January 10, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
January 10, 2012
After determining that a quorum was present, the City Council of the City of Denton, Texas
.
convened in a Work Session on Tuesday, January 10, 2012 at 2:30 p.m in the Council Work
Session Room at City Hall.
PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht,
Council Member Roden and Mayor Burroughs
ABSENT: Mayor Pro Tem Kamp and Council Member King.
1. Citizen Comments on Consent Agenda Items
There were no comments from citizens on this item.
2. Requests for clarification of agenda items listed on the agenda for January 10, 2012.
Council Member Watts indicated that he would be pulling Consent Agenda Item A for separate
consideration and a presentation during the regular meeting.
Mayor Burroughs asked about Consent Agenda Items 4E and 4F. Those items were acquisitions
on the Buy Board and asked about the process for using the Buy Board. He questioned if there
were other bidders that were listed on the Buy Board for the same product and if there was a
local bidder on the Buy Board, could the city take advantage of that.
Council Member King arrived at the meeting.
Elton Brock, Purchasing Manager, stated that staff looked at all of those opportunities to use
local bidders, not only on the Buy Board but in other areas as well. The Buy Board was a
competitive public process and those bids were received and publically awarded.
Mayor Burroughs asked if Darr Equipment had a Denton location.
Brock replied that Darr did not have a Denton location. Some volumes of vehicle purchases
were too large for local bidders.
Council Member Gregory asked if the city would be reimbursed for the transmission line.
Phil Williams, General Manager-DME, stated that whoever owned the line would be reimbursed
for the transportation cost of service.
Mayor Burroughs asked about Consent Agenda Item M regarding the rejection of bids for the
substation fence. He questioned if the issue was the criteria for the request for proposal that
needed to be modified to make a change in the difference among the bids or just to put more
weight on evaluation criteria.
City Manager Campbell stated that price as well as other items was considered for the bid. The
rating on the process was very close. In re-evaluating the bid, both staff and he, because of time
City of Denton City Council Minutes
January 10, 2012
Page 2
constraints coming to Council, decided it would be best to complete the substation first and then
do the wall.
3. Receive a report, hold a discussion, and give staff direction regarding Naming Policy
Guidelines for City Buildings, Facilities, and Land.
Fred Greene, Assistant City Manager, stated that there was no city-wide policy available that
specifically addresses citizen requests to name or rename a city building, facility, land or
portions thereof. The Library had a policy that was approved by the Denton Public Library
Board but had not been approved by Council. Parks and Recreation had a policy approved by
Council but it was for the naming of parks and park facilities and not other city buildings. There
were three aspects to consider with the proposed policy: (1) it gave Council total authority over
the naming and removed it from any other board, (2) it provided for citizen input into naming as
well as the affected board and, (3) gave the maximum flexibility that might be required. Council
could waive any or all portions of the policy as needed.
Eva Poole, Director of Libraries, presented information on the proposed naming policy
guidelines and procedures in terms of naming after an individual; naming as part of a fundraising
campaign or donation; purchasing plaques, markers or memorials; and the renaming of existing
buildings, facilities, land or portion thereof.
Naming after an individual – the policy proposed that (1) the individual be deceased at least 5
years, (2) be a resident of Denton for 15 years or more, (3) must not have been convicted of a
felony or Class A or B misdemeanor, (4) must have made exceptional contributions to either the
city, State or United States, (5) represented a lasting legacy to the mission of the city, (6) died in
the line of duty serving the city, (7) or died performing a heroic act.
Naming as part of fundraising campaign or donation – the policy proposed (1) must be part of a
public fundraising campaign or donation, (2) could be accepted at any point during construction,
and (3) a funding agreement must be in place prior to the start of construction. She reviewed the
cost of naming rights in terms of total cost of a city building, facility, land or portion thereof and
the naming cost.
Plaques, markers and memorials – the policy proposed that plaques, markers and memorials
would meet design and maintenance requirements. The total cost would include five years of
maintenance costs.
Renaming an existing city building, facility, land or portion thereof – the policy proposed that
typically buildings, facilities, land or portions thereof would not be renamed. However, Council
could elect to rename a city building or could elect to remove an individual's name.
Mayor Burroughs asked if the intent was that a building with a generic name could be renamed
after someone.
Poole stated that in order to respect the historical tradition and community values which previous
generations bestowed on these resources, city buildings, facilities and land typically would not
be renamed. Even if a building had a name such as a geographical location, it would not be
City of Denton City Council Minutes
January 10, 2012
Page 3
renamed. The name “Civic Center” would not be renamed or “North Branch Library” would not
be changed. However, Council could decide to change those types of building names.
Procedures for naming – the policy proposed that a nomination form would be submitted to the
City Manager, it would then go to Council. Council would appoint a seven member ad hoc
naming committee that included two members of the appropriate advisory board for a
recommendation. The recommendation would then go back to Council for the approval.
Council Member Roden asked if the ad hoc committee applied to only first of three types of
categories for naming or did it also apply to the donation category.
Poole stated that it applied in every instance.
Council Member Roden felt that having the name based on a donation was different than the
other three categories.
Poole stated that Council could determine whether to convene the ad hoc committee.
Council Member Roden asked whether donors for naming rights would have to pass the “good
moral character” test.
Pool stated it was just for the person being nominated.
City Manager Campbell stated that the provisions would also apply to naming after a living
person. If that person did not meet the criteria, the name could be removed without an obligation
to refund the donation money.
Council Member Roden questioned the five year deceased policy.
Poole stated that the committee felt that was an adequate time for vetting the name.
Council Member Gregory asked if there had been any discussion regarding the naming of
neighborhoods.
Poole stated that committee had not considered that aspect.
Council Member Gregory stated that as the committee reworked the policy, some consideration
might be given regarding the naming of neighborhoods that were clearly identified. He
suggested more detail in the criteria for renaming the name as it could be for an individual or
corporation. He also felt that there was some confusion in Section 3 regarding residency for 15
years at the time of the naming. Another concern he had was with the cost of naming for
donations.
Mayor Burroughs suggested narrowing the scope such as whether the project could have taken
place with or without that donation.
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January 10, 2012
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Council Member Engelbrecht suggested that the naming of neighborhoods be discussed very
carefully as all subdivisions had names which were on legal documents. Those legal documents
might be used for the naming of neighborhoods. He noticed that streets were not specifically
mentioned.
Greene stated that it was considered but as streets already had names; it would be difficult to
change a street name.
Poole stated that the first page of the policy indicated that the guidelines did not address the
naming of streets, fire and police stations or council initiated naming.
Council Member Engelbrecht questioned why streets were not included.
Poole stated it was for safety reasons.
Greene stated that it would be hard on the Post Office and 911 to change street names. The
developer of the subdivision usually named the streets.
Council Member Watts stated that a developer did the name of a new street. He stated that if
there were different criteria for other naming opportunities, they needed to be placed under those
areas. He felt that there was delineation between city land which did not yet exist and current
facilities. Most of the naming or renaming had been for existing buildings, facilities or land and
the proposed policy discouraged renaming of existing facilities due to historical reasons. He
questioned if this was a major departure from that and the intent of the proposed policy was to
make it more difficult to rename existing facilities and the naming should be for facilities not yet
in existence.
Poole stated that the renaming of existing buildings was difficult for the community due to
historical intent. It was easier to name a building with no history associated with it.
Council Member Watts suggested different criteria be considered for donations. He felt that the
genesis of the policy was for the future to rely upon as well as the community. There was also
the aspect that the Council could do what it wanted to do as a three fourths vote could waive the
application of the guidelines. He suggested a mechanism whereby a waiver was presented.
City Manager Campbell stated that the intent of having a proposed naming going to Council first
was to allow for a determination if Council wanted to proceed with the naming of the building.
If yes, then it would meet the general criteria, how much money was needed and that information
would be presented to the committee. If Council chose after its first consideration, that the
naming was appropriate and did not want to do the longer process of going through a committee,
it would have that flexibility.
Council Member Gregory suggested that a statement might be included in the renaming section
to discourage the renaming of a facility when it facility was already named after someone but a
more generic current name might be open for renaming. He indicated that the policy did not
include bridges.
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January 10, 2012
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Poole stated that those were considered structures.
Council Member Gregory suggested including bridges.
Council Member Roden asked for a list of generic buildings and reasons from staff on why not to
rename those buildings. He suggested a third way of renaming an already named building was to
include the generic title with the new name.
4. Receive a report, hold a discussion, and give staff direction regarding amendments to the
City of Denton smoking ordinance (86-069 as amended by 93-193).
Lindsey Baker, Assistant to the City Manager, presented information on the proposed ordinance.
She stated that in 2011, there had been a number of citizens advocating for a smoke free Denton.
The first step was to determine if Council desired to update the current smoking ordinance. She
would be providing background on the current smoking ordinance. If directed to proceed, staff
would determine which elements should or should not be included in an updated ordinance and
how to directly engage the public.
Issues in favor of an updated ordinance included health issues, environmental quality, allergies,
and an increase in business from non-smoking patrons.
Issues against an updated ordinance included private property rights; market-oriented
regulations; health studies were misleading regarding second-hand smoke or were flawed; and
reduced business.
Figures on how common were smoking bans were presented in terms of world-wide, nationwide,
and statewide. There was also the debate on whether to have a statewide ban rather than
individual city bans. Figures were also presented for the North Texas area and Denton County.
Economic Impact – The city of El Paso indicated that there was no statistically significant
change in sales for restaurants and drinking establishments after instituting their ban. The city of
Dallas indicated that there was a statistically insignificant decrease in overall sales for eating and
drinking establishments. There was a decrease in mixed beverage sales for full-service
restaurants. The city of Houston stated that there was little to no adverse economic impact
related to mixed beverage sales in any studied group. There was little to no adverse economic
impact in overall sales and no causal relationship between the smoking ordinance and restaurant
or mixed beverage sales based on a longer term study in 2009. The bottom line based on
empirical data was that smoking ordinances did not indicate statistically significant outcomes for
the restaurant sector in the long term.
If Council wanted to move forward to amend the ordinance, staff was recommending some level
of public engagement. Suggestions would be to use the Mind Mixer to engage the public in a
dialogue, include questions in the 2012 citizen survey, convene a citizen committee to develop
and present a formal recommendation to Council, or commission a third-party to perform a
scientifically valid study to determine the economic impact to local businesses.
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If Council wanted to use a committee it was suggested that all sides of the issues be included. A
proposed makeup of the committee might include owners/operators of local restaurants,
owners/operators of local stand-alone bars, Chambers of Commerce, medical professionals,
Denton County Health Department and the two main hospitals. The recommended charge to the
committee would be to define a public place and workplace, what must be included in the
ordinance, and what exceptions should be considered.
Mayor Burroughs noted that the primary issue at this meeting was to provide direction to staff on
whether to proceed with an update.
Council Member Gregory suggested including citizens not associated with any of the above
groups should the Council move in that direction. He was in favor of revising the ordinance and
was open to exceptions such as small workplaces or tobacco bars.
Council Member Roden stated that he was also in favor of moving forward and felt it was
important to have a committee.
Council Member Watts indicated that he was in favor of the update and in favor of a committee.
Mayor Burroughs stated that he was in favor of moving forward but was not interested in an
economic study. He suggested considering creative alternatives unique to Denton.
Council Member Engelbrecht suggested also receiving input from employees of clubs, from
bingo places, bowling alleys and private clubs. He agreed with proceeding and suggested the
option of questions in the citizen survey.
Council Member Gregory suggested being specific with definitions if exempting private clubs or
fraternal organizations. In terms of a committee, he suggested staff provide more specific
recommendations for a charge and a specific time frame for completion.
Mayor Burroughs suggested finding as many exceptions as possible to consider in the revision.
Council Member King agreed with moving forward.
Consensus of the Council was to move forward with the revision of the ordinance.
5. Receive a report, hold a discussion, and provide staff direction concerning the current
drought conditions and recommended revisions to Denton's Water Conservation and
Drought Contingency Plan.
Jim Coulter, General Manager-Water Administration, stated that the past fiscal year had
exceeded all previous years in Texas as the hottest and driest 12 month period for the state as a
whole. Area reservoirs were being depleted and the long range forecasts were not encouraging.
Many water utilities were taking steps to accelerate their drought management plan actions to
help reduce water demands and extend supplies. Denton currently had a 30 year untreated water
supply contract with Dallas Water Utilities that expired in 2015. Part of that contract required
Denton to implement “like measures” to conserve water during a drought period. Denton’s 2009
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January 10, 2012
Page 7
Drought Management Plan had significant differences from the 2010 Dallas Drought
Management Plan and the recommendation was to make the necessary adjustments to Denton’s
current plan to more closely match the Dallas Plan.
Under the 2010 Dallas Water Utilities Drought Contingency Plan, Stage 1 watering restrictions
went from twice a week as a voluntary measure to a mandatory restriction for all retail water
customers. Stage 2 went from a mandatory twice a week to a once a week watering schedule.
Stage 3 went from a twice a week watering schedule using hand held hoses only to once a week
using hand held hoses only.
Proposed major changes included: (1) mandatory day-of-week watering starting in Stage 1 which
would include 2 days a week in Stage 1, 1 day a week in Stage 2 and 1 day a week in Stage 3; (2)
hose-end watering only in Stage 3 with no automatic systems or sprinklers. Enforcement would
start in Stage 1 instead of Stage 3 and would have a proposed fine schedule. A time period for
the violations would have to be developed for counting the number of violations. Rate
surcharges would change from 20% for use over 30,000 gallons in Stage 3 and 20% for use of
15,000 gallons in Stage 4 to 10% for use of 10,000 gallons in Stage 3 and 4. Proposed minor
changes included (1) golf courses would be more aligned with other irrigators, (2) city parks
would be more aligned with other irrigators, and (3) foundation watering would be more
restricted.
Mayor Burroughs suggested a long lead time for warnings when the major changes were initiated
because a lot of education would be necessary for citizens.
Coulter stated that once the City was requested by Dallas to implement Stage 1 staff could do a
3-4 month grace period for fines. At Stage 2 staff would have to do more restricting fines.
Council Member Gregory suggested getting notices out early that this would be happening to
avoid customers from losing landscaping that they might have just installed. He suggested
looking at the landscaping and irrigation ordinances for new developers installing landscape
plants and irrigation systems. A task force of city staff to look at the city's behavior with its own
facilities might also be in order.
Council Member Watts asked if other political entities such as the DISD and the County would
be subject to these restrictions and possible fines.
Coulter stated that they would be held to the same standards as other customers.
Council Member Watts asked how the surcharge was different from the fine.
Coulter stated that watering incorrectly would result in the surcharge and violating the watering
days would result in a fine.
Council Member Watts asked how it would be enforced.
Coulter stated that staff may see some of the violations but mostly it would come from residents
calling in with violations.
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January 10, 2012
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Mayor Burroughs asked about provisions if someone had a water well.
Coulter stated that harvesting systems or water wells would have to be taken into account.
Council Member Watts asked how multi-family uses would be reduced over normal usage.
Coulter stated that staff would have to look at commercial and multi-family uses. The policy
was not trying to cut back internal usage; it was dealing with outdoor watering.
Council Member Roden stated that Keep Denton Beautiful might be helpful to coordinate with
reductions such as zeroscaping, etc.
Council Member Engelbrecht suggested writing the warning notices in a positive manner.
6. Receive a report, hold a discussion and give staff direction regarding the preferred
alignment of the portion of the Denton Municipal Electric Northeast Denton
Transmission Line Re-Build Project running from the King's Row Substation to the
Denton North Interchange.
Phil Williams, General Manager-DME, presented the details of the recommended alignment.
There was a third public hearing scheduled for later in this meeting for public input. The project
consisted of rebuilding two existing 60kV electric transmission lines, in the northeast quadrant of
the City. The existing electric transmission lines occupy a thirty-foot wide easement corridor.
The original easement footprint conformed to the rural nature of the affected land tracts for the
early 1960’s. However, urban development activity and encroachments along and within the
easement corridor has made it increasingly difficult to operate and maintain the existing electric
facilities. Current practice indicated that an easement width of seventy-five feet was the optimal
minimum width to accommodate electric power transmission infrastructure, operations and
maintenance. He reviewed significant activities to date. A neighborhood meeting was held,
notifying citizens living within 500 feet of the existing transmission line and any alternative
routes. Three routes were presented as alternatives to the original alignment. Cost estimates
were formulated by DME staff to evaluate all routes. The factors used to evaluate each of the
alternate routes included impact on homeowners, cost of easements, cost of work in existing
substations, and transmission line construction cost.
Following the completion of the Work Session, the Council convened into a Closed Session to
discuss the following:
1. Closed Meeting:
A. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorney - Under Texas Government Code Section
551.071.
1. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of a tract of land,
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January 10, 2012
Page 9
located in the N.H. Meisenheimer Survey, Abstract Number 810, Denton,
County, Texas, and located generally south of Riney Road, and north of
the City of Denton North Lakes Park. 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.
2. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of a 6.205 acre tract and
a 142 acre tract, more or less, located in the David Davis Survey, Abstract
Number 356, Denton, County, Texas, and located generally along the west
side of Tom Cole Road, directly across Tom Cole Road from the Denton
Municipal Airport. 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.
3. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of a 33 acre tract, more
or less, located in the J. McDonald Survey, Abstract Number 873, Denton,
County, Texas, and located generally west of the southwest end of the
Denton Municipal Airport. 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.
B. Consultation with Attorney - Under Texas Government Code Section 551.071,
Deliberations regarding Economic Development Negotiations - Under Texas
Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters 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 the leasing of land and financing of a City facility on University
of North Texas property located at I-35 and North Texas Boulevard. The
discussion shall include financial information the City Council will
City of Denton City Council Minutes
January 10, 2012
Page 10
review, including the offer of financial or other incentives.
C. Consultation with Attorney - Under Texas Government Section 551.071.
1. Receive a briefing from and consult with the city's attorneys regarding
Item 5.A. on the agenda of January 10, 2012 regarding a Specific Use
Permit (SUP) to allow for the drilling and extraction of natural gas from
an underground storage formation on property located within a
Neighborhood Residential 4 (NR-4) zoning and use district on
approximately 2.066 acres located generally south of McKinney Street,
approximately 900 feet west of Trinity Road.
2. Receive a briefing from and consult with the city's attorneys regarding
Item 6.B. on the Regular Meeting Agenda of January 10, 2012, regarding
a Specific Use Permit (SUP) for an existing gas well drilling and
production facility on property located within a Neighborhood Residential
Mixed Use (NRMU) zoning and use district on approximately 2.64 acres
generally located south of Airport Road, east of Interstate 35 West, and
west of South Bonnie Brae Street.
D. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorney - Under Texas Government Code Section
551.071.
1. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential lease of a tract of land, located at
910 Aeronca, Denton, Texas. Consultation with the City's attorneys
regarding legal issues associated with the potential lease 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,
Texas 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.
Following the completion of the Close Meeting, the Council convened in a Regular Meeting at
7:40 p.m. in the City 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. National Blood Donor Month
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January 10, 2012
Page 11
Mayor Burroughs presented the proclamation for National Blood Donor Month.
B. Presentation by Rotary Youth Exchange Student, Javier Vereda Gorge, from
Melilla Spain, to the Mayor of a letter and a flag from the Mayor of his town in
Spain.
Mr. Gorge presented Mayor Burroughs with a letter from the Mayor of his city and a flag of
Spain. Mayor Burroughs presented Mr. Gorge with gifts for the Mayor and for Mr. Gorge.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B, Receive citizen reports from the following:
1. Timothy Trawick regarding the recent increase in parking fines and the
enforcement policy.
Mr. Trawick stated that there had been increased fees and fines for parking around the Square.
He felt that there needed to be enforcement of parking on the Square for customers going to the
businesses during the day. The City needed to be careful not to work against a positive growth
of the businesses on the Square. He had received a parking fine and he had learned that there
were two additional parking enforcement officers to be hired to work the area. One parking
violation he had a problem with was parking within 20 feet of a crosswalk. He felt that if the
city was going to enforce that violation, it needed to mark the crosswalks better so citizens would
know where the violations would occur.
4. CONSENT AGENDA
Mayor Burroughs noted that Council Member Watts had asked that Item A be pulled for separate
consideration.
Council Member King motioned, Council Member Engelbrecht seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item A. On roll call
vote Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory
“aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, and Mayor
Burroughs “aye”. Motion carried unanimously.
Ordinance No. 2012-002
B. Consider adoption of an ordinance of the City of Denton authorizing an Agreement
between the City of Denton, Texas and the Children's Advocacy Center for Denton
County, Incorporated in the amount of $121,648; providing aid to the City of Denton
Police Department in the investigation of child abuse cases; providing client and clinical
services to victims of child abuse and non-offending family members; providing for the
expenditure of funds therefor; and providing for an effective date.
City of Denton City Council Minutes
January 10, 2012
Page 12
Ordinance No. 2012-003
C. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the General Fund with Certificates of Obligation with an
aggregate maximum principal amount equal to $445,000 to allow for the design and
construction oversight of the Linda McNatt Animal Care and Adoption Facility, and
providing an effective date.
Ordinance No. 2012-004
D. Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement (PSA) with Connolly Architects and Consultants for
Design Services and Construction Oversight for the Linda McNatt Animal Care and
Adoption Facility; and providing for an effective date (File 4817-Design Services and
Construction Oversight for the Linda McNatt Animal Care and Adoption Facility
awarded to Connolly Architects and Consultants in the amount of $440,532).
Ordinance No. 2012-005
E. 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 and Texas Association of School Boards (TASB) for the acquisition of fourteen
vehicles for the City of Denton Police Department and one tractor for Denton Municipal
Airport; and providing an effective date (File 4866-Purchase of Vehicles and Equipment
for Police and Airport Departments awarded to Caldwell Country Chevrolet in the
amount of $326,104 and Ag-Power, Inc. in the amount of $55,309.08 for a total award of
$381,413.08).
Ordinance No. 2012-006
F. 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 an excavator for the City of Denton Solid Waste
Construction and Demolition Division; and providing an effective date (File 4878-
Purchase of Excavator for Solid Waste Construction and Demolition Division awarded to
Darr Equipment Company in the amount of $108,659). The Public Utilities Board
recommends approval (5-0).
Ordinance No. 2012-007
G. Consider adoption of an ordinance accepting proposals and awarding a public works
contract for the construction of the Bonnie Brae Substation for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date (RFP
4861-awarded to Can-Fer Utility Services, LLC. in the estimated amount of $634,739).
The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-008
H. Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the purchase of the electric transmission conductors for the City of Denton,
Texas, Denton Municipal Electric; providing for the expenditure of funds therefor;
providing for the retroactive ratification of the purchase in the amount of $335,129.60 as
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January 10, 2012
Page 13
permitted in the provisions of the Ordinance No. 2009-189, the ordinance providing for
procurement procedures for purchases by Denton Municipal Electric for electric
production, transmission, distribution, and station systems in accordance with Texas
Local Government Code Section 252.022(c); providing an effective date (Bid No. 4880-
Annual Contract for the Purchase of Electric transmission conductors awarded to Stuart
C. Irby in the net pricing as shown in Exhibit A of the ordinance).
Ordinance No. 2012-009
I. Consider adoption of an ordinance approving a salary increase for George C. Campbell
under the performance review provision of his employment agreement with the City;
authorizing the expenditure of funds; and providing an effective date.
Ordinance No. 2012-010
J. Consider adoption of an ordinance approving a salary increase for Anita Burgess under
the performance review provision of her employment agreement with the City;
authorizing the expenditure of funds; and providing an effective date.
Ordinance No. 2012-011
K. Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay
under the performance review provision of his employment agreement with the City;
authorizing the expenditure of funds; and providing an effective date.
Ordinance No. 2012-012
L. 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 First Financial Resources, Inc. for the property located at 910
Aeronca at the Denton Municipal Airport; and providing an effective date. The Council
Airport Committee recommends approval (3-0).
Ordinance No. 2012-013
M. Consider adoption of an ordinance rejecting any and all competitive proposals for a
public works contract for the construction of the Bonnie Brae Substation Masonry Fence
for the City of Denton (Bid Number 4811), or take other appropriate action with regard
to such proposals; and providing an effective date.
Item A was considered.
Ordinance No. 2012-001
A. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, amending the Downtown Incentive Reimbursement Grant Program, and
establishing an effective date. The Downtown Task Force recommends approval
(14-0). The Economic Development Partnership Board recommends approval
(8-0).
Council Member Roden noted that this was the first year to use the DTIP boundaries.
City of Denton City Council Minutes
January 10, 2012
Page 14
Julie Glover, Economic Development Program Administrator, stated that the Central Business
District boundaries had been used prior to this year.
Council Member Roden stated that there were now more types of structures in the area and asked
if homes could apply for these incentives.
Glover stated that residences were also in the previous map but the grant was specifically for
businesses. Perhaps there was a need to clarify in the policy that it was just for businesses.
Council Member Roden asked how staff would work to advertise these grant funds for areas
further out from the downtown business area.
Glover stated that as the developers came in for building permits they received the information
concerning the grants.
City Manager Campbell stated that the intent was only for businesses. The language could be
corrected at a later date if needed.
Mayor Burroughs suggested altering the wording regarding Item 1 and facades. He suggested
adding the word “commercial” to make it clear it was for businesses.
Council Member King motioned, Council Member Gregory seconded to adopt the ordinance
with the wording change noted for Item 1 adding the word “commercial”. On roll call vote
Council Member King “aye”, Council Member Watts “nay”, Council Member Gregory “aye”,
Council Member Engelbrecht “aye”, Council Member Roden “aye”, and Mayor Burroughs
“aye”. Motion carried with a 5-1 vote.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas, approving a
Specific Use Permit (SUP) to allow for the drilling and extraction of natural gas
from an underground storage formation on property located within a
Neighborhood Residential 4 (NR-4) zoning and use district on approximately
2.066 acres. The subject property is generally located south of McKinney Street,
approximately 900 feet west of Trinity Road; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability and an
effective date. (S11-0002) The Planning and Zoning Commission recommends
approval (3-2).
Mark Cunningham, Director of Planning and Development, stated that this item first came to
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council on December 6. At that meeting the item was continued to the December 13 meeting
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for additional information. At the December 13 meeting, Council closed the public hearing but
deferred action until this meeting. The heart of matter is the use category of the structure on the
property. The applicant has an affidavit indicating that there is no water supply to the structure
Based on the city’s code, a structure was not considered habitable if there was no water. Staff
had made several attempts to contact the property owner regarding the status of the structure but
City of Denton City Council Minutes
January 10, 2012
Page 15
had not received any response from him. A determination of staff was, that lacking water
facilities, the structure was not a habitable structure.
Council Member Gregory asked if the applicant would consider relocating the well to a different
location outside the zone if it was determined that the structure was a restricted use.
Jeff Hardgrave, representing the applicant, stated that he was not aware of that question but that
they were looking at different locations on the site.
Mayor Burroughs asked if there were other wells already doing the same thing in the area.
Hardgrave stated that there were eight wells and one well been in existence for over 15 years
within 1,000 feet of the structure.
Mayor Burroughs stated that this well was to expand the size of the storage facility so as to make
a more efficient use of the location.
Hardgrave stated that it was to expand the reservoir in order to place more gas in the storage
facility.
Council Member Roden stated that intent was not to take gas out but rather use as a storage area
and asked about drilling.
Hardgrave stated that this would not be a production well but that the drilling process was similar
to a production well. Gas would be forced into the well as a storage reservoir.
Council Member Roden asked how many of these types of wells were in the DFW area or
service range area.
Hardgrave stated that not all reservoirs could store gas. This area had a strong sand formation
which would allow that. There were no other places near the DFW Metroplex area. During peak
delivery times, gas would be taken out for residential customers, commercial customers and for
electric generation as well.
Council Member Roden asked about the safety aspect as a different type of well had an accident
at that site.
Hardgrave stated that was during the time Lone Star Gas Company had the well. It was his
understanding that during drilling there was a pump failure with a release of gas until repairs
were completed.
Council Member Gregory asked that while the drilling well, would it look like other wells with a
derrick, noise and lights.
Hardgrave stated that the drilling would be shallow and done in less than 30 days with no
fracking.
City of Denton City Council Minutes
January 10, 2012
Page 16
Council Member Gregory stated that Council had been given an affidavit from Atmos regarding
water supply to the structure. His concern was that the structure represented a protected use.
The affidavit indicated that Atmos had conversation with owner of property and that the existing
water well had not been working since May 2011.
John Manganilla stated that they had been negotiating with the property owner to place a well on
the property. The property owner had indicated that there had been damage done to his property
and that several things had been stolen. The property owner had asked Atmos to address all of
those issues. When asked for a time frame when these things happened, the property owner
indicated it was when the project started.
Council Member Gregory stated that he had spoken with a security person who thought someone
had moved furniture into the building.
Manganilla stated from operations and people who were out in the area on a daily basis, they
were made aware that the property had been “leased” for the time being and recently during
negotiations that the people leasing were leaving because they did not get water.
Council Member Roden asked when those conversations took place.
Manganilla indicated that the most recent was about a week ago. They had been having ongoing
negotiations with the property owner.
Council Member Roden asked when Atmos learned that the water connections were important
and if staff had provided that information.
Manganilla stated that it was after the Planning and Zoning Commission meeting that they
learned that the 1000 foot issue was raised. It was not identified earlier in the process as
everyone before had identified the structure as not being a residence.
City Manager Campbell stated that Council had asked staff to make a determination if that was a
habitable structure. In discussions with Atmos they indicated they had information that the
structure did not have water. That process was in conjunction with the request from Council.
Council Member Watts questioned if the process was the same as a production well for 30 days,
then inject or pull the gas out through a compressor.
Hardgrave stated that the compressor was only used for injecting the gas.
Council Member Watts stated that primary concerns now were fracking and air quality. He
asked if the gas injected and then taken out was processed or raw gas.
Hardgrave stated that it was pure gas and was odorized.
Council Member Watts asked if Atmos was paying personal property taxes on the stored gas.
City of Denton City Council Minutes
January 10, 2012
Page 17
Hardgrave stated yes but that all of the gas did not belong to Atmos. There were different
shippers or other divisions of Atmos who owned the gas.
Council Member Roden stated that one issue with any type of gas production was that the
Council was in the middle of a rewrite of an ordinance that might affect this type of process. He
asked if it would be a burden to continue using the well in the current state and wait until the
rewrite was completed.
Hardgrave stated that they had started this process well over 8-9 months ago and wanted to have
it completed for winter this year. A delay would impact service to customers. A risk would be
another cold event like last winter that might cause a problem with delivery to customers. This
gas was also used for electrical generation in summer.
City Attorney Burgess stated that Atmos had provided an affidavit to staff and she was asking if
Council wanted to consider that in connection with their decision. If so, the affidavit would be
attached to the official records for the evidence stating therein.
Mayor Burroughs directed staff to do so.
The following individuals submitted Speaker Cards:
Ed Soph, 1620 Victoria, Denton, 76209 - in opposition
Phyllis Wolper, 412 Ridgecrest Circle, Denton, 76205 - in opposition
Council Member Gregory stated that the staff assessment was that the structure was not a
protected use but he felt there was room for disagreement. He felt that there were people there.
The fact that it was not a great residence did not mean to him that it was not a residence. He
supported the facility but was opposed to it being too close to a protected use. He questioned
what would happen if the proposal failed and whether the applicant could apply for another
specific use permit for another well in the area without the one year waiting requirement.
Cunningham stated that if the proposal was denied, Atmos could not resubmit for that property
for twelve months. However, that would not prevent them from requesting a separate piece of
property.
Mayor Burroughs asked about not taking action and the threshold issue of residence or dwelling.
If the structure was a dwelling, then drilling could not take place within 1000 feet of the
structure. If it was not a dwelling, it would not be protected in that way. He questioned what
would be the effect if the item was not acted on and more information was gathered regarding
the definition for criteria for a dwelling without third party suggestions. He asked if the proposal
could be postponed again for more information, or could the applicant get a waiver from the
property owner or find a different site.
Cunningham stated that there were several options. The Council could table the item for an
indefinite period of time or to a time certain. The applicant could get a waiver from the property
owner but that was not likely. The applicant could also seek a variance from the Zoning Board
of Adjustment to reduce the 1000 foot setback or seek a different site for a different well.
City of Denton City Council Minutes
January 10, 2012
Page 18
Mayor Burroughs stated that the item could be delayed and the applicant would still have other
options.
Council Member Roden suggested getting a more precise accounting as burden of proof for the
dwelling and criteria for a dwelling. He suggested holding off on a decision for a few months
until the completion of Phase 2 of the ordinance.
Cunningham questioned what was meant by burden of proof.
Council Member Roden stated that it involved considering a place where someone was living
there.
Cunningham stated that it was not a matter of living there. It was an issue of whether the
structure was habitable. A protected use was a residence. For a structure to be a residence it had
to be habitable. Current definitions to be habitable included having utilities to the structure.
Absent of water indicated that a structure was not habitable. That did not mean that it could not
become one in the future but at this point in time, with no water, the structure was not habitable.
Council Member Watts stated that his understanding was that there was no fracking involved in
this activity.
Hardgrave replied correct.
Council Member Watts asked if all the compressors were natural gas compressors.
Hardgrave replied correct.
Council Member Watts stated that with this injection well there might a reduced need for
compression as it allowed faster injection.
Hardgrave replied correct.
Council Member Watts stated that understood the issue of safety for people. If this request went
to a vote it would probably be defeated. There were people who used the system against the
process. There was a person claiming that the structure was a residence but that person did not
come not before this body to tell them that. There may be an electric bill but not water and that
made it difficult for him to believe that this was a habitable structure. If there was no water in
the unit, there was a need to make sure Code Enforcement took care of the violation. If the
structure was not habitable according to Code, then that needed to be addressed. To have this
issue and no persons here to give testimony was outrageous. He indicated that he was in favor of
the specific use permit and was also in favor of tabling the item so as to not deny the proposal
because of this one issue. The only proof was trying to find out information on their own while
the owner did not have the courtesy to address the Council.
City of Denton City Council Minutes
January 10, 2012
Page 19
Council Member Watts motioned to postpone the item. He instructed staff to move the new
regulations along. The City needed to determine if the structure was habitable as someone could
be living there in unsafe conditions.
Mayor Burroughs asked about bringing it back if circumstances changed or there was an
unforeseen issue to request it be brought back sooner.
City Attorney Burgess stated that a motion to postpone needed to be to a date certain or an event
certain.
Mayor Burroughs suggested postponing until after the passage of the Phase 2 ordinance.
Burgess stated that tabling the motion would be in on the table and it would not be considered at
subsequent meetings.
Mayor Burroughs suggested that the event certain could be the next meeting following the
passage of the Phase 2 drilling ordinance but if something happened in the intervening period, it
could also come off earlier.
City Attorney Burgess suggested a motion could continue to a date certain of the meeting
following the approval of the Phase 2 ordinance or when city staff obtained additional
information requested at this meeting.
Council Member Watts motioned, Council Member King seconded to postpone the item to the
City Council meeting after the Phase 2 amendments were effective or the next City Council
meeting after staff had the answers to Council’s questions, whichever was earlier. On roll call
vote Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory
“aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, and Mayor
Burroughs “aye”. Motion passed unanimously.
6. PUBLIC HEARINGS
Ordinance No. 2012-014
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving an amendment to Ordinance 2006-348, an
environmentally sensitive area alternative development plan for approximately
71.01 acres of land located on the south side of I-35 East, south of Wind River
Boulevard and west of Unicorn Lake Boulevard, within a Neighborhood
Residential Mixed-Use 12 (NRMU-12) zoning district with an overlay district, a
Neighborhood Residential 4 (NR-4) zoning district, and a Regional Center
Commercial Downtown (RCC-D) zoning district, and legally described as
within the M.E.P. & P.R.R. Survey, Abstract No. 950 and the B. Lewis Survey,
Abstract No. 769 in the City of Denton, Denton County, Texas; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof; providing a
severability clause and an effective date. (ADP11-0009) The Planning and
Zoning Commission recommends approval (7-0).
City of Denton City Council Minutes
January 10, 2012
Page 20
Mark Cunningham, Director of Planning and Development, stated that the proposal was for an
amendment to the Tuscan Hills ADP ESA Plan to accommodate the construction of an access
road. The request would exchange 0.4 acres which were designated as a natural zone on the
Tuscan Hills ADP ESA plan for approximately 0.58 acres of enhanced social zones within the
Unicorn Lake Estates subdivision. Enhanced social zones were designed to allow activities that
complement a proposed walking trail. The Planning and Zoning Commission and staff were
recommending approval.
The Mayor opened the public hearing.
Tom McCracken, representing the applicant, stated that there were no negatives with this
proposal. A larger ESA area would be added which would also be meaningful for the area.
Council Member Engelbrecht asked how the newly planted trees would be watered.
McCracken stated that there would be a drip line to each individual tree.
Council Member Engelbrecht asked if there would be a problem adding that as a condition.
McCracken stated there would be no objection to that condition.
The Mayor closed the public hearing.
Council Member Engelbrecht motioned, Council Member Roden seconded to adopt the
ordinance with the condition that a drip line irrigation system be used for the newly planted
vegetation. On roll call vote Council Member King “aye”, Council Member Watts “aye”,
Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden
“aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, approving a Specific Use Permit (SUP) for an existing gas well drilling
and production facility on a property located within a Neighborhood Residential
Mixed Use (NRMU) zoning and use district on approximately 2.64 acres. The
subject property is generally located south of Airport Road, east of Interstate 35
West, and west of South Bonnie Brae Street; and providing for a penalty in the
maximum amount of $2,000.00 for violations, thereof, severability and an
effective date. (S09-0007) The Planning and Zoning Commission recommends
approval (5-2).
Mark Cunningham, Director of Planning and Development, stated that the property had two
existing wells and a tank battery located on the site. There are no records showing that the city
issued permits for the operation of gas well drilling and production for this location. According
to the applicant, the site was developed without permit by the previous operator, Darkhorse
Operating due to a prior determination by the City in 2004 that the property was under the
jurisdiction of the University of North Texas and that City permits were not required. In 2009
the property was acquired by Eagle Ridge and they applied for a specific use permit to allow
City of Denton City Council Minutes
January 10, 2012
Page 21
drilling and production activities on the site. As the application for the specific use permit was
submitted in 2009 regulations in Phase 1 did not apply as the drilling rights were vested prior to
those regulations. As this was a request for a specific use permit, staff was applying many of the
current standards as conditions of approval. The Planning and Zoning Commission and the
Development Review Committee approve the request with conditions.
Council Member Roden questioned how the conditions were determined.
Cunningham stated because the request was for a specific use permit, current conditions could be
added and implemented. The 2010 regulations could not be used as the application was done in
2009.
Council Member Roden questioned who discovered that the property did not belong to UNT.
The agenda information sheet stated that the City found the error but other parts of the backup
indicated that Eagle Ridge discovered the error.
Cunningham stated that Eagle Ridge had submitted an application for a specific use permit and
in reviewing the application found a statement that the property was not under city jurisdiction.
After Eagle Ridge applied for the specific use permit, staff determined the property was not
owned by UNT.
Council Member Gregory asked why the Type B buffering was not required on the southern side.
Cunningham stated that a buffer was required between uses and as there was no development on
the southern side, buffering was not required..
Council Member Gregory stated that a mistake was made in 2004. He asked if there was
something in place today to make a similar mistake less likely.
Cunningham replied stated that the City now had a gas well drilling application. While the City
asked for both the surface rights owner and the drilling rights owner, it could not require the
surface right owner to disclose the drilling rights owner.
Council Member Gregory stated that he wanted to make sure this type of mistake did not happen
again and what could be done to verify the owner.
Cunningham stated that staff asked for information relative to the surface owner and if that was
not provided, did research for the ownership as listed. If the mineral rights owner made an
application to develop the minerals, the City could not require the consent of or to provide the
surface owner information. The City could ask but not require that information per State law.
Council Member Roden questioned why action was not taken about the well as it was not
permitted.
Cunningham stated that the prior application was made to the City and it was determined that the
property was not under city jurisdiction but rather UNT. However, in 2009 the new property
owner determined it was not UNT property and came to the city for a permit. At that time, the
City of Denton City Council Minutes
January 10, 2012
Page 22
property had changed hands and the offended party was no longer the property owner and the
offended party was acting on information from the City. He indicated that whenever a violation
was found, a citation was issued and then went to the prosecutor for processing.
The Mayor opened the public hearing.
Lee Allison, applicant, presented several of their proposed conditions. They offered a concrete
or masonry fence around the facility but would like to postpone it for three years. He reviewed
the steps to the proposed gas well permit and reviewed the background history of the property.
Council Member Gregory asked about the height of tank batteries.
Allison stated they were 10 feet.
Mayor Burroughs asked about directional drilling under the property.
Cunningham stated that there was a possibility of redrilling the wells with horizontal drilling and
the addition of one or two more wells.
Allison stated that the specific use permit was for the two existing wells. Any new wells would
require a new specific use permit.
Council Member Roden asked if UNT knew of the drilling site.
Cunningham stated that UNT had just signed a new oil and gas lease.
Council Member Roden asked if the 1000 foot setback requirement could be added for future
wells.
Cunningham replied that could not be done.
Council Member Roden asked if the applicant could wait six months until the new regulations
for Phase 2 were in place.
Allison stated that they would first have to look at their vested rights as they had vested rights
and would continue to pursue those. He was not sure what the rational would be to require 1000
foot setback when the situation was that the wells were existing. He questioned how that could
be accomplished. They would be waiting to implement the same rules.
Council Member Engelbrecht asked if staff had requested the division orders.
Allison stated that they had just received that information yesterday. There was some
confidential information concerning Eagle Ridge and some with the Rayzor information. They
were willing to work with City in that regard.
Council Member Engelbrecht asked if Eagle Ridge investigated the division orders prior to
operating the wells.
City of Denton City Council Minutes
January 10, 2012
Page 23
Cunningham stated that the division orders would only tell the mineral ownership and not the
surface ownership.
Council Member Engelbrecht indicated that statement had been made regarding the reworking of
the wells and of possible other wells. He questioned the future plans in terms of each of those
operations.
Cunningham stated that there was the capability of reentering the wells and doing different
directional drilling.
Council Member Engelbrecht asked about other Dark Horse wells that Eagle Ridge had acquired
and how those well got into city compliance.
Cunningham indicated that those wells did not have any city permits and went Eagle Ridge
applied for the correct permits to get them back into compliance with city of Denton.
The following individuals spoke during the public hearing:
Phyllis Wolper, 412 Ridgecrest Circle, Denton, 76205 - opposed
Ed Soph, 1620 Victoria Drive, Denton 76209 - opposed
Derrick Murray, 4516 Rhone Drive, Denton 76226 - opposed
Comment cards were submitted by the following:
Alana Presley, 601 Crescent, Denton, 76201 - opposed
Amber Briggle, 1315 Dartmouth, Denton, 76201 - opposed
Clinton McBride, 1400 N. Elm, Denton, 76201 - opposed
The Mayor closed the public hearing.
Council Member Watts asked when the other two or three wells were brought into compliance.
Cunningham stated it was within one to six months ago.
Council Member Watts asked about the cause of the delay for this proposed well.
Allison stated that there were two wells on the site and at the time, Eagle Ridge did not own both
of them. Also Eagle Ridge was previously another company and that also slowed the process.
The well was operating with no problems and the enforcement environment at that time did not
have the attention that was needed here.
Council Member Watts stated that it had been suggested that additional wells outside of
reworking the current one might happen. He questioned if there were additional wells if Eagle
Ridge acquired any subsequent wells would those be subject to the ordinance at time of the
application.
City of Denton City Council Minutes
January 10, 2012
Page 24
Cunningham stated that any new wells would be subject to the new regulations.
Council Member Watts felt that Eagle Ridge purchased the gas wells and then found that they
were not in compliance. They came in for a specific use permit but somehow there was
difficulty with that process. The wells were currently operating and now fall between an old and
a new ordinance. The new ordinance regulations don't apply to this specific use permit. These
wells were existing wells and he had difficulty applying a setback that would make them in
violation for an existing well.
Mayor Burroughs asked for a general response from the applicant to the suggestion to wait until
the new Phase 2 regulations were in place. Not that it impacted the wells but were open issues
such as if going to rework the wells.
Allison stated as long as the wells could operate as non-conforming uses during that time period.
City Attorney Burgess stated that Council could continue this item similar to other gas well item
to the meeting after consideration of the Phase 2 provisions. There would be a continuation of
operation whether or not the city felt a need to enforce. Under the circumstances she would
suggest the wells be allowed to operate in non-confirming status.
Allison stated that he understood that fracking and reworking were operational and not land
development activities. Land development was the current issue.
Council Member Gregory stated that the wells were already there before the dorms were built so
UNT probably did not mind that the wells were operating.
Council Member Gregory motioned, Council Member Roden seconded to postpone
consideration until the meeting following the passage of the Phase 2 gas well ordinance with the
wells continuing to operate as a non-conforming use. On roll call vote Council Member King
“aye”, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member
Engelbrecht “aye”, Council Member Roden “aye”, and Mayor Burroughs “aye”. Motion passed
unanimously.
Resolution No. R2012-001
C. Hold a third public hearing and consider recommendations regarding the
preferred alignment of the portion of the Denton Municipal Electric Northeast
Denton Transmission Line Re-Build Project running from the King's Row
Substation to the Denton North Interchange; and consider a resolution of the
City Council of the City of Denton, Texas regarding establishment of the route
for this section of the Denton Municipal Electric Northeast Denton Transmission
Line Re-Build Project; and providing an effective date.
Phil Williams, General Manager-DME, presented an update on the project. Significant activities
to date included the project approved in the CIP budget, several neighborhood meetings, updates
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to the City Council and two prior public hearings. At the November 15 council meeting,
Council approved the purple route and requested additional information concerning alternate
routes. In December staff presented those alternatives. A review of Options A, B, and C was
City of Denton City Council Minutes
January 10, 2012
Page 25
presented. Route evaluation factors included impact on homeowners, cost of easements, cost of
work in existing substations and transmission line construction cost. He provided a summary of
the cost. The Public Utility Board recommended approval of Option C.
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Council Member Gregory asked for a review of the December 20 public meeting.
Williams stated that over 75 people attended with the consensus for the approval of Option C.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Kathleen and Johnny Davis, 2620 Picadilly, Denton, 76209 - support of Option C
Sam Alexander, 3219 McReynolds, Sanger, 76266 - support of Option C
Dalton Allen, 1111 Lexington, Denton - provided another option for consideration
JB Haisler, owner of property – agreed with suggestion by Dalton Allen
Council Member Engelbrecht asked if this alternate route was suggested at the last public
meeting.
Haisler stated that he did not bring it up at that meeting.
Additional speakers included:
Jill Harley, Royal Acres Drive, Denton – support of Option C
Catherine Sikes, 117 Hercules, Denton, 76207 – support of Option C
Comment cards were submitted by the following:
Bob Spence, 2605 Huntington, Denton, 76209 – support of Option C
Jeanette Wohlslager, 2033 Cherrywood Lane, Denton, 76209 – support of Option C
Nona and Dan Muller, 2601 Sheraton Road, Denton, 76209 – support of Option C
Lloyd Darnell, 2625 Picadilly Lane, Denton, 76209 – support of Option C
Deanna Padgett, 2609 Sheraton Road, Denton, 76209 – support of Option C
David Creeach, 2017 North Lake Trail, Denton, 76201 – support of Option C
David Baldwin, 105 Meadow Lane, Denton, 76207 – support of Option C
The Mayor closed the public hearing.
Council Member Engelbrecht questioned the difference in right of way that would be needed.
Williams stated that the City already owned the water line easement in that area and was using
some of the street for the project.
Council Member Engelbrecht questioned looking at the new option up to where Option C went
back over the Loop.
City of Denton City Council Minutes
January 10, 2012
Page 26
Council Member Watts stated that he appreciated DME working with the neighborhoods. The
community participated in the process which was what was needed. He was not inclined to
delay Option C but felt there might be an opportunity for alternatives such as a larger buffer of
land on the back side of the property to get the line off the street side.
Williams indicated that any new option would involve a whole other group of homeowners. The
route that was picked was the one that would have the least affect on the homeowners. The City
would be reimbursing the landowner for the difference in property value with the line on his
property. Staff would work with the property owner to look at alternatives for a better placement
on his property.
Council Member Gregory stated that he was concerned about the new suggestion as the very
start of the project the intent was to have as little impact on as few homeowners as possible.
Someone had to be impacted; however, the new alternative suggested would impact 40 homes.
He felt Option C as proposed accomplished the intent to not impact homeowners.
Mayor Burroughs asked when the last portion of the line would be started.
Williams stated that they would be starting the process soon with the acquisition of the right-of-
way.
Mayor Burroughs suggested approving Option C and keeping discussions open with the property
owner for alternatives such as considering putting the line down the middle of the property.
Council Member Roden stated that he was concerned about putting the line down the back side
of all of those homes. He suggested keeping Option C as it was.
Council Member King suggested approving Option C as it was approve unless an alternative
could be worked out with the property owners
Council Member Gregory indicated that he did not like the line down the back of the homes.
Council Member King motioned, Council Member Gregory 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”, Council Member Roden “aye”, and Mayor
Burroughs “aye”. Motion passed unanimously.
7. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Donna F. Woodfork regarding new development.
Ms. Woodfork was not present at the meeting.
City of Denton City Council Minutes
January 10, 2012
Page 27
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.
Mayor Burroughs asked for an update on the number of parking enforcement officers the city
might be acquiring and their specific job requirements. He also asked for an update on the range
of fines for parking compared to other cities.
Council Member Gregory requested an item on the January 31st Planning Session regarding
training on parliamentary procedures for continuing, tabling and postponing.
Council Member Gregory stated that Phase 2 of the gas well rewrite should be completed in
March. He suggested instituting a moratorium on specific use permits and gas well permits and
st
that the topic also be included during the January 31 Planning Session and scheduled for
th
consideration on the February 7 meeting.
Council Member Watts indicated that Myra Oliver had resigned from the Animal Shelter
Advisory Board. This was his nomination and he would be bringing forward a nomination in the
near future. He also agreed with a potential moratorium.
Council Member Roden agreed with a moratorium. He invited the public to share in the Martin
Luther King, Jr. activities this weekend and on Monday.
Council Member Engelbrecht stated that he also agreed with a moratorium. He asked if Atmos
could provide a percentage of compressor time resulting from the additional well.
Council Member Engelbrecht suggested a moratorium on tickets for cars parked too close to
crosswalks until the areas were marked.
City of Denton City Council Minutes
January 10, 2012
Page 28
Council Member Watts requested staff investigate uninhabitable structures and follow up with
proper remedies.
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.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 11:04 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS