Loading...
October 16, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES October 16, 2007 After determining that a quorum was present, the City Council convened in a Work Session on . Tuesday, October 16, 2007 at 5:00 p.min 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 of agenda items listed on the agenda for October 16, 2007. 2.The Council received a report, held a discussion and gave staff direction related to the occupancy requirements for single-family residences. Lancine Bentley, Program Area Manager, reviewed the definition of a family. This definition was the basis for enforcement efforts which was done on a complaint basis. When a complaint was received, the officer for the district performed a visual inspection of the property. All vehicles on the property were photographed, license plate numbers recorded and vehicle ownership researched. The officer also attempted to contact the residents to gather information about the number of people living on the property and their relationship to each other. If the property was a rental unit, the officer mailed a notice to the property owner indicating that it was a violation of city ordinance to permit more than four unrelated individuals to reside in a single- family household. Before filing a violation or issuing a citation, the Code Enforcement Officer must have probable cause that showed lack of a familial relationship between more than four members of the household, that those members actually lived at the residence and that the residence was a single-family home. The problem was proving these elements beyond a reasonable doubt at trial to obtain a conviction. Staff had contacted other cities for their ordinance provisions and enforcement processes. Many had similar definitions as Denton with no other tools than Denton had for enforcement. Citizens could file a complaint regarding too many residents in a dwelling. They would bring information relative to the residents in the home to the Code Enforcement Office. However, often times, citizens were not willing to file the complaint as they had to go to court to testify if the case went to trial. Questions or options to consider included (1) what were the real concerns, (2) what were the issues that impacted neighbors most, (3) where should enforcement be focused to be the most successful and effective. Staff recommended a continuation on the focus of violations that could result from residences with large number of occupants such as yard parking, excessive trash and debris, noise and disorderly conduct. Staff also recommended the creation of educational materials for realtors, property managers, and UNT and TWU students regarding single-family occupancy requirements in Denton. Council discussed the problems associated with regulation of the provisions of the Code, ways to achieve compliance, number of complaints received, and rental versus owner-occupied residences. Consensus of the Council was to continue working on nuisance violations, develop educational materials and continue to look at ordinances from other cities including provisions such as on- street parking regulations. City of Denton City Council Minutes October 16, 2007 Page 2 3.The Council received a report, held a discussion and gave staff direction related to the Senior Center Feasibility Study. The Parks, Recreation and Beautification Board recommended approval with a vote of (7-0). Emerson Vorel, Director of Parks and Recreation, introduced Craig Reynolds from the architectural firm of Brown, Reynolds, Watford, Inc. That firm compiled and evaluated data based on needs/wants/desires of the seniors and center staff. Mr. Reyolds stated that his firm had performed a feasibility study on what could be done with expansion of the existing building, renovating an existing building or constructing a new building in a new location. He reviewed the results from community meetings, a programming survey, funding and scheduling of the Center, and a space program. He indicated that the purpose of the study was to gather public input and prioritize results. Those results would then be considered by the Parks, Recreation and Beautification Board and City Council. They also reviewed existing funding and determined the City’s ability to fund future projects and appropriate funding sources. Gary DeVries reviewed the programming survey results and the constraints to expanding the current building which included the location of the building in a flood zone, the existing amphitheater, mature trees in the north area of the site and a sewer line running under the existing building. He indicated that currently $595,000 was available for outdoor improvements to the parking lot. An April 2008 bond sale was anticipated for renovation of the existing facility. Anything beyond that would require another bond program for a new facility. Options for renovation of the existing building included (1) the addition of 17,290 square feet to the existing building, and (2) add a larger addition of 19,430 square feet to the existing building. Long term needs for a new building would involve 37,500 square feet. Their recommendation was to place the addition at the back side of building so as to not have to move the sewer line. Consensus of the Council was to work towards an addition in the back of the current building but to also revisit the parking lot allocation and use some of that money inside if available. The current center would then not be expanded any further at this site. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 6:10 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A.Deliberations regarding Real Property – Under Texas Government Code Section 551.072; and Consultation with Attorney – Under Texas Government Code Section 551.071. 1.Deliberated the value and leasing of oil, gas, and mineral interests of the City in City real property, including the City of Denton Municipal Utility Addition, and advice on related legal issues. City of Denton City Council Minutes October 16, 2007 Page 3 Regular Meeting of the City of Denton City Council on Tuesday, October 16, 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 B.October Yard-of-the-Month Awards Mayor McNeill presented proclamations for National Nurse Practitioner Week and Kinship Caregiver’s Day. 3. CONSENT AGENDA Deputy Mayor Pro Tem Mulroy requested that Item G be pulled for separate consideration. Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item G. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Item G was considered. Mulroy motioned, Kamp seconded to approve Item G with the stipulation that a City representative negotiate the pooling provisions to the City’s best interest and that the Public Utilities Board review the agreement at their next meeting. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A.2007-243 - An ordinance denying the rate increase proposed by the Atmos Energy Corporation, Mid-Tex Division; authorizing participation in a coalition of cities known as Atmos Texas Municipalities (“ATM”); authorizing the hiring of lawyers and rate experts; requiring the reimbursement of municipal rate case expenses; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. B.2007-244 - An ordinance accepting competitive proposals and awarding a contract for the purchase of Group Term Life and Accidental Death and Dismemberment coverage for City employees; providing for the expenditure of funds therefore; and providing for an effective date (RFP 3890–Basic and Supplemental Employee Life Insurance/Accidental Death and Dismemberment Insurance awarded to Hartford Life and Accident Insurance Company in the estimated amount of $129,000). City of Denton City Council Minutes October 16, 2007 Page 4 C.R2007-034 - A resolution of the City Council of the City of Denton, Texas, appointing one member and one alternate to the Board of Directors of the Denton County Transportation Authority; and providing an effective date. The Mobility Committee recommended approval (3-0). D.Approved the minutes of: September 11, 2007 September 18, 2007 September 25, 2007 E.2007-245 - An ordinance authorizing an agreement for abandoning and vacating a 0.442 acre Public Drainage and Detention Easement as recorded by County Clerk file number 2006-157365, Real Property Records of Denton County, Texas, a 0.080 acre Public Water Line Easement as recorded by County Clerk file number 2006-157374, Real Property Records of Denton County, Texas, a 0.126 Public Drainage Easement as recorded by County Clerk file number 2006-157370, Real Property Records of Denton County, Texas, a 0.070 Public Sanitary Sewer Easement as recorded by County Clerk file number 2006-157371, Real Property Records of Denton County, Texas, and also two sections of a Public Drainage Easement being more described as Exhibit A 0.040 acres and Exhibit B 0.013 acres within the document as recorded by County Clerk file number 2006-157366, Real Property Records of Denton County, Texas in the M.E.P. & P.R.R. Survey, Abstract No. 950; and declaring an effective date. The Public Utilities Board recommended approval (6-0). F.2007-246 - An ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. The Airport Advisory Board recommended approval (6-0). G.2007-257 - An ordinance authorizing the City Manager to execute an oil and gas lease with Endeavor Energy for the Municipal Utility Addition containing approximately 58.42 acres, situated in the M. Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, and related documents; and providing an effective date. 4.PUBLIC HEARINGS A.The Council held a public hearing regarding an ordinance providing for the ad valorem taxation of tangible personal property in transit or “Super Freeport” goods pursuant to section 11.253 of the Texas Tax Code. Bryan Langley, Director of Finance, stated that new legislation would extend an ad valorem exemption to “goods in transit” that were being shipped to other locations within the state. The legislation would become effective on January 1, 2008 unless the City conducted a public hearing and passed an ordinance opting out of the legislation. The DISD and Denton County would be considering this item at later date. City of Denton City Council Minutes October 16, 2007 Page 5 The Mayor opened the public hearing. No one spoke during the public hearing. Mayor closed public hearing. No action was required on this item at this time. B. The Council held the second of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 835 acres. The property to be annexed was generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road, and north of US 380. (A07-0005, Clear Creek Natural Heritage Area Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was the second public hearing for this proposal. The annexation of the Clear Creek Natural Heritage Area would be addressed in two phases. Phase one consisted of the western portion of the property which would bring the Nature Center and all areas currently being used for educational activities into the city limits. Phase two would annex an area north of this proposed annexation up to the Elm Bottom Circle Road. A neighborhood meeting was held following the Council’s public hearing nd on October 2. Concerns expressed by the property owners included a change of lifestyle, possible future annexations, increase in individuals visiting the area after hours and adequate response for emergencies. There would be no development of the property and it would remain as a nature center for the City and DISD. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Jeff Manie, 2396 Riverside Drive, Denton, 76208 - opposed - stop at the railroad tracks. Don Turner, 2347 Riverside Drive, Denton, 76208 – opposed - stop at the railroad tracks. Darlene Collins, 2078 Collins, Denton, 76208 - in opposition Betty Clampitt – urged Council to not go past the railroad tracks. Heather Taylor – urged Council to not go past the railroad tracks. Sue Roberson, 3121 North Trinity Road, Denton, 76208 - opposed The Mayor closed the public hearing. No action was needed on this item at this time. C. The Council held a public hearing to consider the adoption of an ordinance regarding a Specific Use Permit (SUP) to allow Heavy Manufacturing on property currently zoned an Industrial Center General (IC-G) district. The approximately 4.736-acre site was located within a portion of Phase 1, Block 1, Lot 1B of the Granite Point Addition at the southwest corner of I-35W and Metro Street. (S07-0011, Tetra Point Fuels at Granite Point) The Planning and Zoning Commission recommended approval (4-0). City of Denton City Council Minutes October 16, 2007 Page 6 Brian Lockley, Interim Director of Planning and Development, stated that the purpose of the specific use permit was to allow heavy manufacturing on property currently zoned IC-G. The applicant would use part of an existing building as a bio-fuel production facility. The project would be in partnership with UNT for research. The Planning and Zoning Commission recommended approval with the following conditions (1) the SUP would expire when the applicant ceased operations of the facility and could not be transferred or assigned and (2) all city codes, standards, and regulations would be met relating to the development of this facility. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Karen Dickson, 1506 Poinsettia, Denton, 76208 - support of Tetra Pont Fuels. Tim Geiger, Tetra Point Fuels - in support of the proposal. Chris Paul, Tetra Point Fuels – in support of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-248 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW HEAVY MANUFACTURING USE ON A PROPERTY CURRENTLY ZONED INDUSTRIAL CENTER GENERAL (IC-G), ON APPROXIMATELY 4.736 ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF I-35W AND METRO STREET, AND LEGALLY DESCRIBED AS PART OF PHASE 1, BLOCK 1, LOT 1B OF THE GRANITE POINT ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS. Mulroy motioned, Thomson seconded to adopt the ordinance. . On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. D. The Council held a public hearing to consider the adoption of an ordinance regarding an amendment to Subchapter 23 - Definitions of the Denton Development Code regarding "Elderly Housing". The Planning and Zoning Commission recommended approval (4- 0). Brian Lockley, Interim Director of Planning and Development, stated that staff had identified the definition for “Elderly Housing” in Subchapter 23 of the Code as deficient and ambiguous. The proposed definition required that to be considered elderly housing, a facility must meet the definitions of one of the three types of elderly housing: assisted living, congregate facility, and life care housing and services. City of Denton City Council Minutes October 16, 2007 Page 7 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. 2007-249 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 23 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO ELDERLY HOUSING; PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF AND AN EFFECTIVE DATE. (DCA07-0003) Watts motioned, Heggins seconded to adopt the ordinance. . On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. E. The Council held the second of two public hearings to consider the voluntary annexation and service plan for approximately 0.123 acres. The property to be annexed was generally located northeast of F.M. 2181/ Teasley Lane, west of Old Alton Road. (A07-0004, Wild Mustang Crossing Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary annexation proposed by the applicant. The property was one of three parcels on this location owned by the applicant and was located to the immediate south of Guyer High School. To date, all the required state mandates had been met. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was needed on this item at this time. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered approval of a resolution amending a policy setting guidelines regarding the naming of parks and park facilities, and declaring an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). Emerson Vorel, Director of Parks and Recreation, stated that with the recent requests being made to name and rename parks and park facilities, it was apparent that the original policy was not inclusive enough to meet the needs of the City as it continued to grow. The proposed policy defined the requirements for naming or renaming of parks, with at least one public meeting being City of Denton City Council Minutes October 16, 2007 Page 8 held before consideration and a tracking form. The Parks, Recreation and Beautification Board would make a recommendation to Council for final approval. The following resolution was considered: NO. R2007-035 A RESOLUTION AMENDING A POLICY SETTING GUIDELINES REGARDING THE NAMING OF PARKS AND PARK FACILITIES, AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to approve the resolution. . 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 approval of a resolution adopting a policy setting guidelines regarding the acceptance of public art, and declaring an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). Emerson Vorel, Director of Parks and Recreation, stated that the Public Art Committee felt it was important to establish guidelines to evaluate proposed voluntary public art gifts from private sources, which would enable the city to acquire public art that met a high standard and was appropriate and meaningful for the community. Part of the policy clarified that public art that was not paid with public funds and not placed on public property would not be governed by the policy. The following resolution was considered: NO. R2007-036 A RESOLUTION ADOPTING A POLICY SETTING GUIDELINES REGARDING THE ACCEPTANCE OF PUBLIC ART, AND DECLARING AN EFFECTIVE DATE. Kamp motioned, Thomson seconded to approve the resolution. . On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.Council considered nominations/appointments to City Boards and Commissions. No nominations were made to the Construction Advisory & Appeals Board or the Zoning Board of Adjustment. Council Member Montgomery nominated Lorn Bortnem to the Human Services Advisory Committee. D.Citizen Reports 1.Review of procedures for addressing the City Council. City of Denton City Council Minutes October 16, 2007 Page 9 2.The Council received citizen reports from the following: A.Euline Brock regarding neighborhood concerns. Dr. Brock was not present at the meeting. B.Peternia Washington regarding “phantoms”. Ms. Washington stated that she had attended meetings at the MLK Center regarding the picture of Dr. King and knew what was and what was not said at the meeting that had been called by the Parks Department. She indicated that the Parks staff had asked those at the meeting how they would feel about taking down the picture of Dr. King at the Center because Hispanics did not feel comfortable with the picture in the foyer. C.Stephanie Johnson regarding DAYFL utilizing City parks. Ms. Johnson was not present at the meeting. D.John Chitwood regarding treatment of homeless by city officials and police. Mr. Chitwood was not present at the meeting. E.New Business and Announcements th Mayor McNeill announced that the DCTA would be hosting its 5 anniversary at their th headquarters on October 25. Mayor McNeill announced that Charles Emery, Chair-DCTA, had received a national award. Mayor McNeill announced the appointment of Teresa Mercado to the Denton Housing Authority. Council Member Watts requested staff look at the parking requirements for DR1 zoning as he felt there were not enough required parking spaces for that type of zoning. Mayor McNeill requested staff to re-investigate the mowing/litter concerns along I35 and the possibility of TxDot allowing for a separate contract or allow volunteers to help with that cleanup. F.City Manager’s Report City Manager Campbell did not have any items for Council. G.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. City of Denton City Council Minutes October 16, 2007 Page 10 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 8:09 p.m. _________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS