December 02, 2014 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
December 2, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 2, 2014 at 01:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Pro Tem Engelbrecht, Council Member Gregory, Council Member Hawkins,
Council Member Johnson, Council Member Roden, Council Member Ryan, and
Mayor Watts.
ABSENT: None.
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 December 2, 2014.
Council Member Gregory requested more information on consent agenda item G related to body
cameras for the Police Department.
Police Chief Lee Howell stated that they had explored body cameras for the officers. He stated
that they had looked at a number of different products and recommended the one that they felt
best served their needs. This contract would provide 80 cameras and be primarily worn by patrol
officers, but might also be available to other units in the department and possibly Animal
Services or Community Improvement Services officers. A review of a number of agencies that
had this program in place had shown some good positive aspects of the camera program. The
body camera did not capture everything that happened at a scene but it was one perspective that
they did not have right now. He stated they had audio capabilities in some cases. They had in-
car dash cams in most traffic stop cases.
Gregory asked how they worked and how long the information was stored.
Howell stated that the proposal was for a cloud-based storage capability on Evidence.com. They
could set the parameters for how long everything was stored.
Gregory asked what the reaction of the officers was.
Howell stated that it had been well received by officers.
Council Member Roden asked that Item N be pulled from the Consent Agenda and considered
under Individual Items for Consideration.
Mayor Watts questioned on Item B if there was only one bid received and was there any
negotiation on the price finally settled on.
Chuck Springer stated that they do negotiate a best and final offer.
City of Denton City Council Minutes
December 2, 2014
Page 2
3. Work Session Reports
A. CA11-0004c Receive a report, hold a discussion, and give staff direction regarding the
update to the City of Denton’s Comprehensive Plan.
Ron Menguita, Development Review Committee Administrator, stated that this was the third
work session regarding the Comprehensive Plan and he would present Elements 8, 9, and 10.
Element 8 in the Community Vision Statement was Community Health, Safety, and Services.
The character of Denton was safe and livable, a hospitable community of friends and neighbors.
Denton’s people, institutions, and government were both natives and newcomers and were
deeply rooted in the community and actively engaged in its betterment through volunteer
participation with faith-based, civic, and/or neighborhood organizations and service on local
government and boards and commissions. Throughout Denton were parks, greenways, stream
corridors, tree canopy and other natural resources integrating into the fabric of the community
and contributing to healthy lifestyles. In the rural fringe areas of the City and the ETJ there were
potential safety and compatibility impacts presented by hazardous activities, such as gas well
drilling and production, mitigated to protect neighboring persons and property.
Goal CHS-1 integrated planning for healthy communities and individuals into a comprehensive
framework for Denton’s future development which could be accomplished by establishing a
comprehensive framework to promote healthy communities; enhancing public awareness for
community health goals, and linking healthy community goals and policies throughout the
Comprehensive Plan and to Denton’s Sustainability Plan. Goal CHS-2 ensured that Denton’s
communities were protected from hazards and equipped for disaster preparedness which was
achieved by ensuring effective disaster preparedness for natural and manmade disasters. Goal
CHS-3 provided emergency services to keep the community safe and healthy and was achieved
by ensuring adequate police services to protect the health and safety. Goal CHS-4 provided a
variety of community programs that met the needs of key groups of need in Denton including
youth, seniors, and the homeless which could be achieved by establishing a framework for the
formation of programs to serve Denton’s communities of need and proactively identifying and
organizing volunteer opportunities within the city that would link Denton residents with
opportunities to serve their fellow citizens.
This Element included goals and policies for maintaining a safe and secure environment for
Denton residents as well as an overall healthy population. Goals and policies focused on
environmental justice, social services programming, community health, resiliency, and hazard
mitigation, as well as emergency services.
The Council discussed adding an action to assess services provided to community members most
in need. The assessment would help determine a baseline account of what we had and what was
needed.
Element 9 in the Community Vision Statement was Infrastructure and Utilities. Denton was
consciously green. Denton was a leader in commitment to sustainability and we had a significant
tree canopy, a network of parks and greenways, stream corridors, and urban forests. In rural
fringe areas of the city and the ETJ there was contiguous, staged growth which was fiscally and
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December 2, 2014
Page 3
environmentally sound, reduced fragmentation and sprawl, discouraged premature development,
and conserved the city’s future growing room. Throughout Denton there were infrastructure
systems which had undergone well-planned, staged expansion to serve and guide the city’s
growth and environmental stewardship through water conservation, positive contributions to
regional air quality, sustainable development practices, green infrastructure and renewable
energy.
Council discussed adding an action to aid in the development of green parking areas.
Goal IU-1 provided safe, reliable, and cost-effective electric and communications utilities that
applied environmental stewardship to operations and met future demands. Goal IU-2 secured
and conserved raw water supplies to meet future needs with sustainable potable water
infrastructure. Goal IU-3 protected surface water and groundwater from contamination from
inadequately treated wastewater and expand wastewater system resource recovery. Goal IU-4
protected water quality and maintained underground aquifers by managing stormwater at the
watershed level. Goal IU-5 protected public and environmental health and conserved natural
resources through waste minimization, materials reuse, and maximum material recovery;
enhanced community appearance and control costs with efficient collection of solid waste and
recycling.
Element 10 in the Community Vision Statement was Implementation and Monitoring. This
element directed how staff would implement the actions which achieved the policies which
supported the goals of the plan. Implementation of the policies and actions consisting of four
key components included: Principles to guide future development and decision making;
procedures for amending, monitoring and updating progress; guidelines for small area planning
and mixed use development; and an action plan – short-term, mid-term, long-term and ongoing
actions.
Following were the principles: Principle 1 – Plan Hierarchy – Consistency of all city plans with
Denton Plan 2030. Policy reference for all subsequent plans – Mobility Plan, Capital
Improvement Plan and Small Area Plans. Principle 2 – consistency of zoning and related
development regulations and ordinances with Denton Plan 2030. Principle 3 – consistency of re-
zonings and development approvals with Denton Plan 2030. The goals and policies in the
Denton Plan 2030 should be used to evaluate all requests for rezoning and development
proposals. Principle 4 – the City Council shall consider consistency with the Denton Plan 2030
as a factor in making decisions on proposed programs, projects and initiatives.
Council Member Gregory asked about including metrics to measure the progress of
implementing the goals of the Plan. Metrics should be reviewed by the department to make sure
the goals of the Plan were being met.
Menguita stated that the recommended actions to implement the Plan included the following.
Planning – actions that involved additional planning or study to address specific issues.
Regulation – actions that involved development of new regulations and revisions to the
Development Code to include tools such as overlay districts, new zoning districts, etc. Program
– actions that involved a series of steps to be carried out to accomplish an objective. Capital –
actions that involved investments through the city’s Capital Improvement Program, as well as
potential funding mechanisms. Outreach – actions that involved outreach to the public and
residents. Partnerships – actions that involved coordination or collaboration with one or more
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December 2, 2014
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entities to implement the action. The actions were assigned to one of four timeframes. The
timeframes were: Short-term – these actions should be addressed within three years of Plan
adoption. Mid-term – these actions should be addressed within a range of 3-5 years from Plan
adoption. Long-term – this included actions designated to be carried out beyond five or more
years from adoption. Ongoing – these actions were currently being addressed or should be
addressed on a continuing basis.
Council Member Roden asked if something could be added to the Plan to explain and illustrate
how the Strategic Plan would relate to the Denton Plan.
Menguita stated that the Strategic Plan was developed in accordance with the City’s vision,
mission, and values statements and was consistent with the Denton Plan. The goals and
objectives outlined in the Strategic Plan were intended to help achieve the community vision that
was in the Community Vision Statement.
Council Member Roden asked if it was possible for the action plan to have the Council
Committees and Boards and Commissions listed as partners in coordinating or collaborating to
implement actions that they have direct involvement with. The action plan would be used when
making decisions so that everyone was aligned with the same goals.
Menguita stated that the next steps would be for Council to hold a public hearing and an action
item for approval of the Plan.
Menguita stated that once the update of the Plan was approved, the final document would be
prepared incorporating all the changes listed in the conditions.
General consensus of the Council was to move forward with the plan.
B. 14-0770 Receive a report, hold a discussion, and give staff direction regarding the status of
the ’Kings Row’ electric substation expansion being part of the City of Denton’s Capital
Improvement Plan for its electric infrastructure. [ID S14-0007]
Brian Daskam, DME Manager of External Affairs, updated the Council on the Kings Row
substation project. He stated that this was a project to reconstruct the Kings Row Substation and
was part of DME’s capital improvement plan. The substation was being upgraded from 69kV to
138 kV. The size of the existing Kings Row substation property was too small for the equipment
needed for the upgrade and expansion of the substation would result in an unacceptable
disruption to service. Multiple homes had also been built around the existing site.
Daskam stated that the applicant was proposing to construct a 10-foot decorative precast
concrete security wall around the entire site as a mitigation measure to screen the proposed
substation. Staff sent notices to property owners within 200 feet and 500 feet. He reviewed the
public involvement process that began in 2011.
Mayor Pro Tem Engelbrecht asked about the Planning and Zoning Commission
recommendation.
Daskam stated that the Planning and Zoning Commission recommended approval subject to the
following condition: a perimeter masonry screening wall should be constructed with a minimum
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December 2, 2014
Page 5
height of ten feet. The Development Review Committee also recommended approval of the
request subject to the condition recommended by P&Z. He stated that it was the intent to
decommission the existing equipment after completing construction of the proposed new
substation.
C. ID 14-0813 Receive a report, hold a discussion, and give staff direction concerning
proposed amendments to Ordinance 2014-240 regarding a Specific Use Permit (SUP)
granting a Wrecker Services and Impound Lots use on approximately 1.3 acres property
zoned Employment Center Industrial (EC-I) to consider Akers Towing’s request to modify
the SUP conditions pertaining to fencing and the landscape buffer requirements. The
discussion will include a report on the results of soil testing conducted by staff, to determine
if contaminants are leaving the subject site. The subject property is generally located south
of Smith Street, east of Dallas Drive, and north of Teasley Lane.
Brian Lockley, Director of Planning and Development, stated that this request was to reconsider
some conditions of approval granted for Akers Towing and their Specific Use Permit granting a
Wrecker Services and Impound Lots use on approximately 1.3 acres. Lockley reviewed some of
the background of the SUP. Back in August, the Council approved a Specific Use Permit to
authorize operation of a wrecker services and impounds lots on the property with conditions. In
September, the Council was contacted by the property owner to re-consider review of the SUP
conditions specifically to amend condition #3 of the SUP pertaining to fence height and
perimeter buffer. In September, staff met with the property owners on-site to discuss their
concerns regarding construction of the fence. In October, the Council received an Informal Staff
Report regarding an update of the status of the SUP. On October 31, the property owner
officially emailed Planning staff to request a Council re-consideration of the SUP and associated
conditions. On November 14, the Council received an Informal Staff Report on results of the
testing conducted by staff.
In approving the SUP, the Council imposed five conditions to guide operations of the SUP. 1.
The site plan as submitted should guide the operation of the use of the property for wrecker
services and impound lots. 2. Best management practices addressing storm water quality should
not be required unless there was documented contamination. City Staff was directed to
implement a monitoring program to determine whether any contamination was exiting the
property and into the watershed. If City Staff documented such contamination, the Applicant
should either: (1) install BMPs designed to treat hydrocarbons and attain the pollutant removal
capabilities recommended for parking areas in the Integrated Storm Water Management Manual,
as published by the North Central Texas Council of Governments, or similar practices consistent
with low impact development approaches, so that the Applicant could be in compliance with the
Denton Development Code’s L(29) requirement; (2) or lose the SUP and cease doing business at
the property. 3. The applicant should install an eight-foot high screening fence and a type B
buffer along the perimeter of the site. The landscaping should be planted along the outside of the
fence and should be irrigated and kept alive at all times. Material for the construction of the
screening fence should be made of wood or other opaque materials. The applicant should
construct the screening fence and type B buffer within 60 days after approval of the SUP. The
screening and type B buffer should be maintained at all times for continual use of the property
for wrecker services and impound lots. 5. The SUP should expire when the Applicant, Akers
Towing Company, under ownership of the Akers family, ceases its business covered by this
SUP.
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December 2, 2014
Page 6
Lockley showed Council photos of neighboring properties and some site photos. Lockley stated
that what the applicant was requesting was re-consideration of condition #3 of the SUP - the
perimeter fence. The height of the fence that was required was 8’ tall. They were requesting that
be reduced to six foot. A Type “B” buffer along the perimeter of the site was required. The
applicant believed that the existing vegetation was adequate and sufficient to address the
screening requirements that the Council wanted in the initial approval.
Council Member Roden asked what the process was for Council to reconsider a decision it had
made. Was there certain criteria that we had to have to justify that or could it be for any reason?
Lockley stated that condition #2 of the SUP required city staff to implement a monitoring
program to determine whether any contamination was exiting the site to nearby watershed. The
results of the soil testing indicated contaminants were exiting the site. Staff was recommending
that option #1 of the condition be exercised as adopted.
General consensus of Council was that for staff to move forward as the ordinance was written
and all the enforcement parameters that were in the ordinance.
Lockley stated that staff would work with the applicant and give them a timeframe to install the
BMPs.
Burgess stated that the SUP could be revoked or modified after notice to the property owner and
a hearing before the City Council for a reason that one or more of the conditions imposed by the
permit had not been met or had been violated.
D. ID 14-0802 Receive a report, hold a discussion and give staff direction regarding the 2015
State Legislative Program of the City of Denton for the 84th Texas Legislature.
Lindsey Baker, Intergovernmental Relations and Public Information Officer, stated that Council
had asked for additional data regarding revenue sales tax issues at the November 18 Council
meeting. The sales tax holiday represented three days in August. The State loses approximately
$58 million during that 3-day period every year. Cities across the board lose approximately $10-
11 million during that time every year. However, Denton loses about $58,000 each year during
that 3-day period. She stated that the other item related to a textbook sales tax holiday that the
City would traditionally oppose. This would significantly impact the City’s revenue stream
based on the analysis that we used. The State would be looking at a loss of about $5 million.
Denton would lose approximately $1.2 million in annual sales tax revenue. DCTA would lose
approximately $400,000 in annual sales tax revenue.
Council Member Roden stated that he had reservations about saying to his constituents that as a
Council Member he was against tax relief for them - referring to the sales tax exemption on
textbooks.
Mayor Pro Tem Engelbrecht commented that basically the state was trying to do something for
the students to the detriment of the community, which ultimately could affect the services that
we as a city provided the students.
Assistant City Manager John Cabrales stated that historically the bills that had been filed in the
past addressed both state and local sales taxes.
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December 2, 2014
Page 7
Baker asked if Council wanted to keep the language in the program related to the sales tax items
or remove them or amend them.
Some council members felt that the local economy benefitted from the sales tax holiday.
General consensus of Council was to remove the sales tax items out of the program.
Council Member Gregory asked that legislation be drafted for vested rights as it related to the oil
and gas industry to be included in the program.
Council Member Roden asked if there was a way to put some space on the website relevant to
gas well topics to put updates as legislation was proposed.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 4:30 p.m.
1. Closed Meeting:
A. ID 14-0774 Deliberations regarding Real Property - Under Texas Government Code
Section 551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071. Receive information from staff, discuss, deliberate, and provide staff with
direction regarding real estate matters related to the site selection for the DME Hickory
substation, presently located at the intersection of West Hickory and South Bonnie Brae in
the City of Denton, Texas, and concerning certain real property within the immediate
vicinity, and the potential acquisition of real property interests. Consultation with the
City’s attorneys regarding legal issues associated with the condemnation or acquisition of
the real property interests where a public discussion of these legal matters would conflict
with the duty of the City’s attorneys to the City of Denton and the Denton City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or
would jeopardize the City’s legal position in any administrative proceeding or potential
litigation. [ID 14-0764]
B. ID 14-0569 Consultation with Attorneys - Under Texas Government Code, Section
551.071. Consult with and provide direction to City’s attorneys regarding legal issues and
strategies associated with 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;
statutory preemption and vested rights; impacts of federal and state law and regulations;
impacts of gas well drilling upon protected uses and vice-versa; moratorium on drilling
and production; other concerns about municipal regulatory authority or matters relating to
enforcement of the Gas Well Ordinance; settlement matters concerning gas well drilling in
the City; surface development issues involving surface and mineral estates; and legal
matters associated with a citizen’s initiative and pending litigation styled Jerry Patterson,
Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D-1-GN-
14-004628 currently pending in the 53rd District Court of Travis County and Texas Oil
and Gas Association v. City of Denton, Cause No. 14-09833-431 currently pending in the
431st District Court of Denton County regarding hydraulic fracturing where a public
discussion of these legal matters would conflict with the duty of the City’s attorneys under
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December 2, 2014
Page 8
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
C. ID 14-0799 Deliberations regarding Real Property - Under Texas Government Code,
Section 551.072; 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. Receive a
report and hold a discussion regarding legal and economic development issues regarding
economic development incentives for a business prospective in the Cole Ranch
Development. This discussion shall include commercial and financial information the City
Council may receive from the business owners which the City 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. Also hold a discussion with the City’s attorneys on the referenced topic where
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.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas.
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.ID 14-0700 Police Appreciation Day
Mayor Watts presented the proclamation for Police Appreciation Day.
B. ID 14-0800 Family & Consumer Sciences Day Proclamation
Mayor Watts presented the proclamation for Family & Consumer Sciences Day.
3. CITIZEN REPORTS
A.ID 14-0780 Brooke Moore regarding Denton humanity restored and the Actively Caring
for People movement.
Ms. Moore stated that she was a representative of Denton Humanity Restored, a community
group of UNT, TWU, NCTC, and DISD students as well as community members. The Actively
Caring for People Movement was committed to promoting small acts of kindness that led to
large scale impacts in the city of Denton. This was being done by distributing green actively-
caring wristbands to individuals performing acts of kindness with the instructions to pay it
forward, by passing on the wristband, when (s)he observed someone else performing an act of
kindness, cultivating a community of caring.
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December 2, 2014
Page 9
4.CONSENT AGENDA
Council Member Hawkins motioned, Council Member Gregory seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item N. On roll call
vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member
Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council
Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2014-407
A. ID 14-0665 Consider adoption of an ordinance recommending approval of an
interdepartmental transfer and conveyance wherein the City of Denton Solid Waste
Department is purchasing and acquiring approximately 91.4 acres of land from the City of
Denton Wastewater Department, the present record owner thereof, situated in the G.
Walker survey, abstract No. 1330, being a part of such survey, and being described in
three tracts, being a 37.196 acre tract; a 22.399 acre tract; and a 30.886 acre tract of land,
situated in the City of Denton, Denton County, Texas; to be utilized for a public purpose,
the expansion of the Municipal Solid Waste (MSW) Landfill Facility, Texas Commission
on Environmental Quality (TCEQ) MSW facility permit No. 1590A; finding that the
expansion of the City’s landfill facility is a public use; said purchase price being in the
amount of $2,350,000, to be paid to the City of Denton Wastewater Department in annual
cash payments, for a period of time not-to-exceed ten years; providing for the expenditure
of funds therefor; providing an effective date.
Ordinance No. 2014-408
B. ID 14-0727 Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the annual supply of light duty vehicles for various City of Denton
departments; providing for the expenditure of funds therefore; and providing an effective
date (Bid 5647-awarded to the lowest responsible bidder meeting specifications, James
Wood Autopark in the three (3) year not-to-exceed amount of $3,079,769).
Ordinance No. 2014-409
C. ID 14-0762 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Children’s Advocacy Center for
Denton County, Incorporated in the amount of $94,365; providing aid to the City of
Denton Police Department in the investigation of child abuse cases; providing client and
clinical services to victims of child abuse and non-offending family members; providing
for the expenditure of funds therefor; and providing for an effective date.
Ordinance No. 2014-410
D. ID 14-0765 Consider adoption of an ordinance approving a City sponsorship in an amount
not to exceed $4,700 of in-kind services and supplies for the 25th Annual Denton Holiday
Lighting Festival to be held on the Downtown Square on December 5, 2014; and
providing an effective date.
Ordinance No. 2014-411
E. ID 14-0767 Consider adoption of an ordinance approving a City sponsorship in an amount
not to exceed $3,700 of in-kind services and resources for the 30th Annual Texas
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December 2, 2014
Page 10
Storytelling Festival to be held in the Civic Center located at 321 E. McKinney Street
March 12 -15, 2015; and providing an effective date.
Ordinance No. 2014-412
F. ID 14-0769 Consider adoption of an ordinance of the City of Denton, Texas authorizing
the City Manager to execute a Professional Services Agreement for engineering services
for the City of Denton Enterprise Airport with KSA Engineers.; providing for the
expenditure of funds therefor; and providing an effective date (File 5688-awarded to KSA
Engineers in the not-to-exceed amount of $150,000).
Ordinance No. 2014-413
G. ID 14-0771 Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the purchase of a TASER body-worn camera system and
associated modules for the City of Denton Police Department which is 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 5696- awarded to TASER International, Inc. in the five
(5) year not-to-exceed amount of $448,873).
Ordinance No. 2014-414
H. ID 14-0772 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for tire repair services for the City of Denton Fleet Services
department and other City departments as needed; and providing an effective date (RFP
5612-awarded to Briscoe Alignment and Tire, in the three (3) year not-to-exceed amount
of $180,000).
Approved the minutes listed below.
I.ID 14-0775 Consider approval of the minutes of October 6, October 7, and October 14,
2014.
Ordinance No. 2014-415
J.ID 14-0776 Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing and approving the purchase of a VCE Vblock System 340 and VCE
maintenance for the City of Denton to replace datacenter equipment that has reached full
capacity, as approved by the State of Texas Department of Information Resources
(Contract#s DIR-TSO-2634/DIR-TSO-2544/DIR-SDD-1915); providing for the
expenditure of funds therefor; and providing an effective date (File 5697- awarded to
Presidio Networked Solutions Group, LLC in the four (4) year, 0% effective rate, lease
agreement amount not-to-exceed $1,073,598).
Ordinance No. 2014-416
K. ID 14-0777 Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing and approving the purchase of a VCE Vblock System 340 and VCE
maintenance for a new datacenter for Denton Municipal Electric as approved by the State
of Texas Department of Information Resources (Contract#s DIR-TSO-2634/DIR-TSO-
2544/DIR-SDD-1915); providing for the expenditure of funds therefor; and providing an
effective date (File 5698- awarded to Presidio Networked Solutions Group, LLC in the
City of Denton City Council Minutes
December 2, 2014
Page 11
four (4) year, 0% effective rate, lease agreement amount not-to-exceed $573,505.95).
Ordinance No. 2014-417
L. ID 14-0781 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for workers’ compensation claims third party administration for the
City of Denton; providing for the expenditure of funds therefore; and providing an
effective date (RFP 5642-awarded to Texas Political Subdivisions Joint Self-Insurance
Fund in the three (3) year amount not-to-exceed $150,000).
Ordinance No. 2014-418
M.ID 14-0782 Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving a grant application from Matthew Fisher, representing West Oak Coffee
Bar GP, LLC, from the Downtown Reinvestment Grant Program not to exceed $25,000;
and providing for an effective date. The Economic Development Partnership Board
recommends approval 8-0.
Ordinance No. 2014-419
O. ID 14-0797 Consider adoption of an ordinance of the City of Denton, Texas consenting to
the inclusion of 2.927 acres of land located within the City’s extraterritorial jurisdiction
into Denton County Fresh Water Supply District No. 7; containing a savings clause;
repealing all ordinances in conflict therewith; providing an effective date.
Ordinance No. 2014-420
P. ID 14-0798 Consider adoption of an ordinance authorizing the City Manager to execute an
Interlocal Cooperative Purchasing Program Agreement with the Texas Political
Subdivisions Joint Self-Insurance Fund under Section 271.102 of the Local Government
Code, to authorize mutual participation in various Texas Political Subdivisions Joint Self-
Insurance Fund and City of Denton contracts for the purchase of various goods and
services; authorizing the expenditure of funds therefor; and declaring an effective date
(File 5703-Cooperative Purchasing Agreement with Texas Political Subdivisions Joint
Self-Insurance Fund).
Item N was considered.
N. ID 14-0793 Consider approval of a resolution of the City of Denton, Texas, adopting the
City of Denton’s 2015 State Legislative Program for the 84th Texas legislature; and
providing an effective date.
The Mayor stated that if anyone in the audience wished to speak on the item, they needed to
complete a blue card.
The following individuals spoke regarding this item.
Tara Linn Hunter, 118 Bernard, asked that the City lobby to maintain the City’s rights to regulate
oil and gas well production.
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December 2, 2014
Page 12
Jorge Landivar, 165 N. Old Orchard Lane, Lewisville, stated that there was a mistake in the
municipal code and that the City had banned something that the State prohibits the City from
banning. He stated that the City could ban people from carrying certain weapons but that the City
could not ban someone with a concealed handgun license.
Michael Briggs, 2311 Houston Place, spoke in support of lobbying to increase home rule
authority and to expand it to all cities and towns in Texas.
Jeff McClung, 2018 Longmeadow Court, spoke in support of vested interests being added to the
legislative agenda.
Read King, 8901 Harvest Moon Trail, spoke regarding the section addressing legislation that
restricted a City’s ability to implement a photographic red light enforcement system. He stated
that to make a safer community increase duration of yellow light interval. He requested that this
item be removed from the legislative agenda.
Todd Ellis, 3437 Crisoforo Drive, spoke in support of a municipality’s rights to regulate oil and
gas well production.
Cindy Spoon, 2210 Westwood, asked that citizen input be part of the process for developing the
legislative program in the future. She stated that she would like to see Denton lobby to decrease
state subsidies for oil and gas and also for marijuana decriminalization. She stated that she
would like to see lobbying to abolish the railroad commission and advocate for local control.
Candice Bernd, 1018 Denton Street, spoke in support of renewable energy and clean energy jobs,
felt attacks on collective bargaining seemed unnecessary, and lobby for a municipality’s rights to
regulate oil and gas well production.
Cathy McMullen, 805 Ector, did not speak but wanted her comments read – Denton needed to
lobby to maintain home rule municipality’s rights to regulate oil and gas well production.
Lindsey Baker, Intergovernmental Relations & Public Information Officer, stated that some
changes had been made based on direction from Council during the Work Session. The Council
had directed staff to remove two statements on page 15 that fell under Revenue and Taxation.
Those were related to the sales tax holiday and also the potential for a textbook sales tax holiday.
She also stated that Council Member Roden had asked about the success of previous bills that
had been filed that were related to the textbook bills. Over the last three sessions, one bill was
filed in each session and none of those times did the bill actually get out of committee. Baker
stated that direction from Council related to drafting and introducing legislation related to vested
rights and including it in the program.
Baker stated that this program was developed by working in conjunction with the Council, other
cities, Texas Municipal League, Denton Chamber of Commerce, UNT, TWU, DISD, United
Way and other non-profits in the community to develop statements that were consistent with
what our policies had been in the past and what we perceived might be taking place in the next
legislative session that could negatively impact us.
City of Denton City Council Minutes
December 2, 2014
Page 13
Council Member Roden stated that this was discussed in work session but because of the
comments tonight that revolved around the oil and gas provisions of this document and how we
would lobby the legislature for certain home rule authority and the ability to regulate the oil and
gas industry in our city, he wanted to clarify. We had mentioned it because some citizens had
asked if it was possible to create a website where we could track specific types of legislation that
had been introduced during the process and staff had indicated that they could do that.
Baker confirmed that she would work with staff to make sure that information was available on
the website.
Roden asked for clarification regarding the statement about supporting legislation that protected
the ability of governmental entities to maintain confidentiality of certain critical documents and
activities and noted that was under the utilities section. He asked if that was because of
competitive matters that dealt with business practices because we owned our own electric utility,
that we have an interest in maintaining confidentiality on certain things.
Baker confirmed that it was.
Council Member Gregory asked if there was time sensitivity to this being approved today, would
it interfere with our efforts in Austin if it was delayed a week or two.
Baker stated the sooner it was approved, the better. Bills were being pre-filed right now; that
started in November. She stated that we were already in a situation where they were seeing bills
being filed that could be detrimental to the City. Although, we could make our position known
based on what it had been in the past, we wouldn’t have this policy document in place and
approved.
Gregory stated that we had more citizen concerns than we had seen before and he was looking at
postponing approval until December 16.
Council Member Johnson asked if delaying it two weeks would set us back in our work in
Austin.
Baker stated that it would not. The legislative session would begin January 13 and this
document should be ready before then. Staff would also need to have adequate time to meet with
the City’s local delegation to discuss the agenda before the session began.
Mayor Pro Tem Engelbrecht asked that this process be started sooner next time so there was
additional time for public comment.
Council Member Roden motioned, Council Member Hawkins seconded to postpone approval of
this item until December 16, 2014. On roll call vote, Mayor Pro Tem Engelbrecht "aye",
Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson
"aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye".
Motion carried unanimously.
City of Denton City Council Minutes
December 2, 2014
Page 14
5.ITEMS FOR INDIVIDUAL CONSIDERATION
A.ID 14-0801 Consider nominations/appointments to the City’s Boards and Commissions:
Health & Building Standards Commission; Human Services Advisory Committee;
Library Board; and Traffic Safety Commission.
Council Member Roden nominated Yessinia Santillan to the Human Services Advisory
Committee. Mayor Pro Tem Engelbrecht nominated Barbara Halbert to the Library Board.
Council Member Roden motioned, Mayor Pro Tem Engelbrecht seconded to approve the
nominations. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory
"aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member
Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried
unanimously.
6. PUBLIC HEARINGS
Ordinance No. 2014-421
A.S14-0007 Hold a public hearing and consider adoption of an ordinance providing a
Specific Use Permit (SUP) to allow a "Basic Utility;" a Denton Municipal Electric
(DME) electrical substation, on approximately 10.45 acres of land within a Neighborhood
Residential 3 (NR-3) and a Neighborhood Residential 4 (NR-4) zoning district. The
subject property is generally located at the northwest corner of Kings Row Drive and N.
Loop 288, in the City of Denton, Denton County, Texas; and providing for a penalty in
the maximum of $2,000.00 for violations thereof, severability, and an effective date (S14-
0007). The Planning and Zoning Commission recommends approval of this request with
conditions (6-1).
Brian Lockley, Director of Planning and Development, stated that this was a request for a
Specific Use Permit to allow for a DME substation on approximately 10.45 acres. The property
was located on the northwest corner of Kings Row and N. Loop 288. The existing substation
was approximately 1600 feet to the west of the proposed substation. Some of the surrounding
uses were: to the north - Farm and Ranch Improvements, to the west - undeveloped, Single
Family; to the south – Single Family, and to the east – Loop 288 / Farm and Ranch
Improvements.
The zoning map for this property was a combination of Neighborhood Residential (NR-3) and
Neighborhood Residential (NR-4). The site plan that was being proposed showed the layout and
some landscaping buffering. The substation site would be centrally located along the frontage of
Loop 288. Access to the site was shown along Kings Row and 2 other locations. The following
conditions were recommended. A perimeter masonry screening wall should be constructed with
a minimum height of ten feet. The substation should be subject to the attached site plan and
landscape plan. Upon construction of the N. Loop 288 “backage” road, the eastern driveway
should be closed and moved to the location shown in the future site plan. Upon construction of
the new driveway along N. Loop 288, a minimum ten feet high masonry wall should replace the
existing gate opening and new tree and landscape plantings should be used to screen the wall.
City of Denton City Council Minutes
December 2, 2014
Page 15
Notification was sent to property owners within 200 feet of the property and to property owners
within 500 feet of the property. Staff received five notices in opposition and one neutral. The
Planning and Zoning Commission recommended approval (6-1) with the condition that a
perimeter masonry screening wall should be constructed with a minimum height of ten feet. The
Development Review Committee recommended approval with the four conditions mentioned
earlier.
Council Member Gregory asked about the landscape plan and what type of buffer this was.
Lockley stated that in anticipation of the property to the west being developed, an ESA buffer
was proposed which was more of a buffer than was typically required.
Council Member Ryan asked if the landscape plan included any road dedication for the future
widening of Kings Row.
Lockley stated that the buffer accounted for the road dedication. The distance between the fence
and Kings Row was approximately 40 feet.
Council Member Hawkins asked which access point would go away.
Lockley stated that the one to the west would go away.
Hawkins asked how long construction would take.
Lockley stated that construction should be completed within eight months.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing.
Christiana Harris, 3500 Cooper Branch West, spoke in opposition
Russ Campbell, 2509 Quail Ridge Drive, spoke in opposition
Linda Carrasco, 3705 Cooper Branch East, spoke in opposition
Elicia Hilborn, 3513 Cooper Branch East, spoke in opposition
Shelley Totter, 3701 Cooper Branch East, spoke in opposition
Jeffery Totter, 3701 Cooper Branch East, spoke in opposition
Council Member Gregory asked Mr. Todder if he or any of his neighbors attended any of the
public meetings in 2011. Mr. Todder stated the letter they received in 2011 was related to the
proposed routes for the transmission line.
Peter Hilborn, 3513 Cooper Branch East, spoke in opposition
Comment cards were received from the following individuals:
Allison Leath, 2301 High Meadow, opposition
Greg Hudy, 2205 High Meadow, opposition
Jordon Cecil, 2512 Chaparral Court, opposition
Feliciana Martinez, 2521 Quail Ridge Drive, opposition
City of Denton City Council Minutes
December 2, 2014
Page 16
Amber Hathcock, 2501 Chaparral Court, opposition
Kristy Hathcock, 2501 Chaparral Court, opposition
Susan Leath, 2301 High Meadow, opposition
Joe Carrasco, 3705 Cooper Branch East, opposition
Keely Briggs, 3108 Broken Bow, opposition
Camille Hilborn, 3513 Cooper Branch East, opposition
Caroline Hilborn, 3513 Cooper Branch East, opposition
Riley Briggs, 3108 Broken Bow, opposition
The Mayor closed the public hearing.
Council Member Roden asked the applicant how planning substations with transmission lines
worked.
Phil Williams, General Manager of DME, stated that the Kings Row substation needed to be
upgraded along with the transmission line that attached to it. This required a wider easement for
routing the transmission line from Southeast Denton to Northeast Denton.
Council Member Gregory confirmed that the City had purchase 10 acres. He stated that there
was a perception that we were going to allow tree clearing.
Phil Williams stated that the actual site was 3.8 acres. The ESA area was what was left.
Council Member Gregory asked about notification and the methods used for notification for
meetings on July 2011, August 2011 and October 2011.
Brian Daskam, DME Manager of External Affairs, stated that they had sent out courtesy notices
to everyone within 500 feet of any of the proposed routes and sites. Daskam stated that the
methods used for notification included the U.S. mail, the City website, phones, social media,
press releases, advertisements in the newspaper, and signs on the sites.
Council Member Hawkins asked Daskam to review the gap in time from 2011 to 2014.
Daskam stated that the main reason for the gap was that staff came before Council for site
selection and then for site acquisition. A large amount of time was spent on property
acquisitions.
Council Member Johnson asked about the size of the proposed site and the existing Kings Row
substation site.
Williams stated that the existing Kings Row substation was 1.4 acres.
Williams stated that the proposed location was as close to the existing substation as possible. It
could not be moved further away because of eight distribution feeders and two transmission lines
would have to be moved.
Johnson asked if there were examples of other substations that were in close proximity of
neighborhoods.
City of Denton City Council Minutes
December 2, 2014
Page 17
Williams stated that there was an existing substation on Teasley Lane. The Cooper Creek
substation was built behind a neighborhood.
Johnson asked if there was any data that would suggest negative property values or health issues.
Williams stated that they had never received complaints related to substations. They had
reviewed several studies and they could not find a correlation between this and negative health
issues.
Council Member Gregory motioned, Council Member Roden seconded to adopt the ordinance
with all the conditions recommended by the Planning and Zoning Commission. On roll call
vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member
Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council
Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2014-422
B. S14-0006 Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas providing a Specific Use Permit (SUP) to allow a "Basic Utility;" a Denton
Municipal Electric (DME) electrical substation, on approximately 10.372 acres of land
within a Neighborhood Residential 6 (NR-6) zoning district. The subject property is
generally located on the east side of Geesling Road, approximately 600 feet north of
Blagg Road and 1,800 feet south of University Drive (US 380), in the City of Denton,
Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00
for violations thereof, severability, and an effective date (S14-0006). The Planning and
Zoning Commission recommends approval of this request with conditions (7-0).
Brian Lockley, Director of Planning and Development, stated that this was a request for a
Specific Use Permit to allow for a DME substation on approximately 10 acres. The property was
located east of Geesling Road, north of Blagg Road, and south of University Drive. Directly
adjacent to the south of the proposed substation was an existing DME and TMPA substation.
The surrounding uses included: to the north and east – undeveloped, to the west – industrial, and
to the south – Farm/Ranch Improvements. The zoning for this property was Neighborhood
Residential 6 (NR-6). The criteria for the SUP were: the proposed SUP met the criteria set forth
in Subchapter 6 and conformed to the purpose and intent of the Denton Plan. The proposed SUP
facilitated the adequate provision of transportation, water, schools, parks, and other public
requirements and public convenience. Notification was sent to property owners within 200 feet
and 500 feet of the property. Staff received one response neutral to the request.
The Development Review Committee and the Planning and Zoning Commission recommended
approval with the following condition. Perimeter masonry screening wall should be constructed
with a minimum height of ten feet.
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
December 2, 2014
Page 18
Council Member Hawkins motioned, Council Member Roden seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council
Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye",
Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously.
Resolution No. R2014-043
C. ID 14-0764 Hold a public hearing and consider approval of a resolution approving a site
for the reconstruction, expansion, and replacement of the Hickory Substation in the
general area south of Scripture St., east of Bonnie Brae St., north of West Prairie St., and
west of North Texas Blvd., in the City of Denton, Denton County, Texas.
Brent Heath, Executive Manager for Electric Delivery, stated that the DME Capital Improvement
Plan included a project to reconstruct the Hickory substation. The project included
reconstruction of the existing Hickory substation to accommodate upgrades from a 69kV to
138kV substation, rerouting of transmission and distribution lines into the new substation, and
retiring and removal of the equipment in the existing substation. Staff worked with engineering
consultants and considered numerous substation sites with a goal to minimize the impact to
citizens by keeping the new substation site as close to the existing site as possible to keep from
having to impact more people with transmission line and distribution line relocations and not to
displace residents from their homes if at all possible.
Heath reviewed the options under consideration. The purple site was directly east of the existing
substation and the only property that was vacant. It was east of Bonnie Brae and south of W.
Oak Street. The orange option was east of Bonnie Brae and north of W. Oak Street and included
several single-family residences and a commercial business. The green option was east of
Bonnie Brae and south of W. Oak Street and included several existing multi-family complexes
and an open site. The blue option was east of Bonnie Brae and south of W. Hickory Street and
included existing multi-family complexes and an open site under construction. The yellow
option was east of Bonnie Brae and south of Stella Street.
Public involvement included an open house on September 30. The Public Utilities Board held a
public hearing on November 10. DME used an online survey to receive input from citizens.
They received 43 comment forms back with the survey results. The majority of the people
preferred the yellow option. The least preferred option was the green option. They ranked the
sites based on the number of people that would be displaced – from the purple option with 5
people to the green option with 88 people. They ranked the sites based on estimated acquisition
costs – from the purple option being the least expensive to the green option being the most
expensive. The Public Utilities Board recommended the purple site. The Public Utilities Board
recommended a committee to advise on aesthetic treatment of the substation exterior. DME
concurred with the PUB recommendations.
The Mayor opened the public hearing.
Lori Lott, stated she was the sister of John Lott, who was the owner of the property designated as
the purple option.
Mike Sherwood, 116 Bonnie Brae, does not oppose and not sure he supports – has rental
property and wants to make sure he is kept in the loop.
Michael Briggs, 2311 Houston Place, spoke in support
Paul Metzler, 1914 W. Oak Street, spoke in support
City of Denton City Council Minutes
December 2, 2014
Page 19
Ann Jordan, 2224 Alamo Place, spoke in opposition
A comment card was received from the following individual:
Jo Ann Nunley, 2215 Houston Place, opposition
The Mayor closed the public hearing.
Dalton Gregory asked how long that site would be sufficient.
Heath stated that this site should be sufficient for probably 100 years.
The Council discussed the aspects of the committee that PUB recommended.
Mayor Pro Tem Engelbrecht stated that he would like to see a staff report on how the process
would work with the committee.
Council Member Hawkins asked about the plans for the old substation after the new substation
was operational.
Heath stated that everything above ground would be removed except for the transmission line.
Council Member Johnson motioned, Council Member Gregory seconded to approve the
resolution. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory
"aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member
Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried
unanimously.
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the
City Council or the public with specific factual information or recitation of policy, or
accept a proposal to place the matter on the agenda for an upcoming meeting AND Under
Section 551.0415 of the Texas Open Meetings Act, provide reports about items of
community interest regarding which no action will be taken, to include: expressions of
thanks, congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or other citizen; a
reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or sponsored
by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the
municipality; or an announcement involving an imminent threat to the public health and
safety of people in the municipality that has arisen after the posting of the agenda. B.
Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
Mayor Pro Tem Engelbrecht recognized the passing of Charldean Newell.
City of Denton City Council Minutes
December 2, 2014
Page 20
Council Member Roden asked that staff keep Council informed on the timeline for items related
to the fracking ban - a website to track any legislation, a website to track the status of the
litigation and a website to track any proposed legislation.
Council Member Hawkins commended DME for the notification process that they had used in
letting the public know about the substation projects. He also reminded everyone of the Holiday
Lighting Festival on Friday.
Mayor Watts requested a report or agenda item on the different options for developing an
economic development fund.
The Regular Meeting was adjourned at 10:10 p.m. The Council reconvened in Closed Session at
10:15 p.m. to consider the following:
C. ID 14-0799 Deliberations regarding Real Property - Under Texas Government Code,
Section 551.072; 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. Receive a
report and hold a discussion regarding legal and economic development issues regarding
economic development incentives for a business prospective in the Cole Ranch
Development. This discussion shall include commercial and financial information the City
Council may receive from the business owners which the City 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. Also hold a discussion with the City’s attorneys on the referenced topic where
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.
With no further business, the meeting was adjourned at 11:06 p.m.
____________________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS