October 01, 2013 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
October 1, 2013
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, October 1, 2013 at 3:00 p.m. in the Council Work Session Room.
PRESENT: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, Council Member Hawkins
ABSENT: Mayor Pro Tem Kamp
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for October 1, 2013.
Council Member Gregory asked about the current status of Consent Agenda Item G and how far
along was the project. He also questioned if there would be any additional change orders.
Jim Coulter, General Manager-Wastewater, stated that the project was 70% complete. On a
retrofit, staff did the best to determine underground conditions but there were pipe conditions
with this project and a need to take care of the problem.
Mayor Pro Tem Kamp arrived at the meeting.
3.Receive a report, hold a discussion, and give staff direction regarding a proposed Hotel
and Convention Center project.
Jon Fortune, Assistant City Manager, stated that there was new information regarding the
project. He reviewed the background information concerning the project and the details of the
project. He noted that his presentation at this meeting would center on the Development Steps.
The Development Steps included (1) hire an architect and construction manager through a
contract with OHM, (2) initiate project design to obtain design development drawings, (3)
implement creation of a TIRZ and determine level of participation from other governmental
entities, (4) solicit construction proposals for a guaranteed maximum price, (5) evaluate
construction proposals and award guaranteed maximum price contract, (6) finalize contraction
budget, (7) feasibility period ends and participants determine whether to continue, (8) City
initiates process for the sale of bonds, (9) bond closing and fund become available, (10) with
funding available, design was completed, (11) City hires a project manager, (12) complete TIRZ
creation, (13) begin hotel/convention center marketing, (14) begin construction, and (15) open
hotel/convention center. A review of what happened in the first two years after selling the debt
was presented.
Fortune reviewed an example of a proforma with level debt. Assumptions associated with the
proforma with level debt was that property tax was based on hotel income at 85% taxable, sales
tax was based on food and beverage sales from the hotel and restaurant, and the debt service was
estimated based on a 6% taxable issue. The proforma probably would not coincide with the
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October 1, 2013
Page 2
City's fiscal year as there would probably be a mid-year opening and the figures for the proforma
would change. An example of a proforma with a graduated debt was also presented.
Council Member Roden stated that in the upcoming weeks he would like to have the Convention
and Visitors Bureau experts look at and see what they would project for an occupancy rate. He
would also like to see a worst case scenario in terms of occupancy rate so Council would know
what might be happening in that case. Council discussed the two scenarios. Fortune presented
figures for a proforma with level development.
Council discussed the various scenarios in terms of occupancy rate, money applied to debt
payment, levels during the feasibility stage, and a scenario if O’Reilly was no longer a partner in
the project,
Item 6 was considered.
6.Presentation by Kimberly Sims, Public Information Manager for the I35 Express
regarding the project and information on how to stay connected to the project.
Ms. Sims presented an update on the 35Express project. The project was a design-build project
which allowed a cost efficient and quicker project. The project went from Highway 380 to I-635
and included general purpose lanes, frontage roads and managed lanes and should be completed
in early 2017. Managed lanes were tolled lanes with variable pricing and would be reversible.
Mayor Burroughs stated that there would be no managed lanes in Denton.
Sims stated that was correct and that the managed lanes would stop in Corinth. The middle
segment was from FM 2181 to the President George Bush Turnpike. It would have some
managed lanes with three lanes in each direction. Work on a new southbound frontage road
would start mid-October. A new southbound Lewisville bridge would be built.
Mayor Pro Tem Kamp stated that there would be pedestrian lanes both on the new and old
bridge.
Sims continued that the north segment was from US 380 to FM 2181. It would transition from
two lanes to three lanes. There would be new bridges, and a rehab and expansion of the bridges
at Mayhill, US 288, US 77, McCormick and Bonnie Brae. Early work included rehab and
expansion of the bridges at Bonnie Brae and drainage and culvert work near US 77. Next steps
included right-of-way acquisition and early design.
There was a new website available for outreach and construction plans. Citizens could sign up
for a newsletter. There was also a hotline and a project email address. External communications
task force community meetings and business owner task force meetings would be held.
Mayor Pro Tem Kamp stated that she would like a copy of the update plans. A link should be
added to the City’s website with this information for citizens.
Item 7 was considered.
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7.Receive a presentation from Freese & Nichols regarding program management, project
management, civil engineering, land permitting, and land acquisition services to assist
with the DME CIP. Discuss and give staff direction regarding Freese and Nichols
providing services to assist with DME CIP.
Phil Williams, General Manager - DME, stated that steady growth and aging infrastructure
combined to cause a need now for a large investment to upgrade Denton’s electric utility
transmission and distribution system. The proposed project included $257 million for
transmission lines and substations. Seventeen new substations would need to be designed, built,
tested and included 17 public involvement neighborhood meetings. The transmission line
portion of the project included 11 line sections and 30 miles of lines to build or upgrade plus
design built and test. The substations would need 140 acres of land to buy and 65 tracts to
transact while the transmission line portion of the project would need 235 tracts of right-of-way
to acquire. There were 25 elements for each project. A review of the previous consulting
contracts for elements of the project was presented. Consultants were needed for their special
expertise, for additional short term resources, would not cost more than employees and
consultants benefited from economies of scale. The economies of scale included (1) pay for
hours used, (2) high level of expertise available on part-time cost basis, (3) costs were spread
over many clients, (4) a team of 15 experts but full-time equivalent of only 5, (5) skills change as
the project progresses from land to permitting to construction, and (6) utilities were not
conducive to changing employees often and quickly. The Freese and Nichols services portion of
the agreement were presented.
Council Member Roden asked about the cost and time elements. He questioned if the projects
were done in-house, what would be the cost and time.
Williams stated that the cost would be the same as having full-time employees. The time would
be extended in order to ramp up to find the talent with the specialists and probably would double
the project time.
Mayor Pro Tem Kamp stated that some of the funding would be spent anyway whether done in-
house or with a consultant.
Williams stated that it would be about 6% of the amount for consultant work.
Kendall King, Freese and Nichols, reviewed DME’s challenge, the approach for the project,
related experience, project management tools and the project team. The goal was to complete all
projects within 5 years and the planning portion within 3 years. At the program peak there
would be 15-18 concurrent projects. There would be four main areas of the project: (1) route/site
selection, (2) project design, (3) the construction phase, and (4) right-of-way/land acquisition.
He detailed the project manager duties and how some of the projects would be shifted off the
project manager duties and put on Freese and Nichols. Freese and Nichols would support DME
through (1) program management, (2) project management assistance, (3) right-of-way
acquisition, (4) DRC/SUP process support, (5) project controls, (6) GIS database administration,
(7) construction phase assistance & inspection, and (8) engineering support as needed. Project
management assistance would include day-to-day management of the project team, meetings, the
preparation and maintenance of project schedules/budgets, preparation of project status reports,
preparation and maintenance of critical actions items list, the coordination of right-of-way
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efforts, right-of-way scheduling considerations, compliance with the requirements of SB 18 and
the maintenance of a right-of-way GIS database.
Council Member Roden asked how the public involvement portion would be coordinated with
Freese and Nichols to make sure all the bases were covered.
Williams stated that Freese and Nichols would help coordinate those projects. They would not
replace the public involvement process but rather coordinate it with all of the entities.
King continued with project controls that included scheduling, cost control, and planning. The
construction phase would include bid phase assistance, construction contract administration, and
construction management.
Item 4 was considered.
4.Receive a report, hold a discussion, and give staff direction regarding a policy for valet
parking.
Jim Coulter, Manager for Water/Wastewater, presented the update on a proposed valet parking
ordinance. The City had received a request from the owner of Queenies for valet parking. Staff
worked through some initial issues and currently Queenies was operating under the following
criteria: (1) a valet stand may be placed on the sidewalk facing the public parking spaces, (2)
valet service may utilize one or two public parking spaces if spaces were open, (3) valet service
may politely ask a citizen if they would move their vehicle to accommodate valet, and (4) the
valet service could not require a citizen to move their vehicle and may not block pubic parking
spaces. Other businesses indicated that they might want to provide this service. Staff was
continuing to work on a draft valet parking ordinance and to simplify the ordinance to better
align it with the existing issue. Staff recommended continuing with the temporary permitting
process until a valet parking ordinance was finalized.
Council Member Roden questioned if the temporary permit process involved payment at this
time.
Coulter stated that staff time was involved but currently there was no charge for the spaces.
Council Member Roden asked about a recommendation for a fee during the temporary process.
Coulter stated staff was also considering a requirement for an agreement with some private
parking area for a leased space so there would be a place to take the cars and not put them in a
public parking area.
Mayor Burroughs questioned the sample ordinance language regarding the number of spaces.
Coulter stated that the need was for enough spaces for parallel parking to off load the vehicles.
City Manager Campbell stated that an establishment would have to have a minimum of 2 spaces
and may need more.
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Council Member Gregory stated that he would hate to require 2 spaces if the situation did not
need it. For example, the case of a driveway next to a space or next to a fire hydrant. Two
spaces in that situation would not be necessary. He suggested striking that language due to some
circumstances.
Mayor Burroughs suggested having the Director determine, for safety reasons, the number of
spaces needed.
Council Member Roden asked if proof of insurance would be a requirement.
Coulter stated that currently it was not a requirement.
Council Member Roden questioned if there was a distinction between a permit and an ordinance
in terms of long term versus short term.
Aimee Bissett, Director of Economic Development, stated that right now there was a temporary
arrangement but that was not a permit at this time. The current process was an informal process.
The establishment was using a valet company that was insured.
Coulter stated that Queenies was operating under the temporary process. To date, no one had
requested to do the service.
Council Member King felt that a permit process sounded like someone would have a right to use
those spaces for valet. He stated the City did not guarantee that there was no risk for parking. He
suggested putting limits of insurance in the process.
5. Receive a report, hold a discussion, and give staff direction regarding a ban on wireless
communication use while operating a motor vehicle in the City of Denton.
Jim Coulter, Director of Water/Wastewater, presented the information on the proposal. Staff was
seeking direction from Council on whether to proceed with a proposed ban on wireless
communication use while operating a motor vehicle in the city. The concern originated from the
Traffic Safety Commission. The issue was first presented to the Traffic Safety Commission in
September 2012. At that meeting, staff recommended waiting on the State legislative session to
see if they would produce a state-wide standard which the Commission agreed to do. The
session did not pass a state-wide ban so staff was bringing forward a recommended ordinance
from the Traffic Safety Commission. The ordinance included a ban on handheld devices
including texting. The recommendation was if a ban was going to be in place that it be a full ban
because of the difficulty to enforce just a texting ban. A hands free device would be permitted.
It did provide for use of handheld devices by emergency personnel. Staff was seeking direction
on this issue.
Mayor Pro Tem Kamp asked about a Bluetooth as those were not hand held.
Coulter stated that if the device would be banned if it was hand held.
Mayor Pro Tem Kamp asked how it would be determined if the device was being used.
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Lee Howell, Chief of Police, stated that enforcement of the ordinance would require an
observance of the phone in hand. If it was not in view, there would be no observable violation.
Council Member Roden stated that statistics were staggering regarding the number of accidents
and fatalities. There already was a ban of cell phone use in school zones. He questioned if the
police could recognize that a driver was distracted and would merit stopping the car. That would
be an observance of a behavior rather than seeing the usage.
Howell stated that in terms of enforcement, a complete ban was easier than a texting ban.
Stephanie Berry, City Prosecutor, stated that cell phone violations were similar to seat belt
violations. A cell phone violation would have an individual looking at something in the car.
Council Member Gregory questioned if phone records could be subpoenaed if an individual said
he was not using a phone in a car.
Berry stated that as a prosecutor she could not do that but in a civil lawsuit it could be done.
Council discussed various scenarios for possible violations as seen by the police and other types
of distractions and the inability to ban all types of distractions. Questions were also raised on
how motorists would be notified about the ban.
Council Member Engelbrecht stated that the financial estimate was $32,000-$36,000 for signage.
That signage would have to be put in all entrances and all exit ramps going into the city and
questioned if it would involve the Interstate and TxDOT roads in the city.
Mayor Burroughs stated that as an attorney he had problems on picking and choosing the
distractions. He had hoped the State would produce something during the recent session as it
would be extremely difficult for people coming into Denton to stop talking due to a non-uniform
regulation that affected everyone. This created a potential for lots of ticket writing with police
officers waiting on the edge of the city limits to see if people were using their phones. In terms
of enforcement a school zone was different. Separate bans on phone, text or both were very
difficult and would be the worst of law for people not fully informed. Signs at every entrance to
the City would not be public friendly. Again, as an attorney, it would be very difficult to
operate in a fair manner if just the city of Denton had the ban. Everyone needed to encourage the
State to take action.
Mayor Pro Tem Kamp asked about having a ban in the city limits but exempt I35. She had also
hoped that the State would have done something in the last session.
City Attorney Burgess stated that Legal had tried to consider not just cell phones but Ipads and
other devices that people used while driving and to include those in the ban.
Council Member Hawkins stated that he was in favor of no texting but a complete ban might be
overregulation and might lead to other regulations that were not necessary.
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October 1, 2013
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Council Member King stated that it was hard to enforce some issues. He was undecided at this
point on whether to agree or not. This was so prevalent in society that he didn’t know how to
address this issue.
Council Member Gregory stated that he was comfortable with the recommendation from the
Traffic Safety Commission. He was not concerned with the slippery slope argument. The
ordinance could be changed when technology changed. He was thinking about it from the
standpoint of a person on the road who could be killed by someone distracted.
Council Member Roden felt the issues were right for community conversation perhaps on
Engage Denton. He was in favor of moving forward with the process and getting help with the
community process and conversation.
Council Member Engelbrecht stated that he would like to see the issue move forward and get
public input on the proposal. A grace period should be considered to properly notify the public.
Consensus of the Council was to proceed with developing the ordinance and receiving citizen
input.
Item 8 was considered.
8.Receive a report, hold a discussion, and give staff direction regarding the 2013 Water
and Wastewater impact fee study.
PS Arora, Wastewater Division Manager, presented the information for this item. He stated that
an impact fee was a mechanism for funding the infrastructure necessary to accommodate new
development. It was a one-time charge assessed to new development for a portion of costs
related to the 10-year impact fee capital improvement program. State law required an update
every 5 years with the last update done in 2008. Impact fee consultant Duncan and Associates
prepared a 2013 Water and Wastewater impact fee study. This study calculated the costs to
provide a new customer with water or wastewater service, which became the maximum impact
fee amounts allowed under Chapter 395. The Council could choose to collect Water and
Wastewater fees at any amount up to the maximums set by the impact fee study. The impact fee
study also considered adding an infill zone in response to the Council’s desire to encourage infill
development.
The impact fee calculations using land use and population projections were reviewed along with
the Master Plan infrastructure requirements. Part of the impact fee procedures included
developing a 10-year impact fee Capital Improvements Advisory Committee and removing costs
associated with existing demand and growth beyond 10 years.
Additional impact fee procedures included (1) a Council resolution to consider impact fees, (2)
the appointment of a CIP advisory committee, (3) land use assumptions, CIP and impact fee
recommendation from CIAC, (4) published notices of hearings 30 days in advance, (5) reports
made available to the public, and (6) public hearings and adoption.
Currently there were two wastewater impact fee zones. The area where the City was able to
charge an impact fee went beyond the city limits and included most of the ETJ. He detailed the
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October 1, 2013
Page 8
wastewater impact fee CIP highlights. The maximum recommended fee suggested was $2,851
with a combined Zone 1 and Zone 2 recommended fee at $2,200. The Denton Development
Code had a definition of an infill zone. Staff divided the infill zone into Zone1A and Zone 1B.
There was a disproportionate amount in Zone 1B for development. Staff, the Public Utilities
Board, and the Capital Improvements Advisory Committee recommended no infill zone for
wastewater, a single impact fee zone and set the impact fee at $2,200.
Tim Fisher, Water Division Manager, reviewed the water side of the impact fee. He stated that a
water impact fee did not pay for growth. The current water service area was currently divided
into two zones that had different impact fees reflecting the differing cost of service for those
areas. The infill boundaries were detailed along with infill recommendations from staff, the
Public Utilities Board and the Capital Improvements Advisory Committee. Staff recommended
adoption of water impact fees at $3,800 for Zone 1, and $4,500 for Zone 2. If an infill zone was
adopted, staff recommended fees of $3,100 for Zone 1A (the new infill zone), $3,900 for Zone
1B (the rest of the existing Zone 1) and $4,500 for Zone 2.
The Public Utilities Board passed a recommendation to add an infill zone and set fees at the
revised staff recommended levels of $3,100 for Zone 1A (the new infill zone), $3,900 for Zone
1B (the rest of the existing Zone 1) and $4,500 for Zone 2.
The Capital Improvements Advisory Committee passed a recommendation to add an infill zone
but to set fees at the original staff recommended levels of $2,700 for Zone 1A (the new infill
zone), $4,100 for Zone 1B (the rest of the existing Zone 1) and $4,900 for Zone 2.
Consensus of the Council was to continue with the development of the water and wastewater
impact fees.
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the items listed below.
1. Closed Meeting:
A. Deliberations regarding Consultation with the City Attorney - Under Texas
Government Code Section 551.071, Deliberations regarding Economic
Development Negotiations - Under Texas Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code. Also hold a discussion
regarding granting economic development incentives to Tetra Pak
Materials LP with respect to expansion of a manufacturing facility and
development of a national headquarters facility. This discussion shall
include commercial and financial information the City Council has
received from Tetra Pak Materials LP which the City Council seeks to
have locate, stay, or expand in or near the territory of the city, and with
which the City Council is conducting economic development negotiations;
including the offer of financial or other incentives.
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October 1, 2013
Page 9
This item was not considered.
B. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Consult with City's attorneys regarding complaint filed with the EEOC by
Regie Wilkinson, and receipt by the City of a demand letter from an
attorney representing him, where public discussion of these legal matters
would clearly conflict with the duty of the City's attorneys to the City of
Denton and the Denton City Council under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas.
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. Fire Prevention Week
Mayor Burroughs presented the proclamation for Fire Prevention Week.
3.CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Gerald DeMarsh regarding a traffic accident and no insurance.
Mr. DeMarsh presented information on an accident in which the driver did not have a driver’s
license or insurance. He had problems with the police and felt that he was not treated fairly.
4. CONSENT AGENDA
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote: Mayor Burroughs,
Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council
Member King, Council Member Roden, Council Member Hawkins – “aye”. Motion carried
unanimously.
City of Denton City Council Minutes
October 1, 2013
Page 10
Ordinance No. 2013-261
A.Consider adoption of an ordinance of the City Council of the City of Denton,
Texas calling a public hearing of the Denton City Council on land use
assumptions, a capital improvements plan, and a proposed amendment to impact
fees related to the possible adoption of amended water and wastewater impact
fees in accordance with Chapter 395 of the Texas Local Government Code;
requiring the City Secretary to post notice of the public hearing and to provide
additional notice of the public hearing as set forth in the body of this ordinance;
and providing an effective date.
Approved the noise exception listed below.
B. Consider a request for an exception to the Noise Ordinance for the purpose of
performing live music during a new event, Fry Fest Concert. The outdoor concerts
and activities will be located on portions of Avenue A and Fry Street, beginning at
1 p.m. and concluding at 10 p.m., on Saturday, October 5, 2013. This request is
for an increase in decibels from 70 to 75. Staff recommends approval.
Ordinance No. 2013-262
C. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a purchase order through the Buy Board Cooperative Purchasing
Network for the acquisition of a Milling Machine and Asphalt Paving Machine
for the City of Denton Streets Department; and providing an effective date (File
5371-Milling Machine awarded to R.B. Everett and Co. in the amount of
$391,894.30 and asphalt paver awarded to Holt CAT in the amount of
$156,716.00).
Ordinance No. 2013-263
D. 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 Department for professional engineering and consulting services; and
providing an effective date (File 5349-awarded to CP&Y, Inc. in a not-to-exceed
amount of $150,000). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2013-264
E. Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement (PSA) with Solutient GeoSciences, Inc. and the
City of Denton Solid Waste Department for hydrogeological and analytical
services; and providing an effective date (File 5348-awarded to Solutient
GeoSciences, Inc. in a three (3) year amount not-to-exceed $287,791). The
Public Utilities Board recommends approval (6-0).
Ordinance No. 2013-265
F. Consider adoption of an ordinance accepting competitive proposals and awarding
a public works contract for Parking Lot and Infrastructure Improvements for the
City of Denton Solid Waste Operations Building; providing for the expenditure of
funds therefor; and providing an effective date (RFP 5222-awarded to Caliber
Construction Inc. in an amount not-to-exceed $359,198). The Public Utilities
Board recommends approval (7-0).
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October 1, 2013
Page 11
Ordinance No. 2013-266
G. Consider adoption of an ordinance authorizing the City Manager to execute
approval of a Change Order 9 to the construction contract with Bar Constructors,
Inc., for the construction of the Lake Lewisville Water Treatment Plant upgrade
project to increase the construction contingency allowance by an additional
$290,000; revising the contract total amount from $32,142,000 to $32,432,000;
providing for the expenditure of funds therefor; and providing an effective date.
The Public Utilities Board recommends approval (5-0).
Ordinance No. 2013-267
H. Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for the purchase of Remanufactured Toner Cartridges and Printer
Supplies for the City of Denton; providing for the expenditure of funds therefor;
and providing an effective date (RFP 5200-awarded to TIC Express, LLC, in the
annual estimated amount of $150,000 for a three (3) year not-to-exceed amount of
$450,000).
Ordinance No. 2013-268
I. Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for the purchase of Okonite Electric Utility Underground and
Substation Cable for Denton Municipal Electric; providing for the expenditure of
funds therefor; and providing an effective date (RFP 5203-awarded to The
Okonite Company in a three (3) year not-to-exceed amount of $2,000,000).
Resolution No. R2013-031
J. Consider approval of a resolution allowing El Guapo's to be the sole participant
allowed to sell alcoholic beverages at Oaktopia November 16, 2013, upon certain
conditions, authorizing the City Manager or his designee to execute an agreement
in conformity with this resolution; and providing for an effective date. Staff
recommends approval.
Ordinance No. 2013-269
K. Consider adoption of an ordinance approving a sponsorship in an amount not to
exceed $2,000 of in-kind services and city resources for the 2013 Mayor's Mile, a
community wellness walk to be held at the Denton County Transportation
Authority's MedPark Station located at 3220 MedPark Drive beginning at 8:30
a.m. on October 5, 2013; and providing an effective date.
Ordinance No. 2013-270
L. Consider adoption of an ordinance approving revisions to the "Amendment to
Municipal Maintenance Agreement for the Furnishing, Installing, Operation and
Maintenance of Cameras on State Highway Rights-of-Way to Monitor
Compliance with Traffic Control Signals" entered into by and between the City of
Denton, Texas and the State of Texas, acting by and through its Texas
Department of Transportation; providing the City Manager with authority to
execute said agreement and to carry out the rights and duties of the City regarding
said agreement; and providing an effective date. The Traffic Safety Commission
recommends approval (4-0).
City of Denton City Council Minutes
October 1, 2013
Page 12
Approved the noise exception listed below.
M. Consider a request for an exception to the Noise Ordinance for the purpose of the
Oaktopia Festival sponsored by Monocle LLC. The event will be held on City
property, Williams Trade Square, on Saturday, November 16, 2013, from 2 p.m.
to 10 p.m. The exception is specifically requested to increase sound levels from
70 to 75 decibels. Staff recommends approval.
Resolution No. R2013-032
N. Consider approval of a resolution nominating members to the Board of Directors
of the Denton Central Appraisal District; and declaring an effective date.
Ordinance No. 2013-271
O.Consider adoption of an ordinance authorizing and approving the transfer of an
Airport Lease Agreement approved by Ordinance 2004-362 on December 1, 2004
and subsequently amended between the City of Denton, Texas and Jet Works Air
Center Management, LLC for the property located at 5035 Warbird Drive, Denton
Enterprise Airport as authorized by the United States Bankruptcy Court for the
Northern District Of Texas, Fort Worth Division, in Case No. 12-46776-RFN for
the sale of all assets of Jet Works Air Center Management, LLC to Greenpoint
Aerospace Corporation; and providing an effective date.
5. PUBLIC HEARINGS
Ordinance No. 2013-272
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas designating a certain area within the city limits of Denton as
Tetra Pak Materials, LP, Limited Partnership Reinvestment Zone No. XI for
commercial/industrial tax abatement establishing the boundaries of such zone,
making findings required in accordance with Chapters 311 and 312 of the Texas
Tax Code ordaining other matters relating thereto; providing a severability
clause; providing for repeal; and providing an effective date.
Aimee Bissett, Director of Economic Development, presented the details of the establishment of
a reinvestment zone. Tetrapak was working on an expansion project to relocate their
headquarters to Denton. The Economic Development Partnership Board had considered the
request and recommended approval with a 65% abatement per year for four years.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Gregory requested a description of the zone.
Bissett stated that it was the same boundaries of the Tetrapak parcel.
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October 1, 2013
Page 13
Council Member King motioned, Council Member Hawkins seconded to adopt the ordinance.
On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht,
Council Member Gregory, Council Member King, Council Member Roden, Council Member
Hawkins – “aye”. Motion carried unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2013-273
A. Consider adoption of an ordinance authorizing the Mayor to execute a Tax
Abatement Agreement with Tetra Pak Materials, LP, setting forth all the
required terms of the tax abatement agreement in accordance with the terms of
Chapter 312 of the Texas Tax Code; setting forth the various conditions
precedent to Tetra Pak Materials LP, a Limited Partnership, receiving the tax
abatement; providing for a severability clause; and providing an effective date.
The Economic Development Partnership Board recommends approval (8-0).
Council Member Roden motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht,
Council Member Gregory, Council Member King, Council Member Roden, Council Member
Hawkins – “aye”. Motion carried unanimously.
7. CITIZEN REPORTS
There were no citizen reports for this section of the 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.
Mayor Burroughs stated that he had participated with Denton County offices regarding flu shots
and promoting awareness that flu season was now and how important it was to get the shot to
help prevent the spread of the flu.
City of Denton City Council Minutes
October 1, 2013
Page 14
Council Member Roden stated that he would like to schedule an update on the food truck
ordinance and what to do with food trucks serving on city property.
Council Member Roden asked about the Historic Landmark Commission project on Bell
Avenue.
Council Member Engelbrecht stated that there was an open house scheduled at Fire Station #7 to
discuss the gas well project on Bonnie Brae and Vintage Parkway.
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 Session.
With no further business, the meeting was adjourned at 7:12 p.m.
_____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS