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December 15, 2009 MinutesCITY OF DENTON CITY COUNCIL MINUTES December 15, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 15, 2009 at 3:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tern 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 15, 2009. Council Member Watts questioned the cost of the roof replacement at City Hall East in Consent Item 3A. He stated that it was high in comparison to the other estimates for roof replacements. Dean Hartley, Facilities Manager, stated that the City had a roofing consultant they worked with regarding roof replacements on City buildings. He stated that normally they were able to get 15- 20 year warranties on roof replacements. The cost of the roof replacement at City Hall East was because of the type of roof. Watts questioned the cost of the replacement slide for the Water Park and whether we would receive any monies from an insurance claim. Langley stated that the City was self-insured on property issues. The City had a $50,000 deductible on property damage. Some insurance proceeds would be used in conjunction with the $250,000 from the Parks gas well funds. 2. Receive a report, hold a discussion, and give staff direction regarding the use of gas well funds. Bryan Langley, Director of Finance, stated that during the FY 2009-10 budget process, Council had requested that staff provide an overview of how gas well funds were utilized in the City. Langley stated that for gas wells on private property, the City received property taxes based on the production capacity of each well. Sales taxes were also collected in some cases. For gas wells on City owned property, the City received royalty payments based on production. He stated that the City also received ad valorem taxes on property interest held by an operator. DCAD estimated that gas well production declined by approximately 60% after the first year. Langley stated that in 2005-06, the City Council developed guidelines for the use and management of gas well funds. Gas well revenue should not be used to fund ongoing expenditures. Only one time payments should be considered due to rapid reduction in production capacity of wells. Council directed staff to deposit all ad valorem and sales taxes related to gas wells in the Non-Airport Gas Well Fund. Airport Gas Well funds should be used to pay Airport related debt service. Airport Gas Well funds should be restricted to Airport capital projects. Repayment of General Fund Subsidy was previously considered but not recommended by the City Council. City of Denton City Council Minutes December 15, 2009 Page 2 Langley stated that prior to FY 2010, the City maintained two gas well funds - Airport gas well fund and Non-Airport gas well fund. Airport gas well funds were restricted to Airport activities due to FAA grants (excluded property and sales taxes). Non-Airport gas well funds could be appropriated for any Council approved purpose. In FY 2010, the Parks gas well fund was created. Due to grants received to buy park property, funds were restricted for park expenditures. Langley stated that the Non-Airport gas well fund was estimated to have a $2.6 million fund balance as of 09/30/10. That estimate included $1.26 million Parks Gas Well Fund transfer and $600K for Projectdox and LaserFiche software systems in the Planning Department. No projects had been identified for future years. The Airport Gas Well Fund was estimated to have a $3.9 million fund balance as of 09/30/10. The estimate included $216,988 for Airport debt service and approximately $1,210,900 in capital projects. The intent was to use funds as a required match for TxDOT/FAA Grants associated with the Airport master plan. Langley stated that the General Fund had subsidized Airport operations by $964,328 over the past six fiscal years and this continued to decline each year. Per the FAA, a six-year repayment of a subsidy was allowed per Federal Register guidelines but staff advised obtaining written approval before proceeding due to revenue diversion concerns. If directed by Council, subsidy repayment would provide a one-time cash infusion to the General Fund. Langley stated that the Parks Gas Well Fund was estimated to have a $100,992 fund balance as of 09/30/10. The estimate included $250K for a Water Works Park slide replacement, $150K for a Senior Center land purchase, $850K for a soccer field project, and $100K for contingency purposes. No projects had been identified for future years. Debt service was paid each year from property taxes to fund projects. Langley stated that the FY 2009-10 long term plan included a 2.5 cent tax increase in FY 2010- 11 and included $500K in unidentified savings. Due to a projected reduction in fund balance, strategies needed to be developed to reduce expenditures and/or increase revenues. If the tax increase was not recommended, an additional $1.6 million in reductions/revenue enhancements would be needed. Various options and strategies would be presented to the Council over the next several months. Council direction was to eliminate the annual transfer from the General Fund to the Airport fund, transfer the $964,328 from the Airport gas well fund to the Non-Airport gas well fund, and pay the Parks debt service with Parks gas well funds. Following the completion of the Work Session, the Council went into Closed Session at 4:40 p.m. 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Discuss legal strategies and alternatives regarding potential litigation or settlement, concerning street failures in a portion of the Wind River subdivisions. City of Denton City Council Minutes December 15, 2009 Page 3 B. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Discuss and deliberate the status of pending mediation and settlement 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 I, 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. Receive a briefing on, discuss and deliberate the terms of a proposed Settlement Agreement regarding the above litigation and the proceedings pending at the Public Utilities Commission of Texas. Provide the City's 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. C. Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Receive a presentation, deliberate and discuss real property and title issues relating to a certain 3.814 acre tract of real property located at the northeast corner of the intersection of Loop 288 and Spencer Road in the City of Denton, Denton County, Texas; and being that same real property conveyed from Douglas and Associates, Inc. to the City of Denton, Texas by warranty deed recorded in Document No. 088905 and filed in the Public Records of Denton County, Texas. Receive a consultation from the City's attorneys regarding the above and foregoing matters. 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 Public Utilities Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. D. Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorney - Under Texas Government Code, Section 551.071. City of Denton City Council Minutes December 15, 2009 Page 4 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. E. Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Consultation, discussion, deliberation, and receipt of information from the city's attorneys involving legal matters relating to possible annexations of property into the City of Denton where 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. F. Consultation with Attorneys - Under Texas Government Code, Section 551.071 and Deliberations regarding Personnel Matters - Under Texas Government Code, Section 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 15, 2009 Page 5 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 Mayor Burroughs presented the 2009 National Night Out-Rookie of the Year Award to the City of Denton Police Department. Police Chief Roy Minter, Captain Lenn Carter, Captain Paul Abbott, and Officer Jim Bryan were present to accept the award. 3. CONSENT AGENDA Ordinance No. 2009-310 A. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,500,000 for funding facility HVAC, flooring, and roof replacements for municipal facilities, and providing an effective date. Ordinance No. 2009-311 B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board contract #281-07 for the acquisition of a Peterbilt 348 water truck for the City of Denton Street Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4454-Purchase of Water Truck For Street Department awarded to Rush Truck Centers of Texas, LP in the amount of $127,518). Ordinance No. 2009-312 C. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the replacement of windows at the City of Denton City Hall located at 215 E. McKinney Street; providing for the expenditure of funds therefor; and providing an effective date (RFSCP 4409-Window Replacement for City Hall awarded to Jones and Jeffery Construction Company, Inc. in the amount of $292,138). Ordinance No. 2009-313 D. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the demolition of an existing slide and installation of a new slide at the City of Denton Water Works Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4440-awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc. in the amount of $355,226). City of Denton City Council Minutes December 15, 2009 Page 6 Ordinance No. 2009-314 E. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of an alternative fuel and truck wash facility at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (Bid 4336-awarded to the lowest responsible bidder meeting specification, Thaten Construction Inc. in the amount of $2,047,685). The Public Utilities Board recommends approval (4-0). Ordinance No. 2009-315 F. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of ProjectDox Plan Review Software for the City of Denton Building Inspections Division from Avolve Software, 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 4446-Purchase of ProjectDox Plan Review Software for Building Inspections in the amount of $282,600). Ordinance No. 2009-316 G. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the lease of fifty four (54) departmental monochrome/digital copiers as approved by the U.S. Communities Government Purchasing Alliance (US Communities Contract # 58795) division; providing for the expenditure of funds therefor; and providing an effective date (Bid 4386-Conventional Copier/Multi-Functional Device Program awarded to Ricoh Business Solutions, Inc. in the annual estimated amount of $88,456 for an estimated three year total of $265,368). Ordinance No. 2009-317 H. Consider adoption of an ordinance awarding a contract for the purchase of products and services for the on-site vehicle parts facility; providing for the expenditure of funds therefore; providing for the expenditure of funds therefore; and providing an effective date (Bid 4379-Vehicle Equipment and Parts awarded to Genuine Parts Company in the estimated amount of 1,750,000 per year for the four year contract. The total award is estimated to be $7,000,000). Ordinance No. 2009-318 1. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a Class "A" Containerized Training Structure and Class "A" Flashover Chamber and related services for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4433-Best Value RFP for Class "A" Training Structure and Related Services awarded to Draeger Safety, Inc. in the amount of $224,795). Ordinance No. 2009-319 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Police Officers Association for the purpose of contributing to their non-profit charitable organization called "Shop With A Cop" which City of Denton City Council Minutes December 15, 2009 Page 7 helps needy children shop for things they need and want for Christmas; providing for the expenditure of funds therefor; and providing for an effective date. ($700) K. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a House Concert hosted by Cassandra Fuhrmann. The House Concert will be located at 616 Woodland Street on March 28, 2010, beginning at 5:00 p.m. and concluding at 8:00 p.m. This request is for an exception in decibels from 65 to 69 decibels. Ordinance No. 2009-320 L. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from 940 Ventures, LLC, from the Downtown Incentive Grant Program not to exceed $20,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (5-0-1). M. Consider approval of the minutes of. November 16, 2009 November 17, 2009 Ordinance No. 2009-321 N. Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Lands Construction for additional sidewalk installation and pathway improvements associated with the Teasley Lane/FM 2181 Pedestrian Way project; providing for the expenditure of funds therefor; and providing an effective date (Bid 3966-Change Order Number One in the amount of $41,082.74). Ordinance No. 2009-322 0. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Settlement Agreement on behalf of the City of Denton, Texas regarding a settlement of the Texas Municipal Power Agency litigation now pending in Travis County and Grimes County, Texas and the proceedings pending at the Public Utilities Commission of Texas; empowering the City Manager to execute any and all documents as are necessary in furtherance and support of said agreement; and providing an effective date. Ordinance No. 2009-323 P. Consider adoption of an ordinance authorizing the City Manager to approve a first amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009, between the City of Denton, Texas and Sykes-Vaughan Investments (US Aviation Group) at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (5-0). Council Member Mulroy motioned, Mayor Pro Tern Kamp seconded to approve the Consent Agenda and accompanying ordinances. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes December 15, 2009 Page 8 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding the rezoning of approximately 1.11 acres of land from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation and a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation with an overlay district, for property located at the intersection of N. Bell Avenue and E. University Drive, and is situated in the N.H. Meisenheimer Survey, Abstract No. 811, in the City of Denton, Denton County, Texas (Z09-0003). The Planning and Zoning Commission recommends approval (5-2). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. Mark Cunningham, Director of Planning and Development, stated that this was a request for rezoning of property located at the northeast corner of Bell Avenue and E. University Drive. The site was comprised of three undeveloped lots and an alleyway. Two of the lots were located within the Bell Avenue Historic Conservation District. The applicant was now proposing to develop the site with four duplex units and two single family units - a total of ten dwelling units (reducing the proposed number of dwelling units on the site from twelve to ten). The maximum allowable density in the proposed NRMU-12 zoning district was 12 dwelling units per acre. The applicant was scheduled to go before the Historic Landmark Commission on December 14 per Council direction. Cunningham stated that duplexes were prohibited within the existing NR-3 zoning district but were an allowed use within the existing NR-4 district with a limitation. There were currently five to six duplex homes located within the Bell Avenue Historic Conservation District. Duplexes were permitted in the proposed NRMU-12 district without any limitations and at a density of twelve dwelling units per acre. Rezoning this site to an NRMU-12 district would allow the applicant to develop the property as shown in the concept plan. Cunningham stated that the proposed overlay district limited the permitted uses on the site to single-family dwellings, duplexes and home occupations. The maximum allowed density as proposed was nine dwelling units per acre. Cunningham stated that staff had received two property owner responses in favor, twelve opposed, and one neutral to the proposed rezoning. The twelve responses in opposition represented over 34% of the land within the notice area and the application would need to be approved by a supermajority vote of the Council. Council Member Watts questioned the maximum allowed density of nine dwelling units per acre and wanted to know if a duplex consisting of two units was considered one dwelling unit or two dwelling units. Cunningham stated that a duplex was two units that were attached. Each unit would be considered a separate unit. The size of the lot allowed the applicant to build an additional unit. The applicant was proposing four duplexes and two single-family units. City of Denton City Council Minutes December 15, 2009 Page 9 Council Member Mulroy stated that in the backup there was a statement in regard to site maintenance, but noted that he did not see it as a condition in the ordinance, and wanted to know the proper way to memorialize that as part of the zoning overlay. Cunningham deferred the questions to the City Attorney. City Attorney Burgess stated that condition was not specified in the ordinance. Mulroy stated that in the Planning and Zoning Commission minutes, the site plan was presented as part of the overlay but he did not see it in the ordinance and if using a site plan then was that a PD. Cunningham stated that the site plan was not included as part of the overlay. Mulroy asked about the number of bedrooms and parking spaces. Cunningham stated that the number of parking spaces needed would be two parking spaces for each two or three bedroom unit. Discussion followed regarding the site maintenance issue. City Attorney Burgess stated that generally site maintenance requirements were not a condition of an overlay, as it did not have anything to do with the use. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Rod Taylor, 1300 Apache Trail, Corinth, spoke in support of the development DeCarlo Noble, 3400 Mustang, spoke in support Bobbie Halpenny, 1816 Bell Avenue, spoke in opposition Gary Hayden, 2106 N. Bell Avenue, spoke in opposition Steven Ambuehl, 2007 N. Bell Avenue, spoke in opposition Angela Stripling, 1815 N. Bell Avenue, spoke in opposition Ernie Stripling, 1815 N. Bell Avenue, spoke in opposition Carrie Ettredge, 606 Woodland, spoke in opposition Deb Conte, 2106 N. Bell Avenue, spoke in opposition Victoria Hodge, 1823 N. Bell Avenue, spoke in opposition Brian Wheeler, 1823 N. Bell, spoke in opposition Comment cards were received from the following individuals: JoAnn Nunnelly, 2215 Houston Place, opposition Elise Ridenour, 2044 West Oak, opposition Ed and Carol Soph, opposition Aimee Smith, 1807 N. Bell Avenue, opposition Tim Smith, 1807 N. Bell Avenue, opposition City of Denton City Council Minutes December 15, 2009 Page 10 David Wright, 1819 W. Oak, opposition Brandt Davis, 1902 N. Bell Ave., opposition Patrice Phelan Lyke, 1109 Egan Street, opposition Rick Smith, 1920 N. Bell, opposition Matthew Naylor, 1912 N. Bell, opposition Jane Hendricks, 10 14 Hillcrest, opposition Leona Langford, 2219 Houston Place, opposition Steven Friedson, 2044 W. Oak, opposition Jon-Paul LaQuaglia, 317 W. Highland St., opposition Kathryn Bryant, 317 W. Highland St., opposition Dixie Stevenson, 1910 West Oak, opposition Dora Sloan, 2207 Houston Place, opposition Rebecca Harpool, 2222 Houston Place, opposition The Mayor closed the public hearing. A five-minute rebuttal was allowed. Mr. Taylor stated that they would make sure the aesthetics for the buildings would fit in with the neighborhood and that they were willing to make any modifications that were necessary so that the project moved forward. Council Member Gregory motioned, Council Member Mulroy seconded to deny the rezoning. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2009-324 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding the rezoning of approximately 19.858 acres of land from a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation. The property is generally located east of Hinkle Drive, 960 feet north of U.S. 380 and 1,285 feet south of Headlee Street and is situated in the Robert Beaumont Survey, Abstract No. A-31 in the City of Denton, Denton County, Texas (Z09-0009). The Planning and Zoning Commission recommends approval (7-0). Mark Cunningham, Director of Planning and Development, briefed the Council regarding the rezoning of property east of Hinkle Drive, north of U.S. 380 and south of Headlee Street. The applicant was requesting the change in zoning in anticipation of development of an elderly housing (nursing home) facility. The NR-4 zoning district did not permit elderly housing as a use. Staff had received six property owner responses with four in opposition to the request and two neutral. Jim Dewey with JR Engineers, 2500 Texas Drive in Irving, spoke on behalf of the property owner, and stated that the owner wanted to build a nursing home. Staff was favorable with the use but recommended going with NRMU-12 zoning. NRMU-12 zoning would allow another use if they didn't get the permit for a nursing home. Council Member Mulroy asked for the definition of elderly housing. City of Denton City Council Minutes December 15, 2009 Page 11 Cunningham stated that elderly housing was defined as a structure where 80% of its occupants were 55 and older, and fell into one of the following categories-assisted living, congregate care facility, or life care housing and services. The Mayor opened the public hearing. Jim Dotson, 1202 Tulane Street, spoke in opposition The Mayor closed the public hearing. Mayor Pro Tern Kamp motioned, Council Member Watts 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 Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2009-325 C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding the rezoning of approximately 5.961 acres of land from a Neighborhood Residential 2 (NR-2) zoning district classification and use designation and a Rural Residential 5 (RD-5) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation for property located at the northwest corner of Teasley Lane and Old Alton Road, and is situated in the J.C. Baker Survey, Abstract No. 47, in the City of Denton, Denton County, Texas (Z06-0033). The Planning and Zoning Commission recommends approval (7-0). Mark Cunningham, Director of Planning and Development, stated that he would present Item C and D together. He stated that ONCOR Electric was requesting to rezone the site to allow for the construction of an electrical substation. They were also requesting a Specific Use Permit for the site. ONCOR's projections for the area indicated that the anticipated load on the on the existing Corinth Substation would be 150% of capacity by 2010. The request for rezoning was to change the zoning from NR-2 and RD-5 zoning districts to NRMU zoning district. An electrical substation required approval of a Specific Use Permit when located in the NRMU district. The Mayor opened the public hearing for Items C and D. Dallas Cothrum, 900 Jackson, Dallas, representing ONCOR Electric Delivery, spoke on behalf of the applicant Jerry Reagan, Pastor of Life Line Church, spoke in support The Mayor closed the public hearing. Council Member Mulroy motioned, Mayor Pro Tern 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 Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes December 15, 2009 Page 12 Ordinance No. 2009-326 D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit to allow an electrical substation on approximately 5.961 acres of land, generally located at the northwest corner of Teasley Lane and Old Alton Road, and is situated in the J.C. Baker Survey, Abstract No. 47, in the City of Denton, Denton County, Texas (506-0012). The Planning and Zoning Commission recommends approval (7-0). The public hearing for this item was held with Item C. Council Member Watts motioned, Council Member Gregory seconded to adopt the ordinance for Item D. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2009-327 E. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit for a restaurant drive-through facility on approximately 0.8213 acres of land, located at 701 Fort Worth Drive, situated in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas (509-0005). The Planning and Zoning Commission recommends approval (7-0). Mark Cunningham, Director of Planning and Development, stated that this was a request for a Specific Use Permit for a Taco Bell restaurant at 701 Ft. Worth Drive. Public notification information was sent to five property owners and staff had received zero responses. The Mayor opened the public hearing. David Gregory, Icon Consulting Engineers, representing Taco Bell, spoke on behalf of the applicant The Mayor closed the public hearing. Council Member Mulroy motioned, Mayor Pro Tern 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 Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. F. Continuation of a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Rapid Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton and consideration of an ordinance granting approval for the sale and transfer of the Denton Branch Rail Trail from approximately Mile Post 721.89 to Mile Post 729.5 for the purpose of a commuter railroad in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. City of Denton City Council Minutes December 15, 2009 Page 13 Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to continue the public hearing to the January 12, 2010 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. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Contract of Sale/Option Agreement, as appropriate, 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, 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. This item was not considered at this time. B. 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. C. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs announced that the Council would continue the Closed Session portion of the meeting. D. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. City of Denton City Council Minutes December 15, 2009 Page 14 With no further business, the Open Session was adjourned at 10:55 p.m. Council went into Closed Session at 10:55 p.m. Council adjourned Closed Session at 11:05 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS