October 02, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
October 2, 2012
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, October 2, 2012 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht,
Mayor Pro Tem Kamp, Mayor Burroughs
ABSENT: Council Member King, Council Member Roden
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for October 2, 2012.
Council Member Watts stated that the ordinance on the agenda concerning chickens prohibited
roosters even within a 150’ setback.
Scott Fletcher, Captain Denton Police Department, stated that chickens were separated out from
other fowl and set the prohibition of roosters and the number of chickens together for clarity of
the ordinance. The approach to the ordinance would be complaint driven.
Council Member Watts stated that if people had them now and there were no complaints about
the roosters, he would prefer to leave the rooster issue as it currently was at 150 foot setback as
that had worked in the past. The current ordinance would deprive people who already had that
use and they would have to get rid of their roosters.
Consensus of the Council was to allow the roosters in the 150 foot setback and to put that
language back in the ordinance.
Council Member Watt questioned Consent Agenda Item N in terms of the intent of the PID
versus 380 agreement reimbursement. It was his understanding that an amendment would be
done to the 380 agreement that a PID project would not be eligible for 380 funding. If that was
the intent between the two, he would suggest putting that language in the resolution also so it
corresponded with the 380 agreement.
City Manager Campbell stated that the resolution this evening would merely call for the holding
of a public hearing.
Linda Ratliff, Director of Economic Development, stated that an ordinance on the Council’s
th
November 6 agenda would create the actual district.
City Manager Campbell stated that the suggested wording would be in the ordinance and in the
380 agreement.
Council Member Engelbrecht expressed concern regarding the issuance of the terms for 40 years
for Consent Agenda Item N. Unless there were strong arguments for the 40 year terms, he would
not support 40 years. Malls did not last 40 years and he would not be in favor of that amount of
time.
City of Denton City Council Minutes
October 2, 2012
Page 2
Ratliff stated that normally PIDS ran the same length as the bonds which were 25-30 years.
Forty years was the maximum included in the request but the phases would be set by the bond
indebtedness when approved at that time.
Mayor Burroughs expressed appreciation for staff considering a local preference for Item H.
Following the completion of the Work Session, the Council convened in Closed Session at 5:15
p.m. to consider the following.
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071;
and 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 acquisition of two tracts of fee lands for
public purposes situated in the Gideon Walker Survey, Abstract Number
1330, in the City of Denton, Denton County, Texas, generally located in
the 650 and 1000 blocks of South Mayhill Road. Consultation with the
City's attorneys regarding legal issues associated with the acquisition or
condemnation of the tracts referenced 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 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
proceedings or potential litigation regarding expanding and improving
the City of Denton Landfill, a permitted municipal solid waste disposal
facility.
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 T.M. Downing Survey, Abstract No.
346, City of Denton, Denton County, Texas, and located generally
along the south side of East McKinney Street, approximately 0.3 miles
east of Woodrow Lane. Consultation with the City's attorneys regarding
legal issues associated with the potential acquisition and condemnation
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.
3. Discuss, deliberate and receive information from staff and provide
staff with direction pertaining to the potential purchase of two tracts of
land, located in the David Davis Survey, Abstract Number 356, City
City of Denton City Council Minutes
October 2, 2012
Page 3
of Denton, Denton, County, Texas, and located generally along the
west side of Tom Cole Road, across 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.
Regular meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers of
City Hall.
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. Employer of the Year for People with Disabilities
Mayor Burroughs presented the proclamation for Employer of the Year for People with
Disabilities.
2. National Disability Employment Awareness Month
Mayor Burroughs presented the proclamation for National Disability Employment Awareness
Month.
3. Fire Prevention Week
Mayor Burroughs presented the proclamation for Fire Prevention Week.
3. CONSENT AGENDA
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the amended ordinance for Item N to
include roosters. On roll call vote: Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs – “aye”. Motion carried
unanimously.
Resolution No. R2012-033
A. Consider approval of a resolution allowing Metzler's Food and Beverage, Inc. to
be the sole participant allowed to sell alcoholic beverages at the Friday Nite
City of Denton City Council Minutes
October 2, 2012
Page 4
Bites! Denton Foodie Truck Festival, located at 604 E. Hickory Street, Friday,
October 26, 2012, upon certain conditions; authorizing the City Manager or his
designee to execute an agreement in conformity with this resolution; and
providing for an effective date. Staff recommends approval of Metzler's Food
and Beverage's request.
Ordinance No. 2012-254
B. Consider adoption of an ordinance of the City of Denton, Texas amending the
provisions of Chapter 17 by amending Sections 17-184, 17-187, 17-189, and 17-
191 to correct cross reference errors; amending Section 17-187 to provide for a
new section title; amending Section 17-191 to provide for a limited judicial
review of demolition orders issued by the health and building standards
commission of the City of Denton, Texas; amending the provisions of Chapter
19 by amending Section 19-2 to provide for clear declaration of limited civil
jurisdiction already conferred upon the city's municipal court of record by state
law, and incorporated by municipal charter; providing a severability clause;
providing a savings clause; and providing an effective date.
Ordinance No. 2012-255
C. Consider adoption of an ordinance of the City of Denton, Texas, to declare the
intent to reimburse expenditures from the Unreserved Fund Balance of the
Airport Fund with certificates of obligation with an aggregate maximum
principal amount equal to $2,000,000 to allow the purchase of land for future
development of Airport property; and providing an effective date.
Ordinance No. 2012-256
D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager or his designee to execute (I) a Contract of Sale (herein so
called), as attached hereto and made a part hereof as Exhibit "A", by and
between the City of Denton, (the "City"), and Wells Fargo Bank, N.A., and
Billie Glosser, (collectively, as "Seller") contemplating the sale by Seller and
purchase by City of (A) a called 6.205 acre tract of land; and (B) a called
142.2252 acre tract of land (Collectively, the "Real Property"), for the
purchase price of One Million Five Hundred Thousand and No/100 Dollars
($1,500,000.00), said Real Property being generally located along the west side
of Tom Cole Road, across from the Denton Municipal Airport and located in
the David Davis Survey, Abstract Number 356, Denton County, Texas; and
(II) upon closing of the transaction contemplated by the Contract of Sale, a
Temporary Lease (herein so called) of the Real Property in favor of Billie
Glosser; authorizing the City Manager, or his designee, to execute and deliver
any and all other documents necessary to accomplish closing of the
transactions contemplated by the Contract of Sale; authorizing the expenditure
of funds therefor; and providing an effective date.
Ordinance No. 2012-257
E.Consider adoption of an ordinance of the City of Denton, Texas amending the
provisions of Chapter 6 by amending Section 6-26 to add provisions to allow the
keeping of chickens within the city limits of Denton with certain restrictions;
City of Denton City Council Minutes
October 2, 2012
Page 5
providing for a severability clause; providing for a savings clause; providing for a
penalty not to exceed $500 for violations of this ordinance; and providing for an
effective date.
Ordinance No. 2012-258
F.Consider adoption of an ordinance amending the Code of Ordinances of the City
of Denton, Texas by adding Section 26-12 thereto; providing for the imposition of
a lien on real property, other than homestead property, for delinquent municipal
utility bills for utility service to the real property; providing for a savings clause;
providing for a severability clause; providing for publication thereof; and
providing for an effective date. The Public Utilities Board recommends approval
(5-0)
Ordinance No. 2012-259
G.Consider adoption of an ordinance accepting competitive bids and awarding an
initial two year contract with the option to extend for three (3) additional one (1)
year periods for the purchase of park land maintenance products for the City of
Denton Parks Department; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4925-Two Year Contract for Park Land
Maintenance Products awarded to the lowest responsible bidder for each item as
shown on Exhibit A for an annual estimated expenditure of $65,000 and a five
year estimated total of $325,000).
Ordinance No. 2012-260
H.Consider adoption of an ordinance accepting competitive bids and awarding an
initial two year contract with the option to extend for three (3) additional one
(1) year periods for the purchase of irrigation parts and supplies for the City of
Denton Parks Department; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4928-Two Year Contract for Irrigation Parts
and Supplies awarded to the overall lowest responsible bidder meeting
specification, Longhorn, Inc., for an annual estimated expenditure of $50,000
and a five year estimated total of $250,000).
Ordinance No. 2012-261
I.Consider adoption of an ordinance accepting competitive bids and awarding a
best value, initial three (3) year contract, with the option to extend for two (2)
additional one (1) year periods, for asphalt and concrete street sections and
repair services for the City of Denton Street Department; providing for the
expenditure of funds therefor; and providing an effective date (Bid 4974-
awarded to Jagoe-Public Co. in the annual estimated expenditure of $1,500,000
and a five year estimated total of $7,500,000).
Ordinance No. 2012-262
J.Consider adoption of an ordinance finding that a public use and necessity
exists to acquire fee simple to a 5.140 acre tract, known as Lot 1, Block A, of
Mayhill Road Addition, an Addition to the extraterritorial Jurisdiction of the
City of Denton, Denton County, Texas, according to the Plat thereof recorded
in Cabinet Y, Page 761, Plat Records of Denton County, Texas, located in the
City of Denton City Council Minutes
October 2, 2012
Page 6
City of Denton and generally in the 650 block of South Mayhill Road (the
"Property Interests"), for the public use of expanding and improving the City
of Denton Landfill, a permitted municipal solid waste disposal facility;
authorizing the City Manager or his designee to make an offer to (1) Unified
Aircraft Service, Inc. (the "Owner"); (2) successors in interest to the Owner to
the Property Interests; or (3) any other owners of the Property Interests, as
may be applicable, to purchase the Property Interests for the purchase price of
Two Million Five Hundred Thousand Dollars and No Cents ($2,500,000.00),
as prescribed in the Contract of Sale (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure
of funds therefor; authorizing relocation expenditures; and providing an
effective date.
Ordinance No. 2012-264
K.Consider adoption of an ordinance finding that a public use and necessity
exists to acquire fee simple to a 2.124 acre tract, located in the Gideon Walker
Survey, Abstract No. 1330, in the City of Denton, Denton County, Texas,
being more particularly described on Exhibit "A", attached to the ordinance
and made a part thereof, and located generally on South Mayhill Road, north
of Gayla Drive (the "Property Interests"), for the public use of expanding and
improving the City of Denton Landfill, a permitted municipal solid waste
disposal facility; authorizing the City Manager or his designee to make an
offer to (1) Weldon Wilson and wife, Terri Wilson (collectively, the
"Owner"); (2) successors in interest to the Owner to the Property Interests; or
(3) any other owners of the Property Interests, as may be applicable, to
purchase the Property Interests for the purchase price of Eighty Eight
Thousand Seven Hundred Fifty One Dollars and No Cents ($88,751.00), as
prescribed in the Contract of Sale (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure
of funds therefor; and providing an effective date.
Ordinance No. 2012-264
L.Consider adoption of an ordinance finding that a public use and necessity
exists to acquire fee simple to an approximate 2.486 acre tract located in the
T.M. Downing Survey, Abstract Number 346, in the City of Denton, Denton
County, Texas as more particularly described on Exhibit "A", attached to the
ordinance and made a part thereof, located generally along the south side of
East McKinney Street, approximately 0.3 miles east of Woodrow Lane (the
"Property Interests"), for the public use of expanding and improving the
Denton Municipal Electric distribution and transmission system; authorizing
the City Manager or his designee to make an offer to (1) Gerard Roland Vela
and wife, Emma Lamar Vela (collectively the "Owner"); (2) successors in
interest to the Owner to the Property Interests; or (3) any other owners of the
Property Interests, as may be applicable, to purchase the Property Interests
for the purchase price of Two Hundred Eighty Six Thousand Four Hundred
Eighty Nine Dollars and No Cents ($286,489.00), and other considerations as
prescribed in the Contract of Sale (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "B"; authorizing the
City of Denton City Council Minutes
October 2, 2012
Page 7
expenditure of funds therefor; and providing an effective date. (69kV
Transmission Line Re-build Project)
Approved the minutes listed below
M.Consider approval of the minutes of:
August 21, 2012
August 27, 2012
August 28, 2012
September 5, 2012
Resolution No. R2012-034
N.Consider approval of a resolution of the City Council of the City of Denton,
Texas, accepting for filing a petition for the creation of Rayzor Ranch
Public Improvement District No. 1; ordering a public hearing to consider the
creation of the District; authorizing and directing the publication and
mailing of notices of the public hearing as required by law; and providing
for an immediate effective date.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider nominations/appointments to the City's Boards & Commissions:
1. Health & Building Standards Commission
2. Human Services Advisory Committee
3. Parks, Recreation and Beautification Board
4. Public Art Committee
Mayor Burroughs noted that there were no nominations for consideration at this meeting.
5. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Nell Yeldell regarding prescription medications for her disabled son.
Ms. Yeldell was not at the meeting.
6. 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
City of Denton City Council Minutes
October 2, 2012
Page 8
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 did not have any items.
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.
With no further business, the meeting was adjourned at 6:50 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS