October 20, 2009 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
October 20, 2009
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, October 20, 2009 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, and Council Member Mulroy.
ABSENT: Council Member Heggins and Council Member Watts.
1. Requests for clarification of agenda items listed on the agenda for October 20, 2009.
Council Member Gregory stated that consent item 3B was a purchase order through the H-GAC
and Buy Board Cooperative Purchasing Network. He asked whether the dealers in the Denton
area were given the opportunity to bid on these.
Karen Smith, Senior Buyer, stated that Denton dealers were given the opportunity to bid but
there was not a great response from the local dealers.
Council Member Mulroy had a question about consent item 3D. He stated it was a professional
services agreement for hydrogeological consulting and analytical services, which was
appropriate for a professional services agreement. He stated that paragraph 4 expanded the
scope to install five gas extraction wells for the generation project. The expanded scope did not
seem to be consulting or analytical services and Mulroy questioned whether the gas well drilling
was really part of the professional services agreement. He stated that he could not vote with the
language presented. He requested that the item be pulled from consent and be brought back at
another Council meeting.
Mayor Burroughs had a question about consent item 3E – electrical energy transmission fees.
He wanted to know what it was actually paying for.
Phil Williams, General Manager of Electric, explained that the transmission charges were
divided over all load-serving entities (ERCOT) and this was the City’s share of the costs and was
paid directly to the entities that provided the transmission service.
2. Receive a report, hold a discussion and give staff direction on the City of Denton’s property
tax exemption for designated historic sites.
Bryan Langley, Director Finance, stated that at the September 15th council meeting, the Council
discussed the partial tax exemption for designated historic sites and directed staff to review the
proposals with the Historic Landmark Commission for consideration. The Council also directed
staff to consult with the HLC regarding an appropriate minimum investment amount.
The HLC recommended the following: 1) Open designation period. 2) Exemption of 50% of
assessed value for a period of 10 years for all properties – (a) newly designated properties must
City of Denton City Council Minutes
October 20, 2009
Page 2
demonstrate a minimum investment of $10,000 for two years prior to designation as a historic
site in order to qualify for the exemptions. (b) Previously designated properties must
demonstrate additional minimum investments of $10,000 before being granted additional 10 year
exemptions. 3) The Commission would define qualifying minimum investments, which must be
for permanent improvements or restoration projects.
General consensus of the Council was to proceed with the HLC’s recommendation.
Council went into Closed Meeting at 4:31 p.m.
:
1. Closed Meeting
Council Member Mulroy motioned, Council Member Engelbrecht seconded that it was
appropriate for Council to meet in Closed Session under the Public Power Competitive
Exception. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council
Member Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy
"aye". Motion carried unanimously.
A. Deliberations regarding Real Property -Under Texas Government Code Section 551.072
and; Consultation with the City’s Attorneys - Under Texas Government Code Section
551.071.
1. Discuss, deliberate, consider, receive information from Staff, and provide Staff with
direction pertaining to the possible valuation issues respecting the possible sale and disposal
of real property tracts within the Hiram Sisco Survey, Abstract No. 1184, City of Denton,
Denton County, Texas, and receipt of legal advice for legal issues related thereto. (Facilities
Management)
B. 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 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. c 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.
City of Denton City Council Minutes
October 20, 2009
Page 3
C. 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 ith 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.
D. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Consult with the City’s attorneys to discuss status and possible settlement of pending
litigation styled City of Denton v. Reichmann Petroleum Corporation, Case No. 06-20804,
currently pending in the United States Bankruptcy Court, Southern District of Texas,
Corpus Christi Division.
Regular meeting of the Denton City Council on October 20, 2009 in the City Council Chambers.
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
Council Member Mulroy motioned, Mayor Pro Temp Kamp seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with a correction to the October 5 minutes
and removing Item D from the Consent Agenda. On roll call vote, Mayor Burroughs "aye",
Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory
"aye", and Council Member Mulroy "aye". Motion carried unanimously.
City of Denton City Council Minutes
October 20, 2009
Page 4
Ordinance No. 2009-258
A. Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the purchase of RCP Pipe and Concrete Box Culverts for various City
departments; providing for the expenditure of funds therefor; and providing an effective
date (Bid 4384-Annual Contract for RCP Pipe and Concrete Box Culverts awarded to the
lowest responsible bidder meeting specification for each section in the annual estimated
amount of $125,000). The Public Utilities Board recommends approval (4-0).
Ordinance No. 2009-259
B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Houston-Galveston Area Council (H-
GAC) and Buy Board Cooperative Purchasing Network, for the acquisition of twelve
vehicle and equipment items for the City of Denton General Fund Departments by way of
an Interlocal Agreement with the City of Denton; and providing an effective date (File
4422-Interlocal Agreement for the purchase of General Fund Vehicles and Equipment
awarded to multiple vendors as listed on Exhibit A in the amount of $628,651).
Ordinance No. 2009-260
C. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Houston-Galveston Area Council (H-
GAC) and Buy Board Cooperative Purchasing Network for the acquisition of ten vehicle
and equipment items 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 4423-
Interlocal Agreement for the purchase of Utility Fund Vehicles and Equipment awarded to
multiple vendors as listed on Exhibit A in the amount of $366,628). The Public Utilities
Board recommends approval (4-0).
This item was not considered.
D. Consider adoption of an ordinance authorizing the City Manager to execute a Professional
Services Agreement with Solutient Geosciences, Inc. for performing Professional
Hydrogeological Consulting and Analytical Services regarding the City of Denton, Texas
Municipal Landfill (MSW Permit No. 1590-A); authorizing the expenditure of funds
therefor; providing for retroactive ratification and approval thereof; and providing an
effective date (File 4416 in an amount not to exceed $161,681.90). The Public Utilities
Board recommends approval (4-0).
Ordinance No. 2009-261
E. Consider adoption of 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 4424-2009 Electrical Energy Transmission fees in the total
amount of $1,283,904.97). The Public Utilities Board recommends approval (4-0).
City of Denton City Council Minutes
October 20, 2009
Page 5
Approved the minutes.
F. Consider approval of the minutes of: September 22, 2009 October 5, 2009 October 6, 2009-
Leadership Team
Ordinance No. 2009-262
G. Consider adoption of an ordinance approving a Notice of Site Restriction upon a 13.12 acre
tract located within a portion of Lot 2, Block 2, Municipal Utility Addition, an addition to
the City of Denton, recorded as a plat under Document Number 2009-139, Real Property
Records, Denton County, Texas; and providing an effective date. (Denton Municipal
Electric - Spencer Road Site)
Approved the Parks, Recreation and Beautification Board's recommendation.
H. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to
accept the public art donation by the Denton Festival Foundation, Inc. of two bronze
sculptures titled Oh, Be Joyful. The Parks, Recreation and Beautification Board
recommends approval (4-0).
Approved the Parks, Recreation and Beautification Board's recommendation.
I. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to
accept the donation of two black and white photographs from Burt and Missy Finger,
owners of the Photographs Do Not Bend Gallery. The Parks, Recreation and Beautification
Board recommends approval (4-0).
Approved the Parks, Recreation and Beautification Board's recommendation.
J. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to
accept Ms. Millie Giles’ donation of two watercolor paintings by Rob Erdle. The Parks,
Recreation and Beautification Board recommends approval (4-0).
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.
Ordinance No. 2009-263
B. Consider 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 CAPFinancial
Properties CV1, LLC a Delaware Limited Liability Company, and any other documents and
conveyances that are necessary to acquire an approximate 15.85 acre tract of real property
City of Denton City Council Minutes
October 20, 2009
Page 6
in the T.M. Downing Survey, Abstract Number 346, Denton County, Texas, being located
approximately 1,700 feet north of McKinney Street on the east side of Audra Lane, and
being the lands conveyed to CAPFinancial Properties CV1, LLC, by deed recorded in
County Clerk’s File Number 2009-13562, Real Property Records, Denton County, Texas;
authorizing the expenditure of funds therefor; and providing an effective date. (Municipal
Purposes)
Emerson Vorel, Director of Parks and Recreation, stated that the City had the opportunity to
purchase this property at a good price and some of the funding would come out of park gas well
funds. He stated this property was adjacent to Mack Park, and it would be used to further
enhance City programs and services.
Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to approve the ordinance.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy "aye". Motion
carried unanimously.
C. Consider the appointment of a voting and alternate voting delegate to the National League
of Cities Annual Business Meeting.
Council Member Mulroy motioned, Council Member Gregory seconded to appoint Mayor
Burroughs voting delegate and Council Member Heggins alternate voting delegate. On roll call
vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye",
Council Member Gregory "aye", and Council Member Mulroy "aye". Motion carried
unanimously.
D. Consider nominations/appointments to:
1. Historic Landmark Commission
Mayor Pro Tem Kamp nominated Murray Ricks to an All position on the Historic Landmark
Commission. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council
Member Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy
"aye". Motion carried unanimously.
E. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
a. Christine Elling regarding the condition of Buena Vista Street.
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October 20, 2009
Page 7
Ms. Elling briefed the City Council on the condition of Buena Vista Street and the need for
repairs and asked the City Council to see if they could do something about it.
b. Sara Marotto with the Oaks of Montecito regarding their easement, flooding, drainage, dead
trees and investment properties.
Ms. Marotto stated she would have to re-schedule her report.
c. Richard Gonzalez regarding permit prices of advertisement signs and banners.
Mr. Gonzalez was not present at the meeting.
d. Sarah Richey regarding the bicycle/pedestrian lane on Pennsylvania Drive.
Ms. Richey stated that she would like the City to look into installing a bicycle/pedestrian lane on
Pennsylvania Drive.
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 AND
Council Member Mulroy requested the City Manager follow-up on the first citizen report and
look into what the City could do to expedite the repairs.
Mayor Burroughs requested the City Manager follow-up on the first citizen report and look into
who built the street and if the specifications were met.
Mayor Pro Tem Kamp requested that the City Manager follow-up on the bicycle/pedestrian lane
on Pennsylvania Drive.
Mayor Pro Tem Kamp stated that new council members might benefit from a visit to a transit-
oriented development that’s already been established.
Council Member Engelbrecht stated that some time ago he had requested a definition of a
sidewalk and a hike/bike trail. He wanted to add to that request a definition for a
bicycle/pedestrian lane.
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
There was no continuation of the Closed Meeting.
H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
Open Meetings Act.
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October 20, 2009
Page 8
There was no official action taken on Closed Meeting items.
With no further business, the meeting was adjourned at 6:54 p.m.
________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
________________________________
JANE RICHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS