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October 7, 2008 Minutes CITY OF DENTON CITY COUNCIL MINUTES October 7, 2008 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 7, 2008 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, Thomson, and Watts. ABSENT: None 1.Staff responded to requests for clarification of agenda items listed on the agenda for October 7, 2008. Council Member Watts asked about Consent Agenda A, pipe bursting system, and how that procedure differed from the normal procedure. PS Arora, Division Manager-Wastewater Administration, stated that this system did not have any impact on the road as it did not open cut the road. This system pulled the new pipe through the old pipe. It saved time, had less traffic disruption and cost less. Council Member Watts asked if the Highway 380 project appraisal services for Consent Agenda Item B was $3,500 per appraisal or up to a total amount of $3,500. Paul Williamson, Real Estate Manager, stated that the price was per parcel. All of these appraisals were considered complex and cost more to complete. Council Member Mulroy asked if that item was in conjunction with Rayzor Ranch. Williamson stated no that it was from Elm to Bonnie Brae. Mayor Burroughs asked about Consent Agenda Item C and the number of renewals that had been done with the number of possible renewals. Tom Shaw, Purchasing Agent, stated that the original contract was done in 2006 and had been extended each year since then. The extensions had an 8% adjustment but the volume had stayed the same. This renewal would extend through June 2009. Mayor Burroughs asked if there were indefinite one year extensions. Shaw stated that three extensions was the standard and would not go past five without looking at the market. Council Member Mulroy asked about the origination of this project. Frank Payne, City Engineer, stated that there had been a lot of foot traffic in the area with a path worn through the grass. The intent was to provide pedestrian traffic between McKinney and Morse Street without having to walk in grass. CIP funds would be used for this project. City of Denton City Council Minutes October 7, 2008 Page 2 2.Council received a report, held a discussion and gave staff direction regarding the 2009 City Council meeting schedule. Jennifer Walters, City Secretary, presented the proposed schedule and asked if Council had any changes. Consensus of the Council was to proceed with the proposed schedule. 3.Council received a report and held a discussion 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.(Z06-0029 and Z06-0030, Rayzor Ranch) Chuck Russell, Planning Supervisor, provided an update on the project and proposed amendments to be considered in the future. Council had approved a detailed site plan with retail uses on the north side of three big box users and outparcels. A large outdoor mall was planned on the south side with multifamily housing and single family patio homes. Wal-Mart and Sams had closed on the northern property and were moving forward with building permit plans. On-site clearing and grading was taking place at this time with a major detention pond being dug. Council had approved a special sign district to move a billboard from Highway 380 to I-35. DME had closed on the southern substation site and work was being done on the southern detention pond. Originally four gas well pads were shown on the site plan but three of them had been abandoned. The developers were proposing to replace the site plan with a conceptual plan. This change would provide group categories on the site plan but would have no specifics for uses. Uses could be shifted in the groups without having specific pad sites. A detailed site plan review would have to be done once it was determined what would be built in the specific groups. Council Member Watts felt that it appeared that the plans for this project were starting over with no commitment to the prior specific site plan. Russell stated that there were design standards in place for the northern and southern tracts. A central architectural theme and vernacular would unify the Town Center and Marketplace and provide a color palette that would limit permissible colors. Staff felt that it was imperative to maintain the integrity of these established guidelines. Council Member Watts stated that very specific tax incentives had been approved based on the prior model and asked how a new plan would be impacted. Linda Ratliff, Director of Economic Development, stated that the agreement had a beginning date and a maximum number of years for completion. There may be a need to relook at the agreement due to the change in developers. Russell noted that the Planning and Zoning Commission would be considering additional amendments to the development standards and exhibits of the Rayzor Ranch Overlay District. He detailed those proposed changes which included allowing additional retirement housing and City of Denton City Council Minutes October 7, 2008 Page 3 continuing care facility, removing all references to required drainage improvements within North Lakes Park, removing the detailed site plan from the Overlay District and replacing it with a more conceptual plan, allowing for some shifting of the landscaping requirements, creating a new subarea with unique architectural standards and allowing architectural accent and accent colors on buildings that were consistent with a “signature trade dress”. 4.Council received a briefing, held a discussion and gave staff direction on the proposed initial zoning of approximately 484.84 acres of land to the Hills of Denton North Master Planned Community (Hills of Denton North MPC) zoning district and the proposed rezoning of approximately 17.14 acres of land from Neighborhood Residential 2 (NR-2) zoning district to the Hills of Denton North MPC zoning district. The subject site was located on the west side of Locust Street and south of Milam Road and was legally described as a tract of land situated in the J.A. Burns Survey, Abstract No. 130, the B.B.B. & C.C.C.R. Survey, Abstract No. 134, the E. Pritchett Survey, Abstract No. 1025, the W. Pea Survey, Abstract No. 1054, the F. McKettrick Survey, Abstract No. 846, the J. Stewart Survey, Abstract No. 1150, the J. Ayres Survey, Abstract No. 0002, the A. Fry Survey, Abstract No. 1639, the L.W. White Survey, Abstract No. 1408, and the S. Blish Survey, Abstract No. 40, Denton County, Texas, further being all of those certain called 165.46, 79.9951, 90.0542, 38.3235, 123.192, and 5.0318 acre tracts described to 2006 Milam East Partners, L.P. by Special Warranty Deeds recorded as Instrument No's. 2007- 61548, 2006-134981, 2006-134987, 2006-134991, 2006-134976, and 2006-134972, respectively, in the Official Records of Denton County; 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 the initial zoning and zoning change request (6-0). Mark Cunningham, Director of Planning and Development, stated that this proposal would be a st public hearing on the October 21 council agenda. The property involved 484 acres located on the west side of Locust Street, south of Milam Road. He reviewed the future land use of the property and the existing conditions. The MPC would consist of two zoning districts, single family residential and commercial. The proposal would contain 421 acres of single-family development and approximately 81 acres of commercial development. The commercial uses would only include retail and office with no industrial uses allowed. Deviations from the Denton Development Code included surface parking lots, permeable paving, parking structures, the screening of right-of-way, parking between the street and building, architectural features, and single-family façade separation Before approval of adoption of an application for a MPC zoning document, the Planning and Zoning Commission needed to approve specific findings. These findings included (1) that the proposed development furthered the goals of the Denton Plan; (2) that in the case of proposed residential development, that the development would promote compatible buildings and uses, and that it would be compatible with the character of the surrounding area; (3) that the provisions for public facilities such as schools, fire protection, law enforcement, water, wastewater, streets, public services and parks were adequate to serve the anticipated population within the MPC district; (4) in the case of proposed commercial, industrial, institutional, recreational and other non-residential uses or mixed-uses, that such development would be appropriate in area, location and overall planning for the purpose intended; and (5) that the development was fiscally sound. Both the Development Review Committee and the Planning and Zoning Commission recommended approval of the request. City of Denton City Council Minutes October 7, 2008 Page 4 5.Council received a report, held a discussion and gave staff direction regarding a proposed single-family dwelling building permit fee. Mark Cunningham, Director of Planning and Development, stated that on September 23, 2008, Council approved a new Building Permit Fee Schedule with the exception of the proposed fee increase for one and two-family dwelling permit fee and Temporary Food Permit. The Council asked staff to consider a cap on the proposed fee of $.40 per square foot so as not to discourage the construction of larger houses within the city limits. He reviewed the details of the past 12 month projects and 10 month projects with and without cap. Staff was recommending a cap which would have a minimum amount of impact on revenue generation and set the cap at 3,500 square feet. He also indicated that staff had decided not to increase the current $20 fee associated with the City’s Temporary Food Permit. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 6:10 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, 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. B. Consultation with Attorney – Under Texas Government Code §551.071; and Deliberations regarding real property – Under Texas Government Code §551.072. 1. Discussed, deliberated, and received information from Staff, and provided staff with direction pertaining to the purchase price of, the possible terms of sale, and valuation issues respecting the acquisition of an approximate 20.6 acres in fee simple title for municipal purposes and/or park purposes, in the N.H. Meisenhiemer Survey, Abstract Number 810, Denton County, Texas, and being located along U.S. 77 and Old Riney Road. Consultation with the City’s attorneys regarding legal issues associated with the acquisition for the above use, where public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas; or would jeopardize the City’s legal position in any administrative proceedings or potential litigation involving said real property. Regular Meeting of the City of Denton City Council on Tuesday, October 7, 2008 at 7:20 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes October 7, 2008 Page 5 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. Presentation by Commissioner Andy Eads regarding the County’s bond program. Commissioner Eads presented information on two bond issues which would be on the November ballot. One involved the Transportation Road Improvement Program which he detailed the proposed projects. Technology Improvements for fiber optic construction, juvenile case management system, administrative complex wiring; and building and land were included in the other issue. He detailed the projects involved in the Technology Improvement package. B. Proclamations/Awards Mayor Burroughs presented proclamations for Fire Prevention Week and Lions White Cane Day. 3. CONSENT AGENDA Mayor Burroughs indicated that Item D was going to be removed from consideration. Robert Donnelly, 3900 Quail Creek Road, Denton, 76208 submitted a Comment Card regarding Item D. Kamp motioned, Thomson seconded to pull Item D from consideration. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Mulroy motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances as presented. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A.2008-233 - 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 and the Houston-Galveston Area Council (H-GAC) for the acquisition of pipe bursting system equipment for the City of Denton Wastewater Collection Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4170–Interlocal Agreement for the purchase of a Gruncrack/Ram Hercules tool and a 10 ton Grundowinch from ATT Technologies, Inc. in the amount of $143,381.33, and a portable air compressor from Ingersoll Rand in the amount of $46,330.69 for a total award amount of 189,712.02). The Public Utilities Board recommended approval (6-0). B.2008-234- An ordinance approving Amendment No. 1 to the Professional Service Agreement for Appraisal Services related to the 380 Utility Relocation Project, by and between the City of Denton, Texas and Pyles Whatley Corporation to provide for professional appraisal services in support of the City of Denton Engineering City of Denton City Council Minutes October 7, 2008 Page 6 Department; authorizing the expenditure of funds therefor in the amount of an additional $77,000.00 (for the total not-to-exceed amount of $129,500.00); providing an effective date. The Public Utilities Board recommended approval (5- 0). C.2008-236 - An ordinance accepting competitive bids and awarding a public works contract for the construction of a five foot wide sidewalk along the western side of Woodrow Lane from McKinney to Morse Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516–awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $174,841.01). (CIP Project Funding) D.This item was not considered. E.Approved the minutes of: September 9, 2008 September 16, 2008 September 23, 2008 4. PUBLIC HEARINGS A. The Council held a public hearing and considered an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential 6 (NR-6) zoning district classification and use designation; the area for zoning change encompasses 0.375 acres of land located at the northwest corner of Ruth Street and Cross Timber Street, and is legally described as Block 11, Lot 6 of the Alex Robertson Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and an effective date (Z08-0005). The Planning and Zoning Commission recommended denial (7-0). AC. SUPERMAJORITY VOTE BY OUNCIL WAS REQUIRED FOR APPROVAL Mark Cunningham, Director of Planning and Development, stated that the purpose of the rezoning from NR-3 to NR-6 was to allow for the development of duplexes, which the applicant planned to construct and rent at the corner of Ruth Street and Cross Timber Street. The existing NR-3 zoning district did not allow duplexes. Currently there was a vacant single family home on the lot which the applicant intended to demolish as it would not be cost effective to remodel. Staff felt that changing the zoning to NR-6 would create a more intense zoning district on a single lot, which was not a favorable planning practice because it created an isolated zoning district. Even though the proposed use may be compatible with the nearby land uses, the proposed zoning was not consistent with the zoning in the surrounding area. Currently there were existing duplexes in the vicinity which were permitted prior to the city-wide rezoning in 2002. These duplexes were considered nonconforming uses or special exceptions. Both staff and the Planning and Zoning Commission recommended denial. Because of the Commission’s denial, a super majority vote by Council would be required. Council Member Watts asked about the size of the surrounding lots. Cunningham stated that they appeared to be much smaller in size. City of Denton City Council Minutes October 7, 2008 Page 7 Council Member Watts stated that this was an unusual situation as the NR-6 zoning would create spot zoning but everything around it was nonconforming. Council Member Heggins felt that this would be a good addition to the community if the NR-6 zoning was approved with the proposed building. She did not have a problem with the NR-6 designation. Council Member Mulroy felt that the main issue was spot zoning. The staff recommendation was to zone the property consistent with the neighborhood. Two neighborhood meetings had been held regarding the proposal. He asked for a reasonable time frame if the city initiated a rezoning of the entire area. Cunningham replied that it could possibly be done within 6 months. Mayor Burroughs felt there were two alternatives to fix the problem. One was a small area plan and the other would be a city initiated rezoning of the area to make it consistent with surrounding properties. Cunningham stated that staff was already looking at those alternatives and had some preliminary ideas on how to zone the area. It appeared at this time that the majority of area community was against the rezoning of the property. Mayor Burroughs asked if Council could legally rezone the property to NR-6. City Attorney Burgess stated currently there were legal non-conforming uses spotted throughout the neighborhood. Both staff and the Planning and Zoning Commission had recommended denial which would require a supermajority vote by Council to pass a rezoning. She felt the more cautious approach was to take conservative action and come back with better zoning plan. Council Member Mulroy felt that Council created this problem when it assigned the zoning district in 2002. He expressed concern in trying to stay away from spot zoning and wishing not to prolong inequity in the area. He expressed a desire for a short time frame for a city initiated rezoning. If Council denied the applicant, he would have to wait a year to resubmit. Cunningham stated that staff could do a city-initiated rezoning request in less than 6 months. Council Member Thomson stated that he was favorable toward the request as it would be a new investment in the area but that it should be done in a proper way rather than spot zoning. He questioned if the applicant would be willing to wait for the rezoning. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Roosevelt Washington, Jr. spoke in favor. Adolphus Henry, 400 E. Mill, Denton, 76205 spoke in opposition. Jack Johnson, 327 Ruth Street, Denton, 76205, spoke in opposition. Carolyn Phillips, 901 Baldwin Street, Denton, 76205 spoke in opposition. City of Denton City Council Minutes October 7, 2008 Page 8 Mr. Washington was allowed a rebuttal. He stated that the proposal would have adequate on-site parking and there would be no need for street parking. The Mayor closed the public hearing. Watts motioned, Kamp seconded to table the item, not to a date certain but until such time as the city staff could have more meetings with other options explored. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. B. The Council held a public hearing 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 138 (PD-138) 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 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 (MPC07-0001, Inspiration). The Planning and Zoning Commission recommended approval (7-0). City Manager Campbell stated that staff would not be making a presentation unless one was requested by Council. It was recommended that Council open the public hearing to allow st speakers but continue the item until the October 21 meeting. st Mayor Burroughs requested speakers only if they were unable to attend the October 21 meeting. st If an individual spoke at this meeting, he would not be allowed to speak at the October 21 meeting as he would have already used his time for this public hearing. The Mayor opened the public hearing. No one spoke during the public hearing. Mulroy motioned, Kamp seconded to continue the public hearing to the October 21, 2008 City Council meeting. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Tabled 1.– Consider 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 138 (PD-138) 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 City of Denton City Council Minutes October 7, 2008 Page 9 Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract 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 (MPC07-0001, Inspiration). The Planning and (Tabled from September 16, 2008) Zoning Commission recommends approval (7-0). 5.ITEMS FOR INDIVIDUAL CONSIDERATION None of the tabled items were considered. Tabled A.– Consider adoption of an ordinance regarding a development agreement related to the deferment of perimeter road improvements. The approximately 2.6- acre property is located at the southwest corner of West Collins Street and Locust Street. The subject site is located within a Downtown Commercial General Date tabled 8/19/08 (DC-G) zoning district. () Tabled B. – Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the south side of Emerson Lane from its intersection with Woodhaven Lane to its intersection with Brookfield Lane; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommends (Date tabled 8/19/08) approval (9-0). Tabled C.– Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the north side of Parvin Street from its intersection with Mercedes Road to its intersection with McCormick Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommends (Date tabled 8/19/08) approval (4-3). D. The Council considered nominations/appointments to the City’s Boards and Commissions. 1. Parks, Recreation and Beautification Board Watts nominated, Thomson seconded to appoint Carol Brantley to the Parks, Recreation and Beautification Board. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. E. Citizen Reports 1.Council held a review of procedures for addressing the City Council. 2.Council received citizen reports from the following: A.Nell Yeldell regarding services to the elderly and treatment of parolees. City of Denton City Council Minutes October 7, 2008 Page 10 Ms. Yeldell stated that the elderly need to be able to receive their medications when they were not able to pay for them. Parolees also did not have a chance once released from prison. F. New Business and Announcements Council Member Mulroy asked for an update on the DISD Safe Pathways to School project. Council Member Thomson asked for a recommendation from the City’s Urban Forester regarding the practice of requiring two street trees to be planted between the curb and sidewalk for new home development. Was this the best use of the plantings? Council Member Watts requested an update on the tree ordinance development. In particular he was noticing that some new trees planted according to the current ordinance had died and he questioned how long trees with new developments had to be maintained and when did they have to be replanted. Mayor Burroughs requested information concerning single family zoning in NR-4. G. City Manager’s Report City Manager Campbell indicated that according to an Attorney General’s opinion issued on Monday, this item was not properly posted and would not be considered. H. 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. I. 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 9:06 p.m. ________________________________ MARK A. BURROUGHS, MAYOR CITY OF DENTON, TEXAS ______________________________________ JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS