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October 21, 2008 Minutes CITY OF DENTON CITY COUNCIL MINUTES October 21, 2008 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 21, 2008 at 4:00 p.m. in the Council Work Session Room. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Moreno, Mulroy, Thomson, and Watts. ABSENT: Council Member Heggins 1.Staff responded to requests for clarification of agenda items listed on the agenda for October 21, 2008. Council Member Moreno asked about the airport participation agreement in Consent Agenda 3M with respect to the reimbursement by the State. Mark Nelson, Director of Transportation, stated that this specific grant capped the City's amount at $71,000. If the project went over that amount, a grant amendment would need to be done. Mayor Burroughs asked about Consent Agenda Item 3O and the estimate of the budget for the renovation project. Jon Fortune, Assistant City Manager, stated that staff had previously briefed Council on the project which had a $2.2 million cost for the total project. Council Member Watts requested periodic reports on the progress of the renovation similar to what was provided when the Police Department was renovated. Fortune replied that staff would provide those reports. Mayor Burroughs asked about Consent Agenda Item 3R and the fact that there were only two bidders for this drainage project and was that the norm. Tom Shaw, Purchasing Agent, stated that this project required odd-sized pre-manufactured box culverts. Due to the odd-size, it was not unusual for this number of bidders plus there were really only two manufacturers of this odd size culvert. City Manager Campbell stated that staff was recommending that Council open the public hearing on 4B and continue it until the November 4th council meeting. No staff presentation would be done unless Council requested one. City Manager Campbell discussed the tabled items. Staff was recommending that the first three items remain on the table until the November 4th meeting. Staff was also recommending taking Item D off the table and retable it indefinitely. That would allow staff to take the item off the agenda. 2. The Council received a report, held a discussion and gave staff direction regarding a delinquent tax attorney contract. Mayor Burroughs left the meeting with a conflict of interest. City of Denton City Council Minutes October 21, 2008 Page 2 Bryan Langley, Director of Finance, presented an overview of the proposal process and staff recommendation. The overview and purpose of the presentation was to review the terms and conditions of the current contract, discuss key aspects of the request for proposal, and review the proposals received and the evaluation criteria. The current contract was awarded to Sawko and Burroughs on July 1, 2005 with the original terms of the contract expiring on June 30, 2008. Two additional one-year term extensions were allowed by the contract. All fess for the delinquent tax collection services were paid directly by the delinquent taxpayers. The eligibility for the contract with Sawko and Burroughs was reviewed by the City Attorney and outside counsel. Both opinions concluded that no legal conflict of interest existed. The original contract was extended on a month-to-month basis while the Request for Proposal process was conducted. RFP Key Aspects – the notice of RFP was first advertised on August 19, 2008 and proposals were due on September 12, 2008. The proposal requested collection performance history of clients similar to the City of Denton, references from Texas clients, evidence supporting the qualifications of the law firm and detail of delinquent tax collection services provided. Four firms responded with proposals. They were McCreary, Veselka, Bragg and Allen in association with Hayes, Berry, White and Vanzant; Perdue, Brandon, Fielder, Collins and Mott; Sawko and Burroughs; and Linebarger, Goggan, Blair and Sampson. Evaluation Criteria – the criteria for evaluation included historical performance levels and demonstrated capability to perform delinquent tax collections in the City of Denton, Denton County or a similar jurisdiction, 50%; qualifications and credentials, 30%; delinquent procedures for accounts, technological capabilities, available legal services, oral presentation of proposal and overall response to the request, 20%. Evaluation Panel – the evaluation panel consisted of Jon Fortune, Fred Greene and Bryan Langley. Each written proposal was reviewed in detail and oral interviews were conducted with each firm. The evaluation provided an independent review of all the proposals with intent to receive the most efficient tax collection service. The results were reviewed with the City Manager. The staff’s recommendation was to award the contract to Sawko and Burroughs. The McCreary firm was the second highest ranking of the four firms. There were minimal differences between the two firms both in performance and service offerings. If the Council did not award the contract to Sawko and Burroughs, staff was recommending awarding the contract to the McCreary firm to maintain a firm familiar with the other entities collecting taxes in the area. The contract was scheduled to be awarded on November 4th with an effective date of December 1st. Council Member Thomson asked where the firms went to receive the information on the delinquent accounts. Langley stated that the firms would go to Denton County for the accounts as it collected all of the City's taxes. City of Denton City Council Minutes October 21, 2008 Page 3 Council Member Thomson stated that the taxes collected went to the County and the County reimbursed the City. Langley replied correct. Council Member Watts stated that the award of this contract was a struggle for him to think through for a personal decision. He struggled with the perception of awarding the contract to a firm with the Mayor as a partner. He asked that the contract award not be on the Consent Agenda to allow for a separate vote. Langley stated that the recommendation from the panel was a unanimous decision. Council Member Mulroy asked if there might be other resources that would want to participate in the process. Langley felt that there would be no other firms that would provide proposals. Council Member Mulroy stated that the current firm had provided competent and more than satisfactory performance. However, there were different circumstances with this contract than with the prior contract. He felt it was difficult to be affirmative with the first recommendation of the panel due to public perception of the contract. Council Member Thomson stated that this issue was one of the main issues in the mayoral campaign. The public had voted for the present mayor knowing that this was one of the issues. The issue had been cleared by both the City Attorney and by outside counsel. He had no problem voting for the proposal. Council Member Moreno asked if it were preferable or recommended to change firms from time to time. Langley stated that the performance of the current firm was the best of the four firms evaluated. Council Member Moreno stated that he had also wrestled with the issue. He questioned the City Attorney about a legal basis for a conflict of interest or a perceived conflict of interest. City Attorney Burgess stated that there were three areas to use to analyze this issue, the City Charter, state law and ethics. The Charter and ethics both direct the issue back to state law. An analysis had been done on the issue with both inside and outside counsel and concluded that there was no legal conflict of interest. She concurred with the opinion that there was no legal conflict. There had been no influence by the Mayor on the staff in regards to a decision. Mayor Pro Tem Kamp stated that she understood the struggle and the perception in awarding this contract. The issue had been vetted in public and was overwhelming decided by voters. There was no legal reason to not award the contract to Sawko and Burroughs. The panel did great job and she had full confidence in the decision of the panel and the City Manager. Council Member Watts stated that if the panel recommended Sawko and Burroughs, the item should be placed on the next agenda under “Individual Items” and put to a vote. He noted that City of Denton City Council Minutes October 21, 2008 Page 4 there were other items associated with the May election and that this item was a minimal part of that election. Council Member Mulroy suggested that a future project would be to look at the current policy and develop alternate solutions so that if a similar situation would arise, there would be a mechanism to provide relief for senior management to make such a decision. Similar circumstances may occur where the Mayor or council members might be businessmen in the city and a conflict of interest perception would arise. City Manager Campbell recommended that Council select one of the two top firms. The Mayor returned to the meeting. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 4:45 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A. Deliberations regarding real property – Under Texas Government Code Section 551.072. 1. Discussed, deliberated, and received information from Staff, and provided Staff with direction regarding possible acquisition of fee title to a 0.257 acre tract of land situated in the Gideon Walker Survey, Abstract Number 1330, City of Denton, Denton County, Texas, said tract to be acquired for municipal purposes, including streets, public utilities, and related appurtenances. 2. Discussed, deliberated, and received information from Staff, and provided Staff with direction, pertaining to the location of, the purchase price of, and valuation issues concerning the possible acquisition of real property, being five easements from the owner South Stemmons Property Group, Inc., which easement tracts are approximately 0.526, 0253, 0.089, .128 and 0.128 acres each in the Robert Beaumont Survey, Abstract No. 31, City of Denton, Denton County, by the City of Denton, Texas/City of Denton Municipal Utilities Department for a public purpose. B. Deliberations regarding real property – Under Texas Government Code Section 551.072 and Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Discussed, deliberated, and received information from Staff and provided Staff with direction pertaining to the acquisition or the condemnation of several permanent utility easements and temporary construction easements along the U.S. Highway 380 corridor from Elm to Bonnie Brae Street, on West University Drive, in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated City of Denton City Council Minutes October 21, 2008 Page 5 with the acquisition or condemnation of the easement tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utilities Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. C. Deliberations regarding certain public power utilities: Competitive Matters – Under Texas Government Code Section551.086. 1. Received a draft report and discussed the DME Management Study of Utility performed by Navigant Consulting; and discussed, deliberated, considered, and provided staff with direction regarding such matters. D. Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Received legal advice and information from the City’s attorneys pertaining to the lawsuits that are currently pending involving the Texas Municipal Power Agency (“TMPA”) and its member cities, in Cause No. th 28169 pending in the 506 Judicial District Court in and for Grimes th County, Texas; Cause No. D-1-GN-08-003426, pending in the 126 Judicial District Court in and for Travis County, Texas; and Cause No. D- st 1-GN-08-003693, pending in the 261 Judicial District Court in and for Travis County, Texas; discussed, deliberated, and provided the City’s attorneys with direction and any recommendations regarding such legal matters. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Received, considered and held a discussion related to a briefing from City’s Attorneys, relating to claims, potential claims, and settlement thereof for matters pertaining to JNC Partners Denton, LLC v. City of Denton, including legal advice related to future annexation, zoning, subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, water rights, permitting and other legal issues related to the future development of land, as proposed by JNC Partners Denton, LLC. Regular Meeting of the City of Denton City Council on Tuesday, October 21, 2008 at 6:35 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. Present the October Yard of the Month Awards City of Denton City Council Minutes October 21, 2008 Page 6 Mayor Burroughs acknowledged the October Yard of the Month awards. 3. CONSENT AGENDA Mayor Burroughs reviewed the items to be considered on the Consent Agenda. A Speaker Card was received from Bob Clifton regarding Item 3AA. He questioned the expenditure of funds. A Speaker Card was received from Ken Reaves regarding Item 3B. He owned property at 1005 University Drive and did not know about this item on the agenda. He was concerned how it would affect his property. A Comment Card was received from Robert Donnelly regarding Item 3AA. He questioned expenditure of the funds and the amount of those funds. Kamp motioned, Thomson seconded to approve the Consent Agenda as presented with the accompanying ordinances and resolutions. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A. 2008-236 - 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. ($25,000) The Hotel Occupancy Tax Committee recommended approval (2-0). B. 2008-237 - 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. ($11,000) The Hotel Occupancy Tax Committee recommended approval (2-0). C. 2008-238 - 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. ($18,000) The Hotel Occupancy Tax Committee recommended approval (2-0). D. 2008-239 - 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. ($706,510) The Hotel Occupancy Tax Committee recommended approval (2-0). E. 2008-240 - 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. ($25,000) The Hotel Occupancy Tax Committee recommended approval (2-0). City of Denton City Council Minutes October 21, 2008 Page 7 F. 2008-241 - 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. ($106,550) The Hotel Occupancy Tax Committee recommended approval (2-0). G. 2008-242 - 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. ($90,000) The Hotel Occupancy Tax Committee recommended approval (2-0). H. 2008-243 - 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 provide an effective date. ($8,300) The Hotel Occupancy Tax Committee recommended approval (2-0). I. 2008-244 - 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 to promote tourism and the convention and hotel industry; and providing an effective date. ($128,000) The Hotel Occupancy Tax Committee recommended approval (2-0). J. 2008-245 - 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. ($15,850) The Hotel Occupancy Tax Committee recommended approval (2-0). K. 2008-246 - 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. ($80,000) The Hotel Occupancy Tax Committee recommended approval (2-0). L. 2008-247 - 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. ($55,000) The Hotel Occupancy Tax Committee recommended approval (2-0). M. 2008-248 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport related to the proposed runway extension project; authorizing and directing the City Manager or his designee to expend funds as provided for in said agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. The Airport Advisory Board recommended approval (6-0). City of Denton City Council Minutes October 21, 2008 Page 8 N. 2008-249 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of octagonal manholes for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4166–Annual Contract for the Purchase of Precast Concrete Octagonal Manholes awarded to the lowest responsible bidder meeting specification, Wesco Distribution, in the annual estimated amount of $109,096). The Public Utilities Board recommended approval (5-0). O. 2008-250 - An ordinance of the City Council authorizing the City Manager or his designee to execute an agreement for design/build services for the renovation of an existing building and construction of a new 6,000 square foot building for the City of Denton Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4061–Design/Build New Facilities Management Building, in an amount not to exceed $1,462,371 awarded to Tim Beaty Builders, Inc.). P. 2008-251 - An ordinance authorizing the City Manager to execute a Professional Services Agreement with Solutient Geosciences, Inc. for performing professional hydrogeological consulting and analytical services regarding the City of Denton, Texas Municipal Landfill (MSW Permit No. 1590-A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date (File 4182 in an amount not to exceed $110,000). The Public Utilities Board recommended approval (5-0). Q. 2008-252 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the 138kV transmission lines for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4152–138kV Transmission Line Construction 2009 for Denton Municipal Electric awarded to the lowest responsible bidder meeting specification, Chain Electric Company, in the amount of $3,629,189.25). The Public Utilities Board recommended approval (5-0). R. 2008-253 - An ordinance accepting competitive bids and awarding a contract for the purchase of precast concrete box culverts for the Duncan Street drainage project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4159–Duncan Street Precast Concrete Box Culverts awarded to the lowest responsible bidder meeting specification, Rinker Materials, Ltd., in an amount not to exceed $100,208.88). The Public Utilities Board recommended approval (5-0). S. 2008-254 - An ordinance approving an assignment of leasehold interest in a commercial operator airport lease agreement at Denton Municipal Airport from Charles N. Davis, III, to Nebrig Properties, L.P. located at 4650 John Carrell Road at the Denton Municipal Airport and providing lessee to conduct flight training and fueling operations on the leasehold; and providing an effective date. The Airport Advisory Board recommended approval (6-0). City of Denton City Council Minutes October 21, 2008 Page 9 T. 2008-255 - An ordinance of the City of Denton, Texas approving and authorizing the Denton Air Fair, Inc. to hold an air show at the Denton Municipal Airport on June 20, 2009 and at fund-raising events conducted in conjunction with and prior to the air show on such dates as are recommended by the Airport Advisory Board and approved by the City Manager or his designee, authorizing the concession to Metzler’s Food and Beverage, Inc to sell alcoholic beverages at designated locations during the 2009 Air Fair events, upon certain conditions; and providing an effective date. The Airport Advisory Board recommended approval (6-0). U. 2008-256 - An ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a real estate contract between the City of Denton, Texas and Keira Franklin, as the sole heir-at-law of Randy C. Snider, deceased, together with any other documents and conveyances that are necessary to acquire an approximate 0.257 acre tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas; and being that same parcel of land conveyed to Randy C. Snider, by deed recorded under County Clerk’s File Number 96-R0016095, Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommended approval (5-0). V. 2008-257 - An ordinance finding that a necessity exists to acquire easements and temporary construction easements and authorizing the acquisition through agreement or eminent domain of approximate twenty-five foot wide utility easements and approximate twenty-five foot wide temporary construction easements on various hereinafter described parcels of real property for the relocation and installation of municipal utilities relating to the “U.S. Highway 380 Utility Relocation, Bonnie Brae to Elm Street Project”; providing a severability clause; providing an effective date. The Public Utilities Board recommended approval (5-0). W. 2008-258 - An ordinance authorizing the City Manager or his designee to execute a Easement Purchase Agreement between the City of Denton and South Stemmons Property Group, Ltd., together with any other documents necessary to acquire easements of approximate 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert Beaumont Survey, Abstract Number 31, City of Denton, Denton County, Texas, said tracts being part of a parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by deed recorded under County Clerk’s File Number 2002-R0145810, Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (5-0). X. 2008-259 - An ordinance of the City of Denton, Texas approving Bid No. 4115 for the sale of approximately .6887 acres of land situated in the R. Beaumont Survey, Abstract Number 31, Tract 115, which real property was conveyed to the City of Denton on December 19, 1944 by deed recorded in Volume 311, Page 115, Deed Records, Denton County, Texas; providing the City Manager with authority to execute a deed to Eagle Farms, Inc., the successful bidder, together City of Denton City Council Minutes October 21, 2008 Page 10 with any other documents necessary to sell and convey said real property; and providing an effective date. The Public Utilities Board recommended approval (5-0). Y. 2008-260 - An ordinance of the City of Denton, Texas amending the One and Two Family Building Permit Fee of the Schedule of Permit Fees issued by the Building Inspector; superseding prior One and Two Family Building Permit Fee Schedules to the extent of conflict, and providing for an effective date. Z. R2008-036 - A resolution of the City of Denton, Texas (“City”) denying the rate increase proposed by Oncor Electric Delivery Company, LLC (“Oncor”); finding that the meeting complied with the Open Meetings Act; and declaring an effective date. AA. 2008-261 - An ordinance of the City of Denton, Texas approving a compromise settlement agreement between plaintiffs JNC Partners Denton, LLC, White Cake Denton, L.P., John Lau, and Campbell Road Holding Company and the City of Denton; authorizing the City Manager and the City’s attorneys to act on the City’s behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding the initial zoning of approximately 484.84 acres of land to the Hills of Denton North Master Planned Community (Hills of Denton North MPC) zoning district and the rezoning of approximately 17.14 acres of land from Neighborhood Residential 2 (NR-2) zoning district to the Hills of Denton North MPC zoning district. The subject site is located on the west side of Locust Street and south of Milam Road and is legally described as a tract of land situated in the J.A. Burns Survey, Abstract No. 130, the B.B.B. & C.C.C.R. Survey, Abstract No. 134, the E. Pritchett Survey, Abstract No. 1025, the W. Pea Survey, Abstract No. 1054, the F. McKettrick Survey, Abstract No. 846, the J. Stewart Survey, Abstract No. 1150, the J. Ayres Survey, Abstract No. 0002, the A. Fry Survey, Abstract No. 1639, the L.W. White Survey, Abstract No. 1408, and the S. Blish Survey, Abstract No. 40, Denton County, Texas, further being all of those certain called 165.46, 79.9951, 90.0542, 38.3235, 123.192, and 5.0318 acre tracts described to 2006 Milam East Partners, L.P. by Special Warranty Deeds recorded as Instrument No's. 2007- 61548, 2006-134981, 2006-134987, 2006-134991, 2006-134976, and 2006-134972, respectively, in the Official Records of Denton County; providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. The Planning and Zoning Commission recommended approval of the initial zoning and zoning change request (6-0). Mark Cunningham, Director of Planning and Development, stated that this was initial zoning for 484 acres and the rezoning of approximately 17 acres to Hills of Denton North Master Planned Community zoning district. He presented the site location map of the MPC, the future land uses and the existing conditions map. There were approximately 10 structures currently located on the site. The proposal was subject to the requirements of the Denton Development Code and would consist of two zoning districts – single-family and commercial. The site would be City of Denton City Council Minutes October 21, 2008 Page 11 developed in two phases. In total the proposal would consist of approximately 421 acres of single-family development and approximately 81 acres of commercial development. The proposed average detached single-family density was 4 units per acre with the development threshold for detached single-family units at 1,684 units. He reviewed the landscape and tree canopy requirements and the deviations from the Denton Development Code. Those deviations included standards for surface parking lots; permeable paving; parking structures; facade design; minimum square footage of detached single family; and front and street sides of commercial office or mixed use buildings. The proposal met the standards associated with approval of a master planned community. The Development Review Committee recommended approval as did the Planning and Zoning Commission. Council Member Watts questioned why no permeable paving was required for commercial parking. Cunningham replied that permeable paving was required for surface parking exceeded the number of parking spaces. Mayor Burroughs asked if the evaluation for office and retail was with a shell or as finished out. Cunningham stated that it was an annual development value. The Mayor opened public hearing. Larry Reichhart, speaking for the applicant, mentioned several points of clarification. He felt that the standards presented painted a picture of a quality development such as the landscape requirements and tree canopy. Four units per acre was a maximum number of units that were allowed for two-acre lots or larger. Mayor Burroughs asked about accommodating the impact of the development on the DISD. Reichhart stated that they had met with the DISD on a number of occasions and had identified a potential location for a school. The Mayor closed the public hearing. The following ordinance was considered: NO. 2008-262 AN ORDINANCE REGARDING THE INITIAL ZONING OF APPROXIMATELY 484.84 ACRES OF LAND TO THE HILLS OF DENTON NORTH MASTER PLANNED COMMUNITY (HILLS OF DENTON NORTH MPC) ZONING DISTRICT AND THE REZONING OF APPROXIMATELY 17.14 ACRES OF LAND FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO THE HILLS OF DENTON NORTH MPC ZONING DISTRICT. THE SUBJECT SITE IS LOCATED ON THE WEST SIDE OF LOCUST STREET AND SOUTH OF MILAM ROAD AND IS LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE J. A. BURNS SURVEY, ABSTRACT NO. 130, THE B.B.B. & C.C.C.R. SURVEY, ABSTRACT NO. 134, THE E. PRITCHETT SURVEY, ABSTRACT NO. 1025, THE City of Denton City Council Minutes October 21, 2008 Page 12 W. PEA SURVEY, ABSTRACT NO. 1054, THE F. MCKETTRICK SURVEY, ABSTRACT NO. 846, THE J. STEWART SURVEY, ABSTRACT NO. 1150, THE J. AYRES SURVEY, ABSTRACT NO. 0002, THE A. FRY SURVEY, ABSTRACT NO. 1639, THE L. W. WHITE SURVEY, ABSTRACT NO. 1408, AND THE S. BLISH SURVEY, ABSTRACT NO. 40, DENTON COUNTY, TEXAS, FURTHER BEING ALL OF THOSE CERTAIN CALLED 165.46, 79.9951, 90.0542, 38.3235, 123.192, AND 5.0318 ACRE TRACTS DESCRIBED TO 2006 MILAM EAST PARTNERS, L.P. BY SPECIAL WARRANTY DEEDS RECORDED AS INSTRUMENT NO'S. 2007- 61548, 2006-134981, 2006-134987, 2006-134991, 2006-134976, AND 2006-134972, RESPECTIVELY, IN THE OFFICIAL RECORDS OF DENTON COUNTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS, THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. B. The Council continued a public hearing for a zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 138 (PD-138) zoning districts to the Inspiration Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (MPC07-0001, Inspiration). The Planning and Zoning Commission recommended approval (7-0). Mayor Burroughs indicated that this was a continuation of the public hearing from the last meeting. He stated that the request was to do the same procedure to continue to gather needed information on the proposal. The public hearing would be opened and continued to the th November 4 meeting. The Mayor opened public hearing. th Thomson motioned, Kamp seconded to continue the public hearing to the November 4 meeting. There were no speakers at this meeting. th On roll vote to continue the public hearing to the November 4 meeting, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Tabled 1.– Consider adoption of an ordinance of the City of Denton, Texas, for a zoning change from a Agriculture (A), Industrial Center General (IC- G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 City of Denton City Council Minutes October 21, 2008 Page 13 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 138 (PD-138) zoning districts to the Inspiration Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (MPC07-0001, Inspiration). The Planning and Zoning Commission recommends approval (Tabled from September 16, 2008) (7-0). 5.ITEMS FOR INDIVIDUAL CONSIDERATION Tabled A.– Consider adoption of an ordinance regarding a development agreement related to the deferment of perimeter road improvements. The approximately 2.6-acre property is located at the southwest corner of West Collins Street and Locust Street. The subject site is Date tabled 8/19/08 located within a Downtown Commercial General (DC-G) zoning district. () This item remained on the table. Tabled B. – Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the south side of Emerson Lane from its intersection with Woodhaven Lane to its intersection with Brookfield Lane; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety (Date tabled 8/19/08) Commission recommends approval (9-0). This item remained on the table. Tabled C.– Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the north side of Parvin Street from its intersection with Mercedes Road to its intersection with McCormick Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission (Date tabled 8/19/08) recommends approval (4-3). This item remained on the table. Tabled D. – The Council considered 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 6 (NR-6) zoning district classification and use designation; the area for zoning change encompasses 0.375 acres of land located at the northwest corner of Ruth Street and Cross Timber Street, and is legally described City of Denton City Council Minutes October 21, 2008 Page 14 as Block 11, Lot 6 of the Alex Robertson Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and an effective date (Z08-0005). The Planning and Zoning Commission recommends denial (7-0). AC. SUPERMAJORITY VOTE BY OUNCIL IS REQUIRED FOR APPROVAL (Date tabled 10/07/08) Kamp motioned, Mulroy seconded to remove the item from the table and postpone indefinitely. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. E. The Council considered the appointment of a voting and alternate voting delegate to the National League of Cities Annual Business Meeting. Mulroy motioned, Thomson seconded to appoint Mayor Burroughs voting delegate and Council Member Watts alternate delegate. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. F. Citizen Reports 1.Council reviewed the procedures for addressing the City Council. 2.Council received citizen reports from the following: A.Bob Clifton regarding DME credit card purchases. Mr. Clifton presented information on DME credit card purchases and felt that there was credit card fraud in conjunction with some of the purchases. G. 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. Mayor Burroughs requested clarification and direction on citizens changing topics and enforcing limitations on citizen reports. Mayor Pro Tem Kamp inquired on the status of radar for the Municipal Airport. H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. I. 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. City of Denton City Council Minutes October 21, 2008 Page 15 With no further business, the meeting was adjourned at 8:06 p.m. _____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS