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Minutes January 17, 2006 CITY OF DENTON CITY COUNCIL MINUTES January 17, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 17, 2006 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction on amending the Development Review Fee schedule. Kelly Carpenter, Director of Planning and Development, presented information regarding a series of amendments to the fee schedule for development review. The changes included: A flat notification fee when applicants applied ? currently the fee for legal ads, postage and posting of signs was paid after the fact. At times, those fees did not get paid. The average cost of these fees was $220, which will be the recommended flat fee. Completeness review - a $50 fee would be charged for each new submittal. This fee would be charged only if the application were incomplete. A complete application would not be charged. Engineering plat review for one and two lot residential subdivision would be charged $500 as opposed to full rate. With planning submittals, the cost of reviewing a resubmittal was included in the initial fee. For second and subsequent resubmittals there would be an additional fee of $500 per submittal. Development plat, replat, vacating plat, minor plat, conveyance plat and amending plats would be charged $250 for initial and one resubmittal engineering and planning review. For the second resubmittal, there would be an additional fee of $250 per resubmittal. All fees must be paid by close of business on the Thursday preceding the Planning and Zoning Commission meeting at which the item would be considered; by 10:00 a.m. on the Wednesday preceding the City Council meeting at which the item will be considered or by the close of business on the Monday one week before the Zoning Board of Adjustment meeting at which the item would be considered. The exception would be the fee for engineering inspection, which would be paid in full prior to the recordation of the plat. Council discussion included: Items not paid would be pulled prior to Planning and Zoning or Council. These suggestions were coordinated with the development community. What happened to the fees ? Carpenter indicated that the fees went into the general fund. Track what the Planning Department collected from these fees in order to evaluate the relevance of the fees. Consensus of the Council was to proceed as proposed. City of Denton City Council Minutes January 17, 2006 Page 2 2. The Council received a briefing, held a discussion and gave staff direction regarding Subchapter 13, Site Design Standards of the Development Code related to tree preservation requirements associated with gas well development, gas pipeline installation, and fiber optic line installation. Kelly Carpenter, Director of Planning and Development, stated that this was a response to an equity issue. The Council Committee on the Environment was concerned with the fairness of allowing the gas line developers to not have to pursue any tree mitigation leaving the surface rights owners to be responsible for all the tree mitigation at a later time. The amendment would require 25% mitigation using exclusively the tree fund for every tree removed from the pad site, transmission and/or fiber optic line easement. The Tree Committee, Council Committee on the Environment, and the Planning and Zoning Commission recommended this proposal. Council discussion ? Why were public utilities not included in the ordinance - Carpenter replied that the intention was to not apply the regulations to cross county transmission lines. The current ordinance exempted public utilities so this amendment would not address public utilities. Consider applying the amendments to cross country transmission lines-work on definitions of transmission lines that would not interfere with daily business. Consensus of the Council was to further examine the definitions of transmission lines and the difference between infrastructure lines and master plan. Also revise the definition of public utility. 3. The Council received a report, held a discussion and gave staff direction regarding updating the International Building Codes, International Fire Code, National Electric Code, and Energy Conservation Code. Ross Chadwick, Fire Chief, stated every three years updated codes were adopted. The International Codes were being considered as opposed to the Uniform Building Codes as these were introduced to provide a model code with national consistency. Local amendments were required to meet the needs of local jurisdictions. Council discussion included: Had there been participation from the development community, architects, engineers, etc. regarding these codes - Chadwick replied that staff had met with members of the building community in January and November of 2005. There was no negative response to the proposed documents. The effort to be energy conscious was appreciated. Inspection fees for tents - Rick Jones, Fire Marshal, replied that the Code considered square footage and distinguished between tents and canopies. Most of these structures were canopies and did not fall in the category for the fee. City of Denton City Council Minutes January 17, 2006 Page 3 Why were kiosks in the mall inspected ? Jones replied that they were inspected for electrical connections at the sites. A permit with accompanying fee was issued for those inspections. Track these fees to determine if they meet the needs for inspections. Consensus of the Council was to proceed with adoption of the codes as presented. 4. The Council received a briefing, held a discussion, and gave staff direction regarding Code Enforcement issues. Lancine Bentley, Park Program Area Manager, presented an update on code enforcement issues. In October staff presented recommended regulations in ordinance format regarding yard parking, on-street parking of RVs, boats and campers, limiting used car sales on non-business private properties and fence maintenance. The fence ordinance specified that fences must be maintained in good repair and allowed for removal of fences except in circumstances in which the fence was required pursuant to other regulations. Bentley reviewed the matrix of code enforcement issues. Completed categories included grass and weed, trash and debris, junk vehicles, and graffiti. Completed categories in the area of Administrative Resources included streamlining of the process and improved efficiency in abating violations, the adoption of a Code Ranger Program, the creation of a Livability Court and provided a probation option for first-time offences. Areas pending Council direction included an increase in administrative fees for placement of property liens, limitation of garage sale signage, requirement for garage sale permit, the creation of mowing/litter/right-of-way crews; placement of trash/recycling containers during non- collection days, and rental inspection program for substandard structures. Council discussion included: A concern of neighborhood groups was enforcement and in particular, enforcement issues on the owner of the property as opposed to renters. There was a need to have a good educational process for Code Rangers and good training. Focus on one area until have compliance such as junked vehicles. Locate the occupant of a premise in order to help get compliance. Shorten the time between a citation and appearance in court - a code enforcement docket had been created for that purpose. Municipal Court will still dismiss a citation for compliance but will prosecute for non- compliance. Cost recovery/cases in compliance ? There was no cost recovery for dismissed cases ? look at compensation for inspector and court time. There will be a change in the process of citations ? new forms were being made so that the citation was clearer. There was a difference between parking a car for sale in front of an owner?s home and parking a car for sale in a right-of-way. City of Denton City Council Minutes January 17, 2006 Page 4 A residential homeowner could have a vehicle for sale in front of his home-change wording to allow for one car in front of home. Maintaining parking surface ? delete that section. Consensus of Council was to look again at the language of the proposed ordinance so that it was not too broad. The section on maintaining the parking surface should be deleted. Wording should be added to allow a residential homeowner to have one vehicle for sale parked in front of his home. The amendments should be brought back for Council consideration. 5. The Council received a report, held a discussion and gave staff direction on possible amendments to requirements for parking in front of buildings and to criteria for Alternative Development Plans (ADP?s). Kelly Carpenter, Director of Planning and Development, stated that Council had asked staff to have quarterly forums with possible amendments to the Denton Development Code. One major issue was parking in front of buildings. Currently almost all zoning uses were required to have parking in the back of the building. The proposal was to exempt the following areas from the requirement to park behind buildings: the proposal meets the definition of infill; all land within 100 feet of the University Drive corridor; all land within 100 feet on either side of I35W, I35E and Loop 288; the RCR-1, RCR-2, RCC-N and RCC-D zoned properties north and south of I35E in the area surrounding the Golden Triangle Mall; all land within 100 feet of the US Highway 77 between Locust Street and I35. Council discussion ? The Alternative Development Plan process followed a different procedure than a zoning amendment procedure. It was suggested to take the ADP out of that section of the Code. There needed to be design features for a walkable community and parking on the street did not always do that. Alternate procedures provide a relief valve for development. Carpenter continued with guidance measures for ADP?s. Acceptable mitigation measures might include landscaping that was above the minimum required; berms, rock features and decorative walls, monuments or trellises; additional trees; canopy above the minimum parking tree canopy; or pedestrian connectivity provided to the Rails to Trails. Council discussion ? There were areas of criteria that had to be addressed in the ADP ? a developer then could address the ADP in whatever fashion needed such as a landscape enhancement and developer decide the type of landscape enhancement he wanted to use. Identify for Council certain criteria for parking in front of buildings that would not be optional. Place these criteria in a manual, rather than in the Code. There needed to be a discussion on how to implement some of the criteria for certain areas of the city, including infill developments. City of Denton City Council Minutes January 17, 2006 Page 5 6. There were no requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of January 17, 2006. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 6:02 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Council considered the following in Closed Meeting: A. Consultation with Attorney ? Under Texas Government Code Section 551.071 1. Consultation with the City?s attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City?s northern ETJ, under annexation case no. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters 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 or would jeopardize the City?s legal position in any administrative proceedings or potential litigation. The Council convened back into open session at 6:24 p.m. Regular Meeting of the City of Denton City Council on Tuesday, January 17, 2006 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 a proclamation for Denton Family Unity Week. B. January Yard-of-the-Month Awards Mayor Brock presented Yard-of-the-Month awards to: Bob and Dede Benton Darrell Reid City of Denton City Council Minutes January 17, 2006 Page 6 3. CONSENT AGENDA Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. A. 2006-014 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with GILA Corporation, D.B.A. Municipal Services Bureau, for professional services relating to the collection of municipal court fines in accordance with the Code of Criminal Procedure; providing for retroactive effect; and providing an effective date. B. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1.Flowers Baking Company DCAD Supplement 2005$8,363.21 (tax abatement added) 2. Dan McBride Overpayment 2004 $ 834.75 C. 2006-015 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a contract for professional legal services with Terry Morgan & Associates, P.C., for professional legal services relating to issues and anticipated and pending litigation surrounding the annexation in the northern part of the city of Denton; authorizing the expenditure of funds not exceeding fifty thousand dollars ($50,000) therefor; and providing an effective date. D. 2006-016 - An ordinance accepting competitive bids and awarding a two-year contract for the purchase of decorative Streetlight fixtures for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3433 ? Two-Year Contract for Decorative Streetlight Fixtures awarded to the lowest responsible bidder for each item, Hadco Lighting in the annual estimated amount of $89,250). The Public Utilities Board recommended approval (5-0). E. 2006-017 - An ordinance awarding a contract for the purchase of CrewManager Software for Denton Municipal Electric as awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefor; and providing an effective date (File 3436 ? Purchase of CrewManager Software awarded to Unique Business Systems in the amount of $95,000). The Public Utilities Board recommended approval (6-0). F. 2006-018 - An ordinance accepting competitive bids and awarding a contract for purchase of Ready Mix Concrete and Portland Cement for various City Departments; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3438 ? Ready Mix Concrete and Portland Cement awarded City of Denton City Council Minutes January 17, 2006 Page 7 to lowest responsible bidder for each section in the estimated amount of $1,000,000). G. 2006-019 - An ordinance of the City of Denton, Texas, amending Ordinance No. 2005-014 prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of Fire Fighter; providing a savings clause; providing a severability clause; and declaring an effective date. H. 2006-020 - An ordinance approving an assignment of a leasehold interest in a commercial operator airport lease at Denton Municipal Airport from Triangle Aviation Inc., to Charles N. Davis, III, located at 4560 John Carrell Road at the Denton Municipal Airport and authorizing the City Manager to execute an amendment extending the term of the lease; and providing an effective date. The Airport Advisory Board recommended approval (7-0). I. 2006-021 - An ordinance approving an assignment of a leasehold interest in a pad site at Denton Municipal Airport from US Flight Academy to US Aviation Group, LLC located at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommended approval (7-0). J. R2006-001 - A resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - local implementation project; delegating and authorizing Shirlene Sitton, Recycling Manager of the City to act on behalf of the City in those matters related to the application for grant; authorizing Howard Martin, Interim City Manager, or his designate, to act on behalf of the City in all other matters that are related to the project application, pledging that if funding for this project is received the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; providing for an effective date. The Public Utilities Board recommended approval (6-0). K. 2006-022 - An ordinance approving an agreement between the City of Denton and Rayzor Investments, Ltd. for the abandonment of a certain Public Utility Easement Recorded in Volume 504, Page 456 of the Real Property Records of Denton County, Texas and being in the Asa Hickman Survey, Abstract No. 521. The Public Utilities Board recommended approval (5-0). L. 2006-023 - 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. 06-A; providing for services before the Public Utilities Commission of Texas, including, without limitation, compliance issues, protection of Denton Municipal Electric?s interests and the interests of its ratepayers, implementation of the Nodal market design, issues related to monitoring the new market, market power issues, resource adequacy in the Nodal market, and other issues affecting DME?s conduct of its business; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). City of Denton City Council Minutes January 17, 2006 Page 8 M. 2006-024 - 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. 06-B; providing for monitoring activities before the Electric Reliability Council of Texas, related to transition to a Nodal Market Design in the Texas electric market; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0) N. 2006-025 - An ordinance approving necessary amendments to Article V of Chapter 26 and the adoption of Article IX entitled "On-Site Sewage Facilities (OSSFs)" Division 1, Sections 26-260 through 26-270, in order to comply with the changes adopted by Texas Commission on Environmental Quality (TCEQ). O. R2006-002 - A resolution of the City Council of the City of Denton, Texas, authorizing the Mayor, as representative of the City, to issue a letter designating the Geriatric Services Workgroup, as "Local Council" for the purposes of geriatric services planning; and providing an effective date. P. R2006-003 - A resolution adopting an amendment to the Ethics Policy for Elected and Appointed Officials for the City of Denton, Texas; and providing an effective date. Q. 2006-026 - Approved a Surface Site Easement Agreement granting such easement to NGG Gathering Company, LLC, which easement is located in an approximate 245 acre tract of land owned by the City of Denton and located in the G. Walker Survey, Abstract No. 1330, consisting of a 4.378 acre, and a 0.344 acre parcel of land; and providing an effective date thereof. The Public Utilities Board recommended approval (5-0). R. 2006-027 - Approved an Underground Pipeline Easement Agreement granting such easement to NGG Gathering Company, LLC, which easement is located in an approximate 85 acre tract of land owned by the City of Denton and located in the G. Walker Survey, Abstract No. 1330, and also a part of the called 245.00 acre tract owned by the City of Denton located in the G. Walker Survey, Abstract No. 1330, consisting of an approximate 2.14 acre parcel of land, and 0.407 and 0.623 acre parcels out of the Municipal Utility Addition owned by the City of Denton situated in the Mary Austin Survey, Abstract Number 4, filed of record in Cabinet ?G?, Page ?346? Plat Records, Denton County, Texas; and providing an effective date thereof. The Public Utilities Board recommended approval (5-0). 4.PUBLIC HEARINGS A. The Council held a public hearing regarding amendments to Subchapter 13, Site Design Standards of the Denton Development Code, related to tree preservation requirements associated with gas well development, gas pipeline installation, and fiber optic line installation. Mayor Brock stated that no action would be taken on this item. The public hearing would be postponed to a later date. City of Denton City Council Minutes January 17, 2006 Page 9 B. The Council held a public hearing and considered adoption of an ordinance amending the Development Review Fee schedule. Kelly Carpenter, Director of Planning and Development, stated that the ordinance contained minor housekeeping changes to the Development Review Fee schedule as noted during the Work Session. 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. 2006-028 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 2005-237, BY ADOPTING A NEW PLANNING AND DEVELOPMENT REVIEW FEE SCHEDULE, AS AUTHORIZED BY THE DENTON DEVELOPMENT CODE; PROVIDING FOR A REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Montgomery seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute on behalf of the City of Denton an amendment to the Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport; authorizing and directing the City Manager or his designee to expend funds as provided for in said agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. The Airport Advisory Board recommended approval (7-0). Mark Nelson, Chief Transportation Officer, stated that this was another 90-10 grant application through the Texas Department of Transportation. This was an amendment to a current project. Engineering costs indicated that the project would be more expensive than originally thought. The Airport Advisory Board recommended approval. Gas well revenues would be used to assist with the over runs on the project. Council requested a refresher memo on the use of gas well revenues. The following ordinance was considered: City of Denton City Council Minutes January 17, 2006 Page 10 NO. 2006-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AMENDMENT TO THE AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO CERTAIN IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID AGREEMENT AND TO EXECUTE DOCUMENTS ON BEHALF OF THE CITY OF DENTON IN ORDER TO IMPLEMENT THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. B. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth discussed three issues. (1) The City After School program charged him for the day the children went to Eureka Park after it was known that there were dangerous chemicals at the park and he did not want his children to go. (2) The tape showing the Council?s rules of order for citizen reports was offensive to citizens who wanted to speak to the council. (3) There were no black firefighters in the City of Denton. B. Gerald DeMarsh regarding the Police Department. Mr. DeMarsh was not present at the meeting. C. Bob Clifton regarding city business. Mr. Clifton indicated concern about the Council?s response to the new requirements for financial disclosure as stated in comments in a recent Denton Record-Chronicle article. He offered to chair a committee for the naming of a street for Martin Luther King, Jr. He felt it should be done. C. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Kamp asked for a discussion on the City becoming a WIFI city. City of Denton City Council Minutes January 17, 2006 Page 11 D. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Interim City Manager Martin did not have any items for Council. E. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. 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 7:07 p.m. ________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS ________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS