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February 1, 2011 MinutesCITY OF DENTON CITY COUNCIL MINUTES February 1, 2011 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 1, 2011 at 4:00 p.m. in the Council Work Session Room at City Hall. Note: Due to the poor weather conditions, the Work Session was not held. 1. Citizen Comments on Consent Agenda Items This item was not considered. 2. Requests for clarification of agenda items listed on the agenda for February 1, 2011. This item was not considered. 3. Receive a report, hold a discussion, and give staff direction regarding the governance of the Airport as recommended in the Denton Airport 2010 Business Plan. This item was not considered. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, and Mayor Pro Tem Kamp. ABSENT: Council Member Heggins and Mayor Burroughs. 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 by Carter Blood Care of Four Seasons Award. 2. Presentation of Empowering Excellence Award. 3. Denton Family Unity Week Proclamation. Due to the weather conditions, the presentations and proclamations were postponed to a future meeting. City of Denton City Council Minutes February 1, 2011 Page 2 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. 1. Stephanie Johnson regarding red light cameras in Denton. Ms. Johnson was not present at the meeting. 4. CONSENT AGENDA Council Member Gregory motioned, Council Member Watts seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items B and C. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. Approved the exception to the Noise Ordinance as listed below. A. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during House Concerts hosted by Cassandra Fuhrmann. The House Concerts will be located at 616 Woodland Street, beginning at 5:00 p.m. and concluding at 8:00 p.m., on the following Sundays: March 27, April 17, May 22, August 28, September 25, and October 23, 2011. This request is for an increase in decibels from 65 to 69 and for amplified sound on Sundays. Staff recommends approving the noise exception request. This item was not considered. B. Consider adoption of an ordinance amending Ordinance No. 2003-258 relating to the Economic Development Partnership Board ("The Board") to add to the membership of the Board and to expand the duties of the Board to include branding and marketing for the Denton Municipal Airport in support of the Denton Airport 2010 Business Plan and to further include duties related to Airport economic development incentives; repealing all conflicting ordinances and portions thereof, and providing an effective date. This item was not considered. C. Consider approval of a resolution amending Resolution No. R2009-015 to establish a standing committee of the City Council of the City of Denton, Texas to be known as the City Council Airport Committee to advise and assist the City Council regarding City of Denton Municipal Airport Matters; alternatively assigning such duties to an existing City Council committee; and providing for an effective date. Ordinance No. 2011-011 D. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for Front Load Refuse Containers and Replacement Lids for the City of Denton Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4598-Annual Contract for Front Load Refuse Containers awarded to the lowest responsible bidder meeting specification, Roll-Offs USA, Inc., in the annual estimated amount of $140,000). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes February 1, 2011 Page 3 Ordinance No. 2011-012 E. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with the City of Fort Worth and awarding a contract for the Commercial Credit Card Services; repealing Ordinance 2003-247; authorizing the City Manager or his designee to make expenditures as set forth in the Participation Agreement; and providing an effective date (File 4649-Interlocal Agreement for Commercial Credit Card Services with the City of Fort Worth, contract awarded to JPMorgan Chase Bank, N.A.). Ordinance No. 2011-013 F. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board for the acquisition of thirteen (13) vehicles for the City of Denton General Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4650- Interlocal Agreement for the purchase of General Fund Vehicles awarded to Caldwell Chevrolet in the amount of $248,230 and Philpott Ford in the amount of $111,752 for a total award of $359,982). Ordinance No. 2011-014 G. Consider adoption of an ordinance of the City of Denton, Texas approving an agreement between the City of Denton and the North Texas Umpire Association; determining a sole source and approving the expenditure of funds for the purchase of Certified Softball Officiating Services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 4641-Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $68,500). Ordinance No. 2011-015 H. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Maintenance for continued vendor support of the Open Systems International, Inc., Monarch SCADA (Supervisory Control and Data Acquisition) System from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4645-Purchase of Annual Maintenance Services for Monarch Software Package awarded to Open Systems International, Inc. in the amount of $96,760). The Public Utilities Board recommends approval (5-0). Ordinance No. 2011-016 L Consider adoption of an ordinance approving the expenditure of funds for the refurbishment of a Quint Aerial Fire Trick for the City of Denton Fire Department available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefore; and providing an effective date (File 4652-Purchase of Services and Materials for Refurbishment of Aerial Fire Trick awarded to E-One in the amount of $352,330). City of Denton City Council Minutes February 1, 2011 Page 4 Ordinance No. 2011-017 J. Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No. 2005-112, and thereby revoking an alternative development plan previously approved therein, for approximately 3.2 acres of land generally located at the southwest corner of Windriver Lane and I-35E, in the City of Denton, Denton County, Texas; and providing for an effective date. (ADP04-0009, Unicorn Lake) Ordinance No. 2011-018 K. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Burns & McDonnell for environmental permitting services and studies incident to the development of the 10 MW CUP facility in Denton, Texas; providing for the expenditure of funds therefor; and providing an effective date (in an amount not to exceed $146,806; and in the aggregate amount of not-to exceed $188,681). The Public Utilities Board recommends approval (5-0). Resolution No. R2011-001 L. Consider approval of a resolution of the City Council of the City of Denton, Texas, suspending the effective date for ninety days in connection with the rate increase filing of Oncor Electric Delivery Company LLC on January 7, 2011; finding that the meeting complies with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. Approved the minutes listed below. M. Consider approval of the minutes of. December 7, 2010 December 14, 2010 January 4, 2011 January 11, 2011 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Continue consideration of adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, with an overlay district, on 6.836 acres of land located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, within 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. (Z 10-0007, 1411 E. University Drive) The Planning and Zoning Commission recommends approval with an overlay district (3-2). Council Member Gregory motioned, Council Member Watts seconded to continue the item to the next Council meeting. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. City of Denton City Council Minutes February 1, 2011 Page 5 B. Consider nominations/appointments to the following boards and commissions: 1. Community Development Advisory Board 2. Health and Building Standards Commission 3. Historic Landmark Commission 4. Human Services Advisory Committee 5. Public Art Committee 6. Traffic Safety Commission 7. Zoning Board of Adjustment 8. Downtown Denton Tax Increment Financing Reinvestment Zone Board Council Member Watts nominated James McDade to the Human Services Advisory Committee and Eric Piledo to the Historic Landmark Commission. Council Member Gregory nominated Sara Bagheri to the Human Services Advisory Committee, Pat Cheek to the Traffic Safety Commission and Cecile Carson to the Health and Building Standards Commission. Council Member Heggins requested to nominate Michael Green to the Traffic Safety Commission. Council Member Engelbrecht nominated Howard Draper to the Traffic Safety Commission. Council Member Watts motioned, Council Member King seconded approve the nominations. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. 6. PUBLIC HEARINGS A. Hold the first of two public hearings to consider the involuntary annexation of approximately 1,595 acres of land located within the City of Denton's Extraterritorial (ETJ) Jurisdiction, Division 1, in accordance with Texas Local Government Code. The proposed annexation consists of three (3) distinct areas under multiple ownerships and are identified and generally located as follows: 1. DH-7: 143 acres, located east and north of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive; City of Denton City Council Minutes February 1, 2011 Page 6 2. DH-9: 298 acres, located north of Pockris Page Road, north, south and northeast of Edwards Road; and 3. DH-12: 1,154 acres, located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road. Mark Cunningham, Director of Planning and Development, stated that this was an involuntary annexation and service plan for three areas with multiple parcels in the City's extraterritorial jurisdiction. Overview/Background - In 2009, 18 potential annexation areas were identified. Of the 18 areas, all but three were exempted from the 3-year annexation plan requirements. The 15 areas that were exempted from the requirement of the 3-year annexation plan were annexed on May 4, 2010 except for properties that qualified for non-annexation agreements. The areas to be included in the proposed annexation in terms of acres and parcels were reviewed. Annexation plan process included (1) the adoption of a 3 year annexation plan, (2) providing written notice of intent to annex, (3) conducting an inventory of services and facilities, (4) preparing a service plan for extension of full municipal services, (5) holding two public hearings, (6) negotiating for the provision of services and (7) holding two readings of the annexation ordinance. A Service Plan must be prepared that provided for full municipal services to the annexed areas. The City may provide the services by any of the methods by which it extended services to other areas of the City. The City was not required to extend services to a newly annexed area prior to the extension of services to existing similar areas. The City was not required to provide a uniform level of full municipal services to each area annexed if different characteristics of topography, land use and population density constituted a sufficient basis for providing different levels of service. Staff was recommending the same Service Plan for the three-year annexation areas that was prepared and adopted for the other 15 recently annexed exempted areas. Elements of the Service Plan - (1) Fire - would be provided at a level consistent with current methods and procedures consistent with those services provided to other areas of the city including fire suppression, pre-hospital medical services, hazardous materials response, emergency prevention, technical rescue response and constriction plan review. (2) EMS - included emergency medical dispatch, pre-hospital emergency advanced life support and medical rescue services. (3) Solid Waste - solid waste and recycling services would be made available immediately upon the effective date of annexation with private collection services continuing up to two years after the annexation. (4) Parks and Recreation - the annexed areas would be able to utilize all existing park and recreation facilities on the effective date of the annexation. (5) Streets - emergency street maintenance would be provided on the effective date of the annexation, routine maintenance would be provided consistent with current policies of the City, and roadway signage would be provided in priority of importance starting with emergencies. (6) Water - connection to existing city water in accordance with existing city policies would be available at the established rates. As new development occurred in the annexed areas, the extension of water would be extended consistent with city policies. Water service capacity would be provided consistent with the same fashion in the current city limits. Existing developments, businesses or homes on individual water systems would be allowed to remain as City of Denton City Council Minutes February 1, 2011 Page 7 such until a request was made for service. (7) Wastewater - sanitary sewer mains would be extended in accordance with the provisions of the City's codes, ordinances and regulations. (8) Operation and Maintenance - the City would assume the operation and maintenance of wastewater facilities; roads and streets; and any other publicly owned facility, building or service following the effective date of the annexation. After holding the public hearings, the City and property owners must negotiate with area representatives for the provision of services to the area after annexation. The Denton County Commissioners Court would select the representatives to negotiate with the City for the provision of services. The City would not be able to annex those areas appraised for agriculture, wildlife management or timberland uses unless offered a non- annexation agreement and the property owner declined to make the agreement. Annexation schedule - the second public hearing was scheduled for February 15th with negotiations for services determined after that. The first reading of the annexation ordinance was scheduled for January 2012 with the 2" d reading to be held sometime before May 2013. The Mayor Pro Tem opened the public hearing. The following individuals spoke during the public hearing: Will Strict, 4008 Hickory Lane, Denton, 76208 - had questions regarding the process Leo Miller, 3091 Swisher, Denton, 76208 - concerned about the services as presented The Mayor Pro Tem closed the public hearing. Mayor Pro Tem Kamp stated that because of the weather there was a concern that many citizens were not able to attend this meeting. A third public hearing would be scheduled as a courtesy to those individuals. The hearing would be either February 17th or 18th. Cunningham noted in response to Mr. Miller's concerns that the Service Plan must provide the area with a level of service comparable to or superior to the level of services available in other parts of the City with land uses and population densities similar to those projected in the area. The timing of the services would be issues included in the negotiation phase. Different areas might get different levels of service consistent with similar areas in the city. Council Member Gregory asked if there would be separate negotiation teams for each area of annexation or one team for the entire process. Cunningham stated that it was anticipated that there would be several separate negotiations from each area. No action was required by Council on this item at this time. B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, on approximately 0.26 acres of land located on the east side of Bonnie Brae Street and City of Denton City Council Minutes February 1, 2011 Page 8 approximately 200 feet south of Emery Street; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z10-0012, Janke Addition) The Planning and Zoning Commission recommends approval (4-0). Mayor Pro Tem Kamp stated that Council could open the public hearing and continue it to the February 15th agenda. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. Council Member King motioned, Council Member Watts seconded to continue the public hearing to the February 15, 2011 council meeting. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. Ordinance No. 2011-019 C. Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface use of a portion of Quakertown Park for the purpose of a sewer line easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a sewer easement; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Bob Tickner, Parks Superintendent, stated that Denton Municipal Utilities had requested the use of parkland to relocate a sewer line across Quakertown Park. The Texas Parks and Wildlife Code required a public hearing to determine that there were no feasible alternatives to the use or taking of the land. Several other options were explored but the proposed use was the most prudent and cost effective way to provide the sewer line in this area. The Parks, Recreation and Beautification Board recommended approval. Council Member Gregory asked how the line would be developed. Jim Wilder, Senior Engineer, stated that an open cut would be made to cross the creek with a replacement of the concrete embankment. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. Council Member Watts motioned, Council Member King seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. City of Denton City Council Minutes February 1, 2011 Page 9 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Watts asked for an informal staff report regarding the constriction of student family homes in single family subdivisions. Council Member Engelbrecht thanked the staff who had been outdoors the last 24 hours doing service for citizens. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Pro Tem Kamp announced that Council would go into Closed Meeting following the completion of the regular meeting. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action taken on Closed Meeting items. Following the completion of the regular session, the Council convened into Closed Session to discuss the following: 1. Closed Meeting: A. Deliberations regarding Certain Public Power Utilities: Competitive Matters Under Texas Government Code Sec. 551.086 and Consultation with Attorneys - Under Texas Government Code Sec. 551.071. 1. Receive a status report and further presentation from staff regarding public power competitive and financial matters regarding the possible constriction and installation of a state-of-the-art combined heat and power (CUP) tri- generation station for the City to be located in the industrial district in the City of Denton, Texas; discuss deliberate, consider and provide staff with direction regarding same. Further, receive a briefing from and a consultation City of Denton City Council Minutes February 1, 2011 Page 10 with the City's attorneys regarding legal issues concerning the possible constriction and installation of a combined heat and power (CUP) tri- generation station for the City in the industrial district in the City of Denton, Texas; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. Consultation with Attorney - Under Texas Government Code Section 551.071; Deliberations regarding Real Property - Under Texas Government Code Section 551.072. 1. Receive a report and hold a discussion with the City's attorneys regarding legal issues associated with real property interests located in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas (the "Property") and actions of the City of Denton related to the value and sale of the Property. The duty of the City's attorneys to the City of Denton 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 in this matter. Also hold a discussion to deliberate the purchase, exchange, lease or value of the Property. A discussion of these matters in an open meeting would have a detrimental effect on the position of the City of Denton in negotiations with the third party. C. Consultation with Attorney - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues related to economic development incentives in which the duty of the attorney to the City of Denton 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 hold a discussion regarding economic development incentives and the discussion shall include commercial information the City Council has received from the candidate 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 and to deliberate the offer of a financial or other incentive to such candidate. With no further business, the meeting was adjourned. MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS