January 15, 2013 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
January 15, 2013
After determining that a quorum was present, the City Council convened in a Work Session on
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Tuesday, January 15, 2013 at 3:00 p.m in the Council Work Session Room at City Hall.
PRESENT: Council Member Watts, Council Member King, Mayor Pro Tem Kamp, Council
Member Gregory, Council Member Roden and Mayor Burroughs
ABSENT: Council Member Engelbrecht
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 January 15, 2013.
Mayor Burroughs noted that Consent Agenda Items F and H would be pulled from consideration.
City Manager Campbell stated that staff was requesting to remove both of those items from the
agenda and would bring them back at a later meeting.
City Attorney Burgess stated that staff was still waiting for the escrow account in order to
complete the agreement for Item H. It would be held over for the next meeting.
Council Member Roden asked if the proposed patio area for Consent Agenda Item G was
property donated by the Williams family.
Julie Glover, Economic Development Program Administrator, stated that it was not the same
property but the grassy area next to the building.
Mayor Burroughs asked if the intent of staff was to rebid the proposal for Item A dealing with
the solar energy.
City Manager Campbell stated that staff would re-evaluate the proposal and the resubmit it for a
request for proposal.
Mayor Burroughs asked how closely aligned the TIF report was for the second year of income as
was predicated for Consent Agenda Item B.
Julie Glover, Economic Development Program Administrator, stated that it was slightly below
what was predicated due to the economy.
3. Receive a report, hold a discussion and give staff direction regarding Airport entry
improvements. The Airport Advisory Board recommends approval (4-3).
Quentin Hix, Director of Aviation, stated that Denton Airport entrance improvements proposed
by staff to accommodate current and future operations of the Airport were presented to Council
on December 3, 2012. A part of the proposed entry improvements was a new road entering from
Airport Road and connecting south to an extension of Spartan Drive. The Airport Advisory
City of Denton City Council Minutes
January 15, 2013
Page 2
Board (AAB) discussed these improvements in November and recommended a portion of the
improvements but tabled a portion on the southbound entry road. Council discussed the
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improvements at the December 3 Work Session and asked staff to complete the additional
actions requested by the AAB. At that meeting, Council also directed staff to move ahead with
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improvements north of Airport Road. On December 12, after staff had notified all stakeholders
regarding the proposed improvements, the AAB recommended approval for the southbound
improvement. Should Council direct staff to move forward with the construction contracts, they
would be placed on one of the Council’s February meetings.
Council Member Watts questioned the amount of estimated savings if the excavation and
drainage work was done in-house.
Hix stated that it was estimated that $50,000 would be saved on the southbound portion.
Council Member Roden asked why there was a split vote on the AAB.
Hix stated that at least 2 of 3 negative votes felt that the improvement was serving only one
Airport tenant. The third negative vote was from a new member and Hix did not know that
member’s position.
Council Member Roden questioned if any other boards had vetted this proposal besides the
AAB.
Hix stated that as this project dealt with infrastructure improvements it only went to the AAB.
Mayor Burroughs asked for the staff’s position on the long term benefit of this proposed
improvement to the Airport.
Hix stated that the principle benefit for the improved south entrance was that it gave entrance to
the Airport directly from Airport Road with direct signage to the different businesses. Many
people came into the terminal asking for directions on how to get to a business on the south end
of the airport. A direct southbound entrance would provide that benefit. It would also provide
direct access into an area not yet developed on the south end of the Airport which fit the 2003
Master Plan for that area.
Mayor Burroughs asked if access to the Airport was currently deficient.
Hix stated that one of the two major revenue sources for the Airport was fuel consumption. A
more direct access would allow for more generation of business which would provide the City
was more commissions on the direct sale of fuel.
Mayor Pro Tem Kamp felt that these improvements were needed for a long time and that part of
the issue dealt with mobility. It had more to do with access to the entire area and to the rest of
the people in the area plus the growth of the Airport.
Consensus of the Council was to move forward with the proposal.
City of Denton City Council Minutes
January 15, 2013
Page 3
Council Member King requested to return to Item #2. He questioned the term of the lease for
Consent Agenda Item G.
Julie Glover, Economic Development Program Administrator, stated that the lease would be for
ten years with the rental amount readjusted every three years during the lease term.
Mayor Burroughs announced that Council would be going into Closed Session to consider
Closed Session Item 1.C.1. Following that discussion, Council would return to the Work Session
items.
Council went into a Closed Meeting at 3:30 p.m. to consider the following:
1. Closed Meeting:
C. 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,
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.
Council completed the Closed Session at 4:43 p.m. and returned to open session to continue the
Work Session.
4. Receive a report, hold a discussion, and give staff direction on amending Subchapter 22
of the Denton Development Code, relating to Phase II of the Gas Well Drilling and
Production Ordinance, Definitions, and Procedures. (DCA12-0005)
Darren Groth, Gas Well Administrator, reviewed prior Phase II actions, background information
on the revisions, the proposed ordinance changes and DAG concerns that were presented in
detail at the January 8, 2013 Council meeting.
Council Member Watts questioned if Council would be reviewing a discussion of air and water
monitoring during the Work Session item or during the regular meeting.
Mayor Burroughs indicated that it could be during either portion of the meeting or at both
sessions.
Council Member Watts stated that Council would be discussing air and water quality monitoring
and methods to do that. They were also working on regulations for compressor stations and
changing the way “well” was written in the definition of salt water injection wells. One of the
questions remaining on the DAG report card was notification to people on wells that were going
City of Denton City Council Minutes
January 15, 2013
Page 4
to be reworked. He questioned if the wording should be changed to include wells that were
producing or not producing so that the same notice would apply to both situations. He wanted to
be sure that whether the well was producing or not, the same notice would apply.
City Attorney Burgess stated that additional wording could be added to the definition in order to
accommodate the suggestion by Council Member Watts.
Council Member Roden asked about current provisions in the ordinance for mitigation of spills.
Groth stated that there were many regulations in the current ordinance to deal with those types of
incidents.
Council Member Roden asked about current monitoring of surface water.
Ken Banks, Environmental Services and Sustainability Director, stated that surface water was
monitored as part of the watershed protection plan. There were approximately 80 monitoring
stations placed around the City which sampled the water on a monthly basis.
Council Member Roden asked how that sampling would interact with something related to oil
and gas.
Banks stated that staff could take a monitoring device and move upstream until the source was
located. At that point, staff would contact the oil and gas group or whoever needed to take care
of the problem.
Council Member Roden questioned if the City’s water monitoring program was more robust than
other cities in the area.
Banks stated it he did not know of any other city the size of Denton that did as much testing as
Denton did.
Council Member Gregory asked if the monitoring stations were kept at the same place or were
they adjusted from time to time.
Banks stated that the stations were fixed stations set up on a grid across the watershed but
periodic random monitoring could be done if needed.
Council Member Gregory requested a staff report on the monitoring stations and the types of
elements that were being monitored and if those were ones that also might be associated with
possible drilling sites.
At the conclusion of the Work Session, the Council went back into Closed Session at 5:08 p.m.
to consider the items listed below.
1. Closed Meeting:
A. Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code Section 551.086; Consultation with Attorneys - Under Texas Government
Code Section 551.071.
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January 15, 2013
Page 5
1. Receive a report and a presentation from Denton Municipal Electric staff
regarding certain public power competitive and financial matters
regarding Request for Proposals No. 4859 issued by the City soliciting
proposals for solar-generated energy and facilities for the City of Denton,
Texas; discuss, deliberate, provide staff with direction, and consider such
matters. Consultation with the City's attorneys regarding legal advice
regarding the matters referenced above. A public discussion of this legal
matter would conflict with the duty of the City's Attorneys to the City
Council under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas.
B. 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 potential purchase of certain real property
interests located in the M.E.P. & P.R.R. Co. Survey, Abstract Number
927, Denton County, Texas (located generally in the 200 block of North
Mayhill Road), within the City of Denton, Texas. Consultation with the
City's attorney's regarding legal issues associated with the acquisition or
condemnation of 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.
D.Personnel Matters - Under Texas Government Code Section 551.074.
1.Hold a discussion and deliberate regarding the appointment, employment,
evaluation, reassignment, duties, discipline, dismissal, or complaints as
may impact the City Manager, the City Attorney, and the Municipal Court
Judge.
The Council convened in a 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
Mayor Burroughs noted that the proclamation for Dr. Bettye Myers would be presented at a
different meeting.
City of Denton City Council Minutes
January 15, 2013
Page 6
A. Proclamations/Awards
1. Dr. Bettye Myers Day
3. CITIZEN REPORTS
There were no citizen reports scheduled for this meeting.
4. CONSENT AGENDA
Mayor Burroughs noted that Items F and H would not be considered at this meeting.
Council Member Roden motioned, Council Member Gregory seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Items F and H. On
roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Mayor
Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried
unanimously.
Ordinance No. 2013-005
A.Consider adoption of an ordinance rejecting any and all competitive proposals for
RFP 4859-Solar Generated Energy and Facilities for the City of Denton, or take
other appropriate action with regard to such proposals; and providing an effective
date.
Resolution No. R2013-001
B. Consider approval of a resolution of the City Council of the City of Denton,
Texas approving the 2012 Tax Increment Financing Reinvestment Zone Number
One (Downtown TIF) Annual Report; and declaring an effective date.
Ordinance No. 2013-006
C. Consider adoption of an ordinance approving assignment of a Commercial
Operator Airport Lease Agreement between the City of Denton, Texas and John
K. Selvidge dated March 7, 1995 to Pedron Aircraft Works, L.L.C.; and
providing an effective date. The Council Airport Committee recommends
approval (3-0).
Ordinance No. 2013-007
D. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of certified
softball officiating services from the North Texas Umpire Association (NTUA),
which are available from only one source and in accordance with Chapter
252.022 of the Texas Local Government Code such purchases are exempt from
the requirements of competitive bidding; and providing an effective date (File
5152-Agreement with NTUA in the amount per game as specified in the
agreement in the estimated annual award of $85,000 for a three year estimated
expenditure of $255,000).
City of Denton City Council Minutes
January 15, 2013
Page 7
Ordinance No. 2013-008
E. Consider adoption of an ordinance accepting sealed proposals and awarding a
contract for drug/alcohol testing services and physicals for the City of Denton;
and providing an effective date (RFP 5019-Drug/Alcohol Testing Services and
Physicals awarded to Occupational Medicine, Denton Regional Medical Center in
the annual estimated amount of $34,930 for a five year estimated expenditure of
$174,650).
THIS ITEM WAS NOT CONSIDERED
F. Consider adoption of an ordinance accepting sealed proposals and awarding a
contract to provide Software and Related Services with SHI Government
Solutions, Inc., a Microsoft Certified Large Account Reseller with the City of
Denton; and providing an effective date (RFP 5121-Microsoft Software Reseller
and Related Services awarded to SHI Government Solutions, Inc. in the annual
estimated amount of $95,000 for City of Denton expenditures, and a three year
estimated expenditure of $285,000).
Ordinance No. 2013-009
G. Consider adoption of an ordinance of the City of Denton, Texas approving a
Lease Agreement between the City of Denton, Texas and VOW 210 Hickory
Partners, LLC for the lease of a portion of land located at the southwest corner of
East Hickory and Industrial Streets, being situated within the H. Sisco Survey,
Abstract Number 1184 and being described as part of Lot 3, Block 20 of the
Original Town of Denton, for the construction, occupancy and maintenance of an
outdoor patio, and providing an effective date.
THIS ITEM WAS NOT CONSIDERED
H. Consider adoption of an ordinance approving a development agreement with
HMH Lifestyles, L.P., securing the costs to construct the unbuilt portions of the
required perimeter wall for the Villages of Carmel, Phase III subdivision,
pursuant to previously approved plans and permits, and authorizing permitting
and construction of houses and infrastructure on the remaining unbuilt lots in that
subdivision, in accordance with applicable building and development
requirements; delegating authority to the City Manager to execute said
Development Agreement on behalf of the City; and declaring an effective date.
Ordinance No. 2013-010
I. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.388 acre tract, located in the M.E.P. & P.R.R. Co.
Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance, located generally
in the 200 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) Kenneth L.
Stoudt and wife, Gladys F. Stoudt (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 Twenty Five Thousand Three Hundred Seventy Seven Dollars
City of Denton City Council Minutes
January 15, 2013
Page 8
and No Cents ($25,377.00), and other consideration, as prescribed in the Purchase
Agreement (the "Agreement"), as attached to the ordinance and made a apart
thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and
providing an effective date. (Mayhill Road Widening and Improvements project -
Parcel M074)
Ordinance No. 2013-011
J. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 0.147 acre tract; and (II) a temporary construction,
grading and access easement, encumbering a 0.071 acre tract, all tracts located in
the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton
County, Texas, as more particularly described on Exhibit "A", attached to the
ordinance, located generally in the 200 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) Kenneth L. Stoudt and wife, Gladys F. Stoudt
(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 Twenty Four
Thousand Seven Hundred Twelve Dollars and No Cents ($24,712.00), and other
consideration, as prescribed in the Purchase Agreement (the "Agreement"), as
attached to the ordinance and made a apart thereof as Exhibit "B"; authorizing the
expenditure of funds therefor; authorizing relocation expenditures; and providing
an effective date. (Mayhill Road Widening and Improvements project - Parcel
M075)
Ordinance No. 2013-012
K. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 0.106 acre tract; and (II) a temporary construction,
grading and access easement, encumbering a 0.106 acre tract, all tracts located in
the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton
County, Texas, as more particularly described on Exhibit "A", attached to the
ordinance, located generally in the 200 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) Kenneth L. Stoudt (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 Thirty Three Thousand One Hundred Three Dollars and No
Cents ($33,103.00), and other consideration, as prescribed in the Purchase
Agreement (the "Agreement"), as attached to the ordinance and made a apart
thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing
relocation expenditures; and providing an effective date. (Mayhill Road Widening
and Improvements project - Parcel M076)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
City of Denton City Council Minutes
January 15, 2013
Page 9
Resolution No. R2013-002
A. Consider approval of a resolution of the City Council of the City of Denton,
Texas, requesting the Texas Legislature and the Governor of Texas to enact laws
to reduce exploitative payday lending and auto title loan practices; requesting the
Texas Municipal League to introduce and support such legislation; expressing
support of the cities of Austin, Dallas, and San Antonio in their efforts to
regulate these lending practices; and providing an effective date.
City Attorney Burgess stated that Council had received input from the public regarding this item
and Council directed staff to prepare this resolution. It was felt that the State Legislature would
be moving forward with legislation to protect citizens from faulty practices and this resolution
encouraged the Legislature to do so. It also provided support for other cities that had supported
legislation.
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Council Member Gregory noted that on January 8 El Paso also passed an ordinance similar to
the one passed by Austin, San Antonio and Dallas. He requested that the resolution be amended
to include El Paso in the list of cities to support.
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to approve the resolution
with the amendment to include El Paso in the supported cities. On roll call vote: Council
Member King, Council Member Watts, Council Member Gregory, Mayor Pro Tem Kamp,
Mayor Burroughs, Council Member Roden – “aye”. Motion carried unanimously.
Ordinance No. 2013-013
B. Consider adoption of an ordinance amending Article VI "Neighborhood
Empowerment Program" of Chapter 14 "Health and Human Services" of the City's
Code of Ordinances regarding the Neighborhood Empowerment Program's
purpose, establishment of a Neighborhood Empowerment Advisory Board, criteria
and guidelines for the approval of matching contributions under applications by
eligible persons under the program; setting forth additional details in relation to
the program, providing a savings clause; and providing an effective date.
Katia Boykin, Planning Supervisor, presented information concerning the Neighborhood
Empowerment Program (NEP). The four essential elements for healthy neighborhoods included
civic empowerment, physical aesthetics, social stability and economic vitality. The purpose of a
NEP was to improve the appearance of the neighborhoods and promote maintenance and
enhancement, establish community pride, improve public safety and improve public health. The
proposed amendments would provide flexibility for funding for the programs, place specific
requirements in the implementation materials and have consistency between the ordinance and
implementation material. The Advisory Board would increase membership from three members
to seven members with “merit based” neighborhood members removed to provide program
objectivity. The amended evaluation criteria would be merit based and include project
description and statement of qualifications; implementation, tasks and schedule; and volunteers,
participation and donations. The original six project categories would be combined into four
project categories. The matching requirements were also being amended and would be placed in
the implementation packet and not in the ordinance. The submittal process would have a three
step process and an appeal process was now included. As suggested by Council at a prior Work
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January 15, 2013
Page 10
Session, the Community Development Advisory Committee would review appeals associated
with physical improvements. The Human Resources Advisory Committee would review projects
associated with public safety programs or initiatives; cultural, educational, and recreation
programs; and neighborhood master plan or comparable studies. An applicant would have 30
days to submit an appeal to the appropriate board.
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Council Member Rode stated that the calendar still had the grant cycle opening on January 2.
Boykin stated the calendar would be amended after this evenings meeting to reflect that
everything had been approved.
Council Member Roden asked when the information might be available on the website.
Boykin stated it could be added as soon as staff knew that Council had approved the program.
Mayor Pro Tem Kamp motioned, Council Member King seconded to adopt the ordinance. On
roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Mayor
Pro Tem Kamp, Mayor Burroughs, Council Member Roden – “aye”. Motion carried
unanimously.
6. PUBLIC HEARINGS
Ordinance No. 2013-014
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending Subchapters 35.22 of the Denton Development Code,
relating to Gas Well Drilling and Production, Definitions, and Procedures;
providing a cumulative clause; providing a severability clause; providing for a
penalty; and an effective date. (DCA12-0005)
Darren Groth, Gas Well Administrator, reviewed prior Phase II actions. He stated that the
ordinance under consideration this evening was the fifth version drafted during the Phase II
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revisions. Nine items had changed in the draft ordinance since the December 18 meeting.
Ordinance changes
Page 4-5 – the reference to mobile homes was deleted since it was a habitable structure and
was included in the term dwelling. The word “non-habitable” was also deleted from the
definition.
Page 7 – hotel and motel was included in the definition of protected use.
Page 13 – Subsection D was deleted and the remaining subsections re-lettered.
Page 20 – the term salt-water disposal wells was revised to Class II injection wells.
Page 53, the work “relevant” was inserted before “criteria” on the fifth line.
Page 53 – after the heading, the sentence “In deciding variance requests, the Board of
Adjustment shall consider, where applicable, the following relevant criteria” was added.
Page 54 –the word “and” was deleted at the end of the subsection
Page 54 – minor punctuation change was done.
Page 54 – a new subsection was added “Where a variance is requested to reduce separation
standards in 35.22.5.A.1 in addition to other relevant criteria, the extent to which owners of
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January 15, 2013
Page 11
Protected Uses, or freshwater wells currently in use, or previously platted subdivision where
one or more lots have habitable structure, have consented to reduction in separation standards
in writing”.
There were four additional changes from this evening’s Work Session that the Council would be
considering. Those included (1) the definition of compressor station; (2) separation standards
apply to sites containing a compressor station; (3) noise management standards would also apply
to compressor stations; and (4) “reworking” would be a new definition to include wells whether
producing or not with notices to go out 48 hours in advance to the City and public regarding the
reworking of the wells.
DAG concerns – On January 7, 2013, staff met with DAG representative Adam Briggle. DAG
presented 16 points of concern that remained from the fifth draft. Each concern was discussed in
detail with Dr. Briggle and as a result of the discussion Dr. Briggle provided a statement
indicating that they were still unsatisfied with certain elements. Specific recommendations were
to (1) include compressor stations in the definition of a drilling production site so as to give the
City the authority to regulate certain aspects of any polluting components of the pipeline system
and (2) require operators to pay for pre-and post drilling freshwater well tests in the event that
the well owner opts for such tests. The responses to the concerns were posted to the City’s
website.
Council Member Gregory stated that one of the suggestions was that the City include in the
ordinance provisions similar to rules the EPA adopted in Phase 2 of their air quality program
called “Green Completions”. Those rules would be effective from the EPA in 2015. Council
had asked that those be included in the ordinance and asked Groth to speak on those rules.
Groth stated that those standards were included in the ordinance. “Green Completion” was a
confusing term based on who was using the term. The EPA was trying to regulate a reduced
emission completion. The provisions were inserted in the ordinance and mimicked what the
federal regulations would do.
Council Member Gregory asked if Denton was more restrictive than the EPA rules.
Groth stated it was not more restrictive but mimicked the EPA regulations.
Council Member Gregory stated that the City’s regulations then were not more or less restrictive
than the EPA but the same.
Groth replied correct.
Council Member Watts stated that in Section 33.22.5.p.i; the word “well” would be capitalized to
clarify that the flow back would not go back into an injection well but into a recycle well. He
stated that Council had discussed a number of options for air monitoring and water monitoring
and questioned if those should be explained now or after the public hearing.
Mayor Burroughs felt that those could be explained now so the public would be aware of the
proposed changes and not have to comment on information that the Council was already going to
do.
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January 15, 2013
Page 12
Groth stated that the proposed language regarding the wells would not include Class II injection
wells.
Council Member Watts stated that two of the top priorities were air and water monitoring for the
health and safety of citizens and how to do that effectively was discussed by Council. Flower
Mound did air monitoring through their oil inspection and monitoring department and did not
include it in their ordinance. The cost of those services were recovered though the oil and gas
fees. Water well monitoring had the challenge that with private water wells permission from the
owner was needed in order to do the tests. The same paradigm could be applied to the water
monitoring as the air monitoring in that the City could do the tests within whatever setback was
determined. The oil and gas well division could to do that and it would not have to be placed in
the ordinance.
Mayor Burroughs stated that the direction given to staff during the Work Session was to develop
those initiatives on a departmental basis with the fees to be spread among any development of oil
and gas within the city limits rather than defined in the ordinance.
Council Member Roden questioned how soon Council could be briefed on what Council could
do in that area and how quickly it could be implemented.
Groth stated that the scope of the work and fee structure would have to be defined. Perhaps the
same consultant that helped with the prior fee structure could be used.
Council Member Roden recommended that it be done as quickly as possible to analyze the
options and begin the process.
Mayor Burroughs noted that a similar study was done in Denton and Flower Mound had such a
study also done so would not be a new approach.
Council Member Gregory stated that during the Work Session, Council discussed procedures the
City was already doing in terms of monitoring water quality on surface water. He requested that
Dr. Banks review what the city was currently doing in that area.
Dr. Banks stated that the City had been monitoring surface water since 2001. Staff did monthly
sampling on a grid network at 80 stations throughout the city. A series of chemistry analysis was
done on the water with active monitoring done on a monthly basis.
Council Member Gregory asked what happened if something of concern were found in the
sampling.
Banks stated that that staff would try to find out the source by taking a meter upstream to try and
determine source.
Council Member Gregory asked what was tested in the water.
Banks stated that they could test for all kinds of standard water chemistry. Staff had been doing
the testing for so long that they would know what a deviation would be.
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January 15, 2013
Page 13
Council Member Gregory questioned if the City was concerned about anything unique in the
water system because of drilling and would there be any other kind of tests that should be added
to the regular testing at the 80 stations.
Banks stated that they had dealt with discharges before and looking back, a measure of
conductivity could determine discharges from drilling locations. Conductivity testing was
probably the best.
Council Member Gregory stated if it was determined that other tasks might be appropriate that
would help the City in terms of concerns with pollution from well sites that might add to the cost
of testing, that would be communicated with the rest of staff so as to review the fee structure and
incorporate those into the fees. He asked how Denton compared with other same size population
cities in terms of surface water testing.
Banks stated that he was not aware of a similar sized city that did the same amount of testing or
as often as Denton did.
Council Member Roden stated that the gas well inspection team had the authority to inspect
standing water on gas well sites and what would they be testing for.
Groth stated that the definition of pits included a lot of different pits. There were standards in
terms of the water and staff would be looking at what was in the pit and the concentrations of the
elements. Those did not pertain to a specific pit but all kinds of pits. Each type of pit was
defined and by ordinance allowed for inspection of those pits. If a certain type was used, staff
would look at the standards listed in the ordinance.
Council Member Roden asked, for example, if a salt water disposal pit was used as was typically
done by the industry would that be able to pass the standards staff would be testing.
Groth stated if that type of pit was used, it would have to meet the standards in the ordinance.
The use of that type of pit was not regulated but rather what was in the pit.
Council Member Gregory asked what would be the benefit to citizens to have the definition of
compressor stations included in the ordinance
Groth stated that the definition would clearly define a compressor station and also included
separation and noise standards.
Council Member Gregory stated that this ordinance would provide a definition, setback
requirements and noise limitations that were not there before. A concern had been expressed by
citizens to totally eliminate compression stations. He asked Groth to address why compression
stations could not be eliminated on a high power gas transmission line.
Groth stated that compression stations helped move the gas and without compression the gas
would not flow. If the gas was not flowing the system would not work.
City Attorney Burgess stated that compression stations were part of the equipment used by
pipeline companies to move the gas into interstate or intrastate commerce. Pipeline companies
City of Denton City Council Minutes
January 15, 2013
Page 14
were considered public utilities under the Utilities Code in the State of Texas and as such
operated with certain powers including the power of eminent domain. The issue then became the
city’s regulation of an entity which itself had eminent domain. The Council directed staff to use
some of the city’s zoning powers particularly in the areas of setbacks and noise provisions
specific to the gas operations to the compressor stations as well.
Mayor Pro Tem Kamp stated that staff had direction from Council on what was authorized to do
in the City but Council was not authorized nor had the authority to ban compressor stations as it
was part of the pipeline.
City Attorney Burgess stated that compression stations were part of the pipeline and as pipeline
companies were considered public utilities, banning compression stations would be an attempt to
ban a public utility. Applying the City’s zoning power was the best solution.
Council Member King stated that the City had no legal ability to ban gas wells and had no legal
authority to ban fracking.
City Attorney Burgess stated that the question went to the interest of the property owners. To
disallow the taking of their own property through oil and gas exploration would be considered
problematic.
Council Member Roden asked what sort of pits would be done away with if a closed loop system
were used.
Groth stated that reserve pits and mud circulation pits would go away with a closed loop system.
This, however, would only apply to new wells.
Council Member Roden stated that while pits were not being eliminated and were allowed by
law, by definition, they would not be able to be used in the way they typically would be used.
Some pits would not be utilized when combined with closed loop system requirements with what
was being tested.
Groth stated that the operators would have to come up with a new approach as concentrations
would not meet the standards and a new solution would have to be devised.
Council Member Roden stated that the operator would know the standards and would know how
to operate their facility accordingly.
Groth stated that every application went through a series of permits. During that process the
application was reviewed and staff met with the applicant to go over all the provisions of the
ordinance to make sure the applicant knew what was required to be issued the permit.
Council Member Watt questioned if the salt water disposal pit was part of fracking process.
Groth stated that typically the water from the formation increased the salt content and that was
used during the flowback or the production phase.
City of Denton City Council Minutes
January 15, 2013
Page 15
Council Member Watts questioned if a storage vessel was a pit because if it was not, the
paragraph regarding flowback would not allow that flowback to go back into a pit.
Groth stated that the definition of a tank was anything that stored the water so a pit would be a
storage vessel.
The Mayor opened the public hearing. He requested the speakers try to not repeat what was said
before, to be respectful of each other, and refrain from demonstrations. Council would not
interact while the speakers were speaking.
The following individuals spoke during the public hearing:
Gilbert Mojica, 804 W. Hickory, Denton, 76201 - opposed
Benjamin Butler, 804 W. Hickory, Denton, 76201 - opposed
Sharon Wilson, 1121 Belvedere Drive, Allen, 75013 - opposed
Pauline Raftestin, 2015 Bowling Green, Denton, 76201 - opposed
Bruce and Elma Walker, 9805 Grandview Drive, Denton, 76207 – support with changes
Marc McCord, 616 W. Colorado, Celine, 75009 - opposed
Lee Stone, 2027 Fordham, Denton, 76201 - opposed
Rhonda Love, 1921 Hollyhill, Denton, 76205 - opposed
Council Member Roden stated that Ms. Love had indicated that the ordinance was weak and
questioned what still was left out of the ordinance that needed to be added.
Love stated that she hadn't had time to consider what had been presented this evening.
Obviously air and water were a concern but she would defer to others on what was still needed.
Raul Rodriguez, 804 Campbell, Denton, 76209 - opposed
Crystal Wayne, 1308 Broadway, Denton, 76201 – opposed
Michael Wiley, 910 Avenue A, Denton, 76201 - opposed
Rebekah Hinojosa, 621 Schmitz, Denton, 76209 - opposed
Tom LaPoint, 1900 Highland Park Road, Denton, 76205 - neutral
Vicki Oppenheim, 600 Windfields, Denton, 76209 - neutral
Council Member Gregory questioned how to address the recycling of water in Mr. LaPoint’s and
Ms. Oppenheim’s opinion.
LaPoint stated that a closed loop system should be used more as it would use less water which
was better. There was a higher cost with that system but it would be better.
Council Member Roden asked if they were satisfied with the city’s proposed approach for air
and water monitoring.
Oppenheim stated that the air monitoring program would have to be done correctly as where the
monitors were placed would affect the results. She encouraged best use practices for the
program.
City of Denton City Council Minutes
January 15, 2013
Page 16
LaPoint stated that it was important to have quality control and to have quality firms doing the
work.
Council Member Roden asked if once the data was collected, would the local scientific
community have a use for that data.
LaPoint stated that one key use would be for risk assessment to help identify where the real
problem areas were located. The data could look at which gas facilities were operating
inefficiently and also give data where there were areas of concern and areas with no concerns.
Mayor Burroughs asked if the Flower Mound study had any water testing component.
LaPoint stated it was only for air.
Mayor Burroughs stated that if Denton created a similar testing program for water quality, it
would be far ahead of Flower Mound.
LaPoint replied that would be correct.
Andrew May, 1824 Concord Lane, Denton, 76205 - opposed
Cynthia Talbot, 1011 Panhandle, Denton, 76201 - opposed
Morgan Larson, no address given - opposed
Candice Bernd, 412 ½ Fry, Denton, 76201 - opposed
Cathy McMullen, 805 Ector, Denton, 76201 - opposed
Kelsey Fryman, 903 McCormick, Denton, 76201 - opposed
Adam Briggle, 1315 Dartmouth Place, Denton, 76201 - opposed
Council Member Roden asked Dr. Briggle why it would be important that the air quality went in
the ordinance rather than as part of policy of inspections.
Briggle stated that he would need more information on the proposal and was open to learning
about it.
Amber Briggle, 1315 Dartmouth Place, Denton, 76201 - opposed
Timothy Ruggiero, 10037 Copeland Place, Pilot Point, 76258 – opposed
John and Batavia Russell, 2302 Jacqueline, Denton, 76205 - opposed
Megan Storie, 804 W. Hickory, Denton, 76201 - opposed
Daniel Watts, 516 W. Oak, Denton, 76201 - opposed
Jennifer Lane, 2024 Bowling Green, Denton, 76201 - opposed
Tera Linn Hunter, 804 W. Hickory, Denton, 76201 - opposed
Eamon Danzig, 2300 W. Oak, Denton, 76201 - opposed
Laura Abril, 2424 W. Oak, Denton, 76201 - opposed
Rachel King, 5301 E. McKinney, Denton, 76208 – opposed
Jason Stroud, 118 Bernard, Denton, 76201 - opposed
Ricardo Correa, 117 E. Prairie, Denton, 76201 - opposed
Tyler Carlton, 1201 Cleveland, Denton, 76201 - opposed
Paul Meltzer, 1914 W. Oak, Denton, 76201 - opposed
Bonnie Friedman, 1914 W. Oak, Denton, 76201 - opposed
Phyllis Wolper, 2616 Hereford Road, Denton, 76210
City of Denton City Council Minutes
January 15, 2013
Page 17
David Sanchez, Ruddell, Denton, 76201 - opposed
Laura Hernandez, 929 W. Hickory, Denton, 76201 - opposed
Comment Cards were received from the following individuals:
Mari Metzgar, 2417 Natchez Trace, Denton, 76210 - opposed
David Kaplan, 308 Marietta, Denton, 76201 - opposed
Mike Kaplan, 308 Marietta, Denton, 76201 - opposed
Andrea Schrieber, 308 Marietta, Denton, 76201 - opposed
Steven Ford, 2417 Natchez Trace, Denton, 76210 - opposed
Marsha Keffer, 815 Ector, Denton, 76201 - opposed
Lydia Alexander, 2043 Scripture, Denton, 76201 - opposed
Elizabeth Couley, 2004 Williamsburg Row, Denton, 76209 - opposed
John Murphy, 1905 Whitefish Court, Denton, 76210 - opposed
Ed Meyer, 6015 Fox Point, Dallas, 75249 - opposed
Andrew Tolle, 815 Locust, Denton, 76201 – opposed
Sebastian Lirschel, 815 N. Locust, Denton, 76201 - opposed
Rachel Gunter, no address given - opposed
Jose Jaimes, no address given - opposed
Shannon Beebe, 742 River Oak Way, Lake Dallas, 75065 - opposed
Joey Hawkins, 923 Ridgecrest, Denton, 76205 - support
Sara Nickell, 929 W. Hickory, Denton, 76201 – opposed
Marie Nuckols, 905 Egan, Denton, 76201 - opposed
Maria Saenz, 1606 Pine Hills, Denton, 76210 - opposed
Christopher Klatunde, 1604 N. Elm, Denton, 76201 - opposed
Jay McElhinney, 605 N. Austin, Denton, 76201 - opposed
Chelsea Sherwood, 111 Highview, Double Oak, 75077 - opposed
Carol and Ed Soph, 1620 Victoria, Denton, 76209 - opposed
Jeff Harris, 1025 Mission, Southlake, 76292 - opposed
Cynthia Maguire, 2412 Shenandoah Trail, Denton, 76201 - opposed
Jason and Addy Sykes, 1400 La Mirada, Denton, 76208 - opposed
Naomi Meier, 1400 La Mirada, Denton, 76208 – opposed
Lyila Amine, 2608 Glenwood, Denton, 76209 - opposed
Michael Thompson, 2608 Glenwood, Denton, 76209 - opposed
Adam Newman, 200 S. Bonnie Brae, Denton, 76201 - opposed
Bruce Berg, 602 Emery, Denton, 76201 - opposed
Mario Ovalle, 2119 Westwood Drive, Denton, 76205 - opposed
Steve Naus, 3320 Masch Branch, Denton, 76207 - opposed
Sarah Nobles, 409 Bradley, Denton, 76201 - opposed
Brittany Marie DeNoon, 178 Seabern, Ponder – opposed
Debbie Taboada, 1308 Dartmouth, Denton – opposed
Tricia Dealy, 3704 San Lucas, Denton, 76208 – opposed
Sanjukta Pookulandara, 1139 Oakhurst, Denton, 76210 - opposed
Jessica Gullian, 1030 Devonshire, Providence Village, 76227 - opposed
Diane Harris, 1025 S. Mission, Southlake, 76092 - opposed
Mark Muchalica, 600 Windfields, Denton, 76209 - opposed
Chelsea Bacher, 5601 Bridge, Fort Worth, 76112 - neutral
The Mayor closed the public hearing.
City of Denton City Council Minutes
January 15, 2013
Page 18
Council Member Roden stated that he would like clarify where the ordinance currently was and
what Council had asked of staff. One item added to the ordinance was a setback provision for
compressor stations. The other item discussed was to look at the ordinance from a zoning
perspective and associated possibilities. Staff was also asked to look at air monitoring outside
the ordinance and water monitoring specifically to water wells. He wanted to add to that to look
at zoning in its entirety related to gas drilling and where it was allowed and not allowed.
Another item discussed for a future discussion was the number of wells that would not fall under
the new ordinance and the possibility of some type of incentive program to address those types
of wells or a list of best practices.
Council Member Gregory stated that good suggestions regarding compressor stations had been
noted. Based on where those requirements had been inserted in the ordinance, would the
landscaping, screening and tree planting requirements currently in place for drilling production
sites now apply to compressor stations.
Groth stated that those requirements would only apply to drilling sites but felt that Council
Member Roden had asked that staff look at it as a land use for review of Subchapter 5 of the
zoning ordinance.
Council Member Gregory questioned the insurance requirements and the implications of the
requirements.
Groth stated that the current insurance requirements would be increased based on a prior
suggestion. General commercial liability requirements were already in place.
Council Member Gregory asked how that compared to neighboring cities.
Groth stated he did not have a direct comparison but that some of the numbers were taken from
other communities.
Council Member Gregory asked Groth to review the regulations in this draft regarding flaring.
Groth stated that the current requirement was that there would be no venting or flaring of gases
in residential areas except as allowed by the Railroad Commission or TCEQ.
Council Member Gregory asked what those two organizations allowed.
Groth stated that there was a permit requirement from the Railroad Commission and the TCEQ
set the standards for flaring or emissions.
Council Member Gregory asked if flaring could be done for 14 days.
Groth stated that the TCEQ allowed for about 10 days with a special permit and the Railroad
Commission did allow that.
City of Denton City Council Minutes
January 15, 2013
Page 19
Council Member Gregory stated that some flaring events were very loud and would be in
violation of noise restrictions. He questioned what would happen to the driller if in violation of
the city’s noise restriction even with a Railroad Commission permit.
Groth stated that the ordinance had a noise violation provision and a citation could be issued for
the violation. There was no cure period for this type of violation and a citation could
immediately be issued.
Council Member Gregory asked about the fine associated with that type of citation.
City Attorney Burgess stated that every day would be a separate violation and health and safety
violations were up to $2000 with the maximum amount set by the Court.
Council Member Gregory asked if the City had the legal authority to raise the fine limit.
City Attorney Burgess stated that the $2000 per day was the maximum allowed by State law for
health and safety issues. Council also asked the Fire Marshal as to whether changing the
direction of flaring was a possibility. Additional language was added if practicable and approved
by the Fire Marshal ground flaring that was wholly encased or had masonry screening would be
acceptable.
Council Member Roden stated that currently setbacks of 1000 feet were in the ordinance around
protected uses and that there was a whole context for that. He reviewed the places that were
considered protected uses and pointed out that protected use had been increased.
Council Member King stated that the 1000 feet was from the edge of the platform versus the drill
hole.
Mayor Burroughs stated that Denton had a history of protecting air and water quality and led the
region in both of those aspects. Denton happened to be in an air shed that was poor but it had
been that way for many years before any type of drilling. The problem was vehicular pollution.
Cities did not have unlimited authority but had to follow State regulations. Council wanted an
ordinance that was defensible and net the results everyone wanted. Several people stated that the
industry had more time to speak but that was false. No one from the industry was ever included
in any of Council’s Closed Sessions. He had worked hard with Calvin Tillman, the former
Mayor of Dish, to work on best practices.
Council Member Watts asked what other municipalities had for insurance coverage and how the
current levels were determined.
Groth stated that many of those levels had been in the ordinance for a long time. Changes in the
limits had been made through time. Many of the figures mimicked what other cities were doing.
A risk analysis could be done to see if the limits were appropriate.
Council Member Roden asked if any of the limits had been changed since the first draft of the
ordinance.
City of Denton City Council Minutes
January 15, 2013
Page 20
Groth stated that automobile liability and workers compensation were increased but there were
many other general liability requirements currently in place.
Mayor Burroughs stated that someone mentioned that the City should have the ability to notify
people when a well existed. He stated that such a provision was already in the proposed
ordinance. The site of a well would be recorded so that future or potential owners of nearby
property could track that a well existed nearby. Also future property owners would be notified
of capped wells when going through a title search. Another issue raised was green completion.
The proposed ordinance would include a list derived from EPA and how they defined green
issues. The EPA had a 2015 date for implementation while Denton's would be now. The list of
items that the EPA adopted was from a list that this region presented to them.
Council Member Watts motioned to adopt the ordinance with the following amendments:
References to “wells” in the injection well section, would have a capital “w”
Compression stations setback requirements and noise regulations already had been
included. Add to those landscaping and screening requirements similar to what the
oil and gas well pad sites were subject to.
Mayor Burroughs asked if that would be included in the definitions.
Council Member Watts stated that direction to staff was to consider that in a zoning context but
he wanted it included in this ordinance. Changes could be made at a later date in a zoning
context if needed.
Increase setbacks to 1200 feet as that was the same as the setback from the flood
impingement for Lakes Ray Roberts and Lewisville.
Insurance coverage to be changed as follows - general liability to $5 million;
environmental impairment, seepage or pollution to $5 million if a separate policy and
if included in the general liability coverage be increased to $10 million; excessive
umbrella liability be increased to $20 million
Air and water monitoring would be done through the department
Council Member King offered a friendly amendment to keep the general liability at $1 million
and making the umbrella liability $24 million.
Council Member Watts accepted that change.
Mayor Pro Tem Kamp questioned if all of the proposed amendments could be added to the
ordinance.
City Attorney Burgess stated that they would be included at Council's direction.
Mayor Pro Tem Kamp stated that this had been a very long public process. Some statements
made at the meeting this evening were wrong. Every council member on this Council cared for
the city of Denton and for the citizens of Denton. Council gave respect to the speakers when
they were speaking to Council. No one was going to get everything they wanted. The proposed
City of Denton City Council Minutes
January 15, 2013
Page 21
ordinance was much stricter than what currently was in place and she felt that it would be a
model for other cities. The ordinance would continue to be reviewed to see if it needed to be
better.
Council Member Roden seconded the motion.
Council Member Gregory stated that he was in support of the 1200 foot setback as it was
consistent with the setbacks from with the flood pool with Lakes Ray Roberts and Lewisville. It
made an improvement from what currently was in place.
Council Member Watts stated that this was a moving document that would be looked at on a
regular basis. He appreciated all who were involved in the process.
Mayor Burroughs felt the proposal was as strong as he believed it could do at this time especially
with the testing of air and water. He felt there would be revisions in the future after the
document had been approved as there would be changes in the industry.
Council Member King stated that the goal was to have something workable and defensible.
Council Member Watts motioned, Council Member Roden seconded to adopt the ordinance with
the amendments as listed by Council Member Watts. On roll call vote: Council Member Watts,
Council Member Gregory, Mayor Pro Tem Kamp, Mayor Burroughs, and Council Member
Roden – “aye”; Council Member King – “nay”. Motion carried with a 5-1 vote.
7. CITIZEN REPORTS
There were no citizen reports for this meeting.
8. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or
recitation of policy, or accept a proposal to place the matter on the agenda for an
upcoming meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
City of Denton City Council Minutes
January 15, 2013
Page 22
Council Member Roden noted that Martin Luther King, Jr. Day would be celebrated at Fred
Moore Park on Saturday with a parade on Monday.
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.
Council Member King mentioned the upcoming “You are Beautiful” luncheon to support cancer
awareness.
With no further business, the meeting was adjourned at 11:37 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS