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September 18, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES September 18, 2007 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, September 18, 2007 at 5:00 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, Thomson, and Watts. ABSENT: None 1.Staff responded to requests for clarification of agenda items listed on the agenda for September 18, 2007. Mayor McNeill addressed additional questions regarding 3C. He felt the issue of tow trucks parked in driveways also needed to be considered. With the ordinance to be considered at this meeting, tow trucks could not be parked in the right-of-way but could be parked in a driveway. He felt that a later amendment would be required. He also had received complaints about semi- tractor rigs being parked in neighborhoods and wanted that issue addressed. Mayor Pro Tem Kamp commented on the same ordinance in regards to outside storage. She too felt that the proposed ordinance could be passed at this meeting but that an amendment would be needed in the future in regards to play equipment and outdoor grills. She felt they could be allowed in side yards but that privacy screening was needed if placed in the side yards. City Attorney Snyder indicated that as Council did not have any questions on Items 3G, H or I, Closed Session Item A would not be necessary. 2.The Council received an update from Council Member Montgomery regarding the Lake Ray Roberts Planning and Zoning Commission. Council Member Montgomery stated that the State allowed the establishment of a planning commission around Lake Ray Roberts but it had no authority in terms of platting. Currently all zoning around Lake Ray Roberts was agricultural. The Commission was working on a master plan for the area. However, Sanger’s vision was not the same as the Commission’s vision. The Commission wanted to keep the area rural and not develop subdivisions in the area. A question was asked regarding the process for platting in the area. Montgomery replied that if the property was not in any ETJ, the Commission would take care of it. When the ETJ overlapped, the zoning authority would rest with the Commission but the platting would rest with Sanger or Pilot Point. 3.The Council received an update from Deputy Mayor Pro Tem Mulroy on the Denton Firefighters Pension Fund. Deputy Mayor Pro Tem Mulroy stated that the fund was established in 1941 which predated TMRS. There were 164 active voting members 50 retirees, and one member on disability. The Board consisted of seven local trustees - 3 from the firefighters, 2 from the City, the Mayor represented by himself and two outside members, Dick Smith and Charles Parker. The fund had approximately $40 million in assets. There was a plan change this year which amended the City of Denton City Council Minutes September 18, 2007 Page 2 formula for the retirement equation. Currently the Board was working on policy amendments to fine tune operations. 4.The Council received a report, held a discussion, and gave staff direction regarding the 2007-08 Budget and the Capital Improvement Program. A discussion was held regarding the notices on the tax increase and how the wording indicated that it was above the effective rate. There was concern that the public would perceive the notices incorrectly due to the wording. Bryan Langley, Director of Finance, stated that the wording for the notices was mandated by the State. 5.The Council considered directing two council members to work with the City Manager and staff regarding code enforcement issues. Mayor McNeill stated that originally he had presented the Agenda Committee with a time line for Council to work with staff on nuisance enforcement. Initially he thought this would be a three step process. The first step would have two council members working with staff on the issues, the second step would transition into three council members working with citizens on an ad hoc committee and the third step would involve the entire council holding work sessions and public hearings. Upon reflection, he felt it would be better to skip the first step and ask three council members to work with an ad hoc committee on the issues. He asked for council consensus to appoint Council Members Watts and Heggins and Deputy Mayor Pro Tem Mulroy to the committee. If there were no objections, the process would proceed in that direction and would last approximately 60 days. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:45 p.m. to consider the items listed below under the Closed Meeting section of this agenda. Only Item B was considered as a Closed Session was not needed on Item A. 1.Closed Meeting: A.CONSULTATION WITH ATTORNEY – Under Texas Government Code §551.071; and DELIBERATIONS REGARDING REAL PROPERTY – Under Texas Government Code §551.072. 1.Discussed, deliberated, and received information from Staff, and provided Staff with direction pertaining to the purchase price of, the possible terms of sale of, and valuation issues respecting the acquisition of an approximate 1.267 acre sanitary sewer easement located in the John Cheek Survey, Abstract No. 227; an approximate 3.932 acre sanitary sewer easement located in the Jonathan Douthitt Survey, Abstract No. 329; and an approximate 3.956 acre sanitary sewer easement located in the Jonathan Douthitt Survey, Abstract No. 329, all in the City of Denton, Denton County, Texas, and being collectively located along the south side of the meanders of Clear Creek. Consultation with the City’s attorneys regarding legal issues associated with the necessary easement acquisition for the three (3) above sanitary sewer easements, where a public discussion of these legal matters would conflict with the duty of the City’s City of Denton City Council Minutes September 18, 2007 Page 3 attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas; or would jeopardize the City’s legal position in any administrative proceedings or potential litigation involving said real property. B.Consultation with Attorney -- Under Texas Government Code Section 551.071. 1.Legal advice from the City’s attorneys regarding zoning and platting issues, including Development Code definitions, zoning classifications, design standards and application procedures, related to housing and institutional uses in general, as well as pending and future applications. Regular Meeting of the City of Denton City Council on Tuesday, September 18, 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 1.Presentation of the FEMA CRS-Class 6 award. A FEMA representative presented the Council with a CRS-Class 6 award. B.September Yard-of-the-Month Awards 3. CONSENT AGENDA Mayor McNeill reviewed the items on the Consent Agenda to be considered by the Council. Deputy Mayor Pro Tem Mulroy requested that item 3J be pulled for separate consideration. Mulroy motioned, Kamp seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exception of Item J. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Item J was considered. Emerson Vorel, Director of Parks and Recreation, stated that the Denton Youth Soccer Association had constructed and funded the entire soccer building. No city funds were used for the construction of the building. The Association requested to name the building for Jane Malone who was an extremely active participant in youth and adult soccer. The request was in accordance with the current naming policy and had been approved by the Park, Recreation and Beautification Board. City of Denton City Council Minutes September 18, 2007 Page 4 Mulroy motioned, Heggins seconded to approve Item 3J. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A.R2007-024 - A resolution appointing members to the Board of Directors of the North Texas Higher Education Authority; and declaring an effective date. B.2007-192 - An ordinance authorizing the City Manager to execute a Professional Services Agreement for Architect or Engineer with the firm of Birkhoff, Hendricks & Conway, L.L.P., Consulting Engineers, for the design of and the construction plans and specifications for the proposed City of Denton Roselawn Elevated Storage Tank, as set forth in the agreement; authorizing the expenditure of funds therefor; and providing an effective date (File 3896-in the amount of $150,950 for basic services; not to exceed $27,400 in additional services; and not to exceed $71,500 in reimbursable expenses, totaling $249,850 for professional services). The Public Utilities Board recommended approval (6-0). C.2007-193 - An ordinance of the City of Denton, Texas amending the provisions of Chapter 18 relating to motor vehicles and traffic by amending Section 18-106; amending the provisions of Chapter 20 relating to nuisances by deleting Sections 20-3 through 20-6; by amending Sections 20-47, 20-72, 20-132, 20-180 and 20- 184; by creating Section 20-114 related to outside storage; amending the provisions of Chapter 21 relating to offenses by amending Section 21-55(c); by amending the provisions of Chapter 24 relating to solid waste by amending Section 24-43(d); providing for a severability clause; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. D.2007-194 - An ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement by and between the City of Denton, Texas and Denton County, Texas for the lease of a portion of the City’s dark fiber optic excess capacity for a term of two years; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). E.2007-195 - An ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement by and between the City of Denton, Texas and Denton County, Texas for the lease of a portion of the City’s dark fiber optic excess capacity for a term of ten years; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). F.2007-196 - An ordinance authorizing the City Manager to execute a lease agreement with Denton County Transportation Authority for 27 parking spaces located in the Williams Trade Square; and providing for an effective date. The Mobility Committee recommended approval (2-0). City of Denton City Council Minutes September 18, 2007 Page 5 G.2007-197 - An ordinance declaring that a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 1.267 acre sanitary sewer and reuse water easement located in the John Cheek Survey, Abstract No. 227 and being within a parcel of land conveyed to Jeffrey W. Noe and wife, Jeanie T. Noe by deed recorded in Volume 2879, Page 544 of the Real Property Records of Denton County, Texas; authorizing the City Attorney, or his designee, to acquire the easement through agreement or eminent domain; and providing an effective date. H.2007-198 - An ordinance declaring that a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 3.932 acre sanitary sewer and reuse water easement located in the Jonathan Douthitt Survey, Abstract No. 329 and being within a parcel of land conveyed to Ronald L. Carter by deed recorded in Denton County Clerk File No. 2005-84985 of the Real Property Records of Denton County, Texas; authorizing the City Attorney, or his designee, to acquire the easement through agreement or eminent domain; and providing an effective date. I.2007-199 - An ordinance declaring that a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 3.956 acre sanitary sewer and reuse water easement located in the Jonathan Douthitt Survey, Abstract No. 329 and being within a parcel of land conveyed to Mark Hannah, Jr. by deed recorded in Volume 4322, Page 1746 of the Real Property Records of Denton County, Texas; authorizing the City Attorney, or his designee, to acquire the easement through agreement or eminent domain; and providing an effective date. J.2007-200 - An ordinance of the City of Denton, Texas, naming the soccer building at North Lakes Parks, and declaring an effective date. The Parks, Recreation and Beautification Board recommended approval (4-0). K.R2007-025 - A resolution of the City Council of the City of Denton establishing a limit on the amount of time City of Denton personnel are required to spend responding to public information requests without recovering costs attributable to those requests, in addition to any other charges permitted by law, from the requestor; and providing for an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, designating the property located at 2044 West Oak Street as a historic landmark under Section 35.7.6, of the Denton Development Code; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. The Historic Landmark Commission recommended approval (7-0). The Planning and Zoning Commission recommended approval (4-0). Julie Glover, Historic Preservation Officer, stated that the owners of 2044 West Oak Street had requested a historic landmark designation for their property. The Historic Landmark City of Denton City Council Minutes September 18, 2007 Page 6 Commission held a public hearing to review the application and had determined that it was eligible for the designation. The Planning and Zoning Commission also held a public hearing and determined that the property was eligible for designation. Local historic landmarks may apply for a 50% city tax abatement for a period of 15 years. The Mayor opened the public hearing. Steve Friedson, property owner, requested approval. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-201 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 2044 WEST OAK STREET AS A HISTORIC LANDMARK UNDER SECTION 35.7.6 OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 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. B. The Council held a public hearing on a proposal to adopt a tax rate of $0.66652 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate. Bryan Langley, Director of Finance, discussed both this item and Item 5A. The Texas Property Tax Code mandated specific publications to be provided by the City. In addition, it required that two public hearings be held on the proposed tax increase, with the second hearing occurring three to fourteen days after the first. The first public hearing was held on September 11, 2007. The Mayor opened the public hearing. The following individuals submitted Comment Cards: Marvin and Billie Jo Crabb, 507 Northridge, Denton, 76201 - opposed Tom Buckley, 915 W. Oak, Denton, 76201 - opposed The Mayor closed the public hearing. No action was required on this item. C.The Council held a public hearing and considered adoption of an ordinance concerning the rezoning of approximately 3.071 acres from a Neighborhood Residential 2 (NR- 2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property was located at the southwest corner of Loop 288 and Kings Row. The Planning and City of Denton City Council Minutes September 18, 2007 Page 7 Zoning Commission recommended approval subject to conditions (6-0). (Z07-0016, Kim Property, West Tract) Brian Lockley, Interim Director of Planning and Development, presented the staff discussion for both Items C and D. Items C and D were two rezoning requests from NR- 2 to NRMU for eventual retail development to service the adjacent residential community. The Planning and Zoning Commission recommended approval with an overlay to further restrict allowed uses to prohibit multi-family dwellings and to provide access to the property from the south before any development occurred on the subject property. The eastern tract was approved by the Planning and Zoning Commission without any concerns or limitations. The Mayor opened the public hearing for both Item C and D. The following individuals spoke during the public hearing: Larry Reichhart, 2405 Mustang Drive, Grapevine, 76051 – in favor. Donna Woodfork - spoke regarding connectivity in the surrounding areas. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-202 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY CONTAINING ADDITIONAL RESTRICTIONS AS NOTED; THE AREA FOR ZONING CHANGE ENCOMPASSES 3.071 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF KINGS ROW STREET AND LOOP 288, AND IS LEGALLY DESCRIBED AS TRACT 9 OF THE D. CULP SURVEY, ABSTRACT NUMBER 287, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z07- 0016) Heggins motioned, Kamp 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 and considered adoption of an ordinance to rezone approximately 5.224 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property was located at the southeast corner of Loop 288 and Kings Row. The Planning and Zoning Commission recommended approval (6-0). (Z07-0014, Kim Property, East Tract) This item was considered with Item C. City of Denton City Council Minutes September 18, 2007 Page 8 The following ordinance was considered: NO. 2007-203 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; THE AREA FOR ZONING CHANGE ENCOMPASSES 5.226 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF KINGS ROW STREET AND LOOP 288, AND IS LEGALLY DESCRIBED AS TRACT 9A OF THE D. CULP SURVEY, ABSTRACT NUMBER 287, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0014) Mulroy motioned, Watts 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 a public hearing and considered adoption of an ordinance regarding the rezoning of three sites containing a total of approximately9.02 acres from a Rural Residential (RD-5) zoning district to an Employment Center Commercial (EC-C) zoning district. The first site contained approximately 3.95 acres, the second site approximately 0.173 acres, and the third site approximately 4.897 acres. The sites were generally located on the north side of Spencer Road between Woodrow Lane and Brinker Road. The Planning and Zoning Commission recommended approval (6-0). (Z07-0017, Denton Municipal Electric Spencer Complex Zoning) Brian Lockley, Interim Director of Planning and Development, stated that the request was to rezone the Denton Municipal complex-Spencer complex to give it the proper land use of the facility. The property was formally annexed at the last Council meeting and this action would give it a more appropriate land use. The surrounding property was zoned as EC-C and the proposed zoning would be compatible with the surrounding area. 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. 2007-204 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING AN INITIAL ZONING CLASSIFICATION AND USE DESIGNATION OF EMPLOYMENT CENTER COMMERCIAL (EC-C), FOR THREE TRACTS OF City of Denton City Council Minutes September 18, 2007 Page 9 LAND, COMPRISING APPROXIMATELY 9.02 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, GENERALLY LOCATED ON THE NORTH SIDE OF SPENCER ROAD BETWEEN WOODROW LANE AND BRINKER ROAD, AND LEGALLY DESCRIBED AS BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THE MARY AUSTIN SURVEY ABSTRACT NUMBER 4, DENTON COUNTY, TEXAS, AND BEING A PART OF THE CALLED 26.474 ACRE TRACT DESCRIBED IN THE CITY OF DENTON ORDINANCE NO. 81-83, ENACTED ON JULY 21, 1981, PERTAINING TO THE ALTERATION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF DENTON, TEXAS BY THE DISANNEXATION OF CERTAIN UNINHABITED TERRITORY OWNED BY THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (Z07-0017) Kamp 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. 5.ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered approval of a resolution of the City Council of the City of Denton, Texas announcing that it will vote on a tax rate at its meeting of September 25, 2007; providing for publication of notice of such vote on the tax rate; and providing an effective date. The following resolution was considered: NO. R2007-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS MEETING OF SEPTEMBER 25, 2007; PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND PROVIDING 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 nominations/appointments to City boards and commissions. There were no nominations/appointments done at this meeting. C.Citizen Reports 1.A review of procedures for addressing the City Council was presented. 2.Council received citizen reports from the following: City of Denton City Council Minutes September 18, 2007 Page 10 A.Donna Woodfork regarding the Dr. Martin Luther King Center picture. Ms. Woodfork stated that she was concerned that the picture of Dr. King was removed from the Center and then reappeared. She suggested there be some type of archival system to keep track of where historical pictures were located. D.New Business and Announcements Council did not have any items of New Business. 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 the 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 7:26 p.m. ______________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ______________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS