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June 19, 2012 Minutes CITY OF DENTON CITY COUNCIL MINUTES June 19, 2012 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 19, 2012 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden ABSENT: Council Member Watts 1. Citizen Comments on Consent Agenda Items There were no comment cards submitted by citizens. 2. Requests for clarification of agenda items listed on the agenda for June 19, 2012. Council Member Gregory questioned why there was no Public Utilities Board recommendation for Consent Agenda Item B. Tony Puente, Assistant Director of Finance, stated that typically items in the warehouse did not go through the process of the Public Utilities Board. Mayor Burroughs questions how the amounts for the insurance provision on the agreement were determined. Richard Casner, Deputy City Attorney, stated that the amounts and types went through the Risk Department and were standard when third parties occupied city property. 3. Receive a report, hold a discussion and give staff direction regarding project recommendations from the Citizens Bond Advisory Committee and the Public Art Committee for the November 2012 Bond Election. Tim Crouch, Co-Chair of the Citizens Bond Advisory Committee, stated that the Committee worked well together and accomplished much. He presented information on the Overview and Purpose of the Committee. He stated that to address deteriorating street conditions, a bond program was proposed by the Citizens Bond Advisory Committee (CBAC). The Committee met numerous times to discuss the condition of existing streets and potential recommendation. They also conducted a tour of city streets. The focus was to improve the worst streets in the community and on streets with an OCI rating of 40 or less. Preliminary recommendations were presented to the Planning and Zoning th Commission on June 6. The CBAC also initiated a public information campaign in May to solicit feedback from the community. A number of recommendations were received from the community and each recommendation was discussed specifically by the Committee to determine whether it should be recommended. Due to citizen feedback, Scripture Street from Ector to Malone was added to the list of proposed projects. Public Art Policy – Crouch reviewed the Public Art Policy which the Council put in place in 2006. The Committee was asked to provide a recommendation on whether the public art policy th should be implemented. On May 7, the CBAC voted to recommend that the Public Art Policy City of Denton City Council Minutes June 19, 2012 Page 2 th be applied to the upcoming bond program. On May 15, the Council recommended that 2% ($400,000) be included for public art in the upcoming bond program. The Council also asked the Public Art Committee to develop project recommendations. Marty Rivers, Co-Chair-Citizens Bond Advisory Committee, presented information concerning the 2012 bond election. The Committee was recommending a $20.4 million bond program for the November 2012 election which would primarily be used for street infrastructure. Approximately $4 million was expected to be sold each year over a five year period. $20 million was intended to be used only for reconstruction of existing street. $400,000 would be set aside for public art. The bond program assumed no tax rate increase. Approximately 990 street segments were identified to have an OCI rating of 40 or less. Approximately $96 million was needed to reconstruct streets with that OCI rating of 40 or less. The Committee identified preliminary recommendations for street segments. Public Art Projects - Margaret Chalfant, Public Art Committee (PAC), presented information on the types of art that were being considered. The PAC developed recommendations on the upcoming bond program. It recommended that public art be incorporated into the I-35 corridor project with the intent to incorporate artistic designs into concrete retaining wall panels on overpasses. Other elements might also be incorporated based on the final design of the I-35 roadway. The exact design elements would be determined by the Public Art Committee in the future. th Crouch presented the bond program calendar from July through November 6 which included a public education campaign, city council public hearing and the election date. Mayor Burroughs asked if the costs included in the streets had anything to do with lighting, etc. Rivers stated that there might be some money for curbs but basically it was strictly for streets. Council Member Roden requested further clarification on the funding of the I-35 enhancements and what the proposal was to fund those enhancements prior to the suggested use of bond fund money. Mayor Burroughs suggested looking into partnership opportunities to perhaps get more intersections with the amount of money that was available. 4.Receive a report, hold a discussion, and give staff direction regarding amending the Denton Development Code by adding Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail) as land uses in Subchapter 35.5, by removing Distribution Center and Warehouse Storage and Distribution as land uses in Subchapter 35.5, by removing language regarding minimum residential lot size and adding language regarding maximum persons occupying a dwelling in Subchapter 35.12, by amending the parking requirements for fraternity or sorority houses, and dormitories in Subchapter 35.14, by adding definitions for Conference/Convention Center, Distribution Center/Warehouse (General), Warehouse (Retail), Fraternity, and Sorority in Subchapter 35.23, and by revising the existing definitions of Family, Dormitory, Accessory Dwelling, Duplex, Manufactured Home, Mobile Home, Multi-Family Dwelling, Single-Family Detached City of Denton City Council Minutes June 19, 2012 Page 3 Dwelling, Single-Family Attached Dwelling, Dwelling/Dwelling Unit, Efficiency Dwelling Unit, and Fraternity or Sorority House in Subchapter 35.23. The Planning and Zoning Commission recommends approval (6-0). Ron Menguita, Development Review Liaison, presented the updates for the Code. Fraternity or sorority house and dormitory - although currently defined by the Denton Development Code (DDC), they were not listed in the land use section of the Code. Staff was asked by developers for locations for these type of uses but there was nowhere in the Code to direct them. Mayor Burroughs stated that these were listed elsewhere in the Code but not in Subchapter 35.5. He questioned the function of Subchapter 35.5. Menguita stated that Subchapter 35.5 defined the zoning districts where these uses were permitted. Mayor Burroughs asked how those uses were being handled if they were not currently in Subchapter 35.5. Menguita stated that they were grandfathered for the use. Mayor Burroughs asked if the motivation for these changes was that instead of being legal non- conforming uses, they would become confirming uses. Menguita stated correct for the future. These would be zoning districts for future uses. Mayor Burroughs asked where the recommendation originated. Menguita stated comments came from various sources such as Council, the Planning and Zoning Commission and represented a complied lists of uses identified so far. It was a compilation from various sources such as developers and the general public on where these uses would be identified. Mayor Burroughs asked when would be the time to ask about other unusual types of activities that were not on the list. Menguita stated that any time would be appropriate and staff would add it to the list they were still working on. Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail) – these were new uses that would be defined by the DDC and placed in the land use section of the Code. The proposal was to amend the DDC by adding the following land uses to Subchapter 35.5: Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail). The proposal would revise the existing definitions of fraternity and sorority house and dormitory. It would add definitions for City of Denton City Council Minutes June 19, 2012 Page 4 Conference/Convention Center. Distribution Center/Warehouse (General) and Warehouse (Retail). The definition for fraternity or sorority house and dormitory were reviewed as well as the zoning categories where they would be appropriate. Mayor Burroughs asked about the zoning for an on-campus dormitory. Menguita stated that the City would not zone one on-campus. Council Member Gregory felt that with private dorms the new paradigm was have individual rooms that were individually rented bedrooms each with a separate contract. He questioned if the definition would work for apartments that really were student housing. Menguita stated that the definition of multi-family might work for that situation. Council Member Roden asked if there were any dormitories that were not run by a university in Denton. Menguita stated not to his knowledge. Council Member Roden questioned if a dormitory was not within the physical boundaries of the university but was owned by the university would it be subject to zoning regulations. Menguita stated it would not be subject to the regulations. Council Member Engelbrecht questioned why there was no mention of university in the definition of fraternity or sorority house. He felt it should have something affiliated with a national organization. Menguita stated that this was a definition of the actual use. Council Member Engelbrecht asked what happened if a university rented all or part of an apartment complex. Cunningham stated that it would have to follow the regulations. The use would still be a multi- family development even though the university might call it a dormitory. The City did not have any jurisdiction over university property. Menguita continued that one of the Planning and Zoning Commissioners wanted to clarify the number of parking spaces for a fraternity, sorority, boarding house and dormitory. He indicated that for a fraternity, sorority boarding house and dormitory there would be one parking space for each bedroom. Conference/Convention Center – the definition was reviewed to be a facility designed to be used for conferences, conventions, seminars, sports and entertainment functions. Mayor Burroughs felt that the definition might be too broad unless staff picked which one would be the best fit. City of Denton City Council Minutes June 19, 2012 Page 5 Council Member Gregory suggested adding wording that would indicate a number of people in attendance. Menguita stated that the “and” could be changed to “or” or else a reference to a minimum number of people in attendance could be added to the definition to further clarify it. He then reviewed the zoning district categories for conference/convention centers. Distribution Center/Warehouse (General) and Warehouse (Retail) - the definitions were presented for these facilities and the zoning categories. Warehouse (General) was a large facility that would house a large amount of products. The Warehouse (Retail) would be for a smaller facility that might devote up to 30% of the gross floor area for display and retail sale of merchandise. The zoning categories for these uses were reviewed. Council discussed warehouses that might add retail and what type of zoning would be available for those facilities. Menguita stated that a specific use permit might be considered to address those situations. Another situation would be manufacturing with retail. Section 35.23.2 dealt with definitions. That section included accessory dwelling, duplex, family, fraternity, manufactured home, mobile home, multi-family dwelling, single-family detached dwelling, dwelling/dwelling unit, efficiency dwelling unit and sorority. The Code needed a definition for family which was proposed to be any number of persons related by blood, adoption or marriage. The definition of maximum persons occupying a dwelling was discussed. Council discussed the definition of family and the varying situations that might constitute a family. They suggested staff consider some of the non-conventional situations for family when completing the definition. Menguita stated that there were other amended definitions for accessory dwellings, duplex dwelling, fraternity, HUD-code manufactured home; mobile home, multi-family and single- family detached, single-family attached. Council suggested striking “male” members from the definition of fraternity as some service fraternities had both male and female members. Mayor Burroughs asked if this proposal was creating any non-conforming uses that did not currently exist. Menguita replied it did not. The recommendation options were to direct staff to continue with the proposed code amendment as submitted or recommend changes to the proposed code amendment. Council Member Roden asked if use for boarding houses was already defined. Menguita stated yes but not in Subchapter 35. There was no zoning category for that. Council Member Roden asked what was solved for that. City of Denton City Council Minutes June 19, 2012 Page 6 Cunningham stated that boarding houses would come at a later date as staff wanted to get these done first. Boarding houses was still in the works and would be brought back later. Consensus of the Council was to bring the proposal back with comments and incorporate the changes as noted. Following the completion of the Work Session, the Council convened in a Closed Session to consider the following: 1. Closed Meeting: A.Consultation with Attorneys - Under Texas Government Code, Sec. 551.071. Deliberations Regarding Real Property - Under Texas Government Code, Sec. 551.072. 1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P. Railroad Survey, Abstract No. 927, Denton County, Texas, and located generally along the west side of Mayhill Road, within the 200 block and the 600 to 800 block range of North Mayhill Road, within the City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described 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 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 administrative proceeding or potential litigation. 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 1. Parks and Recreation Month Mayor Burroughs presented the proclamation for Parks and Recreation Month. 3. CONSENT AGENDA Mayor Burroughs noted that Consent Agenda Item H would be pulled for separate consideration. City of Denton City Council Minutes June 19, 2012 Page 7 Council Member King motioned, Council Member Engelbrecht seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item H. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Resolution No. R2012-018 A. Consider approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. Ordinance No. 2012-137 B. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Neptune Water Meters from HD Supply Waterworks, LTD, Inc., which are available from only one source and in accordance with the pertinent provisions of Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4857-Purchase of Neptune Water Meters for the City of Denton in the five year estimated amount of $125,000). Ordinance No. 2012-138 C. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of BIOXIDE Products from Siemens Industry, Inc., which are available from only one source and in accordance with the pertinent provisions of Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4962- Purchase of BIOXIDE for Wastewater Department in the annual estimated amount of $95,000 with a not to exceed amount of $475,000 over a five year period). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-139 D. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 2.613 acre tract; (ii) a slope easement, encumbering a 0.270 acre tract; and (iii) a temporary construction grading and access easement, encumbering a 0.161 acre tract, all tracts situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally at the northwest corner of Mayhill Road and Russell Newman Boulevard (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Martino Realty Limited Partnership, a Texas limited partnership, to purchase the Property Interests for the purchase price of Two Hundred Ninety Seven Thousand One Hundred Forty Dollars and No Cents ($297,140.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. City of Denton City Council Minutes June 19, 2012 Page 8 Ordinance No. 2012-140 E. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.851 acre tract; and (ii) a slope easement, encumbering a 0.362 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally at the southwest corner of Mayhill Road and Russell Newman Boulevard (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Martino Realty Limited Partnership, a Texas limited partnership, to purchase the Property Interests for the purchase price of One Hundred Five Thousand Three Hundred Twenty Three Dollars and No Cents ($105,323.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2012-141 F. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.360 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 200 block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Vonnie George to purchase the Property Interests for the purchase price of Thirty Eight Thousand One Hundred Thirty Five Dollars and No Cents ($38,135.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2012-142 Consider adoption of an ordinance authorizing the City Manager or his designee G. to execute on behalf of the City of Denton, Texas a Memorandum of Agreement ("MOA") contemplating a real estate conveyance from the City of Denton to the State of Texas, of a 2,174 square foot tract of real property, being a portion of the tract conveyed by deed to the City of Denton, recorded in Volume 2978, Page 909, Real Property Records, Denton County, Texas, and being a portion of Lot A, Block 1 of the R.N.W. Addition, an addition to Denton County, Texas, recorded in Cabinet H, Page 338, Plat Records, Denton County, Texas and generally located at 3228 Teasley Lane, Denton, Texas (the "Land"); authorizing execution of a deed without warranty (herein so called) conditionally effectuating such real estate conveyance; and providing an effective date. Approved the minutes listed below. I. Consider approval of the minutes of: May 15, 2012 May 22, 2012 June 4, 2012 City of Denton City Council Minutes June 19, 2012 Page 9 Item H was considered. Ordinance No. 2012-143 H. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a temporary license agreement (the "Agreement"), by and between the City of Denton, Texas and Atmos Energy Corporation, a Texas Corporation ("Atmos"), granting a license to Atmos to temporarily access certain City owned lands located in the Gideon Walker Survey, Abstract Number 1330, located generally 2000 feet south of the 6000 block of East McKinney Street, City of Denton, Denton County, Texas, in connection with Atmos' Lake Dallas Natural Gas Storage Facility; and providing an effective date. City Manager Campbell stated that some of the backup information was not accessible on the Council’s iPads and staff would now present that information. Paul Williamson, Real Estate and Capital Support Manager, displayed the location map for the proposal under consideration. Council Member Gregory stated that this item was before Council in January and asked where the other site was located. Williamson stated that it was not on the map shown. Council Member Gregory motioned, Council Member King seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board. Linda Ratliff, Director of Economic Development, stated that the Council annually appointed a nominating committee to elect the members of the Economic Development Partnership Board. Five members of the board had terms that would expire this year. Four were eligible for reappointment. Staff was asking Council to appoint a nominating committee consisting of two council members and one member from the Chamber Board. Mayor Burroughs noted that the past members of the nominating committee were Mayor Pro Tem Kamp, Council Member King and Hank Dickenson who represented the Chamber. He questioned if they were able to be on the nominating committee again. Ratliff stated that they were eligible to serve again on the nominating committee. Council Member Engelbrecht motioned, Council Member Roden seconded to appoint Mayor Pro Tem Kamp, Council Member King and Chamber Representative Hank Dickenson to the City of Denton City Council Minutes June 19, 2012 Page 10 nomination committee. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 5.PUBLIC HEARINGS Ordinance No. 2012-144 A. Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface use of a portion of Nette Schultz Park and Avondale Park for the purpose of a sewer line easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a sewer easement; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). Jim Mays, Park Superintendent, presented the details of the proposal. Water Utilities needed to relocate a sewer line easement through Avondale and Nettie Schultz Parks. State law required a public hearing to facilitate Chapter 26 of the Texas Parks and Wildlife Code. A small number of trees would be removed for the project but would be replaced. Mayor Burroughs questioned what would happen with the existing line. Rebecca Guthrie, Engineering, stated that the existing line would be abandoned in place with some manholes also replaced. The Mayor opened the public hearing. Charlotte Sanborn indicated that she was pleased that no homes would be affected by the project. The Mayor closed the public hearing Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 6. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Bob Clifton regarding a Convention Center/Hotel on UNT property. Bob Clifton, 300 Northridge, Denton, spoke on the history of the Hammons plan for a convention center and the O'Reilly Hospitality Management plans for a convention center. He stated that there were numerous hotel rooms available each night in Denton and more were not needed. He stated that the Council was not truthful regarding the proposal. City of Denton City Council Minutes June 19, 2012 Page 11 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 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 Burroughs announced that Mayor Pro Tem Kamp had been elected chair of the Regional Transportation Authority. Mayor Pro Tem Kamp presented Council with pins from RTC for regional excellence. 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 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 6:57 p.m. ____________________________________ MARK A BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS