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May 5, 2009 Minutes CITY OF DENTON CITY COUNCIL MINUTES May 5, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 5, 2009 at 4:30 p.m. in the Council Work Session Room. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, Thomson and Watts. ABSENT: None 1.The Council considered requests for clarification of agenda items listed on the agenda for May 5, 2009. City Manager Campbell stated that Item 3E would be pulled from consideration as it was not ready for council consideration. He also indicated that Item 5B was recommended for denial by staff. Mayor Burroughs questioned the policy of looking at other engineering services for expertise as it related to Item 3F. Frank Payne, City Engineer, stated that state law did not require a request for proposal for professional services. This firm was chosen because it had a lot of experience and history with this project so it made sense to continue with the firm on this project. 2.The Council received a report, held a discussion, and gave staff direction regarding development and submission of funding applications by the City of Denton under the American Recovery and Reinvestment Act. Barbara Ross, Community Development Coordinator, stated that staff was researching federal websites for grants and current information. The only application submitted thus far was a COPS grant and a water/wastewater application submitted to the Texas Water Development Board. Other areas such as environmental grants and community development block grants were still being developed. The Police Department was working with the County on a grant and Fleet was working with the County on a diesel emissions reduction grant. th Ken Banks, Environmental Quality Manager, stated that they had until June 25 to make initial applications for energy related grants. They intended to apply for grants and get applications in as soon as possible. Programs would have to be in place before the funding was received. 3.The Council received a funding recommendation report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). The Council held a discussion regarding the proposed 2009 Action Plan for Housing and Community Development and gave staff direction. Barbara Ross, Community Development Administrator, introduced Ron Aldridge, Chair of the Community Development Advisory Committee. Aldridge introduced committee members that were present at the meeting. He stated that the committee had received and reviewed 14 applications for housing and infrastructure improvements and had provided the council a list of recommendations in the backup. He stated that the committee felt this was a good distribution of the available funds. City of Denton City Council Minutes May 5, 2009 Page 2 Jan Hillman, Vice Chair of the Human Services Advisory Committee, stated the committee had received and reviewed 19 applications for social services program funding and had ranked the agencies based on standards provided to them. Ross stated that staff had developed the 2009 Action Plan using the recommendations from each committee. Consensus of the Council was to proceed with the next step in the process. 4.The Council received an update, held a discussion and gave staff direction regarding Denton Television Network (DTV) and proposed upgrades to the Council Chamber and the City Council Work Session Room. Billy Matthews, Cable Television Supervisor, reviewed accomplishments during the last seven months. He stated that DTV staff had re-vamped the entire look and feel of DTV Newsbreak including the content, graphics, music, announcer, branding, etc. He stated that they had improved the process of editing and assembling the program. Matthews stated that current projects included a fourth commercial for DME, a commercial for WaterWorks that would air later this month, and a PSA for the Police Department about LOCK, TAKE and HIDE. DTV staff had produced the DentonMD.org commercial in conjunction with Economic Development. He also stated that DTV had relocated their TV studio from City Hall West to the basement at City Hall. Matthews stated that staff had initiated a partnership with UNT and had some students reporting for DTV Newsbreak and also had an entry level broadcast journalism class that had helped with DTV. They had been in rotation running the camera at public meetings and observing DTV Newsbreak. Matthews stated that some camera and audio renovations in the Work Session Room and the Council Chambers were in progress. The PEG fees would fund these improvements. The Mayor asked to revisit Work Session Item 1 and announced Denton ISD was reopening on May 7. City Manager Campbell announced that the May 12 meeting would be cancelled unless the council advised otherwise. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:25 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A. Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorney – Under Texas Government Code Section 551.071. City of Denton City Council Minutes May 5, 2009 Page 3 1. The Council 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. B. Consultation with Attorneys – Under Texas Government Code, Sec. 551.071. 1. The Council consulted with City’s attorneys on legal issues, relating to litigation styled Collegiate Community Outreach d/b/a UNT Chi Alpha, et al. v. City of Denton, et al., Cause No. 4:07cv564, currently pending in the US District Court, Eastern District, Sherman Division. 2. The Council received a briefing and further status report from the City’s attorneys regarding the litigation entitled The City of Denton, Texas v. The University of North Texas, Cause No. 2008-20043-158, now pending th before the 158 Judicial District Court in and for Denton County, Texas; discuss, 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. The Closed Meeting adjourned at 6:47 p.m. Regular Meeting of the City of Denton City Council on Tuesday, May 5, 2009 at 6:52 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. City of Denton City Council Minutes May 5, 2009 Page 4 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Presentation of the Reliable Public Power Provider Recognition Award to Denton Municipal Electric 2. Presentation of “National Day of Prayer” proclamation 3. Presentation of “Motorcycle Safety and Awareness Month” proclamation 4. Presentation of “Children’s Mental Health Awareness Month and Day” proclamation 5. Presentation of “National Nurses Week” proclamation 6. Presentation of “Denton Memorial Day” proclamation 7. Presentation of “Drinking Water Week” proclamation Mayor Burroughs presented the Reliable Public Power Provider Recognition Award. Mayor Burroughs presented proclamations for National Day of Prayer, Motorcycle Safety and Awareness Month, Children’s Mental Health Awareness Month and Day, National Nurses Week, Denton Memorial Day, and Drinking Water Week. The Council considered item 5E. Mayor Burroughs announced that the Denton ISD would reopen on Thursday, May 7. 3. CONSENT AGENDA Mayor Burroughs stated that Item E would be pulled from consideration per staff’s request. Mayor Burroughs stated that Item L would be removed from the Consent Agenda for separate consideration. Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances with the exception of Items E and L. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Item L was considered. Watts motioned, Kamp seconded to approve Item L. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Mulroy abstained. Motion carried (6-0). A Approved a request for an exception to the noise ordinance for amplified sound on a Sunday for the purpose of the Apollo Time and the Music Time events. Apollo Time and Music Time events are scheduled for the following Sundays: July 5, July 12, July 19, 2009, from 5:00 p.m. until 10:00 p.m. and Sunday, July 26, 2009, from 5:00 p.m. until 10:30 p.m. The events will be held in Fred Moore Park. Mr. Harold Jackson, the event organizer, is specifically asking for an exception to the noise ordinance to allow for amplified sound on Sundays. City of Denton City Council Minutes May 5, 2009 Page 5 B. Approved a request for an exception to the noise ordinance for the purpose of a music festival, for the 3rd Annual Summer Showdown, sponsored by the North Texas State Fair Association located at 2217 N. Carroll Blvd. The event is to be held on Saturday, June 13, 2009, beginning at 12:00 noon and concluding at 12:30 a.m. The exception is specifically requested for extension of the hours of operation for amplified sound. C. 2009-105 – An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas, and the One Hundred Club of Denton; providing for the expenditure of funds; and provide for an effective date. ($650) D. 2009-106 – An ordinance accepting competitive bids and awarding an annual contract for the purchase of various sizes of front load refuse containers for the City of Denton Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4283–Annual Contract for Front Load Refuse Containers awarded to the lowest overall bidder Wastequip in the annual estimated amount of $150,000). The Public Utilities Board recommended approval (5-0). E. This item was pulled – An ordinance awarding a 36-month contract for the lease of production printing equipment for the Reprographics Division as approved by the State of Texas Building and Procurement Commission through a Texas Association of School Boards (TASB) catalogue; providing for the expenditure of funds therefor; and providing an effective date (File 4307–Lease of Production Printing Equipment to IKON Office Solutions, Inc. in the annual amount of $90,264 for a 36-month total amount of $270,792). F. 2009-107 – An ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for design and engineering services relating to the Eagle Drive Drainage System for the City of Denton Engineering Department: providing for the expenditure of funds therefor; and providing an effective date (File 4309–awarded to Teague Nall and Perkins in an amount not-to-exceed $304,800). The Public Utilities Board recommended approval (5-0). G. 2009-108 –An ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with IMS Infrastructure Management Services, LLC for an automated roadway inspection and evaluation as set forth in the contract; providing for the expenditure of funds therefor; and providing for an effective date (RFSP 4091 awarded to IMS Infrastructure Management Services, LLC in an amount not to exceed $347,250). H. 2009-109 – An ordinance authorizing the City Manager or his designee to execute a cost reimbursement agreement between the City of Denton and TxDOT, for TxDOT’s reimbursement, upon the City’s submittal of appropriate bill(s) of sale, of the City’s costs in purchasing various traffic signal control equipment at various intersections within the limits of TxDOT’s Loop 288 project as provided for in the agreement’s attachments; providing for the temporary expenditure of funds thereof; and providing for an effective date in an amount to be reimbursed by TxDOT not to exceed $213,391.00. City of Denton City Council Minutes May 5, 2009 Page 6 I. 2009-110 – An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Loop 288 traffic radar equipment from Twincrest Technologies 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 4294–Purchase of Traffic Radar Equipment for Loop 288 in the amount of $189,346). J. 2009-111 – An ordinance of the City of Denton, Texas partially abandoning and vacating a public utility easement from Epic Development, Inc. To the City of Denton, recorded by County Clerk File Number 94-R0032573 of the Real Property Records of Denton County, Texas, in the J. White Survey, Abstract No. 1433, Denton County, Texas; and declaring an effective date. K. 2009-112 – An ordinance authorizing the City Manager to execute a water main cost participation agreement between the City of Denton, Texas and Allegiance Hillview, L.P. for the City’s participation in the oversizing of water mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. (In the not-to- exceed amount of $113,403.50) The Public Utilities Board recommended approval (4-0). L. 2009-113 – An ordinance of the City of Denton, Texas, approving an Amendment to an Economic Development Program Grant Agreement dated March 23, 2004 between the City of Denton and Windjammer, Ltd., assigning the Agreement to NorthStar Bank of Texas; and providing an effective date. M. 2009-114 – An ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with Utility System Revenue Bonds with an aggregate maximum principal amount equal to $10,250,000 so that Denton Municipal Electric can continue funding ongoing capital expenditures for expansion of the distribution and transmission electric facilities; and providing an effective date. 4. PUBLIC HEARINGS A.The Council held a public hearing inviting citizens to comment on the City of Denton’s2009 Action Plan for Housing and Community Development. Barbara Ross, Community Development Administrator, stated that the Action Plan served as the City’s application for the CDBG and HOME programs. The 2009 Plan included activities recommended for funding by the Community Development Advisory Committee and the Human Services Advisory Committee. It also included CDBG and HOME administration funding. Ross read a statement from Richard Taliaferro, who was not able to be present. The Mayor opened the public hearing. No one spoke during the public hearing. City of Denton City Council Minutes May 5, 2009 Page 7 The Mayor closed the public hearing. No action was required by Council on this item. B.The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending Subchapters 5 and 23 of the Denton Development Code to specify those zoning district classifications allowing Wrecker Services and Impound Lots, and to define Wrecker Services and Impound Lots in Subchapter 23; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08-0010) The Planning and Zoning Commission recommended approval (6-0). Mark Cunningham, Director of Planning and Development, stated that this was a staff-initiated Development Code amendment. Currently, the Code did not permit Wrecker Services and Impound Lots in any of the City’s zoning districts, nor was the use defined in Subchapter 23 “Definitions.” Staff was proposing to add Wrecker Services and Impound Lots within the Employment Center Commercial (EC-C) and Employment Center Industrial (EC-I) zoning districts with an SUP and Limitation L(29). In addition, permit Wrecker Services and Impound Lots within the Industrial Center Employment (IC-E) and Industrial Center General (IC-G) zoning districts with a Limitation L(29). The Limitation 29 referred to the compliance to Texas Administrative Code: All stored vehicles should be screened from all rights-of-way and residential uses and zoning districts. Parking and vehicle storage areas associated with wrecker services and impound lot activities were not allowed with undeveloped floodplain, water-related habitat, and environmentally sensitive areas. Subject sites would comply with best management practices in relationship to parking areas and storm water management. Staff also proposed adding the definition of Wrecker Services and Impound Lots to the Code. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2009-115 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 5 AND 23 OF THE DENTON DEVELOPMENT CODE TO SPECIFY THOSE ZONING DISTRICT CLASSIFICATIONS ALLOWING WRECKER SERVICES AND IMPOUND LOTS, AND TO DEFINE WRECKER SERVICES AND IMPOUND LOTS IN SUBCHAPTER 23; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (DCA08-0010) City of Denton City Council Minutes May 5, 2009 Page 8 Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. C.The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential 6 (NR-6) zoning district classification and use designation for 0.367 acres of land located at the northwest corner of Ruth Street and Cross Timber Street, and is legally described as Block 11, Lot 6 of the Alex Robertson Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and an effective date. (Z08- A 0005) The Planning and Zoning Commission recommended denial (7-0). SUPERMAJORITY C . VOTE BY OUNCIL IS REQUIRED FOR APPROVAL Mark Cunningham, Director of Planning and Development, stated that this was the Roosevelt Washington case. The property was located at the northwest corner of Ruth and Cross Timber Streets. The applicant was requesting to rezone the property from NR-3 to NR-6 to allow duplexes which he would develop as rental property. Currently there was a vacant single-family home on the lot, which the applicant intended to demolish. The use of duplexes on the lot was consistent with the surrounding land uses in the area, but the proposed zoning of NR-6 was not. The existing duplexes were permitted prior to the city-wide rezoning in 2002. These duplexes were now considered special exceptions. All adjacent properties were zoned NR-3 and NR-4. He stated the applicant also wanted to subdivide the lot into two lots of approximately 8,200 square feet each. The request for rezoning had to be approved prior to replatting because the proposed lots would not meet the minimum size requirements of the existing zoning district. Cunningham stated that staff recommended denial of the applicant’s request because it would create an isolated zoning district for a single lot that was surrounded by a much larger area which was uniformly zoned. The Mayor opened the public hearing. Roosevelt Washington, Jr., 2125 Woodbrook, Denton, 76205, spoke in favor. Council Member Watts asked Mr. Washington when he purchased the property. Washington replied in 2007. Council Member Watts asked Mr. Washington if he was aware of any potential problems with the property when he purchased it. Washington replied no that the property was a duplex when he purchased it. Carolyn Phillips, 901 Baldwin, Denton, 76205, spoke against the proposal. City of Denton City Council Minutes May 5, 2009 Page 9 Mayor Burroughs stated that the zoning across the street was NR-4 which would allow for two single family homes to mirror the current lots. He asked Ms. Phillips how she would feel about that arrangement. Ms. Phillips felt that she would be more favorable to such a proposal but could not speak for others. Council Member Thomson asked if the house was a duplex before it was torn down. Cunningham stated that staff could only find that it was a single family home. Mayor Pro Tem Kamp asked if the only way to develop the property was for NR-4 zoning. Cunningham stated that with NR-3 zoning, a single family detached home could be built which was allowed by right. As the lots were undersized, once a structure was built, it would still be a nonconforming development as the lots were less than 10,000 square feet. Mayor Pro Tem Kamp asked about neighborhood objection to the proposal. Cunningham stated that the neighborhood was against the staff proposal as well as the NR-6 zoning. They wanted the zoning to remain NR-3. Council Member Watts questioned how to maximize the potential for the developer and maximize the potential for the neighborhood. He asked what would be the harm in NR-4 zoning with platting in the same lot sizes as the surrounding lots. Council Member Thomson stated that NR-4 zoning would not be spot zoning as that zoning was across the street. Cunningham stated that NR-4 zoning would be an extension of the zoning across the street. Mr. Washington was allowed a five minute rebuttal. He stated that if he could have NR-4 zoning he would build two single- family homes for sale or rent. The duplex issue was too confusing and he would drop that proposal. Council Members Mulroy and Heggins both asked Mr. Washington if he would build two single family homes on split lots. Washington replied correct. Council Member Heggins stated that it would change her attitude toward the proposal if Mr. Washington was doing two single family homes. Council Member Mulroy asked if Council could move to pass the zoning with a change from NR-6 to NR-4 at this meeting. City Attorney Burgess stated that the proposed zoning was posted as NR-6. She would confirm that NR-4 was a lower zoning. City of Denton City Council Minutes May 5, 2009 Page 10 Cunningham stated that NR-4 was a lower zoning than NR-6. Staff did not propose NR-4 to Mr. Washington as he was insistent that he wanted to do duplexes. Staff had also talked to Mr. Washington about single family development but he did not want to do that. The Mayor closed the public hearing. City Attorney Burgess stated that Council could consider the NR-4 zoning. The number of votes required to consider the zoning if moving in a different direction would also change. The NR-4 zoning could pass on a simple majority vote. Council Member Watts noted a point of order that the Mayor had not asked if anyone wanted to speak during the public hearing who had not submitted a speaker card. The Mayor reopened the public hearing. Adolphus Henry, 400 East Mill, Denton, 76201, spoke in opposition. Mayor Burroughs asked why he would object to two single family homes on lots. Henry replied that if the development would be in compliance, it would be ok but it was not. The Mayor closed the public hearing. Council Member Mulroy felt that this was a larger problem than this one lot. It was an infill problem. There was a need to find a solution for redevelopment of the area. Mulroy motioned, Heggins seconded to approve the zoning for the property as NR-4. Council Member Watts stated that the development of the property could only be one house on a large NR-3 lot or two lots with NR-4 zoning. Mayor Burroughs stated that under NR-4 with restrictions, the property would be disqualified if divided into two and could not do duplexes, only single family homes. He felt that NR-3 zoning seemed to be a symbol to some of the surrounding residents. However, NR-4 was completely consistent with the surrounding property. The NR-3 zoning was just created by a former council with no basis for the zoning given. Cunningham stated that the uses for NR-3 and NR-4 were not different other than in NR-3 lots over 2 acres in size could do duplexes. Washington noted that he wished to withdraw his proposal. Mulroy motioned, Heggins seconded to accept Mr. Washington’s request for withdrawal. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. D.The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending Subchapter 23 of the Denton Development Code; revising the definition of Church and providing a definition for City Engineer; providing for a penalty in the City of Denton City Council Minutes May 5, 2009 Page 11 maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA09-0001 The Planning and Zoning Commission recommended approval (6-0). Mark Cunningham, Director of Planning and Development, stated that two definitions were under consideration to address technical issues identified in the Development Code. The first proposal, to add a definition for “City Engineer”, was being proposed in order to create flexibility in addressing development review issues. The second amendment to revise the definition of “church” was being proposed by the Legal Department. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2009-116 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER 23 OF THE DENTON DEVELOPMENT CODE; REVISING THE DEFINITION OF CHURCH AND PROVIDING A DEFINITION FOR CITY ENGINEER; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.(DCA09-000) Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. E.The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending the Denton Development Code and the Development Standards for the Rayzor Ranch Overlay District by adding a new subsection 35.7.13.9.C., relating to administrative approval of minor site design amendments; providing for severability; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, and providing an effective date. (DCA09-0002) The Planning and Zoning Commission recommended approval (6-0). Mark Cunningham, Director of Planning and Development, stated that the developer had requested consideration of an amendment that would authorize limited administrative authority by the City Manager to better facilitate the development of the Rayzor Ranch Marketplace. The change would allow the City Manager’s office to consider staff recommended changes that were deemed to be essential to the viability of the project without jeopardizing the overall architectural theme and compatibility of Rayzor Ranch. Proposed architectural deviations would not be allowed to promote a design that was fundamentally inconsistent with the overall site design aesthetic or unique attributes of Rayzor Ranch. Staff would be requesting that proposed elevations be mitigated or offset with complementary public space enhancements, much like the concept of an Alternative Development Plan. City of Denton City Council Minutes May 5, 2009 Page 12 The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Watts expressed a problem with the overly broad language in Paragraph C. He was not comfortable with the language as he did not know what it meant. He felt it could mean anything goes along with concern that the project was slowly being chipped away. He felt there was a need to take another look at the project. The following ordinance was considered: NO. 2009-117 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DENTON DEVELOPMENT CODE AND THE DEVELOPMENT STANDARDS FOR THE RAYZOR RANCH OVERLAY DISTRICT BY ADDING A NEW SUBSECTION 35.7.13.9.C., RELATING TO ADMINISTRATIVE APPROVAL OF MINOR SITE DESIGN AMENDMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE. (DCA09-0002) Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “nay”, and Mayor Burroughs “aye”. Motion carried with a 6-1 vote. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Tabled A. - Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee (Tabled from March 3, 2009) recommends approval (3-0). This item remained on the table and was not considered. B. The Council considered a request for an exception to the Noise Ordinance for amplified sound for a party and musical concert to be held at 1815 W. Oak Street on Saturday, May 16, 2009. The exception is specifically requested to extend the hours from 10:00 p.m. to 12:00 a.m. for amplified sound and for an increase to 70 decibels. Mayor Burroughs stated that staff was recommending denial of the exception. Emerson Vorel, Director of Parks and Recreation, stated that an exception of this type usually was done on commercial property and not residential property. The requestors could still hold the event but they would have to discontinue the amplification sooner than requested. City of Denton City Council Minutes May 5, 2009 Page 13 Thomson motioned, Kamp seconded to deny the request. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. C. The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing and directing the City Manager to execute an amendment to expand the scope of activities and extend the term of a right of entry and possession, dated March 3, 2009, 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 pre- construction activity as described in Attachment “A” hereto; and providing an effective date. City Attorney Burgess stated that the proposed ordinance would provide for an extension of the original terms of the agreement and would extend the agreement for an additional 30 days. All elements of the existing ordinance would remain in place for 30 days. Robert Donnelly, 3900 Quail Creek Road, Denton, 76208 spoke in opposition. The following ordinance was considered: NO. 2009-118 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO EXPAND THE SCOPE OF ACTIVITIES AND EXTEND THE TERM OF A RIGHT OF ENTRY AND POSSESSION, DATED MARCH 3, 2009, 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 PRE-CONSTRUCTION ACTIVITY AS DESCRIBED IN ATTACHMENT “A” HERETO; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. D. Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: a)Jordan Hudspeth regarding concerns of Southeast Denton. b)Lanisha Hudspeth regarding concerns of Southeast Denton. c)Hagar Hudspeth regarding concerns of Southeast Denton. d)Willie Hudspeth regarding concerns of Southeast Denton. The Hudspeths were not present at the meeting. E. 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. City of Denton City Council Minutes May 5, 2009 Page 14 Council Member Heggins requested a discussion on the placement of the Citizens Reports on the council agenda. F. 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. G.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 9:14 p.m. ______________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS