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Minutes January 20, 2004CITY OF DENTON CITY COUNCIL MINUTES January 20, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 20, 2004 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: Mayor Brock 1. The Council received a report, held a discussion and gave staff direction regarding proposed amendments to the Development Code and Criteria Manual related to Tree preservation. (SI03-0012, Tree Preservation) Council Member Montgomery suggested that the tree preservation information be worked into the Denton Development Code rather than be a separate ordinance. Council Member Kamp suggested the formation of a council subcommittee consisting of three members to disseminate the information received regarding the issue, break that information out into categories and come back with a recommendation to the entire council. Mayor Pro Tem Burroughs stated that the establishment of an ad hoc committee would give direction to the subject matter and a recommendation to the council. The committee could, within a short time frame, hash through the policy issues of each subject matter and bring back a recommendation to council as soon as possible. Council Member Kamp suggested Council Members McNeill and Montgomery and Mayor Pro Tem Burroughs be the representatives on the committee. Council Member Thomson asked about the Planning and Zoning Commission subcommittee and staff as part of the committee. Mayor Pro Tem Burroughs felt that they would be welcome to attend the meetings but would not be part of the committee. Council Member McNeill asked the Planning and Zoning Tree Committee about the intent of the ordinance and the final outcome of the proposed ordinance. Commissioner Mulroy felt that the original intent and the final draft of the proposed ordinance were very different versions. Whatever version was finally approved had to sustain politically, financially and legally throughout the years. The Committee's intent advocated immediate relief for appeals. Originally the Committee felt that a developer would work with the Director of Planning for appeals and if no workable solution was agreed on, the appeal would go to the Planning and Zoning Commission. If the Commission could not agree, the appeal would be sent on to the City Council. However, the final version of the proposed ordinance made it mandatory that the appeal go to both the Planning and Zoning Commission and the Council. In his opinion, a three-member appeal board might work better to expedite and streamline the process. City of DeNon City Council Minutes January 20, 2004 Page 2 Council poims of discussion with the Planning and Zoning Commission subcommittee included: · Tree preservation versus conservation · Council needed to raise the bar in order to attract quality development such as other cities had · Develop an incentive driven ordinance rather than a punitive ordinance · Real case studies were needed with the proposal to see how the requirements would work · The challenge was to develop an ordinance that reflected community values as a whole and that would be sustained 2-5 years out. · A permitting process was needed when dealing with a single-family lot developmem · Agricultural exemptions and the harvesting of trees · A conflict between the proposed ordinance and the canopy section of the existing developmem code · Growth rate of different species of trees relative to preservation · Formation of a tree board for professional accoumability and appeals · The appeals process needed to be easy and not time consuming · Differences between the two versions of the draft proposal · Trade-off credits among developers could be considered · Develop a tree criteria manual for developers · The Council subcommittee would clarify the proposal, not rewrite the proposal Preliminary topics of discussion for the council subcommittee included: · Alternatives to par down the process time, expense of process · Distinguish between small developmem and larger developmem · Infill · Discuss incorporating age of trees into a proposal · Buy out of credits · Appeals process and criteria for approval · Examples of mitigations · Exemptions-city-owned property, DISD 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of January 20, 2004. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. The Council considered the following in Closed Meeting: Consultation with the City Attorney-Under TEXAS GOVERNMENT CODE Section 551.071. Received a presemation, discussed, and considered the two (2) City of Denton impact fee appeal claims of the Denton Independent School District filed on December 10, 2003 pertaining to the Teasley Lane High City of DeNon City Council Minutes January 20, 2004 Page 3 School Project and the C.H. Collins Athletic Complex Project; consider the legal position of the City regarding the appeals by conducting a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning these appeals and related issues, where to discuss such issues and matters 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. Receipt of legal advice from the City Attorney on matters in which his professional responsibility to the City Council requires private legal consultation pertaining to the termination of an airport lease dated April 1, 1999 between the City of DeNon and Wayne Allen Construction, Inc. for real property located at the Denton Municipal Airport. Regular Meeting of the City of Demon City Council on Tuesday, January 20, 2004 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 Pro Tem Burroughs presemed proclamations for: DeNon Family Unity Week Ryan Raider Day B. January Yard-of-the-Momh Awards Mayor Pro Tem Burroughs presented the awards to: Rob and Leslie Day Judy Marcotte North Branch Library-Water Smart Yard C. Recognition of staff accomplishmems City Manager Conduffpresemed staff accomplishmems to Council. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: City of DeNon City Council Minutes January 20, 2004 Page 4 1. Dr. Mitch Land regarding DWI traffic enforcement. Dr. Land read a letter he had sent to Chief Wiley and the Denton Police Department. commended the Police Department for its efforts to enforce DWI traffic violations. It 2. Kavita Vadgana regarding Denton Municipal Electric. Ms. Vadgana was not present at the meeting. 3. Nell Yeldell regarding utilities. Ms. Yeldell was not present at the meeting. 4. Dessie Goodson regarding agenda items and rules. Ms. Goodson stated that the Council rules indicated that there should be no applause in the Chambers regardless of the purpose. The applause for presentations was against the Council rules so she should not have to follow the rules. She questioned how the Denton County Transportation Authority could become involved with the City of DeNon. She also questioned a number of items that the Council approved during previous Council meetings. 4. CONSENT AGENDA McNeill motioned, Thomson seconded to approve the Consem Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs"ayd', Kamp"ayd', McNeill"ayd', Momgomery 'hyd', Redmon"ayd', and Thomson"ayd'. Motion carried unanimously. 2004-015 - An ordinance accepting competitive bids and awarding a three-year contract for the purchase of 69kV and 138 kV instrument transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3113-Three-Year Agreemem for Purchase of 69kV and 138 kV Instrument Transformers awarded to Ritz Instrument Transformers, Inc. in the estimated amoum of $145,000). 2004-016 - An ordinance accepting competitive bids and awarding a public works contract for the construction of Hickory Creek Basin Sanitary Sewer Replacemems and Liners; providing for the expenditure of funds therefor; and providing an effective date (Bid 3107-Hickory Creek Basin Sanitary Sewer Replacements and Liners awarded to Circle C Construction in the amount of $1,995,275.50). 2004-017 - An ordinance accepting competitive bids and awarding a public works contract for the construction of Austin Street Sewer Improvements; providing for the expenditure of funds therefor; and providing an effective date (Bid 3116- Austin Street Sewer Improvements awarded to Friendship Construction, Inc. in the amount of $180,991). R2004-004 - A resolution of the City of DeNon, Texas authorizing the City Manager to execute a first amended lease agreement by and between the City of City of DeNon City Council Minutes January 20, 2004 Page 5 Demon, Texas and Demon County Archers, a Texas not-for-profit corporation; and providing for an effective date. mo 2004-018 An ordinance accepting competitive proposals and awarding a contract for the purchase of Group Term Life and Accidental Death and Dismembermem coverage for City employees; providing for the expenditure of funds therefor; and providing for an effective date (RFP 3121- Employee Term Life insurance awarded to iNG/Reliastar in the estimated amoum of $100,000). Fo 2004-019 - An ordinance accepting competitive bids and awarding a comract for the purchase of Street Milling Service for the maimenance and repair of City streets; providing for the expenditure of funds therefor; and providing an effective date (Bid 3126-Street Milling Service awarded to Dustrol, inc. in the estimated amoum of $210,000). Go 2004-020 - An ordinance authorizing the sale of property located within Block 6, Jasper Addition, City of DeNon, Texas, more commonly known as 634 E. Prairie Street, by the City of Denton, as trustee for the taxing entities pursuant to Texas property tax code; and providing for an effective date. Ho 2004-021 - An ordinance of the City of DeNon, Texas appoiming Robin A. Ramsay as Presiding Judge for the City of DeNon Municipal Court of Record; appointing Kimberly Cawley McCary as Assistant Judge for the city of Denton Municipal Court of Record; appoiming Earlean Cobbin Murphy as Assistam Judge for the City of DeNon Municipal Court of Record; appoiming Gregory L. Bertrand as Assistant Judge for the City of Denton Municipal Court of Record; appointing Juditha Lee Bertrand as Assistant Judge for the City of Denton Municipal Court of Record; appointing Ann Stephens Poston as Assistant Judge for the City of DeNon Municipal Court of Record; establishing terms of office for municipal judges in accordance with applicable state statutes; authorizing the Mayor to execute a contract for term of office; ratifying terms of contract; providing a severability clause; and providing retroactive effect and declaring an effective date. Approved a partial exaction variance of Section 35.20.2(L.2.) of the Code of Ordinances concerning perimeter paving and 35.20.3 (B.) concerning perimeter sidewalk requirements. The approximately 2-acre parcel was located on the west side of Westgate Drive north of Windsor Drive. The property was located in a Neighborhood Residemial 2 (NR-2) zoning district. A single-family residence was proposed. The subject lot was being subdivided from a 75-acre parcel. No developmem was proposed at this time for the remaining property. The Planning & Zoning Commission recommended approval of the partial variance as presemed by staff (7-0). (V03-0033, ADP Addition) Jo 2004-022 - An ordinance concerning the Alternative Developmem Plan for approximately 0.45 acres located in a Community Mixed Use - General (CM-G) zoning district. The property was generally located south of McKinney Street on the east side of Woodrow Lane. An office building was proposed. The Planning City of DeNon City Council Minutes January 20, 2004 Page 6 and Zoning Commission recommended approval (7-0). (ADP03-O008, Buchanan Office) R2004-005 - A resolution of the City Council of the City of DeNon, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Central Texas Council of Governments ("NCTCOG") for a regional solid waste program local project; authorizing the City Manager to act on behalf of the City of Denton in all matters related to the application; and pledging that if a project is received, the City of DeNon will comply with the project requirements of the NCTCOG, the Texas Natural Resource Conservation Commission and the State of Texas (Recycling-Pilot Program-Elementary School in Denton, Texas-Research and Development of Educational Materials-S42,400); and providing an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas relating to the appeal of the Denton Independent School District regarding the Teasley Lane High School, brought pursuam to §26-226 of City of DeNon Ordinance No. 2003- 137, involving the imposition of impact fees; and providing for an effective date. Tim Fisher, Assistant Director of Water Utilities, stated that he would review the details of both 5A and 5B as they were related. The DISD had requested that the City consider each of the requests separately. He stated that the DISD was requesting an assessment of the impact fees at the 1998 rate as opposed to the current rate. He reviewed the time line involved in the requests and the filing date of the final plat. A second componem of the appeal related the availability or the amount of an offset, credit or rebate and the application of an offset or credit against an impact fee. Staff felt that the appeals criteria were not applicable to the request. PUB considered the request and also recommended denial of the appeals. The DISD had raised questions between the commonality of the taxpayer in the DISD and City and the ratepayer in the DISD and the City. The Utility Departmem viewed this issue as a ratepayer issue. The boundaries for the two entities were not the same and ratepayers would be different. Mayor Pro Tem Burroughs felt that the DISD should be given more time to speak on this issue, as they were the applicants in the case. Consensus of the Council was to allow for a 15-minute discussion by the DISD. Ray Braswell, Superintendent of Schools, felt that there might be a case that the DISD should not be charged impact fees at all. He felt the DISD might be paying the fees twice. The DISD was asking the City to consider the 1998 rate structure rather than the current rate as the higher rate was not included in the bond package financials. He presemed a summary of key dates for the two projects. These were complicated projects in transition for many months. He felt that the request to use the 1998 rates was a fair request due to the amount of time that the projects were under consideration. The DISD did not comrol the final approval but did presem both projects for consideration before the date of the new rate ordinance. The DISD had asked the city to look at offsets for consideration. Both projects had extended sewer lines and water lines and felt that eventually they would enhance future developmem in the area. Other ISDs were being grained exemptions from impact fees so that it must not be illegal to do so. The DISD was not a City of DeNon City Council Minutes January 20, 2004 Page 7 developer, church, or hospital. It was a sovereign emity similar to the city. The DISD was one of the city's larger revenue sources that assisted the ratepayers for the City. Invoking the impact fees merely shifted the burden from one ratepayer to another, taxed DISD residents outside the city limits and residems of new developmems twice. Council discussed the ISDs in the area with no impact fees, the argument that people outside the city limits would be paying for city improvemems, and the unbundling of the developmem costs. Mayor Pro Tem Burroughs stated that a Comment card had been received from Michael Bates in support of the DISD request. Council Member McNeill felt that Council had received additional information at this meeting and felt that further legal information might be required. He questioned if the council would reconvene in Closed Session to discuss this new information. McNeill motioned, Kamp seconded to postpone consideration of Items 5A and 5B to the February 3, 2004 meeting with a Closed Session prior to the meeting. On roll vote, Burroughs 'hyd', Kamp"ayd', McNeill'hyd', Momgomery"ayd', Redmon"ayd', and Thomson"ayd'. Motion carried unanimously. B. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas relating to the appeal of the Denton Independent School District regarding the C.H. Collins Athletic Complex, brought pursuam to §26-226 of City of DeNon Ordinance No. 2003-137, involving the imposition of impact fees; and providing for an effective date. This item was considered with Item 5A and was postponed umil the February 3, 2004 meeting. C. The Council considered adoption of an ordinance of the City of DeNon, Texas terminating that certain airport lease dated March 1, 1999, by and between the City of Denton, Texas and Wayne Allen Construction, Inc.; authorizing the City Attorney or his designee to take appropriate legal action, if necessary, to effectuate the termination; and providing an effective date. Ed Snyder, Deputy City Attorney, presented the details of the issue. The lease indicated that building improvements were to be done at the site but to date no improvements had been done. Staffwas requesting the Council pass the ordinance in order to terminate the lease. The following ordinance was considered: NO. 2004-023 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TERMINATING THAT CERTAIN AIRPORT LEASE DATED MARCH 1, 1999, BY AND BETWEEN THE CITY OF DENTON, TEXAS AND WAYNE ALLEN CONSTRUCTION, INC.; AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO TAKE APPROPRIATE LEGAL ACTION, IF NECESSARY, TO EFFECTUATE THE TERMINATION; AND PROVIDING AN EFFECTIVE DATE. City of DeNon City Council Minutes January 20, 2004 Page 8 Kamp motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs"ayd', Kamp "ayd', McNeill "ayd~ Momgomery "ayd', Redmon "ayd', and Thomson "ayd'. Motion carried unanimously. D. The Council considered approval of a resolution by the City of DeNon, Texas, authorizing the City Manager to sign and submit an amendment to the 2003 Action Plan for Housing and Community Developmem submitted in June 2003 to the U.S. Departmem of Housing and Urban Developmem with appropriate certifications, as authorized and required by the Housing and Community Developmem Act of 1974, as amended, and the Affordable Housing Act of 1990, as amended; and providing for an effective date. Barbara Ross, Community Development Administrator, stated that the ordinance would approve a change to the 2003 Action Plan. The Denton Affordable Housing project was taking longer to complete so the funds would be reallocated to the Affordable Housing Opportunity Program. The following resolution was considered: NO. R2004-006 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 2003 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 2003 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND THE AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. Thomson motioned, Knap seconded to approve the resolution. On roll vote, Burroughs "ayd', Kamp "ayd', McNeill "ayd~ Momgomery "ayd', Redmon "ayd', and Thomson "ayd'. Motion carried unanimously. E. New Business There were no items of New Business suggested by Council Members for future agendas. 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. G. There was no cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. City of Demon City Council Minutes January 20, 2004 Page 9 With no further business, the meeting was adjourned at 7:45 p.m. MARK BURROUGHS MAYOR PRO TEM CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS