February 21, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
February 21, 2012
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, February 21, 2012 at 4:00 p.m. in the 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
Mayor Pro Tem Kamp left the meeting with a conflict of interest.
Ken Leathers, 1205 E. Windsor, 76209, spoke in support of Consent Agenda Item 4R. He asked
for Council support to allow 35 Denton to operate in the Williams Trade Square area for their
upcoming concert. They had received 100% signoff of all businesses in the surrounding area.
Council Member Engelbrecht asked if they had contacted First United Methodist Church.
Leathers stated that they had contacted the Church to coordinate that there would be no weddings
on that weekend.
2. Requests for clarification of agenda items listed on the agenda for February 21, 2012.
Council Member Watts stated that the Agenda Information Sheet for Consent Agenda Item 4R
indicated that the event had asked for 95 decibels and last year was granted 75 decibels.
Emerson Vorel, Director of Parks and Recreation, stated that last year the request was for 95
decibels and staff recommended 75 decibels which Council approved. This year the request was
again made for 95 decibels but staff was again recommending only 75 decibels.
Council Member Watt asked if that change was reflected in the ordinance. If not, he might
request that it be pulled for separate consideration.
Mayor Pro Tem Kamp returned to the meeting.
Mayor Burroughs noted that Consent Agenda Item G was getting close to 40% of the contract
amount and questioned why it was not bid out.
Tim Fisher, Division Manager-Water Administration, stated that the purchase order was part of a
request for proposal for the SCADA systems.
Mayor Burroughs asked if this was a sole source purchase or was the nature of the original
purchase order such that it should have been bid out.
City of Denton City Council Minutes
February 21, 2012
Page 2
Fisher stated that initially it was a request for proposal process but as the vendor provided all of
the other equipment and licensing; a change order was used to keep compatibility with the same
vendor.
Mayor Burroughs indicated that Individual Item G associated with the drought contingency plan
would not be considered at this meeting and would be rescheduled to the next meeting.
3. Receive a report, hold a discussion and give staff direction regarding the use of Tree
Mitigation Funds to help purchase land adjacent to North Lakes Park and create a
Conservation Easement in the park.
Emerson Vorel, Director of Parks and Recreation, stated that the 2005 bond program approved
funding for 3 adult soccer fields. In 2009 the City purchased 20 acres on east side of North
Lakes Park for those fields. During the design process, information was presented on where the
road would be built and the design of the fields. The Parks Department received negative
responses to the removal of the trees in the area for the expansion of the fields and the loss of
wildlife habitats. They considered other options to the proposed design such as the property on
Bonnie Brae adjacent to the park but it was too expensive to purchase. Staff talked to the Rayzor
family and they offered the 26 acre parcel. If the property was purchased, access would be from
Highway 77 with parking on two sides of the fields. This would allow for the preservation of the
interior portion of the park and making it a conservation easement on the property. Funding to
purchase the property would consist of $250,000 from the 2005 CIP Open Space and Tree Bank,
$250,000 from the tree mitigation fund and $500,000 from the Parks Gas Well revenue. The tree
mitigation guidelines indicated that use of the funds should be for the purchase, planting or
maintaining of trees; preservation of wooded property; a tree inventory; and the education of
citizens and developers on the value of trees. Using these funds to help purchase this property
would preserve all the trees in the area to serve as a wildlife habitat and allow for the installation
of more trails in the area and exercise areas for the new animal shelter area. A portion could be
made into a learning center for residents while the trees on the property would serve as a nature
habitat and canopy cover.
Mayor Burroughs asked if the tree fund was growing.
Vorel indicated that the fund had increased $30,000 in the last quarter tied directly to
development.
Mayor Burroughs asked if the committee that was to identify tracts of trees or urban forest to
preserve was functioning and if not, why it was not functioning.
Vorel stated he did not know about the committee.
Council Member Roden asked when the fund was created.
Mayor Burroughs indicated it was in the 2004-2005 time frame.
Council Member Roden asked if the fund had been used for anything.
Vorel indicated that it had not been used before.
City of Denton City Council Minutes
February 21, 2012
Page 3
Assistant City Manager Greene stated that $40,000 had been used for a tree canopy survey.
Council Member Watts stated that if there was concern about taking money from the fund, ways
could be explored in the future to replenish the funds such as from the Park Gas Well fund. He
felt the use met the legal criteria of the tree mitigation fund.
Mayor Burroughs agreed with that proposal. He felt that the intent of the concept was to receive
recommendations of the use of the funds from a citizen committee and not vetting it that way
was not the original intent. He felt that there still needed to be some discussion on the funding
mechanism such as additional Park Gas Well funds and exactly how to address the funding use.
Council Member Gregory stated that the master plan for North Lakes was primarily for
recreational use. He felt the suggestion was a creative way to preserve the current trees and
provide an area for more trees plus attract wildlife. He did not have a problem with the funding
proposal and the idea of borrowing from the fund was also not a problem. He questioned saving
the money for a stand of trees that might never be purchased. He would hate to miss out on the
opportunity to preserve the area and provide the needed fields rather than holding the money for
something that might never be purchased.
Mayor Pro Tem Kamp asked about giving direction to form a committee to study the tree stands.
Council Member Watts stated that Rayzor Ranch would be planting trees within perhaps a mile
of the boundary for North Lakes Park. He suggested revisiting if something from Rayzor Ranch
could be used for funding that might be helpful.
Council Member Engelbrecht stated that he was in support of using the funding so as to not lose
the property.
Consensus of the Council was to move forward with the purchase of the property noting the
reservations indicated but not impede the purchasing of the property.
4. Receive a report, hold a discussion and give staff direction regarding City Council
appointments to a Citizen Advisory Committee for the proposed 2012 Bond Election.
Bryan Langley, Chief Financial Officer, stated that in the 2011-12 adopted budget, street
maintenance funding was increased from $2.8 to $3.5 million. While still below the $10 million
goal, funding was projected to be increased annually to $5.8 million by 2015-16. Further
enhancements to maintenance funding would also be considered in future budget cycles as well.
In addition a capital investment of approximately $4 million per year was needed to reconstruct
existing streets. A proposed $20 million bond program would address the first five years of the
commitment but future bond programs would also need to devote significant resources to street
reconstruction. The $20 million was intended to be used only for the reconstruction of existing
streets. It was intended to complement the increased street maintenance funding and assumed no
tax rate increase.
In 2006 Council approved a public art policy which indicated that a base of 2% for the arts
would be included in all future Capital Improvement Programs, with the option and flexibility to
increase to a 4% maximum, based on needs and economic conditions. Based on the policy,
City of Denton City Council Minutes
February 21, 2012
Page 4
$400,000 to $800,000 of the proposed $20 million would need to be reserved for public art. The
Council could elect to proceed as outlined in the policy, or the public art policy could be deferred
until the next city-wide bond program planned for 2016.
Mayor Burroughs stated that the City had been acquiring art over the last several years. He
asked about the dollar amount that remained for the acquisition of art.
Mayor Pro Tem Kamp stated that the policy was written that way to have ongoing funding for
public art. However, she did not realize that it would be part of this bond program which was
specifically to go for streets. Normally the arts would be funded by HOT funds.
Mayor Burroughs asked if this was the first time to consider that provision and the impact on the
bond program.
Langley stated he would research that information.
Jon Fortune, Assistant City Manager, stated that part of the policy also required an annual
allocation from HOT funds which was done every year.
Council Member King indicated that this method would not be his favorite way to fund the arts.
Council Member Engelbrecht asked if this was a typical method for funding of the arts.
Mayor Pro Tem Kamp stated that it was commonly used method.
Council Member Gregory stated that he liked the idea of having the advisory committee give
advice on the issue.
Mayor Burroughs stated that part of the charge to the committee could be to evaluate a priority
of the 2% in this bond package versus streets that could be repaired with that money.
Council Member Watts stated that given the street situation, economic situation and the fact that
this would be the first time to consider using part of the funding for the arts, it was a difficult
decision. The fact that the streets were in dire need of repair and the City was just coming out of
a deep economic recession, he struggled with giving $400,000 for something that was not
originally planned. He was in favor of a deferment or additional time to talk about the policy as
the bond program was moved forward.
Mayor Pro Tem Kamp liked the suggestion of having the advisory committee consider the issue
and also suggested hearing from the Public Art Committee of their vision of possibly using the
money.
Langley continued with information concerning the Bond Program Advisory Committee. A
possible charge of the committee would be to assist the Council with determining projects for
consideration. In prior discussions, Council had identified a preference for a 21 member bond
advisory committee with up to 3 appointments for each council member. Formal appointments
th
to the bond advisory committee would be made on March 6 with an additional opportunity for
City of Denton City Council Minutes
February 21, 2012
Page 5
appointments on April 3rd. The charge of the committee was expected to be formally approved
by Council on April 3rd.
Mayor Burroughs suggested putting out as much information as possible on the website and
social media concerning the committee.
5. Receive a report, hold a discussion, and give staff direction regarding proposed Naming
Policy Guidelines for City Buildings, Facilities, and Land.
Eva Poole, Director of Libraries, stated that the proposed Naming Policy was discussed at the
Council Work Session on January 10, 2012. Council requested a number of changes and those
changes had been incorporated into a revised document. She reviewed those changes proposed
in the policy from the last presentation.
Council Member Watts stated that Section VII indicated that a seven member naming committee
would be appointed by Council but also talked about two members being from any impacted
advisory board. He questioned if the two members from the impacted advisory board would be
in addition to the members the Council selected or a part of the seven members.
Poole indicated there would be two additional members along with the seven members selected
by Council.
Mayor Burroughs suggested clarifying the wording in that section.
Council Member Roden stated that Section 5 dealt with plaques, markers and memorials. He
assumed that the difference between Subsection A from Subsection B was that Subsection B
dealt with naming and Subsection A was did not involve a naming.
Poole stated that Subsection B was included so people who donated a substantial monetary
amount would not be charged additional funding for the plaque, etc.
Mayor Burroughs suggested that Section VII-C allow an option for one or more names as there
might be multiple priorities. He questioned if Section IV-2 included only a monetary donation or
could it include an in-kind donation.
Poole stated that was not discussed.
Mayor Burroughs suggested that section be as broad as possible to allow in-kind to be
considered.
Council Member Roden asked if the waiver aspect would have to take place at the outset of
process.
Assistant City Manager Greene stated that the intent was that the Council would decide whether
to proceed or not with the ad hoc committee. It would be a Council decision.
City of Denton City Council Minutes
February 21, 2012
Page 6
6. Receive a report, hold a discussion and give staff direction regarding the development
stated in the tax credit application submitted by the AMCAL Multi-Housing Inc. to the
Texas Department of Housing and Community Affairs for the development of the
Villages at Elk River, an affordable Elderly Housing facility.
Mark Cunningham, Director of Planning and Development, stated that the site was current zoned
RCC-D with a future land use of Regional Mixed Use. The proposal would consist of 160 units
with approximately 144 for low-income senior tenants. At least 80% of the occupants would be
55 years or older. Seventy percent of the units would be one bedroom one bath and 30% would
be two bedroom two baths. As Denton currently had twice the State average of housing tax
credit housing units per capita, approval of the development by Council was required by the
Texas Department of Housing and Community Affairs.
Community revitalization points – the applicant anticipated that action by Council approving the
resolution would establish the area for revitalization and help them qualify for additional points.
To qualify for this point, the site must be within a community revitalization plan that was
approved via a public hearing process, either by ordinance, resolution, or other vote by the City
Council. The subject property was not within an area that was in an approved community
revitalization plan. The Denton Development Code permitted elderly housing by right in the
RCC-D zoning district. Another option was multi-family with age restrictions which would
require a specific use permit and the ground floor of the structure would have to be occupied by
at least one commercial use permitted in the RCC-D zoning district.
Council Member Watts clarified that the ground floor would have to be a commercial use and
that there could not be residential dwellings on ground floor.
Cunningham stated that was correct and also based on certain roadway classifications
office/retail might also be required.
Mayor Burroughs asked if the commercial uses could be internal to the development like a
cafeteria or laundry services.
Cunningham stated that they had to be independent of the facility. He stated that the options for
Council were to approve the resolution for submission of final application to the TDHAC by
AMCAL Multi-Housing or deny the resolution and submission of the final application. Staff
recommendation was that the applicant may develop the subject site with an elder housing or
multi-family development in accordance with the Denton Development Code.
Council Member Watts expressed confusion with the process at this point in time He felt the
revitalization point had not been adequately addressed.
Cunningham stated that originally there were two resolutions for Council consideration but could
not get to revitalization with the facts listed.
Council Member Watts stated that he wanted to make sure what resolution was doing or was not
doing.
City of Denton City Council Minutes
February 21, 2012
Page 7
Cunningham stated that the resolution while in general support of the proposal for reuse of space
and redevelopment, did not approve the revitalization plan associated with the area and could not
make that statement.
Council Member Roden stated that the proposal would still have to come back for a specific use
permit as anticipated.
Cunningham stated that if a multi-family development was done with age and income restricted,
a specific use permit would be needed with a ground floor for commercial use.
Council Member Engelbrecht asked if the proposal came back for a specific use permit for multi-
family and a commercial use on first floor, would the proposal receive housing tax credit for
such a development.
Barbara Ross, Community Development Administrator, stated that the first floor would have to
be paid for with non-tax credit funds.
Council Member Gregory stated that he was in favor of affordable housing but was concerned
have to mention in the resolution that Denton had twice the State average for these types of units
and questioned what that meant.
Cunningham stated that tax credits were issued for a certain number of units and Denton had
twice the number of per capita units.
Mayor Burroughs stated that the proposal needed a resolution from Council because Denton was
at twice the number per capita.
Council Member Engelbrecht stated that the proposal needed the resolution to get an extra point
but that the City did not have to give that.
Cunningham stated that the revitalization was separate from the twice per capita average. By
law because Denton was twice above the amount per capita, the proposal had to get preapproval
by Council.
Council Member Gregory asked if there was a waiting list of elderly needing affordable housing.
Ross stated that staff had researched senior housing under the housing tax credit. Primrose Place
had 8 vacancies; Pecan Place did not have any vacancies; Providence Place II had 100 units for
seniors with 8 vacancies; Fair Oaks had 41 units with a waiting list of 25 households; Heritage
Oaks had 45 vacant units. All totaled there were about 1800 total housing tax credit units. She
also indicated that just because units were not set aside for seniors did not mean that they could
not live there.
Following the completion of the Work Session, the Council convened in a Closed Session to
discuss the following:
1. Closed Meeting:
City of Denton City Council Minutes
February 21, 2012
Page 8
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1) Consultation, discussion, deliberation, and receipt of information from the
City's attorneys regarding potential litigation with Atmos Energy
Corporation relating to disputes concerning rate increase issues, where
public discussion of these legal matters would clearly 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.
B. Deliberations regarding Certain Public Power Utilities Competitive Matters -
Under Texas Government Code Section 551.086; Consultation with Attorneys -
Under Texas Government Code Section 551.071.
1)Receive a briefing regarding certain competitive public power and
financial matters regarding Texas Municipal Power Agency ("TMPA")
operations, transmission issues, issues regarding the payment of TMPA
indebtedness, and other related issues concerning the City's interest in, and
its business relationship with TMPA; receive a consultation from the
City's attorneys regarding legal issues involved respecting these matters,
where a public discussion would conflict with the duty of the City's
attorneys to the Public Utilities Board under the Texas Rules of
Professional Conduct of the State Bar of Texas. Discuss, deliberate, and
provide staff with direction regarding same.
C. Deliberations regarding consultation with the City 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 in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code. Also hold a discussion
regarding granting economic development incentives to Mayday Holdings
LLC, an aircraft parts manufacturing company. This discussion shall
include commercial and financial information the City Council has
received from Mayday Holdings LLC which the City Council seeks to
have locate, stay, or expand in or near the territory of the city, and with
which the City Council is conducting economic development negotiations;
including the offer of financial or other incentives.
D. 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.
City of Denton City Council Minutes
February 21, 2012
Page 9
1)Receive a presentation from staff, discuss, deliberate and provide 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;
consult with and provide 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 Council convened in a Regular Meeting at 6:30 p.m. in the Council Chambers.
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) Severe Weather Awareness Week
Mayor Burroughs presented the proclamation for Severe Weather Awareness Week.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Michelle French regarding the property tax collection process.
Ms. French presented an overview of the process of tax collection for the various entities in
Denton County.
4. CONSENT AGENDA
Mayor Burroughs indicated that Items 4C and 4R would be pulled for individual consideration.
Council Member King motioned, Council Member Engelbrecht seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items C and R.
City of Denton City Council Minutes
February 21, 2012
Page 10
On roll call vote: Council Member King “aye”, Council Member Watts “aye”, Council Member
Gregory “aye”, Council Member Engelbrecht “aye”, Mayor Pro Tem Kamp “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
Ordinance No. 2012-026
A. Consider adoption of an ordinance of the City of Denton, Texas, appointing Robin A.
Ramsay as Presiding Judge for the City of Denton Municipal Court of Record;
establishing a term of office for the presiding Municipal Judge in accordance with
applicable state statutes; providing for renewal and extension of terms absent specific
action by Council; authorizing the Mayor to execute a contract for term of office;
ratifying terms of contract; and declaring an effective date.
Resolution 2012-002
B. Consider approval of a resolution allowing Tejas Storytelling Association to be the sole
participant allowed to distribute/not sell alcoholic beverages at the Texas Storytelling
Festival on March 10, 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). Staff recommends approval of the Texas Storytelling Festival request.
Ordinance 2012-027
D.Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager or his designee to execute an Investment Advisory
Services Contract with First Southwest Asset Management, Inc. for an amount not to
exceed $52,000; and providing an effective date. The Audit/Finance Committee
recommends approval (2-0).
Ordinance No. 2012-028
E.Consider adoption of an ordinance approving the City Manager to execute a Bond
Counsel Agreement between the City of Denton and McCall, Parkhurst & Horton, LLP;
approving the expenditure of funds therefor; and providing for an effective date.
Ordinance No. 2012-029
F.Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager to execute a Consulting Services Agreement for Financial
Advisory, Arbitrage Rebate and Continuing Disclosure Services between the City of
Denton and First Southwest Company and Affiliate First Southwest Asset Management;
approving the expenditure of funds therefor; and providing an effective date.
Ordinance No. 2012-030
G.Consider adoption of an ordinance authorizing the City Manager or his designee to
execute Change Order One to the contract between the City of Denton and Johnston
Technical Services, Inc. (JTS); providing for the expenditure of funds therefor; and
providing an effective date (File 4751-Change Order One to the Design and Installation
of Wireless Communication Network for Lake Lewisville Raw Water Pump Station and
Lake Lewisville Water Treatment Plant in the amount of $37,427.35 for a total award of
$136,179.41). The Public Utilities Board recommends approval (7-0).
City of Denton City Council Minutes
February 21, 2012
Page 11
Ordinance No. 2012-031
H.Consider adoption of an ordinance authorizing the City Manager or his designee to
execute a Professional Services Agreement (PSA) with PWR Solutions, Inc. for
Engineering and Consulting Services relating to a Comprehensive Short and Long Term
Distribution System Analysis for Denton Municipal Electric, and providing for an
effective date (File 4912-Distribution System Analysis for Denton Municipal Electric
awarded to PWR Solutions, Inc. in the amount of $214,660). The Public Utilities Board
recommends approval (7-0).
Ordinance No. 2012-032
I.Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for a five year contract for software
maintenance for the Solid Waste Department's WeighStation and CompuRoute software
program from Paradigm Software, LLC., which is available from only one source and in
accordance with Chapter 252.022 of the Texas Local Government Code such purchases
are exempt from the requirements of competitive bidding; and providing an effective
date (File 3808-Five Year Contract for Maintenance of WeighStation and CompuRoute
Software awarded to Paradigm Software, LLC. in a five year amount not to exceed
$110,000). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-033
J.Consider adoption of an ordinance accepting competitive proposals and awarding a four
year contract for Pavement Marking Installation for the City of Denton Traffic
Department; providing for the expenditure of funds therefor; and providing an effective
date (RFP 4788-Four Year Contract for Pavement Marking Installation awarded to BTA
Services in the annual estimated amount of $200,000 for a four year estimated
expenditure of $800,000).
Ordinance No. 2012-034
K.Consider adoption of an ordinance accepting competitive bids and awarding a three year
contract for the purchase of RCP Pipe and Concrete Box Culverts for various City
departments; providing for the expenditure of funds therefor; and providing an effective
date (Bid 4790-Three Year Contract for RCP Pipe and Concrete Box Culverts awarded
to the lowest responsible bidder meeting specification in the unit price amounts shown
on Exhibit A for an annual estimated expenditure of $125,000 and a three year estimated
total of $375,000). The Public Utilities Board recommends approval (7-0).
Ordinance No. 2012-035
L.Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of two LifePak 15
defibrillators from Physio Control, Inc., which is available from only one source and in
accordance with Chapter 252.022 of the Texas Local Government Code such purchases
are exempt from the requirements of competitive bidding; and providing an effective
date (File 4908-Purchase of Two Defibrillators for the City of Denton Fire Department in
the amount of $78,180.10).
City of Denton City Council Minutes
February 21, 2012
Page 12
Ordinance No. 2012-036
M.Consider adoption of an ordinance of the City of Denton, Texas approving an Agreement
between the City of Denton and the North Texas Umpire Association for the purchase of
certified softball officiating services which are available from only one source and in
accordance with Chapter 252.022 of the Texas Local Government Code such purchases
are exempt from the requirements of competitive bidding; and providing an effective
date (File 4904-Agreement with North Texas Umpire Association in the amount per
game as specified in the agreement for an estimated award of $70,000).
Ordinance No. 2012-037
N.Consider adoption of an ordinance of the City of Denton authorizing the City Manager,
or his designee, to execute on behalf of the City of Denton an acceptance of an offer
from the Texas Department of Transportation relating to an Airport Improvement Grant
to Develop a Wildlife Management Plan for Denton Airport; authorizing the City
Manager to expend funds provided for in the grant program; and declaring an effective
date. The Airport Advisory Board recommends approval (7-0).
Resolution No. 2012-004
O.Consider approval of a resolution by the City of Denton, Texas suspending the effective
date for ninety days in connection with the rate increase filing of Atmos Energy
Corporation on or about January 31, 2012; requiring the reimbursement of municipal rate
case expenses; authorizing participation in related rate proceedings; authorizing the
retention of special counsel; finding that the meeting complies with the open meetings
act; making other findings and provisions related to the subject; and declaring an
effective date.
Ordinance No. 2012-038
P.Consider adoption of an ordinance authorizing the City Manager, or his designee, to
execute on behalf of the City of Denton an Airport Lease Agreement between the City of
Denton, Texas and JVC Real Estate, L.L.C. for the property located at 4650 and 4736
Lockheed, Denton Municipal Airport; and providing an effective date. The Council
Airport Committee recommends approval (3-0).
Ordinance No. 2012-039
Q.Consider adoption of an ordinance authorizing the City Manager, or his designee, to
execute on behalf of the City of Denton with Legend Natural Gas IV, LP a Fourth
Amendment To Surface Use Agreement first executed between the City of Denton,
Texas and Enexco, Inc. on January 17, 2002 for the property located at Denton
Municipal Airport; and providing an effective date. The Council Airport Committee
recommends approval (3-0).
Approved the minutes listed below.
S.Consider approval of the minutes of:
December 5, 2011
December 6, 2011
December 12, 2011
December 13, 2011
January 10, 2012
City of Denton City Council Minutes
February 21, 2012
Page 13
Ordinance No. 2012-041
T.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute a third amendment to a professional and personal services agreement
with KEMA, Inc., a corporation, for further engineering and consulting services
respecting regulatory compliance for the Denton Municipal Electric System with the
Texas Regional Entity ("TRE") and the North American Electric Reliability Council
("NERC"); authorizing the expenditure of funds therefor in an amount not-to-exceed an
additional $23,000; and providing an effective date (File 4412- aggregating not-to-
exceed $318,940). The Public Utilities Board recommends approval (7-0).
Item C was considered.
Resolution No. R2012-003
C. Consider approval of a resolution allowing Rooster's Roadhouse to be the sole
participant allowed to sell alcoholic beverages at the 35 Denton music festival
held on March 9 - March 11, 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. Staff recommends approval of
Rooster's Roadhouse request.
Mayor Pro Tem Kamp left the meeting with a conflict of interest.
Council Member Watts motioned, Council Member King seconded to approve the resolution.
On roll call vote: Council Member King “aye”, Council Member Watts “aye”, Council Member
Gregory “aye”, Council Member Engelbrecht “aye”, and Mayor Burroughs “aye”. Motion
carried unanimously.
Item R was considered.
Ordinance No. 2012-040
R. Consider adoption of an ordinance to allow exclusive use of City property for
the 35 Denton music festival at Williams Trade Square and Hickory Street
between Industrial and Austin streets contingent on a fully executed contract
with an approved vendor; for an exception to the Noise Ordinance to have an
increase in decibel level to 95 decibels and for amplified sound on Sunday; and
for the street closures to traffic beginning at 7:00 a.m. on Friday, March 9, 2012,
and concluding at 11:00 p.m. on Sunday, March 11, 2012; and providing for an
effective date. Staff recommends approval of an increase in decibels to 75 and
amplified sound on Sunday.
Council Member Watts questioned if a decibel request was ever granted over 75 to any
organization.
Emerson Vorel, Director of Parks and Recreation, replied no.
Council Member Watts asked about the decibel level for this event.
City of Denton City Council Minutes
February 21, 2012
Page 14
Vorel stated that two years ago and last year the level was at 75 decibels.
The following individuals submitted Speaker Cards:
Ken Leathers, 1205 E. Windsor, Denton, 76209 – support
Wally Campbell, 239 Bolivar, Denton, 76201 - support
Mayor Burroughs asked about the decibel level at 75.
Campbell stated that they could work with that level.
Council Member Engelbrecht noted that the sidewalk on North Hickory would be open and just
the street would be closed. He asked about the south side of Hickory.
Campbell stated that it would be the same as the north side.
Comment Cards were submitted by:
Brenda Sanchez, 1027 Coit, Denton, 76201 - support
Matt Mars, 915 Coit, Denton, 76201 - support
Melissa Leuaburg, 201 E. Mulberry, Denton, 76201 – support
Bradford Purdom, 811 Highland, Denton - support
Nic Bagherpour, 724 S. Welch #8, Denton, 76201 - support
Bob Clifton, 300 Northridge, Denton - opposed
Council Member Watts motioned, Council Member King seconded to adopt the ordinance with a
change in the decibel level to 75 decibels. On roll call vote: Council Member King “aye”,
Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht
“aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
Mayor Pro Tem Kamp returned to the meeting.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2012-042
A. Consider adoption of an ordinance directing the publication of Notice of
Intention to issue $10,970,000 in principal amount of Certificates of Obligation
of the City of Denton for General Government and Solid Waste projects; and
providing for an effective date.
Bryan Langley, Chief Financial Officer, indicated that he would be presenting the staff report for
both Items A and B. Item A was the Notice of Intention to issue $10,970,000 in Certificates of
Obligation for General Government and Solid Waste projects, as required by state law. The
rd
actual bond sale was scheduled for April 3. At that time, Council would consider an ordinance
authorizing a “parameters sale” which permitted staff to execute the bond sale within six months
rd
of April 3, provided certain interest rate parameters were met. This allowed staff to obtain the
most favorable interest rate possible either through a negotiated or competitive sale. He
City of Denton City Council Minutes
February 21, 2012
Page 15
reviewed the projects which would be included in the bond issuance. Item B provided for the
Notice of Intention to issue $37,930,000 in Certificates of Obligation for water, wastewater and
electric projects, as required by state law. He detailed the projects to be included in the proposal.
The Audit/Finance Committee recommended approval of both Items A and B.
Council Member Watts asked what the rates were for the first bond sale.
Langley stated they were around 3%.
Council Member Gregory asked for an explanation on how the bonds would be repaid.
Langley stated that the utility bonds would be repaid by the utility system revenue, the General
Government bonds would be repaid from tax revenues and the solid waste bonds would be
repaid from solid waste revenues.
Bob Clifton, 300 Northridge, Denton, submitted a speaker card in opposition.
Council Member Watts motioned, Council Member Gregory seconded to adopt the ordinances
for Items A and B. On roll call vote: Council Member King “aye”, Council Member Watts
“aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Mayor Pro Tem
Kamp “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
Ordinance No. 2012-043
B. Consider adoption of an ordinance directing the publication of Notice of Intention
to issue $38,355,000 in principal amount of Certificates of Obligation of the City
of Denton for Waterworks, and Sewer System and Electric System projects; and
providing for an effective date.
This item was considered with Item A.
Resolution No. 2012-005
C. Consider approval of a resolution of the City Council of the City of Denton,
Texas adopting a sustainability plan entitled "Simply Sustainable - A Strategic
Plan for Denton's Future"; and providing an effective date.
Katherine Barnett-White, Sustainability and Utility Coordinator, presented the details of the
proposed plan and reviewed the amount of citizen involvement in the development of the plan.
Glennis Nelson, Camp, Dresser, and McKee presented an overview of the plan. The purpose of
the project was to create a comprehensive sustainability plan for Denton, facilitate
implementation of the plan and create an implementation tracking and communication tool. The
plan was organized into focus areas with goals, strategies, and actions. The document was a
living document and would be evaluated and updated on a regular basis. Public communication
included a Sustainable Denton scorecard which would identify the goal, the purpose of the goal
and the progress of the goal.
Vicki Oppenheim, 600 Windfields, Denton, 76209, submitted a Comment Card in support.
City of Denton City Council Minutes
February 21, 2012
Page 16
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to approve the
resolution. On roll call vote: Council Member King “aye”, Council Member Watts “aye”,
Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Mayor Pro Tem Kamp
“aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
Ordinance No. 2012-044
D. Consider adoption of an ordinance creating a Combined Heat and Power
Economic Development District (CHP-EDD) in the Airport Industrial District
area of Denton, Texas; designating and describing the boundaries of such
district; and providing an effective date.
Phil Williams, General Manager-DME, presented the details of the project. Denton needed to
have a means to attract businesses to Denton. One way was by providing a low cost highly
efficient and proven form of green energy. Combined Heat and Power (CHP) generated
electricity, steam and chilled water at one time using natural gas. He detailed the benefits of
CHP and provided examples of its applications. Senate Bill 1230 allowed the designation of a
CHP economic development district. The proposed city ordinance defined the industrial
customers and tasked the Economic Development Partnership Board with creating guidelines.
Staff was recommending approve of the ordinance to create the district.
Council Member Roden returned to the meeting.
The following individuals presented Speaker Cards:
Hatice Salih, 300 Northridge, 76201 - opposed to the ordinance
Bob Clifton, 300 Northridge, 76201 – opposed to the ordinance
A Comment Card in opposition was submitted by Clinton McBride, 1400 N. Elm, Denton,
76201.
Council Member Watts asked if approving this ordinance would authorize the building of the
plant at this time.
City Attorney Burgess indicated that the ordinance would only create the district.
Council Member Watts asked if the chilled water and steam would be available depending on
proximity to the plant.
Williams stated correct that the project would start off with a base customer and build around it.
Council Member Watts asked about the limitation on distance for chilled water and steam.
Williams stated that most plants had central customers within a mile of the plant.
Council Member Watts stated that Council had passed the allocation of funds for the design for
the gas pipeline and that pipeline was catalyst of the plant.
City of Denton City Council Minutes
February 21, 2012
Page 17
Williams stated that was correct.
Council Member Watts stated that as of yet, Council had not authorized to sell gas or build a
power plant. It was a long process to get to that point.
Council Member Gregory asked Williams to elaborate on the availability of the gas line and the
electric generation in terms of a benefit to this industrial park.
Williams stated that it would help attract higher end manufacturing.
Council Member Gregory questioned if there had been missed opportunities due to no gas out in
that area.
Williams stated yes that when some companies found out there was no gas in the area or could
not be built quickly, they looked at different areas.
Council Member Watts asked about the standard for pipeline construction.
Williams stated that other gas companies used poly pipe but Denton would be using steel pipe
for better service.
Council Member Watts suggested that a DME staff member be involved with the EDP Board to
help with any possible incentives.
Mayor Burroughs noted that concerns were raised were about the process and not the project.
The proposed ordinance just established the boundaries of the project and did not authorize the
start of the project. In the future there might be a number of situations where there could be a
different process for approval of a project with additional public input including the possibility of
an election at the time a project was being considered.
City Attorney Burgess stated that was an accurate account of what could happen in the future.
Council Member King motioned, Council Member Watts seconded to adopt the ordinance. On
roll call vote: Council Member King “aye”, Council Member Watts “aye”, Council Member
Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, Mayor Pro
Tem Kamp “aye” and Mayor Burroughs “aye”. Motion carried unanimously.
Ordinance No. 2012-045
E. Consider adoption of an ordinance establishing an Economic Development
Program under Chapter 380 of the Local Government Code for making grants of
public money to promote economic development and to stimulate business
activity in the City of Denton; approving an Economic Development Program
Grant Agreement with Mayday Holdings LLC, setting for the various conditions
precedent to Mayday Holdings LLC and receiving the Program Grant; providing
for a severability clause; and providing an effective date. The Economic
Development Partnership Board recommends approval (7-0).
City of Denton City Council Minutes
February 21, 2012
Page 18
Michelle Cunningham, Business Development Officer, stated that this ordinance would approve
a Chapter 380 incentive agreement with Mayday Holdings LLC. She provided information on
Mayday Manufacturing, background information on the company and the reason for the
proposed incentive. Staff had provided an amended page to the agreement noting a
typographical error in the number of annual payments on page 3 of the agreement.
Bob Clifton, 300 Northridge, Denton, 76201 submitted a Speaker Card in opposition.
Council Member Gregory motioned, Council Member Watts seconded to adopt the ordinance
with the amended page as noted. On roll call vote: Council Member King “aye”, Council
Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”,
Council Member Roden “aye”, Mayor Pro Tem Kamp “aye” and Mayor Burroughs “aye”.
Motion carried unanimously.
Resolution No. R2012-006
F. Consider approval of a resolution by the City Council of the City of Denton,
Texas, in connection with the development stated in the tax credit application
submitted by the AMCAL Multi-Housing Inc. to the Texas Department of
Housing and Community Affairs for the development of the Villages at Elk
River, an affordable Elderly Housing facility.
Mark Cunningham, Director of Planning and Development, stated that the request was for a tax
credit application for a residential development adjacent to the Unicorn Lake Subdivision. The
site was current zoned RCCD with a future land use of Regional Mixed Use. The proposal
would consist of 160 units with approximately 144 for low-income senior tenants. At least 80%
of the occupants would be 55 years or older. Seventy percent of the units would be one bedroom
one bath and 30% would be two bedroom two baths. As Denton currently had twice the State
average of housing tax credit housing units per capita, approval of the development by Council
was required by the Texas Department of Housing and Community Affairs.
Community revitalization points – the applicant anticipated that action by Council approving the
resolution would establish the area for revitalization and help them qualify for additional points.
To qualify for this point, the site must be within a community revitalization plan that was
approved via a public hearing process, either by ordinance, resolution, or other vote by the City
Council. The subject property was not within an area that was in an approved community
revitalization plan. The Denton Development Code permitted elderly housing by right in the
RCC-D zoning district. Another option was multi-family with age restrictions which would
require a specific use permit and the ground floor of the structure must be occupied by at least
one commercial use permitted in the RCCD zoning district.
Council Member Gregory asked if the project would still be subject to property tax.
Cunningham stated he did not know.
Gregory stated that by city definition the project would involve people over 55.
Cunningham stated that elderly housing was not just for seniors and actually was for assisted
living or nursing homes. This would not be a Robson Ranch type of development.
City of Denton City Council Minutes
February 21, 2012
Page 19
Council Member Roden questioned if the applicant needed to have prior approval for the
development.
Cunningham stated that Council must approve the development. There was no application
submitted for a proposed development and staff did not know any specifics at this time. State
law required that Council approve the development before submitting it to the City.
Council Member Roden questioned if the project would be legally binding for official approval if
the resolution was approved.
Cunningham stated that the resolution stated that the project must the regulations of the Denton
Development code and all city regulations.
Council Member Watts felt that approval meant that there was enough information that the
project would be approved when presented to Council. He asked Cunningham when he was first
made aware of the project.
Cunningham stated that he became aware of the project about two weeks ago. The
representatives of the development sent a drafted resolution and other documents to the City
Manager and he gathered staff to review those documents. A phone conversation with the
requestors did not clarify what was proposed with elderly or multi-family with age restrictions
and income qualified.
Council Member Watts stated that a letter in the backup materials stated that the application had
to be in to the State by March 1st. It also indicated that there had to be a statement attached to
the application regarding the status of the zoning.
Cunningham stated that a zoning verification letter had been given to the representative of the
development.
Council Member Watts questioned what was in the letter.
Cunningham stated that the letter outlined what the zoning district was and the allowed uses.
Council Member Watts stated that the resolution would meet the requirement of Section
50.8(2)(A) by indicating that the City supported the development but in no way indicated any
type of plan for revitalization.
Cunningham stated that was correct. The resolution spoke in general concept support but not an
approved community revitalization plan in this area or anywhere in City.
The following individuals submitted Speaker Cards:
Donna Rickenbacker, representing the developer spoke in favor and indicated that there
would be independent living units for individuals 55 or older.
Council Member Engelbrecht noted that there was no revitalization area and the City could not
designate one at this time and questioned why the applicant still wanted that.
City of Denton City Council Minutes
February 21, 2012
Page 20
Rickenbacker stated that was part of the original resolution.
Council Member Engelbrecht asked about recognizing the median incomes in the resolution as
they currently were not there.
Rickenbacker stated that the intent was not to describe rent and income. The intent was to
maximize points to provide a certain level of service and maximize the number of points for the
housing credits.
Council Member Engelbrecht questioned what services would be provided for seniors. If certain
services were not provided there, then non-profits would have another set of people to provide
for. He questioned what was meant in the materials that an experienced 501(C)(3) provider
would provide a supportive service program.
Rickenbacker stated that the requirements of the program were that services would be selected as
they went through the program and what the residents desired such as transportation, health
screening and others.
Council Member Engelbrecht asked if they had any transportation discussions with DCTA and
the County to provide services.
Rickenbacker stated that they had a meeting with the County regarding the development and the
County suggested placing a bus stop in the area.
Council Member Engelbrecht stated that would be a community service and not provided by the
developer. He asked about background of the 501(C)(3) provider.
Rickenbacker stated that there were national providers who would provide those services.
Council Member Watts asked what other contact the developer had with city staff prior to
th
February 8.
Rickenbacker stated they had communication on the staff level a couple of weeks ago.
Council Member Watts questioned if the proposed resolution met the standard to gain a point for
revitalization.
Rickenbacker stated that the resolution would not give them that point.
Council Member Watts stated that the application was targeting the elderly.
Rickenbacker stated that 100% of the units would be targeting the elderly.
Council Member Watts stated that would be noted in the application and that there would be no
way to get the tax credits targeting the elderly and then change that.
City of Denton City Council Minutes
February 21, 2012
Page 21
Rickenbacker stated that they already could not do that as they had to submit a pre-application
which was on file.
Council Member Watts stated that the pre-application indicated that the proposal would be 100%
elderly with a certain percentage targeting income levels.
Rickenbacker replied correct.
Council Member Watts asked about the land use restriction agreement. It indicated that if tax
credits were awarded, a land use restriction agreement would be recorded against site restricting
the site to elderly occupants. If the developer was awarded the tax credits and project was not
built, would the land use restriction agreement still be recorded or would it be recorded only if
the project went forward.
Rickenbacker stated that dealt with zoning and went to landowner to get a zoning letter for the
tax credit application.
Council Member Watts asked for a clarification as the way he read the letter was that TDHC
required a land use restriction agreement.
Rickenbacker stated that was correct and would indicate restrictions on who the tenant
population would be, what supportive services would be provided and that it was an income
restricted property. Those would be enforceable restrictions over a 30 year period and recorded
after the development was completed.
Council Member Watts stated that the resolution did not say much except that the development
had to develop according to Denton’s code. He asked that the revitalization be taken out of the
recital clause so as not the cause confusion. He could not support the resolution if it indicated
connection with a revitalization plan.
Council Member Roden questioned if Ms. Rickenbacker was in favor of the resolution as
presented.
Rickenbacker stated that she was not against the resolution because without passage, they could
not proceed.
Council Member Roden asked why they decided to develop in Denton.
Rickenbacker stated that they had been working for 2 1/2 years to find a correct location for the
project and were looking for the right developer partner to put it all together.
The following individuals also submitted Speaker Cards:
Barbara Gailey, 3712 N. Elm, Denton - favor
Greg Johnson, 3813 Granada Trail, Denton - favor
Earl Herrington, 3010 Santa Monica, Denton - favor
Linnie McAdams, 1120 Kendolph, Denton, 76205 - favor
City of Denton City Council Minutes
February 21, 2012
Page 22
Council Member Watts motioned, Mayor Pro Tem Kamp seconded to approve the resolution
amending the third whereas to read “exclusively for the senior population”. On roll call vote:
Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory “aye”,
Council Member Engelbrecht “aye”, Council Member Roden “aye”, Mayor Pro Tem Kamp
“aye” and Mayor Burroughs “aye”. Motion carried unanimously.
G. Consider adoption of an ordinance amending the water conservation and drought
contingency plan of the City of Denton, Texas previously adopted by the City
Council in Ordinance No. 2009-134 enacted on the 2nd day of June, 2009 as to
sections 6.5, 6.6 and 6.7 thereof only; amending the enforcement provisions of
the previous plan; providing for stages of enforcement for violators of the plan;
providing for administrative fees to be charged to violators for certain violations
of the plan; providing for a criminal penalty not to exceed $2,000 per violation
of the plan; providing for a civil penalty not to exceed $1,000 per day per
violation of the plan; providing for civil legal remedies for the City of Denton,
Texas; providing a savings clause; providing a severability clause; and providing
an effective date.
This item was not considered.
H. Consider nominations to the Denton County Housing Finance Corporation.
Mayor Burroughs nominated Paul Chandler to the Denton County Housing Finance Corporation.
Council Member Engelbrecht motioned, Mayor Pro Tem Kamp seconded to approve the
nomination. On roll call vote: Council Member King “aye”, Council Member Watts “aye”,
Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden
“aye”, Mayor Pro Tem Kamp “aye” and Mayor Burroughs “aye”. Motion carried unanimously.
I. Consider nominations/appointments to the City's boards and commissions:
1. Community Development Advisory Committee
2. Health & Building Standards Commission
3. Public Art Committee
No nominations were made at this meeting.
6. PUBLIC HEARINGS
Ordinance No. 2012-046
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving an updated amendment to the pedestrian and bicycle
linkage component of the Denton Mobility Plan for the City of Denton, Texas;
providing a severability clause and an effective date. (CA11-0003) The
Planning and Zoning Commission recommends approval (7-0).
City of Denton City Council Minutes
February 21, 2012
Page 23
Jim Coulter, General Manager-Water/Wastewater Services, stated that the bike plan was ready
for Council consideration for approval. He reviewed the process used to get the proposal ready
for an ordinance. On the short range, the plan produced 70 miles of bike lane/shared roadway at
a cost of $2.5 million. Staff would be bringing forward at budget process $250,000 for the
implementation of a systematic implementation of the plan. The plan was already being used on
the staff level. The plan would also be used for the planning of the next bond sale for
reconstruction of roadways. Staff had also started implementing some of the issues of bike
safety and working with the Traffic Safety Commission to start working on a bicycle safety
education plan.
Mayor Burroughs stated that potential funding might be from a regional or county source plus
national. He questioned if there was flexibility in the plan to allow for the timing of projects to
maximize those types of opportunities.
Coulter replied yes and in fact the bike plan was in a form that could be carried to an agency and
some preliminary engineering could be done so as funds were allocated projects could be moved
around.
Council Member Roden stated that as the bond program moved forward, designated streets for
reconstruction on bike lane funding would come out of the bond program.
Coulter replied correct.
Council Member Roden suggested the creation of longer standing bike committee to advise
Council and staff as these projects moved forward.
Coulter indicated that part of the charge of the Traffic Safety Commission was to review bicycle
and pedestrian issues so a committee was already in place for those kinds of reviews.
Council Member Engelbrecht stated that a number of different issues were being looked at such
as a bike coordinator position and as the plan continued to move forward, these items would be
discussed with Council and the Traffic Safety Commission.,
Council Member Gregory stated that as modifications were suggestion in the plan that Council
would be relying on the Traffic Safety Commission for first feedback and that later on, the
Traffic Safety Commission might recommend a special task force to help with different issues.
The following individuals submitted Speaker Cards:
Howard Draper, 919 W. Hickory, Denton, 76201 - favor
Kati Trice, 921 N. Carroll, Denton, 76201 - favor
Clinton McBride, 1400 N. Elm, Denton, 76201 - favor
Amber Briggle, 1315 Dartmouth Place, Denton, 76201 - favor
Susan Whitmer, 2619 Denison, Denton, 76201 - favor
Bob Clifton, 300 Northridge, Denton, 76201 - favor
Mason Lynass, 117 Welch, Denton, 76201 - favor
Comment Cards were submitted by the following:
City of Denton City Council Minutes
February 21, 2012
Page 24
John Murphy, 1905 Whitefish, Denton, 76210 - favor
Kris Ohlinger, 1121 Bernard, Denton, 76201 - favor
Wally Campbell, 2301 Bolivar, Denton, 76201 - favor
Matt Mars, 915 Coit, Denton, 76201 - favor
Ken Leathers, 1205 E. Windsor, Denton, 76209 - favor
Pauline Raffestin, 2015 Bowling Green, Denton, 76201 - favor
Agatha Beins, 2921 N. Bell #202, Denton, 76209 - favor
Brenda Sanchez, 1007 Coit, Denton - favor
Chris Hesher, 816 N. Bell, Denton, 76209 - favor
Jessica Menth, 816 N. Bell, Denton, 76209 - favor
Nic Bagherpour, 724 S. Welch, Denton, 76201 - favor
Erin Carm, 4008 Shiraz Drive, Denton, 76226 - favor
Jay McElhanney, 605 N. Austin, Denton, 76201 - favor
Todd Hall, 618 Headlee, Denton, 76201 - favor
Lyndi Cavett, 509 Bolivar, Denton, 76201 - favor
Morgan Larson, 218 N. Texas Blvd., Denton, 76201 - favor
Kelly Taylor, 1809 Emery Street, Denton, 76201 - favor
Nathaniel Lightfoot, 111 Lane Street, Denton, 76209 - favor
Rhianon Price, 1618 Kendolph, Denton, 76205 - favor
Sanjukta Pookulangara, 1149 Oakhurst, Denton, 76201 - favor
Ben Kessler, 2228 Lookout Lane, Denton, 76207 - favor
Devin Taylor, 2710 Hinkle, Denton, 76201 - favor
Izabella, 119 West Pecan, Denton, 76201 - favor
Joe Gregory, 417 S. Locust, Denton, 76201 - favor
Tara Hunter, 804 W. Hickory, Denton, 76201 – favor
Jason Stroud, 1401 Bolivar, Denton, 76201 – favor
Cynthia Spoon, 2228 Lookout Lane, Denton, 76207 – favor
Corey Troiani, 1112 Bernard, Denton, 76201 – favor
Jesse Miller, 117 S. Welch, Denton, 76201 – favor
Sarah McCrorey, 1105 Fannin, Denton, 76201 – favor
Jon Hall, 3904 Atlas, Denton – favor
Linda Tucker, 119 W. Pecan, Denton, 76201 – favor
Julie Winnette, 411 W. Prairie, Denton – favor
Christian McHugh, 3937 Waterford Way, Denton, 76210 – favor
Megan Filch, 3937 Waterford Way, Denton, 76210 – favor
Vicki Oppenheim, 600 Windfields, Denton, 76209 – favor
The Mayor closed the public hearing.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance.
On roll call vote: Council Member King “aye”, Council Member Watts “aye”, Council Member
Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, Mayor Pro
Tem Kamp “aye” and Mayor Burroughs “aye”. Motion carried unanimously.
City of Denton City Council Minutes
February 21, 2012
Page 25
7. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1) Bob Clifton regarding Senate Bill 1230 - 82nd Legislature Regular
Session.
Mr. Clifton read a statement regarding his view on Senate Bill 1230.
8. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or
recitation of policy, or accept a proposal to place the matter on the agenda for an
upcoming meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
rd
Mayor Pro Tem Kamp announced that March 3 would be the date for the cleanup of the
Council Adopt-a-Spot.
Council Member Roden suggested a work session for discussion of funding for bike lanes for the
next year.
Council Member Roden asked for information on how closely the Traffic Safety Commission
would be looking at bike/pedestrian issues. He also suggested a possible changing of the name
for the Commission to more accurately reflect the nature of the Commission.
B.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
February 21, 2012
Page 26
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS