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April 5, 2011 MinutesCITY OF DENTON CITY COUNCIL MINUTES April 5, 2011 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 5, 2011 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, 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 Amber Briggle, 1315 Dartmouth, Denton, 76201, spoke in support of Consent Agenda Item 4H dealing with the vulnerable road user ordinance. 2. Requests for clarification of agenda items listed on the agenda for April 5, 2011. Council Member Gregory asked if any local banks had submitted a bid for Consent Agenda Item J. Bryan Langley, Chief Financial Officer, stated that bids had been sent out to twenty banks in the area but only two had responded. Smaller banks were not able to provide the services required and a larger bank was needed for the depository agreement. Mayor Burroughs stated that there was value to publicize the vulnerable road user ordinance as much as possible to raise awareness and show that the City was making strides in this area. He would be requesting that the item be pulled for individual consideration for a general address about it. Mayor Pro Tem Kamp noted that on Consent Agenda Item 4G relating to the public art project that the Hotel Occupancy Tax Committee had also reviewed and approved that project 3-0. 3. Receive a report, hold a discussion and give staff direction on a proposal to enter into an Interlocal Cooperation Agreement between the City of Denton and Denton County Transportation Authority (DCTA) for the provision of fleet maintenance operations for the DCTA fleet. Bryan Langley, Chief Financial Office, presented the fleet maintenance partnership opportunities, stating that this would be a high level presentation. Background information - The City of Denton LINK Bus Operations moved to the Landfill in 2004 with approximately 40 buses/3 light vehicles and 80 employees. DCTA subsequently acquired this operation. DCTA had extended their lease and expanded their operation at the Landfill. DCTA currently used an outside vendor to provide vehicle maintenance at the City's Landfill. Issue - Solid Waste needed to relocate the bus parking to develop the landfill and would need to use the facilities currently occupied by DCTA for vehicle maintenance. The current Solid Waste- DCTA lease was month to month. DCTA needed a long-term solution regarding its bus City of Denton City Council Minutes April 5, 2011 Page 2 operation and maintenance facilities. DCTA and city staff had discussed the possibility of a partnership for vehicle maintenance. DCTA currently partnered with the city for fueling services. Potential partnership benefits - Economics of scale could be realized by providing DCTA fleet maintenance service. The DCTA capital plan indicated FY 2015 as the earliest date that a proposed DCTA bus maintenance and fueling facility could begin constriction. Another benefit was that it would allow DCTA to focus on bus operations instead of maintenance activities. Possible consolidation of public infrastructure and operations might reduce need for multiple maintenance facilities in the community. Discussion points - To accommodate DCTA fleet needs, the following would have to be considered: (1) the addition of a 3rd shift for Denton fleet operations and (2) expand the Service Center operations or use of alternative sites at the landfill. Outstanding items to be addressed included (1) a cost sharing arrangement, (2) DCTA bus and vehicle parking, (3) bus dispatch operations, (4) additional maintenance bays and equipment needs, (5) Ruddell realignment, rail crossings and traffic issues if the Service Center was expanded, and (6) zoning issues. A more detailed review would be done in future meetings regarding these issues. Other items under consideration - (1) DCTA might use a phased approach to relocate from the Landfill, (2) examine a 10 year agreement; (3) a catalyst project that would require capital expenditure and investment in the Service Center; and (4) potential benefits to both organizations by pooling resources. Staff would like to further review and investigate the potential opportunities that may exist with this proposal. Prior to investing additional resources, staff would like Council feedback regarding a proposal partnership between the city of Denton and DCTA. Mayor Burroughs stated that it looked like most of the traffic would be interior, back and forth to the maintenance facility and questioned what impact would be on Mingo Road. Langley stated that staff would have to look at hours of operation and traffic patterns to determine any impact on Mingo. Council Member Gregory asked that when the item was back before Council that there be more information given about cost implications and how those would play out. Langley stated that if Council was agreeable to the concept, staff would come back with more details. Consensus of the Council was to proceed with the proposal. Mayor Pro Tem Kamp asked if there was any preliminary timing with the proposal. Langley stated that within the next 18 months Solid Waste would like to begin their project. City of Denton City Council Minutes April 5, 2011 Page 3 4. Receive a report and hold a discussion regarding the Denton County Transportation Authority's (DCTA) proposal to install a radio antenna tower for the DCTA A-train project. Mark Cunningham, Director of Planning and Development, stated that DCTA was requesting a Specific Use Permit for a 180 foot communications tower. A Specific Use Permit was required because the tower was in excess of 50-feet in an EC-1 zoning district. During the March 1st Council meeting, staff had indicated that there would be no co-location of antennas or equipment on the tower. However, there was a proposal to possibly locate a city antenna to assist with the implementation of an intelligent traffic system project on the tower. At this point there were no concrete plans to place any city equipment on the proposed tower and a decision by Council to grant a Specific Use Permit should not take into account this possibility. During the March 1st meeting, several questions were raised regarding alternative locations, other options, associated costs and impacts on transmission in the community. Charles Emery, DCTA Chairman of the Board, stated that he had been advised that DCTA had been deficient in certain information provided during the March 1st Council meeting. He wanted Council to know that DCTA was committed to provide timely, safe and efficient passenger rail service. Council Member Watts stated that in the backup materials for this item there was a letter from Mr. Witt indicating that DCTA would not operate the A-train without an acceptable redundant communication system in place. There was also communication from Tom LeBeau that the specific use permit for the 180 foot tower would be the only acceptable option. Jim Witt, CEO-DCTA, stated that the Teasley site provided the optimum coverage and reliability adjacent to the rail system. The property was owned by DCTA and met city code except for the specific use permit they were applying for. He discussed the distance the tower would be from the residences, presented a picture of the south tower, the communications equipment house, and a mockup of how the tower would look from Kerley Street. He had heard the concerns expressed by the neighborhood regarding health impacts and interference with televisions, etc. DCTA contracted with a third party engineering firm to explore those impacts. Mr. Ray Trott from Trott Communications would present the information on that study. Ray Trott, Trott Communications, stated that his firm was hired to look at some of the factors with respect to surrounding environments including the health issues. The basis of his study was based on the standards by the FCC developed over the last 50 years and was adopted by the FCC. The results of the study showed that the emission levels were thousands of times less than the FCC standards and the residents should not have any problems in that area. He was also asked to look at interference in a broadcast capability. There was only one blip that showed up in the Channel 14 spectrum and it was very unlikely that it would happen. Residents should not have any problems with broadcast channels. He also looked at FAA issues and found that DCTA was licensed to use the site by the FAA and met all obstruction issues with the FAA. He had looked at drawings of the tower which met structural standards. In his opinion, the neighborhood would not notice anything in health or communications issues with the tower. Mayor Burroughs asked what interference with the channel would look like. City of Denton City Council Minutes April 5, 2011 Page 4 Trott replied that people would not be able to see it. Council Member Gregory asked what the mitigation would be if there was a problem. Trott stated that there was a filter but felt that the equipment was filtering itself. Council Member Watts questioned what the difference would be if there was a smaller tower. Trott stated that the height was important on the distance of the signal and also on reliability. The 180 feet met many requirements such as FAA requirements and gave a strong signal for safety and reliability. Council Member Heggins stated that she had received concerns about health issues and concerns about interfering with TV but the biggest complaint she had received was that the residents not want to see a tall tower in their community. Jim Hamlin, DCTA, stated that they had researched having two smaller towers but the larger tower would reach into the far reaching areas of the service areas. Multiple towers had more points of failure. Council Member Watts stated that if there were two towers, there would only be two points of failure. He questioned what would happen if there were two 80 foot towers and both of them went down. Hamlin stated that if one went down, the other would still operate but might not reach the total service area. Mayor Pro Tem Kamp asked if the redundancy was a federal requirement. Hamlin replied it was not a federal requirement but was for safety. Council Member King asked about other trains on the tracks. Witt replied only on the south end to Lewisville. Council Member Engelbrecht asked about multiple trains going north and south. Witt stated that there would be trains moving north and south all through the peak periods. It was a safety consideration to have a backup system in case of failure. Council Member Watts stated that if there were two 80 foot towers, there would be no redundancy. Hamlin replied correct. City Manager Campbell questioned that if there were two 80 foot towers in place of the 180 foot tower and the tower in Lewisville went down, would there not be communication for whole system. City of Denton City Council Minutes April 5, 2011 Page 5 Hamlin stated that if there was the 180 foot tower in Lewisville and two 80 feet towers in Denton there would be redundancy but also would be adding additional points of failure. If a middle tower went down there might be gaps in the middle of the system. They were trying to get past blockages in the signal. City Manager Campbell stated that if there was only one 180 foot tower and no towers in Denton, there would be a system that would work the whole distance of the track but there would be no redundancy. If there was the 180 foot tower in Lewisville and two small towers on the north end of the service line and one smaller tower went down, there would still be coverage. The only time there would not be coverage was if the 180 foot in Lewisville went down. Hamlin replied correct. City Manager Campbell stated that both smaller towers would have to go out to not have redundancy. Witt addressed the landscaping of the area. He stated that DCTA had received a grant for landscaping and barriers with concentration in this area. They had drawings for landscaping along Kerley and were in the process of developing a steering committee for landscaping and barriers. Those features may be a year away from completion. Council Member Gregory asked if two smaller towers would have an effect on the time line for the anticipated late June startup. Witt stated that without further exploration he doubted if DCTA could meet the time line. He felt it would threaten the start time but could not give a date certain. Council Member Gregory asked if it would have been possible to bring the specific use permit request to Council any earlier than was what done. Witt stated that the timeline was started in May of last year. It might have been possible to submit it a couple of weeks earlier but he couldn't say for sure. Council Member Engelbrecht asked about sound barriers and landscaping. Dee Leggett, DCTA, stated that the grant application was specific on what could be included such as natural visual barriers. There was a potential for masonry type barriers but no sound barriers such as noise abatement measures. Council Member Engelbrecht asked about masonry barriers similar to what was out by the Mall. Leggett stated that the barriers would probably not be the same height as those barriers and that there were also some problems on Kerley due to drainage problems. Council Member Engelbrecht asked if the proposed committee could address the usage of deciduous trees on the DCTA property to eventually mask the site. Leggett stated that the grant did include the Teasley property. City of Denton City Council Minutes April 5, 2011 Page 6 Mayor Burroughs stated that he was pleased to see a proposal for the citizens committee to assist with the usage of the grant funds as that would help direct what some of the screening devices would be applied for this portion of Kerley Street. Witt stated that the Council could direct some the funds of the grant for those issues. However, he did not know how to do that in terms of a motion. Mayor Burroughs stated that when Council addressed that issue in the regular session, they could make it part of the discussion from staff to let Council know what could be done to address the visual problem on this street. Council Member Gregory asked if there would be any trees planted between the hike and bike trail and the curb. Witt stated that there were some drainage issues there that might prohibit that. He would look at the whole length of the site to determine the best usage. Mayor Burroughs asked if there was flexibility in the grant that would allow plantings on private property such as was done in Utah. Leggett stated that the Utah funds came from a pool of funds that had more flexibility than DCTA due to DCTA funding coming from federal funds. The grant application had to determine that it was all in public ownership and if not, they would have to provide documentation that they could go on private property for that. Witt stated that DCTA had no intention to commercial market or solicit to hang anything on the tower as doing that would hinder their overall intention. There would be no private sector usage of the tower. In terms of alternatives, four 50 foot towers would not be doable and would be too costly. Two 80 foot towers increased the cost and provided higher maintenance. The cost of additional real estate was not included in the cost of the alternatives. Mayor Burroughs asked if other alternatives would have implications on the opening of the June service. Witt stated that the alternatives would affect other neighborhoods impacted by a tower with two towers instead of one, would result in lost revenue from not opening sooner, and incur additional costs associated with keeping more people on staff during the revision time 5. Receive a report, hold a discussion and give staff direction regarding the governance of the Airport as recommended in the Denton Airport 2010 Business plan. Bryan Langley, Chief Financial Officer, stated that the Airport Business Plan was approved by Council November 16, 2010. During the Business Plan discussions, Council requested staff provide a recommendation on airport governance options. Staff had discussed possible governance alternatives with Council on several occasions since December 14, 2010. City of Denton City Council Minutes April 5, 2011 Page 7 Recent Discussions - On February 15th Council requested more specificity regarding the Tenant and Stakeholders Relations aspect of the staff proposal. On March 1st, the Council amended the duties and responsibilities of the Economic Development Partnership Board to include Airport branding and marketing. Council also tabled the Airport Committee and Safety and Stakeholder Relations Committee items. Staff was now presenting a modified recommendation for Council consideration. Staff Proposal - Create a City Council Airport Committee with the same format and charge as previous presentations. Rename the Airport Advisory Board to the Aviation Safety and Technical Advisory Board which would be a formal board appointed by the Council and which would redefine the purpose and charge of the Board. Key aspects of the Aviation Safety and Technical Advisory Board - The Board would review, consider and make recommendations to the Council regarding relevant safety issues, flight procedures, and ground operations. It would provide input related to safety and security in the creation of long-term master plans and facilitate tenant/stakeholder outreach. Key aspects of the City Council Airport Committee - The Committee would monitor and review the business plan, master plan, infrastructure improvements and other similar projects. It would review and seek grant funding opportunities; review and make recommendations regarding leases and contacts at the Airport; monitor the budget and assist with development of long term financial plans for the Airport; and provide a direct interface between the Council, tenants and other interested parties regarding airport related issues. Items under consideration - Item 5D on the agenda established the Council Airport Committee. Item 5E amended Ordinance 97-299 to rename the Airport Advisory Board and redefined the charge of the Board to focus on safety and other technical aspects of the airport. Council Member Watts stated that there was a matrix as part of the backup for 5E that was an exhibit but was not in the ordinance. He asked how that matrix would get translated into the ordinances in order to define that level of specificity. Langley stated that the wording in the ordinances detailed the responsibilities to mirror the matrix. Mayor Burroughs asked why input for a long term master plan for operational issues was not included in the duties of the Committee. Langley stated that the operations aspect was for safety and security. There were some gray areas but these were the major functions. Mayor Burroughs asked if there would be a problem with adding the wording to state "safety, security and operational issues". Langley stated that there might be a complication between the different groups. There would be a need to be clear who was responsible for operation of the Airport. City of Denton City Council Minutes April 5, 2011 Page 8 City Manager Campbell stated that there might be a concern when too many words were added to a definition as it might have a tendency to restrict what could be done. He felt it was important to not add words that might limit the ability of elements of the master plan once it was moving forward. 6. Receive a report, hold a discussion and give staff direction regarding terms and provisions of a Vulnerable Road User ordinance. Bryan Langley, Chief Financial Officer, stated that the purpose of such an ordinance would be to protect vulnerable road users which were typically pedestrians, cyclists and other non-motorists using the roadways. There were a number of states that had passed similar ordinances. As part of the March 1st Work Session, staff was asked to look better defining separation distances between defined vulnerable road users and vehicles. Council Members felt that in order for the proposed ordinance to be effective, language should be incorporated establishing a safe passing distance of three feet for cars and light tricks and six feet for commercial vehicles. Council Member Watts questioned some of the language in the ordinance. One section had wording stating "due care" when passing which he felt was different from the stated requirement of 3-6 feet for passing. City Attorney Burgess stated that was standard language for a policy statement. Council Member Gregory stated that some of the language was also based on a state bill that included that language. He noted that some of the responsibility for the cyclists and pedestrians were also included and liked the change in wording for Subsection (k). Council Member Watts felt that the speaker at the beginning of the meeting had a good point regarding vehicles making left turns at intersections in relation to vulnerable road users. City Attorney Burgess stated that such a wording change could be incorporated before Council consideration. Council Member Gregory stated that the ordinance language indicated that when practicable vulnerable road users should stay close to the curb but that was not possible with a right hand turn lane as the rider could not stay next to curb and still get to the through lane. He suggested some wording that the rider would move into the right lane and then move back over upon completion of the turn. Council Member King stated that right now a bike rider could ride in the middle of a lane if he wanted to but the proposed ordinance would restrict that. Council Member Engelbrecht stated that the assumption was that a bike moved slower than traffic so it should be on the right. There was a section in the ordinance that bike riders were not to impede the traffic flow if moving two abreast. Mayor Pro Tem Kamp asked about plans to review the consequences of the ordinance and felt it should be done sooner than a year from the date of passage. City of Denton City Council Minutes April 5, 2011 Page 9 Council Member Engelbrecht asked if the Police Department was keeping records on bike incidents. Paul Abbott, Interim Police Chief, stated that it was part of the accident reporting process. Langley stated that staff could report back in six months to a year regarding the effectiveness of the ordinance. Council Member Engelbrecht asked about staff measuring bike usage and assessing what type of ridership there was in the city. 7. Receive a report, hold a discussion and give staff direction concerning proposed amendments to Sections 35.13.7.C, 35.20.2.A.3.c, 35.20.3.13, 35.20.3.13.1, 35.203.C and 35.23.2 of the Denton Development Code regarding estates lots and sidewalks and/or bicycle facilities. (DCA10-0008) Mark Cunningham, Director of Planning and Development, stated that there were some areas in the city that did not warrant sidewalks due to the nature of the subdivision. Staff was proposing an amendment to the Development Code to allow for some provisions where sidewalks would not be required in estate type residential subdivisions. Currently the Development Code required sidewalks except for (1) exemption from making perimeter street improvements, (2) replatting of property zoned for single-family residential use if the preceding plat covering the same property did not require sidewalks and a zoning change to a district other than single-family residential use was not anticipated; (3) platting property for improvements to an existing building or to constrict any additional building on the property if the perimeter street was not required to be improved, expansion of existing building did not exceed an increase in the floor area of 10%, building improvements would be located on the same tract or tracts of land as the existing building or building improvements would not required the constriction of additional parking spaces. This proposal would allow for a fourth exemption that all lots platted with a minimum of one acre, that were not within 1/2 mile of a public elementary or middle/junior high school; and none of the lots fronted on a street that served more than 200 total vehicle trips per day. No variances of waiver would be granted for the proposed exemption. Additional amendments would remove the language in Subchapter 35.13.7.C dealing with the width of estate lots and the size of estate lots. Subchapter 35.20.2.A.3.c dealing with the definition of rural/suburban street would be deleted. Council Member King felt the amendments were a good idea. Mayor Burroughs also felt the proposal changes were good. Council Member Watts suggested combining the '/2 mile requirement from a public school and the total vehicle trips per day into one. He questioned that a subdivision of over 20 estate lots would not be able to use the proposed exemption. Cunningham stated that it might apply if there were two cul-de-sacs on the property. City of Denton City Council Minutes April 5, 2011 Page 10 Council Member Watts stated that would limit how estate subdivisions would be developed and possibly limit them to only 20 lots. Cunningham stated that if there was only one street, the number of lots would be limited to 20. Council Member Watts questioned if there was one lot within 1/2 mile of a school the entire subdivision would have to have sidewalks. Cunningham replied correct because if there was a school 1/2 mile from the subdivision there would be children in the subdivision who might walk to school. Council Member Gregory questioned if there was a development with 18 lots and of the 18 lots, 17 were one acre or bit more but because of configuration of the property one lot was less than one acre would the riles change for the entire development. Cunningham replied correct. Council Member Gregory questioned why there would not be any allowance for a variance. Cunningham replied that they did not want a situation where a developer might try to circumvent the code. Council Member Gregory asked if not having sidewalks would trigger a change in the requirements for the width of a street. PS Arora, Division Manager-Wastewater Administration, displayed the rural subdivision road requirements. Council Member Gregory suggested that if the estate subdivisions were not going to be required to have sidewalks, staff should consider widening the streets to provide more passing room. Mayor Burroughs felt that sometimes clarity and flexibility did not work together well. He was not in favor of no possibility of a variance. He felt staff and Council were stating that they had considered every possible consequence and did not care about any unforeseeable consequences. That provided no possibility of flexibility. To require all interior sidewalks because one or two fell below a certain line was arbitrary. In place of no possibility of a variance, he would suggest some kind of provision that the average be greater than one acre with a minimum variance below one acre be 10%. That type of provision would allow for oddities of smaller subdivisions. Cunningham stated that the proposal could be changed to allow a variance for the minimum lot size but not for the 1/2 mile separation from a school or the 200 vehicle trips. Mayor Burroughs stated that the schools did not bus within 2 miles of a school which would be a long distance for a child to walk. He felt the distance noted was arbitrary and that there would be a minor number of children involved. He questioned requiring sidewalks on a dead-end road which would result in a higher cost per lot. He felt'/2 mile would not make any difference. City of Denton City Council Minutes April 5, 2011 Page 11 Council Member Engelbrecht stated that a school was a destination and as development moved closer to a school there would be an increase in both pedestrian and vehicular traffic. Mayor Burroughs noted that the provisions were only for interior streets. Council discussed the flexibility of interior versus exterior lots for the sidewalks. Cunningham stated that staff would look into allowing for variances for situations less than one acre lots, and consult further on the 1/2 mile separation distance but would retain the provision dealing with 200 total vehicle trips per day. Council considered Item 49 9. Receive an update, hold a discussion, and give staff direction concerning the Phase II Sustainability Plan. Howard Martin, Assistant City Manager, stated that the activities in Phase One of the grant were completed. That phase developed a number of strategies and reorganized them into focus areas. In preparation for Phase II, Camp, Dresser, and McKee was hired as consultants to complete the sustainability plan. Adrienne Thorpe and Glennis Nelson from Camp, Dresser and McKee reviewed the public input regarding the Sustainable Denton Plan. Nelson noted that managed public expectations and motivation for the Plan was important. The message was critical on how to make it happen, how to implement the plan, how to know if it's successful, and what did the City want to do. Thorpe reviewed Phase I of the program. She noted that Phase 11 would be to create the plan with public involvement and to prioritize the strategies. Phase 11 would implement with city staff and key partnerships, track progress, and evaluate the strategies. She reviewed the vision statement, presented information on a draft plan and implementation strategy. They would be looking for low cost, high impact strategies. Mayor Burroughs stated that there were large numbers of previously used suggestions that might be considered. Thorpe stated that there was an extensive list of focus areas specifically broken out for consideration. They wanted the public to be as creative as possible Mayor Burroughs asked at what point Council enter into the plan and if each member should take it upon himself/herself to do the survey. Thorpe stated that Council should look at the survey to see what was most important to them. Nelson also suggested that Council attend the public meetings as a show that city leadership was interested in the process. Council returned to the regular agenda order. City of Denton City Council Minutes April 5, 2011 Page 12 8. Receive a report, hold a discussion and give staff direction regarding the adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a First Amendment to the 2010-2011 Agreement between the City of Denton and the Fred Moore Day Nursery School ("Original Agreement"), said Original Agreement contemplating the provision of Community Development Block Grant funds for improvements to the facility at 821 Cross Timber Street, Denton County, Texas; and providing for an effective date. Barbara Ross, Community Development Administrator, stated that the City had allocated Community Development Block Grant funds to renovate the Fred Moore School. The original agreement provided that the School would grant a lien in favor of the city to secure the contractual obligation to provide child care services. After approval of that agreement, it was realized that the DISD had some claim to the property and that there needed to be changes made to the deed. The U. S. Department of Housing and Urban Development required that any facility rehabilitated using Block Grant funds, must continue to serve low and moderate-income residents for a period of at least five years after close-out of the grant year. If services did not continue to be provided, HUD had the authority to request that the city return the funding expended on the property. Currently the way the DISD set up the ownership of the property, in event the daycare stopped providing services, the property would go back to the DISD and city would not get back the funding. Options included (1) proceeding with the project without the execution of a lien on the property, (2) working with the DISD to see what kind of agreement could be worked out and (3) terminate the original agreement and reallocate the funding committed to the Fred Moore Day Nursery School project. Council Member Watts suggested formalized discussions with the DISD because there might be additional needs for the area to continue the project. Ross stated that there were some immediate needs to meet state requirements. Council Member Gregory stated that he was on the Fred Moore Board of Directors with no remuneration. The Board had some new language with the contract and was looking at a letter of understanding between the DISD and City regarding the property. Council Member Watts felt that there should be something in writing. Richard Casner, Deputy City Attorney, stated that what was developed would depend on what the DISD wanted to bind themselves to and at this point, they had not discussed the particulars on how much the DISD would do with that. Mayor Burroughs felt that the more formal the agreement, the better but that a memorandum of understanding which clarified what was being proposed would be acceptable. The Council convened into a Closed Meeting to discuss the following: 1. Closed Meeting: A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071 City of Denton City Council Minutes April 5, 2011 Page 13 1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of fee simple tracts, permanent drainage easement tracts and temporary constriction easement tracts for the Mayhill Road Widening and Improvements project, the limits of which generally being between the intersection of Mayhill Road and Interstate Highway '15 East and the intersection of Mayhill Road and U.S. Highway 380, affecting real property tracts in the M. Forrest Survey, Abstract No. 417, the D. Hough Survey, Abstract No. 646, the M.E.P. & P.R.R. Surveys, Abstract Nos. 927, 950 and 1469, the D. Lambert Survey, Abstract No. 784, the G. Walker Survey, Abstract 1330, and the J. Brandon Survey, Abstract No. 1515, in the City and County of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. B. Consultation with Attorneys - Under Texas Government Code, Section 551.071; and Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. 1. Discuss, deliberate and receive information from Staff and provide Staff with direction pertaining to the possible acquisition of certain real property located in the downtown area of Denton, Texas, Denton County, Texas, including real property located in the H. Cisco Survey, Abstract No. 1184 and in B.B.B. & C.R.R Company Survey, Abstract No. 185. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property referenced hereinabove, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. Regular Meeting of the City of Denton City Council at 7:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 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 City of Denton City Council Minutes April 5, 2011 Page 14 Youth Peace Day International Mayor Burroughs presented the proclamation for Youth Peace Day International. 2. National Financial Literacy Month Mayor Burroughs presented the proclamation for National Financial Literacy Month. National Community Development Week Mayor Burroughs presented the proclamation for National Community Development Week. 4. Child Abuse Prevention Month Mayor Burroughs presented the proclamation for Child Abuse Prevention Month. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: George Calhoun regarding the widening of Mayhill Road. Mr. Calhoun presented information on the widening of Mayhill Road. He was not in opposition to the widening but wanted the City to proceed with the original study completed in May of 2006 which reduced the right-of-way to 125 feet. The proposed alignment would destroy homes in taking the right-of-way which had 135 feet of right-of-way. Four homes would be destroyed with that alignment and he asked Council to reconsider which alignment would be used. 2. Janet Calhoun regarding the widening of Mayhill Road. Ms. Calhoun asked Council to consider the original route instead of the route proposed by the Engineering Department. They did not want to have to leave their home for the alignment of the roadway. She asked the Council to not approve the proposal by the Engineering Department. Nel Yeldell regarding civil rights matters on air quality. Ms. Yeldell stated that her first complaint was that there were chemicals in the water in her area. The second was the damage done by the rail coming into their neighborhood. There were five chemical plants around their area which were contaminating the neighborhood. 4. CONSENT AGENDA City of Denton City Council Minutes April 5, 2011 Page 15 Mayor Burroughs indicated that Item H would be pulled for separate consideration. Council Member King motioned, Council Member Heggins seconded to approve the Consent Agenda and accompanying ordinance and resolutions with the exception of Item H. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance 2011-044 A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas accepting a proposal and awarding a contract for a utility assistance program for low- income households to Interfaith Ministries in an amount not to exceed $85,000; providing for the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (4-0). Approved the request listed below. B. Consider a request for an exception to the Noise Ordinance for the purpose of the Singing Oaks Church of Christ Community Festival to be held on Sunday, May 22, 2011, from 4:00 p.m. to 9:00 p.m. The event will be held in the church parking lot located at 101 Cardinal Drive. The requestor is specifically asking for an exception to the noise ordinance to allow amplified sound on Sunday. An increase in decibels will not be needed. Staff recommends approval of the request. Approved the request listed below. C. Consider a request for an exception to the Noise Ordinance for the purpose of performing music during the 2011 Relay for Life to be held at the University of North Texas Fouts Field beginning at 3:00 p.m. on Saturday, April 16, 2011, until 6:00 a.m. on Sunday, April 17, 2011. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and for amplified sound on Sunday until 6:00 a.m. Staff recommends approval of the request. Approved the request listed below. D. Consider a request for an exception to the Noise Ordinance for the purpose of the fourth Annual Beanstock Music Festival, sponsored by Cool Beans Bar and Grill. The event will be held at Cool Beans, located at 1210 W. Hickory Street, on Saturday, April 16, 2011, beginning at 12:00 p.m. and concluding at 12:00 a.m. The exception is requested for extension of the hours of operation for amplified sound. Staff recommends approval of the request. Ordinance 2011-045 E. Consider adoption of an ordinance of the City of Denton, Texas, granting the Denton Festival Foundation, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system; and setting an effective date. Staff recommends approval of the request. City of Denton City Council Minutes April 5, 2011 Page 16 Resolution R2011-006 F. Consider approval of a resolution allowing La Mexicana to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 7, 2011, 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. The Parks, Recreation and Beautification Board recommends approval (5-0). Staff recommends approval of the request. Resolution R2011-007 G. Consider approval of a resolution of the City of Denton, Texas approving the exhibition of poetry as a public art project; pursuant to the City of Denton Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for expenditure to such purposes; and declaring an effective date. The Parks, Recreation and Beautification Board recommends approval (6-1). Ordinance No. 2011-047 L Consider adoption of an ordinance of the City Council of the City of Denton awarding a Merchant Services Contract to Elavon, Inc. for a term beginning June 1, 2011 and ending May 31, 2016; authorizing the City Manager to execute a Merchant Services Contract with Elavon, Inc. for credit/debit and check processing services; authorizing the City Manager and other City employees to transact business with Elavon, Inc.; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2011-048 J. Consider adoption of an ordinance of the City Council of the City of Denton designating a Depository for City Funds for a term beginning June 1, 2011 and ending May 31, 2016; authorizing the City Manager to execute a Depository Services Contract with Wells Fargo Bank, N.A., as the primary depository; authorizing the City Manager and other City employees to transact business with the Depository; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2011-049 K. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the purchase of a Two Deck Vibratory Shaker and Eight Station Mobile Process Conveyor System to provide mechanical processing to separate and recycle constriction and demolition waste at the City of Denton Municipal Solid Waste Facility by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4677-Purchase of Two Deck Vibratory Shaker and Eight Station Mobile Process Conveyor System awarded to McCourt and Sons Equipment, Inc. in the amount of $484,700). The Public Utilities Board recommends approval (5-0). Resolution No. 2011-008 L. Consider approval of a resolution approving the City of Denton's Strategic Plan; and providing for an effective date. City of Denton City Council Minutes April 5, 2011 Page 17 Ordinance No. 2011-050 M. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2011 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date. Approved the minutes listed below. N. Consider approval of the minutes of: February 15, 2011 February 17, 2011 March 1, 2011 March 8, 2011 Ordinance No. 2011-051 0. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 30 of the Denton Code of Ordinances to comply with National Flood Insurance Rate Program; providing for severability; providing for a penalty not to exceed $2,000 for violations of this ordinance; and providing for an effective date. Ordinance No. 2011-052 P. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("CITY") to execute for and on behalf of the City an Easement Abandonment Agreement to abandon (i) that certain Public Drainage and Detention Easement, dated August 23, 2000, from Campus Park Denton, Ltd. to the City of Denton, Texas, recorded as County Clerk file number 00-R0088188, Volume 4671, Page 42, Real Property Records of Denton County, Texas; (ii) that certain Limited Easement for the Installation of Water and Sewer Utilities, dated November 11, 1987, from George E. Inman, George E. Inman, Jr., Glen Ray Inman and Jimmie D. Inman to the City of Denton, Texas, recorded as Volume 2356, Page 711, Real Property Records, Denton County, Texas; and (iii) a portion of that certain Public Utility Easement, dated August 17, 2000, from Campus Park Denton, Ltd. to the City of Denton, Texas, recorded as County Clerk File No. 00-R0088189, and Volume 4671, Page 48, Real Property Records of Denton County, Texas, insofar and only insofar as said Public Utility Easement encumbers a 544.46 square foot tract, as more particularly described in the easement abandonment agreement; and declaring an effective date. The Council considered Item H Ordinance No. 2011-046 H. Consider adoption of an ordinance of the City of Denton, Texas, adding Section 18-36 of the Code of Ordinances relating to vulnerable road users; by creating Section 18-36 to define vulnerable road users and re-affirm the obligation of all operators of motor vehicles to exercise due care in the operation of motor vehicles; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an effective date. Bryan Langley, Chief Financial Officer, stated that the proposed ordinance would increase awareness to protect vulnerable road users such as cyclists, walkers, etc. At the Council direction passing distances of three feet for light vehicles and six feet for large vehicles were added. Staff would come back to Council in 6-12 months for an update. City of Denton City Council Minutes April 5, 2011 Page 18 Mayor Burroughs stated that Council wanted to pull the item from the Consent Agenda to increase awareness to citizens and to have motorists pay attention to non-motorized vehicles. It was a goal of Council to encourage alternate transportation including bicycles. Council Member Gregory stated that the idea was to encourage more people to bike and walk and to feel safer when doing that. It was important to know what to do and what to expect when bicyclists were on the road. He asked staff to look at new signage to replace the Share the Road signs to better get the message out. Council Member Gregory motioned, Council Member Watts seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board. Mayor Pro Tem Kamp stated that the Economic Development Partnership Board ordinance provided for a three member nominating committee. The prior nominating committee has been Council Member King, Hank Dickinson from the Chamber of Commerce and herself. She suggested Council Member King and herself again on the committee plus either Mr. Dickinson or the new Chamber president. Council Member Gregory motioned, Council Member Engelbrecht seconded to appoint Council Member King, Paul Chandler from the Chamber of Commerce and Mayor Pro Tem Kamp to serve on the nominating committee. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2011-053 B. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $32,100,000 in principal amount of "City of Denton Certificates of Obligation, Series 2011"; authorizing the issuance of the certificates; approving and authorizing instruments and procedures relating to said certificates; and enacting other provisions relating to the subject. Bryan Langley, Chief Financial Office, presented information on Items 5B and 5C. He indicated that staff was recommending a smaller sale of $32 million for the Certificates of Obligation and $10 million for the General Obligation Bonds. On March 1st Council approved the Notice of Intent in accordance with state law. The lower proposed principal amount was due to market conditions, lower issuance costs, and reflected a change in bond sale type from a negotiated bond sale to a competitive bond sale. Approval of the ordinances in 5B and 5C would approve the bond sale. He detailed the amounts of the projects to be included in the bond sale. City of Denton City Council Minutes April 5, 2011 Page 19 Item 5C was recommending $10.8 million to be used for a refunding opportunity for existing utility system revenue bonds. Staff was also asking for $2.25 million for 2005 bond election projects which were approved by the voters. Those components included residential streets, Mack Park projects, North Lakes Park projects and the Goldfield Tennis Center. He noted that Standard and Poor's had given the City an AA rating and Moody's had given the City an AA2 rating. Laura Alexander, First Southwest, presented the results of the bond sale. The General Obligation bonds had 9 bids with the lowest bid from BOSC, Inc. The Certificates of Obligation also had 9 bids with the lowest bid from RBC Capital markets. Council Member Gregory asked how the bond ratings this time compared to last time. Alexander stated that this was an affirmation of the last ratings with no change. Council Member Watts asked about the savings associated with the new refunding procedure. Langley stated that the savings on refunding was to refinance the debt. The first issue was $1.8 million over the life of the debt. Mayor Burroughs asked if the methodology had any impact on the actual acquisition or expenditure being made. Langley replied that it would not affect it. Mayor Burroughs asked how the City's ratings compared to other cities of similar size. Alexander stated that many cities were in the same rating category and that AA was very commendable. Council Member Gregory asked what kind of street projects would be eligible for the bond money. Langley stated new constriction or complete reconstruction of the streets. Speaker Cards were received from Bob Clifton, 1800 Morse Street, who spoke in opposition to both Items 5B and 5C. Council Member King motioned, Council Member Heggins seconded to adopt the ordinances for both 5B and 5C. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2011-054 C. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $10,845,000 in principal amount of "City of Denton General Obligation Refunding and Improvement Bonds, Series 2011"; City of Denton City Council Minutes April 5, 2011 Page 20 authorizing the issuance of the bonds; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subj ect. This item was discussed with Item 5B. Resolution No. R2011-009 D. Consider approval of a resolution amending Resolution No. R2009-015 to establish a standing committee of the City Council of the City of Denton, Texas to be known as the City Council Airport Committee to advise and assist the City Council regarding City of Denton Municipal Airport Matters; alternatively assigning such duties to an existing City Council committee; and providing for an effective date. Bryan Langley, Chief Financial Officer, presented information on 5D and 5E. He stated that Council had been looking at the governance issue for several months. Item 5D established the Council Airport Committee which would review, consider and make recommendations to the Council on the Airport Business Plan and Airport Master Plan as now written or amended; any Airport infrastructure improvement or other major project impacting the Airport; the acquisition, review and consideration of grant funding for the Airport; contracts and leases of Airport property; long-term financial planning and budgetary issues affecting the Airport; issues raised as a result of interface between citizens, Airport tenants, and other interested parties. Item 5E would rename the current board to the Aviation Safety and Technical Advisory Board. The duties of the board would include advising the Council on matters relating to Airport safety, flight and ground operations, advising the Council on any safety and security issue arising from the creation and development of long-term master plans, and facilitating tenant/stakeholder outreach. Council Member Watts stated that during the Work Session opportunities for duties being proposed to the Council Committee dealt with deciding on a master plan and reviewing and seeking grant funding opportunities. These topics often involved flight operations and ground operations. If those grants would be particular to those issues, the Board would be able to see any of those duties. Langley stated that would be the intent. Mayor Burroughs indicated that there were Speaker Cards for both 5D and 5E. The following individuals spoke on Items 5D and/or 5E: Bob Clifton, 1800 Morse Street, Denton, 76201 - spoke in opposition Rick Woolfolk, 115 W. College, Denton, 76201 - spoke in opposition Don Smith, 2107 Emerson, Denton, 76209 - spoke in opposition Jeremy Fykes, 3924 Chimney Rock, Denton, 76201 - spoke in opposition Mayor Burroughs asked Mr. Smith which items listed as duties of the Council Airport Committee should the Committee not be reviewing. City of Denton City Council Minutes April 5, 2011 Page 21 Smith felt that the Council subcommittee should not review of them, that a specialized committee should do those functions. Council Member King did not have a problem with changing the charge to the current Airport Advisory Board but felt that it would be better to leave it in the hands of the Airport Board and not directly to the subcommittee and then to Council. He was not in favor of the Council Committee. Council Member Heggins stated that she was proud of going out into the community to solicit citizens to serve on boards and commissions. She did not want to see the Airport Advisory Board changed in anyway and wanted to keep it as it was with no changes. She did not see the validity of the council committee. Council Member Watts stated that he had talked with staff extensively about this but one thing that he came back to was public input. Council was the final authority and Council might choose to affirm or go in a different direction from what a committee might recommend. He felt that if an individual had a vested interest at the Airport, he/she should not be involved with the functions of the Airport. If Council was trying to establish the Airport as an enterprise fund, they were not giving the current stricture a fair shot. This was hard to support as he saw no valid reason for support other than a conflict of interest. He suggested keeping the stricture as it currently was and review in six months or so to see how it was working. Council Member Gregory stated that he had heard the Airport Advisory Board say it wanted a higher profile with Council. The Airport Committee would do exactly that as was the Economic Development Partnership Board by coordinating the economic development of the Airport as with the rest of the City. He was comfortable with the recommendations. Mayor Burroughs felt that the concept in previous discussions was to get some Council expertise focused on the enterprise fund to elevate the importance of the Airport. Mayor Pro Tem Kamp stated that at first she did not agree with a Council Committee. Now she thought it would put more eyes and emphasis on the functions of the Airport. There were gray areas to work out but there were still items that Council would have to seek the advice of the Airport Advisory Board. No one on Council would take over the functions of the Airport Advisory Board but there would also be the Economic Development Partnership Board and the Airport Manager to provide input. Council Member Engelbrecht stated that he felt there should be a separate council committee to work with the new enterprise fund. That would provide a closer Council look at the activities especially the business activities of the Airport until Council was comfortable with what was going on at the Airport. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to approve the resolution. On roll call vote, Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Council Member King "nay", Council Member Watts "nay", and Council Member Heggins "nay". Motion carried with a 4-3 vote. City of Denton City Council Minutes April 5, 2011 Page 22 Ordinance No. 2011-055 E. Consider adoption of an ordinance amending Ordinance No. 97-299 and Section 3-2 of the Code of Ordinances of the City of Denton by renaming the Airport Advisory Board to the Aviation Safety and Technical Advisory Board; assigning the duties of the board, and prescribing an effective date. Mayor Burroughs stated that the primary concern with this item started with concepts dealing with enterprise funds and to establish the Airport as its own agency for marketing and look at competitive measure to take its place with other airports. The goal was that the Airport would be self-sustaining in the future. The second concern was the negotiation of terms and leases at the Airport. As the Airport progressed, the reality was that individuals called on for the Advisory Committee would be people who had an interest in the airport such as planes or businesses there and he felt there was a natural problem for those kinds of people to be voting on lease terms they had to live with or would impose on others. He felt uncomfortable leaving the elements of the bottom part of the matrix in the backup materials for leases and contract terms with the Airport Advisory Board. He suggested removing leases from the function of the Airport Advisory Board and keep the other functions as listed. Council Member King felt that would be a good change and suggested shortening the name to the Airport Enterprise Board. Council Member Engelbrecht suggested retaining the current name of the board but move contracts and leases to the Council Committee. Mayor Burroughs noted that Council was suggesting amending the ordinance to keep the board as the Airport Advisory Board and retain all of the check marks on the matrix in the upper portion and on the bottom portion add the same check marks as the Council committee except for leases and contracts Council Member Engelbrecht motioned, Council Member King seconded to adopt the ordinance with the changes outlined by the Mayor. On roll call vote, Council Member King "aye", Council Member Watts "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. F. Tabled - Continue Council deliberation and consideration of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit (SUP) for a telecommunications tower on property currently located within an Employment Center Industrial (EC-1) zoning district. The approximately 14.9-acre property is located east of Teasley Lane and south of the DCTA railroad right-of-way. (S 10-0010) The Planning and Zoning Commission recommends approval (6-1). [Public Hearing closed - Council deliberation only] Mayor Pro Tem Kamp motioned, Council Member Watts seconded to remove the item from the table. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes April 5, 2011 Page 23 Mark Cunningham, Director of Planning and Development, presented the background information on the item. He stated that there were questions from the Council on the item after closing the public hearing regarding alternative locations and associated costs plus potential impacts on the community and environment. During the Work Session, Council discussed those questions with DCTA plus a adding a requirement as a condition of approval for the planting of vegetation as screen. Mayor Pro Tem Kamp noted that there were questions in the Work Session about a citizens committee to consider the effect of the screening and asked if that could be made a condition for approval of the specific use permit. Cunningham stated that DCTA was organizing a citizens committee to work out additional buffering along the right-of-way such as trees in the future to provide screening. Mayor Burroughs stated that this item was discussed quite a bit in the Work Session. It was a difficult issue because not all of the elements were in control by the city. Some of the elements had to do with DCTA. The City and DCTA were trying to find ways to make sure any alternatives were fully discussed and recognized how important it was to look at all alternatives and the impact of those alternatives. The rail project would provide an alternative to the city that currently did not exist. The last discussion on the project, Council did not get all the information whether all alternatives were explored. Questions were raised at the public hearing concerning interference with electronic devices and this evening Council received detailed information that it was extremely unlikely that would happen and if so, DCTA would be able to filter that out. He questioned if a condition could be placed on the specific use permit to include a filter for interference if it did occur. The residents had also expressed concern regarding a visual problem with the tower. The profile he had seen appeared to be the least offensive of the options. He felt the screening was something that should be made as a condition that the area be screened to all extent possible. A concern was expressed that that there would be health issues from the tower. However, the type of use proposed would not result in a health risk with this type of use. He also noted that a condition could be added that would not allow any other uses of the tower except for DCTA purposes. Mayor Pro Tem Kamp stated that she had been going over the list that the neighborhood had brought up about safety, interference and health which the Mayor had covered. The only other item she would want to emphasize would be the screening and with the grant that DCTA received she knew DCTA would do whatever it could do in that area plus involve the neighborhood in the decisions. Mayor Burroughs asked if DCTA was comfortable with the suggested conditions to be added to the specific use permit, if approved. Witt replied that in terms of the screening, staff would have the committee formed soon and was fine with the screening condition. The time frame for screening was that it would not be done before the tower was up. Mayor Burroughs asked if the time frame would be approximately 12-18 months to get through the design process and bid process for the screening grant. City of Denton City Council Minutes April 5, 2011 Page 24 Witt thought 18 months might be a better estimate. Witt stated that DCTA was comfortable with nothing else on the tower and only being restricted to DCTA. Mayor Burroughs asked about the filter should there be any electrical interference. Witt stated that if proof was provided that the tower was interfering with any channels, DCTA would put on the screen. He felt that satellite and cable reception would not be affected but there might be the possibility with rabbit ears and roof top antennas. Council Member Watts asked if the tower as proposed was approve, how long it would take to constrict. Ron Menguita, Development Review Liaison, stated that plans were already submitted with the request for a specific use permit. Council Member Watts asked if the tower was approved as proposed, would the target date of June 20th still be solid. Witt replied correct that it would take 30-45 days to constrict considering the weather. Council Member Gregory stated that he felt more comfortable with issue after the discussion with proposed conditions on the specific use permit. He was not sure about the burden of proof on the people in the neighborhood if they were having interference problems. He would like to see monitoring by DCTA the first 6 months the tower would be in operation and responding to any complaints. Mayor Burroughs asked how that would be done. Council Member Gregory felt that a condition could be added to the specific use permit for six months of monitoring. Witt stated that they could monitor the situation but that burden of proof was hard to get at because there were times when satellite was not good with storms, cable periodically had problems and there was a need to keep a focus on where the problem was to make sure it was a DCTA event. Council Member Gregory asked about installing the filter in the beginning as a preventative measure. Ray Trott, Trott Communications, felt that there needed to be interference first but that it was very unlikely there would be any problems. Mayor Burroughs suggested that a condition could be added that DCTA would evaluate citizen complaints over the first 6 months of operation, staff would forward any concerns received to DCTA to evaluate in terms of any potential problems with the tower and at the end of that time, City of Denton City Council Minutes April 5, 2011 Page 25 DCTA would provide a report to Council and take corrective measure if it was determined that DCTA caused the problem. Witt stated that he could accept that condition. Council Member Engelbrecht stated that at the Work Session there had been some discussion about screening along Kerley Street but asked about masonry strictures. He had also asked about additional large trees to plant on DCTA property south of the tracks to provide additional screening for the tower. It was his understanding that there would be a masonry stricture in addition to the screening. Witt replied that the masonry strictures might be eligible under the grant provision but that no decision would be made at this time as DCTA wanted comments from citizens. Council Member Heggins asked for an explanation if there was a breakdown of the tower in Denton what would happen in Lewisville. Witt stated that the system was a redundant or backup type of system to help communicate with the trains. If both towers went down the trains could not be run as it would not be safe. Both towers gave complete safety of the system. Council Member King asked how the tower would fall if there was a failure. Witt stated that it would crimple onto itself. It would not fall straight down. Mayor Pro Tem Kamp motioned, Council Member King seconded to adopt the ordinance with the following conditions: (1) existing landscaping screening between the property and the Kerley Street neighborhood would be maintained, (2) any citizen complaints relative to electronic interference would be reviewed for six months after the tower was fully operational and if interference was from the tower corrective measures would be taken, (3) a vegetative and/or masonry screening would be provided for within 18 months after the effective date of the ordinance with appropriate citizen input, (4) only large trees would be used in the vegetative screening and (4) no other users would be allowed on the tower. City Manager Campbell stated that in order to avoid a proliferation of towers, another public use of the tower might be appropriate. If so, the ordinance would have to be amended to allow for that circumstance. Mayor Burroughs stated that he was in favor of only DCTA using the tower at this point in time. Council Member Heggins stated that she was in favor of the train to have it running, especially with gas at price it was and could make good use of the train. She was favor of the train but against the tower in the area. Council Member Engelbrecht stated that he had spoken with the residents in the area and appreciated their comments and discussions. He stated that he would support the motion. There was a cell tower in his neighborhood with many signal devices on it with no interference. City of Denton City Council Minutes April 5, 2011 Page 26 On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Council Member Heggins "nay". Motion carried with a 6-1 vote. 6. PUBLIC HEARINGS A. Hold the first of two public hearings to consider the voluntary annexation and Service Plan of approximately 1.148 acres of land in accordance with Chapter 43 of the Texas Local Government Code. The property is appraised for ad valorem tax purposes as land for agricultural use and is located on the west side of Country Club Road, just north of the Education Center at Denton. (All-0001, Burch Property Annexation) Mark Cunningham, Director of Planning and Development, stated that this was a request for the voluntary annexation of 1.15 acres. The property was part of DH-5 which was annexed last year with an exemption for a three year non-annexation plan. The majority of the property was in that non-annexation agreement except for a small area which was developed as a parking lot for an existing school. Staff was not recommending a full annexation of all of the property but rather just the parking lot area which was a surface use agreement which was already in effect during non-annexation agreement procedures. The associated Service Plan would be the same plan that was used for all the other properties that were annexed. The Planning and Zoning Commission recommended approval as well as the Development Review Committee. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was required by Council on this item at this time. 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: Robert Donnelly regarding the Mayhill Road expansion project. Mr. Donnelly spoke regarding the Mayhill road expansion project. He was in negotiations with the City for temporary access to his property and felt there was some confusion regarding the negotiations. One issue was the wording to indemnify and hold harmless which he had told the City he could not do that. He asked to know where the City was in the process and issues concerning access. 2. Hatice Salih regarding petition to repeal Ordinance 2010-292. City of Denton City Council Minutes April 5, 2011 Page 27 Ms. Salih felt that the petition she and others had presented was not flawed and that it was refused by the City Secretary and ignored by the City Manager and City Attorney. This was her fourth request for a need to resolve the ordinance. The Property Maintenance Code conditions coupled with the late fee was onerous. While the right-of-entry might have been on the books for a very long time, there was something new in terms of owner refusal and city recourse. 3. Carolyn Phillips regarding ordinance petition drive. Ms. Phillips stated she would like a resolution to the problem. The petitioners did not receive any response from the City Manager's Office when they had presented detailed concerns and that was unacceptable. They deserved to have been heard. She felt the petition was certifiable, that it was an initiative petition and that laws were not followed. She still had questions about the petition and needed answers. 8. 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 Gregory requested a work session regarding Phase Two of the gas well drilling ordinance so that some of the work could be done when the legislative session was completed. Council Member Watts asked for information concerning the right-of-entry agreement sent to Mr. Donnelly. Council Member Watts asked for a property maintenance code work session to discuss different members on the committee. Council Member Watts asked that staff verify that the DCTA tower would not be in violation of any federal regulations. Council Member Watts requested a report about the requested meeting concerning the referendum petition. City of Denton City Council Minutes April 5, 2011 Page 28 Council Member Watts asked for the origin of the wording in the ordinance regarding "remedies at law". 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 10:10 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS