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September 21, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES September 21, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 21, 2010 at 5:00 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. 1. Requests for clarification of agenda items listed on the agenda for September 21, 2010. Council Member Watts questioned if there was a procedure to let citizens know that the Council would be considering the revised resolution for the Oncor issue. He did not want to deny public input but also wanted to make more efficient use of time. The Council had considered the input from the citizens at the last meeting and had changed the resolution accordingly. Mayor Burroughs requested a staff member provide interested citizens with the revised resolution before the start of the regular session. He suggested moving the item before consideration of the public hearing. Mayor Burroughs asked about Consent Agenda Item 5A. He felt this kind of resource needed to get in the public eye as much as possible. He questioned if it should be considered individually to advertise the program or was this a program that was well received with plenty of applicants. Barbara Ross, Community Development Administrator, stated that the program generally dealt with less than 10 units on an annual basis and there was a lengthy waiting list. Council Member Engelbrecht asked about the order of consideration for the budget items. Bryan Langley, Director of Finance, stated that the tax rate needed to be done first to determine the tax levy for the tax rolls and then those two items factored into the total budget. Following the completion of the Work Session, the Council convened in a Closed Meeting at 5:20 p.m. to consider the items below. 1. Closed Meeting: A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. City of Denton City Council Minutes September 21, 2010 Page 2 Council Member Heggins motioned, Mayor Pro Tem Kamp seconded that this item was appropriate for a Closed Session discussion under the Public Power Utilities Competitive Matter exception. 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. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Receive a briefing from City's attorneys and hold a discussion, pursuant to §551.071 of the Texas Government Code, of legal issues associated with a proposed zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on tracts 256, 257, 258, 260 and 261 of the E. Puchalski survey, with an overlay district on those same tracts, plus tract 263, containing additional restrictions as noted; the area for the zoning change encompasses approximately 4.678 acres of land located at the northeast corner of North Bonnie Brae Street and West Oak Street, in the City of Denton, Denton County, Texas. The Council convened into 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. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Presentation of the 2009 Distinguished Budget Presentation Award. Bryan Langley, Director of Finance, presented the 2009-10 Distinguished Budget Award to the Council. This award, given by the Government Finance Officers Association, had been awarded to the City for 24 years in a row. 2. Green Pride Fridays Mayor Burroughs presented the proclamation for Green Pride Fridays. 3. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2010-212 A. Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property tax of the City of Denton, Texas, for the year 2010, on all taxable property within the corporate limits of the city on January 1, 2010, and adopting a City of Denton City Council Minutes September 21, 2010 Page 3 tax rate of $0.68975 per $100 of valuation for 2010; providing revenues for payment of current municipal maintenance and operation expenses and for payment of interest and principal on outstanding City of Denton debt; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. Bryan Langley, Director of Finance, made a presentation for Items 4A-D. He stated that Item 3A would approve the tax rate as noted. The proposed tax rate was 2.3 cents above the current rate. The tax rate ordinance included a gradual increase in the over 65 tax exemption. Related to the tax rate was the approval of the tax rolls. Approval of the tax rolls was required by the Property Tax Code. Item 3C approved the 2010-11 budget. There had been a number of discussions with Council regarding the budget starting back in February. Langley discussed the budget proposed in July compared to the current proposed budget, the amendments that were done to the proposed budget, other key aspects of the budget including the utility rates. Item 3D was a ratification of approval of the vote for the budget in Item 3C. This ratification was required by state statute. Council Member Gregory motioned, Council Member King seconded to adopt the ordinance for 3A. 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. 2010-213 B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2010 tax rolls; and providing an effective date. Council Member Engelbrecht motioned, Council Member Watts 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. Ordinance No. 2010-214 C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2010-2011 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2010, and ending on September 30, 2011; and declaring an effective date. Mayor Pro Tem Kamp motioned, Council Member Gregory 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. Ordinance No. 2010-215 D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the Fiscal Year 2010-2011 Annual Program of Services (Budget) for the fiscal year beginning October 1, 2010, and ending on September 30, 2011 when the City of Denton City Council Minutes September 21, 2010 Page 4 Budget will raise more revenue from property taxes than last year's budget; and providing an effective date. Mayor Pro Tem Kamp motioned, Council Member Heggins 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. 4. BUDGET CONSENT AGENDA Council Member Watts motioned, Council Member King seconded to approve the Budget Consent Agenda and accompanying ordinances. 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. 2010-216 A. Consider adoption of an ordinance amending Article V, Library, of Chapter 2 of the City Code establishing operating policies and procedures; establishing fees for full access library cards for non-residents; providing a severability clause; providing for a penalty for each violation not to exceed $500; providing for a savings clause; and providing for an effective date. Ordinance No. 2010-217 B. Consider adoption of an ordinance approving the expenditure of funds for the purchase of a Component Enterprise Agreement with the Microsoft Corporation to renew licensing for the use of Microsoft Windows Enterprise: Desktop Optimization Package, Remote Desktop Services and Client/Server software licensing as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR) under 4DIR-SDD-1014; providing for the expenditure of funds therefor; and providing an effective date (File 4547- Purchase of Component Enterprise Agreement awarded to Dell-ASAP Software in the amount of $73,47932, the first of three payments, for a total 3-year licensing agreement in the amount of $220,437.96). Ordinance No. 2010-218 C. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Long Term and Voluntary Short Term Disability Benefits for the City of Denton employee benefits program; providing for the expenditure of funds therefor; and providing an effective date (RFP 4482-Long Term Disability and Voluntary Short Term Disability Benefits awarded to The Hartford with a cost of $0.20 per $100 of payroll per month, for an estimated annual cost of $111,584 and Voluntary Short Term Disability Benefits awarded to The Hartford (with the cost per month to be determined by actual voluntary employee participation rate) in the estimated amount of $97,289). City of Denton City Council Minutes September 21, 2010 Page 5 Ordinance No. 2010-219 D. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Group Term Life and Accidental Death and Dismemberment (AD&D) and Voluntary Supplemental Life and AD&D coverage for City employees; providing for the expenditure of funds therefor; and providing for an effective date (RFP 4483-Basic and Supplemental Life/Accidental Death and Dismemberment Insurance awarded to The Hartford in the estimated amount of $118,718 and Voluntary Supplemental Life Insurance/Accidental Death and Dismemberment Insurance awarded to The Hartford (with the cost per month to be determined by actual voluntary employee participation rate) in the estimated amount of $142,786). Ordinance No. 2010-220 E. Consider adoption of an ordinance accepting competitive sealed proposals and awarding a three-year contract for Benefit Consultant Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFSP 4484-Benefit Consultant Services awarded to McGriff, Seibels and Williams of Texas, Inc. in the annual amount of $48,500 for a three year total of $145,500.). Ordinance No. 2010-221 F. Consider adoption of an ordinance accepting competitive sealed proposals and awarding a three year contract for Property, Mobile Equipment, Boiler and Machinery, and Fleet Catastrophic Insurance Coverage for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 4558-Property, Mobile Equipment, Boiler and Machinery, Fleet Catastrophic Insurance Coverage awarded to Traveler's Insurance Company in the estimated annual amount of $164,860 for an estimated three year total of $495,580). Ordinance No. 2010-222 G. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for Harris Public Utility Billing System and associated software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4542-Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $97,939.52). Ordinance No. 2010-223 H. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Oracle EnterpriseOne (formerly PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld) available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4545-Purchase of Annual Maintenance for Oracle EnterpriseOne Software Package awarded to Oracle USA, Inc. in the amount of $104,218.74). City of Denton City Council Minutes September 21, 2010 Page 6 Ordinance No. 2010-224 L Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for Interactive Voice Response and Outage Management System and associated software modules for Denton Municipal Electric (DME) utility available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4546-Purchase of Annual Maintenance for Milsoft Utility Systems awarded to Milsoft Utility Solutions in the amount of $61,363.00). Ordinance No. 2010-225 J. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual service for CodeRED Emergency Notification System and CodeRED Weather Warning Service available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for expenditure of funds therefor; and providing an effective date (File 4548-Purchase of Annual Service for CodeRED Emergency Notification and CodeRED Weather Warning Service awarded to Emergency Communications Network, Inc. in the amount of $56,250.50). Ordinance No. 2010-226 K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for VisionAir Public Safety Software System and associated modules used for Police and Fire Department dispatching and records management available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4549-Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $198,545.26). Ordinance No. 2010-227 L. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual service access and support for Enhanced Data rates for GSM Evolution (EDGE) and 3G (third-generation) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing the expenditure of funds therefor; and providing an effective date (File 4550- Purchase of Annual Service Access and Support for Enhanced Data rates for GSM Evolution (EDGE), and 3G (Third-Generation) awarded to AT&T Mobility in the amount of $93,060.72). Ordinance No. 2010-228 M. Consider adoption of an ordinance of the City of Denton, Texas amending the Schedule of Rates contained in Ordinance No. 2009-218 for electric service; incorporate Ordinance No. 2010-066 to amend energy cost adjustment (Schedule ECA); adding local government small rate (Schedule G2); amending local City of Denton City Council Minutes September 21, 2010 Page 7 government rate (Schedule G1) to exclude customers with low demand; adding unmetered security camera rate rider (Schedule USC); amending non-standard street lighting rate (Schedule DSL) to include a facility charge; amending industrial development rider to raise minimum demand requirement and to change the name of the rider to economic growth rider (Schedule EGR); amending distributed generation from renewable sources rider (Schedule DGR) for clarity; amending independent wholesale generator rider (Schedule IWG) for clarity; amending renewable cost adjustment rider (Schedule RCA) for clarity; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-229 N. Consider adoption of an ordinance amending the schedule of water rates contained in Ordinance No. 2009-219 for water service rates and water rates; amending wholesale raw water service rate to Upper Trinity Regional Water District (WRW); amending the wholesale raw water pass-through rate to Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); amending the fire hydrant meter deposit fee (Schedule WFH); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-230 0. Consider adoption of an ordinance amending the schedule of wastewater rates contained in Ordinance No. 2009-220; providing for an amendment in the rates for dyno-dirt products (Schedule CWM); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-231 P. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance No. 2009-221 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the provisions of sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service; providing for the amendment to the residential refuse and recycling collection services rates and clarification thereof (Schedule SWR); amendment to and clarification of the multi-family refuse collection services rate and renaming it the multi-family household furniture collection service (Schedule SWMFS); amendment to the multi-family chemical collection/recycling rate (Schedule MFR); amendment to the commercial solid waste collection services rates (Schedule SWC); amendment to the commercial recycling services rates (Schedule SWCR); amendment to the constriction, deconstruction, and demolition materials services rates (Schedule SWC&D); amendment to the collection and transportation services permit and clarifications (Schedule SWP); amendment to the sanitary landfill services rates (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes September 21, 2010 Page 8 Ordinance No. 2010-232 Q. Consider adoption of an ordinance of the City of Denton, Texas providing for the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to City utilities customers contained in Ordinance No. 2009-222; adding a new customer application charge; amending section 26-3 of the Code of Ordinances regarding residential service deposits; eliminating the credit report charge; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-233 R. Consider adoption of an ordinance amending the schedule of engineering fees contained in Ordinance No. 2009-223; providing a repealer; providing for a severability clause; providing for an effective date. The Public Utilities Board recommends approval (5-0). 5. CONSENT AGENDA Council Member King 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. 2010-234 A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement Program (HIP) and eligibility criteria; authorizing expenditures in excess of $50,000 for projects meeting program guidelines and criteria; and providing for an effective date. Ordinance No. 2010-235 B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a Professional Services Agreement for an engineering firm by and between CP&Y, Inc. and the City of Denton, Texas; providing for the expenditure of funds; providing an effective date (File 4556-Professional Engineering and Design Services awarded to CP&Y, Inc. in an amount not to exceed $110,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-236 C. Consider adoption of an ordinance authorizing the City- Manager to execute a Professional Services Agreement (PSA) with Solutient GeoSciences, Inc. for Hydrogeological Consulting and Analytical Services pertaining to the City of Denton Landfill as set forth in the contract, and providing an effective date (File 4571-Professional Services Agreement for Hydrogeological Consulting and Analytical Services pertaining to the City of Denton Landfill awarded to Solutient GeoSciences, Inc., in an amount not to exceed $100,869.40). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes September 21, 2010 Page 9 Ordinance No. 2010-237 D. Consider adoption of an ordinance authorizing the City Manager or his designee to sign a Consent To Lien Upon Leasehold as requested by Global Maritime Supply Management, LLC, a tenant at Denton Municipal Airport, to receive financing from Comerica Bank for a facility expansion. The Airport Advisory Board recommends approval (7-0). Ordinance No. 2010-238 E. Consider adoption of an ordinance approving an agreement between the City of Denton, Texas, and the Denton Chamber of Commerce regarding an Economic Development Partnership; and providing an effective date ($210,200). Ordinance No. 2010-239 F. Consider adoption of an ordinance of the City of Denton approving Change Order Eight, an amendment to a professional services agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5 2002; extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing for an effective date. The Mobility Committee recommends approval (3-0). Approved the minutes listed below. G. Consider approval of the minutes of: July 19, 2010 July 20, 2010 August 2, 2010 August 3, 2010 August 5, 2010 Ordinance No. 2010-240 H. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Microsoft Corporation Client Access Licenses (CALs) software licensing as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR) under 4DIR-SDD-1014; providing for the expenditure of funds therefor; and providing an effective date (File 4566- Purchase of Microsoft CALs software licensing to Dell-ASAP Software in the amount of $140,107.20). Ordinance No. 2010-241 L Consider adoption of an ordinance of the City of Denton, Texas ratifying the action of the City Manager's award of a contract dated August 26, 2010, by and between the City of Denton and Brandt Engineering, for the purpose of installing lighting retrofit replacement, acquiring two (2) chilled water pumps 15 HP, two (2) condenser water pumps 7.5 HP, variable frequency drives (VFDs) for the chilled water pumps, and two (2) cooling towers in the total sum of $512,541, said contract having been executed pursuant to Ordinance 2010-097 relating to the City s expenditures of formula funds allocated to the City of Denton through the federal government's Department of Energy's Energy Efficiency and Conservation Block Grant Program and authorizing administration of expenditures and fiscal and administrative matters related to said Grant Program. City of Denton City Council Minutes September 21, 2010 Page 10 Resolution No. R2010-034 J. Consider approval of a resolution of the City Council of the City of Denton, Texas, ("City") approving a change in the tariffs of Atmos Energy Corporation, Mid-Tex Division ("Atmos"), as a result of a settlement between Atmos and the Atmos Texas Municipalities ("ATM"); finding the rates set by the attached tariffs to be just and reasonable; finding that the additional cost for replacing steel service lines is appropriate and is approved subject to a prudence review, finding that the continuation of the rate review mechanism ("RRM"), as amended, for two years is reasonable, requiring delivery of the Resolution to the company and legal counsel; determining that the meeting at which this Resolution was approved complied with the open meetings act; making other findings and provisions related to the subject; and declaring an effective date. Mayor Burroughs indicated that Item 7A would be considered next. 7. ITEMS FOR INDIVIDUAL CONSIDERATION Resolution No. R2010-035 A. Consider approval of a resolution authorizing the Mayor to execute and deliver correspondence and other documentation to Oncor Electric Delivery Company LLC ("Oncor") and the Public Utility Commission of the State of Texas regarding the proposed electric transmission line contemplated to be constricted by Oncor together with the transmission line's potential location within, over, across or in the vicinity of the City of Denton, Texas; and providing an effective date. Mayor Burroughs stated that the revised resolution was against any route that would cross the green belt corridor. This was a different resolution from the one considered at the Council's previous meeting. The Council had received numerous communications about this item and requested speakers to limit their comments to new issues in order to move the item along. Howard Martin, Assistant City Manager, stated that on September 14th staff briefed Council on the proposed transmission line and route. Council received substantial public input on the issue and directed staff to include opposition to any route that would cross the greenbelt. The resolution before Council addressed that issue. Mayor Burroughs noted that the second page of resolution indicated opposition to any route that would cross the greenbelt corridor between Lake Ray Roberts and Lake Lewisville. Speaker cards were received from the following: Bill Bacon, 400 Bridge Ridge Ranch Road, Cross Roads, 76227 - in favor Jim Patnick, 3030 North Trinity Road, Denton, 76208 - in favor David Martino, 4974 Christi Lane, Aubrey, 76207 - in favor Donald Cross, 5637 Harmony Ranch Road, Aubrey, 76227 - in favor Bahram Paiani, 5695 Harmony Ranch Road, Aubrey, 76227 - in favor Roger Cox, 3912 Deer Forest, Denton, 76208 - in favor Eden Dankowski, 3650 New Hope Road, Aubrey, 76227 - in favor Sean Houck, 4378 Rock Hill Road, Aubrey, 76227 - in favor City of Denton City Council Minutes September 21, 2010 Page 11 Comment Cards were received in support of the proposed resolution: Eric and Deb Johnson, 9524 Arvin Hill Road, Aubrey, 76227 Richard Rogers, 2813 Hanover, Dallas, 75225 Peter Hulstrand, 320 Bonnie Brae, Denton, 76208 Joann Blocker, 5856 Harmony Ranch Road, Aubrey, 76227 Mary Sue Scott, 5891 Harmony Ranch Road, Aubrey, 76227 Rita Hanson, 4375 Rock Hill Road, Aubrey, 76227 David Spector, 3909 Deer Forest, Denton, 76208 Micki Boaz, 4344 Rock Hill Road, Aubrey, 76227 Pari Shams, 5695 Harmony Ranch Road, Aubrey, 76227 Council Member Gregory motioned, Council Member King seconded to approve the resolution. 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. The Council returned to the regular agenda order. 6. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit to allow changes to an existing elevation and site plan for a telecommunications tower located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 7.908 acres. The property is located at the southwest corner of Audra Lane and Lattimore Street and is more commonly known as Lot 1, Block 1 of the Faith Tabernacle Assembly of God Addition; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (S 10-0002). The Planning and Zoning Commission recommends approval (5-0). Mark Cunningham, Director of Planning and Development, presented the details of the proposal. He indicated that the request was for a specific use permit to amend the elevation of an existing telecommunications tower located in a NR-4 zoning district. The proposal would enclose the top portion of the tower, add equipment at the ground level, and relocate 2 parking spaces. A 2007 specific use permit limited the tower height to 85 feet, controlled the tower location and appearance and regulated the amount and location of parking spaces. The proposed specific use permit would replace the 2007 specific use permit. The back of the tower would be raised up to the top of the tower instead of having the cross at the top that was open. Mayor Pro Tem Kamp stated that the proposal was to just change the existing tower, not add to the tower. Cunningham stated that the overall height of the tower would not exceed the original 85 feet. The Mayor opened the public hearing City of Denton City Council Minutes September 21, 2010 Page 12 Belinda Dixon, representing Metro PCS, spoke in favor. The Mayor closed the public hearing. Mayor Pro Tem Kamp 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. 7. ITEMS FOR INDIVIDUAL CONSIDERATION B. Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on tracts 256, 257, 258, 260 and 261 of the E. Puchalski survey, with an overlay district on those same tracts, plus tract 263, containing additional restrictions as noted; the area for the zoning change encompasses approximately 4.678 acres of land located at the northeast corner of North Bonnie Brae Street and West Oak Street, in the City of Denton, Denton County, Texas (Z09-0013) The Planning and Zoning Commission recommended approval of the rezoning of six (6) of the seven lots from Neighborhood Residential 3 (NR-4) to Neighborhood Residential Mixed Use (NRMU) subject to overlay conditions (5-1). Chuck Russell, Interim Planning Manager, presented the details of the proposal. He indicated that 2286 West Oak would not be part of the request and was withdrawn by the applicant. He reviewed the residential and commercial land uses that changed from the original proposal, including industrial and institutional uses. A matrix detailing the general regulations from the start of the proposal through the Planning and Zoning Commission recommendations to the applicant proposal of September 16th was reviewed. Russell provided an update on the small area plan for Bonnie Brae and Ector Street which would be completed in about 12 months. The Development Review Committee recommended approval of the rezoning of six of the properties to NRMU with a restrictive overlay to various uses. The Planning and Zoning Commission recommend approval of six of the properties to NRMU with a restrictive overlay to prohibit various uses as indicated in the agenda information sheet. Council Member Watts noted that the retail restrictions were only for one retail building. If the proposal were approved, there couldn't be all retail buildings other than medical offices. If the zoning went through could there be as many retail uses that could fit in the space. Russell stated that if Council moved forward with the proposal, he would recommend that the maximum of 7500 square feet of permitted retail use be specifically designated. If the applicant wanted to go outside the box shown on the drawing for retail, he would have to apply for a specific use permit. He suggested Council make clear that the 7500 square feet of retail would be for the entire development or per lot or per building. City of Denton City Council Minutes September 21, 2010 Page 13 Council Member Watts questioned the wording on the agenda information sheet regarding a supermajority vote of Council. Russell indicated that was included in case the Council wanted to include the property located at 2286 Oak Street. If that lot was not going to be considered, a supermajority vote was not needed. Council Member Gregory questioned the applicant being able to make changes to the proposal that the Planning and Zoning Commission had not seen. City Attorney Burgess stated that the applicant had asked for some changes for consideration by Council which was what Council had requested when it postponed consideration at a prior meeting. Russell stated that changes were made through the course of the meetings which might be more restrictive than what the Planning and Zoning Commission had considered. Council Member Engelbrecht questioned if the neighbors had seen the changes. Russell stated that there were minor changes done after agenda packet deadline for Council. Those changes were included in the matrix he had presented to Council. Larry Richhart, representing the applicant, submitted a Speaker Card. He indicated that the fence was lowered to six feet as an eight foot fence would be out of character with the neighborhood but they would be comfortable with an eight foot if Council desired one. He indicated that the maximum retail sales on the property would be 7500 square feet total on the entire property. They would also be comfortable moving the medical center back to a specific use permit with the L 17 designation. Council Member Gregory asked if the commercial zoning on the property would be limited to 7500 square feet over the entire plan. Reichhart stated that there could be 7500 square feet in the square area on the corner. Any other retail would need a specific use permit. Council Member Gregory asked about the administrative/research facilities. Reichhart stated that it would be allowed with a specific use permit and the L14 designation. Council Member Watts questioned the L14 definition. Reichhart stated that it was limited to 10,000 square feet. Council Member Watts stated that with the L17 definition, administrative/research and grocery store were allowed under that category unless excluded from L14. Reichhart stated that they were excluded in L 14. City of Denton City Council Minutes September 21, 2010 Page 14 Council Member Watts stated that all the discussion he had heard and the discussion expressed to the neighbors was the intention to develop the property into some type of medical development, with the possibility of some retail on the corner. He was not sure how temporary use fit into that scenario or how restaurant/private club fit into that type of development. If the proposal was supposed to be a medical destination, he did not know why there were uses outside of that type of description. Reichhart stated that one of the more successful medical parks had a sponsored day care for employees and employees of a business park. In his opinion, a successful business park/office complex needed several different uses as he believed in mixed uses. There could be a sandwich shop on the first floor of one of the buildings for the employees in the area. He did not like to limit an area of that size to just office. Retail sales might include a magazine shop on the corner away from major retail. The specific use permit process gave Council the final approval. Council Member Watts asked if the site plan would remain with the Planning and Zoning Commission. Reichhart stated that it would probably end up at Council. He felt a singular use on more than one parcel was not always the best type of zoning. He was in favor of mixed use developments. Council Member Watts asked about the use of a drive through facility. Reichhart stated that some medical offices had a small pharmacy and might need a drive through. Council Member Engelbrecht asked about the referral of a day care in a large facility. Reichhart stated that research facilities often had day cares associated with them. Engelbrecht questioned if the medical office designation would have enough employees to support a sandwich shop or other retail. He questioned the difference between medical centers and medical offices. Reichhart felt that staff could explain that more appropriately. Engelbrecht noted that the applicant was asking for that as a use but did not seem to know what it was. Reichhart stated that a medical center did day procedures. Council Member Engelbrecht asked about a masonry fence between the residential properties and the proposed five acres. Reichhart felt that a wood fence was more appropriate than a brick wall which out of character with the neighborhood. Council Member Gregory questioned if the restrictions would prohibit a convenience grocery store. City of Denton City Council Minutes September 21, 2010 Page 15 Reichhart stated the restriction would be a convenience store associated with a gas station. The following individuals submitted Speaker Cards: Elise Ridenour, 2044 West Oak, Denton, 76201 - opposed Gene Hargrove, 2025 Houston Place, Denton, 76201 - opposed Peter Hulstrann, 320 Bonnie Brae, Denton, 76208 - support David Kaplan, 308 Marietta Street, Denton, 76201 - opposed Bob Clifton, 1800 Morris, Denton, 76205 - support Dave Lynn, 2120 Houston Place, Denton, 76201 - opposed Michelle Lynn, 2120 Houston Place, Denton, 76201 - opposed Deborah Conti, 2106 N. Bell, Denton, 76209 - opposed Steven Friedson, 2044 West Oak, Denton, 76201 - opposed Joann Nunnlley, 2215 Houston Place, Denton, 76201 - opposed Caroline Polliard, 1800 West Oak, Denton, 76201 - opposed Comment cards were received from: Mike and Lynda Nolen, 2280 W. Oak, Denton, 76208 - support Melody Buys, 314 N. Bonnie Brae, Denton, 76201 - support Gary Chang, 1600 W. Hickory, Denton, 76201 - support Marsha and Dixie Stevenson, 1920 W. Oak, Denton, 76201 - opposed Dora Sloan, no address given - opposed Leona Langford, no address given - opposed Rahna Raney, no address given - opposed Mrs. Tom Harpool, 2222 Houston Place, Denton, 76201 - opposed Pete and Elizabeth Gunter, 225 Jagoe, Denton, 76201 - opposed Francisca Massardo, 2035 Houston Place, Denton, 76201 - opposed Ricardo Rozzi, 2035 Houston Place, Denton, 76201 - opposed Mayor Burroughs indicated that the petitioner would be allowed a rebuttal. Council Member Engelbrecht questioned the rebuttal time. If the petitioner was allowed a rebuttal, then everyone who was required to fill out a card to speak should be allowed a second opportunity to speak. Mayor Burroughs indicated that during public hearings the petitioner was allowed a rebuttal time but as this was not a public hearing, he would do it under part of the Mayor's discussion period. Richhart indicated that he had spoken to his client and he would be willing to limit the uses to office only on the entire property with no retail. All other architectural restrictions would still apply with the only difference being that there would only be office/professional with no retail on the property. Council Member Gregory stated that the corner of the property had a building which was used for commercial and was zoned NR3. That business was closed. He questioned if it could be opened up again as a commercial use. City of Denton City Council Minutes September 21, 2010 Page 16 Russell stated that it did not have a special exception so it would be a non-conforming use. If it were abandoned for six months or more, it would lose those rights. He would have to verify whether or not it had lost its nonconforming rights. Council Member Gregory asked if it would be possible to have something in writing about the new criteria before voting on it. Russell stated that all uses would go away except for professional/offices with the L17 condition. The development standards were added back in as noted. Mayor Burroughs asked about the condition of Houston Place not going through Richhart stated that was 44 on the list of conditions Russell stated that the intent was to still have the plan attached and updated to show Houston Place terminated at end of the property. Council Member Engelbrecht asked if the solid wood fence was covered under the Property Maintenance Code. Russell replied that maintenance would be a code enforcement issue. Council Member Watts questioned if the constriction of a new fence was governed by the Development Code. Russell indicated that was specific to perimeter fences only. Council could add in language that the applicant would be required to follow perimeter fence requirements or add language have to the fence maintained to certain standards. Council Member Heggins stated that the citizens had expressed opposition to the first plan and now there was another plan proposed. She questioned how the citizens felt about the new proposal. Ridenour stated that it was a huge change in the proposal and it was not close to what it was before them at any time. The Steering Committee had indicated that they would not oppose the plan if it was kept strictly medical offices with a more substantial fence than wood. She questioned under what circumstances the applicant could ask for change in zoning to allow something other than medical offices. Russell stated that under the procedures for zoning amendments, a proposal that was denied would not be eligible for 12 months unless a substantial change in circumstances was done. Council Member Engelbrecht asked if the applicant would immediately apply for rezoning. City Attorney Burgess stated that the limit in the Code was for denial. City of Denton City Council Minutes September 21, 2010 Page 17 Council Member Gregory stated that there were still concerns about the Bonnie Brae corridor and what it could be. He felt they were close to a consensus but was uncomfortable amending the proposal during the meeting. He suggested postponing it for another meeting or two Mayor Burroughs stated that all other uses than professional/office would be eliminated. Any unintended consequences would be on the developer and not on the Council. That was the risk that was taken for speculative zoning. By eliminating all other uses, the risks were narrowed as much as possible. Council Member King stated that the petitioner had given up as much as was requested by the neighborhood. Mayor Pro Tem Kamp felt that they were very close to a consensus. Many neighbors had indicated that they would not oppose the proposal if it were specific for office. Mayor Pro Tem Kamp motioned, Council Member Heggins seconded to table the proposal to the October 5th council meeting with staff returning with the exact wording for no retail usage, office/professional usage only, fencing requirements and overlay requirements. 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. C. 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 imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Heggins noted the upcoming Hispanic Heritage Celebration and the Worldfest Celebration. Council Member King noted the upcoming Wild Beast Feast. D. 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. City of Denton City Council Minutes September 21, 2010 Page 18 E. 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 9:22 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS