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November 06, 2012 Minutes CITY OF DENTON CITY COUNCIL MINUTES November 6, 2012 After determining in Open Session that a quorum was present, the City Council convened in a Closed Session on Tuesday, November 6, 2012 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden ABSENT: None 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. 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. 2.Consultation with the City's attorneys regarding legal issues associated with the creation of a public improvement district for the Rayzor Ranch mixed-use development, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the 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 potential litigation. This item was discussed during the second Closed Session following the regular meeting. 3.Consult with City's attorneys regarding legal rights, restrictions and obligations under Texas law, associated with overlapping extraterritorial jurisdictions claimed by municipalities neighboring the City of Denton, Texas, where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation. This item was discussed during the second Closed Session following the regular meeting. City of Denton City Council Minutes November 6, 2012 Page 2 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 fee acquisition of a tract of land for public purposes situated in the Gideon Walker Survey, Abstract Number 1330, in the City of Denton, Denton County, Texas, generally located in the 650 block of South Mayhill Road. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the 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 regarding expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility. 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 William Roark Survey, Abstract No. 1087, the James L. Harris Survey, Abstract No. 555, and the J. Edmonson Survey, Abstract No. 401, Denton County, Texas, and located generally at the northeast and southeast corners of the intersection of Vintage Boulevard and Bonnie Brae Street, and (2) in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2100 block of South Bonnie Brae Street), 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. 3. 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, and located generally in the 200 block of North Mayhill Road and (2) in the Morreau Forrest Survey, Abstract Number 417, City of Denton, Denton County, Texas, and located generally in the 600 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 City of Denton City Council Minutes November 6, 2012 Page 3 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. Following the completion of the Close Session, the Council convened into a Work Session. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for November 6, 2012. Mayor Burroughs noted that there had been a number of revisions to the Consent Agenda Item 4M relating to the food truck ordinance as a result of Monday’s meeting and he was going to pull it for individual consideration in order to advise the public of those changes. 3.Receive a report, hold a discussion, and give staff direction regarding the Phase II amendments of the City's Gas Well Ordinance. Darren Groth, Gas Well Administrator, presented an update on the gas well ordinance. The Overview of the presentation would include (1) Phase II Timeline, (2) prior actions, (3) background information, (4) AIS exhibits and (5) substantive changes between the 1st and 2nd ordinance drafts. Groth reviewed the timeline revisions. A third Planning and Zoning Commission meeting was th added for November 28. The December 4th City Council meeting did not include the Phase II th ordinance revision items. A public hearing was scheduled for the Council’s December 18 meeting. st Prior actions - The Advisory Gas Well Task Force held a public meeting on October 1 with city staff presenting a list of proposed changes to the draft ordinance. The draft ordinance was posted nd online for public review and comment on October 2. Public comments were accepted through th October 12. Twenty-five comments were submitted during the 11 day comment period. The Task Force met again on October 22nd to review the draft ordinance changes made since the October 1st meeting. The Planning and Zoning Commission held a public hearing on October th 24 to receive public comments for the revisions. The public hearing was continued to the th November 14 Commission meeting. st Background information – Council was previously briefed by staff during the January 31 work session during which staff presented the make-up, status and progress of Gas Well Task Force. th During the May 8 work session, staff summarized the Task Force process and updated Council on the Phase II revisions. At that meeting, Council requested additional information that included (1) Task Force action item voting results, (2) action items receiving a split vote, and (3) issues not discussed by the Task Force, but addressed in other municipal regulations. The initial draft ordinance was edited solely based on the Task Force recommendations and then presented City of Denton City Council Minutes November 6, 2012 Page 4 stst during the October 1 Task Force meeting. The October 1 draft was also forwarded to legal, scientific, and technical advisors for comment. Groth reviewed the Agenda Information Sheet exhibits that were included in the backup materials. Council Member Watts stated that under excluded items was the provision for old well bores. He felt that might need further review. Mayor Burroughs stated that drilling into other well bores might be just drilling with no separate distinction. Mayor Pro Tem Kamp asked about the ambient noise report. It appeared that Denton would not be requiring noise mitigation while other cities did have that requirement. Groth stated that there was an ambient noise level established if the noise level went over 75 decibels. There was no plan required as the ordinance already had a standard decibel level. He continued with notable differences in some of the exhibits. The term “on-site storage” related to the storing of non-drilling items on the site. Council Member Gregory stated that it appeared that all other cities prohibited on-site storage but Denton was not. Groth stated that it was already in the current ordinance. Council Member Gregory suggested considering adding an on-site storage prohibition to the proposed ordinance and not just have it in the current ordinance. Council Member Roden suggested adding a column with the Denton proposed ordinance changes. Council Member Engelbrecht asked about the landscape timing as he thought other city regulations had it varied for the time of the year. Groth stated that it was based on a certain development trigger such as a certificate of occupancy. A determination would be needed if the trigger did not start the time line. Mayor Burroughs suggested tying it to the issuance of a drilling permit unless the time of year was not appropriate. Council Member Engelbrecht asked about irrigation requirements. Groth stated that those were located in other city provisions. Some regulations might not apply due to the lack of services in some areas. Council Member Engelbrecht suggested separate requirements for the type of development or have native plants required. City of Denton City Council Minutes November 6, 2012 Page 5 Groth stated that wording could include “landscaping where applicable”. The next notable difference was fracturing and frac pits. Council Member Gregory asked if the new draft excluded frac pits inside the city limits. Groth stated that the proposed draft had provisions for when the well was developed. Council discussed the use of frac pits and whether they were needed for fracturing. Mayor Burroughs suggested creating another chart for a comparison of items of more concern rather than an exclusion chart. The issue of a mud pit could be placed on that chart. The minority report and DAG recommendations could also be addressed. He suggested that if Council had a topic not brought out and it was not clear that there was an outcome, the council member could notify Groth to add it to the list and then notify the entire Council that it had been added. Groth continued with the notable differences which included multiple gas well permits, site development time limits and emergency responder training. Mayor Burroughs stated that with multiple gas well permits, if the site that met all of the positives that it would be good to utilize multiple drilling from that one location. Encourage multiple gas well permits to get the drilling completed sooner. Council Member Gregory noted that three other cities had reduced emissions requirements while it appeared that Denton did not. He wanted to make sure that the final draft would have those provisions. Mayor Pro Tem Kamp asked about the emergency responder training and what the Fire Department felt about who would be trained. Groth stated that in his conversations with the Fire Department, they felt their personnel were already trained and that they were already participating in training opportunities. Council Member Engelbrecht asked if anyone had addressed emergency responder equipment or supplies. He suggesting having the Fire Department come in for the next review to present information on what they plan to do with a potential well fire and how was that conducted. Council Member Gregory stated that he had received emails from the public about not having fracking. He asked Groth to explain fracking. Groth stated that fracturing was an actual process during the preparation of a site. That process was 7-10 days after the well was drilled and had to occur during the daylight hours. If fracking was prohibited, the well would not produce. Council Member Gregory asked if the City could prohibit fracking. City of Denton City Council Minutes November 6, 2012 Page 6 City Attorney Burgess stated that fracking was highly regulated with strong preemption issues. It was regulated by a state agency and not a city. Council Member Roden questioned where drilling fell in zoning categories and the provisions for requiring a specific use permit for drilling. Groth stated that no other city used zoning to prohibit drilling. Other cities had provisions but not zoning regulations. Mayor Burroughs felt that if policymakers wanted to encourage drilling in a particular zoning area, it might be that regulations were easier in those locations. For example, if drilling was encouraged in industrial areas there might be less regulations to encourage drilling there over residential areas which might have stricter regulations. Council Member Roden asked if any of the cities had incentive programs apart from regulations to encourage best practices. Groth stated that he did not find any in Texas. Groth reviewed a table with summary of substantial items that were changed. Council requested that the list of summary of changes be put in the Council’s drop box. 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. America Recycles Day Mayor Burroughs presented the proclamation for America Recycles Day. 2. Presentation of the Texas Association of Telecommunications Officers and Advisors (TATOA) awards Billy Matthews stated that Public Communications had just received eight awards from the Texas Association of Telecommunications Officers and Advisors. City of Denton City Council Minutes November 6, 2012 Page 7 3. CITIZEN REPORTS There were no citizen reports. 4. CONSENT AGENDA Mayor Burroughs stated that he would like to pull Item M for separate consideration for a staff presentation. Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exception of Item M and with the substitute ordinance for Item T. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Resolution No. 2012-037 A.Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date. The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2012-295 B.Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $2,961,218 to facilitate the purchase of General Fund vehicles and equipment, and providing an effective date. Ordinance No. 2012-296 C.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of four ambulances for the City of Denton Fire Department; and providing an effective date (File 5080- Purchase of Four Frazer Type I Ambulances awarded to Knapp Chevrolet in the amount of $636,500). Ordinance No. 2012-297 D.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of four dump trucks for the City of Denton Streets Department; and providing an effective date (File 5098-Purchase of Four Dump Trucks for City of Denton Streets Department awarded to Rush Truck Center, Crane in the amount of $534,108). City of Denton City Council Minutes November 6, 2012 Page 8 Resolution No. R2012-038 E.Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Ordinance No. 2012-298 F.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a grant agreement for Four Hundred Seventy-Two Thousand One Hundred Forty Dollars And Fifteen Cents ($472,140.15) from the Texas Department of Housing and Community Affairs Emergency Solutions Grant Program (previously known as Emergency Shelter Grant program) and take all other actions necessary; and providing for an effective date. Ordinance No. 2012-299 G.Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 5083- Electrical Energy Transmission Fees for fiscal year 2012-13 in the total amount of $1,677,079.53). The Public Utilities Board recommends approval (6-0). Ordinance No. 2012-300 H.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute contracts through the State of Texas Smart Buy Program and the Houston Galveston Area Council of Governments (H-GAC) for the acquisition of a Utility Truck and Fluid Excavator for the City of Denton Wastewater Department; and providing an effective date (File 5081-Purchase of Utility Truck from Sam Pack's Five Star Ford (Texas Smart Buy) in the amount of $73,608.88 and Fluid Excavator (H-GAC) from EKA, Inc. in the amount of $69,505.01 for a total award of $143,113.89. The Public Utilities Board recommends approval (6-0). Ordinance No. 2012-301 I.Consider adoption of an ordinance accepting competitive bids by way of an interlocal cooperative purchasing program participation agreement with the Lower Colorado River Authority pursuant to Section 271.102 of the Texas Local Government Code, for the purchase of high voltage circuit breakers; providing for the expenditure of funds therefor; providing an effective date (File 5095- Interlocal Cooperative Purchasing Program Participation Agreement for the purchase of electrical equipment with the Lower Colorado River Authority awarded to Siemens Energy, Inc. in the estimated amount of $4,712,560). The Public Utilities Board recommends approval (6-0). Ordinance No. 2012-302 J.Consider adoption of an ordinance authorizing the City Manager or his designee to execute a contract by and between the City of Denton, Texas and G2 Electrical Testing and Consulting, LLC., a Texas Limited Liability Corporation, for highly technical personal services related to the protection and control of electric City of Denton City Council Minutes November 6, 2012 Page 9 infrastructure to be rendered to the City of Denton, Texas (Denton Municipal Electric); authorizing the City Manager to expend funds therefor in accordance with the contract; and providing an effective date (File 5058-G2 Electrical Testing and Consulting, LLC. in an amount not-to-exceed $1,035,573). The Public Utilities Board recommends approval (6-0). Ordinance No. 2012-303 K.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement by and between the City of Denton, Texas and Black & Veatch, Inc. for electric design and engineering services for a relay coordination study incident to the Denton Municipal Electric Transmission System; authorizing the expenditure of funds therefor; providing an effective date (File 5089-in an amount not-to-exceed $564,000). The Public Utilities Board recommends approval (6-0). Ordinance No. 2012-304 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 the sale of City of Denton scrap electrical wire, metals, electric meters and water meters to Fulton Supply and Recycling, Inc.; and providing an effective date (RFP 5022-awarded to Fulton Supply and Recycling per the contract pricing shown on Exhibit A). Ordinance No. 2012-306 N.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, by and between the City of Denton (the "City"), and CS Residential, Inc. (the "Seller"), contemplating the sale by Seller and purchase by City of a 1.926 acre tract of land, for the purchase price of Two Hundred Twenty Eight Thousand Six Hundred Fifty Two Dollars and No Cents ($228,652.00), said real property being generally located along the south line of Virginia Circle, south of University and located in the R.B. Longbottom Survey, Abstract Number 775, Denton County, Texas; authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transactions contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project Parcel 27 Purple Route) The Public Utilities Board recommends approval (5-0). Resolution No. R2012-039 O.Consider approval of a resolution of the City of Denton, Texas, approving the implementation of a public involvement process for upcoming Denton Municipal Electric Capital Improvement Projects for the siting of electric substations and the routing of electric transmission lines; and providing an effective date. The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes November 6, 2012 Page 10 Resolution No. R2012-040 P.Consider approval of a resolution allowing the Denton Community Theatre to be the sole participant allowed to sell alcoholic beverages at the Beaujolais and More on November 15, 2012, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Staff recommends allowing alcohol to be sold in the Civic Center for the Beaujolais event. Approved the minutes listed below. Q.Consider approval of the minutes of: October 16, 2012. October 29, 2012 Ordinance No. 2012-307 R.Consider adoption of an ordinance approving a pipeline crossing contract by and between the City of Denton, Texas and the Kansas City Southern Railway Company relating to the location of a City water pipeline within railroad right-of- way, located immediately south of said railroad right-of-way's intersection with US Highway 380 at mile post 105.88, alliance subdivision within the county and City of Denton Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (7- 0). Ordinance No. 2012-308 S.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Children's Advocacy Center for Denton County, Incorporated for providing aid to the City of Denton Police Department in the investigation of child abuse cases; providing client and clinical services to victims of child abuse and non-offending family members; providing for the expenditure of funds therefor; and providing for an effective date. Ordinance No. 2012-309 T.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 hereto and made a part hereof as Exhibit "A", by and between the City of Denton (the "City"), and Unified Aircraft Service, Inc., a California Corporation (the "Seller"), contemplating the sale by Seller and purchase by City of a 5.140 acre tract of land more or less, being generally located in the 650 block of Mayhill Road and known as Lot 1, Block A, of Mayhill Road Addition, an Addition to the Extraterritorial Jurisdiction of the City of Denton, Denton County, Texas (the "Property Interests"); for the purchase price of Two Million Seven Hundred Ninety Five Thousand Dollars and No/100 dollars ($2,795,000.00); 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; authorizing, to the extent applicable, relocation expenditures; and providing an effective date. City of Denton City Council Minutes November 6, 2012 Page 11 Ordinance No. 2012-310 U.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between Joab Partners, L.P., a Texas limited partnership, as Owner (herein so called), and the City of Denton, Texas, as Buyer, regarding the Sale and Purchase of fee simple to a 0.58 acre tract situated in the James L. Harris Survey, Abstract No. 555 and the William Roark Survey, Abstract No. 1087 and located in the City of Denton, Denton County, Texas, as more particularly described in the Purchase Agreement, located generally northeast of the intersection of South Bonnie Brae Street and Vintage Parkway (the "Property Interests"), for the purchase price of Eighty Six Thousand, Six Hundred Thirteen Dollars and No Cents ($86,613.00), and other consideration, as prescribed in the Purchase Agreement; 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 Purchase Agreement; authorizing the expenditure of funds therefore; and providing an effective date. (Bonnie Brae Widening and Improvements project - Parcel 58) Ordinance No. 2012-311 V.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between Joab Partners, L.P., a Texas limited partnership, as Owner (herein so called), and the City of Denton, Texas, as Buyer, regarding the Sale and Purchase of fee simple to a 0.73 acre tract situated in the James L. Harris Survey, Abstract No. 555, the J. Edmonson Survey, Abstract 401 and the William Roark Survey, Abstract No. 1087 and located in the City of Denton, Denton County, Texas, as more particularly described in the Purchase Agreement, located generally southeast of the intersection of South Bonnie Brae Street and Vintage Parkway (the "Property Interests"), for the purchase price of Fifty Three Thousand, Three Hundred Eighty Seven Dollars and No Cents ($53,387.00), and other consideration, as prescribed in the Purchase Agreement; 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 Purchase Agreement; authorizing the expenditure of funds therefore; and providing an effective date. (Bonnie Brae Widening and Improvements project - Parcel 60) Ordinance No. 2012-312 W.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.121 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 200 block North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) D.J. Halsey or Katherine H. Halsey, Trustees, or their successors in trust, under the Don and City of Denton City Council Minutes November 6, 2012 Page 12 Kay Halsey Living Trust (the "Owner"); (2) successors in interest to the owner of the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the Purchase Price of Thirty Four Thousand Nine Dollars and No Cents ($34,009.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project - Parcel M077) Ordinance No. 2012-313 X.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.586 acre tract located in the Morreau Forrest Survey, Abstract Number 417, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 600 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Miles Land Company, Inc., a Texas corporation (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other Owner's of the Property Interests, as may be applicable, to purchase the Property Interests for the Purchase Price of Sixty Three Thousand Six Hundred Ninety One Dollars and No Cents ($63,691.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefore; and providing and effective date. (Mayhill Road Widening and Improvements project - Parcel M104) Ordinance No. 2012-314 Y.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.156 acre tract located in the Morreau Forrest Survey, Abstract Number 417, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 600 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Kukahi Corporate Solutions, Inc., a Texas corporation (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other Owner's of the Property Interests, as may be applicable, to purchase the Property Interests for the Purchase Price of Twenty Five Thousand Seven Hundred Three Dollars and No Cents ($25,703.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefore; and providing and effective date. (Mayhill Road Widening and Improvements project - Parcel M105) Council considered Item M. City of Denton City Council Minutes November 6, 2012 Page 13 Ordinance No. 2012-305 M. M. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 13 (Food and Food Service Establishments) of the City of Denton Code of Ordinances by deleting Articles I, II, III, IV, V and VI in their entirety; adopting the Texas Food Establishment Rules promulgated by the Texas Department of State Health Services and making related deletions and amendments thereto; providing a severability clause; providing a savings clause; providing for a penalty not to exceed $2,000 for violations of this ordinance; and providing for an effective date. Kurt Hansen, Building Official, stated that the following changes were made to the proposed ordinance following Monday’s work session: (1) Community market definition was amended to allow for agricultural products produced by farmers, (2) a section was deleted regarding a food handler card as it was a duplicate section, (3) community based events were added to temporary events, (4) the different classes of mobile food establishments were added plus the food items for Class IV were added to be allowed in Class III, (5) temporary food permits were added back in community based events, and (6) a fee for the mobile Class IV was added. Council Member Rode asked about the definition of “community based event” and whether that was a single event or celebration. There were community based events that were held more than once a year such as First Fridays or quarterly events. He suggested taking out the last line of the definition to allow for such events. Hansen stated that the wording was from the State Food Establishment rules and probably should remain in the wording. Council Member Roden stated that he wanted to capture certain events that already happened or might happen. He questioned if Council wanted to change the wording or make community based events only once a year events. Hansen stated that the City could have as many City sponsored events as it wanted to support. City Manager Campbell suggesting adding “continuous” to the wording. Council Member Gregory agreed with changing the wording or also suggested keeping the wording the same for the six month trial period and changing it if a problem was presented during that time frame. City Manager Campbell stated that staff understood the intent of the Council and suggested leaving it as it was to see if a problem came up and if so, then determine on how to amend the wording. Mayor Burroughs suggested staff keep tabs independently on items that might be of concern for future Council discussion. City of Denton City Council Minutes November 6, 2012 Page 14 Council Member Engelbrecht stated that in the event there was a problem with only one area, staff could present the item to Council similar to a noise exception or individual beverage permit request. That would be a one-time approval until the entire ordinance was changed. Hansen stated that there would always be an opportunity to amend the ordinance. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider nominations/appointments to: 1. Human Services Advisory Committee 2. Parks, Recreation and Beautification Board Council Member King nominated Ira Weinstein to the Human Services Advisory Committee and Council Member Engelbrecht nominated Maria Renner to the Parks, Recreation & Beautification board. Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the nominations. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. First Reading B. 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 City of Denton City Council Minutes November 6, 2012 Page 15 which this ordinance is passed is open to the public; providing for severability; and providing an effective date. (First Reading) Tony Puente, Assistant Director of Finance, stated that this would be a ten year agreement renewal of Oncor’s franchise agreement which was similar to the previous agreement. The proposed agreement consolidated several settlement agreements over the past 10 years. The fee to customers would remain the same. The Charter required three readings of a franchise ordinance. The agreement would go into effect after acceptance by Oncor after the third reading. Council Member Engelbrecht asked where the public could go to get a full reading of the agreement. Puente stated that a copy would be on file in the City Secretary’s Office. No vote was taken on this item at this time. 6. PUBLIC HEARINGS Ordinance No. 2012-315 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No 99-205 to amend the concept plan for 27.945 acres located within Planned Development 174 (PD-174) zoning district; generally located on the north side of Crawford Road, and the west side of John Paine Road, being north and west of the Town of Argyle, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (PDA 12-0001) The Planning and Zoning Commission recommends approval (7-0). Mayor Burroughs noted that Items A and B on the public hearings would be considered at the same time. Brian Langley, Interim Director of Planning and Development, presented information on A and B which was for St. Mark’s Catholic Church. Item A was proposing to reclassify one of the two school sites in the Planned Development and a portion of an area designated for single family residential uses to a church and education facility land uses. The applicant was proposing specific development standards and permitted uses for the proposed church site. Changes included modifications to the sign plan and landscape plan. Building elevations and designs were shown which would be the actual construction of the church facility. The Planning and Zoning Commission recommended approval of the concept plan as well as the detailed plan with the following conditions: (1) the improvements to John Paine Road must be completed with Phase I on the development and (2) if Education Drive was not abandoned, the sign proposed at the intersection of Meandering Creek and Education Drive would have to be moved out of the right-of-way. City of Denton City Council Minutes November 6, 2012 Page 16 Council Member Gregory noted that the notification map displayed at the meeting was different than the one in the agenda backup. The opposition notice was not shown in the backup materials. Lockley stated that the opposition was not in the city limits. Council Member Engelbrecht stated that the applicant had requested that the improvements to John Paine Road be delayed until Phase II. He asked for a description of Phases I and II. Lockley stated that Phase I included the Administration/PAC building, and the Religious Education building. The sanctuary and future phases to the north were in Phase II. Staff was requesting the improvements in Phase I so development did not get out in front of the infrastructure. Council Member Engelbrecht stated that there were some issues with the variance in terms of a cul-de-sac and the requested use of interior parking for that. He questioned if the Planning and Zoning Commission recommended that variance. Lockley stated that the Planning and Zoning Commission did recommend the variance. Mayor Burroughs noted that John Paine Road currently was not a through road. Council Member Engelbrecht stated that it connected to Johnson to the north but was a gravel road and not improved. The Mayor opened public hearings for Items A and B. Larry Reichhart, Springbrook Planning Group, presented the details of the proposal. It was their request to defer the improvements for John Paine Road to Phase II which was the construction of the sanctuary. Mayor Pro Tem Kamp asked about the corrected dimensions on the signs that were proposed. Council Member Engelbrecht questioned if the Administration/PAC and Education Building were schools. Reichhart confirmed that they were not for a school. Council Member Engelbrecht questioned if the neighborhood would be allowed to use some of the church’s meeting space if it needed to hold a neighborhood meeting. Reichhart felt that would be agreeable to the developer. Council Member Roden asked about the time line from Phase I to Phase II. Reichhart stated that within 5 years Phase II would be started. City of Denton City Council Minutes November 6, 2012 Page 17 Council Member Roden asked for a clarification on the statement that if portions of John Paine Road were improved, it would have to be buttoned. Reichhart stated that because the road did not connect, it would be controlled by Argyle. The road would have to be striped or buttoned to get drivers back into the correct lane because it would not go anywhere. According to their traffic impact analysis, the proposal would have no impact on the road. Mayor Burroughs asked about the amount of traffic on John Paine Road and how congested was it. Reichhart stated that the road was designed to service the entire subdivision. It was designed to handle peak traffic. Council Member Engelbrecht questioned that to put in the lane would not help the intersection. Reichhart stated that the intersection was the problem and that the lane would not help that. The Mayor closed the public hearing. City Attorney Burgess noted that the current ordinance for Item B required the improvement to John Paine Road during Phase I. If Council wanted to postpone the improvement to Phase II the motion would have to indicate that. Mayor Burroughs also noted that the issue of the correct signage proportion would have to be addressed in the motion. Mayor Pro Tem Kamp motioned, Council Member King seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Ordinance No. 2012-316 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinances 99-205 and 99-350 to amend the detailed plan for 108.3 acres located within Planned Development 174 (PD-174) zoning district; generally located on the north side of Crawford Road, and the west side of John Paine Road, being north and west of the Town of Argyle, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (PDA 12-0002) The Planning and Zoning Commission recommends approval (7-0). The public hearing for this item was held with Item A. Council Member Engelbrecht motioned, Council Member King seconded to adopt the ordinance with the movement of the sign on Education Drive, the dimensions of the sign as noted to the City of Denton City Council Minutes November 6, 2012 Page 18 correct proportions and the completion of John Paine Drive to be done in Phase II. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Ordinance No. 2012-317 C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending an overlay district and approving an amendment to the First United Methodist Church Special Sign District for 4.141 acres of land which is located at 201 S. Locust Street and platted as Lot 1R, Block 23, Old Town Denton Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (SD 12-0001) The Planning and Zoning Commission recommends approval (6-0-1). Bryan Lockley, Interim Director of Planning and Development, stated that the First United Methodist Church was proposing to amend the approved Special Sign District to permit the installation of a non-illuminated wall sign to the western building elevation of the existing church. This sign was not included in the original approved sign plan for the district. It would also allow for banners along Locust and Sycamore and in their parking lot. Long range planning would include the use of a LED monument sign. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Mayor Pro Tem Kamp asked about the vote by the Planning and Zoning Commission. Lockley stated that one member abstained due to a family member owning property within 200 feet. Council members who were members of the church could vote on the proposal and did not have to abstain. Council Member Engelbrecht motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Ordinance No. 2012-318 D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a initial zoning designation of Industrial Center General (IC-G) zoning district classification and use designation, on 25.03 acres of land located east of Corbin Road and south of Shelby Lane; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a City of Denton City Council Minutes November 6, 2012 Page 19 severability clause and an effective date. (Z12-0008) The Planning and Zoning Commission recommends approval (7-0). Bryan Lockley, Interim Director of Planning and Development, presented the details of the item. This was a request to rezone the Corbin Business Park to Industrial Center General. The current zoning was Rural Residential 5X which was the initial zoning from annexation. The proposed zoning would be compatible to the surrounding property and met the provisions for the zoning amendment. It was anticipated that the site would be developed for industrial uses. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed public hearing. Council Member Engelbrecht motioned, Council Member King seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 7. CITIZEN REPORTS There were no citizen reports. 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Watts requested an update on the study for a crosswalk signal at the intersection of Welch and Eagle. City of Denton City Council Minutes November 6, 2012 Page 20 Mayor Pro Tem Kamp noted the Salvation Army bell ringing ceremony to the held at the Campus Theatre. Council Member Engelbrecht noted that DentonRadio.com was new and was now providing music for the community. Mayor Burroughs noted that Council needed to return to 5B regarding the Oncor franchise agreement to consider a vote on the item. B. 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. (First Reading) Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Council returned to the regular agenda order. 8. CONCLUDING ITEMS B.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs noted that Council would return to the Closed Session to complete the items not discussed earlier. City of Denton City Council Minutes November 6, 2012 Page 21 Following the completion of the Closed Session, the Council convened back into Open Session and with no further business, the meeting was adjourned. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS