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February 15, 2011 MinutesCITY OF DENTON CITY COUNCIL MINUTES February 15, 2011 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 15, 2011 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: Council Member Heggins. 1. Citizen Comments on Consent Agenda Items Bob Pugh, 2714 Brookfield Lane, Denton, 76209 - spoke regarding Consent Agenda Items J and K. Jeremy Fykes, 3924 Chimney Rock, Denton, 76210 - spoke regarding Consent Agenda Items J and K. 2. Requests for clarification of agenda items listed on the agenda for February 15, 2011. Council Member Gregory asked about Consent Agenda Item G. There was no information in the backup materials relative to the decibel level requested. Emerson Vorel, Director of Parks and Recreation, stated that the decibel level was 70 which was recommended and in keeping with other events at the Fairgrounds. Council Member Watts asked about Consent Agenda Item E which was the water reclamation project that when approved would use wastewater for recirculation. He questioned what benefits the project would have for the landfill. Vance Kemler, General Manager for Solid Waste Services, stated that this was the second phase of the project for the bioreactor. Rather than purchase water for the project, water from the trick wash operation would be used. Council Member Watts stated that would then cause the decomposition to accelerate at the landfill. He asked how many gallons of water the trick wash was producing. Kemler replied that would not be known until the facility started operating. Council Member Watts asked for an informal staff report on the cost breakdown of the project including how much gas was being harvested and an analysis of the operation. Council Member Watts asked about Consent Agenda Item 4F and how the cost was factored in with the DISD. Vorel stated that the City would absorb the cost as it was funded out of parks gas well revenues. Council Member Watts indicated that he would be pulling Consent Agenda Items J and K for separate consideration. City of Denton City Council Minutes February 15, 2011 Page 2 Mayor Burroughs asked about Consent Agenda Item F and asked if the existing system was being replaced. If not, he questioned what had been done before. Vorel stated that this was an unfunded mandate that all public pools that spray water on the faces of patrons were required to either super chlorinate or install the ultraviolet system. The ultraviolet system was less costly. 3. 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, presented the governance recommendation. Background - The Airport Master Plan was approved by Council in 2003 with the Airport Business Plan approved on November 16, 2010. The Business Plan stated that Denton should consider modifying the airport governance stricture to assist with vetting financial proposals for the Airport as well as provide policy input related to targeted marketing initiatives and development. During Business Plan discussions, the Council requested staff provide a recommendation on airport governance options. On December 6, 2010 management discussed potential governance options with the Airport Advisory Board (AAB). The Board expressed some concerns regarding the options presented but did not provide a formal recommendation. On December 7, 2010 management discussed potential governance options with the Economic Development Partnership Board (EDPB) The EDPB was very supportive of the staff recommendation and had recommended that the Council approve the proposed revisions to the membership and role of the EDPB. On December 13, 2010, the AAB held a special called meeting to discuss the governance options that were presented by staff. The AAB developed a letter that recommended the Council either table the item until more discussion could take place or increase the size of the AAB from 7 to 9 members with one additional member coming from the EDPB and one member from the Chamber of Commerce. December 14, 2010, staff presented airport governance options to Council which was tabled due to only 4 council members present. January 5, 2011 the AAB held a meeting to discuss the governance options that were presented by staff. Another meeting of the AAB was held on January 19, 2011 to discuss the options and receive input and to consider the views of the Airport tenants and stakeholders. January 24, 2011 a three member committee of the AAB met to consider drafting options to Council. Council Member Engelbrecht had suggested that staff consider formalizing the existing Airport Safety Committee. The current Committee was administered by staff but membership was not formally defined and the meetings occurred on an irregular basis. Council Member Engelbrecht proposed that the committee membership, charge and meeting schedule be formalized if the proposed governance stricture was changed. Staff was in agreement with this recommendation and would draft a proposal for Council to consider if directed to do so. Staff recommendation - The staff recommendation as presented on December 14, 2010 included (1) expand the role of the EDPB to review, consider and make recommendations to Council regarding branding, marketing and development incentive policies, (2) increase membership by two members, (3) transition from the AAB as it currently existed to a City Council Airport Committee, (4) hold regularly scheduled meetings with interested stakeholders to share information and ideas relative to airport operations or development and (5) continue to have the Airport Manager administer day-to-day operations of the Denton Airport. City of Denton City Council Minutes February 15, 2011 Page 3 Council Member Watts asked about the Safety Committee and Tenant/stakeholder line of communication. He questioned if there would be a liaison to the Council Committee or staff. Langley stated that the proposed governance stricture would be directly back to Council. The Safety and Tenant Committees would have staff liaisons to handle those functions. Mayor Pro Tem Kamp asked if the Safety Committee and the Tenant Committee information would go to the Council Airport Committee. Langley stated that the Tenant/Stakeholder group would not be a formal committee. It would meet on a regular basis but would not be a formal group. The Safety Committee would be more formalized with a charge, how often the meetings would be, etc. and would have posted meetings. Mayor Pro Tem Kamp asked about the information flow. Langley stated that it would go back to the Council Airport Committee and then back to Council. City Manger Campbell stated that staff would have regular and consistent dialog with the Safety Committee. The function of the Committee would be to advise and assist staff to manage functions of the Airport but directly related to safety issues. Mayor Pro Tem Kamp felt that more discussion was needed on the tenant/stakeholder issue. Mayor Burroughs noted that the safety and tenant relations issues were not on agenda for this evening. Don Smith, Chair-Airport Advisory Board, presented background information on the history of the Airport. Since 1985, the Airport had experienced expanded taxiways and ramp space; the installation of perimeter security fencing; increased annual fuel sales; had attracted substantial businesses; gained financial independence from the City's General Fund; was in the process of adding a second runway; and was Reliever Airport of the Year in 2010. All of this took place with an active partnership between Council, City staff and the AAB. The AAB was directly involved in developing and presenting economic incentives that developed the Airport into the working airport it was today. That was accomplished by utilizing the knowledge, expertise and contacts of the AAB members to locate vital resources within the industry to bring aviation businesses to the Airport. Facing the future - Current questions/issues dealt with the maximizing of the management of and benefits from a city-owned Denton Municipal Airport and how best to implement the 2003 Airport Master Plan and the 2010 Business Plan. The staff proposal for the restructuring included management by the EDPB, a new three member Council Committee and staff interaction with stakeholders. The AAB proposal suggested assessing the needs of the Airport from a strategic planning level and determining important governance factors by public meetings of stakeholders and the aviation community. City of Denton City Council Minutes February 15, 2011 Page 4 The AAB's proposed governance stricture would form a Denton Airport Enterprise Board (DAEB) that would emulate the Public Utility Board and maintain an advisory role with a similar stricture, responsibility and terms as the Public Utility Board. The DAEB would have a 7 or 9 member board each nominated by a council member. Up to two members could be appointed from outside the city limits. Two additional members could be added, one each from the Chamber of Commerce and the EDPB which would be confirmed by Council. The members would have staggered initial term lengths, past or current AAB members would be eligible and the term limits would begin at the initial appointment on the DAEB. Advantage of this type of stricture included (1) stability in the form of continuity during the changes with staff and Council; (2) aviation experience with contacts within the aviation industry and (3) living archives with information on historical actions and outcomes. The mission of the DAEB would be to continue to work with the EDPB on marketing the airport and maintain and increase the cash flow of the Airport. The end result would be four units working together as a partnership to provide an excellent opportunity to build on the great history of the Denton Airport while maximizing the elements of citizen involvement. Council Member Gregory stated that he did not see any suggestion on the membership of the Board. He questioned if the proposal had any restrictions on board members in terms of those who own hangers or businesses at the Airport. Smith stated that there would be the same vetting of candidates as was currently done. The City Attorney provided information on conflicts of interest. It would be up to Council on the final say. He did not feel ownership of a hanger should not disqualify someone from the Board as the person owning a business or home in Denton was not disqualified from other boards. The issues looked after the best interest of the City and if there was a conflict, a Board member must abstain from the issue. The current AAB had relatively little problems with that happening. Council Member Gregory asked about term limits. Council had recently completed a handbook for all boards and commission and one recommendation was that all boards and commissions have three 2 year terms. He questioned if Smith was suggesting that the AAB not have term limits. Smith replied that the AAB would have term limits similar to the EDPB which he thought was three four year terms. However, he would be comfortable with limits similar to the Council's. Council Member King asked if anyone currently serving would be subject to term limits. Smith stated that he was termed out. If the Council chose to keep the AAB as it was now, the regular term limits would apply. If the Council re-established a new board, the new board would start with a clean slate. Mayor Burroughs asked Smith if he had a problem with a Council subcommittee working with the negotiation of leases and miscellaneous other items. Smith saw no problem with that. City of Denton City Council Minutes February 15, 2011 Page 5 Mayor Burroughs stated that the difference would be that the Council committee would have more direct role in lease options, etc. Smith felt that a three member committee would improve the process rather than the opposite. Mayor Burroughs stated that the EDPB concept was limited to a couple of topics such as marketing and incentives. Smith felt that was also a good idea. Mayor Burroughs stated that the marketing direction was a part of the enterprise fund. Those were the two items being discussed at this meeting. The other area was the operations and safety issues and input for those two items which was a lot of what the AAB did at this time. Staff recommended terming it a stakeholder operation with a possible different stricture. The functionality was safety and operations and making recommendations and hearing suggestions. He felt there was no problem from Council for a safety and operations stakeholders group. The issue was the stricture to get there to allow as much input as possible with less political influence and more input from more people. If the stricture allowed individuals to participate without conflict of interest, more information could be provided. Smith stated that those functions were taking place right now. There currently was a Safety Committee that reviewed problems and solved them right away. The stakeholders communicated with individual AAB members and attended their meetings. The lines of communication were there right now as well as the functions. Council Member Watts stated that Council was considering the governance stricture of the Airport. A consideration was where the proposal from the AAB fit into that stricture. The recommendations from the AAB would fit more in the governance issue than safety and operations issue. Mayor Burroughs suggested considering a hybrid of the proposal later in the operations and safety stricture but he was not sure that was what the AAB wanted. Smith felt that the direction of the discussion was going towards the safety issue. Safety was already being addressed and the staff proposal would just make the process more cumbersome. Safety issues did not come to the full Board that often because they were solved before they got to the Board. The safety meetings that were held took care of the issues before they got to the full Board. Council Member Watts questioned if Council approved the items on this agenda, would the recommendations from the AAB be foreclosed. Council Member Gregory felt if the council committee were approved and designated the task to vet contracts for businesses and leases, then in some way it would affect the proposal from the AAB as that function would be taken away from the AAB. If the Council approved the proposal concerning the EDPB, then the economic development responsibility of the AAB would also be removed. He asked how the staff safety committee currently operated. City of Denton City Council Minutes February 15, 2011 Page 6 Quentin Hix, Airport Manager, stated that the safety committee representatives met with no formal agenda or schedule but did meet routinely every 2-3 months to discuss the operations at the Airport. Members included airport staff, the tower manager, representatives from the fixed based operators, and constriction people if constriction was going on. There was no formalization in terms of membership. Council Member Gregory asked if representatives from the AAB attended or were AAB members notified about the meetings. Hix stated that no members of the AAB were routinely notified of the meetings; however, the AAB had expressed an interest to attend the meetings. Individual members of the AAB were in attendance but not in an official capacity. Council Member Gregory asked if the meetings were held after a particular incident or in anticipation of an event that would affect safety. Hix stated that the meetings were to talk about general safety issues, not specific items. They were to stimulate communications among various entities at the Airport. Council Member Gregory asked who would make a call regarding safety if there were differences in opinions on how a matter would be handled. Hix replied that there was always staff at the safety meetings. If there were differences of opinion, staff would coordinate the response. If it needed to go further than that, it would go to the AAB and from there to the Executive staff. City Attorney Burgess stated that the draft resolution concerning the council committee dealt with the duties and purpose of the committee and addressed matters of airport operations. If Council wanted to go in a different direction, the resolution would need to be amended. Mayor Pro Tem Kamp felt that she would like to see direction given to staff to look into a safety committee as proposed by Council Member Engelbrecht. The stakeholders committee included more involvement but did not include day to day operations. Day to day operations were not a function of the Council or of the AAB. She suggested more formalization of the stakeholders group so that it was not so loose and would include more involvement with people at the Airport including the fixed based operators. Council Member Gregory stated that the last discussion on these issues proposed establishing the stakeholders group by resolution. He felt the safety committee could also be established with a resolution indicating how structured it would be, how often it would meet, etc. The stakeholders group would depend on the issues present and the number of individuals involved. The chair of the Council committee would attend those meeting to hear those discussions. Mayor Burroughs stated that from a structural standpoint, he would like to vet out a discussion whether there should be a separate stakeholders group versus a safety group, whether they be subgroups of the same entity and function as that on an as needed basis. He questioned how separate they needed to be and function as well as subgroups. City of Denton City Council Minutes February 15, 2011 Page 7 City Manager Campbell stated that staff could think through the whole issue regarding the concerns expressed and return to Council with more than one option for consideration. Council Member Gregory stated that he would prefer making decisions on all of the issues at the same time. He would like to do the issue of the EDPB and council committee at the same time as the safety committee and stakeholders group. The individuals on the current AAB and current members of Council were all interested in same thing which was to have the Airport a successful operation. He had talked with many tenants at the Airport who had indicated that they were comfortable with the EDPB suggestion. They had all indicated that they wanted a voice on how things would happen at the Airport. Council was not trying to take away a voice at the Airport but was trying to stricture a way to make that happen. 4. Receive a report, hold a discussion and give staff direction regarding the 35 Conferette Concerts. Mayor Pro Tem Kamp left the meeting with a conflict of interest. Emerson Vorel, Director of Parks and Recreation, stated that this was the first time this event was being hosted in the proposed fashion. Many staff and different departments were involved in the process and it was still a fluid event. The proposed ordinance allowed the Conferette to close Hickory Street and associated side streets for 4 days. Hickory would be closed from 7:00 a.m. on Thursday, March 10th until midnight on Sunday, March 13th. There were many issues involved in the proposed closing. There were new apartments on Oakland Street with Oakland being a one way street northbound. The proposal would temporarily make Oakland a two way street to enter off Oakland and the north side of Hickory would be posted as no parking and a tow away zone for the term of event. Industrial Street would also be a no parking and tow away zone. A second issue was the exclusive use of the area for the four days. Fences would be erected on Hickory from Locust down to Bell. A third issue dealt with a noise exception up to 95 decibels. Staff was recommending 75 decibels which was in keeping with other music events. Mayor Burroughs asked what the decibels were at the Arts and Jazzfest. Vorel stated it was at 75 decibels. Council Member Gregory asked what "exclusive use" of the area involved. Vorel stated that DCTA had rented parking lot space and that was where the buses were exchanged. DCTA felt that they were far enough long with the new site that they could move the bus operations for that event and then keep them at the new site after the event. Council Member Gregory stated that if the area were fenced off and someone wanted to use any of the businesses on Hickory, he/she would have to pay to go to the Conferette in order to get into one of those businesses. Vorel replied correct that anyone in the fenced off area would have to have a wrist band to get into that area. City of Denton City Council Minutes February 15, 2011 Page 8 Vorel stated that a fourth item dealt with the sale and consumption of alcohol on city property. At this point, there was no contract for that. If it happened, the contract would have to be approved by Council on the March 1st agenda. In order for that to happen, the organizers would have to have all of their information completed by 3:00 p.m. on Friday so it could be posted in the agenda. He indicated that a street closure request had been submitted with a number of signatures of people in area who agreed with the closure of the street. Council Member Watts asked if Austin Street would be closed at Oak or at Hickory. Vorel indicated that he was not sure yet, that he had seen a couple of different maps. He felt that some barricades would require staffing to allow some access for deliveries and band equipment to get into the area. Council Member Watts questioned why there had to be four days of street closure. With an estimated crowd of 5,000 people at the headliner event, how would that many people fit into that area as the only large open space was the parking lot. Another question was the fiscal information. He asked Vorel if it was correct that if the event organizers paid the required police officers directly, the cost would be $17,300. If the officers were paid by the city, the cost would be $25,300. If the officers were paid by the City, the City would not be reimbursed. Vorel replied that was correct. Council Member Watts asked if the organizers had asked that it be paid by the City. Vorel stated that the Conferette would pay for the necessary police officers. Council Member Watts asked how the total costs for the Fire Department were determined in terms of charging for ambulances. Brad Lahart, Denton Fire Department, stated that the cost was broken out in terms of overtime costs. Council Member Watts asked if the ambulances would be on standby for the entire event. Lahart indicated that it would only be for the time the bands were on stage. The outside festival ended at 10:00 p.m. and that would be when the coverage would end. Council Member Watts asked if the organizers would have to pay in advance or if they would be invoiced. City Manager Campbell stated that it was normal to pay in advance. Assistant City Manager Greene stated that there had been no decision at this time whether to pay in advance or be invoiced. Council Member Watts asked what department looked at pedestrian control for the area and how many people could safely fit in that area. City of Denton City Council Minutes February 15, 2011 Page 9 Lahart stated that they had looked at the total square footage of the fenced area in terms of the total number per persons. A required fire lane would also have to be dedicated. Council Member Watts questioned who would be responsible for cleanup after the event. Vorel stated that the Conferette would be responsible and the agreement indicated that the area would be cleaned. Council Member Engelbrecht stated that the business signature sheet only said the property owners needed to be told of street closure. It did not indicate that the businesses knew that there would be no business traffic unless someone paid to get in. Vorel stated that he did not know what information was shared. Early discussions had talked about compensating businesses that would lose business during the nun of the event. Council Member Engelbrecht asked if the barricades could be run along the curbs so the sidewalks would stay open. Vorel assumed that would not happen as this was a wrist band event and having the barricades on the sidewalks would allow for potential openings for people to get into the event without paying. Council Member Gregory asked if the residents in the area had been contacted about the level of the music. Janie McLeod, Special Events Coordinator, stated that the residents in the townhomes had been contacted as well as the businesses on Industrial. The businesses on Russell Street would be using the back doors of the businesses and not the front doors for those people who were not attending the event. Council Member Watts questioned where people would park. McLeod stated that they had such a discussion and comments were made that it would be similar to Jazzfest where patrons had to find places to park. Council Member Watts asked about the storytelling festival. McLeod stated that it would be inside this year. 5. Receive a report, hold a discussion, and give staff direction on the City of Denton's P.L.U.S. One program. Mayor Pro Tem Kamp returned to the meeting. Ethan Cox, Customer Service Manager, presented background information on the program. Plus One was a donation program that assisted customers struggling to pay their utility bill due to a recent financial crisis. Customers could donate either by incorporating a recurring donation into City of Denton City Council Minutes February 15, 2011 Page 10 their utility bill or making a one-time donation with the utility payment. Once collected the funds were administered by Interfaith Ministries. To request assistance customers contacted Interfaith Ministries and applied for funds. If eligible, Interfaith Ministries pledged a payment on the customer's behalf. Qualifying customers could receive funds once per year. Funds from the program were applied to past due balances. Customer eligibility was based on (1) documented household income and expenses with proof of a financial crisis; (2) disabled, elderly or persons on a fixed income; and (3) priority was given to homes with young children or family members on life support. The estimated demand for qualified customers included $56,834 among 362 families in 2009 with 260 requests denied due to lack of funding; $81,900 among 455 families were estimated for 2010 with 360 requests declined due to funding. Donations to Plus One program averaged $15,745 for the last 5 fiscal years with donations not exceeding $19,500 in any year. Staff had worked on a marketing campaign to boost donations to program. The staff recommendation was to allocate a portion of the revenues received from the $20 late payment fee to the Plus One program. Interfaith Ministries estimated that $75,000 in additional funding would be required to meet the 2011 demand. That amount would assist 450-500 families with average bills from $180-200. Future allocations may fluctuate based on demand. There would also be an additional annual allocation of $10,000 for resources and capital. If Council agreed with the proposed strategy, it would be presented to the Public Utility Board on February 28th and for Council approval on March 1st Mayor Burroughs asked about the effect of the additional late fee. Cox replied that in January there was a 10% reduction in late fees. Mayor Burroughs questioned why staff was requested only $75,000 and not the amount needed to meet the applicants. Cox stated that the intent was to meet the demand and $75,000 was what was expected for 2011. Staff would revisit the issue each year to determine if more allocation was needed or less if it had not been totally used the prior year. Each year they would look at the trend and the allocation for that year. Council Member Engelbrecht asked if there was anything that could be done to help improve the Plus One program. He noticed that the information on the program was on the bottom back side of the utility statement and questioned why it couldn't be put on the front. Cox stated that the invoice had been recently redesigned and the Plan One information had been on the front prior to that. He felt that efforts this year had outpaced previous years. Consensus of the Council was to proceed as proposed. 1. Closed Meeting: City of Denton City Council Minutes February 15, 2011 Page 11 A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072 and Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding an economic development prospect for a hotel and conference center to include discussion of the leasing of land and financing of such facility. The discussion shall include financial information the City Council will review, including the offer of financial or other incentives. B. Consultation with Attorney - Under Texas Government Code Section 551.071; Deliberations regarding Real Property - Under Texas Government Code Section 551.072. 1. Receive a report and hold a discussion with the City's attorneys regarding legal issues associated with real property interests located in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas (the "Property") and actions of the City of Denton related to the value and sale of the Property. The duty of the City's attorneys to the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code in this matter. Also hold a discussion to deliberate the purchase, exchange, lease or value of the Property. A discussion of these matters in an open meeting would have a detrimental effect on the position of the City of Denton in negotiations with the third party. C. Consultation with Attorney - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues related to economic development incentives in which the duty of the attorney to the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding economic development incentives and the discussion shall include commercial information the City Council has received from the candidate which the City Council seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations and to deliberate the offer of a financial or other incentive to such candidate. D. 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 February 15, 2011 Page 12 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. E. Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074. 1. Consider and discuss an appointment to the Zoning Board of Adjustment and two alternate appointments to the Denton County Transportation Authority. F. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with City's attorneys regarding the status and potential settlement of pending litigation styled Delarosa, et al. v. City of Denton, Cause No. CV- 2009-02751, currently pending in the County Court at Law 42, Denton County. G. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Sec. 551.086; and Consultation with Attorneys - Under Texas Government Code Sec. 551.071. 1. Receive a presentation from Staff regarding present Denton Municipal Electric utility competitive and financial issues; and receive a briefing from and a consultation with the City's attorneys regarding proposed Texas legislation dealing with municipally-owned electric utilities; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal issues. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Minutes February 15, 2011 Page 13 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. PROCLANIATIONS/PRESENTATIONS A. Proclamations/Awards 1. Denton Family Unity Week Mayor Burroughs presented the proclamation to Janie McLeod. 2. Presentation by Carter Blood Care of Four Seasons Award Linda Sarvis presented the award in recognition of the City's participation in the Carter Blood Care drives. 3. Presentation by Carter Blood Care of Top Performer Award Linda Sarvis presented the Top Performer Award to Kari Zika for her work on the blood drives. 4. Presentation of Empowering Excellence Award Kevin Gunn, Director of Technology Services, presented the award to the Mayor for the use of electronic records technology. 5. Severe Weather Awareness Week Mayor Burroughs presented the proclamation to Michael Penaluna for Severe Weather Awareness Week. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Bob Clifton regarding City employees. Mr. Clifton was not present at the meeting. City of Denton City Council Minutes February 15, 2011 Page 14 4. CONSENT AGENDA Mayor Burroughs indicated that Item J and K would be pulled for separate consideration. Mayor Pro Tem Kamp asked that Item H also be pulled for separate consideration. Council Member King motioned, Council Member Gregory seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items H, J, and K. 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. Ordinance No. 2011-020 A. Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 14, 2011, and if a runoff election is required, on June 18, 2011, for the purpose of electing Council Members to District 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Elections Administrator of Denton County; providing a severability clause; providing an open meetings clause; and providing for an effective date. Ordinance No. 2011-021 B. Consider the adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,500,000 for funding facility HVAC and roof replacements for municipal facilities, and providing an effective date. Ordinance No. 2011-022 C. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the Purchase of Ready Mix Concrete, Cement and Bulk Lime products for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4647-Annual Contract for Ready Mix Concrete, Cement and Bulk Lime awarded to the lowest responsible bidder for each item as shown on Exhibit A in the annual estimated amount of $250,000). Ordinance No. 2011-023 D. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number One to the contract between the City of Denton and National Wholesale Supply; providing for the expenditure of funds therefor; and providing an effective date (Bid 4592- Miscellaneous Water Material For Masch Branch Road Change Order Number Two in the amount of $2,048 for a total contract award of $102,047.66). Ordinance No. 2011-024 E. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Installation of a Drainage Basin including a Wash Water Recycling Tank City of Denton City Council Minutes February 15, 2011 Page 15 for the City of Denton Landfill Trick Wash; providing for the expenditure of funds therefor; and providing an effective date (Bid 4616-awarded to the lowest responsible bidder meeting specification, Caliber Constriction, Inc., in the amount of $445,724). The Public Utilities Board recommends approval (5-0). Ordinance No. 2011-025 F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Installation of an Ultraviolet Light Disinfection System at the City of Denton Waterworks Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4621-awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, inc. in the amount of $102,550). Approved the noise exception below. G. Consider a request for an exception to the Noise Ordinance for amplified sound for a fundraiser, Ride for Reid, to be held at the North Texas Fairgrounds on March 19, 2011. The exception is for an extension of hours for amplified sound from 10:00 p.m. to 12:00 a.m. Ordinance No. 2011-026 L Consider adoption of an ordinance authorizing the City Manager or his designee to execute an Agreement to Purchase Real Property ("Agreement"), by and between the City of Denton, Texas and Denton County Transportation Authority ("DCTA"), a Coordinated County Transportation Authority under Chapter 460 of the Texas Transportation Code, a contemplating (i) the sale and purchase of approximately 1.61 acres of real property in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas ("Real Property"), for public purposes, being located adjacent to the Dallas Area Rapid Transit Rail between Hickory Street and Prairie Street, and being a portion of the lands conveyed to the City of Denton by Union Pacific Railroad Company, by Deed recorded in Volume 4962, Page 02851, Real Property Records, Denton County, Texas; (ii) the execution and delivery of a Street Use License to Use Certain City Property for Rail Crossing Purposes related to DCTA's use of Sycamore Street in the vicinity of the Real Property; and (iii) the execution and delivery of an Assignment and Assumption Agreement, assigning that certain lease, dated on or about September 25, 2001, by and between Union Pacific Railroad Company and Trinity Industries, Inc.; authorizing the City Manager, or his designee, to execute and deliver any and all deeds, licenses, assignments and any other documents necessary to accomplish closing of the transactions contemplated by the Agreement; authorizing the expenditure of funds therefore; and providing an effective date. Item H was considered. Resolution No. R2011-002 H. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing first and second alternates to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date. Mayor Pro Tem Kamp presented the names of Richard Moore as First Alternate and Rick Woolfolk as Second Alternate. City of Denton City Council Minutes February 15, 2011 Page 16 Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to approve the resolution with the names of Richard Moore for First Alternate and Rick Woolfolk as Second Alternate. 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. Item J was considered. J. Consider adoption of an ordinance amending Ordinance No. 2003-258 relating to the Economic Development Partnership Board ("The Board") to add to the membership of the Board and to expand the duties of the Board to include branding and marketing for the Denton Municipal Airport in support of the Denton Airport 2010 Business Plan and to further include duties related to Airport economic development incentives; repealing all conflicting ordinances and portions thereof, and providing an effective date. Mayor Burroughs indicated there were Speaker Cards for Items J and K. The following individuals spoke on Items J and K: Jim Clark, 1220 Tulane, Denton, 76201 - spoke in opposition to both proposals Rick Woolfolk, 115 W. College, Denton, 76201 - spoke in opposition to Items J and K. Bill Schofield, 2224 Hollyhill, Denton, 76205 - spoke in opposition to Items J and K. Mayor Burroughs felt that where staff and the citizens currently were structurally as far as management of the Airport and goals for the Airport was not as far apart as had been indicated. Basically the Council was the final authority for Airport issues on how best to vet items before they came to the Council. The Enterprise Fund focused the Airport as an economically standalone entity. Decisions regarding the Airport could be uncomfortable if a member of the Board owned property at the Airport and might directly benefit at the Airport. The focus of the Council was to have an identification of best economic decision making from an enterprise standpoint. This item dealt with incentives, the proposing of incentives, marketing and branding of the Airport. The Economic Development Partnership Board (EDPB) would be expanded to add members who were airport related. Item K dealt with a council subcommittee with the Council the final authority under any circumstance. Lease disputes and contractual terms would be vetted through the council subcommittee. A negotiation problem would go to that committee. The real issue was the remaining duties of operations and safety. A review and input of those issues, making recommendations and visioning on those issues were in a task force/stakeholders group which was not before Council at this time. That was the critical group and staff was still working on the stricture of that group. He did not have a problem with the subcommittee focusing on the areas mentioned or with the EDPB charged with the two primary areas of that focus. Those two areas were not taking anything away from citizen input. The last element needed to be structured properly to encompass the Airport Advisory Board's (AAB) view points. Council Member Engelbrecht indicated that Item J would do some of the AAB duties which would be established by ordinance or resolution. He questioned if that would require dissolution of the AAB. City of Denton City Council Minutes February 15, 2011 Page 17 City Attorney Burgess indicated that the ordinance did have a repealer provision that would eliminate the AAB. Approving the proposed ordinance would take that action. Council Member Watts felt that based on the Work Session discussion and based on the Mayor's comments, the economic development function was a new function. If that was going to be done, it should be comprehensive. If the safety and stakeholder components were critical portions of the process, he was uncomfortable voting on two components and leaving the most critical component undone. He needed a clear picture of what all components would look like. He felt that the item should be postponed to the March 1st agenda to complete the process on the other committees. Council Member Watts motioned, Council Member Gregory seconded to postpone the item to the March 1, 2011 agenda. 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. K. 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. Council Member Watts motioned, Mayor Pro Tem Kamp seconded to postpone the item to the March 1, 2011 agenda. 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. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2011-027 A. Consider adoption of an ordinance to allow exclusive use of City property for an event at Williams Trade Square and Hickory Street between Locust Street and Bell Avenue for the sale and consumption of alcohol on City property contingent on a fully executed contract with an approved vendor; for an exception to the Noise Ordinance to have increase in decibel level to 75 decibels and for amplified sound on Sunday; and for the street closures to traffic beginning at 7:00 a.m. on Thursday, March 10, 2011, and concluding at 12:00 midnight on Sunday, March 13, 2011; and providing for an effective date. Staff recommends approval of the requests pending completion of items by dates set by City ordinances as listed on Exhibit 2 "Schedule of Project" which was provided to event organizers on January 24, 2011. Mayor Pro Tem Kamp left the meeting with a conflict of interest. Emerson Vorel, Director of Parks and Recreation, stated that the proposed ordinance was for an event scheduled for March 10-13, 2011 and included four major items. City of Denton City Council Minutes February 15, 2011 Page 18 The first item involved the closure of Hickory Street for the four days of the event for vehicular traffic. The proposal was to fence off a large area in the downtown area which included all of Hickory from Bell to Locust. That would encompass a portion of the Williams Trade Square parking lot. Oakland Street was currently a one way street and it was proposed to temporarily change Oakland to a two way street. Parking would be suspended on the west side to make the two way traffic pattern. The Police Department would post the north side of Hickory as no parking and a tow zone. The west side of Industrial would also be posted no parking and a tow away zone. The second item involved granting exclusive use of the area for the four day event. The area would be closed to vehicular traffic for the total time of the event. When the bands were not playing on the stages, those areas would be open to pedestrian traffic. The intent was to have three stage areas fenced and during music and performances a wrist band would be required to be inside the area. The third item dealt with a noise exception to raise the decibel level to 95 and have amplified sound on Sunday. The staff recommendation was to 75 decibels in keeping with other events held in the City. The fourth item was the sale and consumption of alcohol on city property. That would require a license by TABC. At this time, there was no vendor. If the organizers could identify one, the paper work would need to be turned in at the end of this week for Council consideration on March 1st. Also, the DCTA transit area would move to the new transit station and would remain there after the event. Council Member Watts asked about the south side of Hickory for a tow away zone. Roger White, Denton Police Department, stated that a tow away zone was needed to help keep cars out of the area. Council Member Watts questioned why there would not be towing on the south side. James Brett, Police Operations, stated that towing would be needed on both sides of the street. Council Member Watts asked if it would be the same for Oakland Street with a fenced in area and towing. White replied correct. Council Member Watts asked about a 95 decibel equivalent. Vorel stated that it would be similar to a subway train at 200 feet. Ninety decibels would be similar to a train whistle at 95 feet. A sustained exposure to 90-95 decibels would produce a hearing loss. Council Member Watts questioned why not block off Austin Street at Hickory instead of making Oakland a two way street. City of Denton City Council Minutes February 15, 2011 Page 19 Vorel stated that the established businesses in the area had deliveries to the rear of their stores and leaving Austin Street open would provide access to the businesses during the event. A concern had been expressed since the Work Session that the semi-tricks pulling in for deliveries might not be able to get out after their deliveries. Council Member Watts raised a question about insurance. Vorel stated that insurance was required but he had not seen it yet. Council Member Watts asked if the stage on the Courthouse lawn was open to the public. Vorel stated correct pending approval by Commissioners Court. Council Member Watts stated that there were still outstanding items and questioned what would happen if those items were not provided by the times indicated. Vorel stated that would depend on which item was outstanding. For example, if the insurance was not provided, the organizers would not be allowed to close the street and could not hold the event. If not all of the information were provided for the safety plans, there could not be any set ups. Council Member Gregory asked about the fencing area at the Williams Trade Square parking lot in terms of the Wells Fargo Bank spaces. Vorel stated that those parking spaces would have to be open Thursday and Friday for the bank customers. Council Member Gregory asked if the barricades would be moved back so people could have access to that area of the parking lot. Vorel stated that was a part of a later concept. Another discussion was when the bank closed, the barricades would encompass all of the parking lot. Council Member Gregory asked about vendors and vendor booths in the enclosed area. He questioned if there would be booths with vendors or booths for tobacco companies sponsoring the event with free products. Vorel stated that the plan submitted by the organizers showed vendor booths. Last year there was one issue of setting up of a tobacco tent on city property. Council Member Gregory asked about vendor fees for the booths. Vorel stated that vendor permits were only required when on park property. While this area was city property, it was not on park property. Mayor Burroughs indicated that Speaker Cards had been submitted for this item. City of Denton City Council Minutes February 15, 2011 Page 20 Chris Flemmons, 1322 Egan, Denton, 76201, stated that this festival in March would be more hassle free and an alternate to the upcoming festival in Austin. The growth of the event had been aggressive. Last year the event had been moved to the North Texas State Fairgrounds but this year they wanted to move it back to the downtown area. Council Member Gregory stated that he was asking lots of questions because he feared that if the event was not done right, it would be the last time it was done. There were only 23 days left before the event and he questioned if there was a Plan B ready if Council did not approve the proposal. Flemmons stated that they would have a Plan B if needed. Council Member Gregory felt that a 95 decibel level was not going to happen. He asked if that would ruin the program if it were down to 75 decibels. Flemmons stated that last year there had been a conflict with 75 decibels at the Fairgrounds due to a question on where the sound was being measured from. If the sound were measured from the perimeter, 75 decibels would be ok. Council Member Gregory asked about the vendors. Flemmons stated that there were no specific locations determined at this point but that there would probably be about 10 booths and no outside food sales. The barricades would be manned 24/7 for trash pickup and vendors. Council Member Gregory asked how a person would get to one of the businesses on Hickory Street such as the small engine place if he did not want to park far away to get his equipment to the business. Ken Leathers, event organizer, stated that there would be people at the barricades to help people get into the businesses. They had also worked out details with the homeowners association of the condos in the area. Council Member Watts indicated that there was a schedule in their agenda backup that indicated outstanding issues and documentation. He questioned if the organizers were confident that they would be able to meet the schedule. Flemmons replied that they would be able to meet those requirements. Council Member Watts asked about public safety measures. Leathers indicated that they were working with the Denton Police Department and had used that information to bid for a private security company. That firm would be working with the Denton Police Department to coordinate what would be needed for public safety. Council Member Watts questioned if there would be a strong Denton Police Department presence even with the private security personnel. City of Denton City Council Minutes February 15, 2011 Page 21 Leathers stated that the event would be manned by security personnel 24/7 to work and communicate with the Denton police. Council Member Engelbrecht stated that the petition notifying the area property owners of the street closure did not include the fact that there would also be no pedestrian traffic other than people attending the event. He questioned if that had been explained to the property owners. Wallace Campbell, Director of Operations, stated that it had been explained that the streets would be closed but the barricades would be manned for deliveries. Council Member Engelbrecht asked if the property owners understood that there would be no foot traffic during music sessions. Campbell stated that they understood that. Council Member Gregory asked if there would be video screens for presentations during the performances. Campbell stated that there would be one at the stage in the Williams Trade Square. Council Member Gregory stated that he understood there had been a number of complaints with the Conferette in Fairbanks concerning what was shown on the screens. Campbell stated that the screen would show the bands during their performances. Council Member King motioned, Council Member Engelbrecht seconded to approve with the 75 decibel level. Council Member Gregory asked for a friendly amendment to ensure that Austin Street would not be barricaded. Campbell showed the entrance to the festival with the entrance past Austin Street which would be a problem for safety. Leathers indicated that they had a discussion with the Police Department and there was a public safety concern if Austin were not closed. If the entrance gate were moved, people would be standing in traffic waiting to get into the event area. Council Member Gregory stated that he would defer to the Police Department on how to move traffic and withdrew his suggestion. Council Member Watts asked if the motion was contingent upon the organizers meeting the schedule and necessary requirements as presented in their backup materials. Mayor Burroughs asked if the Council approved the proposal as presented and if one element was not satisfied, would the City be able to shut down the event. City of Denton City Council Minutes February 15, 2011 Page 22 City Attorney Burgess stated that if Council was concerned about that possibility, a motion could include a contingency to meet those requirements so that the highest level had acted to approve the proposal with the discretion to staff to take some action. Mayor Burroughs asked about the direction for staff to terminate the event if the health and safety measures were not accomplished. Council discussed possible terminology to deal with the possibility of the organizers not completing all of the requirements in the allotted time frame. City Attorney Burgess stated that her preference would be to make a motion contingent at meeting all health and safety issues. Council Member King motioned to adopt the ordinance with the latitude of staff to ensure that the safety and health issues are addressed by the Conferette. Council Member Engelbrecht was in agreement of the wording with his second. On roll call vote, Council Member King "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Burroughs "aye". Council Member Watts "nay". Motion carried with a 5-1 vote. Mayor Pro Tem Kamp returned to the meeting. B. Continue consideration of adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, with an overlay district, on 6.836 acres of land located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z10-0007, 1411 E. University Drive) The Planning and Zoning Commission recommends approval with an overlay district (3-2). DUE TO MORE THAN 20% OPPOSITION FROM THE LAND AREA WITHIN 200 FEET OF THE REQUEST, A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. City Manger Campbell indicated that the applicant had asked to have this item continued to the March 1, 2011 meeting. Council Member King motioned, Council Member Engelbrecht seconded to continue the item to the March 1, 2011 meeting. 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. C. Consider nominations/appointments to the following boards and commissions: 1. Community Development Advisory Board 2. Human Services Advisory Committee City of Denton City Council Minutes February 15, 2011 Page 23 3. Public Art Committee 4. Traffic Safety Commission 5. Zoning Board of Adjustment 6. Downtown Denton Tax Increment Financing Reinvestment Zone Board Mayor Pro Tem Kamp nominated the following to the Downtown Denton Tax Increment Financing Reinvestment Zone Board: Bob Moses and Virgil Strange in the property owner category; Marty Rivers and Hank Dickinson in the Chamber of Commerce category; and Harold Strong in the at-large category. Mayor Burroughs stated that there were two positions on the board for council members. Council Member Watts asked about a policy of serving on more than one advisory board or commission. City Attorney Burgess stated that this would be an advisory board and there was nothing in law or ordinance that would prohibit an individual from serving on two advisory boards Mayor Burroughs asked for interested persons from Council to serve on the board. Mayor Pro Tem Kamp and Council Member King expressed an interest in serving. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to approve the nominations as listed above. 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. 6. PUBLIC HEARINGS A. Hold a second public hearing to consider the involuntary annexation and service plan for approximately 1,595 acres of land contained in three (3) areas located within the City of Denton's Extraterritorial (ETJ) Jurisdiction, in accordance with Texas Local Government Code. The proposed annexation consists of three (3) distinct areas under multiple ownerships and of an approximate total of 1,595 acres. The 3 areas are identified and generally located as follows: 1. DH-7: 143 acres, located east and north of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive; 2. DH-9: 298 acres, located north of Pockris Page Road, north, south and northeast of Edwards Road; and City of Denton City Council Minutes February 15, 2011 Page 24 3. DH-12: 1,154 acres, located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road. Mark Cunningham, Director of Planning and Development, presented the details of the proposal, indicating that this was the second public hearing on the proposal. Overview/Background - In 2009, 18 potential annexation areas were identified. Of the 18 areas, all but three were exempted from the 3-year annexation plan requirements. The 15 areas that were exempted from the requirement of the 3-year annexation plan were annexed on May 4, 2010 except for properties that qualified for non-annexation agreements. The areas to be included in the proposed annexation in terms of acres and parcels were reviewed. Annexation plan process included (1) the adoption of a 3 year annexation plan, (2) providing written notice of intent to annex, (3) conducting an inventory of services and facilities, (4) preparing a service plan for extension of full municipal services, (5) holding two public hearings, (6) negotiating for the provision of services and (7) holding two readings of the annexation ordinance. A Service Plan must be prepared that provided for full municipal services to the annexed areas. The City may provide the services by any of the methods by which it extended services to other areas of the City. The City was not required to extend services to a newly annexed area prior to the extension of services to existing similar areas. The City was not required to provide a uniform level of full municipal services to each area annexed if different characteristics of topography, land use and population density constituted a sufficient basis for providing different levels of service. Staff was recommending the same Service Plan for the three-year annexation areas that was prepared and adopted for the other 15 recently annexed exempted areas. Elements of the Service Plan - (1) Fire - would be provided at a level consistent with current methods and procedures consistent with those services provided to other areas of the city including fire suppression, pre-hospital medical services, hazardous materials response, emergency prevention, technical rescue response and constriction plan review. (2) EMS - included emergency medical dispatch, pre-hospital emergency advanced life support and medical rescue services. (3) Solid Waste - solid waste and recycling services would be made available immediately upon the effective date of annexation with private collection services continuing up to two years after the annexation. (4) Parks and Recreation - the annexed areas would be able to utilize all existing park and recreation facilities on the effective date of the annexation. (5) Streets - emergency street maintenance would be provided on the effective date of the annexation, routine maintenance would be provided consistent with current policies of the City, and roadway signage would be provided in priority of importance starting with emergencies. (6) Water - connection to existing city water in accordance with existing city policies would be available at the established rates. As new development occurred in the annexed areas, the extension of water would be consistent with city policies. Water service capacity would be provided consistent with the same fashion in the current city limits. Existing developments, businesses or homes on individual water systems would be allowed to remain as such until a request was made for service. (7) Wastewater - sanitary sewer mains would be extended in accordance with the provisions of the City's codes, ordinances and regulations. (8) Operation and Maintenance - the City would assume the operation and maintenance of wastewater City of Denton City Council Minutes February 15, 2011 Page 25 facilities; roads and streets; and any other publicly owned facility, building or service following the effective date of the annexation. After holding the public hearings, the City and property owners must negotiate with area representatives for the provision of services to the area after annexation. The Denton County Commissioners Court would select the representatives to negotiate with the City for the provision of services. The City would not be able to annex those areas appraised for agriculture, wildlife management or timberland uses unless offered a non- annexation agreement and the property owner declined to make the agreement. Council Member Gregory stated that some neighborhoods were on well systems owned by a neighborhood association which distributed water to the area. He questioned if the city would take responsibility of that water system once the area was annexed. Cunningham stated that in that case, the system would be a private system and the city would only be responsible for a public system. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Carold Nunez, 3057 Swisher Road, Denton 76208 - opposed Leo Miller, 3091 Swisher Road, Denton, 76208 - opposed Kenneth Stout, 4608 Mills Road, Denton, 76208 - opposed Wade Willis, 5367 Edwards Road, Denton, 76208 - opposed Judith Grimes, 4268 Swisher Road, Denton, 76208 - opposed Comment cards in opposition were submitted by: C.T. Pat Powell, 1170 N. Mayhill, Denton, 76208 Bryan and Stephanie Hughes, 1080 N. Mayhill, Denton, 76208 Ginger McCormack, 1035 S. Trinity, Denton, 76208 Terry Brockett, 7923 E. McKinney, Denton, 76210 The Mayor closed the public hearing. No action was required by Council on this item at this time. Ordinance No. 2011-028 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Residential 2 (DR- 2) zoning district classification and use designation with an overlay, on approximately 0.51 acres of land located on the south side of Fannin Street and west of Avenue A; providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and an effective date. (Z10-0013, Fannin Street Apartments) The Planning and Zoning Commission recommends approval with an overlay district (6-0). City of Denton City Council Minutes February 15, 2011 Page 26 Council Member Watts left the meeting with a conflict of interest. Mark Cunningham, Director of Planning and Development, stated the proposal was to rezone half an acre of property to the Downtown Residential-2 zoning district to facilitate constriction of multifamily development. He reviewed the current zoning and the zoning around the property. The Planning and Zoning Commission recommended approval as did staff with only residential uses permitted. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Mayor Pro Tem Kamp motioned, Council Member King seconded to adopt the ordinance with the condition noted by the Planning and Zoning Commission. On roll call vote, Council Member King "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Council Member Watts returned to the meeting Ordinance No. 2011-029 C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance 2005-081 to amend the signage plan and sign finishing requirements of the special sign district for Denton Towne Crossing on a site located at 1715 South Loop 288, legally described as Denton Towne Crossing Addition, Block A, Lot 6, in the city of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. (SD 10-0001, Del Taco) The Planning and Zoning Commission recommends approval (6-0). Mark Cunningham, Director of Planning and Development, stated that approval of the proposed ordinance would allow for relocation of a monument sign and change the facade materials from brick to stucco to match the Del Taco stricture. The sign would be relocated to the other side of the building and the material of the sign would match other signs in the area. The request was consistent with the criteria for approval. The Planning and Zoning Commission and staff recommended approval of request. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Gregory motioned, Council Member King seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member City of Denton City Council Minutes February 15, 2011 Page 27 Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2011-030 D. Continue a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, on approximately 0.26 acres of land located on the east side of Bonnie Brae Street and approximately 200 feet south of Emery Street; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z 10-0012, Janke Addition) The Planning and Zoning Commission recommends approval (4-0). Mark Cunningham, Director of Planning and Development, stated that the purpose of the proposal was to facilitate the constriction of a single-story office building. The site currently was developed with a single-family dwelling and the applicant also included vacant property to the south of the site to make one large lot. The Planning and Zoning Commission and staff recommended approval. The Mayor opened the public hearing. Larry Reichhart, representing the applicant, was available for questions. The Mayor closed the public hearing. Council Member Gregory motioned, Council Member King seconded to adopt the ordinance. 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. 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. City of Denton City Council Minutes February 15, 2011 Page 28 Council did not have any items. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Close 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 Close Meeting Items. With no further business, the meeting was adjourned at 9:15 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS