September 6, 2011 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 6, 2011
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 6, 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, Mayor Pro Tem Kamp, Mayor Burroughs, and Council
Member Roden.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments submitted for this item.
2. Requests for clarification of agenda items listed on the agenda for September 6, 2011.
Council Member Watts stated that he was absent from the last council meeting and listened to
the meeting on-line. He suggested member make sure their mikes were on as sometime it was
hard to hear what was being said.
3. Receive a report, hold a discussion, and give staff direction on the FY 2011-12 Proposed
Budget, Capital Improvement Program, and Five-Year Financial Forecast.
Bryan Langley, Chief Financial Officer, presented information on the process thus far and
upcoming events. The staff had made adjustments to the budget as requested by Council.
General Fund – due to an increase in the sales tax forecast, staff increased the level of funding
for Council initiatives to $333,000. These funds were placed in a non-departmental budget and
once additional details were known on the expenditures, the items would be brought back to
Council for consideration. Possible uses of the funds included additional street maintenance,
implementation of the bike plan, additional traffic signals, Denton County Transportation
Authority Downtown shuttle operations costs, or any other Council priority.
Council also directed staff to increase the level of funding for street maintenance activities.
Council directed staff to transfer 100% of the growth in franchise fees to the Street Improvement
Fund. This would reduce the General Fund by $439,827 and increase the street maintenance
funding by the same amount in the Street Improvement Fund. The budget would be presented to
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Council on September 20 for consideration.
Mayor Burroughs stated that at an earlier meeting he had asked for information on what other
taxing entities such as the DISD and the County was doing with employees in terms of
compensation. He asked for an update on that prior information.
Council Member Roden asked if there was going to be a staff presentation before the public
hearing on the budget.
Langley stated that there would be a brief presentation on the budget similar to what he had just
done.
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September 6, 2011
Page 2
Council Member Roden stated that he knew of some people who were interested in the Council
initiative fund and who wanted to comment on how to spend that money.
Council Member King stated that the budget was projected to be approximately $700,000 over
budget with that amount to be drawn out of the fund balance. If the $300,000 was not spent,
only half that amount would be over budget.
Council Member Watts asked how the process would work in terms of the money. He would
like to be prudent with that additional money which was based on the sales tax forecast. He was
interested in the process whereby a decision would be made on how to spend the money.
Langley stated that as staff received more information on the cost for a specific project the
information would be presented to Council to see if they wanted to spend it on that project.
City Manager Campbell stated that Council would determine how to spend that money.
Council Member Watts stated that his preference would be to have individual council votes
concerning the spending of that money.
4. Receive a report, hold a discussion and give staff direction regarding the Aesthetic Study
that the Texas Department of Transportation (TxDOT) is preparing for the IH-35 expansion
project.
Emerson Vorel, Director of Parks and Recreation, stated staff had been attending meetings since
February regarding the aesthetics of I-35E when it was reconstructed. Patrick Owens of the
consulting firm contracted by TxDOT to prepare an Aesthetics Master Plan was present to
provide an overview of the information.
Patrick Owens, HNTB Corporation, stated that there were two areas for consideration – one was
the technical guidelines and the other was the aesthetics master plan. The Master Plan would be
done first followed by the technical guidelines. The project was kicked off in the
December/January time frame with a discussion of the aesthetics from IH-635 to US Highway
380. TxDOT had requested input to establish what the design would look like before going to
the design/build stage. They received input from groups along the corridor and divided the
corridor into four different districts to manage all of the information. The goal set by TxDOT
was to have two supplemental documents to be included in the procurement package so bidders
would know what was expected. He noted that there were common elements which could and
could not be touched in conjunction with the study. HNTB also looked at how to organize the
aesthetics in terms of where particular community elements were located and where corridor-
wide elements were located. The participants agreed with having a community specific look and
feel in the corridor. Three general character zones were developed and implemented with some
local specifics such as abutment walls allowing graphics or art work for a specific community.
The Master Plan documents provided a consensus on the concept and direction to move forward.
That set the stage for more technical documents for contractors in the form of aesthetic design
guidelines. Information was needed on where the accent graphics would be applied and if the
intersection was a priority. TxDOT would eventually like to have specific feedback on what the
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September 6, 2011
Page 3
art work would be and identify where it would be located. Owens presented various options for
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wall accent panels, colors and texture patterns. He indicated that by September 15 they needed
information on how the feedback would work but did not need specific artwork at that time.
Council Member Roden asked if there was a specific overlay and did the City need to provide a
specific design for that. He questioned if once the artwork was chosen would it have to be the
same for every overpass.
Owens replied that every intersection would have a specific design. Baseline aesthetics were
established at specific intersections. They were requesting feedback on whether to have the
same artwork or unique art work at the intersections which would be determined by the
communities.
City Manager Campbell stated that suggestions were needed on which intersections the city
would like to have treatments. Some of the intersections would have more visibility than others
from the freeway and some would only be seen from the frontage roads.
Owens stated that all of the intersections were overpass scenarios which would put retaining
walls visible from the community and not from the main corridor.
Council Member Gregory asked if there were any photos or if Owens could direct him to some
to some that show the metal technique.
Owens indicated that he had a small sample to show to Council and could provide some photos
of completed projects.
Mayor Burroughs asked at what point the City would have to tell TxDOT that it wanted some
enhanced intersections and was willing to pay for them.
Owens stated that they would like to have those intersections identified by the 15th to complete
the document. The city could ask TxDOT about a deadline as the information would not
immediately go to a contractor to begin work.
Council Member Gregory suggested coordinating the intersections with the city's entrance
signage. The Public Art Committee could review the graphics.
Mayor Burroughs clarified that the specific graphics were not due on the 15th.
Owens stated that was correct.
Council Member Watts questioned if the intersections labeled for graphics accents had to have
the same graphics on each of the four corners.
Owens replied correct but if the City wanted to do two and two, it would not be out of the
question and would not be any additional cost.
Council Member Watts asked that if there were four identified intersections with four corners
each, what would be maximum number of different graphics on each intersection.
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September 6, 2011
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Owens stated that they were gearing the document that each intersection with four corners would
have the same graphics. He indicated that if the City wanted concrete graphics that would be a
different project and would be more expensive.
Council Member Watts asked what the baseline for landscaping at the intersections was and what
would be enhanced.
Owens stated that everything was base lined with Bermuda grass but enhanced intersections
would have basic shrubs. If a city wanted to go up from there, options were also available for
that. A city could also suggest a plant palate if it wanted to enhance the site.
Mayor Burroughs asked about the timing on grass and shrub preferences.
Owens stated that they needed to know by the 15th but the City could ask TxDOT for an exact
timeline.
Vorel stated that entities which requested enhanced landscaping also took on future maintenance
of the plantings.
Mayor Pro Tem Kamp asked if plants native to Texas could be used instead of Bermuda which
needed lots of maintenance.
Owens stated that anything above and beyond would be installed by TxDOT and maintained by
the local community.
Mayor Pro Tem Kamp questioned that if this process had started in January and had to be
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completed by September 15, why was Council just now discussing it.
Owens stated that Lewisville hired its own consultant to look at the border corridor and how it
would have a ripple effect throughout the community. Elements specific to that study were no
farther along than Denton. The Lewisville consultant, TxDOT and his firm had talked about
ideas but where the lines would be drawn was still being worked out.
Mayor Pro Tem Kamp asked how Denton would do that process.
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City Manager Campbell stated that he was not sure as the 15 was a short time frame. He
suggested brainstorming on how to proceed such as referring it to the Mobility Committee, the
Public Art Committee or form a council committee.
Mayor Pro Tem Kamp suggested a committee made up of three members of the Public Art
Committee and three members from Council to meet on the issue.
Council Member Engelbrecht asked how the four intersections were selected and who selected
them.
Owens stated that it was from feedback from the advisory committee meetings and their staff.
However, that was not a final decision.
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September 6, 2011
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Council Member Engelbrecht stated that Highway 380 was not one of the intersections selected
but was going to be a major cross thoroughfare throughout city. He also asked if thought had
been given to having the graphic on just one side of an intersection where traffic would be and
possibly be able to do eight intersections.
Owens stated that could be an option if the City wanted.
Council Member Engelbrecht questioned if the City could purchase a set for future use, leaving
some blank for the time being.
Owens felt that could be an option. The use of the applied metal would allow for such an option
and could easily be refreshed with new graphics in the future.
Council Member Engelbrecht stated that it could be part of a master plan with a statement on
how to change or add graphics in the future.
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City Manager Campbell asked if the information requested was critical for September 15 or
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could it be moved to October 1.
Owens stated that he would defer to TxDOT on when the information needed to be turned in for
document review. TxDOT would set the date for feedback.
Mayor Burroughs noted that accents on Post Oak would face oncoming traffic and not from the
community as that was an underpass. Post Oak was an entrance way and it would be critical for
the artwork. He asked what it would take to add another intersection to the list of four as
accents.
Owens stated that there was no magic to the number four of intersections. The City could make
a case to TxDOT to have five because of specific reasons. He felt that would not be a problem.
Mayor Burroughs questioned if the number of intersections would have to have done by 15th.
Owens replied correct. He felt that TxDOT would consider anything brought forward to them.
Council Member Gregory indicated that Highway 380 was an important intersection which
needed to be in the mix.
Council Member Roden asked about the possibility of leaving an overpass blank for a public art
project.
Owens stated that public art was discussed early on in the process. A problem with public art
was the factor of the unknown plus it would not have a consistent look and feel. It was not the
direction that the committee went; however, Council could bring it up to TxDOT if it desired.
The abutment face was not addressed but might be a consideration from a pedestrian standpoint.
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September 6, 2011
Page 6
5. Receive a report, hold a discussion and give staff direction regarding a proposed ordinance
which establishes child safety zones within the City of Denton in which certain registered
sex offenders may not legally reside.
Captain Len Carter, Denton Police Department, presented information on the proposal. The
purpose of sex offender residency law was to create a child safety zone in which registered sex
offenders did not live, thereby reducing the risk that they might have the opportunity to victimize
children. Denton currently did not have an ordinance regulating the residency of sex offenders
and when they were on parole, they could live anywhere in the city. Most area cities had
adopted ordinances establishing child safety zones which prohibited sex offenders convicted of
offenses against minors from residing within at least 1,500 feet of places where children gather
such as schools, parks, recreation centers, video arcades and day care centers. State law already
required offenders with children to register with the local police department but while on parole
must maintain certain distance. Currently there were 138 registered sex offenders in Denton. The
Police Department monitored the activity of these offenders by conducting monthly visits to
confirm their residences.
Since 2007 Denton had experienced a steady increase in the number of registered sex offenders
who chose to reside in Denton for personal reasons or after being paroled to Denton after release
from incarceration. Other areas had reported a leveling out or decrease. There were no
documented incidents of registered sex offenders reoffending and victimizing children in
Denton. The city would maintain a map depicting the prohibited areas. The map would be
reviewed annually and made available to juvenile offenders and exempted the permanent
residences of those offenders who were registered prior to the date of the adoption of the
ordinance.
Council Member Watts questioned why the ordinance did not apply to offenders who were
minors.
Carter indicated that no other ordinance had that provision.
Council Member Roden asked for reasons why there might be more offenders in Denton.
Carter stated that when the offenders were released they had to have a place to live and family
members here might take them in. It might also be because Denton did not have an ordinance on
file while others cities did.
Council Member Gregory stated that he did not see any information on bus stops.
Carter indicated that there were legal and logistical issues with bus stops. Currently there were
approximately 376 bus stops which would make it difficult to provide notice to offenders and
bus stops frequently moved which would make difficult to make a prior notice to offenders.
Council Member Gregory stated that an offense might have been against an older person rather
than just a child and questioned if that person would be prohibited from being around children.
Carter replied that it only applied to offences where the victims were under the age of 17.
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September 6, 2011
Page 7
Council Member King stated that these offenders had already paid their debt to society and
questioned if they were more repetitious offenders than others.
Carter stated that there were several subgroups some of which fixated and targeted children. It
was difficult to assess a risk level to humans as it was hard to predict what might happen. He
stated that State law allowed for the County Sheriff to prevent an offender from being enrolled in
his county. The purpose of that was to balance the load. A police department had to monitor the
activities of these offenders which could be difficult if the numbers were high.
Council Member Engelbrecht asked if neighborhood day cares in homes registered with the State
were included in the protected areas.
Carter stated that only public day care centers were included.
Consensus of the Council was to proceed with the ordinance.
Following the completion of the Work Session, the Council convened into a Closed Session to
discuss the following:
1. Closed Meeting:
A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
1. Receive competitive public power information from staff in the form of a
proposed operating budget for Denton Municipal Electric ("DME") for the
upcoming fiscal year, including without limitation, revenues, expenses,
commodity volumes, and commitments, and the direction of DME; and
discuss, deliberate, consider adoption of the budget and other matters, and
provide staff with direction regarding such matters.
This item was not considered in Closed Session.
B. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Receive a status report regarding the litigation entitled: The University of
North Texas, Appellant v. The City of Denton, Texas, Appellee, Cause No.
02-09-00395-CV, now pending before the Fort Worth Court of Appeals; and
discuss, deliberate and provide the City’s attorneys with direction and any
recommendations regarding such legal matter. A public discussion of this
legal matter would conflict with the duty of the City’s Attorneys to the City
Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
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September 6, 2011
Page 8
C. 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 fee
simple tracts, permanent drainage easement tracts and temporary
construction easement tracts for the Mayhill Road Widening and
Improvements project, affecting real property tracts in the D. Hough Survey,
Abstract No. 646, the M.E.P. & P.R.R. Surveys, Abstract Nos. 927and 950,
the D. Lambert Survey, Abstract No. 784, the G. Walker Survey, Abstract
1330, and the J. Brandon Survey, Abstract No. 1515, 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 and
the City of Denton, Texas 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.
This item was not considered in Closed Session.
Council convened in a Regular Meeting of the City of Denton City Council at 6:30 p.m. in the
Council Chambers at City Hall.
1. POSTING OF COLORS
The Fire Department Honor Guard posted the colors in remembrance of the 10th anniversary of
the 911 attacks.
2.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
3.PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Constitution Week
Mayor Burroughs presented the proclamation for Constitution Week.
2. Friday is UNT Pride Day 2011
Mayor Burroughs presented the proclamation for UNT Pride Day.
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September 6, 2011
Page 9
3. Leukemia, Lymphoma & Myeloma Awareness Month
Mayor Burroughs presented the proclamation for the Leukemia, Lymphoma & Myeloma
Awareness Month.
4.National Moment of Remembrance of the 10th Anniversary of
September 11th
Mayor Burroughs presented the proclamation for National Moment of Remembrance of the 10th
Anniversary of September 11.
4. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Rebecca Smith-Murdock regarding a Denton Smoke-Free city ordinance.
Ms. Smith-Murdock asked for a comprehensive smoke free ordinance in Denton. All public
places would be smoke free including offices, restaurants, and bars. Data indicated that smoke
free restaurants and bars were not adversely economically affected by such an ordinance. She
asked Council to pass a comprehensive ordinance to make Denton smoke free.
2. Hannah Murdock regarding a comprehensive smoke-free ordinance for
Denton.
Ms. Murdock asked Council to consider a smoke free ordinance for the city of Denton. Citizens
had the right to clean air but had a limited selection of work sites, restaurants and bars to go to.
She requested Council consider this issue now instead of waiting for state-wide action.
3. Bob Clifton regarding the proposed budget.
Mr. Clifton spoke regarding the proposed budget. He presented a comparison between the
County budget and the City proposed budget. He detailed the number and amount of salaries for
city employees.
5.CONSENT AGENDA
Council Member Gregory motioned, Council Member King seconded to approve the Consent
Agenda and accompanying ordinances. On roll call vote, Council Member King "aye", Council
Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye",
Mayor Pro Tem Kamp "aye", Mayor Burroughs "aye", and Council Member Roden "aye".
Motion carried unanimously.
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September 6, 2011
Page 10
Ordinance No. 2011-139
A. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to
enter into a development agreement between the City of Denton and ULE, L.L.C. for the
dedication of park land and construction of trails at a neighborhood park at the Unicorn
Lake Estates Subdivision; authorizing acceptance of land and improvements; and providing
an effective date. The Parks, Recreation and Beautification Board recommends approval
(5-0).
The minutes below were approved.
B. Consider approval of the minutes of: July 12, 2011 July 19, 2011
Ordinance No. 2011-140
C. Consider adoption of an ordinance authorizing the City Manager to execute a Professional
Services Agreement with CP&Y, Inc. of Dallas, Texas for engineering services and
consulting services associated with Tasks 2 through 4 of the City of Denton’s Municipal
Solid Waste (MSW) Facility Permit# 1590A, and providing an effective date (File 4683 - in
an amount not to exceed $865,880.00.) The Public Utilities Board recommends approval (5-
0).
6.ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider nominations/appointments to the City’s boards and commissions.
1. Animal Shelter Advisory Committee
2. Health & Building Standards Commission
3. Historic Landmark Commission
4. Public Art Committee
5. Traffic Safety Commission
6. Zoning Board of Adjustment
Mayor Burroughs nominated Sally Cavness to the Animal Shelter Advisory Committee, Mayor
Pro Tem Kamp nominated Pati Haworth to the Historic Landmark Commission and Council
Member Roden nominated John Murphy to the Traffic Safety Commission.
Council Member King motioned, Council Member Watts seconded to approve the nominations.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", Mayor
Burroughs "aye", and Council Member Roden "aye". Motion carried unanimously.
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September 6, 2011
Page 11
7. PUBLIC HEARINGS
Ordinance No. 2011-141
A. Hold a public hearing and consider adoption of an ordinance of the City of Denton
Texas, providing for a zoning change from Downtown Residential 1 (DR-1) zoning
district classification and use designation to Downtown Commercial General (DC-G)
zoning district classification and use designation, on 2.5 acres, legally described as
Lots 2-9, Block B, Paul Hamilton Addition, in the City of Denton, Denton County,
Texas; providing for penalty in the maximum amount of $2,000.00 for violations
thereof; providing a severability clause and an effective date. (Z11-0006) The
Planning and Zoning Commission recommends approval (7-0.) DUE TO THE
OPPOSITION OF MORE THAN 20% OF THE LAND AREA WITHIN 200 FEET
OF THE SUBJECT PROPERTY, A SUPER MAJORITY VOTE OF THE CITY
COUNCIL WILL BE REQUIRED TO APPROVE THIS REQUEST.
Mark Cunningham, Director of Planning and Development, presented the details regarding the
proposal. The applicant was requesting a zoning change from DR-1 to DC-G in order to expand
the Midtown student housing project which was just completing construction. The property was
currently developed with eight single family lots that the developer had acquired that would be
an extension of the Midtown Student Housing Complex. The proposed zoning was consistent
with the existing Denton Development Code; however, opposition exceeded 20% which would
require a super majority vote by Council. The Planning and Zoning Commission and staff
recommended approval.
Mayor Pro Tem Kamp stated that the picture of the site did not show the new development.
There were four story structures in the area.
Cunningham stated that the structures were already built but were not facing Cleveland Street.
Mayor Pro Tem Kamp asked about the opposition to the proposal.
Cunningham stated that it was one property owner who owned or managed the lots in question.
Council Member Watts asked about the single lot to the south that was not part of the rezoning.
Cunningham stated that the zoning was for multi-family and the other areas were for the club
house for the new apartments.
Council Member Watts stated that the requested change was to not restrict the property to multi-
family and that the zoning change would allow for other uses as submitted.
Cunningham stated that the proposed zoning was for straight zoning to DC-G and that all uses
would be allowed that were in DC-G
Council Member Roden asked about the traffic flow from the new apartments.
Cunningham stated that the access would be on Cleveland Street.
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September 6, 2011
Page 12
Council Member Roden asked if that would be the only access or would that change with the
new zoning.
Cunningham stated that parking would be adjacent to the existing parking. Currently there was
no official site plan.
Council Member Roden stated that there were a large number of large trees on the property and
questioned what the process was to save those trees.
Cunningham stated that the developer would have to meet the current tree ordinance as noted in
the Development Code or do mitigation as noted in the Development Code.
Council Member Gregory asked about the site plan review process.
Cunningham stated that the site plan would be submitted to the City for review but that there
would be no public hearing.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Mac Jones, applicant, spoke in support.
Council Member Gregory stated that the proposal was designed as student housing and asked
Mr. Jones to describe the units.
Jones stated that they would be 2-4 bedroom units with amenities already in place with the other
complex. Each bedroom would have its own bathroom and would be blocked off from the
common area of the apartment. The apartments would be listed by the bedroom. Only one
additional building would be constructed on the property. He was proposing forty units and 150
beds with no more than one tenant per bedroom.
Council Member Gregory asked how parking would be allocated.
Jones stated that there would be enough parking for each bedroom to have a parking space. His
policy was to not have spill over parking outside of the complex.
Council Member Gregory asked if there was any retail space included within the development.
Jones stated that he had done one development in Arlington with retail but that was generally not
his practice.
Council Member Watts stated that with the forty units and 150 beds the apartments would be a
mix of two, three and four bedrooms.
Jones stated that the majority would be four bedrooms.
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September 6, 2011
Page 13
Council Member Watts stated that with no site plan, the density could be 150 units per acre so to
zone with the requested zoning it was only constricted by the size of the site for the number of
units. He questioned if the site plan would be able to accommodate 150 cars on site.
Jones indicated that it could.
Council Member Watts asked Mr. Jones if he would agree to put a restriction to have only multi-
family on the property.
Jones stated he would agree to that.
Council Member Watts expressed a concern regarding the height of the buildings. In the past,
there were some presentations made of what was going to be built but that might have changed
in the process. He was uncomfortable with not having a site plan to look at. He asked about the
ingress/egress and whether the property would be replated into one large development.
Jones stated that the property would be replated.
Council Member Watts asked about the access and the fact that there was only one access.
Jones stated that was correct as that was what was required. They would like another point of
egress but that was dependent on City code.
Council Member Watts asked if the parking would be in the back.
Jones stated that was what was being considered.
Council Member Watts asked Mr. Jones if he would agree to restrict the buildings to be similar
in nature to the ones already there.
Jones replied that was what they were going to do. They were going to make it identical to the
other buildings.
Mayor Pro Tem Kamp asked Mr. Jones to address the tree issue.
Jones stated that they were going to save as many trees as they could as they were an amenity to
the site.
Council Member Roden asked if the resident’s cars were staying in the parking lot or how were
the students getting to the university.
Jones indicated that a lot of the students rode the bus or bikes.
Council Member Roden asked what the complex did for bike riders.
Jones stated that they had just purchased two additional bike racks for all the bikes used on site.
He felt that most of the cars stayed put and were not driven to campus. They had applied to the
university to add a bus stop at the club house.
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September 6, 2011
Page 14
Council Member Engelbrecht asked if there would be retail on the lower floor on the Cleveland
Street side.
Jones stated that it was not considered as visibility there was not high enough.
Council Member Watts asked if Jones had sold any units to a tax exempt entity.
Jones replied no. They had built seven projects and still owned and managed six of them.
James Lockridge, 917 Cleveland, Denton, 76201 - spoke in favor.
David Shelton, 919 Cleveland, Denton, 76201 – spoke in favor.
Ivan Goddard, 1017 Cleveland, Denton, 76201 – spoke in favor.
Robert Detaneglo, owner of 1001 Cleveland, Denton 76201 - spoke in favor.
Devin Taylor, 2710 Hinkle, Denton, 76201 – request retail not be restricted.
The Mayor closed public hearing.
Council Member King motioned, Council Member Watts seconded to adopt the ordinance with
the conditions that the use be limited to multi-family and with similar construction as those
building around it. On roll call vote, Council Member King "aye", Council Member Watts
"aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member
Roden “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried
unanimously.
B. Hold a public hearing and receive citizen input on the FY 2011-12 Proposed Budget.
Bryan Langley, Chief Financial Officer, presented an overview of the budget process to date.
The proposed budget was presented to Council on July 29 with detailed discussions during
August. The current tax rate was maintained with no base rate increase for electric customers.
There was an increase proposed in water and solid waste. The budget also created a street
improvement fund with $3.5 million to be placed in that fund for street maintenance. Following
the August 16th meeting staff made changes in the budget following Council direction. The
projected sales tax increase which increased the Council’s initiative funding would be part of the
budget but no specifics at this time for the uses of that money. Detailed costs for projects would
be presented to Council at the appropriate time. The amount of transfer to the Street
Improvement Fund would be increased by using the franchise fees. An additional work session
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on would be held on September 13 regarding the budget with budget approval scheduled for
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September 20.
Mayor Pro Tem Kamp stated that the total budget was approximately $587 million and asked
how much of that was the DME budget.
Langley stated that $140.4 million was Electric Fund expenditures.
Mayor Pro Tem Kamp stated that it was not an equal comparison when Denton’s budget was
compared to cities with no utility company.
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September 6, 2011
Page 15
Mayor Burroughs asked how much was the General Fund budget.
Langley replied it was $88.5 million for tax supported services such as police, fire and libraries.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Jeffrey Rasch, 301 Bradley, Denton, 76201 – more money for bike lanes
Devin Taylor, 2710 Hinkle, Denton, 76201 – support for the budget
Amaya Herrington-Alexander, 2043 Scripture, Denton, 76201 – support for bike lanes
Vicki Oppenheim, 600 Windfield, Denton, 76209 – more money for bike lanes
Christopher Walker, 1310 Scripture, Denton, 76201 – more money for bike lanes
Jennifer Lane, 2024 Bowling Green, Denton, 76201 – support for the budget
Laurent Provost, 1301 Sena Street, Denton, 76201 – in support of bike lanes
Amber Briggle, 1315 Dartmouth, Denton, 76201 – in support of bike lanes
Elma Walker, 9805 Grandview, Denton, 76207 – support for the budget
Ian Veteto, 2006 Camellia Street, Denton, 76205 – support for bike lanes
Alena Veteto, 2006 Camellia Street, Denton, 76205 – support for bike lanes
Cooper Barner, 1701 Wisteria, Denton, 76205 – support for bike lanes
Zarian Peresly-Boone, 601 Crescent, Denton, 76201 – support for bike lanes
Lydia Alexander, 2043 Scripture, Denton, 76201 – support for bike lanes
Clinton McBride, 1400 N. Elm, Denton, 76201 – support for bike lanes
Howard Draper, 919 W. Hickory, Denton, 76201 – support for bike plan
Kris Ohlinger, 1121 Bernard, Denton – support for bike infrastructure
Raina Joines, 801 Greenwood, Denton, 87208 – support for bike lanes
Joseph Kinrad, 65 W. Sycamore, Denton, 76201 - support for bike lanes
Kevin Marshall, 530 S. Locust, Denton - support for bike lanes
Hatice Salih, 300 Northridge, Denton, 76207 – opposed to budget
Bob Clifton, 1800 Morse, Denton, 76205 – opposed to budget
The following individuals submitted comment cards all in support of bike lanes:
Will Frenkel, 1704 Westchester, Denton, 76201
Jeremiah Trinidad, 1220 Crescent, Denton, 76201
Dylan Thomas Dunn, Denton, 76201
Tyler Reinhold, 516 W. Oak, Denton, 76201
Chris Thrasher, 409 Janie Street, Denton, 76209
Jennifer Bailey, 1003 Avenue A, Denton, 76201
Allison Gilmer, 400 Jagoe, Denton, 76201
Remington Pohlmeyer, 1417 Anna Street, Denton, 76201
Antonio Mondrayer-Becher, 409 Janie, Denton, 76209
Pauline Farrestin, 2015 Bowling Green, Denton, 76201
Desiree Chuskul, 316 Fry Street, Denton, 76201
Nathaniel Lightfoot, 111 Lane Street, Denton, 76209
Jessica Menth, 816 N. Bell, Denton, 76209
Chris Flesher, 816 N. Bell, Denton, 76209
Agatha Beins, 2421 N. Bell, Denton, 76209
Rhonda Love, 1921 Hollyhill, Denton, 76205
City of Denton City Council Minutes
September 6, 2011
Page 16
Justin Stewart, 1808 Panhandle, Denton, 76201
Julie Stebbins, 1220 Crescent, Denton, 76201
Chris Oller, 514 N. Austin, Denton, 76201
Nicholas Magruder, 425 Normal, Denton, 76201
Cayla Bramlett, 716 W. Sycamore, Denton, 76201
Lily Sloan, 1104 Manhattan, Denton, 76209
Brian Bartels, 716 W. Sycamore, Denton, 76201
The Mayor closed the public hearing.
Council Member Engelbrecht thanked the citizens for coming to Council as a group for a
particular effort.
Mayor closed public hearing
No action was required by Council on this item.
8. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Hatice Salih regarding the proposed budget.
Ms. Salih presented her views on the city's proposed budget.
2. Melissa Rodriguez concerning a smoke free Denton.
Ms. Rodriguez presented her views on a smoke free ordinance for the city of Denton.
9. 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.
City of Denton City Council Minutes
September 6, 2011
Page 17
Mayor Pro Tem Kamp invited Council and citizens to a city-wide commemoration of 9/11 at the
First United Methodist Church on Sunday at 6:00 p.m.
Council Member Gregory requested that the Agenda Committee work on a time to have a work
session on a smoke free ordinance and would like to see the proposed legislation by Myra
Crownover. He would also like to see ordinance in this area that had been implemented by
neighboring cities as a model.
Council Member Roden asked for a history of the bike plan and reasons why items in the plan
were not in effect.
Council Member Watts asked for a work session regarding an apartment policy for Denton.
Council Member Watts asked for recommendations from the TIF Board for financing options for
the County property.
Mayor Burroughs asked that it also include what was the best possible type of development for
the property per the Board and what kind of zoning should be on the property.
Council Member Engelbrecht agreed with the smoking and apartment policy suggestions. He
also asked that staff be able to talk about money for the bike plan at the next budget discussion.
Mayor Burroughs asked for suggestions on where in the increased funding for road maintenance
prioritization of bike traffic would be located. He suggested looking at that when prioritizing a
street for maintenance and make it one of the factors if it currently was not one.
Mayor Burroughs asked about traffic light functioning so that it recognized a bike there instead
of car.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Mayor Burroughs indicated that Council would be returning to the Closed Session.
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.
Council returned to Closed Session at 9:00 p.m. to consider the following:
A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
2. Receive a status report and further presentation from staff regarding public
power competitive and financial matters regarding the possible construction
City of Denton City Council Minutes
September 6, 2011
Page 18
and installation of a state-of-the-art combined heat and power (CHP) tri-
generation station, and associated structures including a proposed natural gas
pipeline, 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.
The Council returned to Open Session and with no further business adjourned at 9:15 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS