Loading...
May 1, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES May 1, 2007 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 1, 2007 at 5:30 p.m.in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: Mayor Pro Tem Kamp 1.Staff responded to requests for clarification of agenda items listed on the agenda for May 1, 2007. Council Member Thomson indicated he would pull Item E for separate consideration. Mayor Pro Tem Kamp arrived at the meeting. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:35 p.m. to consider the specific items listed below. 1.Closed Meeting: A.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 held a discussion regarding granting economic development incentives to Allegiance Development with respect to development at Rayzor Ranch. This discussion shall include commercial or financial information the City Council has received from Allegiance Development, 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. Regular Meeting of the City of Denton City Council on Tuesday, May 1, 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 City of Denton City Council Minutes May 1, 2007 Page 2 Mayor McNeill presented proclamations for National Preservation Week and Drinking Water Week in Denton. 3. CONSENT AGENDA Mayor McNeill indicated that a speaker card had been submitted for Item 3A on the Consent Agenda. Council Member Thomson requested that Item 3E be considered separately. Bob Clifton, 730 Wainwright, Denton, stated that the ordinance being proposed for Item 3A was advocating a reward for bad behavior. He was not in favor of the ordinance. Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item E. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. Item E was considered. Council Member Thomson felt that extending the hours of the event to 1 a.m. seemed to be unreasonable. There were many homes in the area and that hour was too late. He would be voting against the proposal. Council discussed a substitute time for ending the event, the type of event that would be held that day, the comparable time frames as the North Texas State Fair event and how the holders of the event would be sensitive to the neighborhood. Montgomery motioned, Kamp seconded to approve 3E as presented. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “nay” and Mayor McNeill “aye”. Motion carried with a 6-1 vote. A.2007-088 - An ordinance amending Sections 2-243 through 2-250 of Article VIII of Chapter 2 of the Code of Ordinances of the City of Denton, Texas, providing for legal defense and indemnification of city officers and employees; providing for a severability clause, providing for a savings clause; and providing for an effective date. B.2007-089 - An ordinance accepting competitive bids and awarding a public works contract for the relocation of the Morse Street 18 Inch Sanitary Sewer for the City of Denton; providing for the expenditure of funds therefore; and providing an effective date (Bid 3750–Morse Street 18” Sanitary Sewer Relocation awarded to JT Dersner, Inc. in an amount not to exceed $218,612.75). The Public Utilities Board recommended approval (7-0). C.2007-090 - An ordinance determining a sole source and approving the expenditure of funds for the purchase of hardware to upgrade the Remote Terminal Units (RTUs) at five Denton Municipal Electric Substations available from only one source in City of Denton City Council Minutes May 1, 2007 Page 3 accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3758– Purchase of Remote Terminal Units for Denton Municipal Electric Substations awarded to Advanced Control Systems, Inc. in the amount of $103,198). The Public Utilities Board recommended approval (7-0). D.2007-091 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Retired and Senior Volunteer Program to assist with funding the printing and mailing costs of the agency brochure; providing that this program serves a municipal and public purpose; providing for the expenditure of funds and an effective date. ($500.00) E.Approved a request for an exception to the Noise Ordinance for the purpose of a st music festival, the 1 Annual Summer Showdown, sponsored by the North Texas State Fair Association, located at 2217 N. Carroll Blvd. The event is to be held on Saturday, June 9, 2007, beginning at 11:00 a.m. and concluding at 1:00 a.m. The exception is specifically requested for extension of the hours of operation. F.R2007-012 - A resolution of the City Council of the City of Denton, Texas, supporting Super Bowl XLV and its related Super Bowl activities in the North Texas Region; and providing for an effective date. 4.PUBLIC HEARINGS A.The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 23.84 acres from Rural Residential (RD-5) to a Regional Center Residential 1 (RCR-1) zoning district. The subject property was generally located at the northwest corner of I-35W and Robson Ranch Road. (Z06-0025, Robson Ranch Retail Zoning) The Planning & Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Development, stated that this was a request to rezone from RD-5 to RCR-1. He reviewed the adjacent property zoning. This property was annexed on April 3, 2007 with an initial zoning of RD-5 placed on the property. The difference in the two zoning categories was that retail sales and services were not permitted in RD-5 but were permitted in RCR-1 with limitation in gross square footage area. No letters of opposition had been received regarding the proposal. The Planning and Zoning Commission had recommended approval 7-0. The Mayor opened the public hearing. Joshua Griffith stated that he would answer any questions from Council. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes May 1, 2007 Page 4 NO. 2007-092 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING UNDER THE REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, APPROXIMATELY 23.84 ACRES, GENERALLY LOCATED ON THE NORTHWEST CORNER OF I-35W AND ROBSON RANCH ROAD, AND LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED WITHIN THE E.PIZANO SURVEY, ABSTRACT NO. 994, DENTON COUNTY, TEXAS AND BEING A PART OF A TRACT OF LAND DESCRIBED IN A DEED FROM BILLIE J. ESTES BRAHMALL TO GELIA ESTES COLEMAN AS RECORDED IN VOLUME 4498, PAGE 205 OF THE REAL PROPERTY RECORDS DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Z06-0025) 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. B.The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 0.66 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property was located on the southwest corner of Teasley Lane and Old Alton Road (New) intersection. (Z07-0006, Denton Creek Business Park 1) The Planning & Zoning Commission recommended approval (7-0). Mayor McNeill indicated that Item B and C would be presented together. Brian Lockley, Interim Director of Planning and Development, stated that this was proposed rezoning of two parcels- one located on the southwest corner of Teasley Road and Old Alton Road and the other on the southeast corner of Teasley Lane and Old Alton Road. The purpose was to allow for commercial development on the property. The NR-2 residential designation allowed for a few commercial uses while the NRMU designation allowed for retails uses with limitations. Landscaping and tree canopy requirements would have to be met on the portions of property located within the city limits. The Planning and Zoning Commission recommended approval 6-0. The Mayor opened the public hearing. Don Frazier, representing the applicant, indicated that he was available to answer questions. The Mayor closed the public hearing. Item B was considered. The following ordinance was considered: City of Denton City Council Minutes May 1, 2007 Page 5 NO. 2007-093 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, THE AREA PROPOSED FOR ZONING CHANGE ENCOMPASSING APPROXIMATELY 0.66 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF TEASLEY LANE AND OLD ALTON ROAD (NEW) INTERSECTION, DESCRIBED AS TRACT OF LAND SITUATED IN THE A. E. CANNON SURVEY, ABSTRACT NUMBER 232, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A REMAINDER OF THE CALLED 14.34 ACRE TRACT DESCRIBED IN THE DEED FROM JOHN GORDON BENNETT ET. AL. TO MAR PROPERTIES, LTD RECORDED IN VOLUME 5314 PAGE 5395 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0006) Thomson motioned, Kamp 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. Item C was considered. The following ordinance was considered: NO. 2007-094 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, THE AREA PROPOSED FOR ZONING CHANGE ENCOMPASSING APPROXIMATELY 0.55 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF TEASLEY LANE AND OLD ALTON ROAD (NEW) INTERSECTION, DESCRIBED AS TRACT OF LAND SITUATED IN THE A. E. CANNON SURVEY, ABSTRACT NUMBER 232, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF LOT 1, IN BLOCK A, OF LOTS 1 THROUGH 6, BLOCK A, DENTON CREEK ESTATES AS RECORDED BY A PLAT THEREOF IN CABINET X, PAGE 484, PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0007) 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. C.The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 0.55 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property City of Denton City Council Minutes May 1, 2007 Page 6 was located on the southeast corner of Teasley Lane and Old Alton Road (New) intersection. (Z07-0007, Denton Creek Business Park 2) The Planning and Zoning Commission recommended approval (7-0). This item was considered with Item B. D.The Council held a public hearing and considered adoption of an ordinance amending Subchapters 7, 13 and 23 of the Denton Development Code relating to infill regulations. (DCA05-0005, Infill Regulations) The Planning and Zoning Commission recommended approval (6-0). Brian Lockley, Interim Director of Planning and Development, presented the objectives for the infill regulations. Those included (1) allowed flexibility in location, type and density, within the densities supported by the Denton Plan and the Denton Development Code; (2) provided flexibility in lot size, configuration and vehicle access to facilitate infill development; (3) provided development standards that promoted compatibility between new and existing development and promoted certainty in the marketplace; (4) encouraged development of needed housing in close proximity to employment and services; (5) promoted neighborhood preservation and enhancement through infill development of vacant properties; (6) encouraged mixed use development opportunities in order to provide housing and neighborhood services close to jobs; (7) encouraged development that met the city’s economic development goals; and (8) encouraged new development as well as preservation of a diversity of housing types and price ranges in existing neighborhoods. Lockley reviewed the proposed infill map. The language of the proposed ordinance deleted references to redevelopment, impact fees and minimum lot size. The ordinance was designed to encourage development on vacant parcels in the city. Additions to the language of the ordinance were discussed and he indicated that the provisions for sidewalks requirements, set back requirements, perimeter paving, and definition of infill development had been discussed in a prior work session. Other concerns included the approval process for administrative adjustments and appeals and construction of public improvements. The Planning and Zoning Commission approved the proposal without the yellow highlighted areas in the agenda backup. Council could adopt the ordinance with or without the areas shown in yellow. Mayor McNeill asked if staff was recommending the yellow areas. Lockley replied yes. Deputy Mayor Pro Tem Mulroy stated that the highlighted areas went along with the matrix presented at the earlier work session. Council Member Thomson questioned the administrative adjustment and appeal process. He asked if the required neighborhood meeting was to take place before or after the adjustment. Lockley stated that the adjustment would be done after the neighborhood meeting so that the neighbors would know what adjustments would be allowed up to 25% of the requirements. Council Member Thomson stated that if the adjustment was more than 25% it would have to receive approval from both the Planning and Zoning Commission and the City Council. He would prefer that it went to a public hearing at Council rather than to the Planning and Zoning Commission. City of Denton City Council Minutes May 1, 2007 Page 7 The Mayor opened the public hearing. Mayor McNeill indicated that a Comment Card had been received from Elise Ridenour, 2044 W. Oak Street, Denton, 76201, who opposed the proposal indicating that a 200’ notice for an administrative adjustment would more fairly serve existing property owners. Steven Friedson, 2044 W. Oak Street, Denton, 76201, spoke during the public hearing. He felt that the neighborhood meeting requirements needed to be firmer with additional language. There should be provisions for a required notice to residents 200’ from a proposed infill and a 500’ courtesy notice. Mayor McNeill asked if the 25% administrative adjustment was for an already approved plan. Lockley replied no that it was before plan approval. Deputy Mayor Pro Tem Mulroy suggested adding language for notice requirements and for neighborhood meetings. The Planning Department should participate in the meeting and take minutes of the meeting. City Attorney Snyder suggested amending the wording to include record property owners within 500 feet of the proposed infill property would be notified of a neighborhood meeting. That meeting would be attended by one or more City Planners, prior to the approval by the Development Review Committee chair. If protests received at the neighborhood meeting included those of the record owners of 20% or more of the property lying within 200 feet of the proposed infill property, the hearing before the Planning and Zoning Commission would incorporate a public hearing. Adjustments in excess of 25% would require approval of both the Planning and Zoning Commission and the City Council. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-095 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.7, 35.13 AND 35.23 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO AN INFILL SPECIAL USE DISTRICT; PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (DCA 05-0005) Mulroy motioned, Thomson seconded to adopt the ordinance as recommended by staff with the highlighted areas of the proposal included. Additional language for public hearings, city participation in neighborhood meetings and notification requirements would be added as recommended by the City Attorney. 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 May 1, 2007 Page 8 E.The Council held a public hearing and considered adoption of an ordinance amending the Denton Development Code concerning the standards and processes for allowing gated residential communities. (DCA06-0015, Gated Communities) The Planning and Zoning Commission recommended approval (6-0). Brian Lockley, Interim Director of Planning and Development stated that several developers were interested in properties with gated communities. Staff had been working on an ordinance since September to address concerns gated communities might present from a city perspective and a neighborhood perspective. He reviewed the requirements for a gated community as presented in a prior work session. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-096 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 33.16 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO STANDARDS AND PROCESSES FOR ALLOWING GATED RESIDENTIAL COMMUNITIES AND PRIVATE STREETS; PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (DCA06-0015). Mulroy motioned, Kamp seconded to adopt the ordinance as presented including the removal of Sections 3 and 4 on the last page of the ordinance as submit in the agenda backup materials. 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 providing for, authorizing, and approving the expenditure of funds for the furnishing and installation of LED Traffic Signal Lights from Durable Specialties, Inc. and providing an effective date (Requisition No. 80409) to Durable Specialties, Inc. in the amount of $62,143.00. Jim Coulter, Director of Water/Wastewater, stated that the lights were more efficient and lasted longer than previous types. The State was requiring the City to make these changes with the City being reimbursed for this project. The following ordinance was considered: City of Denton City Council Minutes May 1, 2007 Page 9 NO. 2007-097 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE FURNISHING AND INSTALLATION OF LED TRAFFIC SIGNAL LIGHTS FROM DURABLE SPECIALTIES, INC. AND PROVIDING AN EFFECTIVE DATE. 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 nominations/appointments to Boards, Commissions and Committees. 1. Public Art Committee - Mayor Pro Tem Kamp Mayor Pro Tem Kamp nominated Robyn Lee. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. C.Citizen Reports 1.Council reviewed the procedures for addressing the City Council. 2.The Council received citizen reports from the following: A.Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth did not have comments. B.Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth did not have any comments. C.Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth did not have any comments. D.Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth felt that the Council was in violation of the Open Meeting provisions in regards to proclamations and awards. He felt they should be individually noticed on the agenda. He also commented again on the lack of African American firefighters in the City of Denton. It did not appear that the City was willing to change testing procedures that were stacked against African Americans. Council refused to correct this injustice. E.Robert Donnelly regarding City services. Mr. Donnelly spoke about garbage pick-up fees. He was informed that Denton residents must pay to have garbage picked up. He did not like being charged for a service he did not want. He suggested Council consider a provision for an opt-out clause for services not wanted. He asked City of Denton City Council Minutes May 1, 2007 Page 10 for an option to opt out of the required service as the garbage trucks could not get down his road and he had to take his cart all the way out to Mayhill Road. D.New Business and Announcements The following items of New Business were suggested by Council for future agendas: Council Member Heggins requested a report on the placement of citizen reports at the beginning of the meeting instead of at the end. Council complimented staff, especially the Parks staff, on getting the park ready for Arts and Jazz Fest in view of all the recent rain. 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 Closed Meeting. G.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 8:35 p.m. ______________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS