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December 9, 2008 Minutes CITY OF DENTON CITY COUNCIL MINUTES December 9, 2008 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 9, 2008 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Kamp; Council Members Moreno, Mulroy, Thomson, and Watts. ABSENT: Mayor Burroughs and Council Member Heggins 1.Staff responded to requests for clarification of agenda items listed on the agenda for December 9, 2008. Council Member Mulroy questioned if Item 3K relative to the sidewalks near Guyer High School was coordinated with the DISD. Howard Martin, Assistant City Manager, stated yes that the staff had been meeting with the DISD and developing priorities and construction activities at Guyer. They had not reviewed these specific plans but they knew that the City was moving forward with the temporary sidewalks. Council Member Mulroy requested amendments to the November 4, 2008 minutes. Page 32, fourth paragraph from the bottom stated that “the overpass was sufficient. It should state it was “insufficient”. Page 34, second paragraph from the bottom spoke regarding staff not being in support of a variance in the future. The minutes showed a response by staff but he would like an amendment that Council requested affirmation that staff would not support a variance. Council Member Watts requested that his response during the regular session on Item 3R be included verbatim in the minutes. This was located on page 11 of the minutes. 2.Council received a report, held a discussion, and gave staff direction regarding projects to th be included in Denton’s 111 Congress, 1st Session Congressional Priority Project requests, and st the 2009 State Legislative Program of the City of Denton, for the 81 Texas Legislature. John Cabrales, Public Information/Intergovernmental Relations, presented information on key legislative issues for the 2009 State and Federal Legislative Program. The proposed congressional priorities were the same as the three from last year dealing with the Municipal Airport, the Downtown development and the Public Safety Training Facility. The state legislative program included Denton’s key issues as identified by council and staff. Adoption of this program would allow city representatives to work with state legislators on supporting and opposing legislation that would accomplish the city’s goals. It also gave city representatives the ability to react quickly to proposed legislation and authority to enter testimony on these issues on behalf of the city. The proposed document had been slightly modified since the agenda backup to include Denton’s highest legislative priorities. Council Member Mulroy questioned how the city would fund some of the proposed legislative if it were outside the city limits. City Manager Campbell stated that there were no budgetary considerations with these proposals. They were statements of philosophy on what to oppose or support and did not address budget. Cabrales indicated that another issue to address was air quality issues in Denton. A section would be added to the legislation packet related to environmental quality and public health. This would go in the body of the legislation but not on the list of high priorities. City of Denton City Council Minutes December 9, 2008 Page 2 Council Member Moreno asked how the documents were developed. Cabrales stated that staff used issues from past sessions but also discussed pressing issues and how they affected operations with the city’s Leadership Team, worked with TML and other cities for areas of concern plus identified issues with Hillco, the city’s lobbyist group. City Manager Campbell stated that staff was trying to identify issues that might come up before the legislature and during that time when it might be difficult to get back to Council with the items. They were trying to cover all issues that might come up and get prior direction from Council on how to respond. Cabrales added that there were times when the legislature might challenge a speaker whether he was there personally or representing a city and passage of the resolution would show that the individual was representing the City and Council. Council Member Mulroy questioned what was Senate Bill 5. Cabrales replied that it was the telecom bill. th Council Member Mulroy stated that the 5 bullet point on page 6 talked about auditing taxpayer’s records. He indicated that he would not support legislation for the city to be another layer of government and have to start a sales tax regiment throughout the community. He felt there should be a just cause for the city to do an audit. Brian Langley, Director of Finance, stated that this audit piece looked at local businesses if they relocated sales tax. Council Member Mulroy replied that there would not be a separate level to that audit. Langley replied correct. An audit would be done only when there were questions on a specific business. Council Member Mulroy received clarification of several other points included in the State legislative program. Consensus of the Council was to proceed with the proposed programs. 3.The Council received a report, held a discussion and gave staff direction to evaluate continued collection of fees for engineering review of development projects by staff development review engineers; for those development review tasks that were performed by Freese & Nichols, Inc. prior to the approval of the new contract on November 4, 2008. PS Arora, Assistant Director of Wastewater Utilities, stated that in 2005 the engineering firm Freese and Nichols was retained to provide development review engineering services. In 2008 the contract went out for another request for proposal and the outcome of the selection process was to again award the contract to Freese and Nichols. The current engineering tasks included review of preliminary plats, final plats, traffic impact analysis, Conditional Letters of Map Revision, and Letters of Map Revision. Several of those tasks were eliminated in the 2008 contract. Prior to staff engaging the consultant in fee negotiations, Council had approved a new Senior Engineer position for development review in the FY 09 budget. The existing City of Denton City Council Minutes December 9, 2008 Page 3 Development Review Administrator position that was occupied by an engineer was converted to a Senior Engineer position which resulted in two Senior Engineer positions that were available for development review. Scope negotiations with Freese and Nichols were conducted to bring some of the engineering tasks in-house for development review and tasks were deleted from the Freese and Nichols contract. Those were tasks that the two Senior Engineers would now do. If those tasks stayed with Freese and Nichols, the cost would be $211, 899; however, the proposed fees would be $156,000. The new fees would come back to the City. Staff was not asking to change any fees just to continue to charge the fees. Council Member Watts asked how the $156,000 compared to what the two positions were costing. Arora stated that the developers were paying the fee anyway except that now the fee would come to the City instead of Freese and Nichols. Council Member Mulroy stated that the City would be taking over tasks in-house at a 2005 rate which would save developers money. He asked if those fees were adequate. Arora stated that staff would need more time to study the fees to make sure they were adequate. Staff was recommending forwarding this item to Council in January for approval. Consensus of the Council was to proceed with the staff recommendation. 4.The Council received a briefing, held a discussion and gave staff direction regarding proposed amendments applicable to the Rayzor Ranch Overlay District on approximately 410 acres of land, generally located on both sides of West University Drive / U.S. Highway 380, and being generally located between IH-35 and Bonnie Brae Street. The briefing would focus on the subject of Trade Dress as it applies to this Overlay District. (Z06-0029 and Z06-0030, Rayzor Ranch) Chuck Russell, Planning Supervisor, stated that the briefing would focus on Trade Dress as it applied to the Rayzor Ranch overlay district. Staff had been working with the applicant and among themselves but at this time there was no definite resolution ready for Council consideration. Staff was comfortable keeping the current structure for next several months. He indicated that the issue also involved the sign district with the focus currently on the north side of Highway 380. The provisions would deal with the design of inline development and outparcels. He reviewed the definition of trade dress which included letters, background color and structural provisions. The approved national trade dress criteria included (1) tenant identification signage, materials, entry treatments and architectural features and must be part of a national identity; (2) tenant’s logo and identifying colors that did not have to match architectural color palette for Rayzor Ranch; (3) could not extend beyond the façade of the building; (4) could not exceed 25% of the total area of the façade for each tenant; (5) wall signage must be incorporated into the Trade Dress and could not exceed 20% of the total area of the façade; and (6) corner and freestanding buildings would be allowed to have trade dress on all facades. He reviewed the approved color palette for Rayzor Ranch which did not include some of the colors of the national trade dress. New topics staff and the applicant were considering included (1) whether to regulate trade dress through an overlay district or a sign district; (2) should trade dress include signs; (3) was 25% non-palette approved color too much; (4) should trade dress be limited to the main entrance area; City of Denton City Council Minutes December 9, 2008 Page 4 (5) should buildings less than 8,000 square feet be exempt; (6) should structural trade dress elements be approved at the building permit; and (7) should corner and freestanding buildings be allowed to have 25% trade dress on all facades. Council Member Watts asked if staff was comfortable with the current conditions in the ordinance. Russell replied yes that the applicant was committed to bringing forward all elevations for staff to review. Mayor Pro Tem Kamp asked if the new topics of discussion would be considered at the standing Rayzor Ranch meetings. Russell replied yes. Council Member Moreno asked why an overlay district could not be used to enforce regulations. Russell replied that it might be headed back to an overlay district for enforcement. Trade dress included signs, architecture and color. It may be that signage should be separate from trade dress but the biggest hang up was procedures versus standards. 5.The Council received a briefing, held a discussion and gave staff direction on the proposed amendments to Subchapter 18 “Land Disturbing Activities” of the Denton Development Code (DDC). The Planning and Zoning Commission recommended approval (7- 0). Mark Cunningham. Director of Planning and Development, stated that this issue was discussed last week with Council and would provide answers to Council’s questions from the prior presentation. #1 - Would un-platted lots or lots that had been in the same configuration since 1960 and considered “lots-of-record” need to be platted before obtaining a land disturbing permit to address drainage issues. Wording was added that the City’s Drainage Engineer could issue a land disturbance permit for un-platted parcels to improve drainage and promote compliance with standards relating to flood prevention and erosion control. #2 – Provide a history of the public input received by stakeholders regarding this proposed amendment. Staff met with developers, builders and an environmental leader to gather insight on how to proceed with the land disturbing code revisions. Council Member Watts asked if the stakeholders group had seen this information presented to Council as they had not met since May of 2007. Cunningham stated that what was initially forwarded to the Planning and Zoning Commission had been agreed to by the stakeholders group. #3 – The decrease from 100 cubic yards for non-residential to 25 cubic yards was significant. Provide an explanation of why 25 cubic yards was proposed for non-residential developments. 25 cubic yards was equal to two dump loads of dirt and that amount of dirt might possibly impact City of Denton City Council Minutes December 9, 2008 Page 5 a residential development. The proposed wording was changed to 50 cubic yards for non- residential projects. #4 – Who and how the temporary stabilization measures would be enforced. Wording was added to the proposal stating that the Director of Water/Wastewater would ensure that temporary stabilization measures were appropriately established. #5 – Provide a definition of geotextile. Geotextile was a synthetic permeable fabric that provided filtration, separation, and stabilization properties when applied to soil surfaces, and had the ability to reduce erosion and sedimentation due to rain or a storm event. Cunningham stated that the public hearing would have the noted changes incorporated into the proposed ordinance. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:30 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A.Consultation with Attorneys – Under Texas Government Code Section 551.071. 1.Received legal advice and information from the City's attorneys pertaining toAsh Grove Texas, L.P. v. City of Dallas, City of Forth Worth, City of Arlington, City of Plano, Dallas County Schools, and Tarrant County, Case 3:08-CV-02114-O, and matters related thereto, wherein litigation against the City of Denton is contemplated and threatened. Discuss, deliberate, and provide the City's attorneys with direction and any recommendations regarding such legal matters. 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. Regular Meeting of the City of Denton City Council on Tuesday, December 9, 2008 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 1. Presentation of Life Saving Award to Officer Jared Stevenson. Mayor Pro Tem Kamp and Police Chief Minter presented a Life Saving Award to Officer Jared Stevenson for his saving the life of a car accident victim. City of Denton City Council Minutes December 9, 2008 Page 6 3. CONSENT AGENDA Council Member Mulroy asked that Item 3G be pulled for separate consideration. Bob Clifton submitted Speaker Cards for Item 3I, J, K, L, M and N. He felt that too much money was being spent for these items. Watts motioned, Thomson seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exception of Item 3G. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. Item 3G was considered. Frank Payne, City Engineer, stated that the agreement had been modified to include the project name. Mulroy motioned, Watts seconded to approve Item 3G. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. A. R2008-040 - A resolution of the City of Denton, Texas, adopting the City of th Denton’s 111 Congress, 1st Session Congressional Priority Projects; providing a repealer; and providing an effective date. B.R2008-041 - A resolution of the City of Denton, Texas, adopting the City of st Denton's 2009 State Legislative Program for the 81 Texas Legislature; providing a repealer; and providing an effective date. C.2008-303 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Tomas Rivera Elementary School for the purpose of assisting with school supplies; providing for the expenditure of funds; and providing for an effective date. ($500) D.2008-304 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Festival Foundation for Supplemental Funding for the Arts and Jazz Committee for the 2009 Denton Arts and Jazz Festival; providing for the expenditure of funds therefor; and providing for an effective date. ($1,850) E.2008-305 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Historical Park Foundation for the purpose of installing a steel door in the Welcome Center in the Historical Park; providing for the expenditure of funds; and providing for an effective date. ($1,100) F.2008-306 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Police Officers Association the purpose contributing to their non-profit charitable organization called “Shop with A Cop” which helps needy children shop for things they need and want for Christmas; providing for the expenditure of funds; and providing for an effective date. ($700) City of Denton City Council Minutes December 9, 2008 Page 7 G.2008-307 - An ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $750,000.00 between the City of Denton and Denton County for the construction of intersection improvements and the installation of a traffic signal at the intersection of FM 2181 and Old Alton Road within the municipal limits of the City and Denton County Commissioner Precinct #1, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. H.2008-308 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network, Texas Multiple Award Schedule (TXMAS) Program as awarded by the State of Texas Building and Procurement Commission and US Communities Purchasing Alliance for the acquisition of new and refurbished furniture for the City of Denton South Branch Library by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4157– Interlocal Agreement for the purchase of furniture for the South Branch Library in the amount of $ 282,005.60). I.2008-309 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Bomb Squad Response Truck for the City of Denton Fire Department by way of an interlocal agreement with the City of Denton; and providing an effective date (File 4219–Bomb Squad Response Truck for City of Denton Fire Department awarded to Grande Truck Center in the amount of $162,640). J.2008-310 - An ordinance amending Ordinance 2008-091 approved on May 6, 2008, so as to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Petteril 320 chassis with tandem axles by way of an interlocal agreement with the City of Denton; and providing an effective date (File 4220–Side Load Refuse Truck Chassis for Solid Waste Department awarded to Rush Truck Centers of Texas LP in the amount of $129,300). The Public Utilities Board considered this item on December 8, 2008. K.2008-311 - An ordinance accepting competitive bids and awarding a public works contract for the construction of pedestrian path on Teasley Lane/FM 2181; providing for the expenditure of funds therefor; and providing an effective date (Bid 3966–Teasley Lane/FM 2181 Pedestrian Way awarded to Lands Construction in the amount of $226,988). L.2008-312 - An ordinance accepting competitive bids and awarding a public works contract for the construction of landscape and sidewalk improvements for the Unicorn Lake project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4177–Unicorn Lake Landscape and Pedestrian Improvements Project awarded to Calvert Paving Corporation in the amount of $654,538). City of Denton City Council Minutes December 9, 2008 Page 8 M.2008-313 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of software and services for the deployment of an electronic citation package from Brazos Technology Corporation, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4084–Purchase of Electronic Citation Package for Police Department in the amount of $127,500). N.2008-314 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the repair of a Caterpillar Model DOT Dozer for the City of Denton Landfill from Holt CAT, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4221–Dozer Repair for City of Denton Solid Waste Department in the amount of $92,705.82). The Public Utilities Board considered this item on December 8, 2008. O. 2008-315 - An ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Ponder Veterinary Hospital to provide sterilization and rabies vaccination services for the City of Denton Animal Services Center; authorizing the collection of funds therefor as reflected in the fee ordinance; and providing an effective date. P. Approved an exception to the Noise Ordinance for the purpose of amplified sound for a Christmas celebration program held on the Downtown Courthouse lawn. The event will be on Saturday, December 20, 2008, from 1:00 p.m. until 5:00 p.m. The exception is specifically requested for an increase of decibels for amplified sound from 65 to 70 decibels. Q. 2008-316 - An ordinance of the City of Denton, Texas, correcting, nunc pro tunc, an inadvertent mistake in Ordinance No. 2008-134, specifically its amendment of Subchapter 35.15.10.6 of the Denton Development Code. R. Approved the minutes of November 4, 2008. Mayor Pro Tem Kamp stated that staff had requested that Item 4F be removed from consideration. If no one was present for the item, it would not be considered. She noted that no one indicated an interest in the item so that it would be removed from the agenda and brought back when additional information was collected and the item re-advertised. Thomson motioned, Mulroy seconded to remove Item 4F from the agenda. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. City of Denton City Council Minutes December 9, 2008 Page 9 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance granting approval of the use of a portion of the North Lakes Park for the purpose of water line improvement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for an easement; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (7-0). Bob Tickner, Parks Planning Manager, stated that this public hearing was required when park land would be used for non-park uses. The non-park use would be for a water line improvement along the edge of the park. The Parks, Recreation and Beautification Board had recommend approval. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2008-317 AN ORDINANCE GRANTING APPROVAL OF THE USE OF A PORTION OF THE NORTH LAKES PARK FOR THE PURPOSE OF WATER LINE IMPROVEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR AN EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Watts seconded to adopt the ordinance as presented. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. B. The Council held the second of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the voluntary annexation and service plan for approximately 868.29 acres, located in the City’s Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation was in multiple ownerships, and consisted of two distinct areas, as presented in Exhibit 1. The first area (annexation area #1) was approximately 24.94 acres in size and was generally located between the City’s current northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) was approximately 843.35 acres and was generally located east of FM 2164 and north of Shepard Road.(A08-0001, JNC Properties Annexation) Mark Cunningham, Director of Planning and Development, stated that this was the second of two City Council public hearings. This was a voluntary annexation of approximately 868.29 acres consisting of various ownerships and two separate areas. The purpose of the annexation was to annex the properties to eventually develop them along with the other JNC properties to the east as a Master Planned Community. The site contained approximately 24 parcels being City of Denton City Council Minutes December 9, 2008 Page 10 used for agricultural and rural residential. Three letters of opposition were received with this proposal; two were received in favor and one neutral response. Staff found the request to be consistent with the city’s annexation policy and recommended that the public hearing proceed as scheduled. The Mayor Pro Tem opened the public hearing No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. No action was required on this item at this time. Mayor Pro Tem Kamp stated that a clarification was needed on the Consent Agenda Items. The motion to approve should have included the revisions to the minutes as noted in the Work Session and the change in Item 3G contract wording. A motion was needed for reconsideration. Mulroy motioned, Watts seconded to reconsider the Consent Agenda. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. Thomson motioned, Watts seconded to approve the Consent Agenda and accompanying ordinances and resolutions plus the amendments to the minutes and Item 3G contract. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending Subchapters 5 and 23 of the Denton Development Code; revising the definitions of Elementary, Middle and High School; Defining Charter School; Deleting a definition for School, Public or Private; Permitting Elementary, Middle and High Schools within the Community Mixed Use General (CM-G) and Community Mixed Use Employment (CM-E) zoning districts; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (DCA08-0007) The Planning and Zoning Commission recommended approval (6-0). Mark Cunningham, Director of Planning and Development, stated that this was a staff initiated wording amendment. The purpose was to revise existing definitions for elementary, middle and high schools to include a reference to public and charter schools, reference the Texas statute requirements for public schools, delete the current definition “Schools, Public or Private”, create a definition for Charter Schools, and amend the use table of Subchapter 5 to allow elementary, middle and high schools within the CM-G and CM-E zoning districts. This amendment was a result of a request by University Behavioral Health and Legends Academy for a charter school. The Planning and Zoning Commission had asked staff to work with the applicant for consideration of a restrictive overlay. Through discussions with the applicant, staff determined that a Denton Development Code text amendment was appropriate and would eliminate confusion with implementation. The Development Review Committee and Planning and Zoning Commission recommended approval of the proposed changes. The Mayor Pro Tem opened public hearing. City of Denton City Council Minutes December 9, 2008 Page 11 Larry Reichhart, representing UBH and Legends Charter School, spoke in support of proposal. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2008-318 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 5 AND 23 OF THE DENTON DEVELOPMENT CODE; REVISING THE DEFINITIONS OF ELEMENTARY, MIDDLE AND HIGH SCHOOL; DEFINING CHARTER SCHOOL; DELETING A DEFINITION FOR SCHOOL, PUBLIC OR PRIVATE; PERMITTING ELEMENTARY, MIDDLE AND HIGH SCHOOLS WITHIN THE COMMUNITY MIXED USE GENERAL (CM-G) AND COMMUNITY MIXED USE EMPLOYMENT (CM-E) ZONING DISTRICTS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS, THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. D. The Council held a public hearing and considered the adoption of an ordinance of the City of Denton, Texas regarding amendments to the Rayzor Ranch Special Purpose Sign District encompassing approximately 410 acres of land located generally on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street; providing a severability clause; providing a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and an effective date. (SD07-0001) The Planning and Zoning Commission recommended approval (7-0). Chuck Russell, Planning Supervisor, presented information on the special sign district changes. The proposal would affect the pylon sign plan for the area north of Highway 380. Four signs were included in the plan located at the main entrances of the development. Staff reviewed the proposal against the architectural standards of Rayzor Ranch and found them to be compatible with those standards and the standards with the special sign districts. The Mayor Pro Tem opened public hearing. Rob Baldwin, representing Rayzor Ranch, spoke in favor. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2008-319 AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING AMENDMENTS TO THE RAYZOR RANCH SPECIAL PURPOSE SIGN DISTRICT ENCOMPASSING APPROXIMATELY 410 ACRES OF LAND LOCATED City of Denton City Council Minutes December 9, 2008 Page 12 GENERALLY ON BOTH SIDES OF U.S. HIGHWAY 380 (WEST UNIVERSITY DRIVE), BETWEEN INTERSTATE HIGHWAY 35 AND BONNIE BRAE STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, regarding amendments to Subchapter 18 “Land Disturbing Activities” of the Denton Development Code (DDC); providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA06-0010) The Planning and Zoning Commission recommended approval (7-0). Mark Cunningham, Director of Planning and Development, stated that the purpose of the proposed ordinance was to streamline the review and approval process for land disturbing permits. The proposal had been discussed in the Council Work Session on December 2 with a follow-up earlier in the meeting. Staff and the Planning and Zoning Commission recommended approval. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2008-320 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING AMENDMENTS TO SUBCHAPTER 18 “LAND DISTURBING ACTIVITIES” OF THE DENTON DEVELOPMENT CODE (DDC); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. Watts motioned, Mulroy seconded to adopt the ordinance as presented. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. F. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amendments to Subchapters 6, 12 and 13 of the Denton Development Code. The amendments included are to clarify standards and regulations regarding SUP revocation, yard measurements, accessory buildings and structures general regulations, expansion applicability, preservation and mitigation requirements for infill lots, light and glare performance requirements, and site development requirements for residential buildings; providing for a City of Denton City Council Minutes December 9, 2008 Page 13 penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08-0002) The Planning and Zoning Commission recommends approval (6-0). This item was not considered. 5.ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution authorizing the giving of a preference to goods and services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality or requiring that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality if otherwise meeting the requirements of TEX. LOC. GOV'T CODE Section 271.907; and providing for an effective date. Ken Banks, Environmental Quality Manager, stated that this item was a continuation from the prior week relating to the purchase of green cement. Speaker cards were submitted by: Ed Soph, 1620 Victoria Drive, Denton, 76209 – opposed as written and suggested a compromise. Jim Schermbeck, 112 W. Garza, Slaton, 79364 – in favor and continue on course A Comment card was submitted from Peggy LaPoint in support of the resolution. The following resolution was considered: R2008-042 A RESOLUTION AUTHORIZING THE GIVING OF A PREFERENCE TO GOODS AND SERVICES OF A VENDOR THAT DEMONSTRATES THAT THE VENDOR MEETS OR EXCEEDS ANY STATE OR FEDERAL ENVIRONMENTAL STANDARDS, INCLUDING VOLUNTARY STANDARDS, RELATING TO AIR QUALITY OR REQUIRING THAT A VENDOR DEMONSTRATE THAT THE VENDOR MEETS OR EXCEEDS ANY STATE OR FEDERAL ENVIRONMENTAL STANDARDS, INCLUDING VOLUNTARY STANDARDS, RELATING TO AIR QUALITY IF OTHERWISE MEETING THE REQUIREMENTS OF TEX. LOC. GOV'T CODE SECTION 271.907; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried unanimously. B. Citizen Reports 1.The Council held a Review of procedures for addressing the City Council. City of Denton City Council Minutes December 9, 2008 Page 14 2.The Council received citizen reports from the following: A.Chris Wall regarding proposal for Denton Skate Park. Mr. Wall presented a proposal for a free public skate park in Denton. The current park was too small and unidirectional, had an admission fee and limited hours of operation and was costly to maintain. He showed examples of parks in other cities that were more versatile and had flexible hours. A proposed solution was a new concrete skate park, no admission fee, and full access in the day time and lights at night. Such a proposed park would better serve the community and be an attraction for Denton. It should also be designed by a company that knows about skateboarding. B.Heidi Marshall-Greene regarding Alliance for Children & Families of Denton County. Ms. Marshall-Greene, Project Director for Alliance for Children & Family of Denton County, presented information on her agency. C.Bob Clifton regarding the interactive spatial relationship between the citizens of Denton and the Denton ISD; the irrelevancy of the municipal airport; the subtle influence of economic development; the lack of animal services; the overreach of Code Enforcement and its logical removal to the Police Department; community development in relation to the economic development agenda; outsourced engineering; ineffectual customer service online; diversion of funds from Charter Cable's payments to the general fund instead of to DTV Broadcasting, emasculation of the city's Boards and Committees; Dyno Products being sold in unauthorized zoning areas; environmental quality issues without actual confrontation with polluters; the junking of the Development Code; the probable restructuring of building inspections; laughable garbage collection; a dearth of health and safety programs; inconsequential and bloated libraries with overpaid librarians; crazy-quilted neighborhood services; the waste of taxpayer money spent on an annual Citizen Update; the illegal subsidization of the Chamber of Commerce; dissolution of internal audit; outrageous expenditures in the Parks & Recreation Department; the tampering with the City Charter along with useless and unenforceable Code of Ordinances; incompetent planning for the city; the out of control property taxes; the necessity for the abolition of the City Auditor's office; inferior public transportation controlled by the two universities and DCTA; the archaic Development Code in coordination with the comprehensive plan; non-serious recycling policies; the City Council; street bond money disappearing; utilities stroking the general fund; fire department hiring policies; oversight (or lack of) in purchasing; the City Manager's office; erratic historic preservation; a self-supporting municipal court; reorganization of the Police Department. Conversely, the intensely and closely-monitored integer of the above. City of Denton City Council Minutes December 9, 2008 Page 15 Mr. Clifton spoke regarding Loop 288 construction, the Denton Municipal Electric new building, Fry Street Development, the Hickory Substation, dumpsters, the electronic sign at the Civic Center, code enforcement, the Rayzor Ranch development, and erosion control with drainage fees. C. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. There were no items for consideration. D. 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. E. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action taken on Closed Meeting items. With no further business, the meeting was adjourned at 8:04 p.m. _______________________________ PETE KAMP MAYOR PRO TEM CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS