April 19, 2011 MinutesCITY OF DENTON CITY COUNCIL MINUTES
April 19, ?O11
After deterinining that a quoniin was present, the City Council convened in a Worlc Session on
Tuesday, April 19, 2011 at 3:00 p.in. in the Council Worlc Session Rooin at City Hall.
PRESENT: Council Meinber Engelbrecht, Council Meinber ILing, Council Meinber Heggins,
Council Meinber Gregory, Mayor Burroughs, Council Meinber Watts, and Mayor
Pro Tem ILainp.
ABSENT: None
Mayor Burroughs stated that Council would be going into Closed Session.
L Closed Meeting:
C. Consultation with Attorneys - Under Texas Governinent Code, Section 551.071.
Receive a status report regarding the litigation entitled: The Uiuversity of
North TeYas, Appellant v. The City of Denton, TeYas, Appellee, Cause No.
02-09-00395-CV, before the Fort Worth Court of Appeals, reversed and
remanded to the 158th Judicial District Court in and for Denton County,
TeYas; and discuss, deliberate and provide the City's attorneys with direction
and any recommendations regarding such legal matter. A public discussion
of this le,,al 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 TeYas.
Council returned to Open Session at 3:40 p.m.
L Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of a~enda items listed on the a~enda for April 19, 2011.
Council Meinber Watts aslced aboLrt Consent Agenda Item 4A and whether there were two
velucles or one velucle with a cab.
Milce Ellis, Fleets Superintendent, stated that there were two vehicles.
Council Member Engelbrecht asked if the city had a policy in regards to fuel consumption.
Ellis stated that in 2006 the Council approved a clean fleet ordinance which stated that the City
would purchase the cleanest velucle available to the City.
Council Meinber Engelbrecht aslced if when trading out the fleet, was the overall price loolced at
in terms of best price when it would be sold.
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Ellis stated that they loolced at retiLirn on investinent when they loolced at vehicles for the entire
fleet because of the resale marlcet.
Council Member Watts asked about Consent Agenda Item 4C He questioned if the additional
funds that would be added to the bid costs would represent the overall cost.
Emerson Vorel, Director of Parks and Recreation, stated that the bid price was for constniction
and installation. It would be purchased off the Buy Board as an installed price.
Council Meinber Watts aslced if the funding was from the Parlc Dedication Fees.
Vorel stated that 100% of the funding was froin the Parlc Dedication Fees.
Council Meinber Watts aslced for a report on past purchases made with eYtended warranties on
velucles. He also indicated that he would lilce to reserve the right to possibly pulling Consent
Agenda Item 4L for separate consideration.
3. Receive a presentation by President Lane Rawlins from LTNT regarding LTNT's Community
Engagement Plan in the North TeYas Region.
Lane Rawlins, LTNT President, reviewed his presentation "The Circle of Influence for Major
Research Universities - a proposal for the future of North Texas". He felt there was a need to do
more outreach in the region and showed how the eYistence of major research uiuversities was
iiifluential in the region. Steps involved in attaiiung the circle of influence included: (1) access
and image, (2) academic program and continuint', education delivery, (3) promotint', economic
development, (4) direct involvement and partnerships, and (5) a new place with unique
capabilities. Critical short-term needs included a continuous process for commuiucation and
plaiuung, open discussion of priorities and partnerslups, and political and financial support.
4. Receive a report, hold a discussion, and give staff direction regarding the initial assessment
for redistricting in the City of Denton, redistricting criteria, and guidelines for redistricting
processes and schedules.
City Attorney Burgess noted that the census nuinbers were in and redistricting was a process that
needed to be started. She introduced Bob Heath who was with the consulting firin worlcing on
the City's redistricting.
Bob Heath, Bickerstaff Heath Delgado Acosta, stated that voting was based on a constitutional
principle that required one person - one vote. Voting districts must have approximately equal
populations. If a new federal census indicated population changes, goveriunental entities have to
determine whether eYisting districts still satisfied tlus requirement. If not, the population had to
be rebalanced by re-drawing district boundaries. Denton had a lot of growth that was not
uniform throu~hout the city and was currently not in compliance.
Deviation of population - for a legislative plan drawn by a goveriunental entity, a deviation of
less than 10% most of the time would be acceptable. If it was above 10% it would not be
acceptable. The deviation was ineasured between the single ineinber district with the greatest
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Page 3
population and the district with the least population. After redistricting, each of the districts
would have rouglily equal population and the district with the greatest population would not be
more than 10% larger than the district with the least population.
Census data used for redistricting included using the block level, the total population, voting age
population, race, and Hispaiuc origin. Main issues associated with redistricting included the
Department of Justice's role in preclearance and legal standards for liability. The Department of
Justice loolced at whether ininorities would be worse off under a proposed new systein. To
obtain preclearance an entity must show that the proposal neither had the purpose nor would it
have the effect of denying or abridging the right to vote. He reviewed Section 5 of the Voting
Rights Act and the benclunark used as the standard against wluch retrogression was measured.
Section 2 of the Votin~ Ri~ht Act prohibited election practices that discriminated on the basis of
race or language ininority status. He reviewed the terins craclcing or paclcing voters in a district
and redistricting standards adopted after the Shaw verses Reno case.
Adopt redistrictint', criteria - criteria to be considered when redistrictint', included (1) adoptint',
districts of relatively equal size, (2) identifiable boundaries, (3) maintainint-1, communities of
interest and neighborhoods, (4) using whole voting precincts, (5) basing the plan on eYisting
districts, (6) drawing districts that were compact and contiguous, (7) keeping incumbents in their
districts, and (8) narrowly tailoring the plan to coinply with the Voting Rights Act.
Steps to balancing conflicting legal obligations in redistricting included (1) plaiuung ahead and
building a record, (2) being aware of legal obligations and responsibilities, (3) adopting criteria
that reflected traditional redistrictin~ principles, includin~ consideration of race to the extent
required to ineet obligations under the Voting Rights Act, (4) paying attention to the criteria
when drawing the plan by considering and evaluating each plan presented whether by a
consultant or by the general public in light of the adopted criteria, (5) analyzing the final plan in
terms of how well it conformed to the criteria, (6) making sure the analysis was furnished to the
governmental body before it voted on the plan, and (7) avoiding tnily bizarre districts.
Heath reviewed the proposed 2011 timeline for redistricting and the iiutial assessment
benchinark indicatint-ly that District Four was the district with the most deviation.
Council Member Watts questioned what would happen to a current representative if a district
was redrawn and he/she would no longer be in that district.
Heath stated in that case the representative would typically serve out the term but if he/she
wanted to nin again, would have to live in the new district.
City Attorney Bur~ess stated that there was a constitutional provision to continue to serve until a
successor was qualified to serve.
5. Receive a report, hold a discussion and give staff direction regarding the allocation of
streets bond fund savings associated with the 2005 Capital Iinproveinent Prograin.
Jim Coulter, Director of Water Utilities, stated that the Street Reconstniction portion of the 2005
Bond Program was nearing completion. There were a total of 41 street segments identified for
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reconstniction with 38 completed. Savings realized with the completion of these projects would
be moved to the streets that needed the most work. The CIP Oversight Committee recommended
moving the savings money over to the Boiuue Brae project with the specific instnictions to
authorize the en~ineering and once that was completed to come baclc for authorization on the rest
of the savings money.
Council Meinber Watts noted that the three streets left were Gay, Northridge and Boiuue Brae.
Staff was not anticipating a need for additional funding.
Coulter indicated that money was being set aside to malce sure the dollars were there when they
were ready to complete those proj ects.
Council Member Watts stated that staff was confident that there would be enough money to
complete the proj ects.
Coulter stated that they were holding baclc enough to talce care of any contingency on Northridge
on the street side but he was not sure about the drainage side.
Council Meinber Watts aslced if Northridge was included in the one cent taY for drainage.
Coulter replied correct that it included the detention pond which was completed. The second
phase was the underground storm drain.
Council Meinber Gregory stated that the gas well drilled on Rayzor Ranch at Bonnie Brae Street
had to provide inoney to the City for wear and tear on streets.
Council Meinber Engelbrecht stated that he would lilce review the engineering plans once the
curb on Bonnie Brae was engineered before going forward.
Coulter stated that they would be bringing back the engineering contract and constniction project
t0 C OLi11C11.
Council Meinber Engelbrecht stated that he would lilce to see what the plans would loolc lilce
before going all way through engineering in case Council wanted to make some comments on
the plans.
Council considered Item 9.
9. Receive a report, hold a discussion, and provide staff direction on the constniction of a
Landscape Equipment Storage Area building at the Denton Municipal Airport.
Quentin Hix, Airport Manager, stated that this project was the constniction of a landscape
equipment storage area building at the Airport. He reviewed the budget details needed to build
the storage facility and presented options on size of building, including worlc bays, office area
and secure tool stora~e area. The buildin~ bid tabulation was reviewed with Hix indicatin~ that
in the future he would be bringing to Council the proposal for actual expenditures.
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Mayor Burroughs aslced what the estiinate was froin the architect on what the project would cost.
Dean Hartley, Facilities Manager, stated that the opiiuon of the arclutect was about $355,000.
Council Member Watts felt that the cost was high for a 2,000 square foot metal building.
Hartley stated that the project included a wash bay with separator. The cost increased as the
location of the proposed building was 175 feet froin a sewer connection which added to the cost
plus there would be briclc on the outer side of the building on the ninway side.
Council Member Watts questioned what was needed from Council at tlus time.
Hartley stated that they wanted to present the project to Council at this meeting and would bring
it back on May 3rd for consideration.
Consensus of the Council was to proceed with the project.
Council considered Item 6.
6. Receive a report, hold a discussion and give staff direction regarding the reallocation of
Capital Improvement Program (CIP) funds approved for the design, property acquisition,
and constniction of entry corridors for powntown Denton.
Emerson Vorel, Director of Parks and Recreation, stated that the 2004 CIP Bond program
approved $700,000 for entry corridors either on Dallas Drive or Fort Worth Drive. As both of
these streets were scheduled for inajor reconstniction within the next five years inoving forward
with eiiliancements was not recommended at tlus time. The Downtown linplementation Plan had
called for the installation of wayfinding signs throughout the downtown area as it was long past
time to replace some of the signs at the front of city buildings. The Downtown linplementation
Plan Committee had been looking at options for signs and was asking for Council to consider
moving the money approved in the bond election for multiple entrances for the City to pay for
the wayfinding signs.
City Manager Cainpbell aslced what could be purchased for the $700,000.
Ron Menguita, Plaiuung Supervisor, stated that the plan was to come back to Council with a
proposal for wayfinding signs, secondary signage, inajor signs on the highway and lcioslc signs
throughout the city. Staff was currently putting a theme together for the public to provide
comments.
Council Member En~elbrecht stated that this would be an ima~e issue and to be cautious on how
that would be determined.
Menguita stated that staff was worlcing on those issues and would be presenting it to Council in
the next month in order to provide citizen input.
Consensus of the Council was to proceed as proposed.
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7. Receive a report, hold a discussion, and provide staff direction regarding delinquent tax
collection services.
Mayor Burroughs left the meeting with a conflict of interest.
Bryan Langley, Chief Financial Officer, presented the details on the current contract. The
current contract was originally awarded to Sawlco and Burroughs on July 1, 21005. All fees for
delinquent taY collection services were paid directly by the delinquent taYpayers. The original
contract expired on June 2008. Staff solicited requests for proposal in lieu of automatically
extending the contract with renewal options. That process determined that Sawko and Burroughs
was the best overall proposal and was awarded a new contract in November 2008. The ?008
contract eYpired on June 30, 2011. That contract had a provision for two one-year renewal
options. If both one-year renewal options were exercised, the contract could be extended until
June 2013.
Performance requirements - current contract collections were required to be at least 60% of the
current year delinquencies and 30% of all prior year delinquent amounts. Sawko and Burroughs
provided a summary of their performance which indicated they had complied with these
requirements. Collection performance was verified independently by City staff.
Contract options - Option 1 would renew the agreement for a period of one year through the
existing renewal option in the contract. Option 2 would solicit new requests for proposals for the
taY collection contract. The current contract could be renewed on a month-to-month basis wlule
staff conducted the request for proposal process. Option 3 would enter into negotiations and
award a contract to another law firm. Since these were considered a professional service, state
law did not require the solicitation of bids or proposals.
Council Meinber Watts stated that a prior issue had been not to have the Mayor involved in the
daily activity for collection of taxes and that a fire wall had been installed so that would not
happen. He aslced how consolidation suits were handled when the Mayor was involved.
Greg Sawlco, Sawlco and Burroughs, stated that for the most part with a consolidation of taY
suits, Mr. Burroughs was excluded. However, once he provided a conflict disclosure and walled
hiinself off froin the decision process, there was no reason why he could not actively participate
in the suit. It was more of an issue when the city was the main complainant. lii those cases the
notices were sent to him and if not, they went to Mr. Burroughs.
Mayor Pro Tem ILainp aslced if they were still doing contracts with DISD.
Sawko replied correct and that most of their current contracts were month to month contracts
which worlced well for both the firm and the contractin(y entities. He indicated that the firm had
been in business in Denton for 17 years and had a stake in the community.
Council Member Gregory felt that a month by month contract would need to be moiutored for
perforinance on a inore regular basis rather than waiting until the contract was due to expire. He
aslced if it would be a fair ineasure of perforinance to aslc for quarterly reports or were the
collections in bits and spurts and not good for that type of report.
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Sawlco replied that they were already providing quarterly reports. He stated that he lilced a
month to month contract as it kept them on top of the situation and provided for constant
commuiucation.
Council Meinber Engelbrecht aslced why staff did not propose a inonth to inonth option rather
than the request for proposal process.
Langley stated that the current contract had terms to extend the contract for an additional year
with a 30 day out notice. Staff would prefer a specific term of contract as a month to month
contract would be an unusual situation.
Council Member Watts stated that month to month contracts were not done with any other type
of contract. He did not feel there was a need to go out for a request for proposal process. To
change to a 30 day month to month contract with possible political agendas would not be good.
Consensus of the Council was to proceed with Option 1 which was the renewal of the contract
for one year.
Mayor Burroughs returned to the meeting.
8. Receive a report and hold a discussion on Traffic Operations Study conducted for the
Downtown Iinpleinentation Plan.
PS Arora, DRC Engineering Admiiustrator, stated that a traffic study had been done by the
Downtown Iinpleinentation Plan in August of last year but staff wanted to bring the shidy down
on a inore street level. The Traffic Operation Study went bloclc by bloclc for each street and toolc
cross sections of the streets, loolcing at future traffic flows based on development proposed for
the downtown area. The study was done in two phases. Phase I was to qualify and quantify the
pass through traffic going through the downtown area. Phase 2 evaluated the bloclc by bloclc
impact of the proposed Downtown street modifications on anticipated operational conditions of
the area. The modifications had to fit into the eYisting right-of-way or building line as opposed to
the Jacobs study wluch did not consider that. Presentations on viewings of how the streets would
loolc once coinpleted were reviewed along with DTIP Section Feasibility Assessinent.
Recommended traffic eiiliancements included (1) acquisition of right of way for the proposed
DTIl' section for Bell Avenue, signalization at Bell Avenue and Oalc Street and signalization
at Carroll and Sycamore and (3) constniction of Bell Avenue with median for center left turn
lanes with noted critical left turn lanes. DCTA was currently developint', bus route plans from the
Downtown station. Bike access and circulation requirements were presented along with
pedestrian movement on sidewallcs. The estimate cost for roadway improvements was $12.4
million at current dollars. The short range recommendations in 1-3 years included lcey corridors
for early implementation. Medium range recommendations in 3-10 years included the
reconstniction of the Mews streets and the long range recommendations over 10 years included
development of full build-out densification of the downtown development patterns.
Council returned to the Closed Meeting at 6:40 p.in.
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Page 8
L Closed Meeting:
B. Consultation with Attorneys - Under Texas Governinent Code, Section 551.071;
and Deliberations Regarding Real Property - Under TeYas Goveriunent Code,
Section 551.0721.
1. Discuss, deliberate, and receive inforination froin Staff and provide Staff
with direction pertaining to the acquisition of tracts of real property as
follows: L An approYimate 5.922 acre tract of land situated in the Jolui
Davis Survey, Abstract Ntimber 3?6, the Thomas Tobey Survey, Abstract
Ntimber 1285, and the Jaines Perry Survey, Abstract No. 1040, City of
Denton, Denton County, Texas; II. Easeinents and Teinporary Constniction,
Grading and Access Easements in, on, over, under and across lands situated
in the Jolui Scott Survey, Abstract Ntimber 1??2, the Thomas Toby Survey,
Abstract Ntimber 1285, the James Perry Survey, Abstract Ntimber 1040, and
the John Bacon Survey, Abstract Ntimber 1541, City of Denton, Denton
County, TeYas; and III. Amendments to Electric Utility Easements in, on,
over, under and across lands situated in the E. Puchalslci Survey, Abstract
Ntimber 996, the James Perry Survey, Abstract Ntimber 1040, and the
Thoinas Toby Survey, Abstract Ntimber 1285, City of Denton, Denton
County, TeYas, all for public purposes; 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
Public Utilities Board under the TeYas 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.
Discuss, deliberate and receive iiiformation from Staff and provide Staff
with direction pertaiiung to the possible acquisition of certain real property
located in the downtown area of Denton, Texas, Denton County, Texas,
includint', real property located in the H. Cisco Survey, Abstract No. 1184
and in B.B.B. & C.RR Company Survey, Abstract No. 185. Consultation
with the City's attorneys regarding legal issues associated with the potential
acquisition of the real property referenced hereinabove, where a public
discussion of these le,,al matters would conflict with the duty of the City's
attorneys to the Denton City Council under the TeYas Rules of Disciplinary
Conduct of the State Bar of TeYas, or would jeopardize the City's legal
position in any potential litigation.
Regular Meeting of the City of Denton City Council at 7:30 p.in. in the Council Chainbers at
City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and ineinbers of the audience recited the Pledge of Allegiance to the U. S. and
TeYas flags.
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Page 9
2. PROCLAMATIONS/PRESENTATIONS
A. Proclainations/Awards
1. Denton Redbud Festival Day
Mayor Burroughs presented the proclamation for Denton Redbud Festival Day
2. Tree City USA presentation
Courtney Blevins, representing Tree City USA, presented the award and stated that tlus was the
?Oth year the city had received the recogiution. Tlus was a national award that recogiuzed cities
that managed trees in its corporate limits.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the followin~:
1. ILiinberly Tniax regarding zoning for residential care hoine.
Ms. TniaY presented iiiformation on zoiung for a residential care home in a residential
neighborhood. She was aslcing for a special use perinit. The current zoning allowed six residents
and she was requesting eight to ten residents. Currently that type of zoning was only allowed in a
multi-family zoiung designation. The property in question was the best she could find for the
benefit of the residents.
4. CONSENT AGENDA
Council Member Watts asked that Item L be pulled for individual consideration.
Council Member ILing motioned, Mayor Pro Tem ILamp seconded to approve the Consent
A~enda and accompanyin~ ordinances and resolutions with the exception of Item L. On roll call
vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins
"aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem
ILainp "aye", and Mayor Burroughs "aye". Motion carried unaniinously.
Ordinance No. 2011-057
A. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
lus designee to eYecute a purchase order through the Buy Board Cooperative Purchasing
Networlc for the purchase of a Peterbilt Cab/Chassis for the Solid Waste Recycling prograin
and a Peterbilt Cab/Chassis for Denton Municipal Electric by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 4663-Purchase of
Peterbilt Cab/Chassis for Solid Waste and Denton Muiucipal Electric awarded to Rush
Crane and Refuse Systems International in the amount of $147,600). The Public Utilities
Board recoininends approval (6-0).
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Page 10
Ordinance No. 2011-058
B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
lus designee to eYecute a purchase order through the Buy Board Cooperative Purchasing
Networlc for the acquisition of twelve velucles and/or equipment items for various City of
Denton Utility Departinents by way of an Interlocal Agreeinent with the City of Denton;
and providing an effective date (File 4700-Purchase of Vehicles and Equipment for Utility
Fund Departments awarded to multiple vendors in the amount of $2,119,254.40). The
Public Utilities Board recommends approval (6-0).
Ordinance No. 2011-059
C. Consider adoption of an ordinance acceptin(y competitive bids and awarding a public worlcs
contract for the constniction of a Neighborhood Park and Playground Project for the
Preserve at Pecan Creelc and Owsley Parlc; providing for the eYpenditure of funds therefor;
and providing an effective date (Bid 4653-awarded to the lowest responsible bidder ineeting
specification, Redden Concrete, Inc., in the amount of $320,950).
Ordinance No. 2 011-060
D. Consider adoption of an ordinance accepting competitive bids and awarding a public worlcs
contract for the constniction of Drainage Iinproveinents for West Prairie Street; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to
the lowest responsible bidder meeting specification, Floyd Smith Concrete, liic. in the
amount of $150,64830). The Public Utilities Board recommends approval (4-0).
Ordinance No. 2011-061
E. Consider adoption of an ordinance of the City of Denton, TeYas providing for, authorizing,
and approving the eYpendinire of funds for the purchase of Retaiiung Wall Materials for
constniction of the Third Phase of a Screening Wall at Phase 3, Cell A at the City of Denton
Landfill which is available from only one source in accordance with the pertinent provisions
of Chapter 25? of the TeYas Local Goveriunent Code eYempting such purchases from the
requirements of competitive bidding; and providing an effective date (File 4702-Purchase of
Retainint', Wall Materials for Second Phase of Screenint', Wall Installation at City of Denton
Landfill awarded to Stone Strong, LLC in the amount of $128,292.50). The Public Utilities
Board recommends approval (6-0).
Ordinance No. 2 011-062)
F. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
Software Upgrades to FASTER Fleet Manageinent software and Annual Maintenance for
continued vendor support from oiily one source in accordance with the provision for State
Law eYempting such purchases from requirements of competitive bids; providing for the
expenditure of funds therefor; and providing an effective date (File 4568-Purchase of
Software Upgrades and Annual Maintenance for FASTER Web Software Paclcage awarded
to CCG Systems, liic. in the amount of $98,000).
Resolution No. R2011-010
G. Consider approval of a resolution authorizing the City Manager, or his designee, as
Denton's authorized representative, to accept on behalf of the City of Denton an offer froin
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April 19, 210 11
Page 11
the Texas Departinent of Transportation (TxDOT) relating to a grant for engineering and
constniction of a ramp area adjacent to the Airport Terminal at the Denton Municipal
Airport; coiif'irming agreement to pay a portion of the total proj ect cost; and, providing an
effective date. The Airport Advisory Board recommends approval (3-0).
Ordinance No. 2011-063
H. Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute
a Contract (herein so called) between the City of Denton, TeYas and Westpark Group, L.P.,
a TeYas limited partnerslup and Rayzor liivestments, LTD., a TeYas limited partnership,
contemplating the purchase by the City of Denton, Texas of (I) an approximate 5.922 acre
tract of land situated in the John Davis Survey, Abstract Nuinber 326, the Thoinas Toby
Survey, Abstract Nuinber 1285, and the James Perry Survey, Abstract Nuinber 1040, City
of Denton, Denton County, TeYas; (II) Easements and Temporary Constniction, Grading
and Access Easeinents in, on, over, under and across lands situated in the John Scott
Survey, Abstract 1222, the Thoinas Toby Survey, Abstract Nuinber 1285, the Jaines Perry
Survey, Abstract Nuinber 1040, and the Jolui Bacon Survey, Abstract Nuinber 1541, City of
Denton, Denton County, TeYas; and (III) Amendments to Electric Utility Easements in, on,
over, under and across lands situated in the E. Puchalski Survey, Abstract Number 996, the
Jaines Perry Survey, Abstract 1040, and the Thoinas Toby Survey, Abstract Nuinber 1285,
City of Denton, Denton County, TeYas, all for public purposes; authorizing the City
Manager, or lus designee, to eYecute, deliver and accept any and all Deeds, Easements,
Temporary Constniction, Grading and Access Easements, Amendments to Electric Utility
Easements, and any other documents necessary to accomplish closing of the transactions
contemplated by the Contract; authorizing the eYpenditure of funds therefore; and providing
an effective date.
Ordinance No. 2011-064
L Consider adoption of an ordinance of the City of Denton, TeYas amending Ordinance No.
?010-??6 ("original ordinance" pertaiiung to the acquisition through agreement or eminent
doinain of variable width sanitary sewer easeinents and teinporary constniction easeinents,
by replacint', certain legal descriptions contained therein, all beint', located within Lots 4 and
5, Bloclc 7, College View Addition, an addition to the City of Denton, Denton County,
TeYas, according to the plat thereof recorded in Volume 1, Page 13, Plat Records, Denton
County, Texas; providing that, except for such legal description amendments made to
Attachinent "1" of the Original Ordinance, all provisions and findint"s of the Orit"inal
Ordinance shall remain valid and subsisting and in full force and continuous effect; and
providing an effective date.
Resolution No. R2011-011
J. Consider approval of a resolution of the City Council of the City of Denton, Texas
establislung guidelines for persons submitting comments and specific redistricting
proposals; and providing an effective date.
Resolution No. R2011-012
K. Consider approval of a resolution of the City Council of the City of Denton, Texas adopting
criteria for use in the redistricting 2011 process; and providing an effective date.
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Page 1?
Itein L was considered.
Resolution No. R2011-013
L. Consider approval of a resolution authorizing the City Manager to submit an offer to
Denton County for the purchase of a 2-acre tract, more or less, of real property situated in
the Hiram Cisco Survey, Abstract No. 1184, Denton County, Texas; and providing an
effective date.
Mayor Pro Tem ILamp motioned, Council Member Gregory seconded to approve the resolution
as directed in Closed Session. On roll call vote, Council Member Heggins "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and
Mayor Burroughs "aye". Council Meinber ILing "nay", and Council Meinber Watts "nay".
Motion carried with a 5-2 vote.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2011-065
A. Consider adoption of an ordinance approving an Advance Funding Agreement for a
Project Usint', Funds Held in the State Hitlyhway 121 Subaccount in the amount of
$1,964,500.00 between the City of Denton and the State of Texas for the design and
installation of liitelligent Transportation System Tninlc Lines at various locations in
the City of Denton, authorizing the City Manager or lus designee to eYecute said
Agreeinent on behalf of the City of Denton; and declaring an effective date.
Jim Coulter, General Manager-Water/Wastewater, presented the details on the item. The project
was a grant from COG and TYDOT to allow for funding of traffic signals in Denton using fiber
optic linlcs in various locations to synchronize the si~nals.
Council Meinber Engelbrecht aslced why radio controllers were not used for all the signals.
Coulter stated that fiber was a better linlc for video as radio only controlled the signals.
Mayor Pro Tem ILamp noted that these were Regional Toll Revenue funds and not city funds.
Mayor Pro Tem ILainp inotioned, Council Meinber ILing seconded to adopt the ordinance. On
roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber
Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro
Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously.
B. Continue consideration of an ordinance of the City of Denton, Texas, providing for a
zoiung change from a Neighborhood Residential 3(NR-3 ) zoiung district
classification and use designation to a Neighborhood Residential MiYed Use 12
(NRMU-12) zoning district classification and use desi(ynation, with an overlay
district, on approxiinately 6.836 acres of land located at the northeast corner of
Glenwood Lane and East Uiuversity Drive (U.S. 380) situated witlun the J.Q Lilly
Survey, Abstract No. 76?, witlun the City of Denton, Denton County, TeYas;
providing for a penalty in the maximum amount of $2,000 for violations thereof,
City of Denton City Council Minutes
April 19, 210 11
Page 13
severability and an effective date. (Z 10-0007, 1411 E. University Dr. ) The Planning
and Zonin~ Commission recommends approval with an overlay district (3-2). DUE
TO MORE THAN 20% OPPOSITION FROM THE LAND AREA WITHIN 200
FEET OF THE REQLTEST, A SUPERMAJORITY VOTE (3/4) IS REQUIRED BY
THE CITY COUNCIL TO APPROVE THIS ITEM.
Mayor Pro Tem ILamp motioned, Council Member Gregory seconded to remove the item from
the table. On roll call vote, Council Member ILing "aye", Council Member Watts "aye", Council
Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye",
Mayor Pro Tem ILainp "aye", and Mayor Burroughs "aye". Motion carried unaniinously.
Marlc Cuiuunghain, Director of Plaiuung and Development, presented the details of the proposal.
An initial public hearint', was held on December 7, 2010 which was continued to the Febnjary 2,
2011 meetin~. However, that meetin~ did not talce place due to inclement weather and was
rescheduled for Febniary 15, 2011. Before that meeting, the applicant requested that the public
hearing be rescheduled to March 1, 20 11 wluch was done. At that meeting Council deferred
talcint., action to a date certain of March 19, 2011 to allow the applicant to work out issues with
the neighbors and access on US 380.
The basics of the proposed overlay restrictions included (1) all uses permitted witlun the NRMCJ-
12 zonin(, district except for laundry facilities; (2) only professional service and office uses
would be allowed within the 150 foot northern property line; (3) parlcing was perinitted within 20
feet of the northern property line; (4) an eight foot lugh solid screen fence would be in the
required buffer yard adj acent to the property line in lieu of the required buffer shnibs; (5) if
single-family detached, single-family attached or duplex stnictLire were not developed adjacent
to Glenwood Lane, a 6-foot high wrought-iron style fence would be installed; (6) architectural
standards as noted in the proposed ordinance; (7) eYterior of all new stnictures would be
constnicted of 100% masonry; (8) building height would be limited to one story and not eYCeed
32 feet; (9) exterior lighting would be shielded so as not to shine onto adjacent properties; (10)
all trees planted in the buffer yards would be a minimum of 4-6" dbh and a minimum of 20'
lugh; and (11) access standards as noted in the proposed ordinance.
Cunnin(,ham stated that access was a point of contention. The residents did not want any access
from Glenwood. The applicant was suggesting an ingress/egress that would align with a current
street across Uiuversity. He was also proposing a second point on Uiuversity wluch would also
serve multiple purposes. Tlus was a rezoiung request. A question had been aslced what would
happen if access was granted but was not constnicted as proposed due to the necessity to get
permission from TxDOT and the applicant received final plat approval for an application that
proposed eYClusive access from Uiuversity. Any proposed final plat wluch did not restrict
velucle access from Uiuversity would have to get a specific use permit with two public hearings.
The applicant was in agreement with the conditions. The recommendation from the Development
Review Committee and the Planning and Zoning Commission was to recommend approval with
restrictive overlay conditions.
Council Member Gregory asked about the buffer long the northern boundary.
City of Denton City Council Minutes
April 19, 210 11
Page 14
Cunningham stated that it would be a 15 foot wide buffer and 150 foot buffer for limited build
zone with parlcing permitted witlun 20 feet of the northern property line.
Mayor Pro Tem ILainp aslced about the laclc of a site plan.
Cuiuungham stated that a site plan was typically done at the time of a building permit
application. It was not done with a rezoiung as it would be too costly if the rezoiung was not
approved. The zoning was needed to allow the use and if the zoning were approved, the site was
plan was then done.
Council Meinber Watts eYpressed a concern regarding additional uses that might be available in
the southern part of the proposal. The northern portion was limited to professional office uses.
Cuiuungham stated that Council could strilce uses it did not want in the southern portion.
Council Meinber Watts stated that in terins of the ingress/egress issue, TxDOT had the final
authority for granting the ingress/egress off University. If a request were inade to have access
off Greenwood, it would have to come to Council.
PS Arora, DRC Engineering Adininistrator, stated that even though TxDOT had the final
authority, it would ~o with the city recommendation. Initially TxDOT did not appear to have a
problem with the access as requested.
Mayor Burroughs felt that he would like to see additional items be withdrawn as uses. He did
not see single family along US 380 which was a major thoroughfare and would not be decreasing
in the future. It was Council's job to preserve and protect those who abutted the area and
transition to the new use. The proposed develop was someone local who cared about the
property.
Council Meinber Gregory stated that multiuse areas were not always bad. He appreciated all that
Mr. Porter had agreed to do in terms of restrictions. Mr. Porter's other development on Hinlde
was very nice but he felt he had to represent the residents in the neighborhood and their views.
Council Member Engelbrecht stated that he lived in a neighborhood similar to what was being
proposed. He felt the neighbors would be surprised on what could be done especially in the 150
foot buffer area.
Council Member Watts asked about professional services restriction in terms of hours of
operation.
Cunningham stated that professional office hours were normally between 8:00 and 5:00 but
Council could further restrict the hours of operation if desired.
Council Meinber Watts questioned that the architectural standards only applied to the northern
portion in 150 foot barrier.
Cuiuungham stated that all stnictures would be 100% masonry.
City of Denton City Council Minutes
April 19, 210 11
Page 15
Council Member Watts expressed a concern about how close the parking and the lighting would
be to the neighbors.
Reichhart stated that they would agree to no pole lighting in 150 foot area.
Council Meinber Watts aslced Reicliliart about the hours of operation.
Reichhart stated that it would be hard to liinit the hours of operation for professional offices.
Council Meinber Watts stated that he had read all the comments and baclciip regarding the
proposal. He felt that Council was being asked to keep the property as it currently was to
approve something that was very restrictive, especially on northern boundary. To vote against
the proposal would be saying that the property would always remain the same or that something
better would be coming later. He did not want to deny developments that had a traclc record for
quality development and sometlung that might not be better than the restrictions already
included.
Council Member Watts motioned, Council Member Heggins seconded to adopt the ordinance
with the following conditions: all restrictions presented by staff including the access issues and
overlay iteins; additional restrictions of uses to exclude attach single-fainily dwellings, dwelling
above businesses, group houses, multi-family dwellings, semi-public halls, clubs and lounges,
day cares (adult and cluldren), gas wells; no pole lighting in 150 foot buffer of the northern
property line.
On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber
Heggins "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and Mayor
Burroughs "aye". Council Meinber Gregory "nay". Motion carried with a 6-1 vote.
C. Consider appointinents to the City Council Airport Coininittee.
City Manager Campbell stated the enabling resolution indicated that three members were needed
for the Committee. The appointments were to be made by the Mayor and approved by the City
Council.
Council Member Gregory felt that it would be appropriate for one member to be the District
representative for the area and one person who served on the Mobility Committee.
Council Member Engelbrecht volunteered to serve.
Council Member Gregory motioned, Council Member ILing seconded to appoint Mayor Pro Tem
ILamp, Council Member Watts and Council Member En~elbrecht to the committee. On roll call
vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins
"aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem
ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously.
City of Denton City Council Minutes
April 19, 210 11
Page 16
6. PUBLIC HEARINGS
A. Hold the second of two public hearings to consider the voluntary annexation and
Service Plan of approYimately 1.148 acres of land located witlun the City's
EYtraterritorial Jurisdiction (ETJ) in accordance with Chapter 43 of the TeYas Local
Government Code. The site is located on the west side of Country Club Road; just
north of the Education Center at Denton; between Ryan Road to the north and Bnish
Creek Road to the south. The Plaiuung and Zoiung Commission recommends
approval (5-0). (A11-0001, Burch Property AiuieYation)
Marlc Cunninghain, Director of Planning and Developinent, stated this property was part of DH-
5 wluch was considered for aiuieYation last year. The property had been appraised for an
agricultural eYemption and qualified for a non-aiuieYation agreement. The vast maj ority of the
property received that agreeinent except for 1.148 acres which was a parlcing lot for the
Education Center at Denton. According to the owners of the property, they had entered into a
siYty month surface use lease to allow the property to be used by the school as additional parlcing
for passenger velucles, buses and permitted eYternal buildings. However, the lease was not
presented to the city prior to the annexation. Staff took the lease into account and was
recoininending that the original non-annexation agreeinent be revised to exclude the 1.148 acres
and that oiily tlus portion of the 220.275 acre parent property be aiuieYed. The Plaiuung and
Zoiung Commission and the Development Review Committee recommended approval.
The Mayor opened the public hearing.
Janelle Burch, property owner, eYplained the parlcing lot size and location on the property.
The Mayor closed the public hearing.
No action was required by Council at tlus time.
7. CONCLUDING ITEMS
A. Under Section 551.042 of the TeYas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual iiiformation or recitation of
policy, or accept a proposal to place the matter on the a~enda for an upcomin~
ineeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of commuiuty interest regarding wluch no action will be talcen,
to include: eYpressions of thanlcs, congratulations, or condolence; iiiformation
regarding holiday schedules; an honorary or salutary recognition of a public official,
public einployee, or other citizen; a reininder about an upcoining event organized or
sponsored by the goveriung body; iiiformation regarding a social, ceremoiual, or
commuiuty event orgaiuzed or sponsored by an entity other than the goveriung 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 muiucipality that has
arisen after the posting of the agenda.
City of Denton City Council Minutes
April 19, 210 11
Page 17
Council Meinber Gregory requested a report regarding the request for a group hoine on Brown
Street with possible alternatives for the variance issue.
Council Meinber Watts indicated that there was no cross wallc signal at the corner of Eagle Drive
and Welch Street and aslced that it be researched.
Council Member Watts asked for a report on a requirement for lighting on bicycles to make them
safer in the duslc tiine period.
Council Member Watts asked for a report on what the city was paying in additional costs for
hybrid velucles.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Mayor Burroughs aiuiounced that the Council would be returiung to the Closed Session to
complete the items listed.
The Council considered the following in Closed Session.
A. Certain Public Power Utilities Competitive Matters - Under TeYas Goveriunent
Code Section 551.086; Consultation with Attorneys - Under Texas Governinent
Code Section 551.071.
1. Receive a presentation and a status report from staff regarding public power
competitive and financial issues and matters regarding the proposed
Purchase Power Contract regarding the purchase of a portion of the City's
electrical energy requirements and related matters; discuss deliberate,
consider and provide staff with direction regarding same. Receive a
consultation with the City's attorneys regarding legal issues concerning said
proposed Purchase Power Agreement; and discuss, deliberate and provide
the City's attorneys with direction and any recommendations regarding such
legal matter. A public discussion of tlus 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.
Council Member Engelbrecht motioned, Mayor Pro Tem ILamp seconded that tlus item was
appropriate to discuss in Closed Session under the Public Power EYCeption. On roll call vote,
Council Member ILing "aye", Council Member Watts "aye", Council Member Heggins "aye",
Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILainp
"aye", and Mayor Burroughs "aye". Motion carried unaiumously.
2. Receive a status report and further presentation from staff regarding public
power competitive and financial matters re~ardin~ the possible constniction
and installation of a state-of-the-art coinbined heat and power (CHP) tri-
generation station for the City to be located in the industrial district in the
City of Denton, Texas; discuss deliberate, consider and provide staff with
City of Denton City Council Minutes
April 19, 210 11
Page 18
direction re~ardin~ same. Receive a briefin~ from and a further consultation
with the City's attorneys regarding legal issues concerning the possible
constniction and installation of a coinbined heat and power (CHP) tri-
generation station for the City in the industrial district in the City of Denton,
Texas; and discuss, deliberate and provide the City's attorneys with direction
and any recommendations regarding such legal matter. A public discussion
of tlus legal matter would conflict with the duty of the City's Attorneys to
the City Council under the TeYas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
C. Consultation with Attorneys - Under Texas Governinent Code, Section 551.071.
1. Receive a report and hold a discussion with the City's attorneys regarding
legal issues related to the delinquent taY collection services contract and
provide the City's attorneys with direction. A public discussion of this le~al
matter would conflict with the duty of the City's Attorneys to the client
under the TeYas Disciplinary Rules of Professional Conduct of the State Bar
of TeYas.
3. Consult with City's attorneys regarding the status and potential settlement of
pending litigation styled Montano, et al. v. City of Denton, Cause No. 2009-
60325, currently pending in the 431st District Court, Denton County.
C. Official Action on Closed Meeting Itein(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
No official action was taken on Closed Meeting items..
With no further business, the Mayor reconvened the ineeting in Open Session and the ineeting
was adjourned.
MARIL A. BLJRROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS