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December 1, 2009 Minutes CITY OF DENTON CITY COUNCIL MINUTES December 1, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 1, 2009 at 2:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp; Council Member Engelbrecht, Council Member Gregory, Council Member Mulroy, and Council Member Watts. ABSENT: Council Member Heggins 1. Requests for clarification of agenda items listed on the agenda for December 1, 2009. Council Member Mulroy indicated that he had submitted several questions to the City Manager regarding Consent Agenda items. He requested that Items 3C and 3F be pulled and not considered. City Manager Campbell suggested that the Council not act on the DART contract and right-of- entry. He suggested that Council open the DART public hearing but not act on it. City Attorney Burgess stated that staff had submitted a substitute ordinance for Item 3I. Mayor Burroughs indicated that the Mobility Committee had discussed Items 3D and 3E. The Committee did not recommend the items for approval but recommended Council consider the items. 2. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapter 22 of the Denton Development Code regarding gas well drilling and production. The discussion will include an analysis of gas well and production ordinances of neighboring cities within the metroplex area. Mark Cunningham, Director of Planning and Development, stated that staff was seeking direction from Council regarding an amendment of Subchapter 22 of the Denton Development Code pertaining to gas well drilling and production within the City and the ETJ. Staff had reviewed ordinances from eight other cities and found seven issues for consideration. Those included setbacks, hours of operation, noise levels, screening, buffering, lighting and insurance/security bond. Council Member Mulroy asked about Railroad Commission requirements. Cunningham stated that staff had not yet researched those requirements. Council Member Mulroy felt that information was needed in order to provide staff with direction. He also asked if any of the conditions been challenged in court. Cunningham replied not to his knowledge. Council Member Engelbrecht asked staff to check to see if there were limits farther than 1,000 feet for setbacks. City Attorney Burgess stated staff would check and find out for Council. City of Denton City Council Minutes December 1, 2009 Page 2 Council Member Gregory suggested staff check to make sure all kinds of setbacks were included such as from the road, sidewalk, residence, etc. Cunningham reviewed hours of operation, noise level, and screening requirements from the surveyed cities. Council Member Mulroy felt staff needed to add screening around the site and look at the history of specific use permits and standardize it from the vacant land. Cunningham continued with buffering requirements and security bonds. Mayor Burroughs asked for a definition of a drilling park. Cunningham reviewed insurance requirements from the surveyed cities. Council Member Mulroy suggested checking if environmental insurance requirements should be required before drilling was started. Council Member Gregory suggested checking into the possibility of limiting the number of wells at a site and the number of tanks on site plus their height. Mayor Burroughs noted that a specific use permit allowed different conditions to be placed on each well depending on the location. Council Member Gregory asked staff to research requirements for limitations of flaring and closed loop drilling mud system during drilling operations. Council Member Watts suggested having a specific use permit as a requirement and then customize the conditions to be placed on each different well. Mayor Burroughs felt some type of menu might help alert them of the different subject matters to consider. Council Member Engelbrecht suggested looking into the issue of public notification particularly during drilling operations. Council Member Gregory suggested posting or notifying area hospitals and emergency services of all the chemicals that might be used during the drilling process. 3. Receive a report, hold a discussion, and give staff direction regarding an alternative fuel and truck wash facility at the City of Denton Landfill. Jon Fortune, Assistant City Manager, presented background information on the alternative fuel facility. Council Member Watts asked if this facility was different from the other wash facility that was just approved and if there was any way to combine those two procedures. City of Denton City Council Minutes December 1, 2009 Page 3 Fortune replied that they were different functions. Mayor Burroughs asked about the biodiesel fuel. Fortune stated that they would be able to get the fuel from various sources and would be able to take advantage of it for the fleet. Council Member Mulroy asked about the proximity of this facility to the facility just approved. Howard Martin, Assistant City Manager, stated that it would be at the entrance of Mayhill Road. The wheel wash facility was located in the landfill footprint. Council Member Mulroy asked if there had been a consideration to consolidate the two projects. Martin relied yes but that the wheel wash facility needed to be nearer the landfill to keep the pavement clean and the truck wash facility needed to be outside the landfill footprint for TCEQ purposes. Following the completion of the Work Session, the Council convened in a Closed Session at 4:05 p.m. to consider the following: 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. Council Member Mulroy motioned, Council Member Engelbrecht seconded that it was proper to proceed in a Closed Session concerning Item A.1. under the Public Power exception. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 1. Discuss and deliberate 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 Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261st 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 pending in the 506th Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. A public discussion of City of Denton City Council Minutes December 1, 2009 Page 4 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. B. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART or 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 DART or DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said property 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. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. 1. Discuss and deliberate the appointment, duties and evaluation of Denton’s one appointment and two alternates to the DCTA Board of Directors. D. Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Personnel Matters - Under Texas Government Code 551.074 1. Consultation with the City’s attorneys regarding legal issues associated with personnel matters involving the city manager, city attorney, internal auditor, and/or the municipal court judge where public discussion associated with 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 of Professional Conduct of the State Bar of Texas. Discuss and deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal and/or hear a complaint or charge involving the city manager, city attorney, internal auditor, and/or the municipal court judge. City of Denton City Council Minutes December 1, 2009 Page 5 Regular meeting of the Denton City Council on December 1, 2009 at 7:10 p.m. in the City Council Chambers. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Police Appreciation Day Mayor Burroughs presented the proclamation for Police Appreciation Day. B. Presentation of Images of America - Denton book by Georgia Caraway and Kim Cupit with Denton County Museums. Ms. Caraway and Ms. Cupit presented the Council with a copy of their book and gave a brief presentation on the significance of their book. 3.CONSENT AGENDA Mayor Burroughs noted that Items C and F would be pulled and not considered. Item K would be pulled for separate consideration. A substitute ordinance for 3I would also be considered. Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items C, F, and K. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2009-297 A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving an Agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the Agreement and to expend funds with respect to the Agreement; and providing for an effective date. Ordinance No. 2009-298 B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make application to the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary to obtain a grant under the Emergency Shelter Grant Program; and providing for an effective date. City of Denton City Council Minutes December 1, 2009 Page 6 This item was not considered. C. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music hosted by the Sigma Phi Epsilon and Theta Chi fraternities. The social event will be located at 1025 Maple Street on Friday, December 4, 2009, beginning at 10:00 p.m. and concluding at 1:30 a.m. This request is for an exception to the hours of operation to be extended for the evening concert. This request does not include an increase in decibels; the amplified sound will remain at the allowable 65 decibels. Resolution No. R2009-034 D. Consider approval of a resolution of the City Council of the City of Denton, Texas, certifying funding and support for the 2009 Statewide Transportation Enhancement Program Nomination Form with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct the Hickory Street corridor and entertainment district project under the program and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant; and providing an effective date. The Mobility Committee recommends approval (3-0). Resolution No. R2009-035 E. Consider approval of a resolution of the City of Denton, Texas, certifying funding and support for the 2009 State Wide Transportation Enhancement Program nomination form with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct the Cooper Creek Bike and Pedestrian Trail Project under the program and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant; and providing the effective date. The Mobility Committee recommends approval (3-0). This item was not considered. F. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for an on-site service technician for Fleet Services from Rush Truck Centers of Texas, LP DBA Rush Truck Center, Dallas, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4447-On-Site Service Technician for Fleet Services in an amount not to exceed $100,000). Ordinance No. 2009-299 G. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an agreement by and between the City of Denton, Texas and Carmen Investments, Inc. for the provision of Water and Sanitary Sewer Facilities for Phase IIA of the Country Club Village Addition; and providing an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2009-300 H. Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation (TxDOT) relating to a grant for the Routine Airport City of Denton City Council Minutes December 1, 2009 Page 7 Maintenance Program (RAMP); authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. (TxDOT Project No. AM 2010DNTON and TxDOT CSJ No. M018DNTON). The Airport Advisory Board recommends approval (6-0). Ordinance No. 2009-301 I. Consider adoption of an ordinance authorizing the City Manager to approve a first amendment to an Agricultural Lease Agreement approved by Ordinance 2004-304 dated October 5, 2004, between the City of Denton, Texas and Larry Downe at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (7-0). Resolution No. 2009-036 J. Consider approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton and the Texas Commission on Environmental Quality (TCEQ) granting a license to the TCEQ for an Air Pollution Monitoring Station; and declaring an effective date. The Airport Advisory Board recommends approval (7-0). Resolution No. 2009-037 K. Consider approval of a resolution regarding the term of the Employment Agreement, dated June 5, 2007, between the City of Denton and the City Auditor, said term providing for automatic renewal of one year unless a written notice of no less than thirty (30) days is provided prior to January 1, 2010. This item was considered after Public Hearing B. Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to approve the resolution changing the term of the employment agreement to end on March 1, 2010 rather than January 1, 2010. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Item 5D was considered. D. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer and providing an effective date. The Mobility Committee recommends approval (2-0). Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to approve the resolution appointing Guy McElroy as the member to the Board of Directors of the Denton County Transportation Authority. No alternates would be appointed at this time. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes December 1, 2009 Page 8 4. PUBLIC HEARINGS Ordinance No. 2009-302 A. Hold a public hearing and consider adoption of an ordinance regarding a Concept Plan and Detail Plan for property located within the Wheeler Ridge Planned Development District (PD-176). The Concept Plan contains approximately 9.08 acres and the Detail Plan contains approximately 4.05 acres located within the boundaries of the Concept Plan. The applicant is proposing to develop a 176,537 square foot self-storage facility. The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road; and the ordinance provides for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z08-0019) The Planning and Zoning Commission recommends approval (5-1). Chuck Russell, Planning Supervisor, stated that this request combined the amendment of the concept plan and approval of the detailed plan. He reviewed the details of the Planned Development District which was primarily a residential planned development and the history of the District. There were several big zoning issues to consider including access and uses. The Planning and Zoning Commission had recommended approval with three conditions which were noted. The proposed use of the property was for multiple commercial uses which was not out of character with the zoning designation; however, the driveway design standards proposed by the applicant were inconsistent with the Denton Development Code. Russell reviewed the options for access to the property. He noted that the staff version had not been reviewed by the Planning and Zoning Commission. The Landscape Plan had been submitted by the applicant. It was approved and consistent with the Development Plan. Council Member Watts noted that Option 4 looked different from the backup and asked if it had changed. Russell replied that Engineering had updated what was in the backup materials. PS Arora, Division Manager, indicated that there were four options for the applicant and that all options met DDC requirements. He showed the options for access to the property. Council Member Watts asked about a solid median through the property frontage on Teasley. Arora stated that the City could ask for access through the median at the public street area. He indicated that there were two code requirements that affected the property. One was if access was from a lesser street then that was the access that would be granted. The second was a requirement that in order to have an additional access on an arterial street it would have to be warranted by vehicular trip generation. If warranted, the second driveway would be on Robinson Road. Council Member Mulroy indicated that the Development Code set the parking requirements by use and not by trips. City of Denton City Council Minutes December 1, 2009 Page 9 Arora stated that was correct. Two driveways would be allowed on Robinson Road and a third on Teasley Lane if proved up by traffic counts. Council Member Mulroy stated that the Development Code detailed how far approaches should be apart plus fire department standards and asked if the proposed driveways met those standards. Arora replied no. Council Member Mulroy asked for an explanation of the fire department criteria for driveways. Arora indicated that he did not have that information. Council Member Mulroy noted that they were being asked to make a decision based on regulations rather than normal development standards. Arora demonstrated the driveways that were suggested to the applicant. Mayor Burroughs questioned the access locations suggested by the applicant and whether the suggested access on Teasley met TxDot requirements for distance separation or would a variance have to be obtained. Arora replied that the applicant would have to ask TxDot for a variance. Council Member Watts stated that the suggested access on Robinson Road did not meet distance requirements both in the DRC and applicant's proposal. He felt it did not make sense trying to do driveways when there was no detail plan at this point in time. Council discussed driveway access and proposed plans from staff, the Development Review Committee and the applicant. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Lee Allison, representing the applicant, in support Rick Jones, developer, in support Council Member Watts questioned the need for three driveways. Allison replied a driveway with direct access was more apt to attract customers. He stated they could compromise and get by with two drives, one on Teasley and one on Robinson. Council Member Watts stated that they were asking for a drive cut on an arterial from the outset without proving up the traffic count. Council had the detailed development plan for the units but not the traffic count to support a driveway on a major arterial. Mayor Burroughs asked if Council approved the three entrances and the detail plan did not generate the required number of trips, would a driveway be closed. City of Denton City Council Minutes December 1, 2009 Page 10 Arora stated that the third drive could not be built unless the approved detailed plan justified the number of trips. Allison stated that they were asking for a variance to the driveway conditions in order to have three driveways, two entrances on Teasley and the alternate on Robinson. Council discussed the driveway alternatives with the petitioner and staff. The Mayor closed the public hearing. Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to adopt the ordinance with the following conditions: the applicant would provide a 20-foot landscape buffer on the south and east side of the site; access from Teasley Lane to the site would be restricted to a right-in and right-out driveway which the owner would be responsible for construction of a right turn lane per city standards; the eastern-most driveway from Robinson Road to the site would be permitted upon the completion of a right turn lane on eastbound Robinson Road and a left turn lane on westbound Robinson Road into the driveway; the western-most access from Robinson Road would be prohibited until the City Engineer verified that the total traffic count exceeded 10,000 trips per day for the entire 9.08 acre site; the owner would provide a terminus at Lost Pony Drive with a pedestrian and bicycle connectivity; and the southern and eastern rear walls of the self storage structure would be constructed as per the elevation shown in Exhibit D of the ordinance with the main facility office constructed as per Exhibit C of the ordinance. Council Member Engelbrecht stated that he was still having problems with the location on Teasley and did not feel it was a good idea. On roll call vote, Council Member Watts "nay", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried with a 5-1 vote. Ordinance No. 2009-303 B. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 1.76 acres of land from a Downtown Residential 2 (DR-2) zoning district to a Downtown Commercial General (DC-G) zoning. The property is generally located east of Bonnie Brae Road, north of Hickory Street and south of Oak Street and is commonly known as Lots 3, 4, 5 & 6, Block A of the Whitten Addition and Lots 4 and 5, Block 1 of the Oak Street Terrace Addition, Denton, Texas. (Z09-0008) The Planning and Zoning Commission recommends approval with a restrictive overlay (6-0). Mark Cunningham, Director of Planning and Development, reviewed the details of the proposal. He stated that the proposal was to rezone in order to develop medical offices on the site. The Planning and Zoning Commission recommended approved with the following overlay restrictions: industrial uses would not be permitted; all residential uses would require a specific use permit approval and residential density could not exceed 30 units per acre. The Mayor opened the public hearing. City of Denton City Council Minutes December 1, 2009 Page 11 Larry Reichhart, representing the petitioner, spoke in favor. The Mayor closed the public hearing. Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Consent Agenda Item K was considered. Motion and vote shown at the Consent Agenda Item K location in the minutes. Ordinance No. 2009-304 C. Hold a public hearing and consider adoption of an ordinance providing for a zoning change from the Downtown Residential 1 (DR-1) zoning district classification and use designation to the Downtown Commercial General (DC-G) zoning district classification and use designations, comprising 0.2213 acres of land located south of Eagle Drive, east of Cleveland Street and west of Carroll Boulevard. (Z09-0007) The Planning and Zoning Commission recommends approval (5-0). Mark Cunningham, Director of Planning and Development, presented Items C and D together. He stated that the applicant was proposing to integrate both sites into the existing DC-G zoning district for future retail/commercial development. Retail sales and services were not allowed in the existing DR-1 zoning district. The Planning and Zoning Commission recommended approval of both zoning change requests. The Mayor opened the public hearings for both C and D. No one spoke during the public hearings. The Mayor closed the public hearings. Council Member Watts motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance for Item C. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2009-305 D. Hold a public hearing and consider adoption of an ordinance providing for a zoning change from the Downtown Residential 1 (DR-1) zoning district classification and use designation to the Downtown Commercial General (DC-G) zoning district classification and use designation, comprising 0.42 acres of land located south of Eagle Drive, east of Cleveland Street and west of Carroll Boulevard. (Z08-0020) The Planning and Zoning Commission recommends approval (5-0). The public hearing for this item was held with Item C. City of Denton City Council Minutes December 1, 2009 Page 12 Council Member Watts motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2009-306 E. Hold a public hearing and consider adoption of an ordinance granting approval of a Public Utility Easement for subsurface use of a portion of the Denton Branch Rail Trail South of Loop 288 near milepost 724.1 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Bob Tickner, Park Planner, presented information on Items E and H. Item E dealt with a request from the Engineering Department to use the parkland to extend a water line. After all possible alternatives were reviewed, the staff recommended approval as there would be no major impact on current park operations or programs. Reasonable planning had been utilized to minimize harm to the land. Item H dealt with a request from Denton Municipal Electric to use parkland to provide new subsurface electric service. After reviewing all alternatives, staff recommended an easement agreement with specific conditions for a subsurface electric line crossing. Staff confirmed that the City had investigated all other alternatives and had used prudent and reasonable planning to minimize harm to the land. Public hearings were required due to the use of park property for uses other than park uses. The Mayor opened the public hearings for Items E and H. Bob Clifton, 1800 Morse, Denton, 76205, spoke in opposition to Items E and H. The Mayor closed the public hearings. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance for Item E. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. F. Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a subsurface use of a portion of the Denton Branch Rail Trail approximately 260 feet north of Mayhill Road at Mile Post 725.1 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date. This item was not considered. G. Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a overhead use of a portion of the Denton Branch Rail Trail approximately 600 feet north of Pockrus Page Road at Mile Post 725.58 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date. City of Denton City Council Minutes December 1, 2009 Page 13 This item was not considered. Ordinance No. 2009-307 H. Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a subsurface use of a portion of the Denton Branch Rail Trail approximately 1,742 feet north of Lakeview Boulevard at Mile Post 726.22 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date. The public hearing for this item was held with Item E. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. I. Hold a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton. The Mayor opened the public hearing. Council Member Mulroy motioned, Council Member Engelbrecht seconded to continue the public hearing to the December 8, 2009 meeting. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION A. Tabled - 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 recommends approval (3-0). (Tabled from March 3, 2009) Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to remove the item from the table. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Bob Clifton, 1800 Morse, Denton, 76205 submitted a Speaker Card in opposition. B. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Contract of Sale by and between the City of Denton, Texas ("City") and the Dallas Area Rapid Transit Authority ("DART") transferring the Denton Rail Corridor, consisting of those lands described in that certain Quitclaim, City of Denton City Council Minutes December 1, 2009 Page 14 dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001- R0057561, and as corrected by Correction to Correction Quitclaim Deed, dated June 28, 2001, County Clerk File No. 2001-R0076013, all recording references to the Real Property Records of Denton, Texas. City Manager Campbell suggested that the item be continued to the December 8, 2009 meeting. Bob Clifton, 1800 Morse, Denton, 76205 submitted a Speaker Card in opposition. Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded continue the item to the December 8, 2009 meeting. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. C. Consider adoption of an ordinance of the City of Denton, Texas, expanding and extending the term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, as extended on September 15, 2009, and as extended and expanded on September 22, 2009 and as extended on November 3, 2009 (as amended and extended, the "Right of Entry") in favor of the Denton County Transportation Authority (DCTA) and authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing activity as described in the Right of Entry; and providing and effective date. Bob Clifton, 1800 Morse, Denton, 76205 submitted a Speaker Card in opposition. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded continue the item to the December 8, 2009 meeting. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. D. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer and providing an effective date. The Mobility Committee recommends approval (2-0). This item was considered after the Consent Agenda. E.Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: City of Denton City Council Minutes December 1, 2009 Page 15 a. Bob Clifton regarding redistricting. Bob Clifton spoke on redistricting and indicated that the area State districts would be changing. He felt southeast Denton was wrecked due to railroad. He stated that redistricting should be done by population and needed to be done properly with a great deal of thought. 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 AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. There were no items suggested. 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. __________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS