February 7, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
February 7, 2012
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, February 7, 2012 at 3:00 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,
Mayor Burroughs.
ABSENT: None
1.Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda Items.
2.Requests for clarification of agenda items listed on the agenda for February 7, 2012.
Council Member Gregory asked about Consent Agenda Item E. He noted that 4300 trash carts
were being purchased while over 12000 recycling carts were being purchased. He questioned
the reason for more recycling carts.
Vance Kemler, Director of Solid Waste, stated that the useful life of the recycling carts was
about 10 years and the 10 years was just about up.
Council Member Roden asked about Consent Agenda Item A and whether voters will be
required to vote in the district where they live.
Jennifer Walters, City Secretary, replied yes that even though it was an at-large election, voters
on Election Day would still have to vote in their districts.
Council Member Roden asked for additional education for voters with new districts and the ID
requirements.
Walters replied that staff was already working on the notices.
3.Receive a report, hold a discussion and give staff direction regarding an Interlocal
Cooperation Agreement between the City of Denton and Denton County for Ambulance
and Fire Protection Services.
Ross Chadwick, Fire Chief, stated that there were two action items on Consent Agenda regarding
fire and ambulance services. He reviewed the funding from 2008 to 2012. He stated that over
the years the Council provided $10,000 in “readiness funding” which was divided among the
various entities. It was anticipated that there would be thirty calls for fire services for a funding
of $13,500. In terms of ambulance funding, the County provided funding according to
population, EMS ambulance runs and rural square miles. He provided information on funding in
those areas. The County funding to Denton would be $125,166.57 which was a 4.4% increase
from last year. He noted that on the EMS side, the City was subsidizing the cost of providing the
services.
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February 7, 2012
Page 2
4.Receive an update, hold a discussion, and give staff direction concerning the final draft
of the Phase II Sustainability Plan.
Katherine Barnett, Sustainability and Special Projects Administrator, presented an overview of
the project and introduced the members of the consulting team from Camp, Dresser and McKee.
Amelia Pellegrin presented a recap of the project. She indicated that the purpose of Phase II was
to develop a sustainability plan for the city of Denton. The plan organization of focus areas,
goals, strategies and actions was presented. She demonstrated the layout of each page that
showed strategies and actions, and a snapshot guide. Key performance indicators were done for
each of the focus areas. The plan would be evaluated and updated on a regular basis with
strategies and actions that might shift given different priorities, funding changes, staff changes,
etc. She indicated that measuring and communicating progress were very important to the
success of the plan. A tracking tool was under development with the conceptual area completed.
Public communication was also a large portion of the plan. They would be creating a sustainable
Denton scorecard to rate the various areas. It was anticipated that the plan would be adopted at
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the February 21 council meeting.
Mayor Burroughs asked how this plan would marry into the Denton plan review.
Barnett stated that several items went back to the Denton plan review and they were waiting to
get information from Planning before completing them.
Kenneth Banks, Environmental Services and Sustainability Director, stated that the request for
proposal was written to incorporate the sustainability plan into the rewrite of the Denton Plan.
Mayor Burroughs stated that he did not see any wording in the document about limiting sprawl
or dissuading sprawl.
Banks stated that the language might not be that specific but the topic was mentioned.
Mayor Burroughs requested that a statement regarding sprawl be incorporated.
Council Member King noted that there was not a lot of suggestion regarding solar power and
asked if it was because it was too expensive to have individual homes using that.
Lisa Lemons, Key Accounts, Energy Efficiency and Sustainability Manager, stated that the City
currently had a healthy rebate up to $15,000 for any solar installation for home or small business.
Council Member Roden agreed with the comments by the Mayor regarding sprawl. He
suggested that the land use section might be a good place to have it located. He suggested
maintaining an ongoing citizen committee regarding sustainability.
Barnett stated that the plan suggested creating a sustainability committee.
Council Member Roden noted that there was no link on the website for this plan. He suggested
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putting it on the website prior to February 21 for citizens to look at.
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February 7, 2012
Page 3
Barnett stated that staff wanted to present the plan to Council before putting on the website.
Council Member Gregory stated that page 6 of the plan talked about a Denton score card. He
questioned who would be responsible for that score card and how the progress would be
monitored.
Barnett stated that there would be benchmarks for the majority of the items.
Council Member Gregory asked who would track the items.
Barnett stated that there would be an interdepartmental team to track the information.
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Council Member Gregory stated that at the February 21 Council meeting, Council was
scheduled to consider the Sustainability Plan and a bike plan supplement to the Mobility Plan.
He felt there was still a need to address the area of education of motorists, pedestrians and
cyclists on how to share the road. He questioned if the education element fit more in the
Sustainability Plan or the Mobility Plan.
Barnett stated that it would be a collaborative effort between the two teams working on the two
plans.
5.Receive a report, hold a discussion and give staff direction on the proposed revisions to
Denton's Water Conservation and Drought Contingency Plan.
Tim Fisher, Water Division Manager, presented information on probable water sales. Dallas had
been approached by other entities to purchase water. Water sales, assuming drought conditions
continued as forecasted, might require Dallas to implement stronger drought measures such as
Stages 2-4 and sales of water may also change DWU’s budget implications.
Proposed changes in Denton’s plan included irrigation restrictions. Those would include
mandatory day-of-week watering starting in Stage 1. Two days a week in Stage 1 would be
allowed, 1 day a week in Stage 2 and 1 day a week in Stage 3 which would be by hand only and
no automatic or hose-end sprinklers. There would be no irrigation allowed in Stage 4.
Enforcement would start in Stage 1 instead of Stage 3. He reviewed the proposed fee and fine
schedule.
Mayor Burroughs asked if the fines would be on an annual basis.
Fisher replied correct.
Mayor Burroughs suggested looking that the El Paso plan. He believed the fee was assessed on
the second offence but fines were not going to Municipal Court until the fourth offense.
Council Member Watts asked how violators would be located and who would keep track of the
violations.
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February 7, 2012
Page 4
Fisher stated that it would be a balance between city resources and citizen involvement.
Council Member Watts questioned if violations in other stages should be larger than in Stage 1.
Fisher stated that they were dealing with supply issues and conditions ramped up gradually. The
language could be such as to be flexible in that area.
Council Member Engelbrecht asked what happened to the fine money. He suggested using it for
educational purposes.
Fisher stated that some of the money could be earmarked for those types of programs.
Council Member Watts asked about a commercial buffer.
Fisher stated that there was no way to implement that provision at this time without a major
overhaul of the billing system. He noted that golf courses were more aligned with other
irrigators as well as city parks aligned with other irrigators. Foundation watering was more
restricted.
Mayor Burroughs felt that a lot of this was based on the circumstances and there would be a need
to play the fines by ear and adjust as it went along. He could see a tiered structure in the future
as the situation progressed.
Fisher stated that most of the provisions were not mandated but were empowered to the Director.
6.Receive a report, hold a discussion, and give staff direction regarding a resolution created
by the City of Denton Historic Landmark Commission.
City Manager Campbell stated that this item was placed on the agenda for Council to give
direction on how they wanted to proceed. Recently the Council held a joint meeting with TWU
and discussed issues such as opening the lines of communication between TWU and the City in
regards to a growth plan. At the time, the City’s interest was to encourage more dialogs, sensitive
to TWU's need for expansion and growth and the sensitivity of the needs of the neighborhood.
There was reluctance at that time on Council to not appear to direct policy decisions for the
University.
The Historic Landmark Commission passed a resolution giving a clear indication of what it
wanted TWU to do with regards to growth and acquisition and/or demolition of houses in the
neighborhood. It was unusual for an advisory board to pass such a resolution and if it was going
to be pursued, Council should give direction on the wording, etc. Staff needed direction on
whether the proposed resolution accurately reflected direction of Council. Council had the
ability to change or adopt the resolution.
Mayor Burroughs felt that there was a need to discuss this procedure going forward. He was not
in favor of a policy done on the board/commission level without Council approval. The Historic
Landmark Commission could provide suggestions to Council on a policy of preservation of
homes or a neighborhood or what they might like to do on how to look at policies for historic
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February 7, 2012
Page 5
sites, environmental areas, green spaces, etc. They could provide an affirmative measure for
Council to consider and Council then reach out to TWU.
Council Member Roden asked if there was a process mechanism by which a city board or
commission could suggest a policy to Council. In this case there did not seem to be one and
questioned how to have Council address the issue.
City Attorney Burgess stated that this was a policy issue for Council to consider. In this
instance, the charge to this committee did not provide them the authority. There was a need to
determine a mechanism on how to do this in terms of recommendations to Council.
Mayor Burroughs suggested fashioning some kind of statement in a way that it would function as
a general charge to make a recommendation to Council.
City Attorney Burgess stated that staff could review how it was handled in the Board and
Commission Handbook and fashion it in that manner.
Council Member Gregory asked that if a board or commission passed a resolution was it
appropriate for those reading or receiving the resolution that it was representing anything other
than the thoughts of that board or commission. In this instance the Historic Landmark
Commission was not trying to represent the Council.
Mayor Burroughs noted that was part of the confusion and what would the third party think. The
board or commission charge, at this point, was not to communicate with third parties. The
charge was to communicate with the Council. If a board or commission saw a policy need, it
should go to Council and not go to an outside third party.
City Manager Campbell stated that every board and commission had a staff liaison. Procedures
could be drafted in a specific way to make recommendations to Council. There always was an
avenue to express to the staff liaison to have Council consider an item. Council could also assign
something to a board or commission to make a recommendation as a policy statement on “x”.
That recommendation could then be approved, changed or not passed by Council. In this case,
Council could consider the recommendation from the Historic Landmark Commission or amend
it as desired.
Council Member Watts questioned that if a neighborhood acquired a historical conservation
status around a university and the university had expansion plans, did the historical designation
bind the university from the plans.
City Attorney Burgess stated that it was her understanding that such a designation was a city
designation and was not binding on a state institution in regards to taking of the property.
John Knight, Deputy City Attorney, stated that it also depended on the nature of the designation.
Some were on the federal level and others merely had a plaque on the property.
Council Member Watts felt that the Historic Landmark Commission was deliberating about this
issue at the same time Council was meeting with TWU. His hope was that, based on the
Council’s meeting and different direction of communication with the Historic Landmark
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February 7, 2012
Page 6
Commission, that something opposite of what council wanted was done. It was good to have a
committee charged to preserve and instead of being reactive, be proactive on some issues.
City Manager Campbell stated that the Historic Landmark Commission had asked that the
resolution be forwarded to Dr. Ann Stewart. If the resolution did not reflect the direction by
Council, it should be reworded consistent with Council aspects or not proceed at all. His
suggestion was to have it redrafted and adopted by Council.
Council Member Watts stated that he would be more comfortable if a TWU official had a
meeting with the Historic Landmark Commission outside the realm of the resolution in terms of
their plans. It was hard to support the wording based on who was involved and who created it.
Mayor Pro Tem Kamp stated that she appreciated the work of the boards and commissions but
the bottom line was that Council set policy. She felt the resolution was setting some sort of
policy. She agreed that it should not be sent to TWU before the Council looked at it.
Mayor Burroughs stated that he did not have a problem with the essential elements but did have
a problem with some of the wording. He felt it would be appropriate at the next meeting with
TWU to identify this as a discussion item along with general thoughts of goals and objectives of
preservation of neighborhoods. Ask TWU to be sensitive to the issue of neighborhood
preservation but not make it a policy statement.
City Manager Campbell stated that staff could work on a wording change in the Handbook for all
boards and commissions. He felt that the next meeting with TWU would be on the staff level to
work on issues rather than the Cabinet and Council. This could be a topic of discussion at that
next meeting.
Council Member Roden asked if it would be appropriate to have a discussion between the
Historic Landmark Commission and Council on this issue. The issue was not going to die
whether or not there was a resolution.
Council Member Gregory suggested using one of the first of the month luncheons to meet with
the Historic Landmark commission. He agreed with the thought of taking an initiative but also
felt it was more appropriate to have a resolution coming from Council.
Following the completion of the Work Session the Council convened into a Closed Session to
discuss the following:
1. Closed Meeting:
A.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 report and a presentation from Denton Municipal Electric staff
regarding certain public power competitive and financial matters related to
the Request for Proposals No. 4859 issued by the City soliciting proposals
for a solar-generated energy facility or facilities for the City of Denton,
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February 7, 2012
Page 7
Texas; discuss, deliberate and provide staff with direction regarding such
matters. Consultation with the City's attorneys regarding legal advice
regarding such matters. 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.Receive a report from Denton Municipal Electric ("DME") staff regarding
a public power competitive and financial matter concerning the planning,
construction, re-conductoring, and financial recourse available to DME
regarding the TMPA 138 kV transmission line extending from Denton
West to Teasley Substation, and from Denton West to Denton North
Substation; 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 City Council under the
Texas Rules of Professional Conduct of the State Bar of Texas. Discuss,
deliberate, and provide Staff with direction regarding same.
B.Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code, Section 551.086.
1.Receive a briefing and information pertaining to certain competitive
public power and financial issues regarding Texas Municipal Power
Agency ("TMPA") on matters including, without limitation: present and
future plant operations issues, plant and system expenses, maintenance
issues, performance issues, financial issues, reliability issues, planning
issues, and any related issues concerning the City's interest in, and its
business relationship with the Texas Municipal Power Agency; and
discuss, deliberate, and provide Staff with direction regarding such
matters.
C.Consultation with Attorneys - Under Texas Government Code, Section 552.071;
Deliberations regarding Real Property - Under Texas Government Code, Section
552.072.
1.Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of a 2.0 acre tract, more
or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton,
County, Texas, and located generally at the corner of McKinney Street
and Oakland Street, City of Denton, Texas. Consultation with the City's
attorneys regarding legal issues associated with the potential acquisition of
the real property described above where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the City of
Denton and the Denton City Council under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas, or would jeopardize the
City's legal position in any administrative proceeding or potential
litigation.
2. Consult with and provide direction to City's attorneys regarding legal
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February 7, 2012
Page 8
issues and strategies associated with Phase I and proposed Phase II Gas
Well Ordinance regulation of gas well drilling and production within the
City Limits and the extraterritorial jurisdiction, including Constitutional
limitations, statutory limitations upon municipal regulatory authority,
moratorium on drilling and production, and statutory preemption of
municipal regulatory authority.
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. Denton Family Unity Week
Mayor Burroughs presented the proclamation for Denton Family Unity Week
2. National Apartment Careers Month
Mayor Burroughs presented the proclamation for National Apartment Careers Month
3.CONSENT AGENDA
Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. 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. 2012-015
A. Consider adoption of an ordinance ordering an election to be held in the city of Denton,
Texas, on May 12, 2012, and if a runoff election is required, on June 23, 2012, for the
purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7
of the City Council of the City of Denton, Texas; prescribing the time and manner of the
conduct of the election to be in accordance with an agreement with the Elections
Administrator of Denton County; prescribing the form of the ballot; providing for notice;
providing for publication of notice of this election; providing a severability clause;
providing an open meetings clause; and providing for an effective date.
Ordinance No. 2012-016
B. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the City Manager to execute an Interlocal Cooperation Agreement between
the City of Denton and Denton County for Ambulance Services; and declaring an
effective date.
City of Denton City Council Minutes
February 7, 2012
Page 9
Ordinance No. 2012-017
C. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the City Manager to execute an Interlocal Cooperation Agreement between
the City of Denton and Denton County for Fire Protection Services; and declaring an
effective date.
Ordinance No. 2012-018
D. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
his designee to execute contracts through the Buy Board Cooperative Purchasing
Network, Houston Galveston Area Council of Governments (H-GAC) and Texas
Association of School Boards (TASB) for the acquisition of eleven vehicles, ten trucks,
and two pieces of equipment for the City of Denton Utility Departments; and providing
an effective date (File 4891-Purchase of Vehicles and Equipment for City of Denton
Utility Departments awarded to numerous vendors for a total award of $2,582,948.96).
The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-019
E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
his designee to execute a contract through the Buy Board Cooperative Purchasing
Network for the acquisition of Residential Refuse and Recycling Carts for the City of
Denton Solid Waste Division; and providing an effective date (File 4845-Purchase of
Refuse and Recycling Carts awarded to Rehrig Pacific Company in the amount of
$791,322.72). The Public Utilities Board recommends approval (7-0).
Ordinance No. 2012-020
F. Consider adoption of an ordinance authorizing the City Manager to execute a three year
Professional Services Agreement (PSA) with Coleman and Associates Land Surveying
for Ground Surveying Services for the City of Denton Landfill, and providing for an
effective date (File 4858-Ground Surveying Services for City of Denton Landfill
awarded to Coleman and Associates Land Surveying in an amount not to exceed
$350,000). The Public Utilities Board recommends approval (6-1).
Ordinance No. 2012-021
G. Consider adoption of an ordinance accepting bids and awarding a public works contract
for the construction of Pedestrian Trails and Sidewalk Improvements at the City of
Denton Quakertown Park; providing for the expenditure of funds therefor; and providing
an effective date (Bid 4885-awarded to JDC Construction Company in the amount of
$145,776).
Ordinance No .2012-022
H. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for Virtual Desktop Infrastructure expansion for the City of Denton Technology
Services Division; providing for the expenditure of funds therefor; and providing an
effective date (RFP 4819-Contract for Virtual Desktop Infrastructure Expansion awarded
to INX, LLC. in the amount of $786,271.61, inclusive of interest charges over the three
year lease period).
Ordinance No. 2012-023
City of Denton City Council Minutes
February 7, 2012
Page 10
I. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the purchase of gasoline and
diesel fuel; providing for the expenditure of funds therefor; and providing an effective
date (File 4492-Interlocal Agreement for Gasoline and Diesel Fuel with Tarrant County,
contract awarded to Douglass Distributing Company, in the annual estimated amount of
$5,300,000).
ITEMS FOR INDIVIDUAL CONSIDERATION
4.
A. Consider nominations/appointments to the City's boards and commissions:
1. Denton County Housing Finance Corporation
Council did not have any nominations at this time.
Ordinance No. 2012-024
B. Consider adoption of an ordinance declaring a 120-day moratorium on the
acceptance or processing of certain applications for permits to authorize oil and
gas exploration and production activities and other mineral exploration and
production activities (collectively, "mineral activities") within the corporate
limits of the City of Denton, Texas; directing the City staff to complete a
comprehensive review of the City's ordinance governing the mineral activities
and procedures related thereto and to propose revisions thereto; providing for a
method of repeal of this moratorium; providing a procedure for a variance from
this moratorium; providing a cumulative clause; providing a severability clause;
and providing an effective date.
Mark Cunningham, Director of Planning and Development, stated that Council had requested an
ordinance declaring a moratorium on the acceptance or processing of certain applications for
permits authorizing oil and gas exploration and production in the city. The proposed ordinance
imposed a 120-day moratorium on certain applications in order to preserve the status quo while a
review was on-going, and directed staff to complete any studies and analyses and make
recommendations to the Council within this period of time. The ordinance also created a
variance process for any property owner who believed imposition of the moratorium would
create a unique and undue hardship upon his or her property or business.
Council Member Gregory asked what might allow the moratorium to end sooner.
Cunningham stated that would be a Council decision.
Council Member Gregory stated that something that might trigger that would be the passage of
Phase II of the new gas well ordinance. He asked if the moratorium could be extended if the new
gas well ordinance was not completed within 120 days. He also questioned the status of a
specific use permit that was filed but not approved.
Cunningham stated if there was an application such as a specific use permit, site plan, etc that
had been submitted prior to the effective date of the moratorium, that application would continue
to be processed per Section 2 of the ordinance. The ordinance allowed that if there was an
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February 7, 2012
Page 11
approved specific use permit, approved site plan or development plan that had recognized gas
wells on them but did not have a permit, those approved documents would be reviewed if a
permit were applied for. There were two exemptions: a drilling permit application already filed
pursuant to an already approved specific use permit, site plan, development plan or development
plat. Then there were the applications already submitted or a specific use permit, site plan,
development plan, etc. that was already in the process and submitted prior to date of moratorium.
City Attorney Burgess stated that was her understanding that it was Council's intent that in light
of the fact that the conditions attached to a specific use permit might be impacted with the new
ordinance during the study process, that the moratorium would stay the processing of specific
use permits filed. She felt it was the intent of the Council to allow permits associated with
already approved specific use permits to go ahead and proceed through the process so as to not
disturb those activities
Council Member Watts asked what had been filed since the last public meeting.
Cunningham stated that at the time of the Council Planning Session there had been four
applications. Since that time up through today, there were eleven additional applications for a
total of fifteen applications.
Council Member Watts asked for a breakdown of the applications.
Darren Groth, Gas Well Administrator, stated that there had been eleven applications since
January 31, 2012. There were four site plans, three gas well development plats and three gas
well permits. One specific use permit had been submitted and withdrawn. These ten would
continue to be processed per Section Two of the proposed ordinance. The specific use permit
would not have been processed.
Council Member Watts stated that there were two exceptions listed. One was permits only and
there was an exception to permits in the condition that if the City had approved a specific use
permit, site plan, development plan or other plat in the past, they would be processed.
City Attorney Burgess stated that those would be continued to be processed with those permits.
Council Member Watts stated that the second exception was permits relating to the drilling of
wells in conjunction with injection or storage of natural gas as personal property. In Section
Two the moratorium would apply to all oil and gas well developments that do not a specific use
permit, site plan, development plan or plat. In the eleven mentioned, there three gas well permits
related to an application already in progress. But the three gas well development plats and the
four site plans would not be allowed to continue.
City Attorney Burgess stated that was correct.
Council Member Watts stated that the development plats would be stayed.
City Attorney Burgess stated correct.
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February 7, 2012
Page 12
Council Member Watts stated that the exceptions only applied to permits and injection wells or
gas with personal property.
City Attorney Burgess stated that was correct.
Council Member Roden asked staff to clarify the variance process to the moratorium.
Cunningham stated that the requestor must provide (1) a description of the property proposed to
be covered by the variance, (2) an explanation as to why the application of the moratorium to the
applicant’s property would create an undue hardship, and (3) a description of any negative
impacts created by the moratorium. The City Secretary would place the request for a variance on
a City Council agenda for consideration at a public meeting. The applicant would receive
written notice of the date of the proposed hearing. A notice would be published advising the
general public of the time and place of the hearing on the City’s Internet website and on
“EngageDenton.com”.
Council Member Roden asked if this would be a public hearing.
City Attorney Burgess replied correct.
Council Member Gregory stated that the proposed moratorium carved out a few exceptions as a
moratorium that froze everything would delay some activity that would take place anyway.
Some activities were vested and the new rules and moratorium would not affect them
City Attorney Burgess stated that the moratorium was limited in duration to 120 days. Because
there was certain vesting issues that would apply, the ordinance was narrowed for the least
impact and tried to narrow the application of the ordinance so as to not impact those that
otherwise would be vested. The moratorium would apply to those issues where the study and
information gathered could be valuable to the Council with the crafting of certain conditions on
the specific use permits.
Council Member Watts asked for the rational for the exceptions as they were additions after the
agenda was posted.
City Attorney Burgess stated that the first exception was for the applications for oil and gas well
permits. That exception was an acknowledgement that the permit was filed and attended to a
prior permit so that the applicant would be able to process under the existing law. The second
exception dealt with applications for permits relating to the drilling of wells in conjunction with
injection, production and/or storage of gas as personal property.
The following individuals presented Speaker Cards:
Naomi Meier, 1400 LaMirada, Denton, 76208 – in support
Gilbert Horton, 777 Main Street, Fort Worth, 76102 - opposed
Victor Eneh, 1222 Golden Hoof, Krum, 76249 – in favor and opposed
Clinton McBride, 1400 N. Elm, Denton, 76201 – in support
Candice Bernd, 412 ½ Fry Street, Denton, 76201 – in support
Ike Shup, 500 Main, Suite 800, Fort Worth, 76102 – opposed
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February 7, 2012
Page 13
Council Member Gregory asked Mr. Shup if he was aware of a Gas Well Task Force meeting
every Monday.
Shup replied yes.
Marcio DeSilva, 223 Fry Street #s, Denton, 76201 – in support
The following individuals submitted Comment Cards:
Mari Metzcar, 2417 Natchez Trace, Denton, 76210 – in support
Karen DiVinney, 1820 West Oak, Denton, 76201 – in support
Hatice Salih and Daniel Garza, 300 Northridge, Denton, 76201 – in support
Christa Crowe, 3320 Dunes Street, Denton, 76209 – in support
Pauline Raffestin, 2015 Bowling Green, Denton, 76201 – in support
Lisa Allen, 609 Lafayette, Denton, 76205 – in support
Rhonda Love, 1921 Hollyhill, Denton, 76205 – in support
Andrea Schreiber, 308 Marietta, Denton, 76201 – in support
Wendy Wharton, 1209 CR 1304, Bridgeport, 76426 – opposed
Laura Anderson, 1208 CR, 1304 Bridgeport, 76426 - opposed
Richard and Janelle Burch, 4478 Country Club Road, Denton, 76210 - opposed
Additional speakers included:
Phillip Sweet, 9713 Grandview, Denton - opposed
Amber Briggle, 1315 Dartmouth, Denton, 76201 – in support
Ben Kessler, 2228 Lookout Lane, Denton, 76207 – in support
Sharon Wilson, 1121 Belvedere Drive, Allen, 75013 – in support
Additional Comment Cards were received from:
Patrice Lyke, 1109 Egan Street, Denton, 76201 – in support
Heidi Barnberg, 1620 Meadow Oak, Denton, 76209 – in support
Council Member Watts indicated that he was in favor of the moratorium but had a problem with
the wording of the injection exception. A major concern of the citizens dealt with hydraulic
fracking. Some of these wells did not require fracking. He suggested adding wording such as
“which do not require hydraulic fracturing”.
Mayor Burroughs suggested adding wording such as “that do not require fracking in conjunction
with personal property”.
Council Member Gregory stated that he was in agreement with the amended wording per Mayor
Burroughs.
Council Member Roden stated that “production” was not included in that clause.
Council Member Watts replied correct.
City of Denton City Council Minutes
February 7, 2012
Page 14
Mayor Burroughs stated that he usually was not in favor of a moratorium but in this case, it had
implications with pending changes in the regulations.
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance
with the amended wording. 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. 2010-025
C. Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for tree trimming services for Denton Municipal Electric
(DME); providing for the expenditure of funds therefor; and providing an
effective date (RFP 4825-Electric Utility Line Tree Trimming Services awarded
to ABC Professional Tree, Inc. in an amount not to exceed $2,000,000). The
Public Utilities Board recommends approval (5-0).
Phil Williams, General Manager – Denton Municipal Electric, presented information on the
contract for ABC Tree Services. This service was vital for the reliability and safety of
employees and was important for a utility.
Council Member Roden asked how the aesthesis of trimming the trees would be addressed.
Williams stated that the company would be required to have a certified utility tree arborist with
the crew when they went out to do the trimming. The tree would be evaluated by type and
whether it was a slow or fasting growing tree. The cutting would be shaped around the lines and
the trees trained to go around the line. In some cases there may be an offer to take down the tree
and plant another in different location.
Council Member Roden asked about notification to property owners.
Williams stated that the feeders that were going to be trimmed were identified and 3-4 weeks
before the trimming, postcards were sent out to that area. Two weeks before door hangers and
the City’s interactive voice system to was used to leave messages. The day of the trimming the
workers knocked on doors to see if anyone was home who might want to watch how the trees
were trimmed.
David Kaplan, 300 Marietta, Denton, 76201 spoke in opposition to the contract.
Council Member Roden asked if the company coordinated with the arborist on staff.
Williams stated that the Urban Forester had reviewed the program and the contractor work and
approved what they did.
Mayor Burroughs noted that there used to be lots of complaints about tree trimming with a
different contractor. There appeared to be a lot less complaints with this firm.
City of Denton City Council Minutes
February 7, 2012
Page 15
Council Member King motioned, Mayor Pro Tem Kamp 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.
CITIZEN REPORTS
5.
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 - spoke regarding Senate Bill 1230 - 82nd Legislature Regular Session and felt that
the Mayor did not have the authority to send a letter to the State representatives. He was
opposed to the legislation.
CONCLUDING ITEMS
6.
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.
th
Mayor Pro Tem Kamp stated that on Friday, February 10 there would be a fundraiser for Our
Daily Bread.
B.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Mayor Burroughs announced that Council would return to the Closed Session to continue with
Items C and D as listed on the agenda.
C.Consultation with Attorneys - Under Texas Government Code, Section 552.071;
City of Denton City Council Minutes
February 7, 2012
Page 16
Deliberations regarding Real Property - Under Texas Government Code, Section
552.072.
2.Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the value of a 2,174 square foot tract of land,
more or less, located in Lot A, Block 1 of R.N.W. Addition, an addition to
the City of Denton, Texas, recorded in Cabinet H, Page 338, Plat Records,
Denton County, Texas (the "Property"). Consultation with the City's
attorneys regarding legal issues associated with the value of the Property
and the pending litigation matter styled "The State of Texas v. City of
Denton, a Municipal Corporation", condemnation proceeding filed in the
Probate Court of Denton County, Texas, Cause No. PR-2011-00827,
where a public discussion of these legal matters would conflict with the
duty of the City's attorneys to the City of Denton and the Denton City
Council under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas, or would jeopardize the City's legal position in the
referenced pending litigation. (Williamson)
3.Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of four separate tracts
of land, located in the Gideon Walker Survey, Abstract Number 1330,
Denton, County, Texas, and located generally north of Treatment Plant
Road along the east side of the Mayhill Road right of way. Consultation
with the City's attorneys regarding legal issues associated with the
potential acquisition of the real property described above, where a public
discussion of these legal matters would conflict with the duty of the City's
attorneys to the City of Denton and the Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, or would jeopardize the City's legal position in any potential
litigation. (England)
D. Consultation with Attorneys - Under Texas Government Code, Section 552.071.
1. Consult with the City's attorneys and provide them with direction
concerning Texas Food Establishment Rules §229.170 involving
Temporary Food establishments and the requirement of ceilings and outer
openings of food preparation areas where a public discussion of these
legal matters would conflict with the duty of the City's attorneys to the
City of Denton and the Denton City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceeding or
potential litigation.
C.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Session items.
City of Denton City Council Minutes
February 7, 2012
Page 17
The Council returned to open session and with no further business, the meeting was adjourned.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS