May 8, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
May 8, 2012
After determining that a quorum was present, the City Council convene in 2nd Tuesday Session
on Tuesday, May 8, 2012 at 4:00 p.m. in the City Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem Kamp,
and Mayor Burroughs.
ABSENT: None
1.Receive a report and hold a discussion concerning the Denton County Transportation
Authority's A-train service schedule, bus operations and public transportation services.
Jim Cline, President of DCTA, stated his presentation overview would include an update on the
Stadler cars, a safety campaign, the regional fare, FY12 ridership and the bus maintenance
facility. Proposed service changes would be discussed in terms of process, what has been heard,
financial constraints, recommendations, trade-offs and next steps.
The Stadler cars would be rolled out between June and August with 10 of the 11 vehicles already
received. The Alternative Vehicle Transportation waiver was expected within 60 days. DCTA
was working to expand regional opportunities for this vehicle. The RDC cars would be returned
to DART as soon as they were no longer necessary.
Community-wide Rail Safety – Over 100 campaigns to over 10,000 people had been done with
the DCTA “Look, Listen & Live” program. Coordination was being done with local law
enforcement and Federal Rail Authority. A Community Rail Safety Class would be held on May
17th at the Downtown Denton Transit Center. June was National Safety Month.
Council Member Gregory expressed a concern about rail and trails sharing same corridor and
asked how was that working.
Cline stated that where there were trails, there were no problems. There seemed to be a trend
with people making bad decisions regarding the rails such as the couple walking across the
railroad bridge.
DCTA Update-Regional Fare - DART was currently in the public comment phase on proposed
December fare increases. The proposed increase was a regional monthly pass from $120 to
$160; a regional annual pass from $1200 to $1600; and reduced fares would only be accepted in
off-peak hours. The T was still reviewing the proposal. DCTA did not support a fare increase at
this time. Next steps would be continued discussions with regional partners, a relocation of the
fare boundary to Trinity Mills, and public participation by all three agencies would occur
throughout the summer. DCTA would hold public meetings in June.
Mayor Burroughs asked if there would have to be a fare increase if DART wanted it.
Cline stated that they were bound by all three agencies to work with them to keep the systems
seamless for the ridership.
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Mayor Burroughs suggested considering a rebate for people who only rode on the DCTA portion
of the rail system to keep encouraging ridership.
FY 12 Transit Ridership - DCTA carried 1,752,684 passengers in the first six months of FY 12.
Route 9 was the highest performing fixed route. Connect ridership had increased by 14%.
DCTA was experiencing 1400-1500 passengers per week day on the A-train. There was a need
to look at ways to keep the ridership growing.
Council Member Watts questioned what measure was used to determine the 1400-1500
passengers.
Cline stated that it was based on boardings. For example, up and back to Denton would count as
boarding twice.
Council Member Gregory asked about Friday service.
Cline stated that Friday service during the day was lower and that may be based on no student
classes on Friday or people who take Friday off and not work on that day.
Council Member Gregory asked what percentage Friday day service was lower than the rest of
the week.
Cline stated that it was about 75% lower.
Council Member Watts clarified that if a passenger boarded in Denton and went to Trinity Mills
and then came back, that would be considered two boardings.
Cline replied that it would be two.
Bus Operating and Maintenance Facility – Cline indicated that there was no train connection to
the Nus Operation and Maintenance Facility nor was bus transfer there. He reviewed the layout
of the proposed building indicating that it should be under construction in December. DCTA had
addressed some of the neighborhood questions regarding the project. The bays would be pointed
away from the neighborhood.
Council Member Roden stated that there were rumors that when DCTA bought the property it
was already zoned industrial.
Cline stated zoning was consistent with the facility when DCTA bought the property but that it
had to be replated.
Mayor asked about screening of the facility and suggested consulting the neighbors if there were
any questions on the landscaping.
Council Member Engelbrecht asked about the security lighting and suggested consulting with the
neighbors on how to orient the security lights.
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Cline stated that they had already addressed the issue as all lights would be full cutoff and aimed
down. The lighting should not exit the property.
Cline continued that the next steps with the bus operation and maintenance included finalizing
the design of the facility and issuing the bid in early July with a notice to proceed in September
2012. It was hoped to have the project completed in January 2014.
Service change process – Cline reviewed the process for proposed service changes. He indicated
that midday service was an important feature for students and working parents. DCTA had that
midday service was a top priority. Friday night service, in its current configuration, was not
working as well as everyone hoped. The bus services needed to be expanded both in frequency
and service hours. Service changes in terms of financial constraints were reviewed as well as
service changes presented on April 26, 2012.
Next step for service changes included mid-day rail service; improve transit connections; earlier
Saturday service and moving the fare boundary to Trinity Mills. Options for consideration and
discussion included modifying the Friday night service, eliminate Friday night and consider
other transit improvements planned for later implementation, modify Saturday schedule to
accommodate later trains and create a budget for transit service to key regional events.
Mayor Burroughs stated that he would like to see the average daily ridership per train, the Friday
during day service and Friday night service as to compare each one.
Mayor Pro Tem Kamp asked about the deadline for comments regarding the Friday service.
Cline stated that someone would be at the meeting to receive the comments from the Downtown
merchants.
Mayor Pro Tem Kamp asked Cline to explain the vote in May and how it would work with the
Board.
Cline stated that DCTA was asking for guidance regarding the schedule change. His
understanding was that it did not require 2/3 of the paying members to make decision; however,
the budget would require the 2/3 vote. Difference would be given to the 3 paying member cities.
Council Member Gregory stated it was for the schedule and not the service plan.
Cline stated that the service plan involved where service was going to be provided which was
different from the schedule for adding/deleting trains.
2.Receive a report, hold a discussion and give staff direction regarding the request to name
the Rail Trail pedestrian bridge over Loop 288 after Martin Luther King, Jr.
Emerson Vorel, Director of Parks and Recreation, reviewed the policy for the naming of city
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facilities. If Council desired staff would present an item on the May 15 Council meeting
naming the rail trail bridge for Martin Luther King, Jr.
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Consensus of the Council was to proceed with the item for the May 15 council meeting.
3.Receive a report, hold a discussion and give staff direction regarding activities relating to
the City's Gas Well Inspections Division; Phase II amendments relative to the City's
drilling and production regulations; and the enacted gas well moratorium.
Darren Groth, Gas Well Administrator, stated that the Gas Well Task Force objectives were to
assist the City in drafting an ordinance that was fair, defensible, appropriate and did not risk
taxpayer resources; plus represent the interests of all stakeholders by soliciting public input. He
reviewed the public meeting dates from August, 2011 through March 2012.
Meeting outcomes - minutes, voting results, comment cards, and additional resources were
posted on the city's website. There were 78 motions forwarded for vote and 44 approved action
items.
Council Member Roden asked if it would be possible to have information on the items that were
voted against or failed to have a perspective on why that was the case or an explanation from the
Task Force. He questioned if that information might already be captured.
Groth stated that some of the members might explain their vote and the information should be
captured in the minutes.
Mayor Burroughs stated that 34 items did not go forward. He indicated it would be helpful to
have more information on the ones that received one vote. Less explanation would be necessary
for the ones with no vote.
Action items per focus area topics were presented. Air Quality had 10 action items; water, 11;
compliance/inspection follow-up, 7; other gas drilling related facilities, 2; insurance and
bonding, 0; public input process, 3; lease process and property acquisitions, 0; on-site
requirements, 7; city infrastructure, 2; and seismic testing, 2.
The final task force meeting was on March 26th. Available resources included the task force and
public input, technical and industry reports, staff input, governmental policies, and City
Council’s previous guidance. Staff was currently drafting, editing, and revising the draft
ordinance which would be forwarded to Legal and scientific advisory task force members for a
3-4 week review. After that, a task force public meeting would be held to discuss the revisions.
The proposed ordinance draft, with task force recommendations, would be forwarded to the
Planning and Zoning Commission and City Council for public hearings.
Approximate timeline - staff was anticipating completion of the draft in two weeks. The Legal
and scientific review would take approximately four weeks. Staff would incorporate the
recommendations and schedule the task force public meetings in approximately four weeks. The
Planning and Zoning Commission public hearings would be two weeks after that followed by the
City Council public hearing.
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Council Member Roden questioned if the task force had amendments after going through Legal
and the scientific advisory task force plus the Planning and Zoning Commission, would the draft
have to go back to Legal and the scientific task force.
Groth replied correct.
Council Member Roden questioned the time for Council to see the proposals and hoped that it
would not be right before an actual voting meeting.
City Manager Campbell stated that the Agenda Information Sheet staff prepared showed the next
steps. Once a draft ordinance was completed with the majority of the recommendations, it would
be Council's guidance on how to proceed. Council might consider other public meetings such as
scientific members presenting information directly to Council, etc. The public meetings would
be in addition to the public hearing. That was one reason to consider extending the moratorium
so as to have time to consider all of the options.
Mayor Burroughs felt that a legal final form of the ordinance provisions was a waste of a lot of
resources. If Council was going to weigh in and invite public comment, the ordinance would be
in a developmental stage.
City Manager Campbell stated that the intent when bringing back the basic documents was that
the majority of the task force issues had vetted for legal issues and scientific issues. Council
would then tell staff if they wanted to go further with those issues.
Mayor Burroughs stated that there could be a vetting as to what was viable and what was not
viable but not the final wording.
City Manager Campbell stated that the options would be what were legal and would work
scientifically.
Mayor Burroughs felt that the vetting would not be on a comprehensive level but on a basic
level. He suggested a Council work session before going to the Planning and Zoning
Commission. He needed to see a listing of what did not pass and have a work session to review
those items.
Mayor Burroughs stated that a general direction would be that prior to Council consideration, the
draft go back to interested public with a report prepared from the task force on the feeling
regarding what was being brought forth as recommended items and how it felt about those items
plus what was not addressed. All of that could be put in a report form so as to be able to ask
questions.
Mayor Pro Tem Kamp stated that at those public meetings, everyone who wanted to talk would
have the opportunity to speak to them. She felt that there could be a speaker for neighborhoods
who could speak for 10 minutes when representing a neighborhood.
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Council Member Gregory felt it might be helpful to set aside time for industry and mineral
owners and another session for other people who had environmental concerns. There could be
another time for neighborhood issues or a time for just citizens.
Mayor Burroughs felt it might be helpful to do that in one sense but also felt having groups
listening to each other was important as there would be a better understanding of the issues when
everyone listened to each other.
Mayor Pro Tem Kamp agreed that it would be good to get as many people in the room as
possible to allow more opportunities to speak as possible.
Council Member Gregory stated that he would like to see a drilling site in operation, a site that
had been completed, one producing gas and a compressor site.
Mayor Burroughs felt that was a great idea but expressed a concern with a prearranged trip as
there might be a change in the working situation. He suggested working with the inspector and
have an unannounced visit.
Council Member Roden suggested vetting the minority report through the scientific task force to
see what kind of outcome there would be.
Council Member Gregory requested an analysis of the fees collected and what it was costing to
run the inspection operation now that it had been operating a year to see if the fees were
appropriate.
Council Member Roden stated as staff got to the point of looking at concepts he would like to
see a comparison chart with other cities such as Southlake, Flower Mound, Grand Prairie, and
Fort Worth. He was interested in what scientific and legal was saying could not be done but that
other cities were moving forward with and why those would not be good for Denton.
Mayor Burroughs suggested preparing it by city and also show items that other cities have or do
not have that Denton might want to consider.
Council Member King felt that Council should follow the task force outline and not go back and
redo everything the task force had already done as that would be redundant.
Council Member Watts stated that there were 44 approved and recommended issues from the
task force and 30 were not approved either by unanimous vote or split vote. It was being
suggested to see why those were not included. Then there would be an ordinance that might
include items from other cities that had not been thought of and all of that would be thrown into
the hat with the scientific task force with lots of meetings. Council would then decide on all of
these issues what to include in ordinance. He questioned if that was the process that was being
suggested.
Council Member Roden stated that the minority report was less than 30 recommendations. He
just wanted a rational as to why those were not included.
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Council Member Watts stated that the minority report was issued to give the other side of the
story and because there was some controversy on who voting, etc. on the task force. The
minority report wanted to address that plus present that the results could have been different. He
did not have a problem with the number of items to consider.
Mayor Burroughs stated that he was comfortable with the items that were unanimous on the
committee and with the items with a 0-5 vote which were not included. He was interested in the
topics with a mixed vote and felt those were important.
Council Member Engelbrecht did not feel that the changing of the approach in mid-stream was
reflecting negatively on the task force and had not considered this issue before as technology and
regulations were changing rapidly.
Council Member Watts stated that with the information that was to be forwarded, he would like
to see a review from Legal concerning litigation possibilities. What was realistic and reasonable,
what might be challenged and who would challenge.
Council Member Gregory asked to include who prevailed.
Groth stated that staff would show some of the alternatives based on what other cities were doing
such Flower Mound or Fort Worth. Staff would break down each recommendation and give
possible ways to address those to get to draft options rather than give raw data.
Mayor Burroughs stated that he did not need to see what other cities did with the items that were
unanimous as that was what the task force did. It was the ones with no consensus with alternate
options that he would need to see what other cities did and other options.
Groth stated that staff could provide the recommendation and what it would mean to the city of
Denton. He continued with a review of the 2011 and 2012 annual inspection figures. He also
presented information concerning compliance inspections.
Council Member Gregory stated that the payment of fees could be part of the process for issuing
new permits and whether or not the permits would be issued. Outstanding balances could not get
a new permit.
Groth continued with information concerning the moratorium. On February 7, 2012 Council
approved Ordinance 2012-024 which imposed a moratorium on the receipt, processing and
approval of certain oil/gas applications. The current 120-day moratorium would expire on June
6, 2012. It was projected that it would be approximately 4 months before a newly drafted
ordinance would be presented during a Council public hearing. The timeframe might vary based
on legal and scientific review length and necessary time to incorporate suggested revisions. The
task force public meeting notification period could also alter the schedule.
Council Member Roden stated that the public needed an explanation on the compliance time
frame that was allowed.
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Council Member Gregory requested a report on the number of abatements, number of citations
and amount of fines.
Consensus of the Council was to extend the moratorium.
Following the completion of the 2nd Tuesday Session, the Council convened in a Closed Session
at 6:10 p.m. to discuss the following:
1. Closed Session
A.Consultation with Attorney - Under Texas Government Code Section 551.071,
Deliberations regarding Economic Development Negotiations - Under Texas
Government Code Section 551.087.
1.Receive a report and hold a discussion regarding legal issues on matters
regarding the leasing of land and financing of a City facility on University
of North Texas property located at I-35 and North Texas Boulevard where
such discussion presents a conflict between the duty of the City's attorneys
to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas and the provisions of the
Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
Also hold a discussion regarding the leasing of land and financing of a
City facility for economic development purposes on University of North
Texas property located at I-35 and North Texas Boulevard, including
financial information related to such activities from a business prospect.
Council reconvened into Open Session at 7:00 p.m. and with no further business, the meeting
was adjourned at 7:00 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS