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February 6, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES February 6, 2007 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 6, 2007 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, Montgomery, and Thomson. ABSENT: None 1. The Council received a report, held discussion and gave direction to staff concerning Police Alarm Permit Fees. Captain Paul Abbott, Denton Police Department, reviewed the history of the establishment of alarm permits. He also detailed the current alarm policy relative to fees. The number of false alarms in Denton was slightly lower than the national norm. However, the amount of time on each false alarm proved to be costly. The fees revenue to expense for permit fees and false alarm fees was detailed. Staff was recommending lowering the permit fee to $5 and lowering the threshold for false alarms from five false alarms to three false alarms. Other options included eliminating the permit fees or taking no action on the permit fees. Lowering the fee would eliminate the over 65-exemption fee. Alarms for robberies and panics would remain the same with no changes. Council Discussion- . What was the data on false alarms coming from the senior population? Abbott stated he did not have any data for that at this time. . What was the comparison on residential versus commercial alarms? Abbott stated he would prepare that comparison for Council. . Had there been any feedback from the business community on this change? Abbott indicated that they had received a copy of one email proposing a slightly different structure but nothing else on it. . The first option appeared to be the best option. There was a nominal cost to maintain the system and would shift the burden of cost to where it needed to be. Consensus of the Council was to proceed with Option 1 to lower the charge for the permit fee and lower the threshold for false alarms. 2. The Council received a report, held a discussion and gave staff direction regarding the Airport Terminal Proj ect. Howard Martin, Assistant City Manager, reviewed the January 2007 bid. There were 9 contractors attending the pre-bid meeting and the City received three bids on January 16, 2007. Staff was recommending the bid be awarded to ACCO General contractors. Staff recommendation was to approve the TXDOT Terminal Grant Agreement 3 and provide funding for the low bid. City of Denton City Council Minutes February 6, 2007 Page 2 Council Discussion - . There were changes in the bid specifications such as the brick. Was the proposed brick not as good as the original specification? Martin stated that the change in brick allowed a local provider to meet the specifications. The change was not so specific to not allow others to participate in the bid process. . Was the building management system needed for the new building? Martin stated that it could be added at a later date if needed. This was an energy management system that would control the environment in the building for better energy savings. . Did everything in the bid meet city code? Martin replied yes and that the fire suppression system would remain in the bid. . Was the project better because of these changes? Martin replied yes. Consensus of the Council was to proceed with the bid as presented. 3. The Council received a report and gave staff direction regarding Loop 288 Traffic. Interim Chief Langford stated that on November 28, 2006 TxDot started the widening of Loop 288, which caused huge traffic problems. The Police Department had received numerous requests for the use of police officers to direct traffic but it was felt that this would cause more problems. There were six intersections that would be extremely difficult to coordinate with officers on the flow of traffic in all directions. He reviewed the key intersections with proposed changes for signage and increased traffic flow. Several of the intersections would be changed to "no right turn on red" which would help make traffic flow smoother. Staff was continuing to meet formally with TxDot once a month regarding the traffic situation. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for February 6, 2007. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5 :30 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. 1. 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 City of Denton City Council Minutes February 6, 2007 Page 3 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. 2. Legal advice concerning potential litigation against the Comptroller of Public Accounts of the State of Texas regarding sales tax allocation issues and discussion of confidential sales tax data as it relates to potential legal challenges for sales tax allocations. Regular Meeting of the City of Denton City Council on Tuesday, February 6, 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 3. CONSENT AGENDA Robert Donnelly spoke on Items E, I and L. He questioned 3E that the item would be self- funded. He questioned Item 31 in regards to taking Loop 288 west off the congressional priorities list and Item 3L on whether the Chair had met the night before regarding the item. Staff responded to Item 3E indicating that the service provider was paid through the collection process and the fee came from the collection of past due amounts. This was an estimate of the amount the contract would deliver. Mayor Pro Tem Kamp indicated that congressional funding was no longer available for Item 31. City Manager Campbell indicated that there was no formal recommendation from the Parks Board on Item 3L prior to the delivery of the agenda. The Parks Board had since recommended approval. Kamp motioned, Thomson 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. 2007-022 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of ready mix concrete and Portland cement for various City of Denton City Council Minutes February 6, 2007 Page 4 City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3696-Annual Contract for Ready Mix Concrete and Portland Cement awarded to the lowest responsible bidder for each section in the estimated cumulative annual amount of $1,000,000). B. 2007-023 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to the Lower Colorado River Authority (LCRA) and Texas Municipal Power Agency (TMP A) for providing energy transmission services to the City of Denton; and providing an effective date (File 3717-2006 Electrical Energy Transmission Fees-Lower Colorado River Authority in the amount of $295,074 and Texas Municipal Power Agency in the amount of $40,245 for a total award of $335,319). The Public Utilities Board recommended approval (6- 0). C. 2007-024 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of three cab/chassis and two bodies for refuse trucks for the Solid Waste Department, and two dump trucks for the Water/Wastewater Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3702-Interlocal Agreement for the purchase of Heavy Trucks for Various Utility Departments awarded to Rush Truck Centers of TX in the amount of $567,059, and McNeilus Truck and Manufacturing in the amount of $162,340, for a total award of $729,399 excluding the Buy Board fee). The Public Utilities Board recommended approval ( 4-0). D. 2007-025 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of four bucket trucks for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3 711-Interlocal Agreement for the Purchase of Four Bucket Trucks for Denton Municipal Electric awarded to Philpott Ford in the amount of $337,836). The Public Utilities Board recommended approval (6- 0). E. 2007-026 - An ordinance of the City of Denton, Texas accepting competitive sealed bids and awarding a best value contract for collection services for various City of Denton departments; authorizing the expenditure of funds therefor; and providing an effective date (Bid 3624-awarded to Credit Systems International, Inc.). The Public Utilities Board recommended approval (4-0). F. 2007-027 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Anderson Street Repaving Project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3585-Anderson Street Repaving awarded to Quality Excavation Ltd. in an amount not to exceed $104,709.10). City of Denton City Council Minutes February 6, 2007 Page 5 G. 2007-028 - An ordinance accepting competitive bids and awarding an annual contract for street milling services for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3685- Two- Year Contract for Street Milling Services awarded to the lowest responsible bidder meeting specification, Dustrol, Inc., in the estimated cumulative annual amount of $210,000). H. 2007-029 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute on behalf of the City of Denton Amendment No.3 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport and approving terminal project costs not to exceed $1,689,142; and declaring an effective date. I. R2007-002 - A resolution adopting the City of Denton's fiscal year 2008 Congressional Priority Projects for the 110th Congress, and providing an effective date. J. 2007-030 - An ordinance ordering an election to be held in the City of Denton, Texas, on May 12,2007, and if a runoff election is required, on June 16,2007, for the purpose of electing council members to Places 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; designating voting places and appointing election officials; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof; providing an open meetings clause; and providing for an effective date. K. Approved the minutes of: January 9, 2007 January 10, 2007 January 16,2007 L. R2007-003 - A resolution allowing Metzler Food and Beverage to be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras on February 17, 2007, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Chair of the Parks, Recreation and Beautification Board will be making a positive recommendation to the Board at its meeting of February 5, 2007. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding a Detailed Plan for a portion of Tract C of Planned Development District No. 132 (PD- 132). The subject property contained approximately 10.3 acres and was located at the northeast corner of Shady Shores Road and the Rails to Trails right-of-way, west of Swisher Road. The Planning and Zoning Commission recommended approval (6-1). (206-0027, Preserve at Pecan Creek Apartments) City of Denton City Council Minutes February 6, 2007 Page 6 Brian Lockley, Interim Director of Planning and Development, stated that the item was for a detailed plan of a portion of a tract C of PD-132, which also established the zoning on the property. The proposal was in compliance with the Concept Plan for PD 132 and met the requirements for a detailed plan as outlined in the Denton Development Code. He reviewed the traffic regulations and the traffic impact analysis requirements. Council Discussion - . The zoning of the property was approved when the planned development was approved. Consideration at this meeting was to determine if the detailed plan met the requirements of the PD. . Was there adequate access available for emergency vehicles? Lockley replied yes that there was adequate access for emergency vehicles. . There appeared to be utility easements with pipes located in the easements. It appeared that the site plans showed slabs 10-15 feet away from the easement. What was the City's liability if one of those water lines broke and the retaining wall and slab were compromised? City Attorney Snyder stated that the City could be exposed to some liability. He questioned if the applicant would be willing to modify the site plan and move the structures away from any potential liability situation. The Mayor opened the public hearing. Dallas Cothrum presented comments on behalf of the applicant. He stated that they had used as much of the current code for permitting purposes as possible. They could not redo the site but would enter into a hold harmless agreement with the City as a condition of the final plat. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-031 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN FOR 10.3 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT; THE SUBJECT PROPERTY IS GENERALLY LOCATED AT THE NORTHEAST CORNER OF SHADY SHORES ROAD AND THE RAILS TO TRAILS RIGHT-OF-WAY; WEST OF SWISHER ROAD 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. (Z06-0027) Mulroy 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. City of Denton City Council Minutes February 6, 2007 Page 7 B. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 30 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood Residential 3 (NR-3) zoning district, with an overlay district. The subject property was generally located at the southwest corner of Hinkle Drive and Windsor Street. The Planning and Zoning Commission recommended approval (6-0). (206-0014, Parks ide Meadows) Brian Lockley, Interim Director of Planning and Development, stated that this was a proposed rezoning of the property. The existing zoning was NR-2 with NR-3 being requested. The NR-3 zoning would match to the zoning of the neighborhood to the east. An overlay district would limit uses and provide design restrictions on the site. This zoning would be the closest to the existing conditions in the neighborhood as the neighborhood character was a part of the consideration of the request. Some of the requirements to be included were perimeter wrought iron fences at the corner of each lot and at the perimeter of the site; the exterior of the homes would be brick, plus a list of requirements for the single-family detached homes. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Rick Baria, applicant, spoke in favor of the development. Steve Stone, 6327 Freeman Road, Krum, spoke in favor. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-032 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) TO A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATEL Y 30 ACRES, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF HINKLE DRIVE AND WINDSOR STREET AND LEGALL Y DESCRIBED AS SITUATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS BEING A TRACT OF LAND IN THE N.J. MEISENHEIMER SURVEY, ABSTRACT NO. 810 AND THE ROBERT BEAUMONT SURVEY, ABSTRACT NO. 31 AND BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO RA YZOR INVESTMENTS LTD., AS TRACT ONE OF SECTION 5, IN DEED RECORDED IN VOLUME 1796, PAGE 601 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY' PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF' PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0014) City of Denton City Council Minutes February 6, 2007 Page 8 Thomson 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. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance renaming the Civic Center Park, and declaring an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). Emerson V orel, Interim Director of Parks and Recreation, stated that the recommendation from the Parks, Recreation and Beautification Board was to rename the Civic Center Park to Quakertown Park. He presented a brief history of the development of the park. A Renaming Committee had made a recommendation to the Parks Board to change the name of the park. The Board was recommending the change to the City Council. Council Member Montgomery asked if a public hearing had been included in the review process. V orel indicated that staff followed the policy per renaming of parks. The following individuals spoke regarding the issue: Jill Pennington, 771 Lacey Oak Lane, Lake Dallas, 75065 - favor (DISD teacher) Lena Stiggers, 628 Corral Street, Aubrey, 76227 - favor (DISD teacher) Samantha Guerrero, 2275 Chinn Road, Denton, 76207 - favor (DISD student) Erin Parks, 1400 Manten, Denton, 76208 - favor (DISD student) Bailey Rabalais, 3705 St. Johns, Denton, 76201 - favor (DISD student) David Khafaji, 2708 Stephen Drive, Denton, 76207 - favor (DISD student) Olivia Espinoza, 1235 Kingston Place, Aubrey, 76227 - favor Peggy Capps, representing Denton County Historical Commission - favor Shere and George Yancey, 4016 Shiraz, Denton, 76226 - favor Mark Hannah, 3517 Bentley Court, Denton, 76210 - requested a public hearing Council Discussion- Council Member Montgomery indicated that while he was in favor of the name change, he objected to the process and thought that a public hearing might have been a better process for the name change. Mayor Pro Tem Kamp indicated that the City followed the policy for renaming of a park. There was no statutory requirement that required a specific procedure. Deputy Mayor Pro Tem Mulroy indicated that the process had been in the news so citizens should have known about it. The following ordinance was considered: City of Denton City Council Minutes February 6, 2007 Page 9 NO. 2007-033 AN ORDINANCE RENAMING THE CIVIC CENTER PARK, AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "nay", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried with a 6-1 vote. B. The Council considered adoption of an ordinance on second and final reading to voluntarily annex approximately 1.9 acres into the corporate city limits of the City of Denton, Texas. The property was generally located in the southeastern area of the City of Denton's extraterritorial jurisdiction on Teasley Lane and Old Alton Road legally described as a part of a 5.41-acre tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas. The Planning and Zoning Commission recommended approval (7-0). (A 06-0002, Corinth Substation Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was the second and final reading of the voluntary annexation of the property to be used as a Corinth substation for TXU. The following ordinance was considered: NO. 2007-034 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 1.9 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE SOUTHEASTERN AREA OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION (ETJ); GENERALL Y ON TEASLEY LANE AND OLD AL TON ROAD LEGALL Y DESCRIBED AS A PART OF A 5.41 ACRE TRACT OF LAND SITUATED IN THE J. C. BAKER SURVEY, ABSTRACT 47, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0002) Kamp motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. The Council considered nominations/appointments to the City's Boards and Commissions. 2. Human Services Advisory Committee - Mayor Pro Tem Kamp Mayor Pro Tem Kamp did not have a nomination at this time. 3. Traffic Safety Commission - Council Member Heggins Council Member Heggins did not have a nomination at this time. City of Denton City Council Minutes February 6, 2007 Page 10 4. Public Art Committee - Council Member Heggins Council Member Heggins did not have a nomination at this time. 5. Animal Shelter Advisory Committee - Council Member Thomson Council Member Thomson nominated Dr. Granville Wright to the Animal Shelter Advisory Committee. 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. Council reviewed the procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Linda Knowles regarding red light at Wood and McKinney. Ms. Knowles indicated that she was not in favor of removing the light at Wood and McKinney. Her business was at that corner and felt it would not be beneficial if the light were removed. She felt it was important when trying to make a left hand turn from Wood onto McKinney. The light decreased the number of accidents at the intersection and for safety sake, the light should remain. B. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not at the meeting. C. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not at the meeting. D. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not at the meeting. E. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth complained about the students approaching the Council dais, which was in conflict with the Council's rules. He also felt that the students were given extra time as opposed to others who spoke regarding the renaming of the park. He again complained about the smoking area at the entrance of the building. He noted that nothing was said about giving money to Quakertown former residents for the taking of their land. F. Robert Donnelly regarding the Development Code. Mr. Donnelly felt the Council should step forward and help him with his development issue. He read the Council's oath of office, which indicated Council would defend the ordinances of the city. Council should defend the Development Code and developers were not following the Code City of Denton City Council Minutes February 6, 2007 Page 11 with citizens being damaged by their actions. He felt Council was disregarding their oath and Denton needed a Council that would defend the Code. E. New Business Deputy Mayor Pro Tem Mulroy suggested that after the design for signs and commemorative plaques was completed, staff should provide Council with an estimate of the cost, as there may be private contributions for the signage and plaques. F. City Manager's Report City Manager Campbell did not have anything 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 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 on Closed Meeting items. With no further business, the meeting was adjourned at 8:28 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS