April 6, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES
April 6, 2010
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 6, 2010 at 3:30 p.m. in the Council Work Session Room at City Hall.
Click here to view Agenda with Backup Materials
PRESENT: Mayor Burroughs, Mayor Pro Tern Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Mulroy, and Council Member Watts.
ABSENT: Council Member Heggins.
1. Requests for clarification of agenda items listed on the agenda for April 6, 2010.
City Manager, George Campbell, stated that Howard Martin would brief the Council on potential
issues with certain drainage easements that might need to be acquired in relation to the Welcome
Center referenced in Consent Agenda Item H.
Howard Martin stated that about three weeks ago he, Linda Ratliff, and Frank Payne had met
with County Commissioners Andy Eads and Hugh Coleman regarding several issues and one
issue they had discussed was the upcoming drainage project the city would be constructing
within the next five years, depending upon the availability of funds, that had the potential of
impacting the area where the Selby House and Quakertown House were located. Drainage
improvements for the downtown area included the area along the north side of Sycamore and
west side of Carroll Blvd. and that would impact this particular area. The Commissioners stated
that they had a Historic Park Master Plan for the area but the actual report was not available.
Martin wanted the City Council to be aware of potential issues related to drainage easements and
that the City needed to work closely with the County on this project.
City Manager, George Campbell, stated that there were several questions regarding Consent
Agenda Item P - indefinite closure of Corbin Road.
Frank Payne, City Engineer, stated that staff had sent notices of the temporary closure of Corbin
Road to surrounding residents. Payne sated that he had met with several of the residents and
some thought that access to their property would be cut off, which was not the case.
City Attorney, Anita Burgess, stated that a new ordinance had been handed out for Consent
Agenda Item Q. Exhibit D had been removed.
Council Member Watts stated that Consent Agenda Item P should be pulled and considered
separately.
2. Receive a report, hold a discussion, and give staff direction regarding the proposed
development for the Rayzor Ranch South Town Center.
Mark Cunningham, Director of Planning and Development, introduced Rick Payne of the Rayzor
Development Team, who would present their vision of the south side of the Rayzor Ranch
Development.
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April 6, 2010
Page 2
Mr. Payne introduced Charles Hodges with RED Development. Mr. Hodges introduced Steve
Bachman, RED Development. Mr. Bachman briefed the Council on some of the types of
projects RED Development had completed in other areas.
Mr. Hodges briefed the Council on changes they were proposing for the development of the
Town Center within Rayzor Ranch South, which provided for design standards for signage,
landscaping and architecture. He stated that they were proposing to increase density or create a
density ring around the 15-acre park and to replace the existing Master Site Plan with a
conceptual "bubble plan" that allowed development to occur without a full amendment
procedure.
Mr. Bachman reviewed the signage that had been used in other projects.
Mr. Hodges discussed sustainability of the project and the need for more density in the "inner
ring".
Council Member Mulroy expressed concerns about the density.
Mayor Burroughs asked if they did some type of study to show impact on surrounding road
infrastructure that linked into the project when they were working with a town center concept or
lifestyle center project.
Council Member Gregory expressed concerns about the density change from 750 to 2150.
Mayor Pro Tern Kamp expressed concerns about the density. She encouraged them to use green
building practices. She also asked that when the softscape was developed that they check with
local companies and try to use native Texas plants.
Council Member Watts asked if there had been any discussion on a hotel/conference center
coming to this location. Watts also asked what a realistic time frame on when things would
begin to move on the south side.
Mr. Bachman stated they planned to open Phase I of the Town Center in October 2012 and they
continued to work on leasing major tenants.
Cunningham stated that everyone was looking for a project that would be sustainable. He stated
that staff supported the increase in residential development and the flexible site plan.
Council Member Mulroy asked Linda Ratliff, Director of Economic Development, to review the
tax incentives. She stated that the tax incentives were performance-based. When they built the
square footage they were required to build, they would benefit from some of the sales tax that
was generated on the site.
General consensus of the Council was to move forward with the project, maintain the quality of
the development, not necessarily in the site locations and the rigidity of it, but ensure that we had
the flexibility to ensure that what was originally envisioned was not lost.
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April 6, 2010
Page 3
3. Receive a report, hold a discussion, and give staff direction regarding the 2010 Tax
Abatement Policy for the City of Denton to establish guidelines and criteria governing tax
abatement agreements.
Linda Ratliff, Director of Economic Development, presented the proposed changes to the tax
abatement policy. She stated the policy was good for two years. The 2008 policy was modified
to encourage green business by incentives for environmentally sustainable practices and
renewable energy projects to include - Leadership in Environmental Energy (LEED)
certification, recycling initiatives, the incorporation of clean technology and renewable energy
projects. The new policy also included a new application for green building projects. Ratliff
asked the Council for recommendations or suggestions.
General consensus of the Council was to accept the recommendations of the Economic
Development Partnership Board and include the following additional changes: On page 2 -
removed the notation below the chart indicating the threshold may be waived for projects with
environmentally sustainable or renewable energy components; on page 3 - removed the
paragraph citing incentives for green businesses. Since the paragraph above this one had the
identical information regarding incentives, a sentence was included into the existing paragraph to
identify green businesses as an industry eligible for incentives; and on page 12 - removed
Denton County from question #10 in the application.
4. Receive a report, hold a discussion and give staff direction regarding the Best Practices for
Pipeline and Municipality Relations document.
John Cabrales, Public Information/Intergovernmental Relations Officer, advised the Council that
staff had addressed issues raised by the Council at the March 9 Work Session and had revised the
Best Practices document. He stated that staff would start working on standard practices issues
for operations and maintenance as well as compressor stations, but stated that this was the best
vehicle in the short term for addressing these issues.
General consensus of the Council was to remove the word "existing" from the Pre-Routing
Section, A.3. and move forward with approval.
Following the completion of the work session, the Council went into Closed Session at 5:54 p.m.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Consult with City's attorneys regarding the status and potential settlement
of the claim of Dustin Epting.
2. Consultation with the City's attorneys on legal issues relating to a
proposed annexation of areas required by Texas Local Government Code
43.052 to follow a three-year municipal annexation plan.
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April 6, 2010
Page 4
B. Consultation with Attorney - Under Texas Government Code Section 551.071;
and Deliberations regarding Real Property - Under Texas Government Code
Section 551.072.
1. Discuss, deliberate, consider, receive information from Staff, and provide
Staff with direction pertaining to the purchase and value of real property
interests consisting of 0.086 and 0.004 acre tracts for Utility Easement,
and a 0.105 acre tract for Temporary Construction Easement located in the
R. Beaumont Survey, Abstract Number 31, City and County of Denton,
Texas; which acquisitions are for a public purpose, the US Hwy 380
Relocation Project. Consultation with the City's attorneys regarding legal
issues associated with the acquisition of said property interests 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.
2. Discuss, deliberate, consider, receive information from staff, and provide
Staff with direction pertaining to the purchase and value of real property
interests consisting of 0.070 acres for Utility Easement, and 0.063 acres
for Temporary Construction Easement, located in the N. H. Meisenheimer
Survey, Abstract Number 811, City and County of Denton, Texas; which
acquisitions are for a public purpose, the US Hwy 380 Relocation Project.
Consultation with the City's attorneys regarding legal issues associated
with the acquisition of said property interests 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.
3. Discuss, deliberate, consider, receive information from staff, and provide
Staff with direction pertaining to the purchase and value of real property
interests consisting of 0.0860 acres for Temporary Construction Easement,
located in the R. Beaumont Survey, Abstract Number 31, City and County
of Denton, Texas; which acquisition is for a public purpose, the US Hwy
380 Relocation Project. Consultation with the City's attorneys regarding
legal issues associated with the acquisition of said property interests 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.
C. 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
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April 6, 2010
Page 5
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 an incentive agreement for the proposed location of a 400,000
square foot distribution center to be located in the industrially zoned area
along Airport Road, west of Interstate 35, known as Project Teacup.
The Closed Session adjourned at 6:24 p.m.
Regular Meeting of the City of Denton City Council at 6:40 p.m. in the Council Chambers of
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. Presentation of the Certificate of Achievement for Excellence in Financial
Reporting from the Government Finance Officers Association
Mayor Burroughs presented the Certificate of Achievement for Excellence in Financial
Reporting from the Government Finance Officers Association to Bryan Langley, Director of
Finance; Harvey Jarvis, Controller; and Kevin Mullen, Assistant Controller.
2. Child Abuse Prevention Month Proclamation
Mayor Burroughs presented the Child Abuse Prevention Month Proclamation to Rev. Dr. Kevin
R. Henson and Caroline Booth Lara with Cumberland Presbyterian Children's Home; Tim
Chambers, Susan Hauser, and Dan Leal with Children's Advocacy Center for Denton County;
and Sherri Gideon with Court Appointed Special Advocates of Denton County.
3. Barbara Jordan Media Day Proclamation
Mayor Burroughs presented the Barbara Jordan Media Day Proclamation to Earline Jackson with
UNT.
3. CONSENT AGENDA
Bob Clifton, 1800 Morse, Denton, spoke in opposition to Consent Agenda items 3E, 3F, 31, 3J,
3M, and 3R.
Council Member Mulroy motioned, Council Member Watts seconded to approve the Consent
Agenda and accompanying ordinances and resolutions, with the March 9, 2010 minutes as
amended, the amended ordinances for items 0 and Q, and with the exception of item P to be
City of Denton City Council Minutes
April 6, 2010
Page 6
considered individually. On roll call vote, Council Member Watts "aye", Council Member
Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro
Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Approved the request below.
A. Consider a request for an exception to the Noise Ordinance for the purpose of performing
music during the 2010 Relay for Life, to be held at the University of North Texas Fouts
Field beginning at 3:00 p.m. on Saturday April 17th until 6:00 a.m. on Sunday, April 18th.
The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and
for amplified sound on Sunday until 6:00 a.m. Staff recommends approving the request.
Approved the minutes below.
B. Consider approval of the minutes of: February 16, 2010; March 1, 2010; March 2, 2010;
March 9, 2010.
Ordinance No. 2010-080
C. Consider adoption of an ordinance of the City of Denton, Texas authorizing Assignment
Pay for Police Department civil service employees who are assigned to perform specialized
duties and required to be on call and frequently available via a cellular phone and providing
an effective date.
Ordinance No. 2010-081
D. Consider adoption of an ordinance of the City of Denton, Texas authorizing Assignment
Pay for Fire Department civil service employees who are assigned to perform specialized
duties and required to be on call and frequently available via a cellular phone and providing
an effective date.
Ordinance No. 2010-082
E. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City
Manager to execute an Advance Funding Agreement for a project using funds held in the
State Highway 121 Subaccount in the amount of $1,165,145.00 between the City of Denton,
Texas and the State of Texas for construction of city pedestrian bridge on the Denton
Branch Rail Trail at Pecan Creek and Loop 288; authorizing the expenditure of funds
therefor; and providing for an effective date. The Mobility Committee recommends
approval (3-0). The Parks, Recreation and Beautification Board recommends approval (6-
0).
Ordinance No. 2010-083
F. 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
System Revenue Bonds or Certificates of Obligation with an aggregate maximum principal
amount equal to $6,792,522 to allow Denton Municipal Electric to continue funding
ongoing capital expenditures for expansion of the distribution and transmission electric
facilities. The Public Utilities Board recommends approval (6-0).
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April 6, 2010
Page 7
Ordinance No. 2010-084
G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Supplemental Engagement Letter Agreement
with Burford & Ryburn, LLP for professional legal services relating to the eminent domain
assignments for West 380 (University Drive) Project; authorizing the expenditure of funds;
and providing an effective date.
Ordinance No. 2010-085
H. Consider adoption of an ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and The Historical Park Foundation for the purpose of assisting
with the construction of the foundation of the Welcome Center; providing for the
expenditure of funds therefore; and providing for an effective date. ($1600.00)
Ordinance No. 2010-086
1. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City
Manager to execute a contract with the Denton Independent School District for the 2010
Summer Food Service Program; authorizing the expenditure of funds to administer the
program; and providing an effective date.
Ordinance No. 2010-087
J. Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year
2009-10 Budget and Annual Program of Services of the City of Denton to allow for an
adjustment to the Airport Gas Well Fund of nine hundred seventy-three thousand five
hundred eighty-two dollars ($973,582) to be transferred to the General Fund for
reimbursement of the General Fund subsidy of Airport operations and to discontinue the
transfer of sales tax and ad valorem taxes from the General Fund to the Non-Airport Gas
Well Fund; declaring a municipal purpose; providing a severability clause; providing for an
open meetings clause; and providing for an effective date.
Ordinance No. 2010-088
K. Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the purchase of water treatment chemicals for the City of Denton Water
Treatment Plants; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4487-Annual Contract for Liquid Ferric Sulfate awarded to the lowest
responsible bidder, Kemira Water Solutions, Inc. in the annual estimated amount of
$400,000). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2010-089
L. Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the purchase of traffic cabinet hardware for the City of Denton Traffic
Department; providing for the expenditure of funds therefor; and providing an effective date
(Bid 4488-Annual Contract for Traffic Cabinet Hardware awarded to the lowest responsible
bidder, Paradigm Traffic Systems, Inc. in the annual estimated amount of $260,000).
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April 6, 2010
Page 8
Ordinance No. 2010-090
M. 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 Council of
Governments, Texas Multiple Award Schedule Program (TXMAS), Buy Board Cooperative
Purchasing Network and State of Texas Comptroller of Public Accounts Cooperative
Purchasing Program (TXCPA CO-OP) for the acquisition of eight vehicles and three pieces
of equipment 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 4491-Purchase of
Utility Fund Vehicles awarded to multiple vendors as listed on Exhibit A in the amount of
$749,569). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2010-091
N. Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal
Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for
public access improvements benefitting the South Branch Library, Fire Station No. 6 and
Denton Independent School District (DISD) Houston Elementary within the municipal
limits of the City and Denton County Precinct No. 1; and providing an effective date.
Resolution No. R2010-008
0. Consider approval of a resolution by the City Council of the City of Denton, Texas
regarding the Best Practices for Pipeline and Municipality Relations Resolution; and
providing an effective date.
Ordinance No. 2010-093
Q. Consider adoption of an ordinance adopting an annexation plan for the City of Denton,
Texas in accordance with Texas Local Government Code Chapter 43 Subchapter C;
providing for severability; providing for the repeal of conflicting provisions; providing a
savings clause; providing for publication and effective date.
Ordinance No. 2010-094
R. Consider adoption of an ordinance authorizing the City Manager to execute change order
number one to the contract between the City of Denton and Thaten Construction Inc.;
providing for the expenditure of funds therefor; and providing an effective date (Bid 4336-
Change Order Number One to Fleet Fueling and Truck Wash Facility in the amount of
$46,027 for a total bid award of $2,093,712).
Item P was considered.
Frank Payne, City Engineer, stated the temporary closure of Corbin Road between Shelby Lane
and Springside Road was necessary until such time that the creek crossing could be improved
and the permanent closure of Corbin Road on the east and west sides of IH-35W. These closures
were considered necessary for public safety because funding was not currently available to raise
the road surfaces involved and install the necessary culvert systems or bridges to pass flood
waters.
The following individuals spoke regarding this item:
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April 6, 2010
Page 9
Sima Furtick, P.O. Box 92, Argyle, spoke in opposition
Roy Furtick, P.O. Box 92, Argyle, spoke in opposition
Janie Whitworth, 3482 Springside Drive, spoke in opposition
Barbara Whitworth, 4085 Corbin Road, spoke in opposition
Council Member Gregory motioned, Council Member Mulroy seconded to adopt the ordinance.
On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and
Mayor Burroughs "aye". Motion carried unanimously
Ordinance No. 2010-092
P. Consider adoption of an ordinance of the City of Denton, Texas, providing for the indefinite
closure of Corbin Road from the west side of Interstate Highway 35 West (IH35W) to the
east side of IH35W; and providing an effective date. Mobility Committee recommends
approval (3-0).
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district
classification and use designation to a Downtown Commercial General (DC-G) zoning
district classification and use designation on approximately 2.749 acres of land generally
located at the southwest corner of Greenlee Street and Central Avenue; and providing for a
penalty in the maximum amount of $2,000.00 for violations thereof, severability and an
effective date (Z09-0012). The Planning and Zoning Commission recommends approval
(6-0).
Mark Cunningham, Director of Planning and Development, stated that this zoning change was
for a 2.7 acre portion of the 17 acre lot developed with the Cumberland Presbyterian Children's
Home. The property was located at the corner of Greenlee and Central. The property was
located within the Downtown University Core Future Land Use Area.
Council Member Mulroy asked if the requested zoning of DC-G allowed for duplexes.
Cunningham stated the DC-G did not allow for duplex uses or single family dwellings. It did
allow for fourplexes. A fourplex was proposed for the area; however a fourplex was not
permitted under DR-1 zoning. The rest of the site was currently developed with administrative
offices, residential cottages and duplex-style housing for single parent families. He stated that
the rezoning would make these uses non-conforming.
Burroughs asked if there had been any discussion about changing the zoning at an earlier time.
Cunningham was not aware of any discussion. He stated that when the City-wide rezoning was
implemented in 2002, the portion of the property that housed the administrative and institutional
type uses was designated as a Downtown Commercial General (DC-G) zoning district and the
area around the residential-style buildings was designated as a Downtown Residential 1 (DR-1)
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April 6, 2010
Page 10
zoning district. The property that was within the DR-1 zoning district had been developed with
duplex uses.
Jerald Yensan, Landmark Surveyors, spoke on behalf of the applicant.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered.
NO. 2010-095
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE ON THAT PORTION OF A PLATTED 17.327 ACRE LOT CURRENTLY ZONED
UNDER THE DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, TO THE DOWNTOWN COMMERCIAL
GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
DEFINED FOR THE REMAINDER OF THE LOT, SAID LOT BEING GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF GREENLEE STREET AND CENTRAL
AVENUE, AND LEGALLY DESCRIBED AS LOT 1, BLOCK A OF THE CUMBERLAND
PRESBYTERIAN CHILDREN'S HOME 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
(Z09-0012).
Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district
classification and use designation to a Downtown Commercial Neighborhood (DC-N)
zoning district classification and use designation on approximately 0.59 acres of land
located at the southwest corner of Bolivar Street and Congress Street; and providing for a
penalty in the maximum amount of $2,000.00 for violations thereof, severability and an
effective date (Z09-0014). The Planning and Zoning Commission recommends approval
(6-0).
Mark Cunningham, Director of Planning and Development, stated that the applicant was
requesting the re-zoning to allow for office use and residential use and to be consistent with
zoning in the area.
Larry Reichhart, 2405 Mustang Drive, Grapevine, spoke on behalf of the applicant.
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April 6, 2010
Page 11
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered.
NO. 2010-096
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN COMMERCIAL
NEIGHBORHOOD (DC-N) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION ON 0.59 ACRES OF LAND LOCATED AT THE SOUTHWEST
INTERSECTION OF BOLIVAR STREET AND CONGRESS STREET, 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. (Z09-0014)
Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to adopt the ordinance. On
roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton Texas authorizing the City
Manager or his designee to administer the formula funding allocated Denton under the
Energy Efficiency and Conservation Block Grant, as part of the American Recovery and
Reinvestment Act, for those projects identified for funding under the City of Denton's
Energy Efficiency and Conservation Strategy, as filed with the United States Department of
Energy in the total amount of $1,117,000; providing for the expenditure of funds and an
effective date.
Kenneth Banks, Director of Environmental Services and Sustainability, stated that six projects
were recommended for funding and submitted to the Department of Energy for evaluation. The
Department of Energy provided approval for the recommended projects on March 19, 2010. The
projects were: Municipal Facility Energy Efficiency Project which included energy efficiency
upgrades in approximately nineteen City buildings; Wastewater Treatment Plant Methane Gas
Recovery Project which involved taking excess methane gas from the Wastewater Treatment
Plant and piping it to the existing DTE energy facility that was at the landfill and using that to
generate electricity; Waste to Energy Methane Gas Wells Project which involved actually
drilling additional wells within the landfill property to access the methane that was produced by
the decay of garbage within the landfill; Energy Audit Program which would expand the capacity
of our current energy audit program by purchasing additional equipment; Municipal
Sustainability Plan which would continue efforts of a sustainability plan for the City;
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April 6, 2010
Page 12
Sustainability and Energy Efficiency Coordinator which would cover the actual hiring of a
coordinator to administer sustainability initiatives.
Council Member Gregory motioned, Council Member Mulroy seconded to adopt the ordinance.
On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and
Mayor Burroughs "aye". Motion carried unanimously.
B. Consider appointments to the following Boards and Commissions:
1. Construction Advisory and Appeals Board
No nomination/appointment was made.
2. Human Services Advisory Committee
Mayor Burroughs nominated Sheryl English to Human Services Advisory Committee.
On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and
Mayor Burroughs "aye". Motion carried unanimously.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
a. Bob Clifton regarding Fry Street and City finances.
Mr. Clifton spoke regarding the development on Fry Street, City finances, and the trash on Fry
Street was unacceptable.
b. Nathan Jackson regarding water fluoridation.
Mr. Jackson read statistics regarding water fluoridation.
c. Eli Gemini regarding proposal to change the name of our city from Denton, Texas to
Corruption City, Texas, U.S.A.
Mr. Gemini spoke regarding personal assaults on him and violation of his civil rights.
d. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth indicated that he did not like the placement of the officer on duty in the front of
the room. He stated that it would be nice if there was more than one African American fire
fighter employed by the City. He stated that the Juneteenth celebration and Cinco de Mayo were
the only ones being charged park fees while Jazzfest was not charged the fee.
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April 6, 2010
Page 13
e. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
f. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth stated that she felt Bobby Givens should be assigned as the manager of the MLK
Center.
g. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth stated that there were no African Americans on the Parks Board or in Parks
administration and felt there should be.
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 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
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 Watts and Council Member Engelbrecht both expressed concerns about the
amount of dirt being left on Bonnie Brae by construction companies working in the area.
Council Member Gregory announced that the 2010 U. S. Gymnastics Championships would be in
Denton at TWU on April 15-17.
E. 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.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
Open Meetings Act. C E R T I F IC ATE
There was no official action on Closed Meeting items.
City of Denton City Council Minutes
April 6, 2010
Page 14
With no further business, the meeting was adjourned at 8:40 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS