July 12, 2011 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
July 12, 2011
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, July 12, 2011 at 3:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem Kamp,
and Mayor Burroughs
ABSENT: None
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on the Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for July 12, 2011.
Council Member Watts asked about Consent Agenda Item 4G. He stated that Council had a
previous discussion regarding emissions from a Midlothian plant and wet kiln versus dry kiln.
He questioned which type was this manufacturer.
Elton Brock, Purchasing Agent, stated that the product was a sole source mixture from a
company with a patient which increased the hardness of the cement.
Council Member Watts stated that Council had a previous concern about the manufacturing of
the cement and he was questioning what method was used to mix this.
City Manager Campbell stated that staff would research that question and report back to Council.
Mayor Burroughs asked about Consent Agenda Item 4F and the replacement of the vehicles. He
questioned what would be done with the old vehicles.
Brock stated that staff would decide what to do with the old vehicles as soon as the new vehicles
were delivered.
Mayor Burroughs suggested that staff let Council know before something was decided to see if
the City could work with a sister city on the vehicles.
Brock stated that normally the vehicles went through a local auction.
3. Receive a report, hold a discussion and give staff direction on the new Animal Care and
Adoption Center construction planning process.
Mayor Pro Tem Kamp stated that she was pleased that an announcement would be made
regarding the Center and introduced the Foundation members and volunteers for the Center.
Bette Sherman, Chair-Foundation Board, announced that the Board had surpassed its $2 million
goal as of the end of June.
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July 12, 2011
Page 2
Scott Fletcher, Captain-Denton Police Department, presented an update on the progress of the
Animal Care and Adoption Center. The Denton Animal Shelter Foundation agreement with the
City had several components. The City components included property acquisition, architectural
services, construction timeline, operation of the shelter, and additional funding sources. The
Foundation components included a capital campaign and naming recommendations. Both
entities were involved in the architect selection, planning/design, and design changes (in
construction). A Building Committee of equal members of the Foundation and City staff had
been formed.
Status of the campaign – Fletcher reviewed the capital campaign goal in terms of in-kind
donations and cash/pledges. Cash donations at the end of 2010 were $1.0 million, at the end of
2011 $1.2 million with the remaining funds scheduled to come in over the next 4 years. All of
the cash would be turned over to the City once a contract was signed to be used for construction.
Architect selection - Connolly Architects and Consultants had performed a shelter feasibility
study in 2005; a shelter master plan in 2008 and had done numerous animal shelter designs.
They were recommended by the Building Committee.
Project Timeline – the total project timeline was 18 months with the design phase consisting of 7
months, 2 months for bidding/negotiations and a construction phase of 9 months. It was
anticipated that the project would begin in September 2011 and be completed in December 2012
assuming there were no delays in the project.
Council Member Watts asked what the cost of the land was and the total cost for the building and
the land.
Fletcher stated that the total land area was 20 acres which cost $1 million with seven acres set
aside for the shelter at a cost of approximately $400,000. Current project estimates were in the
$215-$250 per square foot for construction.
Council Member Roden questioned the price range of the construction estimates.
Fletcher stated that was a floating range for square footage of construction. Until the
construction documents were completed, a firm figure was not available.
Council Member Gregory asked about the options listed in the backup materials. It appeared that
Option 3 was the direction needed.
Fletcher stated that staff was asking for a recommendation to begin the architect selection and
development of the construction documents and negotiate with Connolly Architects for the
development of the documents.
Council Member Gregory stated those would be Options 1 and 3.
Fletcher replied correct.
Consensus of the Council was to proceed with Options 1 and 3.
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July 12, 2011
Page 3
Bette Sherman introduced the members of the Board of Directors of the Foundation who were
present at the meeting. She indicated that to date, 13,300 volunteer hours had been logged by the
Board and volunteers had logged 10,000 hours. The public-private partnership was very helpful
in all of their fundraising. Even though the Foundation had met their goal, they would continue
to raise funds to help with the interior of the facility. The community expected that a result will
be what Council decided today. To date, they had 988 donors to the campaign, from special
education children to students to local businesses. $330,000 of the $2 million was grant money
and the Foundation hoped to receive more in grant funds in the future.
4. Receive a report, hold a discussion and give staff direction regarding nominations to the
City's Boards and Commissions.
The Council reviewed the nominations by board and council member as listed in the backup
materials.
Mayor Burroughs indicated that Council would continue to work on any outstanding
nominations.
5. Receive a report, hold a discussion and give staff direction regarding the request for City
sponsorship of the First Annual Susan G. Komen Race for the Cure to be held in Denton
on September 24, 2011.
Linda Ratliff, Director of Economic Development, stated the Mayor, Mayor Pro Tem and several
staff members met with the Komen people in June regarding holding their first Denton race on
September 24, 2011. Komen representatives had been working with UNT and developed a
course with most of the race on the UNT campus. Komen requested in-kind sponsorship from
the City in terms of police and fire/EMS support and barricades. The race also was the same day
as the second home football game at UNT. The race was expected to attract 3,000-5,000 people
th
in Denton and would take place the morning of September 24. Staff had looked at costs for
overtime for police and fire and the cost for a barricade company to provide that service as the
City would not have enough barricades for the event. There were over 30 intersections that
needed to be manned or barricaded. UNT would do most of those except for eight intersections.
An estimate for police services was $2,000-$2,800; fire was $2,250 and barricades were $3,130
which did not include a traffic control plan cost. Staff was asking Council for a decision on the
funding for this event which was planned to be an annual event for the City.
Mayor Burroughs asked whether TWU had been asked for barricades to borrow for the event or
perhaps the DISD.
Ratliff replied that with past events the City did not participate in the setup or removal of
barricades as it would require paying overtime for those functions. It was more cost effective for
a barricade company to do that function
Council Member Watts questioned how long the event would be from registration until the last
person finished.
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July 12, 2011
Page 4
Glynis Anderson, Kolman Events Logistics Manager, stated that the plan was to start registration
at 5:30 a.m. with the one mile race followed by the 5K and casual 5K race. There would be a
festival following the races which would end around 10:00 a.m.
Council Member Engelbrecht asked if TWU was participating in the event.
Anderson stated that UNT was the host and TWU would be involved along with Sally Beauty
Supply.
Council Member Engelbrecht asked about the number of participants.
Anderson stated that they were projecting 3,000-5,000 involved in the race with additional
people coming to watch the participants.
Council Member Engelbrecht asked if there was a commitment fee.
Anderson replied not for this race but there was a suggestion to raise money but it was not a
requirement. The fundraising goal was $300,000 for the Denton race with 75% of that money
staying with the affiliate and 25% going for research.
Ratliff stated that staff needed to know if Council would like to move forward with sponsorship
and funding for barricades.
Council Member Watts questioned the source of the funding.
Ratliff stated that there some contingency funds available which could be used. Staff would
have to research to see if the event met the criteria for HOT funds.
Mayor Burroughs suggested including a “not to exceed figure” if Council wanted to proceed.
Council Member Watts suggested checking with DCTA to see if it would like to be involved to
help people coming from Dallas with shuttle service to UNT.
Consensus of the Council was to proceed with sponsorship and find funding for the barricades
with a not to exceed cost of $10,000.
The Council convened in Closed Meeting at 4:28 p.m. to consider the following:
1. Closed Meeting:
A.Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
1.Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition or the condemnation of a fee
simple tract, a temporary construction easement tract, and a public utility
City of Denton City Council Minutes
July 12, 2011
Page 5
easement tract for the Mayhill Road Widening and Improvements project,
affecting real property tract in the M. Forrest Survey, Abstract No. 417, in
the City and County of Denton, 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.
B.Deliberations regarding consultation with the City Attorney - Under Texas
Government Code Section 551.071, Deliberations regarding Economic
Development Negotiations - Under Texas Government Code Section 551.087.
1.Receive a report and hold a discussion regarding legal issues on matters in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code. Also hold a discussion
regarding a grant application from Joe Northern for the Downtown
Incentive Grant Program with respect to redevelopment of a building on
207 N. Bell Avenue. This discussion shall include commercial and
financial information the City Council has received from Joe Northern
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; including the offer of financial or
other incentives.
C.Consultation with Attorneys - Under Texas Government Code Section 551.071.
1.Consult with City's attorneys regarding legal rights, restrictions and
obligations under Texas law, associated with overlapping extraterritorial
jurisdictions claimed by municipalities neighboring the City of Denton,
Texas, where a public discussion of such legal matters would conflict with
the duty of the City's attorneys to the City of Denton, Texas under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, and where such matters may become an issue in potential
litigation.
2.Consult with, and provide direction to, City's attorneys on legal issues
associated with existing and potential regulation of gas well drilling and
exploration within the Denton city limits and extraterritorial jurisdiction,
specifically including, but not limited to, the following general categories,
as they may relate to such regulations:
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July 12, 2011
Page 6
a.Legal issues and strategies associated with proposed and potential
modifications to existing local regulations, as they relate to
existing, proposed and potential gas well drilling and exploration
within the Denton city limits and extraterritorial jurisdiction, as
well as limitations imposed upon the City's regulatory authority,
with regard to such issues and strategies; and
b.Legal issues and strategies associated with possible preemption of
local regulatory standards relating to gas well drilling and
exploration with the Denton city limits and extraterritorial
jurisdiction, by existing, proposed and potential Federal and State
legislation, and administrative regulations.
The Council convened in the Regular Meeting at 6:30 p.m. in the Council Chambers.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
There were no proclamations/presentations for this meeting.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Diane Sloan regarding how the Code is being interpreted.
Ms. Sloan stated that she was concerned about a deck that was built in her neighbor’s yard which
although it met current code was much higher than her privacy fence. When people were out on
that deck, they were able to look over her fence and into her home. She asked Council to
consider revising the code so that this would not be a problem in the future.
CONSENT AGENDA
4.
Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member King
"aye", Council Member Roden "aye", Council Member Gregory "aye", Council Member
Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
City of Denton City Council Minutes
July 12, 2011
Page 7
Resolution No. R2011-024
A.Consider approval of a resolution of the City of Denton, Texas approving a revised City
personnel policy regarding Equal Employment Opportunity; and declaring an effective
date.
Resolution No. R2011-025
B. Consider approval of a resolution of the City of Denton, Texas approving a revised City
personnel policy regarding Harassment Prevention/Workplace Abuse; and declaring an
effective date.
Resolution No. R2011-026
C. Consider approval of a resolution of the City of Denton, Texas approving a revised City
personnel policy regarding Anti-Substance Abuse and Rehabilitation; and declaring an
effective date.
Resolution No. R2011-027
D. Consider approval of a resolution of the City of Denton, Texas approving a revised City
personnel policy regarding Demotions; and declaring an effective date.
Resolution No. R2011-028
E. Consider approval of a resolution of the City of Denton, Texas approving a revised City
personnel policy regarding a Worker's Compensation/Salary Continuation Program; and
declaring an effective date.
Ordinance No. 2011-104
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 Cooperative Purchasing
Network for the replacement of two existing Bomb Technician Response vehicles for the
City of Denton Fire Department; providing for the expenditure of funds from the Urban
Areas Security Initiative Grant therefore; and providing an effective date (File 4743-
Purchase of Two Bomb Response Vehicles for the City of Denton Fire Department
awarded to Caldwell Country Chevrolet in the total amount of $139,576).
Ordinance No. 2011-105
G. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of Cem-Lime from
TXI, which is available from only one source in accordance with the pertinent provisions
of Chapter 252 of the Texas Local Government Code exempting such purchases from the
requirements of competitive bidding; and providing an effective date (File 4747-
Purchase of Cem-Lime for Street Department in the unit price amount of $135/dry ton
for an annual estimated amount of $300,000).
Ordinance No. 2011-106
H. Consider adoption of an ordinance authorizing the City Manager of the City of Denton,
Texas, or his designee, to execute for and on behalf of the City a Pipeline Crossing
Agreement, by and between the City of Denton, Texas, and the Union Pacific Railroad
Company, relating to the construction, maintenance and operation of a sanitary sewer
pipeline within the railroad right-of-way, located immediately north of said railroad
City of Denton City Council Minutes
July 12, 2011
Page 8
right-of-way's intersection with McKinney Street at Mile Post: 718.95, Choctaw
Subdivision within the Buffalo Bayou, Brazos and Colorado Railroad Company Survey,
Abstract Number 185, City and County of Denton, Texas; authorizing the expenditure of
funds therefor; and providing an effective date.
Approved the Council committees as noted in the agenda backup materials.
I. Consider appointments to Council committees.
Approved the minutes as noted below.
J. Consider approval of the minutes of:
June 7, 2011
June 14, 2011
June 21, 2011
Ordinance No. 2011-107
K. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager of his designee to execute a real estate contract of sale between the City of
Denton and Black Bear Properties, LLC and other documents necessary to acquire an
approximate 4.024 acre tract of land, being located in the M. Forrest Survey, Abstract
Number 417, City and County of Denton, Texas; authorizing the expenditure of funds
therefore; and providing an effective date. (Mayhill Road Widening and Improvements
project)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2011-108
A. CONTINUED - Consider adoption of an ordinance of the City Council of the
City of Denton, Texas, approving a grant application from Joe Northern from the
Downtown Incentive Grant Program not to exceed $5,000; and providing for an
effective date. The Economic Development Partnership Board recommends
denial (7-0).
Council Member Gregory motioned, Council Member Roden seconded to remove the item from
the table. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”,
Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Council Member Roden motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
6. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
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July 12, 2011
Page 9
1. Nell Yeldell regarding water and soil contamination and the definition of
minority and majority.
Ms. Yeldell was not present at the meeting.
2. Zorobabel Gomez, Jr. regarding citizen input regarding public policy.
Mr. Gomez was not present at the meeting.
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 a report on the possibility of a right hand turn lane at the corner
of Hobson and Highway 1830.
Council Member Gregory, along with a consensus of the Council, asked staff to survey
neighboring communities that had height setback restrictions regarding decks around outdoor
structures.
Council Member Gregory asked for an informal staff report regarding the landscaping around the
gas well in the Rayzor Ranch development.
Council Member Engelbrecht asked for a time frame when the landscaping at the Rayzor Ranch
gas well would be replaced.
Council Member Engelbrecht stated that he had also received requests for a right turn lane at
Hobson and Highway 1830.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
July 12, 2011
Page 10
Mayor Burroughs announced that Council would be going back into Closed Session.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of
the Texas Open Meetings Act.
Mayor Burroughs indicated that there would be no official action on Closed Meeting items.
Council convened in Closed Session at 7:07 p.m. to consider the following:
C.Consultation with Attorneys - Under Texas Government Code Section 551.071.
3.Consult with, and provide direction to, City's attorneys on legal issues
associated with previous annexations of land, specifically including, but
not limited to, legal and strategic issues associated with the modification,
negotiation and enforcement of non-annexation agreements as they relate
to building on lots within plats approved prior to the execution of non-
annexation agreements, as well as more general legal and strategic issues
relating to the annexation of such area.
D.Deliberations Regarding Real Property - Under Texas Government Code Section
551.072; and Consultation with Attorneys - Under Texas Government Code
Section 551.071.
1.Discuss, deliberate and receive information from Staff and provide Staff
with direction pertaining to the possible acquisition of certain real
property more particularly described as a 0.93 acre tract, in the M.
Yoacham Survey, Abstract No. 1442, in the City of Denton, Denton
County, Texas. Consultation with the City's attorneys regarding legal
issues associated with the potential acquisition of the tract referenced
hereinabove, 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 Disciplinary Rules of Professional Conduct of the State
Bar of Texas, or would jeopardize the City's legal position in any potential
litigation.
Following the completion of the Closed Meeting at 7:24 p.m., the Mayor reopened the meeting at
which time the meeting was adjourned.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS