December 2, 2008 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
December 2, 2008
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 2, 2008 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, Thomson,
and Watts.
ABSENT: Mayor Burroughs
1.The Staff responded to requests for clarification of agenda items listed on the agenda for
December 2, 2008.
Council Member Mulroy asked if the signed consent forms for the noise exception for Consent
Agenda 3L were available.
Janie McLeod, Special Events Coordinator, stated that the applicant was requested to get written
permission from the residents but she did not have those documents.
Council Member Mulroy asked for a staff recommendation.
McLeod stated that the family had indicated that this had been a hard year for the family and
they wanted the exception in order to wish their father both a happy birthday and happy
anniversary.
Council Member Mulroy asked if the staff could recommend the exception without the
documents from the neighboring residents.
Emerson Vorel, Director of Parks and Recreation, stated that staff was in favor of the exception.
There were only two private residences within 500 feet of the home. Even with the exception the
Police Department had several options to enforce excessive noise.
Council Member Moreno asked if there would be any music amplification devices.
McLeod replied no, that the music would be facing away from the direction of the residences.
Council Member Mulroy asked why the sewer line was not done at the same time the water line
was done during platting for Consent Agenda 3H.
Jim Coulter, Director of Water/Wastewater, stated that the wastewater line came from the west
while the water line came from the east.
Tim Fisher, Water Division Manager, stated that the original proposal from the DISD had an
interior lift station. Staff indicated that the line had to come out to the road but not across both
frontages.
Council Member Mulroy requested a follow-up memo on the history of the two lines.
Council Member Mulroy asked how the rates for the self-insurance compared to the existing
contract for Consent Agenda 3O.
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December 2, 2008
Page 2
Scott Payne, Risk Manager, stated that the company was willing to hold the fee the same as this
year.
Council Member Mulroy requested Legal comment on the green cement resolution proposed in
Individual Items 5C.
City Attorney Burgess stated that there had been a new development about the proposed
resolution. A lawsuit had been filed in the Dallas Division of District Court by Ash Grove
regarding various resolutions passed by Dallas, Plano, Fort Worth and others in the area. Ash
Grove had noted several allegations in the lawsuit: (1) competition and government contracting,
(2) violation of local preference provisions, (3) the Texas legislature required the TCEQ to
regulate air quality and the resolutions improperly punished Ash Grove, (4) arbitrary provisions,
(5) the resolutions stood without standards, (6) the resolutions were unconstitutional takings and
resulted in taking of property interests; (7) the resolutions were a violation of the equal
protection clause because they distinguished between wet and dry cement by eliminating wet
from contracts, and (8) the resolutions were a violation of constitutional rights. She indicated
that the area resolutions were not all the same and staff needed to look carefully before taking
action.
Mayor Pro Tem Kamp indicated that the Council Committee on the Environment was supportive
of the initiative recommendation and asked about taking more time to consider it based on the
lawsuit.
Burgess felt it would be prudent to take a good look at the allegations before taking action.
Denton could be included in the lawsuit if a resolution were passed at this time and felt that
Council and staff needed to take a good look at the lawsuit before passing anything.
Mayor Pro Tem Kamp felt that timing was an issue because the current contract expired in
February of 2009. It would be good to include the provisions of the proposed resolution in that
requirement when going out for bids.
City Attorney Burgess stated that Section 271 of the Local Government Code could be used to
give preference to a company that met or exceeded air quality standards as long as the cost did
not exceed 105% of the goods or services of the vendor who did not meet the standards. That
provision would not require a resolution by Council.
Council Member Thomson asked if Council could approve the proposed resolution upon
affirmative solution of lawsuit.
City Attorney Burgess stated that she had not seen such an item passed conditionally. It could be
an issue with improper delegation of authority.
Council Member Mulroy asked about a time frame required for a legal analysis/financial
exposure on the issue. He suggested that in the interim, an ordinance be prepared that would
exercise the right of Section 271 until another resolution was ready.
City Attorney Burgess stated that Council would not have to pass an ordinance to implement
Section 271. It could be used on a case by case basis as Council deemed appropriate.
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December 2, 2008
Page 3
Council Member Mulroy stated that the purpose of the ordinance would be to set that in writing
pending further analysis.
City Attorney Burgess stated that staff could draft a resolution to express intent and use that
provision in the Local Government Code. It would not take long to draft.
City Manager Campbell asked if an ordinance should be done which would be statutory or do a
resolution stating intent.
City Attorney Burgess stated that a conservative approach would be a resolution.
2.The Council received a presentation and held a discussion with members of the
University of North Texas Political Science 4500 Leadership Seminar class concerning bottled
water use and bottled water policies.
Benjamin Vale, UNT Leadership Class, stated that the class proposal was for the City to pass a
resolution ending the use of any municipal funds in the purchase of disposable water and
promote the use of municipal water in all municipal activities and in all agencies. Another facet
of the program would be to engage in an educational campaign in partnership with the
community. Instead of using disposable water, use reusable sports bottles that both promote tap
water and avoid the use of disposable water. A logo for the campaign could be “Tap In”. There
currently was a movement throughout the nation against bottled water. He presented information
on the cost of bottled water, why Denton water was better, and asked for a resolution to end the
purchase of bottled water for city offices, employees and for public events sponsored by the City.
Tap water should be made readily available in all locations. The city needed to support the
purchase and distribution of reusable sports bottles in lieu of disposable water bottles. Funds
saved through the educational campaign could be used to purchase new sports bottles which
would eventually reduce the carbon footprint and divert tons of waste from the landfill. He also
presented options on the “Tap In” educational campaign.
Council thanked the class for the report.
3.The Council received a report, held a discussion and gave staff direction regarding the
City of Denton Parks, Recreation, and Trails System Master Plan.
Emerson Vorel stated that this was the final draft for review and comments and would be
brought back to Council at a future meeting for consideration.
Britt Flaten, Jacobs Carter Burgess, reviewed the purpose of the plan which was to provide a
framework for orderly and consistent planning and development, provide detailed research and
facts concerning the community and the roles of parks and recreation, establish priorities and
statements of direction based on researched and documented facts and a community based needs
analysis, provide direction in the area of acquisition and development of park land to meet future
needs, and conform to the preparation suggestions and/or guidelines for local Parks, Recreation
and Open Space Master Plans, prepared by the Texas Parks and Wildlife Department for Texas
Recreation and Parks Account local park grant program. Phase I dealt with an inventory and
needs assessment which included a base map preparation, inventory/supply analysis, population
data and benchmark comparisons, customized standards for Denton, and a needs assessment to
City of Denton City Council Minutes
December 2, 2008
Page 4
help establish citizen priorities. Phase II dealt with priority ranking analysis, action plan,
expenditure analysis, preliminary master plan and a final report.
Phillip Neeley, Jacobs Carter Burgess, presented information on Phase III. The factors and
weighted values used included citizen input/survey results (40%), Parks and Recreation staff
input (20%), Parks, Recreation and Beautification Board input (10%), Parks Foundation input
(10%), City Council (10%), and consultant evaluation (10%). High priority ranking items were
hike/bike/jog running & nature trails, additional recreation center space, indoor gymnasium
space; nature trails/greenway corridors; larger Senior Center, open space/nature areas, and
additional soccer fields. He reviewed a ten year action plan proposal and an expenditure analysis
for various options for funding. The final master plan would be submitted to the Texas Parks
and Wildlife Department with color copies available for public display.
Council discussed rerunning the calculations from the citizen survey results with alternate
weighing factors such as citizen input at 50-60% to see if priorities might change. Flaten
indicated that it would not be hard to rework the calculations and that some of the top priorities
might change.
Council Member Thomson stated that he would like to see more permeable parking in parks
wherever possible.
Vorel replied that other construction techniques would have to be explored. He was not opposed
to them but such surfaces did have maintenance issues.
Mayor Pro Tem Kamp announced that Work Session Item #5 would not be considered at this
meeting.
4.The Council received a briefing, held a discussion and gave staff direction on the
proposed amendments to Subchapter 18 “Land Disturbing Activities” of the Denton
Development Code (DDC). The Planning and Zoning Commission recommended approval of
the proposed amendments (7-0). (DCA06-0010)
Mark Cunningham, Director of Planning and Development, stated that the purpose of the
amendments was to streamline the review and approval process for clearing and grading permits;
address procedural changes in the review and permitting process; remove components of
Subchapter 18 that were already regulated under other subchapters and address TCEQ and
Federal storm water permitting requirements.
The State permit required that the city adopt an ordinance for both erosion and sediment control,
conduct reviews of site management plans, establish a mechanism to receive information
provided by the public, perform regular, documented site inspections, and establish a mechanism
to assess and levy penalties for non-compliance.
Options for related permits showed that in addition to being able to obtain a clearing and grading
permit, applicants may now also apply for a grubbing permit and a stockpiling and excavation
permit.
City of Denton City Council Minutes
December 2, 2008
Page 5
The proposed amendments would provide definitions for clearing, grading, grubbing, imported
fill, excavation and stockpiling.
Cunningham detailed the amendments proposed for Subchapter 18 as noted in the agenda backup
materials.
Council Member Mulroy stated that no clearing and grading permit would be issued without
final plat approval by the Planning and Zoning Commission.
Cunningham replied correct but that staff would revisit the issue due to varying circumstances
that might arise.
Council Member Watts asked if the property was platted but kept the same configuration, would
this still apply.
Cunningham felt it would not.
Council Member Mulroy suggested keeping the 100 cubic yards for non-residential exemptions.
Cunningham stated that they had received input from stakeholders, etc. for the reduction for non-
residential. He also indicated that oversight responsibility would be moved to the Building
Official rather than the Planning and Development Director to create a consistency with other
provisions.
Council Member Mulroy suggested a further definition for the temporary stabilization measures
for enforcement measures.
Cunningham stated that he would take Council comments into consideration for the next draft.
5.Receive a briefing, hold a discussion and give staff direction on the proposed
amendments to Subchapters 6, 12 and 13 of the Denton Development Code. The amendments
included are to clarify standards and regulations regarding SUP revocation, yard measurements,
accessory buildings and structures general regulations, expansion applicability, preservation and
mitigation requirements for infill lots, light and glare performance requirements, and site
development requirements for residential buildings. The Planning and Zoning Commission
recommended approval of the proposed amendments (6-0). (DCA08-0002)
This item was not considered.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:50 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1.Closed Meeting:
A.Consultation with Attorney – Under Texas Government Code §551.071; and
Deliberations Regarding Real Property – Under Texas Government Code
§551.072.
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December 2, 2008
Page 6
1.Discussed, deliberated, and received information from Staff and provided
Staff with direction regarding the valuation and possible acquisition of
permanent utility easement of approximate 0.3792 acre and temporary
construction easements of approximately 0.3504 acre, 0.1836 acre, 0.0873
acre, and 0.1138 acre, all situated in the Robert Beaumont Survey,
Abstract Number 31, City of Denton, Denton County, Texas located at the
northeast corner of Bonnie Brae Street and West University Drive, said
easement tracts to be acquired for utility and temporary utility
construction purposes. Consultation with the City’s attorneys regarding
legal issues associated with the acquisition of said easement tracts, where
a public discussion of these legal matters would conflict with the duty of
the City’s attorneys to the Public Utility Board under the Texas Rules of
Disciplinary Conduct of the State Bar of Texas, or would jeopardize the
City’s legal position in any administrative proceedings or potential
litigation.
2.Discussed, deliberated, and received information from Staff and provided
Staff with direction regarding the valuation and possible acquisition of
permanent utility easement of approximately 1.4098 acre and temporary
construction easement of approximately 0.9397 acre, both being situated
in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton,
Denton County, Texas approximately located 200 feet north of Windsor
Drive, 600 feet east of Bonnie Brae Street, said easement tracts to be
acquired for utility and temporary utility construction purposes.
Consultation with the City’s attorneys regarding legal issues associated
with the acquisition of said easement tracts, where a public discussion of
these legal matters would conflict with the duty of the City’s attorneys to
the Public Utility Board under the Texas Rules of Disciplinary Conduct of
the State Bar of Texas, or would jeopardize the City’s legal position in any
administrative proceedings or potential litigation.
3. Discussed, deliberated, and received information from Staff and provided
Staff with direction regarding the valuation and possible acquisition of a
street right-of-way tract of approximately 1.2065 acre, being situated in
the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton,
Denton County, Texas, approximately located at the northeast corner of
North Lakes Park, south side of U.S. Highway 77, approximately 400 feet
south of the Riney Road intersection, said street right-of-way tract to be
acquired for street, utility and drainage purposes. Consultation with the
City’s attorneys regarding legal issues associated with the acquisition of
said easement tracts, where a public discussion of these legal matters
would conflict with the duty of the City’s attorneys to the Public Utility
Board under the Texas Rules of Disciplinary Conduct of the State Bar of
Texas, or would jeopardize the City’s legal position in any administrative
proceedings or potential litigation.
City of Denton City Council Minutes
December 2, 2008
Page 7
4. Discussed, deliberated, and received information from Staff and provided
Staff with direction regarding the valuation and possible acquisition of fee
title to a 2.5367 acre tract of land situated in the Asa Hickman Survey,
Abstract No. 521, City of Denton, Denton County, Texas, said tract to be
acquired for municipal utility purposes. Consultation with the City’s
attorneys regarding legal issues associated with the acquisition of fee title
to the 2.5367 acre tract, where a public discussion of these legal matters
would conflict with the duty of the City’s attorneys to the Public Utility
Board under the Texas Rules of Disciplinary Conduct of the State Bar of
Texas, or would jeopardize the City’s legal position in any administrative
proceedings or potential litigation.
5. Discussed, deliberated, and received information from Staff and provided
Staff with direction regarding the valuation and possible acquisition of fee
title to a 20.5961 acre tract of land situated in the N.H. Meisenhiemer
Survey, Abstract No. 810, City of Denton, Denton County, Texas, and
being located along U.S. 77 and Old Riney Road, said tract to be acquired
for municipal purposes and public park purposes. Consultation with the
City’s attorneys regarding legal issues associated with the acquisition of
fee title to the 20.5961 acre tract, where a public discussion of these legal
matters would conflict with the duty of the City’s attorneys to the City
Council under the Texas Rules of Disciplinary Conduct of the State Bar of
Texas, or would jeopardize the City’s legal position in any administrative
proceedings or potential litigation.
B.Consultation with Attorney – Under Texas Government Code §551.071.
1.Considered and discussed status, including potential settlement, of
litigation styled Collegiate Community Outreach d/b/a UNT Chi Alpha v.
City of Denton, Cause No. 4:07cv564, currently pending in the U.S.
District Court, Eastern District, Sherman Division.
Regular Meeting of the City of Denton City Council on Tuesday, December 2, 2008 at 7:00 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. Proclamations/Awards
1. Police Appreciation Day
Mayor Pro Tem Kamp presented a proclamation for Police Appreciation Day.
City of Denton City Council Minutes
December 2, 2008
Page 8
3. CONSENT AGENDA
Mayor Pro Tem Kamp indicated that Speaker Cards had been submitted for Consent Agenda
items.
Robert Donnelly, 3900 Quail Creek Road, Denton, 76208, spoke on Consent Agenda Item 3F.
He questioned the purchase of the property for the street right-of-way use for the water line.
Frank Payne, City Engineer, stated that the property was not being purchased because of the
proposed use for the animal adoption center. This proposal was for an alternative access for
North Lakes Park before the existence of the proposed animal adoption center.
Mr. Donnelly questioned Consent Agenda Item 3G. It appeared that the City was purchasing
land through the Water Department for an animal shelter. He felt the purchase should have been
more transparent than through the Water Department/Street Department.
Paul Williamson, Real Estate Manager, stated that the funding was from various funds in
connection with the various uses such as Parks for the soccer fields and approved Certificates of
Obligation.
Roger Wilkinson, 2201 North Lake Trail, Denton, 76201, spoke on Consent Agenda Item 3G
indicating that people in the area were not aware of the moving of the facility to the proposed
site.
Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson
“aye”, and Watts “aye”. Motion carried unanimously.
A. 2008-287 - An ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to those cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (File 4199–
Electrical Energy Transmission Fees for Lower Colorado River Authority in the
amount of $588,500). The Public Utilities Board recommended approval (4-0).
B. 2008-288 - An ordinance accepting competitive bids and awarding a public works
contract for the reconstruction of Old North Road; providing for the expenditure
of funds therefor; and providing an effective date (Bid 4184–Old North Road
Reconstruction awarded to Jagoe-Public Company in the amount of $836,909).
C. 2008-289 - An ordinance accepting competitive proposals and awarding a
contract for the purchase of a Supervisory Control and Data Acquisition
(SCADA) system for Denton Municipal Electric; providing for the expenditure of
funds therefor; and providing an effective date (Bid 4074–SCADA/DMS System
for DME Municipal Electric awarded to Open Systems International (OSI) in the
amount of $203,419). The Public Utilities Board recommended approval (4-0).
City of Denton City Council Minutes
December 2, 2008
Page 9
D. 2008-290 - An ordinance authorizing the City Manager or his designee to execute
an easement purchase agreement by and between the City of Denton, Texas and
David R. Fulton, Trustee, and any other documents and conveyances that are
necessary to acquire an approximate 0.3792 acre utility easement, and temporary
construction easements of approximately 0.3504 acre, 0.1836 acre, 0.0873 acre,
and 0.1138 acre, all being located in the Robert Beaumont Survey, Abstract
Number 31, City of Denton, Denton County, Texas; authorizing the expenditure
of funds therefor; and providing an effective date. (North-South 42-inch Water
Line Project and U.S. Highway 380 Utility Relocation Project). The Public
Utilities Board recommended approval (4-0).
E. 2008-291 - An ordinance authorizing the City Manager or his designee to execute
an easement purchase agreement by and between the City of Denton, Texas and
Rayzor Investments, Ltd., and any other documents and conveyances that are
necessary to acquire an approximate 1.4098 acre utility easement, and a
temporary construction easement of approximately 0.9397 acre, both being
located in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton,
Denton County, Texas; authorizing the expenditure of funds therefor; and
providing an effective date. (North-South 42-inch Water Line Project) The Public
Utilities Board recommended approval (4-0).
F. 2008-292 - An ordinance authorizing the City Manager or his designee to execute
a Street Right-of-Way Purchase Agreement by and between the City of Denton,
Texas and Rayzor Investments, Ltd., and any other documents and conveyances
that are necessary to acquire an approximate 1.2065 acre street right-of-way tract,
being located in the N.H. Meisenhiemer Survey, Abstract Number 810, City of
Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and
providing an effective date. (North-South 42-inch Water Line Project) The Public
Utilities Board recommended approval (4-0).
G. 2008-293 - An ordinance authorizing the City Manager or his designee to execute
an agreement for purchase and sale entered into by and between the City of
Denton, Texas and Rayzor Investments, Ltd., together with any other documents
and conveyances that are necessary to acquire an approximate 20.5961 acre tract
of real property in the N.H. Meisenhiemer Survey, Abstract Number 810, City of
Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and
providing an effective date. (Municipal Services and Northlakes Park Expansion -
$1,345,761)
H. 2008-294 - An ordinance of the City Council of Denton, Texas authorizing the
City Manager to execute a Water Main and Sewer Main Pro-Rata Reimbursement
Agreement between the City of Denton, Texas and KLR Development LLC. for
reimbursement of the costs of building a water main and sewer main, through pro-
rata charges paid to the City; authorizing the transfer of funds pursuant to the
agreement; and providing an effective date. The Public Utilities Board
recommended approval (4-0).
City of Denton City Council Minutes
December 2, 2008
Page 10
I.2008-295 - An ordinance authorizing the City Manager to execute a Water Main
Cost Participation Agreement between the City of Denton, Texas and KLR
Development LLC, for the City’s participation in the oversizing of water mains
and in accordance with the terms and conditions of this ordinance; authorizing the
expenditure of funds therefor; and providing an effective date. (in the not-to-
exceed amount of $17,115.48) The Public Utilities Board recommended approval
(4-0).
J.Approved the minutes of:
October 14, 2008
October 20, 2008
October 21, 2008
November 3, 2008
K.Approved tax refunds for the following property taxes:
Name Reason Tax Year Amount
1. Columbia Medical Center DCAD Supplemental Change2003-2006 $12,381.51
2. First Denton LTD DCAD Supplemental Change2005 $ 5,629.17
L.Approved a request for an exception to the Noise Ordinance for the purpose of a
mariachi band to play music during the anniversary/birthday party for the parents
of Jesus and Miriam Contreras family. The event will be held at 3880 Cobb Dr.
on December 31, 2008, from 12:00 midnight until 3:00 a.m. The Noise
Ordinance Chapter 20 -1 (3) states that noise must end by 10:00 p.m.
M.2008-296 - An ordinance of the City of Denton, Texas amending the Schedule of
Fees contained in Ordinance 2004-060 by adopting a new Planning and
Development Department Review Fee Schedule as authorized by the Denton
Development Code for the City of Denton, Texas, for filing applications for
review, approval, and issuance of Municipal Setting Designations (MSDs);
providing a severability clause; providing for publication; and providing for an
effective date.
N.2008-297 - An ordinance of the City of Denton Council requesting the City
Manager, or his designee, to execute on behalf of the City of Denton an
acceptance of an offer from the Texas Department of Transportation relating to a
grant for the Routine Airport Maintenance Program (RAMP); authorizing the City
Manager to expend funds provided for in the grant program; and declaring an
effective date. TxDOT Project No. AM 2009DNTON and TxDOT CSJ No.
M918DNTON). The Airport Advisory Board recommended approval (6-0).
O.2008-298 - An ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager to execute an Administrative Services Agreement
for self-funded employee benefit plans with United Healthcare Insurance
Company; authorizing the expenditure of funds therefor; and providing an
effective date (in the estimated annual amount of $356,000).
City of Denton City Council Minutes
December 2, 2008
Page 11
4.PUBLIC HEARINGS
A. The Council held the first of two public hearings to consider, under the
annexation procedures for areas exempted from the municipal annexation plan, the voluntary
annexation and service plan for approximately 868.29 acres, located in the City’s Extraterritorial
Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists
of two distinct areas, as presented in Exhibit 1. The first area (annexation area #1) is
approximately 24.94 acres in size and is generally located between the City’s current northern
city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is
approximately 843.35 acres and is generally located east of FM 2164 and north of Shepard Road.
Mark Cunningham, Director of Planning and Development, stated that this was the first of two
public hearings and consisted of two separate areas. The purpose of the annexation was to
implement a settlement agreement between the City and the applicants of the annexation petition.
Staff recommended the public hearing proceed as scheduled and was consistent with the City’s
annexation policy.
The Mayor Pro Tem opened the public hearing.
The following individuals spoke during the public hearing:
Glenn Hacker, 904 Hoss Road, Sanger, 76266 - opposed
Danny Bays, 882 Hoss Road, Sanger, 76266 – opposed
Doug Waring, 722 Doc Holiday Road, Sanger, 76266 - undecided favor or opposed
The Mayor Pro Tem closed the public hearing.
No action was needed on this item at this time.
B. The Council continued a public hearing and considered adoption of an ordinance
of the City of Denton, Texas, providing for a Specific Use Permit to allow a basic utility on
approximately 2.5367 acres of land within a Neighborhood Residential 4 (NR-4) zoning district
classification and use designation, generally located on the north side of Roselawn Circle, 440
feet north of Roselawn Drive, and legally described as Lot 1, Block A of the Roselawn Elevated
Storage Tank Addition, in the City of Denton, Denton County, Texas; providing for a penalty in
the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The
Planning and Zoning Commission recommended approval (7-0).
Mark Cunningham, Director of Planning and Development, stated that this request was for a
specific use permit to allow a basic utility (elevated potable water storage tank) on property in a
NR-4 zoning district. This was a continuation of a previous public hearing. Council responded
to a request from the neighborhood for a neighborhood meeting. Meeting notices were mailed to
1,500 area residents with 14 people attending the meeting on November 13, 2008.
The Mayor Pro Tem opened the public hearing.
The following individuals spoke during the public hearing:
City of Denton City Council Minutes
December 2, 2008
Page 12
Alice Gore, 2215 Westwood, Denton, 76205 - spoke in opposition
A Comment Card was submitted by Linnie McAdams, 1120 Kendolph, Denton, 76205 in
opposition.
The Mayor Pro Tem closed the public hearing.
Mayor Pro Tem Kamp stated that there had been questions about alternate sites.
Frank Payne, City Engineer, stated that a great number of alternate sites had been explored over
the past several years. Recently staff had looked at three sites with the current site being the
least expensive to develop and was preferred by the property owner.
Council Member Thomson felt that there would be a considerable increase in costs with the other
sites.
Payne replied that he did not have an exact dollar amount for the other sites but projected
structural costs could be $500,000 and stranded costs for developing the preferred site would
also have to be included.
The following ordinance was considered:
NO. 2008-299
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
SPECIFIC USE PERMIT TO ALLOW A BASIC UTILITY ON APPROXIMATELY
2.5367 ACRES OF LAND WITHIN A NEIGHBORHOOD RESIDENTIAL 4 (NR-4)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, GENERALLY
LOCATED ON THE NORTH SIDE OF ROSELAWN CIRCLE, 440 FEET NORTH OF
ROSELAWN DRIVE, AND LEGALLY DESCRIBED AS LOT 1, BLOCK A OF THE
ROSELAWN ELEVATED STORAGE TANK ADDITION, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE.
Watts motioned, Moreno seconded to adopt the ordinance with the conditions recommended by
the Planning and Zoning Commission. On roll vote, Heggins “nay”, Kamp “aye”, Moreno
“aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried with a 5-1 vote.
5.ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance authorizing the City Manager or
his designee to execute a real estate contract by and between the City of Denton, Texas and
Rayzor Investments, Ltd., and any other documents and conveyances that are necessary to
acquire an approximate 2.5367 acre tract of real property in the Asa Hickman Survey, Abstract
Number 521, City of Denton, Denton County, Texas; authorizing the expenditure of funds
therefor; and providing an effective date. (Roselawn Area Water Tank) The Public Utilities
Board recommended approval (4-0).
City of Denton City Council Minutes
December 2, 2008
Page 13
The following ordinance was considered:
NO. 2008-300
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A REAL ESTATE CONTRACT BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND RAYZOR INVESTMENTS, LTD., AND ANY OTHER
DOCUMENTS AND CONVEYANCES THAT ARE NECESSARY TO ACQUIRE AN
APPROXIMATE 2.5367 ACRE TRACT OF REAL PROPERTY IN THE ASA
HICKMAN SURVEY, ABSTRACT NUMBER 521, CITY OF DENTON, DENTON
COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried
unanimously.
B. The Council considered adoption of an ordinance of the Council of the City of
Denton, Texas approving and adopting the “Greensense Energy Efficiency Rebate Program”
(Schedule GRP), which replaces and cancels in its entirety the “Energy Save Program”
(Schedule EP); and which “Greensense Energy Efficiency Rebate Program” also amends and
revises the provisions of the “Distributed Generation for Renewable Sources” Rider (Schedule
DGR) regarding the rates that were previously contained in Ordinance No. 2008-211 which
became effective on October 1, 2008; all rates contained in that ordinance otherwise shall remain
in full force and effect; providing for a repealer; providing for a severability clause; and
providing for an effective date. The Public Utilities Board recommended approval (5-0).
Bill Bunselmeyer, Key Accounts Executive, stated that staff had reviewed the existing demand
management rate and made revisions to reflect modern technology and made it more comparable
with similar incentives provided by other electric providers in Texas. By making this new rebate
program available to new construction as well as Denton Municipal Electric’s (DME) existing
customers, the GreenSense Energy Efficiency Rebate Program would increase the reduction of
future capacity requirements of Denton, heighten awareness of energy conservation, and
encourage better use by ratepayers of generating capacity during peak periods. Guidance from
the Committee on the Environment included helping to stimulate the growth of photovoltaic
applications in Denton. He presented the proposed rates and indicated that currently there was
$180,000 for the program. When those funds were gone, there were three alternatives for the
program - ask for more money from Council, not have any more rebates until the next year or
find other sources for funding.
Ed Soph, 1620 Victoria Drive, Denton, 76209 spoke in favor of the proposal.
The following ordinance was considered:
NO. 2008-301
AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING AND ADOPTING THE “GREENSENSE ENERGY EFFICIENCY
City of Denton City Council Minutes
December 2, 2008
Page 14
REBATE PROGRAM” (SCHEDULE GRP), WHICH REPLACES AND CANCELS IN
ITS ENTIRETY THE “ENERGY SAVE PROGRAM” (SCHEDULE EP); AND WHICH
“GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM” ALSO AMENDS
AND REVISES THE PROVISIONS OF THE “DISTRIBUTED GENERATION FOR
RENEWABLE SOURCES” RIDER (SCHEDULE DGR) REGARDING THE RATES
THAT WERE PREVIOUSLY CONTAINED IN ORDINANCE NO. 2008-211 WHICH
BECAME EFFECTIVE ON OCTOBER 1, 2008; ALL RATES CONTAINED IN THAT
ORDINANCE OTHERWISE SHALL REMAIN IN FULL FORCE AND EFFECT;
PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried
unanimously.
C. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, authorizing the purchase of dry kiln cement as the base bid; assigning
preferential purchase priority for cement produced with emission rates of 1.7 pounds of nitrogen
oxides NOx) per ton of clinker or less; requesting the City Manager to provide a report on the
results of these bid specifications in approximately 12 months from the effective date of this
resolution; and providing an effective date. The Committee on the Environment recommended
approval (2-0).
Kenny Banks, Environmental Quality Manager, stated that green cement was manufactured
using processes that minimized nitrogen oxide emissions. Council had received a briefing in
June and staff compiled additional background information on green cement policies and how
these policies interact with the ozone non-attainment concerns of the Dallas-Fort Worth
Metroplex and surrounding areas. The issues associated with ozone non-attainment included
impacts to human health and the potential loss of federal highway dollars. The Committee on
the Environment had considered this item in September and recommended staff conduct
additional research, including discussions with vendors, contractors, and staff involved in cement
purchases, as well as obtaining information from other municipalities, in order to better
understand the issues associated with adopting a green cement purchasing policy. Since
Wednesday there had been a change in the situation associated with this item. Ash Grove Texas
had filed a lawsuit involving cities that had passed similar resolutions. The City Attorney would
address issues regarding the litigation.
Speaker Cards were received from the following:
Peggy LaPoint, 1900 Highland Park Circle, Denton, 87205 - in favor of the resolution
Ed Soph, 1620 Victoria Drive, Denton, 76209 - in favor of the resolution
John Rath, 1537 Country Forest Court, Grapevine, 76251 - in favor of the resolution
Jim Schermbeck, 112 W. Garza, Slaton, 79364 - in favor of the resolution
Comment cards in support of the resolution were submitted by:
Vivian Casper, P.O. Box 50272, Denton, 76206
Mike Mizel, 800 Edgewood Place, Denton, 76209
City of Denton City Council Minutes
December 2, 2008
Page 15
Linnie McAdams, 1120 Kendolph Drive, Denton, 76205
Vicki Oppenheim, 600 Windfields, Denton, 76209
Bruce Berg, 1202 Oakwood, Denton, 76205
City Attorney Burgess stated that litigation was filed in Dallas Federal Court regarding similar
resolutions passed by other entities. Staff had not had an opportunity to look closely at the
litigation. She was recommending that Council not pass the resolution this evening to give staff
time to look at the litigation.
Council Member Heggins stated that she was in agreement with the resolution but must follow
the legal advice to study the issue before approval.
Council Member Watts asked for a date when staff might have a comment on the issue. This
was an important situation and Council needed to have a response as soon as possible.
City Attorney Burgess stated that it could be on the Council’s closed session on the next agenda.
th
Council Member Mulroy motioned to defer the item to the December 9 Closed Session. The
goal was to formulate a resolution that supported the issue but with language that was prudent in
legal terms. The resolution would be for the purchasing of cement as discussed in the Work
Session.
City Attorney Burgess stated that the provision in the Local Government Code would be
incorporated.
City Manager Campbell stated that the item would be posted for a discussion in closed session.
Council could then review the legal implication and take action, if desired, under the agenda item
for official action on executive session items. As this was already Tuesday, the next agenda
would be completed in three days and he wanted to give staff and council enough time to
complete the issue.
Mayor Pro Tem Kamp felt that Council was comfortable with amount of information received
for a resolution.
Mulroy motioned, Watts seconded to remove Item 5C as written from consideration and direct
Legal to take the first step towards an alternate resolution by posting a closed session item on the
next agenda with an open meeting item for possible consideration using the 5% preference
provision. Then take the next exploratory steps for circumstances beyond that.
Council Member Watts questioned what would have to be done if Council wanted to move
forward with a resolution beyond the 5%.
City Attorney Burgess stated that the issue would be the posting requirement. Council might
want to consider a discussion in closed session and then give staff an opportunity to draft a
resolution based on that discussion.
Council Member Watts indicated that he wanted the flexibility to move forward if desired once
they completed the closed session discussion.
City of Denton City Council Minutes
December 2, 2008
Page 16
City Attorney Burgess stated that public notice had to be given on any action the Council was
going to consider. Staff would post the item to allow Council the greatest flexibility.
Council Member Mulroy indicated that his motion was for the minimal that Council could
consider and not be challenged.
On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and
Watts “aye”. Motion carried unanimously.
D. The Council considered adoption of an ordinance creating Article XI of Chapter
28 of the Code of Ordinances of the City of Denton, Texas; in order to establish the minimum
standards for installation of irrigation systems within the corporate limits of the City and the
extraterritorial jurisdiction; providing for a severability clause; repealing all ordinances in
conflict therewith; providing for a criminal penalty, Class C misdemeanor not to exceed two
thousand dollars ($2,000.00) for violation of the code; and providing for an effective date.
Mark Cunningham, Director of Planning and Development, stated that House Bill 1556 required
municipalities with a population of 20,000 or more to adopt a landscape irrigation ordinance with
requirements at least as stringent as TCEQ rules. The proposed ordinance intended to meet those
requirements.
Council Member Watts asked for clarification that a property owner could do work on his own
residence but if it were rental property, he could not do repairs without a license.
Kurt Hanson, Building Official, stated that a full-time maintenance person could do repairs
without a license.
The following ordinance was considered:
NO. 2008-302
AN ORDINANCE CREATING ARTICLE XI OF CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS; IN ORDER TO ESTABLISH
THE MINIMUM STANDARDS FOR INSTALLATION OF IRRIGATION SYSTEMS
WITHIN THE CORPORATE LIMITS OF THE CITY AND THE
EXTRATERRITORIAL JURISDICTION; PROVIDING FOR A SEVERABILITY
CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH;
PROVIDING FOR A CRIMINAL PENALTY, CLASS C MISDEMEANOR NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR VIOLATION OF THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, and Watts “aye”. Motion carried
unanimously.
E. Citizen Reports
1.Council had a review of procedures for addressing the City Council.
City of Denton City Council Minutes
December 2, 2008
Page 17
2.Council received citizen reports from the following:
A.Bob Clifton regarding the Legal Department.
Mr. Clifton spoke regarding a citizen committee to consider Charter revisions. He also spoke
about the ethics of the Legal Department. He noted that Sawko and Burroughs had sent him a
delinquent tax notice.
F. 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.
There were no items presented.
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action taken on Closed Session items.
With no further business, the meeting was adjourned at 8:53 p.m.
________________________________
PETE KAMP
MAYOR PRO TEM
CITY OF DENTON, TEXAS
_________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS