March 1, 2011 MiinutesCITY OF DENTON CITY COUNCIL MINUTES
March 1, 2011
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, March 1, 2011 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Heggins, Council
Member Gregory, and Mayor Burroughs.
ABSENT: Council Member Engelbrecht, and Mayor Pro Tem Kamp.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for March 1, 2011.
Council Member Gregory asked about the Public Utility Board recommendation for Consent
Agenda Items H and I.
City Manger Campbell stated that the Public Utility Board had considered those items yesterday
and had voted 6-0 for approval.
Mayor Burroughs noted that Consent Agenda Item D had been reviewed very carefully by staff
in determining the most responsible bidder and the low bidder had not been recommended.
City Attorney Burgess stated that the low bidder did not meet minimum qualifications.
3. Receive a report, hold a discussion, and give staff direction regarding the FY 2009-10
Comprehensive Annual Financial Report (CAFR) and annual audit.
Bryan Langley, Chief Financial Officer, stated that there were three documents included in the
backup materials; the Comprehensive Annual Financial Report, the single Audit Report and the
Auditor's communication to the Audit Committee. These reports had been discussed in detail
with the Audit/Finance Committee.
Overview and Purpose - discuss the CAFR report section, provide a review of the accounting
basis and financial statement presentation, discuss key financial information, discuss audit
process and comments, and provide an opportunity for auditor to discuss the financial
statements.
Report overview - the CAFR was comprised of three sections; the introductory section, financial
section and statistical section. The report was designed to comply with GAAP/GASB guidelines
with an emphasis on transparency and disclosure.
Financial presentation - governmental funds used a modified accrual and current financial
resources management focus. Proprietary funds used full accrual accounting and economic
resources focus. An Entity-Wide Presentation (statement of net assets and activates) provided a
consolidated view of the organization using one basis of accounting. Individual fund level
presentations were dictated based on whether the funds were governmental or proprietary in
nature.
City of Denton City Council Minutes
March 1, 2011
Page 2
Key Financial Information - net assets for the City increased by $25.5 million in FY 2010 due
primarily to higher net revenue from governmental and business type activities. Combined
governmental fund balances increased by $6.7 million. The General Fund unreserved/
undesignated fund balance was $21.5 million, a decrease of $1.3 million from the prior year.
Audit Comments - the City received an unqualified or "clean" opinion from the audit firm. This
was the best possible opinion that could be received. A Single Audit was also conducted for
state and federal grant awards with no findings noted for the 5th year in a row. There were no
Management Comments.
4. Receive a report, hold a discussion and give staff direction regarding drafting a new
Planned Development (PD) ordinance for inclusion within the Denton Development Code,
with associated development standards. The discussion will include a general overview of
PD's, a brief history of PD's in Denton, effect of 2002 city-wide rezoning, and rescinding of
previous PD districts. (DCA10-0007)
Mark Cunningham, Director of Planning and Development, reviewed a general overview of
planned developments in Denton and the proposed new ordinance.
Overview - the presentation would include a brief history of planned developments, planned
development regulations, the planned development review process and staff recommendations.
Planned Development History - the first planned development regulations were adopted between
1966 and 1969. In 1969 there were 5 planned developments in the city. Planned developments
were eliminated in 2002 with the city-wide rezoning. Reasoning for the elimination of planned
developments included (1) below par guidelines; (2) disparity in guidelines; (3) no timelines for
development and over time the uses were no longer compatible with adjacent districts, the
infrastructure serving the proposed uses and future land uses at the actual time of the
development were below par but vested; (4) the original purpose of planned developments was to
achieve higher standards of development but that was not necessarily achieved; (5) planned
developments became a means to circumvent conventional development code requirements; (6)
many planned developments were not consistent with the Comprehensive Plan and the Denton
Plan; and (7) the planned developments were hard to administer. In 2002 there were
approximately 200 planned developments in the City but only 15 were retained and vested in the
Denton Development Code.
In 2007 the Master Planned Community (MPC) process was adopted. In all practicable purposes,
the MPC was a planned development. There was, however, no ability to do small type MPCs as
the minimum area for one was 300 contiguous acres or 125 contiguous acres held under single
ownership at the time of application. There currently were four approved MPCs in Denton -
Hills of Denton, Hills of Denton North, Inspiration and Cole Ranch.
A planned development was a development that had been approved via a process that required
the comprehensive review of project design. Planned developments could be used in a variety of
situations. The purpose and intent of planned developments were to (1) conform with and
enhance the goals and policies in the Denton Plan; (2) achieve a much higher quality of
development; (3) provide an alternative zoning district and development process; (4) allow
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March 1, 2011
Page 3
flexibility under controlled conditions; and (5) achieve a desired development form such as New
Urbanism, transit-oriented development, residential clusters, and Smart Growth.
To avoid the short comings of the City's former planned development regulations, staff
recommended the following regulations (1) appropriateness that would designate minimum size,
and the development should be planned and maintained as an integrated unit; (2) physical
characteristics of the site should be suitable and free from probability of erosion, flood hazard or
other damages; (3) should be located in relation to available transportation systems, sanitary
sewers, emergency services, schools, public safety, water, storm and surface drainage systems;
(4) should be compatible with surrounding areas to minimize the negative effects of external
impacts such as traffic, noise or lights; (5) should be responsive to the character of the area; (6)
should include adequate screening, buffering, and transitional uses with surround property; (7)
vehicular access should be designed to encourage smooth traffic flow and pedestrian access
should be separated from vehicular access point to reduce congestion, friction and hazards; (8)
streets, drives, parking and service areas should provide safe and convenient access to all
buildings and general facilities; (9) pedestrian system should have internal or external walkways;
(10) density/intensity should not exceed maximums projected in the Comprehensive Plan; (11)
should preserve the natural land features and historic resources; (12) height in the planned
development should not create any external impacts that would adversely affect surround
development; (13) buffer and screening should be provided at periphery of the district to protect
occupants from undesirable views, lights, noise or other off-site influence; (14) yards and
setbacks should be adequate to promote general health, safety, welfare, design excellence and
neighborhood compatibility; (15) solid waste and utility screens should be screened from sight;
(16) signs should be in accordance with the DDC or a special sign district should be created; (17)
landscaping should be equal to or exceed the standards stipulated in the DDC; (18) entranceways
should be identified and additional scrutiny should be given to the potential visual impacts of the
proposed projects; (19) utility standards should adhere to the requirements of the city's Criteria
Manual; (20) stormwater management should adhere to requirements of the zoning code; and
(21) minimum open space requirements should not be less than the requirement of the local
zoning code.
PD requirements should be specific, measurable, realistic, and when possible, have an applied
time factor. A planned development usually contained a zoning/land use map, a concept plan,
development phasing plan, detail plan, site plan, and PD project-specific ordinance.
There were different forms that could be used with a planned development. A short form
provided a general directive. The long form provided design standards that were highly detailed
and prescriptive. A hybrid form went beyond generalized regulations but did not enact a detailed
development format. It would specify the number of access points the project might have but did
not specify how they should be provided. A hybrid would be required to have internal capture of
traffic, establish a jobs/housing ratio but not how that ratio should be achieved. Adoption of a
single set of regulations and/or review process for all types of PDs might not be possible.
Examples of different types of PDs might included (1) small scale or in-fill
development/redevelopment as on a vacant site or redevelopment in the downtown area to
include 5-15 acres; (2) mid-scale developments on a greenfield or redevelopment of existing land
in suburban or non-urban area to included 15-100 acres; and (3) large-scale development/master
planned community which would usually be on a substantial acreage with the potential of having
a regional impact to include 100 acres and above.
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Staff s recommendation was to give staff direction to draft new planned development regulations
for inclusion in the Denton Development Code. Staff also recommended an intermediate
approach with emphasis on project outcome, development form, project design and character.
Different types of planned development options that were tailored to the size of the development
should be explored.
Mayor Burroughs stated that the general concepts associated with the removal of planned
developments were when the planned developments had been approved and the status of the
development. Some of the planned developments were very old and some had a lack of interest
to develop.
Council discussed infill development and the ease of development in those areas.
Council Member Heggins questioned if a planned development might not be possible in a certain
environment and asked how much input community was allowed regarding development.
Cunningham stated that a planned development could be placed wherever it was allowed to go
and included a lot of community interaction.
Mayor Burroughs stated that a small scale, such as 5 acres, would be hard to accumulate in the
downtown area and questioned if that would that eliminate redevelopment in the downtown
using planned developments.
Cunningham stated that an allowance could allow for other types of development tools. If an
area was too small, the whole City might be a planned development.
Mayor Burroughs asked if it could be possible for the City to have provision for downtown
redevelopment or brownfield areas and set a smaller standard if the area qualified for those
conditions.
Cunningham stated that would be possible.
Consensus of the Council was to move forward as suggested.
Mayor Burroughs noted that there was a Closed Session item associated with Work Session 45
and suggested Council consider Item 46, then go into Closed Session followed by consideration
of Item 45.
6. 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.
Bryan Langley, Chief Financial Officer, reviewed background information on this item. The
Airport Business Plan was approved by Council on November 16, 2010. During the business
plan discussion, the Council requested staff provide a recommendation on governance options
which staff provided at the Council's December 14th meeting. The staff recommendation would
(1) increase membership on the Economic Development Partnership Board (EDPB) by two
members, create a City Council Airport Committee to oversee airport operation and repeal the
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ordinance that established the Airport Advisory Board (AAB). Another staff recommendation
was to hold regularly scheduled meetings with interested stakeholders to share information and
ideas relative to Airport operations and continue to have the Airport Manager administer the day-
to-day operations of the Airport. Subsequent to the December 14th staff recommendation,
Council Member Engelbrecht suggested formalizing the existing Airport Safety Committee and
proposed that the Safety Committee membership, charge and meeting schedules be formalized if
the proposed governance stricture was changed. Staff agreed with this recommendation and
incorporated it into the February 15th proposal.
On February 15th, Council requested the proposal be tabled until a specific recommendation
regarding the safety, tenant and stakeholder groups could be presented. In considering this issue,
staff examined the concerns and comments of both the Council and the AAB over the past
several weeks.
The AAB and Council agreed and emphasized that tenants and other stakeholders at the Airport
should have ample input on airport related issues, historical and general aviation knowledge at
the Airport should be preserved, economic development at the Airport should be enhanced,
citizens should have increased access to the Council on Airport matters and various aspects of
the proposed governance stricture should be more completely defined.
The staff recommendation for safety, tenant and stakeholder relations now included (1) formally
establishing an Airport Manager Safety and Stakeholder Committee. (2) The intent of the
committee would be to explore a wide range of safety and operational issues including Flight and
Ground Operations. (3) The Airport Manager would conduct the meetings. (4) The committee
may meet monthly but not less than 4 times per year. (5) Meetings would be conducted by
management and would include an opportunity to discuss any issue. (6) At a minimum, invitees
to the meetings would include Fixed Base Operator representatives, Air Traffic Control
management and Airport Operations Coordinator. (7) FAA representatives and contractors
might be involved to discuss a wide range of issues. (8) The chairmen of Council Airport
Committee would be formally invited to attend each meeting. (9) A summary of discussions
would be forwarded to Council and the Airport Committee
Other Key Aspects - The Economic Development Partnership Board would be expanded by two
members; the Board would review, consider and make recommendations to the Council
regarding Airport branding and marketing efforts; the Board would outline development
incentive policies for the Airport; and would leverage common goals and create synergy between
development of the Airport and the development of the community. The City Council Airport
Committee would be a three member committee with the City Manager or his designee on the
Committee; the Committee would review and make recommendations regarding leases at the
Airport, would review grant funding opportunities; would monitor budget and assist with the
development of long term financial plans for the Airport; and would provide a forum for tenants
and other interested parties to interface directly with the Council on Airport related matters.
Items Under Consideration - there were three items under consideration at this meeting - the
ordinance that expanded the EDPB role and membership by two members; the ordinance that
established the City Council Airport Committee; and the resolution that established the charge,
membership and meeting requirements of the Airport Manager Safety and Stakeholder
Committee.
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Council Member Gregory stated that the resolution establishing the Safety and Stakeholder
Committee referred to invitees rather than committee members.
Langley stated that Section 3 in the resolution referred to invitees who would be invited to the
committee meeting but there would be no formal members.
Council Member Gregory stated that there would be no minimum or maximum number of
members.
Langley stated that invitations would be extended to as many people as possible and that any
member of the public could attend.
Council Member Gregory asked how the public would know when to attend.
Langley stated that notices would be sent to everyone at the Airport and it would be on the City's
web site.
City Manager Campbell stated that some issues might need a short notice meeting and if
structured properly there would be no conflict with the Open Meetings Act.
Council Member Gregory stated that he was not comfortable with not having regular members as
that might be too informal with issues such as meeting times. He did not have a problem with
the Council Committee and the expansion of the EDPB but was uncomfortable with repealing
the AAB until he was comfortable with the resolution.
City Manager Campbell stated that Council Member Engelbrecht's suggestion was to have
another set of eyes looking at specific safety related issues. The intent was not to make it a
formal process but more informal to work with current issues. The other two elements were very
structured.
Mayor Burroughs stated that he was in favor of the EDPB and the role it would fill. He also felt
it was appropriate to have the Council subcommittee. However, he was still having a problem
with the stricture of the stakeholders group. He felt it needed more stricture so that over time it
would continue to process situations. He had a difficulty with the existing stricture of the AAB
as many of the duties of the existing AAB were dependent on the stakeholders group. Council
appointed committees tended to be political in nature and politics was not the nature of the
proposed stakeholders group. He was not comfortable with stricture as proposed or with the
existing stricture. His priority was not the stricture of the stakeholders group. He cared about
the input received to and from the group and felt that a gathering of the stakeholders group to
come up with their proposed stricture was appropriate to get to the objectives needed. He would
like to see the other two elements processed but not dissolve the AAB at this moment until Item
G on the agenda was clarified.
Langley stated that the duties of the AAB would be limited to safety and stakeholder outreach
issues.
Mayor Burroughs suggested including operations but not marketing and not incentive issues.
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Council Member King stated that he like the option of the EDPB taking on the marketing issues.
He was not sure about the operations, safety and stakeholders which were important. There was
overlap in those areas and he did not see how one part could be done and not other parts. He was
also not sure about the proposed Council committee. Exhibit Three in the agenda backup put
those functions back to the newly stricture Airport Board.
Council Member Watts asked for a clarification of that Exhibit.
Council Member King stated that the revised Airport Board option would establish a new Denton
Airport Enterprise Board.
Council Member Watts questioned where such a board would fall in the reporting chain.
Council Member King stated that the reporting chain would begin with the Airport Manager.
The Council Committee would not be related in that chain and it might become confusing.
Council Member Watts stated that the current AAB had a similar chain of reporting.
Council Member King indicated that economic development and incentives would be dealt with
by the EDPB.
Council Member Watts asked about leases.
Council Member King stated that if there was a conflict, a member could not be on that board.
There was a different charge to that board which was an enterprise board. He felt that Council
did not have time to deal with Airport issues.
Mayor Burroughs asked about the Council subcommittee duties.
City Manager Campbell stated that staff was trying to be more specific on who had what
responsibilities. Placing issues at two different places would create a conflict.
Mayor Burroughs asked where operations would be located.
Langley stated that the Council committee would deal with leases, grant funding, monitoring the
budget, long term financial plans and would be a forum for interested individuals to interact with
the Council.
Langley stated that the safety and stakeholders group would be just be for safety issues and was
not meant to be a forum to discuss leases or economic development.
Mayor Burroughs felt that operations might overlap with stakeholders. The Council
subcommittee should not discuss operations. The stakeholders should talk with staff about
operations.
Langley stated that the City Manager and his designee were charged with operations. Council
and the Council committee focused on policy. Day-to-day operations were the responsibility of
the Airport Manager.
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March 1, 2011
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Council Member Gregory stated that Section 3 of the proposed ordinance for Item 4E was the
repealer of the AAB. He suggested removing that section from the ordinance and not repeal the
AAB until the issues were completed on the stakeholders group.
City Manager Campbell stated that the concern seemed to be that the intent was to take the
current responsibility of the AAB and divide it with the EDPB and the Council Committee. If
that were done and Section 3 was removed from the ordinance, the question was what would be
the function of the AAB.
Council Member Gregory stated that functions of economic development and leases would no
longer be a function of the AAB.
Mayor Burroughs also suggested doing the repealer of the AAB when the stakeholders group
was finalized.
Council Member Watts felt that the resolution for Item 4G was conflicting. The Council
committee was a more formalized group. He was comfortable with the stakeholders group
having a monthly meeting on a specific day but as the members were not appointed by Council,
the meeting would not be subject to public notices. If the meeting were going to be planned and
scheduled, there needed to be stricture with specific members. If that were the case, then the
current AAB could become the initial stakeholder committee with monthly meetings to receive
input and interface with the Airport Manager. In his opinion, there needed to be a committee but
the function would be different. The current AAB could transition into that position with
delineated functions with clear duties.
City Manager Campbell suggested that if the old ordinance were repealed, the stakeholders could
come together and elect a chair and create criteria for whoever wanted to be members of the
committee. They could create their own stricture for chair and vice-chair with the current AAB
members possibly elected.
Council Member Watts suggested that instead of repealing the ordinance and then having a
meeting, something be put in place first. The committee could determine when to meet and
invite everyone to attend the meetings.
City Attorney Burgess stated that Item 4E transferred the economic development arm of the
AAB to the EDPB. She suggested looking at the stakeholder aspect and come back with an
alternative stricture than what was proposed.
Council Member Gregory stated that Section 3 referred to the ordinance which created the EDPB
and that needed to stay in the ordinance. The portion to amend would be to not repeal 97-299.
City Attorney Burgess stated that was correct.
Council Member King stated that the council committee would deal with leases and contracts.
Langley stated that the forum for tenants would not be a component of the committee.
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Council Member Watts stated that the resolution for Item 4F indicated the duties and purpose of
the council committee. He was concerned that if the bullet point dealing with operations were
removed, the committee would not hear operational issues. The council committee might not be
involved with operational issues but it should be a place where concerns could be discussed. He
did not want to limit the forum people could speak to the committee.
Langley stated that staff tried to elevate the opportunity for citizens to access Council with the
proposal.
Council Member Campbell stated that many other committees had staff coming before them with
issues and that did not preclude the council committee discussing operations. There was an
Airport Manager and staff to do the operations at the Airport.
Mayor Burroughs suggested changing the wording in Item 4F to say "on matters of policy
affecting airport operations". He also suggested waiting on the final passage of the stakeholders
resolution for the repealing of the AAB.
Council went into Closed Meeting at 5:07 p.m. to discuss the following:
1. Closed Meeting:
A. Deliberations regarding Real Property - Under Texas Government Code §551.072;
Consultation with Attorneys - Under Texas Government Code Sec. 551.071.
1. Discuss, deliberate, and receive information from Staff and provide Staff
with direction pertaining to the acquisition or the condemnation of
permanent utility easement and temporary constriction easement tracts the
location of which being generally north and west of the Denton Municipal
Airport in the City of Denton, Denton County, Texas. Consultation with the
City's attorneys regarding legal issues associated with the acquisition or
condemnation of the tracts referenced above where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to the
Denton City Council under the Texas Rules of Disciplinary Conduct of the
State Bar of Texas, or would jeopardize the City's legal position in any
administrative proceedings or potential litigation.
2. Discuss, deliberate, and receive information from Staff and provide Staff
with direction pertaining to the acquisition or the condemnation of a
permanent easement tract for utilities, at the northeast corner of Loop 288
and Stuart Road, the location of which being S. McCracken Survey, Abstract
Number 871, City of Denton, Denton County, Texas. Consultation with the
City's attorneys regarding legal issues associated with the acquisition or
condemnation of the tract 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.
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March 1, 2011
Page 10
B. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under
Texas Government Code Section 551.086; and Consultation with Attorneys - Under
Texas Government Code, Sec. 551.071.
1. Receive a presentation and hold a discussion regarding a public power
competitive and financial matter regarding offers from power suppliers and
other entities for firm energy and services (RFP 4601- Request for Proposals
for Firm Energy Supply and Service); and provide Staff with direction.
Council Member Gregory motioned, Council Member Watts seconded that the item was
appropriate to discuss under the Public Power exception. On roll call vote, Council Member
King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member
Gregory "aye", and Mayor Burroughs "aye". Motion carried unanimously.
C. Consultation with Attorneys -Under Texas Government Code Sec. 551.071.
1. Receive a briefing from the City's attorneys and provide them with direction
pertaining to a vulnerable road users ordinance in the City of Denton where
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.
2. Receive a briefing from and a consultation 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 or Texas.
Following the completion of the Closed Session, the Council returned to the Work Session to
discuss Item 45.
5. Receive a report, hold a discussion, and give staff direction regarding general terms and
provisions of a Vulnerable Road User ordinance.
Mark Nelson, Director of Transportation, stated that his presentation would be an introduction to
the concept of a vulnerable road user ordinance. Areas in this concept included comprehensive
plans, routes with destinations, routes that connected, routes as part of the road system, routes in
parks and greenbelts, and facilities that accommodate bicycles.
Council Member Watts questioned what such an ordinance would be trying to accomplish.
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March 1, 2011
Page 11
Council Member Gregory stated that it would try to make Denton more bicycle friendly. For a
long time there had been efforts to do more for pedestrians and bicycle riders. In the past, the
answer had been wide outer lanes and he felt that it would be a long time before there were
separate bicycle facilities as long as the wide outer lanes were relied on. There was a need to
encourage motorists to be more careful around bicyclists. There should be more specific
direction regarding bicycle routes.
Council Member Gregory reviewed safe passing states and cities and the types of signs that
could be used with such a program. If the wide outer lanes were going to be used, there needed
to be more specific definitions such as three feet passing distance for cars and six feet passing
distance for commercial vehicles. If those specific distances were not included, an ordinance
should not be considered.
Council Member Watts clarified that Council Member Gregory felt that if the distance
requirements were not included in an ordinance, it should not be considered.
Council Member Gregory replied correct because it would not be worth doing.
Council Member Watts stated that if there were a collision between a car and a bicycle, it did not
necessarily mean that the auto was at fault.
Council Member Gregory replied correct that the bicycle could have violated the distance.
Council Member Watts stated that there were other types of users on the roadways besides
bicycles. There were also general distance requirements for bicycles as opposed to auto
distances. There was a need to give more instructions for vulnerable road users.
Mayor Burroughs stated that a principle component would be to get the word out rather than
issue tickets. If such an ordinance were to pass, there was a need to be more specific in the
ordinance.
Council Member Gregory stated that there was also a need to improve the bicycle and walk trail
along the A-train line. There would be many bicycles out there when the train was completed
and the City needed to be prepared for that. If the City was going to encourage more bicycle
riding, then steps needed to be taken. Approving a safe passing ordinance was one of those
steps.
Council Member Watts stated that there was no mention of other options such as the use of
sidewalks. Some vulnerable road users needed to use sidewalks instead of the roads. If
alternatives were available, those should be used.
Consensus of the Council was to bring the proposal back for further discussion.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall.
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March 1, 2011
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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. Social Work Month
Mayor Burroughs presented a proclamation for Social Work Month.
2. Presentation of the Certificate of Achievement for Excellence in Financial
Reporting from the Government Finance Officers Association
Bryan Langley, Chief Financial Officer, presented the award to the Council.
3. National Surveyor's Week
Mayor Burroughs presented the proclamation for National Surveyor's Week.
3. CONSENT AGENDA
Council Member King motioned, Council Member Heggins seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member King
"aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory
"aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 2011 -03 1
A. Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year
2010-11 Budget and Annual Program of Services of the City of Denton to allow for an
adjustment to the Materials Management Fund of three million nine hundred thousand
dollars ($3,900,000) to provide for additional funding capacity for costs of goods sold in the
Warehouse; declaring a municipal purpose; providing a severability clause; providing an
open meetings clause; and providing an effective date. The Audit/Finance Committee
recommends approval (3-0).
Ordinance No. 2011-032
B. Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the purchase of Water Treatment Chemicals for the City of Denton Water
Treatment Plants; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4643-Annual Contract for Water Treatment Chemicals awarded to the
lowest responsible bidder for each item in the annual estimated amount of $850,000). The
Public Utilities Board recommends approval (6-0).
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March 1, 2011
Page 13
Ordinance No. 2011-033
C. 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 partial replacement of the roof at City Hall East by way of an interlocal
agreement with the City of Denton; and providing an effective date (File 4671-Partial
Replacement of the Roof at City Hall East awarded to Castro Roofing of Texas in the
amount of $778,500).
Ordinance No. 2011-034
D. Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for Eagle Drive Drainage Improvements; providing for the expenditure of funds
therefor; and providing an effective date (Bid 4623-awarded to the lowest responsible
bidder meeting specification, Humphrey and Morton Constriction Company, Inc., in the
amount of $1,478,128.30). The Public Utilities Board recommends approval (5-0).
Resolution No. R2011-003
E. Consider approval of a resolution allowing Tejas Storytelling Association to be the sole
participant allowed to distribute/not sell alcoholic beverages at the Texas Storytelling
Festival on March 12, 2011, upon certain conditions; authorizing the City Manager or his
designee to execute an agreement in conformity with this resolution; and providing for an
effective date. The Parks, Recreation and Beautification Board recommends approval (7-
0). Staff recommends approval of the Texas Storytelling Festival request.
Ordinance No. 2011-035
F. Consider adoption of an ordinance authorizing the City Manager to approve a second
amendment to an Airport Lease Agreement approved by Resolution R87-054 dated
September 15, 1987, between the City of Denton, Texas, and First Financial Resources, Inc.
at Denton Municipal Airport which will extend the lease term an additional ninety (90)
days; and providing an effective date. The Airport Advisory Board recommends approval
(4-0).
Approved the minutes listed below.
G. Consider approval of the minutes of: February 1, 2011 February 7, 2011 February 8, 2011
Ordinance No. 2011-036
H. Consider adoption of an ordinance finding that a public purpose and necessity exists and
finding that public welfare and convenience requires the acquisition through agreement or
eminent domain of an approximate 1.989 acre utility easement, and a 3306 acre temporary
constriction easement for the relocation and installation of municipal utilities relating to
Denton Municipal Electric projects located generally north and west of the Denton
Municipal Airport and situated in the F.P. Johnson, C.R. Green, J.F. Myers, and H.F.
Brummett Surveys, Abstract Number 1699, City of Denton, Denton County, Texas;
authorizing the expenditure of funds therefor; and providing an effective date.
City of Denton City Council Minutes
March 1, 2011
Page 14
Ordinance No. 2011-037
L Consider adoption of an ordinance finding that a public purpose and necessity exists and
finding that public welfare and convenience requires the acquisition through agreement or
eminent domain of an approximate 0.041 acre utility easement for utilities at the north east
corner of Loop 288 and Stuart Road, the location of which being S. McCracken Survey,
Abstract Number 871, City of Denton, Denton County, Texas; authorizing the expenditure
of funds therefor; and providing an effective date.
Ordinance No. 2011-038
J. Consider adoption of an ordinance repealing Ordinance No. 2009-174 and Ordinance No.
20 10-3 12 and amending Section 2-29 of the City of Denton Code of Ordinances relating to
Rules of Procedure for the City Council of the City of Denton; and declaring an effective
date.
Resolution No. R2011-004
K. Consider approval of a resolution allowing Metzler's Food and Beverage to be the sole
participant allowed to sell alcoholic beverages at the 35 Conferette March 10-March 13,
2011, upon certain conditions; authorizing the City Manager or his designee to execute an
agreement in conformity with this resolution; and providing for an effective date. Staff
recommends approval of Metzler's Food and Beverage request.
Ordinance No. 2011-039
L. Consider adoption of an ordinance approving a full property damage release of all claims by
the City of Denton, Texas against Lindsay Palmer and Bobby Palmer, in settlement of a
claim arising on or about May 1, 2009; authorizing the City Manager and City Attorney to
take actions necessary to finalize settlement of this claim; and declaring an effective date.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2011-040
A. Consider adoption of an ordinance directing the publication of Notice of Intention to
issue $11,500,000 in principal amount of Certificates of Obligation of the City of
Denton for General Government and Solid Waste projects; and providing for an
effective date. The Audit/Finance Committee recommends approval (3- 0).
Bryan Langley, Chief Financial Officer, presented information for both Items A and B. He
indicated that state law required a notice of sale must be published prior to the actual sale.
These bonds would provide funding for $3.4 million for General Government projects and $7.8
million for Solid Waste projects. The Audit/Finance Committee recommended approval.
Mayor Burroughs asked if there might be the possibility of not issuing the bonds if the savings
were not realized.
Langley stated that this was the notice of intent to issue the bonds and staff would return at a
future date with the exact amount to be issued. Item B dealt with a notice of intent to issue $21
million in Certificates of Obligation for wastewater and electric projects.
City of Denton City Council Minutes
March 1, 2011
Page 15
Council Member Watts motioned, Council Member King seconded to adopt the ordinances for
both Items A and B. On roll call vote, Council Member King "aye", Council Member Watts
"aye", Council Member Heggins "aye", Council Member Gregory "aye", and Mayor Burroughs
"aye". Motion carried unanimously.
Ordinance No. 2011-041
B. Consider adoption of an ordinance directing the publication of Notice of Intention to
issue $21,000,000 in principal amount of Certificates of Obligation of the City of
Denton for Wastewater and Electric System projects; and providing for an effective
date. The Audit/Finance Committee recommends approval (3 - 0).
C. Consider a request for a variance to the Noise Ordinance by the North Texas Rail
Group for the purpose of constriction activities of the DCTA A-train passenger
rail. The exception is requested for constriction work to begin at 9:00 a.m. instead
of 1:00 p.m. on Sundays, from March 2 through June 30, 2011.
Mayor Burroughs noted that this item had been pulled from consideration.
D. 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). DUE TO MORE
THAN 20% OPPOSITION FROM THE LAND AREA WITHIN 200 FEET OF
THE REQUEST, A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED
FOR APPROVAL.
Mayor Burroughs noted that the applicant had asked for a continuance of this item as a
supermajority vote of the Council was needed and there were two members absent.
Council Member King 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 Heggins "aye", Council Member Gregory "aye", and Mayor Burroughs
"aye". Motion carried unanimously.
Ordinance No. 2011-042
E. 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.
City of Denton City Council Minutes
March 1, 2011
Page 16
Bryan Langley, Chief Financial Officer, presented an update on Items E, F. and G. Item E would
expand the Economic Development Partnership Board by two members and expand the duties of
the Board to include branding and marketing for the Denton Municipal Airport. Item F would
establish a City Council Airport Committee to handle leases and budget issues. Item G was a
resolution to create an Airport Manager Safety and Stakeholder Committee to explore a wide
range of safety and operational issues with appropriate stakeholders at the Airport. All of these
items had been discussed extensively during the earlier Council Work Session.
Speaker Cards were submitted by the following:
Jeremy Fykes, 3924 Chimney Rock, Denton, 76201. Mr. Fykes presented an updated
Airport Advisory Board (AAB) proposal for governance. The current AAB would be
restructured and renamed the Denton Airport Enterprise Board and would replace the existing
Airport Advisory Board. The new Board would be comprised of seven members each nominated
by a city council member, with up to two members eligible to live outside the city limits. There
would be staggered initial term lengths with the term limits to be the same as the Denton Public
Utilities Board. Conflict of interest guidelines would be consistent with City of Denton
guidelines for other boards. Advantages of the stricture would be to capitalize on the expertise
of the Economic Development Department and the EDPB to increase marketing and branding
efforts and attract new businesses to the Airport.
Don Smith, 2107 Emerson, Denton, 76209 - in favor of AAB proposal
Rick Woolfolk, 115 West College, Denton, 76201 - opposed to staff proposal
Bob Clifton, 1800 Morse, Denton, 76201 - opposed to staff proposal
Council Member King stated that he liked the AAB proposal. He felt that the Safety and
Stakeholders Committee and the Council Committee had overlapping duties. He was
uncomfortable with a council committee having that authority and liked citizen input. The
enterprise suggested was a different charge to that Board.
Mayor Burroughs stated that Item E dealt with a modification to the EDPB. The enterprise
aspect was a primary element of the modification and would be more aggressive for economic
development. He did not have a problem with that element. He did have a problem with the
proposed ordinance repealed the existing AAB which he disagreed with. Discussion in the Work
Session centered on how to work around that problem. The nature of Item G was not finalized at
this time so he was not in favor of eliminating the AAB until that section was completed. Item F
dealt with the Council Airport Committee. He agreed that the Council was responsible for many
major decisions and relied on outreach for input from citizens. The subcommittee had important
elements for leases, budget, contracts, etc. and he had no problem with it as it was Council's
responsibility. The operational aspect was not one that had a great role but after discussion
concluded to amend the ordinance to relegate what the committee might consider - matters of
policy that might affect operations. He was not satisfied that there was a conclusive alternative
with Item G. He suggested the charge the stakeholders, not just limited to the current AAB, to
have a meeting and come up with a best proposed stricture for this group. Expand the input
from all citizens who might be interested. His preference would be to address Items E and F
with modifications as noted in Work Session and hold off on Item G by not deleting the AAB.
The stakeholders could have a meeting with staff and develop a best stricture to accomplish the
objectives needed. A time frame would be given for a report back to the Council.
City of Denton City Council Minutes
March 1, 2011
Page 17
Council Member Gregory motioned to adopt the ordinance in 4E, modifying Section 3 to end
with a period after "herewith" so that the section would read "amends Ordinance 2003-258 and
supersedes any provision and others in conflict herewith". There would be no repeal of the
ordinance that created the Airport Advisory Board.
Mayor Burroughs questioned if the motion would be sufficient so not have a conflict with 97-
299 and the proposed ordinance.
City Attorney Burgess replied correct because included in the language was to repeal any
ordinance in conflict with the 2003 ordinance.
Council Member Watts stated that then the economic duties of the AAB would be transferred to
the EDPB because it would be in conflict with the new ordinance.
City Attorney Burgess stated that the language proposed that if there were any language in 97-
299 relating to economic development, the language in the new ordinance would supersede it.
The intent was to put the economic development duties with the EDPB at this time and not with
AAB.
Council Member Watts questioned if the economic development function had not been in the
direct language of Ordinance 97-299 but had been a duty that was implied or assumed with the
AAB, how would that be handled. He questioned what the EDPB was to do and what the AAB
was to do.
City Attorney Burgess stated that the ordinance made it clear that the EDPB would assume
economic development as it concerned the Airport
Council Member Gregory understood that adding that responsibility to the EDPB dealt with
branding, marketing and coordinating activities in that whole section of town..
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance
with the amended language. On roll call vote, Council Member King "aye", Council Member
Watts "aye", Council Member Gregory "aye", and Mayor Burroughs "aye". Council Member
Heggins "nay". Motion carried with a 5-1 vote.
F. 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.
Mayor Burroughs noted that a suggestion during the Work Session was to include a wording
change in 1C to add "of policy" to the phrase "affecting airport operations".
City of Denton City Council Minutes
March 1, 2011
Page 18
Council Member Gregory motioned, Council Member King seconded to table the item with no
date certain. On roll call vote, Council Member King "aye", Council Member Watts "aye",
Council Member Heggins "aye", and Council Member Gregory "aye". Mayor Burroughs "nay".
Motion carried with a 5-1 vote.
G. Consider approval of a resolution establishing an Airport Manager Safety and
Stakeholder Committee to advise and assist the Airport Manager regarding City of
Denton Municipal Airport matters; and providing for an effective date.
Council Member Gregory motioned, Council Member King seconded to table the item.
Mayor Burroughs noted that staff had been asked to provide a stricture for the committee and a
method to do the stricture and asked the best way to get that accomplished.
City Attorney Burgess stated Council could instruct the City Manager to do that.
Council Member King suggested that it could be part two of the Airport Advisory Committee
proposal.
Council Member Gregory motioned, Council Member King seconded the motion to table
without a date certain but have staff return with options for a future work session. On roll call
vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins
"aye", Council Member Gregory "aye", and Mayor Burroughs "aye". Motion carried
unanimously.
H. Consider nominations/appointments to the following boards and commissions:
1. Community Development Advisory Board
2. Human Services Advisory Committee
3. Public Art Committee
4. Traffic Safety Commission
5. Zoning Board of Adjustment
6. Designate a chairman for the Downtown Denton Tax Increment Financing
Reinvestment Zone Board
There were nominations made for Items H1-5.
Mayor Burroughs suggested having the Board for Item 46 meet and determine their chairman.
Council would then ratify that nomination.
City of Denton City Council Minutes
March 1, 2011
Page 19
5. PUBLIC HEARINGS
Ordinance No. 2011-043
A. Hold a public hearing and consider adoption of an ordinance regarding a Specific Use
Permit (SUP) to allow a theater use in a Downtown Commercial General zoning district.
The approximately 1.27 acre site is located on the south side of East Hickory Street,
approximately 200 feet west of the intersection of East Hickory Street and Bell Avenue.
(510-0007, Black Box Theatre) The Planning and Zoning Commission recommends
approval (4-0). (Cunningham)
Mark Cunningham, Director of Planning and Development, stated that the request was for a
specific use permit to allow a theater use in a Downtown Commercial district. The use was
located within the Denton Record-Chronicle building on East Hickory Street. The proposed use
would fit perfectly in the Downtown Implementation Plan. Staff and the Planning and Zoning
Commission recommended approval.
The Mayor opened the public hearing.
Bob Clifton, 1800 Morse Street, spoke in opposition.
The Mayor closed the public hearing.
Council Member Gregory asked if the zoning change was for the entire block.
Cunningham stated that it was not a zoning change request but rather a request for a specific use
permit for the theatre. The proposal would not change the zoning for the area.
Council Member King motioned, Council Member Heggins seconded to adopt the ordinance.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Heggins "aye", Council Member Gregory "aye", and Mayor Burroughs "aye". Motion carried
unanimously.
B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
concerning a Specific Use Permit for a new self-supporting lattice telecommunications
tower on property located within an Employment Center Industrial (EC-1) zoning district
classification and use designation. The approximately 14.9 acre property is generally
located east of Teasley Lane and south of the Denton County Transportation Authority
railroad right-of-way and is more commonly known as lot 6A, Block B of the Shady Oaks
Industrial Park Addition; and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. The Planning and
Zoning Commission recommends approval of this request (6-1). (510-0010, DCTA A-
Train North Communication Tower)
Mark Cunningham, Director of Planning and Development, stated that this was a request for a
specific use permit to allow for a 180 foot telecommunications tower. A specific use permit was
required whenever a tower exceed 50 feet. The property would be developed in two phases. The
first phase was located in the southwest corner of the property and involved approximately 800
City of Denton City Council Minutes
March 1, 2011
Page 20
square feet. It would involve the tower and a prefabricated 80 square foot enclosure. The
enclosure would house all the radio and fiber optic equipment necessary for the train dispatcher
to operate the train system. Phase two would consist of a DCTA Bus Maintenance facility which
would encompass the remaining property. The proposal met all the criteria needed for the
issuance of a specific use permit. Staff and the Planning and Zoning Commission recommended
approval with the condition that the existing landscaping screening between the property and
neighborhood north of Kerley Street be maintained.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Tom LeBeau, DCTA - favor
Council Member Gregory asked if the only option was for one tall tower and questioned if two
smaller towers would work instead.
LeBeau stated that this was the best solution and that they had looked at other alternatives that
were too costly.
Council Member Gregory asked about meetings with the neighborhood.
LeBeau replied that they had multiple meetings.
Council Member Gregory asked if a communications tower had been contemplated early on in
the process.
LeBeau replied that early in the process, they did not know how it would be designed. As the
design progressed into the northern section of the corridor, it was brought up to DCTA to put a
tower in Denton. Various sites had been looked at but this site was most conducive to the need.
Council Member Gregory asked if the buses were radio equipped.
LeBeau stated that the tower was not for the buses but rather for the A train.
Council Member Gregory asked if the tower would also be used for the buses.
LeBeau replied that they had not talked about that at this time.
Council Member Watts asked if the tower would be leased out to other entities.
LeBeau replied no.
Council Member Watts asked if there would be any interfere with TV or radio in the
neighborhood.
LeBeau stated that the tower would be a standard railroad design and should have no impact in
the neighborhood.
City of Denton City Council Minutes
March 1, 2011
Page 21
Council Member Heggins asked if the Lewisville tower was close to a neighborhood.
LeBeau stated that it was in an industrial area.
Mayor Burroughs asked if this tower was a safety requirement and was it a federal mandate.
LeBeau stated yes that it was a safety requirement but not a federal mandate. The radio
communications could be run off a single tower but then there would be no backup if something
happen to the south tower.
Council Member Watts asked about the cost differences with the other options of lesser heights.
LeBeau stated that he did not have that information with him.
Lillie Clark, 1009 Kerley Street, Denton, 76205 - opposed
William Clark, 1109 Kerley Street, Denton, 76205 opposed
Willie Sellers, 930 Scott Drive, Denton, 76201 - opposed
Samuel Marshal, 13 19 Kerley Street, Denton, 76205 - opposed
Bob Clifton, 1800 Morse, Denton, 76205 - opposed.
The Mayor closed the public hearing.
Council Member Gregory questioned if there would be guide wires with the tower.
LeBeau stated that it would be a frame constriction with no wires which helped to consolidate
the area needed.
Mayor Burroughs questioned the design of the stricture.
LeBeau stated that the tower would look exactly like the picture shown.
Mayor Burroughs asked about interference with electronics.
LeBeau stated that if it could be shown that there was a problem with the tower, they would do a
study on the band width.
Council Member Watts questioned the time frame that was required to have the tower
operational.
LeBeau stated that the northern section was starting in May so time was of the essence to get it
installed and tested before have trains were on the system.
Council Member Watts asked about the time needed for constriction.
LeBeau replied it would take three to four weeks. Ground work would be done after the tower
was completed.
City of Denton City Council Minutes
March 1, 2011
Page 22
Council Member Watts stated that he was concerned about the timing element with the
neighborhood and that no other options were considered. This was a residential area and he
would like to see the cost differences for other options.
LeBeau stated that they had looked at an offsite tower to utilize one already built. The cost and
security for the railroad and the needed communication system was seen as too costly.
Maintenance would also be difficult on a leased space. DCTA had already funded fiber optics
for communications for all 21 miles of the corridor. They would like to use the fiber optic
system for efficiency up and down the line.
Council Member Watts questioned if an alternative fit had been looked at for the Kerley site.
LeBeau stated that they had looked at that site and one on the corridor which would have been
closer. Currently the proposed site was 600 feet from residences.
Council Member Watts stated that the shorter the tower the closer it had to be to the rail line.
LeBeau replied correct.
Council Member King asked about the zoning between the tower and Kerley Street.
Cunningham stated that the entire site was EC-1 and the residences were NR-4.
Council Member Watts asked about the ramifications if the request were denied.
Cunningham stated that a delay only applied to rezoning.
Mayor Burroughs asked what would be the alternatives.
Cunningham stated that if the alternative included a specific use permit, DCTA would have to
start over again with the Planning and Zoning Commission but if it was done by right, there
would be no additional action needed by Council and the Planning and Zoning Commission. In
order for the specific use permit requirement to be in effect, the tower would have to be over 50
feet tall. If that were the case, it would have to go to the Planning and Zoning Commission and
the Council.
Mayor Burroughs stated that everything regarding the train had an impact on the opening of the
service. If there were no alternatives it would be very difficult to vote against something that
would have major financial implications to all residents. This could be a very dangerous issue
with minimal information.
City Manager Campbell stated that the tower was to create redundancy for the communication
system. The primary system would still be functional for a train as this was a backup system.
He didn't know if not having it would hinder service.
Cunningham stated that if the specific use permit was denied, the applicant would have to wait
one year before applying again.
City of Denton City Council Minutes
March 1, 2011
Page 23
Council Member Gregory questioned that if the motion was to deny and it passed but the
applicant came up with an alternative plan, would it be possible for one of the Council Members
who voted to deny the proposal bring it up as a vote to reconsider.
Mayor Burroughs stated that the motion to reconsider had to be done by someone in the majority
as long as it was brought up at next meeting. He suggested continuing it to the next council
meeting to determine the impact of a denial. He questioned what would happen if the proposal
were delayed until the April 5th meeting to get more information on alternatives.
LeBeau stated that he could not answer that and would have to talk with the contractor. They
had looked at right of way options, off site options and others and chose this route. A delay
might affect the testing date of May 1st. The system would be able to operate without the
redundancy but he would be afraid that it would not be viewed favorable if they did not have a
backup system.
Council Member Heggins asked if a new site could be found and this proposal were denied,
would the 12 month rile come into play
Cunningham stated that it would only apply to this location.
Council Member Watts stated that even if an alternative site were found, it might take 30-60
days to get back to Council.
Cunningham stated that it would take longer than that because DCTA probably would not own
the property.
Mayor Burroughs stated that then there would be the rezoning issues.
Council Member Watts stated that a $300 million project was coming down to the location of a
tower.
Council Member Heggins motioned, Council Member Gregory seconded to deny the request.
Council Member Watts motioned, Council Member King seconded to postpone the issue to the
next council meeting. On roll call vote, Council Member King "aye", Council Member Watts
"aye", Council Member Heggins "aye", Council Member Gregory "aye", and Mayor Burroughs
"aye". Motion carried unanimously.
6. 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,
City of Denton City Council Minutes
March 1, 2011
Page 24
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.
Mayor Burroughs requested information on the sound barrier along Kerley Street including the
original criteria and how that changed regarding the allocation for the grant funding.
Council Member Watts asked staff to explore the option of DCTA and UNT cooperating in a
partnership to help move people on game days and event days at the new stadium.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed 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 on Closed Meeting items.
With no further business, the meeting was adjourned at 9:08 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS