February 1, 2011 MinutesCITY OF DENTON CITY COUNCIL MINUTES
February 1, 2011
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, February 1, 2011 at 4:00 p.m. in the Council Work Session Room at City Hall.
Note: Due to the poor weather conditions, the Work Session was not held.
1. Citizen Comments on Consent Agenda Items
This item was not considered.
2. Requests for clarification of agenda items listed on the agenda for February 1, 2011.
This item was not considered.
3. Receive a report, hold a discussion, and give staff direction regarding the governance of the
Airport as recommended in the Denton Airport 2010 Business Plan.
This item was not considered.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, and Mayor Pro Tem Kamp.
ABSENT: Council Member Heggins and Mayor Burroughs.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Presentation by Carter Blood Care of Four Seasons Award.
2. Presentation of Empowering Excellence Award.
3. Denton Family Unity Week Proclamation.
Due to the weather conditions, the presentations and proclamations were postponed to a future
meeting.
City of Denton City Council Minutes
February 1, 2011
Page 2
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
1. Stephanie Johnson regarding red light cameras in Denton.
Ms. Johnson was not present at the meeting.
4. CONSENT AGENDA
Council Member Gregory motioned, Council Member Watts seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items B and C. On
roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", and Mayor Pro Tem Kamp "aye". Motion
carried unanimously.
Approved the exception to the Noise Ordinance as listed below.
A. Consider a request for an exception to the Noise Ordinance for the purpose of performing
live music during House Concerts hosted by Cassandra Fuhrmann. The House Concerts
will be located at 616 Woodland Street, beginning at 5:00 p.m. and concluding at 8:00 p.m.,
on the following Sundays: March 27, April 17, May 22, August 28, September 25, and
October 23, 2011. This request is for an increase in decibels from 65 to 69 and for
amplified sound on Sundays. Staff recommends approving the noise exception request.
This item was not considered.
B. Consider adoption of an ordinance amending Ordinance No. 2003-258 relating to the
Economic Development Partnership Board ("The Board") to add to the membership of the
Board and to expand the duties of the Board to include branding and marketing for the
Denton Municipal Airport in support of the Denton Airport 2010 Business Plan and to
further include duties related to Airport economic development incentives; repealing all
conflicting ordinances and portions thereof, and providing an effective date.
This item was not considered.
C. Consider approval of a resolution amending Resolution No. R2009-015 to establish a
standing committee of the City Council of the City of Denton, Texas to be known as the
City Council Airport Committee to advise and assist the City Council regarding City of
Denton Municipal Airport Matters; alternatively assigning such duties to an existing City
Council committee; and providing for an effective date.
Ordinance No. 2011-011
D. Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for Front Load Refuse Containers and Replacement Lids for the City of Denton
Solid Waste Department; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4598-Annual Contract for Front Load Refuse Containers awarded to the
lowest responsible bidder meeting specification, Roll-Offs USA, Inc., in the annual
estimated amount of $140,000). The Public Utilities Board recommends approval (5-0).
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February 1, 2011
Page 3
Ordinance No. 2011-012
E. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal
Agreement with the City of Fort Worth and awarding a contract for the Commercial Credit
Card Services; repealing Ordinance 2003-247; authorizing the City Manager or his designee
to make expenditures as set forth in the Participation Agreement; and providing an effective
date (File 4649-Interlocal Agreement for Commercial Credit Card Services with the City of
Fort Worth, contract awarded to JPMorgan Chase Bank, N.A.).
Ordinance No. 2011-013
F. 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 for the acquisition of
thirteen (13) vehicles for the City of Denton General Fund Departments by way of an
Interlocal Agreement with the City of Denton; and providing an effective date (File 4650-
Interlocal Agreement for the purchase of General Fund Vehicles awarded to Caldwell
Chevrolet in the amount of $248,230 and Philpott Ford in the amount of $111,752 for a total
award of $359,982).
Ordinance No. 2011-014
G. Consider adoption of an ordinance of the City of Denton, Texas approving an agreement
between the City of Denton and the North Texas Umpire Association; determining a sole
source and approving the expenditure of funds for the purchase of Certified Softball
Officiating Services available from only one source in accordance with the provisions of the
state law exempting such purchases from the requirements of competitive bids; and
providing an effective date (File 4641-Agreement with North Texas Umpire Association in
the amount per game as specified in the agreement for an estimated award of $68,500).
Ordinance No. 2011-015
H. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
Annual Maintenance for continued vendor support of the Open Systems International, Inc.,
Monarch SCADA (Supervisory Control and Data Acquisition) System from only one
source in accordance with the provision for State Law exempting such purchases from
requirements of competitive bids; providing for the expenditure of funds therefor; and
providing an effective date (File 4645-Purchase of Annual Maintenance Services for
Monarch Software Package awarded to Open Systems International, Inc. in the amount of
$96,760). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2011-016
L Consider adoption of an ordinance approving the expenditure of funds for the refurbishment
of a Quint Aerial Fire Trick for the City of Denton Fire Department available from only
one source in accordance with the provision for State Law exempting such purchases from
requirements of competitive bids; providing for the expenditure of funds therefore; and
providing an effective date (File 4652-Purchase of Services and Materials for
Refurbishment of Aerial Fire Trick awarded to E-One in the amount of $352,330).
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February 1, 2011
Page 4
Ordinance No. 2011-017
J. Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No.
2005-112, and thereby revoking an alternative development plan previously approved
therein, for approximately 3.2 acres of land generally located at the southwest corner of
Windriver Lane and I-35E, in the City of Denton, Denton County, Texas; and providing for
an effective date. (ADP04-0009, Unicorn Lake)
Ordinance No. 2011-018
K. Consider adoption of an ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a professional services agreement with Burns &
McDonnell for environmental permitting services and studies incident to the development
of the 10 MW CUP facility in Denton, Texas; providing for the expenditure of funds
therefor; and providing an effective date (in an amount not to exceed $146,806; and in the
aggregate amount of not-to exceed $188,681). The Public Utilities Board recommends
approval (5-0).
Resolution No. R2011-001
L. Consider approval of a resolution of the City Council of the City of Denton, Texas,
suspending the effective date for ninety days in connection with the rate increase filing of
Oncor Electric Delivery Company LLC on January 7, 2011; finding that the meeting
complies with the Open Meetings Act; making other findings and provisions related to the
subject; and declaring an effective date.
Approved the minutes listed below.
M. Consider approval of the minutes of. December 7, 2010 December 14, 2010 January 4,
2011 January 11, 2011
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. 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
12 (NRMU-12) zoning district classification and use designation, with an overlay
district, on 6.836 acres of land located at the northeast corner of Glenwood Lane
and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract
No. 762, within the City of Denton, Denton County, Texas; providing for a penalty
in the maximum amount of $2,000.00 for violations thereof, severability and an
effective date. (Z 10-0007, 1411 E. University Drive) The Planning and Zoning
Commission recommends approval with an overlay district (3-2).
Council Member Gregory motioned, Council Member Watts seconded to continue the item to the
next Council meeting. On roll call vote, Council Member King "aye", Council Member Watts
"aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Pro Tem
Kamp "aye". Motion carried unanimously.
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February 1, 2011
Page 5
B. Consider nominations/appointments to the following boards and commissions:
1. Community Development Advisory Board
2. Health and Building Standards Commission
3. Historic Landmark Commission
4. Human Services Advisory Committee
5. Public Art Committee
6. Traffic Safety Commission
7. Zoning Board of Adjustment
8. Downtown Denton Tax Increment Financing Reinvestment Zone Board
Council Member Watts nominated James McDade to the Human Services Advisory Committee
and Eric Piledo to the Historic Landmark Commission.
Council Member Gregory nominated Sara Bagheri to the Human Services Advisory Committee,
Pat Cheek to the Traffic Safety Commission and Cecile Carson to the Health and Building
Standards Commission.
Council Member Heggins requested to nominate Michael Green to the Traffic Safety
Commission.
Council Member Engelbrecht nominated Howard Draper to the Traffic Safety Commission.
Council Member Watts motioned, Council Member King seconded approve the nominations.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", and Mayor Pro Tem Kamp "aye". Motion
carried unanimously.
6. PUBLIC HEARINGS
A. Hold the first of two public hearings to consider the involuntary annexation of
approximately 1,595 acres of land located within the City of Denton's
Extraterritorial (ETJ) Jurisdiction, Division 1, in accordance with Texas Local
Government Code. The proposed annexation consists of three (3) distinct areas
under multiple ownerships and are identified and generally located as follows:
1. DH-7: 143 acres, located east and north of Teasley Lane, south of Teasley
Harbor Subdivision and west of Southlake Drive;
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February 1, 2011
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2. DH-9: 298 acres, located north of Pockris Page Road, north, south and
northeast of Edwards Road; and
3. DH-12: 1,154 acres, located south of E. University Drive, east of N.
Mayhill Road, north and south of Blagg Road, north and south of Mills
Road, east and west of S. Trinity Road.
Mark Cunningham, Director of Planning and Development, stated that this was an involuntary
annexation and service plan for three areas with multiple parcels in the City's extraterritorial
jurisdiction.
Overview/Background - In 2009, 18 potential annexation areas were identified. Of the 18 areas,
all but three were exempted from the 3-year annexation plan requirements. The 15 areas that
were exempted from the requirement of the 3-year annexation plan were annexed on May 4,
2010 except for properties that qualified for non-annexation agreements. The areas to be
included in the proposed annexation in terms of acres and parcels were reviewed.
Annexation plan process included (1) the adoption of a 3 year annexation plan, (2) providing
written notice of intent to annex, (3) conducting an inventory of services and facilities, (4)
preparing a service plan for extension of full municipal services, (5) holding two public hearings,
(6) negotiating for the provision of services and (7) holding two readings of the annexation
ordinance. A Service Plan must be prepared that provided for full municipal services to the
annexed areas. The City may provide the services by any of the methods by which it extended
services to other areas of the City. The City was not required to extend services to a newly
annexed area prior to the extension of services to existing similar areas. The City was not
required to provide a uniform level of full municipal services to each area annexed if different
characteristics of topography, land use and population density constituted a sufficient basis for
providing different levels of service. Staff was recommending the same Service Plan for the
three-year annexation areas that was prepared and adopted for the other 15 recently annexed
exempted areas.
Elements of the Service Plan - (1) Fire - would be provided at a level consistent with current
methods and procedures consistent with those services provided to other areas of the city
including fire suppression, pre-hospital medical services, hazardous materials response,
emergency prevention, technical rescue response and constriction plan review. (2) EMS -
included emergency medical dispatch, pre-hospital emergency advanced life support and medical
rescue services. (3) Solid Waste - solid waste and recycling services would be made available
immediately upon the effective date of annexation with private collection services continuing up
to two years after the annexation. (4) Parks and Recreation - the annexed areas would be able to
utilize all existing park and recreation facilities on the effective date of the annexation. (5)
Streets - emergency street maintenance would be provided on the effective date of the
annexation, routine maintenance would be provided consistent with current policies of the City,
and roadway signage would be provided in priority of importance starting with emergencies. (6)
Water - connection to existing city water in accordance with existing city policies would be
available at the established rates. As new development occurred in the annexed areas, the
extension of water would be extended consistent with city policies. Water service capacity
would be provided consistent with the same fashion in the current city limits. Existing
developments, businesses or homes on individual water systems would be allowed to remain as
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February 1, 2011
Page 7
such until a request was made for service. (7) Wastewater - sanitary sewer mains would be
extended in accordance with the provisions of the City's codes, ordinances and regulations. (8)
Operation and Maintenance - the City would assume the operation and maintenance of
wastewater facilities; roads and streets; and any other publicly owned facility, building or service
following the effective date of the annexation. After holding the public hearings, the City and
property owners must negotiate with area representatives for the provision of services to the area
after annexation. The Denton County Commissioners Court would select the representatives to
negotiate with the City for the provision of services. The City would not be able to annex those
areas appraised for agriculture, wildlife management or timberland uses unless offered a non-
annexation agreement and the property owner declined to make the agreement.
Annexation schedule - the second public hearing was scheduled for February 15th with
negotiations for services determined after that. The first reading of the annexation ordinance was
scheduled for January 2012 with the 2" d reading to be held sometime before May 2013.
The Mayor Pro Tem opened the public hearing.
The following individuals spoke during the public hearing:
Will Strict, 4008 Hickory Lane, Denton, 76208 - had questions regarding the process
Leo Miller, 3091 Swisher, Denton, 76208 - concerned about the services as presented
The Mayor Pro Tem closed the public hearing.
Mayor Pro Tem Kamp stated that because of the weather there was a concern that many citizens
were not able to attend this meeting. A third public hearing would be scheduled as a courtesy to
those individuals. The hearing would be either February 17th or 18th.
Cunningham noted in response to Mr. Miller's concerns that the Service Plan must provide the
area with a level of service comparable to or superior to the level of services available in other
parts of the City with land uses and population densities similar to those projected in the area.
The timing of the services would be issues included in the negotiation phase. Different areas
might get different levels of service consistent with similar areas in the city.
Council Member Gregory asked if there would be separate negotiation teams for each area of
annexation or one team for the entire process.
Cunningham stated that it was anticipated that there would be several separate negotiations from
each area.
No action was required by Council on this item at this time.
B. 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
Mixed Use 12 (NRMU-12) zoning district classification and use designation, on
approximately 0.26 acres of land located on the east side of Bonnie Brae Street and
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February 1, 2011
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approximately 200 feet south of Emery Street; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability and an effective
date. (Z10-0012, Janke Addition) The Planning and Zoning Commission
recommends approval (4-0).
Mayor Pro Tem Kamp stated that Council could open the public hearing and continue it to the
February 15th agenda.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
Council Member King motioned, Council Member Watts seconded to continue the public
hearing to the February 15, 2011 council meeting. On roll call vote, Council Member King
"aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member
Engelbrecht "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously.
Ordinance No. 2011-019
C. Hold a public hearing and consider adoption of an ordinance granting approval of a
sub-surface use of a portion of Quakertown Park for the purpose of a sewer line
easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code;
providing for the issuance of a sewer easement; and providing an effective date. The
Parks, Recreation and Beautification Board recommends approval (6-0).
Bob Tickner, Parks Superintendent, stated that Denton Municipal Utilities had requested the use
of parkland to relocate a sewer line across Quakertown Park. The Texas Parks and Wildlife
Code required a public hearing to determine that there were no feasible alternatives to the use or
taking of the land. Several other options were explored but the proposed use was the most
prudent and cost effective way to provide the sewer line in this area. The Parks, Recreation and
Beautification Board recommended approval.
Council Member Gregory asked how the line would be developed.
Jim Wilder, Senior Engineer, stated that an open cut would be made to cross the creek with a
replacement of the concrete embankment.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
Council Member Watts motioned, Council Member King seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", and Mayor Pro Tem Kamp "aye". Motion
carried unanimously.
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February 1, 2011
Page 9
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual information or recitation of
policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be taken, to
include: expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body
or an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda.
Council Member Watts asked for an informal staff report regarding the constriction of student
family homes in single family subdivisions.
Council Member Engelbrecht thanked the staff who had been outdoors the last 24 hours doing
service for citizens.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Mayor Pro Tem Kamp announced that Council would go into Closed Meeting following the
completion of the regular meeting.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action taken on Closed Meeting items.
Following the completion of the regular session, the Council convened into Closed Session to
discuss the following:
1. Closed Meeting:
A. Deliberations regarding Certain Public Power Utilities: Competitive Matters
Under Texas Government Code Sec. 551.086 and Consultation with Attorneys -
Under Texas Government Code Sec. 551.071.
1. Receive a status report and further presentation from staff regarding public
power competitive and financial matters regarding the possible constriction
and installation of a state-of-the-art combined heat and power (CUP) 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
direction regarding same. Further, receive a briefing from and a consultation
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February 1, 2011
Page 10
with the City's attorneys regarding legal issues concerning the possible
constriction and installation of a combined heat and power (CUP) 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 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.
B. Consultation with Attorney - Under Texas Government Code Section 551.071;
Deliberations regarding Real Property - Under Texas Government Code Section
551.072.
1. Receive a report and hold a discussion with the City's attorneys regarding
legal issues associated with real property interests located in the Hiram Sisco
Survey, Abstract No. 1184, City of Denton, Denton County, Texas (the
"Property") and actions of the City of Denton related to the value and sale of
the Property. The duty of the City's attorneys to the City of Denton under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code in this matter. Also hold a
discussion to deliberate the purchase, exchange, lease or value of the
Property. A discussion of these matters in an open meeting would have a
detrimental effect on the position of the City of Denton in negotiations with
the third party.
C. Consultation with Attorney - Under Texas Government Code Section 551.071;
Deliberations regarding Economic Development Negotiations - Under Texas
Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues related to
economic development incentives in which the duty of the attorney to the
City of Denton under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflicts with the provisions of the Texas
Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold
a discussion regarding economic development incentives and the discussion
shall include commercial information the City Council has received from the
candidate which the City Council seeks to have locate, stay, or expand in or
near the territory of the City, and with which the City Council is conducting
economic development negotiations and to deliberate the offer of a financial
or other incentive to such candidate.
With no further business, the meeting was adjourned.
MARK A. BURROUGHS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS