September 10, 2013 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 10, 2013
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 10, 2013 at 2:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Engelbrecht, Council Member King, Council Member Hawkins,
Council Member Gregory, Council Member Roden
ABSENT: Mayor Burroughs, Mayor Pro Tem Kamp
Due to the absence of the Mayor and Mayor Pro Tem, Council Member Gregory called the
meeting to order.
1. Citizen Comments on Consent Agenda Items
There were no citizen requests to speak on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for September 10, 2013.
Council did not request any clarification of items on the agenda.
3.Receive a report, hold a discussion, and give staff direction regarding the Hickory Grand
Street project.
PS Arora, DRC Project Administrator, stated that the design of the project was almost
completed. To get input from the stakeholders on the design elements before the 100% design
completion, a progress presentation was made to the merchants and residents in the Grand Street
corridor. Staff also presented the project progress information to the Downtown Task Force.
The input received from the members and residents was presented to the Task Force. He noted
that the complete list of those concerns and recommendations were listed in the agenda backup
materials.
A review of the project limits was presented, noting that an additional project was the
rearranging of the Williams Trade Square parking lot. Currently there were 234 parking spaces
in the lot and with redesign 80 more spaces would be added. The overall plans for the area, rain
garden area and specifications for the project were presented.
th
July 19 merchant/neighborhood meeting - about 50 people attended the meeting. Concerns
expressed during that meeting included (1) a place to put signage and/or ongoing notices of
phasing during construction; provide a link on the project progress on the city’s website, (2)
provisions for bike and motorcycle parking areas, (3) opportunity to use powder coated light
poles versus rock covered poles, and (4) concern regarding pedestrian access to businesses
during construction.
Arora reviewed the bike rack locations. Currently were 39 proposed spaces with a proposed
increase to 16 for a total of 53 spaces.
Council Member Gregory felt that 16 new spaces would not be enough.
City of Denton City Council Minutes
September 10, 2013
Page 2
Arora stated that the number of spaces could be increased by increasing the size of the racks.
Phase 1 of the project would involve Locust to Austin. Work in this phase included full closure
between Locust and Austin and all work, right-of-way to right-of-way to be completed during
this phase between Locust and Austin. Phase 2 would involve Austin to Bell north and would
involve removing on-street parking, traffic shifts south to two 10’ lanes. A minimum of 3 feet of
accessible sidewalk would be maintained at all times throughout all construction phases with
temporary access provided to businesses through plywood panels over the construction. Phase 3
would involve Austin to Bell south. Projects in that phase would include moving traffic to 1-10’
lane per direction on new pavement (north), and on-street parking constructed in Phase 2 opened
and available. A minimum of 3 feet of accessible sidewalk to be maintained at all times through
all construction phases with temporary access to be provided to businesses through plywood
panels over construction. Phase 3F involved Austin to Bell south with projects including all
drainage elements, driveway and main lane pavements to be laid in one phase from Austin to
Bell south of the location of traffic. Also temporary access would be provided at driveway
crossings during the paving.
Additional comments from the July 19th merchant/neighborhood meeting included (1) any
provisions for DME to install electric vehicle charging stations, (2) First United Methodist
Church would like two access points into the Wells Fargo/Williams Trade Square parking area,
(3) merchants would like to see the Wells Fargo and Williams Trade Square parking areas
constructed in Phase 1 prior to street construction because of loss of on-street parking during
construction, and (5) concern on where inventory and beverage vehicles would park during
construction and upon project completion.
Arora reviewed the reconfiguration of the Williams Trade Square Parking Lot. Currently there
were 211 spaces, the change in Hickory Street on-street parking would provide 110 spaces for a
total of 321 spaces compared to the current 234 existing spaces. Changes in the parking lot
included rounded edges removed, modification of curbs, islands and striping and a 50’ access
required to the dumpster location. A proposed loading zone 65 feet in length located on
Industrial Street would accommodate the truck traffic for the business locations.
th
July 19 merchant/neighbor meeting concerns continued - (1) where would the crosswalks be
located on Hickory Street, (2) would the project affect the Day of the Dead festival, (3) comment
about no parking provided along Weldon's Western Wear near Bell/Hickory Street, (4) what was
the status of DME, Verizon and Atmos coordination, (5) were there provisions to enable lighting
of street trees like the Downtown Square and (6) concern regarding back-in angled parking on
steep slopes.
Council Member Roden felt that a better place for a crosswalk would be in the middle of the
street rather than at the corners of the street.
Council Member Engelbrecht suggested looking at angle crosswalks in the middle of the street
for a safer means of crossing.
Mayor Pro Tem Kamp arrived at the meeting and took over the chair from Council Member
Gregory.
City of Denton City Council Minutes
September 10, 2013
Page 3
Arora stated that Council Member Roden had commented at the July 19th meeting on the final
sidewalk size and accommodations for outdoor patio spots.
Mayor Burroughs arrived at the meeting.
Council discussed the widths of the sidewalks and the streets in the area of Hickory Street.
Mayor Pro Tem Kamp asked about LED lighting on the streets
Arora stated that it was his understanding not to proceed in that direction. If Council wanted to
pursue that option, he would bring back the pros and cons of the feature.
4. Receive a report, hold a discussion, and give staff direction regarding road impact fees.
PS Arora, Assistant Director of Wastewater, stated that staff used the Mobility Plan,
Connectivity Plan, current CIP project information, the Transportation Criteria Manual, and the
Development Code requirements to assess road exactions for proposed developments. In
applying the road exaction ordinance located in the Denton Development Code (DDC), staff
found several deficiencies. New developments or a higher intensity use in an existing
development created additional traffic. To accommodate this additional traffic, the proposed
development needed to pay for necessary road improvements. This resulted in exactions for road
improvements per the DDC. Current DDC exactions included existing perimeter street
improvements, new perimeter streets, sidewalks, offsite improvements, signal cost participation
and proportionality assessment. Examples of what exactions for road improvements were
assessed for some of the proposed developments were reviewed. A $1,500 road impact fee
versus actual construction costs for several projects was also presented.
Council discussed the variances in the fee scenarios and the reasons for those differences. The
discussion also included the difference between TxDOT roadways as opposed to city streets and
an improved street versus a non-improved street.
Arora continued with a definition of an impact fee. An impact fee was a mechanism for funding
the infrastructure necessary to accommodate new development. It would be a one-time charge
assessed to new development for a portion of costs related to a specific capital improvement
program. Components that could be paid for through an impact fee program and components
that could not be paid for through an impact fee program were reviewed. Next the positive and
negative aspects of the DDC and Impact fees were discussed. The current DDC required
payment to be limited to the project location, $2.5 million was tied to specific locations, had
provisions for “road/sidewalk to nowhere” construction and had unnecessary transitions to tie to
existing road. Impact fees allowed for pooling of funds and allowed for the implementation of
key system improvements over a piece-meal approach.
Council discussed the pooling of funds and how the funds would be used for different projects.
Arora reviewed fee benchmarking in the Metroplex area and showed possible impact fee service
areas including how many service areas would be necessary to comply with the State law
requirement. Staff had compiled a draft list of what arterials and collector streets, and signals
City of Denton City Council Minutes
September 10, 2013
Page 4
and intersection improvements might be eligible for Road Impact Fees. Staff had also compiled
all of the development project data in the past four years and determined what could have been
assessed as Road Impact Fees in those years for a $1500 or a $2000 Road Impact fee.
Council Member King questioned if the development community would view these fees as
punitive.
The State mandated tasks to implement impact fees included (1) establish Service Areas, (2)
develop land use assumptions, (3) a capital improvements plan, (4) determine cost per Service
Unit, (5) general land use equivalency table, and (6) hold a public hearing process. Based on the
cost to implement the Road Impact fee by several other cities in Texas, it was estimated that
Road Impact Fees implementation in Denton could amount to $250,000 to $300,000. Staff had
included funding of $300,000 in the 2013-14 budget that was currently in the public hearing
process for adoption.
Bryan Lockley, Assistant City Manager, stated that staff would be bringing back more
information to Council on the fees but had included the $300,000 in the budget for the study.
Arora stated that in summary, the combination of impact fees and the proportionality model used
in the DDC would allow for fair and predictable assessment of road impact exactions and
provide for growth paying for growth. It would allow for a revenue stream that could be pooled
and applied to road improvements within a service area and not be tied to a specific address
location. It would also allow for a more predictable and efficient use of the capacity related to
transportation dollars. Staff was recommending to proceed with the implementation of road
impact fees.
Mayor Burroughs felt that the developer committee would be good place to review these
suggestions regarding the impact fees.
5.Receive a report, hold a discussion, and give staff direction regarding LEED (Leadership
in Energy and Environmental Design) certification for the design and construction of
Fire Station 2.
Ross Chadwick, Fire Chief, stated that staff was needing direction from Council on whether or
not to proceed with LEED certification for the design and construction of Fire Station 2. A
presentation had been made to the Committee on the Environment regarding the certifications.
Mayor Pro Tem Kamp stated that the Committee had a good discussion regarding the
certification and agreed to a commitment for sustainability and green building. Many costs for
the certification were already included in the building project.
Chadwick continued that the design services contract was awarded to Kirkpatrick Architectural
Studio (KAS) for the design of Fire Station 2. KAS and the Fire Department’s design committee
were working on the design process for this reconstruction. However, before KAS and Fire
Department staff can complete final design, direction was needed from Council regarding
whether or not to pursue specialized certification from LEED. The cost of the certification was
$165,000 for design and certification. Questions to consider were whether Council wanted the
LEED certification at a cost of $165,000 and what would gained in terms of return on this
City of Denton City Council Minutes
September 10, 2013
Page 5
substantial investment. Staff was recommending that some of the LEED design costs be
considered even if the Council desired not to do a LEED certified station. This would include
energy modeling, commissioning and soil testing for geo-thermal.
David Robinson, KAS, stated that the firm was also recommending doing an energy model and
the commissioning. The commissioning involved a third party reviewing the design of the
systems, reviewing what was submitted and reviewing the work to make sure it was installed
correctly.
Mayor Burroughs stated that the real issue was not the substance to build it green but rather the
delta between doing everything required from LEED versus the actual certification which
required supervision and report submittal which were not indicative of an outcome. He
questioned what the money difference was between getting LEED certification as opposed to
non-LEED certification in terms of cost.
Robinson stated that the difference in commissioning for non-LEED and the energy model
would be about a $145,000-$165,000 difference.
Council Member Gregory asked about the Daylight and Energy modeling cost.
Robinson stated that those were two models involving a daylight and an energy model. With just
the energy model and commissioning the cost would be $145,000.
Council Member Engelbrecht stated that would be a $120,000 difference and questioned if that
would be the same for each station.
Jim Kirkpatrick, KAS, stated that an alternative would be to LEED certify the first station and
not do it for the duplicate stations after that. Then there would be at least one LEED certified
station.
Mayor Pro Tem Kamp was in favor of having LEED certification on this station and moving
forward perhaps considering a different certification for the other stations. Going forward look
at another process if desired but for this station keep it LEED certified.
Robinson stated that there was the International Green Code. He assumed there was some
testing required but was not certain about commissioning requirements. This program would be
administered by the Building Department.
Council Member Hawkins asked if there would be any difference in the facility if the LEED
certification was not pursued but a LEED quality building was constructed. Perhaps a Denton
Green Building Committee could be formed to watched over the construction and indicate that it
followed all of the LEED certification. The only difference would be that there was no national
marketing situation.
Robinson stated that LEED was a credit based system that allowed a design team to follow
common language and goals which produced qualified results that could be gauged. On the
design side it was possible that the difference might not be that great. It was more difficult on the
City of Denton City Council Minutes
September 10, 2013
Page 6
construction side. The outcome might be the same but having the LEED certification would be
paying for the comfort that it was certified.
Council Member Hawkins stated that it would provide leverage on the first station but not on the
others.
Mayor Pro Tem Kamp stated that other cities were going towards LEED certification and those
cities were nationally known. The controversy was the amount of money to get a project
certified. She was advocating to go forward with this station and then give direction for staff to
put something else together in the future.
Council Member Roden stated that the question for this issue came from the design committee.
The committee assumption was that if the $165,000 was not spent on LEED the money could be
used for other types of firefighter needs. However, that that would not be the case and the
committee needed education that the money would not be used other places.
Chief Chadwick stated that the committee had been educated on the issue but still did not
understand.
Council Member Roden asked what would be saved annually with the $165,000.
Chuck Springer, Director of Finance, stated that it was about 10% per year or about $16,000 per
year for 20 years for the debt service.
Council Member Roden stated that he agreed with LEED certification for this station. He did
not want to lose the national recognition for the LEED certification for only $16,000 per year.
Council Member Gregory asked if it was already known what kind of level the certification
would be and if there was a cost difference for the different kinds of levels.
Robinson stated that an initial analysis of the plan design should provide a silver certification
level.
Council Member King agreed with Mayor Pro Tem Kamp except he was under the impression
that there was a specific list right now that was developed to not put in the design of the new
station. If that was wrong, he would be in favor of doing a LEED certification and develop a list
for other stations.
Mayor Pro Tem Kamp stated that there were some things found from the design of Station 7 that
were recommended not to take to the next fire stations.
Chief Chadwick replied that was why there were firefighters on the design team so some of those
issues were not repeated in the future.
Council Member King felt that the LEED certification could be given up and still have a green
building. He questioned that the $165,000 would still be spent regardless of the level of
certification.
City of Denton City Council Minutes
September 10, 2013
Page 7
Robinson replied yes that the amount was the time based on certification.
Council Member Gregory stated that the building was going to be built according to LEED
certifications but when the actual certification was paid, the process was using a contractor and
subcontractors to levels of accountability. That provided knowledge that the systems were
LEED certified and procedures in construction lived up to those standards. He was in favor of
the LEED certification for this station and continue to look at other certification avenues for
future buildings where there would still have an accountability level for the construction process
to follow green standards.
Council Member Hawkins asked what the paying for the certification would provide.
Robinson stated that it would provide certification of the documentation submitted, revisions to
the documentation and that much of that money was the process of certification.
Mayor Burroughs stated that part of the payment was for time and graphic presentations but
mostly time and coordination. He asked Council for their thoughts on pursuing the LEED
certification.
Council Member Engelbrecht indicated that he was not in favor of LEED certification in this
case. The money for paper and a plaque was not worth it. A general contractor should be doing
this anyway. He felt this was too much money and by not using the certification should set a
standard to LEED that it was too much to pay for the certification.
Council Members Roden and Gregory along with Mayor Burroughs and Mayor Pro Tem Kamp
were in favor of the certification. Council Members King, Engelbrecht and Hawkins were not in
favor. Consensus of the Council was to proceed with the LEED certification.
6.Receive a report, hold a discussion, and give staff direction regarding the FY 2013-14
City Manager's Proposed Budget, Capital Improvement Program, and Five-Year
Financial Forecast.
Mayor Burroughs asked if there was any discussion needed on this item.
City Manager Campbell stated that staff had a presentation for Council to consider.
Mayor Burroughs stated that this item would be done after the completion of the regular meeting.
Following the completion of the Work Session, the Council went into Closed Session to consider
the following:
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Consult with City's attorneys regarding status and options for resolution
and disposition of litigation styled Jones v. City of Denton, Cause No.
City of Denton City Council Minutes
September 10, 2013
Page 8
2011-50255-367, currently pending in the 367th District Court, Denton
County, Texas.
B. Deliberations regarding Personnel Matters - Under Texas Government Code
Section 551.074.
1.Deliberate and discuss the appointment and duties of public officers to
boards or commissions exercising discretionary or rule making power as
opposed to purely advisory powers, which includes without limitation the
Health and Building Standards Commission, the Historic Landmark
Commission, the Planning and Zoning Commission, and the Zoning
Board of Adjustment.
C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
1. Receive competitive public power information from staff in the form of a
proposed operating budget for Denton Municipal Electric (DME) for the
upcoming fiscal year, including without limitation, revenues, expenses,
commodity volumes, and commitments, and the direction of DME; and
discuss, deliberate, consider adoption of the budget and other matters, and
provide staff with direction regarding such matters.
This item was not discussed in Closed Session.
D. Consultation with Attorney - Under Texas Government Code Section 551.071.
1.Consult with and provide direction to City's attorneys regarding legal
issues and strategies associated with:
(1) the Gas Well Ordinance regulation of gas well drilling and production
within the City Limits and extraterritorial jurisdiction;
(2) the setting of gas well inspection fees, road damage remediation fees,
and bond and insurance requirements;
(3) the implementation of a freshwater well sampling program and an air
quality monitoring program in connection with the Gas Well Ordinance
and Fee Ordinance; and
(4) the enforcement, including remedies available to the City, of violations
of the Gas Well Ordinance and Fee Ordinance;
E. Deliberations regarding Personnel Matters - Under Texas Government Code
Section 551.074.
1. Review and discuss the duties and goals for the City Manager, City
Attorney, and Municipal Judge.
City of Denton City Council Minutes
September 10, 2013
Page 9
This item was considered in a Closed Session following the completion of the regular meeting.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall. The start time of the meeting was 7:15 p.m. due to the length of the Closed Session.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Blood Cancer Awareness Month
The proclamation was not done at this meeting.
2. Mean Green Pride Fridays
Mayor Burroughs presented the proclamation for Mean Green Pride Fridays.
3. Government Finance Officers Association Distinguished Budget Award
Chuck Springer presented the award to the Council. He noted that this was the 27th straight year
the City received the award.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Receive an update from Amber Briggle regarding fundraising efforts for a
Denton Splash Park.
Ms. Briggle stated that there was a group of citizens who were trying to bring a splash park to
Denton. It was an area of water play that had no standing water. She detailed the benefits of a
splash park which included the fact that it was free and swimmers and non-swimmers could use
the park. She presented information on the project history and what they had accomplished so
far plus what was next for the group. She requested that Council add this item to the 2014 bond
package.
City of Denton City Council Minutes
September 10, 2013
Page 10
4. CONSENT AGENDA
Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the Consent
Agenda and the 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.
Ordinance No. 2013-217
A.Consider adoption of an ordinance of the City of Denton, Texas, amending the
Fiscal Year 2012-13 Budget and Annual Program of Services for the City of
Denton to allow for an adjustment to the Animal Control Donation Fund of Two
Hundred Twenty Thousand Dollars ($220,000) from the original budget amount
of Thirty Thousand Dollars ($30,000) to Two Hundred and Fifty Thousand
Dollars ($250,000) to provide additional expenditure authority related to
veterinary contract costs; declaring a municipal purpose; providing a severability
clause; providing an open meetings clause, and providing an effective date. The
Audit/Finance Committee recommends approval (3-0).
Ordinance No. 2013-218
B.Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, amending the City's Fund Balance Policy; and providing an effective date.
The Audit/Finance Committee recommends approval (3-0).
Ordinance No. 2013-219
C.Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, amending the Street Improvement Fund; defining and committing certain
fees and other revenues of the City to the Street Improvement Fund; providing a
severability clause; and providing an effective date. The Audit/Finance
Committee recommends approval (3-0).
Resolution No. R2013-027
D.Consider approval of a resolution adopting a revised City of Denton Handbook
for Boards, Commissions, and Council Committees; and declaring an effective
date.
Ordinance No. 2013-220
E.Consider adoption of an ordinance awarding a contract under the Texas Multiple
Award Schedule (TXMAS) program for the purchase of HON Brand Office
Furniture for various City of Denton departments as awarded by the State of Texas
Contract TXMAS-6-7-1111060; providing for the expenditure of funds therefor;
and providing an effective date (File 5268-HON Furniture for various City
Departments awarded to Multiple Approved Vendors as listed on Contract
TXMAS-6-7-1111060 in the three (3) year not-to-exceed amount of $500,000).
Ordinance No. 2013-221
F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for Electrical Energy
City of Denton City Council Minutes
September 10, 2013
Page 11
Transmission Fees to Electric Transmission Texas; and providing an effective date
(File 5083-Electrical Energy Transmission Fees for Fiscal Year 2012-2013 to
Electric Transmission of Texas in the additional amount of $56,911.72 for a total
award amount of $407,090.64). The Public Utilities Board recommends approval
(6-0).
Ordinance No. 2013-222
G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for Electrical Energy
Transmission Fees to Lone Star Transmission; and providing an effective date
(File 5260-Electrical Energy Transmission Fees for Fiscal Year 2012-2013 to
Lone Star Transmission in the additional amount of $16,514.92 for a total award
amount of $175,120.35). The Public Utilities Board recommends approval (6-0).
Approved the noise exception request listed below.
H. Consider a request for an exception to the Noise Ordinance for the purpose of
performing live music for the 2nd Annual Mexican Independence Day Fair at the
corner of McKinney Street and Railroad Avenue in the vicinity of La Estrella Mini
Market on Saturday, September 14, 2013, beginning at 4 p.m. and concluding at
midnight. This request is for an extension of hours from 10 p.m. to midnight. The
music will remain at the allowable 70 decibels. Staff recommends the exception
be granted until midnight.
Ordinance No. 2013-223
I. Consider adoption of an ordinance approving a city sponsorship in an amount not to
exceed $16,000 of in-kind services for the 15th Annual Blues Festival to be held in
Quakertown Park on September 21-22, 2013; and providing an effective date.
Approved the noise exception request listed below.
J. Consider a request for an exception to the Noise Ordinance for the purpose of having
music played during an engagement party at a residential home located at 1109
Indian Ridge Drive on Saturday, September 14, 2013, from 7 p.m. to 11:30 p.m.
This request is for an extension in hours for sound from 10 p.m. to 11:30 p.m. The
music will remain at the allowable 65 decibels. Staff recommends approving
request.
Approved the minutes listed below.
K. Consider approval of the minutes of:
August 1, 2013
August 5, 2013
August 6, 2013
Resolution No. R2013-028
L. Consider approval of a resolution by the City of Denton, Texas, authorizing the City
Manager to submit an application and all other necessary documents to obtain a
grant under the Texas Department of Housing and Community Affairs, Amy Young
Barrier Removal Program and take all other actions necessary to implement the
program; and providing for an effective date.
City of Denton City Council Minutes
September 10, 2013
Page 12
Ordinance No. 2013-224
M. Consider adoption of an ordinance awarding a contract for the capital lease purchase
of desktop Personal Computers (PCs), notebook PCs, peripherals, and services as
awarded by the State of Texas Department of Information Resources (DIR) Contract
Number DIR-SDD-1951; providing for the expenditure of funds therefor and
providing an effective date. (File 5337 awarded to Dell Financial Services LP for a
total lease amount of $1,343,277.36 and additional products in the amount of
$423,900 for a not-to-exceed amount of $1,767,177.36).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider nominations/appointments to the City's Boards & Commissions.
1. Airport Advisory Board
2. Community Development Advisory Committee
3. Historic Landmark Commission
4. Human Services Advisory Committee
5. Public Art Committee
6. Traffic Safety Commission
7. Zoning Board of Adjustment
The following individuals were nominated:
Airport Advisory Board – Pete Lane
Traffic Safety Commission – Adam Reese
Zoning Board of Adjustment – Reggie Hill; all three of the current alternates
Council Member Roden motioned, Council Member King seconded to approve the nominations.
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.PUBLIC HEARINGS
A. Hold a second public hearing on a proposal to adopt a tax rate of $0.68975 per
$100 valuation, which will exceed the lower of the rollback rate or the effective
rate.
Chuck Springer, Director of Finance, stated that this second public hearing was required by state
law. He detailed the tax rate, effective tax rate and rollback rate.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
City of Denton City Council Minutes
September 10, 2013
Page 13
No action was required on this item at this time.
7.CITIZEN REPORTS
There were no citizen reports at 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.
Council Member Roden mentioned the Mentor Denton Program with the DISD and encouraged
everyone to sign up for it.
Council Member Engelbrecht felt that the beautification project of Fry Street and Hickory was
well done.
Mayor Burroughs noted that DCTA had been installing benches at the bus stops and providing
places for citizens to sit at the stops.
Mayor Burroughs stated that he had read a report from the EPA and TCEQ regarding air quality
in north Texas. He requested to look at the possibility for provisions for anti-idling over 5
minutes for big trucks.
Mayor Burroughs requested a memo where LED street lights were being installed in the city and
the future of installing more of these types of lights.
Mayor noted that Council would be going back into the Work Session to complete the item not
considered earlier.
B.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
Mayor Burroughs noted that Council would be going into Closed Session following the
completion of the Work Session item but no action would be taken on that item.
City of Denton City Council Minutes
September 10, 2013
Page 14
Council went to the Work Session to consider Item 6 listed on the agenda.
6.Receive a report, hold a discussion, and give staff direction regarding the FY 2013-14
City Manager's Proposed Budget, Capital Improvement Program, and Five-Year
Financial Forecast.
Chuck Springer, Director of Finance, stated that there were proposed additions to the budget. He
detailed those additional items and the associated budget implications.
Park Foundation Executive Director – the position would provide $35,000 in contractual services
in the General Fund. The purpose was to increase funding for Park CIP projects and funding
would be for a maximum of three years subject to a letter of agreement.
Downtown Public Wi-Fi - $72,574 was needed for the first year with $11,723 in recurring costs
coming from the Technology Fund. Grant funding was no longer available so the security
cameras were excluded. The costs would be allocated in 2014-15 to the General Fund. The
project would provide free outdoor Wi-Fi in the Downtown Square, along East Hickory Street
and at the DCTA passenger platform. The system would support up to 300 simultaneous users
distributed across the area.
Mayor Burroughs suggested waiting to implement anything until a new COG grant came out to
help with the financing.
City Manager Campbell stated that implementation of the project would be delayed until staff
could check on future funding.
Springer stated that staff would include this project in the budget for next year.
Creation of a Downtown Reinvestment Fund – Appropriate changes would be made to the
General Fund for this fund.
Council Member Roden asked why the need was identified now for an Executive Director for the
Park Foundation. He questioned if this funding would set a precedence for public funding for a
private foundation.
City Manager Campbell felt that it would provide an opportunity to help with fundraising.
Council Member King stated that the DISD had a similar arrangement for the School
Foundation. This would help with grant funding, etc.
Council Member Gregory stated that with the Public School Foundation, the vendors with the
DISD made contributions to help underwrite the Director. He felt that within several years the
Park Foundation would generate enough donations to make it unnecessary for the City to
continue funding.
John Cabrales, Assistant City Manager, stated that in conversations with the Foundation there
would be a guarantee funding campaign for Eureka Park. If there was a community park type
project the Foundation would help raise funds for the new park.
City of Denton City Council Minutes
September 10, 2013
Page 15
Council Member Roden asked about a contract potential triggered by year. If there was no
activity the City could pull out of the agreement or commitment for 3 years.
Cabrales stated that there were benchmarks in the agreement that would be assessed each year.
This would be a contract individual and not a city position.
Springer reviewed the General Fund revised projections. He presented information on proposed
increased street maintenance funding. An increased level of funding was required to get back to
the 2009 OCI rating and maintain it going forward. Funding options included (1) additional
funding transferred from the General Fund, (2) reduce current programs and shift resources, (3)
dedicate property tax rate increase, (4) defer non-street maintenance capital program and use
debt service savings, (5) additional bond election with sales beginning in 2014-15, (6) dedicated
street maintenance fee, (7) adoption of street impact fees to reduce debt service tax rate and shift
rate for street maintenance purposes, and (8) a combination of two or more of the above options.
Funding recommendations included (1) continue budgeting all growth in franchise fees to the
Street Improvement Fund, (2) move forward with street impact fee study for consideration of fee
adoption effective 2014-15, (3) schedule additional work sessions to consider specific
proposals/options for a street maintenance fee, and (4) include an additional $20 million in bond
funding (another five year program) in November 2014 bond program. Options for additional
street maintenance funding could include the redirecting of funds by reducing or eliminating
supplemental packages for 2013-14 to street maintenance.
Mayor Burroughs stated that he had no interest in doing that. He was not interested in cutting
services as momentum was building up the fund. Staff needed confirmation from Council that
they were in agreement with the direction presented.
Consensus of the Council was that there were in agreement with the direction.
Strategic planning to engage stakeholders – the direction was to fund the planning effort through
partnership or facilitate the process internally. Staff recommended the redirection $20,000 from
the supplemental package for Economic Development to initiate this planning effort.
Consensus of the Council was to continue with the plan.
Additional discussion was held regarding the Better Block program and other issues/programs.
Council Member Roden stated that given the timing, he would ask staff to identify the funding if
Council wanted to move forward.
Council Member Gregory stated that the last time he mentioned on-street bike facilities he had
presented incorrect math. The funding was about 65% which was much better than he thought.
He was not asking for additional money for this year for the bike program.
Following the completion of the Work Session, the Council returned to the Closed Meeting at
8:25 p.m. to consider the following item:
City of Denton City Council Minutes
September 10, 2013
Page 16
1. Closed Meeting:
E. Deliberations regarding Personnel Matters - Under Texas Government Code
Section 551.074.
1. Review and discuss the duties and goals for the City Manager, City
Attorney, and Municipal Judge.
Following the completion of the Closed Meeting, the Council returned to open session and
adjourned the meeting.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS