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April 1, 2008 MinutesCITY OF DENTON CITY COUNCIL MINUTES April 1, 2008 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, April 1, 2008 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: Mayor Pro Tem Kamp 1. Staff responded to requests for clarification of agenda items listed on the agenda for April 1, 2008. Deputy Mayor Pro Tem Mulroy stated that he would be requesting Item C on the Consent Agenda be pulled for separate consideration. He would also be abstaining on Item 4B. Council Member Watts questioned the costs for the construction of the scale house which was Consent Agenda Item 3F. Vance Kemler, Director of Solid Waste, reviewed the details of the project. Council Member Watts asked about the drainage problems associated with a neighboring development to the item on 4B. He asked if a detailed drainage plan would be submitted at the time of platting. Deputy Mayor Pro Tem Mulroy left the meeting with a potential conflict of interest. Mark Cunningham, Director of Planning and Development, replied yes, that the developer would submit a detailed drainage plan which would be completed by his engineer and reviewed by the City Engineer. Deputy Mayor Pro Tem Mulroy returned to the meeting. Mayor McNeill noted that Work Session Item 3 had been pulled from consideration as well as Consent Agenda Item I and Individual Consideration Item 5A. 2. The Council received a briefing, held a discussion, and gave staff direction regarding relief from the Tree PreservationlMitigation requirements per Subchapter 35.13.7.A.4.h on a 17.89 acre property located on the southeast corner of Teasley Lane and the future alignment of Hickory Creek Road. The subject property was located within a Neighborhood Residential Mixed Use (NRMU) zoning district. Mark Cunningham, Director of Planning and Development, provided Council with an update on the site. The site had been clear cut but nine trees should have been preserved. Four of those nine probably would have been cut anyway due to right-of way issues. The developer had been cited and had deposited $20,500 to the tree mitigation fund. Council discussed the citation process for cutting trees without a permit and the legal process involved with the issuance of a citation. They also discussed procedures for removal, when and for what was a clearing and grading permit issued. It was felt that there should be a large enough penalty to make developers aware of the need to follow the city's regulations. City of Denton City Council Minutes April 1, 2008 Page 2 3. The Council received a briefing, held a discussion and gave staff direction regarding an application for relief from tree preservation/mitigation standards under sections 3 5.13.7.A.4.h. and 35.3.11 of the Denton Development Code. The approximately 1.862 acre property was located at the southwest corner of Hickory Creek Road and Teasley Lane (F.M. 2181), and was part of a larger 16.422 acre commercial development. The property was within a Neighborhood Residential Mixed Use (NRMU) zoning district, and a pharmacy was proposed on the subject site. This item was not considered. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:07 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discussed legal issues relating to city oil and gas leases, including discussion of legal remedies, and including 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 chapter. 2. Received, considered and held a discussion related to a briefing from City's Attorneys, relating to claims, potential claims, and settlement thereof for matters pertaining to JNC Partners Denton, LLC v. City of Denton, including legal advice related to future annexation, zoning, subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, water rights, permitting and other legal issues related to the future development of land, as proposed by JNC Partners Denton, LLC. 3. Considered and discussed litigation styled Tower v. City of Denton, Civil Action No. 4:05cv302, currently pending in the U.S. District Court, Eastern District, Sherman Division. 4. Consulted with the city's attorneys regarding attorney/client privilege related to prior legal opinions concerning interpretation of council term limits charter provisions. B. Deliberations regarding Real Property -Under Texas Government Code Section 551.072 and; Consultation with the City's Attorneys -Under Texas Government Code Section 551.071. 1. Discussed, deliberated, considered, received information from Staff, and provided Staff with direction pertaining to the possible terms of purchase of and valuation issues respecting the possible acquisition of an City of Denton City Council Minutes April 1, 2008 Page 3 approximate 2.834 acre tract of real property for street right-of way and the possible acquisition of an approximate 0.393 temporary construction, grading and access easement, all for public purpose; which real property lies within the Mary Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and is located north of intersection of Brinker Road and Spencer Road, and receipt of legal advice for legal issues related thereto. C. Deliberations regarding consultation with the City Attorney -Under TEXAS GOVERNMENT CODE Section 551.071 and Section 551.087 -Deliberations regarding Economic Development Negotiations. 1. Discussed or deliberated regarding commercial or financial information that the City Council has received from business prospects that the City Council seeks to have locate, stay or expand in or near the territory of the City of Denton and with which the City Council is conducting economic development negotiations relating to a conference center. The Council came out of Closed Session at 6:40 p.m. Regular Meeting of the City of Denton City Council on Tuesday, April 1, 2008 at 6:40 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 Mayor McNeill presented proclamations for Child Abuse Prevention Month and Financial Literacy Month. 3. CONSENT AGENDA Mayor McNeill reviewed the items to be considered on the Consent Agenda. Deputy Mayor Pro Tem Mulroy asked that Item C be pulled for separate consideration. Mulroy motioned, Watts seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item C. Bob Clifton spoke on Items 3E, G, and J. Robert Donnelly spoke on Item 3F. City of Denton City Council Minutes April 1, 2008 Page 4 John Crew spoke on 3K. On roll vote to approve the Consent Agenda with the exception of Item C which was to be considered separately and Item I which had previously been pulled from consideration, Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. Item C was considered. Jon Fortune, Assistant City Manager, reviewed how staff would handle the item. The current funding for the project was $500,000 with $700,000 needed for the project. $200,000 would be used from other projects which were done under budget. This item formalized the budget for the project and the reporting mechanism for regular reports to council on the status of the project. Fortune also reviewed the capital proj ect process. Mulroy motioned, Heggins seconded to approve Item C. On roll vote, Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimous y. A. 2008-067 - An ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute aone-year extension to the depository services contract with Wachovia Bank, N.A.; and providing an effective date. The Investment Committee recommended approval (5-0). B. 2008-068 - An ordinance of the City of Denton, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2008 Summer Food Service Program; if such funding is granted, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. C. R2008-013 - A resolution of the City Council of the City of Denton, Texas, setting a maximum expenditure limit of $720,814 for the Police City Hall East Expansion Project; requiring monthly reporting to the City Council of those funds; and providing an effective date. D. 2008-069 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of overhead primary and secondary electric distribution conductors for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3958-Annual Contract for the Purchase of Electric Distribution Conductors awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $705,000). The Public Utilities Board recommended approval (5-0). E. 2008-070 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a third amendment to professional and personal services City of Denton City Council Minutes April 1, 2008 Page 5 agreement relating to engineering services performed by Intera, Inc. for the City of Denton, Texas (in the additional amount of $40,682.40, for a grand total of $13 8,524.40 for the original, first and second addendums thereto); authorizing the expenditure of funds therefor; and providing an effective date. (File 3 73 6- awarded to Intera in an amount not to exceed $13 8,524.40). The Public Utilities Board recommended approval (7-0). F. 2008-071 - An ordinance accepting competitive bids and awarding a public works contract for the construction of a scale house at the City of Denton Landfill; providing for the expenditure of funds therefore; and providing an effective date (Bid 3948-Landfill Scale House Construction awarded to the lowest responsive bidder meeting specification Caliber Construction, Inc. in the amount of $349,570). The Public Utilities Board recommended approval (7-0). G. 2008-072 - An ordinance accepting sealed proposals and awarding a contract for the services of a management consultant for Denton Municipal Electric; providing for the expenditure of funds therefor and providing an effective date (RFSP 3930- Management Study of Electric Utility and Support Services awarded to Navigant Consulting, Inc. in the amount of $259,750). The Public Utilities Board recommended approval (6-0). H. 2008-073 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Cem-Lime from TXI, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3991-Purchase of Cem-Lime for Street Department in the unit price amount of $140/dry ton for an annual estimated amount of $150,000). I. This item was not considered. J. 2008-074 - An ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a third amendment to an agreement with Terry D. Morgan & Associates, P.C. for professional legal services relating to claims, potential claims, and settlement thereof for matters pertaining to JNC Partners Denton, LLC v. City of Denton; authorizing the increase in expenditure to an amount not to exceed $200,000; and providing an effective date. K. 2008-075 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport; authorizing and directing the City Manager or his designee to expend funds as provided for in said agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. The Mobility Committee recommended approval (3-0). City of Denton City Council Minutes April 1, 2008 Page 6 L. 2008-076 - An ordinance of the City Council of the City of Denton, Texas, pertaining to the City's approval of development plan line assistance for the extension of sewer lines for the construction of a new divisional office and distribution center as requested by Aldi, Inc. in the amount of $80,000, representing the cost of the planning level construction cost of the proposed grinder pump sewer system; authorizing the City Manager to expend funds therefor; and providing an effective date. The Public Utilities Board recommended approval (4-0). M. 2008-077 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a first amendment to the Dark Fiber Lease Agreement by and between the City of Denton, Texas and the University of North Texas; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreement, and providing an effective date. The Public Utilities Board recommended approval (5-0). 4. PUBLIC HEARINGS A. The Council held the first of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the voluntary annexation and service plan for approximately 484.84 acres of land located west of Locust Street (FM 2164) and south of Milam Road, see Exhibit 1. (A07-0006, Hills of Denton North Annexation) The Planning and Zoning Commission recommended approval (7-0). Mark Cunningham, Director of Planning and Development, stated that this was a request for voluntary annexation of 484 acres of land. The property location was west of Locust Street and south of Milam Road. Future land use was expected to be rural areas and a neighborhood center. The current use contained 26 parcels used for agricultural and rural residential with a proposed use for a master planned community. One response was received from the 26 mailers sent to surrounding property owners which was neutral in regards to the proposal. Staff found the proposal to be consistent with the annexation policy and recommended approval. The Planning and Zoning Commission had reviewed the annexation proposal and recommended approval to the Council. The Mayor opened the public hearing. Larry Reichhart, representing the property owner, stated that the intent of the annexation was to incorporate it with the Hills of Denton. This would be a single family unit project with no multi- family units included. The Mayor closed the public hearing. No action was required on this item at this time. B. The Council held a public hearing and considered adoption of an ordinance of the city of Denton, Texas, providing for a zoning change on two tracts of land comprising approximately 6.813 acres of land, from Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classifications and use designations to a City of Denton City Council Minutes April 1, 2008 Page 7 Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, with an overlay district, both tracts of land being located along the east side of 1-3 5 and south of Windsor Drive; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z07-0027, Windsor Farms Partners LP). The Planning and Zoning Commission recommended approval (6-0). Deputy Mayor Pro Tem Mulroy left the meeting with a potential conflict of interest. Mark Cunningham, Director of Planning and Development, stated that this request was to rezone two parcels of land from NR-6 and NRMU-12 to NRMU with an overlay district. The property was currently undeveloped with proposed commercial uses. The overlay district would exclude multi-family dwellings, hotels and drive-through facilities. The proposed minimum landscape for the development would be 30% of the site which was 10% over the requirements. Drainage would be addressed when the development plan was submitted. Staff recommended approval of the proposal as it was consistent with the Development Code and the Comprehensive Plan. The Planning and Zoning Commission also recommended approval. The Mayor opened the public hearing. John Brown, applicant, stated that they had spoken with staff regarding the drainage and they were working on any potential problems. The Mayor closed the public hearing. The following ordinance was considered: N0.2008-078 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE ON TWO TRACTS OF LAND COMPRISING APPROXIMATELY 6.813 ACRES OF LAND, FROM NEIGHBORHOOD RESIDENTIAL 6 (NR-6) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT, BOTH TRACTS OF LAND BEING LOCATED ALONG THE EAST SIDE OF 1-35 AND SOUTH OF WINDSOR DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0027) Montgomery motioned, Thomson seconded to adopt the ordinance. On roll vote, Montgomery "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. Deputy Mayor Pro Tem Mulroy returned to the meeting. C. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from an Employment Center Industrial (EC-I) zoning district classification and use designation to an Employment City of Denton City Council Minutes April 1, 2008 Page 8 Center Commercial (EC-C) zoning district classification and use designation comprising 23.551 acres of land located at the southeast corner of Morse Street and Loop 288, and legally described as Lot 1, Phase 1, and Lots 2 and 3, Block 2, Phase 5 of the Golden Triangle Industrial Park, 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. (Z08-0003, County Administrative Complex A) The Planning and Zoning Commission recommended approval (6- 0). Mark Cunningham, Director of Planning and Development, stated that he would be presenting information for both Items C and D. This proposal consisted of two lots separated by a common right-of way. The request was to rezone the two parcels from Employment Center Industrial to Employment Center Commercial. The property was located on the southwest corner of Morse Street and Loop 288 and was currently undeveloped at this time. The proposed use was for a central location for the County Health Department, Child Protective Services, County Treasurer, the Civil District Attorney and other county support activities. Staff found the proposal consistent with the Development Code and the Comprehensive Plan and recommended approval as did the Planning and Zoning Commission. The Mayor opened the public hearing for both Items C and D. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: N0.2008-079 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AN EMPLOYMENT CENTER INDUSTRIAL (EC-I) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO AN EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION COMPRISING 23.551 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF MORSE STREET AND LOOP 288, AND LEGALLY DESCRIBED AS LOT 1, PHASE 1, AND LOTS 2 AND 3, BLOCK 2, PHASE 5 OF THE GOLDEN TRIANGLE INDUSTRIAL PARK, 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. (Z08-0003) Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimous y. D. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from an Employment Center Industrial (EC-I) zoning district classification and use designation to an Employment Center Commercial (EC-C) zoning district classification and use designation comprising 18.113 acres of land located City of Denton City Council Minutes April 1, 2008 Page 9 at the northeast corner of Karina Street and Kimberley Street, and legally described as Lots 2, 3, and 4, Phase 5 of the Golden Triangle Industrial Park, 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. (Z08-0004, County Administrative Complex B) The Planning and Zoning Commission recommended approval (6-0). The public hearing for this item was held with Item C. The following ordinance was considered: N0.2008-080 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AN EMPLOYMENT CENTER INDUSTRIAL (EC-I) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO AN EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION COMPRISING 18.113 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF KARINA STREET AND KIMBERLEY STREET, AND LEGALLY DESCRIBED AS LOTS 2, 3, AND 4, PHASE 5 OF THE GOLDEN TRIANGLE INDUSTRIAL PARK, 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. (Z08-0004) Watts motioned, Thomson seconded to adopt the ordinance. On roll vote, Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimous y. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council was to consider an application for relief from tree preservation/mitigation standards under sections 35.13.7.A.4.h. and 35.3.11 of the Denton Development Code. The approximately 1.862 acre property was located at the southwest corner of Hickory Creek Road and Teasley Lane (F.M. 2181), and was part of a larger 16.422 acre commercial development. The property was within a Neighborhood Residential Mixed Use (NRMU) zoning district, and a pharmacy was proposed on the subject site. This item was removed by staff and was not considered. B. The Council considered nominations/appointments to the city's Boards and Commissions. There were no nominations made at this meeting. C. Citizen Reports 1. Council reviewed the procedures for addressing the City Council. City of Denton City Council Minutes April 1, 2008 Page 10 2. Council received citizen reports from the following: A. Bob Clifton regarding more legal matters. Mr. Clifton spoke regarding electric rates, legal fees, and time sheets for legal fees. He questioned why so many outside attorneys were used. He indicated that he had filed a lawsuit today for an expedited hearing to remove three candidates from the upcoming May ballot. B. David Smith regarding freeway traffic flow on I-35. Mr. Smith not present at the meeting. C. Gerard Cannon regarding Code Enforcement. Mr. Cannon reviewed a timeline on code enforcement issues, and the issues concerned with his code violation and court case. He asked that the Code Enforcement Office be cleaned up. They were not professional in the manner in which they conducted city business. D. Ken Walbridge regarding Property Tax Code 33.06. Mr. Walbridge presented a public service announcement regarding Property Tax Code 33.06 which provided for an exemption for 65 or older homeowner to defer paying taxes under certain conditions. D. New Business and Announcements • Council Member Heggins requested a work session regarding the possibility of moving council meetings outside the Council Chambers to various community facilities such as Denia Recreation Center, Martin Luther King, Jr. Recreation Center and North Lakes Recreation Center. She requested that staff prepare procedures on her request including legal ramif cations. • Deputy Mayor Pro Tem Mulroy requested the City Manager and Assistant City Manager Greene meet with Mr. Cannon regarding his problem with Code Enforcement and report back to council on that meeting. • Council Member Watts requested a work session on the City's gas well inspection program for wells in the city limits. • Council Member Thomson requested a report on companies that contracted with the city and the possibility of requiring those companies to provide basic health insurance to their employees. • Mayor McNeill asked for an update from DME regarding the City's ECA rate and the fact that Denton was still the lowest provider of electricity in the metroplex. City of Denton City Council Minutes April 1, 2008 Page 11 • Mayor McNeill also requested that staff meet with Mr. Cannon. E. City Manager's Report City Manager Campbell did not have a report 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. Thomson motioned, Mulroy seconded that a written legal opinion concerning interpretation of Charter Council term limits be released to the public. On roll vote, Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. Watts motioned, Heggins seconded that the city attorneys be authorized to pursue all legal remedies including litigation to collect royalties under existing gas leases. On roll vote, Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. With no further business, the meeting was adj ourned at 8:18 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS