Apr 07, 2015 City Council on 2015-04-07 1:00 PM

April 07, 2015 City Council 13166

Meeting Details
Meeting Date: April 07, 2015
Board: City Council
Video ID: 13166
Has Transcript: No
Has Agenda: Yes
AI Summary by Dentron 3000

Meeting Summary: City of Denton City Council Date: April 7, 2015 Session: Work Session (1:00 PM) and Regular Meeting (6:30 PM)

Key Topics and Discussions - Work Session: Staff reports and council discussion on potential amendments to Chapter 27, Article VI of the Code of Ordinances (vehicles for hire); local initiatives to assist homeless and at-risk populations; and adoption of the 2012 International Fire Code. - Closed Session: Legal consultation and deliberation on real property acquisitions (DME transmission expansion, Township II Park, Central Downtown tracts, Fire Stations 3 & 4); economic development incentive negotiations for Business Air and West Gate Business Park; legal strategy regarding the Gas Well Ordinance and related litigation; and annexation legal matters. - Regular Meeting: Proclamations (African Cultural Festival Day, National Community Development Week, Arbor Day, Blind Side Week); citizen reports on building inspections, the Senior Center, and red light cameras; consent agenda items covering contracts, budget adjustments, traffic/parking ordinances, and bond authorizations; individual consideration of eminent domain, economic development grants, legal services, board appointments, and debt issuance; public hearings on zoning, park utility easements, youth program standards, nonsmoking areas, annexation, and gas well drilling regulations.

Motions, Votes, and Outcomes - The provided document is a meeting agenda and does not record final City Council votes or outcomes. - Committee recommendations noted for council consideration include: Public Utilities Board approval (5-0/6-0) for utility and maintenance contracts; Planning & Zoning Commission recommendation to approve the Wheeler House group home Specific Use Permit (5-1) with conditions, landfill expansion SUP (5-2) with conditions, Windsor Oaks initial zoning (6-0), and denial of gas well ordinance amendments (4-3); Parks, Recreation & Beautification Board approval (7-0) for park easements and youth program standards; Audit/Finance Committee approval (3-0) for FY 2014-2015 budget adjustments; and Traffic Safety Commission approval (5-0) for parking restrictions on East Mulberry Street.

Decisions Made - No final council decisions are documented in the agenda. Scheduled actions included consideration of ordinances authorizing property acquisitions, economic development grant agreements, professional legal services, board appointments, issuance of up to $98,925,000 in Certificates of Obligation, and up to $49,120,000 in General Obligation Bonds. Public hearings were scheduled for zoning changes, park easements, annexation of approximately 678.49 acres, and gas well drilling code amendments.

Action Items or Next Steps - Staff to receive council direction on vehicles-for-hire ordinance revisions, homeless assistance programs, and 2012 International Fire Code adoption. - City Manager and City Attorney to proceed with property acquisition negotiations and eminent domain proceedings for Township II Park tracts as authorized. - Council to reconvene for the second public hearing on annexation areas and to continue deliberation on gas well ordinance amendments. - Implementation of consent agenda items to proceed upon formal council approval.

Agenda Chapters
1. 1. Citizen Comments on Consent Agenda Items
0:25 - 0:32
2. 2. Requests for clarification of agenda items listed on the agenda for April 7, 2015.
0:32 - 216:18
3. A. ID 15-169 Receive a report, hold a discussion, and give staff direction regarding potential changes to Chapter 27, Article VI of the Code of Ordinances relating to vehicles for hire.
15:51 - 68:11
4. B. SI15-0008 Receive a report, hold a discussion and give staff direction regarding local efforts to provide assistance to the homeless and those at-risk of becoming homeless.
68:11 - 216:18
5. 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:
216:18 - 691:57
6. A. ID 15-212 African Cultural Festival Day
219:09 - 223:12
7. B. ID 15-211 National Community Development Week
223:12 - 227:02
8. C. ID 15-221 Arbor Day
227:02 - 229:30
9. D. ID 15-265 Blind Side Week
229:30 - 234:55
10. A. ID 15-224 Willie Hudspeth regarding concerns about the Building Inspections process.
234:55 - 235:07
11. B. ID 15-261 Gerald DeMarsh regarding the Senior Center.
235:07 - 240:19
12. C. ID 15-303 Willie Sellers regarding red light cameras.
240:19 - 248:11
13. U. ID 15-285 Consider approval of a resolution of the City of Denton, Texas, in opposition to Senate Bill 343 and any other legislation which would erode the authority of a home rule municipality; and providing for an effective date.
248:11 - 250:35
14. A. ID 15-187 Consider adoption of an ordinance of the City of Denton, Texas determining the public use, need, and necessity for the acquisition of fee title to properties described in the attached Exhibit "A" and located in and around the Township II area generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd., for park land; authorizing the City Manager and City Attorney, or their respective designees, to acquire the property including making initial and final offers, authorizing the use of the power of eminent domain to condemn the properties; and authorizing the City Attorney, or her designee, to file eminent domain proceedings, if necessary, and providing an effective date. (Township II Park Property Acquisition project: Greenbelt tracts 1, 2, and 4, Greenbelt North, Street, and West - Denton 68 Joint Venture [ID 15-186])
250:35 - 253:25
15. A. ID 15-198 Consider adoption of an ordinance of the City of Denton, Texas approving an Economic Development Program Grant Agreement between the City of Denton and BAM Denton Management Ventures, LLC; and providing an effective date (Business Air).
253:25 - 261:19
16. B. ID 15-199 Consider adoption of an ordinance of the City of Denton, Texas approving an Economic Development Program Grant Agreement between the City of Denton and WGBP Investments, LTD; and providing an effective date (West Gate Business Park).
261:19 - 264:55
17. C. ID 15-236 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the approval of a professional legal services agreement by and between Terry Morgan & Associates, P.C. and the City of Denton, Texas; providing for the expenditure of funds; and providing for an effective date.
264:55 - 266:10
18. D. ID 15-240 Consider nominations/appointments to the City's Boards and Commissions: Health & Building Standards Commission and Human Services Advisory Committee.
266:10 - 268:21
19. E. ID 15-251 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $98,925,000 in principal amount of "City of Denton Certificates of Obligation, Series 2015" (including up to $8,258,000 for General Government activities, up to $10,542,000 for Solid Waste Fund activities, and up to $80,125,000 for Electric, Water and Wastewater Fund activities); authorizing the issuance of the Certificates; delegating the authority to certain City officials to execute certain documents relating to the sale of the Certificates; approving and authorizing instruments and procedures relating to said Certificates; and enacting other provisions relating to the subject.
268:21 - 277:31
20. F. ID 15-252 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $49,120,000 in principal amount of "City of Denton General Obligation Refunding and Improvement Bonds, Series 2015"; authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; and enacting other provisions relating to the subject.
277:31 - 283:21
21. A. S14-0008 Hold a public hearing and consider a Specific Use Permit (SUP) for a Group Home on approximately 0.391 acres of land generally located on the west side of N Elm Street near the intersection with Ferguson Street. The subject property is located within a Downtown Commercial General (DC-G) zoning district (S14-0008, Wheeler House). The Planning and Zoning Commission recommends approval (5-1) with a condition.
283:21 - 334:49
22. G. ID 15-262 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating portions of certain retail establishments, public buildings, and food establishments as nonsmoking areas; providing notification requirements; prohibiting smoking in designated nonsmoking areas; providing exceptions; providing penalties; providing a severability clause, repealing ordinance 2012-367, and any other ordinance in conflict herewith; and providing for an effective date.
334:49 - 578:07
23. B. S13-0007 Hold a public hearing and consider a Specific Use Permit (SUP) to allow for expansion of the Municipal Solid Waste Landfill and associated Solid Waste and Recycling ground services operations and equipment storage on approximately 156.9 acres. The subject property is zoned Industrial Center General (IC-G) and is generally located north of Spencer Road and east of Mayhill Road. The Planning and Zoning Commission recommends approval (5-2) with conditions.
578:07 - 639:16
24. C. ID 15-241 Hold a public hearing and consider adoption of an ordinance granting approval, in accordance with Chapter 26 of the Texas Parks and Wildlife Code, of the non-park use of a part of Quakertown Park for the purpose of installing and maintaining a sanitary sewer line for the Senior Center connector of the Pecan Creek Interceptor III Project; providing for a notice by the City of Denton, Texas of non-park use for installation and maintenance of sanitary sewer line and reservation of easement in the event of sale of park; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (7-0).
639:16 - 647:14
25. D. ID 15-242 Hold a public hearing and consider adoption of an ordinance granting approval, in accordance with Chapter 26 of the Texas Parks and Wildlife Code, of the non-park use of a part of North Lakes Park for the purpose of installing and maintaining a water line and a sanitary sewer line for the Vista Del Arroyo Offsite Utilities Project; providing for a notice by the City of Denton, Texas of non-park use for installation and maintenance of a water line and sanitary sewer line and reservation of easement in the event of sale of park; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (7-0).
647:14 - 648:19
26. E. Z14-0010 Hold a public hearing and consider an initial zoning of Neighborhood Residential 4 (NR-4) on approximately 17.76 acres and Neighborhood Residential 6 (NR-6) on approximately 22.57 acres of land on a tract totaling 40.33 acres in size. The subject property is generally located on the west side of Cooper Creek Road, approximately 750 feet south of Silver Dome Road and 1,250 feet north of Fishtrap Road (Z14-0010, Windsor Oaks). The Planning and Zoning Commission recommends approval (6-0).
648:19 - 656:02
27. F. ID 15-255 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton's Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an effective date. The Parks, Recreation and Beautification Board recommend approval 7-0.
656:02 - 658:51
28. H. A15-0012 Hold the first of two public hearings to consider the annexation of approximately 678.49 acres of land contained in eight of the fifteen annexation areas, which received a Non-Annexation Agreement in 2010, and do not comply with the exemption requirements in the Texas Local Government Code Chapter 43.035 or did not execute a Non-Annexation Extension Agreement. Four annexation areas consist of approximately 508.79 acres, generally located in northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The remaining four areas include approximately 169.70 acres of land, and are unincorporated ETJ pockets located within the body of the City of Denton's corporate limits, and identified as DH2, DH3, DH4, and DH11; providing for severability and an effective date.
658:51 - 686:24
29. I. DCA14-0009f Continue a public hearing and consider adoption of an ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013-248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009f). The Planning and Zoning Commission recommends denial (4-3). A supermajority vote by City Council is required to adopt a motion to approve this ordinance.
686:24 - 691:57
30. 9. CONCLUDING ITEMS
691:57 - 695:32
Agenda
16 pages
City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, April 7, 2015 1:00 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, April 7, 2015 at 1:00 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 April 7, 2015. 3. Work Session Reports A. ID 15-169 Receive a report, hold a discussion, and give staff direction regarding potential changes to Chapter 27, Article VI of the Code of Ordinances relating to vehicles for hire. B. SI15-0008 Receive a report, hold a discussion and give staff direction regarding local efforts to provide assistance to the homeless and those at-risk of becoming homeless. Attachments: Exhibit 1 PowerPoint Handout Exhibit 2 DCHC Homeless Flier C. ID 15-284 Receive a report, hold a discussion, and give staff direction regarding an ordinance to adopt the 2012 International Fire Code (IFC) as amended by the City. Attachments: Exhibit 1 2012 IFC Ordinance Exhibit 2 2012 IFC Presentation 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 Governmen…

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