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October 17, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES October 17, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 17, 2006 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Deputy Mayor Pro Tern Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None Council considered Item #3. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of October 17, 2006. Council Member McElroy asked for a clarification on Item 3A. He indicated that the backup was confusing on whether the contract was for $2 million for each portion of the contract or $2 million for the entire bid. Interim City Manager Martin indicated that the contract was cumulative for bid quantities over an annual basis. 1. The Council received a report, held a discussion and gave staff direction regarding a proposed multi-modal station and potential transit oriented development in Downtown Denton. Mayor McNeill stated that this was the first presentation on this proposal. He reminded everyone that this was not something that was set in stone at this point in time. Mayor Pro Tern Kamp stated that as chair of the Mobility Committee she wanted Council to see the entire vision of the proposal. The Committee had been working various entities and departments including DCT A, URS, transportation, and planning. Linda Ratliff, Director of Economic Development, stated that Paris Rutherford, URS, DCT A, the Greater Denton Arts Council, the Downtown Task Force, Historic Landmark Commission and the Economic Development Partnership Board were all invited to the meeting. Staffwas looking for Council direction if this was the direction they wanted to go. Dennis Wilson presented information on transit-oriented development (TOD). He began with a definition of TOD. Key aspects of successful TODs included taking advantage of changing demographics; success without transit; enjoyable walking experiences; consolidated parking in shared lots or garages; and the reduction of the number of parking spaces. His presentation provided a more detailed analysis of these key aspects. Strategies for cities to capitalize on TODs included becoming an active partner through property consolidation and consolidated parking. Pete Coughlin relayed information on a prior transit project he had helped develop "South Side on Lamar". Council discussion . There were serious questions regarding the proposed location of the multi-modal station in regards to the current rail transit lines. City of Denton City Council Minutes October 17, 2006 Page 2 . The facility should be a public building, which could not be done with the proposed plan. . Public-private partnerships were a good option to consider. How could that be done in Denton? Ratliff responded that the City could work in conjunction with COG, try a TIF or incentive packages. Ratliff stated that the original site for the station was on city property across from City Hall East. A new consideration was to place the station in the Center for Visual Arts but a way to get the people to the station would be needed, as opposing tracks would be carrying freight train traffic. Mayor McNeill asked about the parking noted in the backup-whether it would be for the transit station or for shops. It was noted that it would be for both but that the primary parking location would be at the south Denton location. Council Member Thomson felt that parking should be in a more consolidated footprint and keep an opportunity for retail and residential development. He did not see that anywhere on the plans. It was noted that the primary purpose with DCT A was to bring rail to the city and not interfere with TOD development. A platform would be built for use by mixed-use developments. Mark Burroughs stated that there was a very real possibility for advancement of public arts policy and growth of the art district. He was concerned about the timing of projects that they might get out of control due the various natures of where they were coming from. It was vital to have an alternative location for the Center for Visual Arts ready before the start of the project. Deputy Mayor Pro Tern Mulroy stated that Council had not received a presentation regarding the use of the Center for Visual Arts for a multi-modal station. Mayor McNeill noted that there was nothing in the backup indicating that the Center for Visual Arts would be used. Deputy Mayor Pro Tern Mulroy indicated that Council was not advocating an adaptive reuse of the Center for Visual Arts. There were many options to explore. Mayor Pro Tern Kamp stated that the presentation was not intended to indicate what was going to be done with the Center for Visual Arts. She had wanted Council and others to see the vision of what could be done. Nothing was going to be done with the Center for Visual Arts before a plan was developed. Consensus of the Council was to have staff prepare a full presentation with all of the information regarding the multitude of choices available before a definitive decision was made. The presentation should also include possible grants, bond money or CIP money that might be available for the project. 2. The Council received a report held a discussion and gave staff direction on an ordinance amending the Denton Development Code Subchapter 7 to create a new section for Master Planned Community (MPC) Districts. (DCA06-00005) Kelly Carpenter, Director of Planning and Development, reviewed the proposed amendments to the master planned community district. The three-part process included a conceptual/schematic phase, a zoning document, and development standards document. This was not a concept of a City of Denton City Council Minutes October 17, 2006 Page 3 planned development but was for large 125+ acres or more for developments. There was a good process proposed for amendments in the draft ordinance. Council discussion - . It appeared that there could be potential problems by having separate documents for the master plan zoning documents and then trying to separate the timing. Any department could decide it needed to have more information before the zoning was allowed and then more documentation from the developers would be needed. Experience would tell if both documents needed to be in one document. . A concern was expressed about the financial aspects for doing this. Carpenter indicated that the ordinance would require a cost impact analysis with the zoning document. It would address the base line data needed to provide for the developer's agreements. It was a higher-level agreement that indicated who paid for what and when. . Staff felt that the land use and development regulations should be together. Leverage was lost when the land use was separated from development regulations but the Planning and Zoning Commission was not in favor of keeping them together. . A mandatory evaluation should be done if large-scale problems were noted after implementation. . Developers were probably going to be forced into the standards document right away due to the number of questions that would arise. Administratively this was not the best way to do this. Consensus of the Council was to pass the ordinance as is but watch for problems. Regular Meeting of the City Council on Tuesday, October 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 There were no proclamations/presentations at this meeting. Council Member Heggins recognized students in the audience. Mayor McNeill acknowledged the help of the Fire Department in working with the Denton State School. 3. CONSENT AGENDA Montgomery motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. City of Denton City Council Minutes October 17, 2006 Page 4 A. 2006-298 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3558 - Annual Contract for Sand, Soil, Aggregate and Lime awarded to the lowest responsible bidder for each item in the annual estimated amount of $2,000,000). B. 2006-299 - An ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Piano under Section 271.102 of the Local Government Code, for the purchase of irrigation equipment; providing for the expenditure of funds therefor; and providing an effective date (File 3607 - Interlocal Agreement for Irrigation Equipment with the City of Piano, contract awarded to Interspec, LLC in the estimated amount of $205,610). C. 2006-300 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of seventeen police sedans; providing for the expenditure of funds therefor; and providing an effective date (File 3609 - Interlocal Agreement for Police Sedans with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of $359,028.95). D. Approved the minutes of: September 12, 2006 September 19,2006 September 26, 2006 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance granting approval of a sub-surface use of Cross Timbers Park for the purpose of oil and gas non- drilling/pooling agreement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). Janet Fitzgerald, Director of Parks and Recreation, stated that the ordinance would approve a natural gas and oil lease for a sub-surface use only. The Texas Parks and Wildlife Code required a public hearing whenever parkland was to be used in a manner outside the uses for a park. This would be a subsurface and off site drilling situation with no disturbance of the park. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes October 17, 2006 Page 5 NO. 2006-301 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURF ACE USE OF CROSS TIMBERS PARK FOR THE PURPOSE OF OIL AND GAS NON- DRILLING/POOLING AGREEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 5.61 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The property was generally located west of State School Road, north of the Oakmont II subdivision, and east of the Denton State School. (206-0020, Muir Addition) The Planning and Zoning Commission recommended approval (5-0). Kelly Carpenter, Director of Planning and Development, stated that the property was in an existing land use category of NR-2 with the request to change it to NRMU. The Planning and Zoning Commission had recommended approval with conditions. The Mayor opened the public hearing. Thomas Muir, 203 North 9th Street, Sanger, indicated that he was the applicant for the project. He had held two public meetings with the area neighbors and homeowners associations. An overlay district that would restrict the uses to professional offices with a design compatible with the surrounding homes was proposed. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-302 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 5.61 ACRES, GENERALLY LOCATED WEST OF STATE SCHOOL ROAD, NORTH OF THE OAKMONT II SUBDIVISION, AND EAST OF THE DENTON STATE SCHOOL, IN THE CITY OF DENTON, DENTON COUNTY TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (A06-0020). McElroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. City of Denton City Council Minutes October 17, 2006 Page 6 C. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 2.0 acres of land from a Regional Center Commercial Neighborhood (RCC-N) zoning district to Regional Center Commercial Downtown (RCC-D) zoning district. The property was located on the west side of I-35N north of Schuyler Drive. (206-0003, 1-35 RV Center) The Planning and Zoning Commission recommended denial (4-1). NOTE: A SUPERMAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL. Kelly Carpenter, Director of Planning and Development, stated that this was a proposal for an extension of a current 6-acre parcel. Staff recommended approval, however, the Planning and Zoning Commission had recommended denial. The land use plan showed this area to be a regional center land use designation but the RCC designation did not allow RV uses. The Planning and Zoning Commission was concerned about the appearance of the actual parking areas as gravel could be used and how that would look from the 135 corridor. The Mayor opened the public hearing. Larry Reichhart, Spring Brook Planning Group, spoke for the applicant. He indicated that the applicant was willing to pave 50' across the frontage area. Deputy Mayor Pro Tern Mulroy asked if the applicant would be willing to use paving stones rather than pavement. Reichhart replied that it would not be a problem. Deputy Mayor Pro Tern Mulroy asked if this proposal was on a critical time line path to complete. Reichhart replied the timing was not critical. The Mayor closed the public hearing. Mulroy motioned, Kamp seconded to remand the proposal back to the Planning and Zoning Commission for reconsideration as new information had been received regarding the frontage paving. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending the Denton Development Code amending Subchapter 7 to create a new section for Master Planned Community (MPC) Districts. (DCA06-00005) The Planning and Zoning Commission recommended approval (5-0). Kelly Carpenter, Director of Planning and Development, stated that the master plan community district was designed for large-scale unified developments. It provided for two different categories. One was for a core area in the city with 125+ acres and a second category outside the core area of 300+ acres. There was also an appeal process for smaller acreage to use the district category. There were three parts to the category - conceptual/schematic, zoning document and a development phase. The district allowed for major and minor amendments with minor amendments considered at the staff level. The Planning and Zoning Commission had recommended approval. The Mayor opened the public hearing. City of Denton City Council Minutes October 17, 2006 Page 7 Rod Zielke, representing Tomlin Investment, spoke in favor. He expressed concern with two issues concerning the three-part application and the way it was worded. As proposed the DRC, Commission or Council could request development standards at the same time. He suggested not allowing the DRC to request that information. The cost impact analysis section was very difficult to interpret and potentially created a situation that would require much more information than needed at a zoning phase. Larry Reichhart, Spring Brook Planning Group, expressed concerns regarding the DRC's ability to require development standards. The cost impact analysis had a very wide structure and was subject to interpretation. That was not needed during the zoning phase. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-303 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.7 AND 35.23 OF THE DENTON DEVELOPMENT CODE PERTAINING TO MASTER PLANNED COMMUNITIES; PROVIDING FOR A PENAL TY CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF' AND PROVIDING FOR AN EFFECTIVE DATE. (DCA06-0005) Mulroy motioned, Heggins seconded to adopt the ordinance as presented. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. E. The Council held the first of two public hearings to consider the voluntary annexation and service plan for approximately 1.9 acres into the corporate city limits of the City of Denton, Texas. The property was generally located in the southeastern area of the City of Denton's extraterritorial jurisdiction on Teasley Lane and Old Alton Road legally described as a part of a 5.41-acre tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas. (A 06-0002, Corinth Substation Annexation) Kelly Carpenter, Director of Planning and Development, stated that the annexation was for 1.9 acres with an application to build an electrical substation on the parcel for TXU. The adjacent property owners were asked if they wanted to be included in the annexation but all declined. No action by Council was needed at this meeting. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed public hearing. No action by Council was required at this time. City of Denton City Council Minutes October 17, 2006 Page 8 F. The Council held the first of two public hearings to consider the voluntary annexation and service plan for approximately 33 acres. The property to be annexed was generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Branch Road and legally described as Lot 2 of the Marriott Garden Addition. (Lot 2 of the Marriott Garden Addition Annexation, A06-0004) Deputy Mayor Pro Tern Mulroy left the meeting with conflict of interest. Kelly Carpenter, Director of Planning and Development, stated that this was a voluntary annexation pursuant to a default in a contract the property owner had with the City based on a past attempt at annexation. If the provisions of the contract were violated, the property would be subject to a voluntary annexation. Staff had addressed the property owners to the north and east of this annexation to see if they wanted to be part of the annexation. Denton County, with property to the north, expressed a desire to be annexed but had notified the City too late in the process to be included in this annexation. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action by Council was needed at this point in time. Deputy Mayor Pro Tern Mulroy returned to the meeting. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Thomson nominated Patrice Lyke to the Planning and Zoning Commission. He motioned, Kamp seconded to suspend the rules to allow Council to vote on the nomination at this meeting. On roll vote to suspend the rules, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. On roll vote to approve the nomination contingent upon Ms. Lyke resigning from the Parks, Beautification and Recreation Board, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "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: City of Denton City Council Minutes October 17, 2006 Page 9 A. Robert Donnelly regarding development problems. Mr. Donnelly thanked the Engineering staff in helping with his concerns about a development adjoining his property. He was still concerned about the pipe size and material being used for the drainage pipe at the development. He had no follow-up from the City and the development was continuing to put in that type of pipe. The building permit was given prior to off-site storm water development in place. He suggested the city consider a bond by developers for when citizen experience damage to their property due to development. B. Bob Clifton regarding city business. Mr. Clifton stated that two weeks ago he had indicated that the City was out of control. The TCEQ had issued four violations to DME for environmental concerns. He continued expressing his concerns regarding DME. C. Carolyn Phillips regarding certified and qualified Black firefighter candidate rejection. Ms. Phillips stated that she knew of a Black firefighter candidate who had been rejected for consideration in Denton. That candidate was currently an active firefighter, an EMT and a paramedic. She requested that the Council look at the firefighter hiring practices and in particular the mechanical aptitude section of the test. D. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. E. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. F. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. G. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth expressed his concern again that there were no Black firefighters hired in the recent hiring of 15 firefighters. He felt the City wanted to keep the status quo in the fire department. Qualified applicants were available but the City did not want them. He indicated that he would look into pursuing legal means to stop violating the civil rights of Black fire fighters. H. Larry Luce regarding code enforcement - trash in driveways and beside houses, cars in yards. Mr. Luce expressed concern about a neighborhood that was deteriorating. That area was north of East McKinney, east of the railroad tracks and this side of Mulkey. He had complained to Code City of Denton City Council Minutes October 17, 2006 Page 10 Enforcement but nothing happened to change the situation. Code Enforcement did go out to the property but the problem just seemed to keep coming back. C. New Business The following items of New Business were suggested by Council Member for future agendas: . Council Member Heggins requested that the City Manager look into the possibility of renaming the Civic Center Park to Quakertown Park. . Mayor McNeill requested a follow-up on the firefighter issue from a legal standpoint noting the events that occurred D. Items from the City Manager Interim City Manager Martin did not have any items for Council. E. There was no Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act at this meeting. 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 8:00 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS