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January 08, 2013 Minutes CITY OF DENTON CITY COUNCIL MINUTES January 8, 2013 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Tuesday, January 8, 2013 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Engelbrecht, Council Member Watts, Council Member King, Mayor Pro Tem Kamp, Council Member Gregory, Council Member Roden and Mayor Burroughs ABSENT: None 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 January 8, 2013. There were no requests for clarification of agenda items. 3. Receive a report, hold a discussion, and give staff direction regarding the Neighborhood Empowerment Program. Katia Boykin, Planning Supervisor, presented the four essential elements for healthy neighborhoods. Those included civic empowerment, physical aesthetics, social stability, and economic vitality. In January Council approved an ordinance which established the Neighborhood Empowerment Program (NEP). The NEP established two grants; one was a neighborhood project matching grant for funding up to $10,000 and the other was a neighborhood micro-grant for funding up to $1000.00. Applicants for these grants included neighborhood organizations and neighborhood groups. Grant administration would be done either through the Community Development Department or the Economic Development Department. There would be an advisory board selection process with the Director of Community Development responsible for final approval. The purpose of the NEP was to improve the appearance of the neighborhoods and promote maintenance and enhancement of the neighborhood which would increase the neighborhood’s and adjacent neighborhood’s property value. Other goals included establishing community pride in the neighborhoods by involving residents more directly in all phases of the neighborhood development; improving public safety by establishing traffic control devices, monuments and other improvements; and improving public health by preserving and enhancing the environment to promote the public health, welfare and safety. The City of Denton Neighborhood Planning Program was reviewed in terms of goals and guiding principles. Proposed amendments to Ordinance – the intent of the proposed amendments was to provide flexibility for funding for projects and programs; place specific requirements in the implementation of materials; and have consistency between the ordinance and the implementation materials. The proposed Neighborhood Empowerment Advisory Board would consist of staff from Parks and Recreation, Engineering, Community Development, Planning, City of Denton City Council Minutes January 8, 2013 Page 2 Police, Code Enforcement and Economic Development. “Merit based” neighborhood members were removed to provide program objectivity. The current board evaluation criteria had six categories including replicability, self-evaluation, project quality, neighborhood match and neighborhood involvement. These were proposed to be combined into four project categories which would be merit based. Those included physical improvements; public safety programs or initiatives; cultural, educational and recreation programs; and neighborhood master plan or comparable studies. Original matching grant fund requirements included (1) assistance from other city funds could not be counted as part of the match; (2) at least 25% of the neighborhood's match had to come from the neighborhood itself as opposed to other funding entities; (3) volunteer hours were valued at $10 per hour; (4) the match had to be pledged and secured which meant that the donor had to specifically describe the contributions in the contract to confirm the commitment; and (5) individuals who donated professional services or skilled labor as part of the match could not also receive compensation from the City’s match money. The proposed matching grant funds requirement changes were (1) removed the requirements from the ordinance and put them in the implementation materials, (2) assistance from other city funds could be counted as part of the match, (3) at least 25% of the neighborhood’s match must come from neighborhood volunteers as opposed to other funding entities, and (4) volunteer labor would be valued at $12 per hour. Council Member Watts questioned the reason to remove the requirements from the ordinance to the implementation plan. Boykin stated that some of the items were very flexible such as payment for volunteer hours and it was easier to change the information in the implementation plan as opposed to the entire ordinance. She reviewed the statements that were proposed to be removed from the ordinance concerning incomplete applications. The implementation process would involve a three-step grant application process. Projects would be funded four times per fiscal year and applicants could apply twice within a fiscal year. Step one would be to schedule to attend a training workshop, Step 2 would be the completion of the grant application, Step 3 was the submission of one original and seven copies of the proposal. The criteria for disqualification or funding denial were reviewed as well as the criteria for funding approval. The NEP calendar included dates for training workshops, grant cycle opening dates, grant cycle closing dates, distribution dates, advisory board meetings, City Manger meetings and award announcement. A minimum of four training workshops would be held per year with the purpose of informing an applicant on how to complete the application, how to increase their opportunity for funding and how to implement a project. Council Member Gregory stated that it might be difficult for neighborhood groups to open a checking account and an individual might not want his social security number on that account. He asked if staff had suggestions on other means to accomplish that. City of Denton City Council Minutes January 8, 2013 Page 3 Boykin stated that the tool kit discouraged individual bank accounts as the individual would be solely responsible for the account. They encouraged the group to have a partner such as a church or non-profit organization to partner with. Staff also discussed with the groups what type of organization they wanted to be. Council Member Gregory questioned if it would be possible to use the Parks Foundation as a partner. Boykin stated that it would depend on what the group wanted to do and what the project was going to be. She detailed the step by step process for the neighborhood project grant award process. Staff was proposing that the City Manager make the final selection and send out information to those awarded and those not awarded. Those groups not awarded would have three opportunities to discuss why their project was not awarded funding. Mayor Burroughs felt that a reason for denial of a project would be from a procedural problem and not one of substance. One of the recommendations was to eliminate neighborhood participants from the advisory board and replace them with staff. He understood representatives from certain neighborhoods had conflicts as a project might be in their neighborhood but he was in favor of keeping as much public input as possible. He suggested an appeal process for a denial to go to the Human Services Advisory Committee or the Community Development Advisory Committee to allow community representatives to evaluate the project. The process would allow for a third party neighborhood wide review. Council Member Roden stated that the first presentation of this program had the Council Committee on Citizen Engagement involved as well as Council. It appeared that had been taken out of the proposal and he questioned why. City Manager Campbell stated that the size of the grants was not very large and with the history of incentive grants, it was felt that it would be best to keep a minimal amount of governmental involvement in order to move the project along. The proposal was changed so as to not make the process burdensome and get projects out the door. Those steps could be added back in but the suggestion by the Mayor was a good back stop. Mayor Burroughs felt it was a good idea to have a citizen committee involved because Council could then be informed if criteria was missing, if there were unintended consequences or if more money was needed for the program. City Manager Campbell stated that part of the charge to the staff committee was to make reports to Council on what funding occurred and to recommend enhanced funding if needed. Staff would also keep Council informed of the success of program. Council Member Engelbrecht stated that he liked either the Community Development Advisory Committee review or the Human Services Advisory Committee review as those committees were already looking at those types of services. He suggested an annual report to know what was happening with the program. He questioned how the funds would be released and how it was proven that the funds were spent correctly. City of Denton City Council Minutes January 8, 2013 Page 4 Boykin stated that a majority of the projects were reimbursement grants so the grantee had to submit documentation, receipts of what had done, etc. to get reimbursed. There were some occasions where upfront money was provided but most were reimbursement grants. City Manger Campbell stated that staff would know before the funds were provided that the project was done due to the reimbursement. Consensus of the Council was to proceed with the proposal with an adjustment to provide an appeal process either through the Human Services Advisory Committee or the Community Development Advisory Committee with staff determining which one to use. Mayor Burroughs announced that Council would be convening in Closed Session at this time to discuss Item 1.B.1. as listed on the Closed Session portion of the agenda. 1. Closed Meeting: B. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Phase I and proposed Phase II Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, moratorium on drilling and production and claims associated therewith, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance. Special Called Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers of 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 There were no proclamations/awards for this meeting. 3.CITIZEN REPORTS There were no citizen reports for this meeting. City of Denton City Council Minutes January 8, 2013 Page 5 4. CONSENT AGENDA Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the Consent Agenda and accompanying ordinances. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously. Ordinance No. 2013-001 A. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Fire Protection Services; and declaring an effective date. Ordinance No. 2013-002 B. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance Services; and declaring an effective date. Ordinance No. 2013-003 C. 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 Denton County, to provide for participation in the Scofflaw program; providing a savings clause and providing an effective date. Ordinance No. 2013-004 D. 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 Texas Department of Motor Vehicles (TxDMV), to provide for participation in the Scofflaw program; providing a savings clause and providing an effective date. 5. CITIZEN REPORTS There were no citizen reports for this agenda. 6. 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 City of Denton City Council Minutes January 8, 2013 Page 6 employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Watts requested an update his request for information for a pedestrian crosswalk at Welch and Eagle. Mayor Burroughs announced that Council would be returning to the Work Session and following that would be completing the Closed Session. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Council returned to the Closed Session following the completion of the Work Session. Council considered Work Session Item 4. 4. Receive a report, hold a discussion, and give staff direction on amending Subchapter 22 of the Denton Development Code, relating to Phase II of the Gas Well Drilling and Production Ordinance, Definitions, and Procedures. (DCA12-0005) Darren Groth, Gas Well Administrator, reviewed prior Phase II actions. He stated that the ordinance under consideration this evening was the fifth version drafted during the Phase II th revision. Nine items had changed in the draft ordinance since the December 18 meeting. Ordinance changes Page 4-5 – the reference to mobile homes was deleted since it was a habitable structure and was included in the term dwelling. The word “nonhabitable” was also deleted from the definition. Page 7 – hotel and motel was included in the definition of protected use. Page 13 – Subsection D was deleted and the remaining subsections relettered. Page 20 – the term salt-water disposal wells was revised to Class II injection wells. Page 53, the work “relevant” was inserted before “criteria” on the fifth line. Page 53 – after the heading, the sentence “In deciding variance requests, the Board of Adjustment shall consider, where applicable, the following relevant criteria” was added. Page 54 –the word “and” was deleted at the end of the subsection Page 54 – minor punctuation change was done. Page 54 – a new subsection was added “Where a variance is requested to reduce separation standards in 35.22.5.A.1 in addition to other relevant criteria, the extent to which owners of Protected Uses, or freshwater wells currently in use, or previously platted subdivision where one or more lots have habitable structure, have consented to reduction in separation standards in writing”. City of Denton City Council Minutes January 8, 2013 Page 7 DAG concerns – On January 7, 2013, staff met with DAG representative Adam Briggle. DAG presented 16 points of concern that remained from the fifth draft. Each concern was discussed in detail with Dr. Briggle and as a result of the discussion Dr. Briggle provided a statement indicating that they were still unsatisfied with certain elements. Specific recommendations were to (1) include compressor stations in the definition of a drilling production site so as to give the City the authority to regulate certain aspects of any polluting components of the pipeline system and (2) require operators to pay for pre-and post drilling freshwater well tests in the event that the well owner opts for such tests.. Council Member Gregory asked that the definition of dwelling be inclusive enough to included different types of habitable structures such as a barndominium. Groth stated that the specific definition was taken from the from gas well ordinance and moved to the Development Code. The Development Code had specific requirements for zoning elements and code requirements. The definition was taken out of the ordinance so that it did not just apply to the gas well ordinance to make it more uniform with the Development Code. Mayor Burroughs noted that one of the DAG remaining issues dealt with setbacks. He requested staff look into relevant issues with the city that differentiates properties with well drilling with 1000 foot versus 1500 foot issues and if that would affect city interests in that 500 feet. Council Member Engelbrecht asked if staff met with Dr. Briggle representing DAG and discussed the responses with him. Groth stated that DAG presented the City with 16 concerns and he discussed each concern with Dr. Briggle so he could share the information with the DAG group. Council Member Engelbrecht questioned how Council and staff could provide more information to the public regarding the issues with DAG. Council Member Roden stated that Mr. Groth did not provide legal information but rather practical information to DAG. He suggested capturing those responses to the DAG questions and perhaps placing them on the website. Council returned to the Closed Session at 7:05 p.m. to consider the following items: A. Consultation with Attorneys -Under Texas Government Code Section 551.071; and Deliberations regarding Real Property - Under Texas Government Code, Section 551.072. 1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2100 block of South Bonnie Brae Street), within the City of Denton, Texas. Consultation with the City's attorney's regarding legal issues associated with the acquisition or condemnation of tracts referenced above where a public discussion of City of Denton City Council Minutes January 8, 2013 Page 8 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. 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 Number 927, Denton County, Texas (located generally in the 1100 block of South Mayhill Road) within the City of Denton, Texas. Consultation with the City's attorney's regarding legal issues associated with the acquisition or condemnation of tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. B. Consultation with Attorneys - Under Texas Government Code Section 551.071. 2. Consult with City's attorneys regarding legal issues and strategies related to the adoption of proposed ordinances regulating Credit Services Organizations and Credit Access Business, 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. The Council returned to Open Session at 7:57 p.m. and with no further business, the meeting was adjourned. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS