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October 16, 2012 Minutes CITY OF DENTON CITY COUNCIL MINUTES October 16, 2012 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, October 16, 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. Citizen Comments on Consent Agenda Items There were no citizen comments submitted for this item. 2. Requests for clarification of agenda items listed on the agenda for October 16, 2012. Council Member Roden asked if there were criteria used to determine which agency received what amount of money versus another agency for the hotel occupancy tax funds. Mayor Pro Tem Kamp stated that there were a number of criteria developed over the years. Funding was normally not provided for start-up organizations but rather for organizations with at least a year of experience. The amount provided was based on various factors such as background information, application and the type of program. Council Member Roden asked if the organization was asked to justify the reason for receiving hotel occupancy tax funds. Mayor Pro Tem Kamp replied yes and that some information was received from the Police Department on the number of participants in an event and some data was received from the hotels on the number of people in their rooms during an event but that was not the primary criteria. Council Member Gregory stated that from time to time, Council received a lengthy report on economic impact and that information showed up in the background information. Organizations often provided that information when requesting funds. Assistant City Manager Martin stated that Consent Agenda Item EE had been reviewed by the Audit/Finance Committee this afternoon and was approved by a vote of 3-0. Mayor Burroughs stated that he was going to pull Consent Agenda Items A, B and C and ask Barbara Ross to present information on the three programs. He wanted the public to know that these programs were in a state of flux on the federal level for funding. He stated that if and when these programs were affected, the City would let the public know what was going on with the programs. This was not a city problem but rather a federal problem. Mayor Burroughs also indicated that he would be reading the Consent Agenda items had dealt with the hotel/motel occupancy tax funds to let the public know what these funds were being used for. City of Denton City Council Minutes October 16, 2012 Page 2 3. Receive a report, hold a discussion and give staff direction regarding the intent to develop a legal process for Tree Trusts as a mitigation option for the Denton Development Code, Subchapter 35.13.7, and the creation of a Tree Fund Advisory Committee to make recommendations on the criteria used to purchase properties, and suggest guidelines for Tree Fund expenditures for community education, as well as planting new trees to increase Denton's tree canopy. Brian Lockley, Interim Director of Planning and Development, stated that staff had prepared a presentation for Council direction regarding the process for two of the existing tree mitigation options - tree trusts and tree funds. Staff was proposing to implement these two items; however, there would not be a discussion on the tree code but rather just on these two mitigation options. Angie Kralik, Urban Forester, stated that the purpose of the tree preservation and landscape requirements (Tree Code) was first to preserve tress, particularly the Cross Timbers Forest and existing tree canopy. A second purpose was to facilitate site design development and construction to consider trees during the beginning of the development process and third to put limits on the removal of trees during the development process. Mitigation was based on the species, size of the tree and size of the tract. There were three options currently available to use; tree planting, paying into the tree fund which was the easiest and most used; and applying for an alternative tree plan. Tree fund – tree funds were to be used for these very specific purposes (1) the purchase, planting and maintaining of trees on public property, (2) to preserve wooded property, (3) to perform/maintain a city-wide tree inventory, and (4) to educate citizens and developers on the benefits and value of trees. Currently the tree fund had $1.1 million which had been accumulated since 2004. The fund had been used once in 2010 for a canopy coverage data for Denton and ETJ at a cost of $50,000. At that time, it was determined that Denton had a 19% tree canopy. The recommended canopy was 35-40%. The canopy of a number of surrounding cities was reviewed. Council Member Gregory asked that Council be provided that listing of other cities with tree coverage. Mayor Burroughs noted that Denton was the cross roads between the Great Plains and the Cross Timbers Forest. He asked if there was any way look at historically at the City and segregate that part of the City that should be forested because it used to be treed and that portion that was not supposed to be treed. Kralik stated that development definitely had an impact on the tree stands. City roads and infrastructure was not here long ago and those had impact on the environment and the quality of citizen environment. She suggested taking into consideration that trees could live in the Great Plains area as well as the Cross Timbers Forest. Tree Fund Committee – staff was requesting Council appoint a Citizen Committee to develop the criteria for Tree Fund land acquisitions. Staff was also proposing a staff advisory committee to make recommendations for use of the funds based on the citizen criteria. The Committee would provide a matrix on what areas were most important. City of Denton City Council Minutes October 16, 2012 Page 3 Council Member Roden asked if there was currently something in the policy that put a percentage to each of those categories. Kralik stated that there was nothing written in the Code but she had a percentage for herself and how to use the funds. The majority was for purchasing of property to preserve the trees. Council Member Roden asked if there would be any value to look at other categories and have criteria for those. Kralik stated that could be done if Council wanted. Council Member Gregory stated that out of the $1.1 million in the fund, only $50,000 had been spent. One of the uses for the fund was to purchase, plant and maintain trees which was already being done with the City tree farm. He question how that activity was being funded. John Cabrales, Assistant City Manager, stated that many plantings in the community came from Keep Denton Beautiful. Keep Denton Beautiful also worked with other agencies to help plant trees in the community. Council Member Gregory asked for a report on the money the City was spending either through Keep Denton Beautiful or other means for the purchasing, planting and maintaining of trees. In terms of land acquisitions, he suggested considering a committee recommendation to survey the parks and along with the Parks Advisory Board look at land the City already owned and designate some of that for preservation. Tree Trusts - another mitigation option not used very often was the tree trust. The requirements for a tree trust included (1) Cross Timbers Forests of no less than one acre, (2) had to be approved by the Development Review Committee Chairman, (3) a permanent easement would be provided that would limit any future land disturbing activity, (4) tree trusts would go towards mitigation inches only, (5) required preservation would not count towards Tree Trust mitigation, and (6) floodplains, wetlands and riparian areas would not count. Mitigation was an option in lieu of paying into the tree fund, replanting onsite or developing an alternative tree plan. This was not a simple process and a detailed legal process was needed for this option. Tree trusts could be implemented in one of two ways (1) the developer would deed the property to the city or (2) a private landowner placed a conservation easement on the property through a third party and the developer purchased the tree credits. Council Member Watts stated that he would not want to have a process where there might be an area with a large clump of trees which would signal a developer to clear cut everything and then end up with a large grove of trees on the outskirts of the City. The property might be worth more money with selling the tree credits which would be the valued asset. Kralik stated that tree preservation would still be required on development sites. The landscape ordinance required planting so it would not take away from those required plantings. The next steps for the tree trusts would be to (1) identify a contractor, (2) begin developing the detailed legal criteria, and (3) provide updates to the City Council as the process developed. City of Denton City Council Minutes October 16, 2012 Page 4 Staff was also requesting that the Council appoint a short term criteria committee to begin developing criteria with citizens. Mayor Burroughs stated that he would like to avoid using the tree fund for the payment of the contractor. There was a statement in the backup dealing with the creation of a matrix to be used by staff to select tracts of land to purchase. He felt that statement was incorrect and that a citizen committee would be relied on to do outreach and identify tree stands. Staff would not determine what tracts to purchase but the citizens committee. He also felt that the Council Committee on the Environment could make recommendations from that list. Council Member Gregory stated that he would like citizens to take the initiative but staff should not take the initiative on tracts to purchase. Kralik stated that a concern with having a committee proposing specific sites might be one of confidentiality that the City was considering the purchase of property and the cost might go up due to that. Citizens could make recommendations but staff would not be in favor of having a committee recommending the parcels. Council Member Roden stated that the Committee could have a closed session on the tracts similar to a Council closed session. He questioned if the Mayor was suggesting a standing committee rather than a short term committee. Mayor Burroughs felt that a short term committee for the criteria and a long term committee for the purchasing of the tracts would be appropriate. Council Member Engelbrecht requested an estimate of the costs per acre on maintaining the property. A choice could be to either have the property parceled out for a distribution of the forest or use the Central Park model to get all of it in one area. He would like the Committee to study a policy in regard to that. He noted that the goal was only to purchase property and questioned why there was no goal for a donation as another option. Kralik stated that would be a viable option. Mayor Pro Tem Kamp asked at what point would Council decide on the number of members and whether it would be a more permanent committee. Assistant City Manager Martin felt that staff could develop a proposal for Council consideration with options on how to formulate the committee, etc. Mayor Pro Tem Kamp suggested keeping the size of the committee similar to the size of current advisory committees with 7 members and possibly a couple of alternates. This would be a council appointed committee. Mayor Burroughs suggested that when time came, it would be good to get this information on the City website for citizen involvement. Council Member Gregory suggested rethinking the ordinance on whether to have the standard be canopy or tree inches. City of Denton City Council Minutes October 16, 2012 Page 5 Council Member Engelbrecht suggested finding out what other cities had in terms of such a committee and provide that information for Council consideration. Council Member Watt stated that there would still be landscape requirements which meant that developers would still have to plant trees. 4. Receive a report, hold a discussion, and give staff direction on the possible closure of Nowlin Road. Frank Payne, City Engineer, presented the details on the proposed closure. He stated that this issue had been before the Traffic Safety Commission as it was originally a citizen complaint from the Wheeler Ridge area. Vehicles were cutting through the Wheeler Ridge neighborhood primarily to gain access to and from FM 2181 and the Kroger Shopping Center at the intersection of Hickory Creek Road and FM 2181. Traffic volumes were heavy and the speeds of the cut- through traffic were excessive. Staff’s recommendation to the Traffic Safety Commission was to not recommend the closure of Nowlin Road based on the information gathered and community feedback. The Commission opened the meeting to citizen input and a total of 19 speakers addressed the body. One suggestion was to close the road but maintain emergency gates to provide secondary fire access to the Wynstone at Oakmont neighborhood. A traffic count was done in the area in 2011 and showed on a weekend that there were more than 800 trips per day. Council Member Watts questioned doing the traffic count on a weekend. Payne stated it was done on a Friday afternoon through a Monday afternoon in order to have an accurate count with residential traffic. Council Member Watts stated that when he was in the area during the weekday there had been lots of traffic and questioned if the weekend had less traffic. Mayor Pro Tem Kamp stated that this past week they had a report regarding the advancement of the Highway 2499 project. Payne stated that right now the plan was for the Highway 2499 project to begin in 2014 but there was also the thought that it would be accelerated to 2013. He noted that there had only been four accidents reported in the area. Council Member Gregory stated that when Highway 2499 opened, the neighborhoods on the east/west would have access to that neighborhood via Highway 2499. Payne stated that was correct. Mayor Burroughs stated that the complaints he heard were due to speeding. It did not appear that Nowlin was the problem. Payne stated that the staff recommendation was to not make a recommendation to Council to close Nowlin Road. However, the Traffic Safety Commission voted 4-3 to close it. If the City of Denton City Council Minutes October 16, 2012 Page 6 Council wanted to have more citizen input on the issue, a public hearing would not be required but could be an Item for Individual Consideration to hear from citizens. Mayor Burroughs felt this was a temporary condition and that the road served a valuable service for fire emergencies. The question was whether to pour resources into a gate or speed hump. He felt there was a need to leave the road open and possibly put speed bump structures on Pine Hills instead of Nowlin. Council Member Roden asked about the demographics of Long Leaf Lane and Pine Hills as to whether there were lots of children in the area or older people. Payne stated it was a traditional mix of old and young. Council Member Roden asked about where to place possible speed humps. Payne stated that calming devices could be used instead of speed humps and suggested asking the neighborhood if it wanted humps or calming devices. He felt the Fire Department would probably not approve the installation of the speed humps. Mayor Pro Tem Kamp stated that the number one priority was safety but mobility also needed to be considered. This was a temporary problem until Highway 2499 was completed. There were other calming devices that could be used rather than speed humps as they were hard on the neighborhood. She was concerned that the Traffic Safety Commission might think the Council was not listening to them. She listened to what they had to say and appreciated the work of the Commission but felt this was a temporary situation. Council Member Gregory stated that mobility was a consideration and the majority of the people in the area wanted to keep the road open. Keeping it open for a short time would help and the problem would be corrected when Highway 2499 was completed. He liked the idea of looking at other calming devices on Pine Hills without having to use the speed bumps. Consensus of the Council was to leave the road open until the completion of Highway 2499. 5. Receive a report, hold a discussion, and give staff direction regarding the public involvement process for upcoming DME Capital Improvement Projects (CIP). Phil Williams, General Manager-Denton Municipal Electric, reviewed information on the DME 5 year CIP Land Acquisition Process. He stated that the electric utility business meant land business. There was a need for 12 substation sites equaling 60-80 acres over the next five years. Eight transmission routes would be needed for more than 25 acres. Issues involved with these transactions include land acquisition, permitting and zoning and public involvement. Staff wanted to improve public involvement on the building of the facilities. DME did not have a master plan similar to a Mobility Plan on where they were going to build the facilities. They needed to put plans down on paper for citizens to see. Condemnation of property was going to be avoided if possible as it required lots of lead time, was expensive and a willing seller needed to be developed. City of Denton City Council Minutes October 16, 2012 Page 7 Public Involvement Process - public meetings would be held and DME had hired a firm to develop how many meetings would be held, the locations for those meetings and format for the meetings. The process would be started with an open house which showed what the project was, why the project was needed and provide citizens with a place to register their concerns. The next step would be to involve the public with a formal public hearing similar to the process used by the Planning and Zoning Commission and Council for staff presentation. An exception to the process was the McKinney Street site and the Audra site as those pieces of land were already in the process. In the future the public would be involved on where the land would be. These two sites already had options on the land. Council Member Roden stated that as there appeared to be a large number of pending projects, it would be good to define each project so Council was clear on what it was considering. Williams stated that in the past it was just getting from Point A to Point B. Now staff was seeking more public input on the end points rather than just where the line was going. Council Member Roden asked what sort of public involvement process private companies were required to do as compared to public entities. Williams stated that they would have to go before both ERCOT and the Public Utilities Commission in order to get a Certificate of Convenience and Necessity. That was the point when their pubic involvement started. The difference was that the end decision maker was in Austin rather than being local decision makers. Council Member Gregory stated that he liked the idea of a 20 year plan in terms of where lines and substations were needed and encouraged staff to look at the possibility of buying land for transmission lines and then use the land under the lines for hike/bike trails. He suggested considering that possibility in the 20 year plan to combine uses with the Parks Department. Mayor Pro Tem Kamp asked how Council was going see how the master plan would be done. Williams stated that staff would bring the first draft to Council before the next budget year. It would be part of the budget process for next year. Council Member Watts assumed that because DME was part of a municipality that it would work on the governmental track for the development process and would qualify for that fast track. Williams stated that had been discussed but not fully vetted. Council Member Roden suggested creating an interactive map tool to work out different options to show citizens the factors involved. Following the completion of the Work Session, the Council convened in a Closed Session at 4:57 p.m. to consider the items listed below. 1. Closed Meeting: City of Denton City Council Minutes October 16, 2012 Page 8 A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a tract of land, located in the N. H. Meisenheimer Survey, Abstract Number 810, City of Denton, Denton, County, Texas, and located generally in the 3800 block of Elm Street south of Riney Road, and north of North Lakes Park. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described 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 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. 2. 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 M.E.P. & P.R.R. Co. Survey, Abstract No. 1475, City of Denton, Denton County, Texas, and located generally along the 2500 block of East McKinney Street. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described 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 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 administrative proceeding 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 in the R. B. Longbottom Survey, Abstract No. 775, City of Denton, Denton County, Texas, and located generally along the south line of Virginia Circle, just south of University. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described 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 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 administrative proceeding or potential litigation. 4. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located (1) in the James Edmonson Survey, Abstract Number 400, Denton County, Texas (located generally in the 3600 block of Roselawn Drive); (2) in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2100 block of South Bonnie Brae City of Denton City Council Minutes October 16, 2012 Page 9 Street); (3) in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2400 block of South Bonnie Brae Street); and (4) in the James Edmonson Survey, Abstract Number 400, the James L. Harris Survey, Abstract Number 555, and the William Roark Survey, Abstract Number 1087, Denton County, Texas (located generally in the 4500 block of South Bonnie Brae Street), all in the City of Denton, Denton County, Texas; and 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. B. Deliberations regarding Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive a presentation from Denton Municipal Electric staff and a Texas Municipal Power Agency ("TMPA") Board Member regarding public power utility competitive, financial and commercial matters pertaining to TMPA, a Joint Powers Agency, being a generation resource owned in common by the City of Denton, Texas, which holds a 21.3% interest in the same; including without limitation, plans, proposals, system improvements, fuel contracting, fuel transportation contracts, other contracting issues, the fixed and variable costs of operation of the generation unit, and capital improvement plans for the generation unit. Discuss, deliberate and provide Staff with direction. C. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1.Consult with and provide direction to the City's attorneys associated with proposed enforcement related to sanitary sewer overflows and where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas and the City Council of the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Consult with the City's attorneys regarding the status and possible resolution of pending litigation styled Steen v. Langford, et al., Cause No. CV-2010-00528, now pending before the County Court at Law #2, Denton County, Texas; 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. City of Denton City Council Minutes October 16, 2012 Page 10 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. Yards of the Month 2. Achievement in Excellence in Procurement Award Bryan Langley, Assistant City Manager, presented the award to the Council. Denton was only one of 54 cities in the United States to receive this award and it was the 15th straight year Denton had received the award. 3. Massage Therapy Awareness Week Mayor Burroughs presented the proclamation for Massage Therapy Awareness Week. 3. CITIZEN REPORTS There were no citizen reports scheduled for this meeting. 4. CONSENT AGENDA Mayor Burroughs pulled Items A, B, and C for separate consideration for public knowledge on the programs. He noted that Consent Agenda Item AA would not be considered. Council Member Gregory motioned, Council Member Roden seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items A-C and AA. 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. Approved the request below for a Noise Exception. D.Consider a request for an exception to the Noise Ordinance for the purpose of an increase in decibels for amplified music for Fry Street's First Annual Wake Poolooza, to be held between addresses 101-125 Avenue A, on Saturday, October 20, 2012, beginning at 3 p.m. and concluding at 10 p.m. This request is for an extension of decibels for amplified sound from the allowable 70 to 75 decibels. Staff recommends approving the amplified sound to 75 decibels. City of Denton City Council Minutes October 16, 2012 Page 11 Ordinance No. 2012-268 E.Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2010-293 prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of Fire Fighter; providing a savings clause; providing a severability clause; and declaring an effective date. Ordinance No. 2012-269 F.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to enter into an Interlocal Agreement with the North Central Texas Council of Governments for the cooperative purchasing of actuarial shared services associated with other post-employment benefits as defined by Governmental Accounting Standards Board (GASB) Statement Number 45; providing a savings clause; and providing an effective date. Ordinance No. 2012-270 G.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to a Professional Services Agreement by and between the City of Denton, Texas and POWER Engineers, Inc. for Electric Design and Engineering Services pertaining to a substation siting and environmental assessment study for the construction of the McKinney Substation and the Audra Substation for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date (File 4995-in the additional amount of not-to-exceed $75,000 for a total award of $290,515). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-271 H.Consider adoption of an ordinance approving the expenditure of funds for Outside Metal-Enclosed Switchgears (OMCSWG) for the City of Denton Pockrus and McKinney Substations available from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 5027-awarded to S&C Electric Company, in the amount of $279,750). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-272 I. 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 Section 125 Plan Administration of unreimbursed health care and dependent care accounts for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5047- awarded to PayFlex Systems USA, Inc., in the annual estimated amount of $62,118 and a five-year estimated expenditure of $310,590). Ordinance No. 2012-273 J. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($10,240) City of Denton City Council Minutes October 16, 2012 Page 12 The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-274 K. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. ($16,580) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-275 L. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($733,100) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-276 M. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($23,010) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-277 N. Consider adoption of an ordinance authorizing the City Manager to execute an interlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African American, Old No. 14 Fire House, Elm Ridge Church, Welcome Center, and Outhouse Museums; and providing an effective date. ($108,570) The Hotel Occupancy Tax Committee recommends approval (3- 0). Ordinance No. 2012-278 O. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($14,590) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-279 P. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. ($82,820) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-280 Q. Consider adoption of an ordinance authorizing the City Manager to execute an City of Denton City Council Minutes October 16, 2012 Page 13 agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue; and providing an effective date. ($117,780) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-281 R. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($7,640) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-282 S. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Central Business District Association, Inc., d/b/a Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. ($23,010) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-283 T. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Music Theatre of Denton for the payment and use of hotel tax revenue; and providing an effective date. ($5,000) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-284 U. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ($73,620) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-285 V.Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Susan G. Komen for the Cure Advocacy Alliance (North Texas Affiliate) for the payment and use of hotel tax revenue; and providing an effective date. ($10,000) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-286 W.Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($50,610) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-287 X.Consider adoption of an ordinance authorizing the City Manager to execute an City of Denton City Council Minutes October 16, 2012 Page 14 agreement between the City of Denton and Texas Filmmakers' Corporation for the payment and use of hotel tax revenue; and providing an effective date. ($5,000) The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2012-288 Y.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 3.480 acre tract located in the City of Denton, Denton County, Texas, and situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally along the 2500 block of East McKinney Street, (the "Property Interests"), for the public use of expanding and improving electric utilities; authorizing the City Manager or his designee to make an offer to (1) Gary Dennis Dillard (the "Owner"); (2) successors in interest to the owner to the Property Interests; or (3) any other owners of the Property Interests, to purchase the Property Interests for the purchase price of Three Hundred Twenty Six Thousand Two Hundred Eight Dollars and No Cents ($326,208.00), and other consideration as prescribed in the Contract of Sale (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. (69kV Transmission Line Re-build Project) Ordinance No. 2012-289 Z.Consider adoption of an ordinance approving an Advance Funding Agreement for a project using funds held in the State Highway 121 Subaccount in the amount of $847,511.73 between the City of Denton and the State of Texas for the removal of medians and the placement of temporary pavement along U.S. Highway 380 from east of Bonnie Brae Street to U.S. Highway 377 in the City of Denton, authorizing the City Manager or his designee to execute said agreement on behalf of the City of Denton and to expend funds as necessary under said agreement; and declaring an effective date. This item was not considered. AA.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 1.9088 acre tract located in the City of Denton, Denton County, Texas, and situated in the R. B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally along the south line of Virginia Circle, just south of University, (the "Property Interests"), for the public use of expanding and improving electric utilities; authorizing the City Manager or his designee to make an offer to (1) C. S. Residential, Inc. (the "Owner"); (2) successors in interest to the owner to the Property Interests; or (3) any other owners of the Property Interests, to purchase the Property Interests for the purchase price of Two Hundred Twenty Eight Thousand Six Hundred Fifty Two Dollars and No Cents ($228,652.00), and other consideration as prescribed in the Contract of Sale (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 City of Denton City Council Minutes October 16, 2012 Page 15 date. (69kV Transmission Line Re-build Project Parcel 27 Purple Route) Ordinance No. 2012-290 BB.Consider adoption of an ordinance of the City of Denton, Texas approving the "Wholesale Wastewater Treatment Services contract between the cities of Denton and Corinth, Texas;" authorizing the expenditure of funds therefor; and providing an effective date. Approved the minutes listed below. CC.Consider approval of the minutes of: September 11, 2012 September 18, 201 October 1, 2012 October 2, 2012 Resolution No. R2012-035 DD.Consider approval of a resolution reviewing and adopting revisions to the Investment Policy regarding funds for the City of Denton; and providing an effective date. Ordinance No. 2012-291 EE.Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to pay and deposit the sum of $250,000 in escrow with the Electric Reliability Council of Texas (ERCOT), as financial assurance regarding the auction of congestion revenue rights and pre-assigned congestion revenue rights pursuant to ERCOT Nodal Protocol Revision Request (NPRR 400), to be held by ERCOT pending the future congestion revenue rights auctions; and providing an effective date. Ordinance No. 2012-292 FF.Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 4.69 acre tract; (II) a utility and slope easement encumbering 0.56 acre; and (III) a utility and drainage easement encumbering a 0.02 acre, said tracts located in the A. Tompkins Survey, Abstract Number 1246, and located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 2400 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Harlan Properties, Inc. (the "Owner"); (2) successors in interest to the owner to 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 One Hundred Fifty Thousand One Hundred Sixty Three Dollars and No Cents ($150,163.00), 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 City of Denton City Council Minutes October 16, 2012 Page 16 effective date. (Bonnie Brae Widening and Improvements project - Parcel 25) Ordinance No. 2012-293 GG.Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 5.59 acre tract; (II) a drainage easement encumbering 1.7 acre; (III) a slope easement encumbering 2.83 acres; and (IV) a temporary construction, grading and access easement encumbering a 0.06 acre tract, said tracts located in the William Roark Survey, Abstract Number 1087, James L. Harris Survey, Abstract No. 555 and James Edmonson Survey, Abstract Number 400 and located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 4500 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Richard A. Gray, Jr. (the "Owner"); (2) successors in interest to the owner to 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 Three Hundred Twenty Two Thousand Nine Hundred Nineteen Dollars and No Cents ($322,919.00), 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. (Bonnie Brae Widening and Improvements project - Parcel 39) Council considered Items A, B. and C. Ordinance No. 2012-265 A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a funding agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the agreement and to expend Home Investment Partnership Program funds with respect to the agreement; and providing for an effective date. Ordinance No. 2012-266 B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement between the City and Fred Moore Day Nursery School to provide Community Development Block Grant funds for improvements to the facility at 821 Cross Timber Street, Denton, Texas; authorizing the expenditure of funds therefor, not to exceed $286,759; and providing for an effective date. Ordinance No. 2012-267 C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement Program and eligibility criteria; authorizing expenditures in excess of $50,000 for projects meeting program guidelines and criteria; and providing for an effective date. City of Denton City Council Minutes October 16, 2012 Page 17 Barbara Ross, Community Development Administer, reviewed the funding for the three programs and how federal funding would affect the ability to serve Denton's residents. She reviewed what each program did and how staff was working with legislators on how important the funding was for the programs. Council Member Engelbrecht motioned, Council Member Roden seconded to adopt the ordinances for Items A, B. and C. 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 Ordinance No. 2012-294 A. 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 Rayzor Investments Ltd., ( as "Seller") contemplating the sale by Seller and purchase by City of a called 26.6002 acre tract of land more or less, for the purchase price of One Million Dollars and No/100 ($1,000,000.00), said Real Property being generally located in the 3800 block of Elm Street south of Riney Road, and north of North Lakes Park, and located in the N.H. Meisenheimer Survey, Abstract Number 810, 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. Emerson Vorel, Director of Parks and Recreation, presented the details for Items 5A and 5B. He stated that funds were identified in the 2003 CIP for soccer fields. It was the intent to purchase these 26 acres to construct four athletic fields. In conjunction with this item was a request from LULAC to name the complex for Dr. G Roland Vela. Item 5B would fulfill that request for the naming of the athletic complex. 5A would purchase the property and 5B would name the property the G. Roland Vela Athletic complex. Council Member Roden asked for an estimate on the time frame from purchase of the property to completion of Phase I on the project. Vorel stated that as soon as the purchase of the property was approved, a landscape architect would be hired to assist with the design the project. It would take approximately 18-24 months to complete the project. Dr. Isabella Pina-Hinojosa spoke in support of the naming of the complex. Council Member Watts motioned, Council Member Gregory seconded to adopt the ordinance purchasing the property with the amended contract provided to Council earlier in the meeting and the resolution adopting the name of the complex. On roll call vote: Council Member King, City of Denton City Council Minutes October 16, 2012 Page 18 Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Resolution No. R2012-030 B. Consider approval of a resolution naming the proposed athletic complex at North Lakes Park after G. Roland Vela. This item was considered with Item 5.A. C. Consider nominations/appointments to the City's Boards & Commissions: 1. Health & Building Standards Commission 2. Human Services Advisory Committee 3. Parks, Recreation and Beautification Board 4. Public Art Committee Mayor Pro Tem Kamp nominated Ryan Davenport and Larry Parker to the Health and Building Standards Commission; Council Member Engelbrecht nominated Steve Coffey to the Human Services Advisory Committee and Council Member Engelbrecht nominated Mike Barrow to the Public Art Committee. Council Member King motioned, Council Member Watts 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. 6. CITIZEN REPORTS There were no citizen reports scheduled for this meeting. 7. CONCLUDING ITEMS A.Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing City of Denton City Council Minutes October 16, 2012 Page 19 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 Pro Tem Kamp stated that Saturday was the Tails and Trails Fundraiser for the Denton Animal Shelter. Council Member Roden stated that Friday was the Food Truck Festival. Council Member Engelbrecht stated that Denton Christian Preschool was in a crisis with their vans and urged anyone able to assist them to please do so. Council Member Engelbrecht requested a presentation at a regular meeting regarding the removal of the medians on University Drive. Mayor Burroughs thanked all who worked on the recent West Nile Virus outbreak. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 7:42 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS