Feb 17, 2015 City Council on 2015-02-17 1:00 PM

February 17, 2015 City Council 13163

Meeting Details
Meeting Date: February 17, 2015
Board: City Council
Video ID: 13163
Has Transcript: No
Has Agenda: Yes
AI Summary by Dentron 3000

Meeting Summary: City of Denton City Council – February 17, 2015

Key Topics and Discussions - Work Session (1:00 PM): Staff reports and council direction on Fire and EMS services for the Robson Ranch subdivision; a potential tax abatement agreement with Peterbilt Motors Company; reorganization of the Denton Development Code; revisions to Smoking Ordinance No. 2012-367; and adoption of the 2012 International Building, Residential, Plumbing, Mechanical, and Fuel Gas Codes. - Closed Meeting: Executive session deliberations on real property acquisition (Township II Park/Greenbelt tracts); economic development incentives for Peterbilt Motors Company; use of hotel/motel occupancy tax funds for Convention Center projects; Denton Municipal Electric’s Energy Risk Management Policy; and legal/regulatory issues regarding the Gas Well Ordinance and pending litigation. - Regular Meeting (6:30 PM): Proclamations for World Rotary Day and Beulah Harriss Day; citizen report on trespassing at the Senior Center; consent agenda approvals; public hearings on land use, park abandonment, gas well regulations, and tax abatement; and board/commission appointments.

Motions, Votes, and Outcomes - Consent Agenda (Items A–Q): Staff recommended approval via a single motion. Items include festival sponsorships, interlocal agreements for ambulance and fire services, professional services contracts, equipment rentals, a May 2015 election ordinance, and approval of January meeting minutes. - ADP14-0009 (Beaver Creek ESA Plan): Planning and Zoning Commission recommended approval (7-0). - ID 15-135 (North Lakes Park Abandonment): Parks, Recreation and Beautification Board recommended approval (5-0). - DCA14-0009c (Gas Well Ordinance Amendments): Planning and Zoning Commission recommended denial (4-3). A City Council supermajority vote is required for approval. - ID 15-115 & 15-116 (Peterbilt Motors Tax Abatement): Scheduled for public hearing and ordinance adoption to establish Reinvestment Zone No. XII and execute the tax abatement agreement.

Decisions Made - Final decisions on all agenda items are pending City Council vote during the regular meeting. Scheduled actions include adoption of consent agenda items, consideration of the Beaver Creek ESA plan, North Lakes Park land abandonment, gas well code amendments, and Peterbilt Motors tax abatement ordinances. Council is also scheduled to review nominations for the Health & Building Standards Commission, Human Services Advisory Committee, Parks, Recreation & Beautification Board, and Traffic Safety Commission.

Action Items or Next Steps - City Manager or designee to implement consent agenda items upon council approval. - Council to conduct public hearings and vote on DCA14-0009c, ADP14-0009, ID 15-135, and Peterbilt tax abatement items. - Staff to provide direction based on work session discussions regarding code adoptions, smoking ordinance revisions, and development code reorganization. - Closed meeting deliberations to inform subsequent open meeting actions on property acquisition, economic development negotiations, utility policy, and gas well regulatory litigation.

Agenda Chapters
1. Regular 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:
0:12 - 0:19
2. A. ID 15-111 World Rotary Day
1:46 - 6:23
3. B. ID 15-118 Beulah Harriss Day
6:23 - 10:45
4. A. ID 15-127 Gerald DeMarsh regarding no trespassing at the Senior Center.
10:45 - 15:02
5. 4. CONSENT AGENDA
15:02 - 183:40
6. A. ADP14-0009 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 approximately 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. (ADP14-0009). The Planning and Zoning Commission recommends approval (7-0).
15:51 - 62:14
7. 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)
62:14 - 70:02
8. 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 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.
70:02 - 174:17
9. 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 commercial/industrial 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.
174:17 - 181:06
10. 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 to Peterbilt Motors Company, receiving the Tax Abatement; providing for a severability clause; and providing an effective date.
181:06 - 181:29
11. 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.
181:29 - 183:40
12. 7. CONCLUDING ITEMS
183:40 - 198:34
Agenda
11 pages
City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, February 17, 2015 1:00 PM Work Session Room & Council Chambers After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, February 17, 2015 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: 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for February 17, 2015. 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. Attachments: Exhibit 1 Presentation B. ID 15-155 Receive a report, hold a discussion and give staff direction regarding a possible Tax Abatement Agreement with Peterbilt Motors Company. C. SI15-0006 Receive a report, hold a discussion and give staff direction on an amendment to reorganize the Denton Development Code. Attachments: Exhibit 1 - Disposition Report Exhibit 2 - Revised Table of Contents Exhibit 3 - Summary Table of Review Procedures D. ID 15-138 Receive a report, hold a discussion, and give staff direction regarding Smoking Ordinance No. 2012-367. Attachments: Exhibit 1 2012-367 Smoking Regulations Exhibit 2 Ordinance - Clean Version Exhibit 3 Smoking Ordinance Red-lined version Exhibit 4 EngageDenton.com Survey Results (Feb 2015) Exhibit 5 Smoking Ordinance Revisions Presentation E. SI15-0004 Receive a report, hold a discussion and give staff…

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