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November 1, 2011 Minutes CITY OF DENTON CITY COUNCIL MINUTES November 1, 2011 After determining that a quorum was present, the City Council convened into a Work Session on Tuesday, November 1, 2011 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Council Member Roden and Mayor Burroughs. ABSENT: Council Member King and Mayor Pro Tem Kamp. 1. Citizen Comments on Consent Agenda Items There were no citizen comments received for this meeting. 2. Requests for clarification of agenda items listed on the agenda for November 1, 2011. City Manager Campbell stated that Council Consent Agenda Item T might have to be moved from the Consent Agenda to Individual Consideration as an additional name had been received for Council consideration. Jon Fortune, Assistant City Manager, stated that there were eight members eligible for reappointment listed in the resolution. One individual contacted the City regarding a willingness to serve. Mayor Burroughs stated that he knew the individual and felt she would be a good person to serve. He suggested adding the name to the resolution with the others. Council Member Roden asked about Consent Agenda Items N and O. He stated that both items dealt with a Hotel Occupancy Tax funding agreement with Elm Ridge Church and Welcome Center. He questioned the difference in use of funds. Tony Puente, Assistant Director of Finance, stated that one agreement dealt with the use of funds for advertising in conjunction with the Historical Commission and the other agreement dealt with the restoration and repair of the building. Council Member Roden asked if any economic impact studies had been done relating to justification of funding particular projects. Puente stated that the HOT Committee had a number of discussions regarding those terms when reviewing requests for funding. Council Member Watts stated that he had asked in the past for that type of study. The study would indicate what events were filling hotel rooms. He felt the hotels were not organized enough to do that except on an individual basis. He indicated that the HOT Committee could look into doing such a study. 3. Receive a report, hold a discussion and give staff direction regarding Single- Family:Multi-Family development ratio within the city of Denton. City of Denton City Council Minutes November 1, 2011 Page 2 Mark Cunningham, Director of Planning and Development, stated that when the Denton Development Plan was written in 1999, it was anticipated the accommodation of 27,000 single- family homes and 18,000 multi-family units by the year 2020. That would bring the ratio of single-family:multi-family housing from 51%:49 to 59%:41%. The trend toward that goal continued until 2008 when it peaked. Since 2008 the ratio for single-family was declining while the percentage ratio for multi-family was increasing. According to the August 2011 edition of the City’s Statistical Trends and News of Denton Report, the City’s SF:MF ratio currently stood at 58%:42%. This latest reported ratio reflected a 1% variance from the Denton Plan’s 2020 projections. As the City prepared to rewrite the Denton Plan, a determination needed to be made to either maintain the 59%:41% SF:MF ratio established as a goal in the 1999 Denton Plan, or to set a new goal. Mayor Burroughs asked if the trend for past several years was because single-family was being built and if the indicators showed that the trend was changing. He felt that in time it might correct itself. Cunningham stated that a small amount of single-family dwellings were being developed and built but that much more multi-family building was being done. Financial institutions were more apt to provide financing for multi-family than for single-family. There were many single family lots approved but those were not being developed. Council Member Watts felt that he would like a higher dialog regarding an apartment policy than what was presented. He stated that the definition of a unit was different in various zoning classifications. He was also interested in a higher dialog regarding the philosophy of apartment building in the City. Cunningham stated that the same calculations were being used as when the original percentages were developed. Units were defined differently in various zoning categories in terms of parking and number of bedrooms in the unit. The definition of single-family in the Denton Plan was single-family detached and duplexes. Multi-family was triplex and above. Council Member Watts stated that given the paradigm shift in multi-family in Denton with leasing by the bedroom, he wanted to make sure the definitions were still consistent with the Denton Plan definition and which one was being used for density for zoning regulations. Because renting by the bedroom was being done, he felt there was a real shift in the definition of a unit. Mayor Burroughs stated that was a major topic during the initial discussions of the Denton Plan. It would again be an appropriate discussion and involved in plan review. Council Member Gregory questioned that as the percentages of single-family moved to 60% was the City, through policy, doing something to make that happen. He questioned if the zoning was such that 60% of the land was designated for single-family and 40% was designated for multi- family. Cunningham stated that the Denton Plan indicated percentage goals for zoning for single-family versus multi-family but that the development trend was the method for the development process. City of Denton City Council Minutes November 1, 2011 Page 3 Council Member Gregory asked if it would be legal to not allow multi-family in order to meet those goals. City Attorney Burgess stated it might involve the Fair Housing Act. Her staff could prepare a report if requested by Council. Council Member Gregory indicated that he would like to see such a report. He asked for the rational for choosing 60% single-family and 40% multi-family. Mayor Burroughs stated that during the original discussion on the development plan, there had been a lot of discussion on what citizens liked in Denton and what they did not like. The discussion showed a shift from large density projects. However, in order to have a viable Downtown there had to be Downtown density. The ratio of 60-40 was the closest to a consensus that was achieved. Council Member Engelbrecht asked about classifications of townhomes. Cunningham stated that in the calculation, townhomes were considered multi-family but in the Denton Plan, they were considered single-family. Council Member Engelbrecht suggested that when discussing single-family units versus multi- family units that townhomes be considered single-family. Cunningham stated that there were not a lot of townhomes in Denton. If a development went beyond six units, it was no longer a townhome. Council Member Engelbrecht stated that units rented by the bedroom did not meet any of the requirements. They did not fall under single-family or multi-family. He suggested looking at a separate category to get a good count on those and where they were located. If a house were rented by the bedroom it could be converted back to a house. He did not know what to do with those apartments which were rented by the bedroom if the market changed with those no longer an option that was desired. Council Member Roden stated that apart from a rezoning of the City, there were no other regulatory policies in place to attempt to get to the ratio. He suggested putting tools in place to make a ratio seem like a good goal. Cunningham stated that zoning would be the only tool to do that. Mayor Burroughs stated that other tools were considered over the years which were qualitative such as setbacks, number of trees, etc. that priced some potential multi-family out of existence because those features were not affordable. That had an impact on single-family as well. The higher quality level of amenities and the more service require tended to keep the numbers down. Council Member Roden suggested that a future item might be a way to look at the vacancy rate of current apartments and the effect on current apartment stock. Look at a way to understand or track over time how homeowner and owner occupied status was changing as more apartments were developed. City of Denton City Council Minutes November 1, 2011 Page 4 Following the completion of the Work Session, the Council convened into a Closed Session at 5:15 p.m. to discuss the following items: 1. Closed Meeting: A. Deliberations Regarding Real Property - Under Texas Government Code, Sec. 551.072; and Consultation with Attorneys - Under Texas Government Code, Sec. 551.071. 1.Discuss, deliberate and receive information from Staff and provide Staff with direction pertaining to the possible acquisition of certain real property more particularly described as a 0.16 acre tract, being Lot 13, Block 4 of Solomon Hills, No. 3, an addition to the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition 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 City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. B. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the leasing of land and financing of a city facility on University of North Texas Property located at I-35 and North Texas Boulevard. The discussion shall include financial information the City Council will review, including the offer of financial or other incentives. The Council convened in a Regular Session at 6:30 p.m. in the City 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 by the Heroes of Denton County Board of Directors to City of Denton City Council Minutes November 1, 2011 Page 5 retiring member Ross Chadwick. The Heroes of Denton County Board of Directors presented an award to retiring member Ross Chadwick. 2. National Nurse Practitioner Week proclamation Mayor Burroughs presented a proclamation for National Nurse Practitioner Week. 3. America Recycles Day proclamation Mayor Burroughs presented a proclamation for American Recycles Day. 4. Presentation of Regional, State and National awards for Denton's Drug Disposal Day Program. Shirlene Sitton, Recycling Manager, presented the awards for the Drug Disposal Day Program. They included the Outstanding Special Event Award, State and National awards in the Public/Private partnership category. 3. CONSENT AGENDA Council Member Roden motioned, Council Member Engelbrecht seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the substitute resolution for Item T. On roll call vote, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye” and Mayor Burroughs “aye”. Motion carried unanimously. Ordinance No. 2011-203 A. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($10,240 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-204 B. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. ($16,580 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-205 C. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($650,080 - The Hotel Occupancy Tax Committee recommends approval (3-0). City of Denton City Council Minutes November 1, 2011 Page 6 Ordinance No. 2011-206 D. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($23,010 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-207 E. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue, and providing an effective date. ($14,590 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-208 F. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. ($82,820 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-209 G. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue; and providing an effective date. ($117,780 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-210 H. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($7,640 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-211 I. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Central Business District Association of Denton, Texas, d/b/a Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. ($23,010 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-212 J. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Music Theatre of Denton for the payment and use of hotel tax revenue; and providing an effective date. ($5,000 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-213 City of Denton City Council Minutes November 1, 2011 Page 7 K. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ($73,620 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-214 L. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($50,610 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-215 M. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Texas Filmmakers Corporation for the payment and use of hotel tax revenue; and providing an effective date. ($5,000 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-216 N. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African American, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse Museums; and providing an effective date. ($90,840 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-217 O. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Denton County Historical Commission; and providing an effective date. ($17,730 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-218 P. 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 4814-Annual Contract for Heavy Equipment Rental Service awarded to the lowest responsible bidder meeting specification for each item, in the annual estimated amount of $750,000). Ordinance No. 2011-219 Q. 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 4847-2011-12 Electrical Energy Transmission Fees in the total amount of $1,234,986.27). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes November 1, 2011 Page 8 Ordinance No. 2011-220 R. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Euless under Section 271.102 of the Local Government Code for the purchase of Street Slurry Seal Services; providing for the expenditure of funds therefor; and providing an effective date (File 4395-Interlocal Agreement for Street Slurry Seal Services with the City of Euless, contract awarded to Viking Construction, Inc. in the estimated amount of $260,000). Ordinance No. 2011-221 S. Consider adoption of an ordinance accepting competitive proposals and awarding a five year contract for heavy duty equipment maintenance and repairs for the City of Denton Fleet Services Division; providing for the expenditure of funds therefor and providing an effective date (RFP 4729-Five Year Contract for Maintenance of Heavy Duty Fleet Mechanical Services awarded to Darr Equipment Co. in the annual estimated amount of $400,000 for a five year total estimated amount of $2,000,000). Resolution No. R2011-040 T. Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Ordinance No. 2011-222 U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a contract of sale (herein so called) between the City of Denton, as Buyer and Deborah Jannette Gailes, formerly Deborah Jannette Wrenn and Claudia Wrenn Badger, formerly Claudia Wrenn, as Sellers, contemplating the sale and purchase of a tract of land, being Lot 13, Block 4 of Solomon Hills, No. 3, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Volume 183, Page 84, Deed Records, Denton County, Texas, (the "Real Property"), for the purchase price of Forty Six Thousand and No/100 Dollars ($46,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all documents necessary to accomplish closing of the transaction contemplated by the contract of sale; authorizing the expenditure of funds therefore; and providing an effective date. Ordinance No. 2011-223 V. Consider adoption of an ordinance on third and final reading of the City Council of the City of Denton, Texas, granting to Denton County Electric Cooperative, Inc., D/B/A CoServ Electric, its successors and assigns, the non-exclusive right to use and occupy rights-of-way within the City of Denton for the construction and operation of an electric transmission and distribution system; prescribing conditions governing the use of the public rights-of-way; providing for compensation therefor, providing for a term of said franchise; providing for written acceptance of this franchise; finding that the meeting at which this ordinance is passed is open to the public; providing for severability; and providing for an effective date. Ordinance No. 2011-224 W. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("City") to execute for and on behalf of the city an Easement Abandonment Agreement ("Agreement"), by and between ULE, LLC and the City, contemplating the City of Denton City Council Minutes November 1, 2011 Page 9 (i) abandonment of that certain public drainage easement, dated September 17, 2002, from Westminster Ltd. to the City of Denton, Texas, recorded at Volume 5238, Page 3740, Real Property Records, Denton County, Texas; (ii) partial abandonment of that certain sanitary sewer easement, dated June 1, 1998, from Westminster, Ltd. to the City of Denton, Texas, recorded at Volume 4103, Page 1495, Real Property Records, Denton County, Texas; and (iii) abandonment of that certain sanitary sewer easement, dated November 19, 1968, from Harold E. Harman to the City of Denton, Texas, recorded at Volume 578, Page 332, Deed Records of Denton County, Texas, upon the terms and conditions provided in the agreement, and affecting lands located in the Benjamin Lewis Survey, Abstract No.769 and the Jeremiah Fisher Survey, Abstract No.421, Denton County, Texas, all as more particularly described in the agreement; and declaring an effective date. (Unicorn Lake Estates Addition - Drainage and Utility Line Rearrangements) 4. PUBLIC HEARINGS Ordinance No. 2011-225 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the Rayzor Ranch Overlay District (RROD) Section 35.7.15 of the Denton Development Code (DDC) to provide standards for design, architecture, landscaping and signage for 4.1 acres located at the northeast corner of Scripture Street and I-35 Frontage Road and within a Regional Center Commercial Downtown (RCC-D) zoning and use district; providing for severability; providing for a penalty in the maximum amount of $2,000 for violations thereof, and providing an effective date. (Z11-0017) The Planning and Zoning Commission recommends approval (6-1). Mark Cunningham, Director of Planning and Development, presented the details of the proposal. He stated that the request was for an amendment to the existing ordinance overlay district. The proposed amendments were to create standards for design, architecture, landscaping and signage. The proposal included a 46,000 square foot 2-story office building and would amend Ordinance 2010-158 pertaining to the Town Center. He presented comparisons of Ordinance 2009-169 for the Marketplace, Ordinance 2010-158 pertaining to the Town Center and the proposed medical office. The applicant would carry forward the 20% minimum average tree canopy as was noted in Ordinance 2010-158. No responses were received from the public notifications. The Planning and Zoning Commission and the Development Review Committee recommend approval. Mayor Burroughs stated that there were currently no trees on the site. Cunningham replied correct. Mayor Burroughs asked if the medical office would have any impact on the 380 Agreement with Rayzor Ranch for the commercial percentages, and if it went into tax exempt ownership, would there be an impact on the 380 Agreement. Cunningham stated that the 380 Agreement did not have allocations for specific uses and he was not familiar if a tax exempt status would impact the agreement. City of Denton City Council Minutes November 1, 2011 Page 10 City Manager Campbell stated that specific uses were not allocated and a tax exempt status would not change the 380 agreement. Council Member Watts asked about the tree canopy percentages. Cunningham stated that the percentage would depend on how the site was done. Council Member Watts asked if the architectural standards were the same. Cunningham replied correct. Council Member Engelbrecht stated that one attachment to the ordinance involved standards and building design and materials. Number 5 on that list dealt with vertical and horizontal facade articulation to give expression to the building or other distinctive changes. He questioned who would make that decision Erica Marohnic, Planner, stated that it would be reviewed at the building permit stage. If the design were not consistent with the ordinance staff would work with the applicant to redo it. Council Member Watts stated that the 2010 ordinance had the standards as a place holder with no specific regulations at that time. They were there for later definition or development. The current proposal was now trying to define those things. The applicant would abide by close proximity to the specific standards in the 2010 ordinance for the Town Center and this proposal would eliminate that place holder for this development. Cunningham stated correct for this specific portion of the development. Council Member Watts asked if there were other areas where the regulations were still undefined. Cunningham stated that there were other areas with no specific design standards. The Mayor opened the public hearing. No one spoke during the public hearing. Council Member Engelbrecht stated that Appendix 4 showed picture examples of architect imagery with benches, canopies and places to gather but he hadn’t seen those yet. Gary DeVleer, Razor Ranch representative, stated that gathering places were more for retail and restaurants but not so much for the medical areas. The Mayor closed the public hearing. Council Member Watts stated that as presented and in the ordinance, the development would contain the same or substantially similar architectural guidelines as the Town Center and the City of Denton City Council Minutes November 1, 2011 Page 11 landscape requirements as presented on the chart with the one amendment for 20% overall to tree canopy. Cunningham replied correct. Council Member Watts motioned, Council Member Roden seconded to adopt the ordinance with the amendment for the minimum area tree canopy to 20%, the other stipulations as presented by staff and the comments made by the applicant. On roll call vote, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye” and Mayor Burroughs “aye”. Motion carried unanimously. 5. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Bob Clifton regarding post Halloween Depression: Removing the Mask of Competency in City Government. Mr. Clifton was not present at the meeting. 6. 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 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 Watts stated that he attended the event sponsored by the Denton Neighborhood Program for homeowner associations and found it very informative. Council Member Gregory requested a joint meeting before May with the Planning and Zoning Commission for the purpose of a general discussion on issues. City of Denton City Council Minutes November 1, 2011 Page 12 Mayor Burroughs suggested that one of the primary topics be the rewrite of the Denton Plan. Council Member Gregory stated that another issue would be the ratios of single-family to multi- family housing. Council Member Watts stated that he would like to have a new member appointed to the Property Maintenance Committee as he would like to retire from that Committee. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Session. 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 the Closed Session items. With no further business, the meeting was adjourned at 7:28 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS