March 9, 2010 MinutesMINUTES
CITY OF DENTON CITY COUNCIL
March 9, 2010
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Closed Session on Tuesday, March 9, 2010 at 4:00 p.m. in the City Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Burroughs, Mayor Pro Tern Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Heggins, Council Member Mulroy and
Council Member Watts.
ABSENT: None
1. Closed Meeting:
A. Deliberations Regarding Real Property - Under Texas Government Code, Section
551.072; Consultation with Attorney - Under Texas Government Code, Section
551.071.
1. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to conflicting legal claims regarding a certain
3.814 acre tract of land situated at the northeast corner of Loop 288 and
Spencer Road, in the City of Denton, Denton County, Texas and lying in
the Mary L. Austin Survey, Abstract No. 4 and in the M.E.P. and P.R.R.
Survey, Abstract No. 927, in the City of Denton, Denton County, Texas.
Consultation with the city's attorneys regarding legal issues associated
with a compromise of conflicting claims regarding said land, where such
discussion and deliberation in an open meeting would have a detrimental
effect on the position of the City Council in negotiations regarding a
settlement of such claim and 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.
Following the completion of the Closed Session the Council convened in a Work Session to
consider the following:
1. Receive a report, hold a discussion and give staff direction regarding the proposed
development for the Fry Street area.
Mark Cunningham, Director of Planning and Development, reviewed background information on
Dinerstein Companies, developer of the proposed Fry Street project. He showed the site location
and the Fry Street Overlay District. The project chronology was reviewed.
Josh Vasbinder, representing Dinerstein Companies, presented the details of the project, showing
how the project was first proposed and the revisions that had happened due to neighborhood
input.
Council discussed various options for retail in the development in relation to the residential units.
City of Denton City Council Minutes
March 9, 2010
Page 2
Vasbinder continued with the look of the architectural structures which would be compatible
with the historic flavor of the neighborhood. Various elevations of the project from different
vantage points on surrounding streets were shown. He indicated that they would be requesting to
amend the current overlay to extend the height to 55 feet.
Council Member Gregory asked if a special sign district would also be needed.
Cunningham indicated that the proposed ordinance for the development contained a section
dealing with signs.
Council Member Gregory asked about sidewalk width around the development.
Vasbinder corrected his prior statement about needing one amendment. The proposal would
actually need two amendments. One amendment was needed to add a fourth story and the
second would be for additional density as part of the fourth floor. In terms of sidewalks, in front
of the retail the sidewalks would be 18 feet wide and transition down to 12 feet. The back side
of the development on Oak would have 8 foot sidewalks. They would be willing to change the
width of the sidewalks if desired but right-of-way issues would have to be considered.
Council Member Gregory asked for the total residential units and a breakdown of the number of
bedrooms.
Vasbinder stated that there would be a total of 194 units with 618 bedrooms. There would be 20
one bed units, 40 two bedroom units, 18 three bedroom units and 116 four bedroom units. All
parking was anticipated to be in the on-site garage. They would be required to do a traffic study
which would analyze further the parking and traffic issues.
Council Member Gregory asked if all of the retail customers and residents would use the same
trash area.
Vasbinder replied yes that all would use the same compactor which would be landscaped
buffered.
Council Member Mulroy asked about the time frame for completion of the planned development
ordinance.
Cunningham stated that staff was looking to have a draft to council by early this summer. The
gas well ordinance would be revised first followed by work on the planned development
ordinance.
Council Member Mulroy felt that a planned development would be an ideal way to handle this
project. He had a concern that if the overlay district were modified, it might create boundaries
that could bump up against other overlay conditions. Staff needed to try and determine if the
time frame would work for this to be the first planned development with the new ordinance or if
language needed to be added to loosen the details for overlay so that the developer would not
have to come back through the process for those small details.
City of Denton City Council Minutes
March 9, 2010
Page 3
Mayor Burroughs felt that this overlay could get very detailed in order to have sufficient clarity.
He questioned if an amendment to the existing overlay would allow another project to do to the
same thing or would the amendment just carve out this property for this project.
Cunningham stated that staff had discussed that internally and was trying to come up with a
creative way to not create an overlay within an overlay. Develop the project without applying
the overlay conditions to the entire Fry Street district.
Mayor Burroughs suggested carving out the boundaries of this project so any amendments to the
overlay district would just apply to this location.
Cunningham stated that there was the possibility of amending the boundaries of the overlay
district to allow for the development of the project.
Mayor Burroughs asked if the developer had thought about incorporating public transit into the
development.
Vasbinder stated that they had met with DCTA but the one-way street system was going the
wrong way. They had also talked about internally making a stand lone shelter in the private
drive. Another idea was to make improvements to off-site locations near the project.
Council Member Watts stated that traffic patterns needed to be considered to maximize the
potential in the area and that something different might have to be done in the area for traffic
purposes. He asked how many baths the three and four bedroom units would have.
Vasbinder stated that each bedroom would have a bath.
Council Member Watts asked about the leasing of bedrooms.
Vasbinder stated that the leases would be by the unit and not by the bed.
Cunningham stated that staff would consult with Legal for the most appropriate mechanism for
either an amended overlay or planned development for the project.
2. Receive a report and hold a discussion regarding the status of various drainage projects
associated with the sale and delivery of $7,065,000 in certificates of obligation as
approved by City Council on October 2, 2007 and supported in the FY2007-FY2008
budget by a one cent tax increase per $100 of property valuation.
Frank Payne, City Engineer, presented background information on the one cent tax increase for
drainage funding. He detailed the six projects associated with the tax increase and the associated
funded amounts.
(1) The Mingo Road and Paisley box and channel project was broken into three phases. Phase 1
dealt with replacement of the culvert west of the intersection of Nottingham and Mingo,
Phase 2 dealt with the culvert replacement east of the intersection of Schmitz and Mingo and
Phase 3 dealt with the culvert replacement on Paisley west of Bradshaw and channel work
south of the new culverts at Paisley to Lehrman.
City of Denton City Council Minutes
March 9, 2010
Page 4
(2) The Ector Street storm drainage project was designed by in-house personnel and consisted of
storm drain installation on Ector Street. Construction would begin following the execution of
contract documents which were approved by Council on February 2, 2010.
(3) The Kings Row at Cooper Branch project was located immediately upstream of the area
studied in the Cooper Creek Basin. It was designed and constructed by in-house personnel
and was completed in September 2009. There were remaining funds left from this project
which would be available for transfer to another project where needed to assist in project
completion.
(4) The Magnolia Street drainage project was broken into two phases. Phase I included the
construction of a detention pond north of Windsor and the McKenna Park Congregation of
Jehovah's Witnesses and channel modifications from the pond south to Windsor Street.
Phase 2 would consist of improving the drainage system from the Phase 1 channel north of
Windsor Street to Northridge Road and south of Good Samaritan Village. This phase was
currently underfunded.
(5) Cooper Creek detention and channel improvements. The scopes of these projects involved
an analysis of possible overall flood mitigation activities for the Cooper Creek basin and
construction of detention ponds and channel improvements to reduce flooding potential along
Cooper Creek. Based on the engineering report, staff was moving forward with the
construction of a regional detention pond located on the Strickland Junior High School
campus to reduce flooding at Sherman and the school and culvert and channel improvements
to Mingo Road to reduce flooding at Mingo and Craig's Lane.
(6) Pecan Creek improvements include channel modeling and improvements from the existing
improved channel at Bell and Wainwright to the intersection of the existing channel at West
Mulberry to the west of Carroll Blvd. Phase 1 included the construction of a new culvert to
replace the existing channel along a new alignment from the existing channel at Bell and
Wainwright. Phase 2 included the construction of new culverts to replace the existing
channel from the upstream end of Phase 1 and west to a point on the north side of East
Prairie Street.
Payne presented information on existing and emergency projects. The Utility and CIP
Engineering and Drainage departments continued to process existing bond projects and attempt
to address citizen complaints and immediate needs associated with localized flooding incidents
after the intense rains and associated flooding associated with the storm event that occurred in
April 2007. The following projects illustrated some of those completed and ongoing projects:
(1) Morse Street channel improvements
(2) Old North Road storm drain improvements
(3) Duncan Street drainage improvements
(4) Eagle Drive drainage improvements
(5) Post Oak Blvd.
(6) Pockrus Page road, sidewalk, and drainage improvements
(7) Gayla and Mayhill Street paving and drainage improvements
(8) Ranch Estates
City of Denton City Council Minutes
March 9, 2010
Page 5
(9) Thunderbird Drive and Cactus Drive
(10) Police training ground on Airport Road
(11) Appaloosa Court ditch
(12) State School Road at Unicorn Lake ditch improvements
(13) City of Denton Service Center
Council Member Gregory noted that some of the drainage projects were done with the former
WPA and asked if there was any possibility of salvaging some of that rock when the channels
were redone.
Payne stated that it might be difficult as the rock often fractured and came out in chunks. Some
of the walls would need to stay in place while making the new bank. They could attempt to
salvage some of the rock but it might be difficult to pull out whole pieces.
Council Member Mulroy thanked Mr. Payne for his presentation and the level of detail contained
within the drainage report. He commented on the length of time necessary to complete the
drainage projects, clarified the project design problems encountered, and questioned the
remaining project schedule. Council Member Mulroy discussed the importance of maintaining
their focus on a systematic drainage improvement program through the City's CIP Bond
Committee process and that historically, drainage projects had received as much as 25% of the
available debt service. He emphasized the importance of utilizing General Obligations as a
funding source for these drainage improvements, recognizing that the Drainage Fee was
implemented for the primary purpose of funding drainage system operation and maintenance
activities. He encouraged Council to include drainage projects in subsequent Capital
Improvement Plan efforts as part of Council's sustained commitment to improving critical
drainage infrastructure.
3. Receive a report, hold a discussion and give staff direction regarding a Best Practices for
Pipeline and Municipality Relations Resolution.
John Cabrales, Public Information Officer, stated that a group of public officials and members of
the Texas Pipeline Association had been working in a collaborative manner to improve
communications between the pipeline industry and local municipal governments located in the
Barnett Shale production area. This group met on a number of occasions to discuss the issues
that surrounded pipeline routing through municipal jurisdictions. The result of this collaborate
effort was the "Best Practices for Pipeline and Municipality Relations" document which was
designed to enhance the routing process, through communication and mutual respect. Several of
the mayors, including Mayor Burroughs, sent out a letter asking towns and cities to support the
passage of a resolution and commitment to adhere to the best practices when dealing with
pipeline companies.
Mayor Burroughs noted that in the last legislative session, cities and the pipeline industry each
had proposed legislation for guidelines which ended up competing with each other for
regulations. Prior pipeline practices did not take notice of city planning guidelines and the
pipeline industry tried to get cities eliminated from the decision making process. In this case, the
industry and municipalities were trying to work together for placement of future pipelines.
These were guidelines only and would help promote communication between the industry and
cities.
City of Denton City Council Minutes
March 9, 2010
Page 6
Council Member Mulroy stated that he did not have any disagreement with the concept and
overview of such a proposal. He did, however, feel that there were details that needed more
work. He felt, based on language in the staff report, that staff was not comfortable with the final
recommendation. Staff should be able to give recommendations from their standpoint.
Mayor Burroughs stated that he had talked with staff and had indicated that he would ask to have
the action item not considered if they were not able to work through all of the issues.
City Manager Campbell stated that there were still a number of issues to work out particularly in
the area of utilities and the permitting requirements. This proposal was strictly voluntary to
encourage cooperation and was not mandatory. If the proposal was encouraging gas lines in
utility easements, that might be considered cooperative but what would happen when a company
asked for a line in a utility easement and the city was not in favor. The company could reference
the resolution to counter the city's denial.
Mayor Burroughs agreed that there were issues to still work through. He suggested Council not
consider the action item on the agenda and take comments for staff to consider. The resolution
could be modified any manner. Staff could put in qualifying language to help with concerns.
Council Member Mulroy stated that he had issues with the following: (1) 1B did not address the
mapping and that needed to be added, (2) 1C had too short a time frame and staff needed to give
feedback on the time frames, (3) 2B was slanted too much towards the pipeline company and
needed to be reworded for the safety and welfare of the community, (4) #1 in the construction
phase had no pre-commitment unless qualifiers were put on it, (5) #3 in the construction phase
was questionable as to whether or not trees would be saved in the future and a pipeline company
would not have to pay attention to tree ordinance and (6) #4 in the construction phase again
needed ETJ mapping.
City Manager Campbell asked if the intent was to have same best practices for each city.
Mayor Burroughs stated that it was not really possible that everyone would agree on one
document. He suggested a shell standardized for consideration and come back with unique
conditions for each municipality. The industry would then take those and make one document
for their use.
Council Member Gregory asked about the safeguards for the city relative to compression stations
and their placement.
City Manager Campbell felt that right now the attitude from the gas companies was that they
could do whatever they wanted.
Council Member Gregory suggested that those issues be addressed either in the best practices
document or in another document.
City Manager Campbell felt that the best practices guidelines was probably not the place to
address specific issues. Those should be done in another document such as the gas well
ordinance. The best practices was a declaration that all would play fair.
City of Denton City Council Minutes
March 9, 2010
Page 7
Council Member Watts asked how long ago the meetings started and who else was involved in
the meetings.
Mayor Burroughs stated that the meeting started about 6 months ago and just elected officials
attended the meetings unless one could not attend, then staff was present.
Council Member Watts expressed concern about the timing of the proposal. He felt it could have
been brought forward sooner and be in concert with the revisions of the gas well ordinance.
City Manager Campbell stated that staff could redraft the provisions and have Council provide
feedback before the April 6th meeting.
Mayor Burroughs stated that Denton's perspective on the proposal could be put in the resolution;
items that were important to the City of Denton
Following the completion of the Work Session the Council will convene in a Special Called
Meeting to consider the following:
Ordinance No. 2010-079
A. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the Compromise, Settlement and Release of All Claims by and between the
City of Denton, Texas and DBT Porcupine, L1, a Delaware Business Trust; authorizing
the City Manager and City Attorney to act on the City's behalf in executing any and all
conveyances and other supporting documents pertaining thereto; and to take such other
actions as are necessary to effectuate and finalize the settlement; authorizing the City
Manager to receive an easement on behalf of the City of Denton, Texas; authorizing the
expenditure of any funds for incidental expenses; and declaring an effective date.
Council Member Mulroy motioned, Council Member Heggins seconded to adopt the ordinance.
On roll call vote, Council Member Heggins, "aye", Council Member Watts "aye", Council
Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye",
Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
B. Consider approval of a resolution by the City Council of the City of Denton, Texas
regarding the Best Practices for Pipeline and Municipality Relations Resolution; and
providing an effective date.
This item was not considered.
With no further business, the meeting was adjourned at 6:55 p.m.
MARK A. BURROUGHS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS