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July 19, 2011 Minutes CITY OF DENTON CITY COUNCIL MINUTES July 19, 2011 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 19, 2011 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem Kamp, and Mayor Burroughs, ABSENT: Council Member King 1. Citizen Comments on Consent Agenda items. Christopher Walker presented a Comment Card on Consent Agenda Item G. 2. Requests for clarification of agenda items listed on the agenda for July 19, 2011. Mayor Burroughs asked who collected the city taxes prior to Denton County. Jon Fortune, Assistant City Manager, stated that the agenda item was a renewal of a current contract and that the city provided the service prior to the County. Mayor Burroughs asked about the useful life of the backup system for Consent Agenda Item 4A. Kevin Gunn, Director of Technology Services, stated that it would have six to seven years of serviceable life. Council Member Watts questioned the $711,000 for only five-six years of service and having to spend that kind of money again. Gunn stated that it was a lease purchase for three years with parts possibly having to be replaced in six to seven years. Mayor Burroughs noted that Consent Agenda Item 4B was a large contract and asked if any local options were considered. Phil Williams, General Manager Electric Administration, stated that the contract dealt with a specialized area of engineering and that all the firms were outside the City. Council Member King joined the meeting. Council Member Engelbrecht asked about Consent Agenda Item 4F dealing with parking regulations. He asked what “standing” meant as it related to the ordinance. Captain Roger White, Denton Police Department, stated that “standing” meant that the vehicle was not parked in a designated space and the driver had not left the vehicle. Council Member Engelbrecht noted that “standing” was used in some places in the ordinance and not in others and questioned if that wording was needed. City of Denton City Council Minutes July 19, 2011 Page 2 Stephanie Berry, City Prosecutor, stated that the wording followed State law. The word “stand” could be removed if Council desired. Council Member Engelbrecht indicated that he would like to either remove the word “stand” if State law allowed and it could still be enforced as the public could not understand the terminology. Council Member Gregory asked about the situation of vehicles loading or unloading and blocking a lane of traffic vehicle so that parked vehicles could not get out of parking spaces. Berry indicated that was a traffic violation for blocking the roadway. Council Member Gregory asked why that was allowed on the Square. Berry stated that the Police Department handled those on a case by case basis. It was a technical violation but did not have to be prosecuted. Mayor Burroughs asked about Consent Agenda Item 4C. He noted that the lowest bidder was a Denton bidder but the bid had been rejected. He questioned why the bid from a local vendor was not given consideration. Phil Williams, General Manager Electric Administration, stated that the qualifications of the vendor were not based on local preference alone. There were a number of reasons for the disqualification. One of the reasons was the vendors needed a ready workforce to complete the project and this vendor did not have a qualified work force. Mayor Burroughs asked why being a local vendor was not part of the criteria. Williams stated that it could be added for future bids. 3.Receive a report, hold a discussion, and give staff direction regarding the implementation of a Wayfinding Signage Network. Ron Menguita, Development Review Liaison, reviewed the background of the Downtown Implementation Plan (DTIP). The purpose of the DTIP was to serve as a catalyst to achieve the goals for the vision of the Downtown Master Plan. It provided a set of physical plans and detailed recommendations to increase economic development in downtown Denton. It also identified an investment strategy for short term and long terms goals. Chapter 6 of the DTIP plan presented a framework for strategic investments and provided short-term, medium-term and long-term action items. He reviewed the top ten action items and discussed the status of each. The Wayfinding signage network would be designed to guide visitors to locations offering public parking and local points of interest. Staff defined the types of signs, identified potential locations, drafted contents and designed three themes. Types of signage included entries for primary and secondary locations; directional signs; and kiosks. In order to build consensus, staff presented three different themes to various boards, committees, and commissions to receive their input. Theme A was the courthouse theme; Theme B was a transit center theme; and Theme C was a City of Denton flag theme. Based on that input, staff developed a fourth modified theme City of Denton City Council Minutes July 19, 2011 Page 3 using part of the courthouse theme, transit center and flag theme. The potential locations for the various types of signs were reviewed along with the results of an on-line survey regarding the signs. Staff was recommending that the city move forward with a Request for Qualifications for the modified theme. The RFQ would be sent out to local as well as national sign companies. It was also recommended that the network be implemented in two phases. Phase 1 would consist of the fabrication and installation of directional and street signs throughout the DTIP area in order to implement the program with the Downtown first and work outward. Phase 2 would consist of the fabrication and installation of the primary entry signs, secondary entry signs, kiosks, city building signs and public park signs. Council Member Roden questioned who was the primary audience in terms of the different signs; who was Phase 1 targeting. Menguita stated it would be visitors either from the train or driving to Denton. Mayor Burroughs asked about the sequencing of who would determine what went on the signs to designate the arts and entertainment aspect. Menguita stated that the goal was to get people downtown and incorporate the need to park. The kiosk information would have interchangeable information for locations of buildings with changes made as needed. Mayor Burroughs suggested a work session before all of the plans were completed in order to look for any unanticipated consequences. He would like Council input before completion of the project as he still had some concerns regarding the major signs. Menguita stated that the locations of the signs would first have to be established and that would determine what to put on the sign. Mayor Burroughs suggested making that a proposal for Council to consider. Council Member Roden asked how far out the larger signs were in terms of time and would there be time to look at other designs. Menguita stated that the large signs would be funded with a CIP reallocation and that the bonds had not been sold yet with any definite determination on when that would be done. Council Member Roden asked about font suggestions and would a sign company work on those features. Menguita replied sign companies and members of staff familiar with those types of issues. Council Member Engelbrecht suggested making sure the street signs were large enough to read and to consider adding directions such as east/west on the signs. Menguita stated that they would be working with the Street Department for wording standards. City of Denton City Council Minutes July 19, 2011 Page 4 4.Receive a briefing and hold a discussion regarding the Assessment of Existing Conditions and Findings of the Bonnie Brae-Ector Street Small Area Plan and provide timeline for completion. The Bonnie Brae-Ector Street Small Area Plan is approximately 271.2 acres, and is bounded to the north by Emery Street, to the south by West Oak Street, to the east by Jagoe and Ector Streets, and to the west by Bonnie Brae Street. This item was pulled from consideration. 5.Receive a report, hold a discussion, and give staff direction concerning proposed amendments to: (1) Section 35.22.4.G. of the Denton Development Code regarding a new provision grandfathering previously approved Planned Developments and Master Planned Communities from the standards and procedures enacted by Ord. No. 2010-181, as further amended by Ord. No. 2010-196; and (2) add new section 35.22.7.G. to the Denton Development Code regarding required disclosures to certain persons within specified distances of proposed gas well drilling and production activities. This item was not considered at this meeting. Council convened into Closed Session at 4:10 p.m. to discuss the following: 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with City's attorneys regarding status of litigation styled Paper v. City of Denton, Cause No. 02-10-00239-CV, currently pending in the Court of Appeals, Second District of Texas. D. Consultation with Attorneys - Under Texas Government Code Section 551.071. 2.Consult with, and provide direction to, City's attorneys on legal issues associated with existing and potential regulation of gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, specifically including, but not limited to, the following general categories, as they may relate to such regulations: a.Legal issues and strategies associated with proposed and potential modifications to existing local regulations, as they relate to existing, proposed and potential gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, as well as limitations imposed upon the City's regulatory authority, with regard to such issues and strategies; and b.Legal issues and strategies associated with possible preemption of local regulatory standards relating to gas well drilling and exploration with the Denton city limits and extraterritorial jurisdiction, by existing, proposed and potential Federal and State legislation, and administrative regulations. City of Denton City Council Minutes July 19, 2011 Page 5 The Council convened in a Regular meeting at 6:30 pm. in the Council Chambers. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. 2011 City Livability Outstanding Achievement Award, for Sustainable Energy Programs. The 2011 City Livability Outstanding Achievement Award for Sustainable Energy Programs was presented to the City. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1.LaDonna Womochel regarding approving the plat for the Robson Ranch development. Ms. Womochel presented figures from the Robson Ranch Homeowners Association in terms of having more homes sold in order to receive more dues for their operating expenses. She was in favor of the Detailed Plan on the agenda. The item had a very real impact on the Homeowners Association and their program. 2.Steve Shepard regarding approving the plat for the Robson Ranch development. Mr. Shepard stated that he was also a member of the Homeowners Association Board at Robson Ranch. He was in favor of the approval of the Detailed Plan for Robson Ranch which was on the agenda for this meeting. 4. CONSENT AGENDA Mayor Burroughs noted that Item E was pulled from consideration by staff and that Item H would be pulled for separate consideration. Council Member Engelbrecht asked that Item F be pulled for separation. City of Denton City Council Minutes July 19, 2011 Page 6 Council Member Gregory motioned, Council Member King seconded to approve the Consent Agenda with the exception of Item E, F, and H. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2011-109 A.Consider adoption of an ordinance awarding a contract to INX, Inc. for the lease purchase of Hardware, Software, and Professional Services to establish a Disaster Recovery Data Center for the City of Denton as awarded by the State of Texas Department of Information Resources (DIR-SDD-621/DIR-SDD-1418/DIR-SDD-1386); providing for the expenditure of funds therefor; and providing an effective date (File 4759 - Lease Purchase of Hardware, Software and Professional Services for Disaster Recovery Data Center from INX, Inc. in the amount of $696,185.54, with total finance payments of $711,546.01). Ordinance No. 2011-110 B. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with SGS Engineering, LLC, to continue Engineering and Consulting Services for Capital Improvement Projects for Denton Municipal Electric, and providing an effective date (PSA 4755 - Professional Services Agreement for Engineering and Consulting Services for Capital Improvement Projects for Denton Municipal Electric awarded to SGS Engineering, LLC, in an amount not to exceed of $1,260,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2011-111 C. Consider adoption of an ordinance accepting proposals and awarding a three year contract for the Installation of Underground Electric Service for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 4676 - Underground Service Installation awarded to Willbros T & D Services, LLC in the estimated three year amount of $2,909,012). The Public Utilities Board recommends approval (5-0). Ordinance No. 2011-112 D. Consider adoption of an ordinance accepting proposals and awarding a three year contract for ready mix concrete for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFP 4732 - Ready Mix Concrete for the City of Denton awarded to Redi-Mix Concrete in the estimated three year amount of $450,000). This item was not considered. E. Consider adoption of an ordinance awarding a contract for the lease of eighteen Mobile Data Computers (MDCs) for the City of Denton Fire Department as awarded by the State of Texas Department of Information Resources (DIR) through the Go Direct Program, contract number DIR-SDD-531; providing for the expenditure of funds therefor; and providing an effective date (File 4741 - Lease Eighteen Toughbook Mobile Data Computers awarded to Panasonic Finance Solutions in six semi-annual payments of $17,275 for a total amount of $103,650). City of Denton City Council Minutes July 19, 2011 Page 7 Ordinance No. 2011-114 G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee, to enter into an Interlocal Agreement with Denton County for the County to provide property tax billing and collection services for the City of Denton; providing a savings clause and providing an effective date. Item F. was considered. Ordinance No. 2011-115 F. Consider adoption of an ordinance of the City of Denton, Texas, amending the provisions of Chapter 18 relating to motor vehicles and traffic by re-numbering Section 18-95 "Stop Intersections" to Section 18-3.1; by adding Section 18-91.50 to prohibit stopping, standing, or parking of vehicles in certain places; by adding Section 18-91.51 establishing additional parking regulations; by amending Section 18-143 to change the minimum fines established for certain parking offenses; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. Council Member Engelbrecht recommended removing the word “standing” from the ordinance and in Section 2 (b) (6) to change the wording to “prohibit parking” instead of “standing”. City Attorney Burgess stated that the staff would amend the ordinance and take out “standing” and insert “parking or stopping”. Council Member Engelbrecht motioned, Council Member Gregory seconded to adopt the ordinance as amended. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Item H. was considered. H. Consider appointments to the City's Boards & Commissions. 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Health & Building Standards Commission 5. Historic Landmark Commission 6. Human Services Advisory Committee 7. Library Board 8. Parks, Recreation and Beautification Board 9. Planning and Zoning Commission 10. Public Art Committee 11. Public Utilities Board 12. Traffic Safety Commission 13. Zoning Board of Adjustment 14. Economic Development Partnership Board City of Denton City Council Minutes July 19, 2011 Page 8 Mayor Pro Tem Kamp nominated Mary Behrens for the “all” position on the Human Services Advisory Commission. Council Member King motioned, Council Member Engelbrecht seconded to approve the nominations as listed in the agenda back up materials plus the new nomination of Mayor Pro Tem Kamp. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 5. PUBLIC HEARINGS Ordinance No. 2011-116 A. Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton, Texas, ordaining the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act), providing State tax incentives, designating a liaison for communication with interested parties, and nominating Target Corporation to the office of the Governor, Economic Development & Tourism (EDT) through the Economic Development Bank (Bank) as an Enterprise Project (Project); establishing the boundaries of said zone, and providing an effective date. Michelle Cunningham, Business Development Officer, stated that Target Corporation had expressed an interest in an Enterprise Business Zone. The Texas Enterprise Zone Program was a State of Texas economic development tool to promote job creation and capital investment in economically distressed areas of the state. Successful applicants would be eligible to apply for State sales and use tax refunds on qualified expenditures. The level of refund was based on the capital investment and number of jobs created for economically disadvantaged individuals. Target Corporation was projecting a capital investment of $100 million at the Denton distribution center and 115 new jobs. At this investment level, they could receive a state refund of up to $287,500 annually. Target Corporation had offered to pay the $750 application fee with no other city costs involved. No city sales taxes would be refunded as a component of this request. This request represented an opportunity to assist Target Corporation to receive a significant State sales tax refund. The Economic Development Partnership Board had recommended approval. 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 Engelbrecht seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes July 19, 2011 Page 9 Ordinance No. 2011-116 B. Hold a public hearing and consider adoption of an ordinance regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 4 (NR-4) zoning district on approximately 30.442 acres. The property is located north and west of Clubhouse Drive, south of Loon Lake Road and east of Ranch House Drive; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z11-0003, Unicorn Lake Estates) The Planning and Zoning Commission recommends approval with a restrictive overlay (5-1). Mark Cunningham, Director of Planning and Development, presented the details of the proposal. He stated that the applicant was proposing to rezone the subject property with the intent to utilize the additional lot coverage permitted in the NR-4 zoning district to construct larger single-family dwellings. The Planning and Zoning Commission recommended approval as well as the Development Review Committee. The Planning and Zoning Commission had recommended a condition that no duplexes would be built on the site when developed. The Mayor opened the public hearing. Terry Mitchell spoke in favor of the proposal. The Mayor closed the public hearing. Council Member Watts motioned, Council Member King seconded to adopt the ordinance with conditions. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2011-117 C. Hold a public hearing and consider adoption of an ordinance providing for an amendment to the City of Denton Mobility Plan. The subject property is located on the west side of Teasley Lane (F.M. 2181), north of Ryan Road); and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (CA11-0003, Teasley Trails) The Mobility Committee recommends approval. The Planning and Zoning Commission recommends approval (5-1). PS Arora, Development Review Committee Administrator, stated that Hanover Property Company was requesting an amendment to the Connectivity Component of the Mobility Plan. The requested amendment was to not extend El Paseo Drive further east towards Helm Street within the property boundary of the proposed Teasley Trails. The current provisions of the Denton Development Code indicated that the street system for each development shall be connected with existing, proposed and anticipated streets within and outside the development and shall be extended to the property boundary of the subdivision so as to provide for adequate access and the safe and effective movement and circulation of traffic. This proposal did not meet those Development Code requirements and would vary the Code provision. Area residents have expressed concerns regarding the anticipated increase of traffic on Teasley as a result of the City of Denton City Council Minutes July 19, 2011 Page 10 proposed subdivision, the lack of traffic signalization on this part of Teasley and the issues with turning to or from Teasley from the surrounding neighborhoods. There was also the issue of a property owner not wanting to give right-of-way for the extension of El Paseo now or in the future. Staff also analyzed water, wastewater and drainage service and impacts of the proposed development so as to provide a complete view of the integration of the proposed development with the public facilities in addition to presentation of traffic impacts. There was also an existing sewer line that would not allow connection. There was, however, enough capacity in the 8-inch sewer line to convey wastewater from the proposed development. The developer had indicated that the property owner would provide a right-of-way dedication in the tract owned by him south of his property which would allow the future extension of Monte Carlo from the proposed development to connection with Ryan Road. Off-site sewer line extension to tie to the existing city sewer line in Ryan Road could be routed through this right-of-way dedication. The Traffic Study indicated that removal of El Paseo between Carmel Drive and Helm Lane would have an insignificant effect on the present and future traffic operations in the study area. The Mobility Committee recommended approval as did the Planning and Zoning Commission. Council Member Gregory asked how the developer would deal with runoff. Arora stated that the northern section would not raise any water surface or any downstream or upstream water levels. Council Member Watts asked if the street would have to elevated or have a grade level road due to the flood plain in the area. Arora stated that the road would have to pass a 100 year storm requirement. Mayor Burroughs stated that only the Mobility Plan issue was being considered at this meeting, not any zoning issues. Mayor Pro Tem Kamp stated that the request was an amendment to the Mobility Plan which had been discussed at length in the Mobility Committee regarding this proposal. She asked if Arora approved of the changes. Arora stated that the data and methods used showed that the traffic patterns would be adequate. The Mayor opened the public hearing Tom June, engineer on the project, spoke in favor. The Mayor closed the public hearing. Mayor Burroughs asked why one Planning and Zoning Commissioner recommended denial. Mark Cunningham, Director of Planning and Development, stated that the Commissioner who recommended denial indicated that he was not in favor of the proposed alignment. Council Member Watts motioned, Council Member King seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member City of Denton City Council Minutes July 19, 2011 Page 11 Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. D. Hold a public hearing and consider adoption of an ordinance regarding a 1,805.78+-acre Detailed Plan to amend two (2) previously approved detailed plans. The subject detailed plan will allow: (1) the creation and subsequent development of 4,288 single-family residential lots; (2) a golf course; (3) a baseball field; (4) the relocation of a previously approved gas well park (Gas Park 13) approximately 307 feet north from its previously approved location, and (5), the elimination of a previously approved gas park (Gas Park 9). The subject site is located north of Crawford Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPC10-0001); and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z08-0021, Robson Ranch Planned Development, PD-173) The Planning and Zoning Commission recommends approval subject to conditions (4-1). Mark Cunningham, Director of Planning and Development, presented the details of the proposal. The request would allow for the following: the amendment of two previously approved Detailed Plans; the creation and subsequent development of 4,288 single-family residential lots; a golf course; a baseball field; the relocation of the previously approved Gas Park 13 approximately 307 feet north from its approved location; and the elimination of the previously approved Gas Park 9. A detail of the Planned Development chain of events was presented which included details of Ordinance 99-265, Ordinance 2000-059, Ordinance 2001-274, Ordinance 2003-342, Ordinance 2008-285, Ordinance 2009-084, Ordinance 2009-085, and Ordinance 2009-103. The status of Gas Parks A, B, C, D and F and 7, 9, 10, 11 and 13 was discussed. The proposed detail plan showed open space areas and a landscaping plan including a planting schedule and the types of trees to be planted within the development. The landscape plan and planting schedule were reviewed and approved by the City’s Landscape Administrator. The Development Review Committee and the Planning and Zoning Commission recommend approval with the following conditions: (1) all original conditions of approval and subsequent modifications associated with Planned Development 173 shall remain valid, unless specified herein, and to the extent not shown on the Detailed Plan, the city codes would govern; (2) the Detailed Plan as submitted and shown in Exhibits 4, 5, 6, 7, 8, 9, and 10 would guide the development of the Planned Development; (3) prior to approved of a plat, the applicant shall submit a report showing the proposed water and sewer demand for the use, the City’s denial or approval shall be contingent upon available capacities to service the project; (4) the standards for new gas well drilling and production shall be the same as in the Denton Development Code except for no gas well drilling or production area may be located within 100 feet of any residential property or 300 feet of any public assembly area for approved Gas Park Detailed Plan sites. Council Member Roden asked about the status of the gas parks. He felt that there were two sites excluded from the history presented that were in the middle of the property which were designed as future sites in the current Detailed Plan. He questioned if those were previously approved as gas parks. City of Denton City Council Minutes July 19, 2011 Page 12 Cunningham stated that what were approved were 10 gas parks. There were areas identified on the Concept Plan for tentative locations for gas parks but not all had been approved in the Detailed Plan. Council Member Watts questioned if the relocation of the Gas Well Park #13 would require a new plat. Cunningham replied correct as the plat had specific mets and bounds and those new specific mets and bounds would have to be shown. Council Member Watts questioned if the location of the gas well parks in the first Detailed Plan that was submitted and then was amended showed those locations in open spaces. Council Member Gregory asked about some gas well parks that did not appear on the Detailed Plan that were there previously. Cunningham stated that the gas well parks were shown as permitted uses. Originally there were 20 potential parks and many of the proposed parks had gone away. Council Member Gregory asked about the process for some of them to not be developed. Cunningham stated that there was not necessarily a process for those to not be developed. As long as they were shown on the Concept Plan they were allowed but the submission of a Detailed Plan would show how the property was going to be developed. The Concept Plan allowed for up to 20 gas well parks but the developer did not have to do all of them. Mayor Burroughs asked if the moving of Gas Well Park #13 would require an amended plat. Cunningham stated that the approved plat for Gas Well Park #13 which would have to be amended for the new location. Council Member Engelbrecht asked for a definition of a gas well drilling area and production area. Cunningham stated that the Development Code as amended identified that definition. When a gas park was submitted for a Detailed Plan, the location was shown on the plat which showed the boundary of the gas park. It meant the boundary of the gas well park as identified on the plat. Council Member Engelbrecht stated that it was then indicating that the edge of the gas well park as platted had to be 100 feet from the residential property line which meant that there had to be 150 feet of space in there for setbacks. Cunningham stated that the condition was indicating that there would be no gas well drilling or production area located within 100 feet of any residential property or 300 feet of any public assembly area. This meant from the gas well production area to the residential property, from boundary to boundary. Council Member Engelbrecht asked if this contained conflicting language. City of Denton City Council Minutes July 19, 2011 Page 13 Cunningham felt that there was some conflicting language if the gas well head was used. However, this was a more restrictive condition. Mayor Burroughs stated that there could be a buffer in the gas well site itself but it did not count as it was all part of the production area. Cunningham replied that was not necessarily the case. It all depended on how it was identified on the gas well plat. Once the plat was submitted, that area would be known. Mayor Burroughs asked if it was required to show a buffering area outside the production area. Cunningham stated that there was an illustration showing a gas well production area and outside the gas well production area there was a green belt and the idea was that once the gas well was reclaimed in conjunction with the green belt, a park would be created. When the plat was submitted for review and approval, if the entire area was identified as the gas well drilling and production area, then the measured distance would be taken from that. If within the 5.2 acre site an internal gas well production area was shown, then the measurement would be taken from that. Within the plat, the gas well production area needed to be identified. Council Member Gregory stated that it was not from the edge of the gas well park to the residential property line. Cunningham stated that it all depended on how it was labeled on the plat when recorded. Council Member Gregory felt there needed to be a clearer definition of that condition. Council Member Watts questioned the reason for the Planning and Zoning condition regarding specific spacing requirements. Cunningham stated that on the 2001 Concept Plan, it indicated that wells would be drilled before construction no closer than 100 feet of residential property and 300 feet of a public assembly area. The condition was a version of what was written on the 2001 Concept Plan. Council Member Watts stated that the Planning and Zoning Commission condition did not reflect that exact language. Cunningham stated that the language was more specific and potentially more restrictive. When Subchapter 22 was amended last year, prior measurements were taken from the gas well head but when amended, the measurements were from the gas well drilling and production area to the protected use. Council Member Gregory asked if the Planning and Zoning Commission discussed the interpretation "before construction". Cunningham stated that he could not remember but if they did discuss it there probably were various interpretations of what it meant. Some interpretations meant prior to construction of residences. A review of the tape of the 2001 meeting indicated before construction of residences around the gas well parks. City of Denton City Council Minutes July 19, 2011 Page 14 Mayor Pro Tem Kamp stated that the language would apply to Gas Well Park #13 but questioned if would be apply to others going forward. Cunningham stated that it would only apply to this Detailed Plan which identified only one gas well park. The Mayor opened the public hearing. Steve Soriano, applicant, spoke in favor. He stated some of the conditions that were now in the proposed ordinance were not detailed at the Planning and Zoning Commission meeting but were talked about in concept. The ordinance from 2001 showed a typical gas park. There was a central area with well heads, with a fence around that, a gravel area with a block wall for buffer around the well heads and around that was a park-like area which was buffer from buffer. He had a concern if a new defined term for production area was added, which was not a defined area in the Concept Plan or Planned Development for Robson Ranch, it would add an element of confusion. If the production area became defined as the outmost perimeter of the gas park then that could be interpreted as 100 feet from the buffer for the buffer. He felt the conditions needed to stay with the language of the planned development and not introduce a new defined term. In terms of the first condition, the language “and to the extent not shown on the Detailed Plan, the city codes shall govern”, they were not looking to give up previous approvals. The noted wording was a discussion point but they would like the wording to indicate “to the extent shown in previous approvals” and not just in the Detailed Plan. There was a body of entitlements from 1998 and they would like to retain those approvals. He questioned a power point slide showing expired plats as those wells were actually drilled and questioned how they could be expired. Those wells were drilled and in place. Council Member Gregory stated that most of the Council concerns were with the co-existence of wells and residences. Mr. Soriano had indicated that he did not want to give up any of the Concept Plan previously approved. There were some gas well sites shown on the original Concept Plan that were not there on the Detailed Plan. He questioned if Mr. Soriano wanted to maintain the right to drill those wells. Soriano stated that he was not asking for that. He was referring to the other concepts dealing with street widths, size of the houses, etc. If it was not addressed in the current proposal, then he wanted the old provisions to stand. Council Member Gregory asked what Soriano thought the term “before construction” meant from the 2001 plan. Soriano stated it was before construction of the houses that would be built. Council Member Gregory stated that the wells would be drilled before the homes were built. Soriano stated that the intent was to get the wells drilled before the house was in place. Council Member Gregory asked if he would agree to a condition for the approval of the Detailed Plan that the City would not grant building permits for the homes within 1,000 feet of the wells until all the wells were completed within a gas park. City of Denton City Council Minutes July 19, 2011 Page 15 Soriano asked for a clarification of the proposal. Council Member Gregory stated that no building permits would be issued for the homes within 1000 feet or 700 feet or 800 feet of a gas well park until all of the initial drilling of the gas wells were completed. Soriano stated that he would be hesitant to do that as it might lead to greater uncertainty and a false illusion that drilling would be done. He was not clear on the term “initial drilling” and they were not the drillers of the wells, those were lease out to a company. Council Member Gregory stated that with Gas Well Park 13, if they were allowed four wells that after the fourth well was drilled, building permits could be issued for all of the homes in the area. But until the fourth well was drilled, building permits would not be issued for homes within 1000 feet of the drilling. Soriano stated that was not feasible. They had a public meeting that showed 1000 foot circumference around each well would eliminate a lot of the homes. He would not know when the drilling company was completed with the drilling. Every year there was new technology that might allow more drilling on site. Mayor Burroughs stated that the proposal at this meeting was dealing with Well #13. Currently there was no residential site at the location and it would be some time before there was residential development in the area. If the well came first, the language was already there to deal with it. It was the situation that if the residential development came first that there was uncertainty. If the well was already there, a buyer had that information to consider when purchasing. If the well was not already there, it became more of a notice problem for decision making. He asked if there was a spacing that, if the residential came first, Mr. Soriano could live with that was beyond 100 feet that would deal only with Gas Well Park #13. Soriano stated that the reason there were gas well parks instead of individual wells was that technology had improved to cluster the wells to minimize the number of homes impacted. His concern was that in the future a lessee of the gas park might want to drill on leased property and he did not want to restrict that as it was not his position to do that. He might consider a billboard on the gas park site to notice potential buyers of the future site. Mayor Burroughs asked if Council could impose a condition for on-site notice of a certain size to be maintained and visible from adjacent roadways until the first well was built. City Attorney Burgess stated that Council could impose that condition if the developer was offering that. Soriano stated that he would be comfortable with that which would make sure that people knew a site was proposed and would see the notice of the area. It would also protect the rights of the gas well company to drill. Council Member Roden asked about the status of Gas Well Park A. Soriano stated that it had been initially drilled with the fence and green belt around it. City of Denton City Council Minutes July 19, 2011 Page 16 Council Member Roden stated that at any point the gas company could come back to rework that well. Soriano stated that was correct. Council Member Roden stated that there were two sites in the proposed Detailed Plan noted as future sites and asked what the plans were for those two. Soriano stated that he had been told by the gas company that those sites were no longer needed. He did not believe that those two parks would come to Council for a Detailed Plan and the area probably would be converted to new houses. At this time, they were not considered at this meeting. If Council approved the plan, those two parcels were not to be considered. Council Member Roden asked if Soriano would consider a condition to the approval of the Detailed Plan to officially remove those as gas parks from the plan. Soriano stated that he would have to talk to the people who had the mineral rights. Right now they were not in a Detailed Plan as gas parks. There would be no way to remove them as they were not gas parks right now. He would have to come back with a Detailed Plan on those areas whether they would be gas well parks or residential homes. The gas company had indicated that they probably did not need those sites but he would want that in writing before he would give those up. He was willing but not able until he had it in writing that the tenant did not need them. Council Member Gregory stated that he appreciated the notification that was currently provided potential buyers prior to closing regarding the gas well sites. He was concerned that a billboard might still be somewhat misleading in terms of the area of the site. He questioned if Mr. Soriano would be comfortable with a condition to have sign but also something that would indicated the boundary of where the masonry site of the gas well park would be located. Soriano stated that they could have a sign large enough that it was an obvious future gas well site with the plat laminated on the billboard. It would remain until the first well was drilled. Council Member Gregory asked about the size of the sign. Soriano stated that Council or staff could help determine the size. Mayor Burroughs stated that he had asked the Assistant City Manager to perhaps have the sign the same size as the zoning notice sign in order to be consistent with the city’s regulations. Council Member Watts asked about the removal of Gas Well Park #9. Soriano stated that they were asking for approval of the Detailed Plan to show that houses would be built there instead of Gas Well Park #9. Council Member Watts stated that the original Detailed Plan from 2000-2001 showed all homes and then a Concept Plan came after that to inject gas well parks to overlay on the Detailed Plan. He was not sure why that did not work in reverse. It would be the same as if those two areas were designated as homes, there still would an opportunity to make an amendment to incorporate City of Denton City Council Minutes July 19, 2011 Page 17 the gas wells. In a meeting this morning, Soriano indicated that he had asked staff when originally submitted to make the areas residential but that staff would not allow that without a Concept Plan amendment. If that were allowed without an amendment to the Concept Plan at this time, was that something that Soriano would be willing to do. Todd Fitzgerald, project engineer, stated that working with staff through all of the different versions, that it was best to keep them as listed. Mayor Burroughs noted that there was a posting issue concerning those two areas. If Council were to try and change those to residential it could not be done at this meeting as it was not posted for that. Gas Well #9 was posted as residential but not the other two areas. Council Member Watts asked about the fencing around Gas Park G and that installation was being held for approval of the Detailed Plan. Soriano stated that the well had been completed in just the last few weeks and the fence was ready for installation. Council Member Watts questioned if pending approval of the plan at this meeting, would the fence be installed within 60 days. Soriano replied correct. Council Member Watts was concerned that the installation of the fence was contingent on approval of this proposal. Soriano stated that the houses north of the gas park and south of the existing houses were new to this Detailed Plan. If approved, the entrance to the gas park would be from the south. If not approved, they did not want to have the fence installed and then have the area potentially changed and the entrance had to be changed. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Kathleen Wazny, 9117 Perimter Street, Denton, 76207 stated that she was in favor of the Detailed Plan but would like a gas monitoring condition added such as 24/7 monitoring at each site patterned after monitoring at Flower Mound. Bruce Walker, 9805 Grandview Drive, Denton, 76207, spoke in opposition. Elma Walker, 9805 Grandview Drive, Denton, 76207, spoke in opposition Tom Morris, 15008 Edmondson Drive, Denton, 76207, spoke in support with conditions Mitzie Fiedler, 10012 Edmondson Drive, Denton, 76207, spoke in support with conditions such as Robson Ranch donate land for a fire station; monitoring as Flower Mound; pave an emergency exit; the creation of a task force to monitor safety at Robson Ranch; same restrictions as Rayzor Ranch; and not have grandfather conditions less than all other residents for the city of Denton. Bruce Fielder, 10012 Edmondson Drive, Denton, 76207, spoke in support but with conditions City of Denton City Council Minutes July 19, 2011 Page 18 Dr. Daniel Thomas, 9501 Perimeter Street, Denton, 76207, spoke in support Phillip Sweet, 9713 Grandview Drive, Denton, 76207, spoke in support of the plan Dorothy Fersch, 9609 Lindenwood Trail, Denton, 76207, spoke in opposition and asked for more time for consideration. John Fersch, 9609 Lindenwood Trail, Denton, 76207, clarified that not everyone who purchased at Robson Ranch received a map of the gas well locations before purchasing their property. The applicant was allowed a five minute rebuttal. Soriano stated that in terms of residents not receiving notification of the gas wells, he had documentation of some of those homeowners signing the information sheet and the date signed but who continue to say they were not notified. He spoke with staff regarding the sign was that being requested and was told that it would require a Detailed Plan amendment in order to put up a sign. If that were true, he would probably not be in favor of that condition if he had to do a Detailed Plan amendment. Council Member Roden stated that the residents had brought forward a number of conditions one of those being a paved northern evaluation route. Soriano stated that the traffic studies had the traffic going out Michelle Way and the main entrance of the community at Robson Blvd. As they continued to develop, the roads to the north would be developed. The gas companies had put in a crushed limestone road where the road would be. Those types of roads were designed to handle the weight of a rig. That road could not be paved at this time as that was the location where the utilities would be located. The road would be paved in segments as the area was developed. Council Member Roden stated that another resident concern was various types of gas well monitoring. Several kinds were mentioned such as noise, leaks, and gas emissions. He asked if the developer would have any interest in working with some sort of monitoring systems throughout the development. Soriano stated that they were in support of monitoring as the appropriate regulatory agencies wanted to do. They were home builders and did not know how to monitor. They had offered up a piece of land should one of the regulatory agencies want to set up additional or above average equipment at the location. Council Member Roden stated that it sounded like there were a number of citizens who might want to research what would be appropriate monitoring in the area and asked Soriano if he would be willing to fund those suggestions. Soriano stated that he could not answer that as it was too open and undefined. Mayor Burroughs asked about the intent for a donation of a fire station site. That was one of the original projections for dedication. He questioned if that was still a long term or short term projection for the development. Soriano stated that the issue had come up at the Planning and Zoning Commission meeting and he had been asked if requested, would they dedicate a fire station site. They were willing to do that upon a written request and a mutual agreement on a site. City of Denton City Council Minutes July 19, 2011 Page 19 Council Member Engelbrecht asked if the developer had any discussion with the Fire Department with regards to entry of the property via Lively Road. Soriano stated he personally had not but that the Design Review Committee had reviewed the plan with various public safety departments and there had been no comments on something that needed to be modified. He thought someone from the Fire Department had been out there recently to look at the road. Mayor Burroughs stated that he had asked staff to inspect the road to see if it was adequate for the type of equipment needed to address fire or other emergency needs. Council Member Watts felt that it was the company’s position that the setbacks they were under were the ones prescribed in the 2001 Concept Plan which was the 100 feet before construction and the 300 feet for public assembly. He question if Soriano would object to looking at different setbacks. He was uncomfortable that there would be residential homes abutting gas well parks. He did not want to waive or give up the city’s rights if this was approved to which setback regulations were in effect. Soriano stated that the plan to be considered at this meeting was developed using the Concept Plan that included the 100-300 foot setbacks. He did not know how many lots would be lost if the buffer around the wells were increased to a minimum of 200 or 250 feet. While he wanted to have the plan approved, there was the factor that the other gas well pads were already platted and consideration was only for Gas Well #13. If expanding that to 200-250 feet on that well was the difference between receiving approval or denial then he was willing to do that on that well only. He would agree to 250 feet from the well head and not from the buffer. Council Member Watts stated that in that scenario, the residential distance would increase from 100 feet to 250 feet. He could understand not wanting to change the requirements for gas well parks already under construction but he was talking about only those that had not been platted. He asked Soriano to think about the wells already platted but that had no residential lots around them and the possibility of increasing the distance. Soriano stated that as they went through the final platting they would consider the request and maximize the distance from the well heads to the homes as best as they could. Council Member Watts asked if as condition to move forward for Gas Well Park #13 to have the minimum setback of 250 feet for residential property. Soriano replied yes on that well they would be willing to have that distance from the well head and not from the buffer. Council Member Engelbrecht asked if Soriano would work with Fire Department to allow access to the entrance on Lively Road. Soriano stated yes that they could have a key to the gate or a code or consent from the Council that in an emergency the gate could be knocked down. He indicated that he still had some concerns regarding the language of the stipulations. The distance would be from the well heads; and with the language dealing with the exception of Section 22 he would like the language to indicate that the previous entitlements of the Detailed Plan were still in effect and not just the one ordinance. City of Denton City Council Minutes July 19, 2011 Page 20 The Mayor closed the public hearing. Chief Hedges, Denton Fire Department, indicated that he had driven the north entrance and felt that the road could handle the fire/EMS equipment if needed. Mayor Burroughs asked if there was any equipment that the road would not be able to handle. Chief Hedges felt that the hook and ladder truck might not be able to use the road but that it would not be used in that situation. Mayor Pro Tem Kamp stated that one of the suggestions by the residents was to have a Denton task force on safety. She questioned that staff was already working with a committee of residents on public safety. Jon Fortune, Assistant City Manager, stated that staff had been participating with Robson’s Safety Committee and with joint training. The Fire Department had also provided community activities as requested. Council Member King asked about the placement of the sign without the requirement of a Detailed Plan amendment. Cunningham read the wording in current regulations concerning signs. Council Member King questioned that as the Council was considering the Detailed Plan at this meeting, could not a requirement for a sign be included in the Detailed Plan. Cunningham stated that there would be a requirement to show the specific locations of specific types of signs for the project which was typical for planned developments. Just any type of sign could not be erected in the planned development. Mayor Burroughs asked if the signage description was a zoning issue and that a zoning change would be needed to do that. Cunningham stated that an amendment to the language in the zoning would be needed to account for the sign. Mayor Burroughs asked about the City putting up the sign for a temporary use and the City paying for the sign. Cunningham stated that he would have to defer to the Legal Department because again Council was talking about a planned development with its own set of regulations. Mayor Burroughs asked if a planned development limited the looked of a gas rig. He questioned if it limited the look of a gas rig and the signage on it. He felt there was some room to find a resolution either in the gas regulations for safety notice or some other provision. Cunningham stated that until the Detailed Plan was approved, there was no particular use assigned to the site. City of Denton City Council Minutes July 19, 2011 Page 21 City Attorney Burgess stated that there was the possibility for staff to draft the conditions to think through the possibilities. She would like the opportunity to find latitude for provisions and come back with the conditions Council desired. Mayor Burroughs asked if Council could put in a condition and staff find way to meet the requirement. If not, Council could give direction for the condition to remain and the developer would receive a free Detailed Plan amendment to get it done. Council Member Roden asked if Gas Park F and the related storage tanks was one area or two separately approved areas. Cunningham stated that the first amended Concept Plan in 2001 had storage tanks at two locations. There was also Gas Park F noted. The second Concept Plan amendment relocated the storage tank to another location in 2009. There were two separate facilities in the same general location. Council Member Roden asked about the notification requirements for potential buyers at Robson Ranch. Cunningham stated that whenever there was a proposed amendment to a Concept Plan or a proposed Detailed Plan or a previously approve Detailed Plan, a public hearing was required by the Planning and Zoning Commission and a public hearing at Council. Those public hearings were required to have property notifications. Specific to Robson Ranch, notifications were given to property owners within 200 and 500 feet, to all of the property owners in the planned development and also to the Homeowners Association. He could not speak to the notifications that were provided by Robson Ranch. Council Member Engelbrecht stated that when the drilling company started working a site, a sign had to be installed that identified the well by number. He asked if that requirement was on a Detailed Plan as it was part of a planned development. Cunningham stated that in planned development regulations, if particular language was omitted then the city’s language that applied to the closest zoning district would apply to that development. There were specific regulations concerning signage at Robson Ranch and it was not like the language was silent. Cunningham stated that there appeared to be a disagreement regarding Gas Well Parks D and B. The applicant stated that wells were drilled in those two parks. The City did not have records of permits in these two parks. He stated that if permits were issued for those wells, he asked to have a copy to update their records. Council Member Gregory asked if as the gas well drilling ordinance was revised and if in Phase 2 of that revision there was a requirement added for air monitoring, would the wells be subject to those regulations. Cunningham state that the regulations of the Denton Development Code would apply to anything other than the setbacks. City of Denton City Council Minutes July 19, 2011 Page 22 Council Member Roden asked for a clarification that condition #4 only applied to Gas Well Park #13. Cunningham state that this specific condition only applied to Gas Well Park #13 as there was language that applied to all other wells on the Concept Plan document. Council Member Roden stated that any future regulations could be applied to other gas well parks. Cunningham replied correct as long as it did not conflict with any other previously approved language in the planned development Concept Plan documents. City Attorney Burgess stated options for Council to consider were that staff could attempt to craft the provisions at the meeting or to have a discussion with Mr. Soriano at a later date to reach a position with a fully thought out set of conditions rather than trying to do it during the meeting. Mayor Burroughs felt it was important to identify the topics and restate the topics for the conditions and then give direction to staff to detail those provisions. City Attorney Burgess stated the conditions she had were: (1) a 250 foot setback for Gas Well Park #13 as measured from the well head to the residential property; a 300 foot setback as measured from the well head to an assembly area; (2) a signage question concerning the posting of signs at the site and staff to a find way to post the signs until the initial drilling at which time the sign would be removed; (3) fencing within 60 days from approval of the Detailed Plan at Gas Well Site G; (4) a statement that access would be provided off Lively Road for fire/EMS vehicles; and (5) noted language as requested by the developer for clarification regarding previous entitlements. Mayor Burroughs noted a provision of real estate necessary to implement monitoring if and when monitoring was required by the proper authority. Mayor Pro Tem Kamp asked if that needed to be a condition or could it be a clarification in a report from staff on how it would take place. City Attorney Burgess stated that staff would be looking at a number of different issues when dealing with Phase 2 and that provision could be considered then instead of in this proposal. That language could be included for gas well monitoring as well as land for a future fire station. Council Member Roden asked about an additional disclosure at the time of contract for the possible reworking of wells. City Attorney Burgess stated that revolved around planning issues. She questioned if disclosure in the event of refracking was incumbent on the developer or the gas lessee. Council Member Roden asked about the two gray zones and a declaration from the developer on the intent of those two areas. City of Denton City Council Minutes July 19, 2011 Page 23 Mayor Burroughs noted Council could give direction for the city to facilitate removal of those from the plan. He asked about the Planning and Zoning Commission condition about water and sewer. City Attorney Burgess stated the conditions recommended by the Planning and Zoning Commission would be included. Council Member Gregory stated that Council Member Roden had suggested adding a condition to the Detailed Plan that the developer include in the disclosure statement about other work that might happen after the initial drilling. He questioned if that was going to be added as a condition. City Attorney Burgess stated that the discussion was whether that was for the developer or the lessee to perform that disclosure. Council Member Gregory felt that it could be part the notice to include that in the wording. Council Member Watts felt that the disclosure would be made to the original purchaser of a vacant lot and not be made to a subsequent purchase of that same lot. Mayor Burroughs stated that Council had identified the issues and staff would be able to work out the appropriate wording. Mayor Pro Tem Kamp motioned, Council Member King seconded to approve the ordinance with the conditions as noted in the discussion. Council Member Watts asked if the motion to approve was without seeing the specific language in the ordinance. City Attorney Burgess stated that Council could either approve the ordinance with the language submitted by staff or staff could bring the language back for Council to approve at a later meeting. Mayor Burroughs stated that he had great reservations on tabling the item again. Council Member Roden stated that there was at least one condition that had hypothetical language associated with it such as the sign issue. He also noted that there were some negotiations that were necessary with the developer. City Attorney Burgess stated that if a condition included in the ordinance was not possible, there was a severability provision in the ordinance. Staff knew what Council wanted to do but if Council wanted to be sure of the language, it might be best not to act on it at this meeting and bring it back. Mayor Pro Tem Kamp stated that the applicant had agreed to everything on the list except for the sign which was the Council’s suggestion. Council Member Watts agreed with the postponing of consideration until the language was resolved. City of Denton City Council Minutes July 19, 2011 Page 24 Mayor Pro Tem Kamp motioned, Council Member King seconded to continue the consideration of the item until the August 2, 2011 council meeting to review the language on the conditions on the Detailed Plan amendment. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 6. CONCLUDING ITEMS A. 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 presented by Council at this meeting B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs indicated that the Council would be going back into Closed Session. C. 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 Session items. The Council returned to Closed Session at 11:47 p.m. to consider the following: Council Member King left the meeting. B. Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Real Property - Under Texas Government Code Section 551.072. City of Denton City Council Minutes July 19, 2011 Page 25 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas, and located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would 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, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. C. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1.Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to a property owner for the purpose of redeveloping a major retail facility in the City of Denton, located at Loop 288 and I-35E. This discussion shall include commercial and financial information the City Council has received from the property owner which the City Council seeks to have the property redeveloped in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. D. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1.Consult with and provide direction to the City's attorneys regarding the claim and threat of litigation received from the Carolina Transformer Contribution Action Plaintiffs coalition, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council and to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 3.Consult with, and provide direction to, City's attorneys on legal rights, restrictions, obligations, and issues associated with the proposed annexation of DH-7, DH-9, and DH-12, where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation. City of Denton City Council Minutes July 19, 2011 Page 26 4.Consult with, and provide direction to, City's attorneys on legal rights, restrictions, obligations, and issues associated with the proposed annexation of an area along FM 2164 and west of Little Joe Road in the City of Denton's northern extraterritorial jurisdiction, where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation. The Council went back into Open Session at 1:30 a.m. and with no further business, the meeting was adjourned. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS