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.
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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:
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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).
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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:
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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