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June 17, 2008 MinutesCITY OF DENTON CITY COUNCIL MINUTES June 17, 2008 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 17, 2008 at 3:30 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, Moreno, Thomson, and Watts. ABSENT: None 1. Staff responded to requests for clarification of agenda items listed on the agenda for June 17, 2008. Council Member Watts questioned Consent Agenda Item F. He asked if the $337,000 was part of $3.1 million for the intermodal station. Mark Nelson, Chief Transportation Officer, replied yes that it would be billed back to the grant. Council Member Watts asked if that were a federal grant. Nelson replied correct. Council Member Watts asked about who would be responsible for cost overruns. Nelson replied that the City would be responsible but there were measures built in so that there would not be any overruns. Council Member Watts questioned Consent Agenda Item J. He asked about self fueling at the airport -could someone have his own fuel operation and did the City receive revenue from the fixed based operator. Nelson replied that the FAA permitted any aircraft to self fuel. The fixed base operator did not have to be used. The City received revenue from both the self fuel operation and the fixed base operator. Mayor Pro Tem Kamp stated that Item J also set standards at the airport. Nelson replied correct that minimum development standards were included in the ordinance. Council Member Moreno stated that Consent Agenda Items 3B and 3C would have to be pulled for separate consideration as he had a potential conflict of interest with those two items. Mayor McNeill asked that Item 5I be done after SE. He also indicated that there would be no Closed Session as the Legal Department did not have a report on JNC. 2. The Council received a presentation from Jim Schermbeck from Downwinders at Risk, a non-profit citizens' group, on "green cement", which is the purchasing of bulk cement or cement in concrete according to how much air pollution is released in the cement's production process. It also held a discussion and considered staff direction based on this presentation. Kenny Banks, Environmental Quality Manager, stated that the Council Committee on the Environment had received this presentation at an earlier meeting. This topic was relevant to ozone and air quality in Metrolplex area. Jim Schermbeck, Downwinders at Risk, represented anon-profit citizens' group that was interested in air quality. His presentation described the nature of ozone problems being faced by North Texas, and described the concept of "green cement purchasing". Green cement purchasing involved the purchase of bulk cement and cement in concrete according to how much air pollution was released during the manufacturing of the cement. Enacting green cement City of Denton City Council Minutes June 17, 2008 Page 2 purchasing policies was an effort by local governments in the DFW area to persuade the operators of the oldest and dirtiest cement kilns to either modernize existing "wet kiln" plants or build new, less-polluting "dry kiln" plants. Midlothian's three "wet kiln" cement plants accounted for up to approximately half of all the smog-forming pollution released in the nine county DFW "non-attainment area" for ozone. The idea of green cement was endorsed by the North Central Texas Council of Government's North Texas Clean Air Steering Committee in October 2006, and green cement resolutions have been adopted by Dallas, Ft. Worth, Arlington and Plano. Mayor Pro Tem Kamp asked where the City bought cement now. Banks replied most of it came from TXI and Ash Grove. He also stated that Denton purchased more concrete rather than cement and that the contractor should supply green cement. Consensus of the Council was to work with the legislature to promote this idea. 3. The Council received a report, held a discussion and gave staff direction regarding various issues relating to the Rayzor Ranch mixed use development located on the north and south sides of Hwy 3 80 at I-3 5, including but not limited to, drainage, overlay district amendments, a Denton Municipal Electric substation site agreement, a developer's agreement for the construction of Hwy 3 80 between Bonnie Brae and I-3 5, and a special sign district. Linda Ratliff, Director of Economic Develoment, stated that there were items on the agenda for Council to consider in order to meet deadlines for Walmart, Sams and Lowes for clearing and grading on the north site. Chuck Russell, Planning Supervisor, presented the background of the project. The northern tract consisted of approximately 153 acres and the southern consisted of approximately 257 acres. The southern site had been cleared and graded while the northern site was undeveloped with no clearing and grading. The Master Plan for the development was being updated. The northern portion would have three big box stores (Lowes, Sams and Walmart), out parcel stores and single family detached to be developed in far future. A water quality feature would be used to help filter water before going into North Lakes pond. The southern site would be a combination of retail, outparcel retail, residential development of 750 multi-family units, 500 townhomes and 200 single-family units plus office, a hotel, movie theater and museum. The development had gone through a Comprehensive Plan amendment for the entire development in three phases. An overlay district for the development permitted variations and alternatives to the Development Code in order to permit this development. One big issue was transportation. US 3 80 was in need of expansion and improvement which the developer had taken over the project for funding and engineering needed to build out this section of US 380. The overall development agreement laid out who would be responsible for what. Bonnie Brae was another major component for transportation. Bonnie Brae would be improved with a dedicated right turn lane. There would also be the dedication of a 2 acre site for a DME substation. Russell continued that the developer wanted a pedestrian friendly development. Another issue was drainage as most of northern site and 75 acres on south drained to a point under Bonnie Brae to North Lakes pond. The Army Corps of Engineers also had wetlands in the area so the developers would have to go through a permit process to mitigate the area. The developer had chosen the option to pay a credit to the Corps and had satisfied the Corps requirements. There City of Denton City Council Minutes June 17, 2008 Page 3 was also an issue with the flood plain which required a map change from FEMA. That issue had also been completed. One other issue dealt with North Lakes pond and the old earthen dam around it. The architectural guidelines had been approved for Walmart and Sams and preliminarily for Lowes. The developer would be required pay $215,000 into the City's tree mitigation fund as trees were removed from the northern site without a permit. This must be done before a building permit would be issued. Russell stated that because this was a unique project, it warranted a unique sign district. This would require an amendment to the Development Code relative to signs. It would change the definition of premise sign. This amendment would allow for the relocation of the current billboard at the old Kmart site to a site on the northern corner of the property. The southern portion of the development would need a site for a DME substation. The transfer of property for this substation would get the proj ect underway. Council Member Watts asked about the letter of credit for the construction costs for widening US 3 80 and the cost estimate for the project. Frank Payne, City Engineer, stated that it would be approximately $8-$10 million. Council Member Watts expressed concern about the letter of credit. A developer for another widening project was required to do a cash deposit. He was in favor of this project but was concerned that if the project did not have enough money for tree mitigation, he didn't want to see the City have problems with the development's funding. He asked what was needed for a letter of credit. Payne stated that staff had a lot of discussion regarding whether or not to bring the letter of credit forward. The main reason for a letter of credit was the management of cash flow. The letter guaranteed the money between the City and the developer and would be used only if the developer were in default. Noah Shores, developer, stated that the funding for the letter of credit would be between the city and the bank. Rex Paine, developer, stated that they were financially capable of doing the project. The letter of credit spelled out the terms on which money would be drawn by the city if the project went into default. Council Member Watts asked about the two letters of credit. Payne stated that one was for the roadway project and one for inspections. Council Member Moreno questioned the bank collateral. Paine stated that was not subj ect to the terms of the agreement. Council Member Watts stated that part of his concern was that the City might be setting a precedence as other developers might want the same deal. City of Denton City Council Minutes June 17, 2008 Page 4 Council discussed the letter of credit, the guarantee of money, and what happened if the project defaulted. Following the completion of the Work Session, the City Council convened in a Closed Meeting 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. 1. Received, considered and held a discussion related to a briefing from City's Attorneys, relating to claims, potential claims, and settlement thereof for matters pertaining to JNC Partners Denton, LLC v. City of Denton, including legal advice related to future annexation, zoning, subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, water rights, permitting and other legal issues related to the future development of land, as proposed by JNC Partners Denton, LLC. At 5:30 p.m., the Council attended a Mayoral Reception in the City Hall Conference Room. Regular Meeting of the City of Denton City Council on Tuesday, June 17, 2008 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE 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. Resolution of Appreciation for Ed Snyder Mayor McNeill read the Resolution of Appreciation. Mulroy motioned, Heggins seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. Mayor McNeill presented a plaque of appreciation to Mr. Snyder. 2. Resolution of Appreciation for Random Acts of Kindness Month Mayor McNeill read the Resolution of Appreciation. City of Denton City Council Minutes June 17, 2008 Page 5 Kamp motioned, Mulroy seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. Mayor McNeill presented the following proclamations: Firefighter Mike Schmidt Day and Parks and Recreation Month B. June Yard-of the-Month Awards June Yard of the Month awards were not done. 3. CONSENT AGENDA Mayor McNeill reviewed the items to be considered on the Consent Agenda. Council Member Watts requested that Items B and C be pulled for separate consideration. Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items B and C. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. Council Member Moreno left the meeting with a conflict of interest. Item B was considered. Mulroy motioned, Kamp seconded to approve Item B. On roll vote, Heggins "aye", Kamp "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried unanimous y. Item C was considered. Thomson motioned, Watts seconded to approve Item C. On roll vote, Heggins "aye", Kamp "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried unanimous y. Council Member Moreno returned to the meeting. A. 2008-121 - An ordinance providing for the sale of real property located at 2535 Charlotte Street and the use of sales proceeds for support of Community Development programs; and providing for an effective date. B. 2008-122 - An ordinance of the City Council of the City of Denton, Texas, approving the Second Amendment to that agreement between the City of Denton and the Denton Affordable Housing Corporation; authorizing the City Manager to execute the Second Amendment and to expend funds with respect to the Second Amendment; and providing for an effective date. City of Denton City Council Minutes June 17, 2008 Page 6 C. R2008-023 - A resolution adopting new program guidelines to reduce the amount of per unit assistance under the Impact Fee Incentive Grants Program to pay water and wastewater impact fees for single family affordable housing residential units; and providing an effective date. D. 2008-123 - 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 Doosan D 160 Pneumatic Tire Forklift for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4072-Interlocal Agreement for the purchase of Forklift for Denton Municipal Electric awarded to Darr Equipment Co. in the amount of $120,390). The Public Utilities Board recommended approval (4-0). E. 2008-124 - An ordinance accepting competitive bids and awarding a public works contract for the installation of one autotransformer pad and three concrete control house building foundations a the RD Wells Interchange; providing for the expenditure of funds therefor; and providing an effective date (Bid 4038-RD Wells Autotransformer Pad and Concrete Building Foundations awarded to Cates, Courtney and Roebuck, Inc. in the amount of $104,610. The Public Utilities Board recommended approval (4-0). F. 2008-125 - An ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with the firm of Carter & Burgess, Inc. to provide engineering, design and construction management services for the Downtown Denton Transit Center; authorizing the expenditure of funds therefor, and providing an effective date (File 4014 in an amount not to exceed $337,590). G. 2008-126 - An ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with the firm of Carter & Burgess to provide architectural design services for the update of the existing Comprehensive Parks, Recreation and Open Space Master Plan for the City of Denton; authorizing the expenditure of funds therefor, and providing an effective date (File 4069 in an amount not to exceed $109,800). H. 2008-127 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of a Liebert 30 ton air cooled system for the Technology Services Computer Room, 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 4073- Purchase of Air Conditioning Unit for Technology Services Computer Room awarded to Liebert/Tech Plan, Inc. in the amount of $59,375). I. 2008-128 - An ordinance accepting competitive bids and awarding athree-year contract for the purchase of temporary employment services for various City of Denton departments for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 4058-Three-Year Contract City of Denton City Council Minutes June 17, 2008 Page 7 for Temporary Employment Services awarded to Express Employment Professionals in the annual estimated amount of $200,000 for an estimated three year total of $600,000). J. 2008-129 - An ordinance of the City of Denton, Texas, approving and authorizing the establishment of minimum standards for self fueling of aircraft utilizing tenant self operated fuel farms at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommended approval (5-0). K. R2008-024 - A resolution expressing on behalf of the City of Denton, an interest in participating in a grant offer from the Texas Department (TxDOT) to fund an Airport Business Plan relating to the Denton Municipal Airport; demonstrating that the City of Denton has requisite matching finds in the amount of $50,000.00; confirming agreement to pay a portion of the total project costs; and providing an effective date. The Airport Advisory Board recommended approval (5-0). L. 2008-130 - An ordinance approving an Ingress/Egress Easement by and between the City of Denton, as grantor and Oncor Electric Delivery Company, LLC, as grantee, regarding a 0.046 acre tract of land located in the Myers, Johnson, Brummet and Greene Survey, Abstract No. 1699, City of Denton, Denton County, Texas; providing an effective date. The Public Utilities Board recommended approval (4-0). M. 2008-131 - An ordinance authorizing the City Manager to approve a Designation of Pooled Unit and Amendment and Ratification of Oil and Gas Leases (Meredith No. 1 Unit) with Endeavor Energy Resources, L.P. for 3.13 acres, more or less, of the S.A. Ventures Survey, A-1315, being the Hickory Creek Substation site. N. Approved the minutes of: May 6, 2008 May 13, 2008 May 20, 2008 0. R2008-025 - A resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such additional bonds and the use of the proceeds of such bonds; and making certain findings in connection therewith; and providing an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered the adoption of an ordinance of the City of Denton, Texas, for a zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 13 8 (PD-13 8) zoning districts to the Inspiration Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract City of Denton City Council Minutes June 17, 2008 Page 8 Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommended approval (7-0). (MPC07-0001, Inspiration) Brian Lockley, Planning Manager, presented the details of Inspiration, a master planned community. The project included 3,3 31 acres of land located on both sides of I3 5 W between Robson Ranch and Vintage Blvd. The development included a mix of residential, retail, commercial and open space/recreational uses. The single-family to multi-family ratio was 77.8% to 22.2%. Schools in the development included an elementary, middle and high school. Current zoning for the property was agriculture. The development plan map identified the actual locations of the zoning uses in the development. Gas wells were being planned in association with the surrounding land uses. Two neighborhood meetings produced the following concerns by area residents: traffic on Robson Ranch Road, the location of the elementary school and private park, multi-family units along Robson Ranch Road, no buffer between Robson Ranch and Hunter Ranch with a 50 foot buffer being requested by the residents. The developer agreed to these changes: the traffic plan was to improve Robson Ranch Road to a four lane divided road in 3-5 years; no schools or parks would be located adjacent to Robson Ranch property, multi- family units along Robson Ranch Road would be reduced to 3 52 units instead of the original 704 units, and the single family residential lots within Hunter Ranch would be the same size or larger than those adjacent lots in Robson Ranch. One third of the development would be open space. Opposition letters represented less than 3% of the land area. Council discussed the multi-family density, the traffic impact due to increased traffic and the fact that Robson Ranch Road was currently not designed to handle large amounts of traffic, and the number of single-family units that had to be developed before any multi-family could be started. Deputy Mayor Pro Tem Mulroy restated that Planning and Zoning Commission's conditions - the relocation of the elementary school, the relocation of the private park, the relocation of the multi-family development on Robson Ranch Road and the same size homes or larger homes adjacent to Robson Ranch. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Larry Reichhart, representing the developer, spoke in favor. Council discussed with Mr. Reichhart traffic in terms of ingress and egress, phasing of the multi- family in terms of single family units, utility services especially water, the area of the development to start building, the concept of live/work/play in the neighborhood as opposed to the outdated concept of driving to services, and the time frame between phases. David Dunning, representing the developer, spoke in favor Peter Day, 9109 Perimeter, Denton, 76207 -opposed Jack Faegre,10016Hanford Drive, Denton, 76207 -opposed Jim Erickson, 9113 Perimeter, Denton, 76207 -opposed City of Denton City Council Minutes June 17, 2008 Page 9 Betty Erickson, 9113 Perimeter, Denton, 76207 -opposed Ray Wazny, 9117 Perimeter, Denton, 76207 -opposed Robert Hal1,11712 Lynn Brook, Denton, 76207 -opposed Kathleen Wazny, 9117 Perimeter, Denton, 76207 -opposed Comment cards were received from the following: Mark Aberbach, 9617 Callaway Court, Denton, 76207 -support Lana Aberbach, 9617 Callaway Court, Denton, 76207 -support Carolyn Huggins, (no address given) -support Nancy and Gary Tong, 9417 Perimeter, Denton, 76207 -opposed Jim Christie,11704 Oak Brook Court, Denton, 76207 -opposed Dan Hurt,11200 Landmark Court, Denton, 76207 -opposed Tom and Susan Solometo,10100 Soriano Street, Denton, 76207 -oppose Larry Comunale, 9709 Cypress, Denton, 76207 -opposed James Murphy, 9500 Perimeter, Denton, 76207 -opposed Kate Murray, 9500 Perimeter, Denton, 76207 -opposed Kathryn Sapp, (no address given) -opposed Charlene Cottingham,1005 Southpoint Court, Denton, 76207 -opposed Norma Thompson, 9604 Pepperwood, Denton, 76207 -opposed Richard and Lora Bolstad, 9405 Avalon Drive, Denton, 76207 -opposed Alice Fellows, 9024 Crestview, Denton, 76207 -opposed Ted and Shelly Kahl, 9017 Gardenia, Denton, 76207 -opposed Bobbie and Larry Jones, 9621 Pepperwood Trail, Denton, 76207 -opposed Elma Walker, P.O. Box 856, Denton, 76202 -opposed Norman and Carol Wachal, 8909 Grandview, Denton, 76207 -opposed Bette Watson,11012 LaJolla Way, Denton, 76207 -opposed Shirlyan Hurt,11200 Landmark Court, Denton, 76207 -opposed Hugh and Doris Lashlee,10901 Murray Johnson, Denton, 76207 -opposed Rebecca Laschinger,10300 Countryside, Denton, 76207 -opposed Pat Henderson,10000 Countryside, Denton, 76207 -opposed Hary Oslzak, 95018 Perimeter, Denton, 76207 -opposed Steve and Carmen Kwong, 9108 Kingston, Denton, 76207 -opposed Mr. Reichhart was allowed a five minute rebuttal. The Mayor closed the public hearing. Council Member Watts expressed a concern about a control mechanism to ensure the infrastructure would be adequate prior to the beginning of the development and asked if there were a way to control the development until the infrastructure were in place. Lockley stated that staff shared the concern and that the control process was through the platting process. To approve the plat the developer must demonstrate adequate water, sewer, etc. However, Council should remember that they were only considering the land use at this time. Later if the infrastructure were not adequate, staff would recommend denial of the plat. City of Denton City Council Minutes June 17, 2008 Page 10 Council Member Watts asked if the area were already at stop gap at Robson based on water/wastewater, how would that coincide with Inspiration. Lockley stated that it would be handled at the platting process. Council Member Thomson asked what kind of fence was between Robson and Inspiration. Lockley stated that a wrought iron fence was shown on the development plan. Council Member Thomson suggested adding a fence to the buffer. Council Member Moreno asked if the developer could start his phasing at the north end of the property instead of the area adj acent to Robson Ranch. Gary Lane, developer, felt that a strip of land as a buffer would gain anything except for space for "bad things" to go on. He was already committed to building the same or larger homes along the border with Robson Ranch. The phasing was being done as proposed because that would provide the best water infrastructure and road infrastructure. As the development progressed, they would have to provide details on how the rest of the infrastructure would work. Mayor McNeill asked if there would then be a wrought iron fence along the Robson Ranch property and a solid fence along Inspiration. Lockley replied that Robson Ranch had the wrought iron fence and Inspiration would have a solid screen fence along the perimeter. Council Member Watts stated that there was not adequate infrastructure when Robson Ranch was built and Inspiration was doing the same as Robson. Lockley stated yes that the development was allowed to build up to its ability to serve the developed lots. Mayor Pro Tem Kamp asked about the public areas. Reichhart replied that there would be a variety of different park spaces from 1 to 2 acres both active and passive connected to trails. Mayor Pro Tem Kamp asked who would build the parks and who would maintain them. Reichhart replied that the developer would build them and the homeowners association would maintain them. Deputy Mayor Pro Tem Mulroy asked if there were a buffer, would there still be a fence or would it be fence, buffer, fence. Lockley stated that would have to be worked out, including the fencing type and maintenance. City of Denton City Council Minutes June 17, 2008 Page 11 Mulroy motioned, Heggins seconded to continue this item to the July 15th meeting and to request that the developer of Inspiration coordinate with the developer of Robson Ranch to bring forward a solution for the total north/south access, common boundary for buffering (fencing) and maintenance of the buffer area. On ro11 vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimous y. B. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for a Comprehensive Plan Amendment from a "Neighborhood Centers" future land use designation to a "Community Mixed Use Centers" future land use designation; the area for adoption of amendment is on 88.54 acres of land located at the southwest corner of Vintage Boulevard and Bonnie Brae Street, and is legally described as Exhibit A, in the City of Denton, Denton County, Texas; Providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommended approval of CA08-0002 (5-0). The Planning and Zoning Commission recommended approval of CA08-0003 (6-0). (CA08-0002, Public Safety Training Facility ~ CA08-0003, Fire Station #7) Brian Lockley, Planning Division Manager, presented a report for both Items B and C. Item B dealt with a Comprehensive Plan amendment. The Denton Development Plan did not designate a specific future land use designation for public facilities, therefore an amendment to a community mixed use center designation would allow for the institutional uses proposed. Item C was a change in zoning from a Planned Development 139 and Neighborhood Residential Mixed Use zoning district classifications to Community Mixed Use Center. A restrictive overlay for the specific types of uses associated with the public safety training facility and fire station was also included. Staff recommended approval as did the Planning and Zoning Commission. The Mayor opened the public hearings for Items B and C. No one spoke during the public hearings. The Mayor closed the public hearings. The following ordinance was considered: N0.2008-132 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A COMPREHENSIVE PLAN AMENDMENT FROM A "NEIGHBORHOOD CENTERS" FUTURE LAND USE DESIGNATION TO A "COMMUNITY MIXED USE CENTERS" FUTURE LAND USE DESIGNATION; THE AREA FOR ADOPTION OF AMENDMENT IS ON 88.54 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF VINTAGE BOULEVARD AND BONNIE BRAE STREET, AND IS LEGALLY DESCRIBED AS EXHIBIT A, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. City of Denton City Council Minutes June 17, 2008 Page 12 Watts motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Moreno "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 of the City of Denton, Texas, providing for a zoning change from a Planned Development 139 (PD- 139) and Neighborhood Residential Mixed Use (NRMU) zoning district classifications and use designation to Community Mixed Use Center (CM-G) zoning district classification and use designation; the area for zoning change encompasses 88.54 acres of land located at the southwest corner of Vintage Boulevard and Bonnie Brae Street, and is legally described as Exhibit A, in the City of Denton, Denton County, Texas; Providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommended approval of Z08-0007 (5-0). The Planning and Zoning Commission recommended approval of 208-0011 (6-0). (208-0007, Public Safety Training Facility ~ 208- 0011, Fire Station #7) The public hearing for this item was considered with Item B. The following ordinance was considered: N0.2008-133 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A PLANNED DEVELOPMENT 139 (PD-139) AND NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATION TO COMMUNITY MIXED USE CENTER (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; THE AREA FOR ZONING CHANGE ENCOMPASSES 88.54 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF VINTAGE BOULEVARD AND BONNIE BRAE STREET, AND IS LEGALLY DESCRIBED AS EXHIBIT A, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. Thomson motioned, Watts seconded to adopt the ordinance with a CM-G zoning designation and the associated overlay district. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending Subchapter 3 5.15.10.6 of the Denton Development Code pertaining to the definition of "premise" as it relates to signs, amending Subchapter 35.15.10.6 of the Denton Development Code pertaining to the relocation of signs, and creating Subchapter 3 5.15.18.8 of the Denton Development Code pertaining to relocation, reduction and mitigation of legally nonconforming and prohibited signs; providing for a penalty clause with the maximum amount of $2,000.00 for violations thereof; and providing for an effective date. The Planning and Zoning Commission recommended approval (6-0). (DCA08-0004, Subchapter 15 Development Code Amendments) City of Denton City Council Minutes June 17, 2008 Page 13 Chuck Russell, Planning Supervisor, stated that the proposed amendment would allow tenants within a shopping or business center to share ground signs regardless of ownership. Multiple owners or tenants would not be required to construct multiple ground signs to generate visibility for their businesses. The amendment also allowed for the revised definition of premise as it related to signs and for the definition of premise and relocation and mitigation of legally nonconforming and prohibited signs. The Mayor opened public hearing. No one spoke during public hearing. The Mayor closed the public hearing. The following ordinance was considered: N0.2008-134 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER 35.15.10.6 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE DEFINITION OF "PREMISE" AS IT RELATES TO SIGNS, AMENDING SUBCHAPTER 35.15.10.6 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE RELOCATION OF SIGNS, AND CREATING SUBCHAPTER 35.15.18.8 OF THE DENTON DEVELOPMENT CODE PERTAINING TO RELOCATION, REDUCTION AND MITIGATION OF LEGALLY NONCONFORMING AND PROHIBITED SIGNS; PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Heggins motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. E. The Council continued a public hearing and considered adoption of an ordinance of the City of Denton, Texas, regarding a proposed special sign district within a Neighborhood Residential Mixed Use zoning district. The special sign district designation will allow for two multi-tenant ground signs to serve the Hickory Creek Plaza shopping center with the exception of three lots. The subject shopping center is located on the southeast corner of Teasley Lane (F.M. 2181) and Hickory Creek Road in the City of Denton, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommended approval (5-1). (SD08-0001, Hickory Creek Plaza) The Mayor opened the public hearing. No one spoke during the public hearing. City of Denton City Council Minutes June 17, 2008 Page 14 Mulroy motioned, Thomson seconded to continue the public hearing to the July 15th meeting. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. F. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for a special sign district within the Rayzor Ranch Overlay zoning district. The subject property contains approximately 410 acres and is located generally on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street and is legally described in the attached Exhibit 7; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommended approval (6-0). (SD07-0001, Rayzor Ranch Special Sign District) Chuck Russell, Planning Supervisor, stated that this request was for a special sign district for Rayzor Ranch. The applicant was requesting that the framework for this district be approved at this time in order for them to meet critical time sensitive obligations regarding the development of a proposed Wal-mart and Sam's stores. A current billboard wold be reloated from U.S. 380 to the I-3 5 frontage road with a net impact of reducing the total number of billboards for 2 to 1 on t e site. The Mayor opened the public hearing. Robert Baldwin, representing the developer, spoke in support of the recommendation. The Mayor closed the public hearing The following ordinance was considered: N0.2008-13 5 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A SPECIAL SIGN DISTRICT WITHIN THE RAYZOR RANCH OVERLAY ZONING DISTRICT. THE SUBJECT PROPERTY CONTAINS APPROXIMATELY 410 ACRES AND IS LOCATED GENERALLY ON BOTH SIDES OF U.S. HIGHWAY 380 (WEST UNIVERSITY DRIVE), BETWEEN INTERSTATE HIGHWAY 35 AND BONNIE BRAE STREET AND IS LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT 7; 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, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. G. The Council held a public hearing and considered adoption of an ordinance of the City of Denton creating a Special Purpose and Overlay District to be known as the West Oak Area Historic District, on approximately 52.01 acres of land generally located in the City of Denton, Denton County, Texas; amending Subchapter 7 of the Denton Development Code by City of Denton City Council Minutes June 17, 2008 Page 15 adding Section 35.7.13 "West Oak Area Historic District" creating and providing for regulations for the West Oak Area Historic District, including architectural, sign, and parking regulations; providing for a penalty in the maximum amount of $2,000 for violations thereof; providing for a severability clause; and providing for an effective date. The Historic Landmark Commission recommended approval (8-0). The Planning and Zoning Commission recommended approval (6- 0). Julie Glover, Historic Preservation Officer, presented the details of the proposal. She stated that the West Oak Area neighborhood was an important architectural and cultural cross-section of the City. Twenty homes in the proposed historic district were listed as a high priority for preservation on the 1995 History Resources Inventory with two being O'Neil Ford designs. Forty four notices were returned in favor, 32 in opposition with some of the opposition being outside the distance notification. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Peggy Capps, 915 W. Oak, Denton, 76201-favor Karen DeVinney,1820 W. Oak, Denton, 76201-favor Donna Morris, 918 W. Oak, Denton, 76201-favor Elise Ridenour, 2044 W. Oak, Denton, 76201-favor Linda Lavender, 610 W. Oak, Denton, 76201-favor Mary Anderson, 924 W. Oak, Denton, 76201-favor David Wright,1819 W. Oak, Denton -favor JoAnn Nunnelly, 2215 Houston Place, Denton, 7201-favor Mayor McNeill noted that there were 34 non-speaker cards submitted in support of the proposal and 7non-speakers in opposition. Eddie Lane, 111 W. McKinney, Denton 76201, spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: N0.2008-136 AN ORDINANCE OF THE CITY OF DENTON CREATING A SPECIAL PURPOSE AND OVERLAY DISTRICT TO BE KNOWN AS THE WEST OAK AREA HISTORIC DISTRICT, ON APPROXIMATELY 52.01 ACRES OF LAND GENERALLY LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING SUBCHAPTER 7 OF THE DENTON DEVELOPMENT CODE BY ADDING SECTION 35.7.13 "WEST OAK AREA HISTORIC DISTRICT" CREATING AND PROVIDING FOR REGULATIONS FOR THE WEST OAK AREA HISTORIC DISTRICT, INCLUDING ARCHITECTURAL, SIGN, AND PARKING REGULATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT City of Denton City Council Minutes June 17, 2008 Page 16 OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Watts motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. H. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas updating Impact Fees by Amending Chapter 26, "Utilities," Section 26- 210 through Section 26-232 of the City of Denton Code of Ordinances; adopting revised Land Use Assumptions and Capital Improvements Plans for Water and Wastewater Impact Fees; establishing new service areas for water impact fees; establishing new maximum impact fees per service unit and impact fees to be collected; creating schedules for the assessment and collection of impact fees; repealing section 26-222 (d); amending section 26-226 regarding appeals; repealing conflicting ordinances and resolutions; providing for a severability clause; providing for a penalty not to exceed $2,000 for each violation thereof; and providing an effective date. City Manager Campbell requested that this item be postponed to a date certain. The Mayor opened the public hearing. Mulroy motioned, Kamp seconded to postpone the item to the July 15th meeting and continue the public hearing at that time. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance on second and final reading of the City of Denton, Texas, annexing by consent tracts of land consisting of approximately 484.84 acres, contiguous and adjacent to the City of Denton, generally located on the west side of Locust Street and south of Milam Road; approving a service plan for the annexed property; providing a severability clause and an effective date. The Planning and Zoning Commission recommended the annexation proceed as presented (7-0). (A07-0006, Hills of Denton North Annexation) The following ordinance was considered: N0.2008-137 AN ORDINANCE ON SECOND AND FINAL READING OF THE CITY OF DENTON, TEXAS, ANNEXING BY CONSENT TRACTS OF LAND CONSISTING OF APPROXIMATELY 484.84 ACRES, CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, GENERALLY LOCATED ON THE WEST SIDE OF LOCUST STREET AND SOUTH OF MILAM ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. City of Denton City Council Minutes June 17, 2008 Page 17 Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance approving a Development Agreement between the City of Denton and Allegiance Hillview, L.P., a New York limited partnership acting by and through its general partner, TH GP LLC (d/b/a TH Denton GP LLC), a Delaware limited liability company (hereinafter called "Developer") for securing the funding associated with the construction of the widening of U.S. Highway 380 through the Rayzor Ranch Development, reimbursement for third party inspection services for the highway construction and the expenditure of utility funds for the relocation of water and wastewater utilities between IH35 and Bonnie Brae Road. The Public Utilities Board recommended approval (4-0). Council Member Watts expressed concerns regarding the irrevocable letter of credit. The letter would be issued in the name of Hillview, L.P. and could be assigned to successive developers. City Manager Campbell stated that the letter of credit would not go away if developers changed. Frank Payne, City Engineer, stated that Section 15 of the agreement stated that a permitted assignee would assume all legal and financial obligations of the Developer and must furnish proof of financial status either with cash or a letter of credit. The following ordinance was considered: N0.2008-13 8 AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON AND ALLEGIANCE HILLVIEW, L.P., A NEW YORK LIMITED PARTNERSHIP ACTING BY AND THROUGH ITS GENERAL PARTNER, TH GP LLC (D/B/A TH DENTON GP LLC), A DELAWARE LIMITED LIABILITY COMPANY (HEREINAFTER CALLED "DEVELOPER") FOR SECURING THE FUNDING ASSOCIATED WITH THE CONSTRUCTION OF THE WIDENING OF U.S. HIGHWAY 380 THROUGH THE RAYZOR RANCH DEVELOPMENT, REIMBURSEMENT FOR THIRD PARTY INSPECTION SERVICES FOR THE HIGHWAY CONSTRUCTION AND THE EXPENDITURE OF UTILITY FUNDS FOR THE RELOCATION OF WATER AND WASTEWATER UTILITIES BETWEEN IH35 AND BONNIE BRAE ROAD. Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving a development agreement for Rayzor Ranch (DME site) by and between the City of Denton, Texas and Allegiance Hillview, L.P., a New York limited partnership acting by and through its general partner, TH GP LLC (d/b/a TH Denton GP LLC), a Delaware limited liability company, providing for the developer's conveyance of a certain two acre tract of land to the City in order for the City to provide an electric substation to serve the development; and the City's acquisition City of Denton City Council Minutes June 17, 2008 Page 18 of easements and the relocation of existing electric transmission lines as are necessary for the City to construct a certain "right turn only lane" together with other matters; and providing an effective date. The Public Utilities Board recommended approval (4-0). The following ordinance was considered: N0.2008-139 AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR RAYZOR RANCH (DME SITE) BY AND BETWEEN THE CITY OF DENTON, TEXAS AND ALLEGIANCE HILLVIEW, L.P., A NEW YORK LIMITED PARTNERSHIP ACTING BY AND THROUGH ITS GENERAL PARTNER, TH GP LLC (D/B/A TH DENTON GP LLC), A DELAWARE LIMITED LIABILITY COMPANY, PROVIDING FOR THE DEVELOPER'S CONVEYANCE OF A CERTAIN TWO ACRE TRACT OF LAND TO THE CITY IN ORDER FOR THE CITY TO PROVIDE AN ELECTRIC SUBSTATION TO SERVE THE DEVELOPMENT; AND THE CITY'S ACQUISITION OF EASEMENTS AND THE RELOCATION OF EXISTING ELECTRIC TRANSMISSION LINES AS ARE NECESSARY FOR THE CITY TO CONSTRUCT A CERTAIN "RIGHT TURN ONLY LANE" TOGETHER WITH OTHER MATTERS; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried unanimously. D. Council considered nominations/appointments to the city's Boards and Commissions. Mayor McNeill stated that he did not have a nomination to the Historic Landmark Commission. He also stated that as a result of the runoff election, he would be resigning from the Economic Development Partnership Board and the TMPA Board of Directors. E. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the Runoff Election to elect a Mayor to Place 7 of the City Council of the City of Denton, Texas held in the City of Denton on June 14, 2008; and providing an effective date. Jennifer Walters, City Secretary, read the final results of the election into the official record noting that Mark Burroughs had received the majority of votes for Mayor. The following ordinance was considered: N0.2008-140 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE RUNOFF ELECTION TO ELECT A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE CITY OF DENTON ON JUNE 14, 2008; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes June 17, 2008 Page 19 Heggins motioned, Watts seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. Item I was considered. I. Resolution related to Mayoral Election. Deputy Mayor Pro Tem Mulroy read a Resolution of Appreciation for Perry McNeill. Watts motioned, Thomson seconded to approve the Resolution. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", and Watts "aye". Motion carried unanimous y. F. Oath of Office administered to newly elected Mayor. Jennifer Walters, City Secretary, administered the oath of office to Mark Burroughs, Mayor. G. Election of Mayor Pro Tempore. Mayor Burroughs requested that this item and the item regarding the Deputy Mayor Pro Tem position be tabled until July 15tH Watts motioned, Thomson seconded to table the election of a Mayor Pro Tem and Deputy Mayor Pro Tem until the July 15th meeting. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimous y. H. Election of Deputy Mayor Pro Tempore. This item was tabled until July 15th J. Citizen Reports 1. Council held a review of the procedures for addressing the City Council. 2. Council received citizen reports from the following: A. Robert Donnelly regarding open government. Mr. Donnelly was not present at the meeting. K. New Business and Announcements • Council Member Heggins invited everyone in attendance to an unveiling of a new picture of Martin Luther King, Jr. at the MLK Center. City of Denton City Council Minutes June 17, 2008 Page 20 • Council Member Watts request a j oint meeting with Economic Development Partnership Board. L. City Manager's Report City Manager Campbell did not have a report. M. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. N. 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 adj ourned at 11:05 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS