September 1, 2009 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 1, 2009
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 1, 2009 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs; Council Member Heggins, Council Member Mulroy, Council
Member Watts, and Council Member Engelbrecht.
ABSENT: Mayor Pro Tem Kamp and Council Member Gregory.
1. Requests for clarification of agenda items listed on the agenda for September 1, 2009.
City Attorney Burgess stated that the ordinance for Consent Agenda K dealing with DART had
an incorrect date. Council had been provided a revised ordinance for consideration.
Mayor Burroughs noted that the guidelines for Consent Agenda Item I which was presented a
few months ago, now was being revised to allow for heavier equipment. He asked if the City
was obligated to do this and/or was there an additional protection for the integrity of the streets
due to the heavier equipment.
Jim Coulter, General Manager-Water/Wastewater, stated that staff had used the Fort Worth
ordinance to draft the Denton ordinance. Smaller equipment was provided for in the original
ordinance. This revision would allow for larger equipment but would not damage the streets.
2. Receive a report, hold a discussion and give staff direction regarding new procurement
procedures for purchase of goods and services used for electric production, transmission,
distribution and station systems.
Karen Smith, Senior Buyer, stated that Senate Bill 7 allowed municipal owned electric utilities to
adopt specialized procurement procedures. The statute allowed a utility an exemption from
Chapter 252 of the Local Government Code which governed purchasing procedures for
municipal governments. Staff had polled other cities on their procedures and presented a draft
policy to the Audit/Finance Committee in May. The general policy would be used on electric
production, transmission, distribution and stations systems only. Basically from the power plant
to the meter only. Any other purchases would follow normal procedures. Procedures for sealed
bids, advertising, change orders, project expenditure approval and critical business need were
detailed.
Council Member Watts questioned if the advertising period could be waived under this
recommendation.
Smith replied that it could be done if necessary. Currently there were no exceptions granted to
expedite the advertising process. The recommendation was that the Purchasing Agent could
shorten the advertising period or use alternate means if justified.
Council Member Engelbrecht asked about critical business need category details.
Smith stated that staff had created a form to help track those purchases.
They included emergency situations for public health, unforeseen damage to equipment,
City of Denton City Council Minutes
September 1, 2009
Page 2
sole source purchases, etc. These were signed by the City Manager with notification to the
Mayor or Chair of the Public Utilities Board.
Mayor Burroughs felt that #3 on the Critical Business Need Justification form was written very
broadly and that personal services could be for most anything.
Council Member Mulroy stated that this provision was a backstop item in emergency situations
such as an explosion at a transformer station which would result in the need to hire someone for
those services. In that type of a situation, staff would not have time to go through normal
procedures.
Mayor Burroughs asked about trigger situations for this item.
Smith stated that currently this was an exception in the Local Government Code and
mirrored current legislation. Any exemption would have to be reviewed by the Mayor and
Public Utilities Board Chair.
Council Member Watts asked what was the standard for this provision to apply.
Smith indicated that it would be an emergency situation but not in a situation such as a sole
source provider.
Council Member Watts indicated that the process provided for notification of the Mayor
and Public Utilities Board Chair. He asked if they would have approval or rejection of the item
or just notification.
City Manager Campbell stated that the request went first to the General Manager of DME, was
reviewed by the Purchasing Agent, and then to him for signature. The process included the
notification of the Mayor and PUB Chair.
Council Member Mulroy stated that the signatures of the PUB Chair and Mayor were for
transparency. It indicated that they knew about the transactions as they were occurring. The
purchases would be reported retroactively to the Public Utilities Board and retroactively accepted
by Council.
Smith stated that if a situation was not addressed in this policy, the procedure would revert back
to Chapter 252 which was what the City operated under.
Council Member Mulroy felt that this was the right direction to follow as it was approved by
legislation several years ago. He asked for a follow up report in 12 months to review how the
process was going.
Consensus of the Council was to proceed with the policy as recommended by staff.
City of Denton City Council Minutes
September 1, 2009
Page 3
3. 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 of Finance, presented the background of historic site exemptions.
The original 10 year tax exemption was approved in 1987. The tax exemption was the equivalent
to 50% of the assessed value and only applied to City of Denton taxes. In 1998 the tax
exemption was increased from 10 years to 15 years. The change also extended the qualification
period from 1998 to 2008, began the tax year after the date of designation, was applicable for
consecutive years, and expired on the tax year after the 15th year. The financial impact of this
exemption was approximately $23,185 per year. The Historic Landmark Commission
recommended extending the designation period for exemptions for 15 years beyond 2008 to
2023. Their recommendation also included keeping the exemption period at 15 years, new
properties would receive a 15 year exemption beginning with the year after their date of
designation, properties with a current exemption would get an additional 15 year exemption
when the current exemption expired, properties no longer eligible for an exemption under the
current ordinance would get a new 15 year exemption the year after the effective date of a new
ordinance. The exemption would remain at 50% of the assessed value.
The staff was recommending the following: (1) per the 1988 ordinance, no new properties would
be identified for exemption after 2008, (2) properties which had previously received an
exemption would no longer be eligible for additional exemptions, (3) exemptions would continue
for properties that had not been exempt for 15 years, and (4) exemptions would be removed from
properties no longer eligible.
Council Member Mulroy questioned the rationale of the 1998 ordinance limiting the exemption
for just 10 years.
Linda Ratliff, Director of Economic Development, stated that at that time, the then City
Attorney was looking at tax abatements which were for a 10 year period and related those two
together.
Council Member Mulroy asked if there was a cut off after 10 years or just refresh the exemption
after 10 years.
Ratliff replied that with the original ordinance, it was not known if the offer was for a 10 year
exemption and then renew to 15 years and allow those in the process of an exemption to get an
additional 15 years. Some of the properties have had a 20 year exemption. A Council decision
was needed on whether this would be an ongoing exemption for historical properties or limit the
years for the exemption.
Mayor Burroughs felt there was a continuing need to encourage people to invest in these types of
properties. However, he felt making a permanent exemption was not the original intent. It was a
personal tax abatement for several years in order to get the property in shape. A permanent
exemption would be like a permanent abatement. He wanted to encourage restoration of the
properties but not make the exemption permanent and not extend beyond 15 years. He
suggested removing the limitation on the identification of new properties.
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September 1, 2009
Page 4
Council Member Mulroy stated that the historic designation for upkeep would be more
expensive than other homes and he would be in favor of continuing the exemption.
Council Member Engelbrecht felt that there were two pieces to this issue – one to preserve the
property and one to maintain the property. He questioned if there was a need for the same tax
rate to do those two pieces and might maintaining justify a lower tax rate than the tax rate to
preserve.
Council Member Mulroy asked about the time element for passage.
Langley stated that it needed to be done in an October time frame.
Consensus of the Council was that they were in favor to allow additional properties to be
identified without any sunset provision.
Mayor Burroughs requested staff prepare options for Council to consider including (1) no
additional exemption, (2) one additional 15 year exemption, and (3) a 15 year primary exemption
period and thereafter a 25% reduction for continuing to maintain.
Council Member Engelbrecht suggested looking at what other cities were doing and if any had
a maintenance period.
Council Member Watts requested attaching some values to the options.
4. Receive a report, hold a discussion, and give staff direction regarding the priority ranking of
nineteen (19) proposed annexation areas associated with the City of Denton Growth
Management Strategies Plan. This plan identifies areas within the City’s extraterritorial
jurisdiction (ETJ) that are considered potential annexation areas.
Mark Cunningham, Director of Planning and Development, provided Council with background
information, planning rationale, and potential annexation sites.
Background Information- In 1999 when the City adopted the Denton Plan, the City’s land area
was 39,695 acres. To accommodate future population and development growth, the Denton Plan
anticipated the annexation of 27,100 acres within the City’s ETJ. The anticipated 27,000
additional acres was based on population projections and an average density of 2,250 persons per
square mile. Element Two of the City’s Growth Management Strategies within the Denton Plan
stated that the City should adopt an aggressive annexation policy in order to manage the density
and quality of growth within the current ETJ and maintain the city’s existing certificate of
convenience and necessity. The City’s annexation policy plan adopted in June 1993 stated that
annexation was considered when a property was located within a designated urbanizing area;
was expected to accommodate urban growth in the next 20 years and if the annexation was
contiguous to existing city limits, city roads and rights-of-way.
Annexation Goals - goals included protecting the North Interstate 35 corridor, protecting the
future West Loop 288 corridor, managing growth in the City’s CCN, managing land uses,
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September 1, 2009
Page 5
creating a logical and contiguous city boundary and providing future growth areas as
recommended in the Denton Plan.
Factors in determining potential areas for annexation - factors included physical features (creeks,
railroads, roadways), property configuration boundaries, extent of recent development activity
and limited number of gas wells.
Potential annexation areas - Freese and Nichols studied over 48,000 acres and had identified 22
potential annexation areas. Five of the potential areas were located in the northwestern quadrant
of the City, seventeen were unincorporated pockets (donut holes) that were located within the
current city limits with three of the donut holes were encumbered with a 30-year restrictive
annexation covenant that would expire in 2031.
Cunningham reviewed recent voluntary annexations, master planned communities, northwestern
potential annexations, donut holes, and donut holes with restrictive covenants.
Priority ranking - At the council meeting of March 10, 2009 Council directed staff to develop a
prioritization rankings for 19 potential annexation areas for a future presentation to Council. The
three donut holes with restrictive covenants were not included in the potential annexation areas.
Ranking criteria included cost to provide service, corridor protection, growth management, and
the creation of a logical and continuous boundary. Each of the criteria was assigned a score of 0-
5 and then each potential annexation area was ranked by total score. The highest ranking areas
included PAA2S, PAA3, PAA4, and donut holes 1, 2, 3, 5, and 7. The total acreage of
recommended annexation area came to 10,799.68 acres.
Council Member Mulroy stated that Area APPA1 was adjacent to the Airport and he felt that
the area was ready for development. He asked staff to relook at that area for annexation. He felt
it would be better to annex the area before development started rather than after development.
Mayor Burroughs asked if the concept of not annexing the three areas with restrictive covenants
had been effective and if any of the other donut holes had been looked at to see if they might
qualify under the concept of family farms that have not been traded in anticipation of
development.
Cunningham stated that some of the donuts holes had maintained their rural character while
some were very developed. Some along Corbin Road had large metal buildings on them and
some had mobile home parks on them. There was a range between the rural and the very
developed areas.
Mayor Burroughs asked to have that aspect examined with the 14 donut holes to see which ones
were truly family farms and maintained a rural aspect. If the areas were truly rural, it might be
better to take those out and then discuss as a policy issue. He asked if the restrictive covenant
agreements had worked.
Cunningham replied yes. The three agreements with restrictive covenants indicated that the City
would not involuntarily annex those areas or if they came in with a final plat they would
be voluntarily annexed.
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September 1, 2009
Page 6
Council Member Watts stated that there were areas outside the city that were receiving city
sewer and water such as areas on Corbin Road and Masch Branch Road. He suggested looking
at those instances first - areas outside the city codes but still had the convenience of city services.
Cunningham stated that a development outside the city limits was not required to plat.
Council Member Mulroy felt it might be helpful to look at what had happened in the donut holes
as far as city services such as police and fire. He suggested a snap shot of the reality of what
services were being provided. He felt that the city was probably providing more services than
what was shown.
Chuck Russell, Planning Supervisor, stated that developments in the City’s Division One ETJ
were required to plat.
Cunningham stated that state regulations limited the maximum amount of annexations done each
year. A municipality could not annex more than 30% of the incorporated area as of January 1 of
the current year. The City’s incorporated area on January 1, 2009 was 56.391 acres. The City
could involuntary annex 16,917 acres; however, staff was recommending areas totaling 10,699
areas.
Annexation Plan - an annexation plan was not required if an area proposed for annexation
contained fewer than 100 separate tracts of land on which one or more residential dwelling were
located on each tract. Donut holes 7, 9, and 12 had more than 100 separate tracts of land on
which one or more residential dwellings were located on each tract and might require annexation
plans.
Mayor Burroughs asked if the annexation plan would include how to extend city services.
Cunningham replied correct that it was a three year plan.
City Manager Campbell stated that at the end of the three years, the property would have to be
annexed or the City would lose the opportunity to annex. The City would be required to work
with the property owners in an area to determine when to annex and what the service plan would
be. This process had to be done if there were more than 100 units in the proposed annexation
area with residents.
Agricultural Use - The City could not annex areas appraised for agricultural, wildlife
management, or as timber land uses unless a development agreement was offered. The
agreement must guarantee the continuation of ETJ status, enforcement of regulations and
planning authority could not interfere with the agricultural, wildlife management or timberland
use or if the landowner declined to make the agreement. These conditions would be void if the
landowner filed any type of subdivision plat or related development document for the area. All
five potential annexation areas in the northwestern quadrant contained some form of agricultural
use and would be subject to these requirements.
Staff recommended that all the donut holes except for 15, 16 and 17, and areas PAA2S, PAA3
and PAA4 be annexed plus a relook at PAA1. Development agreements and annexation plans
would be required for all areas with agricultural activities and all areas containing greater than
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September 1, 2009
Page 7
100 separate tracts of land on which one or more residential dwellings were located on each
tract.
Council Member Watts asked if any of the three donut holes with covenants received city
services.
Howard Martin, Assistant City Manager, stated that one area was provided wastewater services.
The Hickory Creek Mobile Home Park received both water and sewer services.
Council Member Engelbrecht asked if the City would take over the streets such as in the mobile
home park.
Cunningham replied that if the roads were private, the City would not maintain them. However,
if the city annexed the property and the roads became public, they would have to maintain them.
City Manager Campbell stated that for example, if the street was currently a county road and
open to the public and not a private road in the interior of the mobile home park, the City would
assume maintenance once annexed. If the road was interior only to the mobile home park and no
one maintained it except for the mobile home park the city would not assume maintenance.
Cunningham stated that staff would relook at PAA1 and relook at the donut holes to see if they
were still rural in nature. He asked if there were any areas that the Council would not
recommend looking at to be annexed.
Mayor Burroughs stated that he did not have any areas not to annex other than the potential
donut holes if it was demonstrated that they were still rural, family owned, or agricultural
properties. He questioned if it would be beneficial to annex Area 12 and if there was any
pressure for this area to become more urbanized.
Cunningham stated that the area was not going to get any better looking. It would not be any
less expensive than to wait any longer to annex.
Mayor Burroughs felt that there needed to be a reason for the annexation and questioned what
would be accomplished with an annexation. In this case was the city trying to clean up the area
or to prevent something from happening.
Cunningham stated that there was a major corridor running through this area which would need
to be protected.
Council Member Engelbrecht asked if there would be problems if one area was left out over
another area.
City Manager Campbell stated that Area 12 would be included in a three year plan. There was a
level of development deterioration that the City would be able to prevent and development to
control if it happened. It would not get any easier over the years.
Mayor Burroughs questioned if property would be blocked from annexation for five years
if services could not be provided within the three year time frame.
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September 1, 2009
Page 8
City Manager Campbell stated that if the city went through a three year annexation plan, the plan
for delivery of service would be defined. He stated that staff had prepared a schedule of
annexations, had information on three year plans and would come back on September 15th with
a plan with notifications to begin shortly thereafter.
1. Closed Meeting:
The Council convened in Closed Session at 4:45 p.m.
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 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.
City of Denton City Council Minutes
September 1, 2009
Page 9
C. Consultation with Attorneys - Under Texas Government Code Section 551.071
1. Consultation with the City’s Attorneys, and receipt of legal advice, regarding potential
bargaining issues to be raised by management team representatives during Meet and Confer
negotiations with the Denton Police Officers Association and Denton Fire Fighters
Association. Public discussion would conflict with the duties of the City’s attorneys to
maintain confidential communications with the City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas.
2. Discuss legal issues relating to terms of leases at Denton Municipal Airport, and including
matters in which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with
the chapter.
3. Receive a legal briefing from the City’s attorneys and discuss legal issues regarding the
request for a Specific Use Permit to allow for gas well drilling and production on property
located within Town Center of the Rayzor Ranch Overlay District with a base zoning of
Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site located on
the west side of Bonnie Brae Street, north of Scripture Street.
4. Discuss legal issues relating to Charter amendments, propositions, and elections, including
matters in which public discussion would conflict with the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas.
D. Deliberations regarding consultation with the City Attorney - Under Texas Government
Code Section 551.071, Deliberations regarding Economic Development Negotiations -
Under Texas Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters in which the duty
of the attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open
Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion
regarding the construction of needed infrastructure in the industrially zoned area along
Airport Road, west of Interstate 35 in support of Project Teacup.
1.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2.CONSENT AGENDA
Council Member Mulroy motioned, Council Member Heggins seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items A, J, and K.
City of Denton City Council Minutes
September 1, 2009
Page 10
On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member
Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion
carried unanimously.
Item A was considered.
A. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to
select artist Rosie Sandifer’s sculptures Book a Day as the most recent public art for the
City of Denton. The total cost of the two sculptures is $14,800.00 and will be paid from the
2009 Hotel/Motel Occupancy Tax (HOT) funds. The Parks, Recreation and Beautification
Board recommends approval (4-0).
The following individuals submitted Speaker Cards for Item A:
Andrew Teeter, 1108 Panhandle, Denton, 76201 (spoke on gas wells)
Stewart Minor, 907 Avenue A, Denton, 76201 (spoke on gas wells)
Charles Grant, 1710 Sam Bass Blvd., Denton, 76201 (spoke on gas wells)
Davlin Kerekes, 536 Alegre Vista, Denton, 76205 (spoke on gas wells)
Elizabeth Clinton, 1203 Avenue A, Denton, 76201 (spoke on gas wells)
Will Wooten, 980 Ranch Road, Denton, 76209 (spoke on gas wells)
Council Member Mulroy motioned, Council Member Watts seconded to approve Item A. On
roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member
Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion
carried unanimously.
B. Approved the Parks, Recreation and Beautification Board’s recommendation to select one
of artist Carlotta Corpron’s black and white Flowing Light Images as public art for the City
of Denton at a cost of $3,500.00, which will be paid from the 2009 Hotel/Motel Occupancy
Tax (HOT) funds. The Parks, Recreation and Beautification Board recommended approval
(4-0).
C. Approved the Parks, Recreation and Beautification Board’s recommendation to select artist
Rob Erdle’s Summer Haze watercolor painting as public art for the City of Denton. The
cost of the painting is $9,500.00 and will be paid from the 2009 Hotel/Motel Occupancy
Tax (HOT) funds. The Parks, Recreation and Beautification Board recommends approval
(4-0).
Ordinance No. 2009-189
D. Consider adoption of an ordinance finding a public purpose and establishing procurement
procedures for purchases by Denton Municipal Electric (DME) for electric production,
transmission, distribution and station systems in accordance with Texas Local Government
Code 252.002c; providing a severability clause and providing an effective date.
Ordinance No. 2009-190
E. Consider adoption of an ordinance authorizing the City Manager to execute a professional
services agreement (PSA) with Jacobs Engineering Group, Inc., for park design and
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September 1, 2009
Page 11
planning services for the adult soccer area at North Lakes Park; authorizing the expenditure
of funds therefor; and providing an effective date (File 4360-Professional Services
Agreement for Park Design Services For Adult Soccer Area at North Lakes Park awarded
to Jacobs Engineering Group, Inc., in an amount not to exceed $130,320).
Ordinance No. 2009-191
F. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of an Automatic Tarping Unit from
Tarpomatic, Inc., which is available from only one source in accordance with the pertinent
provisions of Chapter 252 of the Texas local government code exempting such purchases
from the requirements of competitive bidding; and providing an effective date (File 4361-
Purchase of Automatic Tarping Unit for the City of Denton Landfill in the amount of
$97,537). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2009-192
G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager or his designee to execute a real estate Contract Of Sale between the City of
Denton and M. Tony Wilkerson, and any other documents necessary to acquire an
approximate 3.0 acre tract of land located in the Gideon Walker Survey, Abstract Number
1330, Denton County Texas, and being two parcels of land conveyed to M. Tony
Wilkerson, by Deed recorded under County Clerk’s file number 03-87943, Real Property
Records, Denton County, Texas; authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommends approval (6-0).
(Property for buffer at landfill.)
Ordinance No. 2009-193
H. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City
Manager or his designee to execute an Easement Sales and Escrow Agreement between the
City of Denton and the Texas Department of Aging and Disability Services acting on behalf
of Denton State Supported Living Center, and the Brown Law Firm, L.L.P., and any other
documents necessary to acquire an approximate 1.741 acre sanitary sewer easement tract
located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 950, Denton County Texas,
and being part of that certain tract of land conveyed to the State of Texas, by Deed
Recorded in Volume 435, Page 12, of the Real Property Records, Denton County, Texas;
authorizing the expenditure of funds therefor; and providing an effective date. The Public
Utilities Board recommends approval (6-0).
Ordinance No. 2009-194
I. Consider adoption of an ordinance of the City of Denton, Texas, amending the form
Geophysical Survey License for geophysical testing and surveying purposes within
municipal streets and municipal lands, as approved by the City of Denton, Texas pursuant to
Ordinance No. 2009-147; and providing an effective date.
Item J was considered.
J. Consider approval of a resolution authorizing the City of Denton, as trustee, to sell certain
real property at 1180 Cottonwood Lane, consenting to the sale of certain real property to the
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September 1, 2009
Page 12
highest bidder as provided by law, authorizing the Mayor of the City of Denton, Texas, to
execute a deed without warranty and any other documents necessary or appropriate to
convey certain real property sold by the City of Denton, as trustee, pursuant to section 34.05
of the Texas Property Tax Code; and providing an effective date.
Mayor Burroughs left the meeting with a conflict of interest.
Council Member Watts motioned, Council Member Engelbrecht seconded to appoint Council
Member Mulroy as temporary chair. On roll call vote, Council Member Engelbrecht "aye",
Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts
"aye". Motion carried unanimously.
Council Member Watts motioned, Council Member Heggins seconded to approve Item J. On roll
call vote, Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member
Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
Mayor Burroughs returned to the meeting.
Item K was considered.
Ordinance No. 2009-195
K. Consider adoption of an ordinance of the City of Denton, Texas, authorizing and directing
the City Manager to execute an amendment to expand the scope of activities and extend the
term of a right of entry and possession, dated March 3, 2009, extended on May 5, 2009 and
subsequently extended on June 23, 2009, in favor of the Denton County Transportation
Authority (DCTA) 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
Attachment "A" hereto; and providing an effective date.
Council Member Watts motioned, Council Member Heggins seconded to approve Item K with
an amendment to extend the agreement through September 15, 2009.
Council Member Mulroy stated that the City Attorney would develop and sign off on some deal
points for the right-of-way and insurance and hopefully would have in place by September 15th.
Robert Donnelly, 3900 Quail Creek Road, Denton, 76208, submitted a Speaker Card in
opposition to the item.
On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member
Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion
carried unanimously.
Ordinance No. 2009-196
L. Consider adoption of an ordinance authorizing the City Manager to execute a Consent to
Assignment and Assumption of Obligations between the City of Denton, Targa North Texas
LP ("Targa") and Advance Midstream, LP ("Midstream") consenting to the assignment of
certain rights and obligations from Midstream to Targa related to (i) right of way license to
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September 1, 2009
Page 13
use certain city property for placement of transmission pipelines, dated on or about August
11, 2005, from the City to Midstream; (ii) right of way license to use certain city property
for placement of transmission pipelines, dated on or about July 28, 2006, from the City to
Midstream; and (iii) license agreement to use certain city property for placement of
transmission pipelines, dated on or about January 25, 2006, from the City to Midstream;
providing for severability and an effective date.
Ordinance No. 2009-197
M. Consider adoption of an ordinance approving an assignment of a leasehold interest in an
airport lease agreement at Denton Municipal Airport from Mary Mahon, to Harold E. and
Kathy J. Culp, located at 904 Aeronca Drive, Denton, Texas, at the Denton Municipal
Airport; and providing an effective date. The Airport Advisory Board recommends approval
(6-0).
Ordinance No. 2009-198
N. Consider adoption of an ordinance of the City of Denton, Texas approving a Lease Estoppel
Agreement between the City of Denton, Jet Works Air Center Management, L.LC. and
Greater East Texas Certified Development Corporation; and providing an effective date.
The Airport Advisory Board recommends approval (6-0).
3. PUBLIC HEARINGS
A. Hold a public hearing and receive citizen input on the 2009-10 proposed budget.
Bryan Langley, Director of Finance, stated that Council had held a work session this evening on
the budget and would be holding another on September 15th. The proposed budget did not
contain a tax increase. A public hearing was required by state law and the City Charter.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing.
Jean Greenlaw, 2600 Sheraton Road, Denton, 76209-against cuts to the library budget.
John Paul Eddy, 1320 Heather Ln., Denton, 76209-against the amount of the budget with
no help for the needy.
Sam Scoggins, 600 Cordell, Denton, 76201 - inadequate amount of funding for youth
sports events.
Pat Langa, 3211 Montecito, Denton, 76205-against cut in library budget.
Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207-against the cuts in the library budget.
Frank Mayhew, 2100 Greenway, Denton, 7627-against the cuts in the library budget.
Hatice Salih, 300 Northridge, Denton, 76201-against cuts in library budget; concern
about way spend money.
The Mayor closed the public hearing.
There was no action to be taken on this item by Council.
City of Denton City Council Minutes
September 1, 2009
Page 14
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. Tabled - Consider adoption of an ordinance of the City of Denton, Texas regarding a
Specific Use Permit to allow forty-six (46) attached and fifty-four (54) detached single
family dwelling units on property located within a Neighborhood Residential 3 (NR-3)
zoning district, the approximately 30.7 acres site being located at the southwest corner of
Hinkle Drive and Windsor Street; and providing for a penalty in the maximum amount of
$2,000.00 for violations, thereof, severability and effective date. (S09-0002) The Planning
and Zoning Commission recommends denial (5-0). A SUPERMAJORITY VOTE BY
COUNCIL IS REQUIRED FOR APPROVAL. (Tabled from July 21, 2009)
This item remained on the table.
C. Tabled - Consider adoption of an ordinance of the City of Denton, Texas regarding a
Specific Use Permit to allow for gas well drilling and production on property located within
the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood
Residential Mixed Use (NRMU), the approximately 3 acre site being located on the west
side of Bonnie Brae Street, north of Scripture Street; and providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability and an effective date.
(S09-0006) The Planning and Zoning Commission recommends approval (4-0). (Tabled
from July 21, 2009)
This item remained on the table.
Ordinance 2009-100
D. Consider an ordinance ordering an election to be held on November 3, 2009 for the purpose
of submitting to the registered voters of Denton, Texas amendments to the Denton City
Charter regarding terms of office and term limits; residency requirements for City Council
members, the manner of filling the office of Mayor in the event of a vacancy during an
unexpired term of office, limitations on City Council members directing or requesting the
appointment of any person to, or his or her removal from, office by any officer appointed by
the City Council; and, authority to transfer unencumbered appropriation balances during the
fiscal year; prescribing the time and manner of the conduct of the election to be in
accordance with an agreement with Denton County; prescribing the form of the ballot;
providing for notice; providing for publication of notice of this election; providing a
severability clause; providing an open meetings clause; and providing an effective.
City Attorney Burgess stated that approval of this ordinance would order a Charter election for
November 3, 2009. She reviewed the four propositions which would be included on the ballot.
City of Denton City Council Minutes
September 1, 2009
Page 15
Council Member Heggins motioned, Council Member Mulroy seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member
Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion
carried unanimously.
Ordinance No. 2009-200
E. Tabled - Consider adoption of an ordinance authorizing a contract for election services with
Denton County, Texas, performed by and through its Election Administrator to conduct a
November 3, 2009 election concerning amendments to the City of Denton Charter;
authorizing the expenditure of funds therefor; and providing an effective date. (Tabled from
August 18, 2009)
Council Member Mulroy motioned, Council Member Engelbrecht seconded to remove the item
from the table. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye",
Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts
"aye". Motion carried unanimously.
Council Member Mulroy motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye",
Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts
"aye". Motion carried unanimously.
Ordinance No. 2009-201
F. Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year
2008-09 Budget and Annual Program of Services of the City of Denton to allow for an
adjustment to the Technology Services Fund of one hundred seventy five thousand dollars
($175,000) to provide for the expenditure of phone and networking equipment; declaring a
municipal purpose; providing a severability clause; providing for an open meetings clause;
and providing for an effective date.
Kevin Gunn, Director of Technology Services, stated that shortly after arriving at the city, he
performed a survey regarding the phone system and found that the city was using two different
phone systems; a Cisco system and a Nortell system. The Nortell equipment software releases
were not kept up to date and Nortel had filed for bankruptcy in January 2009. The company was
liquidating and would not emerge with another company. This left continued support of the
system in doubt. It was feared that equipment failures would result in extended outages and
financial investment. It was found that 90% of the data network devices were at end-of-support.
The equipment was no longer manufactured and warranty replacements were on a first-come
basis while inventory remained. Software updates had also ceased. Any type of equipment
failure would require purchasing replacements from new produce lines and the current design did
not follow best practices. Staff worked with Cicso and INX to replace the old equipment. The
cost would be approximately $2.19 million to replace obsolete phone and network equipment
including equipment, installation and a five year warranty. There were three items on the
council’s agenda for consideration - the first amended the current year budget, the
second awarded a contract to INX and the third financed the phone and networking equipment
support and installation of the equipment.
City of Denton City Council Minutes
September 1, 2009
Page 16
Council Member Mulroy asked if the warranty costs were included in the annual amount or were
they above that.
Gunn stated that current warranty costs were for items of equipment failures. Software updates
were at no cost but those had ceased and warranty replacement would soon become hard to come
by.
Council Member Mulroy asked if the fixed warranty costs were for cost avoidance to pay for
repairs of outdated equipment or for out years for new equipment.
Gunn replied that it would be for both. It would avoid a potentially large expense for failure of
equipment for which there was no warranty and provide a warranty for new replacements and
keep software releases up-to-date.
Council Member Heggins asked for a time frame.
Gunn thought that the transition would take about 9 months from the first receipt of equipment.
Council Member Watts stated that currently the City had two phone providers Cisco and Nortell
and the proposal was to transition all to the Cisco system. He questioned if the proposal was to
only to replace the Nortell equipment or both systems.
Gunn stated that it would replace Nortell and data system equipment. Ninety percent of all of the
data system would be replaced and all of the Nortell system.
Council Member Watts stated that none of the current Cisco equipment would be replaced.
Gunn stated that the migration to Cisco was about half completed. Some older Cisco data
networking system would also be replaced.
Council Member Watts stated that at the end of the five year lease, the warranty costs built into
the proposal would be ongoing.
Gunn stated that the warranty costs would decrease after 5 years.
Mayor Burroughs asked what happened to the old equipment.
Gunn stated that there might be some residual value in the equipment so it could not just be
disposed of and most likely would be put in a city auction.
Council Member Mulroy motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye",
Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts
"aye". Motion carried unanimously.
City of Denton City Council Minutes
September 1, 2009
Page 17
Ordinance No. 2009-202
G. Consider adoption of an ordinance awarding a contract to INX, Inc. for the purchase of
Cisco phone and networking equipment for the City of Denton as awarded by the State of
Texas General Services Commission, Department of Information Resources (DIR Contract
DIR-SDD-531); providing for the expenditure of funds therefor; and providing an effective
date (File 4359-Purchase of Cisco phone and networking equipment from INX, Inc. in the
amount of $565,810).
Council Member Mulroy motioned, Council Member Watts seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member
Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion
carried unanimously.
Ordinance No. 2009-203
H. Consider adoption of an ordinance authorizing the financing of phone and networking
equipment, recurring maintenance support and installation services for the City of Denton
through a lease purchase financing agreement; providing for the expenditure of funds
therefor; and providing an effective date (File 4391-Third Party Lease Purchase of phone
and networking equipment through Key Government Finance in the amount of
$1,632,392.40 with five annual payments of $326,478.48 each.)
Council Member Mulroy motioned, Council Member Heggins seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member
Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion
carried unanimously.
I. Consider appointments to the following Boards and Commissions:
1. Historic Landmark Commission
2. Zoning Board of Adjustment
Mayor Burroughs nominated Lynn Holt as an alternate member to the Zoning Board of
Adjustment. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye",
Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts
"aye". Motion carried unanimously.
J. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City
Council or the public with specific factual information or recitation of policy, or accept a
proposal to place the matter on the agenda for an upcoming meeting AND Under Section
551.0415 of the Texas Open Meetings Act, provide reports about items of community
interest regarding which no action will be taken, to include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary or
salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity other than the
City of Denton City Council Minutes
September 1, 2009
Page 18
governing body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an announcement
involving an imminent threat to the public health and safety of people in the municipality
that has arisen after the posting of the agenda.
Council Member Mulroy asked for an update on the drainage issue raised by Ms. Salih and
on other neighborhood drainage projects.
K. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
There was no continuation of the Closed Session.
L. 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.
_______________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_______________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS