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April 16, 2013 Minutes CITY OF DENTON CITY COUNCIL MINUTES April 16, 2013 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 16, 2013 at 3:00 p.m. in the Council Work Session Room. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden ABSENT: Mayor Pro Tem Kamp 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 April 16, 2013. Council MemberGregory asked if Consent Agenda Item L included an agreement for mosquito trapping and testing. City Manager Campbell stated that agreement was part of the item plus other projects when needed. Mayor Burroughs noted that he would probably pull that item for separate consideration. Council Member Watts asked about Consent Agenda Item H regarding the training facility. He asked about how the general determination was made regarding awarding the contract for indicators for performance. Scott Fletcher, Captain-Denton Police Department, stated that the evaluation committee did an initial grading of the bidders and when those were narrowed down to the top five they had a second grading. The committee looked at best value. If a bidder was marked down on performance indicators it was either on past experience, references, or maintenance agreements. Council Member Gregory asked about Consent Agenda Item T and the funding of a civilian awareness position. Lee Howell, Chief of Police, stated that was a specific person already attached to another grant of similar nature. That person was currently attached to the Dallas Police Department but the grant in Dallas was being discontinued. Denton was working towards hiring that person for the position. Council Member Gregory asked about the length of funding for the grant. Howell stated that it was renewal grant every year. The funding stream was attached to funding from the State. In 19 years the PD had never had a position go away. City of Denton City Council Minutes April 16, 2013 Page 2 Council Member Engelbrecht state that part of the function of this position was outreach education to the public. He questioned about outreach efforts to apartment complexes. Scott Langford, Denton Police Department, stated that staff worked with apartment managers, joined with UNT for freshman orientation and also worked with the DISD on this program. Council Member Watts asked about Consent Agenda Item R and the using of the bonds under economic development. Bryan Langley, Assistant City Manager, stated that this was an opportunity for private companies to issue bonds through the Corporation. State law gave the authority for that issuance. Council Member Watts questioned if someone wanted to do economic development in the area of the airport could the bonds through the Corporation be used instead of a commercial market. Langley stated that there would be an advantage for the interest rate but there was no obligation of the City. This was meant to be an economic development tool if qualified. Council Member Watts asked for an Informal Staff Report on that Board. Mayor Burroughs suggested including examples of situations where those types of bonds had been issued. Council Member Roden asked about Consent Agenda Item V in terms of target construction dates for the shelters. Mark Nelson, Director of Transportation, stated that DCTA would move forward within 30 days for the first 3-5 shelters. He would provide an Informal Staff Report to Council once the project moved forward. Council Member Engelbrecht stated that he would like to pull Consent Agenda Item S in order to have a staff report regarding the program with DISD on hunger. Council Member Watts requested a brief staff report on Consent Agenda Item N. Phil Williams, General Manager – DME, stated that TMPA previously funded the construction of off-system assets for which it had been fully reimbursed. TMPA and the member cities had determined that ownership of these transmission assets was problematic from a regulatory compliance standpoint. The proposal was to receive ownership in the transmission related facilities from TMPA and in turn convey ownership to the Brazos Electric Power Cooperative and the city of Bryan, Texas. Council Member Watts stated that the property would just be deeded to the entities and there was no monitory consideration. Williams said that was correct. City of Denton City Council Minutes April 16, 2013 Page 3 3. Receive a funding recommendation report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion and give staff direction regarding the proposed 2013 Action Plan for Housing and Community Development. Barbara Ross, Community Development Manager, introduced the speakers from the two committees who would be making the presentations. Gerard Hudspeth would be presenting the recommendations from the Community Development Advisory Committee and Mary Ann McDuff would be presenting the recommendations from the Human Services Advisory Committee. Gerard Hudspeth presented the funding recommendations from the Community Development Advisory Committee. He stated that more marketing had been done this year to get more applications which appeared to be very successful. Staff would be tracking where applicants found out about the program for future use. The total amount requested was $2,006,694 with $981,560 allocated. That amount was subject to change once the final numbers were received. Community Development funds were the only city funds used for low and moderate incomes. Mayor Burroughs questioned what the federal funding impact was this year versus last. Ross stated that the Action Plan had a sheet that showed $847,000 for CDBG funds and $327,000 for HOME funds for a total funding of $1 million. The HOME funds had dropped this year from last year. Council Member Engelbrecht asked about Baldwin water and sewer as they were not addressed. He questioned if the projects were going into the utility program or if it was that they just could not be done at this time. Hudspeth stated that the project had been discussed in terms of the cost of the immediate effect for each project; how many people did this project help in this area. Going forward it was felt that the Fred Moore Day Nursery School was a top priority. The School was now at maximum so going forward it should free up money in the future. Council Member Watts stated that he appreciated how program had been administered and the good help that was given. Mayor Burroughs stated with shrinking dollars it was difficult to manage the funds, especially when the direct result to individuals was seen. Staff managed that very well. Council Member Roden stated that some applications were from the City and some from outside. He asked for an identification of those. It appeared that Item 1, 3, and 8 were city related. Hudspeth stated that 9 was also city related. Council Member Roden questioned what determined from the City perspective to use these funds for city projects rather than from other funding. City of Denton City Council Minutes April 16, 2013 Page 4 Hudspeth stated that the funding was based on the neighborhood as that was where the dollars would be used. Council Member Roden asked if the neighborhood had to meet certain requirements. Ross stated that there were specific definitions of the service area and at least 51% of the residents had to be low-moderate income. Mary Ann McDuff presented the recommendations from the Human Services Advisory Committee. She stated that the number of requests continued to increase with fewer available resources. The Committee had received 18 applications this year with 2 new agencies. The Committee had a stringent review process of the applications and each agency made a presentation to the Committee. The funding recommendations were based on per capita from the General Fund and 15% of the estimated CDBG allocation. Continued funding reductions meant increased funding requests from the City. The total agency funding was $511,000. It was the consensus of the Committee to try and restore the amount to the 2003-2004 level. That would be increasing the per capita amount towards a goal of $2.00 or even $2.50 in the next few years. There was no guarantee of what the federal funding level would be. Mayor Burroughs questioned if Day Stay for Adults had relocated to Lewisville. McDuff stated that they had not requested funding this year. Council Member King stated that Health Services of North Texas and PediPlace had a substantial difference between what was requested and what was funded. McDuff stated that Health Services of North Texas continued to request funding for two positions. The Committee was trying to increase funding each year for them. Pediplace was located in Lewisville and the Committee had questioned them about establishing in Denton. Pediplace was looking into that. Council Member Engelbrecht felt that it was a conservative movement to the $1.64 per capita rate. With the savings that would be realized by selling Certificates of Obligation, it might be possible move that amount to $1.75-$1.85 if it could be found in the budget. McDuff stated that they would gladly accept that amount and had several ideas on how to spend that increase. Ross stated that Day Stay for Adults no longer provided services and did not use this year's funding. Staff had ended the contract with them. 4.Receive a presentation, hold a discussion, and give staff direction regarding the implementation of a gas well air monitoring program. Darren Groth, Gas Well Administrator, stated that during the recent update on the gas well ordinance one topic of discussion was air quality monitoring. Since approval of the gas well City of Denton City Council Minutes April 16, 2013 Page 5 ordinance, staff had collected preliminary information concerning various options for implementing a gas well air monitoring program. Dr. Kenneth Tramm had agreed to present information on this topic and to answer any questions Council might have about air monitoring approaches. Dr. Kenneth Tramm stated that this overview would include sampling versus monitoring; emission concerns from oil and gas, monitoring tools, monitoring examples, and suggested approaches. Sampling versus monitoring - sampling was a specific process while monitoring was designed to keep track of information over a long term process. Sampling did a snapshot look, monitoring did a longer process. Mayor Burroughs asked where this area fell in the range of gas emissions. Tramm stated that there was a variable even within Denton. There were some that were wet and some that were dry. Mayor Burroughs stated that if a range could be identified where Denton might fall, it might be possible to adjust the monitoring program to assist with the monitoring. Tramm stated that would be source based monitoring. An alternative would be receptor based monitoring on locations. He presented examples of emission sources such as drilling/flowback; production and reviewed emission composition data/gas/vapor. He stated that in developing a monitoring program, the sources would have to be known. Secondary concerns included ozone, sulfur dioxide, and particulate matter. Secondary concerns also included maintenance and the question if the profit margin reductions resulted in maintenance issues. Mayor Burroughs asked if there were records regarding capped wells. Groth stated that staff kept records of the wells as did the Railroad Commission. There were specific requirements for keeping those records. Council Member King asked if there were any comparisons on the emissions from pad sites compared to industrial sites. Tramm stated that an industry might release different components and would be a question of volume. He presented information on monitoring tools. A pad site would have such things as a compressor, well, separator, setback distances, and tank batteries. On site there were limits on what could be emitted based on industrial emission criteria. Off site there were concerns regarding residential exposure criteria. The thought was to marry the two together. Tramm stated that there were four types of monitoring tools - (1) point sampling with low resolution; off site was difficult based on downwind monitoring, (2) point sampling with high resolution was broken down by individual compounds, (3) fence line sampling with high resolution yielded per meter concentrations across the entire fence line and could be minute to City of Denton City Council Minutes April 16, 2013 Page 6 hourly averages, and (4) continuous monitoring with high resolution and yielded hourly averages at the lowest possible levels. Council Member Gregory stated that from time to time Council would get videos of well monitoring and a lens was able to see benzene or something coming from the well. Tramm stated that was a screening tool called “Forward Looking Infrared”. It could see different wave lengths and identify things warmer than things behind it. It was a tool for screening rather than for monitoring. It would be a good screening tool to detect leaks and repairs and was a good tool if used properly. Open path monitoring could be moved for different responses and would allow continuous monitoring over a short or long term event. It would provide spectral evidence of specific compounds. Tramm presented information on the Fort Worth, Flower Mound, Kennedale/Coppell and Colleyville monitoring systems. His suggestion would be a balanced approach including downwind monitoring with minimum point sampling and fence line sampling with open path monitor. The program could include a tiered approach during production, fracking and flowback with website accessibility to data summaries. There could be a tiered level of interest with quarterly monitoring, biannual monitoring, annual monitoring and spot check monitoring. Things to look for would be things that would motivate change; that could change the focus of the TCEQ to help make changes. Mayor Burroughs asked what would be the action and who would do the action. Tramm stated that if the City could demonstrate that operators were exceeding air monitoring values as noted by TCEQ, it would warrant attention by TCEQ. Council discussed other industries that might be producing bad air emissions; how a pad site would compare with other industries in the city; the factor that pad sites were spread out over the City and not all in one area versus an industry located in one site; and spend more energy on tools for inspectors rather than broad based tools for monitoring. Council Member Watts questioned what direction staff was seeking at this point in time. City Manager Campbell stated that Council needed to determine the degree they wanted to do air testing monitoring such as at every well site or just some wells. Staff would take Council’s comments and develop a proposed program. Mayor Burroughs stated that he saw nothing about cost and who would pay for it. He was not sure how Council could give clear direction with large open issues such as whether the City had the authority to take action and who would pay for it. It would be a large issue if the level of expense was massive and the City could not pass it on to anyone else to pay. He was not sure what direction to give given the limited information on where the city stood on authority and cost. He would like to know more the money aspect of the monitoring. Council Member Watts stated that part of what he heard during the debate concern from the public was possible emissions. The concern was from the pad site and what was coming out of City of Denton City Council Minutes April 16, 2013 Page 7 it. If the thinking was to start small and if the concern was the pad site operations, he suggested taking a small sample of a pad site during an operation to determine which one to be most concerned about and do a one-time sample. Even if the City could not charge the cost back to the operators, limited testing could be done during specific operations which would give information that was not known at this time. He felt there was a need to give some kind of direction to get data.As far as other businesses with potential harmful air emissions, Council did not get community engagement regarding pollution from them. He suggested putting some financial parameters on it at the beginning. Council Member Roden felt that it was necessary to define the questions, what was wanted, where it was wanted and what was wanted to assess. It sounded like cities in region had already done that. He suggested a low cost or no cost starting point to get some definition of what questions were wanted. Council Member King suggested looking for numbers for average on what other industries in the City were doing to the atmosphere. He suggested using some techniques already there. Council Member Gregory stated that Council had assured citizens that they would address the issue of clean air. Council would need technical help to ask the right questions as the quality of the questions determined the quality of the outcome. He felt that the cost of air monitoring should be incorporated into the cost of the permit. Council Member Engelbrecht stated that the City may not have any authorization to charge operators for air quality monitoring. He felt one thing the City could catch would be lack of maintenance. Before going too far he would like to hear other aspects of the problem. Mayor Burroughs suggested to incrementally start off with the basics with certain resources. Arm and train inspectors to identify the problems from an equipment standpoint as faulty equipment comprised a lot of the problems to start with. He felt this would be a good first step. What would be done after that would be another question and another level of determination. They needed to find out the cost of equipment and a cost that was meaningful. Tramm stated that type of monitoring would be open path sampling and maintenance would preclude taking on that type of a task as it would be very expensive. There were many variables involved in that cost such as how long, what types of pad sites, and where located. He suggested prioritizing concerns and then expanding out to other facilities. Council Member Gregory stated that there might be times to monitor more than others such as when fracking or a certain age of a producing well, etc. Council Member Watts stated that he would like to see proposals of limited on pad site monitoring events to see if the equipment was working properly. He felt a recommendation was needed from someone for the best approach giving feedback and various costs. City Manager Campbell stated that obviously there was a number of different ways and a number of equipment inspections on selected gas well sites to look at. If Council was looking at City of Denton City Council Minutes April 16, 2013 Page 8 a program for some on site monitoring staff could develop different levels and associated costs for monitoring and Council could pick from a menu of what they wanted to see. Mayor Burroughs noted that it would be nice to try and see if there was any way to identify receptor based issues on sites in production and test a half a mile away versus 1200 feet away. Find out the ones most concerned and how many there were. Site based criteria would identify types of wells more at risk. Some wells were a less risk and less needful of monitoring. Look at low risk models from other cities and not monitor those wells as much. 5. Receive a report and provide direction regarding amending Subchapter 3 "Procedures" of the Denton Development Code by adding new Section 35.3.13 "Development Criteria Manual Procedure" establishing criteria for the amendment of Development Criteria Manuals and by amending Section 35.3.4.A adding a new action item that is required to follow the Zoning Amendment Procedure. PS Arora, Wastewater Division Manager, stated that the Development Criteria Manual Procedure was adopted by the Denton Development Code (DDC) and adopted the seven development criteria manuals by reference. The manuals included Application Criteria Manual, Construction Criteria Manual, Drainage Criteria Manual, Site Design Criteria Manual, Site Plan Criteria for Municipal Solid Waste and Recyclables Storage and Enclose Requirements, Transportation Criteria Manual and Water and Wastewater Criteria Manual. As new products came into the market, new specifications were developed, improvements made to existing products, new methods of construction were advanced, these needed to be incorporated into the Development Criteria Manuals to stay current. However, the Denton Development Code did not provide a procedure for making administrative amendments to these manuals. Staff was proposing to amend the procedures section of the DDC by adding a new section that would establish criteria for the amendment of these criteria manuals and by adding a new action item that was required to follow the Zoning Amendment procedure. The changing of Subchapter 3 would accomplish (1) the adoption of the seven development manuals as they currently existed, and (2) the administrative amendment procedure for keeping the development criteria manuals current. Staff would discuss the proposed amendments with stakeholders that included the development community comprising of developers, engineering architects, etc. The proposed amendment would be posted on the web site and at City Hall at the location for posting notices of all public meetings for a period of not less than 30 days. During this 30 day period, comments of interested persons and written protests or requests for review would be received by staff. All proposed amendments would become final unless review was requested or a written protest was filed within the 30 day period. The City would make an attempt to resolve all protests or requests for review and consider all comments filed with the 30 day period. If the protests or requests for review could not be resolved, the amendment would be processed as an ordinance Staff presented these changes to the Planning and Zoning Commission in a public hearing on November 14, 2012. Staff had proposed that the changes be discussed with stakeholders, get their input, and then post for 30 days. If there was a disagreement on any proposed change, and staff and the stakeholders could not come to an agreement, then only that change be brought to the Planning and Zoning Commission and then to the City Council in a public hearing. However, the Planning and City of Denton City Council Minutes April 16, 2013 Page 9 Zoning Commission recommended that all proposed changes be brought to the Commission prior to public posting after presentation to the stakeholders. Staff recommendation was to present the proposed changes to the stakeholders, achieve consensus, post the changes for 30 days and then adopt the criteria manual changes. If consensus could not be achieved, then the item would be taken to the Planning and Zoning Commission and the City Council only for those changes where there was disagreement between staff and stakeholders. Mayor Burroughs stated that the criteria was very detailed and in the past only someone in the business could consider them. One concern was that feedback in the past did not have enough vetting on the changes. He questioned who would get the information for the proposed changes. Arora stated that all developers in the community and all engineers working within the City would receive the information which comprised 50-60 entities. Mayor Burroughs agreed that policy makers could not weigh in on the changes but non policy makers would have comments regarding the changes. He wanted staff to take every step to send the information to everyone possible. Send the proposed changes to all engineers or engineering entities, design professionals, architects, the development community that came to the City with projects for the past five years. That would encompass a lot of people who had developed here. Arora stated that the Planning and Zoning Commission had asked that all proposed changes be taken to them before posted. Staff did not agree with that as they were so technical in nature and were not policy changes. Council Member Roden questioned what was an agreement on an issue and if it was going by consensus. Arora stated that if one person had a problem, staff would take the time to understand what the problem was and discuss and show the individual technically what would be the issue. It might be a state or federal issue or it might be a design issue. Council Member Roden suggested including the Planning and Zoning Commission as a stakeholder and not present the information to them during a meeting. If they were part of the stakeholders group they could give input rather than at a separate meeting. Council Member Watts stated that the DDC gave a higher elevation but when down on lower levels, those were heavy details where problems seemed to come into play. A criteria manual detailed how to do a project. His concern was that often people were not alerted to things posted on an official agenda. Arora stated that in that case, emails would be sent to people indicating that there would be a meeting and noting the items to change and what would be discussed. Council Member Watts questioned what was trying to be resolved with this proposal. City of Denton City Council Minutes April 16, 2013 Page 10 Arora stated that the majority of changes were in the criteria manual and had not been updated for a long time. Legal had indicated that they could not post the changes as there were no procedures in the DDC to make the changes. The question was whether to bring everything or just bring those with a disagreement. Council Member Watts stated that the origin of the issue was coming as a way for a developer driven concern to help get through issues. Staff was trying to help improve the developer process. Arora stated that staff had a big meeting regarding this issue and presented the issues. Staff made notes about what the developers said was wrong with the process. The development community currently did not object to what they were proposing. Mayor Burroughs stated that he was glad to hear these were stakeholder changes being requested. He questioned if there was a way to differentiate from City and stakeholder amendments. If they were City initiated, there was a need to be more careful in that area with more of a public process with that type of change. There was a different mindset if the change was City initiated versus stakeholder initiated. Arora stated that it was usually a combination. Sometimes City initiated changes were regulatory in nature but would still notify people regarding the changes for impact on what to do in the City. Council Member Engelbrecht suggested being diligent in the other direction. A developer initiated change might conflict with public interests and had to be vetted very carefully. He liked the idea of the Planning and Zoning Commission looking at these. Arora stated that the current manuals would be approved, then staff would go to the stakeholders for proposed changes. If there were no disagreements, the changes would be done administratively after being posted for 30 days. If there was any issue with a change, then that would come to a public hearing at the Planning and Zoning Commission and their recommendation would come to Council. Council Member Gregory stated that he was concerned about another set of eyes looking at the changes. Council Member King felt this would be building a pattern to change things quicker which might not be good. He was concerned about making it faster to change. City Manager Campbell stated that part of what was being faced were different objectives. If the process was too restrictive then it would have to go through the entire process to make a change. Staff was trying to accommodate reasonable changes without hindering the developer in the process. It took a long time to get these items through Planning and Zoning and Council. Council discussed the pros and cons of the proposal in terms of Council and Planning and Zoning involvement. City of Denton City Council Minutes April 16, 2013 Page 11 Council Member Roden stated that a developer could not push forward something just for the good for them. Staff would vet the issue before even a possible amendment for consideration. Mayor Burroughs stated that adding the Planning and Zoning Commission interjected the element of public involvement. The public interaction with the Planning and Zoning Commission covered his concerns about City driven issues. Arora stated that the process would stay with taking the amendments to the Planning and Zoning Commission and asking them for direction. Following the completion of the Work Session, the Council convened in a Closed Session to discuss the items listed below. 1. Closed Meeting: 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 certain real property interests located in the David Hough Survey, Abstract Number 646 (located generally in the 3900 block of Quailcreek Road), within the City of Denton, Texas. Consultation with the City's attorney's regarding legal issues associated with the acquisition or condemnation of the real property interests 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. (Mayhill Widening and Improvements project) 2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located (1) in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2100 block of South Bonnie Brae Street); (2) in the William Roark Survey, Abstract Number 1087, James L. Harris Survey, Abstract No. 555 and James Edmonson Survey, Abstract Number 400, Denton County, Texas (located generally in the 4500 block of South Bonnie Brae Street); and (3) in the William Roark Survey, Abstract Number 1087, Denton County, Texas (located generally in the 4600 block of South Bonnie Brae Street), all in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to City of Denton City Council Minutes April 16, 2013 Page 12 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. (Bonnie Brae Widening and Improvements project) B. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with the City's attorneys regarding status of litigation styled Consumer Service Alliance of Texas, Inc. v. City of Denton, Cause No. 2013-60479-393, currently pending in the 393rd District Court, Denton County, Texas. 2. Consult with the City's attorneys regarding legal issues associated with a personal services contract with the law firm of Kelsey, Kelsey, & Hickey dated February 6, 2013 as it regards legal work to be performed for the City for property acquisition for electric utility projects and for representation in the litigation styled Roth et.al. v. City of Denton. 3. Consult with City's attorneys regarding status and possible disposition of litigation styled Sutton, et al. v. City of Denton, Cause No. 2011-60760- 393, currently pending in the 393rd District Court, Denton County, Texas. 4. 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. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. National Day of Prayer Mayor Burroughs presented the proclamation for the National Day of Prayer. City of Denton City Council Minutes April 16, 2013 Page 13 2. Denton Redbud Festival Day Mayor Burroughs presented the proclamation for Denton Redbud Festival. 3. Presentation of Tree City USA Re-Certification Courtney Blevens of the US Forestry Service presented the City with the annual Tree City USA re-certification. 4. Jazz Appreciation Month and International Jazz Day Mayor Burroughs presented the proclamation for Jazz Appreciation Month and International Jazz Day. 5. Exercise is Medicine Month Mayor Burroughs presented the proclamation for Exercise is Medicine Month. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1) Tyler Carlton regarding an endorsement of marriage equality. Mr. Carlton requested that Council endorse a resolution for marriage equality in Denton. The City needed to be a model for other cities and provide a level of service for all citizens of Denton. Council should not be afraid to take a stand on social issues. There were three options for Council to consider: (1) take no action, (2) wait until more cities took action or (3) be one of the first cities for marriage equality. 2) Kat Ralph regarding an endorsement of marriage equality. Kat Ralph felt that she should have the same rights as anyone else in the city of Denton. 4. CONSENT AGENDA Mayor Burroughs indicated that Items L and S would be pulled for separate consideration. Council Member King motioned, Council Member Gregory seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items L and S. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, City of Denton City Council Minutes April 16, 2013 Page 14 Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Resolution No. R2013-009 A. Consider approval of a resolution allowing Metzler's Food & Beverage, Inc. to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 4, 2013, 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. The Parks, Recreation and Beautification Board recommends approval (6-0). Staff recommends approval of the request. Ordinance No. 2013-095 B. Consider the second of two (2) readings to consider the adoption of an ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH- 7 of approximately 143 acres (less those parcels identified in Exhibit "C") located on the east and north sides of Teasley Lane, south of Teasley Harbor subdivision and west of Southlake Drive, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains areas of land which are to be annexed pursuant to the City's 3-Year Annexation Plan; excluding properties within DH-7 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the City map to include this annexed area; providing a savings clause; and providing an effective date. (Second of two readings). Ordinance No. 2013-096 C. Consider the second of two (2) readings to consider the adoption of an ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH- 9 of approximately 298 acres (less those parcels identified in Exhibit "C") located north of Pockrus Page Road, north, south and northeast of Edwards Road, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains areas of land which are to be annexed pursuant to the City's 3-Year Annexation Plan; excluding properties within DH-9 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the City map to include this annexed area; providing a savings clause; and providing an effective date. (Second of two readings). Ordinance No. 2013-097 D. Consider the second of two (2) readings to consider the adoption of an ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH- 12 of approximately 1,154 acres (less those parcels identified in Exhibit "C") located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, and east and west of S. Trinity Road, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and City of Denton City Council Minutes April 16, 2013 Page 15 which contains areas of land which are to be annexed pursuant to the City's 3- Year Annexation Plan; excluding properties within DH-12 subject to non- annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the City map to include this annexed area; providing a savings clause; and providing an effective date. (Second of two readings). Ordinance No. 2013-098 E. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Euless under Section 271.102 of the Local Government Code for the purchase of Street Slurry Seal Services; providing for the expenditure of funds therefor; and providing an effective date (File 4395-Interlocal Agreement for Street Slurry Seal Services with the City of Euless, contract awarded to Viking Construction, Inc. for a not-to-exceed amount of $375,000). Ordinance No. 2013-099 F. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with Tarrant County under Section 271.102 of the Local Government Code for the purchase of seven (7) Chevrolet Tahoes for the City of Denton Police department; providing for the expenditure of funds therefor; and providing an effective date (File 5227- awarded to Caldwell Country Chevrolet in the amount of $190,806). Ordinance No. 2013-100 G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Personal Services Agreement by and between the City of Denton, Texas and Eagle and Wheeler for personal services pertaining to the daily pick-up, metering, and delivery of the City of Denton's residual mail to the United States Post Office; authorizing the expenditure of funds therefor; providing an effective date (File 4843 in an annual amount of $73,333 for a three year total not to exceed $220,000). Ordinance No. 2013-101 H. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of a joint Training Facility to be used by Denton area public safety entities; providing for the expenditure of funds therefor; and providing an effective date (RFP 5187-awarded to Schmoldt Construction, inc. in the amount of $1,401,517). Ordinance No. 2013-102 I. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the Reroofing of the portion of City Hall East that is to be used for the Denton Area Joint Training Facility; providing for the expenditure of funds therefor; and providing an effective date (RFP 5188- awarded to Castro Roofing of Texas, LP in the amount of $839,000). City of Denton City Council Minutes April 16, 2013 Page 16 Ordinance No. 2013-103 J. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of substation electrical connectors, associated connector hardware and the purchase or lease of tooling, from DMC Power Inc., which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5167-Purchase of Substation Electrical Connectors. Hardware and Tooling in a three (3) year amount not to exceed $1,220,000). The Public Utilities Board recommends approval (7-0). Ordinance No. 2013-104 K. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of substation protective relay and control panels for Denton Municipal Electric in a three (3) year amount not to exceed $1,430,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5159-awarded to Schweitzer Engineering Laboratories, Inc.). The Public Utilities Board recommends approval (7-0). Resolution No. R2013-010 M. Consider approval of a resolution re-appointing Timothy S. Fisher as the City's representative to serve as a member of the Board of Directors of the Upper Trinity Regional Water District; and providing an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-106 N. Consider adoption of an ordinance of the City of Denton, Texas, accepting four conveyances of Electric Transmission off-system facilities being interests in real property owned of record by Texas Municipal Power Agency, however, being held in trust for the benefit of the City of Bryan, the City of Denton, the City of Garland and the City of Greenville, Texas; which conveyances are evidenced by: (a) bill of sale, assignment of easements and quitclaim regarding certain interests in real property situated in Montague County, Texas; (b) bill of sale, assignment of easements and general warranty deed regarding certain interests in real property situated in Wise County, Texas; (c) bills of sale and assignment of easements regarding certain interests in real property situated in Brazos and Grimes Counties, Texas; wherein the said Texas Municipal Power Agency conveying said properties to the beneficial owners thereof, being its four member cities by the conveyances described hereinabove; further, an ordinance in turn authorizing the four conveyances of Electric Transmission off-system facilities from the City of Denton, Texas (as well as the other three Texas Municipal Power Agency member cities separately) being: (a) a bill of sale and assignment of easements and quitclaim to the Brazos Electric Power Cooperative, Inc. regarding certain interests in real property situated in Montague County, Texas; (b) a bill of sale, assignment of easements and deed without warranties to the Brazos Electric City of Denton City Council Minutes April 16, 2013 Page 17 Power Cooperative, Inc. regarding certain interests in real property situated in Wise County, Texas; and (c) bills of sale and assignment of easements to the City of Bryan, Texas regarding certain interests in real property situated in Grimes and Brazos Counties, Texas; providing for an effective date. The Public Utilities Board recommends approval (6-0). Approved the minutes listed below. O. Consider approval of the minutes of: March 4, 2013 March 5, 2013 March 19, 2013 Ordinance No. 2013-107 P.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 Graham Associates Inc. for engineering services associated with the Sherman Drive, Holiday Park, and Longfellow Wastewater Collection System Improvements project; authorizing the expenditure of funds therefor; providing an effective date (File 5236-in the amount of $135,835). The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-108 Q.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 Teague Nall and Perkins for engineering services associated with the Avenue A, Eagle Drive, Congress and Amarillo Wastewater Collection System project; authorizing the expenditure of funds therefor; providing an effective date (File 5237-in the amount of $158,560). The Public Utilities Board recommends approval (6-0). Resolution No. R2013-011 R.Consider approval of a resolution appointing members to the Board of Directors of the Industrial Development Authority Board; and providing for an effective date. Ordinance No. 2013-110 T.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make an application with the Texas Auto Burglary and Theft Prevention Authority for a grant to form a task force to focus on auto theft and auto burglary and take all other actions necessary to obtain and implement the program; and providing for an effective date. Ordinance No. 2013-111 U.Consider adoption of an ordinance abandoning and vacating an electric easement covering and encumbering a 0.094 acre tract, located in the Francis Batson Survey, Abstract No. 43, Denton County, Texas, granted to and accepted by the City of Denton on April 17, 2012, from RR Marketplace LP., a Delaware limited City of Denton City Council Minutes April 16, 2013 Page 18 partnership, and recorded as Instrument No. 2012-39183, Real Property Records, Denton County, Texas; and declaring and effective date. (Rayzor Ranch - Panera Ordinance No. 2013-112 V.Consider adoption of an ordinance of the City of Denton, Texas authorizing the Mayor to execute a First Amendment to Interlocal Cooperation Agreement (the "Amendment"), between the Denton County Transportation Authority ("DCTA") and the City of Denton, Texas ("City"), as attached thereto and made a part thereof as Exhibit "A", the Amendment amending that certain Interlocal Cooperation Agreement ("Interlocal Agreement"), by and between the City and DCTA, regarding the insurance requirements provided by the Interlocal Agreement, said Interlocal Agreement providing a license to DCTA to construct, operate and maintain bus shelters and related passenger amenities in city rights of way in locations more particularly described in the Interlocal Agreement: and providing for an effective date. Ordinance No. 2013-105 L. Consider adoption of an ordinance authorizing the City Manager to execute a "Further Extension to Amendment No. 1" to the "Memorandum of Understanding - The Environment," by and between the City of Denton, Texas and the University of North Texas which provides for the further extension of the terms of said agreement until September 30, 2016; providing for the expenditure of funds therefor; providing an effective date. Ken Banks, Director of Environmental Services and Sustainability, stated that this proposal was a long standing item between UNT and the City. The Memorandum of Understanding laid out the terms and conditions for small scale projects for a dollar amount and overhead that UNT would charge the City. There were a number of projects conducted through the Memorandum of Understand including watershed protection grants, stormwater grants, yearly mosquito monitoring. There was a general limitation of $25,000 per project and $100,000 per year. Council Member Watts motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Ordinance No. 2013-109 S. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2013 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date. Emerson Vorel, Director of Parks and Recreation, provided information on the item. He stated that the contract was with DISD to prepare the meals for the summer food program. The program was run by the Parks and Recreation Department and provided free lunch for low income student population during the summer months when traditional lunches were not provided. The grant covered 100% of the costs for the operation of the program. This program City of Denton City Council Minutes April 16, 2013 Page 19 was started in 1992 with 6 sites. Last summer the program included 22 locations and provided 39,015 lunches for children 1-18. Staff worked with the DISD, Community in Schools, the Denton Housing Authority and various church groups to get the word out about the program. Council Member Watts motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2013-113 A. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $68,265,000 in principal amount of "City of Denton Certificates of Obligation, Series 2013" (including up to $13,600,000 for General Government activities, up to $7,895,000 for Solid Waste Fund activities, and up to $46,770,000 for Electric, Water and Wastewater Fund activities); authorizing the issuance of the Certificates; delegating the authority to certain City officials to execute certain documents relating to the sale of the Certificates; approving and authorizing instruments and procedures relating to said Certificates; and enacting other provisions relating to the subject. Chuck Springer, Director of Finance, presented information on Items A and B. He noted that Council would need to vote separately on each item. Item A dealt with the issuance, sale and delivery of up to $68 million in Certificates of Obligation with $13.6 million for General Government, up to $7 million for Solid Waste and up to $46 million for electric, water and wastewater fund activities. On March 5th Council adopted the Notice of Intent to sell the bonds. As the bond market conditions could change rapidly, staff was recommending that the Council approve a delegated parameters sale for the COs. The parameters ordinance set the maximum amount of sale, the final stated maturity, the maximum net effective interest rate and delegation authority ending date. This would allow staff to execute the sale without additional Council approval. Once the exact terms of the transaction were determined, staff would provide Council with the additional information in an Informal Staff Report. Item B was for the sale of up to $19 million of General Obligation bonds. This would the first $4 million issuance of the street bonds approved by the voters in November 2012. The remaining $15 million would be a refunding of existing debt. This sale would also be a parameters sale as noted in the ordinance. It was anticipated that the sale would be sometime nd around April 22 depending on market conditions. Council Member Gregory asked how Denton’s bond rating compared to other cities in a fast growth mode similar to Denton’s. Springer stated that there were similar ratings across the Metroplex. Mayor Burroughs noted that very few cities had an electric utility that Denton had. City of Denton City Council Minutes April 16, 2013 Page 20 Springer stated that Denton was a full service city providing electric, having a landfill and water rights as opposed to a vast majority of cities in Texas. Council Member Watts questioned the savings on the refunding. Springer stated the estimate was $800,000 to $1 million over a 12 year period or approximately $70-$80,000 per year. Council Member King motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Ordinance No. 2013-114 B. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $19,000,000 in principal amount of "City of Denton General Obligation Refunding and Improvement Bonds, Series 2013"; authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; and enacting other provisions relating to the subject. This item was considered with Item A. Council Member Roden motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. C. Consider nominations/appointments to the City's Boards & Commissions. 1) Human Services Advisory Committee City Secretary Walters noted that the vacancy on the Human Services Advisory Committee was for an “All” position which was a nomination for any council member. Council Member Gregory nominated Dale Tampke. Council Member Gregory motioned, Council Member King seconded to approve the nomination. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. City of Denton City Council Minutes April 16, 2013 Page 21 2) Library Board City Secretary Walters noted that the vacancy on the Library Board was a nomination for Council Member Engelbrecht. Council Member Engelbrecht nominated Nancy Bluemel. Council Member Engelbrecht motioned, Council Member Watts seconded to approve the nomination. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 3) Public Art Committee City Secretary Walters noted that the vacancy on the Public Art Committee was a nomination for Council Member Gregory. Council Member Gregory did not have a nomination at this time. Resolution No. R2013-012 D. Consider approval of a resolution re-appointing a member to the Board of Directors of Texas Municipal Power Agency, a Joint Powers Agency representing the City of Denton, Texas; and declaring an effective date. Phil Williams, General Manager-DME, stated that Mr. Watts had served as one of the two Directors appointed by the City of Denton to the Texas Municipal Power Agency for the past two years. His term will expire on July 18, 2013. Council had invited Mr. Watts to serve for an additional two-year term which he had accepted. Council Member Engelbrecht motioned, Council Member King seconded to approve the resolution. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. 6. PUBLIC HEARINGS A. Hold a public hearing inviting citizens to comment on the City of Denton's 2013 Action Plan for Housing and Community Development. Barbara Ross, Community Development Administrator, presented the details regarding the Action Plan. This public hearing was an opportunity for citizens to comment on the Plan. Any comments received now and during the 30 day comment period after this public hearing would be included in the Action Plan and be available for review. The Mayor opened the public hearing. City of Denton City Council Minutes April 16, 2013 Page 22 No one spoke during the public hearing. The Mayor closed the public hearing. No action was required by Council on this item. 7. CITIZEN REPORTS There no citizen report for this meeting. 8. CONCLUDING ITEMS A.Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND 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 Gregory asked for an Informal Staff Report regarding any City policies regarding benefits for domestic partners and if any employees had requested such benefits. The report could include what the City was offering if anything and what any other cities in the area were offering that Denton could. Council Member Gregory asked for a report on a scenario on how to get to the proposed $10 million for street repairs to a 3-5 year period and how that would impact the budget. Council Member Gregory noted that the Arts and Jazz Fest was coming up. He also noted that the Chamber Orchestra was performing in Krum with the Denton Contemporary Ballet. Council Member Roden noted that there would be many events coming up in Quakertown Park for people to attend. Council Member Engelbrecht asked for notification when the City received feedback on the Texas Auto Theft Grant. City of Denton City Council Minutes April 16, 2013 Page 23 Council Member Engelbrecht noted that Fort Worth did water audits and asked if Denton considered such a program for water usage audits. Mayor Burroughs stated that he had asked for budget priorities from Council and had not seen those yet from Council. He requested a work session to discuss those priorities and also the unfunded projects from last year. Mayor Burroughs stated that he had asked for copies of notice cards from Planning. He indicated that he would like not just the ones from DME but also the standard notices that were put out. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Council did not return to the Closed Session. With no further business, the meeting was adjourned at 8:30 p.m. ———————————————————————————————————— MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ———————————————————————————————————— JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS