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June 5, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES June 5, 2007 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 5, 2007 at 4:00 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, and Watts. ABSENT: Council Member Thomson 1. The Council received a report, held a discussion and gave staff direction regarding the removal of property in the downtown area from the floodplain and discussed issues relating to flooding experienced during the April 24th storm. Jim Coulter, Director of Water/Wastewater, presented photos from the flood event of areas around City Hall and the Emily Fowler Library. He stated that the drainage fee was established in 2002 to target the major east/west-north/south corridors. The Development Code prohibited homes from being constructed in the floodplain. Channel maintenance improvements had increased. He indicated that during the last storm and during storms in the past, there were a number of people who still drove around barricades during a flood. This was in violation of Transportation Code 472.022. Council had asked how much it would cost to do improvements in the downtown area to remove properties from the floodplain. Staff estimated that PED would cost $4.956 million; Eagle Drive, $3.9 million; Pecan Creek, $39 million; North Pecan, $5.7 million for an approximate total of $59 million in today's dollars to remove properties from the floodplain. Council discussion- • What happened to the estimate by the consulting firm for the drainage master plan for the years 1996-2007? Coulter replied that the 1996 project removed 110 acres around Bell Avenue from the floodplain and the drainage was established in 2002. • A concern was expressed that it took a 100 year flood to get back on track with drainage projects. Coulter reviewed a chart of floodplain/non-floodplain property and appraised values in the downtown area. Council discussed if it would be feasible to go further upstream and not replace so much valuable property - to build for the exception. Coulter reviewed the flood insurance estimates for homes of various values, with and without contents in the flood zone. Notices were sent out annually to residents regarding flood zone areas. Just to fix the problem was an enormous cost and if completed, did not guarantee that there might be a 1000 year storm or higher. The best that could be done was to reduce the frequency homes would be flooded. It was estimated that there were 1400 structures in the floodplain with 166 homes damaged during the last storm. Options to consider included (1) continue the drainage program at the current level, (2) continue the program at the current level and increase efforts to encourage home owners and business owners in the floodplain to purchase flood insurance, (3) purchase developed properties at-risk of City of Denton City Council Minutes June 5, 2007 Page 2 flooding and remove residences or buildings from the floodplain with a cost estimate 150 homes at $80,000 for $12,800.00, (4) obtain drainage easements and construct drainage improvements such as channel widening and culverts or bridges to lower the base flood elevations and contain floodwaters within designated channels and easement areas for a cost estimate for the entire city of $200 million plus. Staff recommendations included continuing the drainage program at the current level, continuing to notify those property owners in the floodplain of flood insurance, and enforcing Transportation Code 472.022 for driving around barricades. Council requested a comparison of land values and structure values of homes in the floodplain with a 5 year projection of cost dollars per year to spend on projects. List a priority of projects detailing where the city could get the most relief for the amount of dollars spent. 2. Staff responded to requests for clarification of agenda items listed on the agenda for June 5, 2007. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:00 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Deliberations regarding Personnel Matters -Under TEXAS GOVERNMENT CODE Section 551.074. 1. Deliberated and discussed the evaluation of a candidate for the Internal Auditor position, including the selection, employment and evaluation of a future Internal Auditor. B. Deliberations regarding Real Property -Under TEXAS GOVERNMENT CODE Section 551.072. 1. Received a report, held a discussion, and gave staff direction, pertaining to the possible location of, the purchase price of, and valuation issues respecting the possible acquisition of an approximate three (3) acre tract of real property by the City of Denton Municipal Utilities Department for a public purpose; which real property lies within the Asa Hickman Survey, Abstract No. 521, City of Denton, Denton County, Texas, and is located East of the Kansas City Southern Railway, South of the Denia Park area. C. Deliberation regarding Personnel Matters -Under TEXAS GOVERNMENT CODE section 551.074 1. Deliberated and discussed the evaluation of the City Manager, including a discussion of performance measures for and the duties of the City Council appointee. City of Denton City Council Minutes June 5, 2007 Page 3 D. Consultation with Attorney -Under TEXAS GOVERNMENT CODE Section 551.071. 1. Consulted with attorneys regarding safety procedures and avoidance of liability claims. E. Consultation with Attorney -Under TEXAS GOVERNMENT CODE Section 551.071 and Deliberations regarding Real Property - Under TEXAS GOVERNMENT CODE Section 551.072. 1. Received legal advice from the City Attorney relating to the lease of City right-of way for property at 207 North Elm and deliberations regarding the lease of City property. Regular Meeting of the City of Denton City Council on Tuesday, June 5, 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 There were no proclamations or awards presented at this meeting. 3. CONSENT AGENDA Mayor McNeill requested that Item 3V be pulled for individual consideration. Mulroy motioned, Heggins seconded to approve the Consent Agenda with the exception of Item 3V. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Watts "aye" and Mayor McNeill "aye". Motion carried unanimously. Item V was considered. Emerson Vorel, Interim Director of Parks and Recreation, indicated that there were no outstanding issues associated with the request. All of the insurance was up-to-date and the TABC was waiting for council approval to issue the permit. He believed all issues were worked through and the event was ready to go. Mulroy motioned, Heggins seconded to approve Item 3V noting that the TABC license had to be produced before the holding of the event. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Watts "aye" and Mayor McNeill "aye". Motion carried unanimously. City of Denton City Council Minutes June 5, 2007 Page 4 Makalani Jones spoke regarding the event. A. Approved a request for two separate exceptions to the Noise Ordinance (Section 20-1, 4C 2E and 20-1, 3) for the purpose of the Apollo Nights (facilitated by Mr. Harold Jackson) on Tuesday, June 19th from 4:00 p.m. to 11:00 p.m. and the following Sundays: July 1st, July 15th, and July 29th from 5:00 p.m. to 10:00 p.m.; and for Music Nights (also facilitated by Mr. Harold Jackson) on the following Sundays: July 8th and July 22nd. These events will be held in the Fred Moore Park. The requestor was specifically asking for an exception to the noise ordinance to allow amplified sound on the Sundays listed and for amplified sound for hours after 10:00 p.m. on Tuesday, June 19th B. Approved a request for an exception to the Noise Ordinance for amplified sound for a fundraising rodeo and musical concert to be held at the North Texas Fairgrounds on Saturday, June 16, 2007. The exception was specifically requested to extend the hours from 10:00 p.m. to 12:00 a.m. for amplified sound. The event was a fund raiser for the four year old son of Michelle Oldham, a child with medical conditions. C. Approved a request for an exception to the Noise Ordinance for the purpose of the Singing Oaks Church of Christ carnival on Sunday, June 10th from 3:30 p.m. to 7:30 p.m. The event will be held in the church parking lot located at 101 Cardinal Drive. The requestor was specifically asking for an exception to the noise ordinance to allow amplified sound on Sunday. D. R2007-014 - A resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. E. Approved a tax refund for the following property tax: Name Reason Tax Amount Year 1. EMC Mortgage Over°payment 2006 $ 2,499.38 F. 2007-115 - 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 five agencies for providing energy transmission services to the City of Denton; and providing an effective date (File 3790-2007 Electrical Energy Transmission Fees in the total amount of $255,904). The Public Utilities Board recommended approval (4-0). G. 2007-116 - An ordinance providing for the expenditure of funds for the emergency purchase of building clean up services due to flood damage for the City of Denton in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3801-Clean Up of Flood Damage to Municipal building and Civic Center for the City of Denton awarded to ServiceMaster Clean in the amount of $40,399.35). City of Denton City Council Minutes June 5, 2007 Page 5 H. 2007-117 - An ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the Lower Colorado River Authority (LCRA) under Section 271.102 of the Local Government Code, for the purchase of 15kVA, 25kVA, and 50kVA transformers; providing for the expenditure of funds therefor; and providing an effective date (File 3789-Interlocal Agreement for Purchase of Transformers with LCRA awarded to Techline, Ltd., in the amount of $189,985.08). The Public Utilities Board recommended approval (4-0). I. 2007-118 - An ordinance authorizing the City Manager to execute an amendment to a Professional Services Agreement with the firm of R.J. Covington, LLC to prepare and coordinate Denton Municipal Electric's 2007 Earning Monitoring Report; authorizing the expenditure of funds therefor; and providing an effective date (File 3747 in an amount not to exceed $31,500 for a total contract amount of $116,500.). The Public Utilities Board recommended approval (4-0). J. 2007-119 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Pecan Creek Water Reclamation Plant filter improvements for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3776-Pecan Creek Water Reclamation Plant Gravity Filter Improvements awarded to Crescent Constructors, Inc. in the amount of $427,000). The Public Utilities Board recommended approval (4-0). K. 2007-120 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the asphalt and concrete street sections including repairs for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3708-Annual Contract for Asphalt and Concrete Street Sections and Repairs awarded to the lowest responsible bidder for each item, Jagoe-Public Company in the annual estimated amount of $1,500,000). L. 2007-121 - An ordinance determining a sole source and approving the expenditure of funds for the purchase of phone service for the City of Denton 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 3798-Purchase of a Two-Year Contracted Rate for the City of Denton Phone Service awarded to Verizon Business Network Services in the annual amount of $19,200 for a total award amount of $3 8,400). M. 2007-122 - An ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of two 55' aerial device bucket trucks and one hydraulic rotating digger derrick truck as awarded by the State of Texas Building and Procurement Commission contract TXMAS-7-23V040; providing for the expenditure of funds therefor; and providing an effective date (File 3724-Heavy Services Trucks for Denton Municipal Electric awarded to Grande Truck Center in the amount of $385,357.). The Public Utilities Board recommended approval (5-0). City of Denton City Council Minutes June 5, 2007 Page 6 N. R2007-015 - A resolution authorizing the City Manager to execute an agreement between the City of Denton and the Texas Commission on Environmental Quality (T.C.E.Q.) granting a license to the Texas Commission on Environmental Quality for an air pollution monitoring station; and declaring an effective date. The Airport Advisory Board recommended approval (6-0). The Mobility Committee recommended approval (3-0). 0. 2007-123 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and South Ridge Recreation Club for the enhancement and beautification of the fence line around the swimming pool; providing for the expenditure of funds therefor; and providing for an effective date. ($200.00) P. 2007-124 - An ordinance appointing Steve Shepherd as Internal Auditor, approving an employment agreement; authorizing the Mayor to execute this agreement employing Steve Shepherd as Internal Auditor of the City of Denton, Texas; and setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date. Q. 2007-125 - An ordinance of the City of Denton, Texas, authorizing the City Manager to execute an agreement by and between the City of Denton, Texas and Denton 288, L.P. for the provisions of sanitary sewer and water facilities pertaining to the Hills of Denton, a development located in the City of Denton, Texas; and providing an effective date. The Public Utilities Board recommended approval (6-0). R. Approved a request for an exception to the Noise Ordinance for the purpose of a music festival, Fry Street Concert Series, conducted by D.H.S. Entertainment in the area of Fry Street, behind Lucky Lou's and Riprocks, to benefit the Susan G. Koman Foundation. The event was to be held on Saturday, June 23, 2007, from 2:00 p.m. to 8:30 p.m. The exception was specifically requested for an increase in the maximum allowable sound level for an outdoor music festival from 70 decibels to 75 decibels. S. 2007-126 - An ordinance amending the City Manager's Employment Agreement and authorizing the Mayor to execute said Agreement setting the compensation and terms of employment; authorizing expenditures and actions; and providing an effective date. T. 2007-127 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Parks Foundation to support the 2007 Juneteenth Celebration; providing for the expenditure of funds therefor; and providing for an effective date. ($250.00) U. 2007-128 - An ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the city of Denton totaling $12,000,000; and providing for an effective date. V. R2007-016 - A resolution allowing Kramerov Beverages, Inc. to be the sole participant allowed to sell alcoholic beverages at the Makalani Movement Music Festival/Juneteenth Celebration on June 9, 2007, upon certain conditions; City of Denton City Council Minutes June 5, 2007 Page 7 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) contingent on him obtaining all TABC license and permits through a licensed vendor and all other pertinent documentation before submitting the recommendation to City Counci . 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding the adjustment of the jurisdictional boundary between the City of Denton and the City of Corinth. The boundary adjustment would result in transferring 0.961 acres from the City of Denton to the City of Corinth (SI06-0003). The Planning & Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Development, stated that this was a request for a boundary adjustment with the City of Corinth. The purpose of the request was to facilitate the negotiation of Lake Sharon Estates for a four lane divided highway in City of Corinth. The proposed Lake Sharon Drive would tie in with Denton's mobility plan. Corinth had already adopted the proposed change. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: N0.2007-129 AN ORDINANCE APPROVING A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Watts "aye" and Mayor McNei11 "aye". Motion carried unanimous y. B. The Council held a public hearing and considered adoption of an ordinance concerning the creation of an overlay district for approximately 77.628 acres located on the east side of Fort Worth Drive at Fairway Drive. The proposed overlay district will deviate from development standards of the Denton Development Code concerning lot coverage and setbacks and provide additional architectural standards to allow large homes than is currently allowed on the subject property. The property was located within a Neighborhood Residential 2 (NR-2) zoning district (Z06-0035). The Planning and Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Development, stated that this proposal was for an overlay district for Country Club Village. The applicant was requesting to deviate from the requirements in the Denton Development Code regarding lot coverage, side yard setbacks, block City of Denton City Council Minutes June 5, 2007 Page 8 length and cul-de-sac lengths. The purpose was to allow the development of larger homes than could be built under the current regulations and match the existing residential standards being developed in Phase 1 of the subdivisions. The overlay district would include more stringent architectural and site design standards than was currently requested by the Code. Deputy Mayor Pro Tem Mulroy felt that the definition of an overlay was to be more restrictive than less restrictive and he considered this request to be less restrictive. He felt street lengths were more of a variance item rather than an overlay district item. He was not at issue with the merits of the proposal. He was at issue with the definition of overlay. He asked if there was another way to do the proposal without an overlay. Lockley replied that other alternatives were considered and the overlay was the best scenario. City Attorney Snyder stated that the Code did not specifically say that an overlay had to be more restrictive than less restrictive. Staff had reviewed the proposal and could not come up with another vehicle to accommodate the developer's issues. The developer might also have an argument for vested rights in the original zoning based on state law. Deputy Mayor Pro Tem Mulroy indicated that he would have a problem setting a precedent with an overlay that was less restrictive than more restrictive. Council Member Montgomery indicated that the proposal had been through the Planning and Zoning Commission process without a problem. The Mayor opened the public hearing. Larry Reichhart, Spring Brook Planning Group, requested approval. The Mayor closed the public hearing. The following ordinance was considered: N0.2007-13 0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN OVERLAY DISTRICT ON APPROXIMATELY 77.628 ACRES OF LAND LOCATED ON THE EAST SIDE OF FORT WORTH DRIVE AT FAIRWAY DRIVE CURRENTLY ZONED WITH A BASE ZONING CLASSIFICATION AND USE DESIGNATION OF NEIGHBORHOOD RESIDENTIAL 2 (NR-2), AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT A, ATTACHED HERETO, AND DEPICTED ON EXHIBIT B ATTACHED HERETO; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Z06-0035) Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Watts "aye" and Mayor McNei11 "aye". Motion carried unanimous y. City of Denton City Council Minutes June 5, 2007 Page 9 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered nominations to the Denton County Housing Finance Corporation (DCHFC). Mayor McNeill indicated that there were currently two vacancies on the Board. He nominated Phil Diebel, George Highfill and re-nominated Linnie McAdams, Phil Gallivan, and Mark Chew. Mayor Pro Tem Kamp nominated Euline Brock. Mayor McNeill indicated that the Council would vote on the nominations in the order presented. On roll vote for Phil Diebel, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Watts "aye" and Mayor McNeill "aye". Motion carried unanimously. On roll vote for George Highfill, Heggins "aye", Kamp "nay", Montgomery "aye", Mulroy "aye", Watts "aye" and Mayor McNeill "aye". Motion carried with a 5-1 vote. On ro11 vote for Linnie McAdams, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Watts "aye" and Mayor McNeill "aye". Motion carried unanimously. On roll vote for Phil Gallivan, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Watts "aye" and Mayor McNeill "aye". Motion carried unanimously. On roll vote for Mark Chew, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Watts "aye" and Mayor McNeill "aye". Motion carried unanimously. Mayor McNeill indicated that the above individuals would fill the vacancies. B. Citizen Reports 1. Council reviewed the procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Nell Yeldell regarding DCTA surveys. Ms. Yeldell was not present at the meeting. B. Pat Foutch, representing the Lee Meadows Subdivision Property Owners, regarding drainage issues. Ms. Foutch stated homes on Mack Place were flooded during the recent heavy rains. The neighborhood felt that development in the area on Oak Tree Street and the removal of the creek had caused the flooding. No action was taken by the City after the flooding was reported. The neighbors felt that to prevent future flooding, the City needed to complete a study and a survey of the flooded area, provide plans for a drainage system for flooding, install a proper drainage system for the subdivision, be aware that this was a time sensitive issue to address and City of Denton City Council Minutes June 5, 2007 Page 10 implement the procedures as soon as possible, preferably before September 1, 2007 and the beginning of the fall raining season. C. Jan Thompson regarding a presentation on Texas Master Naturalists -Clear Creek. Ms. Thompson presented a framed collage of the Clear Creek site and expressed gratitude to the Council for its support of the area. C. New Business and Announcements There were no items of New Business and Announcements requested by Council. 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 taken on Closed Meeting Items. With no further business, the meeting was adj ourned at 7:41 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS