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February 17, 2015 MinutesCITY OF DENTON CITY COUNCIL MINUTES February 17, 2015 After determining that a quorum was present, the City Council convened in a Wark Session on Tuesday, February 17, 2015 at 1:00 p.m. in the Council Wark 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. l. Citizen Comments on Consent Agenda Items There were no citizen comments for Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for February 17, 2015. Council Member Johnson asked about Consent Agenda Item N dealing with the rental of heavy equipment and questioned if a cost benefit analysis had been done. Chuck Springer, Director of Finance, stated that this was a purchase of large equipment for the Street Department and that a cost analysis had been done. That evaluation had been done during the budget discussions. Council Member Ryan asked about the standard paragraph on the agenda dealing with the Closed Session and the posting of items. City Attorney Burgess stated that the Council could go into Closed Session for a legal briefing on any item on agenda. Other items such as economic development or utility competitive items had to be specif'ically posted. Council Member Ryan asked about an item that might be posted in Closed Session that was not proper to be in Closed Session and whether it could be discussed in the open session. City Attorney Burgess stated that such an item could be discussed in open session if properly posted. Items on the Closed Session were closely monitored to be sure they were proper for closed session. Mayor Watts asked about the posting for the convention center and why it could not be done in open session. City Attorney Burgess stated that this posting was for an economic development matter and attorney briefing. Attorney briefings contained specific confidential information to present only in closed session. Economic development could be done in open if desired. 3. Work Session Reports A. ID 15-141 Receive a report, hold a discussion and give staff direction regarding Fire and Emergency Medical Services for the Robson Ranch subdivision of Denton. City of Denton City Council Minutes February 17, 2015 Page 2 Robin Paulsgrove, Fire Chief, stated that the objective for the item was to develop a strategy that addressed fire protection and the associated impact on insurance rates, along with EMS response — a service of increasing concern to the Robson Ranch Community. There had been a long standing dialog on how to provide adequate services to Robson Ranch. The interest and issue was to make improvements to one area that were cost effective to satisfy the response system as a whole. Since October staff had warked on interest based discussions and creative ways to solve the problem with the Robson Ranch community. The Robson Ranch community developed a group to help analyze the response data. Major concerns from the community were response time for first fire unit, response time for a medic unit and insurance rating. He reviewed the current service in terms of station locations and response time. Staff was looking at alternatives and options to address the equity of response times in terms of insurance ratings. Denton had an Automatic Aid agreement with the Argyle Emergency Service District (ESD) and shared an effective partnership in the southwestern region of Denton County. Argyle had a projected fire station in the area but was not anticipated to be built at any time in the near future. Staff held discussions with Argyle ESD concerning a financial participation from the City of Denton that would permit an expedited construction date that could benefit both the ESD and the City of Denton. The potential partnership with Argyle included (1) providing first response through a contract for cost participation with the Argyle ESD, (2) creating a formula in which the city's contribution diminished over time, (3) providing an exit clause to respond to changing needs and opportunities and (4) utilizing the Argyle station location in a future petition for an ISO rating revision. A proposed service timeline which demonstrated the timeline that would be involved in the steps from deed and title of the proposed station site conveyed to the opening and staffing of the station was reviewed. Staff's recommendation was to (1) enter into an agreement with the Argyle EDS in 2015, (2) propose an additional city of Denton Medic Unit at Station 7 in the 2015-2016 budget, (3) initiate a multi-year plan in the Denton Fire Department to prepare for an ISO petition of revision in 2019, (4) reinvigorate strategic relationships with County mutual and automatic aid partners, and (5) participate in the City's Cole Ranch and Hills of Denton development process. Council Member Hawkins asked if the Robson Ranch residents paid higher insurance rates as their rating was a 10. Paulsgrove stated yes as the formula was based on the rating system for the insurance rates. There was a 45% difference between a 3 and 10 rating. Not all insurance companies used the ISO rating for rates. Council Member Hawkins asked for data on what might happen in the additional response time from the core city to Robson Ranch. Council Member Gregory asked about how a response would wark with Argyle if someone at Robson Ranch called 911 and if there would be a delay to get dispatched from Argyle. City of Denton City Council Minutes February 17, 2015 Page 3 Paulsgrove stated that Denton would make contact with Denton County and Denton County would dispatch Argyle to Robson Ranch. This would be a long term goal to wark on in the mutual aid agreements to meet future needs and solve those types of issues. Council Member Gregory stated that he was in favor with moving forward and would like more information concerning the cost, when the City would start paying with the Argyle station and how that payment would be structured, and the cost impact for the additional medic unit at Station 7. Council Member Roden felt this was a creative approach and questioned if there was a spot carved out by the development for a future station. Mayor Watts stated that he had met with corporate officials 6-12 months ago and they offered a residential lot for a medic unit off Robson Ranch Road. Council Member Roden stated that he also had questions regarding the cost participation in terms of the financial implications for a City site. Paulsgrove stated that staff would be bringing back significant detail in the next meeting if Council directed them to move forward. He felt this would be a good investment in the grid system. Mayor Pro Tem Engelbrecht felt that additional EMS units were important due to the number of calls. Council Member Ryan asked more details concerning the terms of the mutual aid agreement with Argyle and the number of calls there and calls from them to Denton. Consensus of the Council was to proceed with the proposal with a detailed cost analysis in terms of both expenditures and revenues. B. ID 15-155 Receive a report, hold a discussion and give staff direction regarding a possible Tax Abatement Agreement with Peterbilt Motors Company. Aimee Bissett, Director of Economic Development, stated that Council had previously been updated on the proposal tax abatement agreement. The Economic Development Partnership Board had made a recommendation for a 70% tax abatement for 8 years. Jim Fykes, Peterbilt, reviewed the details of the tax abatement proposal. Peterbilt was currently putting out 162 trucks per day. They were proposing a$23.1 million enhancement to the facility. He reviewed the number of employees in the Peterbilt facilities and the accessory businesses associated with Peterbilt. The plant expansion would involve three phases with the time line for the expansion provided. The three phases included painted parts storage, east dock addition, and west material expansion. Council Member Roden asked if Fykes had suggestions for other areas for agreements such as Airport Road improvements. City of Denton City Council Minutes February 17, 2015 Page 4 Fykes suggested infrastructure to widen the road, finish Western Blvd, and traffic lights at 380. There was also a need for site ready parcels of land so developers were ready to go. Council Member Johnson suggested Council think about a subcommittee to wark on site ready locations for future developments and three Council Members who might like to serve on that subcommittee. He indicated that he would be interested in serving maybe along with Aimee. Consensus of the Council was to proceed with the staff recommendation for the tax abatement agreement. C. SI15-0006 Receive a report, hold a discussion and give staff direction on an amendment to reorganize the Denton Development Code. Bryan Lockley, Director of Planning and Development, stated that staff was proposing to reorganize the Denton Development Code (DDC) to create a more user friendly code, streamline development review procedures and establish tailored standards far Infill and Redevelopment Projects. As such, common review criteria would be established and the code would be reformatted to include more illustrations, summary tables and other graphics. Feedback revisited — Feedback from interviewees concerning their frustrations with the DDC were that (1) it was difficult to navigate for the development community and public, (2) applicants had to refer to several different sections of the DDC to successfully determine what information and what approvals were required, and (3) the referring to different sections led to confusion for applicants to know if all application requirements were met. Denton Development Code reorganization — suggested revisions would be to (1) begin each subchapter with a well defined purpose and include a general description of the regulations, (2) group related materials together in freestanding chapters for administration, districts, uses and development standards, (3) move all definitions to a single subchapter at the end of the DDC and review similar definitions to eliminate conflicts, and (4) create new definitions for terms that were undefined. Recommendations — recommended changes included (1) combining the review procedure in a tabular format, define the review process and approval authority, (2) move approvals to earlier chapters and combine them; (3) move zoning and more common land use items to the front of the Code from Subchapter 5 to Subchapter 3; (4) combine and move more common site design standards to earlier Subchapters 5, 6, 7 from the current locations in Subchapters 13, 14, and 21. Approval Criteria - under the proposed revisions, the new organization provided tailored approval criteria for each application type. The tailored requirements that might be included with specific use permits were also reviewed. Staff recommended having Clarion and Associates move forward with the recommendations to reorganize the DDC as presented. The process would include proposed amendments and would be presented to the development community and to the Planning and Zoning Commission for consideration and to Council for adoption. City of Denton City Council Minutes February 17, 2015 Page 5 Council Member Gregory stated that he liked the idea of designing the Code for the first time user. He asked if there would be special guidelines for developing in the ETJ to assist developers through that process. Lockley stated that only subdivision regulations for the platting of property dealt with the ETJ. A handbook would be created to deal with just the ETJ situations. Council Member Johnson felt that the parking variances should be looked at in terms of staff approving that item instead of it coming to Council. Mayor Watts stated that with ProjectDox and Trakit all correspondence with a developer would be in one location. Council Member Hawkins requested a presentation on how to use ProjectDox. D. ID 15-138 Receive a report, hold a discussion, and give staff direction regarding Smoking Ordinance No. 2012-367. Lindsay Baker, IGR/PIO stated that her presentation would include an overview on possible amendments on where smoking would be prohibited, where smoking would be permitted, amendments, public feedback and Council direction. Where smoking would be prohibited- all bars, bingo parlors, e-cigs would be prohibited in all non-smoking locations, within 30 feet of parks and recreation facilities, within 30 feet of public entrances (except in the Downtown area). Where smoking would be permitted - no additional locations were proposed. Smoking would still be allowed in private residences, personal vehicles, private clubs and fraternal organizations, open-aired outdoor patio of a restaurant or bar, and tobacco shops, tobacco bars and cigar bars. Other amendments and discussion — a question to consider was to update the definition of cigar bars, per the American Heart Association guidelines which would be based on percentage of sales for on-site consumption which had 60% alcohol and 30% cigars. There were also scientif'ic studies on patio smoking impacts to consider. Public Feedback — A survey on Engage Denton posed the following questions: (1) ban smoking within a designated distance — feedback was yes, (2) ban e-cigs — feedback was no, (3) ban smoking in all bars — feedback was no. There was also a town hall meeting on February 16th for a public forum. Comments were received from various owners of establishments in the city which included (1) consider revising the open-aired patio definition, (2) concern related to banning smoking in bars, (3) concern regarding the inclusion of e-cigs, (4) extend the ban to Uber or other transportation services, (5) concern about bingo facilities already in the process of complying with current regulations, and (6) if Downtown was exempt, include Fry Street. Council Direction — the proposed ordinance could be scheduled for consideration on the March 3rd agenda either as an individual item or on the Consent Agenda or take no action. City of Denton City Council Minutes February 17, 2015 Page 6 Council Member Hawkins asked why this was coming back to Council to consider again. Baker stated that Council suggested in 2012 to review the ordinance in the future to make sure that it was meeting the needs of the community Council Member Hawkins felt that the proposed ordinance was very close to overregulation. In a free market system, a business owner should be able to allow smoking and a consumer should be able to go there to smoke. Minors should not be able to buy e-cigs but he did not want any changes in the current ordinance. He did not want to take a right away from people to go where they would like to go Council Member Roden stated that more indoor wark environments did not allow smoking in businesses. He had some questions regarding definitions. A tobacco bar had two criteria; one was to have an alcohol license and one was a tax registration. A hooka bar did not necessarily need an alcohol license. He asked about percentages for bars, tobacco bar, etc. Baker stated that the difficulty was the auditing of those percentages and how to monitor those figures. She felt a broader definition was needed rather than percentages. Council Member Roden suggested developing a type of permit to meet the definition of a tobacco bar, etc. He was concerned about setting a percentage that might drive cigar bars, etc. to market their smoking materials more. Council Member Johnson felt that it was not right to change the regulations if a bingo location was spending money to renovate their facility for smoking/non-smoking and that the regulations should not apply to bingo locations. He suggested a hybrid model and understood both sides. If a bar had to declare smoking or non- smoking, it would be the same all the time and if the facility was smoking, no one under 21 would be allowed. Mayor Watts stated that he did not have an issue with a bingo location exception as it was separating the space between smoking and non-smoking. He understood about choice and markets but it was the policy interest he was trying to protect in this case. He was ok with the proposed ordinance but not exceptions for patio areas. Council Member Roden stated that in terms of a patio area, if the concept was the health impact with enclosed areas and if the area was outside, he questioned what was mitigated. He felt that banning smoking from patios just to solve a few locations was very broad. He was not in favor of eliminating smoking from patios. Mayor Watts asked about sidewalks along patio areas. Council Member Gregory stated that these revisions were being considered because of safety for warkers to wark in a safe environment. He was not opposed to smoking on patios and cautioned to not go too far just to eliminate a personal annoyance. He questioned if park facilities were totally non-smoking. Baker stated that there were separate provisions prohibiting smoking x number of feet from a playground area and active league activities. City of Denton City Council Minutes February 17, 2015 Page 7 Council Member Gregory stated that he was not opposed to the bingo exception but would be in favor to craft the ordinance to not allow future bingo locations to have smoking. Council Member Ryan stated that he was in favor of no one under 18 purchasing Ecigs. Currently most bars were non-smoking but there was a need to have a location for smokers to go to. There was a natural attrition to eliminate smoking bars. He would agree to set whether an establishment was smoking or non-smoking. The only changes he would favor in the ordinance would be to the provision for Ecigs and set a location as smoking or not smoking. Council Member Johnson stated that he too was in favor of not allowing anyone under 18 to purchase Ecigs. He saw converging issues and unintended consequences in protecting the warkers as many of them already smoked and now would go outside to smoke. However, the unintended consequence would be worse than having smoking in bars. He was in favor of no smoking on patios and no smoking within 30 feet of a non-smoking establishment. If someone wanted to smoke and drink they could go to one of those establishments that allowed it. Mayor Watts felt this was a broader approach. He felt that people chose where they wanted to go and did not base it on work place safety. It would be difficult for him to reverse the ordinance to allow smoking in bars but not on patios and public entrances. Council Member Hawkins felt that if a restaurant wanted to allow smoking, it should have that right. He felt that was taking away rights of people. Council Member Ryan stated that this was about freedom of choice both for employees of those establishments and people going to those establishments. Council continued their discussion of the proposed provisions to the ordinance and their preferences in terms of bingo establishments, the protection of warkers, an establishment being able to switch between a smoking/non-smoking establishment, and consideration of musicians and people coming in for events at smoking locations. They also discussed the distance requirements from certain locations such as the libraries, Senior Center and the Downtown area. Consensus of the Council was to post this item as a public hearing. Staff would draft the proposed revisions based on Council discussion for Ecigs not being sold to minors, distance requirements in parks and other buildings, and to ban Ecigs similar to cigarettes. E. SI15-0004 Receive a report, hold a discussion and give staff direction regarding an ordinance to adopt the 2012 International Building Code (IBC), the 2012 International Residential Code (IRC), the 2012 International Plumbing Code (IPC), the 2012 International Mechanical Code (IMC), and the 2012 International Fuel Gas Code (IFGC) as amended by the City. Rodney Patterson, Interim Building Official, stated that the International Codes were published every three years. The current 2009 building codes, as amended, were adopted on September 1 l, 2012. The City was behind in approving the updated codes due to the Council of Government's review which was a 12-15 month process for them to recommend amendments. He reviewed the Code adoption time line. City of Denton City Council Minutes February 17, 2015 Page 8 The proposed amendments had been posted on website. COG amendments to the International Building Code included provisions far (1) assisted living facilities, (2) children's play structures, (3) incidental uses, (4) multiple use fire assemblies, and (5) automatic sprinklers. Fire Protection Systems refer to the 2012 International Fire Code as amended by the City of Denton, Chapter 9 and was taken out of the Building Code and put in the Fire Code except for Section 909 and 910. He noted that the Building Code would include requirements far floor exits and window sills. Mayor Watts stated that he would like to know the cost of the window amendments. He was not in favor of the amendment if the frame was not changing. If the same size window was being replaced, he questioned why there needed to be new regulations. People would not change out their windows in that case. Patterson stated staff would research those costs. He stated that another amendment would require all dwelling units provide mechanical ventilation due to the required air tightness in the International Energy Code and Residential Code. Mayor Watts stated that did not make sense. The regulation was to have tight homes and now homeowner's would have to incur additional costs to ventilate the air they were trying to keep out. Council Member Johnson stated that everything done to a house to meet these requirements had an impact on the price of the house. He felt if it was a health and safety issue, then proceed. He suggested getting feedback from builders on the impact to their business. Mayor Watts felt that as more requirements were added there was no mitigating on the other end. Following the completion of the Wark Session, the City Council convened in a Closed Meeting at 4:02 p.m. to consider specific items listed below under the Closed Meeting section of this agenda. l. Closed Meeting: A. ID 15-093 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071 Discuss, deliberate, and receive further information regarding the purchase of certain real property interest located in the R. H. Hopkins Survey, Abstract No. 1694, City of Denton, Denton County, Texas, and generally located along the 1800 block of Colorado Boulevard and the 1500 block of Angelina Bend Drive. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Township II Park Property Acquisition Project [Greenbelt Tracts] &[File ID 15-094 Richland Plantation Partners Inc.]) City of Denton City Council Minutes February 17, 2015 Page 9 B. ID 15-154 Deliberations regarding consultation with the City Attorney - 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 issues on matters in which 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. Also hold a discussion regarding granting economic development incentives to Peterbilt Motors Company with respect to expansion of a manufacturing facility. This discussion shall include commercial and financial information the City Council has received from Peterbilt Motors Company which the City Council 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. [File ID 15-115] C. ID 15-010 Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087 Consult with and provide direction to City's attorneys regarding legal issues associated with the use of hoteUmotel occupancy tax funds for Convention Center projects, 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. Also hold a discussion regarding granting economic development incentives for Convention Center projects which the City Council 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. D. ID 15-068 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information relating to issues regarding support, implementation and operation of its Energy Risk Management Policy that deals with bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas (ERCOT) bids, prices, offers and related services and strategies. Consultation with the City's attorneys regarding legal issues associated with the Energy Risk Management Policy 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. Discuss, deliberate, and provide staff with direction. E. ID 15-143 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 of Denton City Council Minutes February 17, 2015 Page 10 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 ar 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 Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D-1-GN-14-004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-09833- 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. 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. ID 15-111 World Rotary Day Mayor Watts presented the proclamation for World Rotary Day. B. ID 15-118 Beulah Harriss Day Mayor Watts presented the proclamation for Beulah Harriss Day. 3. CITIZEN REPORTS A. ID 15-127 Gerald DeMarsh regarding no trespassing at the Senior Center. Mr. DeMarsh stated that he hit an individual at the Senior Center because the individual was agitating a war veteran at the Center. He asked Council to lift the no trespassing ban against him at the Center. City of Denton City Council Minutes February 17, 2015 Page 11 4. CONSENT AGENDA Council Member Ryan motioned, Council Member Hawkins seconded to adopt the Consent Agenda and accompanying ordinances and resolutions. 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. 2015-031 A. ID 15-083 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $142,000 of in-kind services and resources for the Denton Arts and Jazz Festival to be held in Quakertown Park on April 24 - 26, 2015; and providing an effective date. Ordinance No. 2015-032 B. ID 15-094 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached thereto and made a part thereof as Exhibit "A", by and between Richland Plantation Partners, Inc., a Delaware corporation as Owner (herein so called), and the City of Denton, Texas, a Home Ruled Municipal Corporation, as Buyer, regarding the sale and purchase of fee simple to two tracts identified as a l.l acre tract, more or less, known as "Greenbelt" in Block B, subdivision plat of Township II, Phase 2, recorded in Volume 11, Page 14, Plat Records Denton County, Texas, located generally along the south side of the formerly contemplated extension of San Gabriel Drive, in the City of Denton, Denton County, Texas and a.17 acre tract, more or less, situated in the R. H. Hopkins Survey, Abstract No. 1694, located in the City of Denton, Denton County, Texas, generally located adjacent to 1900 Spencer Rd., City of Denton, Denton County, Texas as more particularly described in the Contract of Sale, (the "Property Interests"), for the purchase price of Twenty One Thousand Eight Hundred Fifty One Dollars and No Cents ($21,851.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Township II Park Property Acquisition project: Greenbelt South- Tract 3[Richland Plantation Partners, Inc.]) Ordinance No. 2015-033 C. ID 15-100 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $11,500 of in-kind services and resources for the Denton Cinco de Mayo Festival to be held in Quakertown Park on May 2, 2015; and providing an effective date. Ordinance No. 2015-034 D. ID 15-101 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $18,000 of in-kind services and resources for the Denton Juneteenth Celebration to be held in Fred Moore Park on June 19-20, 2015; and providing an effective date. City of Denton City Council Minutes February 17, 2015 Page 12 Ordinance No. 2015-035 E. ID 15-102 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $15,500 of in-kind services and resources for the Denton Air Show to be held at the Denton Enterprise Airport on June 20, 2015; and providing an effective date. Approved the noise exception request below. F. ID 15-117 Consider a request for an exception to the Noise Ordinance for the purpose of the 35 Denton Music FestivaL Live music will be played in the Williams Trade Square, located on the 200 block of E. Hickory St., Dan's Silverleaf patio, located at 103 Industrial St., and Harvest House patio, located at 331 E. Hickory St., on Saturday, March 14, and Sunday, March 15, from 12:00 noon to 12:00 midnight. An exception is specifically requested to increase sound levels from 70 to 75 decibels and for an extension for hours from 10 p.m. to midnight. Staff recommends approval. Ordinance No. 2015-036 G. ID 15-119 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. 2015-037 H. ID 15-121 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. 2015-038 L ID 15-125 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $17,500 of in-kind services for the Denton Blues Festival to be held at the Quakertown Park on September 19-20, 2015; and providing an effective date. Ordinance No. 2015-039 J. ID 15-126 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $4,900 of in-kind services and resources far Komen North Texas Denton Race for the Cure to be held at C.H. Collins Athletic Complex on Long Road on Saturday, September 26, 2015; and providing an effective date. Ordinance No. 2015-040 K. ID 15-130 Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement for engineering services associated with the City of Denton 2015 and 2016 Fiscal Year Wastewater Collection System Rehabilitation projects; providing for the expenditure of funds therefor; and providing an effective date (File 5756-awarded to Teague Nall and Perkins, Inc. in City of Denton City Council Minutes February 17, 2015 Page 13 an amount not-to-exceed $286,730). The Public Utilities Board recommends approval (5-0). Ordinance No. 2015-041 L. ID 15-131 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a Professional Services Agreement for Design and Engineering Services relating to the Mingo Road Widening and Improvements at Cooper Creek project; providing for the expenditure of funds therefor; and providing an effective date (File 5758-awarded to Graham Associates, Inc. in an amount not-to-exceed $315,386.00). Ordinance No. 2015-042 M. ID 15-132 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for landscape maintenance for select City of Denton roadway rights-of-way; and providing an effective date (RFP 5713-awarded to VMC Landscape Services in the three (3) year not-to-exceed amount of $375,000). Ordinance No. 2015-043 N. ID 15-133 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the Rental of Heavy Equipment for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5639-Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item, in the annual estimated amount of $1,250,000 for a three (3) year not-to-exceed amount of $3,750,000). Ordinance No. 2015-044 O. ID 15-137 Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 9, 2015, and if a runoff election is required, on June 13, 2015, for the purpose of electing Council Members to Districts l, 2, 3, and 4 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Election Administrator of Denton County; providing a severability clause; providing an open meetings clause; and providing an effective date. Approved the minutes listed below. P. ID 15-150 Consider approval of the minutes of January 5, 2015, January 6, 2015, and January 13, 2015. Ordinance No. 2015-045 Q. ID 15-157 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute "Project Utility Adjustment Agreements (Owner Managed)" far TXDOT-CDA-U-35-OM-IH 35E; and "Utility Adjustment Agreement Amendments (Owner Managed)" form TXDOT CDA-U-35A-OM-IH 35E; facilitating and authorizing electric utility relocations for the Interstate Highway 35 project, in substantial conformity with the attached two numbered Texas Department of Transportation agreements; with the developer, AGL City of Denton City Council Minutes February 17, 2015 Page 14 Constructors, which is a consortium composed of Archer Western Contractors, LLC, Granite Construction Co. and The Lane Construction Company; and The Texas Department of Transportation; authorizing the expenditure of funds therefor; and providing an effective date. 5. PUBLIC HEARINGS Ordinance No. 2015-046 A. ADP 14-0009 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an Alternative Environmentally Sensitive Area Plan to allow for residential development within an existing Environmentally Sensitive Area (ESA). The appro�mately 12.68-acre ESA is located within a proposed 98-acre single-family residential development (Beaver Creek), on the northwest corner of North Loop 288 and Stuart Road within a Neighborhood Residential 4(NR-4) zoning district; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, a severability clause, and an effective date. (ADP 14-0009). The Planning and Zoning Commission recommends approval (7-0). Bryan Lockley, Director of Planning and Development, stated that this ordinance would approve an alternative Environmentally Sensitive Area (ESA) to allow for residential development within an existing (ESA). He presented information on the location map, zoning map, future land use map, and notif'ication map. Debra Viera, Environmental Compliance Officer, stated that the undeveloped property contained riparian buffers and water-related habitats throughout the area. In order to achieve the high quality development required by the Denton Development Code, the applicant proposed mitigation measures to incorporate the existing water habitat features into the design of the residential development. These included expanding protected ESA along the stream bank, cleaning up trash and debris accumulated in low lying areas, re-vegetating ESA and adjacent areas with native plants, providing an earthen nature walking trail with interpretative signage along the stream channel, and utilizing bio-engineering controls for channel stabilization. The preserved ESA and associated amenities would be maintained by the homeowner's association. Lockley stated that the Planning and Zoning Commission as well as staff recommended approval subject to conditions. Those conditions included (1) prior to platting approval, deed restrict the expanded ESA (approximately 4.99 acres) along the stream bank with the deed restrictions including a perpetual maintenance provision for any open space by the homeowner's association, (2) remove all trash and debris accumulated in low lying areas of the site as needed, (3) prior to the issuance of building permits for any structure, re-vegetate the ESA and adjacent areas with native plants, (4) prior to the issuance of building permits for any structure, provide an earthen nature walking trail with interpretative signage along the stream channel, and (5) prior to the issuance of building permits for any structure, utilize bio-engineering controls for channel stabilization, which could include live stakings/plantings, coir logs and fiber rolls, revetments, fascines, riprap with vegetation, or gabions with vegetation City of Denton City Council Minutes February 17, 2015 Page 15 Council Member Roden stated that there were other scenarios whereby a Homeowner's Association (HOA) was required to maintain something and then the HOA went defunct and did not maintain the area. He questioned if there was a way to fix that situation if it happened in this case. City Attorney Burgess stated that conditions could be attached to the zoning of the property so that violations would be of the zoning ordinance and could be cited for health and safety provisions. Council Member Roden questioned if the HOA ceased to exist, who would maintain the property and if there was a way to fix that to tie it to a collection of homeowner's even if HOA went away. City Attorney Burgess stated that the zoning ordinance attached to the use of the land so conditions were attached to the use of the land and not necessarily attached to the HOA. Mayor Watts restated that Council Member Roden's concern was that if the HOA, for some reason, went away, who would be accountable and apply the conditions of the ordinance. He questioned if those provisions could be built in the front end to be responsible if the HOA went away. City Attorney Burgess stated that staff had not considered that when crafting the ordinance. Lockley stated that one of the provisions included that the deed restrictions would tie to the lots directly affected by the ESA in the event the HOA was disbanded. The provisions would then belong to those properties that abutted the ESA itself. Council Member Hawkins asked about Condition #5. Viera stated that condition was trying to add engineering controls to slow down the velocity of the channel and avoid erosion. A more in-depth drainage analysis would be done at the platting stage and the engineers would provide the bioengineering controls. The Mayor opened the public hearing. Chris Belvins, representing the applicant, spoke in favor. Mayor Pro Tem Engelbrecht stated that this would be an amenity for entire subdivision and questioned whose idea it was to tie the deed restriction to the properties backing into the buffer. Belvins stated it was a discussion with the Development Review Committee staff. Mayor Pro Tem Engelbrecht questioned if it would be better to deed restrict the entire subdivision rather than just a few lots. Belvins stated that it was his understanding that the area would be owned at some point by the HOA and should the HOA cease to exist, the property would have to go to someone but he did not know who. City of Denton City Council Minutes February 17, 2015 Page 16 Mayor Pro Tem Engelbrecht questioned if the plan was to transfer the deed to the HOA. Belvins stated that would be done during platting. Council Member Gregory questioned who would own the property when platting was first started. Belvins stated that the developer would own the property when it was first platted. Council Member Gregory stated that he was concerned about the ownership of the property as he did not want the City in the future to have to buy the property in order to take care of it. Ken Davis, project engineer, stated that if the HOA ceased to exist, the owner would be agreeable for a safety net if that happened. They wanted to keep that property maintained so they would be open to ideas to such as deed restrictions to the entire development, etc. The Mayor closed the public hearing. Council Member Johnson stated that this development was warking on making this a quality development with walking trails. Council Member Johnson motioned, Council Member Hawkins seconded to approve with the conditions as noted. Council Member Gregory stated that he had been going to motion to postpone the item in order to get answers for what to do with property if the HOA went away. City Attorney Burgess stated that depending on what was in the deed, there might be an opportunity if the HOA went away to pursue individual homeowner's and have them comply with the provisions of the ordinance. Council Member Gregory asked about getting an answer to the situation so that Council could vote on the proposal. Mayor Pro Tem Engelbrecht stated that he needed more information before he could vote on the proposal. Council Member Johnson suggested adding wording that questions related to ESA must be satisfied as part of the final plat. Council discussed wording for an amendment in the event that the HOA would cease to exist and how the area would be maintained in that situation. Council Member Gregory suggested a friendly amendment that a note be added to the plats for the property indicating ownership and maintenance of the ESA in the event that the homeowner's association was dissolved or otherwise unable to maintain it. Council Members Johnson and Hawkins did not object to that friendly amendment. City of Denton City Council Minutes February 17, 2015 Page 17 Council Member Roden suggested a friendly amendment that the earthen path be designed as a pervious surface, not simply earth and not concrete. Council Members Johnson and Hawkins did not object to that friendly amendment. On roll call vote to adopt the ordinance with the noted conditions, Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye" and Mayor Pro Tem Engelbrecht "nay". Motion carried with a 6-1 vote. Ordinance No. 2015-047 B. ID 15-135 Hold a public hearing and consider adoption of an ordinance granting approval of the abandonment for park purposes of a 1.6598 acre portion of North Lakes Park in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. (Exhibit 1) (Parks, Recreation and Beautification Board recommend approval with a vote of 5-0) Jim Mays, Parks Superintendent, stated that approval of the ordinance would allow for the abandonment of 1.65 acre of North Lakes Park The State required a public hearing if park property was used for non-park purposes. The tract had no functionality for programming for active or passive recreation. The potential sale of this property was included in November 2014 special election and was approved by the voters. The Parks staff and Parks, Recreation and Beautification Board recommended soliciting bids for the sale of this portion of the park. Council Member Hawkins requested an overview of why this was being done. Mays stated that staff had received a request far marketability of that portion of the property. In order to have the property sold, the City had to take bids from everyone interested in the property. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing 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. C. DCA14-0009c Continue a public hearing and consider adoption of an ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013-248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new City of Denton City Council Minutes February 17, 2015 Page 18 Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009c). The Planning and Zoning Commission recommends denial (4-3). A supermajority vote by City Council is required to adopt a motion to approve this ordinance. Mayor Watts stated that this item was a continuation of the public hearing. The Council would like to have a discussion before hearing comments from the public. Council Member Roden stated that the proposed ordinance was now at Council as the Planning and Zoning Commission had voted on it. He questioned the ramification of that vote. City Attorney Burgess stated that the Planning and Zoning Commission had recommended denial of the ordinance to the Council and could now move forward for Council consideration. At previous meetings, the Council had not closed the public hearing but left it open to allow the Commission to make their recommendation. Council could choose to continue to leave the public hearing open or could close the public hearing at this meeting. As a result of the Commission action in recommending denial, the amendment to the ordinance required a supermajority vote by Council of six of seven members. Council Member Roden asked if there were any other recommendations coming to consider. City Attorney Burgess stated that the Commission took a vote and recommended deniaL In so doing so, any ideas that some of the members might have had did not carry forward. Council Member Johnson stated that this was a complicated issue; much of which would be settled in court. The amendment focused on what the City could control, assuming drilling could occur and how co-exist with it. He heard the citizen's concerns about the nuisance issues such as no bright lights, no compressors, and no big trucks in the neighborhood. In his perspective, he wanted to make sure the ordinance accomplished the protection of citizens from nuisance issues while not punishing the people who owned the surface rights. He was not comfortable with the reverse setbacks as shown today and felt the damage to surface owner's property was too great. The measurements should be from well head and if there were multiple well heads, from the nearest well head on the property. Mayor Watts stated that he would like any measurement to be from the well head and if it was a multiple well head measure from the closest protected use. He was not in favor of a 300 foot reverse setback or 500 foot reverse setback if a co-location. Council Member Johnson questioned if that was from the pad site and not from the well head. Council Member Hawkins stated that he had a problem with the gas well notification disclosure. He did not think what had been proposed was strong enough. He wanted to make sure they were moving forward and to go overboard notifying people who were close to a gas welL The next homeowner would be clear about that. City of Denton City Council Minutes February 17, 2015 Page 19 Council Member Roden questioned the procedure an operator would go through whether a co- located or regular site and if part of it determined the perimeter of the pad site. Terry Morgan, Special Counsel for the City, stated that the process for consolidating the sites did require a definition of the site plan and measured distance. The outer boundaries would be fixed with the site plan process. Existing sites in the consolidation were not new wells on the sites. Council Member Gregory asked about the sign on a gas well pad site. He felt some verbiage was missing as there was no requirement for the sign to say there was gas well drilling on the site. In terms of the setback issue he was in favor of the wording for sound walls as the setbacks served as a buffer if ineasured from the well head. Council Member Ryan felt that the use of generators was a nuisance issue and electric motors should be used if possible on the pad sites. He was in favor of the distance recommendation for existing pad sites from the well head where more wells could not be located at the co-location distance from the pad site. He felt in the future more commercial/business should be allowed closer to the well heads in order to develop property that could not be done in a residential area. Mayor Pro Tem Engelbrecht felt that the zoning issue dealt with activity and that for him was the standard. Consolidated well sites came with truck traffic problems. There would be a need to measure to make sure the noise and movement of the trucks did not spill over into the neighborhoods. Perhaps limit truck traffic to time of day and days of the week. Council Member Roden stated that the question of surface rights was important. In the long term consideration of development, it should be encouraged to get gas wells done and then leave thus having no problem with the rigs. There seemed to be a sense of urgency with surface versus mineral rights which might not be urgent. He did not want to get stuck in an urgency to have all of the property developed. Mayor Watts stated that it was his understanding that the current ordinance had setbacks at 1200 feet if the well came to a protected use and if reversed was a 250 foot setback with a regular site or co-located site. The proposal was a reverse setback to a regular site to increase the setback by 50 feet measured from the pad site. The current measurement was from the pad site. He struggled with finding the best way to balance competing interests but sometimes the mineral state was also held by the surface owner on larger tracts. Mayor Watts reviewed the questions and answers which were provided to Council in January 2015. Council discussed those responses as they related to the Council's concerns with the proposed ordinance some of which included the prohibition of all pits, compressor stations, the difference between lift compressors and compressor stations, and vapor recovery systems. Council Member Gregory asked if the current ordinance provided staff with authority to deny a new drilling permit to an operator if that operator was delinquent on fees due the city. Morgan stated that was not spelled out in the ordinance. Council Member Gregory stated that he would like to see draft language to that effect and where to locate it in the ordinance. City of Denton City Council Minutes February 17, 2015 Page 20 Council Member Roden stated that the agenda backup referenced certain amounts of aesthetics and other land use issues concerning compressor stations and questioned if they were addressed in proposed ordinance. Aaron Leal, Deputy City Attorney, stated that certain zoning issues could continue to enforce issues concerning compressor stations. Some of the zoning issues such as aesthetics and safety issues could be enforced on a case by case basis. They could not be prohibited outright. Council Member Roden asked if they could be allowed only in certain land use categories such as industrial categories. Leal stated it might be possible in certain circumstances. Council Member Roden requested something be put in place regarding compressor stations for Council to discuss and asked staff to explore zoning those in industrial areas. He asked about vapor recovery units and whether they were primarily used for emissions for the tanks and the energy source to capture them. Darren Groth, Gas Well Administrator, stated that there needed to be a mechanical force to move the vapors. A compressar moved the vapors along the system. Council Member Roden asked if the EPA rules and Texas rules were same on when to trigger a vapor recovery unit. Groth stated that they varied. The EPA rules were looking to reduce emission completion. The EPA was looking at the activity; the Texas rules were looking at quantity. Brad Shelton, 3000 Carmel, Denton, 76205, spoke in opposition. Council Member Roden questioned Mr. Shelton regarding surface owner who also had mineral rights. Shelton stated that he had one vertical well that at some point would go away. Council discussed with Shelton the effect of setbacks on a particular site based on the varying setbacks, not limiting individual's right to make money off the property they owned Mayor Watts state that Jim McClurg, 2018 Longmeadow, Denton, 76209 had submitted a Comment Card in support of a stronger ordinance. Ed Soph, 1620 Victoria Drive, Denton, 76209 spoke in support of a stronger ordinance. He presented comments on future vapor releases and emissions discharged in terms of vapor emission units, hydrators for gases, the Zoning Board of Adjustment granting variances without going through the Council. Carol Soph, 1620 Victoria Drive, Denton, 76209 submitted a comment card in support for ordinance. City of Denton City Council Minutes February 17, 2015 Page 21 Linda Cole, 6376 Jim Christal, Denton, spoke against the ordinance at this time. Council Member Ryan motioned, Council Member Hawkins seconded to continue the public hearing to the March 3, 2015 Council meeting. 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. 2015-048 D. ID 15-115 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Peterbilt Motors Company Reinvestment Zone No. XII for commerciaUindustrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. Aimee Bissett, Director of Economic Development, stated that this item and the next were for the consideration of a property tax abatement with Peterbilt. The reinvestment zone needed to be established for a commerciaUindustrial tax abatement. The next item on the agenda was the actual tax abatement agreement. She reviewed the background information on Peterbilt and its commitment to Denton. The proposed expansion was a$23 million project and would be done in three phases. The first would be a painted parts storage expansion; the second was an east dock addition and the third for vertical parts storage. The elements of the City's incentive policy were reviewed. The Economic Development Partnership Board recommended a 70% abatement for 8 years for property tax abatement. The estimated abatement over 8 years was approximately $820,000. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Hawkins 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. 6. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2015-049 A. ID 15-116 Consider adoption of an ordinance authorizing the Mayor to execute a Tax Abatement Agreement with Peterbilt Motors Company setting forth all the required terms of the Tax Abatement Agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions precedent City of Denton City Council Minutes February 17, 2015 Page 22 to Peterbilt Motors Company, receiving the Tax Abatement; providing for a severability clause; and providing an effective date. This item was discussed along with Item S.D. Mayor Pro Tem Engelbrecht motioned, Council Member Roden 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. B. ID 15-153 Consider nominations/appointments to the City's Boards and Commissions: Health & Building Standards Commission; Human Services Advisory Committee; Parks, Recreation & Beautification Board; and Traffic Safety Commission. Council Member Ryan nominated Tara Mills to the Parks, Recreation & Beautification Board. He nominated Jessica Lambert to the Traffic Safety Commission. Council Member Roden motioned, Council Member Hawkins seconded to approve the nominations. 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. 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 Ryan requested a wark session on boards and commissions focusing on special requirements far members and how get that back in balance. City of Denton City Council Minutes February 17, 2015 Page 23 Council Member Gregory requested a wark session on the retail mix in the Downtown area and how to encourage a mix of retail in certain districts and limit the number of bars in the area so it would not become all one thing. Council Member Johnson asked for an Informal Staff Report on the charges for ambulance trips and what other cities charged. Council Member Johnson requested information on the tree ordinance discussion in terms of how to empower citizens by giving them trees and letting them plant the trees. Mayor Pro Tem Engelbrecht stated that as part of the tree ordinance discussion he would like ideas on what other cities were doing such as adopt a tree. Mayor Pro Tem Engelbrecht requested that as part of the ambulance report, he would like information on what Medicare would pay for the service. Mayor Pro Tem Engelbrecht stated that he would like to have a wark session as quickly as possible on the Downtown retail in order to keep a mix of stores in the area. Mayor Watts requested a letter of support for the Historic Landmark Commission for a Chisholm Trail state marker. Mayor Watts requested a pre-budget wark session to discuss the Council's ideas about budget and thoughts on the budget which would help define the parameters for the budget. Mayor Watts requested a wark session regarding a policy for homeowner associations and green space. Mayor Watts stated that he had received a letter from United Way requesting minor funds to help with the Meadows Foundation's look at mental health. He suggested the City double the requested amount to $4,400. Mayor Watts requested a wark session regarding the City's health insurance and in particular, the employee health clinic in terms of what would be spent if regular health costs were being used and also what non self-insurance what it would cost. B. Possible Continuation of Closed Meeting of Closed Meeting topics, above posted There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 10:06 p.m. CHRIS WATTS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS