August 17, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES
August 17, 2010
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, August 17, 2010 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Watts, Council Member King, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs.
ABSENT: Council Member Heggins.
1. Requests for clarification of agenda items listed on the agenda for August 17, 2010.
Council Member Gregory questioned what type of program was associated with Consent Agenda
Item D.
Ken Banks, Environmental Services and Sustainability Director, stated that the intention was to
take what was developed in the last grant and move it to the entire watershed area. It was a
mixture of products of policies and on the ground strategies. The first grant dealt with
information and design of the projects. A condition of the original grant was to put on the
ground what was developed in the grant.
Council Member King asked about Item G for Individual Consideration. Staff and the Airport
Advisory Board had different considerations of the terms of the lease.
Quentin Hix, Airport Manager, stated that the lease was negotiating ramp space around the
terminal building. Staff looked at the ramp in terms of its unique location as it was in an area
that could affect airport business in the future. Staff did not feel that an initial 24 year period
was compatible with the uncertainty of the development of the area. Staff was in agreement with
BAM on the terms and conditions of the lease, the area to be leased and the price per square foot
but not on the length of the lease. BAM wanted 24 years plus 2 five year options. Staff was
recommending a 10 year lease with two ten year extensions.
Council Member King asked if there were any alternatives.
Hix stated that they had asked the president of BAM what was planned for the area. They did
not have a specific plan at this time. Staff maintained that a 10 year initial lease with two 10
year options would be best.
Mayor Burroughs asked about the kind of investment, from BAM standpoint, would be needed
in the leased space.
Hix stated that there was no initial investment he was aware of. Some aircraft in that area were
not operable or were long term tie downs.
Mayor Burroughs questioned if those craft could be moved if a better use was found for the area.
Hix replied if there was an adoption of a specific policy for use of that space.
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Mayor Burroughs stated that the city had consistently done long term leases but that the
reasoning for those long term leases was the need to pay back capital costs over a long period of
time. In this case, there was no capital component.
Hix replied correct that the lease did not allow a vertical building on the space.
Council Member Gregory stated that at the end of 10 years, the City could decide not to renew
the lease. He questioned if the lessee could do that also.
Hix replied correct that they would have to notify the City 180 days before the end of the 10 year
term.
Council Member Gregory stated that several people had indicated concern over the issue of the
timing of the leases not lining up. There was a 27 year lease on the property next to this location.
He questioned if it were possible to have an original term of lease for 10 years plus an extension
of 10 years and when it was time for the next extension add enough years to align the dates at the
same time.
Hix stated that the options for terms and conditions were available when the term was expired.
That was a legitimate option but had not been discussed with BAM.
Council Member Gregory asked what were options for use of that space.
Hix replied as the runway was extended, it would be used for more charter service to pick up and
drop off customers at the terminal. There might also be the possibility of enlarging the terminal
for larger aircraft in and around the building. BAM would be a significant player in the
development of any kind of business in that area.
Mayor Burroughs asked if the lease of the ramp space was based on BAM maintaining FOB
status.
Hix replied that it was a standalone contract.
Mayor Burroughs stated that this was an operational lease with no capital involved and was not
tied with the FBO status.
City Manager Campbell stated that there were two FOBS at the airport with separate facilities
from what the city operated.
Council Member Watts questioned if the slab for Consent Agenda Item 3F was a partial slab.
Hix replied correct.
Council Member Watts questioned the approximate cost of the land if the company was just
going to leasing the land.
Hix stated that it was estimated that the unimproved land would be $4,860 per year. The lease
was written to include an 11% commission on all revenues generated from the operation of an
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aircraft storage hangar to be constricted and used as a part of the U. S. Aviation Group Fixed
Base Operator service.
Council Member Watts asked if the assumption clause was standard for all leases.
Hix replied correct.
Council Member Watts questioned the cancellation or termination provision and whether that
language was mandatory.
Hix stated that it was interpreted that if the Airport terminated the lease before the end of the
term, the clause would be applied to calculate the value of the property.
Council Member Gregory stated if the city did not terminate the lease but the company went
bankrupt or walked away and there were improvements with a mortgage, who would be the first
lien holder.
Hix indicated that he would have to research that.
City Attorney Burgess stated that it would depend if it were a bankruptcy or the company just
walked away from the lease.
Council Member Watts stated that the wording in the resolution for Consent Agenda 4C stated
that it accepted recommendations. He wanted to clarify that the recommendations would be
binding and that all of them would have to be performed.
City Manager Campbell stated that he had requested a resolution as a plan or a guide for the
Downtown and after the form based code was completed, some amendments might be necessary.
This was accepting the plan as a guide and the details would be later by code and ordinance. It
was expressing the concept of the plan as acceptable but there were no code requirements at this
point.
Council Member Watts stated that some concepts were very specific.
City Manager Campbell stated that if the plan were adopted by ordinance, the concepts would be
set and staff was not ready to do that.
2. Receive a report, hold a discussion, and give staff direction concerning proposed
amendments to Subchapters 3, 16, 22 and 23 of the Denton Development Code regarding
gas well drilling and production as amended by Ordinance No. 2010-181. (DCA10-0006)
Mark Cunningham, Director of Planning and Development, stated that during the public hearing
phase, several concerns were presented by area residents and representatives of the gas well
industry who were present. As a result of the concerns that were raised, staff conducted further
review of Ordinance 2010-181 and made several amendments to the ordinance to address the
concerns that were expressed, eliminate potential ambiguous language, and provide further
clarity relative to the spirit and intent of the ordinance. The amendments were:
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41 - Section 35.16.19.E - deleted language relative to fees in the ETJ.
42 - Section 35.22.2 - added language to the definition of "drilling and production area".
43 - Section 35.223.A - added language to allow gas well drilling and production by right for
property that within the City that was unzoned, but would be subject to the Rural Residential 5
use regulations.
44 - Sections 35.223.B, 35.22.4.A.1, 35.22.10.A and C - amended language to provide
applicability to code within a Planned Development and Master Planned Community District.
45 - Section 35.22.4.G - added language to address issues of legal non-conformity. The
amendments would not apply to a gas well permit application if on August 4, 2010 a complete
plat application, together with any required WPP application was pending, or the area to be
platted was the subject of an approved SUP, PD, MPC for gas drilling and production. The
amendments would also not apply if there was an approved gas well development plat that
identified the gas well site and drilling activities for a gas well on another approved plat within
1,000 feet of the proposed well had started. Legal non-conforming permits stated that if a
complete gas well permit application was pending on August 4, 2010, the application would not
be subject to the separation standards prescribed in Section 35.22.5.A.1.
46 - Section 35.22.5.A.l.a, b, and d - revised language to clarify that minimum separation
standards applied to habitable strictures.
47 - Section 35.22.5.e - added clarification regarding separation standards with a previously
platted residential subdivision.
Council Member Gregory questioned the section numbering and asked if all of Subsection F was
being removed.
Cunningham stated that when the adopted ordinance was merged with Chapter 25, some of the
alpha numbering was changed. Section F was not removed.
48 - Section 35.22.5.A.2.n - revised language to clarify screening requirements to clarify that
screening was required only from habitable strictures and tied screening requirements to the
sequencing requirements under 35.22.4.
49 - Section 35.5.A.6.p - deleted language as it could create a potential conflict with other
codes.
410 - Section 35.22.5.C - clarified that the standards applied to gas well drilling and production
in the city limits.
411 - Section 35.22.6.D - regarding gas well development site plan and watershed protection
plan - deleted the second sentence because it did not fall under the heading of "criteria for
approval".
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412 - Section '15.22.10.I - expiration of gas well permit - revised language to provide delineation
between the issuance of permits by the City and Texas Rail Road Commission.
Council Member Heggins joined the meeting.
Council Member Watts questioned the legal non-conformity provision. Section IA stated that a
completed application was necessary but then said "or" the area to be platted was subject to an
approved specific use permit. He asked how there could be approval for a specific use permit for
a gas well since there would not be any specific parcel where the pad sites would be. There
would be nothing specific on file for the locations, just a specific use permit to have the gas well.
Cunningham stated that there could be a project that showed locations but was not platted. The
specific use permit document would indicate that there would be drilling locations in those areas
and those would be exempted.
Council Member Watts asked about the August 4th requirement.
Cunningham replied that the concept plan identified tentative locations of the gas wells.
Council Member Watts stated that if the concept plan was amended and the locations were
changed, it would be a new application and the exemptions would not apply.
Cunningham replied correct.
Council Member Watts questioned subsection B of the legal non-conformity amendments. If the
gas well permits were in one location and four were approved, but three came in after the passing
of the ordinance, would they be subject to the code.
Cunningham replied that if the gas well being considered had an approved plat where gas well
drilling had already taken place within 1000 feet of what was being proposed, the site being
proposed would be exempt to encourage clustering of gas wells rather than having them spread
apart.
Council Member Engelbrecht questioned the use of the 1000 feet figure.
Cunningham stated there was no legal requirement for that amount; it was considered a
reasonable distance.
Council Member Gregory stated that he assumed the 1000 feet was due to the situation at Rayzor
Ranch. He would prefer a lower number to keep the wells clustered.
Council Member King stated that they would still be 1000 feet from a habitable dwelling. One
thousand feet or subsection 35.22.4.G would accomplish what Council wanted.
City Manager Campbell stated that the radius of a five acre site would be within that location.
Cunningham replied that it would only work if all five acres of pad sites were the same size.
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Council Member Watts expressed a concern about another gas well site being subject to the
provisions of Section 35.22.4.g.b.
Mayor Burroughs stated that the wording indicated an approved plat site. If the area was already
platted, it would be already vested under a different provision.
Cunningham stated that it would not apply to an existing plat. A new plat coming in within 1000
feet would get the exception.
Council Member Watts stated that it would not be a vesting issue as it would be coming to plat
after August 4th for a new plat; even though it might be next to an existing one. The new well
could be exempt but it was not a vesting issue.
Cunningham stated it was not for the plat but for the permit.
Council Member Watts stated that there would have to be a permit to have a plat. The wording
stated "the gas well plat".
Cunningham replied that the section might not be ready for Council approval as there appeared
to be too many questions on the mechanics of the section.
Deputy City Attorney Drake stated that the questions seemed broader than vesting issues.
Council was talking about enforceability of standards on gas well permit applications. The
application was based on filing to the new provision not subject to the 1000 feet. If it was the
first well, it would not be a legal non-conformity issue. But if a well was already built, it would
be considered to be legally non-conforming with respect to the new provisions.
Mayor Burroughs questioned that if a plat was approved but there was no drilling and the
developer came forward to get a permit, would it be vested or not.
Drake stated that it would be subject to the new provisions if not drilled.
Mayor Burroughs stated that the triggering point was whether or not the well was drilled.
Council Member Engelbrecht stated that if there was an approved plat with one well drilled and
the developer came in for a permit within 1000 feet of the first well, then the well would be
subject to the old riles. If it were more than 1000 from the current well, then it would be subject
to the new riles.
Council Member Watts stated that a plat with a well drilled prior to August 4th would not be
subject to the new regulations. If another permit were requested, it would be subject. A plat was
necessary for a permit. If there was a plat with no drilling, it would be subject to the new code.
If there was a plat with drilling 1000 feet away, the only way it would not be not subject to the
new regulations would be if part of the plat was before August 4tn
Council Member Engelbrecht asked if the footage could be smaller such as 500 or 700 feet.
Drake replied it could be changed if Council desired.
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Cunningham stated that some plats that had already been submitted included over 2000 acres and
some had up to 40 well locations. It appeared that these were submitted to circumvent the
proposed changes. If there was a plat with a well already drilled within 1000 radius, the
amendments would not apply. Outside the 1000 foot radius, the amendments would apply.
3. Receive a report, hold a discussion, and give staff direction on the 2010-11 Proposed
Budget, Capital Improvement Program, and Five-Year Financial Forecast.
Brian Langley, Director of Finance, stated that a variety of information had been provided in the
Council's backup materials. Changes made since the proposed budget was submitted included:
(1) increasing the proposed tax rate to the effective tax rate, (2) increasing the over 65 tax
exemption from $30,000 to $35,000 which would reduce revenue by $115,000, and (3) consider
increasing Building Inspection fees with a cost of service analysis for fees. A consultant would
be hired to do the cost of service analysis. Proposed fee changes, if any, would be recommended
after the adoption of the FY 2010-11 budget. Total revenue changes indicated a decrease of
$67,910. Expenditure changes included the funding of the Urban Forester position. Staff was
proposing to fund 75% of the cost out of DME due to the tree trimming program and his
consulting within that department and 25% in out of the General Fund. The 75-25 ratios were
preliminary. The revised operating budget gap was now $1,230,734.
Langley stated that another proposed project was a disaster recovery data center. Currently there
was only one central location for all data systems. Staff was looking at creating a redundant site
to keep the centers running at a cost of approximately $250,000. Staff would be bringing back
more details in the near future. Funding for the center would be from Technology Services funds
and not General Fund dollars.
Mayor Burroughs suggested looking into a Homeland Security grant opportunity for that type of
proj ect.
Langley stated they would look to see if any were available. He mentioned that the
consideration of the tax increase item on Individual Consideration would only be necessary if
Council wanted to go above the effective tax rate. If so, Council would have to consider that
resolution at this meeting. If not, the item would not have to be considered.
Council Member Gregory asked about the cost savings in insurance premiums for the proposed
health clinic. He asked if staff was moving forward with that informal report.
Langley stated staff was working out more details on that issue and that they were in the process
of drafting a RFP for different options.
Council Member Watts stated that some non-profit organizations might want to submit a
proposal. He also requested staff to explore the possibility of other entities joining with the City
in establishing a health clinic.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 4:30 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
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August 17, 2010
Page 8
1. Closed Meeting:
A. Consultation with Attorney -Under Texas Government Code Section 551.071.
1. Consider and discuss the status of legal issues relating to the settlement of
City of Denton v. Biodiesel Industries, Inc., et al., Cause No. 4:08-cv-00173
and subsequent claims and provide direction to the city's attorneys regarding
same.
This item was not considered in Closed Session.
2. Consult with City's attorneys regarding: (1) legal issues associated with the
regulation of gas well drilling and production within the City Limits and the
extraterritorial jurisdiction, including Constitutional limitations, statutory
limitations upon municipal regulatory authority and statutory preemption of
municipal regulatory authority; (2) Federal preemption (and limitations on
that preemption) of certain municipal regulations relating to the compression
and transmission of natural gas, and the location of gas pipelines; (3)
analysis of risks and enforceability of such regulations, including impacts
and strategies associated with local permit protections; (4) legal limitations
associated with the setting of fees for administration, inspection,
enforcement, and other governmental or proprietary services related to gas
well drilling and production, both within the City and its extraterritorial
jurisdiction.
3. 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 a request
for an economic development incentive for Grand Mesa, LLC for a portion
of the Granite Point development located on I-35W south of Airport Road.
B. Deliberations regarding Economic Development Negotiations - Under Texas
Government Code Section 551.087.
1. Deliberate the offer of a financial or other incentive to Sykes-Vaughan
Investments, LLC, a business prospect that the City of Denton seeks to have
locate, stay, or expand in or near the Denton Municipal Airport.
C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
1. Receive competitive public power information from staff in the form of a
proposed operating budget for Denton Municipal Electric ("DME") for the
upcoming fiscal year, including without limitation, revenues, expenses,
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August 17, 2010
Page 9
commodity volumes, and commitments, and the direction of DME; and
discuss, deliberate, consider adoption of the budget and other matters, and
provide staff with direction regarding such matters.
Council Member King motioned, Council Member Engelbrecht seconded that this item was
appropriate for a Closed Session discussion under the Public Power Utilities Competitive Matter
exception. On roll call vote, Council Member Watts "aye", Council Member King "aye",
Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
The City Council attended a reception for Board and Commission members on Tuesday, August
17, 2010 at 5:30 p.m. in the Council Work Session Room at City Hall.
The City Council convened in the Council Chambers at 6:00 p.m. to consider the following:
1. Consider approval of a resolution of appreciation for retiring Board/Commission members.
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to approve the
resolution. On roll call vote, Council Member Watts "aye", Council Member King "aye",
Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
2. Oath of Office for New and Continuing Board Members.
Jennifer Walters, City Secretary, administered the oath of office to the new and continuing board
and commission members.
The Council convened in a Regular Meeting at 6:30 p.m. in the Council Chambers.
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
There were no proclamations/presentations for this meeting.
3. CONSENT AGENDA
Mayor Burroughs stated that item G would be pulled for separate consideration.
Council Member Gregory motioned, Council Member Heggins seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item G. On roll call
vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins
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August 17, 2010
Page 10
"aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem
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 the 12th
Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce.
The event will be held in Quakertown Park on Saturday, September 18, 2010, from 1:00
p.m. to 10:30 p.m. and Sunday, September 19, 2010, from 1:00 p.m. to 8:30 p.m. The
exception is specifically requested to increase hours of operation for amplified sound from
10:00 p.m. until 10:30 p.m. and to have amplified sound on Sunday. The amplified sound
will not go above the allowable 70 decibels for an outdoor concert. Staff recommends
approval.
Resolution No. 20 10-03 1
B. Consider approval of a resolution allowing the Denton Black Chamber of Commerce to be
the sole participant allowed to sell alcoholic beverages at the Blues Festival September 18 -
19, 2010, upon certain conditions; authorizing the City Manager or his designee to execute
an agreement in conformity with this resolution; and providing for an effective date. The
Parks, Recreation and Beautification Board recommends approval (5-0).
Ordinance No. 2010-190
C. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Cooperative Purchasing Program Agreement with the Harris County Department of
Education, Harris County, Texas under Section 271.102 of the Local Government Code, to
authorize participation in various Harris County Department of Education contracts for the
purchase of various goods and services; authorizing the expenditure of funds therefor; and
declaring an effective date (File 455 1 -Interlocal Agreement with Harris County Department
of Education).
Ordinance No. 2010-191
D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager, or his designee, to execute a "Professional and Personal Services Agreement for
consulting services for the City of Denton Watershed Protection Program," in an amount
not-to-exceed $227,200 by and between the City of Denton, Texas and CH2MHi11, Inc., a
consulting and engineering firm for services implementing the Hickory Creek Watershed
Protection Plan and increasing the scope of the protection plan to include the entire Lake
Lewisville Watershed; related to a Texas Commission on Environmental Quality ("TCEQ")
Section 319 water quality grant that has been awarded to Denton previously; providing for
the expenditure of funds; providing for retroactive approval, ratification and confirmation
thereof, providing an effective date (File 4560). The Public Utilities Board recommends
approval (5-0).
Ordinance No. 2010-192
E. Consider adoption of an ordinance awarding a contract under the General Service
Administration (GSA) Federal Supply Service program for the purchase of personal
protection equipment for the City of Denton Police Department as awarded by the General
Service Administration (Contract GS-07F-5508R); providing for the expenditure of funds
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August 17, 2010
Page 11
therefor; and providing an effective date (File 4561-Personal Protection Equipment for
Police Department awarded to Tactical Gear Now, Inc. in the amount of $153,334.95).
Ordinance No. 2010-193
F. Consider adoption of an ordinance authorizing the City Manager to approve a second
amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance
2009-018 dated January 6, 2009 and amended by Ordinance 2009-323 dated December 15,
2009 between the City of Denton, Texas and Sykes-Vaughan Investments LLC which
includes among other provisions the right to sell aviation fuel to the public for a five-
percent fuel flowage fee and provide commercial hangar and tie-down service at the Denton
Municipal Airport; and providing an effective date. The Airport Advisory Board
recommends approval (6-0).
Ordinance No. 2010-184
G. Consider adoption of an ordinance to authorize the City Manager, or his designee, to
execute on behalf of the City of Denton an Airport Lease Agreement between the City of
Denton, Texas and BAM Denton Management Ventures, LLC at the Denton Municipal
Airport for lease of aircraft ramp space; and providing an effective date. The Airport
Advisory Board recommends approval (7-0).
Mayor Burroughs indicated that a speaker card had been submitted for this item.
Damon Ward, 5007 Airport Road, Denton, 76207, spoke in favor of the lease to be extended for
a longer period of time. He noted that the Airport Advisory Board was also in favor of a longer
lease to be concurrent with the current FBO lease. Staff, however, had recommended a lease
scenario at a much lesser amount of time due to the uncertainty of what would be happening to
the Airport in the future.
Mayor Burroughs stated that Ward's proposal was to run the ramp lease with the FBO lease. He
questioned how the FBO status would be affected by the additional ramp agreement or how it
would be adversely affected with three 10 year leases.
Ward stated that the proposed lease would be very confining with 10 year options being
undefined. Banking arrangements needed greater than a 10 year period to make profits and a 25
year lease allowed them to make banking arrangements.
Mayor Burroughs questioned if improvements came with this lease.
Ward stated that marketing needed a long term plan for larger aircraft. With an extended lease
term they would be able to say that they could provide services for a number of years.
Council Member King stated that this would be a place to set planes and Ward was concerned
that the City might not give the options for the additional years.
Ward replied correct.
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August 17, 2010
Page 12
Council Member Gregory stated that south of the runway the operations were currently
successful without a lease.
Ward stated that the airport was getting more and larger aircraft and the dynamics of the airport
was changing. A smaller space was fine for a time but in the future there might be a need for
more space to park the airplanes.
Mayor Pro Tem Kamp asked Ward if he was asking Council to not approve the lease.
Ward stated that what was before Council was from staff and proposed a 10 year lease with two
10 year options. He was requesting the lease to run concurrent with his current FBO lease. He
would accept the staff proposal but it was not what was recommended by the Airport Board.
Mayor Pro Tem Kamp asked for an explanation of the staff proposed lease.
Quentin Hix, Airport Manager, stated that the proposed lease was for additional ramp area
adjacent to the airport terminal. This ramp area was unique from the past FBO lease and was
adjacent to the terminal and in the staffs perspective with all of improvements at the airport and
marketing for the airport, there was an uncertain public need for space adjacent to the terminal.
It was advantageous to have BAM manage it but in the near term there might be other public
needs for that area. There was a need to keep some flexibility for future development. One 10
year lease with two 10 year options to renew was the staff s proposal.
Council Member King stated that the Airport Board recommended that the lease run
concurrently with the FBO lease.
Hix stated that was correct. All terms and conditions of the lease were agreed on and were
presented to the Board. The length of the lease was presented to the Board but the Board
approved the lease with a recommendation of a different length of time.
Council Member King stated that the north side was not leased.
Hix stated that directly north there was a grant pending to fill in open ground with paved ramp.
He was not certain how long it would take to achieve that. The public area was the primary
location to service aircraft in the future.
Council Member King questioned if the open land north of the airport could be leased by another
FBO.
Hix stated that was correct; however, the intent was to leave some public area and not to use that
area as tie down space. The current area was used for a tie down area and it might be needed to
be used for something else in the future.
Council Member Heggins questioned who monitored the tie downs.
Hix stated that the airport staff monitored the aircraft on a daily basis and billed the aircraft
owners if they stayed longer than 3 days. Some aircraft in the area were inoperable and it was to
the city's advantage to have BAM manage the tie down area.
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Page 13
Council Member Engelbrecht asked what would happen if the ten year lease were approved and
then significant charter activity occurred in 5 years.
Hix stated that the initial position of staff was to make the lease a 5 year lease but in fairness and
anticipated time to complete all improvements, felt that it probably would be in the 5-10 year
period to do that. If it did occur, the city would have to negotiate with BAM.
Council Member Gregory asked if the other FBO had room to accommodate larger jets.
Hix stated that both had enough ramp space but what neither had was space adjacent to the
terminal.
Council Member Gregory stated that if there was increased charter service, there would be a
need to use that ramp space in front of the tower for something other than what BAM was using
if for.
Hix stated that the current use was for tie down for aircraft, sometimes for a monthly basis. If
the area was transitioned for an alternative use, it would have to be used for larger jets to
disembark passengers, etc. The issue staff had was concern about uncertainty of the future.
Council Member Watts stated that with the two 10 year options, BAM would have right of first
refusal. In reading the lease he couldn't see that language and questioned if it was in the lease.
Hix replied that it was in the lease.
Council Member Watts stated that the language for the terms did not indicate that the option was
unilateral to BAM and felt that the city could refuse to allow the option to renew.
City Attorney Burgess stated that if that was the desire of the Council whoever made the motion
could add the words "but lessor has the option to not move forward with the option."
Council Member Watts stated that he wanted the lease to represent as accurate as possible the
intention of the parties. If the city had the option to not renew the lease, it needed to be in the
lease language. He suggested it be included to fully represent the intent.
Mayor Burroughs stated that it sounded as though the proposal by staff was that if at the end of
the 10 year term there was some other public need, that it would override the FBO need. At that
point, the renewal might not occur. There was no intention to go out for bids at that time and the
space would be not marketed.
Hix stated that it was not the intent to hold the space open for that type of option.
Mayor Burroughs stated that failure to renew the lease would be for a public purpose and not a
competitive purpose. The lease would be renewed unless there was a determination by the city
that it would not be in the public interest to do so. The renewals were not subject to bidding.
City of Denton City Council Minutes
August 17, 2010
Page 14
Council Member Gregory stated that if Council approved the staff recommendation, at the end of
the 10 years, either party could back out of the lease with a 180 day notice on either end by the
city or the lessee.
Council Member King suggested that rather than making the lease for ten years have it
concurrent with the FBO lease and then if there would be a public cause at the end of 10 years,
the lease would be terminated.
City Attorney Burgess stated that staff could draft a lease with language indicating that the lease
would be consistent with the term of the FBO lease with a provision that after 10 years of the
initial terms, the city could upon notice of not less than 180 days exercise a right to terminate the
lease by making a determination that it was not in the public interest to continue the lease.
Council Member Watts stated he was not comfortable with that suggestion. It was the policy of
the Council to move the airport towards an enterprise zone which meant competing business
interests. He was hearing staff say that they didn't mind leasing the space at the same status but
if something happened at the airport to have larger aircraft, the space would become more of a
premium and the city wanted the option to look at the lease again. That was why BAM wanted a
longer lease. He could not support a public policy termination clause which would be very
vague. A longer term was counterproductive to what he felt Council what trying to do at the
airport.
Council Member Engelbrecht asked if there had been any major investments in the ramp at some
time.
Hix stated that over the past 6 years, the tower and terminal had been built next to the ramp but
he was not aware of any specific improvements to the ramp.
Council Member Engelbrecht asked if BAM had made any improvements on the ramp.
Hix replied no.
Council Member Engelbrecht stated that there were potential plans for expanding the terminal to
the north.
Hix replied correct.
Council Member Engelbrecht stated that if there were charter service to the airport on a more
frequent basis, staff was suggesting there would be a need for space to get passengers on and off
and move the plane around. He questioned what the city would do if that happened before 10
years.
Hix stated that the city would have to renegotiate the use of the area from BAM or have to be
inconvenienced using the area north of the terminal.
Council Member Engelbrecht stated that he was not comfortable voting on this issue at this point
in time as there were too many unanswered.
City of Denton City Council Minutes
August 17, 2010
Page 15
City Manager Campbell stated that the language of the contract was appropriate with staff s
recommendation to preserve options. He felt the concern could be cured by adding language that
the lessor was under no obligation to extend the lease. He was concerned with trying to identify
every possible scenario that could occur between now and ten years. He suggested keeping the
term at 10 years to help with development.
Mayor Pro Tem Kamp stated that staff originally wanted to do a five year lease but increased it
to make it fairer. Her point was that the citizens of Denton made tremendous improvements to
the airport and the citizens owned the airport. The question was if the city wanted to be in the
airport business and she felt the answer was yes. She motioned to approve as the ordinance
presented with the options as noted.
City Attorney Burgess stated that language would be included to extend the contract for two
additional ten year upon mutual consent with 180 days requirement for notice of change.
Council Member Engelbrecht stated that he would be voting against the motion due to all of the
issues raised and felt that delaying the issue to the next council meeting would not be a large
delay. He would much rather see the city negotiate to consider the flexibility it wanted.
Mayor Burroughs suggested continuing the item to create language for a 24 year lease with a 10
year opt out.
Council Member Watts was not in favor of that idea based on the direction Council was moving
for the airport. His thought was why lease if flexibility was wanted and felt the Mayor's idea
was too vague.
Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote, Council Member Engelbrecht "nay", Council Member Watts "aye", Council
Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Mayor
Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried with a 6-1 vote.
4. PUBLIC HEARINGS
Ordinance No. 2010-195
A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
amending Subchapter 5 of the Denton Development Code modifying the height requirement
in the General Regulations of the Industrial Center General (IC-G) zoning classification and
use designation and adding to the limitations contained in Subchapter 5; providing a penalty
in the maximum amount of $2,000.00 for violations thereof, providing a severability clause
and an effective date (DCA10-0005). The Planning and Zoning Commission recommends
approval (6-0).
Mark Cunningham, Director of Planning and Development, stated that the request was to amend
the Denton Development Code regarding the maximum allowed building height within the
Industrial Center General district from 65 to 125 feet. He reviewed the current height standards
for the Industrial Center Employment, Regional Center Commercial Downtown and
Employment Center Commercial which were all set at one hundred feet; however, the maximum
City of Denton City Council Minutes
August 17, 2010
Page 16
building height in the Industrial Center General District was limited to 65 feet, despite its
classification as an industrial zoning district. The required building maximum height for Target
was 125 feet. Staff consulted with the FAA which indicated that the height could go up as high
as 140 feet. Staff was recommending amending the Code to increase the height from 65 to 125
feet. The Planning and Zoning Commission recommended the height be increase by right to 125
feet and by a specific use permit to 140 feet. However, timing was an issue for Target and to do a
specific use permit would require standards which would hamper the progress of the Target
building.
Mayor Burroughs questioned if the Planning and Zoning Commission recommended approval to
125 feet as a matter of right with a specific use permit up to 140, why was staff discounting the
140 feet mark.
Cunningham stated that the Planning and Zoning Commission recommendation would still
require an ordinance to vet out for the specific use permit and that would slow down the process.
Mayor Burroughs questioned why staff was not recommending the 140 feet as approved by the
FAA.
Cunningham stated that they wanted a cushion for safety purposes.
Council Member Engelbrecht stated that the reason for the amendment was that Target needed
the additional height. He suggested researching system maximum heights and if 140 feet was
what was needed, bring back an amendment to accommodate future developments.
Council Member King suggested making an amendment to 140 feet.
The Mayor opened public hearing.
Kirk Williams, representative from Target, stated they were in agreement with the staff
recommendation.
Council Member Engelbrecht questioned if the 125 feet would give them any flexibility.
Williams stated that the building height was at 120 feet. A concern was where the height was
measured. He would be satisfied with 120 feet from the top of the slab so 125 feet would suit
their needs.
The Mayor closed the public hearing.
Council Member Watts motioned, Council Member Engelbrecht seconded to adopt the ordinance
changing the height to 140 feet. On roll call vote, Council Member Watts "aye", Council
Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council
Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion
carried unanimously.
City of Denton City Council Minutes
August 17, 2010
Page 17
Ordinance No. 2010-196
B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas
amending certain sections within Subchapters 3, 16, 22, and 23 of the Denton Development
Code, relating to gas well drilling and production, definitions, and procedures, as previously
amended by Ordinance No. 2010-181; and providing for a penalty in the maximum amount
of $2,000 for violations thereof, severability and effective date. (DCA10-0006). The
Planning and Zoning Commission recommends approval (5-0).
Mark Cunningham, Director of Planning and Development, stated that after the Council's prior
public hearing, staff had received many comments regarding the proposed amendments to 2010-
181. As a result of the concerns that were raised, staff conducted further review of Ordinance
2010-181 and was suggesting several amendments to the ordinance to address the concerns that
were expressed, to eliminate potential ambiguous language, and to provide further clarity relative
to the spirit and intent of the ordinance. The proposed amendments were as follows:
41 - Section 35.16.19.E - deleted language relative to fees in the ETJ.
42 - Section 35.22.2 - added language to the definition of "drilling and production area".
43 - Section 35.223.A - added language to allow gas well drilling and production by right for
property that within the City that was unzoned, but would be subject to the Rural Residential 5
use regulations.
44 - Sections 35.223.B, 35.22.4.A.1, 35.22.10.A and C - amended language to provide
applicability to code within a Planned Development and Master Planned Community District.
45 - Section 35.22.4.G - added language to address issues of legal non-conformity. The
amendments would not apply to a gas well permit application if on August 4, 2010 a complete
plat application, together with any required WPP application was pending, or the area to be
platted was the subject of an approved SUP, PD, MPC for gas drilling and production. The
amendments would also not apply if there was an approved gas well development plat that
identified the gas well site and drilling activities for a gas well on another approved plat within
1,000 feet of the proposed well had started. Legal non-conforming permits stated that if a
complete gas well permit application was pending on August 4, 2010; the application would not
be subject to the separation standards prescribed in Section 35.22.5.A.1.
46 - Section 35.22.5.A.l.a, b, and d - revised language to clarify that minimum separation
standards applied to habitable strictures.
47 - Section 35.22.5.e - added clarification regarding separation standards with a previously
platted residential subdivision.
48 - Section 35.22.5.A.2.n - revised language to clarify screening requirements to clarify that
screening was required only from habitable strictures and tied screening requirements to the
sequencing requirements under 35.22.4.
City of Denton City Council Minutes
August 17, 2010
Page 18
49 - Section 35.5.A.6.p - deleted language as it could create a potential conflict with other
codes.
410 - Section 35.22.5.C - clarified that the standards applied to gas well drilling and production
in the city limits.
#11 - Section 35.22.6.D - regarding gas well development site plan and watershed protection
plan - deleted the second sentence because it did not fall under the heading of "criteria for
approval".
412 - Section 35.22.10.I - expiration of gas well permit - revised language to provide delineation
between the issuance of permits by the City and Texas Rail Road Commission.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Laura Anderson, Devon Energy - opposed
Wendy Wharton, Devon Energy - opposed
Randy Parker, Devon Energy - opposed
Becky Escott, Encana Oil and Gas - opposed
Sharon Cook, Encana Oil and Gas - opposed
Mayor Burroughs asked Ms. Cook if Denton's fee schedule was unique or did other cities have
similar fee schedules.
Cook stated that she couldn't speak with all cites but she was familiar with Benbrook and Fort
Worth. Their fee was $500 per year.
Katie Lichtsteiner, Encana Oil and Gas - opposed
Larry Reichhart, 1603 E. Windsor, Denton, 76209 - opposed
Robert Miklos, K L Gates representing Devon and Encana - opposed
Gilbert Horton, representing Devon Energy - opposed
Martin Garza, K L Gates - opposed
Elma Walker, 9805 Grandview, Denton, 76210 - spoke in favor.
The Mayor closed the public hearing.
Mayor Burroughs stated that Council, as citizen volunteers, addressed very complex issues and
often replied on city staff to guide them and also on third parties for outside information. These
issues were in many ways new and it was not easy to address these issues. Council knew that the
issue would be coming back and that parts of it would need revisions. They would continue to
do so as they worked through all of the issues and concerns raised by the public and by third
parties.
Mayor Pro Tem Kamp stated that Council had spent numerous hours on this issue, listening to
citizens and outside agencies. This was the first step for this ordinance. Staff had provided them
with a list of suggestions for minor corrections which were mostly editorial in nature. She
City of Denton City Council Minutes
August 17, 2010
Page 19
motioned to pass the ordinance as written and to include the minor corrections as noted per staff
plus provide a definition of site specific authorization.
Mayor Burroughs noted that this ordinance made amendments to the previous ordinance passed
by Council.
Council Member Gregory seconded the motion and indicated that this ordinance was a product
of issues expressed by citizens and others which the Council was trying to address. He
suggested another definition be included for an opaque masonry wall.
Council Member Heggins stated that Council was listening with the intent to hear.
Council Member Watts asked about a procedure question in regards to the minor corrections that
were editorial in nature. He questioned if there was a need to read those into the record or
display them on the overhead for people to see.
City Attorney Burgess stated that those could be shown if Council desired.
Cunningham displayed the corrections on the overhead.
Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance
with the minor editorial corrections as noted by staff. On roll call vote, Council Member Watts
"aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory
"aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs
"aye". Motion carried unanimously.
Resolution R2010-032
C. Hold a public hearing and consider approval of a resolution accepting the recommendations,
implementation strategies and methodologies proposed in the Downtown Implementation
Plan for the Downtown area, generally located south of Parkway and Withers Streets, north
of Sycamore Street, east of Carroll Boulevard, and west of Frame and Exposition Streets;
and providing an effective date. (SI10-0001). The Planning and Zoning Commission
recommends approval (6-0) with conditions.
Mark Cunningham, Director of Planning and Development, reviewed the area encompassing the
DTIP. He indicated that public involvement included 9 Downtown Task Force meetings; 60
stakeholder interviews; 2 public meetings; online resources such as surveys, agendas, and drafts;
Developer's Committee meetings; a Planning and Zoning Commission work session and public
hearing. Elements of the Plan included a parking strategy; parks, recreation and open space;
complete streets; architecture standards; implementation strategies; and supporting components
such as a solid waste plan and Quakertown Park. Recommendations for funding mechanisms
included a Tax Increment Finance District, a Public Improvement District and grants. He
indicated that the Planning and Zoning Commission had recommended approval with the
conditions that Quakertown Park be removed from the Plan and language be added regarding
solid waste collection within the downtown area.
City of Denton City Council Minutes
August 17, 2010
Page 20
Rick Leisner, consultant with Jacobs, reviewed the components of the plan which included
current events in Denton and downtown; goals and public participation; elements and
recommendations; and implementation. A significant amount of growth was expected for the
North Texas area. He noted that DCTA would play a significant role and must be planned for in
the future.
Denton public transportation was important as was transit-oriented development. The type of
development that sustained value was reviewed. The city needed to focus on development
standards to sustain suburban development. Project goals for the Downtown core included (1) the
Downtown should be a vital part of Denton's economy, (2) Downtown should be a source of
civic pride, (3) Downtown should have residents, offices, shops, and entertainment; (4)
developments and infrastructure should reinforce the sense of Downtown as having a single
neighborhood; (5) Downtown should contain a variety of things to do, (6) Downtown should be
pedestrian friendly and an enjoyable place to walk, (7) Downtown should have linked parks and
open spaces, and (8) new developments should increase the overall quality of Downtown. Public
participation included stakeholder interviews, Downtown Task Force meetings, two public
meetings, DTIP webpage, Planning Department outreach and DRC newspaper articles.
Recommendations for the parking strategy were reviewed and included increased on-street
parking, establishment of shared parking program, enlarged public parking lots, creation of
wayfinding signage network for parking, establishment of a cash-in-lieu parking program and
early action parking projects. Supporting items for parking would include a wayfinding signage
program, special events parking, and an education program.
The Park, Recreation and Open Space strategy was discussed with priority recommendations of
increased on-street parking and the creation of music and fine art spaces. A Quakertown Park
concept plan was developed and had been revised in response to the vision for Downtown.
Zones to be developed in the park areas included urban open space, neighborhood components
and regional areas. A suggestion had been received regarding closing the Civic Center pool and
finding a suitable location for a new pool with the purpose of building an amphitheater in the
area.
Complete Streets Strategy components included safe efficient streets for vehicular movement;
safe, pleasant and wide pedestrian walkways for citizens, shoppers and tourists; safe routes for
bicycles on the street; and abundant parking along streets. Priority recommendations included
adopting DTIP street standards for Downtown; modify the city Mobility Plan to include
Downtown street standards; implement Hickory Street "Grand Street" project; implement "Mews
Street" program for parking, safety and waste removal; and implement early action street and
mobility items.
Bicycle Mobility Strategy centered on a seamless connectivity concept. There should be
dedicated bike lane/complete street concept where Sycamore Street would become a "complete
street" with bike lanes and sidewalks. Shared travel lane would create a marked shared lane
environment through the core along Elm and Locust and city-owned park land and should be
considered for future trail links to the TWU campus.
Architectural Design Guidelines would look at the top, middle and base components. Defining
quality, place and architectural design elements would be involved. A LEED rating goal would
be established for all new development in the Downtown area.
City of Denton City Council Minutes
August 17, 2010
Page 21
Solid Waste Strategy was recommended for two phases. Phase One would screen 100% of the
containers in the Square District. Containers would be grouped together with a new pickup
schedule. A pilot program would evaluate locations and service. Phase Two would establish a
broad downtown recycling program and create a downtown recycling center. Part of the Solid
Waste Strategy was the sharing of dumpsters.
Form Based Code for Land Use would help establish future land use in the document. The
Implementation Strategy would be a coordinated schedule to detail implementation projects and
programs targeted to a specific area, defining comprehensive linkage with other elements.
Council Member Gregory stated that he was not sure the recommendations for the streets would
fit.
Leisner stated that there were many recommendations they were are looking at for building or set
back line for new development.
Council Member Gregory stated that one component was making Sycamore Street the bike route
from the Transit Center to UNT. He had measured Sycamore Street from curb to curb and found
it was 30 feet in some section, 40 feet in another section and 34 feet in yet another. The plan
called for curb to curb of 48 feet which meant taking out property on each side. He did not think
that would happen due to the relocation costs of sidewalks, etc.
Leisner stated that right now they were working with existing right of way. They were adding
pavement to create parking on both sides and find the setback lines. Only existing property
owners or new development could move a building back to create a wider pedestrian sidewalk.
Improvements would occur during the redevelopment process.
Council Member Gregory felt that somewhere in the street area, the text should indicate that this
was a concept plan and currently the rights of ways allowed in the streets were not wide enough
as shown in plan. This was a concept and not something that could be committed to.
Leisner stated that language could be added. They were trying to create an environment that
fostered extended movement of pedestrians, movement of transit and needed to accommodate
pedestrians in the downtown area. The progression would be to go from the master plan
document to the detailed survey to look at dimensions on the streets.
Council Member Gregory stated that he wanted it clear that this was a vision and not a guarantee
on how it would be built.
Council Member Watts agreed that this resolution was a concept and not a guarantee to build as
presented.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Larry Reichhart, 1600 Windsor Drive, Denton, 76209 - in support
Alex Payne, 923 Ridgecrest, Denton, 87205 - in support
City of Denton City Council Minutes
August 17, 2010
Page 22
Katie Trice, 921 North Carroll, Denton
Gilmore Morris, 2005 Bowling Green, Denton
Steve Stone, 6327 Freeman Road, Krim
Linnie McAdams, 1120 Kendolph Drive, Denton
The Mayor closed the public hearing.
Council Member Engelbrecht noted that this proposal was a resolution and not an ordinance. It
was accepting the recommendations for strategies on how to move forward in the downtown
area.
Mayor Burroughs stated that some components could be done fairly quickly and some may take
years. Others may never be done due to unexpected situations. This was a give staff direction
document.
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to approve the
resolution. On roll call vote, Council Member Watts "aye", Council Member King "aye",
Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution of the City Council of the City of Denton, Texas placing a
proposal on the September 21, 2010, City Council public meeting agenda to adopt a 2010
Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two
public hearings on a tax increase to be held on September 7 and September 14, 2010 and
calling a budget public hearing on the Fiscal Year 2010-11 Annual Program of Services of
the City of Denton to be held on September 7, 2010; requiring publication of a notice of the
public hearings in accordance with the law; requiring the posting of the notice of the public
hearings on a tax increase on the City's Internet website; requiring the posting of the notice
on the City's public access channel; and providing an effective date. (Required only if tax
rate is proposed to exceed the effective tax rate.)
Mayor Burroughs stated that this item was on the agenda for a time deadline if Council wanted
to increase the tax rate over the effective tax rate. Council had given staff direction that the tax
rate would not be set over the effective tax rate so the resolution would not be considered.
The following speaker cards were submitted for this item:
Ken Gold, 2512 Natchez Trace, Denton, 76210
Mike Tucker, 7160 Michael Road, Sanger, 76266
Comment cards were submitted by:
Charles Howell, 6490 E. Wolfe Rd., Ponder, 76259
Stan Gertz, 4913 Cedar Springs, Dr., Fort Worth, 76179
Lisa Parker, 204 Buckingham Drive, Denton, 76209
City of Denton City Council Minutes
August 17, 2010
Page 23
Council Member Heggins stated she was not in favor of cutting staffing at the Fire Department
and service by the Fire Department.
Mayor Burroughs stated that this not an issue of staffing but an overtime issue for the Fire
Department. The amount of overtime dollars for the Fire Department was very large and there
must be some control over discretionary overtime. He had asked staff to consider a floating
fulltime person rather than time and a half person. The issue did not involve the tax rate to do so.
Council Member Watts stated that this was a struggle to consider as there was no clearly defined
policy on the issue. He felt some brainstorming needed to be done to see what could be done.
The struggle was with two engines that were manned with 4 people per engine. It was being
suggested to use two additional individuals as floaters so overtime would not have to be paid. It
was an ideal goal to have all four member engines but that there was the necessity to stay on
point.
Jon Fortune, Assistant City Manager, pointed out that all city departments were asked to cut
overtime not just the Fire Department. The impact was $140,000 straight salary time.
Council Member Gregory stated that he was frequently approached by citizens for additional
services but when he asked them if they wanted to pay additional taxes for those services, they
did not. There were also those groups of citizens who wanted to reduce taxes but who didn't
want to reduce any services they used.
Ordinance No. 2010-197
B. Consider adoption of an ordinance terminating an Economic Development Program
under Chapter 380 of the Local government Code for making grants of Public
money to promote economic development and to stimulate business activity in the
city of Denton; terminating an Economic Development Program Grant Agreement
with SFT Industrial, Ltd. Regarding the development of approximately 94 acres of
land generally located on the west side of I-35W approximately 3/4 mile south of
Airport Road within the O.S. Brewster Survey, Abstract No. 56 and the Thomas
Daugherty Survey, Abstract No. 357 in the City of Denton, Denton County Texas;
authorizing the expenditure of funds therefor; and providing an effective date. The
Economic Development Partnership Board recommends approval (6-0).
Linda Ratliff, Director of Economic Development, stated that this item was the termination of
the Economic Development Program Grant Agreement with Granite Properties. This was being
done at their request to facilitate the sale of one of their buildings and to pass the incentive grant
payment to a company who would be purchasing the property. The term of the agreement was
ten years with three years of incentives.
Council Member Gregory motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote, Council Member Watts "aye", Council Member King "aye",
Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
City of Denton City Council Minutes
August 17, 2010
Page 24
Ordinance No. 2010-198
C. Consider adoption of an ordinance establishing an Economic Development Program
under Chapter 380 of the Local Government Code for making grants of public
money to promote economic development and to stimulate business activity in the
City of Denton; approving an Economic Development Program Grant Agreement
with Grand Mesa, LLC, regarding the renovation of a 152,000 square foot building
and 36.026 acres of land generally located on the west side of I-35W in the Granite
Point Business Park in Denton, Texas; authorizing the expenditure of funds
therefor; and providing an effective date. The Economic Development Partnership
Board recommends approval (6-0).
Linda Ratliff, Director of Economic Development, stated that this was a companion item with
the former agreement. Grand Mesa was purchasing the property for their client and will renovate
and equip the building to meet their client's needs. The agreement indicated that a minimum
threshold of 80 jobs with an average wage of $45,000 per year was necessary to receive any
payments. If there was less than the minimum threshold of 80 people or provided an average
wage of less than $45,000, the grant payment would be reduced by the percent decrease the
actual employment or actual wage bore to the thresholds set within the agreement. If this
agreement were approved, Grand Mesa would go back to its client to determine if they wanted to
locate in Denton.
Council Member Watts asked about the threshold number of employees or average wage. There
could be a scenario where a higher wage versus the number of employees.
Ratliff stated that the language was "and" so both thresholds had to be met.
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance.
On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member
Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
D. Consider appointments to the following boards and commissions:
1. Human Services Advisory Committee
2. Library Board
3. Zoning Board of Adjustment
4. Texas Municipal Power Agency Board
Council Member Engelbrecht nominated Carol Coulter to the Library Board.
Mayor Pro Tem Kamp nominated Billy Cheek to the TMPA Board of Directors.
City of Denton City Council Minutes
August 17, 2010
Page 25
Council Member King motioned, Council Member Engelbrecht seconded to approve the
nominations. On roll call vote, Council Member Watts "aye", Council Member King "aye",
Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
E. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Jennifer Lane regarding a bad experience with the justice system.
Ms. Lane presented information on a traffic accident she had while riding her bicycle and the
resulting incidents at Municipal Court.
Council Member Engelbrecht asked about the pedestrian signal where the pedestrian button was
relative to where Ms. Lane would have crossed the road.
Lane described where the lanes were located in connection to the pedestrian button.
Council Member Engelbrecht stated that Ms. Lane had indicated that she had gone back and
checked the timing of the light and had a video of amount of time light was green.
Lane stated that she had a video of the timing of the light.
Council Member Engelbrecht asked how long it took to get across the intersection.
Lane replied 8-10 seconds.
Council Member Gregory asked Ms. Lane if she had been in other cities with cycling
experiences.
Lane stated that she had been cycling in several other cities. Some cities had stop sign and lights
for cyclists which were yields so as to not hamper the flow of traffic after the light turned green.
Council Member Gregory asked for a review of the problem with the justice system
Lane stated that she could not get a date to attend court. Only one continuance was allowed per
side. She wanted to come early for Court as she was performing out of town but could not get a
court date. She made the decision to honor the prior commitment and took no contest for the
ticket. She felt someone in Denton could only have justice only he/she worked 8-5 and didn't go
out of town.
City of Denton City Council Minutes
August 17, 2010
Page 26
B. Josh Butler regarding Denton Public Access Television.
Mr. Butler presented a proposal to combine Texas Filmmakers with the public access channel.
He suggested using the Denton Open Media model for the public access channel.
C. Dale Branum regarding Denton Public Access Television.
Mr. Branum spoke about public access channel and his support for the Texas Filmmakers
proposal.
D. Theresa Westbrook regarding Denton Public Access Television.
Ms. Westbrook, representing the Christian community, spoke on the two proposals being
considered from UNT and Texas Filmmakers.
E. Donna F. Woodfork regarding Denton Public Access Television.
Ms. Woodfork presented a proposal for the use of the peg fees for the public access channel. She
also questioned how the Council concluded that 100% of the peg dollars would only be used for
DTV. She felt the peg fees should be shared with the community access channel.
F. John Paul Eddy regarding Denton Public Access Television.
Dr. Eddy voiced his support for the proposal from the Texas Filmmakers.
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 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 Gregory asked for a work session on the change from Charter on the public
access channel.
Council Member Gregory asked for a staff report regarding the timing of the green light at the
intersection of Malone and University.
City of Denton City Council Minutes
August 17, 2010
Page 27
Council Member Watts requested a report on the peg fees.
Council Member Engelbrecht had the same comment on the public access channel.
Council Member Engelbrecht requested timing cycles for every day at every hour want for
University and Fulton and University and Alice Street. He requested complete data on the cycles
and whether there were any guides with regard for minimum time in regards to the width of
intersections.
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting Items.
With no further business, the meeting was adjourned at 10:32 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS