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August 04, 2015 MinutesCITY OF DENTON CITY COUNCIL MINUTES August 4, 2015 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 4, 2015 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Roden, Council Member Johnson, Council Member Hawkins, Council Member Briggs, Mayor Pro Tern Gregory, and Council Member Wazny. ABSENT: Mayor Watts Mayor Pro Tern Gregory questioned Council about moving the gas well ordinance to the last item of the meeting. Consensus of the Council was to move the item. 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 August 4, 2015. Council Member Johnson questioned Consent Agenda Item H and if any of the local universities had the same capabilities and if so, provide them with the same program. Jon Fortune, Assistant City Manager, stated that this contract was a continuation of work started with them but UTA had a program geared to do that. Work Session Reports A. ID 15 -625 Receive a report, hold a discussion, and give staff direction regarding nominations to the City's Boards and Commissions. City Secretary Walters noted the nominations that had been submitted and the vacancies that still existed. Council discussed the nominations and noted that they would be voted on at the regular meeting. B. DCA14 -0009L Hold a discussion on complementary amendments to the Denton Development Code; specifically Subchapters 5, 16, and 22, relating to Gas Well Drilling and Production, Definitions, and Procedures; in order to reconcile Denton's gas well regulations with House Bill 40 that was signed into law on May 18, 2015. This item was not considered. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 1:10 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. Closed Meeting: City of Denton City Council Minutes August 4, 2015 Page 2 A. ID 15 -661 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests, to wit: 10.720 acre tract situated in the R.B. Longbottom Survey, Abstract No. 775, and the Caswel Carter Survey, Abstract No. 275, located in the City of Denton, Denton County, Texas, and more particularly described on Exhibit "A ", and located generally on and north of, the 2900 to 3000 block of E. University Dr., in the City of Denton, Denton County, Texas, for the construction, expansion and use of electric substations, switch stations or power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation.[ID 15 -547] (Purple route, Prescott) B. ID 15 -639 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086 Receive competitive public power competitive information and financial information from staff regarding the proposed FY 2015 -2016 operating budget for Denton Municipal Electric ( "DME ") including without limitation, proposed rates for DME for FY 2015 -2016, expected revenues, expenses, commodity volumes, and financial commitments of DME; discuss, deliberate and provide staff with direction. C. ID 15 -645 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment. D. ID 15 -660 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding potential litigation and legal issues and strategies associated with property located at 1003, 1005 and 1007 E. Sycamore, and Al 184a H. Sisco, Tr 15, where a public discussion of such 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. This item was not considered. City of Denton City Council Minutes August 4, 2015 Page 3 E. ID 15-677 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding economic development incentives for a business prospective in the Cole Ranch Development. This discussion shall include commercial and financial information the City Council may receive from the business owners which the City seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations, including the offer of financial or other incentives. Also hold a discussion with the City's attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. F. ID 15-585 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal 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; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; 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 ordinance and pending litigation styled George P. Bush, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15-02058-362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-08933-431 currently pending in the 431st District Court of Denton County 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. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. Mayor Pro Tem Gregory announced that the gas wells ordinance would be considered at the end of the meeting. 1. PLEDGE OF ALLEGIANCE City of Denton City Council Minutes August 4, 2015 Page 4 The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS /PRESENTATIONS 3. CITIZEN REPORTS A. ID 15 -646 Monica Jones regarding a complaint on Animal Control and Code Enforcement. Ms. Jones was not present at the meeting. 4. CONSENT AGENDA Council Member Hawkins motioned, Council Member Roden seconded to adopt the Consent Agenda Items A -P with the exception of Item D and E for separate consideration. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously. Confirmed the re- appointment as noted below. A. ID 15 -515 Consider and confirm the re- appointment by the City Manager of Paul Abbott to the Civil Service Commission. Ordinance No. 2015 -220 B. ID 15 -547 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract of Sale between the City of Denton, Texas(" City"), as buyer, and Prescott Interests, LTD., a Texas Limited Partnership ( "Owner "), as seller, to acquire fee title to an approximate 10.720 acre tract situated in the R.B. Longbottom Survey, Abstract No. 775, and the Caswel Carter Survey, Abstract No. 275, located in the City of Denton, Denton County, Texas, and more particularly described on Exhibit "A ", and located generally on and north of, the 2900 to 3000 block of E. University Dr., ( "Property Interest ") for the purchase price of One Million and Seven Hundred Thousand Dollars and no cents ($1,700,000.00) and other consideration, as prescribed in the Contract of Sale ( "Agreement "); authorizing the expenditure of funds; and providing an effective date. Ordinance No. 2015 -221 C. ID 15 -555 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for street milling services for the City of Denton; and providing an effective date (RFP 5846- awarded to Dustrol, Inc. in the three (3) year not -to- exceed amount of $400,000). Resolution No. R2015 -018 F. ID 15 -590 Consider approval of a resolution approving the 2014 Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) Annual Report; and declaring an effective date. City of Denton City Council Minutes August 4, 2015 Page 5 Ordinance No. 2015 -224 G. ID 15 -599 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for construction of Poured in Place Retaining Walls for the City of Denton Kings Row Substation Addition; providing for the expenditure of funds therefor; and providing an effective date (RFP 5810- awarded to DynaGrid Construction Group, LLC in the not -to- exceed amount of amount of $599,683.30). The Public Utilities Board recommends approval (4 -0). Ordinance No. 2015 -225 H. ID 15 -600 Consider adoption of an ordinance of the City of Denton, Texas approving an Interagency Cooperation Contract by and between the University of Texas at Arlington and the City of Denton, Texas for a term of three years to provide landfill sampling and testing of mined materials; monitoring gas emissions during the mining process; monitoring and characterizing storm water and leachate; evaluating and recommending a dust management system for mining operations; investigate the mined samples; investigate the energy potential of the mined materials; develop landfill mining protocol; municipal solid waste (MSW) sampling and evaluation; and determine moisture content analysis during the ongoing Enhanced Leachate Recirculation (ELR) operations for the City of Denton landfill in an amount not -to- exceed $399,806; providing for retroactive approval, confirmation and ratification thereof, authorizing the City Manager or his designee to execute said contract on behalf of the City of Denton; providing for the expenditure of funds; providing an effective date (File 5892). The Public Utilities Board recommends approval (6 -0). Ordinance No. 2015 -226 L ID 15 -601 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of electric substation and transmission line easement site preparation services for the City of Denton; and providing an effective date (RFP 5761- awarded to Mann Robinson and Son, Inc. in the three (3) year not - to- exceed amount of $21,990,000). The Public Utilities Board recommends approval (4 -0). Ordinance No. 2015 -227 J. ID 15 -622 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; authorizing the expenditure of funds; and providing for an effective date. (1,475) Ordinance No. 2015 -228 K. ID 15 -631 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas, and Giving Hope, INC. for funds that will be used for Homeless Prevention Assistance; providing for the expenditure of funds; and providing for an effective date. ($600) City of Denton City Council Minutes August 4, 2015 Page 6 Ordinance No. 2015 -229 L. ID 15 -634 Consider adoption of an ordinance authorizing an agreement between the City of Denton, Texas and the Denton Black Chamber of Commerce; authorizing the expenditure of funds; and providing for an effective date. ($950) Approved the minutes listed below. M. ID 15 -670 Consider approval of the minutes of June 23 and June 30, 2015. Ordinance No. 2015 -230 N. ID 15 -678 Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2014 -423, prescribing the number of positions in each classification of police officer; providing a repealer clause; and declaring an effective date. Ordinance No. 2015 -231 O. ID 15 -680 Consider adoption of an ordinance repealing Ordinance No. 2011 -038 and enacting a new Section 2 -29 of the City of Denton Code of Ordinances relating to Rules of Procedure for the City Council of the City of Denton; and declaring an effective date. Ordinance No. 2015 -232 P. ID 15 -681 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 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. Item D was considered. Ordinance No. 2015 -222 D. ID 15 -579 Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2014 -2015 Budget and Annual Program of Services of the City of Denton to allow for adjustments to the Electric Fund of ten million dollars ($10,000,000) for the purpose of paying off outstanding debt, and the Materials Management Fund of two million seven hundred thousand dollars ($2,700,000) for the purpose of purchasing additional material inventory related to increased capital construction throughout the city; declaring a municipal purpose; providing a severability clause, an open meetings clause and an effective date. The Audit/Finance Committee recommends approval (3 -0). Chuck Springer, Director of Finance, stated that Item D was a budget amendment for two departments. Materials Management would have a budget increase in order to cover warehouse purchases and sales for the CIP. The second amendment was amending the DME operating budget for use of funds to pay down some of the TMPA debt as opposed to cash. Not all of the dollars might be needed but staff wanted to be sure there was enough to cover the payoff. City of Denton City Council Minutes August 4, 2015 Page 7 Council Member Johnson motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously. Ordinance No. 2015 -223 E. ID 15 -580 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $40,860,000 in principal amount of "City of Denton General Obligation Refunding Bonds, Series 2015" (including up to $17,645,000 for Electric Fund activities, up to $17,410,000 for Water Fund Activities, and up to $5,805,000 for Wastewater Fund activities); 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. The Audit/Finance Committee recommends approval (3 -0). Chuck Springer, Director of Finance, stated that this item authorized refunding bonds for the utility system. A refinancing TMPA debt payment was due in the upcoming fiscal year. $10 million plus $3 million in bonds would be used to refinance to 2024 to level out the impact on rate payers. The debt schedule would remain the same and reduced the interest for a total savings over $3 million. Council Member Roden motioned, Council Member Johnson seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 15 -624 Consider nominations /appointments to the City's Boards and Commissions: Airport Advisory Board; Animal Shelter Advisory Committee; Community Development Advisory Committee; Health & Building Standards Commission; Historic Landmark Commission; Human Services Advisory Committee; Library Board; Parks, Recreation and Beautification Board; Planning and Zoning Commission; Public Art Committee; Public Utilities Board; Traffic Safety Commission; and Zoning Board of Adjustment. Council Member Roden motioned, Council Member Johnson seconded to adopt the nominations discussed during the Work Session except for the Animal Shelter Advisory Board and the Zoning Board of Adjustment. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously. Council considered the nominations for the Animal Shelter Advisory Board. Council Member Wazny stated that her nomination, David Zoltner, was a licensed practicing veterinarian, a longtime resident and had volunteered for the positon. City of Denton City Council Minutes August 4, 2015 Page 8 Council Member Wazny motioned, Council Member Briggs seconded to approve the nomination for David Zoltner. On roll call vote, Council Member Briggs "aye ", and Council Member Wazny "aye ". Council Member Roden "nay ", Council Member Johnson "nay ", Council Member Hawkins "nay ", and Mayor Pro Tem Gregory "nay ". Motion failed with a 2 -4 vote. Council Member Roden motioned, Council Member Hawkins seconded to approve the nomination of Kathleen Duffy to the Animal Shelter Advisory Committee. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously. Council Member Roden motioned, Council Member Johnson seconded to approve the nominations of Sara Bagheri, Greg Sawko, Jchon Paradise, John Morris and Connie Baker to the Zoning Board of Adjustment. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye" and Council Member Wazny "aye ". Motion carried unanimously. Council Member Roden motioned, Council Member Johnson seconded to approve the nomination of Marshall Surratt to the Zoning Board of Adjustment. Council Member Hawkins noted that this was a reappointment and that Mr. Surratt had good attendance at the meetings. Council Member Wazny clarified that the only way to look at Candidate 42 would be if Candidate 41 did not pass. Council Member Johnson indicated that Council was not saying one candidate was better than the other. It was a situation where this was a reappointment with no missed meeting and a willingness to continue. Council Member Briggs indicated that her nomination was Cathy McMullen. On roll call vote to appoint Marshall Surratt to the Zoning Board of Adjustment, , Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", and Mayor Pro Tem Gregory "aye ", Council Member Briggs "nay ", and Council Member Wazny "nay ". Motion carried with a 4 -2 vote. 6. PUBLIC HEARINGS Ordinance No. 2015 -234 A. Z15 -0013 Hold a public hearing and consider a rezoning from a Neighborhood Residential 4 (NR -4) district to a Community Mixed Use General (CM -G) district on approximately 8.04 acres of land generally located on the west side of Teasley Lane (FM 2181), approximately 600 feet north of Hickory Creek Road. The Planning and Zoning Commission recommends approval (5 -0). City of Denton City Council Minutes August 4, 2015 Page 9 Aimee Bissett, Director of Planning and Development, presented the details of the proposal. This was a rezoning for a Sprouts Shopping Center. She presented the current zoning, proposed zoning, future land use map, and background of the proposal. Considerations included residential growth, mobility plan, FEMA Floodplain, and Teasley widening. She reviewed the criteria for approval which the proposal met. The Planning and Zoning Commission and staff recommended approval. Council Member Hawkins stated that only the zoning was being considered at this meeting. Bissett stated that was correct. Council Member Roden asked about an estimated time for completion. Bill Winkelmann, Civil Engineer on the project, stated that it was hoped to have it completed in September. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Hawkins motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously. Ordinance No. 2015 -235 B. Z15 -0018 Hold a public hearing and consider a rezoning from a Neighborhood Residential 2 (NR -2) district to Community Mixed Use General (CM -G) district on approximately 1.7 acres of land generally located on the east side of North Bonnie Brae Street, approximately 475 feet north of West University Drive (U.S. 380). The Planning and Zoning Commission recommends approval of the request (5 -0). Aimee Bissett, Director of Planning and Development, presented the details on the proposal for the North Lakes Shopping Center. She presented the location, existing and proposed zoning, future land use map, and consideration of the property. The criteria for approval was reviewed which the property met. The Planning and Zoning Commission and staff recommended approval. The Mayor opened the public hearing No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Hawkins motioned, Council Member Wazny seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member City of Denton City Council Minutes August 4, 2015 Page 10 Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously. Ordinance No. 2015 -236 C. Z15 -0014 & S15 -0005 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an initial zoning district and use classification of Neighborhood Residential 1 (NR -1) and a Specific Use Permit (SUP) for a Semi - Public Hall, Club, or Lodge. The approximately 10.8 acre site is generally located on the east side of Barthold Road and approximately 2700 feet south of Ganzer Road; adopting an amendment to the City's official Zoning Map and providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z15 -0014 and S15- 0005). The Planning and Zoning Commission recommended approval of this request (5 -0), subject to conditions. Aimee Bissett, Director of Planning and Development, presented the details of the proposal for an initial zoning of NR -1 and a Specific Use Permit to allow the Denton Police Association to use the property. The location would be used by officers on duty during meal breaks and for general membership meetings which was not permitted in the RD -5X zoning. She presented the location of the proposal, current zoning, surrounding zoning, surrounding land uses, and future land uses. The site had an existing structure that would remain plus an addition of 400 feet for restrooms. If approved the site must comply with applicable DDC requirements for a building permit. The criteria for approval were reviewed which the proposal met and the criteria for the specific use permit which the proposal also met. The staff recommended approval subject to conditions and the Planning and Zoning Commission's conditions. The Mayor opened the public hearing. Virginia Nichols, 1601 Oak Shore Court, Cross Roads, spoke in favor. The Mayor closed the public hearing. Council Member Johnson motioned, Council Member Wazny seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Council considered Item B. B. DCA14 -0009j Consider adoption of an ordinance amending Subchapters 5, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14- 0009j). The Planning and Zoning Commission recommends approval (7 -0), with amendments. City of Denton City Council Minutes August 4, 2015 Page 11 Darren Groth, Gas Well Administrator, presented the details regarding the gas well ordinance revisions. His presentation would include a discussion of actions taken by the Planning and Zoning Commission and City Council, a discussion on the posted draft ordinance and changes from the current ordinance. The issue was remanded to the Planning and Zoning Commission which recommended the current ordinance with amendments. There was significant discussion during both hearings which resulted in revisions based on comments from stakeholders, public input, and both the Planning and Zoning Commission and Council deliberations. This resulted in a draft ordinance which was posted to the City's website on Friday, July 13, 2015. Changes from the current ordinance — Denton Development Code (DDC) Section 35.5.10 was a new section added to zoning chapter of the DDC dealing with zoning setbacks. Setbacks were based on the location of the drilling and production site by zoning district. New well setbacks remained at 1,000 feet in residential and commercial zoning districts. It clearly defined measurements for existing sites. The setbacks were measured from the edge of the gas well development site pad (GWDSP) boundary. In industrial districts the setbacks for existing sites would be 250 feet. In all other districts, the setback for the site of an existing site would be 500 feet with a minimum of 250 feet and a reverse setback of 250 feet. In master planned communities and planned developments, the setbacks for an existing site would be as approved in their regulations. Other changes included (1) authorization via the GWDSP that allowed multiple wells per site (35.5.10.3), (2) a GWDSP would be required for new wells (35.5.10.4) with a presumptive size limit of 3 acres unless proved by the operator, (3) constructed site verified through an as -built GWDSP to ensure location of sites (35.5.10.4), (4) as -built GWDSP required a permit, (5) per Section 35.5.10.6 setback reductions would require waivers from 100% of protected uses, approval from the Zoning Board of Adjustment or administrate relief if the operator agreed to restrict existing drilling and production sites by not adding any additional new wells, and (6) definitions were added or modified to ensure clear consistent descriptions. Significant new notification provisions were added that included (1) new signage requirements to ensure sites were clearly marked for the benefit of the public, (2) city and property notices for various activities, and (3) property purchase notices in a site proximity. Redesigned sound mitigation procedures required professionals qualified in noise mitigation to submit a noise management plan. There were enhanced standards if setback distances were reduced. The production monitoring stipulated periodic evaluations to determine if onsite equipment was function as designed. Council Member Hawkins asked for an explanation of why the measurements were being taken from the edge of the well site rather than the well head. Groth stated taking measurements from the well head might result in changing distances as additional wells were drilled. Measuring from the boundary protected the movement of the wells and allowed for additional wells on the same location. By having a site setback all operations were covered in that location. Council Member Hawkins asked how that protected the adjacent property owner. Groth stated that it provided a clear delineation with a one -time measurement as opposed to multiple measurements. Council Member Roden stated that public comments had been made that this ordinance represented changes as a major retreat from the previous ordinance. As he saw it, this was not a City of Denton City Council Minutes August 4, 2015 Page 12 retreat but a better ordinance. Prior to this amendment, he questioned what the current setback for new wells was. Groth stated that 2013 ordinance had 1200 distance from the site for every well. Council Member Roden questioned what the minimum setback was in the 2013 ordinance. Groth stated that it was 500 feet. Council Member Roden questioned what the reverse setbacks were in the 2013 ordinance. Groth stated they were 250 feet but that there were problems with the application of that as there were many sites that predated the 2013 ordinance. This change would provide the same separations from existing sites and new sites to 250 feet. Council Member Roden stated that one item of discussion was trying to give first responders a 300 foot buffer. So while the setback was 250 feet he questioned how the effective setback of 300 feet was being achieved. Groth stated that it was the practice when responding to an emergency to set up a perimeter of 300 feet. The ordinance addressed their guidelines by a 300 foot build area. So within the property the rear setback could be used and within the gas well drilling production site, any internal setbacks would be used to meet a 300 feet separation for equipment that produced or stored flammable materials. Council Member Roden asked about the notification requirements in the 2013 ordinance. Groth stated that there was confusing language on how notices were sent. The proposed ordinance added clarifications for (1) signage at the location, (2) an application requirement that was not in the prior ordinance which provided an opportunity for the operator to notify surrounding properties regarding a site application, (3) newspaper notification, and (4) a sign posted at the location indicating an application had been filed. There was also clarification for actual activity on a site which allowed the operator to notify residents more frequently. Council Member Roden stated that not just property owners would be notified but also residents. Groth stated that the specific activity notification would go to the dwellings so renters would also be notified. Council Member Roden stated that the addition of a sound engineer was new. Groth stated yes that the sound engineer would identify for the operator and the City steps that the operator must take to ensure the ambient noise level was being followed. The noise management plan would address the levels and provide mitigation standards. Council Member Roden stated that production monitoring was also new. City of Denton City Council Minutes August 4, 2015 Page 13 Groth stated that an evaluation would be done of the equipment at each site to ensure it was operating within correct standards. Council Member Wazny stated that a notice with any type of production would go to the property so the renter would be notified. Regarding any type of waiver, it was the property owner who would have any type of authority for a waiver and not the renter. Council Member Hawkins asked about an access and transportation plan. Groth stated that this was already in the ordinance but it would now be used to identify that site access could not be taken from a neighborhood street. Council Member Briggs asked about waivers and notification. By moving into the well, it was an automatic waiver from the production site setback. Groth stated that waivers would be required from 100% of the protected uses. One of the ways to get that was to ask for a signed letter from each protected use owner. If the property owner developed up to the reverse setback, there would not be a need to go back for a signed waiver. Council Member Hawkins stated that if a house went to the gas well it would be a 250 foot setback. If another well was put on the site, the setback would be 250 feet. Groth stated that with an existing site, if an operator not in an industrial site requested a gas well development site plan, the distance would be 500 feet plan with opportunities to reduce that amount. The following Speaker Cards were submitted: Larry Beck, 915 E. Sherman, Denton, - no option noted on card Topher Jones, 419 Fulton, Denton — in opposition Ed Ireland, 777 Taylor, Fort Worth — in opposition Council Member Roden stated that an ordinance needed to be commercially reasonable. What might be commercially reasonable within one area of the City might not work as opposed to another portion of the city. Ireland stated that HB 40 did not specify between municipalities. It depended on how it was interpreted. Randy Sorrells, 2604 Roselawn, Denton — in opposition Bobby Jones, 1824 S. Bonnie Brae, Denton — in opposition Gilbert Horton, 1209 CR 1304, Bridgeport — in support Walt Lindrose, 825 Lynhurst, Denton — no option noted on card Chris Rosprim, 2113 Emerson, Denton — in support Branden Finley, 806 Denton Street, Denton — in opposition Elida Tamez, 1700 Willowwood, Denton — in opposition City of Denton City Council Minutes August 4, 2015 Page 14 Council Member Johnson stated that the last speaker and several others had brought up conflict of interest issues associated with him. City Attorney Burgess stated that the Legal Department had looked at length at the issue and had provided an opinion that there was no conflict of interest under the provisions of State law, the Charter and City ordinances. Council Member Hawkins stated that Council Member Johnson had high standards of character and was frustrated over those allegations. Jeff Hardgrave, 5420 LBJ Freeway, Dallas — in opposition to natural gas storage Council Member Roden questioned what portion of the ordinance would affect their operation. Hardgrave stated that the pad site was less than two acres and 1000 feet would put them in another neighborhood. Council Member Roden asked for an understanding for the Atmos site Groth stated that the ordinance would include those types of wells so if Atmos drilled a new well it would require a permit and the notification provisions. If there was no site plan, the new requirements would not apply and Atmos could continue operations as they currently were doing. Council Member Roden requested staff work with Atmos to understand the issues for them. Groth stated that Atmos could operate as is and the new provisions would only apply if something changed. There should be no conflict with current operations. Mayor Pro Tem Gregory stated that the moratorium expired in a couple of weeks and there was nothing posted to extend it which meant some action had to take place at this meeting. In the future, revisions might have to be done as situations arose. This would be on going work that would have to be done Carol Soph, 1620 Victoria, Denton — in opposition Ed Soph, 1620 Victoria, Denton — in opposition Jennifer Lane, 126 Willowwood, Denton — in support and in opposition Ron Seifert, 1400 Morin, Denton — in support Cindy Spoon, no address provided — no option noted on card Council Member Roden asked for comments from the Gas Well Administrator to allow for a variance in terms of conditions authorized to grant a variance. Groth stated that the ordinance allowed for an administrative variance to reduce a setback in the event the operator would be willing to restrict two or three sites which would be recorded. A waiver would reduce three sites to one site. Council Member Roden stated that the end result would be fewer new wells on multiple sites. He would like this use to be in industrial/commercial uses. City of Denton City Council Minutes August 4, 2015 Page 15 Council Member Wazny stated that an approved master planned community and a planned development would not have to conform to the new regulations. A new master planned community would have to conform to the new rules. Tara Linn Hunter, 918 Bell, Denton — in opposition Council Member Roden questioned if the notification process had variances for the renter of the property to waive certain rights on behalf of property owner. City Attorney Burgess stated that a concern was one of standing in terms of who would have standing to effect waivers on behalf of the property. They had determined that it would need to be the property owners as renters could not do it on behalf of the property owner. Mayor Pro Tem Gregory suggested that an amendment on notification timeline might be needed. If the notice was too far in advance people might ignore it or forget it. Jodi Ismert, 819 Anna, Denton — in opposition Morgan Larson, 2210 Westwood, Denton - in opposition Council Member Briggs asked for an explanation why a variance would go to the Zoning Board of Adjustment. City Attorney Burgess stated that the ordinance was unique as it was crafted as a zoning ordinance. As such, it put the variance process into the Zoning Board of Adjustment to follow State law which indicated that variances went to the Zoning Board of Adjustment and not to Council. Council Member Briggs questioned what types of pits were allowed. Groth stated that the requirement for pits were for fresh water pits and if they were not, they would not meet the requirements. Mayor Pro Tem Gregory questioned why the ordinance was in the zoning code. City Attorney Burgess stated that in early 2000 gas well drilling was approached with gas well plats which were required. The ordinance at that time was crafted to assist with problems with the plats. Kelli Barr, 1005 W. Hickory, Denton — in opposition Rosemary Candelino, 602 Woodland, Denton — in opposition Deborah Armintor, 2002 Mistywood Lane, Denton — in opposition Earl Bates, 5163 Shaw Lane, Denton — in opposition Comment cards were received from the following: Sandra Kelly, 2002 W Hickory, Denton — in opposition Michael Hennen, 724 Thomas, Denton — in opposition Lori Holtzclaw, 810 Denton Street, Denton — opposed Sue Smith, 1819 Crescent, Denton — no option noted on card City of Denton City Council Minutes August 4, 2015 Page 16 John Goodman, 424 Bernard, Denton — in opposition Todd Ellis, 3437 Crisoforo, Denton — in opposition Alison Trapp, 3437 Crisoforo, Denton — in opposition Rhonda Love, 1921 Hollyhill, Denton, - in opposition Adam Briggle, 1315 Dartmouth, Denton — in support Justin Lemons, 809 Emery, Denton — in opposition Dianna Robinson, 2508 Rockwood, Denton — in opposition Council Member Roden stated that the reverse setback issue was difficult as Denton could not regulate the industry as desired due to the State legislature. He had a question regarding whether the Fire Marshal was comfortable with the level as proposed. Robin Paulsgrove, Fire Chief, stated that the ordinance had an effective 300 feet that achieved their 300 foot minimum. Options to reach that depended on where that was measured from. It included putting combustibles further to the center of a pad or pushing a development structure back further onto a lot that would encroach on the zone. That would effectively achieve the 300 foot goal. City Attorney Burgess indicated that Council should act on the substitute cover ordinance and in addition, staff had prepared and cleaned up the sections in the underlying ordinance consistent with what they saw earlier. Look at this as a package and substitute it in the motion. Council Member Briggs motioned to postpone consideration of the ordinance until the Mayor was present as there was a need for the full Council to vote on the proposal. Motion died for lack of a second. Council Member Wazny stated that the moratorium expired in two weeks and something had to be on the books before midnight. Council Member Johnson stated that it was important to remember that Council checked personal opinions and goals at the door and made decisions based on all of the citizens of Denton. Council had to deal with the playing field that it had and think of everyone in the City and not just those at the meeting. Somewhere the idea of civil disagreement had been lost as the Council had been called many different names, etc. and felt that when those tactics were used, people didn't want to listen when discussion was done that way. Council Member Roden motioned to approve the ordinance as contained in the substitution packets and with the substituted cover ordinance. Council Member Johnson seconded the motion. Council Member Briggs motioned to amend the notification schedule from a minimum 20 days and 2 days to change to 30 to 10 days and could be done before the 30 days. Council Member Johnson seconded the motion. Council Member Hawkins asked for a clarification of the motion. Groth stated that the 30 day notification was for any stage at the site. If there was any type of maintenance activity, at least 10 days notification would have to be made. City of Denton City Council Minutes August 4, 2015 Page 17 Mayor Pro Tem Gregory stated that this would be notification to owners and renters. Groth stated that the change would involve notifying dwellings from 20 to 2 days up to 30 to 10 days. Council Member Hawkins asked if it applied to maintenance on a piece of equipment. Groth stated that there was a list of activities it would affect and maintenance would be one of them. Council Member Johnson thought the notice was for specific major activities and not for maintenance. Aaron Leal, Deputy City Attorney question if Council Member Briggs was referencing Section 35.22.7(c) subsections 1 and 2. Council Member Briggs indicated that was the proper section. Council Member Johnson withdrew his second. Council Member Roden suggested Council cite specific sections for amendments so there weren't any unintended consequences by changing the wrong section. Mayor Pro Tem Gregory stated that the motion was to amend section 35.22.7 paragraph c subsections 1 and 2. Council Member Briggs felt that homeowners needed more than 2 days' notice for fracking or refracking a well which was her intention with the amendment. Council Member Hawkins was worried about the maintenance portion of the section. Mayor Pro Tem Gregory stated that the reference was to the maintenance activities that involved removal of a well head at a drilling or production site. It was maintenance specific to the removal of a well head. Council Member Johnson stated that he withdrew his second as it was his understanding that the section dealt with any type of maintenance. If something was wrong, he did not want to have to wait for a ten day notice for the repair. He was concerned with unintended consequences. Council Member Wazny stated that she was worried about untended consequence of such an amendment. Many people had studied all aspects of the ordinance. Until there was time to study proposed amendments, she felt this was not the time to put in amendments. Council Member Roden stated that it would not be good to push the dates out too far. He seconded the motion. City Attorney Burgess stated that the industry had comments regarding the specific time frames and expressed concerns about the time frames. City of Denton City Council Minutes August 4, 2015 Page 18 Council Member Roden questioned if the dates provided would have to be precise and if the date were missed, the notices would have to be redone. City Attorney Burgess stated that missing the date would be an ordinance violation but wording could be crafted to be reasonable. Leal stated that the provisions were crafted that way so when an operator had to contract with a third party for services and a delay occurred, if the notices were pushed so far out, the notification process would have to start again which would delay the operator's ability to do what was needed. Mayor Pro Tem Gregory asked if the notice could indicate within a window of time the activities would take place and if not done within that window, then the notice would have to be redone. Council Member Roden stated that it hinged on what was said in the notification and whether a precise date had to be pinpointed or a window of time was unclear at this point. On roll call vote to change the notification, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously. Council Member Briggs motioned to add vapor recovery units as described in the Fort Worth ordinance. It was not in the current ordinance so there was no reference point. Council Member Hawkins asked for Legal advice on this proposed amendment. City Attorney Burgess stated that she did not know when Fort Worth added that provision and it might be pre -HB 40. It might have also pre -dated when the federal government added vapor recovery regulations to the law. Legal had serious concerns that was preempted per law. Motion died for lack of a second. Council Member Briggs motioned to amend all the reverse setbacks to 300 feet except for industrial as found in Section 35.5.10.2 (b)l.c. Council Member Roden stated that this topic was discussed at several meetings noting that much work was done to do that and get the Fire Marshal and Fire Chief to where they needed to be. Given that the Fire Chief had indicated at this meeting that he and his staff were comfortable with maintaining the 250 setback, he was also comfortable with it. Council Member Briggs felt that the extra footage was safer and was a good balance. Mayor Pro Tem Gregory stated that the Council's rules indicated that the chair was unable to make motions or second a motion. If he were not chair, he would have seconded the motion. City Attorney Burgess stated that staff had worked extensively with the Fire Department on these provisions. Section 35.5.10.2.f was added that would require meeting the 250 foot setback as measured in the section Council Member Briggs was referencing or the greater of a 300 foot City of Denton City Council Minutes August 4, 2015 Page 19 setback as specified from a measuring point as noted in Section f. The requirement of a 300 foot setback was overlaid on top of the 250 foot setback. Motion died for lack of a second. Council Member Hawkins motioned, Council Member Briggs seconded to suspend the Council's Rules of Procedure to allow the Mayor Pro Tem to motion or second a motion. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", and Council Member Wazny "aye ". Motion carried unanimously. Council Member Briggs motioned to increase the permit fee from $1700 to $3250 as in the 2009 Decatur ordinance. City Attorney Burgess stated that fees were not in consideration at this meeting as they were not included in the ordinance and could not be considered at this meeting. The fees needed to be consistent with the work performed and would be considered in a separate fee ordinance. Motion died for lack of a second. Council Member Briggs motioned to amend the ordinance to require electric motors instead of diesel. Council Member Roden that the ordinance was being written in context of HB 40 which states what city can and can't regulate. He questioned if this proposed amendment would fall under the regulation of surface activity which a city could regulate. City Attorney Burgess stated that the idea of electric motors had been heard for many months. It was looked at by the Planning and Zoning Commission as well as staff performing extensive research to look at the kind of capacity that was available to run generators. The Planning and Zoning Commission made a determination to not carry the issue forward and did not recommend it to Council. The electric motors created a different kind of noise which may or may not solve the issue. She felt the City was entitled to regulate noise issues. The ordinance was crafted to a set of standards that would allow the industry to meet the standards how so ever it could be done. Mayor Pro Tem Gregory asked if the amendment proposed by Council Member Briggs was intended to mitigate noise or emissions. Council Member Briggs replied both. Mayor Pro Tem Gregory felt that the City could regulate it in terms of noise nuisance but not sure if it could be done in terms of emissions. Motion died for lack of second. Council voted on the motion to approve the ordinance as contained in the substitution packets and with the substituted cover as well as the amendment in regards to notification. On roll call vote, Council Member Roden "aye ", Council Member Johnson "aye ", Council Member Hawkins "aye ", City of Denton City Council Minutes August 4, 2015 Page 20 Mayor Pro Tern Gregory "aye ", and Council Member Wazny "aye ", Council Member Briggs "nay ". Motion carried with a 5 -1 vote. Council Member Briggs left the meeting. 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing 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 Roden requested an update on a previous request for a work session on noise in the Downtown area. Council Member Roden stated that National Night Out was the first Tuesday in October and asked the Agenda Committee to consider changing the Council meeting date or have a short meeting so that Council Members could attend neighborhood events. B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 11:00 p.m. TON GREGORY MAYOR PRO TEM CITY OF DENTON, TEXAS OF DENTON,