June 8, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES
June 8, 2010
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 8, 2010 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Heggins, Council Member King, and Council
Member Watts.
ABSENT: None
1. Receive a report, hold a discussion, and give staff direction regarding amendments to the
Rayzor Ranch Overlay District (RROD) Section 35.7.15 of the Denton Development Code
(DDC) (Z10-0010, Rayzor Ranch South Town Center). Specifically, the applicant's
proposal includes:
a. Modifying certain previously approved development standards,
b. Proposing an increase to Multi-family density on the Southern Tract,
c. Replacing the previously approved Master Site Plan with a Conceptual/Schematic
Plan on the Southern Tract,
d. Amending and adding definitions to land uses
e. Amending and defining landscape guidelines,
f. Amending and defining architectural guidelines, and
g. Amending and defining signage guidelines.
Chuck Russell, Planning Supervisor, stated that the focus of his discussion would be to bring
Council up to speed on the latest application that had been submitted for amendments to the
south side overlay district. The south side site plan had been committed to by the previous
developer and the situation had changed since the site plan was adopted. The main concern of
the current developer was that there was no way to constrict the south side as previously
proposed. The developer was still committed to a similar outside style mall but the building
footprints would not be in the same place. The developer was asking for flexibility to move
areas around in the development. The detailed site plan would be replaced with a conceptual site
plan to move development around on the site. The developer was proposing three sub-districts:
the Town Center (RR-1), South RR-2 and South Mixed Use area. The intent was to develop
approximately 1,000,000 square feet of commercial uses on the Southern Tract which would
include the Town Center, standalone retail, restaurants and grocery store uses within the South
RR-2 area. The area designated as Town Center would deviate from the approved Master Site
Plan in that the actual layout with specifically identified buildings, parking lots and open spaces
would be replaced with a more conceptual plan. This would allow the developer flexibility in
design and the ability to accommodate future tenant needs while still delivering a viable high
quality outdoor shopping center. The current site plan allowed for approximately 185 single
family detached units, 496 single family attached units and up to 750 multi-family units on the
Southern Tract. The proposal was to have an additional 1,050 multi-family units within a
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"Density Zone" boundary. The Southern Tract would also include approximately 18.21 acres of
park land that would include a 15-acre central park that was planned to contain an outdoor
entertainment facility and one or two museums. A question had been raised on how the city
would know it was getting high quality landscaping and detail if there was no detailed plan.
Russell explained that the developer would not received any economic incentives until 600,000
square feet of commercial development had been completed which would mainly be the future
mall space. The developer had committed to the architectural guidelines for the Town Center, the
signage package and the landscaping. All development on the south side would have to have site
plan approval prior to the issuance of a building permit which provided the level of assurance
that all necessary details would done before building started.
Mayor Burroughs stated that he had no problem undoing the super detail plans. His issue was on
the balances struck with percentages and the amount of square feet dedicated to certain uses.
Russell stated that there would be general areas with combinations of uses. There was a
guarantee of a minimum threshold of commercial. The developer could not have any economic
incentives until there was a certain amount of retail. Prior to a building permit for multi-family
there would have to be 600,000 square feet of retail foundation laid and accepted by the city.
Mayor Burroughs questioned that the original number for retail development was 1 million
square feet.
Russell replied that the 600,000 was the minimum amount. It was anticipated that the three big
boxes on the south side would help take up the square footage.
Mayor Burroughs stated that would it be possible that the 600,000 square feet would be all that
was built while the current zoning mandated at least a million square feet.
Russell stated that there was nothing that required the developer to build the entire commercial
as shown on the current site except for the 380 incentive agreement.
Mayor Burroughs stated that under the current plan if the million square footage of commercial
wasn't done, nothing else could be built on that site. The current site plan was too detailed with
the property unable to be used for anything else. With the new proposal, the developer could
build something different as long as it was allowed under the proposed zoning category.
Russell stated that RR-2 would allow for a variety of commercial uses which was the point of the
change. Other than the mall development, there wasn't a guarantee that all of the property in the
concept area would be commercial uses.
Council Member Gregory asked if the 600,000 square foot total before incentives was for the
total amount of commercial for north and south.
Russell stated that it was just for the south as there were separate agreements for the north and
south sides.
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Council Member Gregory felt that it would be helpful to look at what was currently approved for
the south side but also helpful to have numbers in square feet or acres of what the concept plans
would be. He suggested a comparison chart of the current and proposed plans.
Mayor Burroughs stated that the concept plan would have ranges instead of exact amounts.
Council Member Gregory stated that he wanted to see how residential was fitting on the land and
whether it was the same amount of land or a smaller amount of land.
Council Member Watts stated that with the specific site plan, it was known that a particular
building would be in a particular location. He was concerned that with the concept plan there
wasn't a guarantee of what would go where in the development. He questioned at what stage a
specific site plan would be presented for approval.
Russell stated that staff would provide a detailed menu of the list of permitted uses for each of
the three pieces.
Council Member King stated that the flexibility might be insurance that there would be more
constriction. It would provide more ability to build versus the developer couldn't build because
it wasn't what was proposed.
Russell stated that Council was not approving a blank check. They would be approving a bubble
and approving what would happen in the bubble with layers of protection.
Council Member Heggins questioned the number of single family attached and detached homes
and whether the numbers would change or remain the same.
Russell stated that the numbers presented were the maximum and could go down.
Mayor Burroughs stated that part of the reason for the incentive and flexibility was the desire to
help to create a mixed use development for a positive impact on the city. He asked if there was
any way to lock in the ability if a large hospital developed in the area to not go a tax exempt
status.
Mark Cunningham, Director of Planning and Development, stated that the City could not
regulate ownership and could not say that a property had to stay taxable.
Mayor Burroughs asked if a condition could be used that for a certain amount of time property
would have to remain taxable.
Linda Ratliff, Director of Economic Development, stated that it was already in the 380
agreement that the developer would not sell property to a tax exempt entity except for the two
museum sites and the DME substation.
Russell continued with the density provisions. He stated that currently 750 apartments could be
built with the approved plan. With the proposed plan, the total density would increase to 1800
multi-family units. The focus would be that all but 750 of the units would be in one location
which was labeled as the "multi-family density zone". Staff had developed a list of items that
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had to be done for increased density which included the concept plan, the site plan, Traffic
Impact Analysis/platting, permit milestones, design standards, sustainability, jobs to units and
other projects. In terms of permit milestone, there would be no multi-family units started until
there was the required amount of retail started in foundation form. The developer still had to
commit to design standards. In terms of sustainability, there were concerns that with the
additional multi-family, how much retail would be needed to have the project survive; the critical
mass of people living nearby to keep the retail going.
Council Member Gregory stated that he would like to see projections for the range of persons per
unit or the total number of persons living in the new development.
Russell stated that the developer had committed to no more than three bedrooms per unit.
Council Member Gregory asked if the overall mix of residential could be higher for multi-family
if the single family attached or single family detached did not happen. He felt that he would like
certain parcels designated as single family only.
Russell stated that the concept plan opened up the area and allowed for combinations of areas.
Council Member Watts stated that he had no problem with the number of multi-family units
proposed but rather with the quality. There was a difference between student housing and
housing for young professionals. He understood that the multi-family would be for young
professionals or retired individuals and that the quality of the units would be a different standard
than for student housing. He questioned how to lock in the design standards for higher end
multi-family. He had no problem with the density if it were done right.
Russell stated that spoke to the hurdles the developer had to go over to get a building permit.
There was a basic set of architectural standards in place now and the developer had agreed to add
to them as he developed.
Mayor Burroughs indicated that this had been done before with planned developments since the
overlay conditions provided a series of elevations and so long as the project was substantially
like the elevations presented, they would be permitted. Those could also be modified in the
future with a variance if needed.
Russell stated that the developer had already agreed to at least two elevations and had provided a
sample of what they were proposing for illustrative purposes only.
Council Member Watts stated that the multi-family still had general standards for such things as
constriction materials that would show quality and still give flexibility.
Russell stated that the City and the developer were still not in complete agreement regarding
landscape requirements. One issue was the amount of landscape and tree canopy coverage to be
provided on the south side. The developer had agreed to plant trees in the parking lot to break up
the parking lot surface parking and had agreed to the code standards. However, the developer
had a set amount of money for this project and there were all kinds of amenities. As a trade off,
the developer was suggesting to not worry about how many trees were in the parking lot, if they
committed to a level of land for landscaping in the parking lots. They were questioning whether
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it was important to Council to have bigger trees in the parking lots or have more trees on the
main streets in view of the public.
Mayor Burroughs stated that it would depend on how it was laid out. He would not want to see a
large blacktop mass as opposed to a triple amount of landscaping in the parking lot.
Mayor Pro Tem Kamp stated that she would like to consider both. She asked if there would be a
parking garage.
Russell stated that there would not be a parking garage. The surface parking would ring the mall
in order to have visibility of the buildings. The parking was in about fourteen different areas with
landscaping all around them. Islands would be breaking up the parking spaces. It was suggested
to have bigger tress and less number to provide for a better canopy.
Council Member Watts felt that there needed to be a balance and suggested wider areas with
berms and not just a tree in one little area.
Mayor Pro Tem Kamp suggested planting native Texas plants.
Council Member Gregory indicated that he would like a parking lot similar to the Austin one
shown Council rather than ones here in Denton which were large blacktopped areas with no
landscaping.
Russell stated that staff and the developer were still working through the components for signage
and architectural packages.
The Council went into Closed Session at 5:35 p.m.
1. Closed Meeting:
A. Deliberations regarding Consultation with the City Attorney - Under Texas
Government Code Section 551.071, Deliberations regarding Economic
Development Negotiations - Under Texas Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional conduct of the State Bar of Texas clearly
conflicts with the provisions of the Texas Open Meetings Act, Chapter 551
of the Texas Government Code. Also hold a discussion regarding granting
economic development incentives to Allegiance Hillview, LP with respect to
development at Rayzor Ranch. This discussion shall include commercial or
financial information the City Council has received from Allegiance
Development which the City Council seeks to have locate, stay, or expand in
or near the territory of the city, and with which the city council is conducting
economic development negotiations; including the offer of financial or other
incentives.
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B. Consultation with Attorney - Under Texas Government Code, Section 551.071;
Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code, Section 551.086.
1. Discuss, deliberate and receive information from staff regarding public
power competitive and financial issues involved with the proposed "Further
Agreement"; the proposed "Agreement Related to Adoption of Amendment
to Power Sales Contract Between Texas Municipal Power Agency, City of
Bryan, Texas, City of Denton, Texas, City of Garland, Texas, and City of
Greenville, Texas"; and the proposed "Amended Power Sales Contract
Between Texas Municipal Power Agency and City of Bryan, Texas, City of
Denton, Texas, City of Garland, Texas and City of Greenville, Texas."
Consultation with the city's attorneys regarding legal issues associated with
the three above-stated proposed agreements respecting Texas Municipal
Power Agency matters, where such discussion and deliberation in an open
meeting would have a detrimental effect on the position of the City Council
and would clearly conflict with the duty of the City's attorneys to the City of
Denton, Texas and to the Denton City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas.
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to go into Closed Session
under the Public Power Utilities exception. On roll call vote, Council Member King "aye",
Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", Mayor Burroughs "aye", Council Member Watts "aye", and Mayor Pro Tem Kamp "aye".
Motion carried unanimously.
C. Deliberations regarding Personnel Matters - Under Texas Government Code Section
551.074.
1. Deliberate and discuss the appointment and duties of public officers to
boards or commissions exercising discretionary or rile making power as
opposed to purely advisory powers, which includes without limitation the
Health and Building Standards Commission, the Historic Landmark
Commission, the Planning and Zoning Commission, and the Zoning Board
of Adjustment.
Following the completion of the Closed Session, the Council met in Open Session at 6:38 p.m. to
consider the following:
Ordinance No. 2010-135
1. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing
the "Further Agreement" regarding Texas Municipal Power Agency, a Texas Joint Powers
Agency ("TMPA"), and its four Member Cities, the Cities of Bryan, Denton, Garland and
Greenville, Texas; authorizing the City Manager to act on the City's behalf in executing the
"Further Agreement" together with any and all necessary supporting documents; and to take
such other and further actions as are necessary in order to effectuate and finalize the
"Further Agreement"; authorizing the delivery of said "Further Agreement" to TMPA and
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June 8, 2010
Page 7
its three other Member Cities; authorizing the expenditure of any funds therefor; and
declaring an effective date.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance.
On roll call vote, Council Member King "aye", Council Member Heggins "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", Council
Member Watts "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously.
Ordinance No. 2010-136
2. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing
the "Agreement Related to Adoption of Amendment to Power Sales Contract between
Texas Municipal Power Agency ("TMPA"), City of Bryan, Texas, City of Denton, Texas,
City of Garland, Texas, and City of Greenville, Texas ("Member Cities"); authorizing the
City Manager to act on the City's behalf in executing the "Agreement Related to Adoption
of Amendment to Power Sales Contract between Texas Municipal Power Agency, City of
Bryan, Texas, City of Denton, Texas, City of Garland, Texas, City of Greenville, Texas"
together with any and all necessary supporting documents; to take such other and further
actions as are necessary in order to effectuate and finalize the aforesaid Agreement;
conditioning the approval of this ordinance upon the acceptance and approval by each of the
governing bodies of Texas Municipal Power Agency, and the Cities of Bryan, Garland and
Greenville, Texas; and to take such other and further actions as are necessary in order to
effectuate and finalize the aforesaid Agreement; authorizing the delivery of the aforesaid
Agreement to TMPA and its Member Cities; authorizing the expenditure of any funds
therefore; and declaring an effective date.
Mayor Pro Tem Kamp motioned, Council Member Heggins seconded to adopt the ordinance.
On roll call vote, Council Member King "aye", Council Member Heggins "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", Council
Member Watts "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously.
Ordinance No. 2010-137
3. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing
the "Amendment to Power Sales Contract between Texas Municipal Power Agency and
City of Bryan, Texas, City of Denton, Texas, City of Garland, Texas, City of Greenville,
Texas"; authorizing the City Manager to act on the City's behalf in executing the
"Amendment to Power Sales Contract between Texas Municipal Power Agency, and City of
Bryan, Texas, City of Denton, Texas, City of Garland, Texas, City of Greenville, Texas"
together with any and all necessary supporting documents; and to take such other and
further actions as are necessary to effectuate and finalize the aforesaid Amendment to
Power Sales Contract; conditioning the approval of this ordinance upon the acceptance and
approval by the governing bodies of Texas Municipal Power Agency, and the Cities of
Bryan, Garland and Greenville, Texas; authorizing the delivery of the aforesaid Amendment
to Power Sales Contract to TMPA and its three other Member Cities; authorizing the
expenditure of any funds therefor; and declaring an effective date.
Council Member Watts motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Heggins "aye", Council Member
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June 8, 2010
Page 8
Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", Council Member
Watts "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously.
The Council returned to the Work Session Items.
2. Receive a report, hold a discussion, and give staff direction regarding
nominations/appointments to the City Council committees and the City's boards and
commissions.
Jennifer Walters, City Secretary, stated that there were two points of discussion for Council.
One was the Council Committees and the other was Boards and Commissions. In terms of
Council Committees, committee assignments were reviewed annually by the Council to allow
the opportunity to make adjustments if necessary. She noted that a listing of the current
assignments were included in the backup materials.
Council discussed the committee assignments and made changes to various committees. The list
of assignments would be ratified at the Council meeting of June 15tH
Walters continued with boards and commissions. She noted that at the annual Council Planning
Session, Council had expressed a desire to hold a work session to discuss nominations before the
actual process began. To aid in the discussion, a preliminary list of those individuals whose
terms were expiring on each board per Council Member nomination was provided. A listing of
specialty boards that required specific categories of members was also provided. More specific
information would be provided Council at the June 15th meeting with the board and commission
notebooks being handed out.
Mayor Burroughs noted that some boards received lots of persons to serve and some did not. He
felt it was important to keep in mind the purpose of the committee as well as the outcome and
goals of the Council. He suggested Council talk with the people they were considering for re-
nomination and that it helped Council on how the committees were functioning.
Council Member Watts asked about the Airport Advisory Board and what it did for the Airport.
Mayor Pro Tem Kamp stated that there would be a discussion on that when the Airport Master
Plan was discussed.
Howard Martin, Assistant City Manager, stated that a draft of the business plan was finished and
staff was close to finalizing the Master Plan.
Mayor Burroughs questioned if the Master Plan needed be to completed and discussed before
Council made nomination decisions for the Airport Advisory Board.
Council Member Gregory stated that the composition of the members could potentially change
the dynamics of a board or commission. Members could enhance or could make a board less
functional. He asked what the process was if a board was not functioning well and there was
tension between the board and the staff liaison.
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City Manager Campbell stated that Council could talk with the staff regarding the issues as well
as the board members. If Council had questions on the functionality of a board or commission,
they could hold off on those appointments. Staff could provide information from their
perspective and Council could make those appointments later.
Council Member Gregory asked if there were other committees where the responsibilities needed
to be reviewed.
City Manager Campbell stated that Council had mentioned the Airport Advisory Board and the
Traffic Safety Commission. Those two boards could be reviewed before nominations were done.
He mentioned that at the Council Planning Session, Council had mentioned looking at charges
for boards, the direction boards were heading, and whether membership on the boards reflected
the philosophy of this Council.
With no further business, the meeting was adjourned at 7:03 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS