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June 16, 2009 Minutes CITY OF DENTON CITY COUNCIL MINUTES June 16, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 16, 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.Staff responded to requests for clarification of agenda items listed on the agenda for June 16, 2009. Mayor Burroughs noted that information concerning Consent Agenda Item 3A, the census count, needed to be publicized and that he would pull the item for separate consideration. 2.The Council received a report, held a discussion and gave staff direction regarding proposed amendments to the Rayzor Ranch Sign District, Landscaping Plan, and Architectural Details relative to the area north of Hwy. 380 of the approximately 410 acres of land, generally located on both sides of West University Drive/U.S. Highway 380, and being generally located between IH-35 and Bonnie Brae Street. (Z06-0029, Z06-0030 and SD07-0001) Chuck Russell, Planning Manager, stated that the purpose of the discussion was to review the architectural guidelines of the project, the landscaping and special sign district. These will be st considered at a public hearing on July 21. Architecture Guidelines – There was an existing concept plan with guidelines approved for areas noted as RR3 and a fueling station under consideration for the area noted as RR2. Staff and the developer were happy with these guidelines giving the development a “hill country” type of theme. The guidelines also approved the color palate and materials to be used for construction. The Wal-Mart had a new permit application with a new elevation and made all of the changes requested by staff to keep with the initial theme. The Sam’s to be built next to the Wal-Mart will not be changed. The US 380 frontage stores will use the same architectural theme as the big boxes. The out parcels at the main entrance on US 380 will mirror the big box guidelines. Landscaping – The applicant had prepared a detailed landscape plan and revised standards for the area north of US 380. It included some deviations from the Denton Development Code; however, it exceeded current Code requirements in several aspects. The detailed landscape plan now showed where the landscaping would be located on the site plan. An 8 foot masonry wall with landscaping along the back portion of the property would be included. Overall, the landscaping was consistent with the requirements of the ordinance. In terms of the big boxes, the landscaping would be installed last. 80% of the certificate of occupancy would be issued before the landscaping was required. That would settle all of the landscaping at one time instead tearing it up when building. Council Member Watts asked if there was a time limit for planting. Russell replied that there was no end cap at this time and it was not part of what the Planning and Zoning Commission recommended. City of Denton City Council Minutes June 16, 2009 Page 2 Special Sign District – On June 17, 2008, Council approved the framework for the special sign district with the understanding that specific sign locations, dimensions and design guidelines would be brought forward for consideration at a later date. In December 2008, Council approved the location and design of four detached multi-tenant pylon signs for the northern tract. The applicant was now requesting to complete the standards, locations and design of the remaining signs for the northern tract. The applicant was proposing to add or amend the sign definitions of the Code to tailor them for Rayzor Ranch. Council Member Gregory asked if these proposals were changes or more of a filling in the details nature. Russell felt that for this meeting, it was more of a fill in the blank nature. Council Member Mulroy requested an economic equation to any proposed changes. He wanted to stay tethered to the basic concept. Council Member Watts felt that staff and Council needed to note that amendments to the proposal would affect the time of completion for construction. He asked about the completion of the big boxes. Charles Hodges, Rayzor Ranch, stated that they were three months behind on the reconstruction of US 380 with an anticipated completion date in late November, early December. They were about ready to start paving and would probably pull the permits for Wal-Mart and Sam’s in July. 3.The Council received a report, held a discussion, and gave staff direction regarding the re-establishment of Council Committees with a standard resolution which outlines the duties and purpose of each committee, establishes membership and chairmanship of each committee, and provides for ex-officio members. City Manager Campbell stated staff had started a process to draft a manual for Council to use to consolidate a number of policies, rules and information regarding council committees into one document reference guide for various committees, etc. There were a number of inconsistencies with how the council committees were created, the number of members, etc. The proposed resolution re-established all existing council committees except the Agenda Committee and Investment Committee to include three members. It outlined the duties and purpose for each committee, established membership and chairmanship selection of each committee, provided for ex-officio members, and effectively repealed previous resolutions establishing city council committees. The Investment Committee would be rolled into the Audit/Finance Committee. The Agenda Committee was addressed in the Council’s Rules of Procedure. The proposed resolution would (1) re-establish the Audit/Finance Committee with three members and dissolve the Investment Committee rolling the duties of the Investment Committee into the Audit/Finance Committee; (2) re-establish the Committee on the Environment with three council representatives; (3) re-establish the Council Appointee Performance Review Committee with three council members; (4) re-establish the Ethics Committee with three council members and repealed the current ordinance; (5) establish the Hotel Occupancy Tax Fund committee with three council members; and (6) re-establish the Mobility Committee with three council members. City of Denton City Council Minutes June 16, 2009 Page 3 Ex-officio members – some of the enabling legislation mentioned ex-officio staff members. Council had been provided an alternate resolution which eliminated any ex-officio members that were staff members. It was his suggestion that Council adopt the resolution that eliminated any ex-officio members that were staff members as these were council committees. Campbell noted that the Investment Committee would be dissolved and that the duties of the Audit/Finance Committee would include assisting the Council with internal audit functions as needed or directed by the Council. Next steps – In July staff will bring forward proposed amendments to the Council’s Rules of Procedure which would be housekeeping in nature and would reflect any changes resulting from the proposed new committee resolution. Once the Rules of Procedure were updated and approved, the draft manual would be brought forward for Council’s consideration and adoption by resolution. Mayor Burroughs stated that currently the Audit/Finance Committee required the Mayor to be a member. One proposed change was to eliminate that requirement. Mayor Pro Tem Kamp stated that if there were no specific ex-officio members from city staff, a committee could at any time request to have someone there. She had a concern particularly with regard to the Ethics Committee. City Manager Campbell stated that no council committee would meet without an appropriate staff member present. 4.The Council received a report, held a discussion and gave staff direction regarding nominations/appointments to the City’s boards and commissions. Jennifer Walters, City Secretary, stated that Council was receiving the Board/Commission notebooks at this meeting. The notebooks contained information concerning vacancies, term limits, members willing to be considered for reappointment, attendance and new applications received. She asked the Council to use the next three weeks to contact individuals they wished to nominate and provide her with the name, address and phone numbers of those individuals. A st list would be compiled for Council consideration at the July 21 work session with formal st approval at the regular meeting on July 21. 5.The Council received a report, held a discussion and gave staff direction regarding a proposed contract amendment between the City of Denton and the Greater Denton Arts Council. The Mayor left the meeting with conflict of interest. Bryan Langley, Director of Finance, stated that the City entered into an agreement with the GDAC in 1990 for the Denton Campus Theatre facility. The agreement provided for annual funding to GDAC and DCT for electric, gas and water utilities and general maintenance. It was intended to promote efficiency in electric and water usage. The contract will terminate on September 30, 2015. In terms of billing calculation, the actual usage of the preceding 2 year period was averaged for funding purposes. The 2-year average set the maximum units allotted to GDAC for a 3-year period for electric and water utilities. The electric and water utilities were City of Denton City Council Minutes June 16, 2009 Page 4 paid monthly through a city utilities billing account. Gas utilities were paid directly by GDAC and reimbursed by the City. Any unused portion of the allotted units was remitted to the GDAC in the form of an annual refund check. The annual funding allocation was approximately $105,000 each year for these costs. The GDAC also received HOT funds of approximately $150,000 each year. The Theatre will be expanding its operations to the Denton Record- Chronicle building within 3-4 months. It was requesting that the City extend utilities and maintenance funding to the new facility. Funding for the new facility was esteemed at $15,000 per year in addition to what was already funded. Staff was recommending simplifying the contract process and administration by providing a fixed annual amount to GDAC. A set annual fixed amount would be provided for the CVA and DCT facilities and a separate set annual fixed amount for new DCT facility. If directed by Council to proceed with the amendments, staff would work with GDAC to establish a mutually agreeable annual allotment. Council Member Watts questioned what energy saving conservation measures were in place at the DRC building. Council Member Mulroy asked for a projection of what the utility rate could be at the building and with improvements, what it could be. He asked staff to get those figures from Utilities. Mike Barrow, DCT Managing Director, stated that the Denton Record-Chronicle facility would provide new multipurpose space for the theatre and other arts groups in Denton. Rehearsals, Denton Theater School, a black box theatre and storage were among the uses for the new space. He indicated that since becoming Managing Director, he had done an energy audit and tried to follow it as much as possible. The overage money went into a contingency fund for upkeep of the Campus Theatre. The new facility would be located in the heart of the arts corridor and would be a perfect addition to the arts. Council Member Gregory asked if this would be private property deeded to them. Barrow stated no that this would be a long term lease for the use of the building. Council Member Engelbrecht asked if there would be separate utilities from the main DRC building. Barrow replied correct. Consensus of the Council was to proceed with the staff recommendation. Mayor Burroughs returned to the meeting. 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: City of Denton City Council Minutes June 16, 2009 Page 5 A. Consultation with Attorneys – Under Texas Government Code Section 551.071. 1.Received information from and a consultation with the City’s attorneys regarding the status of two of the pending TMPA-related cases which include: Texas Municipal Power Agency v City of Bryan, et al, Cause No. th 28,169, in the 506 Judicial District Court in and for Grimes County, Texas, and Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN- th 08-003426, in the 250 Judicial District Court in and for Travis County, Texas; discuss, deliberate, and provide direction to the attorneys and staff regarding such litigation. 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. B. Deliberations regarding Personnel Matters – Under Texas Government Code Section 551.074. 1. Deliberated the nomination and appointment of a Board Member to the Board of Texas Municipal Power Agency, a Joint Powers Agency. C. 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 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. D. Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Deliberated and discussed with City attorneys the course of action regarding contract matters involving an Advanced Funding Agreement City of Denton City Council Minutes June 16, 2009 Page 6 with the State of Texas for the receipt and use of funds from the SH 121 subaccount for the construction of various roadway projects in the City of Denton. Regular Meeting of the City of Denton City Council on Tuesday, June 16, 2009 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag 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 the Government Finance Officers Association – Distinguished Budget Presentation Award and recognition of staff members. Bryan Langley, Director of Finance, presented the award to the Council. He noted that this was nd the 22 year in a row for the award. He also recognized the staff involved in the budget process. 2.July is Recreation and Parks Month Proclamation. Mayor Burroughs presented the proclamation to Emerson Vorel, Director of Parks and Recreation. 3.The Church of Jesus Christ of Latter-day Saints Day Proclamation. Mayor Burroughs presented the proclamation to Mr. Martino for its Jubilee Year. 4.Letter of Appreciation to the City of Denton Fire Department from the Jacksboro Fire Department and other jurisdictions regarding the Montague/Jack County wild fires. Chief Ross Chadwick read the letter of appreciation from the Jacksboro Fire Department and a commendation from Governor Perry. 3. CONSENT AGENDA Mayor Prom Tem Kamp asked that Consent Agenda Item L be pulled from consideration. The item would be considered at a special called meeting on June 23rd. City of Denton City Council Minutes June 16, 2009 Page 7 Council Member Mulroy asked that Consent Agenda Item A be pulled for individual consideration. Mulroy motioned, Heggins seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exception of Items A and L. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Council Member Watts asked about the amendments to Item C. City Attorney Burgess stated as passed the red line changes were accepted with additional language by the City Manager. Item A was considered. Michelle Cunningham, Business Development Officer, stated that Denton had been asked to join with other organizations to participate in the Census 2010 count which will begin in March. The census was important because state and federal funding was dependent on census information. A community committee would be developed to get the word out regarding the census information. Mayor Burroughs stated that he wanted to call special attention to the census. Many items from the state and federal level were dependent on census information. There was a great need to get residents counted. A critical point was that information provided to the Census Bureau was private and not used for any other purpose. All residents were encouraged to complete the census form. If the form was not completed, the residents would receive a visit from a census worker to get the information. Gregory motioned, Mulroy seconded to approve the resolution. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A. R2009-014 - A resolution of the City Council of the City of Denton, Texas affirming partnership support of the 2010 Census and providing an effective date. B.2009-137 - An ordinance rescinding Ordinance No. 2004-255 establishing a standing committee of the City Council of the City of Denton, Texas for the Ethics Committee. C.R2009-015 - A resolution re-establishing a standing committee of the city council of the City of Denton, Texas to be known as the Audit/Finance Committee and assigning it additional duties; dissolving the Investment Committee; rescinding Resolution No. R2006-013, R2006-026, and Section V. of the attachment to Resolution No. R2008-009; further, re-establishing a standing committee of the City Council of the City of Denton, Texas for the City Council to be known as the Appointee Performance Review Committee; rescinding Resolution No. R2007- 043; further re-establishing a standing committee of the City Council of the City of Denton, Texas for the City Council to be known as the City Council ; Committee on the Environment; rescinding Resolution No. R2005-040 further, City of Denton City Council Minutes June 16, 2009 Page 8 re-establishing a standing committee of the City Council of the City of Denton, Texas for the City Council Ethics Committee; further, establishing a standing committee of the City Council of the City of Denton, Texas for the City Council Hotel Occupancy Tax (HOT) Committee; further, re-establishing a standing committee of the City Council of the City of Denton, Texas for the City Council Mobility Committee; rescinding Resolution No. R2005-041. D.R2009-016 - A resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. E.2009-138 - An ordinance of the City of Denton, Texas, approving the 2010 Budget of the Denton Central Appraisal District, and providing an effective date. F. 2009-139 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of various sizes of underground distribution cable for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4301–Annual Contract for Underground Electric Distribution Cables awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $1,500,000). G. 2009-140 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for design and engineering services relating to the Pecan Creek Tributary PEC-4 Drainage Improvements Phases 1 and 2 for the City of Denton Engineering Department; providing for the expenditure of funds therefor; and providing an effective date (File 4308–awarded to Freese and Nichols, Inc., in an amount not-to-exceed $301,545). The Public Utilities Board recommended approval (4-0). H. 2009-141 - An ordinance accepting competitive bids and awarding a public works contract for the construction of a concrete lined drainage channel on Cooper Creek; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516–awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $142,201.50). I. 2009-142 - 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 public, education and government (PEG) fund of two hundred thousand dollars ($200,000) to provide for costs associated with Denton Television (DTV) renovations and modifications in both the Council Chambers and the Work Session Room; declaring a municipal purpose; providing a severability clause, an open meetings clause, and an effective date. J. 2009-143 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for software for an Agenda Management System for the broadcasting of City of Denton City Council and Planning and Zoning Commission meetings, from Granicus, Inc. 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 City of Denton City Council Minutes June 16, 2009 Page 9 of competitive bidding; and providing an effective date (File 4331–Software for Agenda Management System in an amount not to exceed $89,712.97). K. 2009-144 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the installationof Agenda Management System software, replacement of cameras and refurbishing of audio and video equipment for the City of Denton City Council and Planning and Zoning Commission meetings from Rushworks Technology Solutions 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 4332–Installation of Software, Replacement of Cameras and Refurbishing of Existing Audio and Video Equipment in an amount not to exceed $82,217). L. 2009-145 - An ordinance of the City of Denton, Texas, authorizing and directing the City Manager to execute an amendment to extend the term of a right of entry and possession, dated March 3, 2009, and extended on May 5, 2009, in favor of the Denton County Transportation Authority (DCTA) authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing pre-construction activity; and providing an effective date. M. 2009-146 - An ordinance amending Chapter 26 of the Denton Code of Ordinances by adding provisions allowing for waiver of policies requiring connection to wastewater lines when including in annexation service plans; by adding a new Article XI, consisting of two divisions; Division One containing Sections 26-301 through 26-302 pertaining to extension of water and wastewater lines for existing uses; codifying and amending current water and wastewater line extension practices; Division Two containing Sections 26-303 and 26-304, authorizing the City to establish Pro Rata Fees for City extensions of water and wastewater lines; providing for severability; providing for supersedure of prior conflicting ordinances and code provisions; providing a penalty for violations; and declaring an effective date. N. 2009-147 - An ordinance of the City Council of the City of Denton, Texas, approving a grant application from Chi Dao from the Downtown Incentive Grant Program not to exceed $25,000; and providing for an effective date. The Economic Development Partnership Board recommended approval (6-0). O. Approved a request for an exception to the Noise Ordinance for the purpose of performing live music during The Church of Jesus Christ of Latter-Day Saints th Jubilee. The celebration will be held on Friday, July 24 from 6:30 p.m. to 8:00 p.m. on the church property located at 3000 Old North Road. The request is for a variance in decibels (dBs) from 70 for an outdoor concert to 75 dBs. P. Approved the minutes of: May 21, 2009 June 1, 2009 June 2, 2009 City of Denton City Council Minutes June 16, 2009 Page 10 Q. 2009-148 - Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to issue licenses for geophysical testing and survey purposes within municipal streets and municipal lands; and providing an effective date. 4. PUBLIC HEARINGS A.The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed 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 recommended approval (4-2) with an overlay district. Mark Cunningham, Director of Planning and Development, stated that the request was to rezone 15.3 acres from NR-3 to NRMU-12 with an overlay district to allow for multifamily dwelling units. The applicant was proposing to construct a new multi-family development consisting of approximately 121, 2-bedroom units. However, the existing zoning of NR-3 did not allow the proposed use. The Development Review Committee recommended denial; however, the Planning and Zoning Commission recommended approved by a 4-2 vote with conditions. Those conditions included (1) uses were limited to residential uses only; (2) the maximum building height would be 33 feet; (3) a 40-foot vegetative buffer would be required abutting the residential subdivision to the west using existing vegetation; (4) the maximum density would be 9 dwelling units per acre if stacked vertically or 8 dwelling units per acre if side by side; (5) the maximum impermeable area would be 50%; (6) the parkway width would be a minimum of 9 feet; and (7) the minimum side yard as measured between buildings would be 30 feet and 15 feet if lots were individually owned. Since the Planning and Zoning Commission meeting, the applicant had requested a more restrictive change to the maximum density condition to 8 dwelling units per acre and buildings would be constructed in a side-by-side arrangement. Notification within 500 feet had been sent to 56 property owners. As of the start of the meeting, 24 responses had been received in opposition which represented 17% of total land area. Council Member Watts asked about the notification process. Some of the area used to compute the land mass was a portion of a lot and some of the land was a green belt area owned by the City. Cunningham stated that there was a walking path owned by the City. Council Member Watts stated that how those land masses were considered might be critical to any percentage in opposition. Jerry Drake, Deputy City Attorney, stated that the area within 200 feet was the critical land mass. City of Denton City Council Minutes June 16, 2009 Page 11 Council Member Watts stated that the lots partially within the 200 feet of the rezoning area would be counted in the area inside 200 feet. He felt it was critical to know if the city-owned piece of property was included. Drake replied that publically owned property could be counted.There was no protest by the City that was counted in the figures. Cunningham stated that the city-owned property was counted as the law did not make a distinction between public and privately owned property. Council Member Mulroy stated that he understood there was no difference between private and publically owned property when calculating the land mass. However, it appeared that no notice was sent to the city and no response from the city. He questioned if this was a defective notice as the city was not noticed and the ramifications of not following procedures in-house. Council Member Mulroy stated that the zoning map indicated NR-6 zoning for fourplexes and duplexes and asked if fourplexes were in accordance with NR-6 zoning. Cunningham stated that the 2002 rezoning applied the NR-6 zoning. The fourplexes were there prior to the 2002 rezoning. NR-6 would not allow the fourplexes and the ones currently there were considered special exceptions. Mayor Burroughs stated that the NR-6 should have been NRMU-12 to be consistent with the current uses. Cunningham stated that the area to the north was city-owned. A notification was sent to the City but no response was received in opposition. Mayor Burroughs asked about the possibility for the city to exclude its own property from the computations. City Attorney Burgess replied that staff would research that possibility. Council Member Engelbrecht noted that if city property were taken out of the computation, there might be a change in who would be notified, etc. Council Member Gregory felt there were two options to consider after the public hearing. One was to postpone and the other option was to table the item to clarify the questions. He felt it was not appropriate for city-owned property to be part of the computation. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Rick Baria, applicant, spoke in favor. Council Member Watts questioned why NR-6 did not contain the zoning Baria needed. City of Denton City Council Minutes June 16, 2009 Page 12 Baria stated that the NR-3 zoning was given to the property during the 2002 rezoning. No homes would be built on that site. Mayor Burroughs asked why no homes would be built on that site. Baria stated that the area was not attractive. The fourplexes and duplexes were too run down to build single family homes there. The Public Hearing speakers continued: Stephen Stone, 6327 Freeman Road, Krum, 76249 – spoke in favor. Brad Andrus, 300 Cove, Shady Shores, 76208 - spoke in favor. Monica Chaffin, 515 Aspen Drive, Denton, 76209 – spoke in opposition. Allison Welch, 3164 Lido Way, Denton, 76207 – spoke in opposition. Comment cards in opposition were received from: Bryan Nichols, 516 Aspen Drive, Denton, 76209 Dana and John O’Brien, 508 Balboa Court, Denton, 76207 Pam Leake, 3222 Huisache, Denton, 76209 Mike Rory, 3407 Cooper Branch East, Denton, 76209 Elaine McKnight, 3131 Lido Way, Denton, 76207 Suzanne Perry-Coomes, 902 Kings Row, Denton, 76209 Anna Braudrick, 3160 Lido Way, Denton, 76207 Wes High, 3164 Lido Way, Denton, 76207 Jenny Williams, 621 Aspen Drive, Denton, 76209 Ashley and Kenny Mason, 528 Aspen Drive, Denton, 76209 Julie Larkey, Larkey Associates Additional speakers included: Ray Leake, 3222 Huisache, Denton, 76209 – opposed plus did not receive notification and lived within 200 feet of flood plain. Connie Stever, 508 Aspen Drive, Denton, 76209 – spoke in opposition Mr. Baria was allowed a five minute rebuttal. He stated that he had more than one meeting with the neighborhood. With his proposal, he would be saving a higher amount of trees than what would be allowed in NR-6. This was a good project for the City because it was a good location for this type of proposal. The Mayor closed the public hearing. Council Member Gregory asked for a clarification on the response percentages. City Attorney Burgess stated that the state statute indicated the percentage for a super majority vote was 20% of the area within 200 feet of the area proposed to be zoned. The land area would include streets and alleys but the statute did not directly address a drainage area. However, another provision was that the notice would be provided as indicated by the most recent municipal tax roll. Property that was owned by the City was not on the tax roll so a notice was not necessary because of that provision. City of Denton City Council Minutes June 16, 2009 Page 13 Council Member Gregory stated that the law did not address green belts or drainage areas but did streets and alleys. Burgess replied correct. There might be other areas that were addressed on other statutes but at this point in time, she could not give a definitive answer. Council Member Watts stated that he was having a problem with the math. There were 19 notices in opposition listed in the backup. At this meeting an additional 5 were received with another handwritten notice from a resident presented during the public hearing. That number could go up to 26 in opposition. Notices were also allowed up until the time of the vote. When he looked at the proposed site plan and overlay restrictions, he felt there were some inconsistencies in the recommendations/conditions. There was also the statement that some of the lots could be individually owned. Watts motioned, Engelbrecht seconded to table the item until such time as there was clarification on the notification and boundaries for the notification. Council Member Engelbrecht also wanted staff to verify whether Mr. Leake should have or did receive notification. Mayor Burroughs questioned if the protest letter delivered at the meeting would be counted if the proposal were tabled. Council Member Mulroy stated that another issue was that the overlay conditions by the Planning and Zoning Commission did not reflect the motion made by the Commission. The motion was retention of large trees, a 33 foot wide street and preservation of natural areas and that was not included in the overlay conditions. He requested clarification of that point. Council Member Gregory felt that there were too many questions at this point and that Council needed to get this right. Cunningham noted that the proposal was not tabled to a date certain but rather would show on future agendas as a tabled item. 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, amending Subchapters 6, 12 and 13 of the Denton Development Code (DDC) to clarify standards and regulations regarding Specific Use Permit (SUP) revocation, yard measurements, accessory buildings and structures general regulations, expansion applicability, preservation and mitigation requirements for infill lots, light and glare performance requirements, and site development requirements for residential buildings; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.(DCA08-0002, Development Code Amendments) The Planning and Zoning Commission recommended approval (6-0). Mark Cunningham, Director of Planning and Development, presented an update on the clarifications in the proposed ordinance. He stated that the proposed amendments would clarify standards and regulations regarding SUP revocation; architectural projections; accessory City of Denton City Council Minutes June 16, 2009 Page 14 buildings and structures general regulations; expansion applicability; preservation and mitigation requirements for in-fill lots; light and glare performance requirements; and site development requirements for residential buildings. SUP Revocation – the current SUP was tied to the issuance of a building permit; however, not all projects requiring a SUP required an approved building permit. Staff also determined that the time limit of 18 months was inconsistent with other time limits in the DDC such as preliminary plats and final plats which expire 24 months after approval. The revised language would have the SUP expire in 24 months to be consistent with all other time frames in the Code. Architectural Projections – the current language did not address certain types of common architectural projections within minimum setback requirements. The recommendation added language that architectural projects of window sills, bay or box windows, belt courses, cornices, and other projecting architectural features, except for roof overhangs and eaves, would not extend more than 12 inches into the required front, side or rear yard setback. Accessory Buildings and Structures General Regulations – As currently written, the requirements related to accessory building or structures was ambiguous and resulted in differences in interpretations. The recommendation was to change the language to the combined square footage of the principal structure and accessory structures would not exceed the zoning district maximum lot coverage specified in Subchapter 5. The accessory structures, with the exception of non-residential detached carports, gas station canopies, gas station car wash facilities and security/entry booths, would be prohibited in front or side yards. Accessory structures would be setback a minimum of three feet from all property lines associated with its permitted location. All accessory structures that required a building permit would be architecturally compatible with its associated principal structure and if not architecturally compatible would be screened from view from abutting properties and public rights-of-way. Expansion Applicability – this amendment would set a cumulative threshold to the expansion applicability table regarding non-residential expansions. Currently, there was nothing limiting an applicant from expanding an existing building or site development up to the threshold one year and then coming back in future years for additional expansions and not comply with landscaping requirements, etc. The recommendation was that all buildings would be subject to the provisions of the Expansion Applicability Table when the cumulative expansion exceeded the greater of 1,000 square feet or 25% of the building’s square footage at the time of original adoption of this Code, or when originally constructed if constructed after February 20, 2002. Preservation and Mitigation Requirements for In-Fill Lots – currently there was an inconsistency between the definition of in-fill lots and Table 35.13.7.A of the Development Code. The recommendation was to remove the lot size of 2.5 acres or greater as those would not be considered an in-fill lot. Light and Glare Performance Requirements - currently there were conflicting lighting requirements when a pedestrian use such as a sidewalk was located along a property line. In addition, the requirement that the light measurement not exceed ½ foot-candle illumination at the property line was difficult to achieve on non-residential developments comprised of multiple lots, such as commercial shopping centers where internal property lines adjoined each other. The recommendation would create an exemption for commercial development with multiple lots with pedestrian lots next to the property line. City of Denton City Council Minutes June 16, 2009 Page 15 Site Development Requirements – current language indicated that any garage may not extend beyond the house front. However, most side entry garages extended beyond the house front. The recommendation was that attached front entry garages of residential dwellings may not extend forward of the front building wall and the total width of the garage door(s) would not occupy more than 40% of the total building frontage. This requirement would not apply to attached side entry garages. Front entry garages that were setback at least 30 feet behind the front building wall would be exempted from the 40% maximum limitation. Council Member Engelbrecht asked about the minimum size of an accessory building before a permit was required. Cunningham stated that a building less than 120 square feet did not require a building permit. The Mayor opened public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2009-148 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 6, 12 AND 13 OF THE DENTON DEVELOPMENT CODE (DDC) TO CLARIFY STANDARDS AND REGULATIONS REGARDING SPECIFIC USE PERMIT (SUP) REVOCATION, YARD MEASUREMENTS, ACCESSORY BUILDINGS AND STRUCTURES GENERAL REGULATIONS, EXPANSION APPLICABILITY, PRESERVATION AND MITIGATION REQUIREMENTS FOR INFILL LOTS, LIGHT AND GLARE PERFORMANCE REQUIREMENTS, AND SITE DEVELOPMENT REQUIREMENTS FOR RESIDENTIAL BUILDINGS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (DCA08- 0002, DEVELOPMENT CODE AMENDMENTS) Kamp motioned, Mulroy 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. City of Denton City Council Minutes June 16, 2009 Page 16 B.The Council considered appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board. Linda Ratliff, Director of Economic Development, stated that this was the first process in appointing members to the Economic Development Partnership Board. Council Member Heggins nominated Hank Dickenson from the Chamber and Jim Engelbrecht and Pete Kamp from the Council to serve as the nominating committee. 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 approval of a resolution appointing a member to the Board of Directors of the Texas Municipal Power Agency, a joint powers agency, representing the City of Denton, Texas; and declaring an effective date. The following resolution was considered: NO. R2009-017 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY, A JOINT POWERS AGENCY, REPRESENTING THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to approve the resolution appointing Chris Watts to the Board of Directors with an effective date of September 30, 2009. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. D. Citizen Reports 1.Review of procedures for addressing the City Council. 2.The Council received citizen reports from the following: a.Bob Clifton regarding The Thousand and One Nights as told by Shahrazad as applicable to the Denton city government. Mr. Clifton was not present at the meeting. b.Nell Yeldell regarding high weeds and grass at 518 E. Prairie. Ms. Yeldell was not present at the meeting. c.Robert Donnelly regarding development. Robert Donnelly spoke on developments started in Denton and had problems associated with those developments such as Fry Street, Rayzor Ranch, and LA Fitness. He did not know what Council could do regarding those types of problems but suggested performance bonds to complete the projects. City of Denton City Council Minutes June 16, 2009 Page 17 E. 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 Heggins reported on the Juneteenth celebrations during the upcoming weekend. Mayor Burroughs asked for a work session to consider planned development zoning Council Member Engelbrecht asked that the reasons for doing away with planned developments be included in the discussion. Council Member Engelbrecht requested an interpretation of crime statistics in the City. Council Member Watts requested a closed session update on utility matters with the universities. F.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. G.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 8:43 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS