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May 4, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES May 4, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 4, 2010 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 May 4, 2010. Council Member Mulroy requested that Item 3H be pulled from the Consent Agenda and considered separately. Council Member Watts asked about Item 3B being a sole source item. Tim Fisher, Assistant Director of Water Utilities, stated that the proposed company used a patented ultra sensitive leak detection/location system. As this is a patented system, it could be awarded under the sole source procurement ordinance. City Attorney Burgess stated that Council had been supplied a revised ordinance for Item 3N indicating a different date. Council Member Gregory felt that there needed to be a different way to have house concerts. He requested an informal staff report to look for way to comply with the law and to be neighborly. Mayor Burroughs asked about where in the process they were for Item 3F in terms of the certificates of obligation for the recycling equipment. Bryan Langley, Director of Finance, stated that they would be bid and specific contracts would come back at later date. Mayor Burroughs asked about Item 3J and whether the grant request would assist the City in getting LEED certification for the projects. Jim Coulter, General Manager-Water Administration, replied that it could be used for such projects but that staff would bring back the item for approval of the equipment. 2. Receive a report, hold a discussion and give staff direction regarding naming the park property located at 6100 Sun Ray Drive, SPC Ernest W. Dallas, Jr. Veterans Memorial Park, and declaring an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Emerson Vorel, Director of Parks and Recreation, stated that in January 2009 staff had received an application to name park or sport field in honor of United States Army Specialist Ernest W. Dallas, Jr. who lost his life in Iraq on July 24, 2005. A committee was formed by the Parks, Recreation and Beautification Board to research the request and make a recommendation to the board in early 2010. The initial report of the committee rejected the request and the Board voted in March 2010 to reject the request. It was discovered that a public comment period had not City of Denton City Council Minutes May 4, 2010 Page 2 been done as required by ordinance so on April 5, 2010 a meeting was held for public comment. Ads were placed in the Denton Record-Chronicle, postcards were sent to neighbors around the proposed park and other notices were done in regards to public comment for the naming. Fourteen people attended the Park Board meeting. Since that meeting emails had been received discussing park usage and design concerns. There was a concern from the neighbors that once the park was dedicated, veterans would gather in that park and parking would be a problem. Staff talked through those concerns and issues with neighbors. The veterans did not envision large groups using the park once it was dedicated as they had meeting places and would not be using the park in that manner. Following the special called meeting and the public comments, the Board set aside the original motion and voted to approve the request. The park on Sun Ray Drive was a 4 acre park, with a design of a typical neighborhood park, with a playground, shelters, and a trail to connect to the rail trail. There would be a lighted flag pole and a plaque for SPC Dallas. Mayor Burroughs questioned the inscription and how the name came out to what was proposed. Vorel stated that the Park Board had recommended the name of the park. Mayor Burroughs stated that the naming would be more of an honor to an individual and not to veterans in general. He questioned why "Veterans" would be in the name as it tended to add to the misunderstanding of the honor. Vorel stated that if "Veterans" were included in the name, should there be others, their names could be added to the monument in the park. The Council convened in Closed Meeting at 4:55 p.m. to consider the following: 1. Closed Meeting: A. 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 of a fee simple tract, and temporary construction easement tract for Magnolia Drainage Improvements, the limits of which being a detention pond to be located North of the McKenna Park Congregation of the Jehovah's Witnesses church facilities on Windsor Drive, 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 City Council 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. City of Denton City Council Minutes May 4, 2010 Page 3 B. 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. 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. Motorcycle Safety & Awareness Month Proclamation Mayor Burroughs presented a proclamation for Motorcycle Safety and Awareness Month. 2. National Day of Prayer Proclamation Mayor Burroughs presented a proclamation for the National Day of Prayer. 3. Presentation of Post Card History Series: Denton County book by Georgia Caraway and Kim Cupit with Denton County Museums. Georgia Caraway and Kim Cupit presented the Council with the second book in their series "Post Card History, Denton County". Mayor Burroughs made a presentation in regards to the Census. He recognized the services of the Complete Count Committee. 3. CONSENT AGENDA Council Member Mulroy motioned, Council Member Gregory seconded to approve the Consent Agenda A-P and the accompanying ordinances and resolutions including the substituted ordinance for Item N with the exception of Item H which would be considered separately. 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 May 4, 2010 Page 4 Ordinance No. 2010-104 A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a first amendment to a Professional Services Agreement with R. J. Covington Consulting, LLC, Austin, Texas for further consulting services relating to Task Orders No. 10-D, 10-E, 10-F and 10-G, by approving further Task Orders No. 10-D, 10-E, 10-F and 10-G, regarding providing professional consulting and engineering services supporting Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 4486-Task Orders No. 10-D, 10-E, 10- F and 10-G for an additional amount of not-to-exceed $98,000-being an additional sum to the original Professional Services Agreement in the sum of $67,000; and when totaled with related Task Orders No. 10-A, 10-B, and 10-C a total not-to-exceed amount of $165,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-105 B. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Leak Detection Survey Work on water transmission pipelines for the City of Denton Water Department 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 4503-Purchase of Leak Detection Survey Work awarded to Pressure Pipe Inspection Company in an amount not to exceed $315,000). The Public Utilities Board recommends approval (4-0). Ordinance No. 2010-106 C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Chris and Cynthia Savino from the Downtown Incentive Grant Program not to exceed $7,935; and providing for an effective date. The Economic Development Partnership Board recommends approval (6-0). Approved the Noise Exception listed below. D. Consider a request for an exception to the Noise Ordinance for amplified sound on each Sunday in the month of July 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 4, from 5:00 p.m. until 11:00 p.m., July 11, July 18, and July 25, 2010, from 5:00 p.m. until 10:00 p.m. The events will be held in Fred Moore Park. There is not a request for an increase in the level of decibels. Staff recommends approval of the request for amplified sound on each Sunday in the month of July. Ordinance No. 2010-107 E. Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the Denton Parks Foundation to assist with the costs of entertainment, decorations, promotions, and/or children's activities for the 2010 Cinco de Mayo Celebration; providing for the expenditure of funds therefore; and providing for an effective date. ($600) City of Denton City Council Minutes May 4, 2010 Page 5 Ordinance No. 2010-108 F. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Reserve Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $4,256,000 to allow the Solid Waste Department to purchase and acquire refuse and recycling equipment in order to continue providing solid waste refuse and recycling collection operations; and providing an effective date. The Public Utilities Board recommends approval (4-0). Resolution No. R2010-013 G. Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial obligation to pay any principal or interest on the bonds, and making certain findings in connection therewith; and providing an effective date. Ordinance No. 2010-109 H. Consider adoption of an ordinance of the City of Denton, Texas, naming the park property located at 6100 Sun Ray Drive, SPC Ernest W. Dallas, Jr. Veterans Memorial Park, and declaring an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Emerson Vorel, Director of Parks and Recreation, reviewed the details of the naming of the park. Monty Slough submitted a Speaker Card in favor of the proposed naming of the park. Moose Prosen submitted a Speaker Card in favor of the proposed naming of the park. 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 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. 2010-110 L Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Real Estate Contract of Sale between the City of Denton and McKenna Park Congregation of Jehovah's Witnesses, and any other documents necessary to acquire an approximate 3.779 acres of land located in the Thomas Toby Survey, Abstract Number 1288, Denton County Texas, and being a portion of Lot 1, Block 1 of Lake Cities Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N, Page 320, Plat Records, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. The Public Utility Board recommends approval (4-0). Resolution No. R2010-014 J. Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project, City of Denton City Council Minutes May 4, 2010 Page 6 Construction and Demolition Equipment in the amount of $98,000; delegating and authorizing the City Manager, or his designee, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing for an effective date. The Public Utility Board recommends approval (4-0). Resolution No. R2010-015 K. Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project - Recycling and Litter Reduction for $68,000 in the Public Areas of Downtown from the Denton County Courthouse to the new light rail train station; delegating and authorizing the City Manager, or his designee, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing an effective date. The Public Utility Board recommends approval (4- 0). Ordinance No. 2010-111 L. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a Non-disturbance and Accommodation agreement between the City of Denton, Texas, Rayzor Hillview, L.P., Denton Hillview, L.P., Rayzor Investments, LTD., Range Texas Production, LLC, and Range Production Company regarding lands located in the B.B.B. and C.R.R. Company Survey, Abstract Number 192, Denton County, Texas, and being Lot 1, Block 2 of Rayzor Ranch South, according to the conveyance plat thereof recorded in Cabinet Y, Pages 470-478, Plat Records of Denton County, Texas and adjoining Electric, Communication, Roadway, Access and Utility Easement; and providing an effective date. The Public Utility Board recommends approval (4-0). Approved the Noise Exception noted below. M. 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 Sunday May 23, 2010, beginning at 5:00 p.m. and concluding at 8:00 p.m. This request is for an increase in decibels from 65 to 69 and for amplified sound on Sunday. Staff recommends approving the noise exception request. Ordinance No. 2010-112 N. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 28 of the Code of Ordinances to adopt the 2009 International Energy Conservation Code, as published by the International Code Council, and to establish local amendments thereto; establishing a penalty of a fine not to exceed $2,000.00 for violations thereto; providing for severability; repealing all ordinances in conflict herewith; and providing an effective date. City of Denton City Council Minutes May 4, 2010 Page 7 Resolution No. R2010-016 0. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2010 - 2014 Consolidated Plan for Housing and Community Development including the 2010 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. Approved the minutes listed below. P. Consider approval of the minutes of April 5, 2010 and April 6, 2010. 4. PUBLIC HEARINGS Ordinance No. 2010-113 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 322 Texas Street, legally known as Lot 4, Block 1 of Industrial School Addition, as a Historic Landmark under Section 35.7.6 of the Denton Development Code (HL10-0002). The Historic Landmark Commission recommends approval (5-0). The Planning and Zoning Commission recommends approval (6-0). Mark Cunningham, Director of Planning and Development, presented the details of the request. Staff had reviewed the application and the assessment provided by the applicant, and found that it met several of the criteria for Historic Landmark Designations. The Historic Landmark Commission, Planning and Zoning Commission and staff all recommended approval of the proposed designation. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Mayor Pro Tem Kamp 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. Ordinance No. 2010-114 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 2 (NR-2) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, and superseding and repealing ordinance Nos. 87-113, 87-154, and Specific Use Permit 5-193, along with any special exceptions or legally nonconforming use status created as a consequence of the zoning classification change in 2002, for City of Denton City Council Minutes May 4, 2010 Page 8 approximately 5.2 acres of land located at 4000 W. University Drive, legally described as Ranch Estates, Block E (SW Corner), and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z09-0011). The Planning and Zoning Commission recommends approval (4-2). Mark Cunningham, Director of Planning and Development, presented the details of the request which was to rezone a 5.2 acre tract owned by the Girl Scouts from NR-2 to NRMU-12. Rezoning would allow the existing structure to be used as an office. The property contained developed floodplain and stream buffer habitats. Council Member Watts stated that no structures could be built in the floodway. Cunningham stated that the site could be improved and a structure would have to be elevated. Council Member Engelbrecht asked about the staff recommendation. Cunningham stated that staff had originally recommended denial because of the isolated zoning district. They did not think the neighborhood would support a larger area rezoned instead of only one lot. The area in question was not conducive to a single family home. Mayor Burroughs stated that he was on Council when the entire city was rezoned and that the western area of City and undeveloped parts generally defaulted to the lowest intensity use in the area. Council Member Mulroy stated that University would eventually be widened to six lanes and would go commercial. Future development appeared to be commercial. The applicant was looking to put an office there and not commercial to buffer from the neighborhood The Mayor opened the public hearing. The following individuals spoke during the public hearing: Brenda Cubbge, 1201 Elm Street, Dallas, 75270 - favor Larry Reichhart, representing the petitioner - favor Colleen Walker, 2317 W. University, Denton, 76201 - favor The Mayor closed the public hearing. Council Member Engelbrecht stated that he would reluctantly vote in favor of the ordinance. He was not comfortable zoning individual pieces throughout the city as he felt it put a neighborhood in a mixed use area. He suggested a small area study for these types of areas. Council Member Mulroy requested a short paper on the whole area from Masch Branch to the Interstate detailing how it was going to look and the possibility of those areas. City of Denton City Council Minutes May 4, 2010 Page 9 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 Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-115 C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Neighborhood Residential 2, (NR-2) zoning classification and use designation and Neighborhood Residential 4, (NR-4) zoning classification and use designation to Rural Residential, (RD-5) zoning classification and use designation on 4035 acres, located on the east side of F.M. 428, approximately 659 feet north of Long Road, and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z10-0003). The Planning and Zoning Commission recommends approval (6- 0). Mark Cunningham, Director of Planning and Development, presented the details regarding the proposal. This was a request for downzoning from NR-2 and MR-4 to RD-5 and was part of a larger tract of property. The current zoning did not allow for equestrian usage which was desired. The RD-5 zoning allowed for that type of use. The request was consistent with the Denton Plan. Staff and the Planning and Zoning Commission recommend approval. The Mayor opened the public hearing. Larry Reichhart, representing the applicant, stated that the reason for the request was an expansion of the existing use. The Mayor closed the public hearing. Mayor Pro Tem Kamp motioned, Council Member Mulroy 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. 2010-116 D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for an amendment of the Detailed Plan associated with State School Planned Development (PD-12, I-35/State School) to allow a 1,799 square foot addition to an existing 11,144 square foot office building on approximately 5.491 acres generally located on the south side of Interstate 35 East, north of the city of Corinth; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date (Z10-0001). The Planning and Zoning Commission recommends approval (7-0). Mark Cunningham, Director of Planning and Development, presented the details of the proposal. The applicant was requesting this amendment to allow construction of a 1,799 square foot addition to the existing 11,144 square foot showroom/office building. The Planning and Zoning City of Denton City Council Minutes May 4, 2010 Page 10 Commission and staff recommended approval. The Planning and Zoning Commission had added three conditions which were noted in the ordinance. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Mulroy 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. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Conduct the second of two (2) readings to consider the adoption of fifteen (15) ordinances under the involuntary annexation procedures for areas exempted from the municipal annexation plan; the Service Plan; and Non-Annexation Development Agreements for qualified parcels within approximately 7,480 acres, located in the City's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas, as presented in Exhibit 1. The 15 areas are identified and generally located as follows: Mayor Burroughs indicated that specific speaker cards had been received for Items 1, 2, 4, 7, 8, 9 and that those ordinances would be considered individually. One general Speaker Card had been submitted from Ginger Ester in opposition. Items 3, 5, 6, 10, 11, 12, 13, 14 and 15 would be considered as one motion. Council Member Mulroy motioned, Council Member Gregory seconded to adopt Ordinances 3, 5, 6, 10, 11, 12, 13, 14 and 15. 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. 2010-117 1. PAA1: 1,171 acres, located on the south side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road; Larry Pockrus spoke in opposition. LaDonna Pockrus spoke in opposition. Council Member Mulroy motioned, Council Member Gregory seconded to adopt Ordinance 1. 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 May 4, 2010 Page I I Ordinance No. 2010-118 2. PAA2 South: 1,472 acres, located on the south side of FM 1173; north of W. University Drive; west of I-35; Larry Green presented a Comment Card in opposition. Council Member Mulroy motioned, Council Member Heggins seconded to adopt Ordinance 2. 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. 2010-119 3. PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35; Ordinance No. 2010-120 4. PAA4: 1,555 acres, located on the south side of Milam Road; north of Loop 288; east of I-35; Richard LaSalle spoke in opposition. Comment cards in opposition were received from Lisa Eaton and Bent Carter. Council Member Mulroy motioned, Council Member Watts seconded to adopt Ordinance 4. 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. 2010-121 5. DH-1: 315 acres, located east of H. Lively Road; south side of FM 2449; west side of John Paine Road; Ordinance No. 2010-122 6. DH-2: 258 acres, located on the south side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road; Ordinance No. 2010-123 7. DH-3: 421 acres, located on the south side of Spring Side Road; north, south and west of Corbin Road; west of I-35; Patricia Adams, representing the property owner, spoke in opposition. Council Member Mulroy motioned, Council Member Watts seconded to adopt Ordinance 7. 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 May 4, 2010 Page 12 Ordinance No. 2010-124 8. DH-4: 347 acres, located on the east side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage Boulevard; Janelle Burch spoke in opposition. Council Member Mulroy motioned, Council Member Heggins seconded to adopt Ordinance 8. 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. 2010-125 9. DH-5: 307.11 acres, located on the east side of Fort Worth Drive; west side of Country Club Drive; north of Bush Creek Road; Council Member Mulroy motioned, Council Member Engelbrecht seconded to adopt Ordinance 9. 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. 2010-126 10. DH-6: 9 acres, located on the east side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court; Ordinance No. 2010-127 11. DH-8: 29 acres, located west of Old Edwards Road; north and south of Edwards Road; Ordinance No. 2010-128 12. DH-10: 87 acres, located south of East McKinney Street; east and west of Lakey Circle; Ordinance No. 2010-129 13. DH-11: 388 acres, located southeast of the intersection of Mayhill Road and McKinney Street; Ordinance No. 2010-130 14. DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road; and Ordinance No. 2010-131 15. DH-14: 30 acres, located on the South side of Robinson Road; east of Teasley Lane. B. Consider nominations/appointments to the following Boards and Commissions: 1. Parks, Recreation and Beautification Board City of Denton City Council Minutes May 4, 2010 Page 13 There were no nomination/appointments made at this meeting. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Eli Gemini regarding corruption and cover-ups within the City of Denton. Mr. Gemini continued his discussion on cover-ups and corruption in the city. He passed out a packet of information for Council. Mayor Burroughs indicated that comments directed at one particular council member was not allowed. General comments to the Council were permitted but not specific comments directed at one member. Mr. Gemini stated that he wanted to set the facts straight on the record. Mayor Burroughs indicated that Mr. Gemini must abide by the Council's Rules of Procedure. Mr. Gemini indicated that his speech was protected under the Constitution. Mayor Burroughs indicated that addressing just one council member was not appropriate use of a citizen report. Mr. Gemini discontinued his citizen report charging the Council with a violation of his civil rights. b. Larry Simmons regarding a variance on the vendor fee. Mr. Simmons spoke about a vendor fee that was charged for the North Texas Book Festival. The purpose of the Book Festival was to raise funds to give grants to libraries in Denton County. This year they were told that each vendor at the Festival would have to pay a $25 vendor fee. In order to make the event run smoothly, he had paid the vendor fee and all transactions had to go through his register. It turned out to be an administrative nightmare. He indicated that the Festival would not return to the Civic Center until the issue of the individual vendor fees had been resolved. c. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth spoke about free speech and the Constitution and how they did not seem to matter in Denton. Only the council rules mattered. Council for years did not charge the Arts and Jazz Fest for vendor fees. Cinco de Mayo and Juneteenth were charged so why wasn't Arts and Jazz. He felt this had to be illegal and again asked for an answer to his question. City of Denton City Council Minutes May 4, 2010 Page 14 d. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. e. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. f. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. g. Kathleen Wazny regarding City of Denton gas well ordinance. Ms. Wazny spoke about gas wells and asked why it was taking so long to complete the new gas well ordinance for the city. She questioned why other cities and towns had completed updated gas well ordinances while Denton's was not done. She also questioned why there was no moratorium to protect citizens while the new ordinance was being completed. She was asking for protection from air pollution, ground water contamination and explosions associated with gas wells. She urged the Council to get the new ordinance done as soon as possible. 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 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. Mayor Burroughs asked staff to review the possibility of providing for flexibility of certificates of occupancy in industrial type uses where the impact was in an industrial area. Mayor Burroughs requested a review of options for assessment of vendor fees. Council Member Gregory stated that when the Council worked on the budget it needed to look at the issue of vendor fees for the Arts and Jazz Fest. Council Member Gregory requested a report on urban chickens. City of Denton City Council Minutes May 4, 2010 Page 15 Council Member Engelbrecht requested a briefing on transmission lines for utilities similar to the one presented to PUB Council Member Watts asked for a report on the recycling program and the MRF issue particularly where they were with a contract and an update on the old biodiesel issue. Council Member Heggins requested an update on a smoking ban in city parks in the playground areas such as 50 feet around where children were playing Council Member Mulroy requested a history of development of Masch Branch Road as the problem was allowed to evolve and uses not zoned and now were non-conforming. Mayor Burroughs recognized Jennifer Walters for an award given her by the League of Women Voters. Council Member Heggins asked when to expect signage for Loop 288 for Martin Luther King. E. 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. 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. With no further business, the meeting was adjourned at 8:37 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS