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August 18, 2009 Minutes CITY OF DENTON CITY COUNCIL MINUTES August 18, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 18, 2009 at 3:00 p.m.in the City Hall Conference Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Engelbrecht, Gregory, Heggins, and Mulroy. ABSENT: Council Member Watts 1.Staff responded to requests for clarification of agenda items listed on the agenda for August 18, 2009. City Attorney Burgess stated that Consent Agenda Item 3G needed to be corrected. The ordinance in the agenda packet referenced Borman Elementary and it should reference a broader area and apply at other areas where there were school bus loading zones. Mayor Burroughs stated that Consent Agenda Item 3I was a sole source contract for a professional services agreement. City staff had worked very hard to get the fee down on the contract which was now below the norm. He congratulated the staff on that accomplishment. Mayor Burroughs asked about the surveying contract associated with Consent Agenda Item 3E. He questioned why the contract was going from a 1 year term to a 3 year term. Frank Payne, City Engineer, stated that staff had requested a 3 year term to make it easier to facilitate projects. It was not any different than a 1 year contract but easier to facilitate. Mayor Burroughs asked why a local firm was not chosen. Payne stated that staff had looked at many services in 2003. This particular firm was able to provide the volume of services needed and was responsive to the City’s needs. The firm had a working relationship with the city prior to the current contract. Item 3 was considered. 3.The Council received a report, held a discussion and gave staff direction regarding the st outcome of the 2009 State Legislative Program of the City of Denton during the 81 Texas Legislature, including future legislative issues and strategies. Lindsey Baker, Assistant to the City Manager, introduced Snapper Carr, Hillco, who presented an update on the item. Snapper Carr, Hillco, presented highlights of the legislative session. The session overview included new leadership in the House with Speaker Strauss; a new record number of 7,609 bills filed with 1,468 passing. The Governor vetoed 35 of the bills that passed. Additional overview comments included the fact that there was a narrow partisan split in the House; federal stimulus funding was used to balance the budget; there were communication breakdowns between the House and Senate leadership which caused a special session; and a significant delay with the local calendar which resulted in an unprecedented last minute flurry to revive bills. Cities came out of the session with local control of the budgeting process and increased funding for local transportation projects. The next session issues would probably deal with budget concerns, City of Denton City Council Minutes August 18, 2009 Page 2 redistricting, the sunset of the PUC, TCEQ, TEA, TxDOT and TDI, school funding issues, transportation funding and state water plan funding. Mayor Burroughs asked if there was anything Denton could have done differently to champion the city’s issues. Carr felt that there was not much that could have been done differently. He felt they needed to continue with an educational process for legislators. Council returned to the regular agenda order. 2.The Council received a report, held a discussion and gave staff direction regarding a November Charter election. City Attorney Burgess stated that the report submitted was the result of the work done by the Term Limit Charter Review Committee. Chair Bill Giese would present the report from the Committee which included a resolution passed by the Committee on the proposed recommendations. Bill Giese, Committee Chair, stated the committee members were from many different areas of the city with open and free discussions held on the issues. The Council had approved a resolution that stated what the committee could consider. Seven meetings were held to consider the issues. A website was established for citizen comments and all comments were distributed to the committee members. The Committee reviewed numerous charters of other Texas cities and reviewed the National Civic League Model City Charter. Information considered by the committee included a report from Dr. Valerie Martinez-Ebers on the pros and cons of term limits, reports from former elected officials about the history of Denton and term limits, and a report from City staff about elected officials’ terms of service. The Committee recommended the term of service for elected officials be two years. The current city charter provided for two years of service and they felt this term of service had and would serve Denton well. The Committee recommendation was to amend the Charter so a city council member could serve three full consecutive two-year terms in a place but may be elected to another place on the council, so long as otherwise eligible, except that no council member shall serve for more than 12 consecutive years unless such member was off for at least one council election cycle. Council Member Gregory stated that an individual could then serve for 12 years, be off a year and serve another 12 years. Giese replied correct. City Attorney Burgess stated that there were two items on the regular agenda for Council to consider. One would call the election and other was a joint contract with the County to perform the election. Council Member Mulroy stated that other business was discussed when the resolution was passed such as clean up housekeeping items Council had asked staff to review and bring forth at the same time. City of Denton City Council Minutes August 18, 2009 Page 3 Burgess stated that staff would need additional time to look at those issues. A review of the Charter would take some time. A charter election could only be held every two years. Council Member Mulroy stated that the housekeeping issues were part of the agreement to move this forward. Those items were to be segregated from the other issue but combine that together going forward. Council Member Watts had questioned Section 3 dealing with the vacancy of the Mayor’s position. That was not addressed yet. Section 3 had a potential conflict with the Committee’s work product and the twelve year maximum service when dealing with the Mayor Pro Tem completing the term of the Mayor due to a vacancy. There was the potential to disqualify the Mayor Pro Tem for future terms. Mayor Burroughs noted that the last day to order an election was in two weeks. He questioned if a November election would be too soon for clarification of these items. If not a November election, then it would have to be done in conjunction with a May election. Cleanup issues would be less of an issue for a May election especially when there was a recommendation to not have any change in terms. His personal view was that the committee had a reasonable approach, the clarification of issues and the other items suggested were not controversial so they could go on a May election. Council’s choices were to go forward with the Committee recommendation on just that issue, pull the item off the agenda until the September 1 meeting, or hold off until May. Burgess stated that the issue in terms of service probably would not be a problem but if Council wanted a larger look at the Charter, it would take time. She would rather do the review correctly rather than in a rush. Council Member Mulroy stated that he was not advocating a review of the Charter in total, but rather three or four items were outdated and did not have a clear intent. Section 2 and 3 included such items as member residency and moving during term of office and the council non- interference clause. It was part of his understanding that these would be considered to move forward. He felt there was a need to wrap all items discussed before moving on with the issue. Council Member Heggins felt that in May citizens were busy looking at incumbents and new candidates. There was also a tendency for a low voter turnout. She thought a November election would be better. She was in favor of the committee recommendations. Council Member Gregory felt that Council needed to give staff direction regarding residency. Burgess stated that if elected to a single member district, the member must stay in that district during term of office. Consensus of the Council was that was correct. Council Member Mulroy stated that there were still two policy issues to consider. One was not to benefit a city council member and the other was the item Council Member Watts had questioned regarding the Mayor Pro Tem finishing out the Mayor’s term in the event of a vacancy. City of Denton City Council Minutes August 18, 2009 Page 4 Burgess stated that currently the Charter had a vacancy in the office of mayor filled in a different manner. A vacancy in the remainder of the Council was filled at an election at the next uniform election date. There was a disconnect between how the mayor and council seats were filled. She asked Council if they want the procedure to be the same or filled in a different way. Council Member Mulroy felt a mayoral vacancy should align the same as other council members. Council discussed how to fill a vacancy for mayor and council. Burgess stated that she could work the wording to make a vacancy of the mayor be filled the same as the rest of the council. Consensus of the Council was to proceed with that wording. Mayor Burroughs suggested working towards the goal of having the wording prepared by the September 1 meeting and on September 1 consider ordering the election. 3.The Council received a report, held a discussion and gave staff direction on the 2009-10 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Bryan Langley, Director of Finance, presented information concerning an update on the budget. Sales tax receipts continued to lag from the 2008-09 budget projection and there was a need to reassess assumptions as a lower projection would affect the forecast in all future years. 5 FTs were included in the budget for additional police officers with the recommendation contingent on grant funding. Staff had learned that the grant would not be received so the positions would be removed from the proposed budget. Council had indicated concern for the following recommended reductions/revenue enhancements: Vendor permit fees from Jazz Fest - $18,000 Reduction in the purchase of library materials - $120,000 Elimination of the court reporter - $16,000 Elimination of Kiwanis fireworks funding - $20,000 The updated financial forecast included a revised sales tax estimate, the elimination of the 5 FTs for police, and removal of the above reductions/revenue enhancements. The updated 2009-10 General Fund long term plan included 0% ad valorem growth for 2010 and a 4% growth each year thereafter. Council Member Gregory asked about numbers for a smaller growth. Langley stated that there would be greater impact on the figures if a smaller amount was used to st start with. The next steps in the budget process included a September 1 budget discussion; th September 8 would be a public hearing on the tax rate and proposed budget, if necessary; City of Denton City Council Minutes August 18, 2009 Page 5 th September 15 would be a public hearing on the tax rate and proposed budget; and September nd 22 would be the adoption of the tax rate and approval of the annual program of services. Mayor Burroughs asked about the amount of outside counsel budgeted for next year. City Attorney Burgess stated that she had pulled all of the invoices and numbers from a variety of places such as the Risk Retention fund, consultation monies, and city attorney funds as well as embedded funds in departments such as electric utilities fees funded through those types of departments. A full fair picture to deliver legal services was gathered from all of those funds. Mayor Burroughs stated that it appeared that the in-house costs for the Legal Department were stable while the outside costs for past years had increased greatly. He questioned what was facing the Department this year to project forward. Burgess stated that it would depend on how many times the City was sued during the next year, on how many lawsuits the City chose to bring against someone else, on the operational tempo in the organization and specialized legal services. Rodney Patterson, Plan Examiner Supervisor, presented information on Projectdox software. There were several issues with the current plan review process including limitations for plan submittal due to hours of operation, sheer volume of paper plans which were submitted during the review cycles, routing and rerouting of plans, no central location for plans, comparing revisions took days to review, and plans sometime ended up in the wrong hands. He reviewed the current plan review process. Benefits of an electronic plan review process included plans submittal could be done 24 hours a day/seven days a week, routing of plans to various departments/agencies/applicants could be done with ease, plan reviewers could review plans and compare revisions on a monitor, there would be no need to store the plan revisions because there would be one central location for them, the time required for comparing revisions and final sets would be reduced, the applicant would be notified by email automatically when revisions were completed, ProjectDox would not be used only for the permitting process, the DRC process would be transitioned to ProjectDox and developers would benefit the most with this transition. Mayor Burroughs asked if there was a way to verify that an email was received by a developer. Unless the individual requested a verification of the delivery, he could say he never received it. Patterson stated that staff always verified that the emails were received with a follow-up call to the applicant. He continued with the advantages and disadvantages of the program, the cost savings and reviewed the return on investment figures. Council Member Mulroy stated that the presentation focused on the review process. He questioned if the program could be used for platting and preliminary process or would that be a separate function. Patterson stated it would be the same for all. Council Member Mulroy asked if there would be a fee associated with using this program. City of Denton City Council Minutes August 18, 2009 Page 6 Patterson replied correct but even if the charge were $300 it would be a savings to the developers. Council Member Mulroy asked if the net sum for the investment would be paid back through fees. Patterson replied correct. Council Member Gregory asked if the addition of this program would reduce staff or at least not increase staff. City Manager Campbell stated that as the economy turned around, there might a need to hire additional staff but would not impact the current staff in terms of numbers. Council Member Mulroy suggested that going forward staff look at fees tied to hard numbers and how the fees pay for the system. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:15 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A. Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code, Section 551.086; Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1. Discussed and deliberated the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and received a briefing from a City representative. Received a briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal Power th Agency,Cause No. D-1-GN-08-003426, pending in the 126 Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas st Municipal Power Agency – II, Cause No.D-1-GN-08-003693, in the 261 Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency,Plaintiff v. City of Bryan, Texas,Defendant, Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now th pending in the 506 Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. 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. This item was not discussed. City of Denton City Council Minutes August 18, 2009 Page 7 B. Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Discussed, deliberated and received information from staff and provided staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. This item was not discussed. C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086. 1. Received competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (“DME”) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. This item was not discussed. D. Consultation with Attorneys – Under Texas Government Code Section 551.071 1. Consultation with the City’s Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the Denton Police Officers Association and Denton Fire Fighters Association. Public discussion would conflict with the duties of the City’s attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Minutes August 18, 2009 Page 8 E. 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.Received a report and held 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 construction of needed infrastructure in the industrially zoned area along Airport Road, west of Interstate 35 in support of Project Teacup. Following the completion of the Work Session, the City Council attended a reception for Board and Commission members at 5:30 p.m. in the Council Work Session Room at City Hall. The City Council convened in the Council Chambers at 6:00 p.m. to consider the following: 1. Council considered approval of a resolution of appreciation for retiring Board/Commission members. Mulroy motioned, Heggins seconded to approve the Resolution of Appreciation. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. 2.Oath of Office for New and Continuing Board Members. Jennifer Walters, City Secretary, administered the Oath of Office for new and continuing board members. After determining that a quorum was present, the City Council convened in a Regular Meeting on Tuesday, August 18, 2009 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.Texas Public Power Association’s presentation of the System Achievement Award to DME and Industry Achievement Award. Mark Zion, President of Texas Public Power Association, presented the System Achievement Award and Industry Achievement Award to the City of Denton. City of Denton City Council Minutes August 18, 2009 Page 9 2.Presentation of the U.S. Conference of Mayors City Livability Award for the Recycling Division’s Sustainable Schools Program. Greta Calvery, Area Community and Municipal Affairs Manager for Waste Management, Inc., presented the U. S. Conference of Mayors City Livability Award for the Recycling Division’s Sustainable Schools Program to the City. 3.Women’s Equality Day Proclamation Mayor Burroughs read the proclamation for Women’s Equality Day. 3. CONSENT AGENDA Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions including the changes already incorporated into Item 3G. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A.Approved a request for an exception to the Noise Ordinance and for the purpose th of the 11 Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 19, 2009, from 1:00 p.m. to 11:00 p.m. The exception is specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 11:00 p.m. The amplified sound will not go above the allowable 70 decibels for an outdoor concert. B.2009-180 - An ordinance accepting competitive bids and awarding an annual contract for water and sewer inventory parts for the City’s Water and Wastewater departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4323–Annual Contract for Water and Sewer Inventory Parts awarded to the lowest responsible bidder for each item as shown on Exhibit A in the annual estimated amount of $1,000,000). C.2009-181 - An ordinance of the City of Denton, Texas accepting competitive bids and awarding a best value purchase of a Caterpillar 826C Compactor for the City of Denton Landfill; authorizing the expenditure of funds therefor; and providing an effective date (Bid 4325–Best Value Bid for Landfill Compactor awarded to Caron Compactor Company in the amount of $182,550). The Public Utilities Board recommended approval (6-0.). D.2009-182 - An ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Halff Associates, Inc., for Park Design and Planning Services for Owsley Park, Preserve at Pecan Creek Park and Wheeler Ridge Park; authorizing the expenditure of funds therefor; and providing an effective date (RFSP 4296–Professional Services Agreement for Park Design and Planning Services for Owsley Park, Preserve at Pecan Creek Park and Wheeler Ridge Park awarded to Halff Associates, Inc., in an amount not to exceed $121,000). City of Denton City Council Minutes August 18, 2009 Page 10 E.2009-183 - An ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Arthur Surveying Co., for Professional Surveying Services for various City departments; authorizing the expenditure of funds therefor; and providing an effective date (File 4374–Professional Services Agreement for Professional Surveying Services awarded to Arthur Surveying Co., in an amount not to exceed $500,000). The Public Utilities Board recommended approval (5-0). F.2009-184 - An ordinance authorizing the Mayor or his designee to enter into an Interlocal Agreement with Denton County for the County to provide property tax billing and collection services for the City of Denton; providing a savings clause and providing an effective date. G.2009-185 - An ordinance amending Chapter 18 of the Code of Ordinances to revise the bus loading zones to provide for limited time periods for the loading zones and to allow for towing of illegally parked vehicles in all the school bus loading zones; providing a penalty of a fine not to exceed two hundred dollars ($200.00); providing a severability clause; providing for publication; and declaring an effective date. The Traffic Safety Commission recommended approval (8-0). H.2009-186 - An ordinance approving and authorizing the City Manager of the City of Denton, Texas to execute and deliver a Second Amendment to the Master Lease Agreement by and between the City of Denton, as lessor and the Denton County Transportation Authority, as lessee; providing for the modification of sections 3.2a and 3.2b of the Master Lease Agreement dated September 30, 2005 pertaining to certain leased premises owned by the City; authorizing the City Manager to take any and all necessary actions to complete the same; providing an effective date. The Public Utilities Board recommended approval (6-0). I.2009-187 - An ordinance approving a Professional Services Agreement for Architect or Engineer by and between the City of Denton, Texas and Malcom Pirnie to provide engineering services for the preliminary design of the Lake Lewisville Water Treatment Plant Rehabilitation and Process Upgrade; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). J.R2009-023 - A resolution voting for a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. K.R2009-024 - A resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 19, 2009, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommended approval (4-0). City of Denton City Council Minutes August 18, 2009 Page 11 L.Approved the minutes of: July 21, 2009 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas amending the Schedule of Fees contained in Ordinance 2004-060 by adopting a new Planning and Development Department Review Fee Schedule as authorized by the Denton Development Code for the City of Denton, Texas, for filing applications for review, approval, and issuance of specific use permits (SUPs) for: home occupations that require the approval of an SUP, adult day care; childcare/day care home; group homes; accessory dwelling units; and any development within the In-Fill Special Purpose District that requires the approval of an SUP; providing a severability clause; providing for publication; and providing for an effective date. Mark Cunningham, Director of Planning and Development, stated that staff was proposing an amendment to the fee schedule relative to specific use permits. The City currently charged one fee for a specific use permit regardless of the size or complexity of the project. Staff felt that there were some specific use permits that would benefit from a lower fee such as home occupations, adult day care, childcare, group homes, accessory dwelling units and any in-fill special purpose district. A flat fee of $500 for the uses mentioned was proposed. The fee would be adequate for review and public notification for the uses recommended. This reduction in the fee would not have a fiscal impact if Council decided to grant the reduction of the fee. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2009-188 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 2004-060 BY ADOPTING A NEW PLANNING AND DEVELOPMENT DEPARTMENT REVIEW FEE SCHEDULE AS AUTHORIZED BY THE DENTON DEVELOPMENT CODE FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, AND ISSUANCE OF SPECIFIC USE PERMITS (SUPS) FOR: HOME OCCUPATIONS THAT REQUIRE THE APPROVAL OF AN SUP, ADULT DAY CARE; CHILDCARE/DAY CARE HOME; GROUP HOMES; ACCESSORY DWELLING UNITS; AND ANY DEVELOPMENT WITHIN THE IN-FILL SPECIAL PURPOSE DISTRICT THAT REQUIRES THE APPROVAL OF AN SUP; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes August 18, 2009 Page 12 Engelbrecht motioned, Heggins seconded to adopt the ordinance. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Tabled A. – Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee (Tabled from March 3, 2009) recommends approval (3-0). This item was not removed from the table. Tabled B. - Consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow forty-six (46) attached and fifty-four (54) detached single family dwelling units on property located within a Neighborhood Residential 3 (NR-3) zoning district, the approximately 30.7 acres site being located at the southwest corner of Hinkle Drive and Windsor Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and effective date. (S09-0002) The Planning and Zoning AC Commission recommends denial (5-0). SUPERMAJORITY VOTE BY OUNCIL IS (Tabled from July 21, 2009) . REQUIRED FOR APPROVAL This item was not removed from the table. Tabled C. - Consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow for gas well drilling and production on property located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site being located on the west side of Bonnie Brae Street, north of Scripture Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (S09-0006) (Tabled The Planning and Zoning Commission recommends approval (4-0). from August 4, 2009) This item was not removed from the table. D.The Council was to consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 22, 2009 City Council public meeting agenda to adopt a 2009 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on September 8 and September 15, 2009 and calling a budget public hearing on the Fiscal Year 2009-10 Annual Program of Services of the City of Denton to be held on September 1, 2009; requiring publication of a notice of the public hearings in accordance with the law; requiring the posting of the notice of the public hearings on a tax increase on the City’s Internet website; requiring the posting of the notice on the City’s public access channel; and providing an effective date. City of Denton City Council Minutes August 18, 2009 Page 13 This item was not considered. E.The Council was to consider adoption of an ordinance ordering an election to be held on November 3, 2009 for the purpose of submitting to the registered voters of Denton, Texas amendments to the Denton City Charter regarding terms of office and term limits; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with Denton County; prescribing the form of ballot; providing for notice; providing for publication of notice of this election; providing a severability clause; providing an open meetings clause; and providing an effective date. This item was not considered. F.The Council considered adoption of an ordinance authorizing a contract for election services with Denton County, Texas, performed by and through its Election Administrator to conduct a November 3, 2009 election concerning amendments to the City of Denton Charter; authorizing the expenditure of funds therefor; and providing an effective date. Mulroy motioned, Kamp seconded to table this item. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. G.Consider appointments to the following boards and commissions: 1.Construction Advisory and Appeals Board 2.Historic Landmark Commission 3.Zoning Board of Adjustment Engelbrecht motioned, Heggins seconded to appoint Brett Darr to the Construction Advisory and Appeals Board. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. H.Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: a. Rudy Rivas regarding abuse of authority–impersonating a civil servant. Mr. Rivas was not present at the meeting. I.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. Council did not have any items. J.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes August 18, 2009 Page 14 Mayor Burroughs indicated Council would return to Closed Session to discuss Closed Session Item E1. K.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting Items. With no further business, the meeting was adjourned at 7:10 p.m. _______________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _______________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS