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Minutes January 21, 2003CITY OF DENTON CITY COUNCIL MINUTES January 21, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 21, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding the Denton Development Code's NRMU and NRMU-12 zoning classifications. Dave Hill, Assistant City Manager for Development Services, stated that during the first quarterly review of the Development Code, Council had referred several issues related to the Neighborhood Residential Mixed Use Zoning Classifications to the Planning and Zoning Commission for analysis and revision recommendations. An amendment recommended by a split vote of the Commission, would require the approval of a Specific Use Permit for NRMU-12 multi-family development located within 200 feet of an existing single family dwelling. That amendment was tabled by Council for further study and analysis. To date, no NRMU-zoned properties had been developed in the City that would help to demonstrate how the code regulated mixed-use projects. Major points to be considered regarding the NRMU districts included: 1. NRMU and NRMU-12 have not been used much at this time and there are not good examples to refer to at this time. No examples of how the new code impacted mixed use or multi-family development was available to assess the adequacy of the new regulations. 2. The imposition of a specific use requirement should be used only in cases where the potential variability of a certain type of land use was so great that development characteristics were unpredictable. 3. The impact of the imposition of a specific use permit for NRMU-12 multi-family development would increase project planning, design, and processing costs significantly. The potential for site plan revisions required, as a condition of a specific use permit approval would heighten the level of uncertainty for applicants. 4. If a property zoned NRMU or NRMU-12 was clearly inappropriate for the area within which it was located, the zoning should be changed rather than imposing the specific use permit requirement. 5. Approximately 1.1% of the city's land area were zoned NRMU-12 and located within 200 feet of platted single-family lots. Staff was recommending that the proposed NRMU-12 specific use permit amendment not be pursued at this time. Site design standards or specific NRMU-12 zoning district locations should be reexamined if changes were warranted. Council discussed the newness of the regulations, grandfathering for existing zoning, the broadness of the NRMU category, identification of specific sites that would be affected, and the crafting of regulations to address the issues and definitions listed in the Code such as an NRMU infill category. Consensus of Council was to direct staff to research smaller categories for NRMU and group similar uses together. This would be geared towards infill and might add a new category of non- City of Denton City Council Minutes January 21, 2003 Page 2 residential uses intended to promote neighborhood services. There would be no specific use permit for the two-stage process with a limited zoning category restricted for limited situations. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of January 21, 2003. Following completion of the Work Session, Council considered the following in Closed Meeting: 1. Closed Meeting: Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Considered and discussed status of litigation styled Robinson v. City of Denton, et al., Cause No. A167804, currently pending in the 58th District Court, Jefferson County, Texas. Council Member Fulton excused herself from the meeting with a conflict of interest. Deliberations regarding real property---Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney---Under TEXAS GOVERNMENT CODE Section 551.071. Deliberated the value and purchase of real property interests of certain real property owned by Vodie Fulton, et al., being six tracts of land totaling approximately 19 acres in J. Brock Survey, Abstract 55, the J. Lilly Survey, Abstract 762, the W. Crenshaw Survey, Abstract 318, and in the B.B.B & C.R.R. Survey, Abstract 185, situated along the 1100 block of North Ruddell Street, south of the Union Pacific Railroad corridor; and receipt of legal advice from the City Attorney on a matter in which his professional responsibility to the City Council requires private legal consultation. Council Member Fulton returned to the meeting. Deliberations Regarding Certain Public Power Utilities Competitive Matters - Under TEXAS GOVERNMENT CODE Section 551.086.** Consultation with Attorney- Under TEXAS GOVERNMENT CODE Section 551.071. Received competitive electric public power and market information regarding the issue of consent, by the City Council of the City of Denton, Texas, to approval of the sale and transfer by the PG&E-related entities to the City of Garland, Texas respecting the Spencer Station Generation Plant and the Lake Lewisville Hydroelectric Facility, both located in Denton County, Texas. Discussed, deliberated, considered, provided Staff with direction, and took final action regarding the proposed sale and transfer regarding the above matters. Further, discussed and considered City of Denton City Council Minutes January 21, 2003 Page 3 the legal ramifications and legal position of the City by conducting a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning this issue; where to discuss such issue and matter in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client, the Denton City Council, under the Texas Disciplinary Rules of Professional Conduct. Regular Meeting of the City of Denton City Council on Tuesday, January 21, 2003 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 Mayor Brock presented the following proclamations and received the following awards: Denton Family Unity Week University of North Texas Mean Green Day Denton High School Congratulations GFOA Certificate of Finance Excellence Award B. January Yard-of-the-Month Awards Mayor Brock presented the January Yard of the Month Awards to: Jim and Linda Wicker John and Denise Miller Vena Madison Ronald Aparo and Patricia Foster Tom and Peggy La Pointe LaVerne Watson Todd and Kate Marshall - Xeriscaped Yard C. City Manager Conduff presented a recognition of staff accomplishments 3. CITIZEN REPORTS A. The Council received citizen reports from the following: Tillman Uland: salary for the Mayor and City Council, retired city employees and the budget, and neighborhood City Council meetings. City of Denton City Council Minutes January 21, 2003 Page 4 Mr. Uland stated the Mayor and Council did not receive any compensation for their time spent on Council. He suggested that the entire Council receive payment for their services. He requested that Council remember former city employees during budget considerations in order to assist them with expenses. He suggested the Council hold neighborhood meetings to receive direct input from citizens. 2. Dalton Allen: City's Solid Waste ordinance. Mr. Allen stated there were some issues that looked good on paper that might not work well in reality. One instance was the responsibility of the property owner for trash dumped illegally in and around dumpsters. He felt the City should be responsible for some of these situations. He suggested the formation of a committee made up of citizens and staff members to address this issue. 3. Willie Hudspeth: concerns about Southeast Denton. Mr. Hudspeth was not present at the meeting. 4. Larry Jambor: garbage cans in Wind River Estates. Mr. Jambor stated the residents of Wind River Estates were required to use automated garbage pick-up. He questioned the method of determination as to who received that type of service. Peternia Washington: issues at the MLK Center and City of Denton hiring practices. Ms. Washington was not present at the meeting. Walter Jackson: reconsideration of the hiring decision for the MLK Center director. Mr. Jackson stated the Council should give more attention to the hiring of minorities in the City. Minorities should not have to go outside Denton in order to be hired. Lilly Moturi: reconsideration of the hiring decision for the MLK Center director. Ms. Moturi was not present at the meeting. 8. Marcella Brown: job affairs in Denton. Ms. Brown stated she was concerned about the percentage of minorities hired in the City of Denton. 4. CONSENT AGENDA Mayor Brock indicated that Item 4C and 4D would be pulled for separate consideration. McNeill motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of 4C and 4D. On roll vote, Burroughs "aye", City of Denton City Council Minutes January 21, 2003 Page 5 Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Council Member Fulton excused herself from the meeting with a conflict of interest. Burroughs motioned, Redmon seconded to approve 4C and 4D. On roll vote, Burroughs "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 2003-011 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of polymer concrete pull boxes and providing an effective date (Bid 2929 - Polymer Concrete Pull Boxes awarded to Hughes Supply in the estimated amount of $37,950). 2003-012 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of decorative streetlight fixtures and providing an effective date (Bid 2933 - Decorative Streetlight Fixtures awarded to Genlyte Dallas/Hadco in the estimated amount of $212,250). 2003-013 - An ordinance to declare the intent to reimburse expenditures from the Unreserved Retained Earnings of the Materials Management Fund with Certificates of Obligation for the purchase of land; declaring an emergency and amending the 2002-2003 Capital Improvement Budget; and providing an effective date. (Project: $585,000 land purchase and misc. related costs not to exceed $25,000). 2003-014 - An ordinance of the City of Denton, Texas approving a real estate contract between the City of Denton and Vodie Fulton, Edwin Owen Fulton and Joe L. Fulton for the purchase of six tracts of land totaling approximately 19.06 acres and generally located adjacent to and east of the City of Denton Service Center in the J. Brock Survey, the J. Lilly Survey, the W. Crenshaw Survey, and the B.B.B. & C.R.R. Survey, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. 2003-015 An ordinance providing for the expenditure of funds for the emergency purchase of fuel for the Fleet Services Department in accordance with provisions of state law exempting such purchases from requirements of competitive bidding; and providing an effective date (Purchase Order 109185 to Kelsoe Oil Co. in the amount of $53,637). 2003-016 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Denton County and awarding a contract for the purchase of office furniture; providing for the expenditure of funds therefore; and providing an effective date (File 2948 - Furniture for the New Central Fire Station and for the New Solid Waste Operations/Administration Building awarded to Texas Furniture Source, Inc. in the amount of $192,227.79). 2003-017 - An ordinance authorizing the City Manager to accept an Interlocal Agreement with U.S. Communities to authorize participation in various U.S. City of Denton City Council Minutes January 21, 2003 Page 6 Communities contracts for the purchase of various goods and services; and declaring an effective date (File 2930 - Interlocal Agreement with U.S. Communities). 2003-018 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting, LLC for consulting services relating to the Denton Municipal Electric Utility; authorizing the expenditure of funds therefor; and providing an effective date. 2003-019 - An ordinance partially abandoning an easement assigned to the City of Denton as recorded in Volume 538, Page 666, Deed Records, Denton County, Texas, from an easement previously granted to Texas Power & Light Company by Deed as Recorded in Volume 231, Page 179, Deed Records, Denton County, Texas; and providing an effective date. 2003-020 - An ordinance approving an amended budget for hotel tax fund expenditures by Denton County, Texas, for the operation of the Courthouse on the Square Museum during calendar year 2002 (CY2002), to be effective as of the date of passage and approval of this ordinance. 2003-021 - An ordinance of the City of Denton approving a License Agreement between the Texas Municipal Power Agency ("TMPA"), and the City of Denton relating to the encroachment of a sanitary sewer line and a double box culvert across an existing TMPA Easement as part of the Southern Hills Medical Plaza improvements 8-Inch Sanitary Sewer line and 7' by 4' double box culvert, located within the tract of land situated in the Joseph White Survey Abstract Number 1433, City of Denton, Denton County, Texas and being a portion of a called 243.185 acre tract of land described in the deed being recorded in Volume 3245 page 699 of the Deed Records of Denton County, Texas. 2003-022 - An ordinance authorizing the City Manager to execute an agreement of resignation with Doug Powell; and providing for an effective date. R2003-003 - A resolution leasing parking spaces located on the Williams Trade Square; and providing an effective date. 2003-023 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a contract for professional legal services between the City of Denton and Orgain, Bell & Tucker, LLP for legal services in litigation styled Robinson v. City of Denton, et al., currently pending in the 58th District Court of Jefferson County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. Approved an exception to the Noise Ordinance for the purpose of construction on the Denton Crossing Project by Rogers-O'Brien Construction beginning immediately through May 2003 during the hours of 6:00 a.m. through 8:30 p.m. Monday through Friday, and 7:00 a.m. through 8:30 p.m. on Saturday. City of Denton City Council Minutes January 21, 2003 Page 7 Specifically the request is for an exception to the hours of operation beginning an hour early, at 6:00 a.m., on Monday through Friday and an exception to the hours beginning one hour early, at 7:00 a.m., on Saturday effective immediately through May of 2003. No request for an exception to the hours of operation has been made for Sunday. P. Approved the appointment of a Deputy City Secretary. 2003-024 - An ordinance of the City of Denton, Texas approving an amendment to an economic development program grant agreement dated November 27, 2001 between the City of Denton and Denton Crossing Partners LTD., which was duly assigned to ORIX Hunt Denton Venture; and providing an effective date. Council Member Fulton returned to the meeting. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance rezoning three parcels totaling approximately 0.8 acres, from a Multiple Family Dwelling District 1 (MF-1) zoning district to a Neighborhood Residential 3 (NR-3) zoning district. The property commonly known as 1822, 1828 and 1902 West Oak Street was generally located on the north side of West Oak Street approximately 310 feet east of Bradley. The property was being rezoned to bring it in conformance with the Denton Development Code. The Planning and Zoning Commission recommended approval (7-0). (Z02-0053, 1822, 1828 & 1902 West Oak StreeO Larry Reichhart, Assistant Director of Development Services, stated that the property owner was in opposition to the proposal resulting in the need for a supermajority vote by Council. The request was to rezone the property from Multiple Family Dwelling District 1 to Neighborhood Residential 3. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Dixie Stevenson, 1920 West Oak, Denton, 76201- favor David Holdeman, 1820 West Oak, Denton, 76201 - favor Sara Harvey, 312 Marietta, Denton, 76201 - favor Steven Friedson, 2205 West Oak, Denton, 76201 - favor Ned Webster, representing the West Oak Neighborhood Association - favor Joe Potthoff, 1201 W. Abram, Arlington, 76013 - favor Patrick Lenaburg, 302 Marietta, Denton, 76201 -favor Tom Collins, 2322 Houston Place, Denton, 76201 - favor Dorothy Damico, 1801 Panhandle, Denton, 76201 - favor David Bynum, 215 Marietta, Denton, 76201 - opposed The following individuals submitted Speaker Cards regarding the proposal: Bernadette and Steven Johansson, 1926 N. Bell, Denton, 76209 - favor City of Denton City Council Minutes January 21, 2003 Page 8 Margarete Neale, 1721 W. Oak, Denton, 76201 - favor Carol and Ed Soph, 1620 Victoria, Denton, 76209 - favor Thomas and Peggy LaPont, 1900 Highland Park Circle, Denton, 76205 - favor Ellen Ralph, 1717 West Oak, Denton, 76201 - favor Pete and Elizabeth Gunter, 225 Jagoe, Denton, 76201 - favor Dora and Crawford Sloan, 2207 Houston Place, Denton, 76201 - favor Jennifer Collins, 312 Marietta, Denton, 76201 - favor Edra Bogle, 201 Peach, Denton, 76209 -favor Mike Cochran, 610 W. Oak, Denton, 76201 - favor Darlene Stewart, 2003 W. Oak, Denton, 76201 - favor Marsha Stevenson, 1920 West Oak, Denton, 76201 - favor JoAnn Nunnelly, 2215 Houston Place, Denton, 76201 - favor Patrice Lyke, 1109 Egan, Denton, 76201 - favor Caroline Polliard, 1800 West Oak, Denton, 76201 - favor Margaret Schulze, 2119 Scripture, Denton, 7620- favor Jacqueline Gibbons, 2015 Houston Place, Denton, 76201 - favor Anita Brigman, 2232 Houston Place, Denton, 76201 - favor Kevin Kennelly, 2105 Houston Place, Denton, 76201 -favor Rocky Naragm, 1100 Thomas, Denton, 76201 - favor Steven Ambuchl, 2003 N. Bell, Denton, 76209 - favor Eugene Hargrove, 2025 Houston Place, Denton, 76201 - favor Helen Ikerd, 1722 W. Oak, Denton, 76201 - favor Joyce Palmer, 1905 West Oak, Denton, 76201 -favor John Enlow, 1801 West Oak, Denton, 76201 - favor Peggy Capps, 915 West Oak, Denton, 76201 - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-025 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM MULTIPLE FAMILY DWELLING DISTRICT 1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.79 ACRE OF LAND COMMONLY KNOWN AS 1822, 1828, AND 1902 WEST OAK STREET GENERALLY LOCATED ON THE NORTH SIDE OF WEST OAK STREET, APPROXIMATELY 195 FEET WEST OF THE INTERSECTION OF MARIETTA AND WEST OAK STREET LOCATED IN THE E. PUBCHALSKI SURVEY, ABSTRACT 996; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0053) Burroughs motioned, Mayor seconded to adopt the ordinance to rezone the property. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes January 21, 2003 Page 9 B. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 18.5 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU 12) zoning district. The property was generally, located east of Audra, south of Paisley and was commonly referred to as 700 and 702 Audra Lane. Multi-family use was proposed. The Planning and Zoning Commission recommended denial (7-0). (Z02-0047, Saddle Creek Apartments) Mayor Brock indicated that the petitioner had withdrawn the proposal from consideration. C. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 0.4 acres from a Downtown Residential 2 (DR-2) to a Downtown Commercial Neighborhood (DC-N) zoning district. The site was generally located at 309 Fry Street north of Oak Street. Mixed-use multi-family and a restaurant were proposed. The Planning and Zoning Commission recommended approval (4-3). (Z02-0058, 309 Fry StreeO Larry Reichhart, Assistant Director for Planning and Development, stated that the petitioner had requested a continuance to allow more discussion with the neighbors on what was being proposed. The Mayor opened the public hearing. No one spoke during the public hearing. Burroughs motioned, Fulton seconded to grant the continuance and continue the public hearing at the February 4th Council meeting. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Fulton asked about the feasibility of setting up a committee of citizens and staff to review utility services. 2. Council Member Redmon requested a revisit of the City's minority hiring practices. 3. Council Member Phillips requested an update on the "City of Champions" proposal. B. Items from the City Manager City Manager Conduff did not have any items for Council. C. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Demon City Council Minutes January 21, 2003 Page 10 D. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:07 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS