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June 30, 2015 MinutesCITY OF DENTON CITY COUNCIL MINUTES JUNE 30, 2015 After determining that a quorum was present, the City Council convened in a Special Called Closed Meeting on Tuesday, June 30, 2015 at 3:00 p.m. in the Main Conference Room at City Hall West. PRESENT: Council Member Briggs, Mayor Pro Tern Gregory, Council Member Johnson, Council Member Wazny and Mayor Watts. ABSENT: Council Member Roden, Council Member Hawkins A. ID 15 -497 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 in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being generally located in the 900 block of W. Collins Street (Block 4, Hillside Addition, City and County of Denton, Texas). 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. [Eagle Substation] B. ID 15 -485 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. This item was discussed in the second Closed Meeting. C. ID 15 -524 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 City of Denton City Council Minutes June 30, 2015 Page 2 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. D. ID 15 -525 Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to a potential economic development project generally located in the 2000 to 3000 blocks of South Interstate 35 East. This discussion shall include commercial and financial information the City Council has received from a prospect 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 incentive 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. E. ID 15 -528 Consultation with Attorneys - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087, and Deliberations regarding Real Property - Under Texas Government Code Section 551.072. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to a potential residential economic development project and the acquisition of real property interests generally located in the 900 to 1000 blocks of Ryan Road. This discussion shall include commercial and financial information the City Council has received from a Bob Shelton Enterprises 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 incentive 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. City of Denton City Council Minutes June 30, 2015 Page 3 F. ID 15 -531 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies concerning surface development issues involving surface and mineral estates in connection with Consent Agenda Item No. 1.C., where a public discussion of these legal matters would conflict with the duty of the City's attorneys under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. G. ID 15 -532 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests in the in the Alexander Hill Survey, Abstract No. 623, located in the City of Denton, Denton County, Texas, and located generally in the 200 block of Collins St. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. (DME- Locust SS) [File ID 15 -533] Following the completion of the Special Called Closed Meeting, the City Council convened in a Special Called Meeting of the City of Denton City Council to consider the following items: 1. Consent Agenda Mayor Pro Tem Gregory motioned, Council Member Johnson seconded to approve the Consent Agenda and accompanying ordinances with the exception of Item C which would be considered separately. On roll call vote, Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye" Council Member Johnson "aye ", Council Member Wazny "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -193 A. ID 15 -520 Consider adoption of an ordinance of the City Council of Denton, Texas, authorizing the City Manager to execute the "Utility Adjustment Agreement Amendment No. 001 to Agreement No. 35E -U- 0503" to the original "Project Utility Adjustment Agreement" in the amount of $2,916,668.95, of which $447,853.65 is payable by the City of Denton for City requested betterments; facilitating and authorizing the Lake Lewisville water line relocations for the Interstate Highway 35 Project, in substantial conformity with the previously executed Texas Department of Transportation agreements with the Developer, AGL 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. The PUB recommends approval (5 -0). City of Denton City Council Minutes June 30, 2015 Page 4 Ordinance No. 2015 -194 B. ID 15 -521 Consider adoption of an ordinance of the City Council of Denton, Texas, authorizing the City Manager to execute the "Early Release for Construction - Utility Adjustment Agreement Amendment 35E -U- 003 -002 to Agreement No. 35E -U- 0503" to the original "Project Utility Adjustment Agreement" in the amount of $1,020,815.00; facilitating and authorizing the adjustment of City of Denton water and wastewater facilities for the Interstate Highway 35 project, in substantial conformity with the previously executed Texas Department of Transportation agreements with the Developer, AGL 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. The PUB recommends approval (4 -0). Ordinance No. 2015 -196 D. ID 15 -533 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ( "City "), as Buyer, and Tomasa Garcia and Spouse ( "Owner "), as Seller, to acquire fee title to a 2.484 acre tract situated in the Alexander Hill Survey, Abstract No. 623, located in the City of Denton, Denton County, Texas, and more particularly described in Exhibit "1 ", and located generally in the 200 block of Collins St., ( "Property Interests "), for the purchase price of Six Hundred Seventy Six Thousand Two Hundred and Seventy Six Dollars and no cents ($676,276.00), and other consideration, as prescribed in the contract of sale ( "Agreement "); authorizing the expenditure of funds; and providing an effective date. [File ID 15 -532] Item C was considered. Ordinance No. 2015 -195 C. ID SI15 -0017 Consider adoption of an ordinance of the City of Denton approving a Surface Waiver and Lease Ratification Agreement amongst the Pitner Family Limited Partnership, Kelsoe & Riley, LLC, EagleRidge Energy, LLC, Corbin Exploration Limited Partnership, ARP Barnett, LLC and the City of Denton, Texas to allow for the development of the Ryan Meadows Addition residential subdivision; authorizing the City Manager or his designee to execute the Surface Waiver and Lease Ratification Agreement; and providing an effective date. Darren Groth, Gas Well Administrator, stated that the purpose of the agreement was to avoid a surface plat and residential development. He reviewed the history of the property, showed the location of the property and the gas well plat, reviewed the zoning map, and the preliminary plat. The agreement would reduce the number of gas well sites at three locations. There was a change to the language in the agreement to renumber the sections Mayor Watts requested that the new section 2.0 language be read with the new sentence added and other language. Groth read the revised language for consideration. City of Denton City Council Minutes June 30, 2015 Page 5 Mayor Pro Tem Gregory motioned, Council Member Johnson seconded to adopt the ordinance with the amendments. On roll call vote, Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Council Member Wazny "aye ", and Mayor Watts it Motion carried unanimously. 2. 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 did not have any items. Following the completion of the Special Called Meeting, the City Council convened in a Special Called Work Session. 1. Work Session Reports Item B. was considered. B. ID 15 -517 Receive a report, hold a concerning potential application for Regional projects within the City of Denton. discussion, and provide staff with direction Toll Revenue (RTR) funds for transportation John Davis, Director of Engineering Services, stated that the proposed application would allow for a regional toll revenue funding method from regional transportation funding. He reviewed projects which had received RTR funding in the past. It was expected that there would be significant competition from other cities for the remaining funds. He outlined five projects for Council direction and noted that the deadline for submission was the end of July. He also noted that for any non -I35 project a 20% local match would be required. The project outlined included (1) Project 1 - I35 Overpass of Brinker Road; (2) Project 2 - I35 overpass of Loop 288 upgrade and Mayhill Rd. U -Turn; (3) Project 3 — FM 1515 (Airport Road) — Airport to I35, would require a local match unlike Projects 1 and 2; (4) Project 4 — McKinney Street — Woodrow to east of Ryan High School, staff was working with TxDOT to accomplish this project. City of Denton City Council Minutes June 30, 2015 Page 6 Council discussed the potential of this project in terms of RTC funding and whether to do the project in phases in order to get the project done at least to Ryan High School. The project could be taken off the RTR funding list if done through RTC funding. Consensus was to take this project out of the RTR funding and pursue it through the RTC funding. Mayor Pro Tem Gregory asked how the City could compete effectively for the funding. Davis stated that any support from other entities would be helpful. Jon Fortune, Assistant City Manager, stated that it would be important to have the County on board before pursuing any RTR funding. Davis continued with Project 5 which was Bonnie Brae segments north of I35. This was a potential future project. Consensus of Council was to apply for the Loop 288 project and work with the County to determine if they would be in agreement with that project. Fortune stated that staff would continue looking for other funding for the other projects. Item C was not considered. Council considered Work Session Item A. A. ID 15 -449 Take a tour of City Hall West and receive a report, hold a discussion, and give staff direction regarding projects, priorities, and organizational structure of the Planning and Development Department. Council participated in a tour of City Hall West. Council returned to the Conference Room and continued with the discussion of projects, priorities, and organizational structure of the Planning and Development Department. Bissett spoke on current initiatives, organizational structure, projects and priorities. Current initiatives included LEAN Government, Customer Service Improvement, Analysis of the DRC process, Technology Assessment & Upgrades, and Financial Assessment. The prior organizational structure and the current organizational structure were reviewed. This discussion would center on the Planning Division and the Building Inspections Department. The Planning Division Priorities were presented. Some were these were Council - directed and some were additional priorities. The number of new planning cases processed annually was reviewed. The current structure had all of the planners working on cases and the demands of the case reviews meant that other priorities would not get done. A new organizational structure was shown in terms of development review and long -range planning. City of Denton City Council Minutes June 30, 2015 Page 7 Long range priorities included (1) Clarion Scope of Work — update DDC, (2) immediate DDC amendments, (3) tree code update, (4) sign code update, (5) wayfinding signage, (6) I35 corridor redevelopment plan, (7) implementation of the Denton 2030 plan, (8) neighborhood planning and (9) Historic Landmark Commission. The objectives of the Clarion Scope of Work were to address specific structural issues, create a basis /foundation before the Comprehensive Plan adoption. Immediate DDC amendments included such areas as crafting alcohol production, microbreweries, wineries, and distilleries. New uses would be defined such as data centers, food parks, and municipal utilities. "Low hanging fruit" such as NRS lot coverage and DC -G maximum height would also be considered. Proposed projects to outsource included the I35 corridor redevelopment plan to address non- conforming uses and master plan for redevelopment plus the implementation of the Denton 2030 plan for sector studies for re- zoning to future land use plan. Internal Project Management covered the areas of the implementation of the Denton 2030 plan, prioritization of small area plans and corridor plans, wayfinding signage program, and the Historic Landmark Commission. Development Review priorities included DRC process improvements; DRC website, forms and communication; Development Review Team concept; Rayzor Ranch vision and overlay; Cole Ranch development standards; Development Review goals, reporting, auditing and monitoring; and permit center concept and annexations. Development review involved three primary departments - Planning for land use, Engineering for infrastructure and Building Inspections for permitting. A new concept was being considered for a development review team concept that would include a development review administrator with 4 teams. Each team would have a planner, engineer and plans examiner. The Building Inspections Department consisted of Plan Review and Inspections. Plan Review involved commercial plan review, residential plan review and fire safety review. Fire Safety reported to Fire. Inspections involved building inspections, health inspections and fire safety inspections. The Building Inspections priorities and workload was presented in terms of permits issued and the number of inspections per inspector per day for the last 12 months. Future Trends involved (1) Ranger One with an anticipated $300,000 in inspection fees (2) Rayzor Ranch South — Phase 1 with clearing and grading underway, and mid -year staffing additions and new FTEs in a budget request. Next steps were to report on findings of the Development Review Process and make recommendations for improvement; kick start the Clarion work; and standardize monthly reports to show progress. Council Member Johnson asked if the vacant positions were included in the budget. City Manager Campbell replied correct. City of Denton City Council Minutes June 30, 2015 Page 8 Council Member Johnson asked if the money carried over to the next year. City Manger Campbell stated not the money but the budget was there. Council Member Johnson asked about the budget for the next year projections for sales tax and revenue, etc. as Ranger 1 was not contemplated when the budget was put together. There needed to be some thought given about a way to have in the budget a mechanism if additional work load was created by a new project so as to increase staffing level at that time instead of waiting for the next year's budget. City Manger Campbell stated that two Building Inspector positions were included in this next year. Those would carry forward to the next budget but staff was moving forward now due to the demand. Council discussed the managed vacancy program and the need to maintain the budgeted amount of savings. Council Member Wazny stated that she was in favor of moving ahead with the proposed changes and suggesting asking other cities what they had done in their Planning Department. Bissett stated that they had already been doing some benchmarks with other cities. Council Member Wazny suggesting having a plan ready if staff outgrew the building on where to house all of the employees. Council discussed the team concept for the development process and the value of that concept. Council also discussed the productivity of Planning employees and their poor working environment. There was a need to find a short term solution and then a long term solution for the work environment. It was a challenge for Council to find a decent facility for the Planning staff and needed to find ways to solve the immediate problems for City Hall West. Council Member Wazny felt that Council needed to make this a priority on where Planning could go to maximize efficiency and help with employee retention. Council Member Johnson asked for a report on the amount of money in the CIP that hadn't been spent on the building. Mayor Watts stated they had talked about a municipal complex but needed to start to formulate a short term and long term fix for all city buildings. Consensus of the Council was to proceed with in the direction of Bissett's presentation. Council Member Wazny felt there needed to be a team to look for space and when options were needed. She suggested looking at options in September which would give the team time to canvass the City and look for space. City Manager Campbell stated that Council had looked at Planning tonight but that there were also staff at three different city halls with other people who interacted with the Planning City of Denton City Council Minutes June 30, 2015 Page 9 Department and those relationships with other departments could not be ignored. This was a critical need in an important department but it was related to other areas of the organization as well. Mayor Pro Tern Gregory suggested looking at an interim step for immediate relief. Council Member Wazny suggested an interim plan get out of City Hall West and into a functional area. City Manger Campbell stated that staff would put together game plan on how to formulate the needs. Council Member Johnson suggested determining how much space was needed and what the adjacency requirements were for other employees for a short term solution. Bissett stated that staff would look at the inventory of space in the City, what the immediate needs were for Planning and what were the needs for adjacent employees. Council returned to the Closed Meeting 10:04 p.m. to discuss Item B listed above under the Closed Meeting section of the minutes. Council convened in Open Session at 11:00 p.m. and with no further business, the meeting was adjourned. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS J1E N ]_, "l h1 S Cl SE( ��.ETARY CITY OF DENTON, TEXAS