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April 7, 2009 Minutes CITY OF DENTON CITY COUNCIL MINUTES April 7, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 7, 2009 at 3:30 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 City Manager Campbell indicated that Consent Agenda Item 3R would be pulled from the agenda and considered at a later date. 1.Requests for clarification of agenda items listed on the agenda for April 7, 2009, including but not limited to: a) Explanation and discussion of Public Hearing 4B regarding buffer, screening and fencing requirements. Mark Cunningham, Director of Planning and Development, stated that Council had reviewed this item in a work session on March 3, 2009. He reviewed the buffer, screening and fencing changes in the proposed ordinance. rd Additional changes proposed after the March 3 work session included revising the buffer requirements for large tracts of land located in remote areas to provide flexibility in the type and number of landscaping requirements; broadening the category of allowed buffer trees; the addition of wood, vinyl pvc and composite materials to the list of allowed construction materials for refuse container screening; adding “immediate” to the definition of outside storage; and revising the wording to allow easements to be included in required public or drainage easements. b) Explanation and discussion of Consent Agenda Item 3T regarding residential collection service and parking requirements in front of dumpsters. Howard Martin, Assistant City Manager, stated that there were two issues affecting Solid Waste services identified by the property maintenance review. Those issues included solid waste services currently being provided to townhomes and inaccessible dumpsters in the street right-of- way that were being blocked by parked cars. There were a few single family attached dwellings (certain townhomes and condominiums) that were negatively impacted by the current language which did not allow carts to be stored in the front yard. Three existing townhome developments did not have a convenient access to move their carts from the rear of their property to the front curb on collection day. Wording in the proposed ordinance would correct that situation. A second issue was inaccessible containers in the street right-of-way. A no parking zone was proposed for these types of containers with an associated recurring fee at the same rate to provide funding for future improvements associated with the parkway container sites. The Property Maintenance Code Committee looked at the fee similar to a loading zone fee with a renewal fee to just cover the on-going cost to maintain the signage and pavement markings. However, the Traffic Safety Commission proposed a reoccurring annual fee. The primary reason for that position was that there might be other areas that needed to be addressed. The issue of the fee was not addressed in the Consent Agenda item on this agenda. Only the no parking zone and the location of the trash receptacles were addressed in the proposed ordinance. City of Denton City Council Minutes April 7, 2009 Page 2 Council Member Watts stated that some dumpsters in the right-of-way had been there for a long time. The solid waste trucks could not access some of those and could not empty the container. Currently there was no enforcement capability on the part of the police department to prevent parking in front of the dumpsters. The Property Maintenance Code Committee was not recommending a reoccurring fee and was not not trying to create a reserve fund. Martin replied that with appropriate signage the police department would be able to enforce the parking restriction. Council Member Thomson asked about Consent Agenda Item 3K involving the purchase of an aerial device and rental of a chassis from Peterbilt. Mike Ellis, Fleet Superintendent, stated that the City would get the chassis from Peterbilt for $1 which was Peterbilt’s new hybrid transmission. In turn the City would maintain and supply Peterbilt with various types of test reports, performance records, and maintenance costs. Mayor Burroughs asked about Consent Agenda Item 3G and whether this was an annual renewal or a multiyear renewal and when it would be reviewed. The original contract was for $56,000 and the change order was for $100,000. He asked what the dollar threshold was when a different contract would be needed rather than a continuation of another contract. Martin replied that this was an annual contract. The activity used last year was used to predict the contract for this year and was bid at a similar amount. Dirt work for a pumping station project was needed and it used more of the contract than anticipated. 2. The Council received a report, held a discussion and gave staff direction regarding updating the International Fire Code. Rick Jones, Fire Marshal, stated that the purpose of the International Codes was to establish minimum requirements to safeguard the public health, safety and general welfare. The 2006 International Fire Code was now ready for adoption. Because the codes were designed to be national, local amendments were required to meet the needs of local jurisdictions. The Fire Department had performed a comprehensive local review of the proposed local changes. Staff had also met with the Legal Department regarding the content of the 2006 International Fire Code and local amendments, as well as being reviewed by the Construction Advisory and Appeals Board. 3. The Council received a report, held a discussion and gave staff direction regarding proposed amendments to Subchapter 12 of the Denton Development Code (DDC). This was a staff initiated Code amendment to add temporary storage containers and other portable storage units, occasional sales, and farmer’s markets as temporary uses in Subchapter 12. (DCA08- 0008) The Planning and Zoning Commission recommended approval (6-0). Mark Cunningham, Director of Planning and Development, stated that staff had received complaints from residents regarding shipping containers and other portable storage units located in front yards and visible from the street or adjoining properties for long periods of time. It was discovered that there were currently no provisions in the Development Code governing shipping containers or other portable storage units. These proposed amendments would include temporary storage containers and other portable storage units, occasional sales, and farmer’s City of Denton City Council Minutes April 7, 2009 Page 3 markets as temporary uses in Subchapter 12. Staff was proposing language that would allow the use of shipping containers and other portable storage units on a temporary basis by the issuance of a temporary use permit. The proposed changes would also permit occasional sales and farmer’s markets as temporary uses. Council Member Watts asked about temporary storage and setback requirements. Cunningham stated that each zoning category had setbacks. The purpose was to avoid having se the container too close to the property line. The essence was the temporary nature of the uand not to have it on the property forever. Mayor Burroughs asked about flower sales at the mall and the use of temporary storage there. Cunningham stated that was considered part of the retail makeup of the mall. This proposal was concerned more with uses in residential zoning districts. Mayor Burroughs asked about a temporary storage container not in the line of sight but was a concern of a neighbor. Cunningham stated that anything 120 square feet or larger would need a permit. 4. The Council received a report, held a discussion and gave staff direction regarding the rezoning of approximately 27.2 acres of land from a Neighborhood Residential 3 (NR-3) zoning family development (NRMU) and a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation; with consideration being given to Johnson Street to the west, Ruth Street to the south and Hill Street to the east. (SI08-0003) The Planning and Zoning Commission tabled the item on January 21, 2009 (4-0). Mark Cunningham, Director of Planning and Development, reviewed the history of the proposal. Council previously had tabled the item and asked staff to go back into the neighborhood to study a broader area. Prior to 2002, the proposed rezoning was zoned MF-1 which would have allowed duplexes. The area was a mixed used residential area. Given the diversity of uses, staff recommended Residential Mixed Use-12 with an overlay district and Neighborhood Residential Mixed with an overlay. That type of zoning would make all current uses conforming. On October 7, 2008, Council directed staff to look at a larger area and consider a city-initiated rezoning effort or a Small Area Plan. The purpose of the rezoning effort was to apply zoning classifications that were more consistent with the existing uses within the area. On January 21, 2009, the Planning and Zoning Commission directed staff to revisit the neighborhood with the goal of laying the concerns to rest which were raised by the neighborhood during the public hearing. A total of five neighborhood meetings were held to speak with residents of Southeast Denton to hear their concerns and work with them to come up with resolutions. The community indicated that they were in opposition to any rezoning of any property in the area, including the staff initiated proposed rezoning of the subject property. Staff’s recommendation was to withdraw the request to rezone the property. Council Member Watts asked if Mr. Washington had an option to do some type of “spot” zoning on the property. Cunningham replied correct that he still had that option. City of Denton City Council Minutes April 7, 2009 Page 4 Council Member Watts asked about fees. Cunningham stated that there would be no additional fees if Mr. Washington proceeded with his proposal. A recent code amendment would now require additional off street parking which would limit the number of bedrooms that could be built. Mayor Burroughs asked why duplexes would not be allowed with a specific use permit. Cunningham stated that if a specific use permit were allowed, all existing duplexes would be nonconforming. Mayor Burroughs suggested looking at a small area plan to allow for some realism for development of single lots. Following the completion of the Work Session the Council convened into a Closed Session at 5:15 p.m. to consider the following: 1.Closed Meeting: A. Consultation with Attorneys – Under Texas Government Code, Sec. 551.071. 1. 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 th before the 158 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. 2. Consulted with City’s attorneys on legal issues and potential settlement of threatened litigation, involving the claim of Dorothy Farris. B.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 provided 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 City of Denton City Council Minutes April 7, 2009 Page 5 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 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. C.Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086. 1. Received a status report, discussed, deliberated, considered and approved a Power Purchase Agreement for Firm Energy and Associated Renewable Energy Credits by and between the City of Denton, as Purchaser and NextEra Energy Power Marketing, LLC., as Seller. This matter is a Public Power competitive and financial matter. 2. Received a status report from DME Staff regarding the Power Purchase Agreement that is now in effect, dated May 17, 2006 by and between the City of Denton, Texas as Purchaser and Constellation Energy Commodities Group, Inc. Discuss and deliberate this Public Power competitive and financial matter and provide Staff with direction. D. Consultation with Attorneys – Under Texas Government Code, Sec. 551.071. 1. Received a briefing and status report from the City’s attorneys regarding the litigation entitled City of Bryan v. TMPA, Cause No. 28,169, pending th in the 250 Judicial District Court in and for Travis County, Texas; as well as Ex Parte TMPA, Cause No.D-1-08-003426, in the 250th Judicial District Court in and for Grimes County, Texas; and the City of Bryan v. the Cities of Denton, Garland and Greenville, Cause No. D-1-GN-08- 003693, pending transfer to a District Court in Hunt County, Texas from th the 200 Judicial District Court in and for Travis County, Texas. Discuss and 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. 2. Consulted with City’s attorneys on legal issues, including potential settlement of litigation styled Collegiate Community Outreach d/b/a UNT Chi Alpha, et al. v. City of Denton, et al., Cause No. 4:07cv564, currently pending in the US District Court, Eastern District, Sherman Division. Regular Meeting of the City of Denton City Council on Tuesday, April 7, 2009 at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes April 7, 2009 Page 6 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Presentation of “Denton Redbud Festival Day” Proclamation Mayor Burroughs presented a proclamation for Denton Redbud Festival Day and also received a Tree City USA presentation. 3. CONSENT AGENDA Mayor Burroughs stated that Item 3R would be considered separately. A Comment Card was received from Robert Donnelly on Items 3C-F. Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item R. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Item R was considered. Mulroy motioned, Kamp seconded to table Item R. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A. Approved a request for an exception to the Noise Ordinance for the purpose of a music festival, the 2nd Annual BeanStock, sponsored by Cool Bean’s Bar and Grill. The event was to be held on Saturday, April 18, 2009, beginning at 11:00 a.m. and concluding at 12:00 a.m. The exception was specifically requested for extension of the hours of operation for amplified sound. B.Approved a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system during the Juneteenth Celebration, sponsored by the Juneteenth Committee. The event will be located in the Fred Moore Park on Friday, June 19, 2009, beginning at 6:00 p.m. and concluding at 11:00 p.m.; and on Saturday, June 20, 2009, beginning at 11:00 a.m. and concluding at midnight. This request was for an exception to the hours of operation and for an increase in sound decibels to 75 decibels for the evening concerts. C.2009-065 - An ordinance approving a salary increase for George C. Campbell under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. City of Denton City Council Minutes April 7, 2009 Page 7 D.2009-066 - An ordinance approving a salary increase for Anita Burgess under the performance review provision of her employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. E.2009-067 - An ordinance approving a salary increase for Robin A. Ramsay under the performance review provision of his employment agreement with the City; authorizing an increase in deferred compensation; authorizing the expenditure of funds; and providing an effective date. F.2009-068 - An ordinance approving a salary increase for Steve Shepherd under the performance review provision of his employment agreement with the City; approving an increase in car allowance; authorizing the expenditure of funds; and providing an effective date. G.2009-069 - An ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Jagoe-Public Company; providing for the expenditure of funds therefor; and providing an effective date (Bid 3413–Annual Contract for Trucking Services Change Order Number One in the amount of $100,000 for a total bid award not to exceed $156,000). H.2009-070 - An ordinance authorizing the City Manager to execute a change order to amend the lease purchase financing agreement between the City of Denton and Chase Equipment Leasing, Inc.; providing for the expenditure of funds therefor; and providing an effective date (File 4247–Third Party Lease Purchase of Solid Waste and Waste Water Vehicles and Equipment change order to amend approximate finance charges to $183,198.50 for 60 months in the estimated principal sum of $1,686,746 for an estimated total payback amount of $1,869,944.50 ). I.2009-071 - An ordinance authorizing the City Manager to execute an interlocal cooperative purchasing program agreement with the City of Keller, Texas under section 271.102 of the Local Government Code, to authorize participation in various City of Keller contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4267–Interlocal Agreement with the City of Keller, Texas). J.2009-072 - An ordinance authorizing the City Manager to execute an interlocal cooperative purchasing program agreement with the Denton County Transportation Authority (DCTA) under section 271.102 of the Local Government Code, to authorize participation in various DCTA contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4268–Interlocal Agreement with the Denton County Transportation Authority). K.2009-073 - An ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a bucket truck with aerial device as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS-3-23010); providing for the expenditure of funds therefor; and City of Denton City Council Minutes April 7, 2009 Page 8 providing an effective date (File 4272–Bucket Truck with Aerial Device awarded to Altec Industries, Inc. in the amount of $132,788). The Public Utilities Board recommended approval (4-0). L.2009-074 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC) and Buy Board Cooperative Purchasing Network for the acquisition of a flushing truck for the City of Denton Wastewater Collections Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4285–Interlocal Agreement for the purchase of a Flushing Truck for Wastewater Collections Department awarded to Rush Truck Center, Crane in the amount of $91,262 for a Peterbilt Truck Model 340 cab and to VAC-CON Inc. in the amount of $185,100.96 for a sewer cleaner/flushing chassis for a total award amount of $276,362.96). The Public Utilities Board recommended approval (4-0). M.2009-075 - An ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Volvo L70F Wheel Loader as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS-7-23VO10); providing for the expenditure of funds therefor; and providing an effective date (File 4286–Wheel Loader awarded to Romco Equipment Co. in the amount of $138,874). The Public Utilities Board recommended approval (4-0). N.2009-076 - An ordinance accepting competitive bids and awarding a public works contract for the construction of concrete pavement for the Denia Park trail; providing for the expenditure of funds therefore; and providing an effective date (Bid 3516–awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $127,110.77). O.2009-077 - An ordinance accepting competitive bids and awarding a contract for the purchase of miscellaneous electric utility hardware and materials for the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (Bid 4260–Miscellaneous Electric Utility Hardware and Materials for Warehouse Stock awarded to the lowest responsible bidder meeting specification for each item in the estimated amount of $145,000). P. 2009-078 - An ordinance of the City of Denton, Texas, appointing Robin A. Ramsay as Presiding Judge for the City of Denton Municipal Court of Record; appointing Kimberly Cawley McCary as Assistant Judge for the City of Denton Municipal Court of Record; appointing Earlean Cobbin Murphy as Assistant Judge for the City of Denton Municipal Court of Record; appointing Gregory L. Bertrand as Assistant Judge for the City of Denton Municipal Court of Record; appointing Ann Stephens Poston as Assistant Judge for the City of Denton Municipal Court of Record; appointing James Horton as Assistant Judge for the City of Denton Municipal Court of Record; appointing Dennis Engler as Assistant Judge for the City of Denton Municipal Court of Record; establishing terms of office for municipal judges in accordance with applicable State statutes; providing for renewal and extension of terms absent specific action by Council; authorizing City of Denton City Council Minutes April 7, 2009 Page 9 the Mayor to execute a contract for term of office; ratifying terms of contract; and declaring an effective date. Q. 2009-079 - An ordinance of the City of Denton, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2009 Summer Food Service Program; if such funding is granted, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. NOTE-THIS ITEM WAS TABLED AND NOT CONSIDERED R.-Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Redflex Traffic Systems, Inc. for operation of an automated traffic signal enforcement program; providing for the expenditure of funds therefor; and providing an effective date (File 3364–Change Order Number One Contract Extension). S. 2009-080 - An ordinance approving a Compromise Settlement & Release of all claims between Dorothy Farris and the City of Denton for settlement of a claim; authorizing the City Manager and City Attorney to take actions necessary to finalize settlement of this claim; authorizing the expenditure of budgeted funds in the amount stated therein; and declaring an effective date. T. 2009-081 - An ordinance adding a new Subsection, Section 18-3, Section (b)(4) to “authority of Traffic Engineer” of Chapter 18 “Motor Vehicles and Traffic” of the Code of Ordinances of the City of Denton, Texas; and an ordinance in lieu of and in substitution for Section 24-43 “Residential Collection Service” of the Code of Ordinances of the City of Denton, Texas; providing a severability clause; providing a penalty cause; and declaring an effective date. U. Approved the minutes of: February 17, 2009 February 19, 2009 March 2, 2009 March 3, 2009 March 10, 2009 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending Subchapters 12, 13, and 23 of the Denton Development Code to clarify standards and regulations regarding outside storage and outside display requirements, revise the requirement for window or door areas for single-family residential dwellings, multiple unit residential dwellings and multi-family development, provide definitions for windows and doors, and revise the definitions of front lot line, front yard, rear yard and side yard; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08-0009) The Planning and Zoning Commission recommended approval (6-0). City of Denton City Council Minutes April 7, 2009 Page 10 Mark Cunningham, Director of Planning and Development, stated that these were code amendments relative to outside storage, definitions for windows, doors, and outside storage/outside display. The proposed amendments to the Denton Property Maintenance Code would regulate both commercial and residential outside storage. In addition, language differentiating outside storage from outdoor display was proposed for clarity and congruency between the two documents. Cunningham reviewed the provisions for window/door opening requirements. The current code required that all walls, except gabled roof areas, which faced a street other than an alley, must contain at least 25% of the wall space in windows or doors. This provision applied to single- family residential structures only and often made it difficult to create a functional floor plan that met both the minimum window/door opening requirements and exceeded the Energy Code requirements by 10%. As a result an applicant might use false windows or doors. Developers of multi-family developments and multiple unit residential dwelling had identified similar issues as being challenging. Staff was recommending alternative language which would correct this situation for both single-family residential and multifamily residential units. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2009-082 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 12, 13, AND 23 OF THE DENTON DEVELOPMENT CODE TO CLARIFY STANDARDS AND REGULATIONS REGARDING OUTSIDE STORAGE AND OUTSIDE DISPLAY REQUIREMENTS, REVISE THE REQUIREMENT FOR WINDOW OR DOOR AREAS FOR SINGLE-FAMILY RESIDENTIAL DWELLINGS, MULTIPLE UNIT RESIDENTIAL DWELLINGS AND MULTI-FAMILY DEVELOPMENT, PROVIDE DEFINITIONS FOR WINDOWS AND DOORS, AND REVISE THE DEFINITIONS OF FRONT LOT LINE, FRONT YARD, REAR YARD AND SIDE YARD; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. Mulroy motioned, Watts seconded to adopt the ordinance. 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, amending Subchapters 13 and 23 of the Denton Development Code to clarify the buffer, screening and fencing requirements in Subchapter 13; providing definitions for master planned development, buffer, fence, perimeter fence, and screening; deleting Sections 16- City of Denton City Council Minutes April 7, 2009 Page 11 129 through 16-131 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. (DCA08-0012) The Planning and Zoning Commission recommended approval (5-0). Mark Cunningham, Director of Planning and Development, stated that staff was proposing language to clarify the buffer, screening and fencing requirements found in Subchapter 13 of the Development Code to assure consistency and congruity between the Development Code and the Property Maintenance Code. In terms of buffers, Cunningham noted buffer locations, effect of easements, and a buffer matrix which outlined the requirements for buffers and was based on the intensity/density between land use categories. Cunningham continued with perimeter fencing and screening requirements. Staff was recommending that perimeter fencing not be mandatory but when used must have specific requirements. Fence materials, security fences, fence height, fence location, setbacks, and clear visibility areas were noted. Staff wanted to be flexible to allow different types of fencing materials. Cunningham completed his presentation with an explanation of setbacks, clear visibility areas, and screening for refuse containers. The Planning and Zoning Commission along with staff recommended approval of these changes. The Mayor opened the public hearing. Larry Reichhart, 2405 Mustang Drive, Grapevine, 76051, spoke in opposition. The Mayor closed the public hearing. Mayor Burroughs asked about fencing on the inside of the buffer. Cunningham stated that the only requirements for fencing on the inside of a buffer dealt with perimeter fencing. Council discussed fencing requirements and perimeter fencing standards. Council Member Watts questioned who owned a buffer especially in the case where it might be split between adjacent homeowners. Cunningham stated that if the buffer were split down the middle, both homeowners would be required to maintain the buffer. The owner of the property the buffer was on would be responsible for maintenance of the buffer. The following ordinance was considered: NO. 2009-083 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 13 AND 23 OF THE DENTON DEVELOPMENT CODE TO CLARIFY THE BUFFER, SCREENING AND FENCING REQUIREMENTS IN City of Denton City Council Minutes April 7, 2009 Page 12 SUBCHAPTER 13; PROVIDING DEFINITIONS FOR MASTER PLANNED DEVELOPMENT, BUFFER, FENCE, PERIMETER FENCE, AND SCREENING; DELETING SECTIONS 16-129 THROUGH 16-131 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. Kamp motioned, Heggins seconded to adopt the ordinance. 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 held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, approving a concept plan amendment to allow for the relocation of a storage tank facility on a property located 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 proposed 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. (Z08-0022) The Planning and Zoning Commission recommended approval (6-0). Mark Cunningham, Director of Planning and Development, stated that the applicant was proposing to amend the existing approved Concept Plan for the Robson Ranch Planned Development to relocate one of the two approved saltwater storage tank facilities. The proposed location was more than 100 feet from any existing residential property and 300 feet from any existing public assembly area, institution or school and was approximately 3.612 acres in size. The Planning and Zoning Commission recommended approval with two conditions. The first was that there would be no access to or from the well sites through any developed portion of Robson Ranch Planned Development. The second was that prior to the construction of underground pipelines associated with a gas well park, the applicant would submit documentation to the Fire Marshal showing the location of the underground pipelines connection to such gas well park, including flow and gathering lines and lines to the storage tank facility. The Mayor opened the public hearing. Larry Reichhart, Springbrook Planning Group, spoke in favor of the proposal. He stated that condition #1 indicated “well sites”. He suggested the wording be changed to “storage facility”. Also the applicant name should be listed as Springbrook Planning Group. Comment cards in support of the proposal were submitted by Carson Carter, Brian Boylan, John Harris and Martin Garza. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes April 7, 2009 Page 13 No. 2009-084 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONCEPT PLAN AMENDMENT TO ALLOW FOR THE RELOCATION OF A STORAGE TANK FACILITY ON A PROPERTY LOCATED 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 PROPOSED 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. (Z08- 0022) Thomson motioned, Heggins seconded to adopt the ordinance with the change in language from “well site” to “storage facility” and the name of the applicant to Springbrook Planning Group. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. D. The Council held a public hearing and considered adoption of anordinance of the City of Denton, Texas, approving a detail plan amendment for five gas well parks and a storage tank facility 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. (Z08-0023) The Planning and Zoning Commission recommended approval (6-0). Mark Cunningham, Director of Planning and Development, stated that this detail plan would allow the development of four gas well parks and a storage tank facility on property currently zoned Planned Development. Ordinance 2001-247 permitted gas well parks within the Robson Ranch development. Staff recommended approval with 6 conditions. Council Member Watts noted that the ordinance allowing the gas well parks included a restriction that the well must not be within 100 feet of a residential property. That figure was not consistent with the current city ordinance. Cunningham stated that the distance requirement was part of the planned development and that the proposed detailed plan met that restriction. Council Member Thomson asked what was the current regulation from a residential property. Cunningham stated that it depended on when something was built. The restriction was 500 feet if a residence was already there; 200 feet if the well was first and the residence was built later. The Planned Development conditions were already in effect when the sites were approved. The Mayor opened the public hearing. The following individuals spoke during the public hearing: City of Denton City Council Minutes April 7, 2009 Page 14 Larry Reichhart, Springbrook Planning Group, spoke in favor. He requested a change in several of the conditions. Those changes included extending the hours of operation by an hour, taking out the language that the applicant would enter into a road remediation agreement as it should be just the operator of the gas well, and changing the language to indicate that only four wells and not five were being considered. Council Member Mulroy stated that maintenance was the issue in terms of hours of operation. He questioned why there was no language regarding working during emergencies. Council Member Watts agreed and that there was no definition of drilling operations. He questioned if the city could regulate those hours of access based on development of mineral estate. City Attorney Burgess stated that the Council was acting on a zoning matter in a legislative capacity. This would not be a prohibition of the extraction of minerals but a restriction on the zoning activity. Council Member Watts asked about language for emergency access. Jerry Drake, Deputy City Attorney, stated that it was his recommendation to not include language for emergency operations. If emergency language was included, the City would have to disprove an emergency situation rather than the operator defend an emergency situation. Council Member Mulroy questioned by the City would tell a responsible party that in case of an emergency they could not come in after 5 p.m. Drake replied that it was suggested for the purpose of an enforceable event. Council Member Mulroy felt that it was creating an environment that the operator would not be allowed if there was an emergency. Language was needed that was common sense. Reichhart suggested using wording similar to “unless drilling operations in progress, the well was being reworked, or in case of an emergency at a particular well site.” John Fersch, 9609 Lindenwood Trail, Denton, 76207 – opposed and suggested tabling the item until residents could settle the issue of the gas wells and misrepresentations from Robson Ranch sales individuals. Dorothy Fersch, 9609 Lindenwood Trail, Denton, 76207 - opposed Jo Blizzard, 9617 Lindenwood Trail, Denton, 76207 - opposed Comment cards in support of the proposal were received from Brian Boylan, Carson Carter, John Harris and Martin Garza. Mr. Richhart was allowed a five minute rebuttal. He stated that the well site would be more than 100 feet from the residences and the developer was trying to get as far award from the property lines as possible. The landscaping would meet Robson requirements which were more stringent than the City’s. After the wells were drilled, there would be a minimal amount of noise. City of Denton City Council Minutes April 7, 2009 Page 15 Council Member Mulroy asked about lighting. He knew that during the drilling the rigs were lit but asked about lighting after that. Reichhart stated that there would be motion lighting and would meet the city code. Council Member Moreno asked about moving the location of Well Site G. A representative from Encana Oil & Gas indicated that they could not drill in the core area and needed to do horizontal drilling and it would be difficult to move Well Site G any further out from the residences. Council Member Watts asked about the planting of the required landscaping. Reichhart stated that the City typically gave time to delay planting until the fall season when the hot weather was over. This was done administratively by staff. Council Member Mulroy asked if the fence would be up immediately. Cunningham replied correct. Rosemary Spence, 9613 Lindenwood, Denton 76207 – opposed until settle with Robson on sale of lots and gas well issue. The Mayor closed the public hearing. City Attorney Burgess stated that changes to the proposed ordinance included striking Item H from Conditions #2 and #6; the applicant was Landmark Surveyors LLC; Condition #2 strike “applicant”; consideration was for four gas well and not five; and use the language “gas parks” not “gas wells”. Thomson motioned, Heggins seconded to adopt the ordinance with the amended language as noted by the City Attorney. Council Member Moreno motioned to table the item. He would like to see Gas Well G moved further from the existing neighborhood. Watts seconded the motion. Council Member Watts questioned whether the motion was to table the entire item or just Gas Well Gl. City Attorney Burgess stated that Council could pass a portion of the ordinance and exclude Gas Well Site G. Reichhart stated that the issue would hinge on a third party coming to the table which could not be predicted when it would happen. Moreno motioned, Heggins seconded to table until after consideration of the Items for Individual Consideration. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. City of Denton City Council Minutes April 7, 2009 Page 16 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 commuter rail line; and declaring an effective date. The Mobility Committee recommends approval (3-0). (Tabled from March 3, 2009) Mayor Burroughs indicated that this item would remain on table. Tabled B. – Consider adoption of an ordinance authorizing settlement of litigation styledCollegiate Community Outreach d/b/a UNT Chi Alpha, et al. v. City of Denton, et al., Cause No. 4:07cv564, currently pending in the US District Court, Eastern District, Sherman Division, under terms previously discussed in Closed Session, and further authorizing the City Manager to approve a compromise settlement agreement, and such other documents recommended by the City’s attorneys as necessary or appropriate to effectuate such terms of settlement; approving the expenditure of budgeted funds; and declaring an effective date. (Tabled from March 10, 2009) Mulroy motioned, Watts seconded to remove the item from the table. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. The following ordinance was considered: NO. 2009-086 AN ORDINANCE AUTHORIZING SETTLEMENT OF LITIGATION STYLED COLLEGIATE COMMUNITY OUTREACH D/B/A UNT CHI ALPHA, ET AL. V. CITY OF DENTON, ET AL., CAUSE NO. 4:07CV564, CURRENTLY PENDING IN THE US DISTRICT COURT, EASTERN DISTRICT, SHERMAN DIVISION, UNDER TERMS PREVIOUSLY DISCUSSED IN CLOSED SESSION, AND FURTHER AUTHORIZING THE CITY MANAGER TO APPROVE A COMPROMISE SETTLEMENT AGREEMENT, AND SUCH OTHER DOCUMENTS RECOMMENDED BY THE CITY’S ATTORNEYS AS NECESSARY OR APPROPRIATE TO EFFECTUATE SUCH TERMS OF SETTLEMENT; APPROVING THE EXPENDITURE OF BUDGETED FUNDS; AND DECLARING AN EFFECTIVE DATE. Watts motioned, Kamp seconded to adopt the ordinance with the change in signage as noted during the Closed Session. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. C.The Council considered an appeal of the denial of a Certificate of Appropriateness by the Historic Landmark Commission for the replacement of windows at 1708 W. Oak Street. The site was zoned Neighborhood Residential (NR-3) and was located within the West Oak Area Historic District. The Historic Landmark Commission denied the request (5-1). City of Denton City Council Minutes April 7, 2009 Page 17 Mark Cunningham, Director of Planning and Development, stated that the applicant had replaced windows in his home without a certificate of appropriateness which was required for property located in a historical district. The Historic Landmark Commission denied the applicant’s certificate for appropriateness and instructed him to replace the six windows in question with windows that matched the type that were removed. Mayor Burroughs asked if the problem was with the design of the windows. Cunningham stated that the original windows were 15 over 1; fifteen individual panes over one large pane. The applicant replaced those windows with 9 over 1, one large pane with dividers. In order to have windows 15 over 1 the windows would have to be custom made and would be extremely costly. Council Member Watts stated that he could understand preserving the integrity of the historic nature on the home and the original architecture. On the other hand were energy efficiency and the encouragement of the city for homeowners to upgrade to efficient windows. However, he felt that in a historic district the rules must be followed. The applicant did not follow the rules and did not pull a permit to replace the windows. Watts motioned, Kamp seconded to uphold the Historic Landmark Commission’s decision and deny the appeal. On roll vote to deny the appeal, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. D.The Council considered nominations/appointments to the City’s Boards and Commissions 1. Human Services Advisory Committee 2. Planning and Zoning Commission Council Member Heggins nominated Barbara Brown to the Human Services Advisory Committee. She also nominated John Ryan to the Planning and Zoning Commission. Mayor Pro Tem Kamp asked to have an Executive Session discussion on the Planning and Zoning Commission nomination. On roll vote to approve the nomination of Barbara Brown to the Human Services Advisory Committee, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Consideration of the nomination for the Planning and Zoning Commission would be scheduled for the next council closed session. Council continued with consideration of Public Hearing 4D. Kamp 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. City of Denton City Council Minutes April 7, 2009 Page 18 Martin Garza, Encana, asked if the motion was to table Item G only. Mayor Burroughs asked if Well Site G could be brought back with Gas Well Site H. Garza stated that H was not noticed properly. From a timing standpoint, it would put G at a disadvantage to wait for H. His preference would be to consider G at this meeting. Mayor Burroughs noted that the motion was to table Item G. Council Member Watts asked if Council could pass the ordinance and exclude Well Site G or table part of an ordinance. City Attorney Burgess stated that Council could table Well Site G and amend the ordinance at the next council meeting to include Item G. Drake stated that there could be two ordinances; one with all the well sites except for G and at than a future meeting at a date certain bring back Well Site G. Mayor Pro Tem Kamp stated that the current motion was to table the entire ordinance. She felt that the Council was inserting itself into a civil matter. Mayor Burroughs suggested approving Item 4D with the exception of Well Site G and direct staff to prepare a second ordinance to consider Well Site G on April 21, 2009. The new ordinance would have the same terms and conditions as the ordinance being considered this evening. The proposed ordinance this evening would have the changes as noted earlier by the City Attorney. Moreno withdrew his motion to table and Watts withdrew his second. The following ordinance was considered: NO. 2009-085 ANORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAIL PLAN AMENDMENT FOR FIVE GAS WELL PARKS AND A STORAGE TANK FACILITY 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. (Z08- 0023) Thomson motioned, Heggins seconded to adopt the ordinance amending the language as noted by the City Attorney and tabling consideration of Well Site G until April 21, 2009. Cunningham asked if the motion was to table Well Site G, what was staff looking for in terms of an objective to determine when it would be appropriate to bring it back to Council. City of Denton City Council Minutes April 7, 2009 Page 19 Mayor Burroughs stated that it would be the same terms and conditions as now; the tabling would just allow for a discussion between the homeowners and Robson representatives. City Manager Campbell stated that staff should report back if the residents were successful in holding a meeting with Robson representatives. 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 reviewed procedures for addressing the City Council. 2.Receive citizen reports from the following: a)Carolyn Phillips regarding the membership of the Property Maintenance Code Committee. b)Jordan Hudspeth regarding concerns of Southeast Denton. c)Lanisha Hudspeth regarding concerns of Southeast Denton. d)Hagar Hudspeth regarding concerns of Southeast Denton. e)Willie Hudspeth regarding concerns of Southeast Denton. None of the citizens listed above were present at the meeting. F. 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. Council Member Thomson asked for a work session regarding a non-smoking ordinance in public places. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting items on the agenda. H. 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 10:16 p.m. ________________________________ ________________________________ MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS