Session was adjourned at 6:55 p.m. Regular Meeting of the City of Denton City Council on Tuesday, December 4, 2007 at 7:00 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 a proclamation for Police Appreciation Day. Mayor McNeill presented the award for the Best Marketing Program for the 2007 Texas Downtown Association Presidents Awards Program to Julie Glover, Downtown Development Department. 3. CONSENT AGENDA Mayor McNeill highlighted the items listed on the Consent Agenda. Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions with corrections to the November 6, 2007 minutes. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A.2007-270 – An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Festival Foundation for Supplemental Funding for the Arts and Jazz Committee for the 2008 Denton Arts and Jazz Festival; providing for the expenditure of funds therefore; and providing for an effective date. ($2150) B.2007-271 – An ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute an administrative services agreement for self-funded employee benefit plans with Fiserv Health Plan Administrators, Inc.; authorizing the expenditure of funds therefor; and providing an effective date. (RFP 3723 – Administrative Services Only (ASO) for Medical and Pharmacy Benefits awarded to Fiserv Health in the estimated amount of $356,000) C.2007-272 – An ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a pharmacy benefit management agreement for self-funded prescription benefits with Express Scripts, Inc.; authorizing the expenditure of funds therefor; and providing an effective date. (RFP 3723 – Administrative Services Only (ASO) for Medical and Pharmacy Benefits awarded to Express Scripts, Inc. in the estimated amount of $46,000) City of Denton City Council Minutes December 4, 2007 Page 3 D.Approved the minutes of: October 2, 2007 October 16, 2007 November 5, 2007 November 6, 2007 E.2007-273 – An ordinance authorizing the partial abandonment of a 0.1403 acre water easement tract situated in the E. Puchalski Survey, Abstract No. 996, and recorded in Document Number 96-R0033726, of the Real Property Records of Denton County, Texas; and providing an effective date. The Public Utilities Board recommended approval (5-0). F.Approved the tax refunds for the following property taxes: Tax Name Reason Amount Year 1. Denton PCR Ltd DCAD Supplemental Change 2006 $5,920.43 2. MAS Denton VZ LP/Verizon SouthwestDCAD Supplemental Change 2006 $ 514.47 G.2007-274 – An ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $2,300,000 so that General Fund vehicles and equipment may be purchased; and providing an effective date. H.2007-275 – An ordinance of the City of Denton, Texas amending the provisions of Chapter 19 relating to Municipal Court by amending Section 19-8 to increase the administrative fee charged for certain dismissals of certain traffic offenses from ten dollars to twenty dollars; additionally the state statute numbers referenced in Section 19-8 have been updated to reflect the current statute numbers of these laws; providing for a severability clause; providing a repealer clause; providing a savings clause; and providing for an effective date. I.R2007-041 – A resolution authorizing the City of Denton, as Trustee, to sell certain real property located at 1330 Morse Street; consenting to the sale of certain real property to the highest bidder as provided by law; authorizing the Mayor of the City of Denton, Texas to execute a deed without warranty and any other documents necessary or appropriate to convey certain real property sold by the City of Denton, as Trustee, pursuant to section 34.05 of the Texas Property Tax Code; and providing for an effective date. J.2007-276 – An ordinance of the City of Denton, Texas authorizing the City Manager to execute a first amendment to professional services agreement for surveying services with Coleman & Associates Land Surveying, for additional services pertaining to conventional technology to monitor and report the rate of fill in Cell 2 of the City’s landfill (File 3901–in the additional amount of $75,000, and a grand total of $122,957 for both the first amendment and the original agreement); authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). City of Denton City Council Minutes December 4, 2007 Page 4 K.2007-277 – An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional and personal services agreement by and between the City of Denton, Texas and the firm of Telvent Miner & Miner Consulting Engineers, Inc. to provide software engineering services associated with the migration of the Denton Municipal Electric Utility Geographic Information System (“GIS”); authorizing the expenditure of funds therefor; and providing an effective date. (File 3919–in a not to exceed amount of $78,755). The Public Utilities Board recommended approval (5-0). L.2007-278 – An ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for engineering services and related services for approved electrical power system construction projects for Denton Municipal Electric with SGS Engineering, LLC. (File 3927–in an amount not-to-exceed $508,000); authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). 4.PUBLIC HEARINGS A. The Council continued a public hearing and considered adoption of an ordinance regarding the rezoning of an approximately 11.21-acre tract of land from a Neighborhood Residential–2 (NR-2) zoning district to a Neighborhood Residential-4 (NR-4) zoning district. The tract of land was located on the east side of Country Club Road, approximately 475 feet south of Regency Court. (Z07-0015, Nelson/Orr Property) The Planning and Zoning AC Commission recommended approval (3-1). SUPERMAJORITY VOTE BY OUNCIL WAS . REQUIRED FOR APPROVAL DUE TO PROPERTY OWNER OPPOSITION Mayor McNeill stated that the City had a received a request from the applicant to continue the public hearing to the December 11, 2007 City Council meeting. The Mayor re-opened the public hearing. Ray Baker, 201 Regency Court, spoke in opposition to the rezoning. He did not feel the proposed zoning was commensurate with adjacent neighborhoods. Mulroy motioned, Heggins seconded to continue the public hearing to the December 11, 2007 City Council meeting. 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 held a public hearing and considered adoption of an ordinance regarding the approval of a Specific Use Permit (SUP) to allow gas well drilling and production on a property currently zoned Neighborhood Residential 4 (NR-4). The proposed site was located on the northeast corner of Bonnie Brae and Roselawn Drive. (S07-0014, Chamberlin/Elder GWP) The Planning and Zoning Commission recommended approval (5-0). Brian Lockley, Interim Director of Planning and Zoning, stated that the applicant was requesting this SUP to allow gas well drilling and production on property that was currently zoned NR-4. Gas well drilling and production was permitted within the NR-4 zoning district with an approved City of Denton City Council Minutes December 4, 2007 Page 5 SUP. Currently the property had an approved gas well plat that identified two pad sites. The pad site located to the east was developed and had an existing gas well in production. The applicant was requesting to drill three additional wells on that existing gas well pad site. The pad site located to the west had not been developed and was reserved for a future gas well. Lockley stated that the Planning and Zoning Commission had recommended approval with two conditions. A visually appealing screen fence should be installed around all gas well facilities within 90 days after completion of drilling. Development and operation of the gas well development should be subject to the further limitations of the proposed Amended Gas Well Plat. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Lee Ann Todd, 3316 Roselawn Drive, spoke in opposition. She expressed concerns regarding noise pollution, pollution to the water table and water wells, and oil running on the ground at the site. Curtis Elder, 3880 Roselawn Drive, spoke in support. Mary Patton, Range Resources, spoke in support. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-279 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDED SPECIFIC USE PERMIT TO ALLOW GAS WELL DRILLING AND PRODUCTION ON APPROXIMATELY 45.715 ACRES OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF BONNIE BRAE AND ROSELAWN DRIVE AND CURRENTLY ZONED NEIGHBORHOOD RESIDENTIAL 4 (NR-4); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S07- 0014) Mulroy motioned, Watts seconded to approve the SUP with the conditions recommended by the Planning and Zoning Commission. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance regarding the zoning of approximately 129.6 acres of land and adjacent street right-of-way for Loop 288 containing approximately 9.1 acres from the initial annexation zoning of Rural Residential (RD-5) to a Regional Center Commercial Downtown (RCC-D) zoning district. The property was located on the west side of I35 North at the proposed extension of Loop 288. (Z07-0011, Westview Commercial) The Planning and Zoning Commission recommended approval (5-0). City of Denton City Council Minutes December 4, 2007 Page 6 Brian Lockley, Interim Director of Planning and Development, stated that this was a request to rezone the property from RD-5 to RCC-D zoning district. The property was located on the west side of I-35 North at the proposed extension of Loop 288. The property was currently developed with one gas well and the owner proposed eventual development of commercial land uses. The site also included property owned by the City that was developed with an elevated water storage tank. The Mayor opened the public hearing. Larry Reichhart, Springbrook Planning Group, stated that he was available to answer any questions the Council might have. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-280 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY ZONING 129.6 ACRES OF LAND AND ADJACENT STREET RIGHT OF WAY FOR LOOP 288, LOCATED ON THE WEST SIDE OF I-35 NORTH AT THE PROPOSED EXTENSION OF LOOP 288, TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z07-0011) Multoy motioned, Thomson 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. D. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of an approximately 185-acre tract of land from a Rural Residential (RD- 5) zoning district to an Industrial Center General (IC-G) zoning district. The tract of land was located on the west side of Underwood Road, south of Denton Municipal Airport and north of Hickory Creek.(Z07-0023, Aldi Distribution Center) The Planning and Zoning Commission recommended approval (5-0). Brian Lockley, Interim Director of Planning and Development, The Mayor opened the public hearing. Scott Huska, Aldi Corporate, 1517 Centre Place Dr, spoke in support The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes December 4, 2007 Page 7 NO. 2007-281 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY ZONING 181.123 ACRES OF LAND, LOCATED ON THE WEST SIDE OF UNDERWOOD ROAD, SOUTH OF DENTON MUNICIPAL AIRPORT AND NORTH OF HICKORY CREEK, TO INDUSTRIAL CENTER GENERAL (IC-G) CLASSIFICATION AND USE DESIGNATION 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. (Z07-0023) Watts motioned, Kamp 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. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of an application service provider agreement, by and between the City of Denton and Enercom, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3928–Application Service Provider Agreement in an amount not to exceed $62,600). The Public Utilities Board recommended approval (5-1). Lisa Lemons, Marketing Department Manager, stated that DME was expanding its Energy Audit Program through the installation of the Energy Depot software to attract customers to use an online energy audit program. The product would allow the customer to calculate the energy consumption of specific appliances and do energy comparisons of existing appliances to potential new purchases. The tool also included local weather data to give the most detailed information to the customer. The following ordinance was considered: NO. 2007-282 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN APPLICATION SERVICE PROVIDER AGREEMENT, BY AND BETWEEN THE CITY OF DENTON AND ENERCOM, INC., WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3928–APPLICATION SERVICE PROVIDER AGREEMENT IN AN AMOUNT NOT TO EXCEED $62,600). City of Denton City Council Minutes December 4, 2007 Page 8 Kamp motioned, Heggins seconded to approve 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.Consider nominations/appointments to the City’s Boards and Commissions. Deputy Mayor Pro Tem Mulroy nominated Salty Rishel to a regular position on the Zoning Board of Adjustment. Deputy Mayor Pro Tem Mulroy nominated Ray Cox to an alternate position on the Zoning Board of Adjustment. Council Member Heggins nominated Milliard Heath to a regular position on the Zoning Board of Adjustment. Council Member Heggins nominated Larry Walton to an alternate position on the Zoning Board of Adjustment. The City Secretary’s office had not verified Mr. Walton’s application, so his nomination could not be voted on at this meeting. On roll vote to approve the nominations, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: A.Ginger Ester regarding issues for the Council Code Enforcement Committee to consider and concerns regarding city procedures for access to information and accomplishing solutions to issues. Ms. Ester stated that she had made calls to various city departments and received incorrect information from city employees. She also stated that the city needed to look at city streets and parks before looking at people’s properties as it relates to property maintenance issues. D.New Business and Announcements Mayor Pro Tem Kamp stated there was a feral cat society working for UNT and a national movement to do trap, neuter, release for feral cats. She requested that the City Manager look into the feasibility of allowing it in Denton. E.City Manager’s Report 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. City of Denton City Council Minutes December 4, 2007 Page 9 Regarding electric rates, Mulroy motioned, Kamp seconded to authorize the City Attorney to exercise any legal remedies he deemed appropriate to protect the City’s interests regarding electric rates. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 8:30 p.m. ____________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ____________________________________ JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS