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August 4, 2009 Minutes CITY OF DENTON CITY COUNCIL MINUTES August 4, 2009 After determining that a quorum was present, the City Council convened in a Work Session on . Tuesday, August 4, 2009 at 4:00 p.m in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Council Members Engelbrecht, Gregory, Heggins, Mulroy, and Watts. ABSENT: Mayor Pro Tem Kamp 1.Staff responded to requests for clarification of agenda items listed on the agenda for August 4, 2009. Council Member Watts asked about a procedural question. Individual Items B and C were considered at the last council meeting under public hearings and those hearings were closed. Both items were tabled during discussion. He questioned why the items were not continued under public hearings rather than individual items. City Attorney Burgess stated that during a public hearing Council had the discretion with regards to leaving it open or closing the public hearing. In both cases the public hearings were closed. It was within the council procedures to allow further comment. Mayor Burroughs asked if the public hearings were left open, would they have to be re- advertised. City Attorney Burgess replied not if the public hearings were continued. Council Member Watts stated that the difference in whether the agenda item was under Public Hearings or Individual Items was whether the public hearing had or had not been closed or remained open. If closed, it could not be put under public hearings. City Attorney Burgess replied correct. Mayor Burroughs stated that a speaker at a public hearing could speak again under Individual Items. City Attorney Burgess replied correct. 2.Council received a briefing, held a discussion and gave staff direction on the proposed amendment to 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 (DDC) 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 a SUP, adult day care, in-home child day care as a commercial use, group homes, accessory dwelling units, and any development within the In-fill Special Purpose District that require the approval of a 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 City of Denton City Council Minutes August 4, 2009 Page 2 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. Consensus of the Council was to proceed with the proposed fee. 3.The Council received a briefing, held a discussion, and gave staff direction on a proposed professional services agreement with the firm Jacobs, Inc. to provide planning, architectural design, and engineering services in association with the development of the Downtown Implementation Plan. Brian Lockley, Development Review Committee Administrator, stated that the City was negotiating with Jacobs, Inc. to provide the implementation plan for the downtown area. Council Member Mulroy stated that part of the overall plan was to encourage high density downtown development plus transportation. If higher density was going to be considered, Quakertown Park should be included as an amenity to the residents of downtown. That should be included in the evaluation. Lockley stated that elements of open spaces and linkages would be included in the planning. Council Member Engelbrecht suggested including TWU in addition to UNT in the discussion about bicycles and bike lanes. Mayor Pro Tem Kamp joined the meeting. Mayor Burroughs stated that the arts and entertainment district would be an important facet of the study and recommendations. Lockley stated that it would serve as a link between the rail station and the downtown area. Where the transit planning ended, the downtown implementation plan would pick up. Staff was currently working on the bid and time frame to bring the contract back within the next several council meetings so the project could move forward. The Downtown Task Force proposed to serve as the steering committee for the project. Once the contract was finalized more sharing of the public participation process would take place. Rick Leisner, Jacobs, Inc., presented the details of the proposal. He stated that the project approach included a wide set of events for community input. The Project Team met monthly with the Downtown Task Force which would become the Downtown Implementation Plan Steering Committee. Community input included stakeholder interviews, Downtown Implementation Plan Steering Committee meetings, City Council presentations, Planning and Zoning Commission presentation and public hearings. The project schedule involved four stages and the project approach was a series of steps to establish core goals. Phase One involved mapping and understanding of the area, stakeholder interviews and draft goals and objectives statement. Phase Two involved assessment and analysis of physical conditions plus fiscal conditions for the area. Phase Three involved vision and recommendation - downtown elements and metrics involving future land use, parking regulations, street cross sections, parks and open City of Denton City Council Minutes August 4, 2009 Page 3 spaces, architectural design guidelines and draft implementation strategy. Phase Four involved final comprehensive recommendations, a draft report, a set of public presentations and final report and implementation strategy. Issues/Opportunities/Challenges - the downtown implementation plan needed to be based on assets in the area, parking strategy with an assessment of needs with transit, shared parking strategy, surface and structured parking, economic feasibility options and strategy. Future land uses and development typologies - residential housing needs, mixed use, creative class, knowledge-based businesses, arts and entertainment community. Streets and linkages - built as much for pedestrians as well as vehicles. This went hand in hand with the parking strategy. Placemaking - incorporation of public art, pedestrian friendly streetscape, mixture of activities, parks and plazas, need for shade. Architectural guidelines - building facades, massing, windows at ground floor, articulations of building entries, and more. Parks and open space - Courthouse Square, downtown parks, rail connection and greenway standards. Codes and policy - form based code, pattern book, design guidelines, and implementation strategy. Economic Implementation strategy- there were four big trends impacting future development that were both urban and suburban and included (1) demographic shifts, (2) changing consumer preferences (3) smaller, denser, greener, and (4) most desirable locations would be close to jobs, walkable and transit accessible. An issue to overcome was the perception of living and building downtown. Council Member Watts asked about a timeline for the plan. Leisner stated that it would take 7 to 7-1/2 months to develop the plan. Consensus of the Council was to proceed with the plan as presented. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:00 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 receive a briefing from a City representative. Receive 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, City of Denton City Council Minutes August 4, 2009 Page 4 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. Kamp motioned, Heggins seconded to consider this item as a public power exception. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. 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. C. Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Considered and discussed status, including potential settlement, of litigation styled David Johnson v. City of Denton, Cause No. 4:07cv449, currently pending in the U.S. District Court, Eastern District, Sherman Division. 2. Received a legal briefing from the City’s attorneys and discussed legal issues regarding the request for a Specific Use Permit to allow for gas well drilling and production on property located within Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood City of Denton City Council Minutes August 4, 2009 Page 5 Residential Mixed Use (NRMU), the approximately 3 acre site located on the west side of Bonnie Brae Street, north of Scripture Street. Regular Meeting of the City of Denton City Council on Tuesday, August 4, 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/AWARDS 1.Texas Public Power Association’s presentation of the System Achievement Award to DME and Industry Achievement Award. This item was not considered. 2.Texas Municipal Library Directors Association Achievement in Excellence Award. Steve Brown, TML, presented the Texas Municipal Library Directors Association Achievement in Excellence Award to the City of Denton and its libraries. 3. CONSENT AGENDA Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A.R2009-019 - A resolution of the City of Denton, Texas approving a revised city policy regulating Equal Employment Opportunities for the City of Denton employees; and declaring an effective date. B.R2009-020 - A resolution of the City of Denton, Texas approving a revised city policy regulating Disciplinary Actions for the City of Denton employees; and declaring an effective date. C.R2009-021 - A resolution of the City of Denton, Texas approving a revised city policy regulating Disciplinary Appeals for the City of Denton employees; and declaring an effective date. D.R2009-022 - A resolution of the City of Denton, Texas approving a revised city policy regulating the Introductory Period for the City of Denton employees; and declaring an effective date. City of Denton City Council Minutes August 4, 2009 Page 6 E.2009-170 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Supplemental Engagement Letter Agreement with Burford & Ryburn, LLP for professional legal services relating to the eminent domain assignments for West 380 (University Drive) Project; authorizing the expenditure of funds therefor; and providing an effective date. F.Approved a request for an exception to the noise ordinance for the purpose of the Denton Celtic Festival, sponsored by the Celtic Cultural Association of Texas. The event will be held at the North Texas State Fairgrounds located at 2217 N. Carroll Blvd. The Denton Celtic Festival begins Saturday, September 12, 2009, at 10:00 a.m. and concludes at 11:00 p.m. The exception is specifically requested for extension of the hours of operation for amplified sound and for an increase in decibels for an outdoor concert from 70 to 75. G.Approved a request for an exception to the noise ordinance for the purpose of performing live music during the Glory of Zion International Ministries conference and celebration. The four day Head of the Year Conference will be held from Thursday, September 17, 2009, through Sunday, September 20, 2009, on the church property located at the corner of Windsor Drive and I-35N. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and for amplified sound on Sunday from 8:00 a.m. – 1:00 p.m. H.2009-171 - An ordinance accepting competitive bids and awarding a three year contract for directional boring services for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4266– Three Year Contract for Directional Boring awarded to the lowest responsible bidder Gardner Telecommunications, Inc. in the annual estimated amount of $350,000). The Public Utilities Board recommended approval (4-0). I.2009-172 - An ordinance accepting competitive bids and awarding a public works contract for the construction of Briercliff Park improvements; providing for the expenditure of funds therefor; and providing an effective date (Bid 4311–awarded to the lowest responsible bidder meeting specification, Jones and Jeffery Construction Company, Inc. in the amount of $431,058.85). J.2009-173 - An ordinance approving an easement for pipeline right-of-way by and between the City of Denton, as a grantee and the Department of the Army (Corps of Engineers), as grantor relating to location of a city sanitary sewer line within lands of the United States of America, Outgrant No. DACW63-2-09-0655, Lewisville Lake, Texas, being situated in the Gideon Walker Survey, Abstract Number 1330, Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (Pecan Park Addition off-site sanitary sewer easement – 7300 block East McKinney Street) The Public Utilities Board recommended approval (4-0). K.2009-174 - An ordinance repealing Ordinance No. 2008-159 and amending Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas. City of Denton City Council Minutes August 4, 2009 Page 7 L.2009-175 - An ordinance partially abandoning and vacating a public access and fire lane easement from SR Denton 2181 LLC. to the City of Denton, recorded by County Clerk File Number 2008-72572 of the Real Property Records of Denton County, Texas; and declaring an effective date. M.2009-176 - An ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for the reconstruction of C. Wolfe Road from Highway 2449 North to the intersection with Tom Cole Road; and providing an effective date. The Airport Advisory Board recommended approval (7-0). The Mobility Committee recommended approval (3-0). N.2009-177 - An ordinance authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation Aviation Division to fund the $90,000 local share of a $1,800,000 grant project to construct a 1,500 ft extension of a taxiway in the southeast development area of Denton Airport. The Airport Advisory Board recommended approval (5-0). O.2009-178 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second amendment to an Agreement for Professional Legal Services with Ford & Harrison, LLP for professional legal services relating to the plaintiff’s appeal of the final judgment issued in litigation styled David Johnson, individually and as class representative v. City of Denton Fire Department and City of Denton, Cause No. 4:07cv449, filed in the U.S. District Court, Eastern District, Sherman Division; authorizing the expenditure of funds therefor; and providing an effective date. 4. 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 remained on 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 City of Denton City Council Minutes August 4, 2009 Page 8 This item remained on 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 July 21, 2009) Kamp motioned, Watts seconded to remove the item from the table. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Mayor Burroughs asked the applicant to come forward. David Poole, Range Production, stated that Range was very aware of the concerns expressed by the citizens in response to their proposed well site and respected their right to bring concerns before the Council. Range was proud of their track record for being a qualified oil and gas operator. They had a quality management team and he was here to tell the Council that they would live up to the letter and spirit of their obligations to City of Denton and citizens. From what he heard from the last meeting, the controversy centered on the location to drill the wells. Range was legally limited to this one location and did not have rights to use any other location. This site was contractually and legally limited. The surface estate dominated the mineral rights. The proposed site was a viable site and technically a good site for the gas company. Range had met all the requirements for a special use permit for wells on this site. Mayor Burroughs stated that originally there were four sites; the two southern sites were approved in the concept plan but not the northern sites. The southeastern site was a contractual site for Range and they were limited to that one site. He asked from Range’s point of view, could they access a southwest location and drill from there to accomplish their objectives. Poole replied that they could drill from further west including that southwest corner. It would be more difficult, but they could operate from that area of the surface. However, they did not have the right to do that and would require consent and approval of the surface owners. They currently were in litigation with the owner over the use of the southeast site. They were agreeable to move to the southwest corner but to do so they must have the cooperation from Allegiance. Mayor Burroughs asked if Range were granted additional time to allow for discussion with the surface owner, facilitated by the city, would they work on the possibility of moving the drill site. He questioned if that would affect Range’s ability to move forward or have other consequences. Poole replied that because they were in litigation over that site, he felt it would be necessary to have the SUP approved in order to have any type of meaningful dialog. He was willing to address the concerns expressed by the residents and by Council. City of Denton City Council Minutes August 4, 2009 Page 9 Mayor Burroughs asked if tabling the proposal to allow for vetting of another location would be harmful for Range. Poole replied that he believed because of the issue of whether or not the surface use agreement had expired, that without the SUP, the surface owners would be unwilling to deal with them Mayor Burroughs stated that looking at the amended surface use agreement, there was a provision of Force Majeure that if the City’s action delayed the agreement, it could not be used against their rights. Poole replied that he agreed but noted that was the subject of the litigation. Allegiance’s position was that the delay did not constitute a Force Majeure. Mayor Burroughs asked if the action to delay would make any difference. Poole replied that he was not sure but Allegiance had rejected the reasoning from the meeting two weeks ago. Council Member Watts asked if the Allegiance surface owner was the same as the Rayzor Ranch development. Poole replied that Allegiance Hillview LP was the surface owner. Council Member Watts stated that Section 4 of the original surface use agreement had not been amended. There was a clause in that agreement that stated in the event Rayzor Hillview was unable to obtain proper permits that Allegiance agreed to fully cooperate to relocate and reconfigure. It was his understanding that the southwest corner might be contracted out in the southern portion of the Rayzor development. It was also his understanding that the time line for development of property was not as definitive as the time line for the northern section. Poole replied Council Member Watts was correct that Paragraph 4 was not amended. The ability to specifically enforce that provision would be absent without the cooperation with the surface owner. All surface rights for mineral exploration were given up except for a time limited use to that one site. Typically the mineral state dominated but in this case the surface rights were dominating. Council Member Mulroy stated that the use agreement was amended about a year ago and questioned if Range was involved in that amendment. Poole stated that he joined Range in June of last year but assumed that Range was involved in discussions with the mineral owner and in negotiations with the amended agreement. Council Member Mulroy felt it was obvious with the path of the proposed pipeline. Poole stated that he believed that deadline was coming up for extension and motivated parties to the agreement. City of Denton City Council Minutes August 4, 2009 Page 10 Council Member Mulroy stated that he did not know why the southwest location was no longer an option. Under the amended agreement, Paragraph 6b, the Force Majeure amended the contract that “litigation, court order or City of Denton’s failure to issue permits (provided that the Permit Seeker had timely submitted permit applications and thoroughly prosecuted such applications to attempted completion)”. Range was contending that they had done that. It appeared to him from the reading that the amended agreement extended that Force Majeure to the permitting process with City of Denton. Poole stated that he agreed with that. Council Member Mulroy felt that Ranger would like to get the SUP tonight and then trade locations. Section 35.6.4 stated that a specific use permit may be granted if the proposed use conformed to the standards established. The criteria did not say “will” or “shall” but “may” be granted. Council had to undertake an analysis of the proposal, such as safety concerns, and granting the SUP was not automatic. He felt it was important to final an alternate location such as the southwest corner of the property. He would encourage Ranger to negotiate with the surface owner for a new site. Poole stated that he was in total agreement to trying to renegotiate a site. Council Member Watts stated that the best strategic scenario for Ranger would be to approve the SUP and then negotiate with Allegiance. Based on paragraph 4, his opinion was that the language seemed strong, but really was fluff. If Range was unable to obtain necessary approval, they needed to make a request for some kind of dialog. Poole believed that it was strategically important to have the SUP permit before going to the table to negotiate another site. Another choice was to table the item and have the City try to persuade Allegiance to move the site. He was not optimistic about that but would personally commit to that meeting and try to make it happen. City Attorney Burgess offered to facilitate that meeting to see if they could have a good discussion and bring the parties closer to some type of arrangement. Council Member Gregory thought he was hearing Range say that they wanted to be a good neighbor to the people in Denton. Poole replied absolutely. Council Member Gregory felt that working with Allegiance for another site could help the interest of others like neighbors to the east, users of the park and hospital users. Poole stated that the senior management team of Range lived up to that thought. They were part of the community and not just here to drill wells. Council Member Gregory stated that he would appreciate a complete list of Range’s drilling sites that they were most proud of and a listing of the types of safety precautions they used. City of Denton City Council Minutes August 4, 2009 Page 11 Poole stated that he could provide a list of drilling properties and noted that they were the company drilling at the Denton airport. Mulroy motioned, Engelbrecht seconded to table the item with instructions to Legal to facilitate a meeting with the surface owner and mineral owner incorporating all appropriate departments to vet the issue as thoroughly as possible with a more acceptable result. The purpose of the discussion would be to try and relocate the drill site to the southwest corner of the property. The item would be brought back as soon as possible. Mayor Burroughs suggested that the discussion, in addition to the relocation of the well, also include elements such as sound detail, a closed loop system and other concerns of the drilling process. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. D.Council considered appointments to the following boards and commissions: 1. Construction Advisory and Appeals Board 2. Historic Landmark Commission 3. Planning and Zoning Commission 4. Traffic Safety Commission 5. Zoning Board of Adjustment Mulroy motioned, Kamp seconded to approve the nominations as presented. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. E.Citizen Reports 1.Review of procedures for addressing the City Council. 2.Council received citizen reports from the following: a.Sonya Hill regarding garbage pickup in alleys. Ms. Hill stated that she was once again asking the City reconsider the policy of not picking up garbage in alleyways. Her situation had not changed from her prior request. She has a terraced lot and was originally concerned about garbage pickup in the alleys. When she moved into her home, her garbage was picked up in the alley and was even provided a flier about picking up garbage in the alley. That practice was discontinued and she was now required to get her garbage down her terrace to the street for pickup. She asked the City to reconsider the policy one more time. b.Nathaniel Johnson regarding curfew for teenagers. Mr. Johnson asked for a curfew for teenagers. There was a large altercation several weeks ago with gun fire near the MLK Center. Kids came from surrounding cities that had a curfew to Denton which did not. He asked Council to consider a curfew for the summer months that would City of Denton City Council Minutes August 4, 2009 Page 12 carry over to school days especially when the train station was completed as more young people would have easier access to Denton. F. 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 Member Watts asked for a briefing about trash collection in alleyways. He requested a work session on curfews such as who had one, had it worked and statistics about curfews. Mayor Pro Tem Kamp and Council Member Heggins asked for information on the same issues. Council Member Engelbrecht asked for information on how to inform residents about items tabled on the Council’s agenda and when they will be reconsidered. Council Member Watts asked for an explanation regarding the status of surface rights on the warranty deed for Rayzor Ranch. th Mayor Burroughs announced that Council would be holding a budget workshop on August 6 which would be open to the public. G. 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. H. 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 7:50 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS