Loading...
February 20, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES February 20, 2007 After determining that a quorum was present, the City Council convened in a Regular Meeting of the City of Denton City Council on Tuesday, February 20, 2007 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Deputy Mayor Pro Tern Mulroy; Council Members Heggins, McElroy, Montgomery and Thomson. ABSENT: None. 1. 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 Peace Corps Week to David Hiegel, a volunteer for the Peace Corps. Mayor McNeill presented a proclamation for Severe Weather Awareness Week in Denton to Ross Chadwick, Fire Chief, Denton Fire Department. B. February Yard-of-the-Month Awards Mayor McNeill presented Yard-of-the-Month Awards to: Jennifer Hunter, 3009 North Manor Court Ron and Elaine Fannin, 1910 Archer Trail Anthony Lundy, 913 Alice Letha McKinney, 525 Boardwalk 3. CONSENT AGENDA Robert Donnelly, 3900 Quail Creek Road, spoke regarding Consent Items B, C, H, M, and N. McElroy motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. A. 2007-035 - An ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interjurisdictional Mutual Aid Agreement; and declaring an effective date. City of Denton City Council Minutes February 20, 2007 Page 2 B. 2007-036 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Opening Doors Immigration Services for provision of assistance to victims of domestic violence; providing for the expenditure of funds therefor; and providing an effective date. C. 2007-037 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Interfaith Ministries for the provision of assistance to low-income adults; providing for the expenditure of funds therefor; and providing an effective date. D. 2007-038 - An ordinance of the City of Denton abandoning and vacating an approximate 0.5782-acre tract of that certain public right-of-way being a tract of land in the B.B.B. & C. Railroad Company Survey, Abstract No. 192, and the J. Perry Survey, Abstract No. 1040, and being a portion of Jim Christal Road and also embracing a part of that certain tract conveyed by Annie Spurgin to J. Newton Rayzor by deed recorded in Volume 440, Page 342, of the Denton County Deed Records, Denton, Texas, and providing an effective date. E. 2007-039 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 3709-Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $902,000). The Public Utilities Board recommends approval (7-0). F. 2007 -040 - An ordinance authorizing the City Manager or his designee to execute Change Order One to the contract between the City of Denton and Jagoe-Public Company; providing for the expenditure of funds therefor; and providing an effective date (Bid 3518-Vintage Parkway Paving Change Order One in the amount of$212,772). G. 2007 -041 - 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 one lube truck for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3726-lnterlocal Agreement for Lube Truck with H-GAC awarded to Rush Truck Centers of Texas L.P. in the amount of $210,173). The Public Utilities Board recommends approval (6-0). H. 2007-042 - An ordinance authorizing the City Manager to accept an Interlocal Agreement with the City of Georgetown, 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 Georgetown contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3734- Interlocal Agreement with Georgetown, Texas). City of Denton City Council Minutes February 20, 2007 Page 3 I. 2007-043 - An ordinance determining a sole source and approving the expenditure of funds for the purchase of a Vapex Hydroxyl Ion Fog Odor Control System for the Hickory Creek Lift Station 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 3727- Purchase of Vapex Odor Control Unit for State School Road Area awarded to Process Solutions, Inc. in amount not to exceed $60,000). The Public Utilities Board recommends approval (6-0). J. Approved tax refunds for the following property taxes: Name Reason Tax Amount Year K. 2007 -044 - An ordinance of the City of Denton authorizing a second amendment to the Economic Development Program Grant Agreement between SFT Industrial, Ltd. and the City of Denton; and providing an effective date. (Granite Properties) The Economic Development Partnership Board recommends approval (5-0). L. 2007-045 - An ordinance of the City of Denton, Texas approving the termination and release of that certain lease agreement dated November 15, 2005, related to the use of street right-of-way, by and between the City of Denton, Texas and John Eric Schmitz; and providing an effective date. M. R2007-004 - A resolution of the City Council of the City of Denton, Texas, authorizing the participation in a joint coalition of cities known as Alliance of Gas Municipalities ("AGM") comprised of cities served by Atmos Energy Corporation, Centerpoint Energy Entex, and Texas Gas Services to work on legislative issues or common concern affecting ratepayers; providing for formation of a steering committee; providing for the employment of legal experts related to said efforts; finding that the meeting complies with the Open Meetings Act; making such other findings and provisions related to the subj ect; and declaring an effective date. N. 2007-046 - An ordinance authorizing the participation of the City of Denton, Texas in the action styled City of Webster and the Webster Economic Development Corporation vs. Carole Keeton Strayhorn, in her official capacity as Comptroller of Public Accounts for the State of Texas, currently pending in the 261st District Court of Travis County, and to pursue such other remedies and matters relating to sales tax allocation; authorizing the expenditure of funds; and providing an effective date. O. Approved the minutes of: January 23, 2007 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. The requested change was regarding removal of a proposed collector road that would connect US 380 to Westward Street. (CA06- 0008, Rayzor Ranch) The Planning and Zoning Commission recommended approval (7-0). City of Denton City Council Minutes February 20, 2007 Page 4 Brian Lockley, Interim Director of Planning and Development, stated the proposed amendment to the Mobility Plan would remove a proposed north/south collector that runs north through the middle of the property from Hwy 380 to Westward St. The property's Traffic Impact Analysis would determine the neccessity of a collector(s) on the property. The location, orientation and connectivity of such a roadway would be different from that shown on the current Mobility Plan. The Mobility Committee recommended approval. The Mayor opened the public hearing. The following individual spoke during the public hearing: Joyce Poole, 3021 N. Bonnie Brae, spoke in opposition. She was concerned about the amount of traffic and that there needed to be a collector street. The Mayor closed the public hearing. The following ordinance was considered: 2007-047 AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON, TEXAS, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (CA06-0008) 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. B. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 10.2 acres of land from a Neighborhood Residential-2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an Overlay District to further restrict uses on the subject property to Church and Church related uses. The subject property was located on the west side of Teasley Lane, southwest of the corner of Leatherwood and Teasley Lane. (206-0038, Faith United Methodist Church) The Planning and Zoning Commission recommended approval with an Overlay District (7-0). Brian Lockley, Interim Director of Planning and Development, stated that the applicant was proposing to build a church on the property. The proposed church exceeded the height limit and building size for the current zoning. Staff recommended that an overlay district be placed on the property to limit uses to a church and church related uses in order to maintain compatibility with the adjacent uses. Multi-Family and Single Family uses would not be allowed. Access for the property would be from Teasley Lane. The Mayor opened the public hearing. The following individual spoke during the public hearing: City of Denton City Council Minutes February 20, 2007 Page 5 John Lugenheim, 1917 Quail Run, Corinth, spoke in support of the rezoning but stated that the wording for the overlay district was a concern. He stated that a logical use next to a church would be a parsonage. The Mayor closed the public hearing. The following ordinance was considered: 2007 -048 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT WITH A MIXED USE RESIDENTIAL PROTECTION OVERLAY, RESTRICTING THE USES TO CHURCH AND CHURCH RELATED USES FOR PROPERTY LEGALLY DESCRIBED AS LOT 1, BLOCK A, OF THE GREGORY & KATHLEEN POLLOCK ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS ACCORDING TO THE PLAT THEREOF, RECORDED IN CABINET L, PAGE 139 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0038) Kamp motioned, Thomson seconded to adopt the ordinance with the overlay. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "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 to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation for the acquisition of three 500-gallon pumper trucks for the City of Denton Fire Department; declaring an emergency and amending the 2006-07 Capital Improvement Budget to allow funding for said project; and providing an effective date. (Related costs $1,750,000) Ross Chadwick, Fire Chief, stated that this reimbursement ordinance would provide the funds to purchase three additional pumper trucks with equipment for the Fire Department. The Unreserved Fund Balance of the General Fund would be reimbursed with Certificates of Obligation that would be sold in the spring. Chadwick stated that the City had purchased two fire engines in the FY 2005-06 budget that were being delivered in February 2007. Pierce Manufacturing, through Martin Apparatus, had proposed significant incentives to the City if it purchased additional engines off the current bid and specifications by February 27, 2007. This would give the City an opportunity to replace three existing reserve engines that were not in good working condition rather than waiting until FY 2008-09. The City had the potential to save $1,333,590 and improve the overall condition of the Fire Department equipment. The Audit/Finance Committee recommended approval. City of Denton City Council Minutes February 20, 2007 Page 6 The following ordinance was considered: NO. 2007-049 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 FOR THE ACQUISITION OF THREE 500-GALLON PUMPER TRUCKS FOR THE CITY OF DENTON FIRE DEPARTMENT; AND AMENDING THE 2006-07 CAPITAL IMPROVEMENT BUDGET TO ALLOW FUNDING FOR SAID PROJECT; AND PROVIDING AN EFFECTIVE DATE. (RELATED COSTS $1,750,000) Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council considered adoption of 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 (HGAC) for the acquisition of three 500-gallon pumper trucks for the City of Denton Fire Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3740-lnterlocal Agreement for Purchase of Three Fire Trucks with HGAC awarded to Martin Apparatus, Inc, in the amount of $1,318,660). The following ordinance was considered: NO. 2007-050 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 (HGAC) FOR THE ACQUISITION OF THREE 500-GALLON PUMPER TRUCKS FOR THE CITY OF DENTON FIRE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3740-INTERLOCAL AGREEMENT FOR PURCHASE OF THREE FIRE TRUCKS WITH H-GAC AWARDED TO MARTIN APPARATUS, INC, IN THE AMOUNT OF $1,318,660). Comment Cards were submitted by: Ken Gold, 1512 Natchez Trace - support Kyle Arnold, Denton Firefighters Association - support Mike Tucker, Denton Firefighters Association - support Lonny Britten, Denton Firefighters Association - support The following individuals spoke regarding this item: Robert Donnelly, 3900 Quail Creek Road, questioned the difference in the amount of the reimbursement ordinance and the purchase order. City of Denton City Council Minutes February 20, 2007 Page 7 McElroy motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. The Council considered nominations/appointments to Boards, Commissions and Committees. 1. Mayor Pro Tern Kamp nominated Dalton Gregory to the Human Services Advisory Committee. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 2. Council Member Heggins did not have a nomination to the Traffic Safety Commission at this time. 3. Council Member Heggins nominated Billie Mohair to the Public Art Committee. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 4. Mayor Pro Temp Pete Kamp nominated Mark Burroughs as First Alternate and Mark Nelson as Second Alternate to the Denton County Transportation Authority Board as representatives for the City of Denton. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. D. Citizen Reports 1. The Council reviewed procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Robert Donnelly regarding the Denton Development Code. Mr. Donnelly, 3900 Quail Creek Road, spoke on the Development Code and common business practices of the city. He expressed concern that the fire access easement for Providence Place did not meet Development Code guidelines. B. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. C. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. D. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. City of Denton City Council Minutes February 20, 2007 Page 8 E. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. E. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Montgomery stated the stop light at University and Nottingham had no left turn arrow off Nottingham onto University. F. City Manager's Report City Manager Campbell did not have any items for Council. G. 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. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action from the Closed Meeting. With no further business, the meeting was adjourned at 7:45 p.m. PERRY MCNEILL MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS