November 3, 2009 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
November 3, 2009
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, November 3, 2009 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Heggins, Council Member Mulroy, and Council
Member Watts.
ABSENT: None.
1. Requests for clarification of agenda items listed on the agenda for November 3, 2009.
Mayor Burroughs questioned if Consent Agenda Item 3A needed to have a more public airing
and perhaps be considered as an Item for Individual Consideration.
Ross Chadwick, Fire Chief, stated that the proposal would formalize the mutual aid agreement
that has been in effect for a number of years. It would provide better management for the Super
Bowl event.
Mayor Burroughs felt that this item could remain on the Consent Agenda but asked for a future
discussion on how bomb squad worked, etc.
Council Member Engelbrecht noted that many of the southern cities were not listed.
Chadwick indicated that the jurisdictions listed were the only ones in the metroplex with bomb
squad units.
Mayor Burroughs asked about Consent Agenda Item 3R and the functionality of the Buy Board.
He questioned whether the items were bid and how it functioned for the lowest price.
Karen Smith, Senior Buyer, stated that the Buy Board was competitively bid but for longer
periods such as 3-4 years and included a percentage off the list price.
Mike Ellis, Fleet Manager, stated that like units from various organizations were placed on the
Buy Board, bids were then set and the Buy Board was used to look for the best price. The items
were then purchased off the cooperative board.
Council discussion the mechanics of purchasing from the Buy Board, the method of determining
the percentage off the price, and the checking of prices listed on the Buy Board.
Mayor Burroughs noted that the local preference should be used whenever possible as they
didn’t want to lose that opportunity.
Council Member Mulroy suggested a work session on purchasing procedures.
Council Member Engelbrecht requested a copy of the new investment policy once it was
approved.
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November 3, 2009
Page 2
2. Receive a report, hold a discussion and give staff direction regarding the draft Handbook for
Boards, Commissions, and Council Committees.
Betty Williams, Director of Administrative Services, explained purpose of the manual and the
history of the manual.
Council provided suggestions for changes to various sections of the manual.
Williams indicated that she would make the suggested changes and have the manual on the next
agenda for formal approval.
3. Receive a report, hold a discussion and give staff direction on Redistricting due to the
upcoming census and annexation of additional areas into the City of Denton.
Anita Burgess, City Attorney, stated that the upcoming census would impact the council districts
and possibly require a redrawing of the district lines. Procedures for redistricting were
controlled by federal and state laws which indicated that council districts must have relatively
equal population with no more than a 10% deviation.
Council Member Mulroy questioned how the 10% deviation was calculated.
Burgess replied that it was 10% of the total of population of the heaviest and least populated
districts. The census may not impact Denton but the city should be prepared to look at the
figures. Another issue that might trigger redistricting was the proposed annexations. She
reviewed the legal requirements involving the time frame for a redistricting plan and suggested
that the Council consider hiring a consultant to help the city work through all of the legal issues
involved.
Council discussed the time frame involved in a possible redistricting and various scenarios of
when redistricting might have to be done.
1. Closed Meeting:
Council Member Mulroy motioned, Council Member Engelbrecht seconded that it was
appropriate for Council to go into a Closed Meeting to consider Item A.1. under the Public
Power Utilities exception. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp
"aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member
Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion
carried unanimously.
A. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas
Government Code, Section 551.086; Consultation with Attorneys - Under Texas
Government Code, Section 551.071.
1. Discuss and deliberate the status of pending mediation efforts regarding several
public power issues involved with the Texas Municipal Power Agency litigation
described below and receive a briefing from a City representative. Receive a
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November 3, 2009
Page 3
briefing and status report from the City’s attorneys regarding the litigation entitled
Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN-08-003426, pending
in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex
Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the
261st Judicial District Court in and for Travis County, Texas; and the Texas
Municipal Power Agency, Plaintiff v. City of Bryan, Texas, Defendant, Counter-
Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland,
Texas, Third-Party Defendants, Cause No. 28169, now pending in the 506th Judicial
District Court in and for Grimes County, Texas. Discuss and deliberate and provide
the attorneys with direction. A public discussion of these legal matters would
conflict with the duty of the City’s attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
B. Deliberations regarding Real Property - Under Texas Government Code Section 551.072;
Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Discuss, deliberate and receive information from staff and provide staff with
direction pertaining to the grant of property within the Denton Rail Corridor to the
DART, the limits of said corridor being all that certain lot, tract or parcel of land
described in that certain Quitclaim Deed from Missouri Pacific Railroad Company
to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as
Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and
also being that same property described in that certain Correction Quitclaim Deed,
dated June 1, 2001 and filed for record in the Real Property Records of Denton
County, Texas as Volume 4857, Page 020211 where such deliberation in an open
meeting would have a detrimental effect on the position of the City Council in
negotiations with DCTA. Consultation with the City’s attorneys regarding legal
issues associated with the granting of said property above described where a public
discussion of these legal matters would clearly 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.
1. PLEDGE OF ALLEGIANCE
Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
2.PROCLAMATIONS/PRESENTATIONS
There were no proclamations/presentations for this meeting.
3.CONSENT AGENDA
Ordinance No. 2009-264
A. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing
the City Manager to execute an Interlocal Assistance Agreement between the City of
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November 3, 2009
Page 4
Denton, City of Arlington, City of Dallas, City of Fort Worth, City of Garland, City of
Irving, City of Mesquite, City of Plano, the Northeast Fire Department Association, and the
Dallas/Fort Worth Airport for explosive render safe operations and explosion investigation;
and declaring an effective date.
Ordinance No. 2009-265
B. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement
between the City of Denton and the Central Business District Association of Denton, Texas,
d/b/a Denton Main Street Association for the payment and use of Hotel Tax Revenue; and
providing an effective date. ($24,500) The Hotel Occupancy Tax Committee recommends
approval (2-0).
Ordinance No. 2009-266
C. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement
between the City of Denton and the Denton Air Fair, Inc. for the payment and use of Hotel
Tax Revenue; and providing an effective date. ($10,900) The Hotel Occupancy Tax
Committee recommends approval (2-0).
Ordinance No. 2009-267
D. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement
between the City of Denton and the Denton Chamber of Commerce (Convention and
Visitor Bureau) for the payment and use of Hotel Tax Revenue; and providing an effective
date. ($692,380) The Hotel Occupancy Tax Committee recommends approval (2-0).
Ordinance No. 2009-268
E. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement
between the City of Denton and the Denton Community Theatre, Inc. for the payment and
use of Hotel Tax Revenue; and providing an effective date. ($24,500) The Hotel Occupancy
Tax Committee recommends approval (2-0).
Ordinance No. 2009-269
F. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Agreement between the City of Denton and Denton County for the payment and use of
Hotel Tax Revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House,
African American Museum, Old No. 14 Fire House, Elm Ridge Church, Welcome Center
and Outhouse Museums; and providing an effective date. ($104,420) The Hotel Occupancy
Tax Committee recommends approval (2-0).
Ordinance No. 2009-270
G. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement
between the City of Denton and the Denton Festival Foundation for the payment and use of
Hotel Tax Revenue; and providing an effective date. ($88,200) The Hotel Occupancy Tax
Committee recommends approval (2-0).
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November 3, 2009
Page 5
Ordinance No. 2009-271
H. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement
between the City of Denton and the Denton Holiday Festival Association, Inc. for the
payment and use of Hotel Tax Revenue; and provide an effective date. ($8,135) The Hotel
Occupancy Tax Committee recommends approval (2-0).
Ordinance No. 2009-272
I. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement
between the City of Denton and the Greater Denton Arts Council for the payment and use of
Hotel Tax Revenue to promote tourism and the convention and hotel industry; and
providing an effective date. ($125,440) The Hotel Occupancy Tax Committee recommends
approval (2-0).
Ordinance No. 2009-273
J. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement
between the City of Denton and Denton Dog Days, Inc. for the payment and use of Hotel
Tax Revenue, and providing an effective date. ($15,535) The Hotel Occupancy Tax
Committee recommends approval (2-0).
Ordinance No. 2009-274
K. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement
between the City of Denton and the North Texas State Fair Association for the payment and
use of Hotel Tax Revenue; and providing an effective date. ($78,400) The Hotel Occupancy
Tax Committee recommends approval (2-0).
Ordinance No. 2009-275
L. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement
between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and
use of Hotel Tax Revenue; and providing an effective date. ($53,900) The Hotel Occupancy
Tax Committee recommends approval (2-0).
Ordinance No. 2009-276
M. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement
between the City of Denton and the Denton Black Chamber of Commerce for the payment
and use of Hotel Tax Revenue; and providing an effective date. ($17,650) The Hotel
Occupancy Tax Committee recommends approval (2-0).
Resolution No. R2009-028
N. Consider approval of a resolution reviewing and adopting revisions to the Investment Policy
regarding funds for the City of Denton; and providing an effective date. The Audit/Finance
Committee recommends approval (3-0).
Resolution No. R2009-029
O. Consider approval of a resolution of the City Council of the City of Denton authorizing the
investment of public funds in the Texas Short Term Asset Reserve Program ("TexSTAR"),
a Texas Local Government Investment Pool; Delegating authority to invest funds and act as
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November 3, 2009
Page 6
custodian of investments purchased with local investment funds to TexSTAR; providing for
the investment of public funds consistent with the Public Funds Investment Act and the
City’s Investment Policy; designating authorized representatives; authorizing the Mayor to
execute the participation agreement; and providing for an effective date. (The
Audit/Finance Committee recommends approval (3-0).
Ordinance No. 2009-277
P. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with Utility
Bonds with an aggregate maximum principal amount equal to $6,803,292 to facilitate
Denton Municipal Electric funding of ongoing capital expenditures for expansion of the
distribution and transmission electric facilities.
Resolution No. 2009-030
Q. Consider approval of a resolution allowing the Denton Community Theatre to be the sole
participant allowed to sell alcoholic beverages at the Beaujolais on November 19, 2009,
upon certain conditions; authorizing the City Manager or his designee to execute an
agreement in conformity with this resolution; and providing for an effective date.
Ordinance No. 2009-278
R. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Texas Association of School Boards
(TASB) and Buy Board Cooperative Purchasing Network for the acquisition of eight
vehicles for the City of Denton Utility Fund Departments by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 4460-Interlocal
Agreement for the purchase of Utility Fund Vehicles and Equipment awarded to multiple
vendors as listed on Exhibit A in the amount of $318,475). The Public Utilities Board
recommends approval (7-0).
Ordinance No. 2009-279
S. Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the construction of curb, gutter, and driveway structures and radiuses on
Mulkey Lane; providing for the expenditure of funds therefor; and providing an effective
date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith
Concrete, Inc. in the amount of $209,925.45).
Ordinance No. 2009-280
T. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
disk storage to expand the Compellant Storage Area Network (SAN) available from only
one source in accordance with the provision for State Law exempting such purchases from
requirements of competitive bids; providing for the expenditure of funds therefor; and
providing an effective date (File 4426-Purchase of Disk Storage for Compellant Storage
Area Network awarded to EST Group in the amount of $96,362).
City of Denton City Council Minutes
November 3, 2009
Page 7
Ordinance No. 2009-281
U. Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
approving guidelines for operation of the City of Denton Home Improvement Program and
eligibility criteria; authorizing expenditures in excess of $50,000 for projects meeting
program guidelines and criteria; and providing for an effective date.
Ordinance No. 2009-282
V. Consider adoption of an ordinance of the City of Denton, Texas amending Section 15-36 of
the Code of Ordinances of the City of Denton, clarifying provisions relating to the
enforcement of Fair Housing complaints, providing for severability and an effective date.
Ordinance No. 2009-283
W. Consider adoption of an ordinance approving an Interlocal Participation Agreement
between the City of Denton and Public Employee Benefits Alliance for the provision of
employee benefits; and declaring an effective date.
Ordinance No. 2009-284
X. Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
changing Railroad Avenue to a one-way street heading south between McKinney Street/FM
426 and Hickory Street; providing for thirty-degree angle parking on the east and parallel
parking on the west side of Railroad and providing a savings clause, providing a
severability clause, providing a penalty not to exceed five hundred dollars; and declaring an
effective date. The Mobility Committee recommends approval (3-0).
Ordinance No. 2009-285
Y. Consider adoption of an ordinance authorizing the City Manager to execute a First
Amendment to Professional Services Agreement for engineering development review
services by and between the City of Denton, Texas and Freese and Nichols, Inc.; providing
for the expenditure of funds therefor; and providing an effective date ($100,000 further
professional engineering services; totaling $387,518 of professional engineering services).
Ordinance No. 2009-286
Z. Consider the adoption of an ordinance of the City of Denton, Texas, extending the term of a
right of entry and possession, dated March 3, 2009, as extended on May 5, 2009, as
extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009,
as extended on September 15, 2009, and as extended and expanded on September 22, 2009
(as amended and extended, the "Right of Entry") in favor of the Denton County
Transportation Authority (DCTA) and authorizing DCTA to enter upon and take possession
of certain real property of the City of Denton for the purpose of performing activity as
described in the Right of Entry; and providing and effective date.
Mayor Burroughs stated that Speaker Cards were submitted for the Consent Agenda items.
Bob Clifton spoke in opposition to Item B-M, Item R and Items X and Z.
Robert Donnelly spoke in opposition to Item Z.
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November 3, 2009
Page 8
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Watts
"aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
4.ITEMS FOR INDIVIDUAL CONSIDERATION
A. Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving an
interlocal cooperation agreement and granting an easement to the DCTA on the Denton
Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an
effective date. The Mobility Committee recommends approval (3-0). (Tabled from March
3, 2009)
This item remained on the table.
B. Consider approval of a resolution nominating members to the Appraisal Review Board of
the Denton Central Appraisal District; and declaring an effective date.
Bryan Langley, Director of Finance, stated that nominations to this Board were provided by the
taxing jurisdictions and appointed by the Denton Central Appraisal District Board of Directors
by a majority vote. There were eight members whose terms would expire in December 2009.
These members were eligible for re-appointment and had expressed a willingness to serve
another term.
The following resolution was considered:
NO. R2009-31
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW
BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE.
Council Member Watts motioned, Council Member Heggins seconded to nominate the eight
members whose terms would be expiring in December 2009. On roll call vote, Council Member
Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
The procedures for addressing the Council were reviewed.
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November 3, 2009
Page 9
2. Receive citizen reports from the following:
a. Karl Klement regarding the impact of the day labor site on his laundry business.
Mr. Klement stated that he had three laundry stores in Denton. The site across from the day labor
site was suffering in business with a noticeable decline starting about 5-6 months ago. He felt
this was due to the day laborers in the location. He had an instance where he pulled into the
parking lot of his business and men jump into the back of his truck and tried to open doors of his
vehicle. In the past this had only been a minor problem with the police department helping with
any problems. He knew the day labor site was there when he built the store but there had not
been many problems until recently. In the mornings he had 100-150 people on his property. He
had been working with the police department and for a while, the problem was under control.
However, now it was getting out of hand. He asked the city to help mitigate the problem. He
felt his customers were gone due to the activities of the people on the site and the city should
either move the site or control it.
Mayor Burroughs asked if Mr. Klement had signage indicating no trespassing as a notice to keep
people off the property.
Mr. Klement stated that he would do whatever necessary to control the situation and asked
Council for help.
Council Member Heggins asked about the police department patrolling the area and if it helped
with the problems.
Mr. Klement felt that if the police department was there full time it would still take six months
for this business to come back.
Mayor Burroughs asked if Mr. Klement thought of planting some type of bushes to keep people
out of the direct area.
Klement stated he would do anything Council felt that would help.
D. 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
Council Member Mulroy requested the City Manager to follow up on Mr. Klement’s citizen
report with a memo from the Chief of Police assessing the situation and recommendations from
the Assistant City Manager on going forward with what remedies could be done.
Council Member Watts requested a follow-up on the information Mr. Donnelly provided
regarding the detention pond.
Mayor Burroughs asked staff to research possibilities for a downtown grant to help Mr. Klement
with his property such as money to help plant bushes, etc.
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November 3, 2009
Page 10
Council Member Watts asked for a report on the election for sales tax for DCTA and the amount
of payments made.
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
There was no continuation of Closed Meeting.
F. 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 Meeting items.
With no further business, the meeting was adjourned at 7:23 p.m.
________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS