CITY OF DENTON CITY COUNCIL MINUTES
January 26, 2016

After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 26, 2016 at 01:00 p.m. in the Council Work Session Room at City Hall.

After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Work Session on Tuesday, January 26, 2016 at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
PRESENT: Kevin Roden, Greg Johnson, Chris Watts, Joey Hawkins, Keely Briggs, Dalton Gregory, and Kathleen Wazny.
 
ABSENT: None.

1. Citizen Comments on Consent Agenda Items

None

2. Requests for clarification of agenda items listed on the agenda for January 26, 2016.

Wazny-questions on leave Consent A - and D move D to individual items. Mayor - same questions regarding Consent A, the lease. got the leases on Monday. GC - have more information either during th eWork Session or the Closed Session. Mayor - Item D - gas well drilling fees - several email on the item. would be more comfortable clarification from consultant regarding the fees

3. Work Session Reports

A. ID 16-036 Receive a report, hold a discussion, and give staff direction regarding efforts to ensure reliable and affordable access to high-speed Internet services for our citizens and businesses.

AIS

Exhibit 1 Verizon Pricing

Exhibit 2 Charter Internet Pricing

Exhibit 3 High Speed Internet Update

Melissa Kraft, Director of Technology Services, presented information on progress made indentifying additional internet Presented information on broadband basics definition, consumer grade connections in terms of DSL, cable and wireless connections. Business grade internet access service definitions and background information on requests for this type of service were noted. Staff had discussions with several providers on how to improve their service throughout the City. Providers included Zayo, Verizon Wireless, and Charter.

Staff recommendations - develop a communication plan, continue working with Internet Service provided and initiate conversations with Frontier Communications to address potential improvements to residential services. Council discussion - what size business needs high speed internet, what is on the horizon in 5 years from now in terms of needed speed, continue discussions with providers for internet connectivity for those not able to afford it, city work with providers to make sure lower income neighborhoods have internet connections, committee to study the issue,

B. ID 16-079 Receive a report and hold a discussion on the status of the Enhanced Right-of-Way Maintenance Program.

AIS

Exhibit 1 - Scope of Work and Project Districts

Exhibit 2 - PowerPoint Presentation

Lancine Bentley, TITLE, stated that the objective of her presentation was to provide an update on the Enhanced Right-of-way maintenance program including past accomplishments, upcoming consent agenda items and future plans. Showed before and after photos of areas they had worked on. Reviewed the Green Ribbon Program that community Improvement Services was involved with.

Reviewed upcoming consent agenda items for maintenance contracts and agreements with TxDOT and Union Pacific. Future plans included a contractors meeting, being cycles, daily monitoring, assess feasibility of other ROW projects, solicit community feedback, rail Yard project and provide Council updates. Council discussion - trees trimming on private property versus public public property and how to determine who is responsible for the maintenance of those areas, concerns regarding sustainability over the years to maintain areas, what other cities were doing for sustainability of the maintenance,

C. ID 16-082 Receive a report, hold a discussion, and give staff direction regarding the creation and implementation of Small Area Plans and the creation of a Small Area Plan for the Fry Street area.

AIS

Exhibit 1-Comprehensive Plan Goals

Exhibit 2-Fry Street Small Area Plan Boundary

Exhibit 3-Area Zoning

Exhibit 4-Area Future Land Use Map

Exhibit 5-Fry Street Small Area Work Plan Draft

Exhibit 6-Steering Committee Nomination Application

Sophie Huener, Associate Planner, presented information on the Denton plan 2030 and small area planning, growing need for small area plan in Fry Street area and ...... Reviewed background of small area planning in the Denton Plan 2030 which included the importance of the process, importance of the implementation, Fry Street was identified as the first area to participate in the Small Area Plan under Denton Plan 2030. reviewed information on the street area in the plan, goals for the Fry Street Plan. Small area plan process included community vision which included steering committee selection, the setting of goals and expectation of the process, holding a neighborhood meeting, Next stepts - select committee, hold first committee meeting and begin kickoff. Council discussion - what would be done in the interim before the committee was formed and process completed, whether this would add another layer to a development process, how the plan would help a developer know what was expected in a certain area, whether neighborhood involvement would include inside and outside the boundary of the plan area, makeup of the committee would be very important, the fact that there were competing interests in the area, the plan would not be a regulatory document, the boundaries of the plan and whether they were appropriate, the importance of involving the property owners at the front end of the process to ensure success at the end of the process, and thoughts regarding the makeup of the committee

D. ID 16-102 Receive a report and hold a discussion regarding an amendment to the Rayzor Ranch Overlay District Amendment, Public Hearing item ID 16-045.

Aimee Bissett, Director of Development Services, stated that the discussion would center on an amendment that would align the goals of the RR town center vision presented to Council January 6, 2015 with the Concept Plan. Showed the difference between the original and proposed concept plan and the proposed changes in some of the subareas within the plan. The Bubble paln will ber emoved because it was not a regulatory document. The concept Plan was the documents that set the boundaries for the subareas. Density zon plan was ......An amendmenet would also be proposed to clarify the criteria for approval for site plans.

AIS

Exhibit 1- SI15-0016 Presentation

Council discussion - notification process and how in this instance it did not involve many residents;

E. ID 16-119 Receive a report, hold a discussion and provide staff direction on a proposal to renovate the Old Central Fire Station and examine surface parking options for downtown.

AIS

Exhibit 1 Area Map Old Central

John Cabrales, Assistant City Manager, presented an update on the status of parking at the old Central Fire Station. Reviewed the current conditions and use, and discussed the site development options in terms of a low, medium, high and hybrid option. Prior disucssion regaridng the use of the facility for Our Daily Bread but at this time, they did not have a firm proposal. Staff was recommending Option 3. Council discussion - when considering the construction of the parking lot, keep the rock walls in place as an amenity for landscaping; Option 3 was too expensive at this time as it was not known what would happen with City Hall West, whether to go with Option 2 or Option 3, where the funding would be coming from for the two options, not take all of the funding from the General Fund, consider using TIF funds for part of the funding. Consensus of the Council was to proceed with Option 3.

F. ID 16-092 Receive a report, hold a discussion, and give staff direction on the Denton Renewable plan and activities related to the future power supply plans to meet the City’s growth and needs.

AIS

Phil Williams, General Manager - DME, reviewed the public question and answer session that was held on Saturday, January 23rd. Went through the Renewable Denton Plan in terms of what it would do for Denton and the support by conclusions from various sources. Council comments- reasons for moving ahead with this project at this time Level of citizen participation was high consideration of an outside consultant to review the proposal and provide options for consideration and the cost involved. what type of consultant would be hired and what would be the purpose for the consultant? What is the mission of the consultant and what trying to address? consultants in past used when staff did not have the time or expertise in an area but in this case staff had time and the expertise for the proposal. a consultant report that suggested using natural gas generation would not be supported by the public and would be said to be biased and flawed.

hiring a consultant might bring the community together to confirm which direction to proceed. before hiring consultant let staff provide more specific answers to questions that might be lingering. Natural gas was the bridge from fossil fuels to other renewables. three outstanding issues - need definitive plan, rfps out on renewable energy and would like to see those before making a decision, decide what to do with TMPA. need responses to those issues before voting on a resolution. a critical question was what to do with TMPA. pick a consultant within 2 weeks and complete by March/April. reasonable time frame for a consultant's response. Phil-would need someone familiar with ERCOT in order to go a good study of any proposal. Consensus of the Council Feb 2nd options on how to proceed with a consultant such as purchasing requirements, be very clear on scope and what types of options either what have proposed or what else might be considered; include the criteria meet goals expressed by council; increase renewables, affordable rates and maintain reliability. if use general terms such as what are options, they will provide that. need to be specific on the scope of work, here is the work we have done, is it flawed is there a better conclusion is that the right amount of money to spend. GC - staff needs to research waht constultants are available, what was the scope and how long to take. council discuss that information. might have it ready by the 16th.

wazny - pull item D for separate consideration. hawskins A E F pulled from consideration.

Joey Hawkins motioned, Dalton Gregory seconded to adopt F. ID 16-092 Receive a report, hold a discussion, and give staff direction on the Denton Renewable plan and activities related to the future power supply plans to meet the City's growth and needs. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Chris Watts "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

Following the completion of the Special Called Work Session, the City Council will convene in a Special Called Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda.  The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
1. Closed Meeting:

A. ID 16-107 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City’s attorneys regarding ID 16-098 of the January 26, 2016 Consent Agenda, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

AIS

B. ID 16-091 Deliberations Regarding Certain Public Power Utilities:  Competitive Matters - Under Texas Government Code Section 551.086. Receive a presentation from Denton Municipal Electric staff ("DME") regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies regarding same; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, in order to meet its future energy needs. Discuss, deliberate and provide Staff with direction.

AIS

C. ID 16-097 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, exchange, lease or value of real property located generally in the 200 block of West Hickory and the 200 block of West Mulberry in the City of Denton, Denton County, Texas.  Consultation with the City’s attorneys regarding legal issues associated with the potential real property matter 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.

AIS

D. ID 16-132 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City’s attorneys regarding legal issues associated with the Rayzor Ranch Overlay District zone 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.

AIS

Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
1. PLEDGE OF ALLEGIANCE

A. U.S. Flag B.  Texas Flag

2. CONSENT AGENDA

A. ID 16-096 Consider adoption of an ordinance of the City of Denton, Texas approving an Office Lease between the City of Denton and 4SR Mulberry, LLC, related to the properties located at 215 West Hickory Street and 216 West Mulberry Street, Denton, Texas, 76201; providing authority for the City Manager to execute the agreement subject to final language approval by the City Attorney; and providing an effective date.

AIS

B. ID 16-109 Consider approval of a resolution of the City of Denton, Texas authorizing the prohibition of open carrying handguns into meeting rooms during certain open meetings and providing for an effective date.

AIS

Exhibit 1 Resolution

C. ID 16-085 Consider adoption of an ordinance of the City of Denton, Texas, prohibiting left turns for any vehicle, except school buses, travelling southbound on Swisher Road at its intersection with Pockrus Paige Road on school days from 7:00 AM until 8:00 AM and from 2:30 PM until 3:30 PM; providing an exception for Denton Independent School District buses; providing a repealer clause; providing a savings clause; providing a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date.  The Traffic Safety Commission recommends approval (5-0).

AIS

Exhibit 1 - Location Map

Exhibit 2 - Ordinance

D. ID 16-098 Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No. 2013-248 and enacting a new ordinance relating to planning and development fees as it concerns; gas well drilling and production in the City of Denton and its extraterritorial jurisdiction; road damage remediation fee calculations due to damage to City of Denton roadways from gas well drilling and production activities in the city; assessment of penalties and interest; and setting an effective date.

AIS

Exhibit 1-Fee Schedule Ordinance No. 2013-248

Exhibit 3-Findings from Gas Well Fee Analysis

Exhibit 4-Proposal to Assist with Production Monitoring

Exhibit 5-Gas Well Fees - Presentation

Exhibit 6-New Fee Schedule Ordinance

Aaron Leal, First Assistant city Attorney, clarified the action to be taken on this agenda item. Fee related to site plans one for intial review for first 2 years and second fee for following that first 2 years. This was not a fee reduction. The fees represent the city's anticipated cost for recovery of the services provided for the site plans. fees cannot exceed amount of providing the service. It was anticipated that there would be more applications in the first two years in clusters rather than the third year of the fee schedule.

Dalton Gregory motioned, Greg Johnson seconded to adopt D. ID 16-098 Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No. 2013-248 and enacting a new ordinance relating to planning and development fees as it concerns; gas well drilling and production in the City of Denton and its extraterritorial jurisdiction; road damage remediation fee calculations due to damage to City of Denton roadways from gas well drilling and production activities in the city; assessment of penalties and interest; and setting an effective date. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Chris Watts "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

E. ID 16-158 Consider adoption of an ordinance of the City of Denton, Texas approving a Right of First Refusal between the City of Denton and 4SR Mulberry, LLC, related to the properties located at 215 West Hickory Street and 216 West Mulberry Street, Denton, Texas, 76201; providing authority for the City Manager to execute the agreement subject to final language approval by the City Attorney; and providing an effective date.

AIS

F. ID 16-159 Consider adoption of an ordinance of the City of Denton, Texas approving a Subordination, Non-Disturbance and Attornment Agreement between the City of Denton, 4SR Mulberry, LLC, and the National Bank of Texas at Fort Worth, related to the properties located at 215 West Hickory Street and 216 West Mulberry Street, Denton, Texas, 76201; providing authority for the City Manager to execute the agreement subject to final language approval by the City Attorney; and providing an effective date.

AIS

3. PUBLIC HEARINGS

A. ID 16-045 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the procedural and development standards for the Rayzor Ranch Overlay District by superseding the previously approved Rayzor Ranch Overlay District classification and amending Chapter 35, Subchapter 7.15 of the City of Denton Development Code. The approximately 410 acre site is generally located on the north and south sides of US HWY 380 (University Drive), between I-35 and Bonnie Brae St.

AIS

Exhibit 1-Staff Analysis

Exhibit 2-Site Location

Exhibit 3-Redline Ordinance

Exhibit 4-Ordinance  2010-0158

Exhibit 5-Public Notification Map and Responses

Exhibit 6-Draft Minutes of the January 13, 2016 Planning & Zoning Commission Meeting

Exhibit 7-Draft Ordinance

The Mayor opened the public hearing. Aimee Bissett, Director of Development Services, stated that this was a city initiated request. The prupose was to eliminate ambituities between concept plan subareas and uses as well as amend any exhibitg that conflict with past site plans. The amedment would align the goals of the RR town Center Vision presented to Coucnil on January 6, 2015 with the concept plan. Reviewed the history of the current plan and the summary of amendments. The Bubble paln would be removed because it was not a regulatory document. The Concept Plan was the document that set the boundaries for the subareas. Density zone plan was breing ing modified to align with ....... no changes to density or nunber of units..... The site plan exhibit had been modified to refelct current built. amedments to clefigy the criteria for approval for site plans.

PZ and staff recommended approval.

Willie Hudspeth -

closed public hearing.

Greg Johnson motioned, Dalton Gregory seconded to adopt A. ID 16-045 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the procedural and development standards for the Rayzor Ranch Overlay District by superseding the previously approved Rayzor Ranch Overlay District classification and amending Chapter 35, Subchapter 7.15 of the City of Denton Development Code. The approximately 410 acre site is generally located on the north and south sides of US HWY 380 (University Drive), between I-35 and Bonnie Brae St. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Chris Watts "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

4. CONCLUDING ITEMS

waxny - revisit cell phone policy

adjourn 7:05 p.m.

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. B.  Possible Continuation of Closed Meeting topics, above posted.

C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2016 at ________o’clock (a.m.) (p.m.)
__________________________________________ CITY SECRETARY
NOTE:    THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL CHAMBERS ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT.  THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.  PLEASE CALL THE CITY SECRETARY’S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE.
__________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS



__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS