March 6, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
March 6, 2012
After determining in Open Session that a quorum was present, the City Council of the City of
Denton, Texas convened in a Closed Session Monday, March 6, 2012 at 3:30 p.m. in the Council
Work Session Room.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem Kamp,
and Mayor Burroughs
ABSENT: None
1. Closed Meeting:
A.Consultation with Attorneys - Under Texas Government Code Section 551.071.
1.Consultation, discussion, deliberation, and receipt of legal information and
legal advice from the City's attorneys regarding a Local Preference
Purchasing Policy, where 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 clearly conflicts with Chapter 551 of the Texas
Government Code.
Item A. 1. was not considered in Closed Session.
2.Consult with City's attorneys regarding litigation strategy and the status of
Love's Travel Stops & Country Stores v. City of Denton, Cause No. 2010-
50304-367, currently pending in the 367th District Court of Denton
County.
C.Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code, Section 551.086; Consultation with Attorneys -
Under Texas Government Code, Section 551.071; Deliberations Regarding Real
Property - Under Texas Government Code, Section 551.072.
1. Receive a briefing from staff, discuss and deliberate regarding public
power competitive and financial matters involving the established route
for the Denton Municipal Electric Northeast Denton Transmission Line
Re-Build Project in the City of Denton, Texas; consult with the City's
attorneys regarding additional legal issues involved in said Project, where
a public discussion of these legal matters would conflict with the duty of
the City's attorneys to the City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas; and discuss,
deliberate and receive information from staff and provide staff with
direction regarding the value, location, acquisition or condemnation of
tracts of real property involved in the Denton Municipal Electric
Northeast Denton Transmission Line Re-Build Project.
Item C.1. was not considered in Closed Session.
City of Denton City Council Minutes
March 6, 2012
Page 2
Following the completion of the Closed Session at 4:02 p.m. Council considered the Work
Session items.
1. Citizen Comments on Consent Agenda Items
David Zoltner, 2501 Timber Trail, Denton, 76209 spoke on Item A and asked to have it pulled
from consideration. He also felt that the Closed Session item on DME did not have sufficient
notice for ot comply with the Open Meetings Act.
Mayor Burroughs noted that Item C.1. from the Closed Session would not be considered.
2. Requests for clarification of agenda items listed on the agenda for March 6, 2012.
Council Member Gregory asked about the effect of the amendment to the contract for Consent
Agenda Item 4A.
Paul Williamson, Real Estate and Capital Support Manager, stated that the original scope of the
contract contained 35 parcels. The schematic that was approved contained 42 tracts that would
be affected and the change in the scope with the change in alignment and number of parcels
necessitated the amendment in the contract.
Council Member Gregory stated that staff was still in the process of looking at other changes or
adjustments that might be needed to be made as they were working with the land owners and
questioned if there might be additional amendments at some point based on those adjustments.
Williamson stated that any changes would require an amendment to the contract.
Council Member Watts stated that Consent Agenda Item R would need to be pulled for separate
consideration as he had a conflict of interest with that item.
Mayor Burroughs asked about Consent Agenda Item 4K which dealt with a lease amendment at
the Airport. He questioned whether it was a sublease of US Aviation or a third fixed based
operator.
Quentin Hix, Airport Manager, stated that it was the actual fixed based operation of US Aviation
under the corporate name of Sykes Corporations.
3. Receive a report, hold a discussion, and give staff direction regarding the FY 2010-11
Comprehensive Annual Financial Report and annual audit.
Bryan Langley, Chief Finance Office, provided an overview of the Comprehensive Annual
Financial Report (CAFR.
The CAFR was comprised of three sections; the introduction, the financial and statistical section.
The report was designed to comply with GAAP/GASB guidelines with an emphasis on
City of Denton City Council Minutes
March 6, 2012
Page 3
transparency and disclosure. The GFOA awards program criteria also drove the presentation of
materials.
Financial presentation - governmental funds used a modified accrual and current financial
resources management focus. Proprietary funds used a full accrual accounting and economic
resources focus. Entity-wide presentation provided a consolidated view of the organization
using one basis of accounting. Individual fund level presentations were dictated based on
whether the funds were governmental or proprietary in nature.
Key Financial Information - net assets of the City totaled $6.25.1 million for the fiscal year
ended September 30, 2011. Net assets increased by $31.6 million in 2011. General fund
unassigned fund balance was $22.8 million which represented an increase of $2.9 million from
the prior year.
Audit comments – A single audit was conducted for state and federal grant awards and no
findings were noted. The City had received an unqualified or “clean” opinion from the audit
firm. There was a prior period adjustment of $10.7 million related to Regional Toll Revenue
funds. The funds were recognized as revenue at the time of receipt instead of being recorded as
deferred revenue. The effect was that revenue and fund balance was overstated in 2009-10 for
the Capital Projects fund. No RTR funds were misapplied. The management letter
recommended a more robust process for reviewing unusual transactions in the future and
Management agreed with the recommendation.
Jerry Gaither stated that Weaver and Tidwell had performed the audit and issued three reports
Those unqualified reports included an audit of the CAFR in accordance with generally accepted
auditing standards, a single audit which audited the City’s expenditures of State and Federal
grant awards, and an evaluation of the City’s internal control over financial reporting.
4. Receive a report, hold a discussion and give staff direction regarding:
a. An ordinance to amend the currently adopted 2009 International Energy
Conservation Code (IECC).
b. An ordinance to adopt the 2009 International Building Code (IBC), the 2009
International Residential Code (IRC), the 2009 International Plumbing Code
(IPC), the 2009 International Mechanical Code (IMC), and the 2009 International
Fuel Gas Code (IFGC) as amended by the City.
c. An ordinance to adopt the 2011 National Electrical Code (NEC) as amended by
the City.
Kurt Hansen, Building Official, presented information on the major changes for Subsections A,
B and C. He had been asked why the City was just now adopting the 2009 codes. The North
Central Texas Council of Governments had a number of advisory boards which reviewed the
codes and recommended local amendments. Working through that process took considerable
time.
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March 6, 2012
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Council Member Gregory asked who were the members of the advisory boards and how were
they appointed.
Hansen stated that they were building officials from cities in the area, state officials from the
Energy Conservation Office, and leaders of industry. Once the COG advisory board had
completed their review, cities then took the amendments and went through them one by one to
determine if that particular city wanted that amendment in their city's codes.
The 2009 International Building Code dealt with fire protection, balconies, and carbon monoxide
alarms.
Council discussed the changes concerning carbon monoxide alarms in terms of placement, kinds,
and situations when they would be needed.
The 2009 International Residential Code had one controversial area dealing with arc-fault
circuit-interrupter protection. The State had adopted the 2011 National Electrical Code as a
minimum standard. This would require all branch circuits to be protected by a combination type
arc-fault circuit interrupter installed to provide protection of the branch circuit in the house
except if there was a ground fault protector. Tamper resistant receptacles would be required in
the National Electrical Code approved by the State. In terms of the International Energy
Conservation Code, every house would have to be tested for the Energy Star program and on the
commercial side; a third party would verify that a building met the energy code.
Council Member Gregory asked if there were going to be any other opportunities for citizen
input regarding the code changes.
Hansen stated not at this time. Staff had held a meeting in January regarding the code changes
with 50 area professionals such as builders, contractors, plumbers, mechanical contractors,
architect, and engineers attending.
Mayor Burroughs reviewed an issue that a resident had with a prior code and asked if there were
provisions in the new codes to accommodate exceptions to the amendments.
Hansen stated that there were situations that might arise in all the different codes where the
bottom line was that the Building Official could make an assessment for a variation as long as it
was safe, etc.
5. Receive report, hold discussion, and give staff direction regarding the proposed adoption
of an ordinance amending Chapter 29 of the Code of the City of Denton, Texas, to
provide for the adoption of the International Fire Code, 2009 Edition.
Rick Jones, Fire Marshal, stated that the 2009 International Fire Code would replace the 2006
Fire Code. The codes were the cornerstone of fire prevention. There were three major changes
amending the current code.
The first major amendment dealt with the fire suppression side of the fire code and dealt with
self- storage facilities. Currently there were no codes that governed those facilities. The
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March 6, 2012
Page 5
proposed new language would require any new construction of self-storage facilities to install a
sprinkler system.
The second major amendment dealt with enclosed parking garages. The new requirement would
provide that automatic sprinkler systems would be installed for commercial multi-story enclosed
parking garages. This was a local amendment and was not involved in the International Fire
Code.
Council discussed the proposed amendments and received information on the proposals.
The last major amendment dealt with the installation of sprinkler systems in new buildings
outside 1.5 miles driving distance from the nearest fire station service. This requirement would
not involve remodeling; only on new construction.
Council Member Roden asked about a provision in which a structure were to be built outside the
1.5 mile area but in six months a fire station would be built in that same area and questioned if
there would be any consideration of that type of scenario.
Jones stated that a request for a variance could be taken to the Health and Building Standards
Commission.
Council Member King suggested a tiered proposal for smaller businesses.
Mayor Burroughs asked about water pressure and the possible need for more pressure in those
areas.
Jones stated that currently a structure could not be built if the minimum fire flow was not met.
Council Member Watts asked if there were other benefits to this proposal than lower insurance
benefits.
Jones stated that the primary rational was to mitigate loss of life and loss of property in the City
of Denton.
Mayor Burroughs stated that he would like to see possible alternatives either from the
community or council members and have another work session before considering the actual
ordinances.
City Manager Campbell stated that an item could be posted both for a work session and action
item for the next meeting if staff was ready to proceed at that time.
6.Receive a report, hold a discussion and give staff direction regarding the request for City
sponsorship of the Second Annual Susan G. Komen Race for the Cure to be held on
September 29, 2012, in South Lakes Park and surrounding neighborhoods.
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March 6, 2012
Page 6
Emerson Vorel, Director of Parks and Recreation, stated that the Komen Foundation had
requested sponsorship of event again this year. Last year the event was held primarily on the
UNT campus and surrounding area. This year, the event would be at South Lakes Park and
surrounding area. Staff was requesting direction on whether to sponsor the event this year. The
request was for the same level of sponsorship as last year which was an amount not to exceed
$10,000. In-kind services provided by the City last year included barricades for street closure,
police and EMS services. The Foundation was also asking for use of the park at no charge.
Consensus of the Council was to proceed as proposed.
7. Receive a report, hold a discussion, and give staff direction regarding the development of
a Local Preference Purchasing Policy.
This item was not considered.
Following the completion of the Work Session the Council continued the Closed Session to
discuss the following:
B.Consultation with Attorneys - Under Texas Government Code, Section 551.071;
Deliberations regarding Real Property - Under Texas Government Code, Section
551.072.
1.Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of 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.Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the O.S. Brewster Survey, Abstract No. 56, Denton
County, Texas, and located generally in the 1700 Block of Bonnie Brae
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.
City of Denton City Council Minutes
March 6, 2012
Page 7
3.Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the O.S. Brewster Survey, Abstract No. 56, Denton
County, Texas, and located generally in the 2200 Block of South Bonnie
Brae Street, City of Denton, Texas. Consultation with the City's attorneys
regarding legal issues associated with the potential acquisition of the real
property interests described above where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the City of
Denton and the 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.
Regular Meeting of the City of Denton City Council on March 6, 2012 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. Women Veterans Month
Mayor Burroughs presented the proclamation for Women Veterans Month.
2. 100th Anniversary of the Girl Scouts of America
Mayor Burroughs presented the proclamation for the 100th Anniversary of the Girl Scouts of
America.
3. American Red Cross Month
Mayor Burroughs presented the proclamation for American Red Cross Month.
4. Surveyor's Week
Mayor Burroughs presented the proclamation for Surveyor's Week.
5. Presentation of Certificate of Achievement for Excellence in
Financial Reporting from the Government Finance Officers Association.
City of Denton City Council Minutes
March 6, 2012
Page 8
Bryan Langley presented the award stating that it represented the 26th year in a row that the
award was received by the City of Denton.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1)Dr. Bettye Myers concerning the Denton City County Day School request
for the addition of a cover over a concrete slab on their playground.
Dr. Myers presented information on their proposal to have a covering on their playground to
provide shade for the children at the school. She asked to have a variance for their playground
cover.
2) Bob Clifton regarding city elections.
Bob Clifton tried to present information concerning comments by Mayor Pro Tem Kamp but was
ruled out of order due to comments being directed to a single council member and not the
Council as a whole. He presented information concerning some of the 35 Conferette expenses
and bill that he felt were still owed.
4. CONSENT AGENDA
Mayor Burroughs noted that Item P and R would be pulled for separate consideration.
Council Member King motioned, Council Member Gregory seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item P and R. 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. 2012-047
A. Consider adoption of an ordinance by the City of Denton Texas, authorizing the City
Manager to execute Amendment No. One to a Professional Services Agreement with
AR/WS Texas, LP, for further services regarding the Procurement and Delivery of Land
Rights for the Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project; authorizing the expenditure of funds therefor in an
amount not-to-exceed $63,600; and providing an effective date (File 4744-aggregating
not-to-exceed $445,400). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2012-048
B. Consider adoption of an ordinance authorizing the City Manager or his designee to
execute a Professional Services Agreement (PSA) with Wallace, Roberts and Todd, LLC
for Consulting Services relating to a Comprehensive Plan Update for the City of Denton
City of Denton City Council Minutes
March 6, 2012
Page 9
Planning Department, and providing for an effective date (File 4672-Comprehensive
Plan Update awarded to Wallace, Roberts and Todd, LLC in the amount of $628,500).
Ordinance No. 2012-049
C. Consider adoption of an ordinance accepting competitive bids and awarding a four year
contract for the purchase of traffic signs and accessories for the City of Denton Traffic
Department; providing for the expenditure of funds therefor; and providing an effective
date (Bid 4844-Four Year Contract for traffic signs and accessories awarded to the
lowest responsible bidder meeting specification in the unit price amounts shown on
Exhibit A for an annual estimated expenditure of $100,000 and a four year estimated
total of $400,000).
Ordinance No. 2012-050
D. Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the purchase of water treatment chemicals for the City of Denton Water
Treatment Plant; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4890-Annual Contract for water treatment chemicals awarded to the
lowest responsible bidder meeting specification in the unit price amounts shown on
Exhibit A for an annual estimated expenditure of $820,000). The Public Utilities Board
recommends approval (6-0).
Approved the request below.
E. Consider a request for an exception to the noise ordinance for the purpose of performing
live music during house concerts hosted by Cassandra Fuhrmann. The house concerts
will be located at 616 Woodland Street, beginning at 5:00 p.m. and concluding at 8:00
p.m., on the following Sundays: March 25, April 22, May 27, August 26, September 23,
and October 28, 2012. This request is for an increase in decibels from 65 to 69 and for
amplified sound on Sundays. Staff recommends approving the noise exception request.
Ordinance No. 2012-051
F. Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
approving a grant application from Bryan Korba, representing JDFIU Texas Building,
LLC, from the Downtown Reinvestment Grant Program not to exceed $25,000; and
providing for an effective date. The Economic Development Partnership Board
recommends approval (6-0-1).
Ordinance No. 2012-052
G. 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 Bill Davidson for the property located at 4824 Lockheed, Denton
Municipal Airport; and providing an effective date. The Council Airport Committee
recommends approval (3-0).
Ordinance No. 2012-053
H. 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 Hangars Plus, L.L.C. for the property located at 4846 Lockheed,
City of Denton City Council Minutes
March 6, 2012
Page 10
Denton Municipal Airport; and providing an effective date. The Council Airport
Committee recommends approval (3-0).
Ordinance No. 2012-054
I. 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 Hangars Plus, L.L.C. for the property located at 4888 Lockheed,
Denton Municipal Airport; and providing an effective date. The Council Airport
Committee recommends approval (3-0).
Ordinance No. 2012-055
J. 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 David Smith for the property located at 4862 Lockheed, Denton
Municipal Airport; and providing an effective date. The Council Airport Committee
recommends approval (3-0).
Ordinance No. 2012-056
K. Consider adoption of an ordinance authorizing the City Manager, or his designee, to
execute on behalf of the City of Denton a Third Amendment to an Airport Lease
Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended by
Ordinance 2009-323 dated December 15, 2009 and amended by Ordinance 2010-193
dated August 17, 2010 between the City of Denton, Texas and Sykes-Vaughn
Investments, LLC, which includes among other provisions the right to sell aviation fuel
to the public for a fuel flowage fee and to provide commercial hangar and tie-down
service at the Denton Municipal Airport for real property located at 4600 Taxiway "H";
and, providing an effective date. The Council Airport Committee recommends approval
(3-0).
Ordinance No. 2012-057
L. Consider adoption of an ordinance authorizing the City Manager, or his designee, to
execute on behalf of the City of Denton a Fourth Amendment to an Airport Lease
Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended by
Ordinance 2009-323 dated December 15, 2009 and amended by Ordinance 2010-193
dated August 17, 2010 and amended by Ordinance dated March 6, 2012 between the City
of Denton, Texas and Sykes-Vaughn Investments, LLC, which includes among other
provisions the right to sell aviation fuel to the public for a fuel flowage fee and to
provide commercial hangar and tie-down service at the Denton Municipal Airport for
real property located at 4703 Spartan Drive; and, providing an effective date. The
Council Airport Committee recommends approval (3-0).
Approved the minutes listed below.
M. Consider approval of the minutes of:
January 31, 2012
February 6, 2012
February 7, 2012
City of Denton City Council Minutes
March 6, 2012
Page 11
Ordinance No. 2012-058
N.Consider adoption of an ordinance abandoning and vacating a utility easement reserved
by the City of Denton, Texas in (i) that certain Quitclaim, dated on or about January 16,
1979, from the City of Denton to W.D. Gaston, recorded in Volume 934, Page 669, Real
Property Records, Denton County, Texas; and (ii) that certain Quitclaim, dated on or
about January 16, 1979, from the City of Denton to Eva Inez Giles, recorded in Volume
934, Page 667, Real Property Records, Denton County, Texas, said utility easement
located in the E. Puchalski Survey, Abstract No. 996, Denton County, Texas; and
declaring an effective date.
Ordinance No. 2012-059
O.Consider adoption of an ordinance abandoning and vacating a portion of a drainage
easement granted to the City of Denton, Texas pursuant to that certain drainage
easement, accepted by the City of Denton, March 15, 2007, from D.R. Horton - Texas,
Ltd., and recorded as instrument No. 2007-30855, Real Property Records, Denton
County, Texas, said drainage easement located in the William Roark Survey, Abstract
No. 1087, Denton County, Texas; and declaring an effective date.
Ordinance No. 2012-060
Q.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) a utility and slope easement encumbering a 0.02 acre tract and a 0.03 acre
tract, and (II) a temporary construction, grading and access easement, encumbering a
0.06 acre tract and a 0.02 acre tract, all tracts located in the City of Denton, Denton
County, Texas, and situated in the O.S. Brewster survey, abstract number 56, City of
Denton, Denton County, Texas, as more particularly described on exhibit "A", to the
referenced ordinance, located generally in the 1700 block of south Bonnie Brae street
(the "Property Interests"), for the public use of expanding and improving Bonnie Brae
road, a municipal street and roadway; authorizing the city manager or his designee to
make an offer to Bettye L. Martin to purchase the property interests for the purchase
price of seven thousand sixty nine dollars and no cents ( $7,069.00 ), and other
consideration, as prescribed in the easement purchase agreement, attached to the
referenced ordinance; authorizing the expenditure of funds therefore; and providing an
effective date.
Ordinance No. 2012-062
S.Consider adoption of an ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a second amendment to an agreement for
professional legal services with Wolfe, Tidwell & McCoy, LLP for professional legal
services relating to pending litigation styled Love's Travel Stops and Country Stores v.
City of Denton, Cause No. 2010-50304-367, filed in the 367th District Court of Denton
County, Texas; authorizing the expenditure of funds therefor in an amount not to exceed
$185,000; and providing an effective date.
Item P was considered.
Ordinance No. 2012-063
P. Consider adoption of an ordinance authorizing the City Manager or his designee
City of Denton City Council Minutes
March 6, 2012
Page 12
to execute a contract for sale of real estate (the "contract"), by and between the
City of Denton, Texas as buyer and Denton County, Texas, as seller,
contemplating the sale to and purchase by the City of Denton of an approximate
2.0 acre tract of real property in the Hiram Sisco Survey, Abstract No. 1184,
Denton County, Texas, located generally at the corner of McKinney Street and
Oakland Street, City of Denton, Texas (the "property"), for the purchase price
(herein so called) of one million and no/100 dollars ($1,000,000.00); authorizing
the City Manager to execute and deliver any and all other documents necessary
to accomplish the closing of the transaction contemplated by the contract;
terminating the prior contract offer submitted by the City of Denton to Denton
County, Texas related to the property; authorizing the expenditure of funds
therefor; and providing for an effective date.
Council Member Watts stated that he had requested this item for separate consideration not
because he was opposed to purchasing the building but rather he was not in favor of the funding
mechanism. The funds for the purchase would be taken out of General fund dollars but he felt
they should come out of TIF funds to purchase the property. He questioned if the item would
return to Council for a decision on the funding.
City Manager Campbell stated that this ordinance would authorize the signing of the contract
with the Council with closing at a later date. The funds would be from the gas well funds and
not General Fund dollars. At this time, the project was not a TIF project.
Council Member Watts agreed that the funding was suggested to come from gas well funds but
questioned if Council’s voting would direct the funds to come from gas well money instead of
alternative funding.
City Attorney Burgess stated that the ordinance would authorize the execution of the contract
and any other documents for the closing of the transaction and would not come back to Council.
Mayor Burroughs stated that if the TIF Board wanted to acquire property for utilization as a
catalyst project, could it be purchased by the TIF Board as the funds accumulated.
City Manager Campbell that that if the TIF Board made a decision that the building was a capital
investment and funds were available it could make that purchase. He did not know when there
would be enough funds in the TIF for such a purchase.
Council Member Watts stated that there was a specific monetary figure associated with the TIF
dollars and once that amount was achieved he would suggest that a modification of the policy
and designate the property specifically as a TIF project. The City was advancing the TIF money
and instead of paying back that money, the City could reduce the amount of the total fund by $1
million. The Council had gone through a process to identify the TIF and specific projects as
catalyst projects and this was specifically one of those projects. His suggestion would be to back
down the total TIF allocation in terms of the dollars for the project.
Mayor Pro Tem Kamp stated that the TIF Board was made up of citizens and those citizens
decided the projects. She questioned if it would be legal to reduce the total allocation as
City of Denton City Council Minutes
March 6, 2012
Page 13
suggested by Council Member Watts. She noted that the first $4-5 million was to be used for a
public parking lot.
City Attorney Burgess stated that a mechanism could be structured to allow that to happen.
Mayor Burroughs stated that he would like to try to keep capital funds in the non-airport gas well
fund for recurrent opportunities and felt that if and when there was the sale of the property that
the gas well funds be paid back to use for other types of similar projects. Wording could be
crafted that providing upon the sale of the property that the money would be refunded back to the
non-airport gas well fund which would accomplish both aspects. The money would go back into
the General Fund and not take down the TIF fund.
City Manager Campbell stated that when the decision was made to purchase the property,
Council never decided on the use. It could possibly be used for an expansion of city facilities, be
sold or used for an economic item. He would hate to make an assumption at this time that the
property would be sold. There could be an expression of preference that if the building were
sold, that the funds would be added back in.
Council Member Gregory stated that the item this evening was the contract to purchase the
property. It might be possible to come back at a future meeting and specify how to handle the
property. It would be appropriate at a future meeting to have a discussion on the intent that if the
property were sold what would happen to the proceeds. That was not contingent on this contract.
Mayor Burroughs stated that direction could be given to staff to bring the item back prior to
closing to discuss the issues of repaying the funding.
Mayor Pro Tem Kamp wanted to be sure this would not impact the contract with the County.
City Manager Campbell stated that the process would be to complete this transaction and
contract with the County and decide in the future what to do with the funding if the property
were sold. Those alternatives could be discussed internally.
Council Member Watts stated that his decision would be based on that internal discussion. The
vote at this meeting would lock in the purchase and the other issues would be decided later.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance and
bring back the item prior to closing for a funding discussion. On roll call vote, Council Member
King “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council
Member Roden “aye”, Council Member Watts “nay”, Mayor Pro Tem Kamp “aye”, and Mayor
Burroughs “aye”. Motion carried with a 6-1 vote..
Item R was considered.
Ordinance No. 2012-061
R. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire (I) fee simple to a .07 acre tract; (II) a utility and slope easement
encumbering a 0.07 acre tract; (III) a utility and drainage easement encumbering
City of Denton City Council Minutes
March 6, 2012
Page 14
a .01 acre tract; (IV) a drainage easement encumbering a .03 acre tract; (V) a
slope easement encumbering a 213 square foot tract; and (VI) a temporary
construction, grading and access easement encumbering a 0.08 acre tract, all
tracts located in the City of Denton, Denton County, Texas, and situated in the
O.S. Brewster survey, abstract number 56, City of Denton, Denton County,
Texas, as more particularly described on exhibit "A", to the referenced
ordinance, located generally in the 2200 block of south Bonnie Brae street (the
"Property Interests"), for the public use of expanding and improving Bonnie
Brae road, a municipal street and roadway; authorizing the city manager or his
designee to make an offer to Christopher M. Watts to purchase the property
interests for the purchase price of nine thousand three hundred twenty two
dollars and no cents ( $9,322.00), and other consideration, as prescribed in the
purchase agreement, attached to the referenced ordinance; authorizing the
expenditure of funds therefore; and providing an effective date.
Council Member Watts left the meeting with a conflict of interest.
Council Member Gregory motioned, Council Member Roden seconded to adopt the ordinance.
On roll call vote: Council Member King “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.
Council Member Watts returned to the meeting.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2012-064
A. Consider adoption of an ordinance amending the water conservation and drought
contingency plan of the City of Denton, Texas previously adopted by the city
council in Ordinance No. 2009-134 enacted on the 2nd day of June, 2009
regarding only sections 6.6 and 6.7 thereof; amending the drought and
emergency response stages of the water conservation and drought contingency
plan; amending the enforcement provisions of mandatory restrictions of the
water conservation and drought contingency plan; providing for the stages of
enforcement for violators of the plan; providing for administrative fees to be
charged to violators for certain violations of the plan; providing a criminal
penalty not to exceed $2,000 per violation of the plan; providing a civil penalty
not to exceed $1,000 per day per violation of the plan; providing civil legal
remedies for the City of Denton, Texas; providing a savings clause; providing a
severability clause; and providing an effective date.
Tim Fisher, Division Manager-Water Administration, reviewed the provisions of the plan. He
indicated that the major shift in the plan was a shift from voluntary irrigation restrictions in
Stages 1 and 2 to mandatory 2 day a week irrigation in Stage 1 and 1 day a week irrigation in
Stage 2; and from mandatory 2 day a week irrigation in Stage 3 to mandatory 1 day a week
th
irrigation by hand only. Based on Council input during the February 7 work session
City of Denton City Council Minutes
March 6, 2012
Page 15
presentation, staff revised the fee and fine system to be tiered by Drought Response Stage to
ensure effective penalties were in the Plan for more severe drought management stages. This
was intended to emphasize education in earlier drought stages, but emphasize enforcement in the
later drought stages.
Council Member Roden suggested citizens be made aware of resources to help with landscaping
in terms of Texas Smartscape and Keep Denton Beautiful for native plants, etc.
Council Member Engelbrecht motioned, Council Member King seconded to adopt the ordinance.
On roll call vote, Council Member King “aye”, Council Member Watts “aye”, Council Member
Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, Mayor Pro
Tem Kamp “aye”, Mayor Burroughs “aye”. Motion carried unanimously.
B. Consider appointments to the Citizen Advisory Committee for the proposed
2012 Bond Election.
Bryan Langley, Chief Financial Officer, stated that staff was proposing the development of a $20
upcoming bond election to address street maintenance. Staff was proposing the formation of a
bond committee to assist with street project priorities. Council had indicated a preference for a
21 member committee with 3 appointments per council member. Names would be forwarded to
the City Secretary who would compile the list of Council appointments. Interested citizens were
also encouraged to contact the City Secretary’s office.
Bob Clifton submitted a Speaker Card and questioned who the Council would appoint. He
displayed names of people who were listed on a Grand Jury and suggested those people not be
on the bond committee.
6.CONCLUDING ITEMS
Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the
A.
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.
Council Member Gregory requested a work session on the request by the Denton City County
Day School on their playground issue.
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March 6, 2012
Page 16
Council Member Gregory noted the Storytelling Festival was in progress.
Council Member Roden noted the 35 Denton music festival was scheduled to start soon.
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 8:01 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS