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May 3, 2011 MinutesCITY OF DENTON CITY COUNCIL MINUTES May 3, 2011 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 3, 2011 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: Council Member King. 1. Citizen Comments on Consent Agenda Items Mayor Burroughs noted that a Speaker Card had been received from Bob Clifton. Mr. Clifton indicated that he had several items to discuss. Item A was a large amount of money for an equipment storage building. Items C, D, E and F were all give aways for the Downtown. He noted that there was no name or address for Item G relating to the noise exception. Item J was also a give away to DCTA. He began discussing Item K concerning the delinquent tax collection contract. Mayor Burroughs left the meeting during the discussion of Item K. Clifton continued that he felt there were many problems with the contract for the City of Denton. Mayor Burroughs returned to the meeting. 2. Requests for clarification of agenda items listed on the agenda for May 3, 2011. Mayor Burroughs indicated that Consent Agenda Item 4G would be pulled from consideration due to no location mentioned in the caption. Council Member Gregory stated that he did not see a recommendation from the Parks Board for Item 4B. Emerson Vorel, Director of Parks and Recreation, stated that staff did not take contracts such as that to the Parks Board. Mayor Burroughs noted that Consent Agenda Item 4K would be pulled for separate consideration as he could not vote on that item. Council Member Watts asked about the increase in the contract amount for the tennis contract. Vorel stated that it had been a very successful year and that the contract was based on revenue which was up 25% from last year. Council Member Watts asked about expenses versus revenue. City Manager Campbell stated that it was not a one for one ratio. Council Member Watts asked for a report on expenses versus revenue. City of Denton City Council Minutes May 3, 2011 Page 2 Council Member Heggins asked why the Economic Development Board did not speak to Consent Agenda Item 4F. Mayor Burroughs stated that no one was willing to make a motion so it went silent forwarded without a recommendation. The non-council members on the Board did not feel comfortable making a motion. Council Member Gregory stated that the Board was in the midst of a discussion about different proposals and that the discussion started on a bigger picture on how to use the money in the future. That discussion took attention away from the discussion on the particular proposal. 3. Receive a report, hold a discussion, and give staff direction regarding proposed amendments to Sections 35.13.7.C, 35.20.2.A.3.c, 35.203.B, 35.203I.B.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 the proposed Code amendment was presented to Council on April 5th. Council directed staff at that time to reconsider not allowing a variance from the minimum one acre lot area requirement and to review the '/2 mile distance requirement associated with a public elementary and secondary school. Council also directed staff to review the potential of adding additional street pavement to the rural/suburban street cross section to allow pedestrians and bicyclists to utilize the street along-side vehicles. Council Member King joined the meeting. Cunningham stated that the provision regarding the '/2 mile distance from the school had been deleted from the proposal as well as the provision regarding not allowing for a variance. However, the minimum lot area of one acre and the restriction that none of the lots could have access from a street that served more than 200 total vehicle trips per day remained in the proposal. Council Member Watts questioned the condition that indicated none of the lots front on a street with more than 200 total vehicle trips per day in terms of a corner lot. Cunningham stated that a corner lot would have access from a lesser classification of the street which would not be fronting on a major thoroughfare. He continued that staff had analyzed the addition of a 4' bike lane, comparing the cost of sidewalks versus a bike lane. He stated that a five foot sidewalk would cost approximately $37,000 while a four foot bike lane would cost approximately $44,000. The addition of a bike lane would add to the convenience and service level of the roadway. However, it was more costly. PS Arora, DRC Engineering Administrator, stated that there would be enough right-of-way for a bike lane because there would be no sidewalks in the area. Mayor Burroughs stated that such a rural lane would probably be a cul-de-sac which would not be getting enough benefit from a cost standpoint. City of Denton City Council Minutes May 3, 2011 Page 3 Council Member Gregory stated that 200 trips per day was not worth the cost of the requirement for the bike lanes. Council Member King agreed with no bike lanes. 4. Receive a report, hold a discussion, and give staff direction concerning the creation of a new Division 3 to Chapter 26, Article III of the Denton Code of Ordinances, regulating the use and interconnection of Wind Energy Conservation Systems (WECS) and concerning proposed amendments to Subchapter 35.5 of the Denton Development Code regarding use restrictions for both Free-standing Monopole Support Stricture and Building-mounted WECS. The Public Utilities Board recommends approval of Chapter 26 elements of the draft WECS ordinance (4-0). The Planning and Zoning Commission recommends approval of the proposed amendments to Subchapter 35.5 of the Denton Development Code (7-0). (DCA10-0010) Ken Banks, Director of Environmental Services and Sustainability, stated that this presentation dealt with wind energy conversion systems. The proposed WECS ordinance would define the terms specific to WECS and outlined general regulations. Key elements for zoning limitations - Free standing and building mounted devices would be allowed by right in NR-1, RD-5 and RC land use categories with building mounted devices allowed in IC-G land use categories. All other land use categories required a specific use permit for either free standing or building mounted devices. L41 lots where the proposed WECS would be located would have a minimum lot area of 2 acres with one WECS permitted by right. L42 lots with building mounted WECS could not extend higher than 10 feet above where the WECS was mounted on the building. The height was measured from the base of the WECS where it was mounted on the building to the highest point of the WECS. Height requirements were based on zoning categories (maximum height plus 10 feet for all zoning categories except for those with 40 foot maximum height which would be the maximum height plus 15 feet). Council Member Engelbrecht asked about a specific use permit request with a unique design that did not meet code. Banks stated that if the device exceeded the height in a by-right situation, a request for a variance would be presented to the Zoning Board of Adjustment. Mayor Burroughs noted that if there were a lot of strictures on a roof, a device might have to be placed higher than a stricture on the building but the variance process could make it work. Banks stated correct that site characteristics might have an effect how the devices were installed. Other key components included (1) must comply with DME's interconnect provisions or demonstrate the system was not interconnected, (2) proof of an interconnect agreement with another service provider if not a DME customer would be required, (3) a WECS permit would be required from the Building Official, along with appropriate fees, (4) location and setback requirements regarding easements, property lines, overhead utility lines, trees or other strictures (5) height and setback requirements, (6) sound pressure level requirements, (7) lighting City of Denton City Council Minutes May 3, 2011 Page 4 restrictions, (8) aesthetics, including color, signage, blade glint/flicker and design, (9) safety issues, (10) environmentally sensitive areas regulations, (11) maintenance requirements and (12) removal requirements/abandonment provisions. Of the cities that did have a WECS ordinance, many only allowed WECS through specific use permits but some were allowed by right under certain zoning restrictions. The Public Utilities Board and the Planning and Zoning Commission had approved the proposed ordinance. Staff was requesting direction on whether to bring the ordinance forward as it was or with modifications. Council Member Engelbrecht asked about setback requirements and the blade arch sphere from trees, for example. Banks stated that in cases where height was discussed, a rotor type device height would be the top of pole. With a turbine, the blades would have height above the device and would be measured at the tip of blade at its apex. Council Member Watts asked about the environmental impact to birds in residential areas. Banks stated that the proposal did not directly address that issue but tried to address it with setbacks from trees, etc. Council Member Watts asked about the PUB minutes and the difference in the motions. Banks stated that there were two parts to the completion of the proposal. One dealt with Chapter 26 which was the Utilities Code and one with Subchapter 5 of the Development Code. The PUB discussion was on the devices and which land uses were appropriate for them. The PUB did not render decisions on the Development Code. That was done by the Planning and Zoning Commission. Council Member Heggins asked about electronic interference with the devices. Banks stated that the owner of the device would have to install all means to ensure no interference with electronic devices. Council Member Engelbrecht asked about Denton's wind rating. Banks stated that Denton was an average of a 2 which was marginal. However, if a device were placed on the top of a hill, more benefits would be realized. Mayor Burroughs asked if a device installed before the enactment of an ordinance would be grandfathered. He asked if there any devices currently in the city limits and if a permit was currently required. Ron Menguita, Planning Supervisor, stated that staff did a survey and that there were some outside the city limits. One application had been received. City of Denton City Council Minutes May 3, 2011 Page 5 Mayor Burroughs requested staff to see if there were any preexisting devices and give the owners a heads up that they needed to keep documentation that it was in existence before the ordinance was passed. Consensus of the Council was to follow Option 1. Council convened in a Closed Meeting to consider the following: 1. Closed Meeting: A. Deliberations regarding consultation with the City 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 on matters in which the duty of the attorney to the governmental body 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 granting economic development incentives to Peerless Manufacturing Company with respect to development of a manufacturing facility. This discussion shall include commercial and financial information the City Council has received from Peerless Manufacturing Company 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; including the offer of financial or other incentives. 2. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body 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 the terms and conditions of an existing economic development incentive for Jostens, Inc. This discussion shall include commercial and financial information the City Council has received from Jostens, Inc. B. Consultation with Attorneys -Under Texas Government Code Section 551.071. 1. Receive a report and hold a discussion regarding legal issues on matters involving Cause No. 2011-50255-367 in the 367th Judicial District Court and provide direction to the city's attorneys regarding same. 2. Consult with City's attorneys regarding pending or potential litigation concerning or relating to code enforcement actions at 2043 Scripture Street, Denton, Texas, and legal matters and actions related thereto. City of Denton City Council Minutes May 3, 2011 Page 6 Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. National Day of Prayer Proclamation Mayor Burroughs presented the proclamation for the National Day of Prayer. 2. Motorcycle Safety and Awareness Month Mayor Burroughs presented the proclamation for Motorcycle Safety and Awareness Month. 3. Drinking Water Week in Denton Mayor Burroughs presented the proclamation for Drinking Water Week in Denton. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1). Dan Adams regarding Ordinance 2010-292. Mr. Adams spoke regarding Ordinance 2010-292, the late fee provision and the right of DME to enter homes without permission. He and his wife had been a long customer of DME. He was having problems paying his bill and was not in favor of the additional late fee. 2). Zorobabel Gomez, Jr. regarding Ordinance 2010-292. Mr. Gomez spoke regarding Ordinance 2010-292. He was against the late fee and the "at any reasonable time" to enter people's homes regarding electric metering. Citizens should vote regarding the ordinance or look for other options such as deregulation. City of Denton City Council Minutes May 3, 2011 Page 7 3). Mike Sutton regarding Ordinance 2010-292. Mr. Sutton spoke regarding Ordinance 2010-292 and the petition. At the November 16th Council meeting, Council spent 45 minutes on the meeting and did not take a long time considering the ordinance. He felt Council did not spend enough time considering the agenda and a mistake was made concerning the petition. 4. CONSENT AGENDA Mayor Burroughs stated that Item G would be pulled and not considered. Items H and K would be considered individually. Council Member Gregory motioned, Council Member Heggins seconded to approve the Consent Agenda with the exception of Items G, H and K. Items H and K would be considered separately. 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. 2011-067 A. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the constriction of a Landscape Equipment Storage Building and Area at the Denton Municipal Airport; providing for the expenditure of funds therefor; and providing an effective date (Bid 4588-awarded to the lowest responsible bidder meeting specification, Caliber Constriction, Inc., in the amount of $327,140). The Airport Advisory Board recommends approval (4-0). Ordinance No. 2011-068 B. Consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to a contract dated December 15, 2010 between the City of Denton and Michael Christopher Brown and David Wayne Gray DBA Gray Events Management, LLC for administration of events and programs at the Goldfield Tennis Center; and providing an effective date (R-FP 4262-awarded to Gray Events Management, LLC in the amount of $142,000). Ordinance No. 2011-069 C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Suda Bhagwat from the Downtown Incentive Grant Program not to exceed $7,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (5-0.) Ordinance No. 2011-070 D. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Becky and Vince King from the Downtown Incentive Grant Program not to exceed $15,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (5-0). City of Denton City Council Minutes May 3, 2011 Page 8 Ordinance No. 2011-071 E. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Samuel Solomon from the Downtown Incentive Grant Program not to exceed $7,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (5-0). Ordinance No. 2011-072 F. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Vibe Investments, LLC, from the Downtown Incentive Grant Program not to exceed $6,500; and providing for an effective date. No recommendation by the Economic Development Partnership Board. This item was pulled from consideration. G. Consider a request for an exception to the Noise Ordinance for the level of decibels and the hours of operation for the purpose of a fundraiser with live music on Saturday, May 21, 2011. The fundraiser will benefit the start-up of an independent publication. The exception is requested for extension of the hours of operation for amplified sound from 10:00 p.m. to midnight and for the level of decibels to be increased from 70 decibels to 80 decibels. Due to residential property located east of the event location, staff recommends allowing amplified sound until midnight with sound levels not to exceed 70 decibels. The request listed below was approved. L Consider a request for an exception to the noise ordinance for amplified sound on each Sunday in the month of July for the purpose of the Apollo Nights events. The events are scheduled for the following Sundays: July 3, July 10, July 17, and July 24, 2011, from 5:00 p.m. until 10:00 p.m. On July 31, 2011, the event would be from 5:00 p.m. to 11:00 p.m. The request also includes Monday, July 4, 2011, a holiday, from 5:00 p.m. until 10:00 p.m. The events will be held in Fred Moore Park. There is no request for an increase in the level of decibels. Staff recommends approval of the request for amplified sound on each Sunday in the month of July, as well as the 4th of July holiday. Ordinance No. 2011-073 J. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Right of Entry and Possession between the City of Denton, Texas and the Denton County Transportation Authority (DCTA) granting DCTA access to the Downtown Denton Transit Center (DDTC) and certain lands surrounding the DDTC located in the Hiram Sisco Survey, Abstract Number 1184, to conduct public transportation operations; and providing an effective date. Item H was considered. This item was denied. H. Consider a request for an exception to the Noise Ordinance for the level of decibels for the purpose of live music during an art show on Friday, May 13, 2011, from 3:00 p.m. to 10:00 p.m. at 2324 Bolivar Street. The event will provide an opportunity for local artists to show their art work and network with other artists. The exception is requested for an increase in City of Denton City Council Minutes May 3, 2011 Page 9 the level of decibels from 70 decibels to 74 decibels. Staff recommends denial of the request. The applicant's location is in the middle of a residential neighborhood. Council has also consistently allowed only 70 decibels for the North Texas State Fair and Rodeo, which is located several blocks west of the applicant's location. City Manager Campbell stated that Item H was removed for separate consideration so that it was clear that staff was recommending denial of the request. Council Member Gregory motioned, Council Member Engelbrecht seconded to deny consent Agenda 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 for denial of the request. Item K was considered. Mayor Burroughs left the meeting with a conflict of interest. Ordinance No. 2011-074 K. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a first one-year extension to the professional services agreement with Sawko & Burroughs, LLP, for professional services related to collection of delinquent taxes on behalf of the City of Denton; and establishing an effective date. Council Member Gregory motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Pro Tem Kamp "aye". Council Member Watts "nay". Motion carried with a 5-1 vote. Mayor Burroughs returned to the meeting. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider nominations/appointments to the City's Economic Development Partnership Board. Mayor Pro Tem Kamp stated that the nominating committee was recommending the following nominations: all current members continue which included Virgil Strange, Marty Rivers, Denny Aldridge, Caleb O'Rear, Mark Burroughs, and Dalton Gregory. The nomination for the new at- large position with airport experience was Cleve T. Breedlove. Mayor Pro Tem Kamp motioned, Council Member King seconded to approve the nominations. 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. City of Denton City Council Minutes May 3, 2011 Page 10 Ordinance No. 2011-075 B. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the constriction of the Lake Lewisville Water Treatment Plant Upgrade Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4665- awarded to the lowest responsible bidder meeting specification, BAR Constrictors, Inc. in the amount of $32,142,000). The Public Utilities Board recommends approval (6-0). Tim Fisher, Assistant Director for Water Utilities, presented background information on the proposal. The bid was for the rehabilitation of the Lake Lewisville Water Treatment Plant. The scope of work included modifications to the existing Raw Water Pump Station, Flocculation Basins, Sedimentation Basins, Filters and Filtered Water pipeline as well as constriction of a new Settled Water Ozone Facility. The project was started in 2006 with a preliminary design study. A total of six bids were received with a very tight bid spread with five low bidders only having a 1.8% spread. Options to consider were (1) award the bid to BAR Constrictors as the qualified low bidder for the base bid with inclusion of the $580,000 Constriction Contingency Allowance plus Alternatives A, B, C, D, E, G and H; (2) award the bid to BAR Constrictors for the base bid with inclusion of the $580,000 Constriction Contingency Allowance with none of the alternatives; (3) award the project to BAR Constrictors for the base bid only, (4) award the bid to BAR Constrictors with alternatives different from the recommendations by staff and Malcolm Pirnie or; (5) reject all bids and release the project for bids again. The staff recommendation was to award the contract to BAR Constrictors for the base bid with the inclusion of the Constriction Contingency Allowance and the recommended bid alternates of A, B, C, D, E, G and H. Council Member Gregory noted that Alternate F was not being recommended. He questioned when that item would need to be replaced and if done at a separate time, would it change the cost of that item. Fisher stated that the best price would be to install it now but that the budget would not allow the change at this point in time. Council Member Gregory stated that page 5 of the Agenda Information Sheet indicated a one- time rate increase of 1% and questioned when that would go into effect. Fisher stated that the 8.5% over budget represented the 1% rate increase which would be incorporated into 2011-2012 budget. The bid alternates were structured as a hierarchy and not as a selection. As someone went through the hierarchy it did not change the bid from the contractor. Council Member Watts stated that Option F was omitted because of the sensitivity of the budget for the project. Fisher replied correct. Council Member Watts stated that Option F was designed to be included but was left out due to cost. If that was something that was needed, how badly was it needed and what would be the cost difference if it was done in 10 years. City of Denton City Council Minutes May 3, 2011 Page 11 Fisher stated that it would never be done cheaper than now due to the design of system, etc. Council Member Watts asked if it needed to be done now. Fisher replied that the economic realities were that the plant could operate without it. Council Member King motioned, Council Member Engelbrecht 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. The Council considered Item 6A. 6. PUBLIC HEARINGS Ordinance No. 2011-076 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Peerless Manufacturing Reinvestment Zone X for commercial/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. Linda Ratliff, Economic Development Director, stated that she would be presenting information concerning Item 6A and 5C. Item 5C proposed a tax abatement with Peerless Manufacturing and that businesses that receive tax abatements must be located within a reinvestment zone. A public hearing must be held to establish a reinvestment zone which was a designated area where economic development was encouraged. The proposed ordinance would establish Reinvestment Zone X. Peerless Manufacturing designed, engineered and manufactured highly specialized filtration and separation equipment, industrial silencers, heat exchangers and air pollution reduction systems to energy industry customers involved in gas and oil production. The company currently had a location on Duncan Street and also in other cities. Peerless was interested in expanding its facility either in Denton or Wichita Falls. The Denton site would require Peerless to extend Dakota Lane from the Corbin Business Park to Airport Road. The valuation of the proposed project was estimated at $16 million. The Economic Development Partnership Board recommended a 40% tax abatement for 5 years which represented a total estimated incentive of $161,000. The City would receive approximately $300,000 in property tax revenues. There were several changes to the document Council had received in their agenda packet. Page 2, Section A had wording added to clarify the "increase of assessed value by the Denton Central Appraisal District". On page 2, Section B referenced an additional section in error and Page 4 added wording to state "employees located at improvements to be considered". Council Member Watts asked if other cities were being considered. City of Denton City Council Minutes May 3, 2011 Page 12 Ratliff replied that Wichita Falls was also being considered. The decision was whether to expand here or move there. Council Member Watts stated that if Peerless went to Wichita Falls, the plant in Denton would be closed. Ratliff stated yes that there was a need to add a new production line either in Denton or Wichita Falls. The Mayor opened the public hearing. Bob Clifton, 1800 Morse, Denton, 76205, spoke against the proposal. The Mayor closed the public hearing. Mayor Pro Tem Kamp motioned, Council Member King 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. Council returned to Item 5C. C. Consider adoption of an ordinance authorizing the Mayor to execute a Tax Abatement Agreement with PMFG, Inc., a Delaware Corporation; setting forth all the required terms of the Tax Abatement Agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions precedent to PMFG, Inc. receiving the Tax Abatement; providing for a severability clause; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0). Council Member Gregory motioned, Council Member Watts seconded to adopt the ordinance with the amendments as presented by staff. Mayor Burroughs stated that there were a number of requirements in the agreement relative to the conditions to receive the abatement. Those included number of employees, average wage of those employees, increased assessed values, etc. If those conditions were not met, the abatement would be decreased proportionally. There were defined terms and defined limits for the agreement. Council Member Watts proposed a friendly amendment to the motion that would clarify the $5 million over the assessed value throughout the agreement. Council Member Gregory agreed with that friendly amendment to the motion. 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. City of Denton City Council Minutes May 3, 2011 Page 13 6. PUBLIC HEARINGS B. Hold a public hearing inviting citizens to comment on the City of Denton's 2011 Action Plan for Housing and Community Development. Barbara Ross, Community Development Manager, stated that this public hearing was an opportunity for citizens to comment on the proposed 2011 Action Plan. The allocation amounts for the plan were based on staff estimates; however the actual allocation amounts would be provided by the Department of Housing and Urban Development. Proposed activities may need to be revised if funding amounts varied from the staff estimates. Mayor Burroughs questioned how the additional cutting of the budgets would be implemented, through a percentage reduction for each allocation or the removal of projects. Ross stated that the Human Services Advisory Committee initially chose not to make across the board cuts but looked at the organizations. Additional reductions could be done by either method based on the final allocations. 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 for this item. 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1). Nell Yeldell regarding water and soil contamination. Ms. Yeldell was not present at the meeting. 2). Bob Clifton regarding initiative/referendum. Mr. Clifton spoke regarding initiatives and referendums. He felt that a referendum could always be an initiative but not the other way around. He presented information concerning wording on the petition and felt that the petition was in compliance. He did not think the Charter was followed properly when verifying the petition. 3). Hatice Salih regarding the realities and repercussions of Ordinance No. 2010- 292. City of Denton City Council Minutes May 3, 2011 Page 14 Ms. Salih felt that there was a complete lack of citizen input regarding Ordinance No. 2010-292. There was no positive or respective response to citizens since Joe Mulroy left the Council. She felt Council needed to listen to citizens as Council did not represent the citizens and questioned what Council was going to do with the kinks in the system. 4). Eric Mach regarding Ordinance 2010-292 and corruption. Mr. Mach was not present at the meeting. 5). Cathy McMullen regarding gas well drilling ordinances. Ms. McMullen requested a moratorium on gas well drilling in Denton. The City had not applied the higher fees in Phase I yet and was still studying the fees. She reviewed the amount of money spent on consultants for the gas well drilling and questioned why so much money had to be paid to a consultant to tell Council that the fees were acceptable. She had spent much time researching other ordinances from other cities at her own expense and had given all of this information to staff and Council but it was not followed through. She asked for protection from gas well drilling in Denton with a moratorium until the fee stricture was in place and the ordinances were working. 6). Cameron Cox regarding appreciation to Council and staff for support of Children's Advocacy Center for Denton County. Mr. Cox expressed his appreciation and thanked Council for their support of the Children's Advocacy Center for Denton County. He presented background information on the Center, the growth of the Center and the increased good it was doing in Denton County. 7). Robert Donnelly regarding the Mayhill Road expansion project. Robert Donnelly stated that he was affected most by the Mayhill Road expansion project. It seemed that there was only one route which was considered. He remembered that a few years ago another study was done regarding the existing route and that there was another route proposed by the current Mobility Plan. Those routes were also not considered by the current proposal. He noted that the City's website had not been updated on the proposal since December of last year. He was still seeking answers to his questions. 8). Carolyn Phillips regarding lack of customer service and the petition. Ms. Phillips was not present at the meeting. 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 City of Denton City Council Minutes May 3, 2011 Page 15 Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Watts asked that staff look at the intersection of Woodrow and Shady Oaks and the traffic flow at that intersection. Council Member Watts asked staff to investigate Mr. Donnelly's observation on the website and answers to his questions. Council Member Watts asked for a report on the customer service ordinance in terms of how it was working, extra deposits being charged, impact on utility bills, etc. Council Member Watts asked for another update on the process involved in the petition so as to help the public understand the process. City Manager Campbell stated that he and the City Attorney had a meeting scheduled with the members of the petition committee to go through the issues that were presented the last time Ms. Phillips was at Council. When they completed that meeting, they would make a report to Council. Council Member Gregory asked for utility deposits data concerning how many people faced increases in deposits and the amount and include what the new system had done in terms of people paying accounts on time. Council Member Gregory asked that during budget discussions for next year the Children's Advocacy Center have a place holder for discussion on funding. Council Member King asked staff to check the configuration of the intersection of Lillian Miller and Teasley Lane. Mayor Burroughs asked for a report about the timing of the implementation of the fee stricture for Phase I on gas well fees to include the reasoning why they had not been not implemented and how many permits had come forward since the date they were instituted. Council Member Watts requested a placeholder for the Downtown Incentive Grant during budget discussion to revisit the $50,000 allocation. City of Denton City Council Minutes May 3, 2011 Page 16 Council Member Gregory stated that the gas well ordinance should be ready when the Legislature was done with their session for a committee with citizens and technical advisors for Phase II of the ordinance. Council Member Engelbrecht also asked for consideration of funding for the Children's Advocacy Center. Council Member Engelbrecht asked for a report regarding the Traffic Safety Commission and when that Commission was planning to meet. Mayor Burroughs asked staff to explore possible public service announcements regarding the customer service ordinance and basic issues on the ordinance in order to get out correct facts on the ordinance. 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 8:45 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS