October 5, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES
October 5, 2010
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, October 5, 2010 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Watts, Council Member King, Council Member Heggins, Council
Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor
Burroughs.
ABSENT: None.
1. Requests for clarification of agenda items listed on the agenda for October 5, 2010.
Council Member Watts questioned Consent Agenda Item B which was the reallocation of CIP
funds to Hickory Street. He asked why staff was asking for this transfer.
Linda Ratliff, Director of Economic Development, stated that the request was for funds from all
three surrounding streets including Austin Street for $2.7 million. This was a rough estimate for
the constriction of Hickory with the intention that any remaining funds to go back to one of the
three streets.
Mayor Burroughs asked about Consent Agenda Item D, uniform purchase. File 4584 was not
about uniforms.
Karen Smith, Purchasing, stated that there was a different numbering system not relative to the
bid number for Exhibit A.
Mayor Burroughs clarified that the item was just for uniforms and nothing else.
Smith replied correct.
Mayor Burroughs asked about Consent Agenda Item E and using a local preference for awarding
the bid. Item 14A showed that a Dallas company was awarded the bid but the lowest bid was a
Denton bidder. He questioned why the local preference consideration was not used.
Smith stated that the local preference was used for a total contract and not on individual items.
Council Member Gregory asked about a time frame for constriction for Consent Agenda Item A.
Jim Coulter, General Manager-Water Administration, stated that the actual constriction of the
project would probably start after school was out for the summer.
Council adjourned into Closed Session at 4:15 p.m. to consider Item IAl.
1. Closed Meeting:
A. Consultation with Attorney -Under Texas Government Code Section 551.071.
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October 5, 2010
Page 2
1. Receive a briefing from City's attorneys and hold a discussion, pursuant to
Section 551.071 of the Texas Government Code, of legal issues associated
with the expiration of the City's agreement with Charter Communications
regarding a public, educational, or governmental (PEG) cable television
channel and the potential award of an agreement for the operation of a PEG
channel to a new operator where public discussion of this legal matter would
clearly conflict with the duty of the city's attorneys to the governmental
body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
Council returned to Open Session at 5:40 p.m. to consider the remaining Work Session Items.
2. Receive a report, hold a discussion and give staff direction regarding the operation of the
public access channel beginning January 1, 2011.
Billy Matthews, Cable TV Manager, stated that the Overview and Purpose of his presentation
would be to present information on (1) the history and timeline of the cable franchise in Denton,
(2) the history and timeline of PEG subscriber fees, (3) the history and financials of the PEG
fund, (4) public access in other cities, (5) outline the staff process, (6) discuss the proposals, and
(7) next steps needed.
The term PEG stood for public access channels, educational access channels, and governmental
access channels. PEG channels were not mandated by federal law with the right for the channels
given to the franchise authority. The requirement for the channels must be set out in the
franchise agreement. The City had five PEG channels which included the Denton DTV channel,
the Access channel, TWU channel, NTTV channel and the DISD channel. He reviewed the
history and timeline for the creation of the access channels and the associated wording from the
franchise agreement. Currently all three cable providers collected the PEG subscriber fee. The
City's fee was $.50 per subscriber per month. The FCC restricted the use of the PEG subscriber
fee to only be used to acquire additional PEG production equipment, capital and other PEG
purposes.
Matthews reviewed the PEG revenues and expenses since 2004 to present. He noted that the
PEG subscriber fee revenue average over the last two fiscal years was $137,748. Some of the
uses of the fees included the DTV Control Room, fiber optics, broadcast equipment, studio,
cameras, monitors, recorders, audio, lighting, editing stations and maintenance. The ten year
PEG revenue forecast was reviewed versus the cost of each proposal.
The City's options included (1) allowing the public access channel to go "dark" and cease
operations at the end of the current local franchise agreement on January 1, 2011. Once the City
vacated a PEG channel, cable operators would no longer be required to provide a public access
channel at a later date. (2) Assuming the responsibility for the public access channel. This
option would not include building a studio or producing any programs for the public. It would
be an automated playback channel only. (3) Entering into an agreement with a third party to
operate the City's public access channel. While the City could assist with the capital and
equipment associated with the PEG channel, this option would not include additional general
funds or staff.
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October 5, 2010
Page 3
Staff began working on this issue in March and had received proposals from the Texas
Filmmakers and Mayborn School of Journalism at UNT. Staff criteria for evaluation of the
proposals included legal consideration, economic consideration, facility, accessibility, and
processes. Staff was recommending the Mayborn School of Journalism to operate the Denton
public access channel effective January 1, 2011. The City would use PEG funds for capital
expenditures including equipment, and the Mayborn School would handle the operations. No
city General Fund money would be needed, and the channel would be preserved. Staff was
requesting direction on how to proceed with a target date for an agreement no later than the first
Council meeting in November. He indicated that if the Mayborn proposal was selected, they
would finish a studio at their expense and the City could provide equipment, a fiber optic line,
studio cameras and prompters. An individual would call to schedule a time produce a show, tape
the program, edit it down as needed and get it ready for automated playback.
Mayor Pro Tem Kamp asked what would happen to left over peg funds.
Matthews indicated that it could be used to purchase equipment and/or provide grant funds.
Mayor Pro Tem Kamp stated that the First United Methodist Church was the only entity with a
live feed. She asked how that would work with both proposals.
Matthews indicated that programming was secured in both proposals. Charter had an automated
switch for the programming which would be in place regardless of who was running the channel.
Council Member Gregory stated that one proposal called for using 92% of annual PEG funds and
the other only 12% but use funds to upgrade equipment, to broadcast council meetings, Planning
and Zoning Commission meetings, etc. He questioned what percentage would be needed for
anticipated upgrades, replacement of equipment.
Matthews stated that if more than 90% of the funds were granted, money would be needed from
the General Fund for city business.
Council Member Gregory asked about the legal limitations for use of the PEG funds.
Matthews stated that they could be used for any type of television equipment. They could not be
spent on such things as people, operational costs, or utilities.
Council Member Gregory stated that with either proposal, if PEG funds were used for a building
or equipment, that building or equipment could only be used for PEG purposes. He questioned
how that would be ensured.
Matthews stated that in the case of the Mayborn proposal, the City would buy the equipment and
the vendor would install it on site. The City would have overview in that process. The Texas
Filmmakers proposal called for granting of funds to them which would be harder to oversee.
Council Member Gregory asked about a building funded with PEG funds or a studio with PEG
funds and possible use for non-PEG activities.
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October 5, 2010
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City Attorney Burgess stated that PEG funds must be used for PEG purposes. The money must
be spent on capital expenditures or costs. If not for those purposes, then there would be a dollar
for dollar offset penalty from the 5% franchise fee. Capital costs did not include salaries. It was
for equipment but not operational issues.
Council Member Watts stated that the Mayborn proposal included building a studio for the
public to use and also talked about equipment in the studio with PEG funds available to the
public and UNT students associated with the school.
Matthews stated that the Mayborn proposal would allow UNT to produce a newscast for the
public access channel which would give an outlet for their news.
Council Member Watts verified that a newscast by UNT on the channel was permissible.
Matthews replied correct.
Council Member Gregory asked about a situation where an individual in the city made his own
show and in the course of filming, made liable comments about his neighbors. According to the
two proposals would both providers just take film and run it or what would happen.
Matthews stated that one proposal had checks and balances for reviewing materials while the
other did not. Council would have to weigh in as a gatekeeper. The FCC was very clear on what
was acceptable.
Mayor Burroughs asked about projected uses for the PEG fees for the next ten years.
Matthews stated that in the current budget there was equipment scheduled to be purchased.
Unused PEG fees could be granted to other PEG entities in the city.
Mayor Burroughs stated that in one proposal, all the PEG funds would be obligated for a 10 year
period but not so with the other proposal. He questioned if there were already intended uses for
the PEG funds and would the higher obligation interfere with any projected uses going forward.
Matthews replied that the proposal with 90% usage of the PEG fees would affect future plans for
the funds. There was ongoing maintenance, an editing of the system this year and a
recommendation for grants to other PEG channels in the future.
Mayor Burroughs asked about the control for the look of the channel. One concern he had heard
was that if the Mayborn School's proposal was accepted, the channel would look like a
university channel and would lose the identity of an access channel.
Matthews replied that it would be the city's channel and only operated by the Mayborn School.
Mayor Burroughs asked if the Mayborn School were chosen as the primary operator, would there
be a limitation to Council to consider other proposals for a remote access production facility to
produce shows and provide them to the Mayborn School.
Matthews stated that it would be the City's channel and that could be done.
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October 5, 2010
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Mayor Burroughs asked about the contract length of the Mayborn School as the other proposal
was a ten year proposal.
Matthews stated that the Mayborn School proposal was for three years with a six month out
clause if needed.
Council Member Engelbrecht asked about video production issues. He questioned how to keep a
handle on people who became frustrated with the system and walked away. He asked if there
would be a stricture to find out how many people might not be satisfied with the provider.
Matthews stated that Mayborn School had a board with citizen stakeholders plus also other
checks and balances.
Mayor Burroughs asked if it could be built into the contract that all complaints about the PEG
channel would be forwarded to the city.
Matthews replied it could be done.
Council Member Engelbrecht asked if there could be some type of required notification to
anyone into the studio, that this was a city channel and to call the city with a problem.
Matthews stated that could be done.
Mayor Burroughs asked what type of direction staff needed.
City Manager Campbell stated that staff would proceed with the proposed recommendation and
bring back the appropriate documents for council consideration. They would take into
consideration the comments made at this meeting
Council returned to the Closed Session at 4:55 p.m. to consider the following:
A. Consultation with Attorney -Under Texas Government Code Section 551.071.
2. Consultation, discussion, deliberation, and receipt of information from the
City's attorneys regarding contemplated litigation with Denton County
Electric Cooperative, Inc. d/b/a CoServ Electric and CoServ Gas, Ltd.
relating to disputes concerning franchise issues, where 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.
Receive a status report regarding the litigation entitled: The University of
North Texas, Appellant v. The City of Denton, Texas, Appellee, Cause No.
02-09-00395-CV, now pending before the Fort Worth Court of Appeals; and
discuss, deliberate and provide the City's attorneys with direction and any
recommendations regarding such legal matter. A public discussion of this
legal matter would conflict with the duty of the City's Attorneys to the City
Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
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October 5, 2010
Page 6
B. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071; Deliberations Regarding Certain Public Power Utilities: Competitive
Matters - Under Texas Government Code Section 551.086.
Mayor Pro Tem Kamp motioned, Council Member Gregory 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.
1. Discuss, deliberate, and receive information from Staff and provide Staff
with direction pertaining to the acquisition or the condemnation of
permanent and temporary constriction easement tracts for the Jim Christal
Double Circuit and Combined Heat and Power projects, the location of
which being north and west of the Denton Municipal Airport area in the City
of Denton, Denton County, Texas. Consultation with the City's attorneys
regarding legal issues associated with the acquisition or condemnation of the
tracts referenced above where a public discussion of these legal matters
would conflict with the duty of the City's attorneys to the Denton City
Council under the Texas Rules of Disciplinary Conduct of the State Bar of
Texas, or would jeopardize the City's legal position in any administrative
proceedings or potential litigation.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
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. United Way Proclamation
Mayor Burroughs presented a proclamation for United Way.
2. Fire Prevention Week
Mayor Burroughs presented a proclamation for Fire Prevention Week.
3. White Cane Day
City of Denton City Council Minutes
October 5, 2010
Page 7
Mayor Burroughs presented a proclamation for White Cane Day.
3. CONSENT AGENDA
Speaker cards were submitted by Bob Clifton, 1800 Morse, Denton, 76205 for Consent Agenda
Items B, C, L and M.
Mayor Pro Tem Kamp motioned, Council Member King seconded to approve the Consent
Agenda and accompanying ordinances and resolution including the amended ordinance provided
during the Work Session. 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 No. R2010-036
A. Consider approval of a resolution of the City Council of the City of Denton, Texas
accepting the recommendations made by the Citizens Advisory Oversight Committee
appointed by the City Council on April 19, 2005, regarding the five-year capital
improvements program, respecting the reallocation of funding of street improvements from
the FY 2007-2008 miscellaneous roadways, the FY 2008-2009 miscellaneous roadways,
and from the 2008-2009 sidewalk installations funds to the Paisley Street extension project;
and providing an effective date.
Resolution No. R2010-037
B. Consider approval of a resolution of the City Council of the City of Denton, Texas
accepting the recommendations made by the Citizens Advisory Oversight Committee
appointed by the City Council on April 19, 2005, regarding the five-year Capital
Improvements Program, respecting the reallocation of funding of street improvements from
Walnut Street and Pecan Street to the Hickory Street Grand Project; and providing an
effective date ($1,777,970).
Ordinance No. 2010-243
C. Consider adoption of an ordinance authorizing the City Manager to execute Amendment
No. 1 to amended lease agreement between the City of Denton ("City") and the Denton
County Transportation Authority ("DCTA"), amending that certain amended lease
agreement, dated on or about September 18, 2007, by and between the City and DCTA,
related to the lease of parking spaces located at the Williams Trade Square; and providing
for an effective date. The Mobility Committee recommends approval (3-0).
Ordinance No. 2010-044
D. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative Purchasing
Network (Contract# 340-10) for the acquisition of uniform purchase and rental for City
employees by way of an Interlocal Agreement with the City of Denton; and providing an
effective date (File 4584-Employee Uniform Rental and Purchase awarded to G&K
Services in the annual estimated amount of $200,000).
City of Denton City Council Minutes
October 5, 2010
Page 8
Ordinance No. 2010-245
E. Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the purchase of soil, sand, aggregate and lime for various City departments;
providing for the expenditure of funds therefor; and providing an effective date (Bid 4564-
Annual Contract for Soil, Sand, Aggregate and Lime awarded to the lowest responsible
bidder meeting specification for each item in the annual estimated amount of $2,000,000).
Resolution No. R2010-038
F. Consider approval of a resolution appointing members to the Board of Directors of the
North Texas Higher Education Authority; and declaring an effective date.
Ordinance No. 2010-246
G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Second Amendment to Agreement for
Professional Legal Services with Michael J. Whitten & Associates formerly known as The
Whitten Law Firm, P.C. for professional legal services relating to litigation entitled: The
University of North Texas, Appellant v The City of Denton, Texas, Appellee, Cause No.
02-09-00395-CV, now pending before the Fort Worth Court of Appeals; authorizing the
expenditure of funds therefor; providing for retroactive approval thereof, and providing an
effective date.
Ordinance No. 2010-247
H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute an agreement between the City and Fred Moore Day Nursery School to
provide Community Development Block Grant funds for improvements to the facility at
821 Cross Timber Street, Denton, Texas; authorizing the expenditure of funds therefor, not
to exceed $120,400; and providing for an effective date.
Ordinance No. 2010-248
L Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
approving a funding agreement between the City of Denton and the Denton Affordable
Housing Corporation; providing for the terms of said contract; authorizing the City Manager
to execute the agreement and to expend Home Investment Partnership Program funds with
respect to the agreement; and providing for an effective date.
Ordinance No. 2010-249
J. Consider adoption of an ordinance finding that a public purpose and necessity exists and
finding that public welfare and convenience requires the acquisition through agreement or
eminent domain of an approximate 0.787 acre utility easement, and a 1.431 acre temporary
constriction easement for the relocation and installation of municipal utilities relating to the
Jim Christal Double Circuit, and the Combined Heat and Power utility projects situated in
the John Scott Survey, Abstract Number 1222, City of Denton, Denton County, Texas;
authorizing the expenditure of funds therefor; and providing an effective date. The Public
Utilities Board recommends approval (6-0).
City of Denton City Council Minutes
October 5, 2010
Page 9
Approved the minutes listed below.
K. Consider approval of the minutes of. August 10, 2010 August 17, 2010 September 7, 2010
September 14, 2010 September 21, 2010
Ordinance No. 2010-250
L. Consider adoption of an ordinance approving an employment agreement for the City
Manager and authorizing the Mayor to execute said agreement setting the compensation and
terms of that employment; authorizing expenditures and actions; and providing an effective
date.
Ordinance No. 2010-251
M. Consider adoption of an ordinance approving an employment agreement for the City
Attorney and authorizing the Mayor to execute said agreement setting the compensation and
terms of that employment; authorizing expenditures and actions; and providing an effective
date.
Ordinance No. 2010-252
N. Consider adoption of an ordinance approving an amendment to the easement agreement for
joint driveway access by and between the City of Denton, Denton Independent School
District and Teasley Commons, LTD. related to the appropriation of additional easement
area for driveway widening purposes; and providing an effective date. (South Branch
Library, Fire Station No. 6, and Sam Houston Elementary bus loop - 3200 block Teasley
Lane)
4. PUBLIC HEARINGS
Ordinance No. 2010-253
A. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, approving a Detailed Plan to allow a public park located on 15378 acres
within the Preserve Planned Development District (PD 132), generally located south
of Lakeview Boulevard and north of the existing Denton Branch Rail Trail; and
providing for a penalty in the maximum amount of $2,000.00 for violations thereof,
severability and an effective date (Z10-0008). The Planning and Zoning
Commission recommends approval (7-0).
Mark Cunningham, Director of Planning and Development, stated that this proposal was a
detailed plan associated with the Preserve at Pecan Creek Planned Development to permit the
transfer of ownership of an existing 1538 acre park from the Homeowners Association to the
City of Denton. The property was located in the Preserve Planned Development with a future
land use of Neighborhood Center. The Planning and Zoning Commission and the Development
Review Committee both recommended approval.
Mayor Burroughs noted that some opposition was due to late mailing notices.
City of Denton City Council Minutes
October 5, 2010
Page 10
Ron Menguita, Planning Supervisor, stated that the Planning staff had received information that
two notices were received late by the homeowners. He indicated that there was a sign up for
three to four weeks about the proposal. Staff had notified the community in the appropriate time.
Mayor Burroughs stated that there were complaints that the sign was not placed in a prominent
location.
Menguita stated that the sign was posted in the best possible location due to the ongoing
constriction on the Rail Trail.
Council Member Gregory asked if the land being transferred to the City was part of the park
dedication process.
Menguita stated that it was above and beyond what the developer would be required to dedicate.
Bob Tickner, Parks Planning Administrator, stated that a site with 1700 homes would have been
required to dedicate 10 acres. This development was not completely built out and the City had
already received over 10 acres. This portion had long been planned for as a dedication to the City
and was above the required acres of the developer.
Council Member Gregory asked who would be paying for the pedestrian access bridge.
Tickner stated that it would be funded from Park Development fees that had been collected from
the two multi-family portions of the development and the lots on the south side.
Council Member Gregory asked if there would be any other improvements or amenities to the
park.
Tickner stated that the property was located in the flood plain and the developer had built trails
throughout the area.
Mayor Burroughs asked if there were plans for parking in the area.
Tickner stated that there was no parking planned for the park. Citizens could park at the nearby
school. He indicated that the park would connect to the Denton branch of the Rail Trail.
Mayor Burroughs asked if there would be any facilities such as a playground at the park.
Tickner stated this was a passive park for trails only with no facilities included.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
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
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October 5, 2010
Page 11
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
Ordinance No. 2010-254
B. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas regarding a Concept Plan amendment and a Detailed Plan amendment
(Ordinance No. 2009-302) within the Wheeler Ridge Planned Development District
(PD-176). The Concept Plan contains approximately 9.08 acres and the Detailed
Plan contains approximately 4.05 acres located within the boundaries of the Concept
Plan. The subject site is located at the southeast corner of Teasley Lane (FM 2181)
and Robinson Road; and providing for a penalty in the maximum amount of
$2,000.00 for violations, thereof, severability and an effective date. (PDA10-0003)
The Planning and Zoning Commission recommends approval (5-0).
Chuck Russell, Planning Manager, stated that this was a request for an amendment to the concept
and detailed plans in the Wheeler Ridge Planned Development. The specific purpose of the
proposal was to amend Condition 44 in Ordinance 2009-302 regarding limited access from the
site to Robinson Road. Ordinance No. 2009-302 amended Tract 1 of the concept plan and
approved a detailed plan for a portion of Tract 1 for a storage facility on 4.05 acres. The
previous concept plan/detailed plan was for a proposed self-storage facility. The issue in 2009
was access into and out of the site. The proposed retail development would be comprised of a
convenience store, a fuel station with four fuel dispensers and two underground fuel storage
tanks. Ordinance No. 2009-302 approved two driveway access points onto Robinson Road with
a condition that the western-most access would be prohibited until the City Engineer verified that
the total traffic count exceeded ten thousand trips per day for the development. That condition
was the one the applicant was requesting be changed without providing the traffic count required
to warrant such access. The Planning and Zoning Commission recommended approval subject to
the condition that the western-most access on Robinson Road be granted with the installation of
a traffic signal at the corner of Teasley Lane and Robinson Road.
Council Member Watts questioned whether the western driveway was to be a right-in and right-
out but the presentation did not address that.
Russell indicated that might have involved the Teasley Lane drive and did not involve Robinson
Road.
Council Member Watts questioned if submitted or built, would there be a right-in, right-out only
at that location.
PS Arora, Division Manager-Wastewater Administration, stated that a future median would not
allow a left turn at the site. However, at this time, there was no median.
Council Member Watts questioned if the detailed plan did not show a right-in, right-out and the
plan was approved without it, how could that be required later.
Arora stated that Council could make that a condition for approval.
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October 5, 2010
Page 12
Council Member Watts stated that the plan was to install a suspended signal light at the site.
Arora stated that the suspended signal would probably be installed early next year. A span wire
signal would be used until the expansion of Teasley Lane was completed. The warrants were
there for the signal to be installed.
Mayor Burroughs stated that if the convenience store was not built, the access would already be
there.
Russell stated that the condition, as it currently read, was not specific for development of the
corner but was tied to getting the traffic signal constricted. If the convenience store was not
built, once the signal was installed, access to a driveway would be allowed. The developer
would still have to comply with the detailed plan requirement.
Mayor Burroughs stated that if the convenience store was not built and the detailed plan was
already approved, then anything else would have to come back to Council unless it met the
detailed plan requirements.
Russell stated if the store was not built and a plan submitted for another tract, the developer
would still have to come back to Council.
Mayor Burroughs stated if the detailed plan were approved, the convenience store would have to
be built or Council would see the proposal again whether or not the traffic counts justified the
driveway.
Russell stated that if a substantial change was made to the layout of the detailed plan, it would
have to come back to Council.
Council Member Engelbrecht stated that the western most driveway was a right-in, right-out.
Russell stated that was not a condition but a function of how Robinson Road would be
developed.
Arora stated that the road would be designed with a split for restricted movement. He suggested
that be included as a condition of approval.
Council Member Watts stated that if there was a median at that location there could not be a left
turn but that was a way off until the reconstruction was completed. He questioned if in the
meantime was Robinson Road wide enough put a strip in the middle so there couldn't be a left
turn. He questioned if that could be done now.
Arora stated that there would only be a right-in, right-out.
Russell presented information on 4C. The proposed amendment to the detailed plan would allow
a convenience store with four fuel dispensers and two underground storage tanks. The Planning
and Zoning Commission recommended approval with conditions.
The Mayor opened the public hearing for Items B and C.
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October 5, 2010
Page 13
The following individuals spoke during the public hearing:
James Massey, applicant, spoke in favor. He questioned if development would have to
wait for the completion of the signal before starting constriction.
Mayor Pro Tem Kamp asked if the condition of the signal was acceptable to Mr. Massey.
Massey replied it was.
Council Member Watts questioned if the western drive was a right-in, right-out, where would be
the connecting street.
Massey stated that in the future there would be a hard median at the location but felt it was easier
to not put anything in at this point.
Jeremy Yee, Civil Engineer for the project, indicated he would answer any questions
from Council.
Greg Johnson, 3813 Granada Trail, Denton, 76205 - in support
Council Member Heggins questioned the 10,000 trips for the proposed retail in the area.
Johnson stated that not everything in the development would be retail on Robinson Road. They
were also targeting neighborhood services.
Bob Clifton, 1800 Morse, Denton, 76201- in opposition
The Mayor closed the public hearings
City Attorney Burgess recommended that the Council consider items B and C together.
Council Member Engelbrecht stated that the recommendation was to allow the curb cut with the
installation of the traffic light and the traffic light would be installed by the first of the year.
Russell replied correct.
Council Member Engelbrecht suggested approving the items as presented. In the event an
accident problem started to occur at the western entrance and there was room to install a median,
it should be done as soon as possible.
Arora stated that as part of the platting approval process, an intersection analysis of Robinson
Road and Teasley Lane would be done on the traffic on each lane. That would determine if there
was a need to add additional lanes for traffic.
Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the ordinances for
Items B and C as recommended by the Planning and Zoning Commission.
City of Denton City Council Minutes
October 5, 2010
Page 14
Council Member Watts requested clarification of the motion which was to recommend 4B and C
which included tying the western access point to the traffic signal.
Council Member King and Mayor Pro Tem Kamp agreed that was the motion and second.
Council Member Watts stated that the plan showed the storage facility had an eastern driveway
which would be there when the facility was built. However, it was not there now and there was
no requirement for the storage facility to constrict a connection between the eastern and western
most parts of the development.
Arora stated that was correct.
Mayor Burroughs stated that there was already a turning lane on Robinson to go north. He
questioned if there was enough space to extend a turning lane farther to make a stacking lane for
a left turn into the western most driveway.
Arora stated that there was room to add a lane at this time. The eastern most driveway already
had a left turn lane.
Mayor Burroughs stated that the developer had questioned the starting of constriction in
connection with the timing of the installation of the signal light.
Arora replied that it would depend on their time table for submission. The light would be
completed in the early part of January.
Mayor Burroughs asked if constriction could be initiated before the light was installed.
Arora stated that the signal light should not have an impact on the development.
Council Member Gregory wanted to make sure there was plenty of access in a way that did not
create more traffic problems. He stated that this proposal did not include the provision of
constricting the eastern-most driveway off Robinson Road. He questioned if there was a
connection to the eastern most driveway from the proposed convenience store.
Russell indicated that the final plan approved for the storage facility had a permit issued for that.
The driveway was under constriction now but that did not guarantee connectivity to the
convenience store.
Johnson stated that the applicant would not be in favor of a requirement to connect the southeast
corner of the convenience store lot to the eastern driveway.
Mayor Burroughs stated that the properties which it crossed were not controlled by the
convenience store. Council would be imposing conditions on the seller which would no longer
be the buyer with control over it.
Johnson stated that the storage facility would be required to have the access go all the way
across.
City of Denton City Council Minutes
October 5, 2010
Page 15
Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the ordinances for
Items 4B and 4C. On roll call vote, Council Member Watts "aye", Council Member King "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp
"aye", and Mayor Burroughs "aye". Motion carried unanimously.
C. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas regarding creation of a Detailed Plan to allow a convenience store with fuel
dispensers on property located within the Wheeler Ridge Planned Development
District (PD-176). The proposed retail development is comprised of a 2,940 square-
foot building, a fuel station with four (4) fuel dispensers and two (2) underground
fuel storage tanks. The subject site is located at the southeast corner of Teasley Lane
(FM 2181) and Robinson Road; and providing for a penalty in the maximum
amount of $2,000.00 for violations, thereof, severability and an effective date. (Z10-
0006) The Planning and Zoning Commission recommends approval (5-0).
This item was considered with Public Hearing B and the ordinance was combined with the
ordinance for 4B.
Ordinance No. 2010-255
D. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3)
zoning district classification and use designation to a Neighborhood Residential 1
(NR-1) zoning district classification and use designation on approximately 4037
acres of land located on the west and east sides of Ector Street, between Emery
Street to the north and Sena Street to the south; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability and an effective
date. (SI10-0002) The Planning and Zoning Commission recommends approval (7-
0).
Mark Cunningham, Director of Planning and Development, presented the details of the proposal.
This was a staff initiated rezoning request of 4037 acres containing 39 single family residential
lots. The rezoning request and establishment of the Ector Street Neighborhood Association
directly resulted from opposition to a 2009 variance request to allow two driveways at 805 Ector
Street to Panhandle and replat the lot. A second request for the property proposed to subdivide
via a residential replat, the lot into three lots in excess of 10,000 square feet each that would
share one driveway. Both of those proposals were denied by the Planning and Zoning
Commission. In June, 2009 residents of the Ector Street Neighborhood Association presented a
Citizen's Report petitioning the city to rezone the Roberts Addition from NR-3 to NR-1 to allow
an increase in the minimum lot size from 10,000 square feet to 32,000 square feet, which would
have the effect of preventing the future subdivision of lots along Ector Street. He presented the
general regulations for minimum lot size, minimum lot width, minimum lot depth, and front yard
setbacks. The Planning and Zoning Commission recommended approval.
Mayor Burroughs stated that NR-1 had a minimum lot size of 32,000 square feet. He found that
one of the lots was less than 32,000 square feet. He asked if that lot would be a legal non-
conforming lot.
City of Denton City Council Minutes
October 5, 2010
Page 16
Cunningham stated that was correct.
Mayor Burroughs asked about circumstances where that might be a problem.
Cunningham stated that would put limitations on an expansion. If the home were destroyed by
fire, there would be a limit on how long the owner could wait to rebuild. The lot would be a non
conforming lot but not a non conforming use.
Council Member Watts questioned as this was a city initiated request, could a condition be put in
the ordinance regarding the non-conforming lot so that if something happened to the home on
that lot, an exception would be made.
City Attorney Burgess stated that staff would research it for Council.
Mayor Burroughs stated that if the house burned down, the owner would not be able to rebuild
because the lot would be too small.
Cunningham stated that there would still be plenty of buildable area to rebuild but he was not
sure about the lot size.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Jerry Clark, 1121 Ector, Denton, 76201 - in favor
Jake Hendricks, 1014 Hillcrest, Denton, 76201 - in favor
Comment cards in favor of the proposal were received from:
Lindsay and Marsha Keffer, 815 Ector, Denton, 76201
Catherine Dawson, 1015 Ector, Denton, 76201
The Mayor closed the public hearing.
City Attorney Burgess indicated that the Zoning Board of Adjustment could grant a variance for
rebuilding on the lot should the need ever arise.
Council Member Engelbrecht asked that staff speak to the landowner and recognize the issue of
the lot size being too small.
Council Member Gregory stated that he was in support of the proposal and hoped something
could be worked out with the one lot. He suggested the minutes reflect that the Council was
concerned that the home could be rebuilt if something ever happened to the home on the lot that
was under the minimum size.
City Manager Campbell stated that he would write a letter to the homeowner and note that the
Council would work on the building lines if necessary.
City of Denton City Council Minutes
October 5, 2010
Page 17
Council Member Engelbrecht 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.
Ordinance No. 2010-256
E. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas designating a certain area within the city limits of Denton as Target
Corporation Reinvestment Zone IX for commercial/industrial tax abatement;
establishing the boundaries of such Zone; making findings required in accordance
with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating
thereto; providing a severability clause; providing for repeal; and providing an
effective date.
Linda Ratliff, Director of Economic Development, stated that she would be speaking on this item
and on Item 5A. The Tax Code required that businesses that receive tax abatements must be
located within a reinvestment zone, a designated area where economic development was
encouraged. City Council's adoption of the ordinance establishing the reinvestment zone would
allow Council to consider a tax abatement agreement with Target Corporation. The company
planned to constrict a distribution center at the site.
The Mayor opened the public hearing.
Bob Clifton, 1800 Morse, Denton, 76201, spoke in opposition.
The Mayor closed the public hearing.
Mayor Pro Tem Kamp motioned, Council Member King 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.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2010-257
A. Consider adoption of an ordinance authorizing the Mayor to execute a Tax
Abatement Agreement with Target Corporation, a Minnesota corporation; setting
forth all the required terms of the Tax Abatement Agreement in accordance with the
terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions
precedent to Target Corporation receiving the Tax Abatement; providing for a
severability clause; and providing an effective date. The Economic Development
Partnership Board recommends approval (6-0).
Linda Ratliff, Director of Economic Development, stated that a revised document had been
provided Council with three minor changes that did not change the incentive. Target
Corporation would be constricting a 400,000 square foot distribution center on the corner of
City of Denton City Council Minutes
October 5, 2010
Page 18
Airport and Corbin Roads. The tax abatement represented five-year abatement at 65% each year
for a total estimated incentive of $1.7 million.
Council Member Heggins motioned, Council Member King seconded to adopt the ordinance
with the updated language changes in the agreement. 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.
B. Continue consideration of adoption of an ordinance of the City of Denton, Texas,
providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning
district classification and use designation to a Neighborhood Residential Mixed Use
(NRMU) zoning district classification and use designation on tracts 256, 257, 258,
260 and 261 of the E. Puchalski survey, with an overlay district on those same
tracts, plus tract 263, containing additional restrictions as noted; the area for the
zoning change encompasses approximately 4.678 acres of land located at the
northeast corner of North Bonnie Brae Street and West Oak Street, in the City of
Denton, Denton County, Texas (Z09-0013) The Planning and Zoning Commission
recommended approval of the rezoning of six (6) of the seven lots from
Neighborhood Residential 3 (NR-4) to Neighborhood Residential Mixed Use
(NRMU) subject to overlay conditions (5-1).
Chuck Russell, Planning Supervisor, stated that this request was a zoning change from RN-3 to
NRMU with consideration being given to a restrictive overlay. The property located at 2286
West Oak was not included in the request. The conditions for approval indicated that prior to
obtaining a final plat, a site plan must be submitted to and approved by City Council. The site
plan must address architecture of the strictures, buffering of adjacent single family property and
prohibition of access from Houston Place. The only permitted use on the property was
professional services and offices and would be limited to no more than 25,000 square feet of
gross floor area per use. Building heights would be limited to 40 feet and/or two stories. A six
foot high solid screen fence would be installed per the requirements of the Denton Development
Code, constricted with steel posts and decorative caps, in the location specified within Exhibit C
of the ordinance. Access to the property would be from Bonnie Brae Street and West Oak Street.
No access would be allowed from Houston Place and Houston Place would not be extended to
become a thri street to Bonnie Brae Street. Architectural standards were listed in the proposed
ordinance.
Council Member Engelbrecht expressed a concern regarding the restrictions on Houston Place.
He questioned if at some later date a developer could request a variance and force Houston Place
to go through to Bonnie Brae.
Russell stated that the normal procedure for a subdivision variance would go to the Planning and
Zoning Commission for the variance to not put the road through. That condition would prohibit
access to the area. If a plat or site plan came in with a through street, it would be in violation of
that condition.
City of Denton City Council Minutes
October 5, 2010
Page 19
Council Member Watts stated that in terms of the fence at Houston Place, if the City required a
cul-de-sac or a hammerhead turn around, there could be no ingress/egress to Houston Place into
the development.
Russell stated correct that the draft ordinance addressed that situation.
Speaker cards were submitted by the following individuals:
Larry Reichhart, 2405 Mustang Drive, Grapevine, - indicated that their only remaining
issue was site plan approval prior to obtaining a building permit. Currently the site plan had to
be in conjunction with the plat.
Willie Hudspeth, 623 Newton, Denton - in support
Joann Nunnelly, 2215 Houston Place, Denton - in opposition
Bob Clifton, 1800 Morse, Denton, 76205 - in support
Eugene Hargrove, 2025 Houston Place, Denton, 76201 - in opposition
Rahna Raney, 2316 Houston Place, Denton, 76201 - in opposition
Jake Hendricks, 1014 Hillcrest, Denton, 76201 - in opposition
Steve Friedson, 2044 W. Oak, Denton, 76201 - in opposition
Elise Ridenour, 2044 W. Oak, Denton, 76201 - in opposition
Dave Lynn, 2120 Houston Place, Denton, 76201 - in opposition
Comment cards were received from the following:
Mike and Lynda Nolen, 2280 West Oak, Denton, 76201 - in support
Jeff and Terri Talbot, 324 Bonnie Brae, Denton, 76201 - in support
Peter Hulstrand, 320 Bonnie Brae, Denton, 76205 - in support
Catherine Dawson, 1015 Ector, Denton, 76201 - in support
Marsha and Lindsay Keffer, 815 Ector, Denton, 76201 - in opposition
Brian Besier, 2224 Houston Place, Denton, 76201 - in opposition
Cecil Atkins, Houston Place, Denton, - in opposition
Dora Sloan, 2207 Houston Place, Denton, - in opposition
Leona Langford, 2219 Houston Place, Denton - in opposition
Mrs. Tom Harpool, 2222 Houston Place, Denton - in opposition
Michelle Lynn, 2120 Houston Place, Denton, 76201 - in opposition
Jerry Clark, 1121 Ector, Denton, 76201 - in opposition
Kevin Roden, 322 Texas Street, Denton, 76201 - in opposition
Elizabeth Gunter, 225 Jagoe, Denton, 76201 - not certain based on current proposal
Council Member Engelbrecht asked Ms. Ridenour about the issue of the fence at the end of
Houston Place. The proposed fence would be open and he had a great deal of concern about the
spill-over from the potential medical site. He questioned if the neighborhood would want a solid
fence instead of an open stricture.
Ms. Ridenour stated that the neighborhood had requested a solid fence of stone or brick for the
entire length of the Houston Place neighborhood.
Council Member Engelbrecht stated they would like a solid fence instead of open fence.
City of Denton City Council Minutes
October 5, 2010
Page 20
Ms. Ridenour stated that a solid fence would provide a demarcation between the residential and
commercial areas.
Mayor Burroughs asked about landscaping that would block the view between the two.
Ridenour stated they would like both so that there was a substantial barrier between residential
and commercial.
Council Member Watts questioned the change from the site plan being approved prior to
obtaining a final plat versus before obtaining a building permit. The Planning and Zoning
Commission recommendation did not have that as a condition.
Russell stated that was a change from the last meeting. Staff changed the requirement back to the
plat stage. The previous version of the ordinance considered by the Commission had the site
plan approval at the building permit stage. Staff was concerned that if the plat was approved late
it might encourage permit issues and their hands would be tied once the plat was approved. They
felt the site plan should happen before platting.
Council Member Watts stated that once the applicant agreed at the last meeting to restrict the
proposal to offices, this meeting was to bring back the proposal in a clean form. He did not want
to draft an ordinance during a meeting. He questioned if the applicant was informed of the
change.
Russell stated that he assumed that the applicant had a copy of the changes but he did not tell the
applicant of the change.
Council Member Watts stated that the reasoning for staff to have the site plan approval at the
platting was to provide more opportunity to have input on how the site would be developed.
Deputy City Attorney Drake stated that it was his suggestion to make the change. He was trying
to find ways around the Denton Development Code requirement for the transportation
requirement to extend the street through. He had a concern that if the applicant or someone who
bought the property came forward to the Planning and Zoning Commission with a plat
application that met all of the requirements of the Denton Development Code, that the
Commission would have little choice but to accept and approve the plat. A site plan approved by
the City Council would be associated with the ultimate development. The idea was to give more
control by the Council to approve the site plan. By the time a plat was approved and taken to
Council for site plan approval, it might be too late for Council to make a configuration different
from the approved plat.
Mayor Burroughs questioned if Drake was saying that if the Planning and Zoning Commission
saw a condition that a street was not go through, the Commission would still be obligated to
approve the plat with a through street. The Council would be putting a specific condition
identifying what was required and what was prohibited, and the Planning and Zoning
Commission would not consider that.
Drake stated that the legal standard was if a plat went before the Planning and Zoning
Commission and met the development standards, ordinarily the Commission must approve it.
City of Denton City Council Minutes
October 5, 2010
Page 21
Mayor Burroughs and Drake debated the opinion on whether or not the Planning and Zoning
Commission could disregard conditions placed on a proposal by the Council.
Mayor Burroughs suggested making the language clearer in the conditions that there was to be
no access to Houston Place for the site.
City Attorney Burgess stated that language was already in place.
Mayor Burroughs stated that there was no vote by Council at the last meeting in order to clean up
the language in the ordinance. That had been done with additional language added. He felt the
issues were not straight forward. The Denton Development Code provided for the protection of
neighborhoods and for development. Residential development was not compatible with Bonnie
Brae. This proposal had come a long way with the changes made and which had limited the
scope of the development. Bonnie Brae was not a single-family residential street in the long
term future. How to transition in the area was critical and by excluding the home site on Oak
Street a demarcation line was provided. A transition was between heavy commercial and
residential was very well done with office. A proposed site plan for the area would come to
Council to make sure the transition was correct.
Council Member Gregory stated that he did not like speculative zoning. Staff, Council, and the
Planning and Zoning Commission had placed restrictions on the proposal to try and
accommodate and protect the neighborhood. But he did not know if the restrictions would be
enough to protect the neighborhood and did not know if the restrictions would be too much to
hamper development. He was afraid that if this type of speculative zoning were approved, it
would encourage more in the future. He found it hard to support this type of zoning.
Council Member Heggins questioned if the proposal should be tabled again as new information
had been presented and in order to clarify the proposal.
Council Member Watts talked about the approval process and equity in the process. When the
proposal was first before Council with the requirement of a supermajority vote of approval, he
struggled with the applicant buying property in the neighborhood. He understood buying the
property for a change in the opposition but it was the integrity of the process that was important.
He struggled with the fact that money could change the process. He was in favor keeping the
site plan in the platting process.
Council Member King motioned to approve the ordinance with the conditions as presented.
Russell indicated that the applicant was not in favor of the motion as it currently stood. He
questioned if a simple majority vote was still needed or if it changed to a supermaj ority vote.
Drake stated that if a proposed rezoning of property was protested in writing by owners of at
least 20% of the area within 200 feet, an amendment could not be effective except by a three-
fourths vote of all members of Council qualified to vote.
Mayor Burroughs asked if the site plan approval provision was the same as the last time the
proposal was considered.
City of Denton City Council Minutes
October 5, 2010
Page 22
Russell stated that it was worded differently. The first proposal was prior to obtaining a building
permit; the site plan would have to be approved by the Planning and Zoning Commission. The
current proposal was prior to obtaining a final plat; a site plan had to be approved by the City
Council.
Mr. Reichhart presented a written protest by the applicant of the amendment regarding the site
plan. That protest represented 20% of the area within 200 feet.
City Attorney Burgess stated that the supermajority vote involved the issue in the ordinance
dealing with the timing of the site plan approval and whether that would be at the time of
building permitting or at the time of platting. If council pursued the proposal in accordance with
the last council meeting discussion with placing the overlay condition in Section 7 for the site
plan, the applicant was opposed so a supermajority vote would be required.
Council Member King's motioned died for lack of a second.
Council Member Engelbrecht asked if a supermajority vote would be needed to deny the
rezoning request.
City Attorney Burgess stated that a simple majority vote would be required for denial.
Council Member Watts motioned, Council Member Engelbrecht seconded to deny the ordinance.
On roll call vote, Council Member Watts "aye", Council Member Heggins "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye",
Mayor Burroughs "aye" and Council Member King "nay". Motion carried with a 6-1 vote.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
a. Bob Clifton regarding a Fry Street and Bonnie Brae update.
Mr. Clifton felt that Council was doing things at dais that they did not need to be doing. They
had not paid any attention to Fry Street but spent all this time on Bonnie Brae. They were taking
up time and were of no benefit to citizens.
b. Ashley Oates m4ardin a smoke free ordinance.
Ms. Oates presented information for 100% smoke free environment in terms of municipal
buildings, private worksites, bars and restaurants. She presented a handout on effects of smoking
and health concerns.
Mayor Burroughs suggested coordinating an approach with representatives at the state
government level such as Myra Crownover.
City of Denton City Council Minutes
October 5, 2010
Page 23
Ms. Oates stated that she had already been in conversations with them at a recent cardiovascular
summit. This was a first step to bolster the movement.
Council Member Heggins stated that she was in support of Ms. Oates and her proposal.
c. Donna Woodfork regarding lack of customer service from the City Council.
Ms. Woodfork was not at the meeting.
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 Heggins asked that staff look into moving citizen reports earlier in the agenda
as she did not feel that they should have to wait through the entire meeting.
Mayor Burroughs requested a summary of the 2005 CIP bond projects and the use of those
funds.
Council Member Gregory requested staff research the bill that Rep. Myra Crownover presented
in the legislature last session regarding smoking and possibly consider it at the local level.
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Close Meeting.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
City of Denton City Council Minutes
October 5, 2010
Page 24
With no further business, the meeting was adjourned 11:15 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS