September 11, 2012 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 11, 2012
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 11, 2012 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, and Council Member Roden.
ABSENT: Mayor Burroughs.
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 September 11, 2012.
Council did not have any questions of clarification on agenda items.
3. Receive a report, hold a discussion and give staff direction regarding the City’s Healthy
Incentives Program for employees.
Scott Payne, Risk Manager, stated that the Healthy Incentives Program was started in 2010. At
that time employees had to complete a health risk assessment. He presented demographic
information regarding the total number of participants. Wellness scores for 2011 were 88.2 and
in 2010 were 85.4. The wellness scores were generated from three major components. Mortality
risks, health risks and preventive service compliance. Biometric data that was previously missing
was currently known by employees. He reviewed the Health Risk Status stratification.
Employee’s health risk status had gone done from 2010. The top population health risks
included body weight, blood pressure, stress, medication/drugs for relaxation, and illness days
which went down from 2010 to 2011. The Preventative Health Services that the employees were
in least compliance with were reviewed. The assessment looked at a closer look at tobacco use.
Other areas looked at included body mass index, presenteeism, and readiness to change. He
noted that engaged employees had a higher age/general factor than non-engaged. The numbers
showed that employees engaged in their health risks cost the city less than those non-engaged.
Council Member Watts asked about the increase in the current budget for $1.4 million. The
presentation stated that the reason was the wellness program and people involved who found out
they had previously unknown health issues. He asked about the breakdown of that cost based on
participants versus nonparticipants.
Scott stated that he would have to ask United Health Care if that information could be broken out
from the data.
Council Member King asked if there would a percentage where those costs would top out.
Scott stated that he did not have an answer to that. There would always be a group of employees
who would be engaged and always be a group that no matter what the incentive would not be
engaged.
City of Denton City Council Minutes
September 11, 2012
Page 2
Council Member King asked if there were enough employees participating to achieve the cost of
the clinic more than paying an outside source.
Scott stated they were still looking at the true tangible costs and what measures for employee’s
health. To date, the Employee Health Center had 3,641 office visits, 1,122 lab work only
appointments which resulted in 81% utilization and 759 employee health risk assessments
performed.
Council Member Roden asked about the statistics on the use of the recreation centers since 2010
in terms of employee usage.
Scott stated that staff might be able to track that information but did not have it at this time.
Employees were encouraged to use the recreation centers and attend the various exercise
functions offered at the centers.
4. Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax
Increment Reinvestment Zone for approximately 700 acres of land located north of Airport
Road in the City’s industrially zoned area.
Linda Ratliff, Director of Economic Development, stated that the July 17, 2012 meeting, Council
discussed the proposal to create a TIRZ in the industrial park located north of Airport Road. All
existing sites required some form of infrastructure improvement. Jim Christal and Western Blvd.
were not built to current Mobility Plan requirements. In addition, Jim Christal and Western
Blvd, currently did not have water or wastewater services. Of the 650 acres, only one 27 acre
tract had sufficient infrastructure to support a business location. The property owners anticipate
$10-11 million for infrastructure costs. The definition of a TIRZ was a district where public
infrastructures were needed to promote development. The proposed TIRZ was for 20 years with
a 40% city and county participation. There would also be an additional incentive to the land
owner for the location of a large CHP customer. She reviewed the revenues at 40% of the TIRZ.
The next steps included Council approval to move forward with the TIRZ. Staff would notice
the DISD and County for presentations.
Mayor Pro Tem Kamp stated that she had been discussing this program with the County and it
appeared that they were supportive of participating in the program.
Council Member Roden asked about additional incentives for a user of the Combined Heat &
Power Plant.
Ratliff stated that the TIRZ would be set at 40%. If the property owner brought in a large
industrial customer that would be a CHP user at the time of the company coming, there would be
an additional incentive of 20% for the property owners for the marketing of the CHP through a
380 agreement.
Council Member Roden asked how it would be determined who brought in the company for the
CHP and who would receive the additional incentive.
Ratliff stated that the end result was to get a CHP user and it could be determined at that point.
City of Denton City Council Minutes
September 11, 2012
Page 3
Council Member Roden asked about a development that was not interested in using the CHP but
wanted to locate in the area designated as CHP users.
Ratliff stated there were some areas designated as preferred CHP users. The property owners
had been notified that the City would like to reserve some that property for CHP users. Staff
needed time to go out and locate CHP users so some of the property was reserved for a three year
period. If the property owner had a user that was not a CHP user but the Council felt was one
that the City wanted to locate there, the designation of that site reserved for a CHP user would be
removed.
Council Member Gregory stated that the developer would put in the infrastructure costs and the
TIRZ would pay it back. The Economic Development Partnership Board had a discussion
regarding certified sites. He asked Ratliff to address certified sites and if any of the
infrastructure improvements would result in a certified site.
Ratliff stated that a certified site was one that was ready for development. All of the appropriate
zoning was in place, the infrastructure was in place and all that was needed would be to obtain a
building permit. Having the property owner providing the infrastructure would get the City
closer to having certified sites as the biggest portion of the certified site was having the
infrastructure in place.
Council Member Engelbrecht asked how the 40% was determined.
Ratliff stated that staff had many meetings with the Economic Development Partnership Board.
The Board looked at the amount and tried to determine the amount it would take to recoup the
costs.
Council Member Engelbrecht questioned the three year term and what the options were after the
three years a CHP user was not in place.
Ratliff stated that it took a while to develop a prospect and staff wanted to have the opportunity
and time to market the property and then have a deal in hand before starting to talk about
whether it was necessary to have a CHP area set aside.
Council Member Engelbrecht asked if there were any incentives for a developer to bring in the
kind of jobs that the City was wanting in terms of the TIRZ.
Ratliff stated that was the reason for the extra percentage for a CHP user as they were seen as a
large company with more employees and higher paying jobs.
Council Member Engelbrecht stated that he had a problem with a developer bringing in a
company with jobs that the City really didn’t want.
Ratliff stated that it not based on jobs; it was also based on valuation. If the City wanted an
industrial park and this was the area for that, by the City investing in it, it promoted it. This was
the only industrial property that the City had. It was a disadvantage to tell a potential user that
they would have to do the infrastructure improvements.
City of Denton City Council Minutes
September 11, 2012
Page 4
Council Member Watts stated that in terms of the infrastructure costs, there were still other roads
that might be necessary to infill the larger tracts. He questioned if those were part of this
proposal. He questioned if the build out value was based on build out for just the improvements
identified in the TIRZ or the presumed total build out of all of the interior secondary roadways.
Ratliff stated that she presumed it included the secondary roadways. The property owner
calculated what percentage might be warehouse, what percentage might be industrial or small
dense property and then calculated the cost per square foot. It all depended on the user and what
that user needed.
Council Member Watts discussed the Economic Development Partnership Board
recommendations. One was to allow an interest rate of 5% to accrue on the property owner’s
investment in the infrastructure. Another was to consider the possibility of selling TIRZ bonds at
such point that the TIRZ annual revenue was at a level that could more than sufficiently cover
the annual debt payment. He was comfortable with the 5% interest rate but was not very
comfortable with the TIRZ bonds. He would hope by next week to have some clarity on that
issue as he did not want to hold the land hostage for the three years. He was comfortable with
the proposal as it showed a true partnership with risks on each side.
Consensus of the Council was to proceed with the proposal and start the process.
5. Receive a report, hold a discussion, and give staff direction on the proposed revisions to
City Ordinance 6-26 (Keeping of Fowl) to allow for urban chickens.
Scott Fletcher, Captain-Denton Police Department, stated that the discussion of this issue started
in 2009 as a result of a citizen report. Research stated that the keeping of urban chickens was a
growing trend and there needed to be a balance of what to allow and what not to allow. The
proposed ordinance was from a citizen report which contained suggestions to change the
ordinance. Staff researched reasonable ways to accommodate urban chickens while not
infringing on neighbors. Problems associated with urban chickens included odors, noise, loose
animals and an increase in predators. The noise was addressed without limiting the number of
animals. The proposed ordinance would allow eight hens in single-family neighborhoods with
50 feet between the yard and the coop.
Council Member Gregory asked if the 50 feet was from another house.
Fletcher stated that it was from another structure.
Council Member Watts stated that the restriction was 50 feet from any residence. He felt there
needed to be a specific structure to a house.
Fletcher stated that almost all information encouraged a specific location within an enclosed
space rather than running loose in yards.
Council Member Watts stated that on any single piece of property there still would be a
restriction of eight chickens.
City of Denton City Council Minutes
September 11, 2012
Page 5
Fletcher stated that was correct. Some ordinances had a progressive number based on lot size
but that would be difficult to calculate how many animals to have without receiving complaints.
Council Member Watts asked what type of permitting would be required for construction of a
chicken coop.
Fletcher stated that those specifics were not known at this time.
Mark Cunningham, Director of Planning and Development, stated that the structure would be
considered an accessory structure if over 120 square feet and would require permit.
Council Member Roden stated that the distance was 50 feet from another structure and that a
fence was not considered a structure.
Fletcher stated that was correct.
Mayor Pro Tem Kamp asked if a registration and permit would be required.
Fletcher stated that registration would be required but there would be no fee. The registration
was so that it would be known where the chickens were.
Consensus of the Council was to proceed with the ordinance
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the following:
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with and provide direction to City’s attorneys regarding legal issues
and strategies associated with Phase I and proposed Phase II Gas Well
Ordinance regulation of gas well drilling and production within the City
Limits and the extraterritorial jurisdiction, including Constitutional
limitations, statutory limitations upon municipal regulatory authority,
moratorium on drilling and production and claims associated therewith,
including variance requests for relief from the moratorium, statutory
preemption and/or impacts of federal and state law and regulations as it
concerns municipal regulatory authority and matters relating to enforcement
of the ordinance.
B. Deliberations regarding Certain Public Power Utilities: Competitive Matters -Under
Texas Government Code Section 551.086.
1. Receive competitive public power information and related commercial
information from staff pertaining to the proposed operating budget for the
Denton Municipal Electric (DME) department for FY 2012-2013, including
without limitation, revenues, expenses, commodity volumes, electric power
City of Denton City Council Minutes
September 11, 2012
Page 6
pricing proposal information, system load characteristics, and commitments;
and discuss, deliberate, and consider adoption of the budget and provide
staff with direction regarding such matters.
2. Receive a report and a presentation from Denton Municipal Electric staff
regarding certain public power competitive and financial matters related to
the Request for Proposals No. 4859 issued by the City soliciting proposals
for a solar-generated energy facility or facilities for the City of Denton,
Texas; discuss, deliberate, provide staff with direction, consider and take
final action regarding such matters.
C. Consultation with Attorneys - Under Texas Government Code Section 551.071;
Deliberations regarding Real Property - Under Texas Government Section 551.072;
Deliberations regarding Certain Public Power Utilities: Competitive Matters -Under
Texas Government Code Section 551.086.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition of fee lands for public purposes
situated in the T.M. Downing Survey, Abstract Number 346, the M.E.P. &
P.R.R. Company, Abstract Number 927, and the M.E.P. & P.R.R. Company,
Abstract Number 1475, all in the City of Denton, Denton County, Texas;
and 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 Rules of Disciplinary Conduct of the State Bar of Texas, or would
jeopardize the City’s legal position in any administrative proceedings or
potential litigation; and receive competitive public power information and
competitive financial information from staff regarding plans, proposals for
system improvements regarding transmission and distribution systems, and
marketing strategies regarding Denton Municipal Electric ("DME"), and
discuss, deliberate, provide staff with direction regarding such matters.
D. Consultation with Attorneys - Under Texas Government Code Section 551.071;
Deliberations regarding Real Property - Under Texas Government Section 551.072.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition of real property interests located
(1) in the M.E.P. & P.R.R. Company, Abstract Number 927, located
generally in the 500 block of North Mayhill Road; and (2) in the M.E.P. &
P.R.R. Company, Abstract Number 1469, located generally in the 1500
block of North Mayhill Road, all in the City of Denton, Denton County,
Texas; and 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.
City of Denton City Council Minutes
September 11, 2012
Page 7
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
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. Blood Cancer Awareness Month
Mayor Pro Tem Kamp presented the proclamation for Blood Cancer Awareness Month.
2. Constitution Week
Mayor Pro Tem Kamp presented the proclamation for Constitution Week.
3.BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION
Bryan Langley, Assistant City Manager, presented information on Items A-D. He indicated that
they were all related to the budget. Item 3A approved the tax rate which was the same tax rate as
the current fiscal year. It also increased the over 65 tax exemption to $45,000 for 2012-13 and
would be $50,000 the following year. Item 3B approved the tax rolls. Item 3C approved the
2012-13 budget. Item 3D ratified approval of the budget which was required by the State Tax
Code.
Ordinance No. 2012-191
A. Consider adoption of an ordinance of the City of Denton, Texas, levying the ad
valorem property tax of the City of Denton, Texas, for the year 2012, on all taxable
property within the corporate limits of the City on January 1, 2012, and adopting a
tax rate of $0.68975 per $100 of valuation for 2012; providing revenues for
payment of current municipal maintenance and operation expenses and for payment
of interest and principal on outstanding City of Denton debt; providing for limited
exemptions of certain homesteads; providing for enforcement of collections;
providing for a severability clause; and providing an effective date.
Council Member Engelbrecht motioned, Council Member King seconded that the property tax
rate be increased by the adoption of a tax rate of $0.68975, which is effectively a 1.4 percent
increase in the tax rate. On roll call vote, Council Member King "aye", Council Member Watts
"aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem
Kamp "aye", and Council Member Roden "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 11, 2012
Page 8
Ordinance No. 2012-192
B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2012
tax rolls; and providing an effective date.
Council Member Watts motioned, Council Member Gregory 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", Mayor Pro Tem Kamp "aye", and Council
Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-193
C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal
Year 2012-13 Annual Program of Services (Budget) and the Capital Improvement
Program of the City of Denton, Texas, for the fiscal year beginning on October 1,
2012, and ending on September 30, 2013; and declaring an effective date.
Council Member Gregory motioned, Council Member Engelbrecht 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", Mayor Pro Tem Kamp
"aye", and Council Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-194
D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the
adoption of the Fiscal Year 2012-13 Annual Program of Services (Budget) and the
Capital Improvement Program of the City of Denton, Texas, for the fiscal year
beginning October 1, 2012, and ending on September 30, 2013 when the Budget
will raise more revenue from property taxes than last year’s budget; and providing
an effective date.
Council Member King motioned, Council Member Engelbrecht 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", Mayor Pro Tem Kamp "aye", and Council
Member Roden "aye". Motion carried unanimously.
4.BUDGET CONSENT AGENDA
Council Member Engelbrecht motioned, Council Member King seconded to the Budget Consent
Agenda. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and
Council Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-195
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
A.
Manager or his designee, to enter into an Interlocal Agreement with Denton County
for the County to provide property tax billing and collection services for the City of
Denton; providing a savings clause and providing an effective date.
City of Denton City Council Minutes
September 11, 2012
Page 9
Ordinance No. 2012-196
B. Consider adoption of an ordinance approving an agreement between the City of
Denton, Texas, and the Denton Chamber of Commerce regarding an Economic
Development Partnership; and providing an effective date ($226,259).
Ordinance No. 2012-197
C. Consider adoption of an ordinance awarding a contract for the purchase of Software
Maintenance for continued vendor support of the Oracle EnterpriseOne (formerly
PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld) software as awarded
by the State of Texas Department of Information Resources (DIR) through the Go
DIRect Program, Contract Number DIR-VPC-03-018; providing for the expenditure
of funds therefor; and providing an effective date (File 3100-Purchase of Annual
Maintenance for Oracle EnterpriseOne Software Package awarded to Oracle USA,
Inc. in the amount of $131,358.91).
Ordinance No. 2012-198
D. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Service Access and Support for 3G (third-generation) and
4G/LTE (Long Term Evolution) Wireless Computer Network from the State of
Texas Department of Information Resources contract (DIR-SDD-1777) for laptops
and cell phones used by City of Denton personnel; providing for the expenditure of
funds therefor; and providing an effective date (File 5035-Purchase of Annual
Service Access for 3G/4G/LTE awarded to AT&T Mobility in the estimated amount
of $72,000).
Ordinance No. 2012-199
E. Consider adoption of an ordinance approving the expenditure of funds for Wireless
Communication Services as approved by the State of Texas Department of
Information Resources (DIR) under DIR Sprint/Nextel contract, DIR-SDD-1780;
providing for the expenditure of funds therefor; and providing an effective date (File
5036-Purchase of Annual Wireless Communication Services for Sprint Air Cards
and Cell Phones awarded to Sprint/Nextel Network, Inc. in the estimated amount of
$105,408).
Ordinance No. 2012-200
F. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Maintenance for Harris Public Utility Billing System and associated
Software Modules available from only one source in accordance with Texas Local
Government Code 252.022, exempting such purchases from requirements of
competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 4735-Purchase of Maintenance for Harris Public Utility Billing
to Harris Computer Systems Inc., in the annual amount of $106,421.34 with a two
year option to renew for an estimated three year total of $326,828.02).
City of Denton City Council Minutes
September 11, 2012
Page 10
Ordinance No. 2012-201
G. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of annual maintenance for Interactive Voice Response and Outage
Management System and associated software modules for Denton Municipal
Electric (DME) utility available from only one source in accordance with Texas
Local Government Code 252.022, exempting such purchases from requirements of
competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 3881-Purchase of Annual Maintenance for Milsoft Utility
Systems awarded to Milsoft Utility Solutions in the amount of $62,282.62).
Ordinance No. 2012-202
H. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Service for CodeRED Emergency Notification System and
CodeRED Weather Warning Service available from only one source in accordance
with Texas Local Government Code 252.022, exempting such purchases from
requirements of competitive bids; providing for expenditure of funds therefor; and
providing an effective date (File 3964-Purchase of Annual Service for CodeRED
Emergency Notification and CodeRED Weather Warning Service awarded to
Emergency Communications Network, LLC in the annual amount of $44,299.00 for
an estimated three year total of $132,897.00).
Ordinance No. 2012-203
I. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Maintenance for VisionAir Public Safety Software System and
associated modules used for Police and Fire Department Dispatching and Records
Management available from only one source in accordance with Texas Local
Government Code 252.022, exempting such purchases from requirements of
competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 2640-Purchase of Annual Maintenance for VisionAir Public
Safety Software System awarded VisionAir in the amount of $211,530.96).
Ordinance No. 2012-204
J. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Service Access and Support for 3G (third-generation) and
4G/LTE (Long Term Evolution) Wireless Computer network from the Texas
Department of Information Resources contract (DIR-SDD-1777) for the Public
Safety Mobile Computers used by City of Denton Police, Fire and EMS personnel
available from only one source in accordance with Texas Local Government Code
252.022, exempting such purchases from requirements of competitive bids;
providing the expenditure of funds therefor; and providing an effective date (File
3561-Purchase of Annual Service Access and Support for Enhanced Data rates for
3G (Third-Generation) and 4G/LTE (Long Term Evolution) awarded to AT&T
Mobility (DIR-SDD-1777) in the amount of $123,271.32).
City of Denton City Council Minutes
September 11, 2012
Page 11
Ordinance No. 2012-205
K. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Summation 360, a product upgrade and hosted solution for the Tele-
Works System, along with continued vendor support of the Tele-Works System and
associated hardware and software modules available from only one source in
accordance with Texas Local Government Code 252.022, exempting such purchases
from requirements of competitive bids; providing for the expenditure of funds
therefor; and providing an effective date (File 3869-Purchase of Summation 360
upgrade and maintenance for the Tele-Works System awarded to Tele-Works, Inc.,
in the amount of $80,881.00).
Ordinance No. 2012-206
L. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Maintenance for continued vendor support of the Municipal
Court Incode Software from only one source in accordance with Texas Local
Government Code 252.022, exempting such purchases from requirements of
competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 4771-Purchase of Annual Maintenance for Municipal Court
Incode Software Package awarded to Tyler Technologies, Inc. in the amount of
$54,939.34).
Ordinance No. 2012-207
M. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Maintenance for continued vendor support of the Millennium
Library System and associated hardware and software modules available from only
one source in accordance with Texas Local Government Code 252.022, exempting
such purchases from requirements of competitive bids; providing for the
expenditure of funds therefor; and providing an effective date (File 3224-Purchase
of Annual Maintenance for Millennium Library System and associated modules
awarded to Innovative Interfaces, Inc. in the amount of $83,053).
Ordinance No. 2012-208
N. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Maintenance for ITInvolve Configuration Management
Software application and Internet Hosting Services from only one source in
accordance with Texas Local Government Code 252.022, exempting such
purchases from requirements of competitive bids; providing for the expenditure of
funds therefor; and providing an effective date (File 4986-Purchase of Annual
Maintenance for ITInvolve Configuration Management Software awarded to
ITInvolve, Inc. for four (4) one-year terms with a first payment of $32,500 for a
total contract award of $130,000).
Ordinance No. 2012-209
O. Consider approval of an ordinance of the City of Denton, Texas amending the
schedule of rates contained in Ordinance No. 2011-158 for electric service;
providing for a repealer; providing for a severability clause; and providing for an
effective date. The Public Utilities Board recommends approval (6-0).
City of Denton City Council Minutes
September 11, 2012
Page 12
Ordinance No. 2012-210
P. Consider approval of an ordinance amending the schedule of engineering fees
contained in Ordinance No. 2011-159; providing an amendment to the public works
overtime inspection fee; providing a repealer; providing for a severability clause;
and providing for an effective date. The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2012-211
Q. Consider approval of an ordinance of the City of Denton, Texas providing for the
confirmation of the schedule of miscellaneous fees, deposits, billings and
procedures for administrative services to city utilities customers contained in
Ordinance No. 2011-160; providing for a repealer; providing for a severability
clause; and providing for an effective date. The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2012-212
R. Consider approval of an ordinance of the City of Denton, Texas amending the
schedule of rates for solid waste service contained in Ordinance No. 2011-161. as
authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas;
providing that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9
of the Code of Ordinances of the City of Denton, Texas shall expressly apply to
City of Denton solid waste service; providing for the amendment to the residential
refuse and recycling collection services rates (Schedule SWR); amending the multi-
family household item collection services rate (Schedule SWMFS); amendment to
the commercial solid waste refuse collection services and dumpster rates (Schedule
SWC); amendment to the commercial recycling services rate (Schedule SWCR);
amendment to the sanitary landfill services rates regarding wholesale municipal
solid waste rate per ton (Schedule SWL); providing for a repealer; providing for a
severability clause; and providing an effective date. The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-213
S.Consider approval of an ordinance amending the schedule of wastewater rates
contained in Ordinance No. 2011-162; providing for an amendment in the rates for
residential wastewater service (Schedule SR); amending the mobile home park
wastewater service (Schedule SMH); amending the commercial and industrial
wastewater service (Schedule SC); amending the commercial/industrial wastewater
service which measures with dedicated water meters (sub- meters) water for
wastewater billing (Schedule SCD); amending the commercial/industrial wastewater
service which measures with dedicated water meters (sub-meters) water excluded
from wastewater billing (Schedule SCS); amending the septage & chemical toilet
disposal at the pecan creek water reclamation plant septage transfer station
(Schedule SCH); amending the equipment services facilities and restaurant & food
service establishments wastewater service (Schedule SEE); amending the metered
wastewater inside and outside corporate limits (Schedule SM); amending the sale of
treated wastewater effluent (Schedule SGE); amending the wastewater tap and
manhole fees (Schedule ST); adding the collection and transportation services
City of Denton City Council Minutes
September 11, 2012
Page 13
permit (Schedule SWP); providing for a repealer; providing for a severability
clause; and providing for an effective date. The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2012-214
T. Consider approval of an ordinance amending the schedule of water rates contained
in Ordinance No. 2011-163 for water service rates and water rates; amending the
residential water service rate (Schedule WR); amending the commercial/industrial
water service rate (Schedule WC); amending the metered water from fire hydrant
rate (Schedule WFH); amending the wholesale treated water service rate to the
Upper Trinity Regional Water District (Schedule WW); amending the wholesale
raw water service rate to Upper Trinity Regional Water District (Schedule WRW);
amending the wholesale raw water pass-through rate to Upper Trinity Regional
Water District from Lake Chapman into Lake Lewisville (Schedule WCL);
amending the water tap and meter fees; providing for a repealer; providing for a
severability clause; and providing for an effective date. The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-215
U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
approval of an agreement for planning services related to infill, redevelopment and
the development review process by and between the City of Denton, Texas and
Clarion Associates, LLC, Denver, Colorado; providing for the expenditure of funds
therefor; and providing an effective date (File 5053-not-to-exceed $150,000 for
agreement for planning services).
5.CONSENT AGENDA
Council Member Roden motioned, Council Member King seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member King
"aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member
Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Council Member Roden "aye". Motion
carried unanimously.
Resolution No. R2012-025
A. Consider approval of a resolution reviewing and adopting revisions to the
Investment Policy regarding funds for the City of Denton; and providing an
effective date. The Audit/Finance Committee recommends approval (2-0).
Ordinance No. 2012-216
B. Consider adoption of an ordinance of the City of Denton, Texas, approving an
Amendment to an Economic Development Program Grant Agreement dated August
17, 2010 between the City of Denton and Grand Mesa LLC. assigning the
agreement to Schlumberger Technology Corporation and providing an effective
date.
City of Denton City Council Minutes
September 11, 2012
Page 14
Resolution No. R2012-026
C. Consider approval of a resolution amending Resolution No. R2009-015 by
establishing a standing committee of the City Council of the City of Denton, Texas
to be known as the Committee on Citizen Engagement.
Resolution No. 2012-027
D. Consider approval of a resolution of the City Council of the City of Denton, Texas
accepting the recommendations made by the Citizens Advisory Oversight
Committee appointed by the City Council on April 19, 2005, regarding the five-year
capital improvements program, respecting the reallocation of funding of street
improvements from Austin Street to the Hickory Street Grand Project; and
providing an effective date.
Ordinance No. 2012-217
E. Consider adoption of an ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a contract with Alexander Open Systems
(AOS), Inc. to provide EMC Avamar Data Backup Solution and Professional
Services as awarded by the State of Texas Department of Information Resources
(DIR) through the Go DIRect Program, Contract Number DIR-SDD-1418;
providing for the expenditure of funds therefor and providing an effective date. (File
5028-EMC Avamar Data Backup Solution awarded to Alexander Open Systems
(AOS), Inc. as a three year lease purchase agreement through De Lage Landen
Public Finance LLC totaling $267,197.52).
Ordinance No. 2012-218
F. Consider adoption of an ordinance approving the expenditure of funds for an
upgrade to the Supervisory Control and Data Acquisition (SCADA) hardware and
software system for Denton Municipal Electric (DME) available from only one
source in accordance with Texas Local Government Code 252.022, exempting such
purchases from requirements of competitive bids; providing for the expenditure of
funds therefor; and providing an effective date (File 4724-SCADA System upgrade
for Denton Municipal Electric awarded to Open Systems International, Inc. (OSI) in
the amount of $343,590). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-219
G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for Electrical Energy
Transmission Fees to those cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (File 4847-Electrical
Energy Transmission Fees for Electric Transmission Texas, LLC in the additional
amount of $69,576.90 for a total award of $289,830.60 and Electrical Energy
Transmission Fees for Lower Colorado River Authority (LCRA) in the additional
amount of $111,809.61 for a total award of $1,057,018.70; for a total expenditure of
$1,346,849.30). The Public Utilities Board recommends approval (5-0).
City of Denton City Council Minutes
September 11, 2012
Page 15
Ordinance No. 2012-220
H. Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement (PSA) with Innovative Transportation Solutions,
Inc. for Transportation Services as set forth in the contract; and providing an
effective date (File 4848-Professional Service Agreement for Transportation
Consultant Services to Innovative Transportation Solutions, Inc. for a one year
contract in the amount of $126,000, with four (4) one-year options to renew, for a
not to exceed total award of $630,000). The Mobility Committee recommends
approval (3-0).
Ordinance No. 2012-221
I. Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement for indefinite Delivery Survey Services on a work
order basis for various City of Denton departments; providing for the expenditure of
funds therefor; and providing an effective date (File 4948-awarded to Teague Nall
and Perkins, Inc. in an amount not-to-exceed $400,000.00).
Ordinance No. 2012-222
J. Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement (PSA) with CP&Y, Inc. and the City of Denton
Solid Waste Division for professional engineering and consulting services; and
providing an effective date (File 5045-awarded to CP&Y, Inc. in the amount of
$135,000). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-223
K. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of LON GON Odor Control for the City of Denton Landfill from only one
source in accordance with Texas Local Government Code 252.022, exempting such
purchases from requirements of competitive bids; providing for the expenditure of
funds therefor; and providing an effective date (File 4887-Purchase of Odor Control
Chemicals for the City of Denton Landfill awarded to Enviro Chemical Research in
the annual estimated amount of $50,000 for an estimated three year amount of
$150,000).
Ordinance No. 2012-224
L. Consider adoption of an ordinance accepting competitive bids and awarding a three
year contract for the purchase of Water and Sewer Supplies for the City of Denton
Water/Wastewater Department and Project 380; providing for the expenditure of
funds therefor; and providing an effective date (Bid 4973-Three Year Contract for
Water and Sewer Warehouse Inventory and Project 380-Part A awarded by line
item to the lowest responsible bidder meeting specification in the unit price amounts
shown on Exhibit A for an annual estimated expenditure of $1,000,000 and a three
year estimated total of $3,000,000, and Part B awarded to Fortiline Waterworks in
the estimated amount of $534,245.22).
City of Denton City Council Minutes
September 11, 2012
Page 16
Ordinance No. 2012-225
M. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter
28 of the Code of Ordinances by revising the 2009 International Energy
Conservation Code, as published by the International Code Council, by establishing
local amendments thereto; establishing a penalty of a fine not to exceed $2,000.00
for violations hereto; providing for severability; repealing all ordinances in conflict
herewith; and providing an effective date.
Ordinance No. 2012-226
N. Consider adoption of an ordinance of the City of Denton, Texas amending Sections
28-27, 28-28, 28-33, 28-34, 28-123, 28-124, 28-144, 28-145, 28-251, and 28-252 of
the Code of Ordinances of the City of Denton, Texas. to provide for the adoption of
the 2009 International Building Code, 2009 International Residential Code for one
and two family dwellings, 2009 International Fuel Gas Code, 2009 International
Plumbing Code, and the 2009 International Mechanical Code all published by the
International Code Council, regulating and governing the conditions and
maintenance of all property, buildings and structures; by providing the standards for
supplied utilities and facilities and other physical things and conditions essential to
ensure that structures are safe, sanitary and fit for occupancy and use; providing for
the condemnation of buildings and structures unfit for human occupancy and use
and the demolition of such structures, providing for the regulation and governing of
the construction, altering, movement, enlargement, replacement, repair, equipment
location, removal and demolition of detached one and two family dwellings and
multiple single family dwellings (townhouses) not more than three stories in height
with separate means of egress; providing the regulation and governing of the design
construction, quality of materials, erection, installation, alteration, repairs, location,
relocation, replacement, addition to, use or maintenance of plumbing and
mechanical systems in the City of Denton, Texas; providing for the regulation and
governing of fuel gas systems and gas fired appliances; providing for the issuance of
permits and collection of fees thereof; providing for amendments thereto; providing
for a penalty for violation of a fine not to exceed $2,000.00; providing for a
severability clause; repealing all ordinances in conflict therewith; and providing for
an effective date.
Ordinance No. 2012-227
O. Consider adoption of an ordinance amending Article III of Chapter 28 of the Code
of Ordinances of the City of Denton, Texas, ("Electrical Code") by repealing the
2005 National Electrical Code with certain amendments and providing for the
adoption of the 2011 National Electrical Code with certain deletions and
amendments; providing for a penalty in the amount of $2,000.00 for violations
thereof; and providing for an effective date.
Ordinance No. 2012-228
Consider adoption of an ordinance amending Chapter 29 of the Code of the City of
P.
Denton, Texas, to provide for the adoption of the International Fire Code, 2009
Edition; providing for amendments thereto; re-establishing permit fees; providing
for a penalty in the amount of $2,000.00 for violations thereof; providing for
City of Denton City Council Minutes
September 11, 2012
Page 17
severability; repealing all ordinances in conflict therewith; and providing for a
n
effective date.
Ordinance No. 2012-229
Q. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.289 acre tract situated in the M.E.P. & P.R.R. Company
Survey, Abstract No. 1469, located in the City of Denton, Denton County, Texas, as
more particularly described on "Exhibit "A", attached to the ordinance, located
generally in the 1500 block of North Mayhill Road (the "Property Interests"), for the
public use of expanding and improving Mayhill Road, a municipal street and
roadway; authorizing the City Manager or his designee to make an offer to (1)
Robert Earl Edwards, Donald Eugene Edwards, Myrtle Elizabeth Edwards and
William Warren Edwards; (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 Twenty Four Thousand
Four Hundred Twenty Two Dollars and No Cents ($24,422.00), and other
consideration, as prescribed in the Purchase 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. 2012-230
R. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 2.115 acre tract; and (II) a slope easement, encumbering a
0.202 acre tract, each located in the M.E.P. & P.R.R. Company Survey, Abstract
No. 927, City of Denton, Denton County, Texas, as more particularly described on
"Exhibit "A", attached to the ordinance, located generally in the 500 block of North
Mayhill Road (the "Property Interests"), for the public use of expanding and
improving Mayhill Road, a municipal street and roadway; authorizing the City
Manager or his designee to make an offer to (1) 551 Mayhill Joint Venture; (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 One Hundred Sixteen Thousand Eight Hundred Fifty Four
Dollars and No Cents ($116,854.00), and other consideration, as prescribed in the
Purchase 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.
6.ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointments to the Council Committee on Citizen Engagement.
Mayor Burroughs stated that there was an item on the Consent Agenda which adopted the
ordinance approving the formation of the Committee. He asked if there were Council Members
who would like to serve on the Committee.
Council Members Roden, Engelbrecht and Gregory indicated that they would like to serve on the
Committee.
City of Denton City Council Minutes
September 11, 2012
Page 18
Council Member King motioned, Council Member Roden seconded to approve the nominations.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Council
Member Roden "aye". Motion carried unanimously.
B. Consider nominations/appointments to the City’s Boards & Commissions.
1. Airport Advisory Board
2. Community Development Advisory Committee
3. Health & Building Standards Commission
4. Human Services Advisory Committee
5. Parks, Recreation and Beautification Board
6. Planning and Zoning Commission
7. Public Art Committee
8. Public Utilities Board
Mayor Pro Tem Kamp nominated Marc Moffitt to the Airport Advisory Board, Mayor Pro Tem
Kamp nominated Jim Strange to the Planning and Zoning Commission and Council Member
Watts nominated Victoria DeCuir to the Public Art Committee.
Council Member King motioned, Council Member Gregory seconded to approve nominations as
presented. On roll call vote, Council Member King "aye", Council Member Watts "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp
"aye", and Council Member Roden "aye". Motion carried unanimously.
Resolution No. R2012-028
C. Consider approval of a resolution of the City of Denton declaring the completion of
the work of the Special Citizens Bond Advisory Committee for the 2012 street bond
election; and declaring an effective date.
Bryan Langley, Assistant City Manager, stated that the 21 member bond advisory committee had
th
been studying the issue of the upcoming November bond election. On August 14 the Council
called the election and this resolution thanked the committee for all of the hours spent on this
topic. It would formally conclude the work of the Committee.
Council Member Gregory motioned, Council Member Watts seconded to approve the resolution.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Council
Member Roden "aye". Motion carried unanimously.
D.Consider a request for an exception to the Noise Ordinance for the purpose of
performing live music for the Mexican Independence Day Fair at the corner of
McKinney Street and Railroad Avenue in the vicinity of La Estrella Mini Market on
Saturday, September 15, 2012, beginning at 4:00 p.m. and concluding at 1:00 a.m.
This request is for an extension of hours from 10:00 p.m. to 1:00 a.m. for amplified
sound. The amplified sound will remain at the allowable 70 decibels. Staff
recommends extending the hours for amplified sound until 12 midnight.
City of Denton City Council Minutes
September 11, 2012
Page 19
Emerson Vorel, Director of Parks and Recreation, presented the details of the event. He stated
that the applicant had requested an exception to the noise ordinance for a Mexican Independence
Day fair. The initial request was for an exception until 1 a.m. with the sound level at 79 db. Staff
was recommending concluding the event at midnight which was in keeping with the Arts and
Jazz Festival. There had been eight noise complaints at this address in the past 12 months.
Council Member Engelbrecht motioned, Council Member King seconded to approve the request
with the ending time at 12 midnight. On roll call vote, Council Member King "aye", Council
Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye",
Mayor Pro Tem Kamp "aye", and Council Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-231
E. Consider adoption of an ordinance amending Ordinance No. 2012-024, as amended
by Ordinance. No. 2012-126, establishing a moratorium on certain gas well permits
for gas well drilling and production activities within the corporate limits of the City
of Denton, Texas by redefining exemptions, providing definitions and replacing
terms; establishing exclusions and revising variance procedures; providing for
extension of the moratorium; providing a cumulative clause; providing a severability
clause; and providing an effective date.
Mayor Pro Tem Kamp stated originally there were four public hearings scheduled to be on the
agenda regarding a variance to the gas well moratorium. The applicant had requested that those
items be pulled from the agenda. Council agreed to allow people to speak on this item with Blue
Speaker Cards and the cards could be submitted after the item started.
City Attorney Burgess stated that Terry Morgan would be addressing the issues regarding the
amendments to the gas well drilling moratorium.
Terry Morgan stated that the reason for the amendments to the moratorium was the four variance
ordinances which required a public hearing. The requests were for variances which the applicant
presented arguments pertinent to the State vested rights law. Staff considered the claims of
vested rights and decided it was fitting to address the exemptions responsive to the vested rights
law.
The proposed ordinance extended the moratorium until December 18, 2012 to give the City
additional time for review by the Task Force, the Planning and Zoning Commission and the
Council for Phase II amendments. The amendment also had definitions tied to the Denton
Development Code. The original variance procedure called for a public hearing before the City
Council. This ordinance maintained that procedure for a public hearing before the City Council
and separated out the exemptions into one section. It consolidated the amendments in one
section. There were three exemptions to the moratorium as proposed. The first was a restatement
of a subsection that permits that followed some approval or already had an approved application
filed in the sequence would be exempted. Subsection C was a repetition that exempted permits to
the drilling of wells which did not require hydraulic fraction which was in the original ordinance.
Subsection B exempted permits filed prior to effective date of the moratorium. Pre-filed
applications would be exempt from the moratorium according to State law. The moratorium still
applied to the full effect to new applications, those with no prior permit or approval. The
City of Denton City Council Minutes
September 11, 2012
Page 20
objective of the moratorium was to allow the Council time to put in place a new set of gas well
amendments.
Council Member Gregory stated that there was confusion about what a moratorium meant in
terms of activity on a well and how that was legal.
Morgan stated that the purpose was to stop additional applications/permits from being granted. It
never affected drilling already in place.
Council Member Roden stated that if the moratorium with the amendments was passed, certain
applicants could continue with applications. It did not guarantee permits as they would still have
to go through the City process.
Morgan stated that was correct and that the permits would have to be considered by City staff.
Council Member Gregory stated that staff had been working on Phase II regulations while the
moratorium was in effect. People thought that there would be no more gas wells in Denton or
Phase II that there would be no more gas wells in Denton or no more fracking. He asked if it
was legal for a City to have a moratorium or an ordinance that completely prohibited all gas well
drilling or fracking.
Morgan stated that if he was talking about future prohibition, an ordinance would be affected by
vested rights. If an application was filed before the new regulations took effect, it might be under
the old rules. Health and safety regulations might override vested rights. None of that was the
purpose. It stopped the current process until regulations were in effect.
Darren Groth, Gas Well Administrator, presented a time line going forward. He showed dates for
the Phase II ordinance revisions which included meetings from October through December.
nd
Council Member Roden questioned if the public would see the draft after October 2and if it
would be posted on the web site.
Groth stated that the draft ordinance would be posted on the website and there would be public
meetings that the public could attend.
The following individuals spoke on the issues:
Ricardo Correa, 117 E. Prairie, Denton, 76201 – opposed
Clinton McBride, 903 McCormick, Denton, 76201 - opposed
Michael Wiley, 910 Avenue A, Denton, 76201 – opposed
Mario Ovalle, 2119 Westwood Drive, Denton, 76205 – support
Tara Linn Hunter, 804 West Hickory, Denton, 76201 – opposed
Amber and Adam Briggle, 1315 Dartmouth, Denton 76201 – support
Ryan Brown, 4604 Indian Point Way, Denton, 76208 – opposed
Eamon Darzig, 2300 West Oak, Denton 76201 – opposed
Rick Baria, 5138 Edwards Road, Denton, 76201 - support
Vickie Oppenhein, 620 Windfields, Denton, 76209 – support
City of Denton City Council Minutes
September 11, 2012
Page 21
Comment Cards were submitted by the following:
Christopher Klabunde, 804 W. Hickory, Denton, 76201 - opposed
Sharon Wilson, 1121 Belvedere, Allen, 75013 – opposed and support
Cathy McMullen, 805 Ector, Denton, 76201 – opposed
Shawn Gregory, 804 W. Hickory, Denton, 76201 – opposed
Cindy Spoon, 2220 Lookout Lane, Denton, 76207 – opposed
Mary Maxwell, 415 Pierce, Denton, 76202 – opposed
Morgan Larson, 903 McCormick, Denton, 76201 – opposed
Elizabeth Clinton, 1920 Sena, Denton, 76201 – opposed
Angelica Chcu, Denton, 76201 – opposed
Megan Storie, 804 W. Hickory, Denton, 76201 – opposed
Corey Troiani, 2228 Lookout Lane, Denton, 76207 – opposed
Colin Shaw, 122 Hidden Valley Airpark, Shady Shore, 76203 – opposed
Max Perry, Denton, 76201 – opposed
Pauline Raffestin, 2015 Bowling Green, Denton, 76201 – favor
Jessica Culver, 2119 Westward, Denton, 76205 – opposed
Jonathan Hury, 2014 W. Hickory, Denton, 76201 – opposed
Maggie Gorry, 2228 Lookout, Denton, 76207
Paige Daniel, 911 Bernard, Denton, 76201 – opposed
Michael Liza, 1200 Amherst, Denton, 76201 – opposed
Melanie Daniel, 911 Bernard, Denton, 76201 – opposed
Will Weston, 214 S. Bell, Denton, 76201 – opposed
Grant Youngman, 511 Cross Timbers, Double Oka, 75077 – opposed
Matthew Long, 1509 Bolivar, Denton, 76201 - opposed
Council Member Gregory stated that the projected time line could be extended if needed as
indicated earlier by the Mayor Pro Tem. If the time line was extended, the moratorium would
also have to be extended. He appreciated the citizen interest in the item and the manner in which
their concerns were expressed.
Council Member Roden stated that it was important to get participation in the future. He asked if
there was any indication on the number of new applications or permits that were stopped while
looking at the ordinance.
Groth stated that it would be hard to determine. It appeared that the applications to the Railroad
Commission were trending downward but it was hard to say.
Mayor Pro Tem Kamp stated that Council wanted to continue the moratorium but there was a
misunderstanding what the Council could and could not do. With State vested rights, the
Council had a difficult time. She appreciated the comments by citizens. Council was looking at
the health, welfare and safety of citizens.
Council Member Gregory motioned to approve the ordinance as amended. The approval would
include the amendment that any variance would come to Council and not the intermediate step to
the City Manager.
City of Denton City Council Minutes
September 11, 2012
Page 22
Council Member Gregory stated that the amended ordinance in the Council’s agenda packet was
adjusted as result of the Council’s Closed Session. The change was responding to some of the
concerns regarding the amendments and the Council being responsive to legal obligations and
requests of citizens.
Council Member Engelbrecht stated that he would be voting for the motion as the amendment
was written to bring the ordinance in line with the legal perception of state law. In terms of
comments to respond to the will of the people, it comes in many levels such as the State law
which overrides will at the local level. The Eagle ridge organization was not required to bring in
their wells under the old technology.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance as
amended. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and
Council Member Roden "aye". Motion carried unanimously.
7. 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.
Council Member Watts asked for information concerning crosswalks on Eagle and Welch and
Eagle and McCormick and possible options for the crosswalks.
Council Member Roden reminded everyone about the events this weekend - Blues fest and the
Mexican Independence Day festival.
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 7:52 p.m.
City of Denton City Council Minutes
September 11, 2012
Page 23
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS