February 14, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
February 14, 2012
After determining in Special Called Open Session that a quorum was present, the City Council of
the City of Denton, Texas convened in a Special Called Closed Session on Tuesday,
.
February 14, 2012 at 4:05 p.m in the City Council Work Session Room at City Hall.
PRESENT: Mayor Mark Burroughs, Mayor Pro Tem Pete Kamp, Council Member
Engelbrecht, Council Member Gregory, Council Member King, Council Member
Roden, Council Member Watts.
ABSENT: None.
1. Receive a report and hold a discussion concerning the City of Denton Brownfield grant.
Kenny Banks, Director of Environmental Services and Sustainability, stated that the City
received its first Brownfield Cleanup grant on July 23, 2009. Banks introduced Frank Clark with
W&M Environmental Group, who the City had contracted with to develop a cleanup plan for the
site.
Mr. Clark stated that the City had acquired the property for a Transit Park Project in January
2008. The site was a 1.9 acre tract located at the southeast corner of Exposition and Hickory
Streets. He briefed the Council regarding the site history. Previous uses of the site included a
tool and machinery manufacturer, machine shop, steel fabricator, industrial constructor,
automobile and motor repair shops, and a small body shop. Environmental issues were identified
which included storage areas for paints, cutting oils, and cleaning solvents; a paint booth;
exposed areas behind the main structure. Chemicals of concern included organic compounds
(paints, cleaning solvents, and oils), petroleum hydrocarbons, polyaromatic hydrocarbons, and
heavy metals. Initial investigations included a Phase I ESA and a limited Phase II assessment
that indicated lead and arsenic concentrations in shallow groundwater that were slightly above
drinking water protective concentration levels. However, the study indicated that these metals
did not appear to originate from site activities, and might have been either naturally occurring or
due to disturbances in the site’s groundwater monitoring wells during the sampling process.
Clark stated that the grant provided funds to remove 540 square feet of asbestos floor tiles
located in one of the three buildings on the site and to hire an environmental consultant to
perform all actions needed to obtain a Certificate of Completion for the site through the Texas
Commission on Environmental Quality’s Voluntary Cleanup Program for the groundwater
concerns.
The Brownfield Site Assessment results included – 10 shallow soil borings in source areas;
installed one additional well; sampled all three wells; groundwater was clean; soil samples
contained elevated metals. Results included no organic or hydrocarbon contamination in soil or
groundwater. Metals were found in the soil but had not affected the groundwater. A Municipal
Setting Designation was no longer necessary with the updated groundwater data from TCEQ.
Staff developed site-specific cleanup targets for soils using TCEQ-approved procedures. Staff
submitted the Affected Property Assessment Report (APAR) documenting site conditions to
TCEQ. The City received the Certificate of Closure from the TCEQ on November 15, 2011.
2. Receive a report, hold a discussion, and give staff direction regarding the provision of on-
site recycling programs for multi-family residential communities, and the solid waste and
recycling services offered.
City of Denton City Council Agenda
February 14, 2012
Page 2
Shirlene Sitton, Recycling Manager, stated that recycling was one of the most accessible and
effective means of conserving resources and supporting the economy. Currently, the city-wide
recycling rate was at 32%. The multi-family population was 37% of Denton households and
42% of the Denton population. There were 17,500 units and 394 multi-family properties.
Denton had about 27,700 single-family homes. She stated that only five multi-family properties
had on-site dumpster recycling services.
The City had offered on-site recycling for multi-family communities and commercial businesses
since 2003. Multi-family properties were considered commercial accounts and waste was
collected via dumpster or compactor service. Buildings with four units or less were serviced
with trash and recycling carts. The City provided four multi-material Recycling Drop-Off
Centers intended for use by any resident or business that did not have on-site recycling, or to
supplement when the user had extra recycling materials.
Sitton stated that in Denton, on-site recycling for multi-family properties was voluntary, and
usually involved switching a current trash dumpster for a recycling dumpster to collect (mixed)
recycling (mixed paper, cardboard, boxboard, aluminum, steel, plastic and glass).
Denton currently assessed a fee for recycling programs to apartment residents. The monthly
$2.30 Multi-Family Household Chemical and Recycling Fee covered on-site Home Chemical
Collection for residents and supported residential recycling programs, including the four multi-
material recycling drop-off centers, and our public education and outreach programs, such as the
Sustainable Schools Program. The fee was charged directly to utilities customers (or property
management if “all bills paid”). The fee was not intended for and did not cover costs for on-site
recycling of recycling materials. Single-family households paid $5.15 per month for recycling
services. This fee included the same programs as above, plus the cost of curbside recycling.
Sitton stated that there were barriers to on-site recycling. There was no infrastructure. A large
portion of older multi-family communities had a dumpster on the curb or in the right-of-way or
in the street; not on the property as the current ordinances specified for any new development.
Adding dumpsters could mean setting them in a parking space or on a landscaped area.
Sometimes there were enclosures. Existing enclosures would not accommodate a second
container. Sometimes there was one trash compactor in an enclosure. Illegal dumping occurred
from both residents and non-residents; there was no way to identify the persons contaminating
the recycling. Management needed to check the dumpsters regularly and remove contaminants.
Another issue involved education. The high turn-over of both residents and management staff
made it difficult to keep an informed property population.
Sitton stated many multi-family communities had dumpsters located in the right-of-way or on the
curb; most were not screened. Denton had no permit or use fee for private use of public right-of-
way or easement for these dumpsters. Council had directed staff to reduce dumpsters in rights-
of-way, on curbs, and in the street through voluntary measures in 2006. Council might wish staff
to explore additional options to encourage property owners to make improvements to move these
dumpsters, such as a right-of-way license; or Solid Waste and Recycling to go ahead with
whatever container and location was necessary to deliver recycling service to these properties.
City of Denton City Council Agenda
February 14, 2012
Page 3
Sitton stated that staff was updating the Solid Waste Site Design Criteria Manual and Denton
Development Code requiring enclosures that would accommodate both trash and recycling in all
new developments to address many of the problems in future developments.
Sitton stated that in order to increase the access to recycling for multi-family residents, some
cities had adopted multi-family and/or commercial recycling ordinances that directed the
property owners to implement recycling programs, but these were few in number. Some cities
had tackled this issue by passing a large-scale initiative or plan for waste diversion, such as a
Zero Waste type initiative or large diversion goal that provided a more inclusive framework for
implementing new recycling programs. Sitton stated that the Council had established a 40%
overall diversion rate in its current Strategic Plan. The proposed Sustainability Plan suggested a
residential diversion rate of 60%, based on single-family programs, but staff could further
develop a framework of recommendations to reach and exceed this goal to include multi-family
residential. She stated that a copy of Austin’s 2011 Universal Recycling Ordinance which
addressed multi-family and business recycling (part of Zero-Waste Plan) was in the backup.
Also in the backup was a copy of San Antonio’s Multi-Family Recycling Ordinance.
The following options were discussed. 1) Leave the decision to provide on-site recycling at
multi-family communities up to the owners and/or property management and make no further
requirements. Staff currently offered this assistance to managers and offered proposals to
implement on site recycling. 2) Design an advertising/public information campaign to attract
those properties who chose to or who were able to implement on-site recycling in accordance
with meeting or exceeding City of Denton diversion goals. 3) Design and implement a new
requirement that multi-family management must offer recycling to residents on all properties to
meet or exceed the City of Denton’s waste diversion goals.
Sitton stated that staff recommended that multi-family properties offer on-site recycling for
residents. This plan should be developed carefully with input from stakeholders, and within a
framework plan for increasing all diversion programs to reach the City of Denton’s waste
diversion goals in the Strategic Plan and the Sustainability Plan.
The Council discussed the different options.
Mayor Burroughs asked if staff had inventoried all the multi-family sites so they could recognize
what the challenges were and what opportunities there were.
Council Member King suggested making it as easy as possible.
Council Member Watts stated that it should be sensible and flexible.
Council Member Engelbrecht encouraged them to look at some sort of incentive program.
Sitton stated that it would be a phased-in implementation – the focus would be the age of the
property rather than the size of the unit.
General Consensus of the Council was that an inventory of the properties would be helpful in
addressing the different categories.
The Council convened in closed session at 5:10 p.m.
City of Denton City Council Agenda
February 14, 2012
Page 4
A. Certain Public Power Utilities Competitive Matters – Under Texas Government Code
Section 551.086; Deliberations regarding Real Property – Under Texas Government
Code Section 551.072; Consultation with Attorneys – Under Texas Government Code
Section 551.071.
1) The Council received a presentation from staff, discussed, deliberated and
provided staff with direction regarding the establishment of a Combined Heat and
Power – Economic Development District (CHP-EDD) in the airport industrial
area of Denton, Texas, including the designation, boundaries, and limitations
upon activities regarding said proposed District, in the interest of providing
electric power; receive a presentation from staff, discuss, deliberate and provide
staff with direction regarding the acquisition of property and easements, and the
value thereof, related to the CHP-EDD; consulted with and provided direction to
the City’s attorneys regarding legal matters related to the CHP-EDD 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 of Professional Conduct of
the State Bar of Texas.
The Closed meeting adjourned at 5:30 p.m.
The Council reconvened in open session.
3. Receive a report and hold a discussion regarding the Combined Heat and Power –
Economic Development District (CHP–EDD) in the airport industrial area of Denton,
Texas.
Mike Grim, Executive Manager of Power Legislation & Regulatory Affairs, stated that Denton
had great assets, including land availability, proximity to DFW, central transportation corridor,
competitive electric rates, and its universities. With the creation of a CHP–EDD, the City would
be able to offer industries the benefits of CHP by providing steam, chilled water, and natural gas
giving Denton a vital competitive edge in attracting industrial businesses.
Grim stated that the Texas Senate passed Senate Bill 1230 which allowed the City of Denton to
designate a CHP-EDD – Combined Heat and Power Economic Development District. This
legislation also authorized the City to sell natural gas to industrial customers located in the
CHP-EDD.
The CHP–EDD was planned to have a 3-mile radius centered northeast of the Denton Airport
bordered on the north by University Drive and on the east by Interstate 35. At this time, DME
was presenting enabling language in the form of an ordinance creating the Denton CHP–EDD.
This ordinance also assigned the task to the Economic Development Partnership Board of
creating guidelines for incentives within the CHP–EDD to be presented to Council for approval
no later than July 1, 2012.
Grim stated that the next steps in the process included bring the ordinance to Council for
approval at the February 21 City Council meeting and a signing ceremony on February 22 at the
Airport.
City of Denton City Council Agenda
February 14, 2012
Page 5
With no further business, the meeting was adjourned at 5:47 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS