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July 24, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES July 24, 2007 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 24, 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, Montgomery, Thomson, and Watts. ABSENT: None 1.Staff responded to requests for clarification and discussion of agenda items listed on the agenda for July 24, 2007. 2.The Council received a report; held a discussion, and gave staff direction regarding wireless (WiFi) services in the city of Denton. Alex Pettit, Director of Technology Services, presented information regarding municipal wireless. Wireless and broadband systems were driving growth in their respective markets. There were three services available for subscription at the present time - AT&T Edge, Sprint/NEXTEL, and Verizon. By 2008, WiMax would be available which was the next generation for this technology. WiFi had been operational at the South Branch Library since June 1, 2006. The Library had 303 unique users from June 1, 2006-May 31, 2007. It averaged 57 users/month with 34 consistent users of the service. It was thought that public/private partnerships would be the driving force in the growth of the wireless web technology. He reviewed estimated annual WiFi maintenance costs per year. Council felt that it would be best to leave the technology alone and let private business handle the technology. It was discussed that the City providing the service would work against businesses that were trying to attract customers with the usage of the network. Consensus of the Council was that it would not be feasible to do this at this time and to wait until technology improved. 3.The Council received a report, held a discussion and gave staff direction regarding requests for amendments to Chapter 20 (Nuisances), Chapter 21 (Offenses), and Chapter 24 (Solid Waste) of the Denton Code of Ordinances, and Subchapters 12 and 13 of the Denton Development Code. Lancine Bentley, Program Area Manager, presented the proposed ordinance changes. Staff felt these amendments were needed to strengthen or clarify provisions, to eliminate conflict with existing provisions, and/or to allow for needed changes in Code enforcement procedures. (1) Service notice – add a provision to allow the option of mailing notices of violations. Council did not have any objections to this change. (2) Service notice-eliminate the provision requiring delivery of the notice to be by certified mail. Council did not have any objections to this change. (3) Expand the definition for improved surface to include crushed stone or pea gravel. Council agreed with the change. City of Denton City Council Minutes July 24, 2007 Page 2 (4) Disallow “for sale” vehicles to be displayed on city streets. Council discussed the pros and cons of not allowing “for sale” vehicles to be parked on public streets. It was noted that the city currently had a provision that a vehicle could not be parked in the same location for more than 20 hours. It was felt that provision would take care of the “for sale” cars parking on a street as they would have to be moved every 20 hours. Council recommendation was to place first emphasis on cars not being moved every 20 hours and after a year look at the issue again. It would remain permissible to park “for sale” cars on public streets per the current regulations. (5) Disallow parking/storage of tow trucks on a residential streets. Council was in agreement with this change. (6) Allow for the parking of four pieces of operable agricultural equipment on unimproved surfaces located 100’ from the street and adjacent properties on properties that exceeded two acres. After discussion, Council determined that this provision should be complaint driven, that the number of pieces should be removed and add criteria for appearance or change the distance requirements. (7) Develop criteria for improved surfaces used or added for the purpose of parking vehicles in front yards. Currently new surfaces added for the purpose of parking could be poured in locations that may require the citizen to drive across the yard to access the parking pad. Staff was recommending amending the language so that any improved surfaces added for the purpose of parking vehicles must be attached to an existing driveway and be made of the same materials as the existing driveway. Crushed stone and pea gravel driveways would be poured to a four inch depth and bordered. Dirt driveways would not be allowed. Council discussed the types of materials that might be used for extensions of driveways. It might present a problem if the original driveway was concrete and the extension also had to be concrete as then most of the yard would be an impermeable surface. Homeowners of larger lots might want to use crushed rock or another type of permeable surface. Consensus of the Council was to allow a different type of material from the original driveway materials but it must be at grade level to the existing surface. (8) Disallow side yard parking except where the garage was in the rear and not accessed from an alley. This change would conform to the Development Code provisions making Chapter 20 in compliance with the Code. Council discussed provisions in the Development Code versus the Code Enforcement Chapter 20. It was felt that the Development Code should be reflective of new development and enforcement should be in Chapter 20. Chapter 20 did not have to match with the Development Code. No changes were recommended at this point. City of Denton City Council Minutes July 24, 2007 Page 3 (9) Storage of goods in rights-of-way. Staff was recommending a change in wording from “parkway” to “right-of-way” and to not allow goods to be stored on any public street or alley. The intent was to keep portable basketball goals from being stored on the street. Council was in agreement with the changes. (10) Disallow the use of tarps and miscellaneous covers to conceal operable motor vehicles and other vehicles and only allow a cover designed for a specific make and model to be used. Council expressed concern about being too specific for a particular make and model of cover. They suggested using generic wording instead of specific make and model of vehicle. A suggestion was “so long as the cover was fitted to the vehicle”. (11) Trash and recycling containers. Change the provisions to specify proper placement of carts on non-collection days as the current ordinance did not provide language for the enforcement of carts left in the middle of the yard or driveway, or within a few feet of the curb. After discussion, the Council felt that the wording “behind the front building line” should be removed from the proposed language. (12) Eliminate Sections 24043(d) as these were to have been eliminated with the passage of the new sections of the ordinance. Council approved this change. (13) Not allow visible storage of some items on residential properties. The Development Code had provisions limiting outside storage on commercial properties. However, there was no companion code in Chapter 20 limiting outside storage on residential properties. Council made the following suggestions for this provision: eliminate the wording “front building line”, check with other communities on their provisions for storage of items on residential properties, and consider a term such as “inoperable” for items. (14) The Development Code did not have a provision for disallowing tow trucks as a home business. Staff suggested changing the wording in the Code to include “standard” pickup as an allowed vehicle to park overnight in a residential area. Council agreed with the change. (15) Add towing businesses as disallow home occupations. Council again discussed moving the enforcement provisions out of the Development Code and into Chapter 20 but was in agreement with the addition to the provision. (16) Change the provision for maintaining street trees to 15 feet from the curb line. The Development Code indicated a 15 foot provision while the Code of Ordinances indicated 12 feet. Council was in agreement to change the provision to 15 feet. City of Denton City Council Minutes July 24, 2007 Page 4 (17) Clarify the height restrictions on fencing. The Code did not address the height of back or side yard fences. It was recommended to change the Code to indicate that no erected fence could exceed 8 feet in height. Also, amend Chapter 20 provisions so the front fences could not be higher than 3 and a half feet and side and back fences no higher than 8 feet. Council agreed with the suggested changes. (18) Materials for fences – limit the materials used for fences to those that are designed specifically for fences. Council suggested allowing for a variance for fencing materials as there were times when alternative interesting materials could be used for fences and there should be provisions for a variance. Consensus of the Council was to proceed with direction given on each item. 4.The Council received a report, held a discussion and gave staff direction regarding nominations to the City’s Boards and Commissions. The Council may convene into Closed Session under Texas Government Code Section 551.074 to deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Construction Advisory and Appeals Board, the Economic Development Partnership Board, the Historic Landmark Commission, the Planning and Zoning Commission, the Traffic Safety Commission, and the Zoning Board of Adjustment. Mayor McNeill reviewed the list of nominations that had been presented at a prior meeting and asked if any council member had further nominations to add. Council Member Heggins nominated John Baines to the Public Utilities Board, Dorothy Watts to the Community Development Advisory Committee and Reginald Heard to the Parks, Beautification and Recreation Board. Mayor McNeill indicated that Council would be voting on all nominations during the regular session. 5.The Council received an update from Mayor Pro Tem Kamp on mobility issues. Mayor Pro Tem Kamp presented a review of the various agencies and committees associated with mobility. Those included the Dallas Regional Mobility Committee, the Regional Transportation Council, TEX-21, NASCO and the Denton County Transportation Authority. 6.Council received a report, held a discussion and gave staff direction regarding a slate of projects to be submitted for Comprehensive Development Agreement funding associated with the tolling of State Highway 121. Jim Coulter, Director of Water/Wastewater, stated that there were three projects recommended for funding. Those included Mayhill Road, Lakeview Boulevard, Bonnie Brae from IH35E south to U. S. 377 and Metro/Corbin Road. The County and TxDOT were still compiling their lists of projects. City of Denton City Council Minutes July 24, 2007 Page 5 Consensus of the Council was to proceed with the recommended list. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Council convened in Closed Meeting at 6:15 p.m. to consider: A.Consultation with Attorney – Under Texas Government Code Section 551.071. 1.Considered and discussed litigation styled Robert T. Clifton v. City of Denton, Cause No. 4:06-cv-472, currently pending in the U.S. District Court, Eastern District, Sherman Division. B.Consultation with Attorney – Under Texas Government Code Section 551.071 and Deliberations regarding Real Property – Under Texas Government Code Section 551.072. 1.Legal advice from the City Attorney relating to the Animal Shelter Agreement. Also, deliberations regarding acquisition of the future site for the proposed animal shelter. C.Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071 and Section 551.087 – Deliberations regarding Economic Development Negotiations. 1.Received a report and held a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to Aldi Inc. with respect to development of a distribution center. This discussion shall include commercial and financial information the City Council has received from Aldi Inc., which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. D.Deliberations regarding personnel matters – Under Texas Government Code Section 551.074. 1.Deliberated the evaluation and duties of City Council appointees. Regular Meeting of the City of Denton City Council on Tuesday, July 24, 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. City of Denton City Council Minutes July 24, 2007 Page 6 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards B.July Yard-of-the-Month Awards There were no proclamations or Yard-of-the-Month awards. 3. CONSENT AGENDA Mayor McNeill reviewed the items for consideration on the Consent Agenda. Thomson motioned, Mulroy 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.2007-158 - 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 families; providing for the expenditure of funds therefor; and providing for an effective date. ($250) B.2007-159 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Community Theatre regarding travel expenses associated with the “AACTFEST 2007”, an International Theater to be held in Heidelberg, Germany for the showcase production of “Crowns”, being an African American Musical Production; providing that this program serves a municipal and public purpose of promoting the arts and tourism within Denton; providing for the expenditure of funds therefor; and providing for an effective date. ($1,539) C.2007-160 - An ordinance of the City of Denton authorizing the abandonment of a 0.88 acre public utility easement tract recorded in Volume 5322, Page 1096, of the Real Property Records of Denton County, Texas, the abandonment of a 0.183 acre public drainage easement recorded in Volume 5322, Page 1107, of the Real Property Records of Denton County, Texas and the abandonment of a 1.077 acre public drainage easement recorded in Volume 5322, Page 1112 of the Real Property Records of Denton County, Texas situated in the D. Hough Survey, Abstract No. 646. D.R2007-020 - A resolution establishing guidelines for Public Improvement Districts; and providing an effective date. E.R2007-021 - A resolution allowing the Denton Black Chamber of Commerce to th be the sole participant allowed to sell alcoholic beverages at the 9 Annual Blues Festival on September 15, 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 Parks, Recreation and Beautification Board recommended approval (5-0). City of Denton City Council Minutes July 24, 2007 Page 7 4. ITEMS FOR INDIVIDUAL CONSIDERATION A.Council considered and confirmed the appointments by the Mayor to the following: 1.Community Justice Council 2.Convention and Visitors Bureau 3.Dallas Regional Mobility Coalition 4.Lake Ray Roberts Planning and Zoning Commission 5.Regional Transportation Council 6.Texas Municipal Power Agency Board of Directors Mulroy motioned, Kamp seconded to confirm the appointments as listed in the agenda backup materials. 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 appointments of the following boards and commissions: 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Construction Advisory and Appeals Board 5. Economic Development Partnership Board 6. Historic Landmark Commission 7. Human Services Advisory Committee 8. Library Board 9. Parks, Recreation and Beautification Board 10. Planning and Zoning Commission 11. Public Art Committee 12. Public Utilities Board 13. Traffic Safety Commission 14. Zoning Board of Adjustment Kamp motioned, Watt seconded to approve the nominations as noted in the agenda backup materials with the exception of the Airport Advisory Board which would be voted on separately. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Mulroy motioned, Kamp seconded to approve the nominations of Bob Eames and John Kristoferson to the Airport Advisory Board. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Deputy Mayor Pro Tem Mulroy left the meeting. Heggins motioned, Thomson seconded to approve the nomination of Rick Woolfolk to the Airport Advisory Board. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Deputy Mayor Pro Tem Mulroy returned to the meeting. City of Denton City Council Minutes July 24, 2007 Page 8 C.New Business and Announcements Council suggested the following items of New Business: Mayor Pro Tem Kamp asked for either a report or a work session discussion on airport issues, especially the runway extension and steps to involve legislators. Council Member Montgomery requested a work session to address the issue of the Farmers Market. D.City Manager’s Report City Manager Campbell did not have any items for Council. E.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. F.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 7:30 p.m. ______________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ______________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS