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October 19, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES October 19, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 19, 2010 at 3:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member King, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: None. Item 4 was considered first during the Work Session. 4. Receive a report, hold a discussion and give staff direction regarding the creation of a Tax Increment Financing (TIF) District for Downtown. Linda Ratliff, Director of Economic Development, presented the history of the Downtown TIF from 2002-2010. She indicated that a TIF was a defined area that met three criteria for a TIF: (1) the area was predominately open, (2) the area was in or adjacent to a federally assisted new community, or (3) the present condition of the area impaired the city's growth. The qualifying criteria for the Downtown area was the area substantially impaired or arrested the sound growth or constituted an economic or social liability in its present condition and use because of the presence of (1) a substantial number of deteriorated or deteriorating strictures, (2) deterioration of the site or other improvements, (3) defective or inadequate sidewalks or street layout and (4) conditions that endangered life or property by fire or other causes, such as flooding. Ratliff stated that a TIF identified the base year's valuations, and the city continued to allocate those property tax dollars to the General Fund. TIFs could fund any of these types of projects (1) public improvements, (2) new buildings, strictures and fixtures, (3) existing strictures, (4) utilities, water and sewer facilities, flood and drainage facilities, (5) streets and street lights, (6) pedestrian malls, walkways or parking facilities, and (7) parks and educational facilities. With the City Council's approval, a TIF Board could enter into Chapter 380 Economic Development agreement using TIF revenue funds. The city could also allocate TIF funds to pay the incremental costs of providing municipal services incurred as a result of the creation of the TIF. Costs for rapid transit projects would be eligible even if the expense was incurred outside the TIF, as long as the project benefited the TIF. The funds could be used for a new solid waste collection plan or supplement the Parks Department for new planters, etc, in the area. Assumptions used with the TIP were that (1) final reports would reflect the 2010 valuation/tax rate, (2) there would be no increase in the tax rate over the life of the TIF, (3) there would be a 2% increase in the valuation each year, and (4) there would be no participation by the County or the DISD. TIF revenue projections were $23.6 million over the 30 year life of the TIF. Proposed projects included parking, complete streets, drainage/utilities, and economic development projects. Parking might include parking lots or strictures for $14 million, complete streets as designed in the DTIP for $5.6 million, drainage/utilities projects for $2.0 million and economic development projects which included miscellaneous projects for $2.0 million. City of Denton City Council Minutes October 19, 2010 Page 2 The next steps for the TIF would be to present the information to the Downtown Task Force and the Economic Development Board. A public hearing would be held on December 7, 2010 for the ordinance to form the TIF which would include determining the board stricture as appointed by Council. It was suggested that the board be comprised of seven members and could include council members. The Board would develop the final project and finance plans for council approval. Mayor Burroughs asked if there were rigid divisions between the allocations of estimated costs. Ratliff stated that the funds could be divided in any way the Council desired. There had to be a plan and as long as the item was in the approved plan, the Board could request to amend the plan to increase the dollars in one section and reduce in another section. Mayor Burroughs asked if dollars could be allocated to any kind of operation and maintenance costs such as maintenance for a trolley system. Ratliff replied she would have to check on that issue. Council Member Gregory asked if the TIF was included in any budget projections. Ratliff replied the impact was not included in the five year projections. Council Member Watts expressed concern about the project. He was not anti-Downtown development. However, this was all the city's own money as the County was not providing any money to the TIF. When he looked at the suggested projects, he didn't see anything that was proposed for the TIF that couldn't be done with bond programs. The TIF would encumber $23 million of future revenue when the same thing could be done with a different mechanism at a faster rate. He questioned if this was the best mechanism to obtain the results that was desired. He did not like putting a large amount of money for a specific area of the city. The issue was the methodology to do the projects. The funding could not be done fast enough and then the city would have to bring in outside money to help finance the project. His preference would be to use the next CIP Committee rather than the Downtown Task Force or the Economic Development Partnership Board. The citizens would have an opportunity to vote on a project if included in the CIP. He was not opposed to what was proposed for the funds but he opposed how it would be done. He felt TIFs were for blighted areas which he felt the Downtown was not. Mayor Burroughs asked if the issuance of bonds or other obligations based on a TIF would be more expensive. Ratliff stated that certificates of obligation could be issued but they would not be more expensive. They did require a 1.25 x the revenue established before issuing the bonds. Mayor Burroughs asked if the TIF financing more expensive than General Government financing. Bryan Langley, Chief Financial Officer, stated that there were several different ways to finance; a certificate of obligation was the least expensive and revenue bonds were tied specifically to revenues coming in. City of Denton City Council Minutes October 19, 2010 Page 3 Mayor Burroughs asked if the financing of projects was under the plan, how the projects would be done sooner rather than later. Langley stated that debt could be issued with or without the TIF. This was just another tool to use for financing. Mayor Burroughs stated that it got down to how to do that and the money to be committed. He would hope that private business would assist with the projects. Council Member Gregory stated that Council Member Watts had argued that anything that could be done with TIF money could be done with other funding. The only thing a TIF did was obligate future councils to set aside that much money for future improvements. He questioned what was an anticipated investment with a TIF that could not be done otherwise. Mayor Burroughs stated that an example might be a downtown convention center. In the past one had been discussed but consultants had indicated that the infrastructure was too bad. This would be used to try and attract certain types of development and spark it now rather than later, Ratliff stated that another example might be a large transit-oriented development that might require a parking stricture. A TIF would signify to the developer who may be putting up the development that there was the possibility of dollars in a fund to assist with the project. Council Member Watts stated that the backup materials indicated that projects would be on a pay as you go basis. A project could be presented as TIF dollars to do the project but there was no way to be able to do it until further out as dollars would be slow in coming in. Mayor Burroughs stated that the Downtown paid for itself as there was no residential there. He might worry that the rest of the community might feel that the Council was over investing in the Downtown. Council Member Watts stated that this was all the city's own money with no outside money available. Ratliff stated that if certificates of obligation were issued, the revenue from the TIF could still be dedicated to pay back that funding. Council Member Gregory provided an example of a developer building apartments with retail and a parking garage. Some of the parking might be public and some reserved for tenants and customers. He questioned if TIF money would be the only avenue to support and encourage or help supplement such a project. Ratliff stated that a Chapter 380 agreement could also be done in that type of situation; however, those were usually performance based. A TIF did not have to rely on dollars generated. Council Member Engelbrecht asked if a 30 year TIF was approved, would there be anything to preclude a future council to cancel that TIF. Ratliff stated it could be cancelled as long as there was no debt or dollars committee to a project. City of Denton City Council Minutes October 19, 2010 Page 4 Mayor Burroughs stated that it was difficult to determine with how much a TIF really provided the Downtown. It was a lot cheaper and easier for developers to build projects where there wasn't anything and harder to do in the Downtown. He questioned how much of a tool was a TIF and how was it perceived. Ratliff stated that just the fact that there was a TIF in place made a statement that the city had a commitment to that area. Mayor Pro Tem Kamp felt that Chapter 380 agreements were reserved for very large projects. She saw a TIF on a much smaller scale for projects. This was a way to have a tool that would make a large difference to the Downtown and was necessary for the future of the Downtown. Council Member King saw a TIF used for small projects. Certificates of obligation might be the way to go as dollars would be up front and the funds later. Mayor Pro Tem Kamp asked how many cities with a similar population did not have a TIF. Ratliff stated that many cities had several TIFs. The proposed TIF was very conservative with the amount of funds. Council Member Watts left the meeting. Council Member Engelbrecht stated that the Downtown was the core of the city and Council had been committed to it for years. There was a goal of infill for the area which the TIF fit right in. The TIF would send a signal that the city had an additional commitment to the Downtown. He asked staff to review the current valuation of the properties on Hickory in order to determine what the TIF might be doing to their value in advance. Ratliff stated that she would proceed to present the issue to the Downtown Task Force and the Economic Development Board for input back to the Council. She asked if the Council had any direction on the number of members for the TIF Board if Council decided to proceed with the TIF. Consensus of the Council was to have seven members on the Board, five community members and two council members. They also agreed that the proposal should be presented to the Downtown Task Force and the Economic Development Board. The Council returned to the regular agenda order. Ordinance No. 2010-258 1. Consider adoption of an ordinance suspending certain portions of Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas, until January 1, 2011 and substituting alternative provisions through December 31, 2010 for the purpose of testing interim Rules of Procedure herein established and declaring an effective date. City of Denton City Council Minutes October 19, 2010 Page 5 City Attorney Burgess stated that following the Council's discussion at the last council meeting, she had reviewed Rules of Procedure and recommended the Council move forward with the revised provisions for a few months. The proposed ordinance would provide for a suspension of limited provisions of the current riles and substitution for a couple of months. Council Member Engelbrecht motioned, Council Member King seconded to adopt the ordinance. 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. Item 43 was considered. 3. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. Council returned to the regular agenda order. 2. Requests for clarification of agenda items listed on the agenda for October 19, 2010. Council Member Engelbrecht stated that the two noise exception requests for Consent Agenda H and I were recommended for denial by staff. He questioned why those items were on the Consent Agenda if they were recommended for denial. City Manager Campbell stated that the Consent Agenda was approving the staff recommendation. If Council approved the Consent Agenda, they would be approving the staff denial. Council Member Engelbrecht asked why the items were recommended for denial. He assumed it was due to too high of decibels or the hours were too late. Emerson Vorel, Director of Parks and Recreation, stated that the requests recommended for denial were in residential neighborhoods. Staff was recommending denial based on the hours requested and the requested increase in noise level because of the location in a neighborhood. Mayor Pro Tem Kamp stated that both requests had letters indicating that if the hours were too long, to contact the requestors. She asked if that had been done. Janie McLeod, Special Event Coordinator stated that one of the requestors had been contacted but he did not want to change the hours. Mayor Pro Tem Kamp stated that one of the requests was from the One O'clock Lab Band alumni. They had indicated that if the proposed event was too long or too late that they would be willing to shorten it or move it up. Vorel stated that even if the Police Department received a complaint after the Council approved an exception, the requestors could still be ticketed if they were disturbing the neighbors. He City of Denton City Council Minutes October 19, 2010 Page 6 stated that the requestor could still move forward and have the event but be aware of the noise levels. Mayor Pro Tem Kamp stated that the requestor for Item I could have the event and start earlier without permission. Vorel replied correct but they might be running the risk of officers coming to the house. Council could also overturn the staff s recommendation. Mayor Burroughs stated that Items G, H and I were the only ones with no recommendation given whether considering approval or denial. He suggested in the future that be included in the agenda caption. Council Member Gregory asked if the DISD was charged a franchise fee for Consent Agenda Item J. Howard Martin, Assistant City Manager, stated that the DISD was charged a right of use fee which represented a small amount of street crossings. Council convened in a Closed Meeting at 5:00 p.m.to consider the following: 1. Closed Meeting: A. Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; Consultation With Attorneys - Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition of a fee simple tract, being Lot 1, Block 2, College Beauty Addition, in the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 198, Page 365 of the Deed Records of Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the tract referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. 2. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition of permanent sanitary sewer easements and temporary constriction easements in the B.B.B & C.R.R. Company Survey, Abstract No. 185 and the Hiram Sisco Survey, Abstract No. 1184, generally along the Pecan Creek Tributary in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the necessary easement tracts where a public discussion of these legal matters would City of Denton City Council Minutes October 19, 2010 Page 7 conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. (Pecan Creek Sanitary Sewer Project - Phase 11) B. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Consult with City's attorneys regarding: (1) legal issues associated with the regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority and statutory preemption of municipal regulatory authority; (2) Federal preemption (and limitations on that preemption) of certain municipal regulations relating to the compression and transmission of natural gas, and the location of gas pipelines; (3) analysis of risks and enforceability of such regulations, including impacts and strategies associated with local permit protections; (4) legal limitations associated with the setting of fees for administration, inspection, enforcement, and other governmental or proprietary services related to gas well drilling and production, both within the City and its extraterritorial jurisdiction and, (5) discussion of legal bases, legal risks, and possible responsive legal strategies, associated with recent feedback to the City's gas well code provisions and associated permitting, platting and regulatory practices, both in general and as specifically applied to unplatted portions of proposed developments. This item was not considered. 2. Consultation, discussion, deliberation, and receipt of information from the City's attorneys regarding contemplated 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. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards City of Denton City Council Minutes October 19, 2010 Page 8 1. Goodwill Industries of Fort Worth Helping People with Disabilities Day Mayor Burroughs presented the proclamation for Goodwill Industries of Fort Worth Helping People with Disabilities Day. 2. Presentation of grant from Keep America Beautiful and Waste Management to Keep Denton Beautiful. Keep Denton Beautiful accepted the check from Waste Management for their Think Green Community project. 3. National Breast Cancer Awareness Month Mayor Burroughs presented the proclamation to the African American Cancer Support Group for Breast Cancer Awareness Month. 4. Amy Pelzel Appreciation Day Mayor Burroughs presented the proclamation for Amy Pelzel Appreciation Day. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Willie Hudspeth regarding the Bonnie Brae rezoning. Mr. Hudspeth stated that Council was not being respectful to citizens during their presentations. He stated that he would return for several meetings to show the Council their reactions to citizens during the meetings. He also did not agree with the way the Council handled the zoning proposal for the property on Bonnie Brae. 4. CONSENT AGENDA Mayor Pro Tem Kamp motioned, Council Member King seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, 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. 2010-259 A. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of tricking services for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4453- City of Denton City Council Minutes October 19, 2010 Page 9 Annual Contract for Tricking Services awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company in the annual estimated amount of $200,000). Ordinance No. 2010-260 B. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4582- Annual Contract for Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item, in the annual estimated amount of $750,000) Ordinance No. 2010-261 C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4596-2010-11 Electrical Energy Transmission Fees in the total amount of $1,403,633.03). Ordinance No. 2010-262 D. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Lockwood, Andrews & Newman, Inc. for engineering design and constriction phase services in connection with the Loop 288 Pedestrian Bridge Project; authorizing the expenditure of funds therefor; and providing an effective date (File 4585 in an amount not to exceed $134,067). Ordinance No. 2010-263 E. Consider adoption of an ordinance rejecting any and all competitive bids for a public works contract for the constriction of drainage improvements for the City of Denton as specified in Bid 4554-Eagle Drive Drainage Improvements Phase I; and providing an effective date. Ordinance No. 2010-264 F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the constriction of a concrete lined channel, pilot channels, and two outlet strictures for the Magnolia Drainage Improvements Phase 1 Detention Pond Project; 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 $149,911.14). Approved the request listed below. G. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a fundraiser held at the North Texas State Fairgrounds on Sunday, October 24, 2010. The concert will begin at 1:00 p.m. and conclude at 10:00 p.m. This request is for an exception to the sound ordinance for amplified sound on Sunday. Denied the request listed below. H. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music at the residence of 1604 N. Elm Street on Sunday, October 31, 2010, beginning City of Denton City Council Minutes October 19, 2010 Page 10 at 9:00 p.m. and concluding at 1:00 a.m. This request is for amplified sound on Sunday, an extension of hours from 10:00 p.m. for amplified sound, and for the amplified sound to be increased up to 75 decibels. Denied the request listed below. L Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during two outdoor concert events in residential areas hosted by Scott Mulvahill. The first concert would be located at 1709 W. Oak Street on Friday, October 22, beginning at 9:00 p.m. and concluding at 12:00 a.m. The second concert would be located at 3000 Montecito on Saturday, October 23, beginning at 8:00 p.m. and concluding at 10:00 p.m. This request is for an extension of hours for amplified sound from 10:00 p.m. to 12:00 midnight and for an increase in decibels from 65 to 80 for both concerts. Ordinance No. 2010-265 J. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an amendment to Interlocal Cooperation Agreement, by and between the City of Denton, Texas ("City") and the Denton Independent School District ("DISD"), amending that certain Interlocal Cooperation Agreement, dated on or about July 20, 2004, by and between the City and DISD, granting the right to utilize additional street right of way for the DISD fiber optic system; and providing an effective date. Ordinance No. 2010-266 K. Consider adoption of an ordinance finding that a public purpose and necessity exists to acquire sanitary sewer easements and temporary constriction easements and authorizing the acquisition through agreement or eminent domain of variable width sanitary sewer easements and variable width temporary constriction easements on the hereinafter described parcels of real property situated in the City and County of Denton, Texas, and all being embraced within the limits of the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185 and the Hiram Sisco Survey, Abstract Number 1184 for the installation of utilities relating to the "Pecan Creek Interceptor - Phase II Project"; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2010-267 L. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a real estate contract by and between the City of Denton, Texas and Philip R. Tharp and Joe B. Moore, and any other documents and conveyances that are necessary to acquire 602 Rose Street being Lot 1, Block 2, College Beauty Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 198, Page 365 of the Deed Records of Denton County, Texas; authorizing the expenditure of funds therefor; providing an effective date. (Paisley Street Drainage Improvements) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for design and engineering City of Denton City Council Minutes October 19, 2010 Page 11 services relating to the Bonnie Brae Road Widening and Improvements project: providing for the expenditure of funds therefor; and providing an effective date (File 4520 - awarded to Graham Associates, Inc. in an amount not-to-exceed $5,444,253.00). Frank Payne, City Engineer, reviewed the history of the project and the funding of the project. This item was for the design and engineering services related to the widening of Bonnie Brae. There were ten proposals for the project which were screened and ranked by a panel of city staff. Four firms were interviewed and made presentations for the project. The selection team chose Graham Associates for the project. This was a sole source contract with all aspects being performed by the company. Council Member Gregory asked if the specifications for the project included sidewalks and the size of the sidewalks. Payne stated that all alternate routes would be code compliant for sidewalks and bike accessibility if possible. Mayor Burroughs stated that this was a sole source contract because it was a professional services contract. Payne stated that the request for proposal included the services the city wanted to see and that the firms would need to bring to the table with the efficiencies needed. Once a short list was determined, staff asked for references and history of working in the industry. The contract was negotiated on the basis of deliverables and experience in providing the services. Mayor Pro Tem Kamp asked how much of the total funding was from regional toll revenue funds. Payne stated that the total amount funded was $57 million with $46 million coming from the State and $11 million provided by local match. Denton County approved $2 million from Precinct 4 as part of their Transportation Road Improvement Program. A total of $9 million of the required local match would need to be provided from the City. Mayor Pro Tem Kamp motioned, Council Member Engelbrecht 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 Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-269 B. Consider adoption of 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 Mayhill Road Widening and Improvements project: providing for the expenditure of funds therefor; and providing an effective date (File 4511 - awarded to Freese and Nichols, Inc. in an amount not-to-exceed $4,501,530.00). City of Denton City Council Minutes October 19, 2010 Page 12 Frank Payne, City Engineer, stated that the City had applied for regional toll revenue funding for several major transportation projects in August 2007. In August 2008, the city was notified that the Mayhill Road project was selected for this funding. The total funded amount of the project was $56 million with $45 million coming from the State and $11 million provided by local match. Denton County approved the expenditure of $5 million from Precincts 1 and 4 as part of their Transportation Road Improvement Program. A total of $5 million of the required local match would be provided from the City. This proposed ordinance was for a professional services agreement for design and engineering services for the project. Ten proposals were received and four were shortlisted and included presentations regarding the project. A selection team chose Freese and Nichols for the project. This was a sole source contract with all aspects being performed by the company. 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 Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. C. Consider nominations/appointments to the City's Boards and Commissions: 1. Zoning Board of Adjustment Mayor Pro Tem Kamp nominated Greg Johnson. Council Member Heggins nominated John Morris. On roll call vote, 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. 6. PUBLIC HEARINGS Ordinance No. 2010-270 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinances 86-173 and Ordinance No. 98-324 to amend the boundaries, concept plan and conditions associated with roughly 235.65 acres of land designated as Planned Development 120 (PD-120), located at the southeast corner of the intersection of F.M. 2164/Locust Street and Loop 288, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, defining the applicability of obsolete zoning use standards and designations referenced herein; and providing a severability clause and an effective date. (PDA10-0001, Gardens of Denton) The Planning and Zoning Commission recommends approval with conditions (7-0). Mark Cunningham, Director of Planning and Development, stated that the request was to amend Ordinance 86-173 and Ordinance No. 98-432 to revise the boundaries, concept plan and conditions of approval associated with the 235.65 acres designated as Planned Development 120. The original planned development was approved in 1986 and as time progressed, the bottom portion of the planned development was removed and was currently part of the Hills of Denton City of Denton City Council Minutes October 19, 2010 Page 13 Planned Development. Staff was also taking this opportunity to update the official map of Planned Development 120 to reflect current boundaries as several pieces of property were removed which the map never reflected. The applicant was proposing to amend Planned Development 120 by removing the roadway improvements that were required to be completed with Phase II of the development. The applicant was also requesting to amend the masonry standards in to include cement fiberboard as a permitted facade material. PS Arora, Division Manager-Wastewater Administration, stated that in 1980, Loop 288 and Highway 77 had not been improved. Since then the improvements had been made and conditions had changed in the area. Staff wanted to apply current regulations to the planned development. The developer had submitted a traffic impact analysis and based on that analysis the following improvements would be required: (1) Locust Street from Loop 288 to Hercules would be built to four lanes, (2) Beall Street would be constricted during Phase I and continue through Phase 11, (3) collector streets would provide right and left turn lane, (4) signalization cost participation at the Loop 288 service roads and Locust Street, (5) another driveway in the development might be warranted for another signalization for the future and (6) constrict a right turn lane. Mayor Burroughs stated that the masonry condition recommended by the Development Review Committee varied slightly from the Planning and Zoning Commission recommendation. The Planning and Zoning Commission had stricken the cement fiberboard and he asked what their objection was. Cunningham stated that cement fiberboard was never included in the original terms and was one that the applicant was requesting. Mayor Pro Tem Kamp asked for the timing of the roadway plan with four lanes. Arora stated that it scheduled for build out around 2015. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Heggins 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 Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-271 B. Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface use of a portion of Mack Park for the purpose of a Utility Easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a utility easement; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). City of Denton City Council Minutes October 19, 2010 Page 14 Bob Tickner, Parks Planning Administrator, stated that the City had requested to use park land for the purpose of relocating a water transmission line to service this section of the city. A public hearing was required by the Texas Parks and Wildlife Code to determine that there was no other reasonable alternative to the use or taking of the land. There would be no major impact on current park operations or programs. Staff had reviewed the request and recommended approval as did the Parks Board. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-272 C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton's Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b)(14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Kathy Schaeffer, Special Projects and Field Operations Manager, presented the history of the program. This ordinance would approve the Standards of Care for the City's Youth/Teen Programs. It provided for minimum standards by which the Parks and Recreation Department would operate those programs. These programs were recreational in nature and were not day care programs. The public hearing was a requirement of the Texas Human Resources Code. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. 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 Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 7. CONCLUDING ITEMS A. 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 City of Denton City Council Minutes October 19, 2010 Page 15 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 imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Mayor Pro Tem Kamp invited citizens to the Saturday Denton Animal Shelter Foundation Fund Raiser. Council Member Gregory requested a work session on the mandatory parks dedication policy for development. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. C. 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 7:50 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS