August 07, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
August 7, 2012
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, August 7, 2012 at 3:00 p.m. in the Council Work
Session Room at City Hall.
PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht,
Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden
ABSENT: Council Member King
1. Citizen Comments on Consent Agenda Items
There were no comments from citizens on the Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for August 7, 2012.
Mayor Burroughs pulled Consent Agenda Item 3G for separate consideration due to a conflict of
interest.
Council Member Roden questioned if the contract for Consent Agenda Item 3F was different
from the contract done last year. He felt this new contract dealt with the determination of
possible routes.
Phil Williams, DME General Manager, stated that the contract last year dealt with obtaining land
rights while this new contract dealt with determining a route.
Council Member Roden asked if the contract would remain open until all the processes were in
place.
Williams replied correct.
Council Member Gregory stated that only two public meetings were anticipated. Depending on
the route, could there be an amendment to the contract if more meetings were needed.
Williams stated that the contract could be amended if needed.
Council Member Gregory asked about the purchase of the property associated with Consent
Agenda Item K.
Williams stated that originally only an easement was wanted but staff determined that the entire
site could be used for a future substation site.
Mayor Pro Tem Kamp asked if Consent Agenda Item D was an amendment to the current
agreement.
City Manager Campbell stated that it was approval of the agreement discussed earlier.
3. Receive a report, hold a discussion, and give staff direction to commence the update of
the Denton Comprehensive Plan with the consultant, Wallace, Roberts, and Todd, LLC,
City of Denton City Council Minutes
August 7, 2012
Page 2
to perform the services and fulfill their contractual obligations, terms and conditions.
Brian Lockley, Development Review Committee Administrator, stated that Thursday night
would be the start of the comprehensive plan update. A public meeting would be held at the
Center for Visual Arts with the public invited to attend to find out information about the update.
It was thought that the activities would last about 18 months with the public invited to participate
all throughout the process. A citizen committee would be developed to assist with the process.
John Fernsler, Wallace, Roberts and Todd, presented information on the various aspects of the
team members. A comprehensive plan overview consisted of what was a comprehensive plan
and why was an update needed. The planning process had 5 distinct phases. The first phase was
project organization and mobilization. Phase 2 dealt with issues identification, existing
conditions and trends. Phase 3 dealt with framing the vision, Phase 4 dealt with the
comprehensive plan development and Phase 5 considered the draft and final plan review with
revisions for the final plan adoption. He indicated that the following were key players in the
involvement of the update: Denton citizens, Denton City Council, the Planning & Zoning
Commission, Denton Planning Department, other city Departments/Technical Advisory
Committee, community stakeholders, and the Planning Consultant Team.
Roles and Responsibilities included developing a community stakeholders/citizens advisory
committee that would act in an advisory role to Council, representing a broad community
interest, modeling community consensus, encouraging others to participate, promoting citizen
ownership to ensure buy-in. He also reviewed the qualities of an effective citizen advisory
committee as well as the consultant team’s roles and responsibilities.
In terms of getting to success and what was wanted to achieve with the Denton 2030 plan these
issues were important: a vision statement that reflected community's values, an economically
viable Preferred Growth Concept that could realize the visions, an effective implementation
strategy to guide decision making and performance measures to monitor implementation
programs.
Nancy Templeton, Wallace, Roberts and Todd, reviewed the public engagement objectives and
the strategies for public engagement. The next step would be to retain and build on the Denton
Plan Principles Vision Statement. She reviewed requisites for implementation which would
incorporate flexibility, monitoring and feedback. Measuring progress would be done with an
annual report, a five-year evaluation, and indicators for success and growth tracking.
Council Member Gregory questioned what measure would be used to measure success.
Fernsler stated that they would not be using a percentage number. The critical objective would
involve where people lived, what was their interest, etc.
Council Member Roden asked if the citizen committee would be using any of the city’s boards
and commissions to help with the recommendations.
Fernsler stated that they could be used as a sounding board to help with the assignments. Staff
would be bringing back in the near future, the criteria on selection of members, whether to use
board and commission members and the number of members.
City of Denton City Council Minutes
August 7, 2012
Page 3
Mayor Burroughs stated that he was interested in a preferred growth plan as there were differing
definitions on growth.
Lockley stated that they had already outreached to neighboring communities and regional places.
With the preferred growth model staff would look at existing assets, determine if there was a
need to make any changes and determine how much change was needed.
Mayor Pro Tem Kamp asked about sustainability and how it would look with this process.
Lockley stated that several items would be incorporated and sustainability would be an element
of the plan.
4. Receive a report, hold a discussion, and give staff direction regarding amending
Subchapter 35.12 of the Denton Development Code regarding allowing accessory
structures to be located in the side yards of kindergarten, elementary, middle and high
schools. The Planning and Zoning Commission recommends approval (7-0).
Mark Cunningham, Director of Planning and Development, stated that several months ago
Council discussed allowing an accessory structure for the Denton City County Day School. He
reviewed the current code requirements which prohibited accessory structures in front or side
yards. A proposed amendment to Code would allow such structures in the side yards to include
kindergarten, elementary, middle, and high schools. Staff was also proposing conditions that
were intended to mitigate potential negative impacts that may result from this amendment.
Mayor Burroughs asked about lot coverage usage and the effect if the structure was not
impervious. If nothing was underneath the structure such as a concrete slab would that disallow
the structure?
Cunningham stated that if the area were pervious, the regulations would not apply.
Council Member Watts left the meeting.
Cunningham stated that staff was recommending a cap on residential use so as to not allow a
structure was that too large for the lot. The cap would not apply for a residential lot with an
agriculture exemption use.
Mayor Burroughs felt that the lot size should be considered as some areas of city had significant
pieces of property that might want to put an accessory structure on it.
Cunningham stated that they recognized that and were trying to be mindful of where such an
amendment might create a violation of the Code. He felt there would be an allowance for some
type of variance as there was no way to encompass every scenario that might happen.
Council Member Engelbrecht stated that the Planning and Zoning Commission discussion felt
that an option to go to the Zoning Board of Adjustment was needed in the ordinance.
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August 7, 2012
Page 4
Cunningham stated that was not specifically called out in the proposed language but would be
placed in the ordinance later. The current proposed language was trying to get the Code
amendment completed for the City County Day School.
Council Member Engelbrecht stated that the agenda notice did not have any mention regarding
the residential areas.
Cunningham stated that #2 of the proposals could be excluded from the ordinance.
City Attorney Burgess stated that removing #2 would solve the problem regarding the notice and
would allow Council to proceed for the day school problem.
Council Member Roden stated that the wording did not address preschool.
City Attorney Burgess stated that language could be included for a preschool if desired.
Cunningham stated that currently there was no definition for preschool in the Denton
Development Code. It was felt that the definition was broad enough to that situation.
Consensus of the Council was to move forward with the ordinance removing #2 portion of the
proposal.
5. Receive a report, hold a discussion and give staff direction regarding Board and
Commission nominations, ad hoc committee nominations, and council committee
nominations.
Jennifer Walters, City Secretary, presented Council with the positions on the boards and
commissions that were eligible for nominations. She noted that the nominations presented at the
meeting would be considered at the Regular Meeting this evening.
Council provided the nominations they had ready for consideration at this meeting.
Council also discussed Council committees and any suggested changes to the membership of
those committees.
Council Member Roden noted that he would like to serve on the Committee on the Environment.
He had spoken with Council Member Watts who did not have any objections to the change.
Mayor Pro Tem Kamp indicated that Council Member Engelbrecht would like to serve on the
Convention and Visitors Bureau. She did not have an objection to the change.
6. Receive a report, hold a discussion, and give staff direction regarding the FY 2012-13
Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
Council did not have any questions or comments regarding the budget.
City of Denton City Council Minutes
August 7, 2012
Page 5
Following the completion of the Work Session, the Council convened in a Closed Session to
discuss the following:
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1.Consult with the City's attorneys regarding the present status of pending
litigation styled: The City of Denton, Texas v. The University of North
Texas, Cause No. 2008-20043-158, now pending before the 158th Judicial
District Court of Denton County, Texas, having been remanded to the trial
court by the Fort Worth Court of Appeals for further proceedings; 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.
2.Consult with the City's attorneys regarding the status and possible
resolution of pending litigation styled Steen v. Langford, et al., Cause No.
CV-2010-00528, now pending before the County Court at Law #2,
Denton County, Texas; and discuss, deliberate and provide the City's
attorneys with direction and any recommendations regarding such legal
matter. A public discussion of this legal matter would conflict with the
duty of the City's Attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
B.Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071; Deliberations regarding Certain Public Power Utilities Competitive
Matters - Under Texas Government Code Section 551.086.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition of fee lands for public purposes
situated in the T.M. Downing Survey, Abstract Number 346, the M.E.P. &
P.R.R. Company, Abstract Number 927, and the M.E.P. & P.R.R.
Company, Abstract Number 1475, all in the City of Denton, Denton
County, Texas; and 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 City of Denton and
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.
C.Deliberations regarding Personnel Matters - Under Texas Government Code
Section 551.074.
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August 7, 2012
Page 6
1.Deliberate and discuss the appointment and duties of public officers to
boards or commissions exercising discretionary or rule making power as
opposed to purely advisory powers, which includes without limitation the
Health and Building Standards Commission, the Historic Landmark
Commission, the Planning and Zoning Commission, and the Zoning
Board of Adjustment.
D.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.
E.Consultation with Attorney - Under Texas Government Code Section 551.071;
Deliberations regarding Economic Development Negotiations - Under Texas
Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters
regarding the leasing of land and financing of a City facility on University
of North Texas property located at I-35 and North Texas Boulevard where
such discussion presents a conflict between the duty of the City's attorneys
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.
Also hold a discussion regarding the leasing of land and financing of a
City facility on University of North Texas property located at I-35 and
North Texas Boulevard, including financial information related to such
activities from a business prospect.
F.Consultation with Attorneys - Under Texas Government Code, Section 551.071;
Deliberations regarding Real Property - Under Texas Government Code, Section
551.072.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located (1) in the O.S. Brewster Survey, Abstract No. 56, located
generally in the 1700 block of South Bonnie Brae Street; and (2) in the
James Edmonson Survey, Abstract No. 400, Denton County, Texas,
located generally in the 3100 Block of South Bonnie Brae Street, all
property interests within the City of Denton, Texas. Consultation with the
City's attorneys regarding legal issues associated with the potential
acquisition of the real property interests described above where a public
City of Denton City Council Minutes
August 7, 2012
Page 7
discussion of these legal matters would conflict with the duty of the City's
attorneys to the City of Denton and the 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.
2. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located (1) in the M.E.P. & P. R.R. Co. Survey, Abstract No.
1469, located generally in the 1500 block of North Mayhill Road; and (2)
in the M.E.P. & P. R.R. Co. Survey, Abstract No. 927, located generally
in the 1000, 1100 and 1200 blocks of South Mayhill Road, all property
interests within the City of Denton, Texas. Consultation with the City's
attorneys regarding legal issues associated with the potential acquisition of
the real property interests 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 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.
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
There were no proclamations/presentations for this meeting.
3. CONSENT AGENDA
Mayor Burroughs noted that Item G would be pulled for separate consideration.
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item G. On roll call
vote: Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor
Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Approved the re-appointment as noted below.
A. Consider the re-appointment by the City Manager of Paul Abbott to the Civil
Service Commission.
City of Denton City Council Minutes
August 7, 2012
Page 8
Resolution No. 2012-022
B. Consider approval of a resolution allowing the Denton Black Chamber of
Commerce to be the sole participant allowed to sell alcoholic beverages at the
Blues Festival on September 15 - 16, 2012, 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 (4-0).
Approved the noise exception listed below.
C. Consider a request for an exception to the Noise Ordinance for the purpose of the
14th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of
Commerce. The event will be held in Quakertown Park on Saturday, September
15, 2012, from 1:00 p.m. to 10:30 p.m. and Sunday, September 16, 2012, from
1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of
operation for amplified sound on Saturday from 10:00 p.m. until 10:30 p.m. and
for amplified sound on Sunday. The amplified sound will not go above the
allowable 70 decibels for an outdoor concert.
Ordinance No. 2012-157
D. Consider adoption of an ordinance of the City of Denton, Texas approving a First
Amendment to the Meet and Confer Agreement between the City of Denton and
the Denton Firefighters Association and providing an effective date.
Ordinance No. 2012-158
E.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract with the Houston-Galveston Area
Council of Governments (H-GAC) Contract FS12-11 for the acquisition of a
Pierce Velocity Custom Pumper Truck EP/357 for the City of Denton Fire
Department; and providing an effective date (File 4992 - Pumper Truck for Fire
Department awarded to Siddons-Martin Emergency Group in the amount of
$543,503).
Ordinance No. 2012-159
F.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement by and between the
City of Denton, Texas and POWER Engineers, Inc. for Electric Design and
Engineering Services pertaining to a Transmission Line Routing Study and
Environmental Assessment Study for Reconstruction of the Hickory Substation to
Locust Substation Transmission Line for Denton Municipal Electric; authorizing
the expenditure of funds therefor; and providing an effective date (File 4995 in an
amount not-to-exceed $215,515). The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2012-161
H.Consider adoption of an ordinance accepting competitive bids and awarding a
Four Year Contract for the purchase of Electric Polyvinyl Chloride (PVC)
Conduit, Fittings and Accessories for Denton Municipal Electric; providing for
the expenditure of funds therefor; and providing an effective date (Bid 4976 -
City of Denton City Council Minutes
August 7, 2012
Page 9
Four Year Contract for Electric PVC Conduit, Fittings and Accessories awarded
to the overall lowest responsible bidder meeting specification Techline, Inc. for
an annual estimated expenditure of $165,000 and a four year estimated total of
$660,000).
Ordinance No. 2012-162
I. Consider adoption of an ordinance accepting sealed proposals and awarding a
contract for Mowing Services for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (RFP 4942 -
Annual Contract for Mowing Services awarded to the best valued proposer for
each section for an annual estimated expenditure of $268,982.00).
Ordinance No. 2012-163
J. Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute a water main pro-rata reimbursement
agreement between the City of Denton, Texas and Mary Bess Miller for
reimbursement of the costs of building a water main, through pro-rata charges
paid to the city; authorizing the transfer of funds pursuant to the agreement; and
providing an effective date. The Public Utilities Board recommends approval (5-
0).
Ordinance No. 2012-164
K. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire fee simple to a 3.480 acre tract located in the M.E.P. and P.R.R. Co.
Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance, located generally
in the 2500 block of East McKinney Street (the "Property Interests"), for the
Public use of expanding and improving electric utilities; authorizing the City
Manager or his designee to make an offer to Gary Dennis Dillard, to purchase the
Property Interests for the purchase price of Three Hundred Twenty Six Thousand,
Two Hundred Eight Dollars and No Cents ($326,208.00), and other
consideration, as prescribed in the Contract of Sale (the "Contract"), as attached
thereto and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; authorizing relocation expenditures; repealing prior ordinance
related to offer to purchase an easement from Owner (2012-079); and providing
an effective date. (69kV Transmission Line Rebuild Project - Parcel P7)
Ordinance No. 2012-165
L. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a professional services agreement (PSA) with Teague, Nall, and
Perkins, Inc. for engineering services relating to the Downtown Master Drainage
Plan; and providing for an effective date (RFQ 4935 - awarded to Teague, Nall,
and Perkins, Inc. in the amount of $103,900).
Ordinance No. 2012-166
M. Consider adoption of an ordinance authorizing the execution of a Purchase
Agreement (herein so called), by and between John Staples Shockley, as
Independent Executor of the Estate of Eliza T. Shockley, deceased, as owner, and
City of Denton City Council Minutes
August 7, 2012
Page 10
the City of Denton, Texas, as buyer, regarding the sale and purchase of (i) fee
simple to a 0.74 acre tract; (ii) a utility and slope easement encumbering a 0.13
acre tract; (iii) a slope easement encumbering a 0.01 acre tract; and (iv) a
temporary construction, grading and access easement encumbering a 0.01 acre
tract, all tracts located in the A. Tompkins Survey, Abstract No. 1246, City of
Denton, Denton County, Texas, as more particularly described in the Purchase
Agreement, located generally in the 1800 block of South Bonnie Brae Street (the
"Property Interests"), for the public use of expanding and improving Bonnie Brae
Street, a municipal street and roadway, for the purchase price of One Hundred
Sixty One Thousand, Nine Hundred Seven Dollars and No Cents ($161,907.00),
and other consideration, as prescribed in the Purchase Agreement; authorizing the
expenditure of funds therefor; and providing an effective date.
Ordinance No. 2012-167
N. Consider adoption of an ordinance authorizing the execution of a Purchase
Agreement (herein so called), by and between Jean M.G. Tunnell, formerly
known as Jean M. Goodson, as owner, and the City of Denton, Texas, as buyer,
regarding the sale and purchase of (i) fee simple to a 0.08 acre tract; (ii) a utility
and drainage easement encumbering a 0.04 acre tract; and (iii) a drainage
easement encumbering a 0.27 acre tract, all situated in the O.S. Brewster Survey,
Abstract Number 56, City of Denton, Denton County, Texas, as more particularly
described on Exhibit "A" to the Purchase Agreement, located generally in the
2200 block of South Bonnie Brae Street (the "Property Interests"), for the public
use of expanding and improving Bonnie Brae Street, a municipal street and
roadway, for the purchase price of Three Thousand Nine Hundred Seventeen
Dollars and No Cents ($3,917.00), and other consideration, as prescribed in the
Purchase Agreement; authorizing the expenditure of funds therefor; and
providing an effective date.
Ordinance No. 2012-168
O. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire (i) a utility and slope easement encumbering a 0.02 acre tract and a
0.03 acre tract, and (ii) a temporary construction, grading and access easement,
encumbering a 0.06 acre tract and a 0.02 acre tract, all tracts located in the City of
Denton, Denton County, Texas, and situated in the O.S. Brewster Survey,
Abstract Number 56, City of Denton, Denton County, Texas, as more particularly
described on Exhibit "A" attached to the ordinance located generally in the 1700
block of South Bonnie Brae Street (the "Property Interests"), for the public use of
expanding and improving Bonnie Brae Street, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to Bettye L.
Martin to purchase the Property Interests for the purchase price of Seven
Thousand Sixty Nine Dollars and No Cents ($7,069.00), and other consideration,
as prescribed in the Easement Purchase Agreement (the "Agreement"), as
attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the
expenditure of funds therefor; and providing an effective date.
City of Denton City Council Minutes
August 7, 2012
Page 11
Ordinance No. 2012-169
P. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire (i) fee simple to a 7.36 acre tract; (ii) a slope easement encumbering
0.33 acres; (iii) a drainage easement encumbering 1.35 acres; and (iv) a
temporary construction, grading and access easement encumbering 0.03 acres, all
lands located in Denton County, Texas, and situated in the James Edmonson
Survey, Abstract Number 400, as more particularly described on Exhibit "A",
attached to the ordinance, located generally in the 3100 block of South Bonnie
Brae Street (the "Property Interests"), for the public use of expanding and
improving Bonnie Brae Street, a municipal street and roadway; authorizing the
City Manager or his designee to make an offer to Jack Arlyn Parkes and wife,
Betty Parkes to purchase the Property Interests for the purchase price of Two
Hundred Fifty Five Thousand One Hundred Sixteen Dollars and No Cents
($255,116.00), and other consideration, as prescribed in the Purchase Agreement
(the "Agreement"), as attached to the ordinance and made a part thereof as
Exhibit "B"; authorizing the expenditure of funds therefor; and providing an
effective date.
Ordinance No. 2012-170
Q. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire (i) fee simple to a 0.216 acre tract; and (ii) a temporary construction,
grading and access easement, encumbering a 0.152 acre tract, all tracts located in
the M.E.P. & P.R.R. Co. Survey, Abstract Number 1469, City of Denton, Denton
County, Texas, as more particularly described on Exhibit "A", attached to the
ordinance, located generally in the 1500 block of North Mayhill Road (the
"Property Interests"), for the public use of expanding and improving Mayhill
Road, a municipal street and roadway; authorizing the City Manager or his
designee to make an offer to Jerry M. Kelsoe to purchase the Property Interests
for the purchase price of Two Hundred Ninety Nine Thousand Seven Hundred
Ninety Six Dollars and No Cents ($299,796.00), and other consideration, as
prescribed in the Purchase Agreement (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; authorizing relocation expenditures; and providing an effective
date.
Mayor Burroughs left the meeting with a conflict of interest.
Item G was considered.
Ordinance No. 2012-160
G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement with Sawko &
Burroughs, LLP, for professional services related to collection of delinquent taxes
on behalf of the City of Denton; and establishing an effective date.
Council Member Gregory questioned the collection rate in the past year for performance.
City of Denton City Council Minutes
August 7, 2012
Page 12
Bryan Langley, Chief Finance Officer, stated that the collection rate in the contract was 60% and
the firm had exceeded that amount to around 61-62%.
Council Member Engelbrecht motioned, Council Member Roden seconded to adopt the
ordinance. On roll call vote: Council Member Gregory, Council Member Engelbrecht, Mayor
Pro Tem Kamp, Council Member Roden – “aye”. Motion carried unanimously.
Mayor Burroughs returned to the meeting.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointments to Council committees.
City Manager Campbell stated that Council had discussed Council appointments to their
committees during the Work Session.
Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to approve the
appointments as noted during the Work Session. On roll call vote: Council Member Gregory,
Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member
Roden – “aye”. Motion carried unanimously.
B. Consider nominations/appointments to the City's Boards & Commissions.
Council considered the nominations presented during the Work Session for the following Boards
and Commissions:
1. Airport Advisory Board
2. Animal Shelter Advisory Committee
3. Community Development Advisory Committee
4. Health & Building Standards Commission
5. Historic Landmark Commission
6. Human Services Advisory Committee
7. Library Board
8. Parks, Recreation and Beautification Board
9. Planning and Zoning Commission
10. Public Art Committee
11. Public Utilities Board
12. Traffic Safety Commission
13. Zoning Board of Adjustment
Council Member Roden motioned, Mayor Pro Tem Kamp seconded to approve the nominations
as presented in the Work Session. On roll call vote: Council Member Gregory, Council Member
Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion
carried unanimously.
City of Denton City Council Minutes
August 7, 2012
Page 13
Resolution No. R2012-023
C. Consider approval of a resolution of the City Council of the City of Denton,
Texas placing a proposal on the September 11, 2012, City Council public
meeting agenda to adopt a 2012 Tax Rate that will exceed the lower of the
rollback rate or the effective tax rate; calling two public hearings on a tax
increase to be held on August 21, 2012, and August 28, 2012, and calling a
budget public hearing on the Fiscal Year 2012-13 Annual Program of Services
of the City of Denton to be held on August 21, 2012; requiring publication of a
notice of the public hearings in accordance with the law; requiring the posting of
the notice of the public hearings on a tax increase on the City's Internet website;
requiring the posting of the notice on the City's public access channel; and
providing an effective date.
Bryan Langley, Chief Financial Officer, presented the details of the item. The Texas Property
Code required taxing units to comply with specific guidelines in adopting tax rates. These were
known as truth-in-taxation guidelines. The Tax Code mandated the rates be published in several
notices and the holding of several hearings. The rates were published in Denton Record-
Chronicle. The proposed tax rate was the same rate as the current tax rate. Although there was
no tax rate increase proposed the proposed rate was higher than the calculated effective tax rate
st
thus triggering the need for certain notices. Public hearings would be held on August 21 and
thth
28 with a final vote on the tax rate on September 11. Per the Charter and Local Government
th
Code a public hearing on the budget would also be held on September 11.
Mayor Burroughs noted that the proposal was not changing the tax rate and due to the fact that
the average homeowner appraised values were slightly less, the overall impact meant the
homeowner would pay slightly less.
Langley stated that was correct and that information would be included in the notice.
Council Member Gregory motioned, Council Member Engelbrecht seconded to approve the
resolution. On roll call vote: Council Member Gregory, Council Member Engelbrecht, Mayor
Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried
unanimously.
Ordinance No. 2012-171
D. Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute an agreement among and between the
City of Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas and
the City of Greenville, Texas regarding prepayment of fixed cost power
purchase payments to be paid to the Texas Municipal Power agency; and
providing an effective date. The Public Utilities Board recommends approval (6-
0).
Phil Williams, DME General Manager, presented the details of the proposal. He stated that in
the past when member cities of TMPA wanted to change TMPA’s debt structure, they had to act
together, executing a single transaction allocated by ownership share. As each city had differing
financial needs, it was difficult to find a single transaction which met every city’s needs. TMPA
City of Denton City Council Minutes
August 7, 2012
Page 14
staff, working with the member city utility directors, developed a mechanism to let each city
manage their portion of TMPA’s debt service individually, without impacting the other cities.
This was done through the use of escrow accounts. An agreement between the member cities
was required to allow the use of the escrow accounts. Only Greenville was planning a 2013
transaction at this time.
Council Member Engelbrecht motioned, Council Member Roden seconded to adopt the
ordinance. On roll call vote: Council Member Gregory, Council Member Engelbrecht, Mayor
Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried
unanimously.
5. PUBLIC HEARINGS
A. Hold a public hearing concerning the proposed $20.4 million Bond Election to
be held on November 6, 2012, and project recommendations developed by the
Citizens Bond Advisory Committee.
Bryan Langley, Chief Financial Officer, presented information on the bond election. He stated
that to address the quality of streets in Denton, Council had been discussing the holding a bond
election in November. The Council created a Citizens Bond Advisory Committee to provide
recommendations on projects to be financed with General Obligation bonds. The Committee
focused on street conditions that had an Overall Condition Index value of 40 or less and initiated
a public information campaign in May for public input on which streets to consider. A public art
component was included in the bond issuance which the Bond Committee endorsed. The bond
sale would be $20 million for streets and $400,000 for public art with no tax rate increase
associated with the bond program. The ordinance calling the election would be considered at the
th
August 14 meeting. This meeting provided another opportunity for citizen comment on the
bond program.
The Mayor opened the public hearing.
Stuart Morehead, 1335 Ruidosa Court, Denton, 76205 felt that art was important to the culture of
Denton. A 2006 resolution put public art in with any bond proposition. He felt that the public
art component could be presented to citizens in several ways. It could be a single item for streets
bundled with art or a single proposition for streets and a single proposition for arts. He was
concerned if the two were bundled together people not interested in art would vote down the
funds for the streets repairs. He recommended the funding be a separate line item on the ballot to
vote separately for the street package and separately for art. That would eliminate the possibility
of a vote against streets because the art component was not understood.
The Mayor closed the public hearing.
Council Member Gregory stated that he was out of town for the last meeting when Tim Crouch
presented information from the Bond Committee. He wondered if Mr. Crouch had anything to
add regarding the ballot wording.
Mayor Burroughs stated that Mr. Crouch could speak to Council if Council so desired.
City of Denton City Council Minutes
August 7, 2012
Page 15
Consensus of the Council was to hear from Mr. Crouch.
Tim Crouch, Co-Chair of the Bond Committee, stated that the Committee looked very seriously
at two propositions and was unanimous in its vote with no negative discussion regarding a single
proposition.
Council Member Roden asked if there was any sense of strategy involved with one proposition.
Crouch stated that the consensus was that if public art was not streets related it would need to be
a separate proposition but when the Public Art Committee proposed that the public art be tied to
streets, it was acceptable for one proposition. If the Art Committee had wanted something else
then there would have been a recommendation for two separate propositions.
Council Member Roden asked if the vote for a final decision would be a public hearing.
City Attorney Burgess stated the item was scheduled for the 14th as an action item depending on
what council directed for ballot wording.
Council Member Roden stated if there was a need for further Council discussion on the issue
regarding one versus two propositions, the time for that discussion was now.
City Attorney Burgess stated that staff might have drafts in both fashions if Council decided to
change direction.
Mayor Burroughs suggested that the language be such to have up to $400,000 for public art in
case funds were received from other entities to help with the project.
Council Member Engelbrecht stated that public art was being suggested to be placed on
roadways and embellishments for the over/under passes on I35. Those served a purpose for
potential tourists to help with the image of the City along entryways to the City.
Mayor Pro Tem Kamp stated that $400,000 was not the complete cost for the enhancements.
There would be cost sharing with TxDOT and possibly other entities. This would be seed money
to get more projects for the dollars.
Council Member Gregory questioned what would be allowable and what would not be allowable
for employee participation in the bond election and questioned the Council role in the bond
election. He asked for information on what was appropriate and what was inappropriate for
Council’s ethical responsibilities.
No action was required by Council on this item.
Ordinance No. 2012-172
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding amending Subchapter 35.12 of the Denton
Development Code regarding allowing accessory structures to be located in the
side yards of kindergarten, elementary, middle and high schools; and providing
City of Denton City Council Minutes
August 7, 2012
Page 16
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 (7-0).
Mark Cunningham, Director of Planning and Development, presented the details regarding the
proposal. There had been a question regarding the content of the listing and posting on the
agenda. The ordinance had been amended to be consistent with the public hearing and he would
address only those items appropriate for the public hearing. The proposal was to amend the
Denton Development Code regarding accessory structure to allow those structures to be placed
in side yards for certain types of schools. The Denton City County Day School wanted to erect a
canopy over an existing slab for shade on the playground. Due to the definition of accessory
structure in the Code, they could not have one in the side yard except for certain conditions. The
proposal was to amend the Code to allow accessory structures on kindergarten, elementary,
middle or high school property in side yards. A setback to be in compliance with the zoning
district’s minimum side yard setback requirement would also be added. The other items
discussed in the Council’s Work Session would not be considered at this meeting in order to
maintain the posting requirements.
Mayor Burroughs noted that the exhibit attached to the ordinance needed a wording change to
state a side yard that was adjacent to a street.
City Attorney Burgess stated that the wording would be changed to “that is adjacent to a street”.
The Mayor opened the public hearing.
Amber Briggle noted that the Denton City County Day School was not a kindergarten.
Mayor Burroughs stated that the Day School qualified under the umbrella of the definition
provided in the Code.
The Mayor closed the public hearing.
Council Member Engelbrecht motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance
as amended with the ordinance and exhibit A to read as noted by City Attorney Burgess. On roll
call vote: Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp,
Mayor Burroughs, Council Member Roden – “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
City of Denton City Council Minutes
August 7, 2012
Page 17
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.
Mayor Burroughs presented information relative to a trip with UNT representative and Peterbilt
to visit a city which had requested a possible sister city connection with Denton. That city had
requested that the Mayor attend with the other representatives.
Council Member Gregory noted the Open House Thursday for the Comprehensive Plan kickoff.
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.
With no further business, the meeting was adjourned at 7:49 p.m.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS