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November 17, 2009 Minutes CITY OF DENTON CITY COUNCIL MINUTES November 17, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 17, 2009 at 4:30 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 Heggins, Council Member Mulroy, and Council Member Watts. ABSENT: None. 1. Requests for clarification of agenda items listed on the agenda for November 17, 2009. Council Member Watts questioned Item L regarding the noise exception. He asked if work was allowed on a Sunday and the contractor was just asking for different hours of operation. PS Arora, DRC Engineering Administrator, stated that work was not allowed on Sunday which was the reason for the variance. Council Member Watts stated that the backup materials indicated that the current dates and times for Sunday work was between 1:00 p.m. – 8:30 p.m. from October 1 to May 31. Arora indicated that the contractor was asking for hours from 7:00 a.m. – 5:00 p.m. on Sundays until the project was completed. Council Member Watts asked for the deadline for completion of the project. Arora indicated that it was to have been done by November 15th but due to the weather and utility relocations, the projected completion date was March 30, 2010. Council Member Watts stated that Item F indicated that the general contract was for miscellaneous projects but if the amount went over $100,000 council approval was required. He questioned if that was in the original contract in 2006 or was it added later. City Manager Campbell indicated that Council approved the annual contract but this was over $100,000 so it needed specific council approval. The project was not being rebid. Council Member Mulroy indicated that he had six questions regarding the agenda which were answered but felt that Item 3A, the DCTA appointments, needed special consideration. He suggested that the item be postponed until the Council could have a Closed Session on the item. Mayor Burroughs indicated that Item D would be pulled for individual consideration in order to provide more public knowledge on the proposal. 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code, Section 551.071. City of Denton City Council Minutes November 17, 2009 Page 2 1. Discuss and deliberate the status of mediation efforts regarding several issues involved with the Range Resources/Range Operating/Stroud Energy/Dan Hughes 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 City of Denton, Texas, Plaintiff v. Range Resources Corporation, Range Operating Texas, LLC, Stroud Energy, Ltd., and Dan A. Hughes Co, Cause No. 2008-19218-16, Defendants, pending in the 16th Judicial District Court in and for Denton County, Texas. Discuss and deliberate and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of fee simple tracts, permanent drainage easement tracts and temporary construction easement tracts for Eagle Drive Drainage Improvements - Phase I, the limits of which being along the existing branch between South Elm Street and South Locust Street, south of Maple Street, in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Denton Public Utilities Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. C. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. 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 City of Denton City Council Minutes November 17, 2009 Page 3 District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. D. 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, 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 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. Regular meeting of the Denton City Council on November 17, 2009 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 Mayor Burroughs presented a proclamation for Kick-off for Salvation Army of Denton Red Kettle Campaign. 3.CONSENT AGENDA Mayor Burroughs indicated that Item 3D would be pulled for separate consideration. City of Denton City Council Minutes November 17, 2009 Page 4 Council Member Mulroy indicated that Item 3A would not be considered at this meeting. A Speaker Card was submitted by Bob Clifton for Item 3F. Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items 3A and 3D. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. This Item was not considered. A. 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). Ordinance No. 2009-288 B. Consider adoption of an ordinance authorizing the concession to Metzler’s Food and Beverage, Inc to sell alcoholic beverages at designated locations during the 2010 Air Fair events, upon certain conditions; and providing an effective date. The Airport Advisory Board recommends approval (6-0). Ordinance No. 2009-289 C. Consider adoption of an ordinance finding that a necessity exists to acquire fee simple tracts, drainage easements and temporary construction easements and authorizing the acquisition thereof through agreement or eminent domain on various hereinafter described parcels of real property for drainage enhancements related to the "Eagle Drive Drainage Improvements Project - Phase I"; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2009-290 D. Consider adoption of an ordinance amending Sections 10-127 and 10-128 of Article VI of Chapter 10 of the Code of Ordinances of The City of Denton, Texas, to provide for qualification periods for seeking partial tax exemptions for certain designated historic sites; providing a partial tax exemption for certain designated historic sites; providing property that qualifies as a designated historic site a ten (10) year partial tax exemption; providing for a severability clause, providing for a savings clause; and providing for an effective date. Bryan Langley, Director of Finance, stated that this ordinance would renew the historical tax exemption for historic sites. He suggested that guidelines be established on what was a restoration for properties to help people understand what an acceptable change was. Council Member Gregory motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "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 November 17, 2009 Page 5 Ordinance No. 2009-291 E. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Solutient GeoSciences, Inc. for performing professional hydrogeological consulting and analytical services regarding the City of Denton, Texas Municipal Landfill (MSW Permit No. 1590-A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date (not to exceed $112,490.65). The Public Utilities Board recommends approval (4-0). Ordinance No. 2009-292 F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a concrete lined channel next to Duncan Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $187,497.97). Ordinance No. 2009-293 G. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of infrastructure including a wheel and chassis undercarriage wash facility with associated storm water treatment facility to be located at the City of Denton Landfill access road; providing for the expenditure of funds therefor; and providing an effective date (Bid 4377-awarded to the lowest responsible bidder meeting specification, Caliber Construction, Inc. in the amount of $423,462). The Public Utilities Board recommends approval (6-0). Resolution No. R2009-032 H. Consider approval of a resolution of the City of Denton, Texas adopting the City of Denton Handbook for Boards, Commissions, and Council Committees; and declaring an effective date. Resolution No. R2009-033 I. Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Ordinance No. 2009-294 J. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Holiday Lighting Association to assist with the cost of the Holiday Lighting Festival and the maintenance and replacement of holiday lights; providing for the expenditure of funds therefore; and providing for an effective date. ($700) Approved the minutes as noted below. K. Consider approval of the minutes of: October 6, 2009 October 20, 2009 November 2, 2009 November 3, 2009 City of Denton City Council Minutes November 17, 2009 Page 6 Approved the request as noted below. L. Consider a request for an exception to the Noise Ordinance to extend working hours for the purpose of Hodges and Associates, P.L.L.C. to pour concrete paving for the Rayzor Ranch Market Place construction on US 380. The contractors, Mario Sinacola and Sons, need to operate between the hours of 7:00 a.m. and 5:00 p.m. on Sundays for the duration of the Hwy 380 widening project. 4. PUBLIC HEARINGS Ordinance No. 2009-295 A. Hold a public hearing and consider adoption of an ordinance changing the Future Land Use designation of approximately 16.422 acres of property from a "Neighborhood Center" land use designation to a "Community Mixed Use Center" land use designation. The property is located at the southwest corner of Teasley Lane (F.M. 2181) and Hickory Creek Road. (CA09-0001) The Planning and Zoning Commission recommends approval (6-0). Mayor Burroughs indicated that Items A and B would be considered together. Mark Cunningham, Director of Planning and Development, stated that this request was for rezoning from NRMU to Community Mixed Use General. The comprehensive plan amendment needed to be considered first to accommodate the requested zoning. He reviewed the current surrounding zoning, current future land use and the differences between the two zoning categories. The Planning and Zoning Commission recommended approval of both proposals. The Mayor opened the public hearing. Larry Reichhart, representing the developer, stated that the reason for the change in zoning dealt mainly with the interest in restaurants in the area. Many of the same uses were allowed in the requested zoning as in the current zoning but the requested zoning allowed for larger sites. The Mayor closed the public hearing. 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 Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2009-296 B. Hold a public hearing and consider adoption of an ordinance rezoning approximately 16.422 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Community Mixed Use General (CM-G) zoning district. The property is located at the southwest corner of Teasley Lane (FM 2181) and Hickory Creek Road. (Z09-0006) The Planning and Zoning Commission recommends approval (6-0). Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council City of Denton City Council Minutes November 17, 2009 Page 7 Member Heggins "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) This item remained on the table. B. Consider nominations/appointments to: 1. Historic Landmark Commission Council Member Watts nominated Robert Gomez to the Historic Landmark Commission. Council Member Watts motioned, Council Member Heggins seconded to approve the nomination. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Bob Clifton regarding the November City Charter Amendment Election. Bob Clifton discussed the members of the Charter Committee and their contributions and what the election meant especially with the court action in the Court of Appeals. He questioned why anyone would want to continue to be reelected year after year. b. Robert Donnelly regarding drainage issues. Mr. Donnelly spoke on potential drainage issues at the MedPark Station for DCTA. The study stated that a detention pond was not necessary. He showed on a map how he perceived the water would runoff on that property. His property would be impacted depending on how the drainage flowed and he asked for answers on how no detention ponds would be needed. D. 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 City of Denton City Council Minutes November 17, 2009 Page 8 Council Member Gregory announced the Fred Moore Day Nursery School would be having a th gospel brunch at the Civic Center on December 5 and encouraged people to attend. Council Member Heggins announced the annual Thanksgiving luncheon at the MLK Center on Thursday from 11:00 am to 1:00 pm. Council Member Watts requested a work session regarding replatting property on certain streets with automatic dedication of right-of-way and how that policy might be impacting infill development... Council Member Mulroy requested that the changes to the parking on Oak Street and the one- way traffic changes on Oak Street be postponed until more input could be received from the neighborhood and the Council could hold another work session on the proposed changes. Council Member Engelbrecht noted that tomorrow would be GIS Information Systems Day and pointed out the city's technology throughout many departments. Mayor Burroughs asked citizens to provide him comments on the UNT system move and possible ramifications that the citizens might think about that he might not have considered. E. 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. F. 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. Council went into Closed Session at 7:17 p.m. With no further action, the meeting was adjourned in Open Session at 8:25 p.m. _______________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _______________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS