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March 6, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES March 6, 2007 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 6,2007 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding the 2006 Comprehensive Annual Financial Report and annual audit. Jennifer Varley, Interim Director of Finance, stated that the audited financial statements indicated a clean opinion of the audit. There were few management letter comments regarding internal administrative controls. The Single Audit Report was also clean, which dealt with the City's grants. This document had been completed in a timely manner considering the significant staff turnover the past several months. Dee Niles, KPMG, stated that the auditors presented an unqualified opInIon on the City's financial statements. That meant that all information was materially correct with reasonable assurance that the financial statements did not have any errors. An audit of the federal grants also was unqualified with no findings. The auditors did note a few minor comments for performance controls. 2. The Council received a report, held a discussion and gave staff direction regarding a Downtown Incentive Reimbursement Grant Program. The Economic Development Partnership Board recommended approval (5-0). Linda Ratliff, Director of Economic Development, stated that the Downtown Task Force was charged with creating an incentive program to promote desired development/redevelopment in the downtown area. There were diverse issues in downtown with much of the property in the flood plain. Two programs were discussed: one associated with funds generated from a tax increment financing district (TIF) and the other a downtown incentive reimbursement grant program. The boundaries for a TIF had not yet been identified but staff would like to have them established by the end of this year. Other issues to consider when dealing with structures in the downtown area dealt with renovations to the old buildings such as electrical wiring, plumbing and other infrastructure issues. A way to help with redevelopment was a 50/50 match grant for certain items. It was suggested by the Task Force that a minimum of $250,000 be allocated to the fund the first year, with adequate funding in following years to maintain that level of funding. Mayor McNeill questioned if a property owner would come forward with a project and the city pay half of the cost. Ratliff indicated that the reimbursement would be based upon receiving proof of expenditure and completion of work. Council discussed the issues associated with the areas of flood plain in the downtown area and upcoming CIP projects. Consensus of the Council was to bring back the policy for consideration. City of Denton City Council Minutes March 6, 2007 Page 2 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for March 6, 2007. Regular Meeting of the City of Denton City Council on Tuesday, March 6,2007 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor McNeill presented a proclamation for Surveyor's Week. 3. CONSENT AGENDA Robert Donnelly spoke on Item 3B and felt the City was giving up a good deal with the removal of the 5% cap. Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. A. 2007-051 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Parks Foundation to assist with preparation for the 2007 Cinco de Mayo celebration; providing for the expenditure of funds therefor; and providing for an effective date. B. 2007-052 - An ordinance authorizing the City Manager or his designee to execute Change Order One (removing the 5% annual cap on the contract's escalation clause) to the contract between the City of Denton and ABB, Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 3282- Change Order One to Three-Year Agreement for Purchase of Medium Voltage Switchgear Buildings). The Public Utilities Board recommended approval (4-0). C. 2007-053 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of a flushing/vacuum combination unit for the City of Denton Wastewater Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3728-lnterlocal Agreement for Flushing/Vacuum Unit with H-GAC awarded to Hi-Vac Corp/AQUATECH in the amount of $149,278.08). The Public Utilities Board recommended approval (6-0). City of Denton City Council Minutes March 6, 2007 Page 3 D. 2007-054 - An ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the Lower Colorado River Authority (LCRA) under Section 271.102 of the Local Government Code, for the purchase of electric distribution cables; providing for the expenditure of funds therefor; and providing an effective date (File 3743- Interlocal Agreement for Purchase of Electric Distribution Cables with LCRA awarded to Techline, Ltd., in the amount of $382,460). The Public Utilities Board recommended approval (4-0). E. 2007-055 - An ordinance of the City of Denton, Texas approving an agreement between the City of Denton and the North Texas Umpire Association; determining a sole source and approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 3744- Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $57,000). F. 2007-056 - An ordinance authorizing the Mayor to approve a second amendment to that certain Economic Development Program Grant Agreement with Teasley Partners, Ltd. to extend the dates of substantial completion of the improvements covered by the grant agreement from December 31,2006 to June 30, 2007; and providing an effective date. The Economic Development Partnership Board recommended approval (5-0). G. R2007-005 - A resolution appointing members to the Board of Directors of the Industrial Development Authority Board; and providing for an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit to allow gas well drilling and production in a floodway. Two gas well development sites were proposed, one was proposed on the east side and the other on the west side of Bonnie Brae south of Roselawn Drive. The development was located within a Neighborhood Residential 2 (NR-2) zoning district. (806-0013 Henderson #1 and #2 Wells) The Planning and Zoning Commission recommended approval (7-0). Brian Lockley, Interim Director of Planning and Development, stated that the proposal was for a specific use permit to allow gas wells and drilling in a floodway. In addition to the SUP, the applicant will be required to obtain a Watershed Protection Permit since the property was located in an Environmentally Sensitive Area. Two drilling sites were proposed and were currently being platted. Before approval of the plats, the SUP needed to be approved by Council. There was limited development around the proposed sites with the nearest residence over 1000 feet from the sites. The proposal had been reviewed by the Planning and Zoning Commission which recommended approval 7-0. City of Denton City Council Minutes March 6, 2007 Page 4 Council Discussion- . There were stringent requirements for the development of the gas wells, especially in this type of area. . The conditions noted by Planning and Zoning were incorporated in the site plan. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Phil Henderson, property owner, spoke in favor of the request. Bill Coleman, speaking on behalf of the applicant, spoke in favor of the request. The Mayor closed the public hearing. The following ordinance was considered: NO. 2007-058 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW GAS WELL DRILLING AND PRODUCTION IN A FLOODWAY, GENERALLY LOCATED ON BOTH SIDES OF BONNIE BRAE STREET SOUTH OF ROSELA WN DRIVE, AND LEGALLY DESCRIBED AS ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE S. PRITCHETT SURVEY, ABSTRACT NUMBER 1004, AND THE J. EDMONDSON SURVEY, ABSTRACT NUMBER 400, DENTON COUNTY, TEXAS, AND BEING A PART OF THE 400 ACRE TRACT DESCRIBED IN THE DEED FROM SPRINGSIDE JERSEY FARM TO W. T. HALL RECORDED IN VOLUME 266 PAGE 591 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AS RECOGNIZED AND OCCUPIED ON THE GROUND; PROVIDING FOR A PENAL TY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S06-0013) Council Member Thomson stated that he would not be voting for the ordinance due to the disturbance in the ESA and the development in the flood plain. Kamp motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "nay" and Mayor McNeill "aye". Motion carried with a 6-1 vote. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance authorizing the Mayor 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 and to repeal all ordinances to the extent of conflict therewith (the split-payment option for payment of taxes); and providing an effective date. The Audit and Finance Committee recommended approval (3-0). City of Denton City Council Minutes March 6, 2007 Page 5 Gary Calmes, Treasury Tax Manager, stated that this proposal would contract with Denton County to bill and collect city taxes. A cost analysis indicated that the City would save $73,000 the first year and $20,000 the second year. Staff had worked on the details of the contract with Denton County. The split payment option would be repealed with this proposal which would affect about 79 taxpayers. Denton was the last city in the County still collecting its own taxes. The following ordinance was considered: NO. 2007-058 AN ORDINANCE AUTHORIZING THE MAYOR 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 AND TO REPEAL ALL ORDINANCES TO THE EXTENT OF CONFLICT THEREWITH (THE SPLIT-PAYMENT OPTION FOR PAYMENT OF TAXES); AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council considered nominations/appointments to Boards, Commissions and Committees. 1. Traffic Safety Commission - Council Member Heggins Council Member Heggins nominated John Crew to the Traffic Safety Commission. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. Citizen Reports 1. Council reviewed procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Robert Donnelly regarding the Development Code. Mr. Donnelly presented information concerning the buffering and screening requirements for Providence Place II. The Development Code indicated that a 10-foot buffer with a wood fence was required. The development's landscape plan indicated a 10- foot buffer, which complied with the Code but the site plan showed an 8-foot buffer. The fire lane was already poured with an 8- foot buffer and a dumpster within 5 feet. The development was again not following the Code and he asked the Council to follow the Code. The Code indicated that a building permit or certificate of occupancy was not to be issued until and unless there was compliance with the Chapter. It was too late on the building permit but he asked that the certificate of occupancy not be issued until the development was in compliance. He also indicated that this was not the only issue he had with this development not following the Code. City of Denton City Council Minutes March 6, 2007 Page 6 B. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. C. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. D. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. E. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth shared a dream he had about the Council with respect to African-American firefighters and the homeless. D. New Business Council did not have any items for New Business. E. City Manager's Report City Manager Campbell did not have any items for Council. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no Closed Session. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Session items. With no further business, the meeting was adjourned at 7:15 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS