Loading...
August 3, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES August 3, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 3, 2010 at 3:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: Council Member King Mayor Burroughs indicated that Item 43 would be considered first. 3. Receive a report, hold a discussion and give staff direction regarding the Denton County Transportation Authority's A-train service levels. Guy McElroy, DCTA Representative, stated that they would be making a presentation on the status of DCTA as it related to Denton transportation. Dee Leggett would be providing the DCTA update presentation. Dee Leggett, Vice President-Planning and Communication for DCTA, stated that her presentation would touch on A-train service levels, capital needs and priorities, sustainable long- term financial plan and implementation of the long-term financial plan. Bus ridership continued to grow in Denton. DCTA had received several grants including an award for Denton corridor enhancements. Two FTA State of Good Repair grants had been submitted for bus operation and maintenance and fleet replacement. Three TIGER grant submissions were planned. A-train Service levels - Leggett presented the July proposal which had service Monday through Friday 5:30 a.m. - 9:30 p.m. and 3:30 p.m. - 8:30 p.m. Special event service would be as the budget allowed with cities helping to prioritize special event service. A test market would be done for night and weekend service. Mid-day commuter bus service would be available. Expanded evening and weekday service would be revisited in 2012 with arrival of the Stadler cars. Council Member King joined the meeting. A-train Operating Characteristics - the A-train used a single track with passing sidings. Freight service would run during late night hours for 4-6 hours with maintenance done on the tracks on Sunday. Service Level Costs - in addition to vehicle operating costs (car miles and train hours), the price included management, ROW and station maintenance, security, insurance, capital spares, fuel and utilities. Options for service with operation and maintenance costs and financial impact were presented. Saturday hours, if provided, would be 11:00 a.m. - 11:00 p.m. Options for service levels with costs included Option 41 with no changes to peak service with the addition of Saturday service; Option 42 with reduced peak service ending at 8:30 p.m. with Saturday service; Option 43 with reduced peak service, late Friday service until 10:30 and Saturday service; and Option 44 with reduced peak service, and Saturday regional bus service with no Saturday train service. Unfunded capital and operating priorities included positive train control; bus operation and maintenance facility; DCTA fleet; UNT fleet; Lewisville/Highland Village trail; and extension to Beltline. Operating priorities included additional peak A-train service, increased fixed route frequency, and additional A-train off-peak service. City of Denton City Council Minutes August 3, 2010 Page 2 Impacts to Financial Sustainability - Leggett reviewed impacts since May 2009 to June 2010 which affected financial sustainability plus information concerning the implementation of the financials. Next steps - The comment period on the proposed service would end August 23rd which would be followed with a discussion of service options/priorities with program development. Public comments would be delivered to the Board in September with discussion/decision in October. The testing of the schedule would begin in early 2011. Mayor Burroughs stated that of the $750,000 grant, a portion went into an enhancement mitigation fund for impacted citizens. He questioned if those citizens could help guide what was mitigated. Leggett replied yes that community input was part of the process. There were, however, only certain activities that could be used with the money. Mayor Burroughs suggested an Option 45 which would have full peak hours, late night Friday and Saturday hours. A way to finance Option 45 would be to have the service as a pilot to be funded the first year with a three week delay in the opening of the operations. A delay for three weeks would save the operational costs less fixed costs of about $525,000. This option would buy a year's pilot of late night and Saturday service to see if numbers justified the outcome. It would be a test to see if the service would generate the fare and economic development dollars. Leggett replied that there was a caution with that option to make sure the pilot would be sustainable over the long term. DCTA would not want that option to be successful and then not be able to fund it over the long term. Mayor Burroughs suggested letting the impacted individuals make that decision. Council Member Gregory asked if there was a possibility of going to US senators or representatives to look for discretionary funding to help cover the cost or other available grants. Leggett stated that they been approached about any discretionary funding and had submitted a grant application for positive train control funding. The problem was this was a $10 billion national issue with not only transit organizations but others also included. Positive train control was a safety measure that had to be installed by 2015 for all Class 1 freight and passenger rail systems. This was a communication system that would take over the train system in case of a potential collision. Council Member Gregory asked about the difference in the actual cost for the DART right-of- way from what was anticipated. Jim Witt, DCTA, stated the final cost was about $21 million with an initial estimate of $9 million. Council Member Gregory asked when the Denton hike/bike trail would connect to the Highland Village trail. City of Denton City Council Minutes August 3, 2010 Page 3 Leggett indicated that she was not sure as it was tied into the expansion of I-35. Council Member Watts asked if the operation and maintenance costs shown were just costs for Denton. Leggett stated that they were for the entire corridor. Council Member Watts questioned when DCTA was made aware of the positive train control requirement. Leggett replied it was the summer of 2009 but it wasn't until January 2010 that they got to see what it would look like. Watts stated that with Option 41 there would be no train service from 9:30 p.m. until 6:30 a.m. in the morning. Leggett replied correct. Council Member Gregory asked for an explanation of mid-day service. Leggett stated that it would mimic the A-train service at all five stations and make the same trip in reverse. Witt stated that $10 million was needed for bus replacements. Approximately 10% of the fleet was down on a daily basis. It was a critical issue to get bus replacement funds. 4. Receive a report, hold a discussion, and give staff direction concerning the proposed Downtown Implementation Plan. This item will also include discussion on the proposed Form Based Code, proposed Wayfinding System, proposed amendment to the Mobility Plan, and proposed future engineering studies. (SI10-0001, DTIP) Mark Cunningham, Director of Planning and Development, reviewed the area encompassing the DTIP. He indicated that public involvement included 9 Downtown Task Force meetings; 60 stakeholder interviews; 2 public meetings; online resources such as surveys, agendas, and drafts; Developer's Committee meetings; a Planning and Zoning Commission work session and public hearing. Elements of the Plan included a parking strategy; parks, recreation and open space; complete streets; architecture standards; implementation strategies; and supporting components such as a solid waste plan and Quakertown Park. Recommendations for funding mechanisms included a Tax Increment Finance District, a Public Improvement District and grants. Rick Leisner, consultant with Jacobs, reviewed the components of the plan which included current events in Denton and downtown; goals and public participation; elements and recommendations; and implementation. A significant amount of growth was expected for the North Texas area. He noted that DCTA would play a significant role and must be planned for in the future. Denton public transportation was important as was transit-oriented development. The type of development that sustained value was reviewed. The city needed to focus on development City of Denton City Council Minutes August 3, 2010 Page 4 standards to sustain suburban development. Project goals for the Downtown core included (1) the Downtown should be a vital part of Denton's economy, (2) Downtown should be a source of civic pride, (3) Downtown should have residents, offices, shops, and entertainment, (4) developments and infrastructure should reinforce the sense of Downtown as having a single neighborhood; (5) Downtown should contain a variety of things to do, (6) Downtown should be pedestrian friendly and an enjoyable place to walk, (7) Downtown should have linked parks and open spaces, and (8) new developments should increase the overall quality of Downtown. Public participation included stakeholder interviews, Downtown Task Force meetings, two public meetings, DTIP webpage, Planning Department outreach and DRC newspaper articles. Recommendations for the parking strategy were reviewed and included increased on-street parking, establishment of a shared parking program, enlarged public parking lots, creation of a wayfinding signage network for parking, establishment of a cash-in-lieu parking program and early action parking projects. Supporting items for parking would include a wayfinding signage program, special events parking, and an education program. The Park, Recreation and Open Space strategy was discussed with priority recommendations of increased on-street parking and the creation of music and fine art spaces. A Quakertown Park concept plan was developed and had been revised in response to the vision for Downtown. Zones to be developed in the park areas included urban open space, neighborhood components and regional areas. A suggestion had been received regarding closing the Civic Center pool and finding a suitable location for a new pool with the purpose of building an amphitheater in the area. Complete Streets Strategy components included safe efficient streets for vehicular movement; safe, pleasant and wide pedestrian walkways for citizens, shoppers and tourists; safe routes for bicycles on the street; and abundant parking along streets. Priority recommendations included adopting DTIP street standards for Downtown; modifying the city Mobility Plan to include Downtown street standards; implementing Hickory Street "Grand Street" project; implementing "Mews Street" program for parking, safety and waste removal; and implementing early action street and mobility items. Bicycle Mobility Strategy centered on a seamless connectivity concept. There should be a dedicated bike lane/complete street concept where Sycamore Street would become a "complete street" with bike lanes and sidewalks. Shared travel lane would create a marked shared lane environment through the core along Elm and Locust and city-owned park land should be considered for future trail links to the TWU campus. Architectural Design Guidelines would look at the top, middle and base components. Defining quality, place and architectural design elements would be involved. A LEED rating goal would be established for all new development in the Downtown area. Solid Waste Strategy was recommended for two phases. Phase One would screen 100% of the containers in the Square District. Containers would be grouped together with a new pickup schedule. A pilot program would evaluate locations and service. Phase Two would establish a broad downtown recycling program and create a downtown recycling center. Part of the Solid Waste Strategy was the sharing of dumpsters. City of Denton City Council Minutes August 3, 2010 Page 5 Form Based Code for Land Use would help establish future land use in the document. The Implementation Strategy would be a coordinated schedule to detail implementation projects and programs targeted to a specific area, defining comprehensive linkage with other elements. Council Member Heggins stated that if the proposal for changing the Civic Center pool was approved, a new pool should be located adjacent to public transportation. Dennis Wilson, Jacobs consultant, stated that any replacement needed to be defined by the patrons of the current pool. Mayor Burroughs asked about long term parking for DCTA in the Hickory corridor. Wilson stated that they hoped to have those issues solved by creating all the parking in the Downtown. There would be a need to establish needs and rules for parking. Mayor Pro Tem Kamp asked about shared costs for private users of solid waste services. Leisner stated that everyone on the Square would share dumpsters. They would work with the city departments to develop a new pickup schedule. Mayor Pro Tem Kamp stated that the issue of shared dumpsters had been brought up before with not good results. Leisner stated that this proposal offered the opportunity to share costs and businesses were excited about increase parking on the streets. Council Member King stated that with no parking garage suggested, how much parking would be on the streets. Leisner stated that there would be a significant increase in parking in the Downtown area. Mayor Burroughs suggested some sort of parking passes for free parking during a certain amount of time. Council Member Gregory questioned the solid waste strategy as indicated in the backup materials. Ron Menguita, Planning, stated that information was additional information to the draft Council had received earlier. The strategy for solid waste removal was based on property owners designing their site to accommodate a waste facility that was constricted to Code and 100% screened. A shared facility would be sited on private property or designed within City right-of- way and would be constricted to Code and 100% screened. Council Member Gregory asked about Quakertown Park. Menguita stated that the Planning and Zoning Commission had removed all language related to Quakertown Park because of a recommendation for removal of the pool. The Commission City of Denton City Council Minutes August 3, 2010 Page 6 wanted more information on the possible relocation of the pool before Quakertown Park was included in the document. Mayor Pro Tem Kamp questioned how to get LEED certification for a neighborhood. Leisner stated that a plan would be submitted to a LEED council for an award focusing on LEED and sustainability. The city would set constriction standards for new development in the Downtown area. Council Member Watts questioned if there was a goal for the number of residential units in Downtown. Leisner stated that there was no specific amount of residential units designated but there should be enough to accommodate a range of uses in the Downtown area. Wilson stated that the number of units should be sure to support the businesses and use of the parks but have flexibility for a variety of uses. It was thought to let the market take advantage of that type of development and do the appropriate number of developments. Council Member Watts questioned if the schedule adjustments suggested by DCTA would require an adjustment to the DTIP for a potential decrease in services of the plan. Leisner stated that it would not change the plan. Council Member Watts stated that there was a need to increase parking but if the area was to be pedestrian friendly, an urban area was not associated with increased parking. He questioned how that would work. Leisner stated that he had heard over and over with discussions with residents that it was not easy to find parking in the Downtown and that it was a challenge to find places to park. There was a need for a series of wayfinding signs to where larger parking lots were located. Those lots would need to be well lit and well connected to the Square and the transit station. Council Member Gregory suggested modifying the Quakertown section to include a statement about the swimming pool not being moved until all options had been explored. Council Member Watts suggested that delivery tricks blocking streets be addressed in the plan. Council Member Engelbrecht left the meeting. Cunningham stated that the next steps included finalizing a Form Based Code, preparing a Downtown Wayfinding System, amending the Mobility Plan and performing engineering studies to support the DTIP. Early action items would involve marking for angle parking on Hickory, between Locust and Bell and marking for angle parking on Industrial between Hickory and Mulberry. Public parking would also be looked at in terms of development, signage, lighting and landscaping. 1. Requests for clarification of agenda items listed on the agenda for August 3, 2010. City of Denton City Council Minutes August 3, 2010 Page 7 There were no requests for clarification of agenda items 2. Receive a report, hold a discussion and give staff direction regarding the creation of a Tax Increment Refinancing Zone District for Downtown. Linda Ratliff, Director of Economic Development, stated that the first step in creating a TIF was a notice to other taxing entities that the City would like to create a TIF. This notice did not bind Council to that but it must start the time frame. The original boundary of the Downtown TIP was determined to be too large and the proposed boundaries more follow the DTIP. Council Member Watts asked if the same process with analysis was done for this proposal as was done before. Ratliff replied correct. Council Member Watts asked if the City was talking to the County earlier in the process that what was done before. Ratliff stated that they had received a mixed message from them. Another city had applied for a TIF but was told at that time that the County would do no more TIFs. The County contribution would be approximately $11 million. Following the completion of the Work Session, the Council convened into a Closed Session to discuss the following: 1. Closed Meeting: Council considered the following in Closed Meeting: A. Consultation with Attorneys -Under Texas Government Code, Section 551.071. 1. Consultation, discussion, deliberation, and receipt of information from the City's attorneys regarding potential litigation with Denton County Electric Cooperative, Inc. d/b/a CoServ Electric and CoServ Gas, Ltd. relating to disputes concerning franchise issues, where 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. The Council convened in a Regular Meeting at 6:30 p.m. in the Council Chambers. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes August 3, 2010 Page 8 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards There were no proclamations/presentations for this meeting. 3. CONSENT AGENDA Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-184 A. Consider adoption of an ordinance of the City of Denton approving an easement to Dallas MTA, L.P. d/b/a Verizon Wireless across City of Denton property, being a tract of land situated in the Mary Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, and being a portion of the remainder of Lot 1, Block 2 of The Municipal Utility Addition, an addition to the City of Denton, Texas, as recorded in Cabinet G, Page 346, Plat Records of the Real Property Records of Denton County, Texas; and declaring an effective date. The Public Utility Board recommends approval (4-0). Ordinance No. 2010-185 B. Consider adoption of an ordinance abandoning and vacating a public utility easement from Fry Street Partners, Ltd. to the City of Denton recorded by Volume 451, Page 71 of the Deed Records of Denton County Texas, in the E. Pulchalski Survey, Abstract No. 996; and declaring an effective date. The Public Utilities Board recommends approval (5-0). Resolution No. R2010-027 C. Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing issuance of a Notice of Intent that the City of Denton intends to establish a Tax Increment Financing Reinvestment Zone, pursuant to the Tax Increment Financing Act, Texas Tax Code Ann., Chapter 311, for the City of Denton, Texas; providing an effective date. The Economic Development Partnership Board will consider this item at its August 3 meeting. Approved the Noise Exception Request listed below. D. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during three House Concerts hosted by Cassandra Fuhrmann. The House Concerts will be located at 616 Woodland Street, beginning at 5:00 p.m. and concluding at 8:00 p.m., on the following Sundays: August 22, September 26 and October 24, 2010. This request is for an increase in decibels from 65 to 69 and for amplified sound on Sundays. Staff recommends approving the noise exception request. City of Denton City Council Minutes August 3, 2010 Page 9 Ordinance No. 2010-186 E. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for concrete crushing services for the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (Bid 4519-Annual Contract for Concrete Crushing Services awarded to the lowest responsible bidder meeting specification, Big City Crushed Concrete, in the annual estimated amount of $210,000). The Public Utilities Board recommends approval (6-0). Ordinance No. 2010-187 F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a first amendment to a Professional and Personal Services Agreement with KEMA, Inc., a corporation for examining for the THE and NERC regulatory compliance of the Denton Municipal Electric System; authorizing the expenditure of funds therefor in the further amount not-to-exceed an additional $86,360; and providing an effective date (File 4412-aggregating not-to-exceed $255,940). Ordinance No. 2010-188 G. Consider adoption of 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 4538-Purchase of Cem-Line for Street Department in the unit price amount of $135/dry ton for an annual estimated amount of $300,000). Ordinance No. 2010-189 H. Consider adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that Section with respect to sound levels and hours of operations for an outdoor music festival; and providing an effective date. The North Texas State Fair Association is requesting a three-year exception (years 2010-2012) for the North Texas State Fair and Rodeo, which begins on the third Friday of August and ends on the fourth Sunday of August. The exception requested is for Monday through Thursday until 12:00 midnight, Friday and Saturday until 1:00 a.m., and until 11:00 p.m. on Sunday. Staff recommends approving the three-year noise exception request. Resolution No. R2010-028 L Consider approval of a resolution by the City Council of the City of Denton, Texas, recognizing the mission of the Clear Creek Natural Heritage Center to inspire environmental partnership and stewardship, as well as to provide an understanding of the natural heritage of North Central Texas; recognizing that the Center will be developed using sustainable building practices and will serve as a learning center for environmental citizenship and sustainability; endorsing the "Clear Creek Long-Range Plan" prepared by staff, implementing the said Long-Range Plan for the period beginning FY 2010-2011 and Ending FY 2014-2015 inclusive; expressing the City's intention to participate and contribute to said Long-Range Plan; finding that the Clear Creek Facilities and the "Clear Creek Long-Range Plan" benefit the public and safeguard the public welfare; providing for an effective date. City of Denton City Council Minutes August 3, 2010 Page 10 Resolution No. R2010-029 J. Consider approval of a resolution voting for a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. Resolution No. R2010-030 K. Consider approval of a resolution of the City of Denton, Texas in support for the High Speed Intercity Passenger Rail (HSIPR) Program project nomination through the Texas Department of Transportation, Rail Division authorizing the Texas Department of Transportation to submit an application to receive funding to perform preliminary engineering (PE) and National Environmental Protection Act (NEPA) activities for an Amtrak passenger station stop at Krim, Texas for the benefit of the citizens of Denton and Denton County and, if the grant is approved, to facilitate interlocal agreements with the City of Krim and Denton County and take other actions necessary to implement the grant, and provide an effective date. 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider appointments to the following boards and commissions: 1. Human Services Advisory Committee 2. Library Board 3. Public Art Committee 4. Zoning Board of Adjustment Mayor Burroughs nominated Justin Rouhier for the Public Art Committee. Mayor Pro Tem Kamp motioned, Council Member King seconded to approve the nomination. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. 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 AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an City of Denton City Council Minutes August 3, 2010 Page 11 imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Gregory asked for a work session regarding the order of agendas and length of meetings. Council Member Watts requested a staff report on the certificate of occupancy process that now required a floor plan as an added step, noting the goal for that being included and the length of the process. Council Member Watts asked for the status of an invoice for North x 35. Council Member Heggins requested Council training from the Fire Department on the NFPA 1710 policy. Council Member Engelbrecht requested new CPR training. C. 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. D. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action taken on Closed Meeting items. With no further business, the meeting was adjourned at 6:52 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS