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January 8, 2008 Minutes CITY OF DENTON CITY COUNCIL MINUTES January 8, 2008 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 8, 2008 at 4:30 p.m.in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: None 1.Staff responded to requests for clarification of agenda items listed on the agenda for January 8, 2008. City Manager Campbell indicated that the ordinance for the Aldi project had been changed from what was in the agenda packet. There were also changes in the ordinance for the Rayzor Ranch public hearing. A discussion of the changes for Rayzor Ranch would be included in Work Session #4. Council Member Watts questioned when the abatement for Aldi would begin. Linda Ratliff, Director of Economic Development, stated that Aldi must build the road in order to receive the tax abatement. The purpose to escrowing the funds was to ensure that it would be done. Aldi had asked that the certificate of occupancy not be held up for the building of the road. The tax abatement would be given once the road was built. Deputy Mayor Pro Tem Mulroy asked if the road improvement was considered part of the platting process. Frank Payne, City Engineer, stated yes that it was done currently. Deputy Mayor Pro Tem Mulroy asked if it were in writing to delay the public improvements and still get a building permit and certificate of occupancy. City Attorney Snyder stated that the agreement indicated that the certificate of occupancy and the building permit would be issued prior to the completion of the public improvements which contradicted code. Language needed to be added to the ordinance addressing this issue. 2.The Council received a report, held a discussion, and gave staff direction regarding projects to be included in Denton’s FY 2009 Congressional Priority Project requests. John Cabrales, Public Information Officer, stated that draft proposals of the projects were included in the agenda materials. Allthree projects were part of the 2007 priorities. The city had received COPS Technology funding which would reduce the amount requested for the training facility. Consensus of Council was to proceed with the projects as listed. 3.The Council received a report, held a discussion and gave staff direction regarding the rezoning of approximately 3,256.92 acres of land from the initial zoning of a Rural Residential (RD-5) zoning district to the Cole Ranch Master Planned Community (Cole Ranch MPC) zoning district. The property was generally located west of Interstate 35 West, south of Tom Cole Road. (MPC07-0002, Cole Ranch MPC) City of Denton City Council Minutes January 8, 2008 Page 2 Brian Lockley, Planning Manager, stated this was one of the three master planned communities processed during the past year. Overall the project still met the Comprehensive Plan land uses. He reviewed the current zoning plan, surrounding zoning and the phasing plan. The land use summary and commercial development summary were reviewed as well as the residential density and airport compatibility. Three key issues to the development included (1) airport development, (2) ESA areas, and (3) development within the flood plain. A significant portion of the Cole Ranch MPC was within the Airport Compatibility Land Use District 2. The Development Code indicated that the development must meet the noise mitigation standards or provide an aviation easement. The proposed Cole Ranch ordinance would require both an aviation easement and the application of the noise mitigation standards. Cole Ranch was proposing an alternative development plan process to be included within the MPC. He reviewed the general guidelines that would apply to all Cole Ranch DSA’s and any proposed impacts and subsequent mitigation. O. C. Vest, Stafford Company, stated that if the environmentally sensitive areas were being replaced, it would be done on an acre for acre basis. If existing environmentally sensitive areas were being enhanced, it would be done on a 2:1 ratio. Lockley stated that in regards to development within the flood plain, the current regulations allowed for development under certain conditions. The applicant was proposing to deviate from the requirement and provide standards and requirements to ensure the protection of the floodplain. He reviewed existing restrictions, minimum elevations and valley storage. Deputy Mayor Pro Tem Mulroy expressed a concern that the City might be setting a precedent on the type of land that might be reclaimed. He asked if there was a way to determine which type of floodplain could be reclaimed and define it better. Lockley replied that staff would look at the impact of flood plain on development. 4.The Council received a report, held a discussion and gave staff direction regarding proposed rezoning and 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. (Z06-0029 and Z06-0030, Rayzor Ranch) Chuck Russell, Planning Supervisor, reviewed the north and south portions of the proposed development. The northern portion would contain a combination of retail and single family residential uses. The southern portion would contain a combination of retail, residential (both single family and multifamily), two hotels, offices, museums, and park uses. Fifty percent of the non-residential uses must be occupied prior to issuing the first permit of multi-family. The Council would be considering the third phase of the project at this time. Russell reviewed the components of that phase as listed in the agenda materials. The DME Substation was a large issue still to be considered and was a critical path to complete the project. A conveyance of the property for the substation would be included in the development plan. Consensus of the Council was that the project seemed to be progressing properly. City of Denton City Council Minutes January 8, 2008 Page 3 Following the completion of the Work Session, the City Council convened in a Closed Meeting at 6:07 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A.Consultation with Attorney – Under Texas Government Code Section 551.071 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, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, settlement, annexation agreements, service plans, utility service, and legal issues relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. 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. Regular Meeting of the City of Denton City Council on Tuesday, January 8, 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 Mayor McNeill read a letter from a lady in Oklahoma responding to DME employees who helped out during recent ice storm. Mayor McNeill presented a proclamation for National Mentoring Month. 3. CONSENT AGENDA Mayor McNeill reviewed the items to be considered on the Consent Agenda. Mulroy motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A.2008-001 – An ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Service Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. City of Denton City Council Minutes January 8, 2008 Page 4 B.2008-002 - An ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. C.2008-003 - An ordinance approving an agreement between the City of Denton, Texas and the Denton Chamber of Commerce; and providing an effective date. The Economic Development Partnership Board recommended approval (7-0). D.2008-004 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Opening Doors Immigration Services for provision of assistance to victims of domestic violence; providing for the expenditure of funds therefor; and providing for an effective date. ($500) E.Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1. Evers Parks Ltd/Kebank Real EstateDCAD Sulemental Chane 2006 $ 6,814.71 yppg 2. First American/Nationstar Mortae2006 Overamen2006 $ 1,488.56 ggpyt 3. Ezell Air, Inc DCAD Supplemental Change 2006 $ 861.51 4. GCBSXX, LLC DCAD Sulemental Chane 2006 $ 829.90 ppg 5. Ezell Air, Inc DCAD Sulemental Chane 2006 $ 722.39 ppg F.2008-005 - An ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton, Texas and Robson Denton Development L. P. for the City’s participation in the oversizing of water mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. (In the not-to-exceed amount of $247,308.26). The Public Utilities Board recommended approval (6-0). G.2008-006 - An ordinance of the City of Denton authorizing the Mayor to execute an amendment to that certain Tax Abatement Agreement with Aldi (Texas) L.L.C. approved by the City Council on August 21, 2007, by providing that, as a condition of the Abatement, Aldi shall construct a certain portion of Wescourt Road so specifications acceptable to the City of Denton and further providing that the construction of Wescourt Road shall be completed and accepted by the City of Denton prior to the issuance of tax abatement by the City of Denton; providing for a severability clause; and providing an effective date. The Economic Development Partnership Board recommended approval (7-0). H.R2008-001 -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 George C. Campbell, City Manager, or his designate, to act on behalf of the city in all other matters that are related to this 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, and providing for an effective date. City of Denton City Council Minutes January 8, 2008 Page 5 I.2008-007 - An ordinance amending Ordinance 2007-260 so as to award a one- time purchase for overhead mounted and underground pad distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3886–One-Time Purchase for Overhead and Underground Distribution Transformers awarded to Wesco Distribution in the amount of $770,846, and to Techline, Inc. in the amount of $98,676 for a total award amount of $869,522). J.2008-008 - An ordinance authorizing the City Manager or his designee to execute Change Order One to the contract between the City of Denton and The Fain Group, Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 3770–Cedar Street Improvements Change Order One in the amount of $197,744.64). K.2008-009 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Lower Colorado River Authority for the acquisition of 69kV and 138kV circuit breakers for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3623–Interlocal Agreement for the Purchase of Circuit Breakers for Denton Municipal Electric awarded to Siemens Power Transmission and Distribution in the amount of $347,390). The Public Utilities Board recommended approval (6-0). L.2008-010 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of nine police sedans; providing for the expenditure of funds therefor; and providing an effective date (File 3946–Interlocal Agreement for Police Sedans with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of $205,884). M.2008-011 - An ordinance accepting competitive bids and awarding a public works contract for the construction of Shady Oaks and Brinker Paving and Drainage Improvements; providing for the expenditure of funds therefor; and providing an effective date (Bid 3897–Shady Oaks and Brinker Paving and Drainage Improvements awarded to JRJ Paving, L.P. in the amount of $2,884,059.98). N.2008-012 - An ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $3,304,057.98 between the City of Denton and Denton County for the construction of Shady Oaks Drive and Brinker Road, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. O.2008-013 - An ordinance accepting competitive bids and awarding a public works contract for the construction of Western Boulevard Drainage Phase I; providing for the expenditure of funds therefor; and providing an effective date (Bid 3929– Western Boulevard Drainage Phase I awarded to Ed Bell Construction in the amount of $4,699,337.85). City of Denton City Council Minutes January 8, 2008 Page 6 2008-014 - An ordinance authorizing the City Manager or his designee to execute P. a Professional Services Agreement with the firm of Brown Reynolds Watford Architects, Inc. to provide architectural design services for the City of Denton Senior Center; authorizing the expenditure of funds therefor, and providing an effective date (File 3943 in an amount not to exceed $145,000). Q.2008-015 - An ordinance accepting competitive bids and awarding a two year contract for mowing for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3926–Two Year Contract for Mowing awarded to the lowest responsible bidder, for each section, in the annual estimated amount of $373,316). R.2008-016 - An ordinance of the City Council of the City of Denton, Texas, approving a grant application from Elk River Investments from the Downtown Incentive Grant Program not to exceed $10,000; and providing for an effective date. The Economic Development Partnership Board recommended approval (7-0). 4.PUBLIC HEARINGS Mayor Pro Tem Kamp left the meeting. A.The Council held a public hearing and considered adoption of an ordinance regarding the initial zoning of an approximately 0.12-acre tract of land from a Rural Residential 5 (RD-5) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district and the rezoning of an approximately 1.39-acre tract of land from a Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential Mixed Use zoning district. The property was located on the north side of Teasley Lane and northwest of Old Alton Road, directly south of John H. Guyer High School. (Z07-0024, Wild Mustang Crossing) The Planning and Zoning Commission recommended (5-0). Brian Lockley, Planning Department Manager, stated that this was a request for a change in zoning on property located in southwestern portion of the city. Currently there were three parcels in the tract. The proposal called for the demolition of an existing structure and development of the site for future commercial development. 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. 2008-017 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE EXISTING NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION IN ONE City of Denton City Council Minutes January 8, 2008 Page 7 PORTION, AND ESTABLISHING INITIAL ZONING IN ANOTHER PORTION, BOTH PORTIONS TOGETHER COMPRISING APPROXIMATELY 1.51 ACRES OF LAND LOCATED ALONG THE NORTH SIDE OF TEASLEY LANE (FM 2181) AND NORTHWEST OF OLD ALTON ROAD, AND DESIGNATING THE ZONING OF THIS COMBINED AREA UNDER THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND FURTHER PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0024) Mulroy motioned, Watts seconded to adopt the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Mayor Pro Tem Kamp returned to the meeting. B.The Council held a public hearing and considered adoption of an ordinance regarding amendments to the Rayzor Ranch Overlay 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 for a zoning change from Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use (NRMU) zoning districts to base zoning districts of Neighborhood Residential Mixed Use (NRMU) and Regional Center Commercial Downtown (RCC-D) for part of the site south of U.S. 380 as well as amending of the development standards for the Rayzor Ranch Overlay District and establishing development standards (including but not limited to permitting single family detached, single family attached, multifamily and office uses) applicable to a portion of the subject property which lies south of U.S. Hwy 380; and amending Chapter 35, Subchapter 7 of the City of Denton Code of Ordinances, “Denton Development Code”, “Special Purpose and Overlay Districts” to amend section 35.7.13 “Rayzor Ranch Overlay District”. (Z06-0029 and Z06-0030, Rayzor Ranch) The Planning and Zoning Commission recommended approval (6-0). Chuck Russell, Planning Supervisor, stated that this was the third phase of the Rayzor Ranch Overlay District. Allegiance Development had submitted a request to rezone a portion of the Rayzor Ranch Development and amend the existing Special Purpose Overlay District. He reviewed the details of this phase and the proposed uses. Deputy Mayor Pro Tem Mulroy stated that the 750 units of multi-family was an increase from the original site plan but the 750 units were agreed on during the initial concept of the proposal. The Mayor opened the public hearing. Robert Baldwin, representing Allegiance, stated that they were working on the DME substation conveyance plat. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes January 8, 2008 Page 8 NO. 2008-018 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING APPROXIMATELY 87 ACRES OF LAND LEGALLY DESCRIBED IN EXHIBIT “B”, ATTACHED HERETO, FROM THE EXISTING NR-6 AND NRMU ZONING CLASSIFICATIONS AND USE DESIGNATIONS TO THE NRMU AND RCC-D ZONING CLASSIFICATION AND USE DESIGNATION, AS MODIFIED BY THE TERMS OF THE RAYZOR RANCH OVERLAY DISTRICT CLASSIFICATION HEREIN AMENDED; AMENDING BY SUPERSEDURE CHAPTER 35, SUBCHAPTER 7.13 OF THE CITY OF DENTON CODE OF ORDINANCES, “DENTON DEVELOPMENT CODE”, “SPECIAL PURPOSE AND OVERLAY DISTRICTS”; PROVIDING FOR THE REGULATION OF LAND USES AND DEVELOPMENT STANDARDS FOR THE RAYZOR RANCH OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.The Council held a public hearing and considered adoption of an ordinance amending Subchapter 16 of the Denton Development Code concerning recording of plats, construction of public improvements and building permits. (DCA06-0017, Subchapter 16) The Planning and Zoning Commission recommended approval (6-0). Frank Payne, City Engineer, stated that the main issue with this amendment dealt with the issuance and non-issuance of building permits prior to the completion of public improvements. Past policy/practice allowed exceptions for multi-family or commercial development by proceeding with building permit issuance in advance of full completion of all public improvements. These revisions maintained the provisions with respect to Single Family development in place with some cleanup of the language with regard to attaining easements and permits ahead of construction. In addition, an exception was added that allowed the developer to move forward with model homes. No building permit for multi-family or non-residential could be issued until certain minimum conditions were met. A hardship permit would also be acceptable under certain conditions. 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 January 8, 2008 Page 9 NO. 2008-019 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.16, OF THE DENTON DEVELOPMENT CODE, PERTAINING TO RECORDING OF PLATS, CONSTRUCTION OF PUBLIC IMPROVEMENTS, AND ISSUANCE OF BUILDING PERMITS; PROVIDING A PENALTY WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (DCA06-0017) Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered nominations/appointments to the City’s Boards and Commissions. Deputy Mayor Pro Tem Mulroy nominated Dr. Jean Schaake to the Planning and Zoning Commission. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “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: a. Nell Yeldell regarding update on mistakes made by city, county and state. Ms. Yeldell was not present at the meeting. C.New Business and Announcements Mayor McNeill reminded citizens of the DME energy depot which was an on line energy savings technique found on the City’s website. th Mayor McNeill reminded the citizens of the January 10 property maintenance meeting at the Martin Luther King, Jr. Recreation Center at 6 p.m. Mayor Pro Tem Kamp asked for consideration of the legal process for catch, neuter, and release for feral cats. Mayor McNeill asked that the report include what other cities were doing, how effective their practices were, success rates, etc. Deputy Mayor Pro Tem Mulroy stated that Bill Thomas had made a presentation asking for specific ideas for downtown parking. He would like to move forward that report. City of Denton City Council Minutes January 8, 2008 Page 10 Deputy Mayor Pro Tem Mulroy requested an update on new drainage projects as a result of the issuance of the certificates of obligation. The memo with the construction schedule should be posted to the City’s website. D.City Manager’s Report City Manager Campbell did not have any items for Council. E.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. F.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 7:39 p.m. _________________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ___________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS