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July 21, 2009 Minutes CITY OF DENTON CITY COUNCIL MINUTES July 21, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 21, 2009 at 3:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Engelbrecht, Gregory, Heggins, Mulroy, and Watts. ABSENT: None 1.There were no requests for clarification of agenda items listed on the agenda for July 21, 2009. 2.The Council received a report, held a discussion and gave staff direction regarding nominations to the City’s Boards and Commissions. Jennifer Walters, City Secretary, presented the list of nominations for Council consideration. She indicated that any names added during the Work Session would be added for Council consideration during the Regular Meeting. Consensus of the Council was to proceed with the nomination process. 3.The Council received a report, held a discussion and gave staff direction regarding appointments to Council committees. Mayor Burroughs stated that the list of appointments to the Council committees had been handed out to Council. He noted that the membership requirements for the Audit/Finance Committee had changed and while he was no longer required to be a member of the Committee, he would remain as a member. There was an item on the Regular Agenda to formally consider these appointments. Consensus of the Council was to proceed with the appointments. 4.The Council received a report, held a discussion and gave staff direction regarding revisions to the Rules of Procedure for the City Council. Betty Williams, Director of Administrative Services, presented the proposed changes. Section 4.1 – Regular Meetings – the set time for the work session would be deleted and the wording “municipal building” would be changed to “city hall”. Section 4.2 – Special Meetings – change the wording “municipal building” to “city hall”. Section 4.3 – Workshop Meetings – the specific times for the meeting would be deleted and the wording would be changed to reflect current practice. Section 6.3 – Presentations by Members of the Council – the wording would be changed to reflect the new language from the Attorney General’s opinion and would become effective September 1, 2009. City of Denton City Council Minutes July 21, 2009 Page 2 Section 6.4.4. – Presentations by Citizens/citizen reports – a Council Member requested consideration of a change in the placement on the agenda. Mayor Burroughs suggested that the wording “no citizen may fill out a request to speak form or have an opportunity to speak or comment on another citizen’s report” be revised to “no citizen may fill out a request to speak form in order to comment on another citizen report”. He also asked if only citizens of Denton could do a citizen report. City Attorney Burgess indicated that the Council could limit this section of the agenda to just citizens; however, most cities did not have such a limitation. Council Member Mulroy felt that there might be a better term than “citizen report” such as “public report”. He felt Council needed to decide what the intent of this section of the agenda was and find better wording. Council Member Heggins questioned that if the section were limited to only citizens of Denton, how would that distinction be determined and what process would speakers have to go through. Section 6.4 (4) (c). – Presentations by Citizens – public hearings – as speaker cards were not required for public hearings, it was suggested to change the wording to “is encouraged to complete a request to speak form”. Mayor Burroughs suggested taking out the reference to public hearings from Section b. Section 8 – Creation of Committees, Boards, and Commissions – wording would be added to indicate that all committees, boards, and commissions would be created and dissolved by resolution if not specified by the City Charter or Code. Section 8.3.d. – wording would be added regarding the replacement of members who had completed three full terms on a board so as to be in compliance with Section 2-65 of the Code. Section 8.3 (3) e – wording would be changed to indicate nominations “shall” correspond to City Council Member’s place instead of the word “may”. Section 8.4 (4) – Rules of Procedure – wording would be added regarding the City of Denton Handbook for Boards, Commissions and Committees which would contain a common set of rules of procedures for all boards/ commissions. Council Member Heggins asked about the placement on the agenda for citizen reports. She had suggested at one time considering moving that item closer to the front of the agenda. City Manager Campbell felt that it was a determination of the Agenda Committee. Council Member Mulroy suggested looking for the history of why the placement was changed to the end of the agenda. A consideration might be made to move the citizen reports ahead of regular business for the convenience of citizens. City of Denton City Council Minutes July 21, 2009 Page 3 Council Member Gregory stated that this was an issue he heard during the election. Consideration might be made for two place holders on the agenda. One for first time speakers at the beginning of the agenda and one for repeaters later in the agenda. Council Member Heggins asked about people who continue to call in to get on an agenda and who did not show up for the meeting. Mayor Burroughs stated that currently there were no regulations regarding that circumstance. Consensus of the Council was to proceed with the changes as proposed. 5.The Council received a report, held a discussion, and gave staff direction regarding the potential closure of the City of Denton’s Utility Customer Service facility located in the Golden Triangle Mall. Bryan Langley, Director of Finance, stated that the purpose of the discussion was to (1) review City Hall in the Mall’s operation and role in the Customer Service organization; (2) examine statistics that illustrated how customers were using City Hall in the Mall; (3) review department strategy and consider the benefits of service options available to customers; (4) review cost savings and efficiency improvements resulting from the closure of City Hall in the Mall; and (5) discuss next steps and communicationstrategy. City Hall in the Mall – this was a full service counter location designed to handle requests from walk-in customers related to their utilities. It consisted of 3 full-time and 1 part-time temporary employees. Average daily customer volume for 2009 was 272. The contract with the Mall would expire on 9/30/09. Customer Use of City Hall in the Mall – less that ¼ of customer transactions were done at CHM. Most transactions were payments and did not require full service. Customer Service Strategy Review – Customer Service introduced a department strategy during th the March 10 Council session. Key elements included (1) develop better payment options; (2) limit or reduce the number of full-service payment locations; (3) reduce the number of walk in payments; (4) provide self service tools; (5) provide interactive voice response phone service; and (6) contract with Fidelity Express for remote utility bill payment locations such as Kroger and Sack N Save. Cost Savings/Efficiency Improvements - closure of the Mall location would provide approximately $55,000 in annual savings. Consolidating to one location would reduce the need to hire additional employees at walk in locations. Communication – The City’s agreement with Golden Triangle would expire on 9/30/09. If approved, staff would use this target date for the closure of the office. There was a 60 day notice requirement to the property owner. During that 60 days customers would be notified of the closure through bill messages, a press release, posted signs and phone recordings. City of Denton City Council Minutes July 21, 2009 Page 4 Transition and Next Steps – the Mall staff would be consolidated with the City Hall East staff with extended City Hall East hours of operation. Staff usage would be maximized through flex scheduling. Council Member Watts noted that there were still a high number of people using CHM rather than remote locations. Langley stated that there was no revenue to the City for use of the remote locations - Fidelity Express received a small service charge when payments were made at their locations. Council Member Watts questioned if some of the 75% using CHE might be because they were delinquent as opposed to mailing in their payment. Council Member Mulroy asked about automatic draft failure rate. Ethan Cox, Customer Service Manager, state that no failure rate information was available for this meeting but he could get the information. Council Member Mulroy asked who paid the merchant fee for the web payment process. Langley stated that the customer paid $4.95 for payment online. Council Member Gregory stated that a convenience fee for paying online or at Fidelity Express was not really conducive to the City trying to discourage the use of CHE for only making a payment. Mayor Burroughs stated that a lot of payments went through the Mall location and the closing of the location might have a negative impact on the Mall. He questioned the possibility of having a payment only location at the Mall. Council Member Heggins asked if relocated employees would receive the same amount of work hours. Cox stated that the flex schedule would allow the reduction of the amount of overtime currently used. Consensus of the Council was to follow the staff recommendations. 6.The Council received a report, held a discussion, and gave staff direction regarding the status of funding applications submitted by the City of Denton under the American Recovery and Reinvestment Act (ARRA). st Barbara Ross, Community Development Administrator, stated that as of July 1, several applications had been submitted to various Federal and State agencies either directly by the City or through a collaborative effort with another entity. Collaborative efforts included the Diesel Emission Reduction Grant application submitted by the North Central Texas Council of Governments and the Bryne Justice Assistance Grant submitted by Denton County. Three of the grants under which the city was requesting funds were “formula” grants. A “formula grant” City of Denton City Council Minutes July 21, 2009 Page 5 provided a pre-determined amount of funding to an organization to carry out projects related to a specific area. The City had applied for (1) an Energy Efficiency and Conservation Block Grant, (2) Byrne Justice Assistance Grant and (3) CDBG-R. Update on several of the grants included the (1) Diesel Emission Reduction Grant was a co- application with COG which was still waiting for a response on the application; (2) Water Reclamation had submitted three requests with no response to date; (3) CDBG-R involved parks facilities, drainage, sewer, housing, social services. etc. with staff waiting on application approval; (4) Police Department grants included a COPS grant, Secure our Schools and Byrne Justice Assistance Grant which were all still in progress; and (5) TIGER Discretionary Grants involving transportation which the City was working through with NCTCOG. Ross reviewed the inactive applications. One of the main inactive grants was the Firefighter Assistance Grant which the city was not eligible for as the funds had to be used for replacement of unsafe or uninhabitable structures or to fund projects expanding fire protection coverage to meet increased service demand in compliance with NFPA 1710 which required that four firefighters be assigned to each engine. The City had also applied for several economic development grants but was not eligible for the program as Denton did not meet the economic distress criteria level. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:00 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A. Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Received a briefing and status report from the City’s attorneys regarding the litigation entitled The City of Denton, Texas v. The University of th North Texas, Cause No. 2008-20043-158, now pending before the 158 Judicial District Court in and for Denton County, Texas; discussed, deliberated and provided 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. Received a legal briefing from the City's attorneys and discussed legal obligations and options facing the City, under a certain compromise settlement agreement and mutual release of claims, dated October 21, 2008, involving the City of Denton, Texas, JNC Partners Denton, LLC, White Cake Denton, L.P., John Lau, and Campbell Road Holding Company as parties. 3. Discussed and considered strategy, status, and possible approval of a change in the tariffs of Atmos Energy Corporation, Mid-Tex Division (“Atmos”) as a result of a settlement between Atmos and the Atmos Texas Municipalities. 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. City of Denton City Council Minutes July 21, 2009 Page 6 B.Deliberations regarding Personnel Matters – Under Texas Government Code Section 551.074. 1. Deliberated and discussed the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Construction Advisory and Appeals Board, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment. This item was not discussed in Closed Session. C. Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071 and 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 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 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 D. Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code, Section 551.086; Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1. Discussed and deliberated the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Received a briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal Power th Agency,Cause No. D-1-GN-08-003426, pending in the 126 Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas st Municipal Power Agency – II, Cause No.D-1-GN-08-003693, in the 261 Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency,Plaintiff v. City of Bryan, Texas,Defendant, Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now th pending in the 506 Judicial District Court in and for Grimes 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. City of Denton City Council Minutes July 21, 2009 Page 7 Regular Meeting of the City of Denton City Council on Tuesday, July 21, 2009 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards There were no proclamations/awards for this meeting. 3. CONSENT AGENDA Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A.2009-150 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Hearts for Homes; providing for the expenditure of funds therefor; and providing for an effective date. ($543) B.2009-151 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; providing for the expenditure of funds therefor; and providing for an effective date. ($694) C.2009-152 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton County to help with the cost of protecting the Historical Buildings Quilt for the Denton County Museums; providing for the expenditure of funds therefor; and providing for an effective date. ($700) D.2009-153 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Historical Park Foundation for the purpose of installing an arbor leading into the Victorian Rose Garden; providing for the expenditure of funds therefor; and providing for an effective date. ($300) E.2009-154 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Court Appointed Special Advocates to assist with funding of phone cost, local travel for child visits and office supplies; providing for the expenditure of funds therefor; and providing for an effective date. ($500) F.2009-155 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Southridge Recreation Club which serves a public purpose in facilitating recreational activities; providing for the expenditure of funds therefor; and providing for an effective date. ($450) City of Denton City Council Minutes July 21, 2009 Page 8 G.2009-156 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Cumberland Presbyterian Children’s Home to assist with their Fall Festival Fund Raiser; providing for the expenditure of funds therefor; and providing for an effective date. ($350) H.2009-157 - An ordinance of the City of Denton, Texas amending the Fiscal Year 2008-2009 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Materials Management Fund of two million dollars ($2,000,000) to provide for additional expenditure authority associated with the cost of goods sold; declaring a municipal purpose; providing a severability clause; an open meetings clause; and an effective date. I.2009-158 - An ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Reserve Fund with certificates of obligation with an aggregate maximum principal amount equal to $2,902,000 to allow the Solid Waste Department to continue funding ongoing capital expenditures for Solid Waste facilities; and providing an effective date. The Public Utilities Board recommended approval (5–0). J.2009-159 - An ordinance of the City of Denton, Texas accepting competitive bids and awarding a best value three year contract for utility bill printing and mailing services for the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (Bid 4246–Best Value Bid for Utility Bill Printing and Mailing awarded to Ancor Information Management, LLC, dba Utilitec in an annual amount not to exceed $350,000 for a three year contract amount not to exceed $1,050,000). The Public Utilities Board recommended approval (5–0). K.2009-160 - An ordinance authorizing the City Manager to execute an amendment to the contract between the City of Denton and Redflex Traffic Systems USA for operation of an automated traffic signal enforcement program; providing for the expenditure of funds therefor; and providing an effective date (File 3364– Amendment for Contract Extension/Price Adjustment). L.2009-161 - An ordinance awarding a contract to Panasonic Financial Solutions for the lease purchase of thirty (30) Panasonic Toughbook PCs and accessories for Denton Municipal Electric (DME) as awarded by the State of Texas General Services Commission, Department of Information Resources (DIR Contract DIR- SDD-531); providing for the expenditure of funds therefor; and providing an effective date (File 4352–Panasonic Finance Solutions/Municipal Lease Agreement #42209 in the amount of $27,726.00, the first of six semi-annual payments, for a total three-year lease in the amount of $166,356.00). The Public Utilities Board recommended approval (5–0). M.2009-162 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4198– Electrical Energy Transmission Fees for American Electric Power in the City of Denton City Council Minutes July 21, 2009 Page 9 additional amount of $25,651.96 for a total award of $113,933.96 and File 4199- Electrical Energy Transmission Fees for Lower Colorado River Authority (LCRA) in the additional amount of $148,182.64 for a total award of $736,682.64). The Public Utilities Board recommended approval (5–0). N.2009-163 - An ordinance accepting competitive bids by way of an interlocal cooperative purchasing program participation agreement with the City of Carrollton under section 271.102 of the Local Government Code, for the purchase of emergency medical supplies for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (File 4341– Interlocal Agreement for Emergency Medical Supplies with the City of Carrollton, contract awarded to Bound Tree Medical in the estimated amount of $150,000). O.2009-164 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a three digger trucks for Denton Municipal Electric by way of an interlocal agreement with the City of Denton; and providing an effective date (File 4350–Three Digger Trucks for Denton Municipal Electric awarded to Southwest International Trucks for one chassis/body in the amount of $186,267.20 and Rush Truck Center, Crane for two chassis/bodies in the amount of $547,183.62 for a total award of $733,450.82). The Public Utilities Board recommended approval (5–0). P.2009-165 - 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) for the acquisition of two trailer mounted generators for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4354–Interlocal Agreement for the purchase of two trailer mounted generators for Denton Municipal Electric awarded to Volvo Construction Equipment and Services in the amount of $111,374.94. The Public Utilities Board recommended approval (5–0). Q.2009-166 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Cem-Line from TXI, 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 4353–Purchase of Cem-Line for Street Department in the unit price amount of $140/dry ton for an annual estimated amount of $200,000). R.Approved the minutes of: June 8, 2009 June 9, 2009 June 16, 2009 June 23, 2009 City of Denton City Council Minutes July 21, 2009 Page 10 S.2009-167 - An ordinance authorizing the City Manager or his designee to execute an easement purchase agreement between the City of Denton, Texas and Rayzor Investments, Ltd., and any other documents that are necessary to acquire approximate 0.193 and 0.108 acre tracts for utility easements, approximately 0.191 and 0.108 acre tracts for temporary construction easements, and an approximate 0.091 acre tract for electric utility easement, all being located in the Robert Beaumont Survey, Abstract Number 31, Tracts 101, and 220 as evidenced by conveyance to Rayzor Investments Ltd. by instrument recorded by deed in Volume 1796, Page 601, Denton County deed records, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (5-0). T.R2009-018 - A resolution of the City of Denton approving a change in the tariffs of Atmos Energy Corporation, Mid-Tex Division (“Atmos”) as a result of a settlement between Atmos and the Atmos Texas Municipalities (“ATM”); finding that the rates set by the attached tariffs to be just and reasonable; finding that the meeting complied with the Open Meetings Act; and declaring an effective date. U.Approved a request for an exception to the Noise Ordinance to extend working hours for the purpose of Hodges and Associates, P.L.L.C. to pour concrete paving for the Rayzor Ranch Market Place construction on US 380. The contractors, Mario Sinacola and Sons, need an exception to operate between the hours of 2:30 a.m. and 6:00 a.m., Monday through Saturday, for approximately three weeks between July 27, 2009, and August 20, 2009. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for Detail Plan approval to allow for the development of 192 multifamily housing units, amenity center, pool, passive pedestrian trail and parking on approximately 15.645 acres of land located within a Planned Development (The Preserve Planned Development, PD-132) zoning district generally located 550 feet east of Old Highway 77, north of Shady Shores Road, south of Lakeview Boulevard and west of Swisher Road; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z09-0002) The Planning and Zoning Commission recommended approval (4-0) with conditions. Mark Cunningham, Director of Planning and Development, stated that the proposed Detail Plan included 192 multifamily dwelling units, an amenity center, pool, passive pedestrian trail and parking on approximately 15.645 acres of land within PD 132. The subject site was located within Area C of PD-132 which permitted up to 400 multifamily dwelling units. Council previously approved a Detail Plan for 192 multifamily units immediately west of the subject property and that site was now developed. The Planning and Zoning Commission recommended approval with the following conditions: (1) the maximum number of dwelling units permitted by the Detail Plan would be 192 multifamily units, an amenity center, pool, passive pedestrian trail and parking on approximately 15.645 acres of land within Area C of PD-132 and (2) the applicant would provide a 6 foot tall wrought iron style fence along the perimeter of the 15.645 acre site, outside of the mapped floodplain. City of Denton City Council Minutes July 21, 2009 Page 11 Council Member Watts asked about the density of units per acre. Cunningham stated that it was a little over 12 units/acre. Council Member Gregory asked about the location of the flood plain. Cunningham showed the location of the flood plain and the passive recreation trail. Council Member Gregory asked if there were plans for a sidewalk along the flood plain. Cunningham stated that the passive trail would be preserved. Mayor Burroughs noted that under the planned development which was previously approved for this location, the density could be as much as 20 units/acre. Cunningham replied correct that the proposed density was much lower. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Jim Grose, Oakwood Development, was present to answer questions. Council Member Gregory asked about plans for the trees as the development proceeded. Grose stated that they would preserve the trees but would eliminate the underbrush in the flood plain which would help with water flow. They had a meeting with the neighbors and plan to keep most of the trees. None of the major trees would be removed. Chris Cash, 168 Chaparral, Shady Shores, 76208 - opposed Joel Hays, 4809 Crossvine Court, Denton, 76208 - opposed Council Member Gregory asked for a clarification of the fence. Cunningham stated that it would be a 6 foot tall wrought iron fence along the perimeter of the site outside the mapped floodplain. Council discussed the placement of fence, the location of the floodplain, and park dedication credit for flood plain area. Council Member Watts asked if the preservation of the trees along the creek and the cutting of only the underbrush was memorialized somewhere or would that be addressed at a later time. Cunningham noted that the trees would be preserved; however, Council could add a condition that all trees in the 100 year flood plain would be preserved. A five minute rebuttal was allowed. Mr. Grose stated that they wanted to work with the neighborhood in terms of traffic. It was not their intention to cut down any more trees than City of Denton City Council Minutes July 21, 2009 Page 12 necessary for development. He would hate to see a restriction to not cut down any trees. They would have to remove some underbrush for the walkway. He also noted that the elevation of the buildings would be lower than the previous buildings. The Mayor closed the public hearing. Council Member Heggins asked about the flood plain maintenance for the current site and the offsite area. Grose stated that on-site they would have to keep the flood plain clean to maintain the water flow. The prior development did not have any property improvements across the property. Off- site maintenance was out of their control as they did not own the property. Council Member Gregory stated that when the Planning and Zoning Commission approved the proposal it appeared that they were under the impression that the trees along the flood plain would remain untouched. Citizens were also expressing the desire to maintain the east side of the underbrush. Grose stated that they were willing to work with the neighbors but also had to work with the Parks Department for the pedestrian trail. Mayor Pro Tem Kamp asked if this would affect both sides of the creek. Cunningham stated that the east side was not part of the proposal and not Oakwood Development’s property. Mayor Pro Tem Kamp asked how many trees were on the east side of creek. Cunningham replied that they could not do a physical count of the trees but that the 100 year flood plain was a recorded Environmentally Sensitive Area. The underbrush could be removed but not the trees except for dead or diseased trees. Council Member Mulroy stated that his preference was to preserve as many trees as practicable. The ESA level of regulation was one that the applicant would have to comply with. Jerry Drake, Deputy City Attorney, stated that the planned development could modify the standards associated with the development. Mayor Burroughs stated that each step of the process had its own parameters to work with and questioned if a landscape plan could be created as part of the detail plan. Drake stated that a landscape plan with some conditions could be included with the detail plan as long as they were consistent with the concept plan and standards already in place. Council Member Watts stated that the fence as conditioned by the Planning and Zoning Commission was not on the detail plan. Cunningham replied that the plan could be modified and resubmitted to Planning. The applicant did have a plan showing the placement of the fence. City of Denton City Council Minutes July 21, 2009 Page 13 Council Member Watts stated that he would like the plan to show the ESA. Cunningham suggested adding a condition that the applicant would submit a revised Detail Plan showing the extent of Environmentally Sensitive Area and the location of the 6-foot perimeter fence within 30 days of the July 21, 2009 public hearing or the subject Detail Plan would be null and void without any further action. Council Member Engelbrecht asked if the ESA regulations applied as the ordinance approving the planned development was older than the regulations. Mayor Burroughs stated that the Detail Plan indicated that 100 year flood plain which qualified as a definition of an ESA. It should not be a problem. The following ordinance was considered: NO. 2009-168 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAIL PLAN TO ALLOW FOR 192 MULTIFAMILY HOUSING UNITS ON PROPERTY LOCATED WITHIN A PLANNED DEVELOPMENT (THE PRESERVE PLANNED DEVELOPMENT, PD-132) ZONING DISTRICT COMPRISING 15.645 ACRES IN SIZE BEING LOCATED 550 FEET EAST OF OLD HIGHWAY 77, NORTH OF SHADY SHORES BOULEVARD, SOUTH OF LAKEVIEW BOULEVARD AND WEST OF SWISHER ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.(Z09-0002) Kamp motioned, Watts seconded to adopt the ordinance with the conditions recommended by the Planning and Zoning Commission plus the condition that the applicant would submit a revised Detail Plan showing the extent of Environmentally Sensitive Area and the location of the 6-foot perimeter fence within 30 days of the July 21, 2009 public hearing or the subject Detail Plan would be null and void without any further action. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “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 regarding a Specific Use Permit to allow forty-six (46) attached and fifty- four (54) detached single family dwelling units on property located within a Neighborhood Residential 3 (NR-3) zoning district, the approximately 30.7 acres site being located at the southwest corner of Hinkle Drive and Windsor Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and effective date. (S09- 0002) The Planning and Zoning Commission recommended denial (5-0). A SUPERMAJORITY C. VOTE BY OUNCIL IS REQUIRED FOR APPROVAL Mark Cunningham, Director of Planning and Development, stated that the proposal was for 46 single-family attached and 54 single-family detached dwelling units. The single-family detached units were permitted by right while the 46 attached units would need a Specific Use Permit. The proposed SUP would bind both the attached and detached units. The SUP for both the detached City of Denton City Council Minutes July 21, 2009 Page 14 and attached units was being used in order to create a buffer from the neighborhood. A 50-foot landscape buffer would be provided along Windsor Street and Hinkle Drive and a minimum 30- foot landscape buffer along the southern property boundary. In February 2007 Council approved a zoning change from NR-2 to NR-3 with the following overlay conditions: (1) the woods along the south and east boundary of the site would be preserved; (2) a perimeter fence with a “wrought” iron appearance, with taller posts topped by a decorative finial at the corner of each lot would be installed along the perimeter of the site. The setback of the fence would be 50 feet minimum from the existing curb. Rows of shrubbery between the fence and sidewalk would be installed to obtain privacy. The distance from the fence and back of the sidewalk would be a minimum of 12 feet. The developer, and later an H.O.A. would take responsibility for maintenance and irrigation of the approximately 3-acre perimeter landscape area; (3) except for glazing, doors and trim, the exterior of the homes would be vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation; (4) restrictions and conditions for the single-family detached homes included street right-of-way would be a minimum of 56 feet, parkway width would be a minimum of 9 feet, sidewalk width would be a minimum of 5 feet, front yard setback would be a minimum of 15 feet, side yard setback would be a minimum of 6 feet, rear yard setback would be a minimum of 10 feet, except for rear entry garages, rear yard setback would be a minimum of 20 feet if garages were accessed through the rear of the property, front entry garages would be setback 12 feet from the front most wall of that unit and three car garages would not face the street. The Planning and Zoning Commission recommended denial thus requiring a supermajority vote by the Council. The Development Review Committee recommended approval with the following conditions (1) the approval of the Specific Use Permit would not grant any waiver to the Overlay conditions approved by Ordinance 2007-032; (2) the site plan as submitted and shown would be binding and guide the development of the Specific Use Permit; (3) all single-family attached development would conform to the requirements of the site plan; however, any other use permitted by right under the NR-3 zoning classification and use designation, including the single-family detached uses shown were not subject to any restrictions imposed or implied by the site plan and were subject only to the general zoning restrictions imposed for the NR-3 zoning district classification and use designation by the Denton Development Code; (4) the applicant would provide a minimum 50 foot landscape buffer along Windsor Street and Hinkle Drive and a minimum 30 foot buffer along the southern property boundary as shown on the site plan; and (5) the applicant would preserve all trees currently existing on the western property boundaries or the trees could be removed through sufficient mitigation methods approved by the City’s Urban Forrester. Mayor Burroughs stated that traffic with the current zoning of NR-3 would not be affected as the developer could build an equivalent number of single family detached units. Council Member Watts stated that when the proposal was first presented to change the zoning from NR-2 to NR-3, a general outline was presented but not an official site plan on how the property would be developed. He questioned if the single-family attached was included at that time. Cunningham stated that unless the site plan was presented as part of the approval for the zoning, it was not binding at the time. Council Member Watts stated that the west side of the proposal was park property and asked if there was any other single-family attached in the area. City of Denton City Council Minutes July 21, 2009 Page 15 Cunningham stated that Good Samaritan had single-family attached units as well as other smaller single-family attached lots in the area. Council Member Mulroy stated that Good Samaritan contained duplexes, the Meadow Ridge area has zero lot line homes and the NR-6 zoning had single family homes. Council Member Engelbrecht stated that Bowling Green and Vanderbilt had homes originally designed as two-family. The individual purchasers made a mix of single-family and duplexes. The Mayor opened the public hearing Lessie Perry, 720 Mimosa, Denton, 76201 - opposed David Speicher, developer - favor Council Member Mulroy asked if the single-family attached units would be individually platted lots. Speicher replied correct that each had its own lot but were attached. These would not be rental property units. Mayor Burroughs asked if the units would rented or individually sold. Speicher replied that they would be sold. Mayor Burroughs asked if these would be limited to seniors. Speicher replied that the subdivision was designed so that in the future it could become a gated community. Mayor Burroughs stated that the property was rezoned two years ago and questioned why the proposal was not presented two years ago. Speicher stated that the zoning required an SUP regardless of when it was done. Council Member Watts stated that each single-family attached unit represented a townhome attached at a lot line. Speicher stated that only five units could be attached together and required a six foot setback. Council Member Watts asked for the minimum square footage according to the current zoning. Cunningham stated that areas over two acres were based on density and not according to lot size or building size. Council Member Watts asked why attached units rather than all detached units. Speicher stated that there was a huge need for townhomes in Denton and felt the market would take care of it. City of Denton City Council Minutes July 21, 2009 Page 16 Council Member Watts stated that only one ingress/egress was proposed for Hinkle. Speicher stated that they were required by code only to have access on Hinkle but have another access for emergency vehicles. They were not allowed to use Windsor. Council Member Mulroy asked how they could be assured of the minimum square footage. He questioned what the requirements for site plan were. Cunningham stated that it was required only on the site plan. What was currently shown was not binding. Council Member Mulroy asked how to assure the public and Council that the development would have the size of the attached product as noted. Cunningham stated that if all of the units were single-family detached there would be nothing to guarantee a particular size house but as an SUP, conditions could be put on it. Speicher indicated that they were favorable towards the 1600 foot minimum. Council Member Engelbrecht asked if there would be rear access to the homes. Speicher replied correct that the townhomes would have rear access. Council Member Engelbrecht asked about the size of the buffer on Windsor and Hinkle if the SUP were not granted and it remained NR-3. Cunningham stated that it would be substantially less than what was proposed. Council Member Engelbrecht asked if there were architectural standards for NR-3 zoning. Cunningham replied there were no standards, only an offset garage. Council Member Engelbrecht stated that under the current zoning the standard was a typical subdivision “box”. Cunningham replied correct. Council Member Gregory asked with the attached units what percentage of the platted lot was pervious and what percentage was impervious. Speicher stated that there would be areas with extra green space for a courtyard appearance. Cunningham replied that it would be 50%. Kirk Pierce, 500 Mimosa, Denton, 76201 - opposed City of Denton City Council Minutes July 21, 2009 Page 17 Mayor Burroughs stated that if the property were developed the way it was laid out right now, there would be 200 more car trips than what was being proposed. He questioned why the neighbors would be opposed to a less density. Council Member Engelbrecht stated that the current standard would allow the same number of big box homes; however, the proposed zoning would allow for the control of the square footage and standards for elevation. The proposed zoning also allowed for a large buffer along Windsor and Hinkle. Cynthia Cundall, 700 W. Windsor, Denton, 76207 - opposed Shawn Zeigler, 715 Mimosa, Denton, 76201 - opposed Barbara Reinke, 701 Northridge, Denton, 76201 - opposed Robert Curry, 1210 Meadow Ridge, Denton, 76201 - opposed Jack Frisby, 405 Magnolia, Denton, 76201 - opposed Comment cards in opposition were received from: John Williams, 714 Mimosa, Denton, 76201 Nannette and Kevin Williams, 714 Headlee, Denton, 76201 Margaret Lambert, 710 Northridge, Denton, 76201 Bobby and Mary Sigle Morris, 700 Magnolia, Denton, 76201 Hatice Salih, 300 Northridge, Denton, 76201 Daniel Garza, 300 Northridge, Denton, 76201 Doretha Wilson, 606 Mimosa, Denton, 76201 Charles Borth, 626 Magnolia, Denton, 76201 Gail Gerber, 1200 Meadow Ridge, Denton, 76201 Rob Storrie, 2901 Lakewood, Denton, 76207 Kathleen Goldmann, 301 Northridge, Denton, 76201 Tom and Margaret Hook, 721 W. Windsor, Denton, 76207 Additional speakers against the proposal were: Charles Wahlert, 803 Thomas, Denton, 76201 Devin Taylor, 921 N. Carroll, Denton, 7620 - concerned about bike lanes Gail Garber, 1200 Meadow Ridge, Denton, 76201 Tom Hook, 721 W. Windsor, Denton, 76201 Bobby Morris, 700 Magnolia, Denton, 76201 The petitioner was allowed a five minute rebuttal. Mr. Speicher stated they would be paying for a signal at the intersection of Hinkle and Windsor, an 8’ bike and pedestrian trail along the west side of Hinkle would be constructed, they would work with the city to restripe Hinkle to remove the current bike path and create a left turn lane and right turn lane for the entrance into the development. He also noted that the number of homes would be equal whether single-family detached or single-family attached homes were built. Council Member Watts asked if the picture of townhomes shown by Mr. Speicher were from Colleyville Speicher replied correct from the Colleyville Towncenter. City of Denton City Council Minutes July 21, 2009 Page 18 Council Member Mulroy asked if the single family attached homes would be two story. Speicher replied correct. The Mayor closed the public hearing. Council Member Engelbrecht felt that there would be increased traffic in the area no matter what type of project was built. Zoning was also already in place and he asked what could be done to assist the neighborhood and minimize the traffic. He questioned if there was any plan for a study to address that issue. Cunningham stated that staff would assist the developers but with any scenario, a Traffic Impact Analysis would be done at the time of development. Mayor Pro Tem Kamp stated that the Council Mobility Committee would be looking at mobility issues for entire city in the future. Council Member Gregory stated that Windsor was a difficult street as it was wide in some areas and narrow in others. The site needed to be developed properly to make it work. Council discussed the 2007 conditions placed on the property and the suggested conditions by the Development Review Committee plus the difference in conditions with the attached versus the detached homes. Council Member Heggins felt that it was not good to break the continuity of a neighborhood. Council Member Mulroy stated that he was in agreement that the site plan to go forward to include the total development. The matter he heard most about was the traffic. He noted that when the developers come in for platting, a Traffic Impact Analysis would be done. He asked the developer how tight the time line was on this development. Speicher stated that they did not have an immediate time line. Council Member Mulroy suggested that more information was needed on the traffic in the area and felt that staff might want to revisit the proposal and bring back recommendations to Council. He asked the developer if he had any problems with the qualitative items presented thus far. Speicher replied that he did not have any problems so far with specifics suggested. Council Member Watts felt that if the proposal were delayed, it would allow staff to rework some of the language. He asked the developer for examples of single family detached projects done and the names of single-family attached projects completed. Mayor Pro Tem Kamp stated that the Mobility Committee would continue to work with staff on the traffic issues. th Mulroy motioned, Kamp seconded to table the item until the August 4council meeting. On roll vote, Engelbrecht “nay”, Gregory “aye”, Heggins “nay”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”.Motion carried with a 5-2 vote. City of Denton City Council Minutes July 21, 2009 Page 19 C.The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow for gas well drilling and production on property located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site being located on the west side of Bonnie Brae Street, north of Scripture Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date.(S09-0006) The Planning and Zoning Commission recommended approval (4-0). Mark Cunningham, Director of Planning and Development, stated that this proposal was not a part of the Rayzor Ranch development. The proposal was for a Specific Use Permit for gas well development on property at the Rayzor Ranch overlay district. The Planning and Zoning Commission recommended approval as well as the Development Review Committee for a Specific Use Permit with 10 conditions. Those conditions included: (1) the approval of this Specific Use Permit shall not grant any waiver to the overlay conditions approved with Ordinance No. 2008-284.; (2) the applicant shall install a screening fence along the northern, southern and western boundaries of the site and a type “D buffer on the portion of the site along Bonnie Brae Road; (3) the screening fence and type “D buffer, as conditioned, shall be constructed within 30 days after drilling operations are complete or planted during the first dormant season after drilling, if approved by the City Landscape Administrator; (4) if screening or landscaping was damaged or removed during fracturing or refracturing operations, the operator of the gas well shall be responsible for replacing the damaged or removed portions of the landscaping; (5) the site plan as submitted and shown in Exhibit 6 shall guide the development of gas wells on the subject site; (6) prior to the issuance of a gas well permit and the commencement of operations, the operator shall submit a noise management plan to the Development Review Committee for review and approval, detailing how the equipment used in the drilling, completion, transportation, or production of the wells complies with the maximum permissible ambient noise levels. The maximum permissible ambient noise level shall not exceed ninety (90) decibels as measured 300 feet from the boundary of the drill site; (7) prior to the issuance of a gas well permit, the operator shall be responsible for establishing and reporting to the City a continuous 72 hour pre-drilling ambient noise level. The 72 hour study shall include at least one twenty four hour reading during a Saturday or Sunday. The operator shall use the prior established ambient noise level for the installation of any new noise generation equipment unless the operator can demonstrate that the increase in the ambient noise level is not associated with drilling and production activities located either on or off-site; (8) the sound level meter used in conducting noise evaluations shall meet the American National Standard Institute’s Standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data; (9) a citation may be immediately issued for failure to comply with these conditions. However, if the operator was in compliance with the approved noise management plan, and a violation still occurred, the operator would be given 24 hours from notice of non-compliance to correct the violation from an identified source before a citation was issued. Additional extensions of the 24 hour period may be granted in the event that the source of the violations cannot be indentified after reasonable diligence by the operator; and (10) the operator of the gas well shall instruct and ensure that employees involve in the operation of the gas wells park vehicles on-site only. Council Member Watts asked about Condition #4 and how long the operator had to repair the landscaping. City of Denton City Council Minutes July 21, 2009 Page 20 Cunningham stated that it depended on when it was done – whether it was in a growing season or not. Council Member Watts suggested using language for condition #4 as was used for condition #3. In regards to condition #9, he asked if the developer would receive a fine after one regular noise violation. Cunningham stated that a citation could be issued immediately for failure to comply with the conditions. However, if the operator was in compliance with the approved noise management plan, and a violation still occurred, the operator would have 24 hours from notice of non- compliance to correct the violation from an identified source before a citation was issued. Additional extensions of the 24 hour period could be granted in the event that the source of the violations could not be identified after reasonable diligence by the operator. Mayor Burroughs asked if the noise level in condition #6 was for 24 hours a day. Cunningham replied that it would be maintained 24 hours per day. Mayor Burroughs asked if there would be a decrease at night. Cunningham stated that standard operations would be performed with the 90 db levels including during the night. The Mayor opened the public hearing. Mary Patton, Range Production Company, stated she was available for questions. Mayor Burroughs asked Ms. Patton about the requirement for noise no louder than 90 db, especially throughout the night Patton replied that was recommended by staff. It took 3-4 weeks to drill each well, working 24/7. Fracking would involve another week which was only done during the day. Sound walls would be put up, especially along Bonnie Brae near the neighborhoods, to keep the impact below the 90 db level. After the wells were completed, there was no noise associated with the wells. Mayor Pro Tem Kamp asked how the location of the wells was chosen. Patton stated that the surface rights were separate from the mineral estate. An agreement was made on where the pad sites would be granted through a different developer. Range had determined that they only needed one pad site for a smaller footprint. Mayor Pro Tem Kamp asked if the other pad sites were at different locations on the property. Patton replied correct that there were other sites shown on the Rayzor Ranch Overlay but that those had been relinquished by Range. Mayor Pro Tem Kamp stated that this site was the only choice by Range. City of Denton City Council Minutes July 21, 2009 Page 21 Patton replied that Range did not need to develop the other sites, that this one was sufficient. Mayor Pro Tem Kamp asked if this was the only site or could it be moved. Patton replied that they would not want to move the site. Council Member Gregory asked how close the wells were on the pad site. Patton replied that they were 30 feet apart. Council Member Gregory asked how close the houses were to the pad site. Patton stated that there could not be any residential structures within 250 feet. Council Member Gregory asked who received the royalties from the gas. Patton stated that only the property under lease was under Rayzor Ranch which went to Rayzor Investments. Council Member Engelbrecht questioned that drilling 5 wells on the site would only take with 3- 4 weeks of work per site. Patton replied correct. Council Member Engelbrecht stated that the wells he was aware of took longer than that. He asked about a work over rig. Patton stated that was the time it took for the drilling rig to be on location and drill the wells. The rig was then removed and completion equipment was moved in to do the frack job. After that the production equipment was installed. Council Member Engelbrecht stated that then under Patton’s estimate, there would be a minimum of five months of drilling with a derrick up. Patton replied that they were not planning on drilling the wells back to back. This was an exploratory area and they needed to drill the first well and move the rig off and then evaluate the results. Council Member Engelbrecht asked for a definition of the term “work over” with a well. Patton replied that tubing was first run in the well. If the design of the tubing was changed or if it needed to be changed out, a work over rig would be used to pull the tubing. Council Member Engelbrecht asked about the requirements for the well when it was no longer a working well. Patton replied that if the first well was not productive, it would be plugged and they would move on. If productive, they hoped to have a life span of 20 years. City of Denton City Council Minutes July 21, 2009 Page 22 Council Member Engelbrecht asked what happened at the end of 20 years. Patton stated that the Railroad Commission required them to flood the wells within a year of becoming inactive. All equipment was removed and well would be plugged according to Railroad Commission regulations. The casing might be pulled if salvageable. Council Member Engelbrecht asked Patton if she was aware of the opposition in last two day to this issue. Patton replied yes. Council Member Mulroy asked about the noise restriction. After the initial drilling and treatment could the developer live with the restriction of normal working hours including a compressor. Patton stated that is was her understanding that a compressor would not be needed but if so, they would sound proof it with sound walls. Mayor Burroughs stated that outside of the original drilling, fracking and emergencies, all other noises would adhere to the standard noise ordinance limits. Patton relied that the Planning and Zoning Commission recommendation was below 90 db with sound walls. They had no problem with the lower limits. Council Member Watts stated Range Resources had acquired this lease from a previous operator who had negotiated three pad sites. Patton replied correct. Council Member Watts asked if the other sites were still under Range’s control or had they been relinquished to the surface owner. Patton replied it was her understanding was that they had been relinquished. She had only mentioned them because she had been asked why they picked this particular site. They had evaluated several pad sites and this was the best available pad site. Council Member Watts stated that the other sites were not available to Range. Patton replied correct. Council Member Gregory asked what kind of analysis was done after drilling. Patton stated that as the drilling was being done, they would evaluate if the well was going to be a production well. During fraction they would continue with their evaluations such as drilling more wells, what kind of equipment to use, etc. City of Denton City Council Minutes July 21, 2009 Page 23 Tennessee Walker, Range Resources, stated that the initial agreement had well four sites but to limit the use of land and make concessions to the landowner they amended the agreement to only have the rights to this one site. Additional public hearing speakers included: Scott Langford, 810 Stanley, Denton, 76201 - opposed David Williams, 819 Stanley, Denton, 76201 - opposed Charles Wahlert, 803 Thomas, Denton, 76201 - opposed Bill Carter, 730 Thomas, Denton, 76201 - opposed Claire Hetherington, 2309 Panhandle, Denton, 76201 - opposed Brett Darr, 2309 Panhandle, Denton, 76201 - opposed James Hutton, 924 Thomas, Denton, 76201 - opposed Jake Hendricks, 1014 Hillcrest, Denton, 76201 - opposed Heidi Klein, 621 Hillcrest, Denton, 76201 - opposed Margarete Neale, 731 Hillcrest, Denton, 76201 - opposed Pamela Barnes, 1222 Thomas, Denton, 76201 - opposed DeeDee Romero, 1222 Thomas, Denton, 76201 - opposed David Hiegel, 820 Hillcrest, Denton, 76201 - opposed Sue Smith, 1819 Crescent, Denton, 76201 - opposed Comment cards in opposition were received from: John Hoeffler, 1704 Panhandle, Denton, 76201 Poovalur Sriji, 803 Hillcrest, Denton, 76201 Sammy Haren, 804 Hillcrest, Denton, 76201 Karen DeVinney and David Holdeman, 1820 W. Oak, Denton, 76201 William Neale, 731 Hillcrest, Denton, 76201 Gena Williams, 819 Stanley, Denton, 76201 Additional public hearing speakers included: Sher Smith, 909 Stanley, Denton, 76201 - opposed Sammy Haren, 804 Hillcrest, Denton, 76201 - opposed Dean Wynn, 818 N. Bonnie Brae, Denton, 76201 - opposed Ron Watson, 805 Ector Street, Denton, 76201 - opposed Kent McIntyre, 911 Hillcrest, Denton, 87201 - opposed Poovalur Sriji, 803 Hillcrest, Denton, 76201 - opposed Mel Sumral, 1020 N. Bonnie Brae, Denton, 76201 - opposed The petitioner was allowed a five minute rebuttal. Ms. Patton stated that they had worked with city staff to bring the proposal into compliance with city ordinances. The current city ordinance required waivers from homeowners with 500 feet of the well head. They had received the two required waivers. Mayor Burroughs stated that Ms. Patton had indicated that the northwest site was not viable. He asked if there were any possibility of revisiting that site. City of Denton City Council Minutes July 21, 2009 Page 24 Patton replied that the surface owner was not willing to grant that pad site. Mayor Burroughs noted that another issue was the lighting on the rigs as it was very bright. He asked if there would be directional lighting. City Attorney Burgess read the section of the Code dealing with directional lighting. However, she noted that safety came first. Mayor Burroughs asked about the sound noise. Patton stated that the sound walls would knock the sound down by 20 db. Mayor Burroughs asked about the time when the trucks would be coming in and out. Patton stated that they would be sensitive to the truck traffic but initially it might have to be 24 hours per day. Walker stated that there were both mineral rights owners and surface use owners and some of the negotiations were out of their hands. Council Member Mulroy stated that the location of this pad site appeared to be by default as the other sites were given up. He felt the information was incomplete at this time and questioned that this was the only viable location at this time. The City was obligated to give access to the minerals but not at any location. He requested more data to back up that this site was the only place to drill. Mayor Pro Tem Kamp questioned that if Council received the requested data, would there be a choice in this matter or did mineral rights trump everything else. City Attorney Burgess stated that in Texas, mineral rights dominated which was a consideration Council needed to note. If more information were obtained, Council might want to discuss the legal issues involved. She asked how the litigation was going and would a delay impact their litigation. Patton stated it was past the time they should have already started drilling. Walker stated that they had asked for an extension under the surface use agreement. The Court had issued a temporary restraining order enjoining the other party from preventing them from obtaining the necessary permits to begin drilling. The extension required them to obtain the permits and begin drilling before the end of August. Council Member Engelbrecht asked if the City had people who could review this data. Would it be beneficial to have a couple of independent looks at this data. Mayor Burroughs stated that Council needed to know options if the surface and mineral owners didn’t mind using a different site and if geological data showed it was possible, could the Council force Range to move to an alternate site. City of Denton City Council Minutes July 21, 2009 Page 25 Council Member Mulroy felt that a closed session was needed to work out the details. He understood the rights to the minerals and was not precluding that but the Council also had to balance the safety of citizens. He asked when Range first got possession of the lease. Patton replied at least a year ago. Council Member Mulroy stated that they were now down to a matter of days to get the specific use permit for drilling. Walker stated that if the Council needed to postpone, it would have to be. Patton stated that the other pad sites were shown and included to demonstrate how this was the best site and was planned for quite some time. It was pubic record and the plans were made by another operator. Range had evaluated the sites and determined the most logical location with the smallest footprint. They had worked with staff to make sure they met all of the City’s ordinances which were written with safety in mind. The Mayor closed the public hearing. th Mulroy motioned, Kamp seconded to table the item until the August 4 Council meeting pending the information as requested. That information included the pooling agreement, what was submitted to the Railroad Commission, lease carve outs, a map of the property, and the actual distances on the northern tracts. On roll vote, Engelbrecht “aye”, Gregory “nay”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried with a 6- 1 vote. D.The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas regarding amendments to the Rayzor Ranch Overlay District encompassing approximately 410 acres of land located generally on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street, specifically including amendments to the development standards applicable to the Rayzor Ranch Overlay District, as well as the provisions of Subchapter 35.7 of the Denton Development Code, and approving amendments to the Rayzor Ranch Special Purpose Sign District. (Z06-0029, Z06- 0030 and S07-0001) The Planning and Zoning Commission recommended approval (6-0). Chuck Russell, Planning Manager, stated that this proposal would amend the previously approved architectural and landscape standards and sign district. The final right-of-way screening must be installed within 6 months after the final certificate of occupancy was issued for 80% of the lots fronting US 380 or within two years of the effective date of the exhibit, whichever was less. The applicant was requesting to complete the standards, locations and design of the remaining signs for the Northern Tract. Council Member Engelbrecht stated that there were many changes in the landscaping standards with lots of strike outs in the material. Russell stated that the previous language was being modified to more accurately reflect what was going to happen north of the big boxes. City of Denton City Council Minutes July 21, 2009 Page 26 Council Member Gregory stated that the earlier version of the landscape plan indicated a tree every 20 linear feet and 20 shrubs in between. The new plan indicated one tree for every 20 feet and no shrubs. Russell replied that was correct and they now had a better idea where to physically plant the materials in the area. The 8 foot wall would have the green on the outside of the wall. 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. 2009-169 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUPERSEDING THE PREVIOUSLY APPROVED ARCHITECTURAL AND LANDSCAPE STANDARDS ASSOCIATED WITH THE RAYZOR RANCH OVERLAY DISTRICT; SUPERSEDING THE PROVISIONS OF THE RAYZOR RANCH SPECIAL SIGN DISTRICT PREVIOUSLY APPROVED BY ORDINANCE 2008-319; RE- DESIGNATING THE SECTION NUMBERS ASSOCIATED WITH THE CODIFIED PROVISIONS OF THE OVERLAY DISTRICT, FOR EDITORIAL PURPOSES ONLY; ALL OF WHICH CHANGES APPLY TO LAND LOCATED GENERALLY ON BOTH SIDES OF U.S. HIGHWAY 380 (WEST UNIVERSITY DRIVE), BETWEEN INTERSTATE HIGHWAY 35 AND BONNIE BRAE STREET, AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT A; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Kamp seconded to adopt the ordinance. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “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 an effective date. The Mobility Committee (Tabled from March 3, 2009) recommends approval (3-0). This item remained on the table. Tabled B. - Consider adoption of an ordinance of the City of Denton, Texas, providing for zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed City of Denton City Council Minutes July 21, 2009 Page 27 Use 12 (NRMU-12) zoning district classification and use designation with an overlay district, on approximately 15.13 acres of land located west of Stuart Road and approximately 600 feet northwest of the intersection of Windsor Street and Stuart Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z08-0016, Pine Creek). The Planning and Zoning Commission recommends approval (4-2) with an overlay (Tabled from June 16, 2009) district. Mulroy motioned, Kamp seconded to remove this item from the table. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. City Manager Campbell stated that the applicant was in agreement to table this item indefinitely with direction to remove it from the agenda and when the applicant and staff were ready for action by Council, it would be included on an upcoming agenda. Kamp motioned, Gregory seconded to table the item indefinitely. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. C.The Council considered appointments to Council committees. Mayor Burroughs stated that the list of nominations had been presented and discussed in the Work Session. Mulroy motioned, Heggins seconded to approve the nominations as presented. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. D.The Council considered appointments to the following boards and commissions: 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Construction Advisory and Appeals Board 5. Historic Landmark Commission 6. Human Services Advisory Committee 7. Library Board 8. Parks, Recreation and Beautification Board 9. Planning and Zoning Commission 10. Public Art Committee 11. Public Utilities Board 12. Traffic Safety Commission 13. Zoning Board of Adjustment Mulroy motioned, Kamp seconded to approve the nominations as discussed during the Work Session. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. City of Denton City Council Minutes July 21, 2009 Page 28 E. The Council considered nominations/appointments to the Economic Development Partnership Board. Mayor Pro Tem Kamp stated that the Nominating Committee was recommending the following appointments: City Council representative – Dalton Gregory; Chamber of Commerce representative – Virgil Strange; and top 20 taxpayers – Caleb O’Rear and Denny Aldridge. Kamp motioned, Engelbrecht seconded to approve the nominations. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. F. Citizen Reports 1.Review of procedures for addressing the City Council. 2.The Council received citizen reports from the following: a.Charles Jones regarding airport lot lease. Mr. Jones stated that he had received a notice of termination of a lease regarding completion time and financing availability. He felt that the problems had been resolved and needed a short extension to complete the paperwork. He questioned if his lease would be terminated at the end of the month and felt that he had the financing issues worked out. b.Catherine Bell regarding several issues in Southeast Denton. Ms. Bell was not present at the meeting. c.Bob Clifton regarding DCTA right-of-way and the City of Denton. Mr. Clifton was not present at the meeting. d.Nell Yeldell on trespassing on her property and the bugging of phones and cars. Ms. Yeldell was not present at the meeting. 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 suggested by Council. 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. City of Denton City Council Minutes July 21, 2009 Page 29 I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 1:21 a.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS