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Minutes November 18, 2003CITY OF DENTON CITY COUNCIL MINUTES November 18, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 18, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None 1. The Council received a report, held a discussion and provided direction to the Solid Waste Department on the Solid Waste Collection and Transportation Services Permit Rate (SWP). Vance Kemler, Director of Solid Waste, reviewed the current regulations for waste haulers. He indicated that the Solid Waste Department wanted to establish new rates that would compensate the City for the use of the streets, and program oversight and management by those companies permitted or registered to provide service for special wastes and recyclable materials. Collection and transportation service providers had to obtain permits to collect and transport special wastes and recyclable materials within the city. He reviewed the current contractors, the additional revenue projections with the proposed ordinance and a funding method/fee survey done with 28 area cities. Council discussion included the difference in application fees among the various types of applications; inconsistencies in the permit fees and a concern about the possibility of double permit fees being charged. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of November 18, 2003. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below. 1. The following was considered in Closed Meeting: Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072, Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071, and Deliberations regarding economic development negotiations -Under TEXAS GOVERNMENT CODE Section 551.087. Deliberated the value of real property interests for a partial right-of way abandonment on Cedar Street, in the W.M. Neil Survey, Abstract Number 971 and being a tract of land approximately 1,234 square feet in size, located at the southeast corner of Cedar Street at the intersection of Cedar Street and Walnut Street Denton, Texas (the "Property"); which abandonment is for a public purpose. Received legal advice from the City Attorney or his staff concerning legal issues regarding the abandonment of such real property interests. Deliberate commercial or financial information received from a business prospect and offers of financial or other incentives to the business prospect for the purposes of economic development of facilities of the business prospect on or near the Property. City of Denton City Council Minutes November 18, 2003 Page 2 B. Consultation with Attorney - Under Tex. Gov't Code {}551.071. Discussed and considered legal issues concerning Charter Communications dba Marcus Cable Associates, L.L.C. CCharter") as follows: · Charter Franchise Fee Audit, and · Non-payment of Cable Modem Franchise Fees, where to discuss these legal issues concerning the above state matters with attorneys in public 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 and would jeopardize the City's position in administrative proceedings or in potential litigation. Regular Meeting of the City of Denton City Council on Tuesday, November 18, 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 proclamations for Santa's Helpers Week, Frenchy, City of Denton Parks and Recreation Gold Medal Award Winner Week. B. November Yard of the Month Awards Mayor Brock presented Yard of the Month awards to: Joe Ann Andrews Kerri and Junior Burnside Brenda Floyd Scott Willis Don and Wanda Smith Carmen and David Bailey Water Smart Yard-Bob and Dianne Edmondson Business-Apple Orthodontix C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: City of Denton City Council Minutes November 18, 2003 Page 3 1. Bob Clifton regarding malfeasance, misfeasance and nonfeasance. Mr. Clifton presented a comparison of the City of Denton salaries. He also commented on the city's noise ordinance and the inconsistencies he felt were in the ordinance. 2. Dessie Goodson regarding city ordinances. Ms. Goodson commented on the contracts the LINK system had with the two universities and the route system. She questioned the duties of the Code Enforcement Office. 4. CONSENT AGENDA Burroughs motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2003-368 - 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 Task Order No. 03-I, regarding regulatory services at the Electric Reliability Council of Texas and at the Public Utility Commission of Texas, relating to the City's position on issues and the interests of Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. 2003-369 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for Wide Area Network Charges for Denton Municipal Electric; providing for the expenditure of funds and providing an effective date (File 3108 to Electric Reliability Council of Texas (ERCOT) in the total estimated amount $54,000). 2003-370 - An ordinance authorizing the execution of Change Order Number One to a contract of lease purchase financing of PC's, monitors, and peripheral equipment between the City of Denton and Dell Government Leasing and Finance; providing for an increase in the quantity of items, increase in the annual lease payment amount; and providing for the expenditure of funds therefore; and providing an effective date (File 3110 to Dell Government Leasing and Finance awarded in the amount of $1,056,923.70 and change order one in the amount of $331,241.64 for a total of $1,388,165.34). 2003-371 - An ordinance accepting competitive bids and awarding a contract for the purchase of bunker gear for the City of Denton Fire Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3087- Bunker Gear/Turnout Gear awarded to NAFECO Fire Equipment Company in the estimated amount of $50,000). City of Denton City Council Minutes November 18, 2003 Page 4 2003-372 - An ordinance authorizing the Mayor to enter into an Interlocal Cooperation Agreement with Denton County for Library Services; and providing an effective date. R2003-040 - A resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. 2003-373 - An ordinance amending Ordinance No. 2001-204 and Section 2-29 of the City Code relating to the Rules of Procedure to clarify Section 6.3(2-29(f)(3) "Presentations by Members of the Council"; correcting a reference in Ordinance 2003-235; providing a savings clause; and providing an effective date. 2003-374 - An ordinance of the City of Denton, Texas, authorizing the competitive bid process for an oil and gas non-drill site/pooling agreement for the Southern portion of the Airport Open Space; and providing an effective date. R2003-041 - A resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; and making certain findings in connection therewith. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 186.5 acres. The applicant was requesting to rezone from Neighborhood Residential 4 (NR-4) and Neighborhood Residential 2 (NR-2) to Neighborhood Residential 3 (NR-3), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), and Neighborhood Residential Mixed Use (NRMU). The property was generally located north of Pockrus Paige Road, west of Swisher Road, and south of Edwards Road. The applicant was proposing a mixed-use development that would include single-family housing, general retail, town homes, multi-family and park uses. The Planning and Zoning Commission recommended approval (6-0). (Z03-0024, Village of Lake Forest) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. No letters of opposition or support had been received. Annexation of the area would begin in late 2003-early 2004. The Mayor opened the public hearing. The following individual spoke during the public hearing: Bill Dahlstrom, 901 Main Street, Dallas, 75202- favor The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes November 18, 2003 Page 5 NO. 2003-375 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FOR APPROXIMATELY 106.06 ACRES OF LAND LOCATED AT THE NORTH OF POCKRUS PAIGE ROAD, WEST OF SWISHER ROAD AND SOUTH OF EDWARDS ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS IN THE GIDEON SURVEY ABSTRACT NO. 1330, FROM NEIGHBORHOOD RESIDENTIAL-2 (NR-2) AND NEIGHBORHOOD RESIDENTIAL-4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATIONS TO NEIGHBORHOOD RESIDENTIAL-3 (NR-3), NEIGHBORHOOD RESIDENTIAL-6 (NR-6), NEIGHBORHOOD RESIDENTIAL- MIXED USE-12 (NRMU-12), AND NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0024) McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance regarding an amendment to Subchapter 5 of the Denton Development Code pertaining to the limitations of Accessory Dwelling Units. The Planning and Zoning Commission recommended approval (6-0). (SI03-0017, Accessory Dwelling Units) Kelly Carpenter, Director of Planning and Development, presented the details of the amendment to the Code regarding accessory dwelling units. The change would allow for larger accessory dwelling units on large sized parcels. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-376 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 OF THE DENTON DEVELOPMENT CODE PERTAINING TO LIMITATIONS OF ACCESSORY DWELLING UNITS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM F1NE OF $2000.00 PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (S 103-0017) City of Denton City Council Minutes November 18, 2003 Page 6 Burroughs motioned, Thomas seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance regarding an amendment to Subchapter 12 of the Denton Development Code pertaining to the applicability of Industrial Performance Standards. The Planning and Zoning Commission recommended approval (6-0). (SI03-0018, Industrial Performance Standards) Kelly Carpenter, Director of Planning and Development, stated that there was an error in the language of the Code relative to Industrial Performance Standards. The proposed ordinance would correct the language to allow for industrial performance standards in an industrial area. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-377 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 12 OF THE DENTON DEVELOPMENT CODE PERTAINING TO APPLICABILITY OF iNDUSTRIAL PERFORMANCE STANDARDS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FiNE OF $2000.00 PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (S103-0018) Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 5 acres from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The property, commonly known as 305 and 321 Mockingbird Lane, was generally located at the intersection of Mockingbird and Oriole Lane along the west side of Mockingbird Lane. Detach single-family units were proposed. The Planning and Zoning Commission recommended denial (5-1). (Z03- 0022, Oriole Court) City Manager Conduff stated that it would be acceptable to hold public hearings for Items D and E at the same time. The proposals would be voted on separately but the public hearings could be held together. Kelly Carpenter, Director of Planning and Development, presented the details of the proposals. Staff had recommended favor of the proposals, however, the Planning and Zoning Commission City of Denton City Council Minutes November 18, 2003 Page 7 recommended denial. The petitioner was the Denton Affordable Housing Corporation. An additional neighborhood meeting was held since the Planning and Zoning Commission meeting and the Housing Corporation had proposed some changes to the proposal with a reduction in the number of lots for both sites. City Attorney Prouty stated that as the proposals were recommended for denial from the Planning and Zoning Commission, a supermajority vote by the Council would be required. The Mayor opened the public hearing. The following individuals spoke during the public hearings: Alan Bussell, representing the petitioner - favor Jane Provo, Denton Affordable Housing Corporation - favor Guadalupe Salsedo, 1109 Manhattan, Denton, 76209 - favor Linnie McAdams, Denton Affordable Housing Corporation-favor Tommy Brewer, 1701 Thorndale Court, Corinth, 76210 - favor Wendy Boyals, 2704 Norfolk Court, Denton 76210 - favor Jack McKinney, 3140 North Trinity Road, Denton, 76208 - favor Kae Fisher, 2601 Oak Shores Drive, Cross Roads, 76227 - favor Martha Hall, 701 Pace Drive, Denton 76209 - favor Joe Lanham, 4090 Sauls, Denton, 76209 - favor Mark Moore, 3029 Brandywine, Denton, 76209 - favor Martin Jekyll, 2111 Emerson, Denton, 76209 - favor James Fagan, 3304 Woodthrush Lane, Denton, 76209 - opposed Jean Pekara, 3403 Kingfisher Lane, Denton, 76209 - opposed Jeff Hyde, 3406 Kingfisher Court, Denton, 76209 - opposed Dierdre Wendel, 3300 Woodthrush Lane, Denton, 76209 - opposed Carlton Wendel, 3300 Woodthrush Lane, Denton, 76209 - opposed Wendy Mayfield, 3321 Kingfisher Lane, Denton, 76209 - opposed Jan Grawo, 3323 Kingfisher Lane, Denton, - opposed Joyce Byers, 3304 Kingfisher Lane, Denton - opposed Mayor Brock indicated that the following Comment Cards had been received: Elizabeth Fagan, 3304 Woodthrush, Denton, 76209 - opposed Jeannine Wendel, 3300 Woodthrush, Denton, 76209 - opposed Andy Joe and Neva Thomas, 3318 Meadowlark, Denton, 76209 - opposed The Mayor closed the public hearing. City Attorney Prouty stated that the only way the Council could vote on a change would be if the change were less intensive than what was proposed. As there had been new information provided, he would recommend that the Council not vote on the two proposals before the Planning and Zoning Commission reconsidered the items. Council discussed the pros and cons of the proposals with the following points of consideration: City of Denton City Council Minutes November 18, 2003 Page 8 Staff had recommended approval of the proposals but the Planning and Zoning Commission had recommended denial with little or no discussion. The surrounding neighborhood was developed under the previous code. The proposal was really between two zoning categories, NR-4 and NR-6 with an NR-5 category not an option. It would be difficult to bind the applicant to a lower density. Due to new information presented after the Planning and Zoning Commission meeting, new questions had come up and the Commission really needed to look at proposals again. New information had come forth both from the petitioner and the neighborhood as there was not as much opposition during the Planning and Zoning Commission meeting. There was a need to look at an NR-5 zoning category for the future. It would be difficult to vote for the proposal at this time based on the recommendation by the Planning and Zoning Commission and the opposition by the neighborhood. Consideration of the time limits for the applicant to return to Council with the changed proposal. Burroughs motioned, McNeill seconded to deny the application with a suggestion that Denton Affordable Housing bring back the application with the modifications and encourage staff look at an NR-5 zoning classification. Ms. McAdams requested that the Council remand the proposals back to the Planning and Zoning Commission based on the new information and changed proposal rather than deny the proposals due to the time factor involved in starting the entire process again after denial. Burroughs offered a substitute motion, seconded by McNeill to remand the proposal to the Planning and Zoning Commission so that it could receive the new information that had been presented to the Council at this meeting. Carpenter questioned that if the proposal was remanded to the Planning and Zoning Commission with an application for NR-6 zoning, what was the Council asking the Commission to reconsider as there was no NR-5 zoning classification. The property owner would not be bound by a site plan that would reflect any proposed changes. It was unclear what the Council would be asking the Commission to reconsider. Council responded that there was a recommendation to downzone the proposal but what would be the process to enforce that downzoning. Restrictive covenants to deeds had been suggested but at this point it was unclear if that would be sufficient. Denton Affordable Housing would have to present that to the Commission as an option to consider. On roll vote to remand the proposal back to the Planning and Zoning Commission, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council requested that a transcript of this discussion be sent to the Planning and Zoning Commission. E. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 5.4 acres from a Neighborhood Residential 4 (NR-4) City of Denton City Council Minutes November 18, 2003 Page 9 zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The property, commonly known as 406, 408, 410, and 414 Mockingbird Lane, was generally located at the intersection of Mockingbird Lane and Weston Drive along the east side of Mockingbird Lane. Detached and attached single-family units were proposed. The Planning and Zoning Commission recommended denial (5-1). (Z03-0023, Nevada Court) The public hearing for this item was held in conjunction with Item D. Burroughs motioned, McNeill seconded to remand the proposal back to the Planning and Zoning Commission. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing a settlement agreement with Marcus Cable Associates, L. L. C. D/B/A Charter Communications; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documents necessary to effect such agreement; and to make such other actions deemed necessary to finalize the agreement; and declaring an effective date. The following ordinance was considered: NO. 2003-378 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING A SETTLEMENT AGREEMENT WITH MARCUS CABLE ASSOCIATES, L. L. C. D/B/A CHARTER COMMUNICATIONS; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH AGREEMENT; AND TO MAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE Burroughs motioned, Kamp seconded to authorize staff as stated in Item 6A and as presented in Closed Session. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Montgomery requested information on the residential cart service for solid waste. 2. Mayor Pro Tem Burroughs requested that the review of the Development Code include a discussion on alternative development plans and an NR-5 zoning classification. 3. Mayor Pro Tem Burroughs suggested a luncheon discussion topic on changing the amount of speaker time allowed an applicant during a public hearing from 3 to 5 minutes. City of Denton City Council Minutes November 18, 2003 Page 10 4. Council Member Thomson requested a discussion on allowing the use of Mexican metriculas for paying bills for the City of Denton. 5. Council Member McNeill asked for a discussion on infill development. 6. Mayor Brock suggested that the discussion of alternative development plans include the possible need for a planned development or overlay zoning in certain cases. 7. Council Member Redmon stated that he would like to see individual development cases already in process be held accountable to the new tree regulations once they were approved and not be grandfathered under the old regulations. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. C. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. D. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 9:35 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS