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August 12, 2014 Minutes CITY OF DENTON CITY COUNCIL MINUTES August 12, 2014 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 12, 2014 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Johnson, Council Member Roden, Council Member Ryan, and Mayor Watts. ABSENT: None. 1. Work Session Reports A. ID 14-0369 Receive a report, hold a discussion, and give staff direction regarding the 2014-15 Proposed Budget, Capital Improvement Program and Five-Year Financial Forecast. Chuck Springer, Director of Finance, stated that the agenda backup contained answers to some of the questions Council raised during the budget presentation last week. He did not have a formal presentation for Council but was ready to answer questions. Council Member Ryan asked about Item #12 dealing with sidewalk standards for ADA and asked if any of these were for new sidewalks or if they were all replacements. Springer stated that some would be for new sidewalks. Requests had been submitted around schools and interconnectivity with the schools. The dollars were not prioritized at this point. Council Member Roden felt that a statement had been made at a Council retreat that there already was a master plan for sidewalks and that was the basis for the amount in the bond election. He questioned if there was no actual master plan for sidewalks but rather only a list of requests or staff identification of projects. Jim Coulter, General Manager, Water Administration, stated that elements of the pedestrian and bike plans had sidewalks indicated but that there was no comprehensive list at this point. Council Member Roden questioned the cost associated with a master plan for sidewalks and felt this would be a good opportunity for citizen involvement for a master plan for sidewalks. Coulter replied that the cost would be along the same lines as the bike plan. Individuals had provided destinations and those were worked into the bike plan. A pedestrian plan could be worked similar to that. There was no official pedestrian route at this time. Council Member Roden asked if the voters agreed with the bonds, were there dedicated funds for sidewalks for year to year. Coulter stated that there would be funding for the repair of sidewalks but other than the bond program there was no money dedicated for sidewalks. Mayor Watts requested a further breakdown of the economic develop supplement plan in terms th of salary, etc. That information could be provided at the August 19 meeting. City of Denton City Council Minutes August 12, 2014 Page 2 Presentation by Vickie Oppenheim and Katie Trice on the Community Market. Trice stated that she was the co-coordinator of the Community Market and presented information on a 2014 budget request and the long-term needs of the Market. The Market was need of support from Council to continue to grow. Oppenheim reviewed the accomplishments of the Market over five market seasons and the growth of the vendors. The current facilities were at a maximum with the parking lots generally full during peak hours. There also was increased traffic on social media and an increased number of staff hours working on the market. The current request was for funding for ongoing operations at least $16,000, to identify an alternative location as the Market continued to outgrow the current facilities. Additional needs included funding to support essential staff to run the Market. Without help, the Market was a risk and needed assistance. Future needs included a permanent indoor/outdoor facility to hold the Market year round, a study to select and fund a site in Denton and further define a public-private partnership with the city. The new facility could incorporate municipal facilities so that it would be a multi-purpose venue; a visitor's center, park, commercial kitchen, meeting room/event rooms, flex office space, community demonstration/learning garden, commissary, DCM offices, and indoor bathroom facility, Short term goals funding would help while more funding was solicited from other sources. They were considering raising the vendor fees but that would still leave a financial gap. They were also looking for other possible short-term locations since they have outgrown the current site. Council Member Hawkins asked about the business model in terms of membership and paying per day by the vendors. Trice stated that there were about 90 members who paid $11 per day at the market. Council Member Roden asked if they had applied for HOT funds through the City. Trice stated that they had to have a non-profit status and they had not received that yet from the IRS. Council Member Roden felt that HOT funds would be a good source of funding. He also felt that for the next season it would be essential to have a new location. Trice felt that the growth of the Market would be stunted if it stayed at its present location. They were looking for a larger green space which was difficult to do in a parking lot. Council Member Johnson asked what type of revenue was generated. Trice stated they had about $44,000. Council Member Johnson asked if the Market had to pay sales tax. Trice stated that the vendors had to have a sales tax identification number. Council Member Johnson asked what the Market generated in sales tax. Oppenheim stated that she did not have that figure. City of Denton City Council Minutes August 12, 2014 Page 3 Council Member Johnson asked how much space was need in the long term. Oppenheim stated two-three acres at a minimum which would not all have to be green space depending on where it was located. Council Member Gregory asked what increase the vendors could bear. Trice stated that they were proposing to go up to $20 per day and leave the membership fee the same. Council Member Johnson stated that if enough revenue was generated there might be a private entity that had the space that could be used on the weekends and which would get some revenue from it. He felt the market needed need to be downtown for best results. Council Member Gregory wanted know about other cities were doing to provide support for a community market. He felt that a large percentage of participants in the Market found out about it just by driving by it. Oppenheim stated by driving by and through Facebook or other social media. Mayor Pro Tem Engelbrecht felt that most community markets he had seen were set up on a hardscape such as a parking lot and questioned if there were problems with that kind of surface. Trice replied that an inviting landscape was needed such as a greenspace rather than a parking lot. Other venues could be included such as a street closure, etc. Following the completion of the Work Session, the City Council convened in a Special Called Meeting to consider the items listed below. 1. Items for Individual Consideration Ordinance No. 2014-243 A. ID 14-0373 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, calling an election to be held on November 4, 2014, within said city on the question of the issuance of $98,175,000 in ad valorem tax supported public securities for streets, public safety, drainage and parks; making provision for the conduct of the election; and containing other provisions incidental thereto; and declaring an effective date. Bryan Langley, Assistant City Manager, stated that this was a request to consider calling the th election on the November 4 for the bond election. There would be four separate propositions on the ballot. Mayor Watts stated that the actual ballot would have four distinct opportunities to vote on each of the four categories. Mayor Pro Tem Engelbrecht asked how the decision was made for the order of the different elections on the ballot. City of Denton City Council Minutes August 12, 2014 Page 4 City Attorney Burgess stated that the City would contract with the County for the conduction of the election. There would be an opportunity for input on which item to place first, etc. on the ballot. Council Member Gregory asked how close the Community Market was to making the bond project list. Tim Crouch, Bond Committee co-chair, stated that although it was a viable project for consideration it did not make it out of the Subcommittee due to unanswered questions. Mayor Pro Tem Engelbrecht motioned, Council Member Hawkins seconded to adopt the ordinance as written. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden “aye”, Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 2014-244 B. ID 14-0424 Consider adoption of an ordinance declaring certain Real Property consisting of a 1.6598 +/- acres and being a portion of North Lakes Park owned, held, or claimed by the City of Denton, Texas as a Park as excess property; ordering an election to be held in the City of Denton, Texas, on November 4, 2014, for the purpose of determining; making findings; providing a repealer clause; providing a severability clause; providing for a penalty; and providing for publication and an effective date. Pamela England, Real Estate Specialist, stated that this was a request for the exchange of park property. Per State law the sale of the excess park property would have to be approved by the voters. Mayor Watts asked what would be the process if the voters approved the sale. England stated that once the issue was approved by the voter, the City would have to have appraisals done and then proceed with the sale. Council Member Gregory stated that even if approved by the voters, the City was under no obligation to sell the property. England stated that was correct. Council Member Gregory motioned, Mayor Pro Tem Engelbrecht seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden “aye”, Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Resolution No. R2014-029 C. ID 14-0421 Consider approval of a resolution creating an ad hoc City Council committee to interface with the Historic Landmark Commission and review the City of Denton City Council Minutes August 12, 2014 Page 5 operations, procedures, powers, duties, policies and regulations related to historic landmark preservation and historic districts in the City of Denton, Texas and to advise the City Council with regard to these matters; and providing an effective date. Brian Lockley, Director of Planning and Development, presented the details of the proposal. The City Council ad hoc committee would be composed of three members of Council, appointed by the Mayor and approved by Council. The members would be current elected members and upon completion of the tasks, the committee would be dissolved. He noted that the Historic Landmark Commission (HLC) wanted to be involved in the process. Mayor Watts stated that he wanted to be sure that the Historic Landmark Commission (HLC) was involved. He was uncomfortable with the language as it was looser than he had anticipated in terms of cooperation with the HLC. He wanted them involved as structural process and not just come and attend the meetings. He did not mean for the ad hoc committee to be in current HLC issues and the committee would not consider those as an aside of coming to Council. Lockley stated that the current authority of the HLC would remain and the ad hoc committee would not replace the current structure. He felt the discussion would be if the duties of the HCL were outdated and that the ad hoc committee would make sure the wording of the duties was in line with other objectives. He did not recall the committee being involved with current issues. The ad hoc committee would review an overview of theordinance and work with the HLC to determine any changes. Council consensus was that procedure was correct. Council discussed the powers and authority of the HLC in terms the ad hoc committee consideration, the possibility of providing a sunset provision for the ad hoc committee to review the progress in a year or eighteen months and the procedure of the ad hoc committee reviewing the original ordinance and presenting suggested changes to the entire Council to consider. Council Member Gregory stated that the Council was not trying to take away any duties or power from the HLC but was trying to clarify the duties and tasks of the HLC and get feedback from the HLC during the process. Council Member Hawkins motioned, Council Member Roden seconded to approve the resolution. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden “aye”, Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. D. 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 City of Denton City Council Minutes August 12, 2014 Page 6 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. There were no items presented by Council. Following the completion of the Special Called Meeting, the City Council convened in a Closed Meeting at 4:23 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 14-0400 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Receive competitive public power information and competitive financial information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for FY 2014-2015, including without limitation, revenues, expenses, commodity volumes, and commitments; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. B. ID 14-0427 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City’s attorneys regarding legal rights, restrictions, and obligations under Texas law, associated with overlapping extraterritorial jurisdictions claimed by municipalities neighboring the City of Denton, Texas, as well as possible negotiated resolutions of such matters, where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation. C. ID 14-0454 Consultation with Attorney’s - Under Texas Government Code, Section 551.071. Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with 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 authority regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen’s initiative regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Minutes August 12, 2014 Page 7 With no further business, the Council returned to Open Session and the meeting was adjourned. ____________________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS