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August 5, 2008 Minutes CITY OF DENTON CITY COUNCIL MINUTES August 5, 2008 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, August 5, 2008 at 4:00 p.m.in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, Thomson, and Watts. ABSENT: None 1.Staff responded to requests for clarification of agenda items listed on the agenda for August 5, 2008. Council Member Mulroy noted that the minutes of Item 4C did not reflect the consensus of the CIP Oversight Committee to support the nomination of Jerry Mohelnitzky to the committee. He supported that nomination and would be making the motion at the regular meeting. Council Member Watts indicated that he would be pulling Item R for separate consideration. Mayor Burroughs asked about the bidders for Item G on the Consent Agenda. Tom Shaw, Purchasing Agent, stated that the bid specifications detailed how manufacturers could get on the approved bidders list. City Manager Campbell stated that Item 4A regarding the Inspiration Master Planned Community was not ready for consideration and suggested that Council not remove it from the table. The developer did not have all of the requested information ready for Council. Council Member Watts indicated that he would be making a motion to reopen the public hearing for the Inspiration Master Planned Community. City Manager Campbell suggested making a motion to remove the proposal from the table. If that passed, then a motion would be needed to re-advertise the proposal as a public hearing. Once that motion was considered, the item should be tabled again. 2.The Council received a report, held a discussion and gave staff direction regarding nominations to the City’s Boards and Commissions. The Council may convene into Closed Session under Texas Government Code Section 551.074 to deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Construction Advisory and Appeals Board, the Economic Development Partnership Board, the Historic Landmark Commission, the Planning and Zoning Commission, the Traffic Safety Commission, and the Zoning Board of Adjustment. Jennifer Walters, City Secretary, reviewed the nominations previously submitted by the Council. Council discussed the nominations and submitted new nominations for Council consideration. Under Section 551.074 of the Texas Government Code, the Council convened in a Closed Session at 4:30 p.m.to deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely City of Denton City Council Minutes August 5, 2008 Page 2 advisory powers, which includes without limitation the Construction Advisory and Appeals Board, the Economic Development Partnership Board, the Historic Landmark Commission, the Planning and Zoning Commission, the Traffic Safety Commission, and the Zoning Board of Adjustment. Council reconvened in Open Session at 4:40 p.m. Mayor Burroughs announced that the Council would be returning to Closed Session in order to allow the outside attorney to make his presentation. Closed Meeting: A.Deliberations regarding Real Property – Under Texas Government Code Sec. 551.072. Consultation with Attorney – Under Texas Government Code Sec. 551.071. 1.Discussed, deliberated, and received information from Staff, and provided staff with direction pertaining to updated issues regarding the Lease Agreement related to the Regional Recyclables Processing Agreement, both agreements being heretofore approved by the Denton City Council on October 2, 2007; which Lease Agreement is for a six acre tract of land situated within the City of Denton Landfill. Consultation with the City’s attorneys and outside legal counsel regarding legal issues and advice associated with the updated issues respecting the two above-referenced agreements, where having a public discussion of these legal matters, would conflict with the duty of the City’s attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas. Council reconvened in Open Session at 5:03 p.m. 3.Council received a report, held a discussion and gave staff direction regarding appointments to Council committees. Jennifer Walters, City Secretary, reviewed the preferences that Council had submitted for Council Committees. After discussion, Council confirmed the revised list of Council Committees. 4.The Council received a report, held a discussion and gave staff direction regarding economic development incentives. Linda Ratliff, Director of Economic Development, reviewed various options available for economic development incentives. Those incentives included an economic development sales tax, a city/county venue project tax, tax increment financing options, public improvement districts, municipal management districts, Texas enterprise zones, Freeport exemptions, tax abatements, Denton tax abatement policy, and grants and loans. She also reviewed the incentive process used with prospects. City of Denton City Council Minutes August 5, 2008 Page 3 5.The Council received a report and held a discussion to consider authorizing the Mayor to sign and send a letter to officials of the Texas Commission on Environmental Quality ("TCEQ") requesting the Commission to limit the term of Permit 1360A to coincide with the State Implementation Plan Review, or if this term limit is not feasible due to statutory or similar requirements, formally requesting a special permit condition preventing the emission rates from receiving “grandfather” status during development and implementation of the State Implementation Plan. Howard Martin, Assistant City Manager, stated that on June 24, 2008, TXI Operations, LP applied to the Texas Commission on Environmental Quality for an Air Quality Renewal Permit. This permit was a renewal of an existing air quality permit, with no changes in operational conditions, to allow continued emissions for four cement manufacturing kilns owned by TXI and operated in Midlothian. The kilns controlled by this permit were “wet kilns”, which utilized a much more energy intensive manufacturing process and emitted substantially more contaminants into the air when compared to more modern “dry” kilns. The particular kilns that were regulated by permit 1360A also burned hazardous wastes, and thus had the potential to emit additional air quality contaminants in substantially greater quantities when compared to a comparable dry kiln. Because of the link between emissions from these plants and air quality, the citizens of Denton, as well as those of the Dallas/ Fort Worth Metroplex were potentially affected by this plant. Staff members from both Fort Worth and Dallas had indicated that Mayors of both cities would petition the TCEQ to grant the permit for a shortened year period only, as opposed to the “normal” period of 10 years. The intention was to ensure the next permit renewal cycle for Permit 1360A coincided with the development and implementation phase for the next State Implementation Plan, and would allow for discussion and development of strategies for reducing ozone and other air quality contaminants at that time. Denton staff recommended a similar approach, both to support the efforts of other Metroplex cities in dealing with the regional challenges of air quality improvement, as well as to provide a more unified position among member cities when petitioning the TCEQ for a reduction in the permit term. Consensus of Council was to proceed with the submission of the letter. Council returned to Closed Session to discuss the following: Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086. 1. Received information from staff, discussed, deliberated and considered approval of a competitive public power information and financial matter from staff regarding the proposed Interconnection Agreement by and between the City of Denton, Texas and Denton Power, LLC. Council continued with the Regular Meeting at 6:45 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes August 5, 2008 Page 4 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards There were no proclamations/awards for this meeting. 3. CONSENT AGENDA Council Member Heggins left the meeting. Mayor Burroughs stated that Item R had been pulled for separate consideration. He reviewed the items for consideration on the Consent Agenda. Watts motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item R. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Item R was considered. Council Member Heggins returned to the meeting. Watts motioned, Kamp seconded to deny the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A. 2008-161 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Retired and Senior Volunteer Program to assist with funding of postage; providing for the expenditure of funds; and providing for an effective date. ($300) B.2008-162 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and HOPE, Inc. to assist with funding computer support equipment; providing for the expenditure of funds; and providing for an effective date. ($500) C.2008-163 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Court Appointed Special Advocates to assist with funding of phone cost, local travel for child visits and office supplies; providing for the expenditure of funds; and providing for an effective date. ($350) D.2008-164 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Adult Day Stay Center to assist with funding for web site support, storage cabinet and/or office supplies; providing for the expenditure of funds; and providing for an effective date. ($300) E.2008-165 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Our Daily Bread to assist in providing food City of Denton City Council Minutes August 5, 2008 Page 5 supplies; providing for the expenditure of funds; and providing for an effective date. ($1,350) F.2008-166 - An ordinance accepting competitive bids and awarding a contract for the purchase of an electric transmission conductor for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4065–Annual Contract for Electric Transmission Conductor awarded to the lowest responsible bidder meeting specification, Stuart C. Irby, in the annual estimated amount of $244,020 plus a refundable deposit of $41,000). The Public Utilities Board recommended approval (6-0). G.2008-167 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of wood utility poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4056–Annual Contract Agreement for Wood Utility Poles awarded to the lowest responsible bidder, Nationwide Utility Poles & Supply, Inc., in the annual estimated amount of $354,624.88). H.2008-168 - An ordinance providing for the expenditure of funds for the emergency purchase of sodium hydroxide in accordance with provisions of state law exempting such purchases from requirements of competitive bidding; and providing an effective date. The Public Utilities Board recommended approval (6-0). I.2008-169 - An ordinance approving Amendment No. 3 to the professional services agreement by and between the City of Denton, Texas and R. W. Beck, Inc. to provide additional professional design and engineering services at the City’s landfill site; authorizing the expenditure of funds therefor in the amount of an additional $82,000 (for a grand total of $782,500); and providing an effective date. The Public Utilities Board recommended approval (6-0). J.2008-170 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second amendment to a professional services agreement with R. J. Covington Consulting, LLC for further consulting services relating to Task Orders No. 07-D and 07-F, by approving further Task Order No. 08-A, providing for continuing regulatory and professional services at the Electric Reliability Council of Texas (“ERCOT”) and the Public Utilities Commission of Texas (“PUCT”) related to Nodal Market Transition and ever- changing developments that directly affect Denton Municipal Electric, and other relevant issues that arise in the various rule-makings and proceedings, and to keep DME staff informed of the status of these matters and to alert Denton Municipal Electric regarding any issues that may affect the ability of Denton Municipal Electric to serve its customers in a cost-effective and competitive manner, and other related professional services; authorizing the expenditure of funds therefor; and providing an effective date (Task Order No, 08-A–An additional sum of $40,000, and when totaled with the Task Orders 07-D and 07-F, which total $100,000–for a grand total of $140,000). The Public Utilities Board recommended approval (6-0). City of Denton City Council Minutes August 5, 2008 Page 6 K.2008-171 - 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 for further consulting services relating to Task Orders No. 07-C, by approving further Task Order No. 08-B, providing for continuing regulatory and professional services at the Electric Reliability Council of Texas (“ERCOT”) and the Public Utilities Commission of Texas (“PUCT”) related to implementation of the Nodal Market Design, the development of additional transmission facilities, to deliver wind power to ERCOT markets, the inclusion of new service territories into ERCOT that might significantly affect transmission costs, and other related professional services; and to keep DME staff informed of the status of these matters and to alert Denton Municipal Electric regarding any issues that may affect the ability of Denton Municipal Electric to serve its customers in a cost-effective and competitive manner, and other related professional services; authorizing the expenditure of funds therefor; and providing an effective date (Task Order No. 08-B–An additional sum of not-to-exceed $40,000, and when totaled with related Task Order 07-C, totals $120,000). The Public Utilities Board recommended approval (6-0). L.2008-172 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Bioxide for the City of Denton Wastewater 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 4102–to Siemens Water Technologies Corp. in the amount of $2.04/gallon for an annual estimated amount of $75,000). The Public Utilities Board recommended approval (6-0). M.2008-173 - An ordinance accepting competitive bids and awarding a contract for the purchase of galvanized steel transmission poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4071–Purchase of Galvanized Steel Transmission Poles awarded to Valmont-Newmark in the amount of $3,061,079). The Public Utilities Board recommended approval (6-0). N.2008-174 - An ordinance accepting competitive bids and awarding a contract for the purchase of galvanized steel structures for RD Wells Interchange; providing for the expenditure of funds therefor; and providing an effective date (Bid 4078- Purchase of Galvanized Steel Structures awarded to Parks Metal Fabricators, Inc. in the amount of $267,523 and Dis-Tran Steel Fabrication, LLC in the amount of $67,260 for a total bid award of $334, 783). The Public Utilities Board recommended approval (6-0). O.2008-175 - An ordinance of the City of Denton, Texas amending the fiscal year 2007-08 Budget and Annual Program of Services of the City of Denton for the Fleet Services fund to allow for an adjustment of nine hundred thousand dollars ($900,000) to provide for the purchase of fuel and its associated costs for all internal departments as well as the Denton County Transportation Authority; for City of Denton City Council Minutes August 5, 2008 Page 7 the Solid Waste fund to allow for an adjustment of nine hundred eighty nine thousand one hundred eighty four dollars ($989,184) to provide for an increase in operational expenditures and for the purchase of fuel and its associated costs; and for the Police Department to allow for an adjustment of forty four thousand seven hundred and seventy dollars ($44,770) and to create a separate detailed special revenue fund for the photographic traffic signal enforcement program to provide for the purchase of operating equipment and its associated costs; declaring an emergency; providing a severability clause; providing for an open meetings clause and providing for an effective date. The Public Utilities Board recommended approval of the Solid Waste budget amendment. P.2008-176 - An ordinance of the City Council of the City of Denton, Texas, approving a grant application from ARG East Hickory Partners from the Downtown Incentive Grant Program not to exceed $15,000; and providing for an effective date. The Economic Development Partnership Board recommended approval (6-0). Q.2008-177 - An ordinance of the City Council of the City of Denton, Texas, approving a grant application from John Thorngren from the Downtown Incentive Grant Program not to exceed $2,360; and providing for an effective date. The Economic Development Partnership Board recommended approval (6-0). APPROVAL DENIED R. - An ordinance authorizing and approving the execution of a First Amendment to Regional Recyclables Processing Agreement and also authorizing and approving a First Amendment to lease agreement by and between the City of Denton, Texas and Visy Recycling, Inc., d/b/a Pratt Recycling, relating to the leasehold financing of lessee’s interest therein with a third-party financial institution; and providing for an effective date. S.R2008-026 - A resolution of the City Council of Denton, Texas authorizing the suspension of proposed rates and the intervention in the public utility commission proceeding involving the request to increase electric rates of Oncor Electric Delivery Company; authorizing participation in a coalition of municipalities known as the Alliance of TXU/Oncor customers ("ATOC"); providing for the retention of experts; finding that the meeting complies with the open meetings act; such other findings and provisions related to the subject; and declaring an effective date. T.2008-178 - An ordinance of the City of Denton, Texas, approving the donation of a windmill to the Denton County Historical Society, Denton, Texas, providing a severability clause and an effective date. 4. ITEMS FOR INDIVIDUAL CONSIDERATION Tabled A. – Consideration of adoption of an ordinance of the City of Denton, Texas, for a zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 138 (PD-138) zoning districts to the Inspiration City of Denton City Council Minutes August 5, 2008 Page 8 Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (MPC07-0001, Inspiration) The Planning and Zoning Commission recommended approval (7-0). Watts motioned, Heggins seconded to remove the item from the table. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Watts motioned, Kamp seconded, that in light of new information, continued interest shown by citizens and the passage of time, to reopen the public hearing for this proposal and to re-advertise as such. The public hearing would be scheduled for the first council meeting in September if notices could be done in time. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Kamp motioned, Heggins seconded to return the item to the table. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B. The Council considered nominations/appointments to the City's Economic Development Partnership Board. Council Member Thomson stated that two members from the council and one member from the Denton Chamber of Commerce formed the nominating committee as directed in the enabling ordinance. Thomson motioned, Kamp seconded to appoint the following to the Economic Development Partnership Board: Mark Burroughs representing the City Council, Marty Rivers representing the Chamber of Commerce, Stan Morton representing the top twenty ad valorem or sales tax payers and Gretchen Bataille representing the University of North Texas. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C. Council considered approval of a resolution amending Resolution No. R2005-015 by filling a vacancy of the Citizens Advisory Oversight Committee; and providing an effective date. The following resolution was considered: City of Denton City Council Minutes August 5, 2008 Page 9 NO. R2008-027 A RESOLUTION AMENDING RESOLUTION NO. R2005-015 BY FILLING A VACANCY OF THE CITIZENS ADVISORY OVERSIGHT COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Heggins seconded to appoint Jerry Mohelnitzky and to approve the resolution. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. D.The Council considered approval of a resolution appointing one member to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date. The Mobility Committee recommended approval (3-0). The following resolution was considered: NO. R2008-028 A RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. Moreno motioned, Kamp seconded to appoint Guy McElroy to the Denton County Transportation Authority Board of Directors. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. E. The Council considered appointments to the following boards and commissions: 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Construction Advisory and Appeals Board 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. TMPA Board of Directors 13. Traffic Safety Commission 14. Zoning Board of Adjustment Mulroy motioned, Kamp seconded to approve the list of nominees as discussed during the Council Work Session and as displayed during the regular meeting pending confirmation of qualifications. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. City of Denton City Council Minutes August 5, 2008 Page 10 F. Citizen Reports 1.Review of procedures for addressing the City Council. 2.The Council received citizen reports from the following: A.Robert Donnelly regarding the Development Code and open government. Mr. Donnelly stated that he had previously expressed concerns about the selling of mulch at landfill. He had received information from staff indicating that the mulch was really sold at the wastewater treatment plant and not the landfill. He appreciated that information. He also was concerned about the issuing of building permits at Lowes with a related drainage issue. He tried to get an appointment with Freese and Nichols but was told that citizens could not meet with them without a city employee there. He was concerned about there not being any offsite drainage plan at the site. G. New Business and Announcements The following items of New Business were suggested by Council for future agendas or announcements were made: Council Member Watts requested research regarding various delivery trucks parking in the middle of the streets on the Square to make deliveries. He asked if there were any ordinances to regulate that situation and suggested time parameters to deliver goods. Council Member Heggins announced that there would be a back-to-school give-away at the Martin Luther King, Jr. Recreation Center on Saturday. H. City Manager’s Report City Manager Campbell reminded Council of the budget session on Thursday at 8:30 a.m. I. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs announced that Council would be returning to the Closed Session. J. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting Items. Council convened in Closed Session at 7:30 p.m. to consider the following: Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071 and Section 551.087 – Deliberations regarding Economic Development Negotiations. 1. Discuss or deliberate regarding commercial or financial information that the City Council has received from business prospects that the City City of Denton City Council Minutes August 5, 2008 Page 11 Council seeks to have locate, stay or expand in or near the territory of the City of Denton and with which the City Council is conducting economic development negotiations, relating to a master plan business park. With no further business, the meeting was adjourned at 8:13 p.m. ________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS