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December 18, 2012 Minutes CITY OF DENTON CITY COUNCIL MINUTES December 18, 2012 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 18, 2012 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden ABSENT: Council Member Watts 1. Citizen Comments on Consent Agenda Items There were no citizen comments for this agenda. 2. Requests for clarification of agenda items listed on the agenda for December 18, 2012. Mayor Burroughs noted that there were three citizen reports of a non-repetitive nature listed at the end of the meeting and if there were no objections from Council, he would like to move them forward to the beginning of the meeting. Council had no objections to moving those citizen reports. Council Member Roden asked about Consent Agenda Item H dealing with wayfinding signs. He asked if one of the concepts presented at an earlier meeting was moved forward or was a new design being suggested. Ron Menguita, Planning Supervisor, stated that the exhibits were the modified themes put together by staff and that the consultants would go over those and make recommendations for Council consideration. The second exhibit was the consultant’s methodology which indicated that they were on Stage 3 and 4 of the time line. Council Member Roden asked what exactly would be included for wayfinding. Menguita stated that the consultant would develop a list of recommended places for locations. Council Member Engelbrecht asked when that would come back to Council as he would like to look at it before it got too far into the design phase. Menguita stated that the first draft would be provided to staff and the second draft to Council with the final draft reviewed before the end product was confirmed. Council Member Gregory suggested considering having the group work with the Public Art Committee to help identify places as a way to combine wayfinding and places with public art. City Manager Campbell stated that there was a substitute ordinance for Item E on the Consent Agenda. The Council would need to reference the corrected ordinance when considering the Consent Agenda. City of Denton City Council Minutes December 18, 2012 Page2 Council Member Engelbrecht stated that he did not understand the staff report for Consent Agenda Item A with regard to the numbers of leases for Wells Fargo and Denton County. Julie Glover, Economic Development Program Administrator, stated that there were 58 spaces leased to Wells Fargo and 27 to the County. Mayor Burroughs asked about a city sponsored event and whether a fee would be charged for those types of events in terms of parking. Glover stated that Council could waive that fee if it desired. Mayor Burroughs felt that if it were a city sponsored event, the fee should be waived. City Manager Campbell stated that the City might be a sponsor by some kind of contribution. The matter of degree and manner of sponsorship should be considered and done on a case by case basis. Mayor Burroughs asked about Consent Agenda Item 4D and why the City was entering in a purchasing agreement with Farmers Branch and not using Denton’s local preference to award the contract. Elton Brock, Purchasing Manager, stated that the contract with Farmers Branch would allow for a specialized service. There were no local vendors for the service needed. Council Member Engelbrecht questioned if Consent Agenda Item T had a cost to the City. Frank Payne, City Engineer, stated that the State needed permission to install and operate the lighting system. There would be no cost to the City as the State would install and maintain the system. Council Member Engelbrecht asked about Consent Agenda Item U concerning the branding marketing proposal for the Airport and whether another report had been provided other than the one done some time ago. Quentin Hix stated that there had not been another report since the one done on December 3rd. Council Member Engelbrecht questioned that while there were a number of businesses on the Task Force, was the proposal vetted through the rest of the businesses at the Airport. Hix stated that an email notice was sent to the businesses at the Airport. Staff had received seven responses, some liking the proposal and some not liking the name change. Council Member Engelbrecht asked where the “enterprise” notion came from. Hix stated that the Task Force considered a number of different options for names and had determined that the brand was the aviation business and the target market was aviation business. City of Denton City Council Minutes December 18, 2012 Page3 They wanted a name that represented a free enterprise business and thus “enterprise” was selected. Council Member Gregory stated that the Branding Task Force included 2 airport businesses which were involved in the discussion. Hix stated that it also included two non-airport businesses. Council Member Gregory questioned which group approved the item. Hix stated that it went before the Economic Development Partnership Board as they were responsible for marketing. The proposal had been discussed with the Airport Advisory Board which was in favor 6-1 for the proposed name. 3. Receive a report, hold a discussion and give staff direction regarding the 2013 State Legislative Program of the City of Denton for the 83rd Texas Legislature, including key legislative issues and strategies. Lindsey Baker, Assistant to the City Manager, presented an update on the changes to the program which Council had requested at their last meeting. The first dealt with land use resources and vested rights. The added position would support legislation that would allow cities to enact ordinances regulating development, including but not limited to issues related to Chapter 245 Local Government Code. The second issue added would oppose State pre-emption of municipal authority in the regulation of payday lenders, unless proposed legislation provided adequate protections from aggressive and harmful lending practices. Baker noted that there was a resolution for Council consideration on the evening agenda. 4. Receive a report, hold a discussion, and give staff direction regarding amendments to the City of Denton smoking ordinance (86-069 as amended by 93-193) and revisions to the draft ordinance as originally recommended by the Ad-hoc Citizens Advisory Committee on Smoking Regulations. Lindsey Baker, Assistant to the City Manager, stated that staff had received a lot of public input since the last work session with 45 phone calls all in favor of a smoking ban and 80 emails over the past week most of which were in favor. Twenty emails were in opposition. The revisions to the draft ordinance included: Added a definition of Billiard Halls: a place of amusement whose chief purpose was providing the use of billiard/pool tables to the public. Amended the definition of Open-Aired Outdoor Patio at Restaurants & Bars to clarify permissible enclosures and structures. The definition was a patio that had no fencing surrounding the seating area of the patio, except for open-aired construction (such as wrought iron, slats, or lattice work), or fencing which would allow for more that 50% light and air City of Denton City Council Minutes December 18, 2012 Page4 penetration, or fences which did not exceed four feet in height. Walls contiguous to the primary business were not deemed fencing within this definition. Ceilings of solid or open- aired construction (such as slats, or lattice work) were permitted notwithstanding the requirement of 50% light and air penetration. Council Member Roden suggested removing the 50% light and air penetration from the walls if they were within height restriction. City Attorney Burgess stated that the definition had “either/or” provisions which allowed several opportunities to conform with the definition. Staff had written out the provision regarding the walls that were part of the primary business. Council Member King asked about a patio with lattice walls at end. Burgess stated that smoking would be allowed in that facility. Provided two options regarding the discussion of smoking in bars, including language that addressed the statutory prohibition of allowing entry to persons under the age of 18 into an establishment with a cigarette vending machine. Option One would ban smoking across the board in bars. Option Two would permit smoking in a bar that did not allow admittance or employed persons under the age of 18 or which was permitted to sell tobacco products pursuant to V. T. C. A., Health and Safety Code Section 161.086. Council Member Roden questioned if Option Two would allow an establishment to go back and forth at anytime with smoking or non-smoking provisions. Baker stated that wording could be added to the ordinance for that provision. Council Member Roden asked if an establishment would have to declare it was smoking or non smoking or could it have some flexibility. City Attorney Burgess stated that Section 4B worked around that. Council Member Roden stated that there were certain requirements on an owner such as removal of ashtrays, signage and if the establishment was changing back and forth, there might be confusion on what provisions were in effect. Council Member Gregory stated that he leaned towards Option 1 and questioned if Council could procedurally decide that here or did it have to be done later in the agenda. Burgess stated that she was comfortable with Council providing direction to staff and that the ordinance would be written as Council directed. Council Member King stated that some of the bars did not have cigarette machines but sold them behind the bar but those fell into 18 and older. The bar owners he had talked with wanted a decision now rather than going back and forth. City of Denton City Council Minutes December 18, 2012 Page5 Council Member Engelbrecht felt that an option of switching back and forth would be confusing with signage and lots of confusion on the day of the event. He questioned what the procedure was for declaring whether smoking or not smoking. Mayor Pro Tem Kamp stated that establishments were doing that now. Council Member Roden stated he was in favor of a ban across the board but also to find a way to give temporary smoking permission in some instances. Mayor Burroughs suggested putting a deferred period to implement such as four months after passage. Burgess stated that the effective date could be whatever Council wanted. The easiest way to do that would be to delay the effective date of the ordinance. Council Member Roden stated that he was concerned about current business owners and felt that there needed to be a provision that would allow for a period of time to comply. Council Member King stated that he was in favor of Option Two. Council Member Engelbrecht felt that if the first part of Option Two were removed, the only course of action for a bar would be to install a cigarette machine. He was in favor having both parts of the option included. Mayor Pro Tem Kamp asked if the definition of cigar bar would exempt them from the ordinance. Council Member King questioned if an establishment had a smoking room that was adequately ventilated for a cigar bar. Council Member Gregory stated that he had been supportive from the start for a smoke free workplace and a goal to make as many workplaces as smoke free as possible. He would prefer Option One but if Council wanted Option Two keep it as it was instead of making compromises on it. Council Member Roden felt that without defining there would be a number of establishments that would switch back and forth between smoking and nonsmoking. He felt Option Two was a meaningless option. Mayor Burroughs noted that the definition of cigar bar included the sale of alcoholic beverages. Council Member Gregory stated that if that was added, every bar in town could sell cigars and get around the provision of no smoking. Mayor Burroughs stated that if a cigar bar wanted the exception there needed to be exterior signage or notice that this was a smoking establishment. His opinion was to have a comprehensive ban and then opt into allowing for smoking with signage, regulations, etc. City of Denton City Council Minutes December 18, 2012 Page6 Baker stated that the committee did not want to discuss that option and it was not voted on. Council Member King stated that many of these establishments would opt to be non smoking and many places had separate areas for cigars. There were many assumptions being made regarding these regulations. He was in favor of making some exceptions and rules so the business could function normally and provide a way for people to opt out. Council Member Engelbrecht stated that he was more comfortable with Option 2. Mayor Burroughs suggested Option Two with an effective date 120 days and modification of cigar bar which served alcoholic beverages. Council Member Gregory stated that he was not comfortable with the definition of cigar bar. Council discussed the definition of cigar bar and what the establishment was primarily used for. Transportation facilities - removed the term “enclosed” which would make smoking not permitted at public transit bus stops and train platforms. A provision was also added that smoking would not be permitted within 30 feet of facilities in support of public transportation such as ticket, boarding, shelter and waiting areas. Enforcement – business owners were not liable for patrons smoking in their establishment. Options were presented from Arlington, Frisco, and Myra Crownover. City Attorney Burgess stated that the ordinance currently placed the burden on the individual smoker along with the penalty on that person. The issue was whether it had enough enforcement against the owner of the business. She questioned against whom the ordinance would be enforced. Council Member Gregory stated that the business owners should not be held responsible for the misbehavior of their patrons. If a business allowed smoking in violation of the ordinance, then it should be revisited. Mayor Burroughs stated that a violation of the ordinance could be that the owner did not enforce the non-smoking provision. He felt the provisions should remain as they currently were written. Mayor Burroughs asked if a home based business was discussed. Baker stated that it was discussed in terms of a health or childcare facility. Mayor Burroughs questioned a situation of a business in a private home with a limitation on a number of employees and whether it would be exempt or not. Baker stated that it would not be exempt. Mayor Burroughs stated it would be hard to say that an accountant with one employee in his own home could not smoke. He felt that was beyond the scope of the proposal. City of Denton City Council Minutes December 18, 2012 Page7 Council Member Engelbrecht questioned when a place was a business and when it was a private residence. Council Member Roden stated that the ordinance provided exceptions to cover that. Mayor Burroughs questioned if a business was owned and operated by a single person such as a one person law firm with an office, would smoking be permitted in that office. Baker stated that it would be prohibited. Mayor Burroughs questioned that it would be prohibited even if there were no employees. Council Member Roden questioned the distance outside an establishment for smoking. He was concerned with the Square area where the attempt was to invite families to walk in certain sections. He questioned if Council was able to create districts by which there could be entrance distance requirements that would not apply to other areas of the City. City Attorney Burgess stated that the provisions should apply equally in the same categories of regulated businesses. She questioned how a business around the Square would be different from Rayzor Ranch and how to articulate the basis for those differences. Council Member Gregory stated that it would be a minimal situation of being in the smoke. Following the completion of the Work Session the Council convened in a Closed Session. 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with the City's attorneys regarding the present status of pending litigation styled: The City of Denton, Texas v. The University of North Texas, Cause No. 2008-20043-158, now pending before the 158th Judicial District Court of Denton County, Texas, having been remanded to the trial court by the Fort Worth Court of Appeals for further proceedings; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. 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. 2. Consult with the City's attorneys regarding Transmission Cost of Service (TCOS) filings of the City with the Public Utilities Commission of Texas; and the status of pending litigation styled: Linda Marie Casias Roth, et al, v City of Denton, Texas, Cause No. 2012-60839-393, currently pending in the 393rd Judicial District Court of Denton County, Texas; where a public discussion of these legal matters 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 December 18, 2012 Page8 3. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Phase I and proposed Phase II Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, moratorium on drilling and production and claims associated therewith, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance. B.Consultation with Attorneys -Under Texas Government Code Section 551.071; and Deliberations regarding Real Property - Under Texas Government Code, Section 551.072. 1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2100 block of South Bonnie Brae Street), within the City of Denton, Texas. Consultation with the City's attorney's regarding legal issues associated with the acquisition or condemnation of tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. This item was not considered in Closed Session. 2.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located (1) in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas (located generally in the 1100 block of South Mayhill Road, and (2) in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas (located generally in the 1200 block of South Mayhill Road, all within the City of Denton, Texas. Consultation with the City's attorney's regarding legal issues associated with the acquisition or condemnation of tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. C.Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. City of Denton City Council Minutes December 18, 2012 Page9 1. Receive a report and a presentation from Denton Municipal Electric staff regarding certain public power competitive and financial matters regarding Request for Proposals No. 4859 issued by the City soliciting proposals for solar-generated energy facilities for the City of Denton, Texas; discuss, deliberate, provide staff with direction, and consider such matters. Consultation with the City's attorneys regarding legal advice regarding the matters referenced above. 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. This item was discussed during the second Closed Session following the completion of the Regular meeting. 2. Receive a briefing from Staff and attorneys regarding certain public power and commercial matters involved pertaining to the continued use of Garland Power & Light (GP&L) to perform certain Transmission Operator functions for Denton Municipal Electric (DME), as required by North American Reliability Corporation (NERC) Regulations; and receive an attorney consultation, where a public discussion of this legal matter would conflict with the duty of the City's attorneys to the Public Utilities Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Discuss, deliberate, provide Staff with direction, and consider. 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.Presentation by Bill Ford and students of the Mayborn School of Journalism regarding their Denton promotional venture. Bill Ford presented information concerning the Mayborn School of Journalism promotional venture which provided scholarships at UNT and for students in the Journalism School. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. City of Denton City Council Minutes December 18, 2012 Page10 B. Receive citizen reports from the following: Mayor Burroughs stated that unless he heard objections from the Council, he was going to move the citizen reports at the end of the meeting to the front of the meeting as they were all interrelated. 1. Joe Ader regarding predatory lending. Mr. Adler expressed a concern about predatory lending in Denton particularly payday lenders and title loans. He reviewed information concerning traditional loans and payday loans. A similar type of loan was a title loan that used a car title as collateral. Many states had restrictions on these types of businesses but in Texas they were operating as credit service organizations which were operating under a loophole in the the law. Denton had a large amount of payday and title loan locations. He asked Council to listen to the rest of speakers for their recommendations. 2. Janet Shelton regarding predatory lending. Ms. Shelton reviewed the business model of the payday loans which rests on client's failure to pay the loan. The cycle of debt was a more profitable scenario for the payday lenders. Borrowers pay money back at a huge interest rate. 3. Michael Pirtle regarding predatory lending. Mr. Pirtle presented information regarding a client who had a payday loan and was unable to purchase food because of trying to pay off the loan. Her original $75 loan went to $800 and then to a payoff of $5,000. The client was subjected to harassment tactics which caused her extreme stress. 4. Melanie Vest regarding predatory lending. Ms. Vest stated that clients of the organizations never had just one loan; they snowballed into one to two to three and so on. Payday loans affected hard working members of the community and borrowers were stuck in the cycle of continuous borrowing. Mayor Burroughs stated that the reason these businesses existed were for people with no credit or had an emergency and needed an immediate loan. He questioned what alternative these people had available. Vest stated that some of these individuals were able to get credit at financial institutions but did not know they were eligible. Education was a key component for these types of institutions. 5. Leah Jordan regarding predatory lending. Ms. Jordan stated that United Way recently completed its needs assessment and knew that 1 of every 3 children in the DISD came from economic disadvantaged homes. Volunteer Income Tax City of Denton City Council Minutes December 18, 2012 Page11 Assistance (VITA) was provided by United Way for free tax preparation and e-filing services to low and moderate income families and individuals earning less than $50,000 per year. VITA participants received financial education materials on wise borrowing and spending decisions. Council Member Gregory asked how to get the word to those who needed the training and where classes would be offered. Jordan stated that the Agrilife Extension program promoted these services throughout the city of Denton library system, tax assistance program and other various methods. 6. Kayce Strader regarding predatory lending. Ms. Strader presented information regarding a client who went to Titlemax for a car title loan. Vision helped her with her payments or she would have been homeless with a large debt. She was asking for three actions from Council: (1) add this item to the Council’s legislative agenda in Austin, (2) create alternative financial services zoning for these agencies and (3) approve similar restrictions from other cities regarding four installments for payment. The large interest rate of these agencies was not right and should be stopped. Mayor Pro Tem Kamp stated that there was a time at very end of meeting to ask for future items on an agenda. She would be requesting the City Attorney look into legal options for Council to consider. City Attorney Burgess stated that the legal staff had anticipated Council requesting them to look at some of these issues and they were already working on an ordinances for the Council to consider. 4. CONSENT AGENDA Mayor Burroughs noted that there was a substitute ordinance for Item E which a motion should address. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions including the substitute ordinance for Item E and with the exception of Item U to be pulled for separate consideration. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Ordinance No. 2012-341 A. Consider adoption of an ordinance adopting Rental Guidelines and a Schedule of Rental Fees for Williams Square, located between East Hickory and Mulberry Streets, and providing an effective date. City of Denton City Council Minutes December 18, 2012 Page12 Ordinance No. 2012-342 B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program (RAMP); authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. (TxDOT Project No. AM 2013DNTON and CSJ No. M318DNTON). The Airport Advisory Board recommends approval (7-0). Ordinance No. 2012-343 C. Consider adoption of an ordinance providing for the expenditure of funds for the Emergency Purchase of an Al-Jon Advantage 500M Landfill Compactor in accordance with provisions of Section 252.022 of the Local Government Code exempting such purchases from requirements of competitive bidding; and providing an effective date (File 5133-Emergency Purchase of Compactor for Landfill awarded to Tri County Equipment Sales L.L.C. in the amount of $370,000). The Public Utilities Board recommends approval (7-0). Ordinance No. 2012-344 D. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Farmers Branch, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Farmers Branch contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5124- Interlocal Agreement with City of Farmers Branch). Ordinance No. 2012-345 E. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a contract with the Buy Board Cooperative Purchasing Network for the acquisition of Two Haul Trailers for the Solid Waste Department and the Houston- Galveston Area Council of Governments (H-GAC) for the acquisition of a Street Sweeper for the City of Denton Drainage Department; and providing an effective date (File 5123-Purchase of a Street Sweeper awarded to TYMCO, Inc. in the amount of $188,095.50 and Two Haul Trailers awarded to Rush Truck Centers of Texas, Inc. in the amount of $161,309 for a total award of $349,404.50). The Public Utilities Board recommends approval (7-0). Ordinance No. 2012-346 F. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a contract through The Cooperative Purchasing Network (TCPN) for the acquisition of Maintenance, Repair and Operations Supplies for the City of Denton Distribution Center; and providing an effective date (File 5050-Purchase of Maintenance, Repair and Operations Supplies for the Distribution Center awarded to Fastenal Company in the annual estimated amount of $105,000). City of Denton City Council Minutes December 18, 2012 Page13 Ordinance No 2012-347 G. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Vehicle Global Positioning System (GPS) for the City of Denton Solid Waste Department as awarded by the State of Texas (Contract TXMAS-4-6611Q010); providing for the expenditure of funds therefor; and providing an effective date (File 5135-Vehicle Global Positioning System for Solid Waste Department awarded to Trimble Navigation Limited in the amount of $167,529.20). The Public Utilities Board recommends approval (7-0). Ordinance No. 2012-348 H. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with Merje Design for consulting services related to the Wayfinding Signage Project for the City of Denton Planning Department; and providing an effective date (RFQ 4938-Wayfinding Signage Project for City of Denton awarded to Merje Design in the amount of $119,205). Ordinance No. 2012-349 I. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with Kimley Horn and Associates, Inc. for engineering services related to the design and construction of the Southwest Elevated Storage Tank project; and providing an effective date (File 5134-Engineering Services for Design and Construction of the Southwest Elevated Storage Tank Project awarded to Kimley Horn and Associates, Inc. in the amount of $325,000). The Public Utilities Board recommends approval (7-0). Ordinance No. 2012-350 J. Consider adoption of an ordinance accepting competitive proposals and awarding a Public Works Contract for the construction of a concrete and masonry fence at the City of Denton Bonnie Brae Substation; providing for the expenditure of funds therefor; and providing an effective date (RFP 5063-awarded to Zagros Construction Company in the amount of $388,849.10). The Public Utilities Board recommends approval (7-0). Ordinance No. 2012-351 K. Consider adoption of an ordinance providing for, authorizing, and approving the expenditure of funds for the purchase of protective relay, control, monitoring, metering, software, integration, accessories and devices manufactured by Schweitzer Engineering Laboratories (SEL), which are available from only one source, KD Johnson, Inc., and in accordance with Chapter 252.022 of the Texas Local Government Code, are exempt from the requirements of competitive bidding; and providing an effective date (File 5024-Purchase of Protective Relay Equipment for Municipal Electric in an amount not to exceed $2,510,000). The Public Utilities Board recommends approval (7-0). Ordinance No. 2012-352 L. Consider adoption of an ordinance accepting competitive proposals and awarding an initial one (1) year contract with the option to extend for four (4) additional one (1) year periods for individual and aggregate stop loss insurance for the City of Denton's Self- Funded Health Benefits Program; providing for the expenditure of funds therefor; and City of Denton City Council Minutes December 18, 2012 Page14 providing an effective date (RFP 5084-Individual and Aggregate Stop Loss Insurance for City of Denton awarded to Sun Life Financial, Inc. in the annual estimated amount of $975,000 for a five year estimated expenditure of $4,875,001). Ordinance No. 2012-353 M. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of 69kV and 138kV Aluminum Pipe Bus for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5072-Electric Utility 69kV and 138kV Aluminum Pipe Bus awarded to Techline, Inc. in the not to exceed amount of $380,000). The Public Utilities Board recommends approval (7-0). Ordinance No. 2012-354 N. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Polymer Station Class Arresters for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5073-Supply of Electric Utility Polymer Station Class Arresters awarded to Stuart C. Irby Company in the not to exceed amount of $160,000). The Public Utilities Board recommends approval (7-0). Ordinance No. 2012-355 O. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of galvanized steel transmission poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5079-Single Purchase of Electric Utility Galvanized Steel Transmission Poles awarded to Falcon Steel Company in the not to exceed amount of $751,033). The Public Utilities Board recommends approval (7-0). Ordinance No. 2012-356 P. Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year 2011-12 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Health Insurance Fund of nine hundred thousand dollars ($900,000) from the previously amended budget amount of nineteen million, nine hundred fifty three thousand, one hundred thirteen dollars ($19,953,113) to twenty million, eight hundred fifty three thousand, one hundred thirteen dollars ($20,853,113) to provide for additional expenditure authority related to health care claims and fees; providing for retroactive approval, confirmation and ratification thereof; declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing an effective date. Ordinance No. 2012-357 Q. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement by and between the City of Denton, Texas and Denton County, Texas for DME to update the electric utility facilities for the Denton County Jail Expansion Project and the Denton County Juvenile Probation and Detention Expansion Project; providing for an effective date. City of Denton City Council Minutes December 18, 2012 Page15 Resolution No. R2012-042 R. Consider approval of a resolution of the City of Denton, Texas relating to the issuance of refunding bonds and commercial paper by the Texas Municipal Power Agency and providing the approval of the City for the issuance thereof subject to certain parameters and conditions; providing for an effective date. Ordinance No. 2012-358 S. Consider adoption of an ordinance of the City of Denton, Texas approving a "Memorandum of Understanding - Reverse Litter Campaign" by and between the Tarrant Regional Water District and the City of Denton, Texas to develop a reverse litter campaign; authorizing the City Manager or his designee to execute said Memorandum of Understanding on behalf of the City of Denton; providing for the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommends approval (7-0). Resolution No. R2012-043 T. Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the approval of an "agreement for construction, maintenance and operation of safety lighting systems within municipalities (University of North Texas pedestrian bridge agreement)" with the Texas Department of Transportation; providing for an effective date. Ordinance No. 2012-359 V. Consider adoption of an ordinance granting to Oncor Electric Delivery Company LLC a non-exclusive franchise for the purpose of constructing, maintaining, and using an electric delivery utility system in the City of Denton; regulating the construction work done by the grantee in the City; requiring joint use of poles, trenches, and conduits in certain instances; prescribing the relationship and relative rights between grantee and others with respect to construction in the City and location of facilities; prescribing the duties, responsibilities, and rule making authority of the City Manager and the City with respect to administration of this franchise; requiring certain records and reports and providing for inspections and location of principal offices; reserving to the governing body of the City the right to set charges and rates of grantee; providing the rights and responsibilities of the governing body in setting the rates; providing for enforcement of the franchise; prescribing the compensation to the City from the grantee for the franchise privilege; providing for assignment of the franchise; providing indemnity of the City and its employees; providing for good faith effort; providing for insurance; setting forth the term of the franchise and its renewal; repealing Ordinance No. 2001-405 as amended; providing for acceptance of the franchise by grantee; finding that the meeting at which this Ordinance is passed is open to the public; providing for severability; and providing an effective date. (Final Reading) Resolution No. R2012-044 W. Consider approval of a resolution by the City Council of the City of Denton, Texas supporting the energy efficiency goals established in Senate Bill 898 enacted by Texas Legislature during the 82nd Legislative Session of 2011; providing for an effective date. The Council Committee on the Environment recommends approval (3-0). City of Denton City Council Minutes December 18, 2012 Page16 Ordinance No. 2012-360 X. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between the City of Denton (the "City"), and Weldon Wilson and wife, Terri Wilson (collectively, the "Seller"), contemplating the sale by Seller and purchase by City of a 2.123 acre tract of land, more or less, being generally located at S. Mayhill Road north of Gayla Drive, in the Gideon Walker Survey, Abstract No. 1330 in the City of Denton, Denton County, Texas (the "Property Interests"); for the purchase price of One Hundred Thirteen Thousand Seven Hundred Fifty One and No/100 Dollars ($113,751.00) for landfill operations; authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2012-361 Y. Consider adoption of an ordinance providing for acceptance of eligible Non-Annexation Agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-7, consisting of approximately 143 acres of land located on the east and north sides of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive, and more specifically identified in Exhibit "A" attached thereto; providing for severability; and providing an effective date. Ordinance No. 2012-362 Z. Consider adoption of an ordinance providing for acceptance of eligible Non-Annexation Agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-9, consisting of approximately 298 acres of land located north of Pockrus Page Road, north, south and northeast of Edwards Road, and more specifically identified in Exhibit "A" attached thereto; providing for severability; and providing an effective date. Ordinance No. 2012-363 AA. Consider adoption of an ordinance providing for acceptance of eligible Non-Annexation Agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-12, consisting of approximately 1,154 acres of land located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, and east and west of S. Trinity Road, and more specifically identified in Exhibit "A" attached thereto; providing for severability; and providing an effective date. Ordinance No. 2012-364 BBConsider adoption of an ordinance approving a Letter Amendment to the Transmission .Operator Consulting Services Agreement dated January 1, 2012, wherein the City of Denton, Texas is continuing the services of the Garland Power & Light as its Transmission Operator; authorizing the expenditure of funds therefor; providing an effective date. City of Denton City Council Minutes December 18, 2012 Page17 Ordinance No. 2012-365 CC. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached thereto and made a part thereof as Exhibit "A" by and between the City of Denton (the "City"), and Haeussler Properties, LP, a Texas limited partnership (the "Seller"), contemplating the sale by Seller and purchase by City of a 1.968 acre tract of land, more or less, being generally located in the 1200 block of South Mayhill Road in the M.E.P. & P.R.R. CO. Survey, Abstract No. 927 in the City of Denton, Denton County, Texas (the "Property Interests"); for the Purchase Price of Two Hundred Sixty Three Thousand and No/100 Dollars ($263,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish the closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Parcel M120 - Mayhill Road Widening and Improvements project) Item U was considered. U. Consider approval of a resolution regarding a Branding/Marketing Proposal presented by the Economic Development Partnership Board for a new Denton Airport Logo, Tag Line, Anthem and Name. The Economic Development Partnership Board recommends approval (9-0). Mayor Burroughs stated that there was a Speaker Card submitted for this item. Rick Woolfolk, 115 W College, Denton, spoke regarding the naming of the airport. He was not in favor of the name “Denton Enterprise Airport” and felt “Denton Airport” was the appropriate name for the airport. Council Member King motioned, Council Member Engelbrecht seconded to postpone Item U to th the February 12 Council meeting. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 5. PUBLIC HEARINGS Ordinance No. 2012-366 A. Hold a public hearing and consider adoption of an ordinance designating and describing the boundaries of Tax Increment Reinvestment Zone Two for an industrial district of Denton, Texas; establishing the duration of the Zone; establishing a Tax Increment Fund; establishing a Board of Directors for the Tax Increment Reinvestment Zone; making certain findings and other matters related thereto; and providing an effective date. Erica Sullivan, Economic Development Analyst, presented information concerning the item. The proposed zone was comprised of approximately 800 acres located north of Airport Road. City of Denton City Council Minutes December 18, 2012 Page18 The major assumptions of land valuation, improvement valuation, business personal property and residential development were reviewed. Proposed projects for the TIRZ included street improvements, utility and drainage improvements and support for industrial projects. Participation would be with the city of Denton and Denton County. The Economic Development Partnership Board recommended approval of the Zone. It also recommended an eleven member Board consisting of the nine Economic Development Partnership Board members plus one representative from Denton County and one member from the developer, Rayzor Investments. This board structure would streamline the process as the same group of individuals would also be working on other incentive agreements for these projects. Board members would serve staggered terms not to exceed three consecutive terms. Next steps in the process included receiving Denton County participation agreement, appointment of the Board, Board approval of the final project and financing plans to present to the Council for approval. The City would then notify the State Comptroller sometime in February 2013 of the TIRZ establishment. The Board would provide an annual report to Council and the Comptroller on the TIRZ fund and project activity sometime in February 2014. The Mayor opened the public hearing. Matt Bukin, 1114 Stratford, Richardson, 75080, spoke in favor on behalf of the Rayzor family. The Mayor closed the public hearing. Council Member Gregory stated that it appeared that the project was counting on the County to participate and questioned what would happen if the County did not approve the participation. Bukin stated that he did not know but that it probably would still move forward. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Ordinance No. 2012-367 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating portions of certain retail establishments, public buildings, and food establishments as nonsmoking areas; providing notification requirements; prohibiting smoking in designated nonsmoking areas; providing exceptions; providing penalties; providing a severability clause, repealing Ordinance 86-69, Ordinance 93-193 and Chapter 14 Article IV (Smoking) of the Code of Ordinances, and any other ordinance in conflict herewith; and providing for an effective date. Lindsey Baker, Assistant to the City Manager, presented an update on the proposed regulations. She reviewed the history of the Committee and the proposed regulations plus the Council's recommendations. The regulations would involve restaurants, bars, outdoor open-aired outdoor patios at restaurants and bars, billiard/bowling/bingo facilities, hotel/motel rooms, workplaces, a City of Denton City Council Minutes December 18, 2012 Page19 designated distance from public entrances and other applicable exceptions. Council had been provided a revised ordinance based on their comments during the work session. Council Member Roden stated that tobacco shops and tobacco bars did not have the same under age 18 provision that cigar bars had. Baker stated that was correct. Council Member Gregory asked about the changes Council made to the Advisory Committee’s recommendations. Baker stated that one of primary committee recommendations dealt with transportation and originally had "enclosed" in the definition. The intent was to allow smoking on platforms as they were open air. Council amended that to not allow smoking in those areas. Council also amended the provisions for a cigar bar to include alcoholic beverages and the under 18 age provision. The open air patio definition was also amended from the original Committee recommendation. Council Member Gregory stated that the majority of the comments he had received was that people wished the provisions went further for all bars and not just 18 and over. He asked Baker to summarize what happened in the deliberations of the Committee that led to the recommendation. Baker stated that the Committee had a lot of discussion regarding whether to ban smoking in all bars or just to those serving under the age of 18. A vote was taken by the Committee to ban smoking completely from bars but was voted down. Another vote concerning banning smoking in bars under the age of 18 passed. There was a reconsideration of the item at the Committee’s December meeting with the vote remaining the same. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Pat Cheek, 1200 Tulane, Denton, 76201 Cynthia Beard, 2100 Loon Lake Road, Denton, 76210, opposed Phillip Stachelski, 1317 Anna, Denton, 76201 - support John Murphy, 1905 Whitefish Court, Denton, 76210 – support of no smoking in all bars Council Member Roden asked Mr. Murphy what was the trend in places around the county regarding musicians and smoking in bars. Murphy stated they were not allowing smoking in the venues. Phillip Kregel, 21 Oak Forrest, Denton, 76210, opposed Matthew Long, 1509 Bolivar, Denton, 76201 - opposed Amber Briggle, 1315 Dartmouth, Denton, 76201 – opposed Adam Briggle, 1315 Dartmouth, Denton, 76201 - opposed City of Denton City Council Minutes December 18, 2012 Page20 Council Member Roden questioned Mr. Briggle regarding distance requirements outside an establishment. Briggle felt 25 feet was the norm. Tom Silva, 2201 Longmeadow, Denton, 76209 - in favor of comprehensive ordinance James Bostick, 1610 Highland Park, Denton, 76205 - opposed Council Member Roden questioned Mr. Bostick if he was in favor of the over 18 restriction as he was the owner of Andy’s. Bostick stated that no one under 18 came into his establishments. Council Member Roden asked if he was allowed by law to have all age shows. Bostick stated correct but he chose not to do that but if he did it would be a no alcohol event and no smoking. Michael Briggs, 2311 Houston Place, Denton, 76201 - support Morgan Larson, McCormick Street, Denton, 76201 - opposed John Ryan, 2128 Emerson, Denton, 76201 - support Arjun Chandy, 716 Ticonderoga, Denton, 76205 – opposed Jim Clark, 1200 Tulane, Denton, 76201 - favor Jennifer Gibbs, 318 W. Congress, Denton, 76201 – owner of Dusty’s - opposed Council Member Roden asked Ms. Gibbs if it would be helpful to have a provision to allow time to make the necessary changes. Gibbs stated that she would not be able to move and felt that her landlord would not do anything with the building and she had no money make the changes herself. Mayor Pro Tem Kamp asked about allowing 18 and under into her bar. Gibbs stated that if an establishment had a cigarette machine no one under 18 could enter. Nanci Kimmey, 2217 N. Carroll, Denton, 76201 - pass the current proposal to exempt bingo halls and provided a barrier wall within three years Mayor Pro Tem Kamp asked Ms. Kinney if the three year provision was adequate and if currently they had a filter system. Kimmey stated that currently they had air filtration systems with two wings; one for smoking and one for non-smoking. Joe Ager, College Street - support Rowdy Whollper - support Pam Gibbs, 2020 Kendolph, Denton, 76205 - opposed City of Denton City Council Minutes December 18, 2012 Page21 Lloyd Banks - opposed Council Member Roden asked Mr. Banks if he had all age shows. Banks stated almost never because if the patrons couldn’t drink, he did not make money. Natasha Hume, 207 Solar Way, Denton, 76207 –opposed John Russell, Jacqueline Drive, Denton - provide tax incentives for smoke free establishments Comment Cards were submitted by the following: Glenn, Carlton, P.O. Box 1695, Denton, 76202 - support Christopher Walker, 805 Emery, Denton, 76201 – support Vicki Oppenheim, 600 Windfield, Denton, 76209 Nathaniel Lightfoot, 111 Lane, Denton, 76209 - support Vivian Casper, 2004 Pennsylvania, Denton, 76205 - support Florence Winston, 1602 Mistywood, Denton, 76209 - support Rhonda Love, 1921 Holly Hill, Denton, 76205 - opposed Jay McElhinney, 605 Austin, Denton, 76201 – support Robert Gomez, 119 W. Pecan, Denton, 76201 - support Kim Brimberry, 918 Haynes, Denton, 76201 – opposed Steve Cockrell, 318 W. Congress, Denton, 76201 - opposed Harrison Wicks, 3111 Darby Lane, Denton, 76207 - support Bradley Franklin Santulli, 1400 Panhandle, Denton, 76201 - opposed LuAnn Awtrey, 210 Stroud, Denton, 76201 - support JoAnn Nunnelly, 2215 Houston Place, Denton, 76201 - support The Mayor closed the public hearing. Council Member Roden stated that he was in favor of a total ban for all bars. He questioned if the portion of the ordinance dealing with bars could be separated out and have different phases for implementation for bar situations. City Attorney Burgess stated that section would have to be reworked but that it could be done. Council Member Roden asked if the ordinance could be passed with the provision of bars as is and have a provision to amend it later. City Attorney Burgess stated that the ordinance could be amended at any time. Council Member Roden felt there was a broad consensus with everything with the exception of the bars. He felt given more time and discussion of creative solutions the Council would be closer than the current proposal. He suggested passing everything with the exception of the bars and table that portion for further discussion. City of Denton City Council Minutes December 18, 2012 Page22 Council Member Gregory stated that the ordinance as proposed prohibited smoking in restaurants. He was in favor of a complete ban in bars. The smoking ban would be stronger than what currently was in effect.He understood the issue of choice. Mayor Pro Tem Kamp asked for a clarification on private clubs and whether they were exempted. City Attorney Burgess stated that private clubs were exempted and not included in the ban. Baker stated that the definition in the ordinance for private club was for non-profit private clubs and not the definition of private clubs as defined by TABC. Mayor Pro Tem Kamp felt that Council should look at complete ban of bars in the future and give some of the owners time to adjust. There was a certain amount of personal responsibility of where a person went and where he did not go. She was concerned with musicians who had to play in clubs with smoking. She suggested giving bars with those venues time to adjust and to come back in 6 months with another look at the ordinance. She supported what was in front of them with the 18 age provision. Council Member Engelbrecht stated as the provisions now stood, if bar owner wanted a non- smoking facility, he had the burden of enforcement on him/herself as there was no city requirement. Under the ordinance as written a bar owner who declared his establishment to be non-smoking carried the weight of the city’s enforcement. That owner would have the backing of the City to support that ban. City Attorney Burgess stated that if an establishment declared to be non-smoking, it would be a violation of the ordinance if an individual smoked in the establishment. Council Member Engelbrecht suggested reviewing the ordinance again in six month to see what effect it had on the business owners. Council Member King stated that he personally did not like smoking but had a hard time with the concept of government taking choices away from business owners. Venues were choosing to become non smoking as well as bars. He liked what the current proposal was and what Council Member Engelbrecht was proposing. Mayor Burroughs stated that currently the City did not have any type of smoking regulations except for on city property so anything done now would be better. The proposal banned smoking in elevators, health care facilities, any city building, retail establishments, lobbies, hallways, schools, child and adult day care facilities, movie theaters, public libraries, museums, restaurants, bars with exceptions, hotel/motel public areas, public transportation vehicles, places of employment. There was a broad series of places where smoking would be banned. He liked the concept of revising bars and the incentive idea plus the idea of identifying bars and extending to locations that were physically able to create a patio or open area. There would be some that could not do that and an exception might be considered for those types of facilities as they were built before the ordinance. City of Denton City Council Minutes December 18, 2012 Page23 Council Member Roden stated that it was still not clear that this point if a night by night exception would be allowed. Council Member Gregory suggested adding an Item 20 that might address that situation by declaring non-smoking by the owner. City Attorney Burgess stated that it would be feasible to add a Section 20. Section 4B would need to have language crafted for the Police Department for a notice for temporary declarations so they knew what to enforce, where and when. Council Member Engelbrecht suggested it could be done similar to noise exceptions. If an owner wanted to ban smoking at certain times, he could go through the process like a change in the noise ordinance. If an exception was wanted, they would come to Council to get that. City Attorney Burgess stated that was a good suggestion and if so, the public would be aware as well as the Police Department and would be more workable rather than just doing some sort of notice. Mayor Burroughs stated that if an owner did not want to go through that process to have city support, he could do the ban himself and not go through that process. Council Member Gregory did not like the concept of making the owners come to Council and felt that posting itself as non-smoking should be enough. He suggested taking out the word “public” in Item 7 dealing with primary or secondary schools. Mayor Burroughs questioned if posting signs for non-smoking for an event was sufficient for enforcement for the event. City Attorney Burgess stated that some sort of notice and a notice to the Police Department would be more helpful than not as far as an attempt to enforce. Mayor Pro Tem Kamp stated that there were several places in the city that already did the self enforcement. If an owner wanted to be non-smoking on a particular night then he could do the enforcement himself. City Attorney Burgess stated that the only requirement would be the posting similar to Section 5 for events to be non-smoking. Council Member Roden suggested that when the provisions were revisited to get with the current committee to continue looking at the provisions. Council Member Engelbrecht motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance with the following changes: remove the word “public” from Item 7 and add an Item 20 indicating “any establishment or facility declared to be non-smoking under Section 4(b) of this ordinance”. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. City of Denton City Council Minutes December 18, 2012 Page24 Council considered Item 6C. 6. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2012-368 C. Consider adoption of an ordinance amending Ordinance No. 2012-024, as amended by Ordinance Nos. 2012-126 and 2012-131, establishing a moratorium on certain gas well permits for gas well drilling and production activities within the corporate limits of the City of Denton, Texas, providing for an extension of the moratorium, providing a cumulative clause, providing a severability clause, and providing an effective date. Mayor Burroughs stated that there was no staff presentation for this item but a number of Speaker Cards had been submitted. The following individuals submitted Speaker Cards: Tara Lynn Hunter, 804 West Hickory, Denton, 76201 - support Morgan Larson, McCormick Street, Denton, 76201 - support Aaron Aguilar, 804 West Hickory, Denton, 76201 - support Colin Shaw, no address provided – opposed to drilling Adam Briggle, 1315 Dartmouth, Denton, 76201 - support Ben Kessler, 2778 Lookout Lane, Denton, 76207 - support Laura Abril, 2424 West Oak, Denton, 76201 - support Kelsey Fryman, 1103 Bernard, Denton, 76203 - support Ed Soph, 1620 Victoria, Denton, 76209 - support Pauline Raffestin, 2015 Bowling Green, Denton, 76201 - support Comment Cards were submitted by the following: Jason Stroud, 118 Bernard, Denton, 76201 - support Cathy McMullen, 805 Ector, Denton, 76201 - support Rhonda Love, 1921 Holly Hill, Denton, 76205 - support Vivian Casper, 3004 Pennsylvania, Denton, 76205 - support Florence Winston, 1602 Mistywood, Denton, 76209 - support Vicki Oppenheim, 600 Windfield, Denton, 76209 – support Benjamin Butler, 804 W. Hickory, Denton, 76201 - support JoAnn Nunnelly, 2215 Houston, Denton, 76201 - support Megan Storie, 804 W. Hickory, Denton, 76201 - support Bruce and Elma Walker, 9805 Grandview, Denton, 76207 - support Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance and extend the moratorium until February 20, 2013. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. City of Denton City Council Minutes December 18, 2012 Page25 Mayor Burroughs stated that the moratorium would be extended with the flexibility for consideration of the ordinance itself. 5. PUBLIC HEARINGS C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions, and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and an effective date. (DCA12-0005) Mayor Burroughs stated that there was going to be another public hearing with revisions in the process to allow time to accept comments after this meeting due to a timing issue for more analysis on the last draft with additional changes. He would open the public hearing and noted that the ordinance would be changing. Citizens could comment on the current ordinance but there would be another public hearing in the future. Darren Groth, Gas well Administrator, stated that the proposal was to consider approval of the Planning and Zoning Commission recommendation to approve the ordinance with the condition that Council would continue to revise the ordinance language based on their goals. The prior actions of the Gas Well Task Force were reviewed with a note on all of the opportunities for public input. The proposal this evening was the fourth draft of the ordinance and contained revisions made after receipt of additional public input, the Planning and Zoning Commission November 28, 2012 recommendation and Council direction. Comments and suggestions provided during Phase II were considered in context of the whole ordinance to ensure consistency throughout the entire document. Groth reviewed a summary of noteworthy draft four revisions. Staff’s recommendation was to approve the Planning and Zoning Commission recommendation to approve DCA12-0005 with the condition that Council continue to revise the ordinance language based on their goals. The Mayor opened public hearing The following individuals spoke during the public hearing: Elma and Bruce Walker, 9805 Grandview, Denton, 76207 - support Henry Teich, 10008 Country Road 917, Cresson, 76335 - support Vicki Oppenheim, 600 Windfield, Denton, 76209 - support Chelsea Bacher, 5601 Bridge, Fort Worth, 76112 John Russell, 2303 Jacqueline, Denton, 76205 - opposed Adam Briggle, 1315 Dartmouth, Denton, 76201 - opposed Gilbert Horton, 1209 CR 1304, Bridgeport, 76426 Mayor Burroughs asked Mr. Horton if he had an objection to a municipality testing air and water quality during and after well drilling. Horton stated that fell within federal and state guidelines. City of Denton City Council Minutes December 18, 2012 Page26 Mayor Burroughs stated that federal and state guidelines extended to regulation and his question was with testing. Horton stated they already had air quality monitors and all showed they were in compliance. Mayor Burroughs stated that he was asking about testing at the well site for a local level of air and water before, during and after drilling. Horton stated he would have to check but felt that would be regulated by the state and federal government. Wes Sandefer, 5601 Bridge, Fort Worth, 76112 Matthew Long, 1509 Bolivar, Denton, 76201 - opposed Phyllis and Ronnie Wholper, 2616 Hereford Road - opposed Comment card were submitted by the following: Rhonda Love, 1921 Holly Hill, Denton, 76205 - opposed Michael Briggs, 2311 Houston, Denton, 76201 - opposed JoAnn Nunnelly, 2215 Houston, Denton, 76201 - opposed Mark Michalica, 600 Windfield, Denton, 76209 - opposed Steven, 2417 Natchez Trace, Denton, 76210 City Attorney Burgess stated that this was the required public hearing as required by law. Council could close public hearing and accept blue cards at a next meeting, hold a courtesy public hearing or continue to an appropriate date. Mayor Burroughs stated that if there was no requirement to re-advertise, it would be a benefit to the public to close the public hearing because then if someone had already spoken he/she could not speak again. If the public hearing were closed, they could speak again. The Mayor closed the public hearing. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to continue consideration of the item to January 15, 2013 with another public hearing. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION Resolution No. R2012-045 A. Consider approval of a resolution regarding the 2013 State Legislative Program of the City of Denton for the 83rd Texas Legislature and providing for an effective date. Lindsey Baker, Assistant to the City Manager, stated that two items were added by Council to the program. Those items were support for legislation that would allow cities to enact City of Denton City Council Minutes December 18, 2012 Page27 ordinances regulating development, related to Chapter 245 of the Local Government Code and opposition to state pre-emption of municipal authority in the regulation of payday lenders. Council Member Roden motioned, Council Member Engelbrecht seconded to approve the resolution. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Resolution No. R2012-046 B. Consider approval of a resolution of the City of Denton, Texas, in support of the passage of legislation during the 83rd State Legislative Session that will create an additional exemption to the "Vested Rights" Law, Texas Local Government Code, Chapter 245, which will allow local governments to enact ordinances relating to health and safety regulations as applied to gas drilling and production activities; and providing for an effective date. City Attorney Burgess stated that vested rights concepts were difficult as staff was trying to draft the gas well drilling provisions and staff was suggesting that it was appropriate for Council to pass a resolution asking the legislature to allow an additional exemption for municipalities to better regulate health and safety provisions as it related to gas well drilling. Comment cards were submitted by the following: LuAnn Awtrey, 210 Stroud, Denton, 76201 – support JoAnn Nunnelly, 2215 Houston, Denton, 76201 - opposed Rhonda Love, 1921 Holly Hill, Denton, 76205 - support Amber and Adam Briggle, 1315 Dartmouth, Denton, 76201 – support Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to approve the resolution. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. D. Consider appointments to the Denton County Housing Finance Corporation. Mayor Pro Tem Kamp nominated Paul Chandler, Mark Chew, Duke York for the vacancy of Phil Gallivan, Linnie McAdams and Adam Reese. Council Member King motioned, Council Member Roden seconded to approve the nominations. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 7. CITIZEN REPORTS The citizen reports listed at the end of the agenda were moved to the beginning of the agenda. City of Denton City Council Minutes December 18, 2012 Page28 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Mayor Burroughs noted the payday lender discussion and that staff would be looking into the issue. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs noted that Council would be going back into Closed Session to discuss Item C.1. as noted on the agenda. Upon the completion of the Closed Session at 12:45 a.m., the Council returned to Open Session and with no further business, the meeting was adjourned. ____________________________________ ____________________________________ MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS