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April 21, 2009 MinutesCITY OF DENTON CITY COUNCIL MINUTES April 21, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 21, 2009 at 3:30 p.m. in the Council Work Session Room. PRESENT: Mayor Burroughs; Mayor Pro Tern 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 April 21, 2009. Item 5 B was discussed. Chuck Russell, Planning Supervisor, stated that two weeks ago Council considered a concept plan for a gas well storage facility and detailed plan for five gas well parks. Council approved an ordinance for three of the five gas well parks. The new proposal for Council consideration was a combined Gas Well G and H plus moving the new site further back from the property owners. Staff attended a neighborhood meeting but no consensus was reached for a position for the residential property owners. They had not seen the revised information from the developer. Council Member Watts stated that the Council backup information still indicated both wells. He questioned if the withdrawal request needed to go to the Planning and Zoning Commission for a formal withdrawal as there was no documentation which officially withdrew Well Site H, only an assumption that it would happen. Council Member Moreno asked if the proposal this evening was to approve both Site G and H. Russell replied that Council would be considering one well park but with the same number of gas heads. The distance requirement was a minimum of 500 feet and the proposed distance was 720 feet which was greater than what was required. Council Member Moreno stated that the actual well head would be further back than that as the 720 foot boundary was just to the start of the gas park. Council Member Thomson stated that the structures would be further back than the property line so the distance would be greater than required. City Manager Campbell asked if the owners had agreed to this proposal. Russell replied correct. City Manager Campbell asked if there was a restriction on the number of well heads in gas well park. Russell stated that there was no restriction on the number of well heads on a pad. Mayor Burroughs asked about Item I on the Consent Agenda. The attachment indicated that the winning bid was 120%. City of Denton City Council Minutes April 21, 2009 Page 2 Tom Shaw, Purchasing Agent, stated that the 120% included the entire bond amount. Adding 100 to the rest of the bidders would provide an equal comparison. 2. The Council received a report, held a discussion and gave staff direction regarding over 65 tax exemptions. Bryan Langley, Director of Finance, reviewed the impact of the over 65 exemption options. Overview and purpose of the presentation included presenting over 65 property tax exemption options for consideration; reviewing the preliminary 2009-10 five year financial forecast that was presented on April 14th; and presenting over 65 property tax exemptions options. Staff was directed to provide financial plan scenarios that incorporated various over 65 property tax exemptions. Option A would increase the exemption from $25,000 to $40,000 in 2009-10 and from $40,000 to $55,000 in 2010-11. Option B increased the exemption from $25,000 to $35,000 in 2009-10, from $35,000 to $45,000 in 2010-11 and from $45,000 to $55,000 in 2011- 12. The long term financial plan which included a 0% ad valorem growth for 2010 and a 4% each year thereafter was discussed. Option A would take about $4 million out of the long term financial plan. Council Member Moreno asked about the effect of Presbyterian Hospital going non-profit. Langley stated that the effect of Presbyterian Hospital was already built in the figures but was just not a separate line item. For every $5,000 of exemption, $150,000 would be lost for budget purposes. Option C increased the exemption by $5,000 per year starting in 2009. Council Member Moreno stated that all the scenarios did not have any provisions built in for reducing expenditures. Langley replied correct that it would be looked at during the budget process. Council Member Thomson stated that $900,000 was the same as a penny and a half on the tax rate. Langley replied correct. Mayor Pro Tern Kamp asked what would happen to the city's bond rating if the fund balance dropped below 12-15%. Langley stated that it could have a negative effect on the bond ratings, particularly in the debt service fund. Council Member Watts stated that whether the Council did this or not, the basic 5 year forecast showed a fund balance of 11.9% in third year and declining after that. Langley stated that it would be a problem if no corrections were made in expenditures and revenues. The City would have to have a plan to get the percentage back up to a sufficient level. City of Denton City Council Minutes April 21, 2009 Page 3 Langley stated that in order for any increase in the over 65 tax exemption to be effective in the 2009-10 budget, the Council would need to approve an ordinance by July 1st. Staff was recommending that the Council delay increasing the exemption amount until the final appraisal values were known for 2009-10. However, if Council wished to increase the amount prior to July 1st, staff was recommending Option C. Mayor Burroughs stated that he had asked staff to research the exemption to a need base rather than an age base. Staff had indicated that there was no mechanism to do that. Council Member Watts stated that the exemption was voluntary and an individual did not have to apply for it if he did not want to. He felt something needed to be done but was not sure about the amount or timing at this point in time. For the next tax bill it would be prudent to see what might happen with the appraisal rolls. Any kind of scenario could be used; it did not have to be equal increments each year. He was in favor of moving forward to give some relief this year if possible. Mayor Burroughs stated that if Council selected an option and the appraisal figures came in on May 15th quite different from the assumptions they were currently dealing with; Council could undo what it might do tonight. Langley stated that May 15th was a preliminary estimate of what might be the increased values in July. Last year staff missed that estimated number due to economics. Council could change the exemption amount again as long as it was done before July 1st Mayor Pro Tern Kamp indicated that she had a few basic problems with this proposal. She felt it was shifting the tax burden from one specific group to another. Many things could be done but the burden would still be there. She did not think Council had all the information it needed and should wait for the certified appraisal values. She questioned why they might do something now that might have to be undone in a couple of months. Why rush into this before they had all the information they needed. Council Member Thomson felt it was premature at this time especially not knowing what the certified values would be. He was also concerned about the shift in the tax burden. Many people were hurting during these economic times, not just the elderly. He would not be able to vote for an exemption increase at this point in time. Council Member Mulroy stated that the senior exemption was already in place so the debate was not whether to establish one. The question was the amount of the exemption. Information provided by the staff indicated that Denton was out of step with similar communities. Council needed to make a commitment that they recognized the gap and would work to close it. Option C was the minimum and most conservative that could be done at this time. Langley stated that all the options showed multiple year increases but each year Council would have to again vote on the increase. City Attorney Burgess stated that the "whereas" clauses in the ordinance would show an intent to increase the exemption each year but the action was for only one year. Each Council set its own budget. City of Denton City Council Minutes April 21, 2009 Page 4 Council Member Heggins agreed that something needed to be done and should be done now. She was in favor of Option B. Council Member Moreno felt that he would have difficulty voting on the proposal until he had firm numbers of the budget for this year. Council Member Watts felt that an increase in the exemption was long overdue and that the budget was going in the opposite direction. If Council was not going to do this, then there needed to be hard options for expenditures. He was in favor of doing something, but was not sure what it would be. If this was a one-time shot, then he would be in favor of an $8000-$9000 increase. Mayor Burroughs stated that this was a compelling problem with Denton out of whack with all surrounding cities. His strong preference was a needs based exemption. He knew both compelling needs individuals and wealthy individuals in this age category. He had no problem looking for future Councils to make a call on the exemption. $150,000 for this next year was not a problem but was a disaster three to four years out. A $5000 increase demonstrated a direction and future conduct for Council. Council Member Mulroy felt that the majority of the Council was willing to do something this year. A $5000 increase was at least acceptable to indicate that Council was getting started on a gradual increase. He would make that motion at the proper time during the regular meeting. Mayor Pro Tem Kamp asked about the timing of appraised values. Langley stated that the preliminary figures would be out on May 15th with the final certified values on July 25th. For an increase to be effective for the next fiscal year, the Council would have to pass an ordinance by July 1 st. 3. The Council received a briefing, held a discussion and gave staff direction on the proposed amendments to Subchapters 5 and 23 of the - Development Code (DDC) regarding Wrecker Services and Impound Lots. The DDC currently did not permit Wrecker Services or Impound Lots in any of the City's zoning districts, nor is the use defined in Subchapter 23 "Definitions." This was a staff initiated Code amendment. (DCA08-0010) The Planning and Zoning Commission recommended approval (6-0). Chuck Russell, Planning Supervisor, stated that the proposal was to amend Subchapters 5 and 23 of the Denton Development Code regarding wrecker services and impound lots. These were staff initiated amendments to define and locate these uses. The issues were that the use was not identified in the Development Code with new or relocating uses not accommodated; the existing definitions did not address the use; and the Code required transport to a licensed facility. Staff s recommendations were to permit wrecker services and impound lots within defined zoning districts; wrecker services and impound lots must comply with the Texas Administrative Code; the lot must be screened from rights-of-way, residential uses and zoning districts; and must comply with environmentally sensitive areas and integrated storm water management or City of Denton City Council Minutes April 21, 2009 Page 5 similar practices. A definition of wrecker and impound lots would also be added. This would not impact the existing 15 impound lots but would be for new locations. 4. The Council received a report, held a discussion, and gave staff direction concerning proposed amendments to Subchapter 23 of the Denton Development Code (DDC) regarding definitions of "City Engineer" and "Church". Chuck Russell, Planning Supervisor, stated that this item was discussed at a Planning and Zoning Commission work session two weeks ago. It involved the creation of two new definitions for city engineer and church. There were several staff members who at different times took on responsibilities which were similar to the city engineer. The proposed language allowed for certain decisions to be made to streamline the process. Jerry Drake, Deputy City Attorney, stated that the proposed language for church would better define a church use to allow some residential uses but would not allow someone to take up residence in the primary use of the church. Any type of residential use would have to be in a secondary structure not in the primary use of the church. Council Member Watts asked if this proposed language would help avoid a situation similar to the one on Oak Street. Drake replied that it would tighten it as must as possible according to the law. Council Member Thomson stated that one of the problems with a church in a residential area was parking. Russell stated that this definition did not impact parking. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:10 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Received a status report and discussed the Power Purchase Agreement for Firm Energy and Associated Renewable Energy by and between the City, as Purchaser and NextEra Power Marketing, LLC. as Seller. This matter was a Public Power competitive and financial matter. B. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Received a report and held a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the City of Denton City Council Minutes April 21, 2009 Page 6 Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also held a discussion regarding the construction of needed infrastructure in the industrially zoned area along Airport Road, west of Interstate 35 in support of Project Odin. C. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. 1. Considered the appointment and duties of one appointee to the Planning and Zoning Commission. D. Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Received a briefing from City's attorneys and held a discussion, pursuant to Section 551.071 of the Texas Government Code, of legal issues associated with a proposed amendment to Subchapter 23 of the Denton Development Code (DDC) regarding definition of "Church". 2. Received a briefing and further status report from the City's attorneys regarding the litigation entitled The City of Denton, Texas v. The University of North Texas, Cause No. 2008-20043-158, now pending before the 158th Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide the attorneys with direction. 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. E. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Discussed, deliberated and received information from staff and provide staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City's attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly conflict City of Denton City Council Minutes April 21, 2009 Page 7 with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. F. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087, and Deliberations regarding real property - Under Texas Government Code Section 551.072. 1. Received a report and held a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the leasing of land and financing of a city facility on University of North Texas property located at I-35 and North Texas Blvd. The discussion shall include financial information the City Council will review, including the offer of financial or other incentives. Regular Meeting of the City of Denton City Council on Tuesday, April 21, 2009 at 7:15 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards There were no proclamations/presentations at this meeting. 3. CONSENT AGENDA Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. A. R2009-009 - A resolution allowing Pro-Fest, Inc. to be the sole participant allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival April 24- 26, 2009, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). City of Denton City Council Minutes April 21, 2009 Page 8 B. R2009-010 - A resolution allowing Miguelito's Restaurant to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 2, 2009, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). C. Approved a request for an exception to the Noise Ordinance for the purpose of the Singing Oaks Church of Christ Community Festival to be held on Sunday, June 7, 2009, from 4:00 p.m. to 9:00 p.m. The event will be held in the church parking lot located at 101 Cardinal Drive. The requestor is specifically asking for an exception to the noise ordinance to allow amplified sound on Sunday. D. 2009-088 - An ordinance of the City of Denton, Texas repealing Ordinance No. 2006-291 and authorizing Assignment Pay for Fire Department employees in the classifications of Deputy Fire Chief, Battalion Chiefs who perform the specialized duties of Training Chief, Emergency Medical Services Chief and Resource Management Chief, Captain-Logistics /Maintenance Officer, Captain-Training Officer, Fire Marshal, Assistant Fire Marshal, Fire Protection Engineer Associate, Fire Inspector Specialist, Emergency Management Program Manager and Fire Recruitment Management Analyst who are assigned to perform assigned functions on a forty-hour work week in the Fire Department and providing an effective date. E. 2009-089 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Texas Woman's University to pay for services rendered by the Police and Fire personnel during the TWU Triathlon; providing for the expenditure of funds; and providing for an effective date. ($700) F. 2009-090 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Juneteenth Committee for supplemental funding for Juneteenth; providing for the expenditure of funds; and providing for an effective date. ($1,250) G. Approved tax refunds for the following property taxes: Name Reason yea Amount r 1. Beebe Gerbosi Inv DCAD Supplemental Change 2006 $1,389.40 2. Beebe Gerbosi Inv DCAD Supplemental Change 2005 $1,141.18 3. Beebe Gerbosi Inv DCAD Supplemental Change 2003 $1,228.48 4. Golden Corral DCAD Supplemental Change 2006 $ 563.50 5. First Bank and Trust DCAD Supplemental Change 2006 $ 676.64 H. 2009-091 - An ordinance of the City Council of the City of Denton, Texas, approving a grant application from Virginia Hamilton from the Downtown Incentive Reimbursement Grant Program not to exceed $10,000; and providing for an effective date. The Economic Development Partnership Board recommended approval (6-1). City of Denton City Council Minutes April 21, 2009 Page 9 I. 2009-092 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of landscaping and sod replacement services for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4258-Annual Contract for Landscaping/Sod Replacement Services awarded to Grey Construction in the annual estimated amount of $110,000). J. 2009-093 - An ordinance awarding a contract under the Buy Board program for the purchase of two bucket trucks with aerial devices; providing for the expenditure of funds therefor; and providing an effective date (File 4300-Bucket Truck with Aerial Device awarded to Southwest International, Inc. in the amount of $206,684.10). The Public Utilities Board recommended approval (5-0). K. 2009-094 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of GE JMUX Multiplexer for the Denton Municipal Electric Communications Division from General Electric Company 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 4284-Purchase of GE JMUX Multiplexer for Denton Municipal Electric in the amount of $65,458.50). The Public Utilities Board recommended approval (5-0). L. 2009-095 - An ordinance of the City of Denton, Texas authorizing and approving a first extension to the agreement by and between the City of Denton, Texas and Denton 288, L.P. for the provision of sanitary sewer and water facilities entered into by the parties on the 5th day of June, 2007; providing the City Manager with authority to perform said first extension and to expend funds as necessary; providing an effective date. The Public Utilities Board recommended approval (4-0). M. 2009-096 - An ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement in the Amount of $182,787 by and between the City of Denton and the University of Texas at Arlington for a three-year term to provide for landfill field testing at the City of Denton Landfill, research faculty and graduate student support for baseline and periodic ongoing studies on several parameters of the Denton Landfill that are associated with the biodegradation of its organic components; authorizing the City Manager or his designee to execute said agreement on behalf of the City of Denton; providing for the expenditure of funds; and providing an effective date. The Public Utilities Board recommended approval (4-0). N. 2009-097 - An ordinance approving the City Manager to execute a bond counsel agreement between the City of Denton and McCall Parkhurst & Horton, LLP, approving the expenditure of funds; and providing for an effective date. 0. 2009-098 - An ordinance amending Chapter 29 of the Code of the City of Denton, Texas, to provide for the adoption of the International Fire Code, 2006 Edition; City of Denton City Council Minutes April 21, 2009 Page 10 providing for amendments thereto; re-establishing permit fees; providing for a penalty in the amount of $2,000 for violations thereof, providing for severability; repealing all ordinances in conflict therewith; and providing for an effective date. P. 2009-099 - An ordinance approving a lease agreement by and between the City of Denton, Texas, as Lessor and Tetra Point Fuel, L.L.C., as lessee regarding a tract of real property, being approximately 3.5 acres owned by the City of Denton, situated in the G. Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas; providing for a term of ten years regarding the ethanol production and processing plant of lessee; authorizing the City Manager to perform the applicable duties and the expenditure of funds therefor; declaring an effective date. The Public Utilities Board recommended approval (5-0). Q. R2009-011 - A resolution re-appointing Timothy S. Fisher as the City's representative to serve as a member of the Board of Directors of the Upper Trinity Regional Water District; and providing an effective date. The Public Utilities Board recommended approval (5-0). R. 2009-100 - An ordinance approving the adoption of an amendment to that Development Agreement between the City of Denton and Allegiance Hillview, LP dated June 17, 2008; and providing an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending the temporary use provisions of Subchapter 12 of the Denton Development Code, including the addition of temporary storage containers and other portable storage units, occasional sales, and farmers markets as temporary uses in Subchapter 12; amending Subchapter 23 of the Denton Development Code to provide definitions for temporary uses, temporary storage containers and other portable storage units, Christmas tree and pumpkin sales, field or construction office, special events and occasional sales; repealing the definition of "Occasional Sales" from Section 35.76, "Definitions and explanations" of the Denton Code of Ordinances; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08-0008) The Planning and Zoning Commission recommended approval (6-0). Chuck Russell, Planning Supervisor, stated that the proposed amendment would add temporary storage and portable storage units, Christmas tree and pumpkin sales, field or construction office and occasional sales definitions to the Development Code. The new language would provide that storage containers in rear yards were exempted from building permit and screening from public view plus would not have to have a temporary use permit. Staff s recommendation was to amend the definitions. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. City of Denton City Council Minutes April 21, 2009 Page 11 The following ordinance was presented: No. 2009-101 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE TEMPORARY USE PROVISIONS OF SUBCHAPTER 12 OF THE DENTON DEVELOPMENT CODE, INCLUDING THE ADDITION OF TEMPORARY STORAGE CONTAINERS AND OTHER PORTABLE STORAGE UNITS, OCCASIONAL SALES, AND FARMERS MARKETS AS TEMPORARY USES IN SUBCHAPTER 12; AMENDING SUBCHAPTER 23 OF THE DENTON DEVELOPMENT CODE TO PROVIDE DEFINITIONS FOR TEMPORARY USES, TEMPORARY STORAGE CONTAINERS AND OTHER PORTABLE STORAGE UNITS, CHRISTMAS TREE AND PUMPKIN SALES, FIELD OR CONSTRUCTION OFFICE, SPECIAL EVENTS AND OCCASIONAL SALES; REPEALING THE DEFINITION OF “OCCASIONAL SALES” FROM SECTION 35.76, “DEFINITIONS AND EXPLANATIONS” OF THE DENTON CODE OF ORDINANCES; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (DCA08- 0008) Mulroy motioned, Heggins seconded to adopt the ordinance as presented. 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 and considered adoption of an ordinance of the City of Denton, Texas, providing for a zoning change of approximately 0.847 acres of land from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, with an overlay district. The subject site was located on the northeast corner of Bonnie Brae and Panhandle Street. (Z09-0001) The Planning and Zoning Commission recommended approval (6-1). Chuck Russell, Planning Supervisor, stated that this request was for rezoning of property from Neighborhood Residential 3 to Neighborhood Residential Mixed Use with overlay district. The Planning and Zoning Commission had recommended approval while the Development Review Committee recommended denial of the zoning change request. The property was currently undeveloped and the applicant was proposing to use the property for a medical office. A non- binding site plan depicting a medical office to illustrate a potential development scenario on the site had been submitted. There would be no access on Bonnie Brae from the development. There were a number of restrictions and conditions which were listed in the agenda materials. Council Member Watts questioned the design criteria dealing with 10% of the window area on Bonnie Brae and Panhandle. It did not seem to be much area. Council Member Moreno questioned the landscape buffers as there appeared to be no buffer to the east. Ron Menguita, Planning Supervisor, stated the buffer requirement for the east side was not in the overlay because the requirement was already met on the east with 10 feet. City of Denton City Council Minutes April 21, 2009 Page 12 Mayor Pro Tem Kamp stated that the site plan was non-binding but the overlay district, restrictions and conditions would be binding. Russell replied correct. The Mayor opened the public hearing. Brad Andrus, applicant, spoke in favor. Council Member Watts stated that by ordinance the applicant was required to have only 10% window coverage. Based on the elevation would the applicant consider increasing the percentage? Larry Reichhart, Springbrook Planning Group, stated that they did not want too much window coverage as the proposal was for a medical office. Council Member Mulroy stated that the point was to have the appearance of glazing on that side and the exact percentage would have the same appearance of glazing on a neighborhood residence. Larry Reichhart, Springbrook Planning Group, spoke in favor. Brock Andrus, applicant, spoke in favor. Alex Payne, 923 Ridgecrest Circle, Denton, 76205, spoke in favor. David Williams, 819 Stanley, Denton, 76201, spoke in opposition. Comment cards were received from Jeri and Harry McClendon, 916 Stanley, Denton, 76201 who were opposed to the proposal. Reichhart was allowed a five minute rebuttal. He stated that the site plan was non-binding but all other elements were incorporated into the ordinance. The Development Review Committee opposition was related to the use of the overlay district. The Mayor closed the public hearing. The following ordinance was considered: NO. 2009-102 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF APPROXIMATELY 0.847 ACRES OF LAND FROM A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT. THE SUBJECT SITE WAS LOCATED ON THE NORTHEAST CORNER OF BONNIE BRAE AND PANHANDLE STREET. (Z09- 0001). City of Denton City Council Minutes April 21, 2009 Page 13 Mulroy motioned, Kamp seconded to adopt the ordinance with the noted restrictions and conditions. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Tabled A. - Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring (Tabled from March an effective date. The Mobility Committee recommends approval (3-0). 3, 2009) This item remained on the table and was not considered. Tabled B. - Consider adoption of an ordinance approving a detail plan amendment for one gas well park within a Planned Development (Robson Ranch Planned Development, PD- 173) zoning district, generally located east of Florence Road, east of Crawford Road, north of Robson Ranch Road, and west of the Inspiration Development (MPC 07-0001); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an (Tabled from April 7, 2009) effective date. (Gas Well Park G) Mulroy motioned, Watts seconded to remove the item from the table. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Chuck Russell, Planning Supervisor, reviewed the history of site as discussed in the work session. Two weeks ago Council considered a concept plan for a gas well storage facility and detailed plan for five gas well parks. Council approved an ordinance for three of the five gas well parks. The new proposal for Council consideration was a combined Gas Well G and H plus moving the new site further back from the property owners. Staff attended a neighborhood meeting but no consensus was reached for a position for the residential property owners. They had not seen the revised information from the developer. Conditions 1, 2, 4, and 5 of the ordinance would remain the same. Condition #3, landscape plan, changed that the fence would be inside the landscaping as shown. The following individuals spoke on the issue: Rosemary Spence, 9613 Lindenwood Trail, Denton, 76207 - opposed John Fersch, 9609 Lindenwood Trail, Denton, 76207 - opposed Elma Walker, 9805 Grandview Drive, Denton, 76207 - neutral Steve Soriano, 9532 E. Riggs Road, Sun Lakes, Az. - support Comment cards were received from the following individuals: Jo Blizzard, 9617 Lindenwood Trail, Denton, 76207 – opposed Brian Boylan, 6109 Pine Hills Lane, Denton, 76210 – support Martin Garza, 1717 Main Street, Suite 2800, Dallas, 75201 - support City of Denton City Council Minutes April 21, 2009 Page 14 Council Member Watts noted that with the passage of the new configuration, Well H would be closed. Reichhart replied correct that it would go away. The following ordinance was considered: NO. 2009-104 AN ORDINANCE APPROVING A DETAIL PLAN AMENDMENT FOR ONE GAS WELL PARK WITHIN A PLANNED DEVELOPMENT (ROBSON RANCH PLANNED DEVELOPMENT, PD-173) ZONING DISTRICT, GENERALLY LOCATED EAST OF FLORENCE ROAD, EAST OF CRAWFORD ROAD, NORTH OF ROBSON RANCH ROAD, AND WEST OF THE INSPIRATION DEVELOPMENT (MPC 07-0001); AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (GAS WELL PARK G) Mulroy motioned, Moreno seconded to adopt the ordinance with the current changes. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.Motion carried unanimously. C. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for limited exemptions of certain homesteads; providing for a severability clause; and providing an effective date. Bryan Langley, Director of Finance, stated that the ordinance proposed to Council at the Work Session had been amended to include increasing the exemption from $25,000 to $30,000 with language that it was the intent of the Council to increase in phases over time. Mayor Burroughs stated that the presentation in Work Session indicated that the staff recommendation was to not take action this year but if Council desired to do an increase this year, Option C would be used. Langley replied correct. The following individual submitted Speaker cards: Dorothy Fersch, 9609 Lindenwood Trail, Denton, 76207 – support. Elma Walker, 9805 Grandview Drive, Denton, 76207 - support Bill Giese, 1602 Highland Park Road, Denton, 76205 - opposed Comment Cards were submitted by the following individuals: Nancy Tong, 9417 Perimeter, Denton, 76207 - support Robert Keteltas, 9105 Starwood Lane, Denton, 76207 - support Larry Cashzzot, 9800 Grandview Drive, Denton, 76207 - support William Culhave, 9000 Citadel Drive, Denton, 76207 - support City of Denton City Council Minutes April 21, 2009 Page 15 David Durkin, 9817 Cypress, Denton, 76207 - support Gary Tong, 9417 Perimeter, Denton, 76207 - support Karen and Bruck Sandelin, 9712 Applewood Trail, Denton, 76207 - support Carol and Al Grundstrom, 10804 Flagstone, Denton, 76207 – support Vincent De Vincenzo, 11700 Oakbrook Court, Denton, 76207 – support Jo Blizzard, 9617 Lindenwood, Denton, 76207 - support Rosemary Spence, 9613 Lindenwood Trail, Denton, 76207 - support Dan and Shirlyan Hurt, 11200 Landmark Court, Denton, 76207 - support John Paul Eddy, 1320 Heather Lane, Denton, 76209 - support Judy Giese, 1602 Highland Park Road, Denton, 76205 - opposed Council Member Mulroy felt this was the first step to close the gap between Denton and surrounding communities which had a much higher exemption. He motioned to adopt the ordinance. Council Member Heggins seconded. Mayor Pro Tem Kamp stated that Denton was being compared to other cities like Frisco and Southlake. Denton had different needs than surrounding cities. She appreciated the staff’s recommendation to wait until the appraised value was received. She was not in support of the motion. Council Member Thomson wished there was a needs based exemption but that was not allowed by state law. He felt this was not the right time to do this. The certified appraisal was not known at this time and he felt this would be shifting the tax burden from one group to another. He would be voting against the motion. Mayor Burroughs stated that Denton had a lot of exempt property as opposed to other cities considered. Because of the economic uncertainty the City could not be really aggressive in financial dealings. The impact for the first year was not very great but in the future it might be a problem. Council could undo this ordinance if preliminary figures were very much out of line. Council Member Heggins stated that the City had set the standard for the exemption years ago. The following ordinance was considered: NO. 2009-104 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. On roll vote to adopt the ordinance, Heggins “aye”, Kamp “nay”, Moreno “nay”, Mulroy “aye”, Thomson “nay”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried with a 4-3 vote. D. The Council was provided a status report and provided staff with further direction regarding the Purchase Power Agreement for Firm Energy and Associated Renewable Energy by and between the City as Purchaser and NextEra Power Marketing, LLC. as Seller. City of Denton City Council Minutes April 21, 2009 Page 16 Mike Grim, Executive Manager of Power, stated that Council had discussed this item in Closed Session. Consensus of the Council was to proceed with the agreement. E. The Council considered nominations/appointments to the City’s Boards and Commissions: 1. Planning and Zoning Commission Mayor Burroughs indicated that John Ryan had been nominated at a prior meeting. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. F. Citizen Reports 1.Council reviewed the procedures for addressing the City Council. 2.The Council received citizen reports from the following: a.) Carolyn Phillips regarding the membership of the Property Maintenance Code Committee. Ms. Phillips expressed a concern regarding the membership of the subcommittee. One member was in favor of the land owner’s perspective. The mission statement indicated that health and safety was to be addressed. Southeast Denton had a lot of rental property and it was not fair to those who rent the property to have to maintain the property. b.) Nell Yeldell regarding discrimination against minority owners of rent homes in southeast Denton and metering at the residences at 514 Prairie/509 Maddox. Ms. Yeldell was not present at the meeting. c.) Amy Manuel regarding issues in District 3 including the need for a traffic light at Nicosia and North Elm and outside inspection of lease property. Ms. Manuel spoke on the rental property policy. She presented suggestions on inspections for apartments and single family home rental units. She also indicated that there was a need for a traffic light at Nicosia and North Elm as it would help slow down the traffic in that area. G. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. There were no items presented for discussion. City of Denton City Council Minutes April 21, 2009 Page 17 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 Session items. With no further business, the meeting was adjourned at 9:24 p.m. ______________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS