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HomeMy WebLinkAboutJune 4, 2012 Agenda AGENDA CITY OF DENTON CITY COUNCIL June 4, 2012 After determining in Open Session that a quorum is present, the City Council of the City of Denton, Texas will convene in a Closed Session on Monday, June 4, 2012 at 11:30 a.m. in the Council Work Session Room, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Closed Session A. Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of certain real property interests, and duties related to same, located in the Francis Batson Survey, Abstract No. 43, also known as Lot 1, Rayzor Ranch North, an addition to the City of Denton, Texas, according to the plat recorded in Cabinet Y, Page 740, Plat Records, Denton County, Texas, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton 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 proceeding or potential litigation 2. Consult with City’s attorneys regarding legal strategies and options for enforcement of unmet development obligations associated with the Villages of Carmel subdivision (part of PD-132), generally located on either side of Pockrus Page Road, and west of Post Oak Road, including those obligations and requirements generally contained within City codes and criteria manuals, as well as zoning ordinances, development agreements and permits specifically applicable to the development or its component parts. 3. Consult with City’s attorneys regarding legal strategies, status, and potential settlement of pending litigation styled Love’s Travel Stops & Country Stores v. City of Denton, Cause No. 2010-50304-367, currently th pending in the 367 District Court of Denton County Following the completion of the Closed Session, the Council will convene in a Special Called Session to consider the following: NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen’s opinion on the City of Denton City Council Agenda June 4, 2012 Page 2 matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Consider adoption of an ordinance abandoning and vacating (i) a Storm Water Drainage Easement, from J. Newton Rayzor to the City of Denton, Texas, recorded in Volume 598, Page 560, Real Property Records, Denton County, Texas; (ii) a Storm Water Drainage Easement, from Suderman and Young Towing Company, Inc. to the City of Denton, Texas, recorded in Volume 598, Page 562, Real Property Records, Denton County, Texas; (iii) a Flowage Easement, from Suderman and Young Towing Company, Inc. to the City of Denton, Texas, recorded in Volume 697, Page 219, Real Property Records, Denton County, Texas; (iv) a Dam Construction and Flowage Easement, from Suderman and Young Towing Company, Inc. to the City of Denton, Texas, recorded in Volume 697, Page 222, Real Property Records, Denton County, Texas; and (v) a Drainage Channel Easement, awarded to Denton County, Texas, by and through that certain condemnation, Cause Number 3664, styled Denton County v. J.A. Gladish, et al., County Court of Denton County, Texas, and referenced in that certain Deed from Rayzor Investments, Ltd. to Rayzor Hillview, L.P., recorded in County Clerk File No. 2005- 127449, Real Property Records, Denton County, Texas, all said easements being located in the Francis Batson Survey, Abstract No. 43, Denton County, Texas and being located within that certain 55.292 acre tract of land, being described in that certain Special Warranty Assumption Deed, dated on or about December 18, 2008 and recorded as County Clerk File No. 2008-134210, Real Property Records, Denton County, Texas, located generally at or near the northwest corner of the intersection of Bonnie Brae Street and U.S. Highway 380; and declaring an effective date. 2. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Stormwater Management Facilities Maintenance Agreement and Perpetual Easement Grant, by and between the City of Denton, Texas and RR Marketplace LP, a Delaware limited partnership, related to drainage facilities located in Lot 1, Rayzor Ranch Addition, an addition to the City of Denton, according to the plat thereof recorded in Cabinet Y, Page 740, Plat Records, Denton County, Texas, located generally at or near the northwest corner of the intersection of Bonnie Brae Street and U.S. Highway 380; and providing an effective date. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2012 at ________o'clock (a.m.) (p.m.) ____________________________________ CITY SECRETARY City of Denton City Council Agenda June 4, 2012 Page 3 NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 __________________________________________________________________________________ SUBJECT Consider adoption of an ordinance abandoning and vacating (I) a Storm Water Drainage Easement, from J. Newton Rayzor to the City of Denton, Texas recorded in Volume 598, Page 560, Deed Records, Denton County, Texas; (II) a Storm Water Drainage Easement, from Suderman and Young Towing Company, Inc. to the City of Denton, Texas, recorded in Volume 598, Page 562, Deed Records, Denton County, Texas; (III) a Flowage Easement, from Suderman and Young Towing Company, Inc. to the City of Denton, Texas, recorded in Volume 697, Page 219, Deed Records, Denton County, Texas; (IV) a Dam Construction and Flowage Easement, from Suderman and Young Towing Company, Inc. to the City of Denton, Texas, recorded in Volume 697, Page 222, Deed Records, Denton County, Texas; and (V) a Drainage Channel Easement, awarded to Denton County, Texas, by and through that certain condemnation, Cause Number 3664, styled, Denton County vs. J.A. Gladish, et al., County Court of Denton County, Texas, and referenced in that certain deed from Rayzor Investments, Ltd, to Rayzor Hillview, L.P., recorded in County Clerk File No., 2005-127449, Real Property Records, Denton County, Texas, all said easements being located in the Francis Batson Survey, Abstract No. 43, Denton County, Texas and being located within that certain 55.292 acre tract of land, being described in that certain Special Warranty Assumption Deed, dated on or about, December 18, 2008 and recorded as County Clerk File No. 2008-134210, Real Property Records, Denton County, Texas; and declaring an effective date. BACKGROUND On behalf of the affected property owners, the developer of the Rayzor Ranch North Addition, located northwest of the intersection of US 380 and Bonnie Brae Street, has requested that the City of Denton abandon (I) a Storm Water Drainage Easement, (II) a Storm Water Drainage Easement, (III) a Flowage Easement, (IV) a Dam Construction and Flowage Easement, and (V) a Drainage Channel Easement. All of these easements are located within the land platted within the Rayzor Ranch North Addition, th which was filed of record in the Plat Records, Denton County Texas, on November 8, 2008, in Cabinet Y, Page 741. Easements I, II, and III were originally dedicated to house a drainage swale that carried storm water from Highway 380 northeast through the site to Bonnie Brae Street. When the Rayzor Ranch North development was proposed, construction plans were submitted and approved in September 2008 by the Development Review Committee, in those plans, the storm water was redirected to a box culvert system and a drainage easement was dedicated that runs from US 380 to the detention pond system to the north side of the tract. Easements IV and V contained area previously inside the floodplain of the Soil Conservation Service (CSC) Pond just east of Bonnie Brae Street. With the construction of the detention/water quality pond system on the north side of the tract, this area was removed from the flood maps by a Letter of Map Revision (LOMR) and approved in July 2011. 1 The present developer desires to reconcile the disposition of easements affecting the property. They have plans to further subdivide the addition and sell a portion of it by way of a Conveyance Plat, presumably, to Kohl’s Department Store. Staff is working with the developer on the execution of a Stormwater Management Facilities Maintenance Agreement and Perpetual Easement Grant for the existing drainage facilities and the Water Quality Pond located within the Rayzor Ranch North Addition. That document will be signed by the owner before the Easement Abandonment is taken to City Council for review and consideration. Staff performs an analysis on the request for easement abandonments as follows: Is the easement tract requested for abandonment considered “excess easement”? Does the easement tract requested for abandonment have a continued public use? Is it in the best interest of the general public to abandon the government’s rights in the subject abandonment tract? Would the granting of this request establish a precedent for easement abandonment for future requests? Staff findings on this analysis are as follows: 1.The requested easement abandonment tracts fit the criteria of “excess easement.” Excess easement is defined as: Property acquired or used by the City for easement subsequently declared excess (not needed for any public project, the continuation of operation and maintenance of public facilities, and/or no foreseeable utility use in the future). 2.The easement abandonment tract areas are not slated for utilization of any future drainage facilities. 3.The easement abandonments are in the public interest because the areas for the subject abandonments are no longer needed by the public and/or have not been utilized for the public. 4.These abandonments will not set precedent because the above three standards have been met. OPTIONS 1. Recommend approval of the Ordinance. 2. Do not recommend approval of the Ordinance. RECOMMENDATION Staff endorses approval of the Ordinance. ESTIMATED PROJECT SCHEDULE Sale is Pending Approval of Ordinance, June 2012 PRIOR ACTION/REVIEW Development Review Committee August 2011 Public Utilities Board Approval November 14, 2011 FISCAL INFORMATION Not applicable BID INFORMATION Not applicable 2 Exhibits 1. Ordinance 2. Location Map 3. Site Map Respectfully submitted, ___________________________________________ Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by: ____________________________________________ Doreen E. Blackstone Right-of-way Agent Real Estate and Capital Support 3 Rayzor Ranch North, Lot 1 / DISCLAIMER This data has been compiled for Rayzor Ranch North Abandonment the City of Denton. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the 03156301,260Feet accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 __________________________________________________________________________________ SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Stormwater Management Facilities Maintenance Agreement and Perpetual Easement Grant, by and between the City of Denton, Texas and RR Marketplace LP, a Delaware limited partnership, related to drainage facilities located in Lot 1, Rayzor Ranch Addition, an addition to the City of Denton, according to the plat thereof recorded in Cabinet Y, Page 740, Plat Records, Denton County, Texas, located generally at or near the northwest corner of the intersection of Bonnie Brae Street and U.S. Highway 380; and providing an effective date. BACKGROUND In 2006, developers proposed a 400+ acre multi-use development on a tract of land in Denton which lies north and south of US 380, and is bounded by I-35 to the west and Bonnie Brae Street to the east. There are approximately 138 acres within the northern development and 76 acres within of the south development which drain to an area located within the northeastern part of the northern parcel. In order to maximize their densities for proposed development, Integrated Stormwater Management (iSWM) techniques were adopted when designing their development. The iSWM Program for Construction and Development is a cooperative initiative that assists cities and counties to achieve their goals of water quality protection, streambank protection, and flood mitigation, while also helping communities meet their construction and post-construction obligations under state stormwater permits. Development and redevelopment, by their nature, increase the amount of imperviousness in our surrounding environment. This increased imperviousness translates into loss of natural areas, more sources for pollution in runoff, and heightened flooding risks. The developer contemplated the establishment of a water quality pond, a maintenance regimen and access provisions to incorporate the iSWM criteria when their Final Plat of Lot 1 of the Rayzor Ranch Addition was approved by the Planning and Zoning Committee in November of 2007. Staff has worked with the developer on the execution of a Stormwater Management Facilities Maintenance Agreement and Perpetual Easement Grant for the Water Quality Pond the drainage facilities and located within the Lot 1 of the Rayzor Ranch North Addition. In May of 2012, the developer signed the agreement and easement grant which is being brought before City Council for review and consideration. A City Council Closed Session briefing on the subject matter is also scheduled on June 4, 2012. OPTIONS 1.Recommend approval of the Ordinance. 2.Do not recommend approval of the Ordinance. 1 RECOMMENDATION Staff endorses approval of the Ordinance. ESTIMATED PROJECT SCHEDULE Ongoing PRIOR ACTION/REVIEW Planning and Zoning Approval November 2007 City Council Executive Session April 3, 2012 FISCAL INFORMATION Not applicable BID INFORMATION Not applicable Exhibits 1. Ordinance 2. Location Map 3. Site Map Respectfully submitted, ___________________________________________ Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by: ____________________________________________ Doreen E. Blackstone Right-of-way Agent Real Estate and Capital Support 2 ­tŒ;mŒšÒ© 7š-Ғ;“·­š©7z““-;­ ©© ­·š©’Þ·;© ’“m;’;“· š©7z““-;u7š- ORDINANCE NO. ________________ AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT AND PERPETUAL EASEMENT GRANT (), BY AND BETWEEN THE CITY OF DENTON, TEXAS AND RR MARKETPLACE LP, A DELAWARE LIMITED PARTNERSHIP, RELATED TO DRAINAGE FACILITIES LOCATED IN LOT 1, RAYZOR RANCH ADDITION, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET Y, PAGE 740, PLAT RECORDS, DENTON COUNTY, TEXAS, LOCATED GENERALLY AT OR NEAR THE NORTHWEST CORNER OF THE INTERSECTION OF BONNIE BRAE STREET AND U.S. HIGHWAY 380; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds the transactions contemplated by the Agreement are in the best interest of the citizens of the City of Denton; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement for and on behalf of the City of Denton, said Agreement being attached hereto and incorporated herein by reference. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _____ day of __________________, 2012. ____________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ Rayzor Ranch North, Lot 1 / DISCLAIMER This data has been compiled for Rayzor Ranch North Abandonment the City of Denton. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the 03156301,260Feet accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. 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