Sep 16, 2014 City Council on 2014-09-16 3:00 PM

September 16, 2014 City Council 13148

Meeting Details
Meeting Date: September 16, 2014
Board: City Council
Video ID: 13148
Has Transcript: No
Has Agenda: Yes
AI Summary by Dentron 3000

Meeting Summary: City of Denton City Council – September 16, 2014

Key Topics and Discussions: - Work Session: Review of the Tree Code, Tree Fund, Tree Trusts, and Urban Forestry Ecosystem Assessment/Canopy Analysis. - Closed Session: Legal consultations and deliberations regarding real property acquisitions and potential condemnation for infrastructure projects (Bonnie Brae, Fort Worth Drive/FM 1830, Mayhill Road, Hickory substation, airport leases), Denton Municipal Electric (DME) FY 2014-2015 budget, and Gas Well Ordinance regulatory strategies. - Regular Session: FY 2014-2015 budget adoption, 2014 tax rate and rolls, utility rate adjustments, public works contracts, software/service maintenance agreements, zoning and land use changes, eminent domain proceedings, and special event permits.

Motions, Votes, and Outcomes: - Budget Items: Proposed adoption of the 2014 ad valorem tax rate ($0.689750 per $100 valuation), approval of 2014 tax rolls, adoption of the FY 2014-2015 Annual Program of Services and Capital Improvement Program, and a ratification ordinance for increased property tax revenue. - Consent Agenda: A single motion was recommended to approve items A–MM. Staff and advisory boards recommended approval for park facility fees, a $5,700 public art purchase, grant applications, rate amendments for electric/water/wastewater/solid waste services, multiple software maintenance and service contracts, public works contracts (FM 2499 utility relocation, wood utility poles, weather forecasting), nuisance remediation fees, a $5,000 downtown reinvestment grant, airport agreements, TMPA reimbursement ($1.02M), a revised board handbook, event permits, strategic plan approval, July meeting minutes, a $287,900 Mayhill Road property acquisition, and a $227,467 Chamber of Commerce economic development partnership. - Individual Consideration: Proposed ordinance authorizing eminent domain proceedings for Burch Family Farms Ltd. properties to support electric transmission and detention facility projects. - Public Hearings: Consideration of a zoning change to NR-6 (Edwards Rd), MSD deed restrictions (N State Loop 288), a comprehensive plan amendment to Industrial Center, a zoning change to IC-G, and a specific use permit for heavy manufacturing (Worthington Dr). Planning and Zoning Commission recommendations were recorded (6-0, 5-2, and 7-0).

Decisions Made: - Based on the provided agenda, final council votes and formal adoption of ordinances, resolutions, and contracts were scheduled for consideration during the regular meeting. All listed items were presented with staff recommendations and advisory board endorsements pending final council action.

Action Items or Next Steps: - Council to conduct final votes on budget adoption, tax rate/rolls, consent agenda items, eminent domain authorization, and zoning/land use ordinances. - Staff to execute approved contracts, grants, and agreements, including FM 2499 construction, software maintenance, airport leases, and the Chamber of Commerce partnership. - City Attorney to advance eminent domain proceedings and real property acquisition strategies following closed session deliberations. - Implementation of approved utility rate schedules, fee structures, parking restrictions, and special event permits. - Processing and recording of approved zoning, land use, and specific use permit ordinances following public hearings.

Agenda Chapters
1. 1. Citizen Comments on Consent Agenda Items
0:21 - 0:28
2. 2. Requests for clarification of agenda items listed on the agenda for September 16, 2014.
0:28 - 7:07
3. A. DCA14-0005 Receive a report, hold a discussion and give staff direction regarding the history and current status of the Tree Code, Tree Fund, and Tree Trusts; and Urban Forestry Ecosystem Assessment and Canopy Analysis.
7:07 - 103:29
4. 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 at which the following items will be considered:
103:29 - 104:35
5. A. ID 14-0556 Scenic City Certification
104:35 - 108:32
6. 3. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION
108:32 - 108:39
7. A. ID 14-0476 Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property tax of the City of Denton, Texas, for the year 2014, on all taxable property within the corporate limits of the city on January 1, 2014, and adopting a tax rate of $0.689750 per $100 of valuation for 2014; providing revenues for payment of current municipal maintenance and operation expenses and for payment of interest and principal on outstanding City of Denton debt; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date.
108:39 - 111:09
8. B. ID 14-0477 Consider adoption of an ordinance of the City of Denton, Texas, approving the 2014 tax rolls; and providing an effective date.
111:09 - 112:01
9. C. ID 14-0507 Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2014-2015 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2014, and ending on September 30, 2015; and declaring an effective date.
112:01 - 113:31
10. D. ID 14-0508 Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the Fiscal Year 2014-15 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning October 1, 2014, and ending on September 30, 2015 when the Budget will raise more revenue from property taxes than last year's budget; and providing an effective date.
113:31 - 115:02
11. 4. CONSENT AGENDA
115:02 - 116:12
12. BB. ID 14-0526 Consider authorizing the City Manager to execute an agreement and approve a grant application with Royal Seafood LLC, dba Hoochie's Oyster House, represented by Sam Solomon, 214 E. Hickory Street, from the Downtown Reinvestment Grant Program not to exceed $5,000; and providing for an effective date. The Downtown Task Force recommends approval (11-0).
116:12 - 117:30
13. A. ID 14-0532 Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple to an approximate 1.074 acre tract (the "Substation Tract") located in the W. Roark Survey, Abstract No. 1087 and the J. Severe Survey, Abstract No. 1164, both in Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and east of the Fort Worth Drive Substation Addition, and (ii) fee simple to an approximate 0.627 acre tract (the "Pump Station Tract") located in the B.B.B. & C. R. R. Co. Survey, Abstract No. 196 and the J. W. Withers Survey, Abstract No. 1343, both in Denton County, Texas, generally located west and adjacent to the G. C. & S. F. Railroad right of way and running to the west right of way line of F. M. Highway 1830, and (iii) an approximate 0.476 acre ingress and egress easement tract located in the J. Severe Survey, Abstract No. 1164, Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and south of the Fort Worth Drive Substation Addition, Denton County, Texas, and (iv) an approximate 1.802 acre electric utility and communication easement located in the W. Roark Survey, Abstract No. 1087, Denton County, Texas, located generally east of the Ft. Worth Drive Substation Addition and running to the west line of a tract of land owned by City of Denton, Texas, called 37.95 acres in Deed recorded in Instrument Number 2014-68891, Deed Records, Denton County, Texas, (the "City tract") and (v) an approximate 1.793 acre temporary construction and access easement located in the W. Roark Survey, Abstract No. 1087, Denton County, Texas, located generally north of and adjacent to 1.802 acre tract; for (A) as concerns the Substation Tract, ingress and egress easement, electric utility and communication easement and the temporary construction and access easement, the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures; and (B) as concerns the Pump Station Tract, the public use of a wet weather pump station and detention facility project (the "Hickory Creek Detention Facility"); as attached to the ordinance and made a part thereof (I) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (II) authorizing the expenditure of funds therefore; (III) making findings; (IV) providing a savings clause; and (V) providing an effective date. (Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.)
117:30 - 119:03
14. A. Z14-0012 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for an initial zoning and land use classification of Neighborhood Residential 6 (NR-6) on approximately 34.73 acres of land located on the south side of Edwards Road, approximately 500 feet west of Swisher Road, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability, and an effective date (Z14-0012). The Planning and Zoning Commission recommends approval (6-0).
119:03 - 142:35
15. B. MSD14-0001 Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton authorizing the acceptance of deed restrictions prohibiting the use of designated groundwater from beneath a 34.06 acre property generally described as 100 and 306 North State Loop 288 and including the full width of adjacent Right of Ways of North State Loop 288, Market Street, and E. McKinney Street (FM 426), generally at the northeast corner of McKinney Street and North State Loop 288, Denton, Texas, to facilitate certification of a municipal setting designation (MSD) of said property by the Texas Commission on Environmental Quality (TCEQ), pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date.
142:35 - 164:08
16. C. CA14-0003 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a comprehensive plan amendment from a "Regional Mixed Use Center" future land use designation to an "Industrial Center" future land use designation on approximately 2.95 acres of land generally located on the west side of Worthington Drive, north of Barcelona Street and south of Schuyler Street being Lot 3, Block A of the Hull Addition; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (5-2). (CA14-0003)
164:08 - 247:18
17. D. Z14-0014 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Regional Center Commercial Downtown (RCC-D) zoning district and use classification to an Industrial Center General (IC-G) zoning district and use classification on approximately 2.95 acres of land generally located on the west side of Worthington Drive, north of Barcelona Street and south of Schuyler Street being Lot 3, Block A of the Hull Addition; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. This is part two of a three-part request including CA14-0003 and S14-0004. The Planning and Zoning Commission recommends approval (5-2).
247:18 - 248:23
18. E. S14-0004 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a specific use permit for a "heavy manufacturing use" in an "Industrial Center General" (IC-G) zoning district and use classification on approximately 2.95 acres of land generally located on the west side of Worthington Drive, north of Barcelona Street and south of Schuyler Street being Lot 3, Block A of the Hull Addition; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. This is part three of a three-part request including CA14-0003 and Z14-0014. The Planning and Zoning Commission recommends approval (7-0).
248:23 - 252:18
19. 8. CONCLUDING ITEMS
252:18 - 260:11
Agenda
19 pages
City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, September 16, 2014 3:00 PM Work Session Room & Council Chambers After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, September 16, 2014 at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for September 16, 2014. 3. Work Session Reports A. DCA14-0005 Receive a report, hold a discussion and give staff direction regarding the history and current status of the Tree Code, Tree Fund, and Tree Trusts; and Urban Forestry Ecosystem Assessment and Canopy Analysis. Attachments: Exhibit 1 - Phasing Schedule Exhibit 2 - Recommendation Graphic Exhibit 3 -Sample Assessment Executive Summary- Arlington Executive Summary Exhibit 4 - Sample Assessment Summary- Mesquite Summary Exhibit 5 - Council Directed Prioritization of Projects Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID 14-0501 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consu…

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