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November 2, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES November 2, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 2, 2010 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member King, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: None. 1. Citizen Comments on Consent Agenda Items Nan Goplerud, Mayborn School of Journalism, stated that the Mayborn School appreciated the opportunity to work with the city's public access channel. She felt they were qualified to operate the access channel and welcomed the opportunity to do so. Sam Alexander, 3219 McReynolds Road, Sanger, 76266, spoke on Consent Agenda Item V. Bob Clifton, 1800 Morse, Denton, 76201, spoke on Consent Agenda Item V. 2. Requests for clarification of agenda items listed on the agenda for November 2, 2010. Council Member Gregory questioned Item W and whether the city was providing additional dollars for the land only and DCTA was providing the building or was the city providing the building and the land. Vance Kemler, Director of Solid Waste, stated that this was a third amendment for a three month extension of the existing lease which DCTA leased from the city. Council Member Watts stated that it would be a third amendment for a temporary extension to allow for renegotiation of the lease for a new building. Kemler stated correct that the current lease was for three years with two extensions and this proposal would extend the lease for an additional three more months to allow for the negotiation of a new lease. Mayor Burroughs stated that Consent Agenda Item 4T showed the place of business for the awarding of the contract was Kansas but Exhibit 2 indicated it was Prosper, Texas. Phil Williams, General Manager-DME, stated that the principle place of business was in Kansas but their local office was in Prosper. Council Member King questioned Consent Agenda Item Q as to whether the ban included snuff and chewing tobacco. Emerson Vorel, Director of Parks and Recreation, stated that all tobacco products would be banned. City of Denton City Council Minutes November 2, 2010 Page 2 Council Member Watts requested a memo associated with Consent Agenda Item U and whether the cost based on grant funds was still within budget for that project. Council considered Item 44 4. Receive a report, hold a discussion, and give staff direction on proposed revisions to the new Animal Care and Adoption Center Master Plan. Scott Fletcher, Captain-Denton Police Department, presented prior steps involved in the shelter. Those included a feasibility study, a master plan, a City-Denton Animal Shelter Foundation agreement, land purchase, Denton Animal Shelter Foundation capital campaign and an examination of alternative sites. Alternative sites were determined to not be feasible and downsizing was considered. Shelter features included a change of focus, an emphasis on adoption, a positive environment, an emphasis on animal habitats, and improved service. The change in focus would be to change the perception in people's understanding that the Animal Shelter was a place to adopt animals. Cat habitats would have 36 individual kennels, 2 large colony rooms, 1 screened porch and 1 get acquainted room. Cat holdings would have 54 stray kennels, 18 quarantine kennels and 9 sick/isolation kennels. Dog habitats would have 36 individual kennels, 1 display room, and 4 get acquainted rooms. Dog holding would have 49 stray kennels, 15 quarantine kennels, and 15 sick/isolation kennels. Bryan Langley, Chief Executive Officer, presented FY 2010-11 Debt Issuance Plans. The FY 2010-11 adopted budget anticipated the issuance of $12 million in bonds for General Government purposes. An additional $9 million in Certificates of Obligation were planned to be sold in FY 2013-14 in order to provide matching funds for the Bonnie Brae and Mayhill Road projects. He stated that all planned bond sales beyond FY 2010-11 were contingent upon favorable economic factors. Animal Shelter funding needs were discussed. Constriction costs were originally estimated between $8 and $9.3 million. Cost sharing between DASF and the city was not specified in the August 2007 agreement. The City had already spent $1 million for land acquisition and the DASF now anticipated raising $2 million in donations for the constriction of the facility. Using revised plans, the total constriction costs were now estimated to be $4 million to $5 million. Annual operating costs were also expected to increase by $166,000 due to additional staffing needs. These additional costs were not included in the five year financial forecast for the General Fund. As the constriction of the animal shelter was not anticipated in the five year financial plan, and to avoid a tax increase, the following potential CIP funding options were developed. (1) Delay the issuance of debt related to the animal shelter until the next bond program can be approved by voters in approximately 2015-16. (2) Delay the issuance of the remaining $6.2 million 2005 voter approved General Obligation bonds. (3) Delay or eliminate the proposed issuance of Certificates of Obligation for vehicle replacement or facility improvements. (4) Delay or eliminate issuance of debt for the Public Safety Training Facility. (5) Delay and/or reduce the size of future voter authorized bond program. (6) Partially fund the animal shelter improvements from alternative source of funds such as the non-airport gas well funds. (7) Other options could include a tax increase equivalent to x cents. City of Denton City Council Minutes November 2, 2010 Page 3 Mayor Burroughs asked if Option 4 would lose some funding from grants already received. Langley stated that it was possible that those funds would be lost but the City could ask to have them reprogrammed. Council Member Watts asked how much money was in the budget for the firing range. Langley stated there was $400,000 for that facility. Langley continued that the Non-Airport Gas Well Fund was expected to end FY 2009-10 with $2 million in the unrestricted fund balance. He reviewed the expenditures proposed for the funds. Staff recommendations included (1) if deemed necessary by the Council, staff recommended that the Animal Shelter improvements (approximately $2.4- $3.1 million) be funded from a combination of certificate of obligation issuances and the use of Non-Airport Gas Well Funds, (2) $1.6 million in Non-Airport Gas Well Funds were available, (3) $2 million in additional certificates of obligation could be issued in FY 2010-11 provided that the issuance of remaining certificates of obligation for the public safety training facility funds were delayed until 2013-14 (approximately $9.1 million) and the next future voter approved bond program was delayed until FY 2016-17. Langley stated that one reason for requesting a decision now was that the city was planning to issue debt and they needed to know the capacity to issue debt. Council Member Gregory questioned if half of the $ 1.6 million of Non-Airport Gas Well Funds could be used. Langley stated that another "and" clause would have to be added to the recommendation. Council Member Engelbrecht stated that he would be comfortable delaying some of the $4 million for vehicles and facilities and to the extent the need to save the grants for the training facility. He was comfortable delaying vehicle purchases as much as was possible. Mayor Burroughs noted that he would be in favor of using $600,000 in Non-Airport Gas Well Funds and pro rata certificates of obligation to make up the difference. Mayor Pro Tem Kamp did not understand the reluctance to use the Non-Airport Gas Well Funds as this project was one that it was designed for. Langley stated that if council wanted to preserve the funds in that account, he would suggest not spending them and and issue less debt. It would be too complicated trying to pay those funds back. It would be easier to just issueless debt. Council discussed the pros and cons of using the Non-Airport Gas Well funds; the possibility of using those funds and paying them back in the future; the design process of the facility and bidding alternatives for the facility; what would be the correct funding mechanism; and the fund raising plans by the DASF. City of Denton City Council Minutes November 2, 2010 Page 4 Council Member Watts felt that the easiest funding mechanism was to issue $3 million and move the Public Training Facility out a year. The Foundation needed a commitment from the city about moving forward in 2012. If the Foundation did not have enough funds, issue the debt at $3 million and go from there. Mayor Burroughs stated he would like to first see if the Non-Airport Gas Well Fund could be reimbursed if the funds were used. Mayor Pro Tem Kamp stated that the Foundation was raising money for the project but it would be the city's money. The Foundation did not want to run the shelter. It would be a city facility. Fletcher stated that the Foundation would have to turn their money over to the city when the process was started. Mayor Pro Tem Kamp stated that the Foundation was almost half way to reaching its goal which was the reason for needing to know the city's portion of funding for grant applications. Council Member Gregory stated that he had no reluctance to use part or most of the funds for the animal shelter from the Non-Airport Gas Well Funds. Mayor Burroughs stated that he hated to use those funds down because there was no way to make them back up. An option to restore the Non-Airport Gas Well Fund would be a good option. Council Member Watts felt that if the City was going to do this, it needed to be done as right as possible. It was time for the Council to set some priorities. He felt the City was stretched to the maximum with debt. He suggested finding as much debt as possible together with the $2 million from the Foundation. He was not in favor of using the Non-Airport Gas Well Funds as an issue might come up where debt could not be issued and those funds would be needed. Betty Sherman, Denton Animal Shelter Foundation, thanked the Council for support in building a new shelter. Now was a good time as the Foundation had great momentum for their fundraising. Mayor Pro Tem Kamp stated that the DASF was in the midst of a capital campaign. The Board would like to propose a time line to select an architect and proceed with the process. Starting in January would allow the Board to set a kick off date when applying for funding. City Manager Campbell stated that the City could make a commitment up to $3 million and when it reached the point to issue debt, Council could decide at that point what could be issued without a tax increase. The City could commit up to $3 million if that was what it would take. 3. Receive a report, hold a discussion and give staff direction concerning proposals received for RFP 4576 - Legislative Consulting Services, to assist the City of Denton in advancing its State Legislative Program, assist council and staff in addressing proposed legislation, and make the City aware of any legislative or administrative initiatives believed to be detrimental to the interests of the City. City of Denton City Council Minutes November 2, 2010 Page 5 John Cabrales, Public Information, Intergovernmental Relations Office, stated the City had three consultants during the 81st session and two consultants during the interim session. A request for proposal was sent out in September 2010 for representing either General Government, DME or both. Seven proposal were submitted, two for General government only, one for DME only and four for both. A set of evaluation and selection criteria were used to evaluate the proposals. Following the rankings, staff recommended Focused Advocacy for DME and General Government issues and Solutions for Local Control for a narrow set of critical General Government issues. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards There were no proclamations/awards for this meeting. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Donna Woodfork regarding public access. Ms. Woodfork was not present at the meeting. 4. CONSENT AGENDA Mayor Burroughs announced that Item V would not be considered. Council Member Gregory motioned, Council Member King seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item V. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Resolution No. R2010-039 A. Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date. The Audit/Finance Committee recommends approval (3-0). City of Denton City Council Minutes November 2, 2010 Page 6 Resolution No. R2010-040 B. Consider approval of a resolution reviewing and adopting revisions to the Investment Policy regarding funds for the City of Denton; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2010-273 C. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($10,234) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-274 D. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($650,076) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-275 E. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($23,003) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-276 F. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African American, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse Museums; and providing an effective date. ($98,039) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-277 G. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. ($82,811) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-278 H. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and provide an effective date. ($7,638) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-279 L Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Central Business District Association of Denton, Texas, City of Denton City Council Minutes November 2, 2010 Page 7 d/b/a Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. ($23,003) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-280 J. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue to promote tourism and the convention and hotel industry; and providing an effective date. ($117,776) The Hotel Occupancy Tax Committee recommends approval Ordinance No. 2010-281 K. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue, and providing an effective date. ($14,586) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-282 L. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ($73,610) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-283 M. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($50,607) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-284 N. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. ($16,572) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-285 0. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Music Theatre of Denton for the payment and use of hotel tax revenue; and providing an effective date. ($5,000) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2010-286 P. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Texas Filmmakers Corporation for the payment and use of hotel tax revenue; and providing an effective date. ($5,000) The Hotel Occupancy Tax Committee recommends approval (3-0). City of Denton City Council Minutes November 2, 2010 Page 8 Ordinance No. 2010-287 Q. Consider approval of revisions to an ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the use of tobacco products on City of Denton playgrounds; providing a severability clause, a penalty clause and an effective date. The Parks, Recreation and Beautification Board recommend approval (5-1). Resolution No. R2010-041 R. Consider approval of a resolution allowing the Denton Community Theatre to be the sole participant allowed to sell alcoholic beverages at the Beaujolais on November 18, 2010, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Ordinance No. 2010-288 S. Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving an Interlocal Cooperative Agreement between the University of North Texas and the City of Denton to provide for the operation of the City's public access cable television channel; and providing for an effective date. Ordinance No. 2010-289 T. Consider adoption of an ordinance accepting competitive sealed proposals and awarding a contract for the constriction of a new operations building for Denton Municipal Electric (DME); providing for the expenditure of funds therefor and providing an effective date (RFSCP 4523-Best Value for a New Operations Building for DME awarded to Crossland Constriction Company, Inc. in an amount not to exceed $2,117,000). The Public Utilities Board recommends approval (6-0). Ordinance No. 2010-290 U. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Seven to the contract between the City of Denton and Corbet Group, Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4444- Downtown Denton Transit Center Change Order Number Seven in the amount of $44,822.79 for a total contract award of $2,002,796.75). THIS ITEM WAS NOT CONSIDERED V. Consider adoption of an ordinance accepting a proposal for consulting services with JMB Consulting to oversee Denton Municipal Electric (DME) and the City of Denton compliance activities with Texas Regional Entity (TRE) and North American Electric Reliability Corporation (NERC) for an amount not to exceed $32,000 per quarter for a two year total of $256,000; and providing an effective date (This purchase falls under DME specialized procurement policy in accordance with Ordinance 2009-189). (The Public Utilities Board approved this item by a vote of (6-0). Ordinance No. 2010-291 W. Consider adoption of an ordinance approving and authorizing the City Manager of the City of Denton, Texas to execute and deliver a Third Amendment to Master Lease Agreement, City of Denton City Council Minutes November 2, 2010 Page 9 by and between the City of Denton, as lessor and the Denton County Transportation Authority ("DCTA"), as lessee, amending that certain Master Lease Agreement, dated on or about September 30, 2005, by and between the City of Denton, Texas, as lessor and the DCTA, as lessee, pertaining to certain leased premises located in the G. Walker survey, abstract number 1330, Denton County, Texas, as more particularly described in such master lease agreement; and providing an effective date. Approved the minutes listed below. X. Consider approval of the minutes of: October 4, 2010 October 5, 2010 October 12, 2010 October 19, 2010 5. ITEMS FOR INDIVIDUAL CONSIDERATION Resolution No. R2010-042 A. Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Bryan Langley, Chief Financial Officer, stated that the Appraisal Review Board was responsible for reviewing protested appraisals. Members served two year staggered terms. There were eight members whose terms would expire with three members not eligible to be reappointed. One member no longer wished to continue to serve. He indicated that Council could reappoint the five members who had additional time to serve. The members were selected by the Board of Directors. Mayor Burroughs asked if there were any objections to re-nominating the five members who were eligible to serve again. Mayor Pro Tem Kamp motioned, Council Member King seconded to re-nominate the five current eligible members. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 6. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance regarding a Comprehensive Plan Amendment from the future land use designation of Existing Land Use to Community Mixed Use Centers on approximately 1.22 acres of land. The subject property is located approximately 375 feet south of the intersection of Teasley Lane (F.M. 2181) and Lillian Miller Parkway, on the west side of Teasley Lane (F.M. 2181). (CA10-0001) The Planning and Zoning Commission recommends denial (6-0. Mayor Burroughs stated that this item had been pulled at the request of the applicant and would not be considered. He stated that it would be reposted and re-advertized when it was going to be considered again. City of Denton City Council Minutes November 2, 2010 Page 10 7. 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. Council Member Watts requested a follow-up meeting of the Property Maintenance Code Committee and the need to appoint another member as Mr. Mulroy was no longer on that committee. He suggested a joint meeting with Council Property Maintenance Code Committee. Council Member Heggins stated that she had been receiving calls about lights at Mack Park. Council Member Gregory recognized Scout Troop 65 which had attended the meeting. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. 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 Meeting items. With no further business, the meeting was adjourned at 7:10 p.m. MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS