April 3, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
April 3, 2012
After determining that a quorum was present, the City Council of the City of Denton, Texas
.
convened in a Work Session on Tuesday, April 3, 2012 at 4:00 p.m in the City Council Work
Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem Kamp,
and Mayor Burroughs.
ABSENT: None
1. Citizen Comments on Consent Agenda Items
There were no requests from citizens to speak on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for April 3, 2012.
Council Member Watts noted that the backup for Consent Agenda Item 3H indicated that there
were 136 units but that the number of bedrooms was much larger. He suggested that in the
future the number of bedrooms be looked at as opposed to the number of units and that staff
consider a definition of "unit" to include the number of bedrooms with the number of units.
Council Member Roden indicated that he did not know about the summer food program
associated with Consent Agenda Item 3G and noted that the backup indicated that it was started
in 1992. He questioned if it had been a continuous program since then.
City Manager Campbell stated that it had been a yearly program since the start in 1992.
Council Member Gregory stated that he was glad to see with Consent Agenda Item 3D that the
amount of money for the utility assistance program was sufficient. He questioned if there were
provisions in place for Interfaith Ministries to come back to the City or staff back to Council for
additional funding if funds became short.
City Manger Campbell stated that staff would continue to monitor and identify funds if the
amount was not sufficient.
Council Member Gregory noted that the informal staff report on this issue was very informative.
Mayor Burroughs stated that the funding was a set amount per month. He questioned if there
were any months when the funds were not enough and were made up with other months when
there were overages.
Ethan Cox, Customer Services Manager, stated that there were some stressful months in the
summer but there were enough reserves to carry through. To date, 85% of the funds had been
used which should allow for an amount available for next year.
City Manager Campbell questioned if Council would like to discuss Item 4B regarding the Street
Bond Committee and the appointment of a chair. Staff could modify the resolution before
consideration at the formal meeting.
City of Denton City Council Minutes
April 3, 2012
Page 2
City Attorney Burgess stated that if Council did not make an appointment, then at the first
meeting the members would elect their own chair and vice chair.
Mayor Burroughs stated that in the past Council had chosen the chair and felt that it might not be
a bad idea for Council to do so for this committee.
Mayor Pro Tem Kamp asked if there had been any suggestions from the nominees.
City Manger Campbell stated that the chair could be from the 21 members or Council could
appoint one additional person to be the chair.
Mayor Burroughs noted that Council had not talked about adding another person.
Council Member Gregory stated that he could see several possibilities from the list but would
have to talk to someone first.
Mayor Burroughs stated that he had talked with Marty Rivers who agreed to do that.
Council Member Watts questioned what Mr. Rivers was currently chairing.
Mayor Burroughs stated he was the chair of the Economic Development Partnership Board.
Council Member Watts asked if Tim Crouch was currently chairing any committees.
Council Member Gregory suggested appointing a char and co-chair.
Council Member Watts proposed charging the committee with these two people and let them
decide from the two suggested people who would be chair and vice chair.
City Attorney Burgess stated that wording would be added to the resolution for consideration
during the regular meeting.
3. Receive a report, hold a discussion and give staff direction regarding the 2012 Tax
Abatement Policy for the City of Denton to establish guidelines and criteria governing
tax abatement agreements.
Erica Sullivan, Economic Development Analyst, stated that the original policy was adopted in
1989. The abatement policies were valid for two years and must be readopted or replaced at the
end of the term. The last Tax Abatement Policy was adopted on April 20, 2010. The 2012
policy was modified to include the following considerations for granting tax incentives: local
contractor preference, community support and involvement, an expansion of the environmentally
sustainable practices category.
Local Contractor Preference – under the factors that the city may consider for granting an
additional 5% abatement the following was added – a minimum of 25% local contractors and
local subcontractors would be utilized during construction of the project. The minimum
requirements of 25% would be based on the estimated construction valuation of the project.
City of Denton City Council Minutes
April 3, 2012
Page 3
Community Support and Involvement was further defined to include that the applicant was
committed to actively support the community. That might include monetary or active investment
in local non-profits, public institutions or community organizations. It could also include
membership and participation in a Denton chamber of commerce. The Economic Development
Partnership Board would consider the criteria proposed by the applicant and make a
recommendation as to whether the additional 5% would be added to the overall incentive
package.
Environmentally Sustainable Practices – the additional 5% abatement might be considered if the
project incorporated significant environmentally sustainable practices that included Leadership
in Energy and Environmental Design certification, recycling initiatives, the manufacture of
sustainable materials or products that support sustainable industries in the incorporation of clean
technology.
Council Member Watts stated that on page 2 of the proposed policy there was an incentive factor
that stated “create high-skilled, high paying jobs”. He indicated that past abatements had jobs
and salaries listed but he did not see in the policy a definition of high paying job as a minimum
base line. He also did not see a process whereby the incentive would be verified throughout the
life of the project and questioned if an audit would be done to confirm that.
Sullivan indicated that past agreements had to provide documentation or an agreement to go on
site and inspect to verify the incentive.
Council Member Watts questioned the wording regarding actively supporting the Denton
community. He felt it was out of place in an economic development policy and that there were
no real requirements or parameters and was vague with no details.
Sullivan indicated that there were many potential businesses who indicated that they would have
a significant community involvement but then never did. The EDP Board discussed how to keep
the wording broad for the projects.
Mayor Burroughs stated that defining of the issue was hard for the Board. It could either be way
too specific or identifying organizations. If a project received the 5% the person wanting the
incentive would have to provide that information and the EDP Board or Council would then
approve it.
Council Member Watts stated if an incentive were granted and the project was up and running, a
follow-up to community involvement would be difficult to monitor. He asked what in the policy
provided for follow-up.
Linda Ratliff, Director of Economic Development, stated that each year the project would have
to document what was done. If the involvement were not met, there would be a reduction in the
abatement for the next year.
Council Member Gregory stated that it would provide flexibility to the applicant but have a
baseline on the amount of involvement.
City of Denton City Council Minutes
April 3, 2012
Page 4
Council Member Engelbrecht suggested being specific on what a "significant relationship with
the community” meant. He questioned what would happen if the abatements were reviewed
each year and the standards were not met.
Sullivan replied that it depended on the agreement. Some agreements were terminated if the
standards were not met.
Council Member Engelbrecht stated that he would rather have the 5% terminated if the
thresholds were not met.
Mayor Pro Tem Kamp questioned why the incentive would be terminated in future years if in
one year it was not met. She was in favor of encouraging it for future years.
Council Member Engelbrecht stated that the project would have already demonstrated it could
not do it so why keep it on.
Mayor Pro Tem Kamp stated that she would like to keep the flexibility but not punish for the
first time.
Mayor Burroughs stated that the EDP Board did not discuss a permanent loss of the 5% as there
might be some extenuating circumstances for a particular year.
Consensus of the Council was to receive yearly reports on how the incentives were doing.
4. Receive a report, hold a discussion, and give staff direction regarding an ordinance to
repeal the current Chapter 13 Food and Food Service Establishments of the Denton Code
of Ordinances with a new Chapter 13 Food and Food Service Establishments ordinance.
Kurt Hansen, Building Official, stated that the current version of the Food Ordinance was
adopted in 2004. The Texas Food Establishment Rules set the minimum standard for the city’s
ordinance. There were approximately 600 food establishments in Denton and last November a
third inspector was hired. The proposed ordinance made changes and added: mobile food units,
temporary food establishments, Farmer's Markets/Community Markets. He reviewed the
number of public meetings that were held regarding the proposed ordinance including a March
thnd
20 meeting with food establishment owners and a March 22 presentation to the Health &
Building Standards Commission
Amendments to the current ordinance were detailed as follows:
(1) Section 13-3 Personnel was amended to include that a food employee may drink from a
beverage container that had a tight fitting lid with a straw and would wear disposable gloves
when handling ready-to-eat foods or provide the documentation required under Texas Food
Establishment rules for double hand washing.
(2) Section 13-4 Food Manager Certification indicated that at least one person per shift shall
have a valid “Food Protection Management Training Certificate”.
City of Denton City Council Minutes
April 3, 2012
Page 5
Council Member Gregory questioned if an extremely small establishment with only one or two
employees would have to have one per shift.
Hansen stated correct according to the staff recommendation.
Council Member Gregory asked if that certificate was more significant than a food handler
permit.
Hansen stated that the certificate covered much more information.
Council Member Roden asked if a coffee shop would have to have one person on staff with this
certificate or if it just applied to some type of food service.
Hansen stated if the business required a health permit then someone on site during open hours
would have to have certification.
Jackie Kilz, Health Inspector, stated that when the business was open there must be someone in
charge with that certification. This was a common requirement that many area cities had
implemented.
Mayor Burroughs asked if there was a demonstrated pattern of abuse to show need this.
Gary Chambers, Health Inspector, stated that the premise was that people who know better, do
better. It might be possible to attach the requirement to the size of an establishment as currently
it was done per square footage.
Council Member Gregory suggested either by square footage, number of employees or type of
items sold. He could see a situation such as a snow cone stand with a young employee where
this could be overkill.
City Attorney Burgess questioned if the ordinance was referencing the State Health and Safety
Code and the Texas Administrative Code and whether the provisions were mandatory or
discretionary. Staff would research that provision and provide Council with more information.
Council Member Engelbrecht asked for information from other cities that had or did not have
that provision or some that had modified provisions.
(3) Section 13-8 Duration of Food Handler Card – the proposed change would be to extend the
food handler card for two years at a cost of $25.00. Cards would be displayed where they could
be easily seen by the Health Inspector.
(4) 13-20 Dogs Permitted in Outdoor Dining Area – proposed amendments would allow dogs in
an outdoor dining area when the dogs were on a leash at all times and the customer and dog had
access to the outdoor dining area directly from the exterior of the food service establishment.
(5) Section 13-21 Mobile Food Units – two classes of mobile food units were proposed. Class 1
would be non-PHF, pre-packaged food that provided hot and cold holding units from which
City of Denton City Council Minutes
April 3, 2012
Page 6
packaged food were displayed and sold. Class II would be able to serve a full menu as approved
by the Consumer Health Division.
(6) Mobile Unit Permits – would include a permit application with a plan review of the floor
plan; a Certificate of Occupancy for zoning districts; an itinerary or route; background checks for
owners and workers in terms of conviction of a sexual offence or related offense against a child;
provide documentation of agreements regarding parking on private property; and restroom
facility use within 500 feet.
Council Member King asked if there were background checks for employees in a food
establishment.
Hansen stated not in Denton but many cities did.
Council Member Gregory questioned if restaurants that target children did background checks.
City Attorney Burgess stated that staff would look more into this provision. There were sections
in the Texas Occupations Code where certain individuals may not receive certain permits.
Council Member Roden questioned the itinerary or route provision and whether it was tied to
getting a permit and how far out the routes would need to be determined.
Hansen stated that the provision was to level the playing field for those units that wanted to be in
zoning districts that allowed restaurants. Some units would want to move, some would stay in
one location. A route was necessary to make sure that where the unit parked was in a zoned
district and so that they could be found during the day when necessary.
Council Member Roden questioned how far out to make the itinerary which was tied to the
health permit.
Hansen stated that a preliminary itinerary could be provided for the permit and if that itinerary
was not working, a new one could be submitted.
Council Member Roden suggested allowing the health permit first and then provide the route so
as to separate the two.
Hansen stated that the intent was to manage where the units were going to park.
Council Member Gregory stated that some units would be mobile while some would be
permanent. He suggested the possibility of electronic notification of moving to a different
location.
Mayor Burroughs questioned if there was a situation such as a Homeowner’s Association
wanting to have a food cart next to their community pool and if that would be allowed.
Hansen stated no.
Mayor Burroughs suggested finding a way to make that happen to allow for that flexibility.
City of Denton City Council Minutes
April 3, 2012
Page 7
(7) Section 13-21 Mobile Units – mobile units would meet the requirements of a food service
established as listed in the State Health Services TFER and Chapter 13 of the Denton Code of
Ordinances. The interior of the mobile units would be professionally manufactured in
accordance with Section 13-28 Plans and Permits. The vehicle would be completely enclosed
and servicing records would be required to be kept on the unit and at the commissary and shall
be available for inspection.
Council Member Gregory questioned why the interior had to be professionally built.
Hansen stated that the commercial equipment was part of the rules for refrigeration and stoves
but as long they could be properly cleaned and washed and kept sanitary, it would be in
compliance.
Council Member Gregory stated that he was concerned with the wording “professionally built”.
Mayor Pro Tem Kamp stated that the unit did not have to be built by a contractor but had to be
done professionally and not haphazard.
Council Member King suggested using wording that would state the unit had to meet specs but
did not have to be done by a professional.
Hansen continued with commissary requirements. A commissary would be required for all
mobile units. The definition of a commissary was that it was a central preparation facility; a base
of operations; a site at which food preparation, storage, and cleaning or servicing of the vehicle
occurred. It would be a place to wash down, restock and get rid of used grease. The commissary
could not be a private residence or a warehouse and would have a health permit. The mobile
units would report to their approved commissary at least once every week to be cleaned and
serviced. A Class I vehicle could use a permitted restaurant as commissary.
(8) Section 13-21 Mobile Units restrictions – mobile units could not park within 1500 feet of a
public school between the hours of 7:00 a.m. and 5:00 p.m.; could not park within 300 feet of a
city permitted food establishment unless written permission was given by all food establishment
owners involved; could not be cleaned at the location of an existing food establishment as all
cleaning would be done at the approved commissary; could not dispose of wastewater or cooking
grease at an existing food establishment and could not be located closer than 12 feet from a
structure or another mobile food unit.
Council Member Roden stated that an established restaurant with a mobile food unit could not
service its own unit at the restaurant.
Hansen replied correct as the established restaurant would not be equipped to handle the
wastewater or the grease from the mobile unit.
Council Member Engelbrecht suggested receiving input from the schools on locating near a
school.
City of Denton City Council Minutes
April 3, 2012
Page 8
Mayor Burroughs suggested considering alternatives when schools were not in session such as in
the summer or weekends. If the school were closed the restrictions would be not relevant.
Council Member Watts asked about the zoning requirement. The purpose was to be in an area
where people wanted food and the permission requirement would regulate that aspect.
City Attorney Burgess presented information concerning cases of litigation with provisions of
locating near permanent restaurants.
Council Member Roden asked how sales tax would be collected.
Jon Fortune, Assistant City Manager, stated that typically the address for the permit was where
the money was collected.
Council Member Gregory asked about open air units such as the one in front of the Lowes Store
in terms of being completely enclosed or having an approved air curtain.
Hansen stated that after passage of the ordinance, it would have to come into compliance.
Council Member Gregory stated that lots of cities had those types of facilities so there may a
need for another class to address those types of units.
(9) Section 13-24 Temporary Food Service Establishments- a temporary permit would be
required if serving from a location other than a permitted establishment location. Temporary
event applications were due at least 2 working days prior to the event. On event day, all
requirements of the food booth would be in place before a temporary food permit would be
issued. Single use gloves would be worn over clean hands, barehanded contact with ready-to-eat
food would be prohibited and food handler cards would be required.
Council Member Gregory asked about a non-profit organization with a celebration serving food
to the public and whether in that situation, an application would be required.
Hansen stated it would depend on whether the food had to be kept fresh.
(10) Section 13-25 Farmer’s Market – proposed provisions included all animals would be in a
carrier or on a leash and kept at least 10 feet away from food booths. The requirements for food
booths at a Farmer’s Market would be the same as for temporary food service establishments per
the TFER, and requests for menu changes would be in writing and only permitted after approval
of a Consumer Health Officer. This did not apply to uncut fruits and vegetables.
Mayor Pro Tem Kamp stated that these provisions dealt with only the preparation of food.
Hansen stated correct.
Council Member Engelbrecht asked where in the process a baked good wrapped in an approved
kitchen would fall.
City of Denton City Council Minutes
April 3, 2012
Page 9
Hansen that it would be allowed if done in a permitted kitchen. However, if someone wanted to
make a baked good at home to sell for extra money, it would not be allowed.
(11) Section 13-29 Outdoor Bars – the provisions would only apply to established bars. Outdoor
bars would be held to the same requirements as an indoor kitchen. No potentially hazardous
food would be prepared outside. Doors from the established bar to the open patio would not be
left open without an air curtain, or screen door and vector control screening would be readily
available.
(12) Section 13-33 Expiration and renewal of permits – permits would become void unless the
applicable permit fee was received before the expiration date of the existing permit. A $35
administrative fee would be charged for renewal of health and beer/wine permits if not received
by the expiration date.
(13) Section 13-40 Report of Inspections – the proposed ordinance indicated that the inspection
score shall be posted by the Health Officer near the primary entrance of the establishment. The
posted inspection score would be a letter grade. Any food service establishment owner or
manager could request a re-inspection if a score was determined to be unacceptable.
Council discussed posting restaurant scores in windows of establishments with the general
consensus that the provision was not acceptable.
Council Member Gregory asked for an analysis of city's fees as opposed to the cost for
inspections to be sure an appropriate amount was being charged to cover the costs.
Mayor Pro Tem Kamp requested a side by side comparison of the Austin regulations with the
proposed Denton regulations.
Council Member Gregory suggested including Fort Worth and Dallas.
5.Receive a report, hold a discussion and give staff direction regarding the placement of
accessory structures in side and front yard setbacks.
Mark Cunningham, Director of Planning and Development, reviewed the background
information on the request by the Denton City County Day School. The school wanted to
construct a canopy over an existing concrete slab that was located at the northeast corner of the
property. This location was considered as the property’s side yard, and the proposed canopy was
considered an accessory structure. The Denton Development Code did not allow accessory
structures in front or side yards.
Council Member Watts stated that the definition of a side yard was based on the placement of the
structure.
Cunningham stated correct that it was based on the primary structure. Council options included
maintaining the existing provisions or revising the Code to allow accessory structures in side
and/or front yards with or without conditions.
City of Denton City Council Minutes
April 3, 2012
Page 10
Mayor Burroughs stated that there was no consideration for front yards at this time as this was
about side structures only.
Council Member Roden stated that a third option was a variance process.
Cunningham stated that a variance was not allowed in the case of a prohibition.
Mayor Burroughs suggest considering a variance procedure or specific use permit procedure for
the allowance of accessory structures for institutional uses.
Cunningham cautioned about restricting uses in various zoning categories.
Mayor Burroughs stated it would be an institutional use with a specific use permit.
Council Member Watts felt that some development process items had a clear need to be flexible
but the Code did not always allow that. There was also a need to look at the process when trying
to create potential flexibility at the staff level and not compromise standards.
Cunningham stated that staff would work on the suggestions from Council in terms of side yard
regulations for institutional uses.
Following the completion of the Work Session, the Council convened in a Closed Session at 6:18
p.m.
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1.Consult with City's attorneys regarding litigation strategy and the status of
litigation styled Jones v. City of Denton, Cause No. 2011-50255-367, currently
pending in the 367th District Court of Denton County.
This item was not considered in Closed Session.
Consultation, discussion and deliberation with City's attorneys regarding legal
2.
issues relating to Item #5 of the April 3, 2012 Work Session Agenda under both
existing and proposed or potential Denton Development Code regulations where
such discussion presents a conflict between the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas and the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code.
3.Consultation with the City's attorneys regarding legal issues associated with the
potential acquisition of certain real property interests located in the Francis
Batson Survey, Abstract No. 43, also known as Lot 1, Rayzor Ranch North, an
addition to the City of Denton, Texas, according to the plat recorded in Cabinet
Y, Page 740, Plat Records, Denton County, Texas, where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to the City
of Denton and the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas, or would jeopardize the City's
City of Denton City Council Minutes
April 3, 2012
Page 11
legal position in any administrative proceeding or potential litigation.
Regular meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall.
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. National Community Development Week
Mayor Burroughs presented the proclamation for National Community Development Week.
2. Friends of the Denton Public Libraries Day
Mayor Burroughs presented the proclamation for Friends of the Denton Public Libraries Day,
3. Child Abuse Prevention Month and the Year of CASA
Mayor Burroughs presented the proclamation for Child Abuse Prevention Month and Year of
CASA.
3. CONSENT AGENDA
Council Member King motioned, Council Member Gregory seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote: Council Member King,
Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro
Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Approved the Noise Exception request listed below.
A. Consider a request for an exception to the Noise Ordinance for the purpose of performing
music during the 2012 Relay for Life to be held at the University of North Texas Fouts
Field beginning at 3:00 p.m. on Saturday April 21, 2012, until 6:00 a.m. on Sunday,
April 22, 2012. The request is for a variance in decibels, from 70 to 75 decibels, for an
outdoor concert and for amplified sound on Sunday until 6:00 a.m. Staff recommends
approving the request.
Resolution R2012-007
B. Consider approval of a resolution establishing Naming Policy Guidelines for City
Buildings, Facilities, Land, or any portion thereof; repealing Resolution No. R2007-035;
and declaring an effective date.
City of Denton City Council Minutes
April 3, 2012
Page 12
Approved the minutes listed below.
C. Consider approval of the minutes of:
February 14, 2012
February 21, 2012
February 22, 2012
March 5, 2012
March 6, 2012
Ordinance No. 2012-065
D. Consider adoption of an ordinance of the Council of the City of Denton, Texas accepting
a proposal and awarding a contract for a Utility Assistance Program for low-income
households to Interfaith Ministries in an amount not to exceed $85,000 annually;
providing for the expenditure of funds therefor; and providing an effective date. The
Public Utilities Board recommends approval (7-0).
Ordinance No. 2012-066
E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for Electrical Energy
Transmission Fees to those cities and utilities providing energy transmission services to
the City of Denton; and providing an effective date (File 4933-Adjusted Fiscal Year
1999 Electrical Energy Transmission Fees in the total amount of $645,941). The Public
Utilities Board recommends approval (7-0).
Ordinance No. 2012-067
F. Consider adoption of an ordinance rejecting any and all competitive bids for a contract
for Street Milling Services for the City of Denton; and providing an effective date. (Bid
4909-Two Year Contract for Street Milling Services).
Ordinance No. 2012-068
G. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City
Manager to execute a contract with the Denton Independent School District for the 2012
Summer Food Service Program; authorizing the expenditure of funds to administer the
program; and providing an effective date.
Ordinance No. 2012-069
H. Consider adoption of an ordinance authorizing the City Manager of the City of Denton,
Texas ("City") to execute for and on behalf of the City an Easement Abandonment
Agreement ("Agreement"), by and between Creekwood Centre Denton, LLC and the
City, contemplating the (I) partial abandonment of that certain easement and right of
way, dated on or about July 30, 1927, from Mrs. S. A. Bayless, et al to the Texas Power
& Light Company, recorded in Volume 216, Page 231, Real Property Records, Denton
County, Texas, being further referenced in an assignment of easements, dated on or
about May 21, 1975, from Texas Power & Light Company to the City of Denton,
recorded in Volume 756, Page 669, Real Property Records, Denton County, Texas, as
more particularly described in the ordinance; and (II) partial abandonment of that certain
City of Denton City Council Minutes
April 3, 2012
Page 13
utility easement, dated on or about May 6, 1955, from J. A. McLeod, and wife Florence
McLeod to the City of Denton, Texas recorded in Volume 419, Page 25, Real Property
Records, Denton County, Texas, as more particularly described in the ordinance, and
affecting lands located in the A. Hill Survey, Abstract No. 623, Denton County, Texas
and particularly described as Lot 1, Block A of Denton Station, Phase One, an addition to
the City of Denton, Denton County, Texas according to the plat recorded in Cabinet Y,
Page 740, Plat Records, Denton County, Texas, and Lot 2, Block A of Denton Station,
Phase One, an addition to the City of Denton, Denton County, Texas, according to the
plat recorded in Cabinet W, Page 463, Plat Records, Denton County Texas and located
approximately within the 1400 block of Centre Place Drive, Denton, Texas upon the
terms and conditions provided in the Agreement; authorizing the City Manager to
execute an Abandonment and Release of Easements ("The Release"), upon the terms and
conditions provided by the Agreement; and declaring an effective date.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointment of board members for Tax Increment Financing Zone
Number One (Downtown TIF).
Linda Ratliff, Director of Economic Development, stated that seven members were appointed to
the Tax Increment Financing Zone Number One in February of last year. Members drew lots at
their first meeting to determine who would have one and two year terms. Three positions were
currently eligible for reappointment; Pete Kamp, Bob Moses and Marty Rivers. All had agreed
to serve another term.
Council Member Watts motioned, Council Member Roden seconded to approve the nominations
of Pete Kamp, Bob Moses and Marty Rivers. On roll call vote: Council Member King, Council
Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem
Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Resolution R2012-008
B. Consider approval of a resolution creating a special Citizens Bond Advisory
Committee for the proposed 2012 street bond election; establishing a charge for
the Committee; and declaring an effective date.
Bryan Langley, Chief Finance Officer, stated that he would be presenting Items B and C
together. He reviewed the reason for the formation of the Bond Committee and the need for the
bond program for street maintenance. The resolution would create the committee and establish
the charge of the committee. It would also charge the committee regarding the public art
provision for the bond issuance. Council had been provided a revised resolution regarding the
committee selecting a chair from either Marty Rivers or Tim Crouch.
Council Member Watts questioned if the charge for the art provision would be just for this
issuance of bonds.
Langley stated correct.
City of Denton City Council Minutes
April 3, 2012
Page 14
Council Member Gregory motioned, Council Member King seconded to approve the resolution
as amended. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council
Member Roden – “aye”. Motion carried unanimously.
C. Consider appointments to the Citizen Advisory Committee for the proposed
2012 Bond Election.
Bryan Langley, Chief Finance Officer, stated that the Council had been provided a list of
committee appointments.
Council Member Watts appointed Jo Williams to the committee.
Council Member Roden questioned if someone had to leave the committee would there be a
substitute for that member or just have a vacancy.
Langley stated the committee would discuss that if the situation came up.
Council Member King motioned, Council Member Watts seconded to approve the appointments
with the addition of Ms. Williams. On roll call vote: Council Member King, Council Member
Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor
Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Ordinance No. 2012-070
D. Consider adoption of an ordinance considering all matters incident and related to
the issuance, sale and delivery of up to $49,325,000 in principal amount of "City
of Denton Certificates of Obligation, Series 2012" (including up to $4,900,000
for General Government activities, up to $6,070,000 for Solid Waste Fund
activities, and up to $38,355,000 for Electric, Water, and Wastewater Fund
activities); authorizing the issuance of the Certificates; delegating the authority
to certain City officials to execute certain documents relating to the sale of the
Certificates; approving and authorizing instruments and procedures relating to
said Certificates; and enacting other provisions relating to the subject.
Bryan Langley, Chief Finance Officer, presented information for Items D and E. He indicated
that on February 21, 2012, Council adopted Ordinance No. 2012-042 and 2012-043 directing the
publication of a Notice of Intention to issue Certificates of Obligation for General Government,
Solid Waste, Water, Wastewater, and Electric System projects. Staff was recommending the
selling of Certificates of Obligation instead of utility refunding bonds as it would save $2.5
million over the life of the debt.
Item 4E dealt with General Obligation Refunding and Improvement bonds. The funded items
represented the projects approved by the voters in the 2005 Bond Election and to refund existing
debt. This would provide significant savings over the life of the debt.
City of Denton City Council Minutes
April 3, 2012
Page 15
Staff was requesting a negotiated parameter sale. City staff would be authorized to execute the
sale without additional Council approval provided that the net effective interest rate on the bond
was less than 4%. Four underwriting firms had been selected to assist in the sale of the
securities. Exact pricing would be provided at a future meeting.
Mayor Burroughs noted that one item for the Certificates of Obligation was automated meter
reading. Council had a prior discussion regarding the automated readers and he questioned the
future capacity that would allow for the $2.5 million.
Phil Williams, General Manager-DME, stated that currently 10,000 meters had been replaced
and it would take the next year and a half to replace the rest of the meters.
Council Member Watts motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member
Roden – “aye”. Motion carried unanimously.
Ordinance No. 2012-071
E. Consider adoption of an ordinance considering all matters incident and related to
the issuance, sale and delivery of up to $42,000,000 in principal amount of "City
of Denton General Obligation Refunding and Improvement Bonds, Series 2012";
authorizing the issuance of the Bonds; delegating the authority to certain City
officials to execute certain documents relating to the sale of the Bonds;
approving and authorizing instruments and procedures relating to said Bonds;
and enacting other provisions relating to the subject.
This item was discussed with Item D.
Council Member King motioned, Council Member Roden seconded to adopt the ordinance. On
roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member
Roden – “aye”. Motion carried unanimously.
5. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B.Receive citizen reports from the following:
1) Bob Clifton regarding City Elections (2nd Edition).
Mr. Clifton was not present at the meeting.
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
City of Denton City Council Minutes
April 3, 2012
Page 16
recitation of policy, or accept a proposal to place the matter on the agenda for an
upcoming meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
Council Member Watts suggested a Work Session item regarding a dialog for a type of structure
for development issues for better efficiency in the development process and flexibility in the
process.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Mayor Burroughs noted that Council would be continuing 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 Session items.
Council went into back into Closed Session at 7:32 p.m. to discuss the following:
B. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
1. Receive a briefing from staff, discuss, deliberate and provide staff with
direction regarding the established route for the Denton Municipal Electric
Northeast Denton Transmission Line Re-Build Project in the City of
Denton, Texas specifically running from the King's Row Substation to the
Denton North Interchange pertaining to the value, location, acquisition or
condemnation of tracts of real property situated in the D. Culp Survey,
Abstract No. 287; the J. Coltart Survey, Abstract No. 288; the H. Williams
Survey, Abstract No. 1417; the S. McCracken Survey, Abstract No. 817;
the V. Gailor Survey, Abstract No. 452; and the T. Toby Survey, Abstract
No. 1288; receive a consultation from the City's attorneys regarding the
same, where a public discussion of these legal matters would conflict with
the duty of the City's attorneys to the City Council under the Texas Rules
City of Denton City Council Minutes
April 3, 2012
Page 17
of Professional Conduct of the State Bar of Texas.
2. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the M.E.P. & P.R.R. Co. Survey, Abstract No. 927,
Denton County, Texas, and located generally in the 300 Block of North
Mayhill Road, the 1000 Block South Mayhill Road, and the 1300 Block
South Mayhill Road, all within the City of Denton, Texas. Consultation
with the City's attorneys regarding legal issues associated with the
potential acquisition of the real property described above where a public
discussion of these legal matters would conflict with the duty of the City's
attorneys to the City of Denton and the Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, or would jeopardize the City's legal position in any administrative
proceeding or potential litigation.
The Council went back into Open Session at 8:30 p.m. and with no further business the meeting
was adjourned.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS